3582 CONGRESSIONAL RECORD— March 27, 2000 HOUSE OF REPRESENTATIVES—Monday, March 27, 2000

The House met at 2 p.m. and was I pledge allegiance to the Flag of the served this Congress for over 30 years called to order by the Speaker pro tem- United States of America, and to the Repub- and served the State of Alaska with pore (Mr. PEASE). lic for which it stands, one nation under God, great distinction and great honor and indivisible, with liberty and justice for all. f integrity for more than that period of f time. DESIGNATION OF THE SPEAKER MESSAGE FROM THE SENATE I became acquainted with Senator PRO TEMPORE A message from the Senate by Mr. STEVENS as a younger man in 1972 when The SPEAKER pro tempore laid be- Lundregan, one of its clerks, an- I was finishing the service, as a law fore the House the following commu- nounced that the Senate has passed clerk for a Federal judge in Anchorage, nication from the Speaker: with an amendment in which the con- Alaska, and was hired by Senator STE- WASHINGTON, DC, currence of the House is requested, a VENS, came back here to Washington, March 27, 2000. bill of the House of the following title: D.C. in 1972, and served on his staff as I hereby appoint the Honorable EDWARD A. H.R. 2559. An act to amend the Federal his staff counsel and legislative direc- PEASE to act as Speaker pro tempore on this Crop Insurance Act to strengthen the safety tor and then chief of staff, until I got day. net for agricultural producers by providing married and left this community of J. DENNIS HASTERT, greater access to more affordable risk man- Washington, D.C. and the Congress in Speaker of the House of Representatives. agement tools and improved protection from 1977. f production and income loss, to improve the Senator STEVENS during that time efficiency and integrity of the Federal crop and ever since has been a wonderful PRAYER insurance program, and for other purposes. teacher for me and a great friend of our The Chaplain, the Reverend Daniel P. The message also announced that the family, as he has been for a generation Coughlin, offered the following prayer: Senate insists upon its amendment to of Alaskans who have come to respect We pray to You, Almighty God, and the bill (H.R. 2559) ‘‘An Act to amend him and his work in the United States eternal God, ever-present to all our un- the Federal Crop Insurance Act to Senate and his work for our country, as dertakings and all our needs. Touch strengthen the safety net for agricul- well as his work for the State of Alas- every aspect of our lives with Your ho- tural producers by providing greater ka. liness. Endow us with faith as we begin access to more affordable risk manage- There is no greater advocate for the a new week and these activities in the ment tools and improved protection State of Alaska and for the American from production and income loss, to House of Representatives of the 106th system than Senator STEVENS. It is ab- Congress. improve the efficiency and integrity of solutely fitting that he receive this May Your Divine Wisdom direct all the Federal crop insurance program, Alaskan of the Century award. He has of our deliberations and be revealed in and for other purposes,’’ requests a served Alaska as a resident before all the proceedings and laws framed by conference with the House on the dis- statehood and after statehood. this government. agreeing votes of the two Houses there- He served in the Alaska legislature May the gracious work of Your Spirit on, and appoints Mr. LUGAR, Mr. achieving high marks there for his in us preserve peace, promote national HELMS, Mr. COCHRAN, Mr. COVERDELL, service to the State, worked for the so- happiness and increase in the people of Mr. ROBERTS, Mr. HARKIN, Mr. LEAHY, licitor for the Department of Interior this Nation, dedication to industry, a Mr. CONRAD, and Mr. KERREY, to be the before statehood, and then was ap- sense of compassion for others and use- conferees on the part of the Senate. pointed to the United States Senate in ful knowledge, so that the blessings of f 1968, and has been reelected over- so many in this country may be ex- SPECIAL ORDERS whelmingly ever since. tended to all with equal liberty. The SPEAKER pro tempore (Mr. Senator STEVENS brings a respect for May this House and this Nation be his State and our system to the Con- PEASE). Under the Speaker’s an- preserved in unity and enjoy the peace gress of the United States. He was which the world cannot give, a deep nounced policy of January 6, 1999, and under a previous order of the House, elected as the assistant majority leader and abiding peace, which is Your gift in the United States Senate. He went alone to give. We pray to You who live the following Members will be recog- nized for 5 minutes each. on to become chairman of the Com- and reign for ever and ever. Amen. mittee on Appropriations in the Sen- f f ate, a position which he holds today, SENATOR STEVENS CHOSEN with a special expertise in interior THE JOURNAL ALASKAN OF THE CENTURY issues and public lands issues, and also The SPEAKER pro tempore. The The SPEAKER pro tempore. Under a a great experience in defense issues. Chair has examined the Journal of the previous order of the House, the gen- There probably is no greater expert last day’s proceedings and announces tleman from Washington (Mr. in the area of national security and na- to the House his approval thereof. NETHERCUTT) is recognized for 5 min- tional defense than Senator STEVENS. Pursuant to clause 1, rule I, the Jour- utes. The residents of Alaska recognize that, nal stands approved. Mr. NETHERCUTT. Mr. Speaker, I and, in choosing him to be the Alaskan f rise today to pay special tribute to one of the Century, confirmed their love for of our colleagues, who happens to be him and reward him in essence for his PLEDGE OF ALLEGIANCE from the other body, who received a great service to that State; a reward The SPEAKER pro tempore. Will the very distinguished award this weekend. that he has undertaken with great pas- gentleman from (Mr. DUN- The recipient of that award was Sen- sion and great commitment. CAN) come forward and lead the House ator TED STEVENS of Alaska who was Senator STEVENS is not just a great in the Pledge of Allegiance. chosen as the Alaskan of the Century. legislator and a great American, he is a Mr. DUNCAN led the Pledge of Alle- Now, this is a remarkable achieve- wonderful father to Susan and Beth giance as follows: ment by Senator STEVENS, since he has and Teddy and Walter and Ben and

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.

VerDate Aug 04 2004 13:02 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR00\H27MR0.000 H27MR0 March 27, 2000 CONGRESSIONAL RECORD—HOUSE 3583 Lilly. He is a champion for them, as there. Billions of dollars of U.S. - lion, almost 5 billion of which is for our well as a champion for all others in payer money down the drain and bil- expenses in Kosovo. Alaska of all economic levels and all lions in damage done by U.S.–NATO This 5 billion is on top of all the bil- races and backgrounds. The Alaskan bombs. And around the world, the U.S. lions this stupid war cost us when we Native community has recognized the is seen more and more as a big bully were doing all the bombing. We are STEVENS legacy by respecting him, not trying to run the whole world instead told that we have to pass this supple- only with their votes, but with their of taking care of our own country. mental bill because the military has support. The globalist elites in this adminis- already spent this money by taking it The Alaskan Native Land Claims tration who are not satisfied just run- from other accounts. However, we gave Settlement Act was one that Senator ning the U.S. are making more enemies the Pentagon a huge increase in spend- STEVENS championed to settle the than friends for this country. We are ing with the fiscal year that started claims of the first Alaskans. And in being seen around the world as contin- just 5 months ago, about a $17 billion doing so, he has endeared himself in ually butting our nose into situations or $18 billion increase. their hearts and in the hearts of all that are none of our business. This supplemental bill, just a couple Alaskans. The TransAlaska Pipeline As the Scripps-Howard editorial says, of months ago, when people started project that was just a monumental ‘‘Kosovo is basically a problem for Eu- talking about it was less than half undertaking that brought energy, effi- rope and its institutions,’’ or at least it what it is now with all the things that ciency, and assistance to the rest of should be, and it always was. have been added to it. the Nation was spearheaded by this Many months ago, at the end of the What we need now, though, is what man. The 2000 Mile Fishing Limit was air war, William Ratliff and David syndicated columnist Doug Bandow spearheaded by this man, Senator STE- Opponheimer wrote a column in The calls a foreign policy for a Republic not VENS. Washington Times which said in part, an Empire, one that puts our country As you total up a person’s contribu- ‘‘NATO’s bombings precipitated floods and its security first and does not have tions in life, I think TED STEVENS’ of refugees and other disasters that us wasting billions and making mil- greatest are his contributions, as I say, have destabilized the region in polit- lions of enemies trying to be the po- as a father, as a husband to Ann Ste- ical, economic, and other terms far be- liceman of the world. vens, who tragically was deceased in yond what Mr. Milosevic could have We will make many more friends by 1978, and his current wife, Catherine, ever done on his own.’’ bombing only as an absolute also a great supporter of the Alaskan They added, ‘‘Since for most people and only when our own national secu- system. NATO is America, this war has re- rity is threatened or a very vital U.S. So I speak, I hope, on behalf of all ignited anti-Americanism and sus- interest is at stake, neither of which Members of Congress in recognizing picion of U.S. intentions from Argen- was the case in Kosovo. tina to China. Most people do not be- TED STEVENS’ great contributions and f congratulating him for being Alaskan lieve this war was to defend human of the Century. rights, particularly since we harmed so SPECIAL ORDERS GRANTED f many innocent people in and far be- (The following Member (at his own yond the Central Balkans.’’ request) to revise and extend his re- ANNOUNCEMENT BY THE SPEAKER The Washington Post reported a few PRO TEMPORE marks and include extraneous mate- days ago that our soldiers are now hav- rial:) The SPEAKER pro tempore. Mem- ing to fight and take weapons away Mr. NETHERCUTT, for 5 minutes, bers are reminded that personal ref- from the ethnic Albanians, the very today. erences to sitting Members of the other people we supposedly went in origi- (The following Member (at his own body are not to be included in remarks nally to help. request) to revise and extend his re- in debate in the House. Today’s Scripps-Howard editorial marks and include extraneous mate- f says, ‘‘the Serbians weren’t killing as rial:) many ethnic Albanians as contem- Mr. DUNCAN, for 5 minutes, today. AIR WAR AGAINST SERBIA porary accounts claimed,’’ adding this The SPEAKER pro tempore. Under a ‘‘in Kosovo today, the ethnic Albanians f previous order of the House, the gen- are intent on revenge on the dwindling ADJOURNMENT tleman from Tennessee (Mr. DUNCAN) is number of remaining Serbs, Kosovar recognized for 5 minutes. courts and police are corrupt and inef- Mr. DUNCAN. Mr. Speaker, I move Mr. DUNCAN. Mr. Speaker, in to- ficient, and the still heavily armed that the House do now adjourn. day’s Scripps-Howard newspapers Kosovo Liberation Army is staging The motion was agreed to; accord- around the Nation is an editorial enti- cross-border raids into parts of Ser- ingly (at 2 o’clock and 12 minutes tled ‘‘Unhappy Anniversary.’’ It reads bia.’’ p.m.), under its previous order, the in part, ‘‘after its ill-advised air war In other words, Mr. Speaker, the sit- House adjourned until tomorrow, Tues- against Serbia that started a year ago uation is a mess, and as Scripps How- day, March 28, 2000, at 12:30 p.m., for this month and concluded with the ard says today, ‘‘Kosovo is a tragic ex- morning hour debates. deaths of many innocent civilians, ample of where President Clinton or- f NATO finds itself administering a dered bombs instead of continuing with stalemate with no evident means of diplomacy.’’ EXECUTIVE COMMUNICATIONS, disengaging. The outcome certainly Why is it important that we talk ETC. has not been a happy one for NATO.’’ about these things now since this air Under clause 8 of rule XII, executive All around the world, NATO is seen war ended months ago? Well, for two communications were taken from the as the U.S., and I think it is obvious very important reasons. Speaker’s table and referred as follows: that this war would never have been First, we need to talk about this so 6770. A letter from the Congressional Re- started if the White House had not in- we will not make these mistakes again. view Coordinator, Department of Agri- sisted on it. There are always numerous shooting culture, transmitting the Department’s final How easily, how cavalierly we say wars going on around the world, some rule—Imported Fire Ant; Quarantined Areas those words ‘‘air war’’ that ‘‘concluded right now worse than Kosovo was when and Treatment [Docket No. 98–125–2] received with the deaths of many innocent civil- we went in. January 31, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- ians.’’ Second, this week, presently sched- culture. We made the situation much worse uled for Wednesday, the House is sched- 6771. A letter from the Administrator, De- and many thousands more were made uled to take up a $9 billion supple- partment of Agriculture, transmitting the homeless or killed by what we did mental appropriations bill, $4.95 bil- Department’s final rule—Dairy Tariff-Rate

VerDate Aug 04 2004 13:02 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR00\H27MR0.000 H27MR0 3584 CONGRESSIONAL RECORD—HOUSE March 27, 2000 Import Quota Licensing (RIN 0551–AA58) re- Federal Managers’ Financial Integrity Act 6791. A letter from the Chief, Office of Reg- ceived January 14, 2000, pursuant to 5 U.S.C. (FMFIA); to the Committee on Government ulations and Administrative Law, USCG, De- 801(a)(1)(A); to the Committee on Agri- Reform. partment of Transportation, transmitting culture. 6782. A letter from the Secretary of Trans- the Department’s final rule—Drawbridge Op- 6772. A communication from the President portation, transmitting the report that both eration Regulations: Norwalk River, CT of the United States, transmitting the Na- objectives of Section 2 and Section 4 of the [CGD01–00–006] received February 24, 2000, tional Security Strategy of the United Federal Managers’ Financial Integrity Act of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- States, 1999, pursuant to Public Law 99—433, 1982 were met during FY 1999, pursuant to 31 mittee on Transportation and Infrastruc- section 603(a) (100 Stat. 1075); to the Com- U.S.C. 3512(c)(3); to the Committee on Gov- ture. mittee on Armed Services. ernment Reform. 6792. A letter from the Chief, Office of Reg- 6773. A letter from the Office of Regulatory 6783. A letter from the Acting Director, Of- ulations and Administrative Law, USCG, De- Management and Information, Environ- fice of Sustainable Fisheries, National Ma- partment of Transportation, transmitting mental Protection Agency, transmitting the rine Fisheries Service, National Oceanic and the Department’s final rule—Drawbridge Op- Agency’s final rule—Notice of Availability Atmospheric Administration, transmitting eration Regulations: Jamaica Bay and Con- Compliance Measurement Cooperative the Administration’s final rule—Fisheries of necting Waterways, NY [CGD01–00–008] re- Agreements—received February 9, 2000, pur- the Exclusive Economic Zone Off Alaska; ceived February 24, 2000, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Inseason Adjustment to Required Observer 801(a)(1)(A); to the Committee on Transpor- mittee on Commerce. Coverage [Docket No. 981221311–9096–02; I.D. tation and Infrastructure. 6774. A letter from the Chairman, Amtrak, 021400F] received February 24, 2000, pursuant 6793. A letter from the Program Analyst, transmitting the semiannual report on the to 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- activities of the Office of Inspector General, Resources. mitting the Department’s final rule—Rev- pursuant to 5 U.S.C. app. (Insp. Gen. Act) 6784. A letter from the Assistant Attorney ocation of the El Toro Marine Corps Air Sta- section 5(b); to the Committee on Govern- General, Office of Justice Programs, Depart- tion (MCAS) Class C Airspace Area, and Re- ment Reform. ment of Justice, transmitting the Depart- vision of the Santa Ana Class C Airspace 6775. A letter from the Chairman, Com- ment’s final rule—Corrections Program Of- Area; CA [Airspace Docket No. 99–AWA–10] modity Futures Trading Commission, trans- fice’s Interpretation of Eligibility Require- (RIN: 2120–AA66) received February 24, 2000, mitting the report on the management con- ments for Truth-in-Sentencing Incentive pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- trol and financial systems compliance with Grants Under 42 U.S.C. 13704(a)(2) [OJP(OJP)- mittee on Transportation and Infrastruc- Section 2 and 4 of the Federal Managers’ Fi- 1258] (RIN: 1121–ZB92) received February 25, ture. nancial Integrity Act; to the Committee on 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 6794. A letter from the Program Analyst, Government Reform. Committee on the Judiciary. FAA, Department of Transportation, trans- 6785. A letter from the Assistant Attorney 6776. A letter from the Acting Deputy Asso- mitting the Department’s final rule—Estab- General, Office of Justice Programs, Depart- ciate Administrator for Acquisition Policy, lishment of Class D Airspace, Amendment of ment of Justice, transmitting the Depart- Office of Governmentwide Policy, General Class D Airspace; Key West, FL [Airspace ment’s final rule—Timing of Police Corps Services Administration, National transmit- Docket No. 99–ASO–28] received February 24, Reimbursements of Educational Expenses ting the Administration’s final rule—Federal 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the [OJP(OJP)-1250f] (RIN: 1121–AA50) received Acquisition Regulation; Document Committee on Transportation and Infra- February 25, 2000, pursuant to 5 U.S.C. Availibility [FAC 97–15; FAR Case 99–018; structure. 801(a)(1)(A); to the Committee on the Judici- Item VI] (RIN 9000–AI58) received January 24, 6795. A letter from the Program Analyst, ary. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 6786. A letter from the Assistant Secretary, FAA, Department of Transportation, trans- Committee on Government Reform. Indian Affairs, Department of the Interior, mitting the Department’s final rule—Amend- 6777. A letter from the Acting Deputy Asso- transmitting the Department’s final rule— ment to Class E Airspace; Hutchinson, KS ciate Administrator for Aquisition Policy, Distribution of Fiscal Year 2000 Indian Res- [Airspace Docket No. 99–ACE–48] received Office of Governmentwide Policy, General ervation Road Funds (RIN 1076–AD99) re- February 24, 2000, pursuant to 5 U.S.C. Services Administration, National transmit- ceived February 25, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- ting the Administration’s final rule—Federal 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. Acquisition Regulation; Special Simplified tation and Infrastructure. 6796. A letter from the Program Analyst, Procedures for Purchases of Commercial 6787. A letter from the Program Analyst, FAA, Department of Transportation, trans- Items in Excess of the Simplified Acquisition FAA, Department of Transportation, trans- mitting the Department’s final rule—Air- Threshhold [FAC 97–15; FAR Case 99–304; mitting the Department’s final rule—Special worthiness Directives; Habin Aircraft Manu- Item VIII] (RIN 9000–AI59) received January Flight Rules in the Vincinity of Grand Can- facturing Corporation Model Y12 IV Air- 24, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to yon National Park [Docket No. 28537; planes [Docket No. 99–CE–41–AD; Amend- the Committee on Government Reform. Amendment Nos. 91–260, 93–79, 121–272, 135–74] ment 39–11544; AD 2000–02–26] (RIN: 2120– 6778. A letter from the Acting Deputy Asso- (RIN: 2120–AG97) received February 24, 2000, AA64) received February 24, 2000, pursuant to ciate Administrator for Acquisition Policy, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on Office of Governmentwide Policy, General mittee on Transportation and Infrastruc- Transportation and Infrastructure. Services Administration, National transmit- ture. 6797. A letter from the Program Analyst, ting the Administration’s final rule—Federal 6788. A letter from the Program Analyst, FAA, Department of Transportation, trans- Acquisition Regulation; SBA’s 8(a) Business FAA, Department of Transportation, trans- mitting the Department’s final rule—Air- Development Program [FAC 97–15; FAR Case mitting the Department’s final rule—Re- worthiness Directives; British Aerospace 98–011; Item VII] (RIN 9000–AI33) received duced Vertical Separation Minimum (RVSM) (Jetstream) Model 4101 Airplanes [Docket January 24, 2000, pursuant to 5 U.S.C. [Docket No. FAA–1999–5925 Amendment No. No. 99–NM–309–AD; Amendment 39–11539; AD 801(a)(1)(A); to the Committee on Govern- 91–261] (RIN: 2120–AG82) received February 2000–02–21] (RIN: 2120–AA64) received Feb- ment Reform. 24, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to ruary 24, 2000, pursuant to 5 U.S.C. 6779. A letter from the Acting Deputy Asso- the Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Transpor- ciate Administrator for Acquisition Policy, structure. tation and Infrastructure. Office of Governmentwide Policy, General 6789. A letter from the Chief, Office of Reg- 6798. A letter from the Program Analyst, Services Administration, National transmit- ulation and Administrative Law, USCG, De- FAA, Department of Transportation, trans- ting the Administration’s final rule—Federal partment of Transportation, transmitting mitting the Department’s final rule—Air- Acquisition Regulation; Transition of the Fi- the Department’s final rule—Anchorage Reg- worthiness Directives; Raytheon Model nancial Management System Software Pro- ulation; Los Angeles-Long Beach Harbors, Hawker 800 and 1000 Airplanes and Model gram [FAC 97–15; FAR Case 99–602; Item V] CA [CGD11–99–008] (RIN: 2115–AA98) received DH.125, HS.125, and BAe.125 Series Airplanes (RIN 9000–AI57) received January 24, 2000, February 24, 2000, pursuant to 5 U.S.C. [Docket No. 99–NM–160–AD; Amendment 39– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- 11553; AD 2000–02–35] (RIN: 2120–AA64) re- mittee on Government Reform. tation and Infrastructure. ceived February 24, 2000, pursuant to 5 U.S.C. 6780. A letter from the Chairman, National 6790. A letter from the Chief, Office of Reg- 801(a)(1)(A); to the Committee on Transpor- Endowment for the Humanties, transmitting ulations and Administrative Law, USCG, De- tation and Infrastructure. the report on the internal control and finan- partment of Transportation, transmitting 6799. A letter from the Program Analyst, cial systems within the objectives of the the Department’s final rule—Safety Zone; FAA, Department of Transportation, trans- Federal Managers’ Financial Integrity Act; Tampa Bay, Tampa, Florida [COTP Tampa mitting the Department’s final rule—Air- to the Committee on Government Reform. 99–042] (RIN: 2115–AA97) received February worthiness Directives; Eurocopter France 6781. A letter from the Director, Office of 24, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Model SA.315B Helicopters [Docket No. 98– Personnel Management, transmitting the FY the Committee on Transportation and Infra- SW–63–AD; Amendment 39–11550; AD 2000–02– 1999 management controls as required by the structure. 32] (RIN: 2120–AA64) received February 24,

VerDate Aug 04 2004 13:02 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR00\H27MR0.000 H27MR0 March 27, 2000 CONGRESSIONAL RECORD—HOUSE 3585 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Department’s final rule—Air- amendment (Rept. 106–546). Referred to the Committee on Transportation and Infra- worthiness Directives; Boeing Model 767 Se- Committee of the Whole House on the State structure. ries Airplanes Equipped with General Elec- of the Union. 6800. A letter from the Program Analyst, tric Model CF6–80C2 Series Engines [Docket [Submitted March 27, 2000] FAA, Department of Transportation, trans- No. 98–NM–231–AD; Amendment 39–11538; AD Mr. BLILEY: Committee on Commerce. mitting the Department’s final rule—Air- 2000–02–20] (RIN: 2120–AA64) received Feb- H.R. 1089. A bill to require the Securities and worthiness Directives; Bombardier Model ruary 24, 2000, pursuant to 5 U.S.C. Exchange Commission to require the im- CL–600–2B19 (Regional Jet Series 100) Series 801(a)(1)(A); to the Committee on Transpor- proved disclosure of after-tax returns regard- Airplanes [Docket No. 99–NM–34–AD; Amend- tation and Infrastructure. ing mutual fund performance, and for other ment 39–11552; AD 2000–02–34] (RIN: 2120– 6809. A letter from the Program Analyst, purposes; with an amendment (Rept. 106–547). AA64) received February 24, 2000, pursuant to FAA, Department of Transportation, trans- Referred to the Committee of the Whole 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Air- House on the State of the Union. Transportation and Infrastructure. worthiness Directives; Boeing Model 727 Se- 6801. A letter from the Program Analyst, ries Airplanes [Docket No. 97–NM–323–AD; f FAA, Department of Transportation, trans- Amendment 39–11537; AD 2000–02–19] (RIN: TIME LIMITATION OF REFERRED mitting the Department’s final rule—Air- 2120–AA64) received February 24, 2000, pursu- worthiness Directives; Boeing Model 747–100 ant to 5 U.S.C. 801(a)(1)(A); to the Committee BILL and -200 Series Airplanes [Docket No. 99–NM– on Transportation and Infrastructure. Pursuant to clause 5 of rule X the fol- 88–AD; Amendment 39–11558; AD 2000–03–01] 6810. A letter from the Program Analyst, lowing action was taken by the Speak- (RIN: 2120–AA64) received February 24, 2000, FAA, Department of Transportation, trans- er: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Air- mittee on Transportation and Infrastruc- worthiness Directives; Boeing Model 737–100, H.R. 3244. Referral to the Committees on ture. -200, -300, -400, and -500 Series Airplanes the Judiciary, Banking and Financial Serv- 6802. A letter from the Program Analyst, [Docket No. 97–NM–133–AD; Amendment 39– ices, and Ways and Means for a period ending FAA, Department of Transportation, trans- 11536; AD 2000–02–18] (RIN: 2120–AA64) re- not later than April 14, 2000. mitting the Department’s final rule—Air- ceived February 24, 2000, pursuant to 5 U.S.C. f worthiness Directives; Boeing Model 747 Se- 801(a)(1)(A); to the Committee on Transpor- ries Airplanes [Docket No. 99–NM–41–AD; tation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS Amendment 39–11555; AD 2000–02–37] (RIN: 6811. A letter from the Director, Statutory Under clause 2 of rule XII, public 2120–AA64) received February 24, 2000, pursu- Import Programs Staff, Department of Com- bills and resolutions of the following ant to 5 U.S.C. 801(a)(1)(A); to the Committee merce, transmitting the Department’s final on Transportation and Infrastructure. titles were introduced and severally re- rule— in Watch, Watch Movement ferred, as follows: 6803. A letter from the Program Analyst, and Jewelery Program for the U.S. Insular FAA, Department of Transportation, trans- Possessions [Docket No. 990813222–0035–03] By Mr. WEINER (for himself, Ms. mitting the Department’s final rule—Air- (RIN 0625–AA25) received March 1, 2000, pur- ROYBAL-ALLARD, and Ms. worthiness Directives; Boeing Model 747–400 suant to 5 U.S.C. 801(a)(1)(A); to the Com- MILLENDER-MCDONALD): Series Airplanes Equipped with General mittee on Ways and Means. H.R. 4093. A bill to amend the Truth in Electric CF6–80C2 Series Engines [Docket 6812. A letter from the Chief, Regulations Lending Act to require a store in which a No. 98–NM–252–AD; Amendment 39–11551; AD Unit, , transmitting consumer may apply to open a credit or 2000–02–33] (RIN: 2120–AA64) received Feb- the Service’s final rule—Automatic Waiver charge card account to display a sign, at ruary 24, 2000, pursuant to 5 U.S.C. of Certain Excise Tax [Revenue Procedure each location where the application may be 801(a)(1)(A); to the Committee on Transpor- 2000–17] received February 25, 2000, pursuant made, containing the same information re- tation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on 6804. A letter from the Program Analyst, quired by such Act to be prominently placed Ways and Means. in a tabular format on the application; which FAA, Department of Transportation, trans- 6813. A letter from the Chief, Regulations mitting the Department’s final rule—Air- was referred to the Committee on Banking Unit, Internal Revenue Service, transmitting and Financial Services. worthiness Directives; Airbus Model A300, the Service’s final rule—Closing Agreements A300–600, and A310 Series Airplanes [Docket Concerning Variable Annuity Contracts [No- f No. 99–NM–23–AD; Amendment 39–11556; AD tice 2000–9] received January 21, 2000, pursu- ADDITIONAL SPONSORS 2000–02–38] (RIN: 2120–AA64) received Feb- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ruary 24, 2000, pursuant to 5 U.S.C. on Ways and Means. Under clause 7 of rule XII, sponsors 801(a)(1)(A); to the Committee on Transpor- 6814. A letter from the Chairman, Inter- were added to public bills and resolu- tation and Infrastructure. national Trade Commission, transmitting tions as follows: 6805. A letter from the Program Analyst, the results of the investigation under section FAA, Department of Transportation, trans- H.R. 40: Mr. KLINK. 204(a) of the Trade Act of 1974 with respect to mitting the Department’s final rule—Air- H.R. 61: Mr. BACA. the domestic industry since quanitative lim- worthiness Directives; Airbus Model A300 Se- H.R. 218: Mr. HAYES, Mr. BACA, and Mr. itations on imports of wheat gluten were im- ries Airplanes [Docket No. 2000–NM–16–AD; LEWIS of California. posed on June 1, 1998; to the Committee on Amendment 39–11557; AD 2000–02–39] (RIN: H.R. 252: Mr. ARMEY, Mr. DELAY, Mr. Ways and Means. 2120–AA64) received February 24, 2000, pursu- BAKER, and Mr. PAUL. 6815. A letter from the Assistant Attorney ant to 5 U.S.C. 801(a)(1)(A); to the Committee H.R. 860: Mr. UDALL of Colorado. General, Department of Justice, transmit- on Transportation and Infrastructure. H.R. 876: Mr. LATHAM. ting a legislative proposal to amend the pro- 6806. A letter from the Program Analyst, H.R. 960: Ms. CARSON. visions of the Inspector General Act, as FAA, Department of Transportation, trans- H.R. 1168: Mr. SANDLIN and Ms. VELA´ ZQUEZ. amended, 5 U.S.C. Appendix 3, by adding a mitting the Department’s final rule—Air- H.R. 1215: Mr. BLUMENAUER. new section 6(e); jointly to the Committees worthiness Directives; Airbus Model A319, H.R. 1413: Mr. TERRY, Ms. LOFGREN, Mr. on Government Reform and the Judiciary. A320, A321 Series Airplanes [Docket No. 99– JENKINS, Mr. COOK, and Mr. ROMERO- NM–254–AD; Amendment 39–11554; AD 2000– f BARCELO. H.R. 1485: Mrs. MINK of Hawaii. 02–36] (RIN: 2120–AA64) received February 24, REPORTS OF COMMITTEES ON H.R. 1525: Mr. FRANK of , Mr. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the PUBLIC BILLS AND RESOLUTIONS Committee on Transportation and Infra- DICKS, and Mr. BAIRD. structure. Under clause 2 of rule XIII, reports of H.R. 1967: Mr. BACA. 6807. A letter from the Program Analyst, committees were delivered to the Clerk H.R. 2641: Mr. UDALL of New Mexico. FAA, Department of Transportation, trans- for printing and reference to the proper H.R. 2697: Mr. WEXLER. H.R. 2814: Mrs. . mitting the Department’s final rule—Air- calendar, as follows: worthiness Directives; McDonnell Douglas H.R. 2964: Mr. CUNNINGHAM and Mr. STU- Model DC–9, DC–9–80, and C–9 (Military) Se- [Submitted March 24, 2000] PAK. ries Airplanes, and Model MD–88 Airplanes Mr. ARCHER: Committee on Ways and H.R. 3044: Mr. GEORGE MILLER of Cali- [Docket No. 98–NM–381–AD; Amendment 39– Means. H.R. 7. A bill to amend the Internal fornia. 11541; AD 2000–02–23] (RIN: 2120–AA64) re- Revenue Code of 1986 to allow tax-free ex- H.R. 3180: Mr. BACA. ceived February 24, 2000, pursuant to 5 U.S.C. penditures from education individual retire- H.R. 3202: Mr. LOBIONDO. 801(a)(1)(A); to the Committee on Transpor- ment accounts for elementary and secondary H.R. 3535: Mr. HEFLEY, Mr. SMITH of Wash- tation and Infrastructure. school expenses, to increase the maximum ington, and Mr. CALVERT. 6808. A letter from the Program Analyst, annual amount of contributions to such ac- H.R. 3575: Mr. PICKETT, Mr. LAFALCE, and FAA, Department of Transportation, trans- counts, and for other purposes; with an Mr. CAPUANO.

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H.R. 3631: Ms. SLAUGHTER. H.R. 3850: Mr. HILLEARY, Mr. DEAL of Geor- H.R. 4051: Mr. PICKERING, Mr. HYDE, Mr. H.R. 3639: Mr. ETHERIDGE. gia, Mr. PORTMAN, and Mr. KLECZKA. HERGER, and Mr. SMITH of Texas. H.R. 3891: Mr. VENTO, Ms. SLAUGHTER, Ms. H. Con. Res. 62: Mr. CANADY of Florida, Mr. H.R. 3686: Mr. BLUMENAUER. CARSON, and Mr. GONZALEZ. BOEHNER, Mr. ANDREWS, and Mr. WEXLER. H.R. 3694: Mr. GILMAN. H.R. 4006: Mr. WELDON of Pennsylvania. H. Res. 346: Mr. SPRATT.

VerDate Aug 04 2004 13:02 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR00\H27MR0.000 H27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3587 SENATE—Monday, March 27, 2000

The Senate met at 12 noon and was ation of S. Res. 14 regarding the dese- TOM FEREBEE SAW HIS DUTY AND called to order by the President pro cration of the flag. Under a previous HE DID IT AT HIROSHIMA tempore (Mr. THURMOND). agreement, amendments by Senators Mr. HELMS. Mr. President, when a MCCONNELL and HOLLINGS will be de- remarkable North Carolina native died PRAYER bated throughout the day. on March 16, a more perfect world The guest Chaplain, Bishop David R. As previously announced, there will would have dictated that his death be Brown, Chaplain of the American Le- be no rollcall votes today, with any given far more attention than it re- gion, offered the following prayer: votes ordered in relation to the flag ceived, attention that would have in- O God of our hearts, we thank You desecration measure scheduled to voked memories of a distinguished, for the fullness of which has come occur on Tuesday at 2:15 p.m. Any Sen- decorated war veteran; a career Air to us from serving You and has made ators interested in debating this impor- Force officer; and a conscientious, itself apparent in the growth of this tant measure should be prepared to do hard-working real estate agent; and great country. We ask for Your unwav- so today or early tomorrow. most importantly, it would have kin- ering blessings that we may rediscover I thank my colleagues for their at- dled memories of a kind, gentle grand- and strengthen the faith in ourselves, tention. father who enjoyed bass fishing and the faith in each other, the faith in the f tending to his beloved roses. process, and the faith in You that we But, when death came to Thomas may live our motto ‘‘In God We Trust.’’ MEASURES PLACED ON THE Wilson Ferebee, some of the media O God of hope, grant wisdom and CALENDAR—S. 2284 AND S. 2285 mentioned these fine personal qualities guidance to these men and women who Mr. THOMAS. Mr. President, I under- only in passing, but many others will have been placed in positions of trust stand there are two bills at the desk remember Tom Ferebee’s carrying out by their peers. Lead them, O Beloved, due for their second reading. his awesome, solemn responsibility as so that the desire in each of our hearts The PRESIDENT pro tempore. The lead bombardier on the Enola Gay. It for justice and equality will resound as clerk will read the bills by title. was he, on duty that fateful day when a clarion call throughout this hallowed The assistant legislative clerk read the first atomic bomb was dropped on Senate Chamber. We ask that Your all- as follows: Hiroshima, helping to bring, finally, an encompassing love and forgiveness end to the costly, destructive, most make equal the voice of the power A bill (S. 2284) to amend the Fair Labor Standards Act of 1938 to provide for an in- terrible conflict that history records as broker and the most humble citizen; crease in the Federal minimum wage. World War II. make equal the voice of every citizen A bill (S. 2285) instituting a Federal fuels The decision to use the atomic bomb regardless of race, creed, or gender. . was an extraordinarily difficult one. Beloved, help us to renew our faith Mr. THOMAS. Mr. President, I object And, too often, revisionist historians and trust in those deeply felt spiritual to further proceedings on these bills at have tried to rewrite the lessons of Hir- and reasonable truths of our fore- this time. oshima and Nagasaki, with unjustified fathers that all men and women are The PRESIDENT pro tempore. Under suggestions that Harry Truman’s deci- created equal. They proposed a theory. the rules, the bills will be placed on the sion to use the bomb to end the war We ask You for the strength of heart calendar. was immoral. and will to give it life throughout this Mr. THOMAS. I yield the floor. What would have been immoral, of land of ours so that we might shine as The PRESIDENT pro tempore. The course, would have been to force the a beacon of hope and equality, of faith able Senator from Nevada. world into a further, protracted, bloody and trust, for the rest of Your creation. Mr. REID. Mr. President, it is my un- struggle when the means were avail- Amen. derstanding that you have or will able to end it—with, in the end, less f shortly call us into a period of morning suffering, destruction, and killing. PLEDGE OF ALLEGIANCE business. The weight of that decision was The PRESIDENT pro tempore. The placed on the shoulders of the crew of The Honorable CRAIG THOMAS, a Sen- Senator is correct. the Enola Gay, among whom was a ator from the State of Wyoming, led farm boy from Davie County, NC. In the Pledge of Allegiance, as follows: f nearby Mocksville, where Tom Ferebee I pledge allegiance to the Flag of the went to school, nobody could have pre- RESERVATION OF LEADER TIME United States of America, and to the Repub- dicted that this four-sport star of base- lic for which it stands, one nation under God, The PRESIDING OFFICER (Mr. ball, football, basketball, and track indivisible, with liberty and justice for all. THOMAS). Under the previous order, the would be remembered one day around f leadership time is reserved. the world. RECOGNITION OF THE ACTING f Throughout his later years, Tom MAJORITY LEADER Ferebee was often questioned about his Enola Gay role. One journalist after an- The PRESIDENT pro tempore. The MORNING BUSINESS other with their minds made up in ad- able Senator from Wyoming is recog- The PRESIDING OFFICER. Under vance tried to press Tom Ferebee to nized. the previous order, there will now be a admit guilt about his role—which Tom f period for the transaction of morning business not to extend beyond the hour Ferebee rejected, saying, for example SCHEDULE of 1:30 p.m., with Senators permitted to in 1995: Mr. THOMAS. Mr. President, today speak therein for not exceeding 10 min- I’m sorry an awful lot of people died from the Senate will be in a period of morn- utes each. that bomb, and I hate that something like that had to happen to end the war. But it ing business until 1:30, with Senators Under the previous order, the Sen- was war, and we had to do something to end DURBIN and THOMAS in control of the ator from Illinois, Mr. DURBIN, or his it. time. Following the morning business designee, will be in control of the first None of us who were on the Enola Gay ever period, the Senate will begin consider- 45 minutes. lost a minute’s sleep over it. In fact, I sleep

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

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 3588 CONGRESSIONAL RECORD—SENATE March 27, 2000 better because I feel a large part of the peace to make sure Medicare, a very impor- [From the Washington Post, March 26, 2000] we have had in the last 50 years was what we tant program that has done a great FEDERAL TAX LEVEL FALLS FOR MOST; brought about. If we hadn’t forced the sur- deal to help the American senior popu- STUDIES SHOW BURDEN NOW LESS THAN 10% render, there would have had to be a land in- (By Glenn Kessler) vasion of Japan and the estimates are that a lation, that has allowed them to live For all but the wealthiest Americans, the million Americans and as many Japanese longer and live more productive lives— federal income tax burden has shrunk to the would have died in it. we have to make sure that as a compo- nent of that there are some benefits for lowest level in four decades, according to a Which is absolutely correct. The fact series of studies by liberal and conservative is, Mr. President, that Tom Ferebee prescription drugs. tax experts, the Clinton administration and and his comrades deserve better than We have to make sure the debt is two arms of the Republican-controlled Con- to be symbols of phony guilt resulting paid down. During the Bush-Reagan gress. from an absolute necessity of war. Tom years, we accumulated a huge debt of Each of the studies slices the data in dif- Ferebee knew—as we do—that he did ferent ways, but the bottom line is the same: some $5 trillion. It is time we started Most Americans this year will have to fork the right thing by carrying out his paying down that debt. We are not over less than 10 percent of their income to mission. going to have the rosy economic sce- the federal government when they file fed- Mr. President, I yield the floor. nario we now have forever. We are in eral income . The PRESIDING OFFICER. The Sen- the longest economic growth period in The Congressional Budget Office estimates ator from Nevada. the history of this country. We are now the middle fifth of American families, with an average income of $39,100, paid 5.4 percent f in the 108th or 109th month, but that in income tax in 1999, compared with 8.3 per- does not mean it will go on forever. It THE BUDGET cent in 1981. The Treasury Department esti- will not. I hope when the economic mates a four-person family, with the median Mr. REID. Mr. President, last year downturn comes, we will have paid income of $54,900, paid 7.46 percent of that in we spent a great deal of time talking down that debt and not have voted for income tax, the lowest since 1965. And the about whether or not we should have irresponsible tax cuts. conservative Tax Foundation figures that an $800 billion tax cut. We spent an in- the median two-earner family, making It is interesting that the dema- ordinate amount of time working on $68,605, paid 8.8 percent in 1998, about the goguery and rhetoric has not stopped. same as 1955. that. The minority, the Democrats, It is at full blast—again, talking about Federal income taxes are so low for so thought we should not do that, that it tax cuts. Governor George W. Bush has many Americans that it is little wonder was too much; that instead of having many voters place tax cuts near the bottom recently proposed tax cuts which would this large tax cut, we should have some of their priorities in many opinion polls. targeted tax cut, much, much, much add up to $1 trillion over 10 years. ‘‘It’s a shocker,’’ said Bill Ahern, spokes- smaller. This debate went on for House Majority Whip DELAY from man of the Tax Foundation, of the group’s months. The sad part about it is, when Texas—Congressman DELAY—last calculation that families paid just 8.8 per- week, when asked about this, said let’s cent of their income in federal tax. Low fed- we came to the appropriations bills, eral taxes make it harder to make a case for the 13 appropriations bills, suddenly do that and even more. He wants even larger tax cuts than George W. Bush tax cuts, he added. ‘‘With the lower- to mid- there was no money. Even though dle-income taxpayers paying so little . . . there had been $800 billion set aside, has called for. I think there could be no there won’t be pressure’’ for change. supposedly for tax cuts, there was no better example of ignoring the wishes George Velasquez agrees. ‘‘I don’t have any money to take care of the expenses of the American people and ignoring complaints on the federal side,’’ said the 29- that were necessary in the funding of what the economy needs. year-old network engineer as he left an H&R this country. Block office in Falls Church last week. As justification for this $1 trillion Velasquez, who says he makes about $50,000, Day after day we were talked to— worth of tax cuts over programs such said he got hit with unexpected state taxes some say talked down to—by our as saving Social Security, doing some- when he moved recently, but thinks his fed- friends on the other side of the aisle, thing about education, Medicare, and eral taxes are fair. that the economy would come to a of course doing something about the The low effective rates are the result of grinding halt if we did not pass this national debt, the Governor and others years of tinkering with the tax code by Con- gress and various administrations—rates $800 billion tax bill. Of course, that has in the majority continually point to not happened. Not only did the minor- were cut in the 1980s, millions of Americans the overwhelming tax burden on the were removed from the tax rolls in 1990s by ity not buy the plan of the majority, American people. I imagine there were an expansion of a for the working but the American people did not buy a few people around America this past poor, and a bevy of tax credits for children the plan. In any poll taken, the Amer- Sunday wondering why have we been and education was added in 1997. More than ican people decided there were more talking about that after reading news- one-third of eligible taxpayers pay no in- important priorities. papers all over America. come taxes, according to the congressional What were those priorities? Joint Committee on Taxation. Education—when you have 3,000 chil- A column in the Washington Post These effective tax rates don’t include pay- dren dropping out of high school every from the front page reads: ‘‘Federal roll taxes to fund Social Security and Medi- care, which have risen since the 1970s, now day, you would think that would be a Tax Level Falls for Most; Studies Show Burden Now Less Than 10%.’’ taking on average about 9 percent of income, priority. the CBO says. Most Americans, however, Social Security is a priority. We have This was not a partisan poll put out now receive far more in benefits after retire- to make sure in the outyears Social Se- by the Democrats or some liberal think ment than they paid while working. Federal curity is as good to people as it is tank. This information is from a series excise taxes for such items as alcohol, gaso- today. Social Security is going to be of studies by liberal and conservative line and cigarettes—on average 1 percent of doing just fine until the year 2035, income—also aren’t included; neither are tax experts. It shows that taxes are at state and local taxes. maybe 2036. But after that period of their lowest point in more than 40 But federal income taxes are a key point of time, people will only be able to draw years; Federal income taxes are at contention between Texas Gov. George W. 75 percent or 80 percent of their bene- their lowest point in more than 40 Bush and Vice President Gore in the presi- fits. We need to make sure after that years. dential race. Bush has proposed a tax cut es- time they can draw all their benefits. timated to cost from $1.1 trillion to $1.7 tril- We have to make sure Medicare is I ask unanimous consent the article lion over 10 years as the centerpiece of his taken care of, that we do something on that appeared in the Washington Post economic plan, much of it aimed at cutting this program that has been in existence and other newspapers around the coun- tax rates for all taxpayers. try be printed in the RECORD. Gore has countered with what is now $350 for 35 years to take care of people who billion in tax cuts targeted at middle-income need prescription drugs; that is, all There being no objection, the article Americans. The size of Gore’s package has seniors. The average senior over age 65 was ordered to be printed in the grown in recent months as the vice president fills 18 prescriptions a year. So we have RECORD, as follows: has added tax breaks aimed at what a

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3589 spokesman describes as other burdens, such ‘‘That’s a point worth talking about,’’ According to the Washington Post as the rising cost of college. Cogan said. The burden of paying taxes has and other newspapers around America, Neither man has suggested changing pay- mostly shifted to high-income Americans even conservative think tanks see the roll taxes or significantly altering excise while taxes have decreased for others, he writing on the wall. A spokesperson for taxes. Bush has called for repealing 23 per- said. cent—4.3 cents—of the 18.4 cent federal gas The CBO estimates the wealthiest 20 per- the Conservative Tax Foundation said: tax. cent of families (with average income of It’s a shocker. ‘‘I look at the data all the time,’’ said $132,000) paid 16.1 percent of their income in That was referring to the 8.8-percent Bruce Bartlett, senior policy analyst at the federal taxes in 1999—about the same as the income tax level. Dallas-based National Center for Policy late 1970s, before the Reagan tax cuts took Low Federal taxes make it harder to make Analysis, a conservative group. ‘‘Taxes are effect. The top 1 percent (with average in- a case for tax cuts. With the lower- to mid- never showing up as a major factor. As far as come of $719,000) paid more, 22.2 percent—but dle-income tax payers paying so little there people wanting a big Reaganesque tax cut, I still far from the 39.5 percent top rate. just don’t see it. People are satisfied with Sen. William V. Roth Jr. (R-Del.), chair- won’t be pressure [for change]. their economic situation.’’ man of the Senate Finance Committee, ac- Bruce Bartlett, senior policy analyst In the latest Battleground 2000 poll, con- knowledged that federal taxes have declined at the Dallas-based National Center for ducted March 10–13 by the Tarrance Group for many working Americans. ‘‘We made Policy Analysis, another conservative and Lake, Snell Perry & Associates, only 6 some progress because of the Republican group: percent of respondents listed reducing taxes Congress,’’ he said, ‘‘and we are very proud of Taxes are never showing up as a major fac- as a very important issue—behind restoring that fact.’’ But he said taxes are still too tor. As far as people wanting a big moral values, improving education, high, citing the ratio of tax revenue to the Reaganesque tax cut, I just don’t see it. Peo- strengthening Social Security and improving gross domestic product. health care. In many of Bush’s speeches, he expresses ple are satisfied with their economic situa- Celinda Lake, a Democratic pollster, con- concern for the tax burden of ordinary Amer- tion. ducted a series of focus groups earlier this icans, such as a waitress trying to raise two It is time we start addressing the year that in part looked at attitudes toward children on $22,000 a year, as their incomes real problems facing this country. taxes. She said that in contrast to previous increase. Larry Lindsey, Bush’s chief eco- Sure, we would all like less taxes, but years, ‘‘there was a lot less energy’’ to the nomic adviser, agrees that tax credits and let’s look where the taxes are coming tax issue, in part because people are cynical the like have reduced effective tax rates. But from. They are coming from State and about whether they will personally ever get Lindsey said there is ‘‘an egregious problem’’ much from a tax cut. of higher marginal rates—how much of addi- local government, not from the Federal People appear more interested in govern- tional income goes to taxes—as the credits Government. Take a look at payroll ment benefits that would put money in their begin to phase out. taxes, but get off the income tax kick. pocket—such as for prescription drugs or col- Bush’s World Wide Web site The taxes are the lowest they have lege loans. Interestingly, Lake said, blue-col- (www.georgewbush.com) includes a ‘‘Bush been in some 40 to 50 years, according lar workers were more interested in tax Tax Calculator,’’ which also demonstrates to your tax category. Even a Bush ad- breaks than more affluent, college-educated how low taxes are for most Americans. A viser acknowledges that taxes have de- workers who pay the bulk of taxes. family of four making $56,000 pays 8.3 per- clined for many low- and middle-in- There now are five tax brackets that range cent of its income in federal tax, according from 15 percent to 39.6 percent, depending on to the Bush online site, which Cogan said is come Americans. I don’t know if this income level. But deductions, exemptions based on the tax code. adviser for Governor Bush will con- and tax credits help to dramatically reduce The online site’s calculator also says a sin- tinue working for him. the effective rate for many taxpayers. Bush gle parent with two children making $22,000 The problem, which is what we have has proposed replacing the current brackets a year pays $110 in federal income taxes, or been saying, as quoted in the article: with four ranging from 10 percent to 33 per- 0.05 percent of her wages. But the Bush cal- Federal income taxes are so low for so cent because, as he put it earlier this month, culator doesn’t include the impact of the many Americans that it is little wonder ‘‘after eight years of Clinton-Gore, we have earned-income tax credit, which results in a many voters place taxes near the bottom of the highest tax burden since World War II.’’ rebate of $1,700 for this wage-earner. A single their priorities in many opinion polls. Bush acknowledged that polls show little parent with two children actually doesn’t support for tax cuts, but said: ‘‘I’m not pro- owe federal tax until her income reaches Why are our friends on the other side posing tax relief because it’s the popular nearly $27,000. of the aisle not listening to the Amer- thing to do; I’m proposing it because it’s the Bush’s plan would take many Americans ican people? The public continues to right thing to do.’’ who already pay relatively low taxes off the demand first things first. What are Bush’s assertion that the tax burden is so tax rolls. But because Bush has focused on they? Save Social Security, especially high is based on dividing tax revenue into cutting tax rates, the largest share of the tax when we have the budget surpluses the nation’s gross domestic product. Accord- savings would go to Americans who pay most ing to the Clinton administration’s latest of the taxes. which allow extending Social Secu- budget, anticipated federal tax revenue from The institute on Taxation and Economic rity’s long-term solvency. The fact both corporate and personal taxes will rep- Policy estimated that the wealthiest 10 per- can’t be ignored. We must do some- resent 20.4 percent of gross domestic product cent of taxpayers would receive more than 60 thing about Social Security in the out- this year, which is the highest since 1945. percent of the tax cuts in the Bush plan. years. Republicans basically want to The booming economy has added millions Someone making $31,100 would receive a tax ignore Social Security, ignore the debt of jobs to the work force, boosting tax rev- cut of $501, about 1.6 percent of income, of $5 trillion, and squander this surplus enue, and many economists also attribute while a taxpayer making $915,000 would re- the surge in tax revenue in part to increased ceive a tax cut of $50,166—5.5 percent of in- with rhetoric which champions more capital gains revenue from the booming come. than $1 trillion worth of tax cuts. stock market. The Bush online calculator doesn’t cal- Remember, we have the lowest taxes But the gross domestic product, the broad- culate taxes—or tax cuts—for people making in some 40 to 50 years, according to est measure of the economy, does not include more than $100,000. your tax category, yet most of the capital gains income, thus overstating the Mr. REID. I draw my colleagues’ at- rhetoric on that side of the aisle has impact of increased capital-gains revenue. tention to this front-page story and a been: Lower Federal income taxes. And taxpayers making more than $200,000 As I said on numerous occasions, pay more than three-quarters of all capital few of the statistics the article dis- gains taxes, according to calculations by the cusses. paying down the debt is a tax cut for Institute on Taxation and Economic Policy, The middle fifth of American fami- everyone. If we cut down the $5 trillion which uses a computer model to calculate lies with average incomes of $39,100 debt, which means we pay less interest the impact of tax policy for Citizens for Tax paid 5.4 percent in income tax in 1999, every year as the Federal Govern- Justice, a progressive organization. down from 8.3 percent in 1981. Families ment’s biggest obligation, other than John Cogan, senior fellow at the Hoover with an income of $54,900 paid 7.46 per- military, we would save billions and Institution and a Bush economic adviser, cent in income tax, the lowest level billions of dollars every month. It said the ratio of taxes to the nation’s goods and services is an accurate way to measure since 1965. Even the median two-earner seems to me that is where we should the nation’s tax burden. But he acknowl- families making $68,605 a year were at put our priorities. Paying down the edged that taxes have declined for many low- 8.8 percent, paying their lowest level of debt is a tax cut for everyone. Interest and middle-income Americans. income tax in 50 years. saved from paying down the debt could

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be credited to the Social Security and in New York City with Senator CHUCK I will take a moment to describe part Medicare trust funds, which would ex- SCHUMER holding a hearing on the issue of the pricing problem with prescrip- tend their solvency and give us flexi- of prescription drugs and Medicare. I tion drugs. The U.S. consumer pays the bility to target tax cuts. In other have held similar hearings in Chicago, highest price for prescription drugs of words, let’s do tax cuts we can afford. in Minneapolis, and various places anyone else in the world. Certainly, there are some tax cuts around the country as the chairman of I ask unanimous consent to show a that are necessary. We can increase the the Democratic Policy Committee. We couple of pill bottles on the floor of the for both single and have had virtually identical testimony Senate. married filers. We can provide tax re- no matter what part of the country we The PRESIDING OFFICER. Without lief to married couples who suffer as a were in. Senior citizens say drug prices objection, it is so ordered. result of their having been married. We are very high. When they reach their Mr. DORGAN. Mr. President, these can offer a long-term tax credit, pro- senior years, living on fixed incomes, are two pill bottles. They are a dif- viding a deduction for long-term-care they are not able to access prescription ferent shape, but they contain the insurance premiums. In America today, drugs that they need. same pill made in the same factory, people are living longer, more produc- In Dickinson, ND, a doctor told me of made by the same company. tive lives. As a result, there are a lot of a patient of his who had breast cancer. This happens to be a pill most of us people going to extended-care facili- He told the woman after her surgery will recognize. It is called Claritin. It ties. It has become a tremendous bur- that she was going to have to take is commonly used for allergies. This den for people placed in these institu- some prescription drugs in order to re- bottle of 100 tablets, 10 milligrams tions. We need to provide some tax duce the chances of the recurrence of each, is sold in the United States for credits for people who buy insurance breast cancer. When she found out $218. That is the price to the customer for their golden years. This tax cut what the cost of the prescription was, in the United States. This pill bottle is makes it easier not only for the people she said: I can’t afford to take these sold in Canada. It is the same pill made who buy the insurance but for families drugs. by the same company, in the same The doctor said: Taking them will re- who care for their elderly family mem- number of tablets and the same duce the risk of recurrence of breast bers. strength, but this bottle costs only $61. cancer. We need to increase deductions to The same bottle of pills is $218 to the The woman said: I will just have to U.S. consumer; to the Canadian con- make health insurance more affordable take my chances. sumer, $61. By the way, the Canadian and accessible, especially for self-em- Why did she say that? Because there price has been converted into U.S. dol- ployed Americans. We need to increase is no coverage in the Medicare program the maximum amount of child care ex- for prescription drugs and because lars. One must ask the question: Do you penses eligible for tax credit. These are many of these prescription drugs cost a think the pharmaceutical manufactur- targeted, reasonable tax cuts that significant amount of money. Senior would more evenly distribute the load. citizens in this country are 12 percent ers are losing money in Canada selling I think it is remarkable we can pick of America’s population, but they con- it for $61? I guarantee you they would up the paper Sunday and get the good sume 33 percent of the prescription not sell it there if they were losing news. The good news is, Federal income drugs in our country. money, but they charge 358 percent taxes are the lowest they have been in Last year, spending on prescription more to the U.S. consumer. I will dem- America for 40 to 50 years. I think that drugs in the United States increased 16 onstrate another drug. says a lot for the 1993 Budget Deficit percent in 1 year. Part of this increase These two bottles contain Cipro. It is Reduction Act that passed without a is the increase in drug prices and part a common medicine to treat infection. single Republican vote; we passed it. is greater utilization of prescription This time, the drug is actually pack- The Vice President came to the Senate drugs. aged in the same type of bottle, with and broke the tie. As a result of that, What does that mean? It means that the same marking, same coloring, and America has been put on a long-term everyone has a rough time paying for containing the same pills made by the economic upturn. Not only has there prescription drugs, especially senior same company. Incidentally, both were been great economic news in that the citizens who live on fixed incomes. from facilities inspected by the FDA in economy is doing well for a record Many of us believe that were we to cre- the United States. Cipro, purchased in amount of time but, in addition to ate a Medicare program today in the the United States, 500 milligram tab- that, taxes are lower than they have Congress, there is no question we lets, 100 tablets, costs $399. If one buys been in 40 to 50 years. would have a prescription drug benefit the pills in the same bottle in Canada, The PRESIDING OFFICER. The Sen- in that program. it is $171. The U.S. consumer is charged ator from North Dakota. Most of these lifesaving prescriptions 233 percent more. Mr. DORGAN. Mr. President, I under- were not available in the sixties when We need to do something about two stand we have 45 minutes in morning Medicare was created. But a lifesaving issues: One, we need to put some down- business set aside. prescription drug can only save a life if ward pressure on pharmaceutical drug The PRESIDING OFFICER. That is those who need it can afford to access prices and to ask the legitimate ques- correct. it. That is the point. That is why many tion: Why should the American con- Mr. DORGAN. Mr. President, if I of us want to include in the Medicare sumer pay higher prescription drug could be notified after 12 minutes. program a benefit for prescription prices than anyone else in the world? Is f drugs. We do not want to break the that fair? The answer, of course, is no. bank. We want to do it in a thoughtful What does it mean to those who can NEED FOR ACTION ON PRESSING way. We would have a copayment. We least afford it? It means lifesaving HEALTH ISSUES would have it developed in a manner medicine is often not available to those Mr. DORGAN. Mr. President, I want that allows senior citizens to choose to who cannot afford access to it. I can to talk about two issues we must ad- access it or not. They could either par- tell my colleagues story after story of dress in this Congress before the end of ticipate in this Medicare prescription folks who came to hearings I held in the year, both dealing with health drug program or they could decide not Chicago, New York, and all around the care. I will describe very briefly why to do it. country describing their dilemma. these are important and why many In any event, we ought to do some- There were people who had double lung have been pushing for some long while thing on this subject. Those of us who transplants, heart transplants and can- to try to get the Senate to act on this have come to the floor over and over cers, talking about $2,000 a month in issue. again saying this is a priority believe prescription drug costs. First is prescription drugs and Medi- with all our hearts this is something This is serious, and this is trouble for care. On Friday of the past week, I was we should do for our country. a lot of folks. We need to do something

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3591 about putting downward pressure on the Patients’ Bill of Rights in the A woman fell off a cliff in , prescription drug prices. House of Representatives. Dr. GANSKE dropped 40 feet and was rendered un- I have a solution for that, and that is is also someone who has done a sub- conscious. She went into a coma and to allow US pharmacists and distribu- stantial amount of reconstructive sur- was brought into an emergency room tors access to the same drugs in Can- gery. and treated for bones and a con- ada and to bring it down and pass the He used this photograph, which is cussion. They wheeled her into the savings along to the US consumers. We quite a dramatic photograph showing a emergency room on a gurney, while un- have to pass a law to do that. We are baby born with a very serious defect, a conscious, yet the HMO later, after she having a little trouble passing that cleft lip shown in this picture. Dr. survived, said: We will not pay for your bill. GANSKE was a reconstructive surgeon emergency room treatment because Second, we need to add a prescription before he came to Congress. He said he you did not have prior approval. drug benefit to the Medicare program. routinely saw HMOs turn down treat- This is a woman, unconscious, in a I will now turn to the Patients’ Bill ment for children with this kind of de- coma, wheeled into an emergency of Rights, which is the second piece of fect because they said it was not medi- room, but she did not get prior ap- legislation we ought to get done. The cally necessary. proval. That is the sort of thing that Senate has passed a bill, some call it I thought when I heard Dr. GANSKE goes on too often in this country in the ‘‘Patients’ Bill of Goods’’ because make that presentation the first time: health care. It ought to be stopped. It it did not do much and it covered few How can anyone say correcting this is can be stopped if we pass a Patients’ people. The House passed a bipartisan not medically necessary? Bill of Rights. Not if we pass a pa- bill, the Dingell-Norwood bill. Demo- Then Dr. GANSKE used a picture tients’ bill of goods that someone tries crats and Republicans joined to pass which showed what a correction looks to misname to tell their constituents this bill. It is a good bill. like when reconstructive surgery is they have done something when, in done. Isn’t it wonderful what can hap- The Senate and House bills are in fact, they stood up with the insurance pen with good medicine? But it can conference. The House appointed con- companies, rather than with patients. only happen if that child has access to ferees who voted against the House bill We need a Patients’ Bill of Rights that that reconstructive surgery. because the House leadership does not really digs in on these issues: What is support the bipartisan bill that passed Is it a medical necessity? Is it fair for us to discuss and debate the Repub- a medical necessity? Do patients have the House. We have a paradox of con- lican policy? The answer is clearly yes. a right to know all of their options for ferees from the House who, by and Let me also mention a case I have treatment, not just the cheapest? Do large, do not support the House bill, discussed before on the floor of the they have those rights? which is the only good bill called the Senate, young Jimmy Adams. Jimmy The piece of legislation that was Patients’ Bill of Rights. is now 5. When he was 6 months old, he passed in the House gives patients I will describe a couple of the ele- developed a 105-degree fever. When his those rights. The piece of legislation ments of the Patients’ Bill of Rights, mother called the family’s HMO, they the majority passed in the Senate does which are so important. were told they should bring James to not. We are going to continue to fight First is the situation with Ethan an HMO-participating hospital 42 miles to try to get something out of this con- Bedrick. One might say: You have done away, even though there were emer- ference committee that medical pa- that before; that is unfair. It is not un- gency rooms much closer. tients in this country, that the Amer- fair. Health care denied to individuals On that long trip to the hospital, this ican people can believe will give them is a very personal issue. When we have young boy suffered cardiac and res- some basic protection, some basic a framework for health care delivery in piratory arrest and lost consciousness. rights, so that the kinds of cir- this country that denies basic health Upon arrival, the doctors were able to cumstances I have described will not care services under certain HMOs and revive him, but the circulation in his continue to exist in this country. certain policies to people who need it, hands and feet had been cut off. As you Health care ought not be a function it is perfectly fair to talk to people in can see, he lost his hands and feet. of someone’s profit and loss statement. the Senate about the need to change Why didn’t they stop at the first People who need lifesaving treatment public policy. emergency room or the second emer- ought to be able to get it. The ability This is little Ethan Bedrick from Ra- gency room that was closer? Because to access an emergency room during an leigh, NC. When he was born, his deliv- the HMO said: We will only reimburse emergency ought not be something ery was very complicated. It resulted you if you stop at the emergency room that is debatable between a patient and in severe cerebral palsy and impaired we sanction. So 42 miles later, this an HMO. the motor functions in his limbs. As young boy had these very serious prob- Those are the issues we need to deal you can see, he has bright eyes and a lems and lost his hands and feet. with in the coming couple of months— wonderful smile. When he was 14 What are we to make of all this? We both of them health care issues, both of months old, his insurance company have very significant differences in the them important to the American peo- curtailed his physical therapy. Why? Patients’ Bill of Rights between the ple. I hope that as this debate unfolds, Because they said he only had a 50-per- House and the Senate. The differences we will have some bipartisan help in cent chance of walking by age 5. A 50- in the bill of rights in the House and trying to address prescription drugs in percent chance of walking by age 5 is the Senate are the differences dealing Medicare, No. 1, and, No. 2, passing a not enough, they said. This is a matter with medical necessity. As used in real Patients’ Bill of Rights, to give of dollars and cents, so Ethan shall not HMO contracts: real help to the American people. get his physical therapy. Medical necessity means the shortest, Mr. President, I yield the floor. Is it fair to raise these questions? Of least expensive or least intense level of The PRESIDING OFFICER. The Sen- course it is. Should someone like treatment, care or service rendered or pro- ator from South Dakota. Ethan with a 50-percent chance of vided, as determined by us. Mr. JOHNSON. Mr. President, I ask walking by age 5 have an opportunity The fact is, health care ought not be unanimous consent I be able to proceed for the physical therapy he needs? You a function of someone’s bottom line. in morning business for a period of 12 bet. Should we have a Patients’ Bill of Young Ethan, young Jimmy, or the minutes. Rights that will guarantee him that young person born with a severe birth The PRESIDING OFFICER. Without access under an HMO contract? You defect, like the cleft palate defect of objection, it is so ordered. bet. the type I described, ought not be a f We have in the House of Representa- function of some insurance company’s tives Dr. GREG GANSKE, a Republican, evaluation of whether their profit or BUDGET PRIORITIES and very courageous fellow, I might loss margin will suffer by providing Mr. JOHNSON. Mr. President, this add. He is one of the key sponsors of treatment to these patients. week the Senate Budget Committee is

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 3592 CONGRESSIONAL RECORD—SENATE March 27, 2000 about to proceed with a markup of the account for the lowest percentage of have crumbling schools all across the budget resolution, an effort that is the U.S. population since 1967, the country. We have schools that have a overdue. Nonetheless, it will be taken height of the Vietnam war. greater need for better technology. We up this week. I think we should exam- In 1999, Federal spending was the have teacher pay problems. We have ine the context in which the budget smallest share of our gross domestic problems all the way from Early Head resolution will be considered in the product since 1966. Lower- and middle- Start through our graduate programs Senate. income Americans had the smallest tax and research programs, including our There was some awfully good news burden in 40 years, as noted by the technical and vocational programs. for American families this weekend. It study that came out this weekend. And Let’s put some dollars there as well. was announced this weekend that the we are now paying down debt. That will create a foundation for con- Federal income tax burden for Amer- By the end of fiscal year 2000, the tinued economic growth and pros- ican families has shrunk to the lowest Treasury expects to have reduced our perity, if we continue to invest in the level in 40 years. Who says this? Stud- debt held by the public by about $300 minds of American citizens. ies by both liberal and conservative tax billion—that is ‘‘billion’’ with a ‘‘B’’— We are in a global economy today. experts, the administration, and two from where it was only 3 years ago. The world is full of people who work as arms of the Republican-controlled Con- Now we have this great national de- hard as any American for a dollar a gress confirmed that the Federal in- bate. The experts in both the House day. The question is, Do American come tax burden for families in Amer- and the Senate are projecting about a workers bring to the table more than ica is lower than it has been for 40 $3 trillion surplus over the coming 10 just a willingness to work hard but years. years, thanks, in very large part, to the also bring with them the technical The middle fifth of American fami- decision made in 1993 to set that frame- skills and intellectual abilities to do lies, with an average income of $39,100, work for prosperity and growth. We are things other people in the world cannot paid 5.4 percent in income tax last year talking about a $3 trillion surplus. And do? That is where we need this grow- compared to 8.3 percent in 1981. $2 trillion of that is attributable to So- ing, developing, and constructive part- A four-person family, with a median cial Security. To the good credit of the nership between the Federal, State, income of $54,900, paid 7.46 percent of President of the United States, he said: and local government, public and pri- their income in income tax—the lowest Save Social Security first. Our Repub- vate, whereby we empower more Amer- lican friends have concurred. That is since 1965. And a median two-earner ican citizens to take care of their own off the table. family, making $68,605, paid 8.8 percent needs, to grow the economy, and to The next question is, then: What do in 1988, which is about the same as in you do about the remaining $1 trillion make sure America remains the fore- 1955. over the coming 10 years? The first most economic power in the world bar In fact, one-third of American fami- thing is to be very cautious. Indeed, we none. lies no longer pay income tax. Yes, in the context of how to use this have a hard time projecting 1 year in That is the context in which we need $1 trillion, let’s try to find some room advance, much less 10 years in advance, to take up what we are going to do as for tax relief, too, but let’s target it to what is going to happen to our econ- a people relative to our newfound eco- middle-class and working families, omy. nomic prosperity that is being pro- We cannot get too giddy about how families who have the most difficult jected by so many. to spend or give back or do whatever time meeting their bills. When you We need to remember, too, how we with $1 trillion that may or may not look at George W. Bush’s proposal, it is arrived at this point. materialize. But that is the debate that blown on a tax cut, with nothing for In 1993, when President Clinton took is going on today. It is going on be- the schools, nothing to invest, nothing office, he inherited a budget with a tween the two Presidential candidates. to reduce the deficit, nothing to pro- record deficit of $290 billion per year. It has been going on between the par- tect Medicare, at least not to the de- In 1993, we passed the Budget Act with- ties. The American public themselves gree that it needs to be done. Then out a single Republican vote—none in are trying to digest what kind of vision look and see who are the winners and the House; none in the Senate. In fact, we have for America in the first 10 losers on this. Vice President AL GORE cast the decid- years of this century, the first 10 years The typical middle-class family gets ing vote on this floor in the Senate and of this millennium. about a $500 tax cut; a-million-dollar-a- created a framework for a remarkable George W. Bush has said he knows year income gets about a $50,000 tax turnaround. what to do with the $1 trillion dollars: cut. That is not fair, not when we are From almost 30 years of continuing essentially give it all back in a tax cut, being told we don’t have the money to hemorrhaging red ink and growing commit to that now. If $1 trillion build new schools. We can’t pass a bond deficits, we then had 7 years in a row of doesn’t actually show up, too bad, be- issue in most of the counties in my declining deficits—in fact, the last 3 in cause Social Security, Medicare, and State of South Dakota. Real estate surplus, even over and above that re- virtually everything else we do will be taxes are through the roof. Our ag quired for Social Security. in jeopardy. economy is not doing well. We are won- For fiscal year 2000, we are looking at There are others, including myself, dering how to replace all those 1910, a $26 billion surplus over and above So- who say, first, be prudent about wheth- 1920 vintage schools across my State. cial Security. In the meantime, that er this trillion is going to materialize. We are looking at still a great many set the framework for 107 consecutive To the degree that it does, let us look children who would benefit from Early months of economic growth. There at making sure that we protect the Head Start programs, Head Start pro- have been 20.4 million new jobs since long-term viability of Medicare, which grams. We are looking at the need for 1993. Home ownership is up a record 67 is in shaky financial condition. Most better law enforcement. We are looking percent. Real wages have increased concur. Secondly, let us put some addi- at the need for investing in our infra- since the beginning of the Clinton ad- tional dollars towards paying down the structure, including our rural water. ministration by 6.6 percent, reversing a debt. That will keep the interest rates We are looking at all the things we two-decade-long trend of declining real down. It will continue to foster eco- need to do to prepare ourselves for the wages. nomic growth and prosperity. It will increasingly challenging economy of From 1993 to 1998, the number of poor make the ability to buy a car, a house, this coming century, the coming mil- people in America declined by 4.8 mil- to create new jobs, to run a farm or lennium. lion and the number of poor children ranch all cost less. It will do more than That is where the American public is went down by 2.1 million. In these past many other things the Federal Govern- in concurrence with those of us who 7 years, 7.2 million have left the wel- ment could do. say, first be prudent about that $1 tril- fare rolls—a 51-percent decline in the Third, let’s make sure we do make lion, making sure that we stay in the welfare rolls. Welfare recipients now key investments in our schools. We black, that we don’t go back into the

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3593 bad red-ink days of the Reagan-Bush the end, as may wind up being the case, failure to develop a coherent plan for years and the years before that which whether we come out in a way that is, reducing our reliance on foreign oil and were bipartisan; both parties were in in fact, balanced, which does, in fact, for increasing our nation’s energy secu- the red prior to 1993, for over 30 years. use the resources necessary. rity. I outlined my disgust for how this We don’t want to go back to those It is a once-in-a-lifetime opportunity. administration has ignored our nuclear days. Two generations have gone by waiting waste storage crisis, moved to breach To the degree we have these dollars for this opportunity to have our Fed- hydropower dams in the northwest, to utilize, let’s make sure we cover an eral Government in the black and to forced regulation upon regulation on array of needs we have: Paying down make some policy decisions about how other energy production technologies, further debt; protecting Medicare; in- we can partner together to continue and displayed a complete disregard for vesting in our schools, education, mak- opportunity and prosperity for all of the men and women who find and ing us a more competitive society; our citizens and not just a few. How produce domestic supplies of oil and doing some things for our families; tragic it would be if we were to lose natural gas. and, yes, some tax relief as well. But this opportunity, if we would say, no, In fact, this administration has vir- let’s do it that package rather there is no role for the Federal Govern- tually ensured that the oil price crisis than some sort of radical libertarian ment to improve Medicare, to keep our we’re now facing will pale in compari- vision of America where the role of the rural hospitals open with a decent level son to the electricity price and supply Federal Government is to guard the of reimbursement, to rebuild our problems that are just around the cor- border and deliver the mail. Many of schools, to do the things that need to ner for our nation’s electricity con- our friends seem to think we shouldn’t be done while at the same time pro- sumers. I know both the energy pro- be delivering the mail anymore either. viding some tax relief and paying down ducers and consumers of are I think most Americans have a more debt. What a loss that would be if we astutely aware of the generation and moderate, mainstream view. The were to miss that opportunity. transmission problems that will grip American people are not ideologues. There is no more fundamental deci- our state in the not-too-distant future. They are not far to the left. They are sion to be made in this the 2nd session Those problems are not confined to not far to the right. They don’t want of the 106th Congress than these budget Minnesota. Many States in the upper the Government to do everything, and issues that are before us this week. We Midwest face generation and trans- they don’t want a situation where the can be proud and we can take some sat- mission shortages, as do States across Government does nothing. They are isfaction in the fact that taxes for mid- the country. Those problems are rooted commonsense about their vision of dle-class families are now the lowest in in the failure of this administration to where we need to be. I think we should 40 years, that we have had 3 years in a comprehend the generation needs of a use caution in taking public opinion row of budget surpluses over and above growing economy and the transmission polls too seriously around this place. that required for Social Security, and requirements of that growing demand. Time after time, poll after poll taken that our economy has had 8 years in a While I strongly believe that, in the reveals the American public is on the row of continuous GDP growth. But absence of a coherent administration side of this more balanced, thoughtful, there is no automatic on which to energy policy, Congress needs to step deliberative approach to how we are put our economy. It requires difficult in and forge its own path for meeting going to position ourselves to be in a decisions to be made each and every the long-term energy needs of our situation of strength in the years to year by the Congress to set the stage economy, I’ve come to the floor today come. A lot of people’s eyes glass over for continued prosperity. to talk about the need for some short- when we talk about budget issues, dol- That is the challenge before us. I am term measures to address high oil lars and cents, talking about trillions hopeful that before we adjourn at the prices. of dollars. It is almost unfathomable. end of this year, we will be able to look In Minnesota, farmers are preparing Yet at the heart of it all, where our back at this 2nd session of the 106th to enter the fields for spring planting. real values and priorities lie is deter- Congress as truly a watershed time, a They’re trying to budget for the year mined by those dollars-and-cents deci- fork in the road where we chose the and put in place a business plan that sions we make in this body and on right road to go down in terms of will put food on the table and put their which we are about to begin this week. strengthening our society and creating children through school. As everyone The rhetoric is never lacking. The a framework for continued growth and knows, doing these most basic things is rhetoric is always in favor of almost prosperity. no easy task when commodity prices everything. But when it comes time to I yield the floor. are low, the weather is uncooperative, see whether we are going to protect the The PRESIDING OFFICER. The Sen- and government regulations eat away environment, whether we are going to ator from Minnesota. at the ability to show a profit. This help our kids, whether we are going to Mr. GRAMS. Mr. President, I under- year, however, farmers have a new rebuild schools, strengthen Medicare, stand there has been time set aside this worry that threatens to make matters whether we are going to do something morning? even worse—the growing price of diesel about prescription drugs and health The PRESIDING OFFICER. Under fuel and gasoline. Farming is an ex- care, as Senator DORGAN from North the previous order, the Senator from tremely energy intensive industry. Ev- Dakota has noted, whether we are Wyoming or his designee shall be in erything farmers do require energy; going to do these kinds of things is, in control of the next 45 minutes which from plowing the field to milking the large measure, dictated by the dollar- has now begun. cows, energy is an essential part of a and-cents decisions we make on this f farm’s bottom line. floor. Likewise, truckers throughout Amer- This is going to be a very crucial ENERGY ica are essential to delivering the prod- week. We will be establishing a budget Mr. GRAMS. Mr. President, I rise to ucts we use in our everyday lives to resolution. I am fearful from what I see discuss our long-term energy needs and markets across the country. Without headed our way that there is a likeli- the energy problems we are currently truckers, we wouldn’t have access to hood that it will be another partisan facing in this country and to express most of the things we all take for political exercise at a time when the my dismay with the Clinton adminis- granted on a daily basis. Even the American public is rightfully frus- tration last week because of the ne- internet becomes virtually worthless trated by the lack of ability of the two glect of the long-term energy needs of to consumers if truckers can’t deliver parties to work together as well as our Nation’s economy and its energy to our doorsteps the products we buy. they should. If that is the case, we will consumers. Like farmers, truckers rely heavily see, as we go through the 13 separate I spent a great deal of time outlining upon stable energy costs to make a liv- appropriations bills or omnibus bill in my concern with the administration’s ing and run their businesses. When fuel

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 3594 CONGRESSIONAL RECORD—SENATE March 27, 2000 prices go up, truckers feel the impact and being without a job. I’m convinced citizens and low-income families. Our first. Too often, they have to absorb this action is going to help farmers, constituents were in need, and we re- the increases in fuel prices, but it’s not truckers, businesses, and families in sponded exactly as we should have. long before everything from fruits and Minnesota and that’s why I strongly Right now, even more of our constitu- vegetables to our children’s school sup- support it. ents are in need, and by responding plies begin to rise in price as a result of For those who are concerned that with a reduction in the Federal gaso- climbing fuel costs. We need look no eliminating the 4.3-cent gas tax is line tax, Congress can again act in a further than the surcharges now being going to deplete important highway way that is expected, even demanded, placed on delivery services to see the and infrastructure funding, we’ve in- by our constituents. compounding negative impacts of in- cluded language in this legislation that As I started earlier, the gasoline cri- creased transportation costs. will ensure the Highway Trust Fund is sis requires that Congress act now to Many of us in the Senate have wit- completely protected. The Highway stem rising energy costs in the near nessed the stream of truckers from Trust Fund will be restored with on- term. It also requires that elected offi- across the country who have descended budget surplus funds from the current cials and bureaucrats across Wash- upon Washington, DC, in recent weeks. fiscal year as well as the fiscal year ington take a serious look at the direc- They have come to their Nation’s Cap- 2001. tion in which our Nation is headed itol not because they want government If gas prices reach $2 a gallon, on- with its energy policy. I am prepared to give them something, but because budget surplus funds will allow addi- to take a hard look at any options that they cannot make a living when the tional reductions in the gas tax with- might help my constituents right now, Department of Energy is caught nap- out impacting the Highway Trust Fund and I demand that this administration ping on the job. They expect, demand, in any way. Depending on the size of explore options to ensure that our na- and deserve an Energy Department the on-budget surplus, our legislation tion reduces its reliance on foreign oil that comprehends the importance of could provide a complete reduction of and establishes a much more sound en- energy costs to our economy and has a federal gas taxes until January 1, 2001 ergy policy for decades to come, to long-term plan for meeting the needs if prices rise to, and remain above, the make this country energy independent of energy consumers. $2 mark. Let me make this very clear: and not so dependent on foreign Mr. President, I know I do not have we are not going to raid the Highway sources of energy that when they turn to remind my colleagues of how the ris- Trust Fund with this legislation. In them on or off, it can have dramatic ing cost of oil threatens almost every fact, we’ve ensured that the on-budget impact on our economy. While those aspect of our economy and commu- surplus will absorb all of the costs of solutions will not happen overnight, I nities. Senior citizens on fixed incomes the gas tax reduction. I also want to believe a reduction in the gas tax will cannot absorb wild fluctuations in assure my colleagues and my constitu- help. It is going to help now, and it is their energy costs. Business travelers ents that this legislation walls off the going to help when that help is needed and airlines cannot afford dramatic in- Social Security surplus. We will not the most. creases in airline fuel costs. Families spend any of the Social Security sur- I yield the floor. I suggest the ab- struggling to feed and educate their plus to pay for the gas tax reduction. sence of a quorum. children cannot withstand higher heat- Our legislation is quite simply a tax The PRESIDING OFFICER. The ing bills, increasing gasoline costs, or cut for the American consumer at a clerk will call the roll. the domino effect this crisis has on the time when it’s needed most. We’re The bill clerk proceeded to call the costs of goods and services. going to use surplus funds—funds that roll. To begin addressing this problem, I have been taken from the American Mr. THOMAS. Mr. President, I ask have joined Majority Leader TRENT consumer above and beyond the needs unanimous consent that the order for LOTT, Senator LARRY CRAIG, and a of government—and give them back to the quorum call be rescinded. number of my colleagues in offering consumers every day at the gasoline The PRESIDING OFFICER (Mr. legislation to repeal the 4.3-cent gas pumps. KYL). Without objection, it is so or- tax while protecting the Highway For me, this legislation boils down to dered. Trust Fund and not spending any of the a very simple equation. Are we going Mr. THOMAS. Mr. President, I ask Social Security surplus. Our legislation to sit by and do nothing as farmers pre- unanimous consent to speak for about is aimed at getting some short-term re- pare to enter the fields this spring, or 15 minutes in morning business. lief directly into the hands of energy are we going to take whatever short- The PRESIDING OFFICER. Without consumers. Our bill will eliminate 4.3- term actions we can to support our objection, it is so ordered. cent tax on gasoline, diesel, and avia- farmers and provide them with a need- Mr. THOMAS. Thank you. tion fuel so the American consumer ed boost? Are we going to help those f can see some relief at the pump when most impacted by high fuel costs, or they fuel up for a day on the road, in are we going to ignore their needs and TAXES the field, or traveling to and from let them absorb thousands of more dol- Mr. THOMAS. Mr. President, I wish school or work. Our bill will eliminate lars in fuel costs this summer? There is to talk a little bit about oil prices. I the 4.3-cent tax starting on April 16 overwhelming proof that the Clinton guess most everyone wants to talk through January 1, 2001. For farmers, administration’s complete rejection of about oil prices and gas prices at the truckers, airlines, and other large en- a national energy policy has caused pump—those things that affect each of ergy consumers, this action will have this mess, so I believe the Congress us. First of all, I have had the oppor- an even greater positive impact be- must step in and help get them out of tunity to meet in the Chamber this cause of the large amounts of fuel they it. morning and hear a little discussion consume. I joined my colleagues in the Senate about taxes. So I will comment for a I have heard some of my colleagues earlier this year in requesting and re- moment on that. argue that 4.3 cents a gallon has a neg- ceiving emergency releases of Low-In- We are now dealing with the budget, ligible impact on consumers. To them, come Home Energy Assistance funding. which of course is one of the basic re- I say look at the amount of fuel a We did so on at least three separate oc- sponsibilities of Congress, and the farmer or trucker consumes during an casions, and I’ve supported the Presi- question of how much money we spend average week. Look at the thousands dent’s request for $600 million in addi- in the Federal Government. That has of gallons of diesel fuel required to op- tional funding this year. This crucial to do with the whole philosophical erate a family farm or deliver products funding for Minnesota and many other question of how large a Government we from California to Maine. Or look at cold weather States was a vital short- want and the things we want the Fed- the tight profit margins that can make term approach to mitigating the im- eral Government to be involved in, how the difference between going to work pact high fuel costs have had on senior much involvement we want in all of

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3595 those things—what is the division be- Save Social Security. Not one program views of how we best serve this coun- tween the responsibility of the Federal has come from them as to how to do try. There are many views. Government, local government, and that. We talk about energy. lead- State government. I think these are These young pages sitting here will ers of the OPEC nations are meeting in obviously some of the most important pay out of their first paycheck 12.5 per- Vienna to discuss boosting oil produc- issues with which we deal. These are cent for Social Security. The likeli- tion. I appreciate the efforts of Sec- broad issues. These are philosophical hood is, if we don’t do something, that retary Richardson. I hope the answer is issues. The budget has a great deal to they will not have benefits when they they will increase production. That is a do with it. are eligible for them. good thing to have happen. In fact, I suspect that the total We need to do something. We have a We have to talk about how we got amount of expenditures is probably the plan. We set aside at least a portion of ourselves in a position of having to go most important issue we deal with all that for individual retirement ac- over to OPEC, saying: We have real year, depending on how you view the counts. Let it belong to the persons problems; will you help us out? And role of Government. Keep in mind this who made it, and, indeed, let them in- then we do not get much of a response year we will spend about $1.8 trillion. vest in private sector equities or bonds from the very group we have contrib- That is $1,800 billion in the Federal so that the return is much higher. uted so much to, not only in dollars budget. About a third of that will be The choices we have are fairly sim- but in the gulf war. Then we find them so-called discretionary funding, which ple. We can reduce benefits. Nobody deciding whether they will do us a is determined by the Congress. The re- wants to do that. We can increase favor by increasing oil production. mainder, two-thirds of that, $1,800 bil- taxes. I don’t know of anybody who How did we get where we are? I think lion, will be mandatory spending— wants to do that. Social Security taxes we have had a lack of a policy regard- things such as Social Security, Medi- are the highest that most people pay of ing energy, not only in petroleum but care, and others. any tax. Or we can increase the return in the whole sphere of energy. I come We are dealing with setting a budget for the trust funds. We are for that. from the largest coal-producing State. that basically is an expenditure limit The administration has no plan at all This administration has made it in- on that discretionary spending, which other than to say: Save Social Secu- creasingly difficult to produce energy last year, as I recall, rose about 7.5 per- rity. as it has sought to close down energy cent more, much more than inflation. We need to do something about pay- powerplants because of maintenance. This year I think there is an effort ing down the debt. Most everyone We find ourselves depending on oth- being made to see if we can control would agree with that. The debt that ers and that puts at risk not only our that level of spending. It has to do with the President brags about paying down economy but also our security. We find the size of Government. Clearly, every- is taking Social Security money and ourselves now in the neighborhood of one has different views, of course, as to putting it into debt. It would be replac- 57-percent dependent on foreign oil. We how to adequately fund programs we ing public debt. But it is still debt. It see consumption going up each year; think are most important—the prior- is debt to the Social Security trust domestic production is going down at ities the public sets through their rep- fund. the same time. resentatives in terms of Government What I propose and what I think we What are some of the reasons? Some programs. ought to do is set money aside just like are what have happened in the last few One of the things it seems to me we with a home mortgage, and each year months in terms of this administration haven’t done as well as we might is to we will take so much money. It will which has set about to leave a ‘‘land’’ review programs that have been in take this amount of money to pay this legacy—and I understand Presidents place for a very long time. Some of year’s obligation to pay off the debt in desire to have different legacies. This them, obviously, are important pro- real dollars. So instead of being re- is called a land legacy where they will grams that need to go on. Others were placed by Social Security dollars, that set aside more and more private lands designed to do something for a rel- debt is being reduced. That is what we and put them into public ownership to atively short time, but they are always are for. The President has no plan. All have a billion dollars a year they can there. They never go away because we we hear is this great talk about it but spend at their own discretion without do not have the opportunity to have nothing is happening. going through the process of Congress the oversight to see if, in fact, those Then, quite frankly, we talk about and appropriations to acquire more programs have accomplished the things taxes. What we are talking about, at Federal lands. they were designed to accomplish, and least to some extent, is not simply re- In my State of Wyoming, nearly 50 if, indeed, those dollars can be spent ducing debt. It is a fairness issue. The percent of our land belongs to the Fed- more productively in some other pro- tax is a fairness eral Government. Selfishly, it makes a grams. issue. Why should two people who work lot of difference if the land can be used We find ourselves in a situation of independently and are married pay this as multiple-use public lands, if we can having these programs that have been amount of tax? That isn’t fair. It is a protect the resource, protect the envi- in place forever and are almost auto- fairness issue. It is not just tax reduc- ronment, but also use those lands— matically funded and the obvious need tion. whether for , for recreation, for for new programs from time to time as There are ways to change the estate grazing, whether it be for coal and gas time and needs change. It is simply an taxes. The Presiding Officer has a pro- production. We can do these things in accumulation of programs. Those of us posal that estate taxes ought to be paid such a way that we have multiple use who occasionally say to ourselves that when they pay taxes as a matter of as well as protection of the environ- we ought to control the size of Govern- capital gains. Good idea. Then there is ment. ment, have to take a look at those money left, unless one continues to This administration has moved in a kinds of issues. spend it. different direction. I have been on the I hear my friends talk about the evils People talk about taxes and bal- Energy Committee since I came here in of tax reduction. They ought to review ancing the budget and the economy 1994. We have not had from the Energy that a little bit, it seems to me. growing starting in 1993. I am sorry, it Department a coherent policy on en- First of all, we ought not spend So- didn’t start in 1993; it started in 1991. It ergy for a very long time. We had a cial Security dollars for operating has been going on for a good long time. meeting this morning on the Kyoto funds. We have been doing that for 40 I cannot imagine the President’s tax treaty, the meeting in Japan where we years, but we have not done that in the increase has contributed a great deal were supposed to sign a treaty which last 2 years. We hear our friends on the to the economic growth. would reduce our energy by about 40 other side of the aisle and the adminis- People have different views. That is percent, while asking less of the rest of tration and President Clinton saying: what it is all about. We have different the world. Of course that has not been

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 3596 CONGRESSIONAL RECORD—SENATE March 27, 2000 agreed to. As a matter of fact, this strongest economy in the world, the sequence is a reduction in the overall Senate voted 95–0 not to agree to it— greatest for jobs, while strengthening world spot price of crude oil. When you not that we shouldn’t be doing some- our security. do that, the cash-flow pouring out of thing about clean air, not that we I yield the floor. this country to the OPEC nations of shouldn’t be doing something to reduce The PRESIDING OFFICER. The Sen- the world declines; oil production goes the effect of economic growth—but not ator from Idaho. up, cash-flow declines. Why would they to just sign a treaty that says we are f want to do that? Out of the generosity going to put ourself at a disadvantage. of their hearts? ENERGY POLICY This is part of where we are, includ- For the last year-and-a-half or 2, ing access to Federal lands, where we Mr. CRAIG. Mr. President, I come to they have been in political disarray. have 40 million acres, using the Antiq- the floor this afternoon to join my col- During that time, they were largely uities Act, to set aside other lands for league from Wyoming who has so clear- pumping at will into the world market. single purpose uses. We have had for ly outlined in the last few moments A year ago, we saw crude oil prices at some time offshore oil drilling, one of part of the problems our country faces $10 a barrel on the world market. the great opportunities to provide do- at this time in our history relating to Today, they are over $30. Now $10 a bar- mestic oil. We have tried from time to energy policy, or a lack thereof. rel is probably too low, but $30 is a time to do something to give a tax ad- As I speak on the floor, as my col- huge and bountiful cash-flow to the vantage for marginal oil wells so they league has just completed his com- treasuries of these countries—Saddam would produce, but the administration ments, all eyes are turned on Vienna. Hussein’s country, the man whose is opposed. That is not Vienna, NY, that is Vienna, country we fought against to free Ku- We talked about looking at ANWR, Austria, where the OPEC nation mem- wait and the Kuwaiti oil fields less to do something in Alaska, to provide bers are meeting to decide whether than a decade ago. more domestic oil so we are not totally they will be generous enough to turn In fact, it was Northeastern Senators dependent on foreign countries to pro- their valves on a little more and in- who, some months ago, wrote a letter vide that energy source. That is not crease crude oil production to a million to our President asking him to become only good for the economy and jobs, or a million and a half barrels a day so sensitive to this issue because they but it is a security measure. that our gas prices will come down at were aware, with the run-up in oil Since 1992, oil production is down 17 the pump. How can a great nation such prices—and we knew it was coming the percent in the United States; consump- as ours now find itself so dependent minute the OPEC nations got their act tion is up 14 percent. In just 1 year upon a group of nations, almost all of together—the Northeastern Senators under this administration, oil imports them quite small but all of them very would see their States hit by heavy increased almost 8 percent; they are rich in crude oil? How do we find our- home heating oil costs. Sure enough, now getting close to 60 percent. DOE selves dependent on their thinking? that is what happened. It happened be- predicts a 65-percent oil dependency on What is the reason we find ourselves cause of the run-up in price. It also foreign oil by the year 2020. We have dependent? This is part of what my col- happened because of a loss of refinery become even more dependent. league from Wyoming was talking capacity that has been going on for The United States spends about $300 about. It is the loss of production units some time. million each day on imported crude oil, and the drop in number of rigs out ex- What was going on in the Northeast, $100 billion each year. We are con- ploring, and that is all our fault, our 2 and 3 months ago, is now going on cerned the trade deficit from oil fault collectively as a nation, for hav- across America. I come from the West, amounts to about one-third of the ing failed over the last several decades where energy prices are extremely high trade deficit. Now we are looking at to put in place an energy policy that and the impact on goods and services, short-term issues when what we have had, as its first criterion, relative inde- and our citizens, can be dramatic. So to do is take a look at the longer term pendence from other nations of the even if the OPEC oil countries decide resolution to these problems. world as suppliers of our fundamental to raise crude oil output, my guess is it The policy that would change this, energy-based need for crude oil, crude will be just a little bit. It may sound and one we look forward to, is in- oil production for our petrochemical like a lot to the average listener—a creased access to public land, con- industry. million, million-and-a-half barrels a tinuing to emphasize, however, the I have been to the floor several times day—and it could bring crude oil prices idea that we need also to protect the in the last couple of weeks to speak down a little bit. But the OPEC na- environment. We can do that. about this because the price at the tions’ goal is to keep crude oil prices I mentioned tax incentives that pump today is not an aberration. It is above $20 a barrel and therefore keep would increase production. We need to not something that was just quick in regular gas at the pumps at somewhere look at the Clean Air Act and the coming. We, as a country, have known in the $1.40 to $1.50 range. That is still Clean Water Act which is being used to for some time this day would be at a dramatic increase, nearly doubling reduce the use of lands as well. It has hand. Several years ago, we asked our east coast prices. It will be even higher a real impact to a lot of people in my Government to investigate whether a on the west coast. State which is largely a State that has lack of domestic production would put The failure of the Clinton-Gore ad- mineral production. us at some form of vulnerability as to ministration to recognize it, to under- In 1990, U.S. jobs exploring and pro- our ability to defend ourselves. The an- stand it, and therefore to deal with it, ducing oil amounted to over 400,000; in swer was yes. Those studies were is one of the great domestic and foreign 1999, these jobs are down to 293,000, a placed on the desk of our President, policy tragedies of the decade. I say 27-percent reduction in the ability of Bill Clinton. Nothing was done. A year that from an economic point of view, America producing our own oil. In 1990, ago similar studies were done, and they but it is true also from a defense point we had 657 working oil rigs; now it is reside on the President’s desk as we of view—our ability to defend ourselves down to 153, a 77-percent decline. speak. They have been there since last and stand as an independent nation in I think we need to take a long look November, and nothing has been done. a community of nations around the at where we are and where we want to Only in the last month has the Presi- world. go. Any government looking at energy dent sent his Secretary of Energy out Here are some statistics. Probably has to recognize the stewardship re- and about the world, with his tin cup in everyone’s eyes glaze over a little bit sponsibility that we have for the envi- hand, begging—begging producing na- when you use statistics, but it is im- ronment. We do that. At the same tions to turn their valves on a little portant for the record. U.S. crude oil time, we have to be able to produce for bit. production is down by 17 percent since ourselves so we have the freedom and What is the consequence of turning 1992. We have actually had wells shut opportunity to continue to have the your valve on at the pump? The con- off and shut in. What does that mean?

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3597 The price of oil got so low, they could more of our Nation’s crude oil reserves, travel on the backs of 18-wheeler not afford to pump them. It cost money of which we have an abundance. In trucks, all consuming diesel oil. to produce. So they turn the well off fact, I was watching CNN a few mo- Diesel oil is now being acquired by and they shut the well in, it ments ago. Some people in the oil in- farmers across the Nation as they no longer has the capability of pro- dustry would suggest only about half of enter our fields for the spring farming ducing. the crude oil capability of this Nation season. All of that is going to drive up U.S. crude oil consumption during has been used since we first discovered the overall cost of the farmers this that same period of time went up 14 crude oil. Only about half of it has been year. In agriculture, farmers have ex- percent: 17 percent down in production, used. The rest of it is under the ground. perienced a 4-year run of very low com- 14 percent up in consumption. It sounds It is more difficult to find, more expen- modity prices and have found most of like a ready-made situation for a cri- sive to produce, but it is still there, their farms and ranches below break sis, and that is exactly where we find and the great tragedy is we are not even. Now, because of an absence of a ourselves today. The United States is producing it. In fact, we are doing national energy policy, they find their 55-percent dependent upon those na- quite the opposite. cost of production could double, at tions that are meeting in Vienna at Since this administration has come least in the energy field. Many of the this moment; 55-percent dependent for to town, there has been an anti-oil at- tools they use—the insecticides, the so much of what we do. That is dra- titude from a standpoint of domestic pesticides, and the herbicides that are matically up from just a couple of dec- production. From the very beginning, made up of oil bases—are going to go ades ago when we were in the mid-30s, they pushed through a 4.3 percent gas up dramatically in cost. relating to dependency. tax increase. They argued it was for In my State of Idaho, farming and While all of this is going on and noth- deficit reduction. But when one listens ranching, logging and mining are also ing is being done by this administra- to the soundings of the Vice President an important part of the rural econ- tion, and most of what we are trying to when he talks about crude oil and com- omy. All of them very energy inten- do here has either been denied or ve- bustion engines and how negative they sive. Those industries have found toed or blocked by this administration, are to the environment and we ought themselves nearly on their backs from the U.S. Department of Energy esti- to tax them out of existence—and he the last few years at a time when we mates we will have a 65-percent de- has said all of those things; I am para- see energy costs ready to double or tri- pendency on foreign producers by the phrasing, but it is not new; he has been ple. We have heard it from the home- year 2020. Some would say that is good replete in those expressions over the owner and the apartment dweller in because we will not have the environ- years—it is not unexpected that he the Northeast for the last several mental risks in this country; we will cast the single vote that broke the tie months, that their fuel costs have dou- not be drilling and we will not be refin- between Democrats and Republicans on bled, their heating bills have doubled. ing as much, and therefore the environ- this floor that put the gas tax in place. Some are having to choose food over mental risks will be gone. We now are looking to try to take warmth or warmth over food. Many are What they did not tell you is, it puts that gas tax off in the very near future, senior citizens on fixed incomes. hundreds of new supertankers out at least roll it back a ways, and give While we have tried to offset that there on the open ocean on a daily our consumers some flexibility. We are some with help from Washington, we basis—even if our foreign neighbors going to balance the budget this year have not been able to do it all. And in will produce and even if they will sell and have surpluses. Why not use some the next month and a half, we are to us, hundreds more of those huge su- of that surplus money to offset the going to hear it from the farmers and pertankers out there in the open ocean, runup in expenses that consumers are the ranchers as their fuel bills sky- coming into our ports, offloading. Let now feeling at the gas pump at this rocket. me tell you, there are greater environ- moment and that certainly our trans- We have already heard from the mental consequences for that than the portation industry is feeling? It ought truckers. They have been to town sev- use of today’s technology on our land to be something we do. eral times, and many of our inde- or out in our oceans, drilling, finding, I argue that we hold the highway pendent truckers are literally driving and shipping to our refineries. trust fund fully offset. That is the trust their trucks into their driveways, shut- The United States is spending $300 fund that funds the pouring of concrete ting them down, and not turning them million a day on imported crude oil. for our roads and our bridges and cre- back on, therefore, risking bankruptcy That is $100 billion a year flowing out ates hundreds of thousands of jobs a and the loss of that income-making of this country to the coffers of the year in the building and rebuilding of property because they cannot afford to OPEC nations. That is big money, huge our infrastructure. Those need to be pay the fuel bills. money, in any sense of the words. We funded. I do not argue they should not Why? It is time we ask why, as a sit here and wring our hands over a be. But here we are dealing with a sur- country, and it is time Congress dealt balance of payments, yet we do nothing plus, fighting with our Democrat col- with at least some short-term provi- to bring that production back to our leagues over whether we should give sions while we look at and strive for shores and to be able to control our tax relief to the taxpayers this year. some long-term energy policy. own destiny in the production of crude What better way to give some of it I do not think one can expect the oil. back than to reduce the cost at the Clinton-Gore administration to be very As I mentioned, the world oil price pumps? Most Americans today who helpful, except begging at the door- reached over $30, about $34 a barrel on drive cars find themselves paying in- steps of the palaces of the sheiks of the March 7. It is down a little bit now on creasingly higher fuel bills. OPEC nations, because that is their speculation that the OPEC nations For the next few moments, I will talk only energy policy. today will make decisions that will in- about rural America. I come from a Those are the kinds of things we are crease production. But, of course, we rural State. Many of us do. While going to look at and abide by. I think already know energy prices on the west runups in energy costs are dramati- this Congress will attempt to respond coast are at nearly $2 a gallon at the cally impacting urban America, it is and respond in a positive way for the pump and are certainly extremely high even greater in rural America. Why? It short-term provisions while we look at here. More than half of all crude oil we is quite simple. Many of my friends in long-term policy to increase produc- use, about 18 million barrels per day, Idaho drive 50, 60, 70 miles a day to just tion of crude oil inside the 50 States of goes directly into home heating oil, get their kids to school or just to shop our Nation in a way that we can con- motor gasoline, diesel fuel, and other at the local grocery store. That is not trol it, we can shape our energy future transportation fuels. unusual in rural America. without a group of energy nations The Clinton-Gore administration has All of the goods and services that meeting in Vienna having a choke hold failed to do one single thing to develop flow to our farms and from our farms around our very neck.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 3598 CONGRESSIONAL RECORD—SENATE March 27, 2000 Secretary of the Interior Bruce Bab- use, and continues with administration the bedrock of our nation. We are a na- bitt is talking about taking down valu- support for the economically punitive tion comprised of individuals of vary- able hydroelectric dams in the Pacific Kyoto Protocol. This administration ing races, creeds, and colors, with dif- Northwest—the administration does hates the fossil fuel industry and ap- fering ideologies. We need to reinforce not consider hydropower a renewable parently the economic well-being these the values we hold in common in order resource. Electricity from hydro meets abundant and relatively cheap fuels for our nation to remain united, to re- about 10 to 12 percent of U.S. needs. have helped the U.S. economy achieve. main strong. Environmental Protection Agency These are the words of the Vice Presi- Sadly, patriotism is on the decline. Administrator Carol Browner is trying dent: That’s dangerous in a democracy. Just to shut down coal fired electric gener- Higher taxes on fossil fuels . . . is one of ask the military recruiters who can’t ating plants in the midwest—which de- the logical first steps in changing our poli- find enough willing young people to fill pends on those plants for 88 percent of cies in a manner consistent with a more re- the ranks of our military during this its electricity. The U.S. depends on sponsible approach to the environment. strong economy. What happened to the coal for 55 percent of its electricity That is by Senator AL GORE, from pride in serving your country? Where needs. ‘‘Earth in the Balance,’’ 1992, page 173. are the Americans willing to answer While the Clinton-Gore administra- To me it is pretty clear that this ad- the call? tion tried to kill off the use of coal ministration is unwilling to commit to Protecting the flag reflects our desire fired electricity it is doing nothing to a rational energy policy that will help to protect our nation from this erosion increase the availability of domestic America’s families. in patriotism. It signals that our gov- natural gas which is the fuel genera- I yield the floor. ernment, as a reflection of the will of the people, believes all Americans tors will use if they cannot use coal. To f replace coal the U.S. must increase its should treat the flag with respect. The FLAG DESECRATION use of natural gas by about 10 trillion men and women of our armed forces CONSTITUTIONAL AMENDMENT cubic feet per year. who sacrificed for the flag should be Federal land in the Rocky Mountain The PRESIDING OFFICER. Under shown they did not do so in vain. They West could contain as much as 137 bil- the previous order, the Senate will now fought, suffered, and died to preserve lion cubic feet of natural gas but the proceed to consider S.J. Res. 14, which the very freedom and liberty which Clinton-Gore administration refuses to the clerk will report by title. allow us to proclaim that desecrating allow any oil and gas exploration on The legislative clerk read as follows: the American flag goes too far and those lands. A joint resolution (S.J. Res. 14) proposing should be prohibited. Last week the President announced an amendment to the Constitution of the To say that our flag is just a piece of cloth—a rag that can be defiled and his plans for dealing with our current United States authorizing Congress to pro- trampled upon and even burnt into energy problem. Once again, his em- hibit the physical desecration of the flag of ashes—is to dishonor every soldier who phasis focused on conservation and re- the United States. ever fought to protect it. Every star, newable energy sources like solar, wind The Senate proceeded to consider the every stripe on our flag was bought and biomass. We cannot put windmills joint resolution. through their sacrifice. on trucks or solar panels on trains or Mr. GRAMS. Mr. President, the Con- stitution begins with the ringing The flag of the United States of barges. America is a true, national treasure. The Clinton-Gore administration has words—‘‘We the People’’—for a reason. In our great nation, the people are em- Because of all that it symbolizes, we refused to even consider allowing ex- have always held our flag with the ploration in the Alaska National Wild- powered to decide the manner in which we are to be governed and the values greatest esteem, with reverence. That life Refuge which could contain up to is why we fly it so high above us. When we are to uphold. I join 80 percent of 16 billion barrels of domestic crude oil the flag is aloft, it stands above polit- the American people in the belief the which could easily be moved to refin- ical division and above partisanship. flag of the United States of America eries in the lower 48 through the Alas- Under our flag, we are united. ka pipeline. should be protected from physical dese- Most Americans cannot understand The Vice President has vowed to pro- cration. And I am blessed to live in a why anyone would burn a flag. Most hibit any future exploration for oil and nation where the will of the people can Americans cannot understand why the natural gas on the Federal outer conti- triumph over that of lawyers and Senate would not act decisively and nental shelf when there are clearly judges. overwhelmingly to pass an amendment areas that have great potential for new In light of the U.S. Supreme Court affording our flag the protection it de- domestic energy supplies. The Presi- decisions Texas v. Johnson (1989) and serves. dent recently closed most of the Fed- United States v. Eichman (1990), which This simple piece of cloth is indeed eral OCS to any exploration until 2012. essentially abrogated flag desecration worthy of Constitutional protection. I The Clinton-Gore administration em- statutes passed by the federal govern- urge my colleagues to follow the will of braces the Kyoto Protocol which would ment and 48 states, a constitutional ‘‘We the People’’ and accord the Amer- impose staggering economic costs on amendment is clearly necessary to pro- ican flag the dignity it is due by sup- the United States. The Protocol would tect our flag. This would take the issue porting Senate Joint Resolution 14. require the U.S. to vastly reduce its of flag protection out of the Courts and The PRESIDING OFFICER. Under use of fossil fuels like oil, natural gas back to the legislatures where it be- the previous order, the Senator from and coal to achieve reductions in emis- longs. As Chief Justice Rehnquist stat- Kentucky, Mr. MCCONNELL, is recog- sions of carbon dioxide—which is not a ed in his dissent, ‘‘Surely one of the nized to offer an amendment in the na- pollutant under the Clean Air Act and high purposes of a democratic society ture of a substitute. has not yet been proven to be the cause is to legislate against conduct that is AMENDMENT NO. 2889 of climate change. The U.S. Senate regarded as evil and profoundly offen- (Purpose: To provide for the protection of voted 95–0 to reject it. sive to the majority of people—whether the flag of the United States and free Clearly, there is a pattern. it be murder, embezzlement, pollution, speech, and for other purposes) It started in 1993 when the Clinton- or flagburning.’’ Mr. MCCONNELL. Mr. President, I Gore administration proposed a $73 bil- Mr. President, the fight to protect send an amendment to the desk pursu- lion 5-year tax to force U.S. use of fos- ‘‘Old Glory’’ is a fight to restore duty, ant to the order previously entered. sil fuels down. honor, and love of country to their The PRESIDING OFFICER. The It continues with misguided Federal rightful place. As Justice Stevens clerk will report. land use policies, environmental poli- noted, ‘‘The flag uniquely symbolizes The legislative clerk read as follows: cies designed not necessarily to protect the ideas of liberty, equality, and toler- The Senator from Kentucky [Mr. the environment but to kill fossil fuel ance.’’ These are the values that form MCCONNELL], for himself, Mr. BINGAMAN, Mr.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3599 BENNETT, Mr. CONRAD, Mr. DORGAN, Mr. ‘‘(d) DAMAGING A FLAG OF ANOTHER ON FED- Senator from , Mr. DODD, Mr. TORRICELLI, Mr. BYRD, and Mr. ERAL LAND.—Any person who, within any SMITH, an amendment to the Standing LIEBERMAN, proposes an amendment num- lands reserved for the use of the United Rules of the Senate to provide that we bered 2889. States, or under the exclusive or concurrent begin each day’s business in the Senate jurisdiction of the United States, steals or Mr. MCCONNELL. Mr. President, I Chamber with the Pledge of Allegiance ask unanimous consent that the read- knowingly converts to his or her use, or the use of another, a flag of the United States to the flag. ing of the amendment be dispensed belonging to another person, and who inten- I want to be perfectly clear, I have no with. tionally destroys or damages that flag, shall sympathy for those who desecrate the The PRESIDING OFFICER. Without be fined not more than $250,000, imprisoned flag. These malcontents are simply objection, it is so ordered. not more than 2 years, or both. grabbing attention for themselves by The amendment is as follows: ‘‘(e) CONSTRUCTION.—Nothing in this sec- inflaming the passions of patriotic Strike all after the resolving clause and in- tion shall be construed to indicate an intent Americans. There is we sert the following: on the part of Congress to deprive any State, should respect them or what they are territory, or possession of the United States, SECTION 1. SHORT TITLE. saying. This Act may be cited as the ‘‘Flag Protec- or the Commonwealth of Puerto Rico of ju- risdiction over any offense over which it Speech that incites lawlessness or is tion and Free Speech Act of 1999’’. intended to do so merits no first SEC. 2. FINDINGS AND PURPOSE. would have jurisdiction in the absence of this section.’’. amendment protection, as the Supreme (a) FINDINGS.—Congress finds that— (1) the flag of the United States is a unique (b) CLERICAL AMENDMENT.—The analysis Court has made abundantly clear. symbol of national unity and represents the for chapter 33 of title 18, United States Code, From Chaplinsky’s ‘‘fighting words’’ values of liberty, justice, and equality that is amended by striking the item relating to doctrine in 1942 to Brandenburg’s ‘‘in- make this Nation an example of freedom un- section 700 and inserting the following: citement’’ test in 1969 to v. matched throughout the world; ‘‘700. Incitement; damage or destruction of Mitchell’s ‘‘physical assault’’ standard (2) the Bill of Rights is a guarantee of property involving the flag of in 1993, the Supreme Court has never the United States.’’. those freedoms and should not be amended in protected speech which causes or in- a manner that could be interpreted to re- The PRESIDING OFFICER. Under tends to cause physical harm to others. strict freedom, a course that is regularly re- the previous order, there shall be 2 sorted to by authoritarian governments That is the basis for this legislation. hours for debate on the amendment My amendment outlaws three types of which fear freedom and not by free and equally divided, with an additional 30 democratic nations; illegal flag desecration. First, anyone (3) abuse of the flag of the United States minutes under the control of the Sen- who destroys or damages a U.S. flag causes more than pain and distress to the ator from West Virginia, Mr. BYRD. with a clear intent to incite imminent overwhelming majority of the American peo- Mr. MCCONNELL. Mr. President, the violence or a breach of the peace may ple and may amount to fighting words or a amendment that I sent to the desk is be punished by a fine of up to $100,000, direct threat to the physical and emotional on behalf of myself, Senator BENNETT, or up to 1 year in jail, or both. well-being of individuals at whom the threat Senator CONRAD, Senator DORGAN, Sen- Second, anyone who steals a flag that is targeted; and ator DODD, Senator TORRICELLI, Sen- (4) destruction of the flag of the United belongs to the United States and de- ator BINGAMAN, Senator BYRD, and States can be intended to incite a violent re- stroys or damages that flag may be sponse rather than make a political state- Senator LIEBERMAN. fined up to $250,000 or imprisoned up to ment and such conduct is outside the protec- I am glad we are having this debate 2 years, or both. tions afforded by the first amendment to the today. The American flag is our most And third, anyone who steals a flag Constitution. precious national symbol, and we from another and destroys or damages (b) PURPOSE.—The purpose of this Act is to should be concerned about the desecra- that flag on U.S. property may also be provide the maximum protection against the tion of that symbol. fined up to $250,000 or imprisoned up to use of the flag of the United States to pro- This debate is also about the Con- 2 years, or both. mote violence while respecting the liberties stitution which is our most revered na- Some of my colleagues will argue that it symbolizes. tional document. Both the flag and the that we have been down the statutory SEC. 3. PROTECTION OF THE FLAG OF THE UNITED STATES AGAINST USE FOR Constitution represent the ideas, val- road before and the Supreme Court has PROMOTING VIOLENCE. ues, and traditions that define our Na- rejected that road. However, those ar- (a) IN GENERAL.—Section 700 of title 18, tion. Brave Americans have fought and guments are not valid with respect to United States Code, is amended to read as given their lives defending the truths this amendment I am now discussing. follows: these both represent. We should be con- The Senate’s previous statutory effort § 700. Incitement; damage or destruction of cerned with defending both of them. to address this issue wasn’t tied to the property involving the flag of the United Today I am proud to offer, along with explicit teachings and principles of the States the colleagues I previously listed—Sen- U.S. Supreme Court. ‘‘(a) DEFINITION OF FLAG OF THE UNITED ator BENNETT, Senator CONRAD, Sen- Put simply, my statutory approach STATES.—In this section, the term ‘flag of ator DORGAN, Senator DODD, Senator the United States’ means any flag of the for addressing flag desecration is com- United States, or any part thereof, made of TORRICELLI, Senator BINGAMAN, Sen- pletely compatible with the first any substance, in any size, in a form that is ator BYRD, and Senator LIEBERMAN— amendment and in no way conflicts commonly displayed as a flag and that would the Flag Protection Act as an amend- with the Supreme Court’s relevant rul- be taken to be a flag by the reasonable ob- ment in the form of a substitute to the ings in the two leading cases: Texas v. server. bill before us. Johnson, (1989) and U.S. v. Eichman, ‘‘(b) ACTIONS PROMOTING VIOLENCE.—Any This amendment would ensure that (1990). person who destroys or damages a flag of the acts of deliberately confrontational In the Eichman case, the court clear- United States with the primary purpose and flag-burning are punished with stiff ly left the door open for outlawing flag intent to incite or produce imminent vio- fines and even jail time. My amend- lence or a breach of the peace, and under cir- burning that incites lawlessness. cumstances in which the person knows that ment will help prevent desecration of As is made clear by these distinc- it is reasonably likely to produce imminent the flag, and at the same time, protect tions in cases and the direction pon- violence or a breach of the peace, shall be the Constitution. dered by the Supreme Court in fined not more than $100,000, imprisoned not As all of us do, I revere the flag. Eichman, my amendment will pass more than 1 year, or both. Among my most prized possessions is constitutional muster. But you don’t ‘‘(c) DAMAGING A FLAG BELONGING TO THE the American flag which honored, as he have to take my word on it. The Con- UNITED STATES.—Any person who steals or was laid to rest, my father’s service in gressional Research Service has offered knowingly converts to his or her use, or to World War II. That flag rests proudly the use of another, a flag of the United legal opinions concluding that this ini- States belonging to the United States, and on the marble mantle in my Senate of- tiative will withstand constitutional who intentionally destroys or damages that fice. Further, one of my first acts as scrutiny. CRS said: flag, shall be fined not more than $250,000, chairman of the Rules Committee last The judicial precedents establish that the imprisoned not more than 2 years, or both. year was to offer, along with the senior [Flag Protection Act], if enacted, while not

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 3600 CONGRESSIONAL RECORD—SENATE March 27, 2000 reversing Johnson and Eichman, should sur- Mr. President, I ask unanimous con- Zones Act of 1990, Professors Parker and vive constitutional attack on First Amend- sent that the full text of the various Tribe assert that Congress ‘‘probably lacks ment grounds. memos and letters I have referred to be affirmative authority’’ to pass laws prohib- iting use of the flag to incite violence. Not In addition, Bruce Fein, a former of- printed in the RECORD. I note that only is their statement couched in uncer- ficial in the Reagan administration and some of the memos refer to S. 982 in respected constitutional scholar, con- tainty (‘‘probably’’), but seems to suggest the 105th Congress and some refer to S. that Congress could neither pass a law pro- curs. He said: 1335 in the 104th Congress. These bills hibiting violent crimes, as it has done in a [The Flag Protection Act] falls well within were introduced in different sessions of number of instances already, nor any laws the protective constitutional umbrella of Congress but they are, in fact, the relating to the flag. If the latter were true, Brandenburg and Chaplinsky . . . [and it] same amendment. then Congress could not have passed the also avoids content-based discrimination statute that designates the familiar scheme which is generally frowned on by the First I would also like to refer Senators and other interested parties to the of stars and stripes as the flag of the United Amendment. States. If the federal government has no Several other constitutional special- CONGRESSIONAL RECORD for April 30, legal interest in the flag that symbolizes our ists also agree that this initiative re- 1999, pages 54488–54489 and the following Nation, then it is difficult to imagine what spects the first amendment and will supporting memos and letters: state- legal interest it has at all. withstand constitutional challenge. A ment of Bruce Fein, Esq. and state- In discussing this issue, it is important to ments of Robert S. Peck, Esq. et al. note that the professors’ reliance on Lopez is memo by Robert Peck, formerly of the misplaced. Lopez was a Commerce Clause de- ACLU, and Professors Robert O’Neil There being no objection, the mate- rial was ordered to be printed in the cision. In that case, the Supreme Court held and Erwin Chemerinsky concludes that that the problem of guns in schools did not RECORD, as follows: this legislation ‘‘conforms to constitu- have a sufficient nexus to interstate com- tional requirements in both its purpose FAIRFAX STATION, VA, merce to allow Congress to invoke federal and its provisions.’’ May 11, 1999. authority; the guns-and-schools issue, it said And, these same three respected men Hon. MITCH MCCONNELL, remains a state matter, as it has tradition- have looked at the few State court U.S. Senate, Washington, DC. ally. Unlike the law struck down in Lopez, DEAR SENATOR MCCONNELL: Recently, Sen- your bill does not rest on the commerce cases which have been decided since we ator Hatch sent an inquiry to a number of had this debate a few years ago and power, but instead relies on the unique na- constitutional scholars raising questions ture of the flag and the inherent federal in- have reiterated their original finding about the constitutionality of your bill, S. terest in it. Only the federal government has of constitutionality. 931, the Flag Protection Act of 1999. One of the authority to define what constitutes a As I am sure you will hear later those scholars, Professor William Van flag of the United States. And it retains the today, opponents of my amendment Alstyne, one of the deans of First Amend- primary interest in defining what con- have asked a number of constitutional ment law, wrote back that he found no con- stitutes proper use of the flag. No one could scholars to find constitutional con- stitutional infirmity in the legislation. In plausibly contend that the asserted interests cerns with my bill. One of the most re- reaching that sound conclusion, Professor more properly and traditionally reside with- Van Alstyne allied himself with the Congres- vealing responses was from Professor in state authority. sional Research Service and with Professor Moreover, nothing in the Supreme Court’s William Van Alstyne, a professor at Robert O’Neil of the University of Virginia, Flag Burning Cases suggest that the federal Duke Law School and a dean of con- who also serves as the Founding Director of government may not assert such an interest stitutional law. Professor Van Alstyne an important First Amendment study cen- in the flag. In fact, the Court implicitly rec- wrote that although he is not in favor ter, the Thomas Jefferson Center for Free ognized what it thought unnecessary to ar- of any law or constitutional amend- Expression, Professor Erwin Chemerinsky of ticulate: that government has a real interest ment punishing those who abuse the the University of Southern California, in the uses to which the flag might be put. It flag, he did not find any constitutional former Associate Attorney General Bruce indicated, in words that have real meaning infirmity with my legislation. Fein and myself, a constitutional lawyer and for the proposed statute, that the First law professor. Amendment would not be violated by a law In closing, I would like to share some One letter received by Senator Hatch did that prosecuted a person who drags ‘‘a flag thoughts recently conveyed by General raise several questions about the legislation. through the mud, knowing that this conduct Colin Powell, a great American. In a It was jointly signed by Professors Richard is likely to offend others, and yet have no recent letter he so eloquently ex- Parker and Laurence Tribe of Harvard. As thought of expressing any idea.’’ Texas v. pressed his sentiments which explain you know, Professor Parker is an advisor to Johnson, 491 U.S. 397, 403 n.3 (1989). Note that my own. He wrote: the Citizens Flag Alliance (CFA) and a sup- this articulation of a constitutional ap- I understand how strongly so many . . . porter of the flag desecration constitutional proach to regulating flag-related conduct is veterans and citizens feel about the flag and amendment that is the CFA’s entire reason extremely similar to S. 931’s treatment of I understand the powerful sentiment in state for existence. In his advisory role, he has re- flag-related conduct that is intended and legislatures for such an [constitutional] peatedly staked out a position, inconsistent likely to result in imminent violence. amendment. I feel the same sense of outrage. with the explicit teachings of the U.S. Su- The Johnson Court went on to say that it But I step back from amending the Constitu- preme Court, that nothing short of a con- would not have struck down the Texas flag tion to relieve that outrage. The First stitutional amendment is valid or appro- desecration law if the government had been Amendment exists to insure that freedom of priate. Professor Tribe, however, is an oppo- able to assert truthfully that it was moti- speech and expression applies not just to nent of the constitutional amendment. His vated in its prosecution by a realistic con- that with which we agree or disagree, but position, as articulated in this May 5 joint cern for preventing violence. Id. at 399. This also that which we find outrageous. letter, is similarly at odds with existing statement, by itself, should be viewed as de- I would not amend that great shield of de- precedent, as well as with testimony that finitive authority in favor of the constitu- mocracy to hammer a few miscreants. The Professor Tribe himself has previously given tionality of S. 931. As Ohio’s Supreme Court flag will still be flying proudly long after in Congress. See Hate Crimes Sentencing En- held, relying on Johnson, punishing use of they have slunk away. hancement Act of 1992: Hearings on H.R. 4797 the flag to incite violence poses no constitu- There is nothing wrong with the Bill Before the Subcomm. on Crime and Criminal tional problem. Ohio v. Lessin, 620 N.E.2d 72 (Ohio 1993), cert. denied, 510 U.S. 11194 (1994). of Rights or the first amendment. It Justice of the House Comm. on the Judici- ary, 102d Cong., 2d Sess. 7 et seq. (1992) The U.S. Supreme Court was given an oppor- has stood the test of time for 200 years. (statement and testimony of Professor Lau- tunity to correct the Ohio decision, if correc- It would be unfortunate if we began rence Tribe). As this letter details, the con- tion was needed, but chose not to take the tampering with the important and fun- cerns raised by Professors Parker and Tribe case. Maryland has also enacted a flag stat- damental protections of the first should not give any pause to you or to the ute aimed at dealing with violence without amendment because of a tiny handful bill’s other supporters; S. 931 remains com- any adverse court ruling as to its constitu- of malcontents. This is especially true patible with the First Amendment and does tionality. Md. Ann. Code art. 27, § 83 (1990). If when we have this viable, constitu- not conflict with the U.S. Supreme Court’s states can enact such a law, there is cer- tional statutory alternative, which I relevant rulings. tainly no bar on congressional enactment, I will answer the issues raised by Profes- where the federal authorizing interest is sig- have just offered, for dealing with sors Parker and Tribe one at a time. nificantly greater and such a statute would those malcontents who would desecrate Lack of Congressional Authority—Relying be a valid exercise of the police power. one of our Nation’s most cherished on the Supreme Court’s decision in Lopez, Section 3(b).—Professors Parker and Tribe symbols. which struck down the Gun-Free School also claim that the bill’s punishment for use

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3601 of the flag to incite violence draws an imper- S. 931 similarly focuses on conduct (incite- ficult to imagine the argument that might missible content-based line because it effec- ment to violence through the instrumen- be made to justify a similar federal interest tively suppresses, through threat of punish- tality of a flag) with substantial potential in a treasured family heirloom, such as a ment, those forms of expressive use of the harms that include the ones listed by the wedding dress, that somehow made it onto flag that are intended and likely to incite vi- Mitchell Court. In his congressional testi- federal property, was stolen and then de- olence. This is a remarkable assertion be- mony on hate crimes sentencing enhance- stroyed there. cause, if correct it would render all incite- ment, Professor Tribe saw no constitutional Contrary to the letter drafted by the two ment and conspiracy statutes that rely on dilemma with a law that punished those who distinguished professors, the constitu- criminal communications invalid. Yet, as target their victims by race or gender with tionality of S. 931 should not give any Mem- demonstrated by the Johnson Court’s lan- longer sentences even if the criminal act ber of Congress pause. The Supreme Court guage quoted above, the Supreme Court an- might be interpreted as an expression of ra- has virtually invited Congress to pass such ticipated a statute along the lines of S. 931 cial hatred. Hate Crimes Sentencing En- an Act and indicated its validity. Because and found it valid. hancement Act of 1992. Hearings on H.R. 4797 wise constitutional counsel and the lessons Contrary to the implication made by the Before the Subcomm. on Crime and Criminal of history indicate that amending our Con- professors that line-drawing by Congress is Justice of the House Comm. on the Judici- stitution should not be undertaken when a unconstitutional, all laws draw lines. In the ary, 102d Cong., 2d Sess. 7–30 (1992) (state- statutory resolution is available, it is imper- First Amendment area, the Supreme Court ment and testimony of Professor Laurence ative that Congress give serious consider- has both recognized this reality and man- Tribe). In taking his position in defense of ation to S. 931 rather than embark on a con- dated that such lines be drawn with utmost the use of bias motivation as a sentencing stitutional journey that holds implications precision so that it is limited to those evils factor and calling it properly narrow even for our freedoms that even the most fore- that legislation may properly address. See, though it singled out a particular form of sighted cannot anticipate. e.g., NAACP v. Button, 371 U.S. 415, 433 (1963). opinion, he anticipated the Mitchell Court’s Sincerely, In fact, the courts have long experience up- finding of greater societal harm. Somehow, ROBERT S. PECK, Esq. holding laws that punish certain types of this time around with respect to S. 931, Pro- conduct that contains aspects of expression. fessor Tribe seems blinded to the greater so- DUKE UNIVERSITY, In Cox v. Louisiana, 379 U.S. 559 (1965), for ex- cietal harm that is inherent in the use of a SCHOOL OF LAW, ample, the Supreme Court upheld a statute symbol of freedom and national unity to pro- Durham, NC, March 31, 1999. that criminalized picketing or parading near voke violence and unrest. I cannot imagine Senator ORRIN G. HATCH, a state courthouse ‘‘with the intent of inter- the Court turning a blind eye to the distinc- Chairman, Senate Judiciary Committee, fering with, obstructing, or impeding the ad- tive harms involved in using the national Dirksen Senate Office Bldg., Washington, DC. DEAR SENATOR HATCH: I have reviewed S. ministration of justice.’’ Picketing and pa- flag to incite violence. As the Mitchell Court 1335 styled ‘‘The Flag Protection and Free rading are indisputably forms of expressive recognized, there is a considerable difference Speech Act of 1995.’’ I have also reviewed the conduct that are accorded full First Amend- between laws that control conduct and those November 8, 1995 Memorandum of the Con- ment protection, yet could be made criminal directed at controlling speech. Mitchell, 508 gressional Research Service, and the recent when the governmental interest is over- U.S. at 486–90. Section 3(c).—The two professors part com- letters you received from Professors Stephen riding, as it is when that interest is the pre- pany, however, on whether the government Presser and Paul Cassell offering comments vention of violence as it is in S. 931. Even may especially punish the destruction of cer- and observations on the proposed act. My ob- earlier, the Court had upheld a prohibition tain kinds of government property, in this servations, such as they are, are these— on picketing intended to further unlawful instance, government-owned flags. Professor I. If the principal provisions of this pro- objectives. International Brotherhood of Elec- Tribe, consistent with his hate-crime testi- posed bill are narrowly construed—as I be- trical Workers v. NLRB, 341 U.S. 674 (1951). S. mony and the Court’s holding in Mitchell, lieve they might well be 1—then I am in- 931 is indistinguishable from the laws upheld recognizes that a special form of emotional clined to agree more nearly with the anal- by these quite solid precedents. harm might be at issue and that this trans- ysis provided by the Memorandum of the Similarly, anti-discrimination laws are not lation of the government’s interest into law Congressional Research Service than with invalid just because the discriminating party could be constitutional.1 Professor Parker that provided by my able colleagues at wishes to express racial or sexual opinions. takes the opposite view because he finds the Northwestern (Steve Presser) and Utah (Paul See Hishon v. King & Spaulding, 467 U.S. 69, 78 same flaw throughout the bill: the singling Cassell). In brief, as narrowly construed and (1984), See also United States v. J.H.H., 22 F.3d out of the flag as something of especial in- rigorously applied, the principal section of 821, 826 (8th Cir. 1994) (upholding civil rights terest to the federal government. For the the act (§ 3(a)) may not be inconsistent with laws prohibiting conduct intended to deprive same reasons stated in defense of Section the First Amendment and may withstand ju- victims of their legal rights). 3(b), this argument fails. dicial scrutiny when reviewed in the courts. By relying on R.A.V. v. St. Paul, 505 U.S. Section 3(d).—Perhaps most remarkable of I say this because as thus narrowly con- 377 (1992), for a broad proposition that gov- all is the two professors’ assertion that S. 931 strued and applied, § 3(a) may apply only in ernment has no power to criminalize conduct cannot constitutionally punish theft and de- circumstances in which it would meet the re- that contains elements of expression, the struction of another’s U.S. flag on federal quirements the Supreme Court itself has laid two professors make the same error that was property. Certainly, the theft and destruc- down in the principal case applicable to 2 made by the Wisconsin Supreme Court and tion of property on federal land is well with- more general laws of this same sort. Herein corrected by the U.S. Supreme Court. In in the police power of the federal govern- is how that analysis is likely to proceed: A. Specifically, § 3(a) proposes to amend striking down a hate-crime sentencing en- ment to punish. In their constitutional anal- § 700 of title 18 (the Criminal Code of the hancement law on First Amendment ysis of this section, the professors wonder United States). It does so, however, by sub- grounds, the Wisconsin court asserted that what especial federal interest there is in pro- jecting to criminal prosecution only such the U.S. Supreme Court’s R.A.V. decision tecting U.S. flags from theft and destruction person who—destroys or damages a flag of preordained the result. The U.S. Supreme on federal land over, to use one of their ex- the United States with the primary purpose Court then unanimously reversed the Wis- amples, ‘‘great-grandmothers’ wedding and intent to incite or produce imminent vi- consin court. It recognized, as Professors dresses.’’ To pose the question, though, is to Parker and Tribe assert about S. 931, that olence or a breach of the peace, and in cir- answer it. There is, as the Johnson and the ‘‘Wisconsin statute singles out for en- cumstances where the person knows it is rea- Eichman Courts conceded, a definite and sonably likely to produce imminent violence hancement bias-inspired conduct,’’ but found unique interest on the part of government in or a breach of the peace. that this singling out posed no First Amend- the flag of the United States. For people to Fairly (albeit strictly) read, the statute ment issue because such ‘‘conduct is thought be invited onto government property, per- thus may require both of the following mat- to inflict greater individual and societal haps, for example, to celebrate Armed Forces ters to be proved in any case brought pursu- harm, Wisconsin v. Mitchell, 508 U.S. 476 487– Day when they are likely to engage in flag- ant to this section—and both of these mat- 88 (1993). Among those legitimate concerns waving, and be subjected to theft and de- ters must, as in any other criminal case, be for harm that validated the law which the struction of property produces a special and Supreme Court enumerated were: a concern proved beyond reasonable doubt: distinctive harm that it is well within the 1. That ‘‘the primary purpose’’ (i.e., the for inspiring retaliatory crimes, the distinct government’s authority to punish. It is dif- emotional harms visited upon victims, and principal objective 3) sought by the defendant the likelihood that community unrest would was to incite ‘‘violence or a breach of the be engendered. Id. at 488. The Court further 1 He hesitates in his opinion, in part because he peace’’ and, indeed, that it was his specific found that the ‘‘desire to redress these per- mistakenly distinguishes the federal government intent to do just that; (which has no emotions) from the people that con- ceived harms provides an adequate expla- 2. That when he acted primarily to bring stitute that government (who do have emotions). about that result (and only secondarily, if at nation for its penalty-enhancement provi- The assertion of an interest on behalf of the people, sion over and above mere disagreement with as the Mitchell Court made evident, is a valid one by offenders’ beliefs or biases.’’ Id. the government. Footnotes at end of letter.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 3602 CONGRESSIONAL RECORD—SENATE March 27, 2000 all, to achieve some other aim), moreover, of the many (allegedly) offensive kinds of (were it thought to apply) would be unconsti- the circumstances were such that it was at ‘‘flag abuse’’ that have been a fairly com- tutional as applied unless the Court itself is least ‘‘reasonably likely’’ in fact his actions monplace feature of our political landscape prepared simply to overrule itself as there is would have precisely that consequence (as he during the past fifty years in point of fact. no reason to think it would or should. fully intended) even as he himself fully un- And unless these past practices suddenly C. And again, in still a different case, in derstood. take a different turn, therefore, whatever Spence v. Washington,20 the alleged 3. Likewise, however, according to the the pretensions of the sponsors of the bill criminalized misuse of a flag consisted of de- plain implication of its own terms as thus might be, there will be little or no real work fendant’s effrontery in having presumed to understood, nothing in this section 4 is for this proposed act to do.10 tape a peace symbol onto the face of a flag— meant otherwise to subject one to prosecu- But permit me to get quite specific about thus ‘‘defacing’’ it—which flag he then dis- tion merely for destroying or damaging a this last observation, since it may seem played (as a political demonstration of his flag of the United States—no matter how of- counterintuitive. Still, there is frankly no views) outward from the window of his apart- fensive or objectionable others may find any question that this observation is fully appli- ment for public view. Here, again, the Su- such act to be. And, specifically, to make cable, by way of example, both to the events preme Court reversed the conviction (a con- this latter matter quite clear in a relevant involved in Texas v. Johnson 11 and to those viction obtained under a state law forbidding fashion, § 2(a)(4) (which immediately pre- also involved in United States v. Eichman,12 such defacing and public display of a flag). It cedes § 3(a))—expressly distinguishes any and which events and cases previous bills (and reversed that conviction ‘‘on the ground that all cases where one destroys or damages a now this bill) were evidently meant to re- as applied to appellant’s activity the Wash- flag when one does so to ‘‘make a political spond to in some fashion, but that this bill ington statute impermissibly infringed pro- statement,’’ rather then merely ‘‘to incite a could by its own terms not affect at all.13 And tected expression.’’ 21 violent response.’’ 5 I press this observation, because precisely to In brief, here, too, the facts involved a po- 4. Subsection (a)(3) of § 2, separately de- the extent the bill has been drafted—and can litically expressive use of a physical flag, not clares that ‘‘abuse of the flag . . . may be construed—to avoid the constitutional in- burned, but nevertheless altered in a manner amount to fighting words,’’ which doubtless firmities of prior, failed, ‘‘flag protection’’ the state statute forbade, and then publicly is true (i.e., it may, just as the provision thus acts—by being very narrowly drawn as the displayed, as Spence saw fit to do. Moreover, also equally acknowledges, however, that it sponsors have striven to do, it merely indi- that Spence’s use of his flag in this way may may not.) To avoid constitutional difficul- cates limitations in no way reflecting on its have offended others (as indeed it did), or ties—difficulties that would arise from any drafters, but merely what the First Amend- may have motivated some even to want to broader understanding of this provision—it ment itself protects—and will continue to act against him in some way, was neither would be appropriate to interpret this provi- protect unless itself altered, amended, or here nor there. As the Court itself observed sion merely to declare that abuse of the flag abridged. in Spence: 22 ‘‘We are unable to affirm the may be a means chosen deliberately to pro- A. So, for example, in Texas v. Johnson, judgment below on the ground that the State voke a violent reaction and if undertaken just Justice Brennan begins the Opinion for the may have desired to protect the sensibilities for that purpose then—as in the instance of Court by expressly noting that Johnson was of passersby. ‘It is firmly settled that under ‘‘fighting words’’ (e.g., when ‘‘fighting convicted for publicly burning an American our Constitution the public expression of words’’ are themselves used not as a form of flag,14 but strictly as an expressive part and ideas may not be prohibited merely because political statement but, rather, in order to feature of a public and political demonstra- the ideas are themselves offensive to some of provoke a violent reaction)—it is the au- tion, neither more nor less, as Justice Bren- their hearers.’ ’’ 23 thor’s understanding that such conduct when nan expressly observed in the opening sen- D. The just-quoted portion of Spence, more- intended to incite a violent response rather than tence of the Court’s Opinion in the case.15 In- over, was itself taken from a still earlier to make a political statement is outside the deed, it was this fact—that the particular ‘‘flag-abuse’’ case, itself once again, how- protections afforded by the first amendment. acts of the defendant were so entwined—that ever, also involving a political demonstra- Again, taken this was, the observation may brought the first amendment to bear, and it tive destruction (burning) of a flag on the be substantially correct—but in being cor- was also this fact that served as the basis of public street, with the defendant’s convic- rect, it also covers very little ground.6 the Court’s decision reversing his convic- tion once again reversed on First Amend- B. Necessarily, all of this should mean 7 tion—nor would the proposed bill apparently ment grounds. In Street v New York,24 as in that even if the circumstances were such affect the case in any way at all.16 As Justice each of these other real cases, it was plain on that violence (or a breach of peace) could Brennan also noted in the case,17 while ‘‘sev- the facts that the incident was one involving reasonably be expected to result as a con- eral witnesses testified they were seriously the public expression of political feelings sequence of the defendant’s actions, so long offended by the flag-burning,’’ it was also (nor was there any evidence that Street pre- as it was not his primary purpose or intent clear that ‘‘[n]o one was physically injured sumed to burn a flag when and as he did to to induce or incite it—when he burned or de- or threatened with injury’’ by anything incite lawless action either against himself stroyed a flag 8—he is not to be subject to any Johnson said or did, including (among the or anyone else). Indeed, however, I have penalty under this law. Specifically, if this is things he did) burning a flag. found no case at all where it was plain that correct, all merely ‘‘reactive’’ violence—vio- B. Next, when this Congress nevertheless the ‘‘destruction of the flag of the United lence not sought as the immediate object by reacted to the furor created by the Supreme States’’ was in fact ‘‘intended to incite a vio- the defendant (who burns a flag as a political Court’s decision in Texas v. Johnson, by en- lent response rather than make a political statement or as a public, politically demon- acting the Flag Protection Act of 1989 (as I statement,’’ 25 so to lift it out from First strative act of protest) but violence by those and others urged it at the time not to do and Amendment protection, much less any that who, say, are but observors or passersby testified would not withstand constitutional appear to meet the full requirements of the made angry or indignant by what they re- scrutiny consistent with the Court’s decision act. gard as outrageous behavior by him, for ex- in Johnson), that act in turn was at once IV. Briefly Then To Sum Up: Unless the ample, is thus not to be utilized as sufficient tested by individuals who protested the act’s critical provision of the act is applied more reason to seek his imprisonment rather than enactment by very publicly burning flags in broadly than a tightly constrained construc- theirs.—Or so, at least, I believe the statute demonstrative opposition to the act itself.18 tion would approve 26— can be interpreted to provide. And if (and In reviewing the several convictions ob- (a) If thus construed (as it can be con- probably only if) it is so interpreted as I be- tained in the lower courts (under the new act strued) to apply only in circumstances con- lieve it thus can be understood, I think it of Congress) in both these cases, the Su- sistent with the requirements of Brandenburg will survive in the courts.9 preme Court at once did all of the following: v. Ohio, within that restricted field of appli- II. The vast majority of all instances when (a) It expressly affirmed its decision in John- cation, it may well be sustained in the Su- the American flag has been used in some son; (b) applied it to these cases (which had preme Court; fashion others find offensive (and some may been brought to it for prompt review of those (b) However, as thus very tightly con- be inclined to react to it in ways involving convicted under the new act of Congress); (c) strained, it will not reach many—possibly violence or a breach of the peace) have been reversed both convictions; and (d) held the not any—of the various kinds of ‘‘flag burn- so overwhelmingly merely an inseparable act unconstitutional as applied.19 ing’’ cases, or other ‘‘flag desecration’’ or part of some kind of obvious political state- Nor—and here’s the immediate point to ‘‘flag abuse’’ cases involving varieties of po- ment, however, that a criminal statute which these observations are meant to be litical expression and political demonstra- reaching such a use of the flag (including de- pertinent—do I read or understand the provi- tions previously held by the Supreme Court facing or burning a flag) only when ‘‘pri- sions of the proposed bill, S. 1335, as pre- to be protected by the First Amendment. marily . . . intended to incite a violent re- suming to try to dictate a different result in (c) Moreover, the cases it—the act—may sponse rather than [to] make a political any case involving similar facts and acts as clearly reach without substantial risk of statement,’’ will cover very little. For exam- were all present in these cases—for, indeed, being held unconstitutional as applied, are ple, so far as I can determine, it will cover no if it did, presumably the outcome would once cases involving acts already so subject to instance of public flag ‘‘desecration’’ of any again be the same—the act as thus applied such criminal penalties (e.g., for incitement

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3603 to violence or riot) as state and federal 2 That controlling case is almost certain to be ties lack encouragement or means to apply the reg- criminal law already cover, as to raise as a Brandenburg v. Ohio, 395 U.S. 444 (1969) (discussed ular force of applicable state criminal law, nor do I fair question respecting the need for or pro- infra, in footnote 9). think the sponsors of the bill could readily provide 3 priety of this legislation at all. And in brief, not a secondary or even related, co-equal, objec- examples of such local or state prosecutorial laxity. tive. . . . Far from this being the case, quite the opposite if this is so, one must finally ask, just what 4 To be sure, other sections do reach some other tends to be the rule—prosecutorial zeal in this area is there, if anything, of a constitutionally acts (e.g., ‘‘damaging a flag belonging to the United is surely the more usual response. The ‘‘need’’ for proper concern, that is honestly sought to be States’’ (§ 700(b)) or stealing or knowingly con- some overlapping, largely duplicative, criminal stat- served by the act? verting and destroying a third person’s flag (§ 700(c)), ute by Congress in this area, in short, is thus fare V. I am frankly unable to answer this last but these provisions are doubtless secondary in sig- from clear. question I have just posed, and may be for- nificance and so I defer consideration for such slight 11 491 U.S. 397 (1989). given a reluctance to speculate. Yet, what- discussion of these provisions as they are worth. 12 486 U.S. 310 (1990). 13 ever it is, it will be most unseemly, I cannot (Briefly, however, there is no likely problem with Indeed, however, the observation is fully applica- the provision re ‘‘a flag belonging to the United ble as well to virtually every other case the Su- help but believe, that Congress may exhibit States.’’ (See e.g., Spence v. Washington, 418 U.S. 405, preme Court and indeed the lower courts have had no equal interest in bringing to bear the full 409 (1974) (dictum) (‘‘We have no doubt that the occasion to consider during the past fifty years, in- impact of harsh national criminal sanctions State or National Governments constitutionally volving politically controversial uses of the flag. against anyone mistreating the flags of other may forbid anyone from mishandling in any manner Some of these are discussed infra in the text. nations in demonstrations of protest as may a flag that is public property.’’) As to a flag merely 14 (—For which he was promptly prosecuted under occur in this country, as Congress appears so owned by a third party, that one ‘‘steal[s], know- the relevant Texas statute punishing acts of phys- willing to provide for our own. But evidently ingly convert[s], and destroy[s],’’ there may be—as ical desecration of venerated objects including the the other commentators have noted—a federalism American flag as one such object, ultimately and this is what some in Congress appear eager problem (the act in this regard would not appear to successfully appealing that conviction to the Su- and willing to do. Again, however, I cannot meet any of the requirements under United States v. preme Court.). imagine why. Lopez, 514 U.S. 549 (1996), nor does the act appear to 15 491 U.S. 397, 399 (1989). Yet, if so, is this, then, finally to be the ex- be connected to any other enumerated power pro- 16 Johnson was not arrested or prosecuted for ‘‘in- ample of ‘‘liberty’’ and of ‘‘freedom’’ we now vided in Article I § 8 of the Constitution (e.g., the citing, or attempting to incite, a riot or violence,’’ mean to broadcast to the world?—That spending power, tax power, etc.). It remains argu- nor is there any reason to think he would not have Americans are free to burn the English able, however, that the same (merely implied) power been charged with that offense had the arresting of- Union Jack, or despoil the French Tricolor, providing Congress with legislative authority to es- ficers believed there were suitable grounds (rather tablish incidental insignia of nationhood (e.g., a there was simply no evidence that this was his in- or trample the flag of Canada, South Africa, flag, motto, seal, etc.) could conceivably permit it tent—to incite or to provoke a riot—in burning the Iraq, Pakistan, India, or Mexico, as they to draw on the ‘‘necessary and proper clause’’ to pro- flag in a public plaza—as an incident of expressing like, in messages and demonstrations of dis- tect personal flag ownership from interference (in- bitter feelings for ongoing proceedings in the Repub- content or protest as they may freely occur cluding interference by theft or conversion), so the lican Convention then in progress, in Dallas). in this country, but assuredly not (or not so ultimate answer to this question is a bit unclear. I 17 491 U.S. at 399. far as this Congress will be given license by agree with the other commentators, however, that 18 In one instance the defiance of Congress’ handi- the Supreme Court to prevent it) as to make without doubt state criminal (and tort) laws already work was demonstrated very publicly indeed, spe- reach all instances that would come within this pro- cifically, as noted in the Court’s subsequent Opin- any equivalent use of our own? And indeed vision—so it is at best redundant and may inadvert- ion, by several persons who ‘‘knowingly set[] fire to that this is how we now want to present our- ently?) represent still one more instance of gratu- several United States flags on the steps of the selves to the world? itously piling federal criminal sanctions on top of United States Capital while protesting various as- But I would hope, Senator Hatch, that you pre-existing state sanctions (a practice the Amer- pects of the Government’s domestic and foreign pol- and your colleagues would think otherwise, ican Bar Association, as well as the Chief Justice of icy’’ and virtually simultaneously by others, ‘‘by and that you will conclude that to ‘‘wrap the the United States, has recently asked Congress to knowingly setting fire to a United States flag in Se- flag’’ in the plaster casts of criminal stat- use more sparingly if at all). In brief, neither need attle while protesting the Act’s passage.’’ (See utes in this way—as this and virtually every for, nor any special utility of, these provisions has United States v. Eichman, 496 U.S. 310 at 312 (1990). been shown.) 19 United States v. Eichman, 496 U.S. 310 (1990). 27 similar bill seeks to do—would be a signal 5 Subsection (a)(4) of § 2, (‘‘Findings and Purposes’’) 20 418 U.S. 405 (1974). mistake. Its occasional burning, utterly un- declares (with emphasis and bracketed material 21 Id at 406. attended by arrest, by prosecution, by sanc- added) that ‘‘destruction of the flag . . . can [but 22 Id at 412. tions of jail and imprisonment, is surely a need not] be intended to incite a violate response 23 And in Spence, note, too, that the Court had also far better tribute to freedom than that it is rather than make a political statement and such con- declared: ‘‘Nor may appellant be punished for failing never burned—but where the explanation is duct [presumably meaning by ‘such conduct’ only to show proper respect for our national emblem [cit- not that no one is ever so moved to do (we such conduct as is indeed intended to incite a vio- ing still previous decisions of the Court].’’ There was lent response and not intended to make a political no novelty in any of this. The Court has for decades know some are) but are stayed from doing so statement] is outside the protections afforded by the made it perfectly plain that the first amendment by fear of being imprisoned, as some would first amendment. . . .’’ As thus understood (i.e., un- protected uses of flags (e.g., incidental to political seek to have done. That kind of inhibiting derstood as aided by the words I have placed in demonstrations) were not to be made subject to any fear is merely the example even now, half- brackets), the subsection is not necessarily inac- offended person’s veto; nor may the state use the way around the world. It is furnished in a curate as a strict first amendment matter. disturbance of the peace, much less the threat of place called Tianamen Square. It is a quiet, 6 (See discussion infra in text at II.). riot, by persons affronted or made angry over one’s 7 And to avoid first amendment objections, must provocative use of first amendment rights (including well-ordered place.28 But Tianamen Square is probably be construed to mean. . . . flag uses) as a justification to arrest the person ex- not what ought to appeal to us—it is but a 8 Whether as ‘‘a political statement’’ or for any ercising those rights. See e.g., R.A.V. v. City of St. quietude of repression, it has a desuetude of other purpose. . . . Paul, 112 S. Ct. 2538 (1992); American Booksellers v. fear, it is a place occupied by the harsh re- 9 As thus construed and applied, it may meet the Hudnut, 771 F.2d 323 (7th Cir. 1985), summarily aff’d, gime of criminal law. It furnishes no exam- test provided in Brandenburg v. Ohio, 395 U.S. 444, 447 475 U.S. 1001 (1986); Houston v. Hill, 482 U.S. 451 (1987); ple whatever of a sort we should desire to (1969) (‘‘[Our decisions] have fashioned the principle People v. Cohen, 403 U.S. 15 (1971) (‘‘[T]he issue is emulate or pursue.29 that the guarantee of free speech . . . do not permit whether California can excise, as ‘offensive conduct’ So, I hope in the end that you and your a State to forbid or proscribe advocacy of the use of one particular scurrilous epithet from public dis- colleagues may come to believe the flag of force or of law violation except where such advocacy course, either upon the theory . . . that its use is in- is directed to inciting or producing imminent law- herently likely to causes violent reaction or upon a the United States is not honored by putting less action and is likely to incite or produce such ac- more general assertion that the State, acting as those who ‘‘abuse’’ it, whether in some egre- tion.’’). If such ‘‘advocacy’’ (i.e., such ‘‘speech act’’ guardian of public morality, may properly remove gious or in some petty incendiary fashion, in as one engages in) is directed to ‘‘inciting or pro- this offensive word from the public vocabulary. * * * prison or in jail. Rather, let us regard them ducing’’ imminent lawless action (and is ‘‘likely to The argument amounts to little more than the self- even as Jefferson spoke more generally to incite or produce such action’’), on the other hand, defeating proposition that to avoid physical censor- such matters in his first Inaugural Address,30 the Court plainly implies that ‘‘the guarantees of ship of one who has not sought to provoke such a re- leaving them ‘‘undisturbed as monuments of free speech’’ do not immunize one from arrest or sponse by a hypothetical coterie of the violent and from prosecution under a suitably framed, properly lawless, the State may more appropriately effec- the safety with which error of opinion may applied law. tuate that censorship [itself].’’); Rosenfield v. New be tolerated where reason is left free to com- 10 Moreover, to the extent there is any such useful Jersey, 408 U.S. 901 (1972); Lewis v. New Orleans, 408 bat it,’’ as surely is true. work, such as it might be thought to be, it would be U.S. 913 (1972); Brown v. Oklahoma, 408 U.S. 914 (1972); Sincerely, largely merely redundant of what is already subject Gooding v. Wilson, 405 U.S. 518 (1972); Terminiello v. WILLIAM VAN ALSTYNE. to a multitude of state and local criminal laws— Chicago, 337 U.S. 1, 4 (1949) (‘‘[A] function of free laws that already reach incitement to riot, violence, speech under our system of government is to invite FOOTNOTES or breach of the peace, whether or not it involves dispute. It may indeed best serve its high purpose 1 It is the firm practice of the Supreme Court to torching a flag. Nor is there any reason at all to be- when it induces a condition of unrest, creates dis- construe acts of Congress very stringently (i.e., nar- lieve that any of the states—all of which already satisfaction with conditions as they are, or even rowly) when any broader construction would at once have such laws—are either unable or unwilling to stirs people to anger.’’) Cantwell v. Connecticut, 320 draw it into serious first amendment question. (For bring the full force of any such merely standard U.S. 296 (1940). See also Skokie v. National Socialist useful and pertinent examples, see National Endow- criminal statutes to bear when any actual case Party, 373 N.E.2d 21 (Ill. 1978). ment for the Arts v. Karen Finley et al., 118 S.Ct. 2168 would arise of a kind any of these criminal statutes 24 394 U.S. 576 (1969). (1998); Watts v. United States, 394 U.S. 705 (1969); Yates can validly reach. In brief, this is simply not a sub- 25 —Whether or not by means one could expect to v. United States, 354 U.S. 198 (1957).) ject where state or local law enforcement authori- stir some to resentment or anger (that it may do so

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 3604 CONGRESSIONAL RECORD—SENATE March 27, 2000 does not in any degree make it less of a means of The PRESIDING OFFICER. The Sen- We are dealing here with a nonissue. making a political statement on that account). ator from Utah is recognized. No one is burning the flag in America 26 —In which event, if it is given any significantly broader sweep it is likely to be held unconstitu- Mr. BENNETT. Mr. President, I am today in any discernible numbers. No tional (even as Professors Presser and Cassell sug- not happy rising in this situation be- one is creating outcry throughout our gested). cause it puts me in a difficult personal populace. No one is doing anything to 27 —And even some proposed amendments to the conundrum. I have enormous respect Constitution itself. incite any kind of reaction over this 28 No one would dare burn the national flag of The for my senior colleague, Senator issue. This is a nonissue that came out Peoples’ Republic, not now, not in Tianamen HATCH, who is a primary sponsor of of the 1960s and 1970s. We are 30 years Square. this resolution. He has been gracious to beyond the time when this was some- 29 The better contrasting example we should desire to furnish, surely, is to be found in the compelling me as a junior Senator entering this thing really happening in this country. remarks by Thomas Jefferson in his own first Inau- Chamber. He has supported me and If we adopt this amendment, we will gural Address. It was Jefferson’s straightforward guided me and counseled me in ways be putting a symbol in the Constitu- view that— that are invaluable. tion that I do not want my name at- ‘‘If there be any among us who would wish to dis- solve this union or change it republican form, let I do my very best, on every possible tached to. The symbol will be this: We them stand undisturbed as monuments of the safety occasion, to stand with Senator HATCH will have decided that whenever the with which error of opinion may be tolerated where and to support him and recognize his Congress, responding to public opinion, reason is left free to combat it.’’ great wisdom, particularly in matters disagrees with a Supreme Court deci- 30 (See quotation supra, n. 29.) relating to the law. I am unburdened sion, they will amend the Constitution, GEN. COLIN L. POWELL, USA (RET), with a legal education, and he is one of and they will even do it if the issue is Alexandria, VA, May 18, 1999. the better lawyers in this body, so I do a nonissue. The words will lie there. I Hon. PATRICK LEAHY, what I can to listen to him and follow think they won’t make much difference U.S. Senate, Washington, DC. him. Unfortunately, on this issue, I am one way or the other, but they will be DEAR SENATOR LEAHY: Thank you for your unable to follow him. That is why there as a symbol of our willingness to recent letter asking my views on the pro- there is some personal angst in the fact overturn more than 200 years of tradi- posed flag protection amendment. I love our flag, our Constitution and our that I take the floor to make this tion with respect to individual rights country with a love that has no bounds. I de- statement. as outlined in the first amendment. fended all three for 35 years as a soldier and I am not a lawyer, but I do have an That is a symbol of what I consider to was willing to give my life in their defense. academic background as a political sci- be our foolishness to which I do not Americans revere their flag as a symbol of entist. That was my degree in college. want my name attached. the Nation. Indeed, it is because of that rev- In that situation, I spent a good deal of For that reason, I am not in support erence that the amendment is under consid- time studying the Constitution, study- of this amendment. I have taken the eration. Few countries in the world would think of amending their Constitution for the ing the circumstances surrounding its floor opposing this amendment on a purpose of protecting such a symbol. adoption, and studying particularly the previous occasion and so do now. We are rightfully outraged when anyone Federalist Papers, which were the po- I will make one other comment be- attacks or desecrates our flag. Few Ameri- litical tracts written at the time to try fore I sit down. I have just come from cans do such things and when they do they to achieve ratification of the Constitu- a television interview where the issue are subject to the rightful condemnation of tion. was campaign finance reform. The Vice their fellow citizens. They may be destroying From that study, I have come to the President has just made a very long a piece of cloth, but they do no damage to our system of freedom which tolerates such conclusion that this amendment to the and stirring call to arms that we must desecration. Constitution would be a mistake. Be- somehow protect the Nation against If they are destroying a flag that belongs cause I have taken an oath in this the rising cancer of what he calls ‘‘spe- to someone else, that’s a prosecutable crime. Chamber to uphold and defend the Con- cial interest money.’’ I think the Vice If it is a flag they own, I really don’t want to stitution to the best of my ability, and President is profoundly wrong in his amend the Constitution to prosecute some- have come to the conclusion that I can- understanding of what happens in the one for foolishly desecrating their own prop- not be true to that oath, as I under- campaign situation. I will save that erty. We should condemn them and pity them instead. stand it—I cast no aspersions on those discussion for another time. I understand how strongly so many of my who interpret the oath differently—I The thing he did not say and that I fellow veterans and citizens feel about the will not vote for this amendment. Peo- tried to say in my television response flag and I understand the powerful sentiment ple say: What is wrong with it? It is to the Vice President was that he was in state legislatures for such an amendment. simply enabling language. You read the ignoring the constitutional implica- I feel the same sense of outrage. But I step language, and it is indeed relatively in- tions of what he was proposing. As I back from amending the Constitution to re- pointed out to the television audience, lieve that outrage. The First Amendment ex- nocuous. Do I think it would damage or ists to insure that freedom of speech and ex- mar the Constitution in some funda- one of the more honest members of the pression applies not just to that with which mental way if it were adopted? No, I Democratic Party, Senator HOLLINGS, we agree or disagree, but also that which we don’t. So why not go along with my will be on the floor in this debate to find outrageous. colleague and go along with public recognize that you cannot do what the I would not amend that great shield of de- opinion and go ahead and put it in the Vice President wants to do with re- mocracy to hammer a few miscreants. The Constitution? spect to campaign finance reform un- flag will still be flying proudly long after they have slunk away. Let me share with my colleagues my less you amend the first amendment, Finally, I shudder to think of the legal mo- reasoning on this. The flag is a symbol. unless you amend the Constitution. rass we will create trying to implement the By itself, intrinsically, it is nothing There are some who are not as honest body of law that will emerge from such an more than a piece of cloth or several as Senator HOLLINGS who are saying amendment. pieces of colored cloth sewn together. you can do it without amending the If I were a member of Congress, I would not It has great power as a symbol because Constitution. Senator HOLLINGS will vote for the proposed amendment and would fully understand and respect the views of of what it represents, and we must do have an amendment to the Constitu- those who would. For or against, we all love what we can to teach respect for that tion. Again, I think he is profoundly our flag with equal devotion. symbol among our youth and to main- wrong, but he is at least honest and Sincerely, tain that respect as we mature. straightforward and open about his in- COLIN L. POWELL. The Constitution is something more tentions. Mr. MCCONNELL. Mr. President, I than a symbol. The Constitution is our An editorial ran in the Washington yield the floor. fundamental basic law. Everything we Post some years ago, speaking of my- The PRESIDING OFFICER. Who do is measured against it. If we do self and other Republicans, and said: If yields time? something in this body that does not they were really serious in their oppo- Mr. MCCONNELL. Mr. President, I meet that measure, it is appropriately sition to campaign finance reform on yield such time as he may need to Sen- struck down and made invalid. The constitutional grounds, they would op- ator BENNETT. Constitution is more than a symbol. pose the flag amendment as well. I had

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3605 already made up my mind and had al- are a variety of ways in which flags are I noted on one of the rare times I ready made public statement of my in- displayed in this country that, it seems have been in the Oval Office with Presi- tention to oppose the flag amendment. to me, might be arguably inappro- dent Clinton, the flag that hangs be- I say to those who are in favor of the priate. hind the President’s desk has a gold flag amendment but claim they want I wonder if the Senator from Utah edge on it. If indeed we were to come to the Hollings amendment, they should thinks if this amendment were to be- the conclusion that that was a desecra- adopt the same kind of consistency come part of the Constitution, we tion of the flag and that all acts taken that the Washington Post urged upon would have a definitional problem here in the presence of a flag thus dese- the rest of us. If they oppose the flag as well. crated were illegal, then every bill amendment, they should oppose the Mr. BENNETT. Mr. President, the signed by the President in the Oval Of- Hollings amendment with respect to Senator from Kentucky has raised a fice under that definition would be ille- campaign finance reform as well. very interesting question because, as I gitimate. Obviously, I don’t think it The Hollings amendment on its his- understand it, the requirement for a will go to that point. But I think the tory will lose. It will lose overwhelm- definition would fall to the Congress Senator from Kentucky has made a le- ingly because most people do not want under this amendment, which means it gitimate point as to who is going to to tinker with the first amendment. would be decided by statute. It is the argue which position with respect to One of my colleagues said: I don’t want intention of the Senator from Ken- what constitutes improper handling of to look back on my history as a Sen- tucky to solve the whole problem by the flag. ator and say the most significant vote statute from the beginning. The con- Mr. MCCONNELL. Mr. President, it I cast the whole time I was there was stitutional amendment would end up could be argued that we might even one that weakened the Bill of Rights. being subject to congressional defini- need ‘‘Federal flag police’’ to go around I don’t either. I do not intend to vote tion, as I understand it, and we would and look after proper respect to the for the Hollings amendment, and I do be right back where we are right now. flag under this amendment. It seems to not intend to vote for the Hatch We would have put this symbol in the me if we were going to take it seriously amendment. I think it is consistent Constitution and not have resolved any and amend the first amendment for the that we stand firm to protect the lib- of the issues the Senator from Ken- first time in 200 years and enshrine this erties of the people to express their tucky raises. in the Constitution, presumably we views however much we disagree with I think it is a very appropriate issue would take this as a serious matter. them. to be raised at this point. I can’t give Mr. BENNETT. There is no question A final footnote, if it is that: The you a definition of what constitutes but that there would be pressures to Senator from Kentucky has shown desecration of the flag. move in the direction the Senator from great leadership in crafting a bill that Mr. MCCONNELL. I had a marvelous Kentucky is talking about. I come can solve this nonexistent problem for friend who was a veteran of World War back to my same observation, which is those who insist that we must have a I. He lived up until a couple years ago. that if we wanted to do that, we could solution in a statutory way. It will not He lived in my hometown of Louisville, do it by statute. We could do it right amend the Constitution. It will lay KY. His mission, toward the end of his now. We don’t need to amend the Con- down a statutory marker to which all life, was to make sure that flag eti- stitution in order for the Congress to of us can repair. I urge the adoption of quette was always followed. He had be- pass laws with respect to appropriate the statutory solution to this situation come an expert on the subject of flag flag etiquette and apply penalties to as drafted by the Senator from Ken- etiquette, which is apparently quite those who violate the flag etiquette. I tucky and urge the Senate not to tin- complicated because it includes ways am not sure I would vote for those ker with the first amendment and first in which the flag can be displayed, in kinds of laws, but we have the author- amendment rights, either in the name addition to what we are all familiar ity to do that. I think the statute of- of protecting the flag or in the name of with as Boy Scouts, about folding the fered by the Senator from Kentucky, of clean elections, both of which are flag properly. He was constantly irri- which I have the privilege and honor of worthwhile goals. There are better tated and offended by ways in which being a cosponsor, moves us in the sen- ways to do it. In this Chamber, we can well-meaning citizens groups used the sible direction to that extent, without debate those ways. flag that he felt were a violation of re- leaving behind, as I say, a symbol of, in I yield the floor. spect with which the flag should be my view, overreaction in the Constitu- The PRESIDING OFFICER. Who treated in a category of behavior gen- tion itself. yields time? erally referred to as flag etiquette. Mr. MCCONNELL. Finally, I am not Mr. MCCONNELL. Mr. President, I Frankly, we were all somewhat con- an expert on these matters, but I am listened with great interest to the com- fused in trying to do that properly. told that the appropriate way to dis- ments of the junior Senator from Utah, I wonder if we would not, here in the pose of a flag that is tattered and real- with whom I agree on this issue en- Congress, be right back in the same ly torn—in fact, I saw one recently at tirely. soup, so to speak, as the Senator from a school where I brought them a flag One of the items I would like to en- Utah points out, in trying to determine that had been flown over the Capitol as gage him on—I certainly didn’t cover it what is and what isn’t proper respect a replacement for a flag that had flown in my comments, and in listening to for the flag. at this elementary school for a long his, neither did he—was the defini- Mr. BENNETT. Mr. President, the time; it was battered and torn and was tional difficulty, in addition to all the Senator from Kentucky reminds me of going to be destroyed. I am told the ap- other reasons why the Constitution or a similar individual in the State of propriate way to do that is to burn it. the first amendment should not be Utah who constantly berates me every I wonder if the Senator from Utah amended for the first time in 200 years, time he gets the opportunity on what shares my view with regard to if that for either one of these proposals. he considers to be a desecration of the is, in fact, the appropriate way to dis- Focusing on the flag desecration flag, which is the addition of gold pose of a flag that actually has reached amendment, it leads the Senator from fringe to the edge of the flag. He insists the end of its useful life, how would we Kentucky to ask the Senator from that has a particular legal implication determine which flag burning was a Utah if he understands what flag dese- and, indeed, went to the point of insist- desecration and which was actually an cration is, because I have always had a ing that if a Federal judge presides in honor? little difficulty trying to figure out a courtroom where the flag has gold Mr. BENNETT. The Senator raises a what that was. I remember I took my fringe on its edge, the actions of that very worthwhile point. It is my under- kids to the beach one time and saw lots Federal judge are not legal and that standing as well that the appropriate of flags on T-shirts. I even saw one on the flag, to be properly displayed, must way to destroy a flag that has outlived the behind of some blue jeans. There have no gold edge. its usefulness, or destroy its remnants,

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 3606 CONGRESSIONAL RECORD—SENATE March 27, 2000 is to burn it. That is considered an act the writing of the Constitution. On Chiefs of Staff. He puts it probably bet- of great respect. So it becomes a ques- that day, 55 of us went back into the ter than I can. I read it only to de- tion of determining motive; and you chamber where they wrote the Con- scribe again that there are some who can’t simply regulate the act, you have stitution. Men, women, and minorities say, well, if you are not supporting a to go into an understanding of the mo- were among the 55 of us who went into constitutional amendment to prohibit tive of the act, and, once again—— that room. Sitting in that room, I got desecration of the flag somehow you Mr. MCCONNELL. You have to un- the chills because I saw the chair don’t support the flag or you are un- derstand intent, I say to the Senator. where George Washington sat as he worthy. That is not the case at all. I Mr. BENNETT. Yes, intent. And, presided over the Constitutional Con- hope all of us will respect the various once again, if you are dealing with the vention. You can see where Ben Frank- positions on this. first amendment, the first amendment lin, Mason, Madison, and others sat as Let me read the letter from Gen. is very clear that Congress shall make they discussed the development of a Colin Powell. no law that impacts on intent; it only constitution for this new democracy of He said: has to do with actual acts. If you speak ours. That Constitution begins with I love our flag, our Constitution and our against the Government, that is fine. If the three words: We the people. Then it country with a love that has no bounds. I de- you enter into a conspiracy to actually describes the framework for self-gov- fended all three for 35 years as a soldier and was willing to give my life in their defense. overthrow the Government, it becomes ernment, representative democracy. Americans revere their flag as a symbol of an overt act, and the act is dealt with, That framework has served this the Nation. Indeed, it is because of that rev- but not your intention to demonstrate country very, very well over a very erence that the amendment is under consid- your disapproval. long period of time. As I understand it, eration. Few countries in the world would So I think the Senator from Ken- there have been over 11,000 proposals to think of amending their Constitution for the tucky raises a very significant point as change the Constitution since the Bill purpose of protecting such a symbol. to how pernicious this could be if it of Rights. There have been 11,000 dif- We are rightfully outraged when anyone attacks or desecrates our flag. Few Ameri- were part of the Constitution as op- ferent ideas on how to alter the U.S. cans do such things and when they do they posed to a statute. Constitution. Fortunately, over two are subject to the rightful condemnation of Mr. MCCONNELL. Mr. President, I centuries, 17 have prevailed. The fram- their fellow citizens. They may be destroying thank the Senator for his important ers of the Constitution actually made a piece of cloth, but they do no damage to contributions. It reminds me of when it fairly difficult to amend the Con- our system of freedom which tolerates such we discussed this issue previously. It stitution. They did that for good rea- desecration. leads me to believe that the appro- son. Only 17 of the 11,000 proposals have If they are destroying a flag that belongs to someone else, that’s a prosecutable crime. priate way to deal with someone who actually prevailed. Those 17, of course, If it is a flag they own, I really don’t want to desecrates the flag might be a punch in are significant. Three of them are Re- amend the Constitution to prosecute some- the nose as opposed to evisceration of construction-era amendments that one for foolishly desecrating their own prop- the first amendment to the U.S. Con- abolished slavery and gave African erty. We should condemn them and pity stitution, which we have not changed— Americans and women the right to them instead. and I think wisely—in the 200-year his- vote. There have been amendments I understand how strongly so many of my tory of our country. limiting the President to two terms fellow veterans and citizens feel about the I thank the Senator from Utah. flag and I understand the powerful sentiment and establishing an order of succession in state legislatures for such an amendment. I yield such time as he may desire to for a President’s death or departure I feel the same sense of outrage. But I step the distinguished Senator from North from office. back from amending the Constitution to re- Dakota. We have had proposals, for example, lieve that outrage. The First Amendment ex- The PRESIDING OFFICER. The Sen- to amend the Constitution to provide ists to insure that freedom of speech and ex- ator from North Dakota is recognized. that the Presidency shall be rotated pression applies not just to that with which Mr. DORGAN. Mr. President, I thank with one term by a President from the we agree or disagree, but also that which we the Senator from Kentucky and the southern part of the United States and find outrageous. Senator from Utah. This has always I would not amend that great shield of de- then the next term by a President from mocracy to hammer a few miscreants. The been a very difficult issue for me. I the northern part. That is just one ex- flag will be flying proudly long after they voted against a constitutional amend- ample of the 11,000 proposals to change have slunk away. ment to prohibit flag desecration both the U.S. Constitution. It has been done Finally, I shudder to think of the legal mo- as a Member of the House of Represent- only very rarely. rass we will create trying to implement the atives and also previously as a Member I indicated to those who support a body of law that will emerge from such an of the Senate. But it has been very dif- constitutional amendment that when amendment. If I were a member of Congress, I would not ficult, largely because I believe, as do we are confronted with this question vote for the proposed amendment and would most Americans, that desecrating our again—I greatly respect their views; I fully understand and respect the views of flag is repugnant. It is an act that none know they have great passion in doing those who would. For or against, we all love of us would find anything other than so; they are patriots—I would do a sig- our flag with equal devotion. disgusting. Yet the question is not nificant review once again, and I have. I think this letter from Gen. Colin that; the question is, Shall we amend I reviewed virtually all of the writings Powell says it well, particularly when the Constitution of the United States? of the constitutional scholars on this he says: As I said on two previous occasions, I issue. I read almost anything anyone I would not amend that great shield of de- have voted against a constitutional has written about it, evaluated all of mocracy to hammer a few miscreants. The amendment to prohibit the desecration the research, and concluded once again flag will be flying proudly long after they of the flag, not because I believe the that I think the best approach would have slunk away. flag is not worth protecting—I believe be to pass a statute of the type de- The statute that has been introduced it is worth protecting—but because I scribed by the Senator from Kentucky by my colleagues from Utah and Ken- believe the Constitution should be al- and the Senator from Utah, and pro- tucky, cosponsored by myself, Senator tered only rarely and only in cir- vide protection for the flag in that CONRAD and others, is a statute that of- cumstances where it is the only meth- manner which constitutional scholars fers some protection. I am convinced od available to achieve a desired result. of the Congressional Research Service that it would be upheld constitu- The Constitution was written by 55 say will be upheld by the Supreme tionally, and the constitutional schol- men over a couple of centuries ago. The Court. I believe that is the more appro- ars of the Congressional Research Serv- room in which they wrote that docu- priate and right approach as opposed to ice have written us with their opinion ment still exists, the assembly room in amending the Constitution. that it would be upheld as well. Constitution Hall. I was privileged to I will read something from Gen. Colin I believe in every circumstance we go back there for the 200th birthday of Powell, former Chairman of the Joint ought to find ways to do that which is

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necessary and which is important with- MCCONNELL for whom I have the great- tion, which this amendment would au- out the resulting desire to change the est respect. thorize Congress to do, will lead some- framework of this democracy, the Con- I think we need to look very care- how to the destruction of freedom. I stitution. fully at this issue. The Constitution disagree. Our Constitution was care- I greatly respect those who disagree has been amended. Actually, it has fully crafted to protect our freedoms, with me, but I believe that over a long been amended 27 times—not 17—once not to diminish them. It also was craft- period of time—a decade, a half a cen- with the first 10 amendments, of ed to promote responsibility. We are tury, a century—America will be better course, and 17 times later. When it was stepping on very dangerous ground served if we resist the impulse to amended, it was amended to clarify, to when we allow reckless behavior such amend the Constitution in ways that make clear. That is why we have an as flag desecration, whether burning, will create unintended consequences. amendment process. That is why the trampling, or whatever the desecration Once again, that room in which founders put it in there. may be. George Washington, Madison, Mason, I do not think the constitutional Re- This Constitution has served the test Franklin, and others wrote the Con- public will tremble, shake, and fall be- of time very well. It has been amended stitution of the United States with the cause we decide to deal with an issue on 27 occasions. Interestingly enough, advice and consent of Thomas Jeffer- such as flag desecration with an the first ten amendments, the Bill of son, who was serving in Europe at the amendment. That seems to be the gist Rights, passed shortly after the Con- time and contributed most to the Bill of what we are hearing, perhaps in an stitution itself was passed. Why? Be- of Rights, contains a great sense of his- overly legalistic argument that some- cause they wanted to clarify. They tory for those of us who have been how the constitutional Republic will didn’t want anybody to misunderstand there, as well as an understanding that have acted irresponsibly to pass an that we needed to have certain basic the framework for our democracy, the amendment to the Constitution which freedoms such as the freedom of U.S. Constitution, is a very special and would stop the desecration of the flag. speech, freedom of religion; the second very precious document. It should be I am an original cosponsor of the amendment, the right to keep and bear changed only in rare circumstances, constitutional amendment introduced arms, and so forth. and even then only when it is the last by Senator HATCH, S.J. Res. 14. I am Oftentimes in the debates on the method available for achieving a result proud to be a cosponsor of that amend- floor of the Senate many of my col- we deem imperative for this country. ment. leagues pick and choose which amend- I believe the statute that has been of- The act of the desecration of the U.S. ments they choose to support and fered as an amendment is a statutory flag is an aggressive and a provocative which they choose to ignore. It is all approach that will solve this issue in act. It is also an act of violence against the Constitution. Under our discussion, I don’t think an appropriate way, and will at the a symbol of America, our flag. Even the Supreme Court has more power same time preserve the Constitution as more disturbing, it is an act of violence than the people. If we were to vote intended, especially with the Bill of against our country’s values and prin- today or tomorrow or the next day on Rights and most especially with the ciples. this constitutional amendment on flag care that Congress and the American The Constitution guarantees free- desecration, it goes to the people. It people have nurtured over nearly two dom. There is no question about it. It goes to the State legislatures. We are guarantees freedom of speech. But it centuries. not making a final judgment. This is a Mr. President, let me commend the also seeks to ensure, in the words of constitutional process. It was very Senator from Kentucky. I know this the Preamble, ‘‘domestic tranquility.’’ carefully laid out by the founders so Many Americans have given their amendment has been offered before on that amendments would be very dif- lives to protect this country as symbol- the floor of the Senate. I heard the de- ficult to pass. If the American people ized by that flag. My own family, as bate by the Senator from Kentucky support Congress if it passes, then we thousands of other families, endured and the Senator from Utah. I concur will have an amendment to the Con- the same thing. My dad died in World with that discussion and hope we can stitution, No. 28. If they don’t, it will War II, and my family has that flag. It achieve a positive vote on this proposal not happen. All we are asking is the op- when it is voted on. is a very important item in our home, portunity to let the people make the I yield the floor. as it is in Senator MCCONNELL’s home decision. The PRESIDING OFFICER (Mr. when he mentioned his father. Amending the Constitution is seri- GRAMS). The Senator from Kentucky. I believe the flag deserves the con- ous, but a simple statute is not enough. Mr. MCCONNELL. Mr. President, I stitutional protection because it is We tried that and the Court struck thank the Senator from North Dakota more than just a flag. It is more than down the statute. for his remarks. I listened carefully to just a symbol. A little bit of history on the legal them and am glad to have him cospon- I use the example of a $5 bill which I history of flag burning is relevant. sor the amendment. I hope the amend- happen to have in my hand. If this is Over the years, Congress and the ment will prevail this time, as opposed merely a symbol and has no other States have recognized the devotion to the constitutional amendment. meaning, then I suppose I could ask our diverse people have for the flag and I thank my friend from North Da- millions of Americans to send me $5 they have enacted statutes over the kota. bills and I will be happy to send them years that both promote respect for the The PRESIDING OFFICER. Who back plain pieces of paper because it is flag and protect the flag from desecra- yields time? The Senator from New just paper. This is paper, therefore it is tion. Hampshire. a symbol, and it doesn’t have any In the Texas v. Johnson case in 1989, Mr. SMITH of New Hampshire. Mr. meaning. So I can take all these pieces by 5–4 vote, referred to earlier in the President, this is one of those issues of paper and send them back to you in debate, the Supreme Court overturned that is very emotional. We have people return for $5 bills. a conviction of Gregory Lee Johnson on both sides who truly have the same If anybody does choose to do this, I who desecrated an American flag. goals. We believe alike—that those who will be happy to provide it to some Johnson burned an American flag at burn the flag or desecrate the flag in charity. I am not looking for $5 bills to the 1984 Republican National Conven- any way are despicable people for be mailed to me. tion. A fellow protester had taken a whom we should have no sympathy. There is something beyond the mean- flag from a flagpole and had given the I say up front, before I make my re- ing of just this piece of paper on this $5 flag to Johnson. At Dallas City Hall, marks, that I certainly have the deep- bill, and there is something beyond the Johnson unfurled the flag, poured ker- est respect for all of my colleagues who meaning of just a piece of cloth with osene on it and burned it. believe that we do not need a constitu- the flag of the United States. Some That is not speech, I say in all hum- tional amendment, especially Senator people believe outlawing the desecra- bleness, candor, and with respect to my

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 3608 CONGRESSIONAL RECORD—SENATE March 27, 2000 colleagues. That is not speech. That is There are limits on speech. It is sim- cohesion, that bond, that special thing an action. That is a direct action of ply incorrect to say there are no limits that makes us Americans. We can desecrating the symbol of America. to free speech. There are limits to free carry it into battle. We can have it While the flag burned, protesters speech, and it has been held as being standing behind the Presiding Officer. chanted ‘‘America, the red white and constitutional. ‘‘Fire’’ in a crowded We salute it every morning, as Senator blue, we spit on you.’’ theater was held to be unconstitutional MCCONNELL said, before we start our A few moments ago, my colleague in Schenk v. U.S. in 1919. proceedings. If we can salute it, we can from Utah, Senator BENNETT, was say- There is no constitutional right to protect it. What is wrong with that? ing he didn’t know whether we would disclose State secrets. Some have got- I repeat for emphasis, err on the side be able to determine whether or not ten away with it, but we don’t have the of caution. It is not going to cause the somebody who takes the flag with re- constitutional right to go out to the destruction of America because we re- spect and disposes of it the way we are media and announce all the national inforce something we believe in by supposed to dispose of it under law secrets that we have access to as Sen- amending the Constitution. —burning it in a respectful way— ators, along with many individuals who James Madison stated that desecra- whether there would be any confusion. work for the U.S. Government who tion of the flag is ‘‘a dire invasion of I do not think there is any confusion have access to U.S. secrets. They don’t sovereignty.’’ between that act and what I just re- go out and hold press conferences, nor Thomas Jefferson considered viola- ferred to, ‘‘America, the red white and do they tell our enemies what those se- tion of the flag worthy of a ‘‘system- blue, we spit on you,’’ when the flag crets are. There is not a constitutional atic and severe course of punishment.’’ was torn down from a flagpole and ker- right to disclose those secrets. S.J. Res. 14 would remove the Gov- osene was poured on it. I don’t know There is no constitutional right to ernment sanction of flag desecration why anybody would be confused by defame or libel a person’s character. and flag burning. The Judiciary Com- that. That was upheld in Gertz v. Welch. mittee found in hearings that there Johnson was convicted of desecration There is no constitutional right to en- have been between 40 and several hun- of a venerated object, in violation of gage in partisan political activity in dred acts of flag desecration over the section 42.09 of the Texas Penal Code working for the Federal Government. past decade. Our Supreme Court has which, among other things, made ille- There is no constitutional right to granted the flag burner a sanction gal the intentional or knowing desecra- commercially promote promiscuous ac- under the first amendment to engage tion of a national flag. The Court held tivity by minors. in the conduct of burning an American the government’s interest did not out- The American flag has not been given flag. weigh the interest of the flag burner. that protection by the Supreme Court. Forty-nine State legislatures and The act was not oral or written polit- Congress has a compelling interest in most of the American people want an ical speech; it was conduct. It was con- protecting the flag. Congress needs to amendment to protect the American duct, not speech. There is a difference. preserve the values embodied by the flag. All we are doing, if we can get the Justice Rehnquist, for himself and flag—liberty, equality, freedom, and requisite number of votes, is to pass an Justices White and O’Connor, stated in justice for all. amendment on to the people and the dissent: For more than 200 years, the The flag enhances national unity and legislatures to make a final decision. American flag has occupied a unique our bond to one another in our aspira- Our heritage, sovereignty, and values position as the symbol of our Nation, a tion for national unity. If we read his- are uniquely represented by this flag. uniqueness that justifies a govern- tory about the fall of the Roman Em- The flag of the United States of mental prohibition against flag burn- pire, it is when Rome lost the glue that America has long unified our country- ing in the way respondent Johnson did held it together, when they became too men during times of great strife, up- here. big, they became so splintered and heaval, and during the more common The constitutional amendment would there was no unity, no cohesion, that times of prosperity and pride. It in- enable Congress to punish the next flag they lost their symbol of what the spired men and women to win our inde- burner or the next flag desecrator. In Roman Empire meant. pendence in the Revolutionary War. 1989, Congress enacted a fairly neutral When we lose the symbol of what we Over the years, it has represented to a statute, the Flag Protection Act of are about, we will lose this country. people of all nations freedom and all 1989, with an exception for the disposal The flag enhances national unity. It the values that has made America the of worn or soiled flags as a response to enhances the bond. Even if we are envy of the world. the Johnson decision. Based on the new wrong, even if we do not need the I say to my colleagues, regardless of rule announced in Johnson, the Su- amendment—and I do not make that the technical/legal aspect of this, as to preme Court struck down the statute case—even if perhaps Senator MCCON- whether or not it is legal, whether or by a 5–4 vote in United States v. Eichman NELL and others are correct that we do not it is constitutional, whether it is in 1990. S.J. Res. 14 would restore the not need this amendment, so what? We necessary or not, what is the message traditional balance to the Court’s first err on the side of caution. we send to the world? They will not un- amendment interpretation. We survived an amendment on prohi- derstand that the Congress of the That is all it does. Only a constitu- bition, and we survived an amendment United States, the Senate, refused to tional amendment can restore the tra- to repeal prohibition. The Constitution pass an amendment to protect the flag. ditional balance between a society’s in- and the constitutional Republic did not It will be misperceived, in my view. terest and the actor’s interest con- fall and die as a result of those amend- It is an inspiration. It has been cerning the flag. The first amendment ments which were controversial, to say praised in song and in verse. It has prohibits abridgement of freedom of the least. So good amendments and bad been honored with a day of its own— speech. There is always a balancing of amendments occur, and the Constitu- Flag Day—and its own code of eti- society’s interest with the individual’s tion survives because that is the way it quette on how to store it, how to salute interest in expression. is supposed to be. it, and what to do with it. It has been A few examples have been used many Let’s err on the side of caution. Let’s given allegiance by our schoolchildren times on the floor in debate. Here is a err on the side of caution. It sends a and given honor by the Supreme Court. good example: Can you yell ‘‘fire’’ in a good message to everyone—to young The Supreme Court recognizes ‘‘love crowded theater? and old, those who fought and died, both of common country and of State Could anyone yell something out those who survived, and those young will diminish in proportion as respect now? You would be removed if you people in first, second, and third grade for the flag is weakened.’’ That was a were in the galleries making a loud classes, and all through our schools all Nebraska case in 1907. comment that disrupted the pro- across America, that the flag is more How can one say it any better than ceedings. You would be removed. than just a symbol. It represents that that? Unfortunately, more recent court

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3609 decisions have struck down State and once again under the besieged but still- before you leave: The raising of the Federal statutes banning the desecra- standing American flag. flag on Iwo Jima; the Iwo Jima Memo- tion of Old Glory. Key was inspired by this. It was not rial right here in Washington—an So we debate again. We have done a piece of canvas that inspired Key to image that signifies the steep price of this before. We are going to do it again. write these things. It was not a piece of freedom. We debate a constitutional amend- cloth. It was more than that. It was a On February 19, just last month, we ment. We should remember the impor- flag. There is a difference. It is the remembered the 55th anniversary of tant relationship over the years the same reason the $5 bill is not a piece of that bloody battle. Six thousand Amer- American flag has had with American paper. It has meaning. The flag has icans gave their lives on Iwo Jima. history, with American freedoms and, meaning. What were they fighting for? Most of indeed, the American conscience. In 1931, Congress made the ‘‘Star- them probably did not know where Iwo On June 14, 1777, the Marine Com- Spangled Banner’’ the official national Jima was when they went into the mittee of the Second Continental Con- anthem of the United States. We owe service. gress adopted a resolution that read: our flag, once again under siege, con- After 4 days, some Marines finally Resolved, that the flag of the United stitutional protection. In May 1861, made it to the top of Mount Suribachi. States be 13 stripes, alternate red and white, just before the Civil War that would They tried twice to plug a wooden flag that the union be 13 stars, white in a blue tear our Nation apart, Henry Ward pole into the ground. Both times it field representing a new constellation. Beecher gave a speech on ‘‘The Na- broke. The third time, they wrapped Red for hardiness and courage; white tional Flag.’’ It is worth mentioning a the flag to a metal pole. Later during for purity and innocence; and blue for few of the things he said in that 1861 the battle, the second flag was ordered vigilance, perseverance, and justice. speech, bearing in mind that our Na- raised when commanders on the beach George Washington described the flag tion was about to be torn asunder in a could not easily recognize the first one, in much the same way: war that almost destroyed us: which was considerably smaller. We take the stars from heaven and the red A thoughtful mind, when it sees a nation’s A photographer captured the mo- from our mother country, separating it by flag, sees not the flag, but the nation ment, which has become the U.S. Ma- white stripes, thus showing that we have sep- itself.... rine Memorial outside Arlington at the arated from her; and the white stripes shall Wherever [our flag has] streamed abroad National Cemetery. go down to posterity representing liberty. men saw day break bursting on their eyes. Marines later said they could see the This new flag made one of its first For the American flag has been a symbol of Liberty, and men rejoiced in it.... flag from a quarter of a mile away, and appearances 2 months later at the Bat- If one, then, asks me the meaning of our it gave them the courage and inspira- tle of Bennington. On August 16, 1777, flag, I say to him, it means just what Con- tion to overcome their exhaustion and the American soldiers faced the dread- cord and Lexington meant, what Bunker Hill fear to keep fighting. ed Hessian mercenaries. While the two meant; it means the whole glorious Revolu- It is amazing. It is not just a flag; it forces clashed, American General John tionary War.... is more than a piece of cloth. Ask those Stark rallied his troops by saying: . . . [it means] the right of men to their guys who were at Iwo Jima. Go see own selves and to their liberties.... that memorial, and see how you feel My men, yonder are the Hessians. They . . . our flag means, then, all that our fa- were bought for 7 pounds and 10 pence a man. thers meant in the Revolutionary War; all about an amendment after you see that Are you worth more? Prove it. Tonight the that the Declaration of Independence meant; monument. American flag floats from yonder hill or it means all that the Constitution of our It goes on. We could talk all day— Molly Stark sleeps a widow. people, organizing for justice, for liberty, ‘‘Buzz’’ Aldrin, when he planted the The brave Americans triumphed and for happiness, meant. flag on the moon. The only good thing under their new flag at the Battle of Whatever that meant, that is what about it, I guess, is there is no oxygen Bennington, and the new stars and the flag meant. on the moon so no one could burn it stripes floated from the hill which the . . . our flag carries American ideas, Amer- there. Maybe we ought to put a few Hessians once possessed. ican history and American feelings.... more up there. It was the first time that liberty and Again, my colleagues, err on the side Obviously, there have been many freedom was advanced under the flag of caution. If you think we do not need treasured moments in American his- and, as we all know, it was most cer- the amendment to protect it, we will tory intertwined with our flag. History tainly not the last. not rock the Republic that much if we shows our laws have reflected the val- I can go on and on. Of course, we all would just make that statement with ues represented by our flag and our know the story of the ‘‘Star-Spangled the amendment. Government’s interest in preserving it. Banner.’’ How in 1814, Francis Scott Henry Ward said: In 1634, Massachusetts colonists pros- Key, a Washington attorney, boarded a Every color [of our flag] means liberty; ecuted, tried, and convicted a person British warship in the Chesapeake Bay every thread means liberty; every form of who defaced the Massachusetts State to negotiate the release of a prisoner star and beam or stripe of light means lib- flag. The court concluded that defacing taken when British forces burned the erty; not lawlessness, not license; but orga- the flag was an act of rebellion. This Capitol in August. nized institutional liberty—liberty through case, called the ‘‘Endicott’s Case,’’ re- While aboard the ship, the British law, and laws for liberty! flects the traditional balance between fleet turned its attention to Baltimore, I could not agree more. Because the the interests of society in preserving and that is where Key witnessed the highest court in the land will not pre- the flag and freedom of expression. bombardment of Fort McHenry on Sep- serve the liberty represented by our We have early examples of why we tember 13, 1814. It continued most of flag from lawlessness and license, we can make a strong and powerful case the day and night, until the British must protect it with a constitutional for a constitutional amendment. The abandoned their failed attack and amendment. colonists saw the need to punish the withdrew. One of the most inspirational and act, flag desecration, that violated Shortly after dawn on the 14th, the emotional places to visit in Wash- Government sovereignty. morning fog parted and Key saw the ington, DC, I say for those who are here The framers of our Constitution, flag had survived its night of 1,800 13- who may be listening—you have all through their words and actions, clear- inch bombshells and rockets. Its kinds of things out there that you can ly showed the importance of protecting ‘‘broad stripes and bright stars,’’ he visit, from the Treasury Building, to the flag as essential to American sov- said, were still ‘‘gallantly streaming.’’ the White House, to the Washington ereignty. Although the forces at Fort McHenry Monument, to the Lincoln Memorial, James Madison, in 1800, an expert were like sitting ducks under the mer- to the Jefferson Memorial. They are all certainly of the Constitution, if there ciless British assault, they withstood wonderful. I have been to them all. Let ever was one—he wrote it—denounced the volleys and emerged victorious me add one to the list you ought to see the hauling down of the American flag

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 3610 CONGRESSIONAL RECORD—SENATE March 27, 2000 from the ship the George Washington the sovereignty of the Nation as per- fails to protect the flag or the people as a ‘‘dire invasion of [American] sov- sonified in the flag. Freedom of speech who revere it. This is a very narrow ereignty.’’ protects that, not conduct. There is a proposal. In order to be prosecuted In 1802, Madison pronounced an act of difference. under the statute Senator MCCONNELL flag defacement in the streets of Phila- William Rehnquist said: has proposed, one must: No. 1, inten- delphia to be a violation of law. The uniquely deep awe and respect for our tionally destroy or damage the flag We sometimes overanalyze and over- flag felt by virtually all of us are bundled off with an intent to incite or produce im- debate what the founders meant. I am under the rubric of ‘‘designated symbols’’ minent violence or breach of the peace; amazed by the people in the 20th, now that the First Amendment prohibits the gov- No. 2, one must steal and intentionally ernment from ‘‘establishing.’’ But the gov- in the 21st century, who know what the ernment has not ‘‘established’’ this feeling; destroy a flag belonging to the United founders meant. They know all about 200 years of history have done that. The gov- States; or, No. 3, one must steal or in- what they meant. Even though they ernment is simply recognizing as a fact the tentionally destroy someone else’s flag said something different, they still profound regard for the American flag cre- on Federal property. know what they meant, which is the ated by that history when it enacts statutes Now if you come to the conclusion exact opposite of what they said. It prohibiting the disrespectful public burning that I have—and I think we all have on seems to me we should go back and of the flag. both sides—that flag desecration is look at what the founders said. We have seen the Supreme Court defy wrong, why limit the desecration to Madison wrote the Constitution. I the ‘‘deep awe and respect’’ that the those instances I just cited? Why make think he had a little understanding American people, through their elected it legal to burn a flag in front of a about what he meant. If he said some- representatives, have for that flag. crowd that loves flag desecration or on thing, then it ought to be pretty good The Supreme Court further denied television or at some safe distance and support to say: You know, he might the American people any voice in pro- yet make it illegal to burn a flag in have meant what he said. He said it. He tecting the integrity of the flag in the front of people who would be upset? said that an act of flag defacement in RAV v. City of St. Paul case in 1992. In That is what is happening here. the streets of Philadelphia was a viola- that decision, the Court ruled it will no Let me repeat that. Why make it tion of law. longer balance society’s interest in legal to burn a flag in front of a crowd In 1807, when a British ship fired protecting the flag against an individ- that loves flag desecration and yet upon and ordered the lowering of an ual’s interest in desecrating it. make it illegal to burn a flag in front American ship’s flag, Madison told the The Court’s recent decisions have led of people who would be upset? That is British Ambassador that ‘‘the attack us down this path. In order to preserve pretty much what we have here. Why on the [ship] was a . . . flagrant insult the values embodied by our flag, in make it illegal to burn a post office to the flag and the sovereignty of the order to enhance national unity, and in flag but not a flag belonging to the United States.’’ order to protect our national sov- hospital across the street? Why make As the author of the first amend- ereignty, we, the people’s representa- it illegal for a lone camper to burn a ment, Madison knew what freedom of tives, have to take the first step here flag at a campfire in Yellowstone Park speech was. However, his repeated to amend the Constitution. It is going when it is legal to burn a flag before stands for the integrity of the flag to be a slow and difficult process, as hundreds of children at a public school? show that he believed that there had the Founding Fathers intended. They To anybody who is interested in pro- been no intent to withdraw the tradi- wanted it to be slow and difficult. It tecting the flag from desecration, how tional physical protection from the was not supposed to be easy. does this make sense? It is not common flag. We should have this debate. We sense. Thomas Jefferson also believed in the should rise up and take each other on There are other problems with this sovereignty and the integrity of the directly. We should have a vote, and we statute as proposed. First, the Supreme flag. While he was Washington’s Sec- should be recorded. If it prevails with Court is likely to hold that the amend- retary of State, there were many for- the 67 votes necessary, it will move for- ment’s attempt to prohibit flag burn- eign wars and naval blockades. The ward for the people and the legisla- ing that may breach the peace is un- American flag was a neutral flag dur- tures. It is a necessary process in order constitutional. In Texas v. Johnson, the ing this time, and other countries to remove the Government’s seal of ap- State of Texas defended its flag dese- wanted to fly it. Jefferson instructed proval of flag burning and desecration. cration statute on the ground that it American consuls to punish ‘‘usurpa- Mr. President, I suggest the absence was necessary to prevent breaches of tion of our flag.’’ of a quorum and ask unanimous con- the peace, and the Court rejected the To prevent the invasion of the sov- sent that the time be equally deducted argument because there was no show- ereignty of the flag, Jefferson did not from both sides. ing that a disturbance of the peace was The PRESIDING OFFICER. Without think that the first amendment was an a likely response to Johnson’s conduct objection, it is so ordered. The clerk obstacle to a ‘‘systematic and severe’’ regardless of Johnson’s intent. So in will call the roll. order to qualify for the breach of the punishment for people who violated the The assistant legislative clerk pro- peace exception under Brandenberg v. flag. ceeded to call the roll. Both Madison and Jefferson consid- Mr. SMITH of New Hampshire. Mr. Ohio, the Court said the flag burning ered protecting the flag and punishing President, I ask unanimous consent must both be directed to inciting or its abusers very important. that the order for the quorum call be protecting imminent lawless action There are all kinds of examples in rescinded. and is likely to incite or produce such American history from our greatest The PRESIDING OFFICER. Without action. founders, and all kinds of resources to objection, it is so ordered. Since the McConnell amendment draw from in support of this amend- Mr. SMITH of New Hampshire. Mr. fails to require any showing that the ment. They believed that sovereign President, how much time remains on destruction of a flag objectively is like- treatment for the flag was not incon- both sides? ly to incite or produce the breach of sistent with protecting free speech. The PRESIDING OFFICER. The Sen- peace, the Court will strike it down as They consistently demonstrated that ator from New Hampshire has 25 min- unconstitutional. This is a lot of they wanted to protect commerce, citi- utes remaining, and the Senator from legalese—legal gobbledygook, I might zenship, and neutrality rights through Kentucky has 20 minutes remaining. call it. This is what the lawyers like to the protection of the flag. They did not Mr. SMITH of New Hampshire. I do. But this is more than a legal issue. mean to suppress ideas or views or free thank the Chair and yield myself 15 Your speech cannot be suppressed be- speech. That was not what they were minutes. cause it might breach the peace, even if about. They just wanted to protect the Turning to the substance of the you believe you are breaching the Government’s interests in protecting McConnell amendment, I find that it peace. You must have both intent and

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3611 the objective likelihood that others the first amendment protect dese- will. Or say, no, we don’t need the nearby will be compelled to violent ac- crating the flag under the same cir- amendment, it will have no impact, it tion because of your speech. cumstance? doesn’t matter, and let it go at that. So in this regard, I note that the The ownership of the flag is not rel- I urge my colleagues who support Court, in Johnson, found that the flag evant to the first amendment analysis. protection for the flag to vote no on burning did not threaten to breach the It is not the ownership of the flag that the McConnell amendment and to vote peace, nor was there any finding that matters, it is the flag. It is what it yes on the constitutional amendment. Johnson intended to breach the peace. symbolizes. It is the act that matters. I suggest the absence of a quorum. The Court also found that no reason- It seems to me that the statute by my The PRESIDING OFFICER (Ms. COL- able onlooker would have considered friend from Kentucky is perfectly con- LINS). The clerk will call the roll. the flag burning to be an invitation to sistent without allowing flag desecra- The assistant legislative clerk pro- a fight. In other words, the Court held tion on city or State property regard- ceeded to call the roll. that flag burning did not constitute less of whose flag it is. Once you make Mr. SMITH of New Hampshire. fighting words. As a result, the McCon- it a Federal crime to burn a flag, you Madam President, I ask unanimous nell amendment would not even apply are reaching communicative conduct consent that the order for the quorum to the flag burning in Johnson. the Supreme Court says is constitu- call be rescinded. Even if the McConnell statute satis- tionally protected. If you are prepared The PRESIDING OFFICER. Without fied the breach of peace exception to to punish flag desecration based on the objection, it is so ordered. the first amendment, the other sec- theft of the flag and the location of the Mr. SMITH of New Hampshire. tions of the proposed statute wouldn’t. desecration as consistent with the first Madam President, how much time do I The Johnson and Eichman cases seem amendment, you cannot logically have remaining? to require that the same general anal- argue that punishing the desecration of The PRESIDING OFFICER. The Sen- ysis apply. Could the Government say one’s own flag on that same property ator has 51⁄2 minutes remaining. that all racist fighting words are ille- or other property is inconsistent with Mr. SMITH of New Hampshire. gal on Government property but that the first amendment. Madam President, opponents of the others are not in some other location? I think any Senator who can vote for amendment like to say that America is Of course not. The Court has said that this statute, frankly, can vote for an not facing an epidemic, that we have a this amounts to impermissible content- amendment that authorizes broader few acts of flag desecration. Depending based discrimination. But that is the protection of our flag. We need to stop on how you want to define them, they effect of the amendment Senator splitting hairs here and understand are usually by some crazy person or MCCONNELL offers because it only crim- what we are talking about, understand some nut, or whatever term you want inalizes stealing and destroying a flag the incitive act that we are talking to apply to it, or someone who is de- rather than all Government property about in the desecration of that flag mented. But I think opponents try to and because it only criminalizes the and what it means to the fabric and downplay the number of desecration in- burning of a flag stolen from another fiber of our Nation. While the Federal cidents that we have in this country. on Government property rather than connection to property may give you They not only use flawed statistics, all other property that could be stolen jurisdiction for a Federal statute, it but I think they also miss the point and destroyed. A lot of legal language, simply does not change the first that numbers don’t always tell the but it is important because this is what amendment analysis. story, and who is doing it is another we would be dealing with if the statute Why would anyone vote for an inef- issue. I would like to give an example. Senator MCCONNELL proposes were to fective statute? It is a weak way to say I am a former schoolteacher. You are pass as opposed to the amendment. we don’t want an amendment. It is not never a former teacher. You are always Even if these portions of the McCon- a good alternative. I would almost pre- a teacher; once a teacher, always a nell amendment could survive con- fer that you voted no on the basis of it teacher. I used to try to instill in my stitutional scrutiny, which I doubt being unconstitutional in your mind students the patriotism and respect for they could, they are no substitute for than to offer this amendment. But the country. I taught civics. real flag protection. The McConnell adoption of the McConnell amendment I wonder if you will hear the oppo- statute would not have punished Greg- will amount to the government’s unin- nents of our amendment talk about ory Johnson’s notorious flag burning. tended declaration of open season on what happened a few weeks ago in a When he took it down from that pole, all American flags. It says: Do what town called Somerset, MA. Two teen- burned it, and spat on it, he didn’t you want to the flag—whatever you agers—just two—smashed several dozen steal the flag from the United States; want—but don’t start a riot, whatever Civil War-era gravestones, toppled sev- so he wouldn’t be punished. It was sto- you do. Don’t steal it from the govern- eral others, and burned and shredded 87 len from a bank building; therefore the ment; steal it from a bank, and what- American flags that were placed on 60 statute would not apply. Johnson ever you do, don’t burn it on govern- gravestones in that cemetery—Civil didn’t burn his stolen flag on Federal ment property. Otherwise, have a good War veterans. Sixty stones were top- property; he burned it in front of city time, burn away, desecrate away. Pick pled or vandalized. One hundred Amer- hall; therefore the bill would not apply. and choose where you want to burn, ican flags marking the graves of war If the amendment would not punish where you want to desecrate, and you veterans were either stolen, ripped, or Johnson, who would it punish? We need will be fine. burned, according to the Boston Her- to be reasonable. We would look foolish Now, really, does that make sense as ald. to take this kind of legalistic approach an alternative to the amendment? We Opponents who argue that no great rather than the substance of what can do better than that. The proposed and extraordinary occasions justify the Madison and Jefferson and Washington constitutional amendment allows us to proposed amendment are simply off the and so many others so eloquently put do better than that. By giving Congress mark, in my view. Eighty-seven burnt many years ago when they wrote this the power to enact a sensible flag pro- flags, particularly flags honoring he- Constitution. tection statute, the flag amendment roes who made the supreme sacrifice Now, some say it is better than an will allow for meaningful flag protec- defending the Union in the Civil War, is amendment because they want to pre- tion that doesn’t make silly, legalistic a great and extraordinary occasion. serve the first amendment rights. But distinctions. So let’s have the courage Regardless of how we count the num- if we are going to punish flag destruc- of our convictions to say, yes, we need ber of desecration incidents, the point tion on Federal property during a po- the constitutional amendment because of our discussion today is not statis- litical rally, if we are going to say that without it, the flag can be desecrated, tics. It is not how many but rather the is not an infringement of free speech and this will have a harmful effect on impact that this kind of incident has when the flag is stolen, then why does our country and on its fabric, if you on our values, on our culture, and on

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 3612 CONGRESSIONAL RECORD—SENATE March 27, 2000 our children. What do we say to those As much as our culture downplays the children are dying. The culture of children who did that? What do we say our common beliefs—God knows we death in this country is not about to the children who didn’t do it, the hear enough about it—everybody has a guns. vast majority of children, I might add? right to be a free spirit these days; The desecration of the flag and all of What do our children learn by hearing don’t have anything in common; do the other things happening is about us that our Government is powerless to what you want; instant gratification; as a people. It is because we don’t punish those vandals? What do we want you want to go desecrate a cemetery, stand up often enough. If we are to teach our children about that inci- go ahead; it is just free speech. threatened because we want an amend- dent? We can remain silent. It didn’t As much as our culture downplays ment to the Constitution to stop that, happen on Government property, un- those beliefs, it is our duty as Ameri- then we have a problem. We have moral less it was a VA cemetery. Maybe it cans—I am using the word ‘‘duty’’—to decay in this country. We are falling was. So we couldn’t punish them under protect those beliefs and our duty to apart at the seams because people the statute being proposed. protect the one symbol that unites us. should be able to do what they want. If we don’t have a constitutional If you don’t think desecration of that There is no personal accountability. amendment, maybe we can figure out flag threatens us, then maybe you had Desecrate the graves, stomp the flag, some other way to punish them. But it better take another look. disrespect the veteran. It is OK. Spit is more than punishment of the van- It is our responsibility to ensure the on the flag. That is OK, it is free dals that is at stake. It is a message to integrity of our country and to say speech. the rest of America why this is wrong that there is at least one principle that Look at our culture. If you are a par- and why it is not right to go in there unites our society. We divide on every ent, look at movies to which your kids and desecrate those flags and those issue. You name it; we divide on it. have access. Look at the video , graves. There is somebody for and somebody look at the music, look at the TV. Our Many people today—I am not alone— against everything we debate. children are bombarded every day with believe we live in a culture that suffers We need this amendment to say that messages of violence, selfishness. The profoundly from a lack of common val- our flag should be protected under the incidence of gun violence, particularly ues, ideals, morals, and patriotism. law. It is not enough to say if some- at our public schools, is a predictable Further, many people believe if it con- body walked up here now—a staff mem- result of a culture that is afraid to tinues, that, in and of itself, will de- ber, anyone—and took that flag, threw teach that certain ideas are right and stroy the constitutional Government it on the floor and began to deface it, certain ideas are wrong. that we have. stomp on it, in the name of free speech That is what this is about. It is I will make this suggestion with all that is OK. It is not speech. I will say wrong to desecrate the flag. Color it up due respect. That kind of action and again. It is not speech. It is conduct, any way you want, hide it any way you that kind of lack of statement or com- and conduct you should be responsible want, take another position and say mitment to values will bring our coun- for and responsible to someone for the law is OK, I don’t care. The point try down a lot sooner than an amend- doing it. If we can’t say that, if it is a is, it is wrong to desecrate the flag for ment to the Constitution that prevents threat to our constitutional Republic the same reason it is wrong to overturn the desecration of our flag. to have an amendment that precludes gravestones, it is wrong to be dis- My colleagues, an amendment that action, then I am not sure what respectful to veterans, and it is wrong doesn’t mean the end of our constitu- we could have a constitution for that to leave your children alone and give tional Republic. It reinforces. It says really matters. them access to this kind of violence. this Senate, this country, this Con- We have survived amendments that Frankly, it is wrong for some in soci- gress, the people of America, the legis- weren’t that great. The Constitution ety to give them access to that vio- latures, your , their parents, survived, the people survived, the lence. and people all across America say: You American Government survived, be- Why don’t we do something about it? don’t do that. It is wrong. It can mean cause the Founders gave us the oppor- No, we have a right, they say, to be that our country may not survive with tunity, provided that for us in the Con- free spirits. Blame somebody else. It is not our this kind of disrespect. stitution. fault. It must be the Government’s The idea that everyone’s viewpoint is We see evidence of moral decay and a fault, the church’s fault, our minister’s just as good as anyone’s can grow just lack of standards all around. Our fami- fault, the Senator’s fault; it has to be a little bit too large. Is that free lies are breaking down, our commu- somebody else’s fault, not mine. It speech? Is that what we want to say in nities are divided, our leaders are not couldn’t possibly be my fault; I didn’t America, that it is free speech for two providing appropriate moral leadership young people to go into a cemetery do anything. for the American public. Everyone Do you see what is happening to this where Civil War veterans are buried, knows what I am talking about—moral country? This is just a perfect example take the flags off their graves, dese- leadership comes from the White of it. It is one symbol of what is wrong crate the flags, and desecrate the House. You can shake it off, you can with America. tombstones, and say it is OK, free say it doesn’t matter, there is no per- From the 1800s and the 1900s, wave speech? I say that is conduct. I don’t sonal accountability, say whatever you after wave after wave of immigrants think it has one thing to do with want. The bottom line is, if you are came to this country; they built this speech. It is conduct, and it is conduct going out for the weekend and you country. It was the glue. They saw the for which you should be held account- want to leave your 14-year-old daugh- Statue of Liberty. They became a part able. ter home, most of you say: I don’t of the essence of America. That flag is The fact is, the founders of our coun- know if I want to leave her with the the essence of America. We ought to try developed some ideas about govern- President of the United States. That is pass a constitutional amendment so it ment that all Americans believe are pretty sad. will not be desecrated. the best, that all Americans find some I will make people angry saying that, I suggest the absence of a quorum. common ground upon the ideals for but we are dividing ourselves. We have The PRESIDING OFFICER. The which this Nation was founded—com- to stand for something. If we stand for clerk will call the roll. mon ground, cement, glue—to bring us something, we will stand up and be The legislative clerk proceeded to together. This divides us in a way that counted as a nation. If we don’t stand call the roll. goes right to the essence and to the for something, then we stand for noth- Mr. MCCONNELL. Madam President, heart of what our country stands for ing. I ask unanimous consent that the order and what it is. Our flag, those flags, 87 We can laugh it off. We do it all the for the quorum call be rescinded. of them on those graves, represent time. It is a gun’s fault that children The PRESIDING OFFICER. Without those ideals. are dying. No, it is not the gun’s fault objection, it is so ordered.

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Mr. MCCONNELL. How much time do I ask unanimous consent that the fined a variety of expression that was unpro- I have remaining? letter from the American Law Division tected by the First Amendment, among the The PRESIDING OFFICER. The Sen- addressed to me be printed in the categories being speech that inflicts injury ator has 10 minutes remaining. or tends to incite immediate violence.6 While RECORD. the Court over the years has modified the Mr. MCCONNELL. I yield whatever There being no objection, the letter other categories listed in Chaplinsky, it has time the Senator from North Dakota was ordered to be printed in the not departed from the holding that the may desire. RECORD, as follows: ‘‘fighting words’’ exception continues to The PRESIDING OFFICER. The Sen- CONGRESSIONAL RESEARCH SERVICE, exist. It has, of course, laid down some gov- ator from North Dakota is recognized. THE LIBRARY OF CONGRESS, erning principles, which are reflected in the Mr. CONRAD. I thank the Chair. I Washington, DC, November 8, 1995. subsection’s language. Thus, the Court has thank Senator MCCONNELL. To: Honorable Kent Conrad Attention: Dan applied to ‘‘fighting words’’ the principle of Madam President, I rise today to sup- Kelly Brandenburg v. Ohio,7 under which speech ad- port the McConnell-Bennett-Dorgan- From: American Law Division vocating unlawful action may be punished Conrad effort to pass a statute to pro- Subject: Analysis of S. 1335, the Flag Protec- only if it is directed to inciting or producing tect the flag, rather than to amend the tion and Free Speech Act of 1995 imminent lawless action and is likely to in- 8 Constitution of the United States for This memorandum is furnished in response cite or produce such action. to your request for an analysis of the con- A second principle, enunciated in an opin- that purpose. ion demonstrating this continuing vitality of It seems to me that anybody who ad- stitutionality of S. 1335, the Flag Protection and Free Speech Act of 1995. This bill would the ‘‘fighting words’’ doctrine, is that it is vances an amendment to the Constitu- amend 18 U.S.C. § 700 to criminalize the de- impermissible to punish only those ‘‘fighting tion has to clear a very high threshold. struction or damage of a United States flag words’’ of which government disapproves. I personally believe the Constitution of under three circumstances. First, subsection Government may not distinguish between the United States is one of the greatest (a) of the new § 700 would penalize such con- classes of ‘‘fighting words’’ on an ideological documents in human history. It is not duct when the person engaging in it does so basis.9 to be amended lightly. It is certainly with the primary purpose and intent to in- Subsection (a) reflects both these prin- ciples. It requires not only that the conduct not to be amended when there are cite or produce imminent violence or a breach of the peace and in circumstances be reasonably likely to produce imminent vi- other ways of addressing a problem. olence or breach of the peace, but that the I believe in this circumstance the where the person knows it is reasonably like- ly to produce imminent violence or a breach person intend to bring about imminent vio- issue is really quite clear. Flag burning of the peace. lence or breach of the peace. Further, noth- and flag desecration are unacceptable Second, subsection (b) would punish any ing in the subsection draws a distinction be- to me and I think unacceptable to a person who steals or knowingly converts to tween approved or disapproved expression majority of Americans, certainly unac- his or her use, or to the use of another, a that is communicated by the action com- ceptable to the people of the State that United States flag belonging to the United mitted with or on the flag. I represent. But the first answer cannot States and who intentionally destroys or There is a question which should be noted concerning this subsection. There is no ex- and should not be to amend the Con- damages that flag. Third, subsection (c) pun- ishes any person who, within any lands re- press limitation of the application of the stitution of the United States. provision to acts on lands under Federal ju- In our history, more than 10,000 served for the use of the United States or under the exclusive or concurrent jurisdic- risdiction, neither is there any specific con- amendments to the Constitution have tion of the United States, steals or know- nection to flags or persons that have been in been proposed. Only 27 have been ap- ingly converts to his or her use, or to the use interstate commerce. Therefore, application proved. Since I have been in the Sen- of another, a flag of the United States be- of this provision to actions which do not ate, more than 850 constitutional longing to another person and who inten- have either of these, or some other Federal amendments have been offered. Thank tionally destroys or damages that flag. nexus, might well be found to be beyond the goodness we have not adopted them. The bill appears intended to offer protec- power of Congress under the decision of the Court in United States v. Lopez.10 Many of them would have made that tion for the flag of the United States in cir- cumstances under which statutory protec- In conclusion, the judicial precedents es- document worse. Many of them would tion may still be afforded after the decisions tablish that the bill, if enacted, while not re- have taken positions that are really of the Supreme Court in United States v. versing Johnson, and Eichman, should sur- things that ought to be done by stat- Eichman 1 and Texas v. Johnson.2 These cases vive constitutional attack on First Amend- ute. had established the principles that flag dese- ment grounds. Subsections (b) and (c) are The Constitution is a framework. It cration or burning, in a political protest con- more securely grounded in constitutional does not deal with specifics. It deals text, is expressive conduct if committed to law, but subsection (a) is only a little less with the larger framework of how this ‘‘send a message;’’ that the Court would re- anchored in decisional law. view limits on this conduct with exacting We hope this information is responsive to Government should operate. Individual your request. If we may be of further assist- laws, individual statutes are meant to scrutiny; and legislation that proposed to pe- nalize the conduct in order to silence the ance, please call. deal with the specific problems that we message or out of disagreement with the JOHN R. LUCKEY, encounter as a society within the message violates the First Amendment Legislative Attorney, framework provided by the Constitu- speech clause. American Law Division. tion. Some would have us change that Subsections (b) and (c) appear to present FOOTNOTES basic organic document to deal with no constitutional difficulties, based on judi- 1 496 U.S. 310 (1990). this problem. I believe that would be a cial precedents, either facially or as applied. 2 491 U.S. 397 (1989). 3 mistake, and we would look back on it These subsections are restatements of other See, 18 U.S. §§ 641, 661, and 1361. general criminal prohibitions with specific 4 Eichman, supra, 496 U.S., 316 n. 5; Johnson, supra, in future years and say: My, that was focus on the flag.3 The Court has been plain 412 n. 8; Spence v. Washington, 418 U.S. 405, 408–409 (1974). See also R. A. V. v. City of St. Paul, 112 S. Ct. an overreaction. that one may be prohibited from exercising Yes, it is unacceptable to engage in 2538 (1992) (cross burning on another’s property). expressive conduct or symbolic speech with 5 315 U.S. 568 (1942). flag desecration. Yes, it is abhorrent to or upon the converted property of others or 6 Id., at 572. desecrate the flag. Those are obviously by trespass upon the property of another.4 7 395 U.S. 444 (1969). true statements and those are genuine The subsections are directed precisely to the 8 Id., at 447. This development is spelled out in feelings. But we have an alternative. theft or conversion of a flag belonging to Cohen v. California, 403 U.S. 15, 20, 22–23 (1971). See, someone else, the government or a private also NAACP v. Claiborne Hardware Co., 458 U.S. 886, The alternative is to pass a statute. 928 (1982); Hess v. Indiana, 414 U.S. 105 (1973). The proponents of the constitutional party, and the destruction of or damage to 9 R. A. V. v. City of St. Paul, 505 U.S. 377 (1992). amendment will say to you: But that that flag. 10 115 S. Ct. 1624 (1995). Almost as evident from the Supreme will be ruled unconstitutional, as has Court’s precedents, subsection (a) is quite Mr. CONRAD. Madam President, here the previous attempt to pass a statute. likely to pass constitutional muster. The we have the American Law Division of This statute has not been ruled un- provision’s language is drawn from the the Library of Congress, which houses constitutional, and the American Law ‘‘fighting words’’ doctrine of Chaplinsky v. the Congressional Research Service, Division of the Library of Congress New Hampshire.5 In that case the Court de- telling us this statute authored by Sen- tells us it would be upheld as constitu- ator MCCONNELL would be upheld as tional. Footnotes at end of analysis. constitutional. That is the best advice

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.000 S27MR0 3614 CONGRESSIONAL RECORD—SENATE March 27, 2000 we have available to us as Members of fering our colleagues as an alternative effectively provide protection and be upheld Congress. They are saying to us this to taking the very drastic step of by the Supreme Court, and statute would be upheld. amending the Constitution of the Whereas, Senator Mitch McConnell of Ken- Why ever would we go out and amend tucky has introduced a statute, ‘‘The Flag United States. Protection Act of 1999’’, cosponsored by Sen- the Constitution when we have a stat- I hope my colleagues will support ator Kent Conrad of North Dakota, Senator ute that our own legal advisers inform this approach. Byron Dorgan of North Dakota, and Senator us would be upheld as Constitutional. I commend my colleagues who have Bennett of Utah, and have been assured by Why would we do that? It makes no joined in offering this—with a special the Congressional Research Service and con- sense to me. Not only does it make no thanks to Senator MCCONNELL, who stitutional scholars that it would be upheld sense to me, it makes no sense to vet- has drafted this approach—Senator by the courts, and erans organizations. I ask unanimous BENNETT, and Senator DORGAN. Whereas, the AMVETS of North Dakota I believe this is the wiser course. It is have consistently supported a statutory rem- consent that resolutions of support by edy over a Constitutional amendment at our veterans organizations in the State of the right course. It is one that will annual conventions, now therefore be it North Dakota be printed in the RECORD stand the test of time. Resolved, that the AMVETS of North Da- at the conclusion of my remarks. I thank the Chair and yield the floor. kota express appreciation to Senators The PRESIDING OFFICER. Without EXHIBIT 1 McConnell, Conrad, Dorgan and Bennett and objection, it is so ordered. AMVETS LADIES AUXILIARY, DEPARTMENT OF further supports the Flag Protection Act of (See exhibit 1.) NORTH DAKOTA, RESOLUTION TO SUPPORT 1999 and urge the National Department to Mr. CONRAD. Madam President, THE ‘‘FLAG PROTECTION ACT OF 1999’’ also support the Flag Protection Act of 1999. these are resolutions in support of the Whereas: the delegates of the 15th Annual Submitted for consideration at the Depart- Flag Protection Act of 1999 by Convention of the AMVETS Ladies Auxil- ment Convention by the Department Com- mander. AMVETS of North Dakota, by the iary, Department of North Dakota, assem- RANDALL A. LEKANDER, AMVETS Ladies Auxiliary of North bled in Minot on this 15th day of May, 1999, desire to support Senator Dorgan and Sen- Commander. Dakota, and by the North Dakota ator Conrad on ‘‘The Flag Protection Act of Adopted as amended by AMVETS Depart- State Council of the Vietnam Veterans 1999’’ which they are co-sponsoring, therefore ment of North Dakota in convention at of America. All of these veterans orga- be it Minot this 16th day of May, 1999. nizations, some of the finest in my Resolved: We support the ‘‘Flag Protection Mr. REED. Mr. President, I stand in State, have said this is the proper ap- Act of 1999’’ for the protection of the flag, opposition to this amendment. As a proach; that we ought to attempt to free speech, and other purposes, to ensure graduate of the United States Military pass this statute rather than amend our symbol of national pride and freedom be Academy and a former officer in the protected, that the embodiment of our de- the Constitution of the United States. mocracy and unity be preserved, especially Army, I view the American flag with a I just got word, moments ago, that since our veterans fought for this freedom, it special reverence borne by experience. the editor of the 164th Infantry Asso- further be I am deeply offended when people burn ciation Newsletter, of my State, has Resolved: That a copy of this courtesy reso- or otherwise abuse this precious na- contacted my office and agrees with lution be spread upon the records of this an- tional symbol, and I believe that we the position that I am taking, that it is nual convention and a copy be presented to should teach young people to respect not necessary to amend the Constitu- the above mentioned. the flag. tion of the United States. ANGIE LEKANDER, I also feel, however, that the values President. I think he is exactly right. I would VICKIE TRIMMER, and beliefs that the American flag rep- just conclude by saying, not only do Secretary. resents are more important than the veterans organizations back home sup- cloth from which the symbol is made. port the position I am taking, but VIETNAM VETERANS OF AMERICA, Prominent among these beliefs are the many who are in the American Legion NORTH DAKOTA STATE COUNCIL, right to voice views that are unpopular have contacted me and told me they Bismarck, ND, May 10, 1999. and the right to protest. It is these fun- support the position that I am taking. Hon. KENT CONRAD, damental values, reflected in our Con- Finally, Gen. Colin Powell was U.S. Senator, Hart Office Building, Wash- stitution, that have distinguished our quoted at length in a full page ad of a ington, DC. DEAR SENATOR CONRAD: On behalf of the Nation for more than 200 years. It is major newspaper in my State today as North Dakota State Council of Vietnam Vet- these beliefs that give our flag its great saying that he does not believe that erans of America, it is my honor to inform symbolic power. the appropriate response is to amend you that at our quarterly meeting on May 8, Flag burning is despicable. However, the Constitution of the United States. 1999 in Bismarck, the following action was the issue before us is whether our great Gen. Colin Powell, former Chairman of taken regarding the Flag Protection Act of charter document, the Constitution, the Joint Chiefs of Staff, the man who 1999, which you are cosponsoring. should be amended so that the Federal led us in Desert Storm, a man for ‘‘Bob Hanson moved that the North Dakota State Council of the Vietnam Veterans of Government can prosecute the handful whom I have profound respect, saying America support enactment of legislation by of Americans who show contempt for to us, yes, it is abhorrent to desecrate Congress to protect the nation’s flag, such as the flag. To quote James Madison, is the flag, yes, it is abhorrent to burn that cosponsored by Senators Byron Dorgan this a ‘‘great and extraordinary occa- the flag, but that flag is going to sur- and Kent Conrad and that a copy of this res- sion’’ justifying the use of a constitu- vive long after, as he describes it, these olution be forwarded to our state’s entire tional amendment? miscreants who desecrate the flag are Congressional delegation. Seconded by Rich- I would argue no, this is not such an long gone. Long after they are gone, ard Stark. Approved unanimously.’’ occasion. This is an answer in search of Thank you for continual support of vet- a problem. According to Professor Rob- that flag is still going to be flying erans and we wish you success in your en- proudly over this great Nation. deavors in this matter. ert Justin Goldstein, a noted author on One of the reasons this is a great Na- Sincerely, this topic, there have been only 200 re- tion is because of the Constitution of BOB HANSON, ported incidents of flag burning during the United States. What a brilliant State Secretary, ND VVA. the entire history of our country—that document. I doubt very much anything is less than one a year. There is no epi- we are going to be doing in the next 2 RESOLUTION NO. 9911—A RESOLUTION TO demic of flag burnings plaguing our na- days would improve upon that Con- SUPPORT THE ‘‘FLAG PROTECTION ACT OF 1999’’ tion. stitution that is the organic law for Whereas, a Constitutional amendment to Others have said that flag burning is our country. protect the desecration of the American flag representative of a general decay of has been before Congress for several years I urge my colleagues to take a look— and has failed to garner the votes for pas- American values and patriotism, and take a serious look —at the work Sen- sage, and something needs to be done about it be- ator MCCONNELL has done and that the Whereas, those opposed to the Constitu- fore it is too late. I would argue the four of us, on a bipartisan basis, are of- tional amendment believe that a statute can way to encourage patriotism is

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3615 through encouraging civic involve- Mr. SESSIONS. I believe we are now States, either or both of which shall be valid ment, not constitutional amendments. about to move to the Hollings amend- to all intents and purposes as part of the It almost goes without saying that peo- ment. Is that the next agenda item? Constitution when ratified by the legisla- ple who are proud of their country will The PRESIDING OFFICER. The Sen- tures of three-fourths of the several States within 7 years after the date of submission be proud of their flag. ator from West Virginia, Mr. BYRD, for ratification:’’. I am still moved by the statement still controls 30 minutes of time which, ‘‘ ‘ARTICLE — made by James Warner, a decorated under the previous order, was to occur ‘‘ ‘SECTION 1. Congress shall have power to Marine flyer who was a prisoner of the prior to moving to the Hollings amend- set reasonable limits on the amount of con- North Vietnamese from 1967 to 1973, ment. tributions that may be accepted, and the about flag burning: Mr. SESSIONS. Are there 2 hours amount of expenditures that may be made I remember one interrogation where I was equally divided on the Hollings amend- by, in support of, or in opposition to, a can- shown a photograph of some Americans pro- ment? didate for nomination for election to, or for testing the war by burning a flag. ‘‘There’’ Mr. HOLLINGS. Madam President, I election to, Federal office. the officer said. ‘‘People in your country pro- ‘‘ ‘SECTION 2. A State shall have power to test against your cause. That proves that understand that the Senator from West set reasonable limits on the amount of con- you are wrong.’’ Virginia is not going to use that 30 tributions that may be accepted by, and the ‘‘No,’’ I said, ‘‘that proves that I am right. minutes. So I am authorized to yield amount of expenditures that may be made In my country we are not afraid of freedom, back that time. I yield back Senator by, in support of, or in opposition to, a can- even if it means that people disagree with BYRD’s 30 minutes. didate for nomination for election to, or for us.’’ The PRESIDING OFFICER. All time election to, State or local office. ‘‘ ‘SECTION 3. Congress shall have power to And I think that is the essence of has been yielded back. this debate for me. We live in a democ- implement and enforce this article by appro- Under the previous order, the Sen- priate legislation. racy, not a dictatorship. The flag sym- ator from South Carolina is to be rec- ‘‘ ‘ARTICLE—’’. bolizes a political system that allows ognized to offer a first-degree amend- Mr. HOLLINGS. Madam President, its people, through their actions and ment. Under the previous order, there this amendment is offered on behalf of words, to express what they think and shall be 4 hours of debate on the myself, the distinguished Senator from feel, even when the government or a amendment, equally divided, with one Pennsylvania, Mr. SPECTER, and the vast majority of others disagree with of the 4 hours to be under the control distinguished Senator from Nevada, them. I oppose this amendment be- of the Senator from Arizona, Mr. Mr. REID. cause I believe that while attempting MCCAIN. Let me go right to the heart of some to preserve the symbol of the freedoms Mr. SESSIONS. I am prepared to comments just made because I want to we enjoy in this country, it actually yield the floor to the Senator from emphasize what the distinguished Sen- would harm the substance of these South Carolina and ask unanimous ator from North Dakota said. freedoms. consent that I be allowed to have 30 One, with respect to the matter of ac- Finally, this amendment to the Con- minutes on this subject. tually passing a statute whereby the stitution is technically problematic. The PRESIDING OFFICER. Is there statute would suffice, I only refer spe- The language of the amendment is objection? cifically, because I have been reading it vague and fails to offer a clear state- Mr. HOLLINGS. Thirty minutes at length, to the decision of the U.S. ment of just what conduct the sup- when? Supreme Court in Nixon v. Shrink, porters of the amendment propose to Mr. SESSIONS. Whenever. that for nearly a half century the prohibit, or to advise the American The PRESIDING OFFICER. Out of Court has extended first amendment people of the actions for which they the 2 hours that has been set aside? protection to a multitude of forms of may be imprisoned. There is no defini- Mr. SESSIONS. In the next hour. speech, such as making false inflam- tion of what a ‘‘flag’’ is for purposes of The PRESIDING OFFICER. Fol- matory statements, filing lawsuits, this amendment, or any consensus re- lowing Senator HOLLINGS? dancing nude, exhibiting drive-in mov- garding the meaning of ‘‘desecration.’’ Mr. SESSIONS. Yes. If we can finish ies with nudity, burning flags, and This leaves the Supreme Court to clar- in 1 hour. wearing military uniforms. It goes on ify these meanings, the same court Mr. HOLLINGS. No objection. to cite even more examples. that supporters believe erred in pro- The PRESIDING OFFICER. Without That is why this Senator would not tecting flag burning as freedom of objection, it is so ordered. vote for the statute. I think that is speech in the first place. The Senator from South Carolina. dancing around the fire and a putoff. The PRESIDING OFFICER. The Sen- On the contrary, I intend to support ator from Kentucky. AMENDMENT NO. 2890 Mr. MCCONNELL. I thank the distin- (Purpose: To propose an amendment to the the constitutional amendment. But I guished Senator from North Dakota for Constitution of the United States relating do agree with the observation of the his outstanding remarks in support of to contributions and expenditures intended distinguished Senator from North Da- the effort we have, on a bipartisan to affect elections) kota that the Constitution should not basis, put together to try to deal with Mr. HOLLINGS. Madam President, be amended lightly, and, as the Sen- the flag desecration problem through has the amendment been reported? ator stated, not amended when there statute rather than by amending the The PRESIDING OFFICER. The are other ways. first amendment to the United States amendment is at the desk. There is a definite difference between Constitution for the first time in its Mr. HOLLINGS. I ask that the clerk the matter of burning the flag—there is 200-year history. It has been a pleasure report the amendment. really no threat to the Republic. There working with the distinguished Sen- The legislative clerk read as follows: is no threat to our democracy. There is ator from North Dakota. I thank him The Senator from South Carolina [Mr. no corruption. I do not like it; others for his support. HOLLINGS], for himself, Mr. SPECTER, and Mr. do not like it. I hope we can pass the We hope all of our colleagues will REID, proposes an amendment numbered 2890. amendment. take a look at a different approach to Mr. HOLLINGS. I ask unanimous But there is basis for the concern this problem when the vote occurs to- consent that reading of the amendment that a constitutional amendment is morrow afternoon. be dispensed with. not in order because there is no threat Madam President, how much time do The PRESIDING OFFICER. Without to the Republic. We have seen and, un- I have remaining? objection, it is so ordered. fortunately, been hardened in a sense The PRESIDING OFFICER. The Sen- The amendment is as follows: to observing the flag being burned. I ator has 30 seconds. On page 2, line 4, strike beginning with happen to be like the man: Convinced Mr. MCCONNELL. I yield it back. ‘‘article’’ through line 10 and insert the fol- against his will is of the same opinion The PRESIDING OFFICER. The Sen- lowing: ‘‘articles are proposed as amend- still. They can keep on saying that is ator from Alabama. ments to the Constitution of the United constitutional. I do not believe it.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3616 CONGRESSIONAL RECORD—SENATE March 27, 2000 I think an amendment to the Con- on Friday, so hurry up, let’s vote until thing I will do as President of the stitution is necessary. But only look 1 o’clock in the morning,’’ whatever it United States is introduce McCain- around us. Where is everybody? Out is, because none of your amendments is Feingold and do away with soft money. raising money. The Senator from going to pass; we have the votes. Governor George W. Bush said that South Carolina is not charging that an That is the most deliberative process. was a terrible thing. I read that in the individual is bribed. I know of no That is the corruption the money news. But I remembered back to Janu- bribes. That is not my argument. has gotten us into. You can’t consider ary 23, in his interview with George My argument and position is that anything here. Come Tuesday, they Will, when Governor Bush said soft this Congress, the process, and the say, ‘‘well, we will have a caucus.’’ In money, both corporate and labor, Government have been corrupted by the main, that is about money and how should be banned. I agree. But I will the money chase. We all know the we are going to collect it, and how we have to agree with the distinguished amount of money. But all you have to will dock each other so many thou- Senator from Kentucky that it is pat- do is have been around here for 30-some sands of dollars, and who has been to ently unconstitutional according to years and you get the feel, very defi- meetings, and everything else of that the Court. All we are trying to do is nitely, that the money chase has taken kind. Otherwise, come evening, ‘‘hurry constitutionalize McCain-Feingold or over and we are thoroughly corrupted. up and let’s adjourn early because I any and every other idea you want, I say that because here it is Monday. have a fundraiser Tuesday evening.’’ whether you want to publicly finance, It is really a wash day. There are no Or, on Wednesday we have a window. whether you want to give free TV time, votes. There is nobody here to hear ‘‘Can we make sure; I have to go all the whether you want to limit, whether you. This is no deliberative body. That way downtown at lunchtime, so let’s you want to not limit, whether you is really a nasty joke on all of us be- not have any real conduct of the Sen- want to increase the limit—whatever cause we do not deliberate anymore. I ate or work of the Congress because I you want to do. Don’t give me the ar- remember over 30 years ago when we want a window so we can go down and gument on this one because this only would come in on Monday morning and have that fundraiser; or wait until the constitutionalizes your particular idea. work all day, have votes at 9 o’clock on evening.’’ The same thing occurs on Let me read exactly what it says: Monday morning, go throughout Tues- Thursday. Congress shall have the power to set rea- day, Wednesday, Thursday, Friday, and By the way, there is a special sonable limits on the amount of contribu- hope to get through by 5 on Friday and Wednesday afternoon set up where we tions that may be accepted by, and the take Saturday and Sunday off and go are supposed to go over to our cam- amount of expenditures that may be made back to work on Monday. But we start paign committees and get on the phone by, in support of, or in opposition to, a can- didate for nomination for election to, or for the week here with no votes, nobody for hours in the afternoon. To do what? the election to, Federal office. around, no deliberation, no exchange of To call for money. I thought when we We have had this up for over 10 years, ideas, no legislation, just a sort of fill- got elected, the campaign was over and Senator SPECTER and myself. I have in so you can give those who are con- we were going to work for the people. had it up for over 20 years. I can tell cerned their time at bat, limited as it Instead, we go to work for ourselves. you, the States in unanimity, the Gov- is, because it is only half time. Nobody The entire process has been corrupted. ernors’ conference and all, came and is here to listen, so you can learn the That is why we need a constitutional said: Please put us in. We have the fallacy in your arguments or the sub- amendment. same problem, not just for Federal of- stance thereof. But there is no really No, not likely. We have tried for 25 fice but for State office. It is costing $1 good exchange out here by the Mem- years to get around Buckley v. Valeo. million to get elected to the city coun- bers themselves. Monday is gone, and We got a little squeak from Justice cil. It has corrupted the entire process Tuesday morning follows suit because Stevens in the Nixon v. Shrink deci- over the land, and everybody knows it. we have to wait for everybody to get sion. He said: Money is property, not Section 2—this is why we added it— back from their Monday evening fund- speech. But he was only one. The rest A State shall have power to set reasonable raisers. Then we have Tuesday after- of the Court, in other words, had every limits on the amount of contributions that noon, Wednesday, Thursday, and Fri- opportunity to consider it being prop- may be accepted by, and the amount of ex- day is gone. erty and not speech, but they reiter- penditures that may be made by, in support If you don’t think it is corrupted, go ated Nixon v. Shrink, that money is of, or in opposition to, a candidate for nomi- up and ask the majority leader, if you speech. My gracious, if you read that nation for election to, or for election to, please, to take up a bill. ‘‘Oh’’, he says, dissenting opinion with Scalia and the State or local office. ‘‘wait a minute, that might take 3 or 4 other two Justices, they read it to go Of course, Congress is empowered to days.’’ It’s a given, that you are not with removing the limits on contribu- implement and enforce the article by going to call a bill that is going to take tions. Just buy it. This thing is a real appropriate legislation. 3 or 4 days of consideration and debate disaster; it is an embarrassment. That is a very simple amendment. by colleagues. It is not going to be Just coming on the floor, they called You can bet your boots it is far more called. Nothing is called unless the my staff and said: Why in the world important at this particular hour of jury is fixed. would you want to amend the Constitu- our history. The 27th amendment has Why haven’t we taken up the budget? tion here but not with the flag? Well, to do with our pay. Well, it is certainly Because they haven’t been able to fix of course, I corrected that. I would more important than the Fed raising the vote of the Senator from Texas. amend the Constitution with the flag. his pay because if he votes that way, They fixed all the others. They got But those who have some concern they are going to jump all over him at them in line. I don’t know what their about the flag amendment to the Con- the next election. So they didn’t even budget is. There has been give and take stitution need not hesitate with re- need this. This was just puffing and among the members on the Budget spect to this particular amendment. blowing and demonstrating and flag- Committee on the Republican side, but Otherwise, they have been living in a ellating. That is all we have been doing we on the Democratic side have yet to cocoon somewhere, or they have been up here this year. We figured as long as see a budget, even though it is the end in China during the last campaign, be- we could put the people off and sneak of March. We are supposed to have had cause all you have to do is look at the back in, we could get the money to buy the markup for several weeks and be primaries and see that the one thing, the time to buy the office. ready to report it out by this weekend. whether it was Independent, Demo- The 22nd amendment, Presidential We do have notice, but you can bet cratic, Republican or any other kind of term limits. More important than that. your boots if we come together tomor- votes, that they were trying to clean The 23rd amendment, D.C. electoral row afternoon and Thursday, they will up this system. votes. This is more important—this use Thursday night and the threat of, Senator GORE, Vice President GORE, particular corruption to be corrected. ‘‘wait a minute, you will have to work got the message. He said: The first The elimination of the poll tax, the

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3617 24th amendment, and the 25th amend- Jacobs says he’s not suggesting that politi- got together 10 of them with $35,000 ment, Presidential succession. The 26th cians should march in lock step with the apiece. amendment, giving 18-year-olds the polls. ‘‘There are times, like Nixon’s opening What happened was individuals gave right to vote. You have taken away the to China, when politicians should disregard a million, or $500,000, $2 million, dif- public opinion. But it should be part of a vote of all the people, not just the 18- larger discussion about why the public will is ferent amounts in cash. And it so hap- year-olds. being ignored. These should be the excep- pened that after President Nixon had I ask unanimous consent that this tions.’’ taken office, the Secretary of Treas- short article be printed in the RECORD Mr. HOLLINGS. This is entitled ury, John Connolly came to the Presi- at this point. ‘‘Pander Gap.’’ We are not pandering to dent and said: Mr. President, a lot of There being no objection, the article people have given you a lot of money. was ordered to be printed in the the people. We have taken away the votes of all the people, not just the 18- You haven’t met them, you haven’t RECORD, as follows: year-olds. The survey is used to figure shaken their hands, you haven’t been [From the Washington Post, Mar. 19, 2000] out this so-called polling. They say we able to thank them. I think it would be PANDER GAP followed the polls. I am quoting this in order for you to come down to the (By Richard Morin) part of it: ranch. I will put it on at the ranch. This may be really hard to believe: Neither Nixon said: Fine business, that’s Congress nor the President panders to public . . . the surveys are used to figure out how what we will do. opinion. And they don’t craft policy to to sell policies that have already been con- A few weeks later, they turned into structed (much as market researchers con- match the latest poll numbers, either. the ranch. But as they turned into the You scoff. But those are the claims of two vene focus groups and sponsor surveys to political scientists who have documented the find new ways to get you to buy soap). ranch in Texas, there was old Dick gap between what Americans say they want Rather than hewing to the demands of vot- Tuck with the Brinks truck—you know and what their politicians deliver. ‘‘We have ers . . . today’s lawmakers answer to ‘‘the the prankster from the Kennedy years. found a dramatic decline of political respon- extreme ideological elements of their par- My heavens, the Government was up siveness to the wishes and preferences of the ties, to their contributors, and to special in- for sale. We were all embarrassed, Re- public on major policy decisions in at least terests.’’ publican and Democrat. We got to the the past 20 years,’’ assert Lawrence R. Ja- In short, to money, money, money, floor and presented the 1974 Campaign cobs of the University of Minnesota and Rob- millions and millions. The year before Practices Act—we said to our friend, ert Y. Shapiro of Columbia University in last I was supposed to run a race in their forthcoming book, ‘‘Politicians Don’t the Senator from Massachusetts: You Pander.’’ South Carolina on about $3 million at can’t buy it. We looked over there to The researchers tracked Americans’ views the most. I had to spend $5.5 million. the Senator from New York, Mr. Buck- on a range of political issues and compared Since the South has gone Republican, ley and he said: You can’t tell me. I am them with the relevant legislation that Con- it made it more difficult. With two Re- going to buy it. We passed it with an gress eventually approved. Twenty years publican Senators from Alabama, two overwhelming bipartisan majority. But ago, lawmakers did what a majority of from Mississippi, two from Texas, two Senator Buckley then sued the Sec- Americans wanted about two-thirds of the from Tennessee, it seems everywhere I time, they found. Today, Congress is on the retary of the Senate and took it all the same page with the public only about 40 per- look, I’ve got Republicans buzzing way to the Supreme Court. That is cent of the time. This growing disconnect, around me. where we got this distortion which the authors argue, is at the heart of Amer- I am not critical because I got a lot causes the corruption. It was by one ica’s mistrust of politicians, government and of good Republican votes. I am grateful vote, 5–4. the political process. for the Republicans who did vote for If you want to raid the erudite deci- The reputation that President Clinton has me. But, in essence, it was tough to get sions on this particular matter, read developed for governing by poll isn’t accu- those contributions because they didn’t rate, the contend. Certainly, Clinton and Justice White and Justice Marshall in other politicians do a lot of polling, but not want their names to appear, and then the dissenting opinion. They foresaw to make policy; instead, the authors say, the go to the club and have to explain why this corruption in the process, where surveys are used to figure out how to sell in the world they contributed to that we can’t get anything done, where we policies that have already been constructed scoundrel HOLLINGS? They were ready have the unmitigated gall to stand up (much as market researchers convene focus to give me the money, but they could and say: I am going to buy this office. groups and sponsor surveys to find new ways not. So I had to travel the land and tell Of course, they say: Freedom of speech; to get you to buy soap). my story. I was lucky. They gave me a freedom of speech. Nobody is listening Rather than hewing to the demands of vot- ers, the researchers say, today’s lawmakers rather hard-working fellow as an oppo- to that. I never thought the day would answer to ‘‘the extreme ideological elements nent who was all over the place. Didn’t come when they would stand on the of their parties, to their contributors, and to know what he was talking about, about floor and proudly say, ‘‘I am going to special interests.’’ They say the split be- the polls and everything, and trying to buy the office,’’ or a particular party tween politicians and the people accelerated take a fellow who had been in office al- would come and say, ‘‘We are going to in the 1990s, as Congress became increasingly most 50 years, and being arrogant buy the Presidency.’’ That is exactly partisan. about it. You can’t be arrogant and get what they have done. The Republican In their book, Jacobs and Shapiro offer two revealing case studies of how the sausage is elected seven times to the Senate. I Party said: Get out of the way, Steve really made in Washington. The first was the can tell you that. You respond to the Forbes, and all the rest of you; we are failed Clinton health care plan; the second people, and I happily do so. I am re- going to get our candidate, Governor was the ‘‘Contract With America,’’ led by sponding to the people of this country. Bush down in Texas, and we are going former House speaker Newt Gingrich. These I am not amending the Constitution to raise him $70 million. He has already peeks inside the process included interviews lightly. I will yield in a moment to spent $63 million, and it is only March. with dozens of policymakers as well as ac- give my colleague from Alabama time. We have almost 7 or 8 months to go be- cess to reams of memorandums and policy Let’s hearken back to 1971 and 1974, the fore the election. They are not worried drafts. ‘‘Our research showed that public opinion Federal Election Campaign Practices about that. We just never did think. played no role, or [was] secondary at best,’’ Act. I will never forget in the 1968 race, I can see Senator Long of Louisiana. Jacobs said, ‘We don’t trust public opinion. Maurice Stans was running around al- Every mother’s son ought to be able to . . . Constituencies are important to us.’ ’’ most like the Chamber of Commerce. run for the Presidency. That is why we Remarkably, Jacobs said, Republicans told He told various businesses: Your fair have the checkoff on the income tax re- them ‘‘much the same thing, sometimes share is this. He came to the textile in- turn and the matching funds for those using nearly the same words.’’ Partisan con- dustry in South Carolina and said it is who qualify. We thought that was good cerns, special interest pleadings and narrow ideological concerns consistently trumped $350,000. This was 30-some years ago. and plenty. But they spent, by the first the vox pop. ‘‘What a majority of Americans They had never raised $350,000 for this of March, $63 million, and they will really wanted was never a driving factor,’’ he fellow, and I had done everything in spend another $63 million very easily. said. the world for the textile industry. They That crowd has an investment.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3618 CONGRESSIONAL RECORD—SENATE March 27, 2000 If I were going to run for the Presi- flag of the United States is a unique two clauses of this amendment. We are dency, I would run on one particular object and prohibiting its desecration saying incumbent politicians in this message: Let the people of America will not in any way fundamentally body ought to be seeking to encourage know here and now this office is not for alter the free expression of ideas in this laws that would prohibit people from sale. That ought to be a fundamental country. You can speak about why the gathering together and raising funds Americanism—that you can’t buy the flag ought to be burned and that sort of and speaking out. The Senator said we office. thing, but we know the act of it is dif- want a constitutional amendment be- Now, we have several in the body who ferent from speech. It seems to me if it cause it will allow any other thing you had millions in their campaigns and is speech, and if the Court is correct in want to do, whatever you want. He said have gotten to the Senate. I will say in saying it is speech, then the people of it will allow that in terms of campaign the same breath, I look at them and the United States care deeply about finance. That is a scary thing to me— their service, and they would have done protecting the flag. They have an ave- whatever we want. the same without the millions, but nue to adopt a restricted, narrow con- What do incumbents want? They they did spend millions to get here. stitutional amendment that doesn’t in want many times to keep down debate. That is the kind of body we are turning any way jeopardize the ability of our They want to keep from the people the it into more and more each year. You people in this country to speak freely errors they may have made, or the acts can’t consider anything. You can’t de- but would allow States to prohibit the they have carried out with which the bate anything. You can’t take time to burning of a flag. That is what I think people do not agree. Many times the speak to your colleagues. It is a we ought to do. only way we can ever know what the veritable money chase. That is exactly I think it would be healthy for this truth is, is for people who care about why we are not doing anything this country to adopt a constitutional those issues to raise money and speak year. It is the year 2000, the year that amendment that would allow the pro- out against it. the U.S. Congress squats and does tection of the flag because people on I feel very strongly about this. I nothing. There is an old political the battlefield have died for that flag. think this is a major event. If the flag axiom: When in doubt, do nothing, and More Medals of Honor have been amendment is a 1 on a constitutional stay in doubt all the time. That re- awarded for preserving and fighting to scale, this Hollings amendment is a 9 elects a lot of people. That is what we preserve the flag than any other. We or a 10. It is the first time in the his- are motivated by on this particular know the stories of battle when time tory of this country I know of where we afternoon. after time the soldier carrying the flag have submitted a constitutional I am going into the details of the is the target of the enemy. When he amendment that does not increase our amendment again out of necessity and fell, another one would pick it up. freedom, our liberties, and our ability will emphasize why we need a constitu- When he fell, another one would pick it to act and speak as we choose. It will tional amendment, because we have be the first time I know of where we up. When he fell, another one would tried it every other way. The Court has are proposing a constitutional amend- pick it up. That is the history. found, more and more, free speech im- We pledge allegiance to the flag, not ment that would clearly dampen, re- plications in any and all legislation. the Constitution, not the Declaration duce, and control the free rights of Unless we can amend the Constitution of Independence. We pledge allegiance American citizens to speak out on to extract this cancer and this corrup- to the flag because it is a unifying issues they care deeply about. tion from the body politic, we are gon- The Cato Foundation, a conservative event. It is a unifying symbol for ers. I can tell you that democracy is think tank, and the ACLU, a liberal America, and having a special protec- gone. group, are horrified at the very I yield the floor. I reserve the re- tion for it is quite logical for me. I do thought of this. mainder of my time. not believe we should never amend the This is basic constitutional law. We The PRESIDING OFFICER. Under Constitution. I do not think we amend are talking about restricting the right the previous order, the Senator from the Constitution enough. But we want of people to run advertisements during Alabama is recognized for up to 30 min- to have good amendments that are nec- a campaign season to say why they utes. essary, that are important, that enrich care about issues. What more is free Mr. SESSIONS. Madam President, I us, and that make us a stronger nation. speech about? always enjoy the remarks of the Sen- I support that. Chief Justice Rehnquist, in talking ator from South Carolina. I am glad he With regard to the amendment of the about the flag burning, said, ‘‘At best, doesn’t speak with an accent. I can un- Senator from South Carolina, I respect burning a flag is a grunt or a roar.’’ It derstand him better than most around his honesty and his direct approach. I is not really speech at all, if you con- this body. He is a straight shooter and think by his amendment he recognizes sider it some sort of expression, which a skilled lawyer who understands what in the most fundamental sense that I think is a stretch. But even then, you the legal system is about and what we when you constrain the right of people consider it inarticulate speech. That is are doing in the Senate. I respect that. in this country to come together, raise not of great value compared to the uni- I respect his conclusion, which I be- money, and speak out on an issue that fying symbol of the flag. lieve is legally sound, that most of the they care deeply about, you are indeed But when you talk about taking campaign proposals which have been affecting independent thought, free de- away the right of American citizens to proposed in recent years run afoul of bate, and freedom of speech. run ads on television, to buy news- the Constitution, according to a major- The Constitution of the United papers, to print handbills and pass ity of the U.S. Supreme Court. That is States says Congress shall make no law them out, and to say they can’t do a fact. I believe that is a good fact. abridging the freedom of speech. that; why? Well, you just can’t do it Some would say: Well, you want to I am really surprised to look at this during an election cycle. When do you limit free speech when you want to amendment. It goes in just the oppo- want to speak out? What good is it if stop burning the flag and you want to site way. It says Congress shall have you do not want to do it during an prohibit that and that is free speech. the power to place reasonable limits. election cycle? The Supreme Court, by a 5–4 majority, So right away we are amending the I do not want to use all the time I held that the act of burning a flag is first amendment. We are saying Con- have. We have two excellent scholars free speech. I don’t agree with that. In gress shall have the power to place rea- who care deeply about this issue who 1971, the Supreme Court didn’t agree sonable limits on the amount of con- wanted to speak before I got unani- with that. For over 200 years they tributions that may be made and ac- mous consent. I don’t want to take didn’t agree with that. Over 40 States cepted, and the amount of expenditures their time. have laws against it. made by and in support of or in opposi- I will just say this before I yield the When it passed this time recently, it tion to a candidate for office in the floor and ask that my time be given was a 5–4 majority. But in my view, the United States, State and Federal—the back to them.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3619 We do not need to be retreating from faced the guy spending $1.5 million of money, hard money, issue advocacy, freedom. We do not need to be retreat- his own money on a Republican pri- express advocacy, PACs, independent ing from free debate. We do not need to mary in Alabama, but that is the way expenditures, bundling, and the other be adopting a constitutional amend- it is. I do not see how I can tell that terms of art in the campaign finance ment that will allow our children and person he cannot spend that money and debate are euphemisms for freedoms of grandchildren not to rise up, raise express what he believes and cares speech and association protections money, and speak out and condemn a about in that election about why he under the first amendment to our Con- group of incumbents who they believe would be an outstanding candidate. stitution, freedoms belonging to citi- are not doing the right thing in Amer- Many gave to me because they be- zens groups, candidates, and parties. It ica. Sometimes that is the only way lieved I could be an effective voice for is no more complicated than that. you can get the message out. their concerns. That is what America The measure before the Senate, the Frankly, I am not one of those who is all about. I don’t believe it corrupts Hollings constitutional amendment to believes our national news media is politicians. I believe it sucks them into empower the Federal and 50 State gov- fair. I think it is ludicrous to expect the system and makes them be partici- ernments to restrict all contributions and to suggest they are fair and objec- pants. They speak, run ads, and attack, and expenditures ‘‘by, in support of, or tive. They are clearly, in my view, bi- sometimes, unfairly. If we can figure in opposition to Federal and State can- ased toward big government and liberal out a way to do a better job of dis- didates,’’ illustrates this simple fact activity. closing how this money is spent and beautifully and succinctly. The Hol- I am not going to say I am going to from whom it comes, I think that will lings amendment is a blunt instru- subject my campaigns to constant rein- help the public. ment. Where a statutory approach such terpretation of what I do to some I appreciate the leadership of Sen- as a Shays-Meehan or McCain-Feingold media outlet that may get worse than ators BENNETT and MCCONNELL, who and their ilk slices and dices at this it is today. Apparently, they have un- are scholars on these issues. I believe freedom—a cut here, an evisceration limited rights to run their programs the Senate should do well to listen to there—the Hollings amendment every day and call it ‘‘news’’ if they them. I agree with the Senator from reaches out and rips the heart right out want to. Somebody who has a different South Carolina, this is really impor- of the first amendment. view cannot raise money, buy time on tant. More Senators need to be paying Before this week is out, we could be their program, and rebut that? attention to this crucial issue in our on our way to getting rid of the first This is fundamental stuff. This is Nation’s history. amendment protection for everyone ex- right to the core of what the first I yield to the Senator from Ken- cept pornographers. But I rather enjoy amendment was all about. The first tucky. this debate. No pretense, no artifice, no amendment is about intelligent debate, The PRESIDING OFFICER. The Sen- question about it: If you believe that argument, concern over policy issues— ator from Kentucky is recognized. the Government, Federal and State, not whether or not you have a ‘‘grunt’’ Mr. MCCONNELL. I thank the Sen- ought to have the unchecked power to or a ‘‘roar’’ in burning a flag. I don’t ator from Alabama, who has faithfully restrict all contributions and spending believe that was ever intended to be participated in the campaign finance ‘‘by, in support of, or in opposition to covered by the Constitution. debates in the years he has been here, Federal and State candidates,’’ then, If so, we don’t need to go in this di- always very skillfully. I am sure some by all means, vote for the Hollings rection. It is one of the most adverse of the things I will say will be repeti- amendment. If you believe that the steps we could take. It would be an U.S. Supreme Court should be taken error of colossal proportions if this tious because he was right on the mark in his observations about the Hollings out of the campaign finance equation, Senate were to vote to amend the great then the Hollings constitutional charter of freedom, the first amend- amendment. It is important to note at the begin- amendment is for you. ment to the Constitution of the United If the Hollings amendment had been ning of the debate, the last time we States, out of some vain, hopeless ef- in place 25 years ago, there would have had a vote on the Hollings amendment fort that we are going to suppress the been no Buckley decision; Congress was March 18, 1997. Only 38 Senators right of free American citizens to raise would have gotten its way. Inde- money and speak out on what they be- voted for the Hollings amendment, an pendent expenditures would be capped lieve in. effort to amend the first amendment at $1,000. Any issue advocacy that the I am prepared to vote on reasonable for the first time in the 200-year his- FEC deemed capable of influencing controls on campaign funding as long tory of our country, restricting ave- elections would be capped at $1,000. Ev- as it can pass constitutional muster. I nues of political speech. Only 38 of the eryone would be under mandatory believe fundamentally our best protec- 100 Senators believe it necessary, no spending limits. There would be no tax- tion is to allow people to speak; if peo- matter what our views on the various payer funding. It would not be nec- ple give money, disclose how much campaign finance proposals before the essary because spending limits would money they give, and let everybody Senate, to carve a chunk out of the not have to be voluntary. know promptly and immediately. If the first amendment to give the Govern- That is why the American Civil Lib- public knows where the money is com- ment this kind of truly draconian erties Union counsel, Joel Gora, who ing from, they may judge the value of power to control everybody’s speech. was part of the legal team in the Buck- the ads. I know Senator FEINGOLD of McCain- ley case, has called the Hollings con- In my Republican primary 3 years Feingold fame is also going to oppose stitutional amendment a ‘‘recipe for ago for the Senate, I had eight oppo- this amendment. I note that the Wash- repression.’’ nents. They spent $5 million among ington Post, with which I have essen- The media, news and entertainment them. I spent $1 million. Two of my op- tially never been aligned with on a industries, ought to take note. There is ponents spent more than $1 million of campaign finance issue, also opposes no exemption for them in the Hollings their own money. I had to raise every this amendment. constitutional amendment, no media dime I could raise, some $900,000. I With due respect to the Senator from loophole. Under the Hollings constitu- worked hard, and I won the race. John South Carolina, he has framed the tional amendment, the Federal and Connolly, mentioned earlier, spent issue correctly by pointing out that in State governments could regulate, re- more money per vote than any man, order to do what many of the so-called strict, even prohibit the media’s own and he got clobbered. Other senatorial reformers have tried to do, you do need issue advocacy, independent expendi- candidates have spent tens of millions to amend the first amendment. Of tures, and contributions just as long as of dollars and have been clobbered in course, that is a terrible idea, I re- the restrictions were deemed reason- races. spectfully suggest. able. I do not believe money always tells The campaign finance debate is all What we have traditionally done in the tale. It was difficult for me when I about constitutional freedom. Soft order to assert what the Congress

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3620 CONGRESSIONAL RECORD—SENATE March 27, 2000 might consider reasonable is look to the Supreme Court hands down a result . . . I am heartened to learn that those the American people and their views. we do not like is wrong and is dan- who want to ‘‘reform’’ our campaign finance Let’s look at their views with regard to gerous. We trivialize that sacred docu- law are admitting that a constitutional amendment is necessary. But that very ad- the press. ment which so embodies the spirit of mission speaks volumes about the present Eighty percent of Americans want America, which guarantees the success unconstitutionality of most of the proposals newspapers’ political coverage regu- of America, and we treat it as if it were now in the air. It is not for nothing that the lated. You cannot do that under the a rough draft. To be seriously contem- Founders of this nation provided explicitly first amendment; you could under the plating chopping off a huge chunk of for unrestrained freedom of political expres- Hollings amendment. the Bill of Rights must seem incompre- sion and association—which includes, the Eighty-six percent want mandatory hensible to the casual viewer of this Court has said, the right to make political contributions and expenditures. They real- equal coverage of candidates by news- discussion. ized that governments and government offi- papers. You cannot do that under the This debate, like the debate over cials tend to serve their own interests, for first amendment; you could do it under Shays-Meehan and McCain-Feingold, is which the natural antidote is unfettered po- the Hollings amendment. not only about politicians’ first amend- litical opposition—in speech and in the elec- Eighty percent want newspapers re- ment freedoms. The ‘‘in support of or toral process. quired to give equal space to can- in opposition to’’ components of the In the name of countering that tendency this amendment would restrict its antidote. didates against whom they editorialize. Hollings constitutional amendment It is a ruse—an unvarnished, transparent ef- You can’t do that under the first refer to the freedom of everyone else in fort to restrict our political freedom and, by amendment; you could under the Hol- America—private citizens and groups implication, the further freedoms that free- lings amendment. and, yes, as I pointed out, even the dom ensures. That it is dressed in the gos- Seventy percent believe reporters’ media, the entire universe of political samer clothing of ‘‘reform’’ only compounds personal biases affect campaign and speech. the evil—even as it exposes its true char- issue coverage. What makes the Hollings amendment acter. They are right about that. Sixty- on many orders of magnitude so much I also have a letter from the ACLU, eight percent believe newspaper edi- more egregious than the statutory pro- dated March 24, 2000, indicating its op- torials are more important than a posals is that the Supreme Court can- position to the Hollings constitutional $10,000 contribution. not intervene and save America from amendment. In pertinent part, the Sixty-one percent believe that a whatever folly we would engage in on ACLU says the constitutional amend- newspaper-preferred candidate trumps the floor in defining what ‘‘reasonable’’ ment: the better-funded candidate. is. . . . would also give Congress and every Forty-two percent of Americans be- As I said, I recoil in horror from the state legislature the power, heretofore de- nied by the first amendment, to regulate the lieve editorial boards ought to be substance of the Hollings amendment most protected function of the press—edito- forced to have an equal number of Re- while I embrace the clarity of the rializing. Print outlets such as newspapers publicans and Democrats. choice it presents us. It exposes the fal- and magazines, broadcasters, Internet pub- Finally, 45 percent of Americans lacy of McCain-Feingold and other lishers and cable operators would be vulner- think newspapers should be required to such speech suppression schemes. If able to severe regulation of editorial content give candidates free ad space. one believes that McCain-Feingold is by the government. A candidate-centered I mention this survey to make the editorial, as well as op-ed articles or com- constitutional, as its advocates claim mentary printed at the publisher’s expense point that if Congress is going to have it is, then we do not need the Hollings are most certainly expenditures in support of the power to regulate all of this speech, constitutional amendment. If my col- or in opposition to particular political can- presumably, it will refer to the opin- leagues vote for the Hollings constitu- didates. The amendment, as its words make ions of the American people in trying tional amendment, then they have af- apparent, would authorize Congress to set to make these regulatory decisions, firmed what so many of us inside and reasonable limits on the expenditures by the and all of those items I mentioned outside the Senate have been saying: media during campaigns, when not strictly could be fair game in determining what reporting the news. Such a result would be That to do what McCain-Feingold pro- intolerable in a society that cherishes the is reasonable to be spent ‘‘by and on ponents want to do—restrict spending free press. behalf of or in opposition to a can- by, in support of, and in opposition to Even if Congress exempted the press from didate.’’ candidates—then we need to get rid of the amendment, what rational basis would it Again, I commend the Senator from the first amendment. That is what the use to distinguish between certain kinds of South Carolina for offering this amend- Hollings constitutional amendment speech? For example, why would it be justi- ment insofar as he lays on the table does: No more first amendment protec- fied for Congress to allow a newspaper pub- lisher to run unlimited editorials on behalf just what the stakes are in the cam- tion of political speech for anyone, pol- of a candidate, but to make it unlawful for a paign finance debate. To do what the itician or not. wealthy individual to purchase an unlimited reformers say they want to do, limit Fifteen years ago, when I first took number of billboards for the same candidate? ‘‘special interest influence,’’ requires the oath of this office to support and Likewise, why would it be permissible for a limiting the U.S. Constitution which defend the Constitution of the United major weekly news magazine to run an un- gives special interests—all Ameri- States against all enemies foreign and limited number of editorials opposing a can- cans—the freedom to speak, the free- domestic, I had no idea how much time didate, but impermissible for the candidate dom to associate, and the freedom to or his supporters to raise or spend enough and energy I would expend doing just money to purchase advertisements in the petition the Government for redress of that—defending the Constitution, not same publication? At what point is a journal grievances. That is called lobbying. from foreign enemies, mind you, but or magazine that is published by an advo- We have to gut the first amendment from the Congress itself. I certainly cacy group different from a daily newspaper, and throw on the trash heap that free- could not have imagined that the Sen- when it comes to the endorsement of can- dom which the U.S. Supreme Court ate would spend so much time seri- didates for federal office? Should one type of said six decades ago is the ‘‘matrix, the ously discussing whether we should media outlet be given broader free expres- indispensable condition of nearly every wipe out core political freedoms. We sion privileges than the other? Should na- tional media outlets have to abide by fifty other form of freedom.’’ need to stop this, and I am confident different state and local standards for ex- Some would call that horror reform. and hopeful that the Hollings amend- penditures? These are questions that Con- A few dozen Senators may even vote ment will be defeated overwhelmingly gress has not adequately addressed or an- for it. As I said, last time 38 voted for tomorrow, as it has been defeated over- swered. it. We can all agree to disagree on cam- whelmingly in the past. All of which would be before the Con- paign finance. We can even agree to I will mention a couple of recent let- gress if the Hollings amendment were disagree on what is reform. But surely ters in relation to this amendment. to become law. we can also agree that this business of One is from Roger Pilon at the Cato In- Madam President, I ask unanimous amending the Constitution whenever stitute who says in pertinent part: consent that the letter from the Cato

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3621 Institute, the ACLU, and an editorial permits Congress and the states to enact litical candidates. The amendment, as its from the Washington Post, also oppos- laws regulating federal campaign expendi- words make apparent, would authorize Con- ing the Hollings amendment, be print- tures and contributions. gress to set reasonable limits on the expendi- Whatever one’s position may be on cam- tures by the media during campaigns, when ed in the RECORD. paign finance reform and how best to achieve not strictly reporting the news. Such a re- There being no objection, the mate- it, a constitutional amendment of the kind sult would be intolerable in a society that rial was ordered to be printed in the here proposed is not the solution. Amending cherishes the free press. RECORD, as follows: the First Amendment for the first time in Even if Congress exempted the press from CATO INSTITUTE, our history in the way that S.J. Res. 6 pro- the amendment, what rational basis would it Washington, DC, March 24, 2000. poses would challenge all pre-existing First use to distinguish between certain kinds of Hon. MITCH MCCONNELL, Amendment jurisprudence and would give to speech? For example, why would it be justi- Chairman, Committee on Rules and Administra- Congress and the states unprecedented, fied for Congress to allow a newspaper pub- tion, U.S. Senate, Washington, DC. sweeping and undefined authority to restrict lisher to run unlimited editorials on behalf DEAR CHAIRMAN MCCONNELL: Your office speech protected by the First Amendment of a candidate, but to make it unlawful for a has invited my brief thoughts on S.J. RES. 6, since 1791. wealthy individual to purchase an unlimited offered by Senator Hollings for himself and Because it is vague and over-broad, S.J. number of billboards for the same candidate? Senators Specter, McCain, and Bryan, which Res. 6 would give Congress a virtual ‘‘blank Likewise, why would it be permissible for a proposes an amendment to the Constitution check’’ to enact any legislation that may major weekly newsmagazine to run an un- of the United States that would grant power abridge a vast array of free speech and free limited number of editorials opposing a can- to the Congress and the States ‘‘to set rea- association rights that we now enjoy. In ad- didate, but impermissible for the candidate sonable limits on the amount of contribu- dition, this measure should be opposed be- or his supporters to raise or spend enough tions that may be accepted by, and the cause it provides no guarantee that Congress money to purchase advertisements in the amount of expenditures that may be made or the states will have the political will, same publication? At what point is a journal by, in support of, or in opposition to, a can- after the amendment’s adoption, to enact or magazine that is published by an advo- didate for nomination for election to, or for legislation that will correct the problems in cacy group different from a major daily election to,’’ any federal, state, or local of- our current electoral system. This amend- newspaper, when it comes to the endorse- fice. ment misleads the American people because ment of candidates for federal office? Should It is my understanding that on Monday it tells them that only if they sacrifice their one type of media outlet be given broader next, Senator Hollings is planning to offer First Amendment rights, will Congress cor- free expression privileges than the other? this resolution as an amendment to the flag- rect the problems in our system. Not only is Should national media outlets have to abide burning amendment now before the Senate. this too high a price to demand in the name by fifty different state and local standards For my thoughts on the proposed flag-burn- of reform, it is unwise to promise the Amer- for expenditures? These are questions that ing amendment, please see the testimony I ican people such an unlikely outcome. Congress has not adequately addressed or an- have given on the issue, as posted at the web Rather than assuring that the electoral swered. site of the American Civil Liberties Union, process will be improved, a constitutional Moreover, the proposed amendment ap- and the op-ed I wrote for the Washington amendment merely places new state and fed- pears to reach not only expenditures by can- Post, copies of which are attached. eral campaign finance law beyond the reach didates or their agents but also the truly Regarding the proposed campaign finance of First Amendment jurisprudence. All Con- independent expenditures by individual citi- amendment, I am heartened to learn that gress and the states would have to dem- zens and groups—the very kind of speech those who want to ‘‘reform’’ our campaign fi- onstrate is that its laws were ‘‘reasonable.’’ that the First Amendment was designed to nance law are admitting that a constitu- ‘‘Reasonable’’ laws do not necessarily solve protect. tional amendment is necessary. But that the problems of those who are harmed by or very admission speaks volumes about the locked out of the electoral process on the If Congress or the states want to change present unconstitutionality of most of the basis of their third party status, lack of our campaign finance system, then it need proposal now in the air. It is not for nothing wealth or non-incumbency. The First not throw out the First Amendment in order that the Founders of this nation provided ex- Amendment properly prevents the govern- to do so. Congress can adopt meaningful fed- plicitly for unrestrained freedom of political ment from being arbitrary when making eral campaign finance reform measures with- expression and association—which includes, these distinctions, but S.J. Res. 6 would en- out abrogating the First Amendment and the Court has said, the right to make polit- able the Congress to set limitations on ex- without contravening the Supreme Court’s ical contributions and expenditures. They re- penditures and contributions notwith- decision in Buckley v. Valeo. Some of these alized that governments and government of- standing current constitutional under- reform measures include: ficials tend to serve their own interests, for standings. Public financing for all legally qualified which the natural antidote is unfettered po- Once S.J. Res. 6 is adopted, Congress and candidates—financing that serves as a floor, litical opposition—in speech and in the elec- local governments could easily further dis- not a ceiling for campaign expenditures, toral process. tort the political process in numerous ways. Extending the franking privilege to all le- In the name of countering that tendency Congress and state governments could pass gally qualified candidates, this amendment would restrict its antidote. new laws that operate to the detriment of Providing assistance to candidates for It is a ruse—an unvarnished, transparent ef- dark horse and third party candidates. For broadcast advertising, fort to restrict our political freedom and, by example, with the intention of creating a Improving the resources for the FEC so implication, the further freedoms that free- ‘‘level playing field’’ Congress could estab- that it can provide timely disclosure of con- dom ensures. That it is dressed in the gos- lish equal contributions and expenditure tributions and expenditures, samer clothing of ‘‘reform’’ only compounds limits that would ultimately operate to the the evil—even as it exposes its true char- benefit of incumbents who generally have Providing resources for candidate travel. acter. If the true aim of this amendment is higher name recognition, greater access to Rather than argue for these proposals, incumbency protection, then let those who their party apparatus and more funds than many members of Congress continue to pro- propose it come clean. Otherwise, they must their opponents. Thus, rather than assure pose unconstitutional measures, such as the be challenged to show why the experience of fair and free elections, the proposal would McCain/Feingold bill that are limit-driven previous ‘‘reforms’’ will not be repeated in enable those in power to perpetuate their methods of campaign finance reform that this case too. Given the evidence, that will own power and incumbency advantage to the place campaign regulation on a collision not be an enviable task. disadvantage of those who would challenge course with the First Amendment. Before Fortunately, candor is still possible in this the status quo. Senators vote to eliminate certain First nation. This is an occasion for it. I urge you S.J. Res. 6 would also give Congress and Amendment rights, the ACLU urges the Con- to resist this amendment with the focus that every state legislature the power, heretofore gress to consider other legislative options, candor commands. denied by the First Amendment, to regulate and to give these alternatives its considered Yours truly, the most protected function of the press— review through the hearing and mark-up ROGER PILON, editorializing. Print outlets such as news- processes. Vice President for Legal Affairs. papers and magazines, broadcasters, Internet The ACLU urges Senators to oppose S.J. publishers and cable operators would be vul- Res. 6. As Joel Gora, Professor of Law of the AMERICAN CIVIL LIBERTIES UNION, nerable to severe regulation of editorial con- Brooklyn Law School recently stated, ‘‘This WASHINGTON NATIONAL OFFICE, tent by the government. A candidate-cen- constitutional amendment is a recipe for re- Washington, DC, March 24, 2000. tered editorial, as well as op-ed article or pression.’’ DEAR SENATOR: The American Civil Lib- commentary printed at the publisher’s ex- Sincerely, erties Union strongly opposes S.J. Res. 6, the pense are most certainly expenditures in LAURA W. MURPHY, proposed constitutional amendment that support of or in opposition to particular po- Director.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3622 CONGRESSIONAL RECORD—SENATE March 27, 2000 [From the Washington Post, Dec. 2, 1996] perfect world, and that would be its virtue as equation to a great degree, while spe- WRONG WAY ON CAMPAIGN FINANCE well as a flaw. cial interests have filled the vacuum. Campaign finance reform is hard in part Mr. MCCONNELL. Madam President, He concludes his column by saying: because it so quickly bumps up against the how much time do I have remaining? Clearly, the voters don’t like the current First Amendment. To keep offices and office- The PRESIDING OFFICER. The Sen- campaign finance system, and they are eager holders from being bought, proponents seek ator has 32 minutes remaining. for change. But they haven’t considered the to limit what candidates for office can raise Mr. MCCONNELL. I yield to the dis- ramifications of many of the proposals, and and spend. That’s reasonable enough, except tinguished Senator from Utah what- most of the suggestions for reform have ig- that the Supreme Court has ruled—we think nored the realities of political campaigns. correctly—that the giving and spending of ever time he may need. Reformers would be well advised to start at campaign funds is a form of political speech, The PRESIDING OFFICER. The Sen- the beginning, not at the end. and the Constitution is pretty explicit about ator from Utah is recognized. If I may be a little parochial for a that sort of thing. ‘‘Congress shall make no Mr. BENNETT. Madam President, I moment, there is an editorial that ap- law . . . abridging the freedom of speech’’ is have enjoyed this discussion because it peared in the Salt Lake Tribune, my the majestic sentence. So however laudable is always enlightening and is the kind hometown newspaper, entitled ‘‘Don’t the goal, you end up having to regulate of discussion the American people need lightly and indirectly in this area, which Ban Soft Money.’’ The Salt Lake Trib- to hear in the present atmosphere, means you are almost bound to achieve an une is not known for its friendliness to when there is a rush to blame all of our imperfect result. Republican candidates. But they have problems on our campaign finance sys- As a way out of this dilemma, Senate Mi- raised this issue, as is their first nority Leader Tom Daschle added his name tem, and say: If we only reform the amendment right as a newspaper. They the other day to the list of those who say the campaign finance system, the millen- say: Constitution should be amended to permit nium will come. Everything will be the regulation of campaign spending. He marvelous. We will vote on Mondays. The campaign-reform prescription of the wasn’t just trying to duck the issue by rais- moment is ‘‘ban soft money.’’ Beware. The ing it to a higher level as some would-be Our political system will take care of cure could be worse than the disease. itself. There will be purity throughout amenders have in the past. Rather, his argu- They go on to describe all of that, all the land. ment is that you can’t win the war without and then they make the same point as I come to this debate not as a lawyer the weapons, which in the case of campaign Stuart Rothenberg: finance means the power not just to create but as a businessman. One of the things incentives to limit spending but to impose I learned in the business world is: Find A ban on soft money would simply encour- age big donors to run issue campaigns them- spending limits directly. out if it works. It is very interesting to But that’s what everyone who wants to put selves. Then a candidate’s supporters could an asterisk after the First Amendment says: have the theory laid out before you, do a hatchet job on an opponent without any We have a war to fight that we can win only but the question is, Does it work? Will accountability to anyone. Some groups al- if given the power to suppress. It’s a terrible the situation be as advertised before ready are adept at this tactic. precedent even if in a virtuous cause, and of you make the purchase? I do not know if they ever met, but course, it is always in a virtuous cause. The We have enough examples before us the Salt Lake Tribune and Stuart people who want a flag-burning amendment that I think make it clear that the cur- Rothenberg are making the same think of themselves as defenders of civic vir- rent reforms being talked about— point: If you put the campaign finance tue too. These amendments are always for whether it is a constitutional amend- the one cause only. Just this once, the sup- reform pressure on the candidate, you porters say. But having punched the one ment or McCain-Feingold, which I be- increase the power of independent ex- hole, you make it impossible to argue on lieve would be struck down as uncon- penditures, you increase the power of principle against punching the next. The stitutional—do not work. Let’s look at special interest groups. question becomes not whether you have ex- the evidence. Let’s see what we have. Here is a column by Dane Strother, a ceptions to the free speech clause, but which Stuart Rothenberg has a column in Democratic political consultant. I am ones? Roll Call, a newspaper with which all trying to not just quote Republicans Nor is it clear that an amendment would of us on the Hill are familiar. This ap- here. This appeared in the New York solve the problem. It would offer a means but peared on March 20, 1997, but it is still not the will. The system we have is a system Times on February 1, 1997. He said: that benefits incumbents. That’s one of the applicable. It is talking about cam- Limiting candidates’ spending usually suc- reasons we continue to have it, and future paign finance reform applied in the ceeds only in giving special interests even incumbents are no more likely to want to State of Colorado. The headline is: more clout. junk it than is the current crop. ‘‘Look Before You Leap: Colorado’s Once again, that is the same state- The campaign finance issue tends to wax Lesson on Campaign Finance.’’ It goes ment as these others. I will repeat it: and wane, depending on how obscene the through and describes the reforms that Limiting candidates’ spending usually suc- fund-raising was, or seemed, in the last elec- were established in Colorado, backed tion. The last election being what it was, ceeds only in giving special interests even Congress is under a fair amount of pressure by Common Cause and the League of more clout. Consider recent ‘‘reform’’ efforts to toughen the law. The Democrats doubtless Women Voters, setting limits on can- in Kentucky and the District of Columbia. feel it most, thanks to the revelations of sus- didates and limits on contributions. To We are dealing with actual results pect fund-raising on the part of the presi- quote Rothenberg: here. We are not dealing with theory. dent’s campaign, though the Republicans Now, however, most seasoned political He describes how, when he was living have their own sins to answer for—not least operatives and many candidates will tell you in the District of Columbia, campaign their long record of resistance to reform. privately that they think the law is terrible. contributions were limited. He says: With all respect to Mr. Daschle, a constitu- They complain that the limits are too low In 1993, Washington limited contributions tional amendment will solve none of this. . . . and they note that the law doesn’t ad- in mayoral races to $100— The American political system is never dress independent expenditures, which will going to be sanitized, nor, given the civic now balloon. Boy, that is draconian— cost of the regulations that would be re- down from $2,000 per election cycle. Some quired (even assuming that a definition of That is the point I want to make over and over again: ‘‘independent ex- candidates struggled mightily to raise even the sanitary state could be agreed upon), $30,000, and couldn’t get their messages to should that be anyone’s goal. Rather, the penditures, which will now balloon.’’ the public. I lived in the District then, and goal should be simply to moderate the role of He goes on in the column to say: didn’t receive a single political flier or piece money in determining elections and of So instead of making candidates more re- of mail. Some do-gooders would find this an course the policies to which the elections sponsible for the campaign environment, the improvement, but information is the basis of lead. The right approach remains the same: law actually encourages independent forces an educated vote. Give candidates some of the money they to become active. need to run, but exact in return a promise to Then here is the punch line—the limit their spending. And then enforce the Here is where they have tried it. same point. He said: promise. Private money would still be spent, They have found that special interest Special interests filled the vacuum. Unions but at a genuine and greater distance from power has gone up, not down, and that and big business set up independent cam- the candidates themselves. It wouldn’t be a candidates have been forced out of the paigns to help the candidates of their liking,

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3623 while politicians were reduced to begging from the Senator from Washington. I theless constant examples of how a them for support. After the election, the cannot think of a better summary than Congress can misuse its powers to limit City Council returned to the old system. that of this title, and I leave it at that: speech and are considered such in al- ‘‘Special interests filled the vacu- ‘‘The First Amendment Is Not A Loop- most any thorough history of the Con- um’’—it is the pattern that has been hole.’’ stitution and of the United States repeated again and again. When you Mr. MCCONNELL. Madam President, itself. put limits on the ability of a candidate again I thank my good friend from Now, what is it that leads us to this to express himself, to raise the money Utah for his support and important moment? Clearly, it is the feeling, the and get his message out, you create an contribution to this debate. We will opinion, that too much money is spent enormous opportunity for special inter- have another hour in the morning on politics, that there is too much po- ests to fill the vacuum. where I hope he will be available and litical speech, and that it is clearly too Here is another example. This one we will discuss that further. free. The distinguished colleague who had to do with an election in Chicago. How much time do I have left? sits in front of me and was recently a It is written by R. Bruce Dold. He talks The PRESIDING OFFICER. The Sen- candidate for President was, I think, about the 1984 race where Charles ator has 21 minutes remaining. rightly critical of two Texas million- Percy lost his seat to Paul Simon. Mr. MCCONNELL. I yield to the dis- aires who advertised in a way he con- He said this was brought about, in tinguished Senator from Washington sidered misleading and false. This pro- large measure, because of a campaign such time as he may need. posal would say that they could be run by an outsider whom he identifies The PRESIDING OFFICER. The Sen- completely muzzled, that they could be as a man named Michael Goland who ator from Washington is recognized. denied the right to speak at all, if it had no connection whatsoever to Paul Mr. GORTON. Madam President, was deemed unreasonable. And cer- Simon but who did not like Charles Members of this body, in speaking tainly the candidate who was the vic- Percy’s voting record. So he ran a se- against a similar, though not identical, tim of such speech deems it to be un- ries of ads. He spent more than $1 mil- attempt to amend the Constitution of reasonable, as would many incumbents lion running his ads, independent of ei- the United States 2 or 3 years ago, I in many Congresses in the United ther Percy or DURBIN, attacking Percy spoke of amending the first amend- States. as a chameleon. He said, if you put ment. We are here dealing with this propo- pressure on the candidates, you will see As I read this short and very simple sition: Too much money is being spent far more chameleon ads. proposal from the Senators from South on politics. Not that too much money He points out that in 1996, the AFL- Carolina and Arizona with respect to is being spent on regulating the activi- CIO spent millions of dollars to run political speech, it does not amend the ties of the people of the United States, ‘‘Mediscare’’ ads against Republicans; first amendment. It repeals it. It states not that too much money is being and then, to balance it, he shows that that the Congress of the United States spent on social or political programs of the Christian Coalition and the Na- has the power reasonably to limit con- the United States, but that too much tional Rifle Association tried similar tributions or expenditures with respect money is spent in responding to those maneuvers. He says, summarizing once to elections for Federal and State of- programs and to that regulation and again: fices. That is exactly the power the that somehow or another the power of If these groups want to express a political Congress of the United States would the Federal Government to regulate opinion, more power to them. But McCain- have were there no first amendment to economic, environmental, and social Feingold would make them more powerful the Constitution of the United States. activities is so benign that we can muz- than the candidates themselves. Our actions in that respect would have zle the criticisms of those who are ad- That is another example, another to meet some test of reasonableness versely affected by that regulation. At place. You go to Colorado, you go to under the 14th amendment in that field least we can muzzle those expressions Utah, you go to Washington, DC, you as they do in every other. But for all which are directed at changing the peo- go to Chicago—everywhere it is tried, practical purposes, the first amend- ple who write the very laws that im- it is demonstrated again and again, the ment to the Constitution of the United pose those regulations. more pressure you put on the can- States, ratified by the States 209 years We can at the very least ascribe con- didates in the name of campaign fi- ago, would be repealed with respect to sistency and thoughtfulness to the pro- nance reform, the more you give to the political speech. moters of this constitutional amend- special interest groups who then, in the Now, it is not deemed that obscenity ment who are also eloquent spokes- words of one of the columnists there, is a significant enough threat to the persons for the original McCain-Fein- fill the vacuum. people of the United States to repeal or gold legislation, legislation that lim- I have more that I would like to say, even to amend the first amendment in its, that comes close to eliminating the but I see my colleague from Wash- that respect. It is not considered im- right of an outside person so much as ington is here, and I want to close so portant enough to change the first to mention the name of a candidate 6 we can hear from him. amendment with respect to tobacco or weeks before an election. I simply want to commend to the alcohol advertising. But it is consid- Yes, if you want to say that anyone— Members of the Senate an article re- ered that free and open political including a newspaper editorialist but printed from the University of West speech, through anything other than even more significantly, someone who Los Angeles Law Review written by an individual’s voice, is now such a does not own a newspaper—who wants James Bopp, Jr., and Richard E. great threat to the free institutions of to criticize a candidate for office in the Coleson, in which I think they summa- the United States that Congress—that 6 weeks before an election, if you want rize it all in the title of their article. is to say, incumbent officeholders— to eliminate that right, if you think it The title is: ‘‘The First Amendment Is ought to be able to limit it in any way is desirable to limit or to eliminate Not A Loophole.’’ I cannot think of a they deem reasonable. This is clearly, that right, you do, in fact, need this better summary of this entire debate as was its predecessor in 1997, the most constitutional amendment. than that title of this article by these profound threat to first amendment McCain-Feingold, as it came before lawyers in this law review: ‘‘The First rights, literally, since that Constitu- this body, in that respect at least is Amendment Is Not A Loophole.’’ Then tion was adopted. clearly and blatantly and openly in they add the subhead: ‘‘Protecting Free The Alien and Sedition Acts in the violation of a constitutional provision, Expression In The Election Campaign last decade of the 18th century were, the first amendment, that says: ‘‘Con- Context.’’ after all, only statutes that were sub- gress shall make no law respecting I may come back to this article at a ject to challenge under the Constitu- freedom of speech or of the press.’’ later point in the debate. But as I say, tion. They also had an automatic ter- That may be the single most quoted now I wish to wind up so we can hear mination date to them. They are none- line in the entire Constitution of the

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3624 CONGRESSIONAL RECORD—SENATE March 27, 2000 United States. But the proponents of It is my understanding there are 2 coming in to do a survey of the most this amendment here today propose ef- hours equally divided in the morning? powerful special interest groups in fectively to strike it from the Con- The PRESIDING OFFICER (Mr. Washington and how they got their stitution as it relates to election cam- ROBERTS). The Senator is correct in power, and he says: ‘‘We couldn’t find paigns for Federal or State or local of- that assumption. any direct relationship between cam- fice. Mr. MCCONNELL. It is not yet deter- paign donations and clout.’’ The statement of the case should as- mined when that would begin, is it? The question arises: if their clout sure its defeat. The statement of the The PRESIDING OFFICER. At 9:30. does not come from the campaign con- case that somehow or another we are Mr. MCCONNELL. Two hours equally tributions, why does the AARP have so too political, that campaigns for office divided beginning at 9:30 a.m.? much power? It is because they have so are too robust as they deal with this The PRESIDING OFFICER. That’s many members. It is voters who make massive engine of the Federal Govern- correct. the difference. ment, and that we should repeal one of Mr. McCONNELL. I yield the remain- What is the group in second place be- the founding theories of this Govern- der of the time on this side to the dis- hind the AARP. It is the National Fed- ment, the right of completely tinguished Senator from Utah. eration of Independent Businessmen. untrammeled and totally free political Mr. BENNETT. Mr. President, I wish Why do they have so much power? Be- speech, to state that proposition is to to add another point to the points I cause they have so many members. It is voters who make the difference. defeat. made earlier when I said that holding I am sure that no one would want to We should not repeal the first amend- down the ability of candidates to ex- say to the AARP, in the name of cam- ment to the Constitution of the United press themselves in terms of the paign finance reform, we are going to States with respect to free political amount of money they can raise and the amount of advertising they can do forbid you to tell your members what speech. We should not modify the first you think about how people vote in only creates an opportunity for special amendment to the Constitution of the Washington. Are we going to say to the interests to fill the vacuum. There is United States with respect to free po- NFIB we are going to forbid you to one other point I need to make with re- litical speech. We should, though we talk to your own members in the name spect to the perceptions on this issue. may lack the imaginations of James of campaign finance reform? Those are Madison and his colleagues in the first The first perception, which I have at- the groups that are 1 and 2 in this inde- Congress, at least have the wisdom and tacked, is that holding down the ex- pendent survey. the humility not to destroy what they penditures and the contributions will You can go through the whole thing wrought at the very founding of this somehow control the special interests. and you will begin to realize that all of constitutional Republic. I am sure the results of where it has the conversation about contributions Mr. MCCONNELL. Madam President, been tried has been in the opposite di- and power in Washington is conversa- how much time does my side have re- rection. tion that takes place in the press gal- maining? The special interest rule now through lery. In the reality of where we com- The PRESIDING OFFICER. The Sen- campaign contributions—I want to pete in the election process, it misses ator from Kentucky has 9 minutes re- share this with the Senate. A survey the mark. maining. was done in Fortune magazine, pub- I remember during the hearings Mr. MCCONNELL. Madam President, lished in December of 1999, byline, Jef- someone said: Senator, with this proc- I am not sure I will use the entire 9 frey Birnbaum, who, again, is not nor- ess you are allowing people to buy ac- minutes. I thank the Senator from mally known for his sympathy of the cess to you. I responded then as I re- Washington for his contribution to this positions of this Senator, he talks spond now: The best way for you to get debate once again, and also my friend about the impact of money on politics access to me is to register to vote in from Utah, and remind everyone the in Washington in this article. Fortune the State of Utah. If you are a voter in last time we voted on the Hollings magazine does an annual survey of who the State of Utah, I will do my best to amendment, it only got 38 votes. Even has the most clout in Washington, get access to you, greet you, sign auto- the Washington Post, with whom I am which special interests are the most graphs, make you feel good about me. seldom aligned on this subject, opposes powerful. It will not cost you anything, particu- the measure. Senator FEINGOLD op- For 3 years running now—and in this larly if you live in Utah. If you don’t poses the measure. article it is the same one—the No. 1 live in Utah, it would be a little hard Mr. GORTON. Will the Senator from special interest that has the most to register there. So I think there are Kentucky yield for a question? power in Washington, rated by those some myths that need to be dispelled. Mr. MCCONNELL. I yield to the Sen- who have done the survey, is—the en- The final one I want to address has to ator from Washington for a question. velope please—the AARP, which is a do with this question of the amount of Mr. GORTON. Is it appropriate, I ask group that, by its rules, does not give money that is flowing and is being my friend from Kentucky, to describe any campaign contributions to anyone. raised. I am quoting now from a paper 38 votes to repeal the first amendment The group that is considered the most presented by Professor Joel Gora from to the Constitution as ‘‘only’’ 38? powerful special interest in Wash- the Brooklyn Law School, another Mr. MCCONNELL. I say to my friend ington by this independent survey is a Democrat, a man who was heavily in- from Washington, it is discouraging group that does not give campaign con- volved in Senator Eugene McCarthy’s that there were even 38, but I say also tributions, hard or soft. insurgent campaign for the Presidency to my friend from Washington, in ear- One of the individuals involved in in 1968. He makes this point: lier Congresses the Hollings amend- pulling together the survey, a man Senator McCarthy’s landmark and prin- cipled 1968 Presidential campaign raised ment got greater support, including up from the Mellman Group—Mark more money, adjusted for inflation, than to 52 votes in favor of the proposition Mellman is his name—he is one of the George W. Bush’s campaign this year . . . back in 1988. So I prefer to look at the pollsters. He normally polls on the I didn’t hear anybody complaining in bright side of this, I say to the Sen- Democratic side of the aisle. I think 1968 that Eugene McCarthy was a tool ators. It makes progress. We are mov- my Democratic colleagues might rec- of special interests bought with special ing in the right direction and, hope- ognize his name. He made this com- interest money. He raised more money, fully, tomorrow there will be even ment, ‘‘We couldn’t find any direct re- adjusted for inflation, than George W. fewer than 38 votes. I think we are lationship between campaign donations Bush has raised this year. And Pro- heading in the right direction. We have and clout.’’ fessor Gora goes on to say: some time remaining. I don’t know I think that is worth repeating in . . . and did so relying on an extremely whether the Senator from Utah would this superheated atmosphere about small handful of extremely wealthy individ- like to speak further. I would be happy how campaign contributions are ‘‘buy- uals who shared the ideals and values of Sen- to give him the remainder of the time. ing’’ the Congress. Here is an outsider ator McCarthy and his supporters. Only in

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3625 the perverted post-Watergate world of cam- in support of or in opposition to a can- But until that is changed and our Con- paign ‘‘reform’’ would the word ‘‘corruption’’ didate for nomination or election to or stitution requires that in the form of a or ‘‘the appearance of corruption’’ possibly for election to Federal office. Section 2 constitutional amendment, it ought be used to describe that noble endeavor. gives similar power to the States in more accurately to be said that it is I didn’t support Eugene McCarthy in identical language. the opinion of the Congress by a two- 1968, but I agree that nobody would In 1976, the day Buckley v. Valeo was thirds vote backed up by the opinion of have said that Eugene McCarthy in handed down, I was an announced can- the State legislatures, three-fourths of 1968 was a tool of special interests or didate for the Republican nomination which are necessary to have the that he was part of corruption or the for the Senate in the State of Pennsyl- amendment come through, that the appearance of corruption? Why? He dis- vania. I had entered into that contest opinion of the Supreme Court is not closed every dollar immediately when on the basis of the 1974 Campaign Fi- correct. it was received, and everybody knew nance Act, which said that a candidate We are debating at the same time a who his supporters were and why they for nomination for the Senate in the constitutional amendment on the flag- were with him. They were with him be- State the size of Pennsylvania would burning issue. Here again, it is not the cause they opposed the war in Viet- be limited to spending of $35,000. My Constitution which says that in the nam. opponent in that primary contest was first amendment a citizen or anyone There is much more that can be said, Congressman John Heinz. On January has a constitutional right to burn a and undoubtedly will be said, but I 30, the Supreme Court said that John flag. But five Justices said in opinions want to leave it at that. A number of Heinz could spend millions, which he the first amendment raises that impli- myths are swirling around this whole did, and my brother, Morton Specter, cation. Four Justices said the first debate. We need to look at the reality, who might have been able to finance amendment did not raise that implica- which is that every time campaign fi- my campaign, was limited to $1,000. I tion. They are opinions. With all due nance reform has been tried at the had a little bit of a hard time under- respect to the men and women who oc- State level, the power of special inter- standing at that point why Congress- cupy the chambers of the Supreme est groups have gone up, not down, as man Heinz’s speech was different from Court, with the columns lining directly a result. The reality of it is that we do Morton Specter’s speech. up with the Senate Chamber, having not have an inordinate amount of When I came to the Congress, I pur- participated in my tenure in eight con- money washing through politics today. sued this issue. As I say, since 1988, firmation proceedings, their opinions If you take it on an inflation-adjusted Senator HOLLINGS and I have pursued are not inviolate. And their opinions basis, it is the same today as it was this constitutional amendment. This is are subject to modification. As our back in 1968. We do have a great deal of the 106th Congress. It was in the 105th Constitution is written, they have the hysteria which, if we don’t puncture Congress and the 104th Congress, et last word unless the provisions of the the balloon of that hysteria, could lead cetera. I believe it is a very important Constitution are followed to have a us to make a seriously significant mis- amendment if we are to eliminate cer- change and an amendment. take. I don’t want us to do that. That tain dangers, and certainly the percep- When the Constitution was formu- is why I am as vigorous as I can be to tion of dangers, in our election system. lated, the Congress was in the first ar- see to it that we do not pass the Hol- In the 1996 Presidential campaign, ticle, and I think the drafters of the lings amendment and we do not, subse- the expenditures were some $400 mil- Constitution thought that Congress quent to that, pass McCain-Feingold. lion. In the congressional campaigns in was the primary article I body. The ex- I yield the floor. 1996, there was almost $300 million in ecutive branch came in in article II. The PRESIDING OFFICER. The dis- the Senate, and more than $477 million The Court came in in article III. There tinguished Senator from Pennsylvania. in the House. In the 1988 congressional is nothing in the Constitution which Mr. SPECTER. I thank the Chair. campaigns, the Senate spending level says the Supreme Court of the United The PRESIDING OFFICER. Who remained at about the same, while the States has the power to invalidate an yields time to the Senator? House spent about $452 million. The act of Congress. There is nothing in the Mr. HOLLINGS. I yield such time as time that it takes Members of Congress Constitution which says that. But the is necessary. to raise the money has been well docu- Supreme Court of the United States, in The PRESIDING OFFICER. The Sen- mented. There is a perception in the 1803, in perhaps the most famous of all ator is recognized. land that Members of Congress—Sen- Supreme Court decisions, in Brown v. Mr. SPECTER. I thank my distin- ators and Representatives—are for Board of Education—perhaps some oth- guished colleague from South Carolina. sale. I think that votes are not for sale, ers—said that the Supreme Court had Mr. President, on January 30, 1976, but I believe there is no doubt of the that authority. I believe it was a wise the Supreme Court of the United public perception to the contrary. decision because someone has to have States handed down a most extraor- The amendment which has been pre- the last word. But their pronounce- dinary decision equating freedom of sented is necessary because of the deci- ments are not statements from the tab- speech with money. That was a shock sion in the Buckley case, and it is im- ernacles, from the Ten Commandants, to me on the day the decision came properly characterized as an amend- or Holy Writ. They are their opinions. down, and it remains a shock, because ment to the first amendment of the It is a very tough mountain to climb to in a democracy political power ought U.S. Constitution. In my personal view, have this amendment adopted because not to be determined by who has the the first amendment to the U.S. Con- it brings together a coalition of people most money. stitution is inviolate. Those words who articulate the sanctity of the first Since 1988, for more than 12 years, have stood this country tremendously amendment really misstating it as the Senator HOLLINGS and I have proposed well, and I would fight any effort to sanctity of the opinions of the Jus- a very basic constitutional amendment change the language of the first tices. which would permit Congress to regu- amendment. But a decision by the Su- Buckley v. Valeo was a split decision. late contributions and expenditures. preme Court of the United States in in- Those individuals, institutions, agen- There is nothing in this amendment terpreting the first amendment is not cies, are combined with the people who which would limit political speech oth- inviolate. It is not Holy Writ. These want to maintain the money chase for erwise, but deals solely with the issue judgments are handed down by individ- elective office the way it is at the of contributions and expenditures. uals who are nominated and confirmed present time, so there is no doubt it is The amendment states Congress shall in the Senate, and they write opinions a very tough proposition. have the power to set reasonable limits because that is their opinion as to Go into the Cloakrooms of both par- on the amount of contributions that what the first amendment means. ties and you find in common parlance may be accepted by and the amount of I submit that to say speech is equiva- the people who say they are for cam- expenditures that may be made by or lent to money is basically outrageous. paign finance reform really are not but

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3626 CONGRESSIONAL RECORD—SENATE March 27, 2000 say so because it will not pass. It is Clinton cut taxes for millions of working It is not a constitutional amendment like the constitutional amendment for families. The Dole/Gingrich budget tried to because it does not seek to change the a balanced budget that requires 67 raise taxes on eight million of them. Presi- words of the Constitution. It does not votes. There are people who say they dent Clinton proposes tax breaks for tuition. seek to change the words of the first The Dole/Gingrich budget tried to slash col- are going to vote for it, but until it lege scholarships. Only President Clinton’s amendment. It seeks only to say the gets to 66, nobody will cast that 67th plan meets our challenges, protects our val- opinions of the Justices in a split Court vote, so there is a fair amount of pos- ues. are not correct. Those are men and turing on the issue before anything can Could anybody with hearing and san- women, not too dissimilar from Sen- be adopted. ity say that is not an advertisement ator HOLLINGS, a very distinguished It is important to focus on the fact for President Clinton? The Supreme lawyer who could have been on the Su- that this provision, this amendment, Court of the United States says it is preme Court if he had chosen to be on this change in the opinions of the Jus- not. That is an issue ad. Why? Because the Supreme Court. In a fact not wide- tices of the Supreme Court in Buckley it doesn’t say ‘‘elect Clinton.’’ It ly known, you don’t have to be a law- v. Valeo does not adopt any specific doesn’t say ‘‘defeat Dole.’’ But it says yer to be on the Supreme Court. kind of change in the campaign laws. It President Clinton protects Medicare. It Parenthetically, I tried to urge Sen- does not say what will happen to soft says Dole-Gingrich tried to raise taxes ator Hatfield to become a Supreme money, it does not say what will hap- on 8 million citizens. Court Justice at one stage because I pen to corporate contributions, it does Try another one: thought he had extraordinary quali- not say what will happen to the union 60,000 felons and fugitives tried to buy fications, one of which was he wasn’t a money, it does not say what will hap- handguns—but couldn’t—because President lawyer, but there are others who have pen to money of millionaires or billion- Clinton passed the Brady bill—five-day different opinions. aires. waits, background checks. But Dole and When you equate money with speech, As we speak, there are campaigns un- Gingrich voted no. One hundred thousand Justice Stevens said in his concurring derway for $25 million in one State in new police because President Clinton deliv- opinion in Nixon v. Shrink Missouri a primary. Is a seat in the Senate ered. Dole and Gingrich? Vote no, want to re- Government PAC: Money is property, something that ought to be up for sale? peal ’em. Strengthen school anti-drug pro- grams. President Clinton did it. Dole and it is not speech. I think $25 million for a primary is too Gingrich? No, again. Their old ways don’t It seems fundamental that in a de- high. Our seats ought not to be up for work. President Clinton’s plan. The new mocracy the power of a person with sale. There is too much of a public way. Meeting our challenges, protecting our money is greater than the power of a trust here for any individual to buy a values. person without money. The proportion seat in the Senate or the House of Rep- Try this one on for size: of the power goes directly in line with resentatives. That is the practical fact Protecting families. For millions of work- how much money that person has. It is of life. ing families, President Clinton cut taxes. not good for America. When the Supreme Court of the The Dole-Gingrich budget tried to raise Senator HOLLINGS and I are going to United States decided Buckley v. taxes on eight million. The Dole-Gingrich be around for a while pushing this con- Valeo—and it is one of the most chal- budget would have slashed Medicare 270 bil- stitutional amendment. We may even lion. Cut college scholarships. The President lenging opinions to read; it goes on for push it until Senator HOLLINGS is a 128 pages of single-spaced opinions—the defended our values. Protected Medicare. And now, a tax cut of 1,500 a year for the senior Senator. He has only been here Court said at one point: first two years of college. Most community since 1966. He has a record of being the We agree that in order to preserve the pro- colleges are free. Help adults go back to senior junior Senator in the history of vision against invalidation on vagueness school. The President’s plan protects our the Senate. I say that only in a mo- grounds, section 608(e)1 must be construed to values. ment of light jest. We have a very dis- apply only to expenditures for communica- tinguished senior Senator from South tions that in express terms advocate the That is not a commercial for Presi- election or defeat of a clearly identified can- dent Clinton, that is an issue advertise- Carolina, Mr. THURMOND, who is the didate for Federal office. ment, so says the law of the land hand- longest serving Senator in the history Then they have a footnote which ed down by the Supreme Court of the of the Senate. says: The Constitution would restrict United States. To say it is ridiculous We intend to keep pushing this. The the application to communications or to say it is outrageous or to say it votes go up and down as the constitu- containing express words of advocacy is nonsensical, to say it is stupid is an ency of the Senate changes. We believe of election or defeat such as ‘‘vote for, understatement. Those are the laws we very strongly that we are right and elect, support, cast your ballot for, are operating under now. that money is not speech. One day we Smith for Congress, vote against, de- We face very determined opposition. will prevail. feat, reject,’’ et cetera. I heard a lot of arguments about myths I yield the floor. That interpretation, on what is and facts, arguments that the Con- The PRESIDING OFFICER. The Sen- called express advocacy, has led to ex- stitution’s right to freedom of speech ator from South Carolina is recognized. traordinary approval of political adver- would be changed by what Senator Mr. HOLLINGS. Mr. President, I tisements, so-called ‘‘issue advertise- HOLLINGS and I and others are pro- thank my distinguished colleague from ments,’’ not regulatable by campaign posing. That is not so. It doesn’t deal Pennsylvania. He is so learned in the finance and which can be paid for by with the right to freedom of speech law and so long on common sense. He soft money which corporations or indi- under the Constitution. It deals with just laid out what the situation is and viduals or unions or anyone can put up campaign contributions and campaign how we are going about, in a very de- in large amounts—millions of dollars. expenditures. liberate, constitutional way, repairing Let me read a couple of commercials When you talk about a good bit of the tremendous damage done by Buck- from the 1996 election early on pur- the legislation which is pending, it is ley v. Valeo. chased with soft money, which really not going to do the job even if it is en- There is no question about the proc- turned the election. This is not a Dem- acted. Better to try than not to try, ess being corrupted. He mentioned a ocrat issue or a Republican issue. Both but if you are dealing with soft money, minute ago that I have been here since sides comport themselves about the it is going to be rejected under the 1966. I have been here when we have same. clear-cut language of Buckley v. Valeo had everybody here at 5:30 and we This is a commercial for President on what is express advocacy contrasted would debate these things and, yes, on Clinton’s reelection. with what is issue advocacy. a Monday. But we do not meet on Mon- American values. Do our duty to our par- The only way to get this job done is days. Why? Because we have been cor- ents. President Clinton protects Medicare. to adopt an amendment. We call it a rupted by the money chase. The Dole/Gingrich budget tried to cut Medi- constitutional amendment, but it real- I have gone to the leaders on both care $270 billion. Protect families. President ly is not a constitutional amendment. sides: Give me a window; how about

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3627 seeing if we do not go late on Thursday ley’s money in Y2K, and the media cov- If you have the money, you have all night because I have to get back to ered it: How much Bush had received, the speech you want. If you don’t have South Carolina for a fundraiser. Every how much Gore had received, how the money, you get lockjaw. Shut up. Senator has done it. We are not here on much this group had received, and we You don’t have speech. Monday. We are not here on Friday. In continue to invite Silicon Valley here In that Buckley v. Valeo decision, 1966 and 1967, under Senator Mansfield, for special sessions. We are really in- read what they said in this distortion: I can tell you right now, we worked terested. ‘‘Money is property; it is not speech,’’ until late Friday afternoon and we re- That is not middle America, and they said Justice Stevens. ported back for rollcalls at 9 o’clock on are not going to create our industrial Then Justice Kennedy: Monday morning. backbone. We admire their ingenuity The plain fact is that the compromise the We worked the full time. We worked and their talent. We are not jealous of Court invented in Buckley set the stage for the full months. We did not have Janu- the money. Let them all make mil- a new kind of speech to enter the political ary off and then another big break in lions. We just want our share. system. It is covert speech. February and another break in March Y2K came, and we passed it. Nothing This is, of course, the famous case of and another break in April and another happened. In opposition to the States, Nixon v. Shrink, the most recent deci- break in May-June and another break in opposition to the States’ supreme sion of this Court: of a month in August. Why the breaks? court justices, in opposition to the The Court has forced a substantial amount To raise the money. If you are not rais- American Bar Association, we repealed of political speech underground, as contribu- ing it for yourself, you are supposed to 200 years of State tort law. Why? Be- tors and candidates devise ever more elabo- rate methods of avoiding contribution lim- go out and raise it for your colleagues. cause of the money. Why, we spent 4 its, limits which take no account of rising The whole process has been cor- days on that one. That was highly im- campaign costs. The preferred method has rupted. Recognize it. We cannot get a portant. Just put up a straw man, been to conceal the real purpose of the bill. We cannot get a debate. We cannot knock it down, and then go home, bold- speech.... talk to each other. Nobody is here. ly and proudly saying: Look what we Issue advocacy, like soft money, is unre- They are not expected to be here. TV have done; we took care of Y2K. stricted, see Buckley, supra, at 42–44, while has corrupted that. If one wanted to Yet, on the other hand, if we have a straightforward speech in the form of finan- know what was going on in the Cham- real problem, they will not call it up. cial contributions paid to a candidate, speech subject to full disclosure and prompt ber, they had to get out of their office Why? On account of the money. I have evaluation by the public, is not. Thus has the and come to the floor. We always had a TV violence bill. There is no mystery Court’s decision given us covert speech. This 15 or 20 Members on one side and 20 or to this. Europe, Australia, and New mocks the First Amendment. 30 Members on the other side listening Zealand do not have children shooting That is what Justice Kennedy talks and joining in, and we had debates on each other in schools. They have a safe about. That is what I am talking serious matters. We debated. The most harbor practice so that violence ap- about. Don’t give me this: Freedom of deliberative body in the world was our pears on television . speech and first amendment. What a reputation. I introduced the same thing, and it shocking thing it is with that black Now we do not bring up a serious was in the Commerce Committee in the ink like the octopus, putting up all the matter unless it is fixed. We cannot last two Congresses. Senator Dole was billboards about the freedom of the produce a budget unless the vote is there. When he went out to the west press and how people want editorial fixed in the Budget Committee, and coast, he came back and said: Oh, this writers to be equally Democratic and when they can get it through it is late is terrible. I said: Senator Dole, why Republican—what kind of nonsense is Thursday evening, when it is quite ob- don’t you be the chief sponsor, you run all of that? And what about getting up vious none of the amendments are it, you take credit for it. It has already and saying: All I want is for you to reg- going to be adopted. The vote is fixed. been debated and we have had testi- ister and vote. The jury is fixed. There is no delibera- mony on it, and it was reported out by Quoting further: tion. They will bring that up, and then a vote of 19–1 from the Commerce Com- The current system would be unfortunate, they have fixed time on it. mittee. It is on the calendar. Call it. and suspect under the First Amendment, had Go to the leader and say: We want to Oh, no, it wasn’t called. We needed it evolved from a deliberate legislative take up this measure, and it takes 3 or the Hollywood money. I have it on ; but its unhappy origins are in our 4 days; and he will look at you as if you calendar now. Again, we debated it. We earlier decree in Buckley, which by accept- are stupid: Don’t you know better, we brought out the study the industry ing half of what Congress did (limiting con- don’t have time to deliberate, we don’t conducted, and the motion picture in- tributions) but rejecting the other (limiting have time to debate. dustry itself found that violence was expenditures) created a misshapen system, one which distorts the meaning of speech. The system is corrupted. Get a life. on the rise. Get along. Go out. Collect some money. It is a real problem in this country, The Senator from North Dakota said: After all, it is the money chase. We but we talk a little bit here and there. Let’s don’t do it lightly. Let’s don’t have to work for ourselves to stay in When we want to get a tried and true amend the Constitution willy-nilly. I office or to keep our colleagues in of- approach and it is on the calendar, agree. But what about when you have a fice. That is the name of the game. they say: Wait a minute, don’t call threat to the democracy, to the Repub- Important issues, I can go down the that, let’s not debate it. lic itself, this corruption of the process list—but when they want money, oh, It is not called up because of the here, where the Congress does nothing wait a minute, there is an exception. money. This attitude has corrupted the because of the money chase that we are That sham, that fraud, that charade of process, and we have a gang over there in. Y2K. For 30 years, the computer indus- that loves the corruption. They come Quoting further: try had notice of the year 2000. For 30 here with their octopus defense. I have The irony that we would impose this re- years, they all could have changed. seen it before. We used to try cases, gime in the name of free speech ought to be sufficient ground to reject Buckley’s wooden They still have 7 months or so to and if you do not have the facts and formula in the present case. The wrong goes change. you do not have the lawyer beaten on deeper, however. By operation of the Buck- There was a big debate. Why? Be- the desk, you squirt out that dark ink ley rule, a candidate cannot oppose this sys- cause the lawyers got the Chamber of of freedom of speech, first amendment, tem in an effective way without selling out Commerce to gin up Silicon Valley. 2,000 years, 20,000 amendments. This is to it first. The gentleman from Intel told me a shocking thing. We all have to sell out. I am running there was not a real problem, and ev- They were not shocked when the 1976 around trying to get money to help my erybody else said there was not a real decision of Buckley v. Valeo came colleagues right this minute. problem. But we had a problem. It was down because that decision is what Soft money must be raised to attack the a money chase for getting Silicon Val- amended the freedom of speech. It said: problem of soft money.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3628 CONGRESSIONAL RECORD—SENATE March 27, 2000 Listen to this sentence: See, when we find Johnny Huang thousands of dollars, your fair share. It In effect, the Court immunizes its own er- guilty, that is in violation of the con- is money, money, money, money. It is roneous ruling from change. tribution laws. That is not free speech. corruption. Let me quote that one more time: That is money. Oh, boy, I wish I was a You tell me about the Washington In effect, the Court immunizes its own er- lawyer before the jury with that crowd. Post; that crowd still calls the deficit a roneous ruling from change. When they held the committee here surplus. You tell me about the ACLU That is why you need a constitu- with Charlie Trie, we had the Govern- and all these other authorities running tional amendment. That is why we are mental Affairs Committee conduct the around and the scare tactics, that octo- here. If you enjoy the corruption, if activities. I do not know how many pus defense, and the dark ink and all of you want to continue on, not being months, but 70 witnesses, 200 witness those other irrelevant matters. We are able to debate anything around here, interviews, 196 depositions under oath, talking sense. We are talking law. We not having to amend, just going 418 subpoenas, with a final report pub- are talking about what the Justices through the motions of arriving and lished in 1998 with six volumes, 9,575 have just stated. There is no question going home, and getting another break pages—about contributions, not free why Justice Stevens said money is and going home to collect some more speech. property and not speech. He was only money, and coming back and going But now this afternoon, we pushed one of the nine. The others could have back to collect more money, and act- that aside. The Senator from Texas gone along and reversed Buckley, and ing as if you are doing the people’s says, You Democrats have all the labor we would be out of this dilemma. We business—it is an embarrassment. unions and we have the corporate would go back to the original intent, They sure know embarrassment when money. However, in South Carolina, I which was to control spending. Now we they try to equate it with free speech, don’t have either one. So let me give are proudly hollering about this and when they can jump on Vice President you George W. Bush’s statement on that and freedoms, and now we are GORE and the Buddhist temple. The soft money, because he’s an authority going to take the newspapers and do Christian right, that fellow Pat Rob- on the subject. away with the editorialists and control ertson with the Christian right, I have This is on January 23. George Will, the press. This amendment doesn’t use had to face that insidious trickery in questioning Governor Bush: the word ‘‘speech.’’ It says ‘‘contribu- all of my campaigns—that Bob Jones tions.’’ It is money. That is exactly crowd. I am glad it is out from under In which case would you veto the McCain- Feingold bill or the Shays-Meehan bill? what we have controlled throughout the radar. and that is what is intended. Let me tell you, it has been going on. Governor Bush: The Senator from Alabama, Mr. SES- I wish Senator MCCAIN had had a That is an interesting question. Yes, I SIONS, stood up there and started read- chance to get organized in the State would. And the reason why is two for one. And I think it does restrict— ing this. He said that is limiting because that is the only way I sur- speech. It is not limiting speech. You I am quoting it verbatim here as vived. You have to sort of out-organize can’t limit speech. But you can limit written. it. But they had Ralph Reed in there, the freedom of the contributions. You and he had been working in there since —free speech for individuals. As I understand and I know that. That is what we are last June. He had it all greased. how the bill was written, I think there has trying to do. They had the poor Senator from Ari- been two versions of it. But as I understand, Under the 1974 act that computed zona’s family in the Mafia. They had the first version restricted individuals and/or spending limits by the number of reg- him fathering illegitimate children. groups from being able to express their opin- istered voters, Senator THURMOND and I And he was in prison. They had him ion. I’ve always said that I think corporate soft money and labor union soft money— would have had $670,000. Double that to getting along with the North Viet- which I do not believe is individual free a million or a half or give us 2.5 mil- namese and going against the veterans. speech, this is collected free speech—ought lion. That is a gracious plenty. When I They had more dirty rumors—totally to be banned. false—of anything you can think of. I first ran for office I ran against a mil- We have Vice President GORE. He got lionaire—a most respected gentleman, mean, you never heard such things. He the message about the corruption. He had no chance. but he had the money. But we out- said: The first thing I will do when I The Christian right and Pat Robert- worked him, just like we out-organized am your President is submit to Con- son: They come on Sunday. They brag. my opponent the year before last in I can show you the statement, 75 mil- gress the McCain-Feingold bill. South Carolina. That is why I am still lion leaflets. They come out and give The people are tired of this political here and able to talk. them out to the church on Sunday mess up here. I am tired of being a part I don’t buy cars in campaigns, but it morning. They distort your record, and of it. They will hear from me again and was suggested that a lot of other can- everything else of that kind. You can- again. The reason you hadn’t heard didates do. When they rent, lease, and not answer because the vote is on Tues- about it is that they forbid a joint res- then later buy a piece of property, all day. olution from coming up. I studied the of that is not freedom of speech. That He said he spent $500,000 carrying calendar and waited for a joint resolu- is money. It is contributions. It is Virginia for George W. Bush. Pat Rob- tion so that my joint resolution won’t where you ought to try to control the ertson, he gets respect. He’s on TV. We be objected to on a point of order. It is spending limits so we don’t become a think that is great. He is a bum, I can finally in order and so we can hear it. bunch of millionaires and instead go tell you. I know him. I knew his father But then I had to go along or else I back to what Russell Long said: Every Willis. He was a real gentleman. Willis wouldn’t have had a chance to intro- mother’s son would be able to run for Robertson was one of the finest gentle- duce it at all because then they would the highest office in the land. men you would ever meet. That fellow have brought the flag amendment up I could go on and on. The afternoon is a scoundrel, whining and weaseling and the cloture vote. is late. To repeal the first amendment, and dealing around. So you bag around here, this most the Senator from Washington turned to But then, of course, the poor Bud- deliberative body, for an hour or 2 the Senator from Kentucky and said, dhists, they want to get in the act. hours to get some work done and no- read that word, that is to ‘‘repeal’’ the There is nothing wrong with the Bud- body is here. Nobody wants to be here first amendment. Now, if you believe dhists getting in the act. They tell me because they are supposed to be out that, you go ahead and vote against now what had happened is that this raising money and having fundraisers this. But you know and I know, it is to young lady, she had gotten contribu- and breakfasts in the morning and win- repeal the corruption. That is what I tions from everybody and then reim- dows at lunchtime and in the evening. am about; I am trying to repeal the bursed them. They found her guilty of It’s taking a few hours on Wednesday corruption. I am trying to get back to the—what?—contributions, not of free afternoon to call on behalf of your the original intent. Yes, you might say speech. campaign committee and come up with we had 38 votes. I remember when we

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3629 had 52 votes, a majority, for this. I re- at all in political campaigns is the in- There being no objection, the article member when I had a dozen Republican dividual without the money. was ordered to be printed in the cosponsors. Take a campaign against a very af- RECORD, as follows: I admire my colleague from Pennsyl- fluent or wealthy person, and they buy [From the Commercial Appeal, Nov. 8, 1998] vania for sticking with me on this, up all the time. At the end, you do not FUNNELING TO CAMPAIGNS MAY BE making it bipartisan. But I don’t know have the money to match it. The TV WIDESPREAD of another one over there, because they station calls you and says: Here are all (By James W. Brosnan) have been disciplined and put right of these time slots gotten by your op- The indictment of Chattanooga developer into the trough and told: You stick ponent, and you have the right to equal Franklin Haney highlights what some cam- with us. This is a party vote, and this it. I don’t have the money. Before long, paign reformers believe could be a frequent, is it. It is freedom of speech and don’t with all of the friends, the family says: but hard to prove, crime—companies reim- bursing their employees for contributions. you forget it. Well, I don’t understand why John ‘‘I suspect it is a lot more widespread than It is not freedom of speech. It is doesn’t answer him. He is not inter- foreign donors trying to press dollars into money. We are trying to control the ested in this race. He is not working. the hands of American politicians,’’ said purchase of the office. We are trying to He looks slovenly. Why? Because he Larry Makinson, executive director of the correct the corruption. We are trying doesn’t have the money. Center for Responsive Politics, a campaign to get back to our work on behalf of That is the point. Right now, I am watchdog group. the people, which is very difficult to do trying to prepare, along with the Sen- Haney Wednesday became the 14th person indicted by the Justice Department’s cam- with the pressures now on Senators up ator from Pennsylvania, Mr. SPECTER, paign finance task force. He is charged with here. It is disgraceful. It is absolutely for being denied the right to speak at 42 counts of using his company’s employees, disgraceful. Everybody knows it. I all. That is under the Buckley v. Valeo friends and relatives to make $86,500 in ille- want somebody to contest it. They are decision. If you have money, you can gal corporate contributions to the Clinton- not around. They are not going to con- speak until the sky is the limit and for Gore campaigns in 1992 and 1995, and the Sen- test it. They are going to make these how long your money will take you. If ate campaigns of former Tennessee Sen. Jim comments about so many years and so you do not have the money, you have Sasser and former Tennessee congressman many amendments and the freedom of the right to get lockjaw, shut up, and Jim Cooper in 1994. speech and the hallowed document and Haney has said he is innocent. The Justice sit down, that ends it, because 85 per- Department said none of the campaigns were everything else. cent of your money goes to television aware of the . Sasser—who lost to I have gone down five of the last six and you are not there. Sen. Bill Frist (R–Tenn.) and became U.S. amendments; all had to do with elec- The people do not know you are in ambassador to China—said in a statement: tions, less important than this corrup- the race. They keep talking about re- ‘‘Although I myself am not under investiga- tion to be corrected, far less a threat. pealing the first amendment. tion, I will of course cooperate fully.’’ I admit, recognize, agree with the Sen- The distinguished Senator from In recent testimony before the House Com- merce oversight subcommittee, Sasser de- ator from North Dakota that we Utah, Mr. BENNETT, said that limiting shouldn’t do it lightly, and we are not picted Haney as someone eager to show his candidates would give special interests credentials around Washington by hiring doing it lightly. If it was only a minor more power. It would create a vacuum, people like Sasser and long-time Democratic problem, whereby we could merely pass and the special interest would fill the fund-raiser Peter Knight. Wednesday’s in- a statute, I would do it. But all of these vacuum. There isn’t any vacuum, ex- dictment also describes someone who was statutes, McCain-Feingold, as the Sen- cept for the poor. The special interests willing to violate the law in order to make ator from Kentucky has contended are in there to the tune of millions and good on his pledge to raise $50,000 for the each time, is patently unconstitu- millions. That is what we all know. We Clinton-Gore committee. tional. You can tell from reading this are trying to limit the special inter- The indictment charges that Haney and his administrative assistant, who was not named most recent decision on soft money ests. We are not trying to create a vac- in the indictment, instructed company em- how they are equating everything with uum they can fill. ployees to make contributions of $1,000 speech. You can see how they have im- That is exactly the point of this par- apiece, filled out the donor cards themselves munized their mistake from change. ticular amendment. You go over again and then wrote Haney Co. checks to reim- Those are not my words. Those are Jus- and again. They raise these straw men burse the employees. tice Kennedy’s words. They have ‘‘im- of exactly the opposite of what is in- Justice Department officials indicate they munized’’ their mistake from change. tended and what is provided for in the discovered the illegal contribution scheme So we have to have a constitutional when Haney came on their radar screen be- Hollings-Specter amendment; namely, cause of reports concerning his hiring of amendment. This is written very care- to limit spending in Federal elections, Knight and Sasser. They represented him in fully, very deliberately, and very rea- and limit spending, of course, in State efforts to obtain a government lease and pri- sonably, where we don’t take sides one elections. vate financing for the Portals office complex way or the other, whether you are for With respect to the cases, I cited the here. or against McCain-Feingold, whether case where the individual got caught House Republicans have charged that the you are for or against free TV time, trying to go around. I refer now to fees paid by Haney, $1 million to Knight and whether you are for or against public James W. Brosnan’s article in The $1.8 million to Sasser, may have been illegal contingency fees. Government contractors financing, whether you are for or Commercial Appeal dated November 8, may not pay lobbyists based on whether a against your idea you have on cam- 1998. contract is awarded. The Justice Department paign finance. This will constitu- The indictment of Chattanooga de- continues to investigate the Portals lease. tionalize it so we can quit this sham of veloper Franklin Haney highlights Campaign finance experts say illegal cor- beating around the bush. It is hit and what some campaign reformers believe porate contributions are seldom discovered run driving with a, yes, I am for re- could be a frequent, but hard to prove, unless a company employee blows the whis- form, knowing good and well that the crime—companies reimbursing their tle or the company comes under scrutiny for another matter. Court is going to throw it out when it employees for contributions. ‘‘It’s a scheme which is extremely difficult gets there. So we can find out who is The indictment charges that Haney to uncover,’’ said Ellen Miller, executive di- who and what is what. I understand and his administrative assistant, who rector of Public Campaign, a group which that this corruption should cease. was not named in the indictment, in- supports public financing of campaigns. I want to complete the thought I was structed company employees to make Gary Burhop, the lobbyist for Memphis- making with respect to various com- contributions of $1,000 apiece, filled out based Harrah’s Inc., said he doubts it’s a fre- ments of the Senator from Washington, the donor cards themselves and then quent practice. ‘‘If it happens, it happens more out of igno- Mr. GORTON, who said they are being wrote Haney Company checks to reim- rance than a willful desire to violate the denied under the Hollings amendment burse the employees. law,’’ said Burhop, based on his observation the right to speak at all. Not so. The I ask unanimous consent that the en- of cases before the Federal Election Commis- person being denied the right to speak tire article be printed in the RECORD. sion.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3630 CONGRESSIONAL RECORD—SENATE March 27, 2000 Larry Sabato, a University of Virginia po- paign of Espy’s brother and then pad- We had that enough in 1978, which I litical scientist who has studied campaign fi- ded his expense account to get the explained because I know what was nance laws for 25 years, said he doesn’t be- money back. He was fined $150,000 and called upon in cash moneys in my par- lieve the practice ‘‘is widespread, but I don’t ordered to write and send descriptions ticular State. It was listed all over the think they catch everybody who does it, ei- country. Connolly asked the President, ther. It’s very difficult to catch unless some- of the campaign finance law to 2,000 body snitches. You have a know who to tar- lobbyists. and he went down to collect. They put get.’’ Another New Orleans attorney, Alva- up with Dick Tuck in the Brinks truck Haney’s indictment was the second rez Ferrouilet, was sentenced to 1 year as it turned into the ranch in order to brought by the campaign finance task force. in prison for disguising $20,000 in illegal have the barbecue so the President On September 30, Mark Jimenez 52, of contributions to Espy. could thank his contributors whom he Miami, the chief executive officer of Miami- The other cases have resulted in fines had not even met. based Future Tech International, was of $1.5 million against Sun-Diamond We all were so embarrassed. It is bad charged with funneling $23,000 into the Clin- when there is not even any embarrass- ton-Gore campaign, and $16,500 into four Growers, $480,000 against Sun-Land Products, $80,000 against American ment in this body. The corruption is other Democratic campaigns, from his com- exacerbated. I learned that word hav- pany and another controlled by a relative. Family Life Assurance Company, and Two companies have been prosecuted by $2 million against the Crop Growers ing come to Washington—‘‘exacer- local U.S. attorneys for using straw donors Corporation. bate.’’ It continues to exacerbate, and to make illegal contributions to the 1996 This corruption is rampant, and you it gets worse and worse. presidential campaign of former Kansas Re- can’t stop it unless you get this con- I yield back the remainder of our publican Bob Dole. stitutional amendment. Everyone un- time, and I suggest the absence of a Simon Fireman, a national vice chairman quorum. derstands what Justice Kennedy said— of Dole’s campaign, funneled $100,000 into The PRESIDING OFFICER (Mr. FITZ- that you are not going to have this Dole’s campaign using employees of his com- GERALD). The clerk will call the roll. pany, Aqua Leisure Industries of Avon, Mass. covert speech. You are not going The assistant legislative clerk pro- He paid a $6 million fine. around, and you are not going to em- ceeded to call the roll. Empire Sanitary Landfill of Scranton, Pa., ployees, because the name of the game Mr. SESSIONS. Mr. President, I ask pleaded guilty to contributing $110,000 to the is—I know because I ran for President. unanimous consent that the order for Dole and other Republican campaigns I know one State that I believe I could the quorum call be rescinded. through employees and paid an $8 million have taken, but the one who succeeded fine. The PRESIDING OFFICER. Without Independent counsel Donald Smaltz was in taking it spent x thousands of dol- objection, it is so ordered. appointed to investigate football game tick- lars above the limit. It was 2 years CLOTURE MOTION ets and other gifts to former Agriculture sec- later they found out that he spent over Mr. SESSIONS. Mr. President, on be- retary Mike Espy, but his four-year probe the limit. That was the end of that. half of the leader, it is the leader’s has produced six convictions for illegal cor- What I am saying is, you can’t con- hope and intention to have a final vote porate campaign contributions. trol this. It is a Federal election cam- on the pending joint resolution before In one case, lobbyist Jim Lake arranged paign practices commission because it the Senate adjourns on Tuesday, March for $5,000 in contributions to the 1994 Mis- is all ex post facto. It is lost in the sissippi congressional campaign of Espy’s 28. However, if a consent agreement brother, Henry Espy, and then padded his ex- dust. cannot be reached, a cloture vote will pense account to get the money back. He was This has been going on, particularly occur on Wednesday morning. With fined $150,000 and ordered to write and send with you and I serving in the Senate. that in mind, I send a cloture motion descriptions of the campaign finance law to We can’t talk sense, we can’t debate, to the desk and ask for its immediate 2,000 lobbyists. we can’t get measures up, and we can’t consideration. In another, New Orleans attorney Alvarez deliberate because we have been cor- The PRESIDING OFFICER. The clo- Ferrouilet was sentenced to one year in pris- rupted by the money chase. ture motion having been presented on for disguising $20,000 in illegal contribu- Mondays and Fridays, gone; Tuesday under rule XXII, the Chair directs the tions to Espy. morning, gone; windows here and there clerk to read the motion. The other cases have resulted in fines of The legislative clerk read as follows: $1.5 million against Sun-Diamond Growers, and yonder for lunches, dinners, fund $480,000 against Sun-Land Products $80,000 raisers, breaks now every month of the CLOTURE MOTION against American Family Life Assurance year. Why: They go raise some more We the undersigned Senators, in accord- Co., and $2 million against Crop Growers money, and we are not getting the ance with the provisions of rule XXII of the Corp. work of the people done. Standing Rules of the Senate, do hereby move to bring to a close debate on Calendar Mr. HOLLINGS. Mr. President, this I was here when it worked, when we No. 98, S. J. Res. 14, an amendment to the is the pertinent part. met at 9 o’clock on Monday morning. Constitution of the United States author- Simon Fireman, a national vice Nobody was here at 9 o’clock this Mon- izing the Congress to prohibit the physical chairman of Dole’s campaign, funneled day morning. Nobody is here now be- desecration of the flag of the United States. $100,000 into Dole’s campaign using em- cause they are all out raising money. I Trent Lott, Orrin Hatch, Bill Roth, Peter ployees of his company, Aqua Leisure can tell you, we worked until Friday Fitzgerald, Rod Grams, Ted Stevens, Industries of Avon, MA. He paid a $6 afternoon at 5 o’clock. Ask Senator Chuck Hagel, Thad Cochran, Paul Coverdell, Pat Roberts, Phil Gramm, million fine. BYRD. He remembers. He knows how Frank H. Murkowski, Don Nickles, Bob Empire Sanitary Landfill of Scran- hard we worked in those days when he Smith of New Hampshire, Susan Col- ton, PA, pleaded guilty to contributing was leader. lins, and Tim Hutchinson. $110,000 to Dole and other Republican But the system and the Buckley v. Mr. SESSIONS. It is the leader’s campaigns through employees and paid Valeo cancer are overtaking all of us. hope the final vote will occur tomor- an $8 million fine. We are all part of it. I have asked for row. However, if this cloture vote is Independent counsel Donald Smaltz windows, and I have had to chase at necessary, I now ask consent it occur was appointed to investigate Mike holidays. I continue to do so. I am say- at 10 a.m. on Wednesday and the man- Espy, which we all know about. ing to myself and to all of us that it is datory quorum under rule XXII be I don’t know what happened to time we sort of fess up and understand waived. Haney, or whether or not he was found that this has to stop. We have to start The PRESIDING OFFICER. Without innocent. But let’s assume so. I am not working on behalf of the people and not objection, it is so ordered. ourselves. Let’s do away with the cor- trying to disparage. I am just trying to f say here is the corruption that actu- ruption. Let’s get back to the original ally goes on. intent of Buckley v. Valeo, which was MORNING BUSINESS In one case, lobbyist Jim Lake ar- totally bipartisan and overwhelmingly Mr. SESSIONS. Mr. President, I ask ranged for a $5,000 contribution to the passed. That was to limit spending or consent there be a period for the trans- 1994 Mississippi congressional cam- stop the buying of the office. action of routine morning business

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3631 with Senators permitted to speak for cheating, in effect, on themselves at ducing more oil and gas in the United up to 10 minutes each. our expense because last year they States. We can do it safely. We have The PRESIDING OFFICER. Without agreed to cut production. They devel- the American technology. We have the objection, it is so ordered. oped a discipline within OPEC to cut overthrust belt, the Rocky Mountains, f production back to 23 million barrels Colorado, Wyoming, Utah, Montana, per day. But they did not keep that Louisiana, Texas, those States that THE OIL CRISIS commitment. They are currently pro- want OCS activity. Mr. MURKOWSKI. Mr. President, ducing 24.2 million barrels a day. That My State of Alaska is perfectly capa- there has been a great deal of anticipa- is about 1.2 million over the agree- ble of producing more oil. We produce tion today on what OPEC might do. ment. nearly 20 percent of the total crude oil; For those of you who do not recall the So if they come up tomorrow and an- it used to be 25. We have the tech- sequence, several weeks ago, our Sec- nounce they are going to come out nology. We know how to open up the retary of Energy went over to OPEC, with a million and a half barrels a day Arctic areas and make sure the ani- encouraging them to increase produc- increase, that isn’t a million and a half mals and the character of the land are tion. The concern was that we were ap- barrels net; the net is 300,000 barrels a protected because we only operate in proximately 56-percent dependent on day. So we better darn well look at the wintertime. Our roads are ice imported oil. A good portion of that that arithmetic. If they come up with 2 roads. They melt in the spring. There came from OPEC. As we saw with the million barrels a day, that is relief, in is no footprint. If there is no oil there, Northeast Corridor crisis on heating a sense, but in the last year our de- there is no footprint of any kind. We oils, there was concern over the avail- mand increase has been a million and a can do that in these areas. But as a ability of adequate supplies of crude half barrels a day in addition, and I did consequence, we have to look for a so- oil. It appears that we are using some- not take into account my arithmetic. lution. where in the area of 2 million barrels a Remember, we are not the only ones in I hope my colleagues really pick up day more in the world than are being the world who consume oil from OPEC. on this. If OPEC does increase produc- produced currently. That sent a shock Those other countries are going to tion, there are going to be those who through the oil marketeers and re- have to share in whatever increased claim victory, that we got relief. But it sulted in our Secretary going over to production comes out. is going to be a hollow victory because OPEC and meeting with the Saudis and So it is indeed a rather interesting that victory simply says our Nation be- urging them to increase production. dilemma that we find ourselves in as comes more dependent on imported oil. They indicated they were going to we now are dependent 56 percent on im- I think most Americans are waking up have a meeting on March 27, which is ported oil. The Department of Energy to the reality that that is a very dan- today, and would respond to us at that tells us that in the years from 2015 and gerous policy. To suggest we got time. The Secretary indicated that this 2020, we will be 65-percent dependent on caught by surprise—I will conclude was a dire emergency, that oil prices imported oil. Well, some people say with two little notes. In 1994, Secretary were increasing and the East Corridor you learn by history. Others say you do of Commerce Brown requested that the was looking at oil prices in the area of not learn very much. Obviously, we independent petroleum producers do an nearly one and a half dollars and he have not learned very much. evaluation on the national energy se- needed relief now. The OPEC nations— There is one other factor I think the curity of this country and came to the particularly the Saudis—indicated they American people ought to understand. conclusion that we were too dependent would address it at the March 27 meet- Where has our current increase been on imported oil. ing. So, in other words, the Secretary coming from? It has been coming from Last March, Members of the Senate was somewhat stiff-armed. Iraq. Last year, we imported 300,000 wrote a bipartisan letter to the Sec- Well, the Secretary, as you know, barrels a day from Iraq. Today, we are retary of Commerce, Secretary Daley, went to Mexico and encouraged the importing 700,000 barrels a day from asking for an evaluation on the na- Mexicans to increase production. The Iraq. Today, the Department of Com- tional security interests of our country Mexicans listened patiently, but they merce lifted some sanctions off of Iraq relative to our increased dependence on reminded the Secretary that last year to allow the Iraqis to import from the imported oil. He released that report in when oil was $10, $11, $12, $13 a barrel, United States certain parts so they November. It sat on the President’s and the Mexican economy was in the could increase—these are refinery desk until Friday. They finally re- bucket, where was the United States? parts—refining capacity by 600,000 bar- leased it in a brief overview. The con- The Secretary indicated we would help rels a day in addition. clusion was that we have become too Mexico out with the tesobonos, ensur- So here we are, importing 700,000 bar- dependent on imported sources of oil ing that they would be bailed out. But rels a day currently from Iraq. Some and it affects the national security of to make a long story short, we didn’t people forgot we fought a war over this country. What do they propose to get any relief from Mexico. there not so many years ago—in 1991. do about it? They don’t have an an- Well, today, we didn’t get any relief What happened in that war? We lost 147 swer. from OPEC. OPEC said they would ad- American lives; 423 were wounded in I will talk more on this tomorrow dress it tomorrow. So the question of action, and we had 26 taken prisoner. when we have further information on whether or not we are going to get re- In addition, the American taxpayer OPEC. lief, I think, points to one thing: We took it. Where did he take it? He took f have become addicted to imported oil. it in the shorts because since the end of We are like somebody on the street the Persian Gulf war in 1991, just to THE VERY BAD DEBT BOXSCORE who has to have a fix. is more contain Saddam Hussein and keep him Mr. HELMS. Mr. President, at the imported oil. And when the supply is within his boundaries, the cost of en- close of business Friday, March 24, 2000, disrupted, we look at what it takes to forcing the no-fly zone and other the Federal debt stood at get more. things is costing the American tax- $5,730,876,091,058.27 (Five trillion, seven Well, it takes maybe a higher pay- payer $10 billion. hundred thirty billion, eight hundred ment, a shortage of supply. It makes So here we are today looking at seventy-six million, ninety-one thou- the price go up. That is the position we OPEC for relief, allowing them to get sand, fifty-eight dollars and twenty- are in. I encourage my colleagues to parts for their refineries so they can seven cents). look very closely at what OPEC does increase production. Here we are de- One year ago, March 24, 1999, the Fed- tomorrow—indeed, if they do any- pending and begging and passing the eral debt stood at $5,645,339,000,000 thing—because what they have been tin cup for OPEC production. The an- (Five trillion, six hundred forty-five doing so far is cheating. Who have they swer lies in decreasing our imports on billion, three hundred thirty-nine mil- been cheating on? They have been foreign oil and, as a consequence, pro- lion).

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3632 CONGRESSIONAL RECORD—SENATE March 27, 2000 Five years ago, March 24, 1995, the Thank you. generation later in Vietnam. The Cold War Federal debt stood at $4,846,988,000,000 [From Almanac of Seapower, Jan. 2000] cast a nuclear shadow over the entire world for more than four decades, though, and (Four trillion, eight hundred forty-six A TALE OF TWO CENTURIES billion, nine hundred eighty-eight mil- forced the much-needed rebuilding, mod- (By John Fisher) ernization, and upgrading of America’s lion). armed forces. Twenty-five years ago, March 24, The old century had come to an end and the United States, its armed services trium- As the world enters a new century, and 1975, the Federal debt stood at phant from victory in a splendid little war new millennium, those forces are the most $505,328,000,000 (Five hundred five bil- over a technologically inferior adversary, as powerful, most mobile, and most versatile in lion, three hundred twenty-eight mil- ready to take its rightful place among the the world. Moreover, the young Americans in lion) which reflects a debt increase of major military and economic powers of the service today are the best-led, best-trained, more than $5 trillion— world. A former assistant secretary of the and best-equipped in this nation’s history. $5,225,548,091,058.27 (Five trillion, two Navy, who became a national hero in that But that does not mean that they are capa- hundred twenty-five billion, five hun- war, was soon to become president and use ble of carrying out all of the numerous dif- dred forty-eight million, ninety-one his bully pulpit for, among other things, the ficult and exceedingly complex missions they have been assigned. The victories of the thousand, fifty-eight dollars and twen- building of a Great White Fleet that was the first step in making the United States a past are no guarantee of success in future ty-seven cents) during the past 25 naval power ‘‘second to none.’’ conflicts. And it is not foreordained that the years. That former assistant secretary, later so-called ‘‘American century’’ that has now f president, Theodore Roosevelt, was a shrewd ended will be extended by another uninter- judge of human nature and a life-long stu- rupted period of U.S. economic and military ADDITIONAL STATEMENTS dent of American history. He knew that dominance. most of his fellow Americans had little if Operation Allied Force, the U.S./NATO air any interest in foreign affairs, or in na- war over Kosovo, is a helpful case in point. SEAPOWER tional-security issues in general. Roosevelt The precision strikes against Serbian forces, ∑ Mr. CLELAND. Mr. President, over himself was a staunch advocate of the and against the civilian infrastructure of the the past several years, our nation’s seapower principles postulated by Alfred former Yugoslavia, eventually led to the military has become increasingly over- Thayer Mahan, whom he greatly admired. So withdrawal of Serbian troops from Kosovo committed and underfunded—facing to remedy the situation he helped found the and the occupation of that battered province problems from recruiting and reten- Navy League of the United States in 1902, by U.S./NATO and Russian peacekeepers. contributing significant financial as well as The one-sided ‘‘war’’ lasted much longer tion, to cuts in active fleet numbers moral support. than originally estimated, though. It did not and a dwindling active duty force. Yet There were many, of course, in the Con- ‘‘stop the killings’’ (of ethnic Albanians), the in spite of these problems, the United gress and in the media—indeed, in Roo- original purpose of the war. And it left States’ naval power, with it’s fleet of sevelt’s own cabinet—who were not sure that Slobodan Milosevic still in power in Bel- nuclear-powered attack submarines, the Great White Fleet was needed. It cost grade. life-saving Coast Guard and Merchant too much and, despite its fine appearance, It is perhaps inevitable that political lead- Marine forces, and highly skilled sail- would have little if any practical value for a ers will focus almost exclusively on the ‘‘vic- ors and mariners, is the best in the nation unchallenged in its own hemisphere tories’’—however fleeting and however gos- samer—that can be claimed. The prudent world. These components are a part of and unlikely ever to send its sons to fight in Europe’s wars, much less Asia’s. Besides, military commander, though, will focus on one of the most technologically sophis- there might be an occasional colonial war the problem areas, the near-defeats and po- ticated defense systems in the world. here and there, but the possibility of a direct tential disasters, the ‘‘What-ifs’’ and the In Kings Bay, Georgia, we are fortu- war between the major powers of Europe was close calls. There were an abundance of all of nate to be home to the greatest sub- becoming more and more remote with each these in Kosovo last year—just as there were marine base in the nation, Kings Bay passing year. in the war with Iraq in 1990–91. Naval Submarine Base. During my vis- Within less than five years the vision of a Logistics is the first and perhaps most im- its there, however, I have heard time lasting peace throughout the world was de- portant of those problem areas—and the big- and again how detrimental the growing molished when the Japanese Navy shocked gest ‘‘What if’’ as well. In both conflicts. In the war with Iraq the question was ‘‘What if gap between commitments and funding the world by defeating the Russian Navy in the Battle of Tsushima (27–28 May 1905), Saddam Hussein had not stopped with Ku- has become. sinking eight Russian battleships and seven wait but continued into Saudi Arabia and all I believe that by appropriating addi- Russian cruisers. The Japanese fleet, which the way to Riyadh?’’ The answer—on this, tional funds to our nation’s defense started the war a year earlier with a surprise virtually all military analysts agree—is that system and by supporting efforts to attack on Russian ships anchored in Port Ar- the war would have lasted much longer and create a larger force structure, we will thur, lost three torpedo boats at Tsushima. would have cost much more in both lives and resolve or at least begin to remedy Less than a decade later The Great War— money. As it was, it took the greatest sealift some of these problems that are facing ‘‘the war to end all wars,’’ it was called— in history before the vastly superior U.S./co- today’s military forces. Since I came started in Europe. The United States re- alition forces could defeat the previously to the Senate in 1997, I have supported mained a nonparticipant until April 1917, but overrated Iraqi army. That massive sealift— then entered the war in force. U.S. seapower more than 10 million tons of supplies carried funding for procurement, research and contributed significantly to the eventual Al- halfway around the world—would have been development, and readiness. In order lied success. The joyous Armistice of 11 No- impossible, though, were it not for the fact for the United States to retain it’s role vember 1918, however, was followed by the that, on the receiving end, Saudi Arabia had as a military super power, we must pay debacle at Versailles that sowed the seeds of built a large, modern, and well-protected attention to the gaps that exist today World War II. port infrastructure. and prevent further deterioration in Again, America and its allies were not pre- Logistics was not a problem in Kosovo, ei- our armed forces. If we do not reverse pared. The United States once again stayed ther—but only because the U.S./NATO air this trend now, a very high price will on the sidelines until jolted out of its leth- forces accomplished their mission (belat- argy by the Japanese attack on Pearl Har- edly), and ground forces did not have to be be paid tomorrow for our collective bor: That put 15 million American men and brought in. It was a close call, though—more lethargy on defense issues and for the women in uniform, led to total mobilization so than is generally realized—and the end re- massive under-funding of our armed of the U.S. economy—and of the mighty U.S. sult was due more to good fortune than to forces. industrial base—and resulted in millions of careful planning. The ports in the area that Mr. President, I now respectfully re- deaths later on the unconditional surrender might have been available to U.S./NATO quest that an article from the January, of both Nazi Germany and Imperial Japan. shipping are few in number, inefficient, ex- 2000 edition of Seapower magazine be The century was less than half over, but it tremely limited in their throughput capac- inserted into the RECORD, as I believe was already the most violent in all human ity, and vulnerable both to sabotage and to it accurately and appropriately out- history. attack by ground forces. Which is exactly This time around, some lessons were why U.S. sealift planners say that a ground lines the existing gap between our com- learned—but not very well, and they were war in Kosovo would have been ‘‘a logistics mitments and resources, and effec- not remembered very long. When North nightmare.’’ tively argues the case for remedying Korea invaded South Korea the United Nightmares aside, there are other prob- this situation. States again was unprepared—as it was a lems, of much greater magnitude, affecting

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3633 all of the nation’s armed forces. All are un- The Navy’s fleet of nuclear-powered attack funding will be needed for, among other derfunded. All are overcommitted—usually, submarines (SSNs) is the best in the world, things: in recent years, to humanitarian and peace- but also undersized to meet all current as Maintaining the Corps at its current au- keeping missions that, however worthwhile well as projected commitments. According thorized strength of approximately 172,000 in themselves, detract from operational to force requirements provided to the Joint Marines on active duty and in the Reserves; readiness and from the training required for Chiefs of Staff by the regional commanders Modernizing the Corps’ Total Force with actual combat missions. in chief, more than 70 SSNs are needed to the aircraft, weapons, rolling stock, elec- There is more: The U.S. defense structure meet all of the Navy’s worldwide commit- tronics and avionics systems, and other sup- is the leanest it has been in the post-WWII ments—but there will be only 50 available plies and equipment needed to maintain era. Funding for the acquisition and procure- unless the QDR levels are revised upward. combat superiority on the littoral and inland ment of ships, aircraft, weapons, and avi- This could pose major risks in areas where battlefields of the future; onics/electronics systems has been cut pre- land-based enemy aircraft and missiles make Building, upgrading, and maintaining a cipitously in recent years and the result has it difficult for carriers and other surface self-sustaining expeditionary tactical avia- been a steady decline in the size—and, there- ships to operate close to the littorals. tion force, including the revolutionary V–22 fore, responsiveness—of the vital U.S. de- The Navy’s SSBN (nuclear-powered bal- Osprey tiltrotor aircraft, which can operate fense industrial base. listic missile submarine) force continues to from aircraft carriers, amphibious assault Except for the Marine Corps, all of the be the dominant and most survivable leg of ships, and/or expeditionary airfields ashore. services also are suffering from prolonged re- the U.S. strategic-deterrent ‘‘triad’’ of Expediting the early development and pro- cruiting and retention problems that, if not SSBNs, manned bombers, and interconti- curement of: (a) the joint strike fighter, resolved, will lead to a ‘‘hollow force’’ of the nental ballistic missiles. There are now 18 which USMC leaders have told Congress is early 21st century similar to that of the late Trident SSBNs in the active fleet, but only urgently needed both to maintain a modern 1970s. There is increasing evidence, anecdotal 14 are likely to be needed in the future. The tactical aviation force and to replace the ob- but mounting, that combat readiness has de- proposed conversion into an SSGN (nuclear- solescent aircraft now in the Corps’ inven- clined. powered guided-missile submarine) configu- tory; and (b) advanced amphibious assault Following are some particulars about how ration of the four SSBNs now slated for deac- vehicles capable of safely and swiftly car- the various problem areas enumerated above tivation would add significantly to the rying Marines and their equipment to and have affected the nation’s sea services—bal- Navy’s overall power-projection capabilities over the beaches to positions that in some anced by a report on the current strengths and compensate to some extent for current combat scenarios will be far inland; and and capabilities, as well as needs, of each deficiencies in surface combatants. Implementing Corps-sponsored initiatives service. Perhaps the brightest stars in the current to develop and field the advanced-capability Since the end of the Cold War the Navy’s fleet inventory are the Aegis guided-missile shallow-water mine countermeasures sys- active fleet has been cut almost in half, and cruisers and destroyers that played such a tems needed to allow future Marine assault is now just over 300 ships, the lowest level key role in the Gulf War and in several forces to maneuver safely through the since the early 1930s. What makes the situa- lower-scale combat actions since then. The littorals. tion worse is that the administration’s fu- combat-proven effectiveness of the Aegis Alone of all the services, the Marine Corps ture-years defense plan (FYDP) calls for con- fleet has made it a strong candidate to serve has consistently met its recruiting and re- struction of only 6–7 ships per year for the as the principal building block for the na- tention goals in recent years. Several studies foreseeable future, whereas a building rate of tional-missile-defense system favored by suggest that this is because the Marine 9–10 ships is needed to meet the minimum re- Congress and likely to be built in the first Corps keeps a clear focus on its highest pri- quirement of 305 ships postulated by the decade of the new century. orities—‘‘Making Marines and Winning Bat- Quadrennial Defense Review. Independent Navy aircraft and weapon systems also are tles’’—and that young men and women re- defense analysts say that a more realistic es- the best and most technologically sophisti- spond more readily to that inspiring chal- timate of Navy fleet requirements would be cated in the world. Because of the continued lenge than they do to the less lofty appeal of anywhere from 350 to 400 ships, depending on underfunding in procurement and acquisi- material benefits. the scenarios postulated. To maintain a fleet tion, however, all of these fleet assets have Today’s Coast Guard remains Semper of that size would require a building rate of been considerably overworked, a spare parts Paratus—but just barely, and at a very high 10–12 ships per year. shortage has developed, and the maintenance price. The U.S. Coast Guard is perhaps the Exacerbating the ship-numbers problem is workload has increased significantly. most overworked and underfunded agency in the fact that, because hundreds of Cold War The U.S. Marine Corps has changed com- government today, but it carries out—effi- U.S. air and ground bases overseas have now mandants, but continues the march—and its ciently and at minimum cost to the tax- been closed, and hundreds of thousands of proud tradition of always being ‘‘the most payer—a multitude of missions that increase troops have returned to CONUS (the Conti- ready when the nation is least ready.’’ almost annually. Several studies suggest nental United States), a much heavier share That mandate from Congress is more that the Coast Guard returns a minimum of of the collective defense burden is now borne daunting on the eve of the 21st century than four dollars in services for every tax dollar by the Navy’s forward-deployed carrier bat- it has been at any previous time since the provided to the multimission service in ap- tle groups (CVBGs) and Navy/Marine Corps dark days preceding World War II and the propriations. amphibious ready groups (ARGs). In many Korean War. In both of those conflicts the The Coast Guard is also the world’s pre- areas of the world the CVBGs and ARGs are Marines suffered a disproportionate number mier lifesaving organization, and in recent now the only combat-ready forces imme- of casualties, particularly in the early years has saved an annual average of more diately available to the national command months of fighting—primarily because for- than 5,000 lives—and has assisted many more authorities. ward-deployed Marine units had to hold the thousands of people in distress on the seas, The difficulties imposed on Navy carriers line until the nation (and the other armed on the Great Lakes, and in the nation’s in- are particularly heavy. The Joint Chiefs of forces) could catch up to the Marines in land and coastal waterways. Staff have told Congress that a minimum of readiness. But lifesaving is only one of the many 15 active-fleet carriers are needed to main- Today, all of the nation’s armed services ‘‘services to taxpayers’’ in the USCG port- tain a continuous presence in the most like- are in a reasonable state of readiness. But folio. In recent years the Coast Guard has ly areas of international crisis—i.e., the Per- the operating tempo is the highest it has also, on average: conducted 44,000 law-en- sian Gulf, the Mediterranean, and the West- ever been in peacetime, and most deploy- forcement boardings, identifying 24,000 viola- ern Pacific (particularly the waters off the ments in the past several years have been for tions; seized 76,000 pounds of marijuana and Korean Peninsula and, more recently, in the humanitarian and peacekeeping assignments 62,000 pounds of cocaine; investigated 6,200 Taiwan Strait between the People’s Republic rather than for combat missions. Training marine accidents; inspected 23,000 commer- of China on the mainland and the Republic of has suffered, therefore, and there has been a cial vessels; responded to 12,400 spills of oil China on Taiwan). With only 12 carriers now slow but steady degradation of combat readi- or hazardous materials; serviced 55,000 aids available—11 in the active fleet and one re- ness—well-documented in hearings before to navigation; and interdicted 10,000 illegal serve carrier used primarily for training pur- the House Armed Services Committee. migrants. poses—the Navy has had to adopt a ‘‘gap- Under former commandant Gen. Charles C. To carry out all of those missions in the ping’’ strategy that leaves one or more of Krulak the USMC’s senior leaders developed future, however—and several others likely to these ‘‘hot spots’’ without a carrier for sev- a cogent and forward-looking plan to field a be added—the Coast Guard needs a major re- eral weeks, or sometimes months, at a time. 21st-century Marine Corps that will be fully capitalization of virtually its entire physical In today’s fast-paced era of naval warfare, combat-ready to meet the asymmetric chal- plant: ships, aircraft, electronic and sensor the Navy League said last year, the gapping lenges likely in the foreseeable future. It systems, and shore facilities. To its credit, strategy is ‘‘not a prudent risk, as it is some- will be up to Gen. James L. Jones Jr., who the Coast Guard itself has taken the initia- times described, but an invitation to con- succeeded Krulak on 1 July 1999, to imple- tive by developing a so-called IDS (Inte- flict.’’ ment that plan. But significant additional grated Deepwater System) plan that, if fully

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3634 CONGRESSIONAL RECORD—SENATE March 27, 2000 funded, would permit an orderly and cost-ef- of this new century and new millennium. Is there still time to reverse course? Per- fective replacement of cutters, aircraft, and The succession in Russia, for example. In haps. But not much time. And the leadership other assets over a period of years. Failure of China as well. The mentally unbalanced may well have to come not from those who the executive and legislative branches of military adventurism of the leaders of North hold high office in Washington, but from the government to support and fully fund that Korea. The list could go on and on. American people themselves. plan would cripple the Coast Guard’s contin- Quite possibly the greatest threats to If they do provide that leadership, there ued effectiveness—and would cost the Amer- world peace, though, are American compla- will indeed be another American century. It ican people in numerous ways. cency and American lethargy. The history of will not be another century of violence, but Even today, very few Americans realize the 20th century shows that, once aroused to of peace. how dependent the United States is on the action, the American people can and will Peace on earth, for all mankind.∑ U.S.-flag Merchant Marine for national de- unite to defeat any enemy, no matter how f fense and its continued economic well-being. long it takes or how much it costs. That his- In times of war or international crises that tory also shows, though, that it takes more JOHN MCCAIN, AN AMERICAN might lead to war 95 percent or more of the than education and persuasion to unite the HERO weapons, supplies, and equipment needed by American people. It takes sudden and painful ∑ Mr. CLELAND. Mr. President, I want U.S. forces overseas must be carried by shock. The problem here is that, in the past, the to take this opportunity to salute my ship—usually over thousands of miles of dear friend and colleague, the distin- ocean. It would be military folly to rely on nation always had time to recuperate from guished Senator from Arizona, JOHN foreign-flag shipping to carry that cargo. its initial losses, and even from a Pearl Har- MCCAIN. Although he has suspended his Most innovations in the maritime indus- bor. That may no longer be the case. There tries in the post-WWII era—e.g., is now a bipartisan consensus that the campaign for President, he should containerization, LASH (lighter aboard ship) United States should build and deploy a na- nonetheless know that he has scored a tional-mission-defense (NMD) system as soon vessels, and RO/ROs (roll-on/roll-off ships)— great victory in American electoral as ‘‘practicable.’’ If that consensus had ex- have been of American origin, and the politics. More so than any other can- isted several years ago the need today might United States is by far the greatest trading not be so urgent. As it is, relatively few didate in recent memory, Senator nation in the entire world. Literally millions Americans realize that the United States is MCCAIN has beaten two of the greatest of U.S. jobs, and billions of tax dollars, are still absolutely vulnerable to enemy missile enemies facing our political system in generated by the import and export of raw attacks. Another way of saying it is that not the twenty-first century—apathy and materials and finished products into and out one U.S. missile-defense system has yet been of U.S. ports. cynicism. We should all be grateful to deployed that could shoot down even one in- The port infrastructure itself is badly in him for reminding Americans that coming enemy missile. That is a sobering ‘‘politics’’ is not a dirty word, that need of renovation and remodernization, thought. however. Because of short-sighted laissez- The old axiom says that leadership ‘‘begins campaigns can be about more than 30 faire economic policies, U.S.-flag ships today at the top.’’ But in a democracy that is not second sound bites, and that heroes carry only a minor fraction of America’s entirely true. If the American people demand still exist. We in the Senate should all two-way foreign trade. The result is the loss a certain course of action loud enough and feel proud to call him one of our own. of thousands of seafaring jobs, significantly long enough, the elected ‘‘leaders’’ in the ex- I think I and the four other Vietnam reduced U.S. sealift capacity, and a Mer- ecutive and legislative branches of govern- veterans in the Senate feel a particular chant Marine that is now in extremis. ment almost always will follow. In the field kinship with Senator MCCAIN, for obvi- The creation of the Maritime Security Pro- of national defense the American people ous reasons. You do not go through an gram was a helpful first step toward recov- have demanded very little in recent years, ery, but it will take many years, perhaps experience like combat without being and, with a few notable exceptions, that is profoundly affected. You recognize a decades, before the U.S.-flag fleet can regain exactly what they have been provided. its traditional title as ‘‘the vital Fourth In his prescient ‘‘Prize Essay’’ (The Foun- change in yourself when you come Arm’’ of national defense. dation of Naval Policy) in the April 1934 home, and you recognize it in others Additional funding, and a larger force Naval Institute Proceedings Lt. Wilfred J. when you meet them for the first time. structure, will resolve or at least ameliorate Holmes argued persuasively that the size of You are brothers. We are brothers. But some of the most difficult problems now fac- the fleet (and, by implication, the size and why did the rest of America respond to ing the nation’s armed services, not only in composition of all naval/military forces) Senator MCCAIN so strongly? Why did procurement and RDT&E (research, develop- should always be consistent with national ment, test, and evaluation) but also in readi- the ‘‘Straight Talk Express’’ appear policy. ‘‘Failure to adjust the size of navies every night on the evening news? Why ness. More and better equipment, combined to the needs of external [i.e., national] pol- with a lower operating tempo and higher icy—or, conversely, to adjust external na- did so many people want to see Luke pay, would in turn have a salutary effect on tional policy to the strength of the military Skywalker emerge out of the Death both recruiting and retention. fleet—has, in the past, frequently led to dis- Star? There are more intractable problems, aster,’’ Holmes said. At the 1922 Limitation I believe it is because JOHN MCCAIN though, that all the money in the world will of Armaments conference, he noted, the reacts to challenges the way we wish not resolve—and that should be of major United States ‘‘relinquished naval primacy we would ourselves, but fear we might concern not only to the nation’s armed serv- in the interests of worldwide limitations of not. He remained in the Hanoi Hilton ices and defense decision makers, but to all armaments.’’ Unfortunately, though, ‘‘the Americans. The most difficult and most ob- for seven years with his fellow P.O.W.’s retrenchment in [U.S.] naval strength was even when he could have left. He fights vious of these problems is the proliferation not followed by retrenchment in the field of in recent years of weapons of mass destruc- national policy.’’ for campaign finance reform, for strong tion (WMDs), and the means to deliver them. The circumstances are not exactly the action to reduce youth smoking, and There already are a dozen or more nations— same today—but they are close enough. The for curbs in pork barrel spending even several of them extremely hostile to the current operating tempo, for all of the na- when he knows it will make him un- United States—that already possess (or are tion’s armed services, is the highest it has popular with his party. He shoots from close to acquiring) more destructive power ever been in peacetime. Commitments have the hip. He tells reporters how he real- than was unleashed by all the armies and na- been increasing annually, without commen- vies in the world during World II. ly feels. He loves his family. surate increases in funding. Ships, aircraft, He is not perfect, but none of us are. It can be taken for granted that WMDs and weapon systems are wearing out—and so soon will be available to terrorist groups as are our military people. The ‘‘gapping’’ of He and I disagree on many issues, but well. But what is even more alarming is the aircraft carriers in areas of potential crisis is we agree on this: that the purpose of near certainty that neither the United an invitation to disaster—and, therefore, politics is to generate hope, that serv- States nor the so-called ‘‘global community’’ represents culpable negligence on the part of ing our country—as a soldier or a sail- at large will take the probably draconian America’s defense decision makers. or or a Senator—is the greatest honor steps that would be needed to counter this Eventually, a very high price will have to of a person’s life, and that, in the unprecedented threat. Not, that is, until be paid for these many long years of national words of Babe Ruth, ‘‘It’s hard to beat weapons of mass destruction are actually lethargy, for the massive underfunding of used by terrorists. The only real question the nation’s armed forces, and for the con- a person who won’t give up.’’ here is not ‘‘if,’’ but ‘‘when.’’ tinued mismatch between commitments and Speaking for myself, I am a loyal There are other dangers, other problems, resources. When that time comes—sooner is Democrat who strongly supports the other defense issues of transcendent impor- much more likely than later—it may well be candidacy of AL GORE. But as an Amer- tance that must be attended to at the start the darkest day in this nation’s history. ican and as a fellow Vietnam veteran, I

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am proud of the work JOHN has done, Georgia Legal Services; Georgia Department community involvement, and scho- and will no doubt continue to do, in re- of Labor; Georgia Department of Family and lastic achievement, and serve as volun- storing the public’s faith in their gov- Children’s Services; American Red Cross; teers. Clearly, its efforts are shaping ernment and the political process. United Way; Salvation Army; Mitchell Coun- the citizens of the future. Exchange’s ty Hospital; Phoebe-Putney Hospital; Home- Mr. President, JOHN MCCAIN is an au- builders Association of Georgia; Lowes in Al- Americanism efforts spread pride in thentic American hero, and I am proud bany; Home Depot in Albany; Adventists our nation and work to foster an to serve along side him.∑ Disaster Response; Fort Benning Air Force awareness of the wonderful freedoms f Command Center; Randolph Southern with which our country is blessed. School; Dry Bank Elementary School; USS The numerous other community HEROES OF THE STORM Maryland SSBN–738 Gold; Dothan Fire De- service activities the National Ex- ∑ Mr. CLELAND. Mr. President, it is partment; Church of Gainesville; Camilla change Club undertakes are focused on with great pride that I come before my Lawn and Garden; The Mennonites. helping the largest number of citizens Georgia Baptist Convention Relief Organi- colleagues today to pay tribute to the as possible in their respective commu- many brave Georgians who pulled to- zation; United Methodist Church of Centre- ville and Macon; Emmanuel Baptist Church nities. All individuals in a community gether to support one another in the of James County; Chestnut Grove Baptist benefit from the club’s crime and fire aftermath of the devastating tornadoes Church; Pitts Chapel United Methodist prevention efforts, its Book of Golden that hit Southwest Georgia earlier this Church of Macon; Plainfield Baptist Church; Deeds Award, and the Service to Sen- month. In the pre-dawn hours of Valen- Turner County Special Services School; iors program. tine’s day, February 14th, the town of United Methodist Mission Volunteers from For 89 years, the volunteers of the Camilla, Georgia was hit by a series of Tallahassee, Florida, Lee United Methodist National Exchange Club have dedicated Church, Ebenezer UNC, and Macon Methodist brutal tornadoes that took the lives of themselves to the betterment of our nearly twenty people. This storm Church; Griffin Church; Chapel Wood United Church of Athens; Zion Hill Baptist Church communities. I applaud them on their caused not only terrible damage—de- of Atlanta; Antioch Baptist Church of North achievements and wish them a pros- stroying homes, farms and businesses— Atlanta; County Line Church of Macon. perous future.∑ but it tested the limits of residents Waukeenah Methodist Church of Cairo; f across the Southwest portion of the Calvary Baptist Church; First Baptist of state. It has been said that ‘‘Poor is the Tifton; Beulah Baptist Church of Camilla; TRIBUTE TO MR. THOMAS nation which has no heroes. Poorer First United Methodist Church of Camilla; BRASHER UPON HIS RETIRE- still is the nation which has them, but East Pelham Baptist Church; First Baptist MENT FROM THE U.S. POSTAL Church of Camilla; First Baptist Church of forgets.’’ When the storm calmed, true INSPECTION SERVICE Eufala, Alabama; Southern Baptist Group of ∑ heroes emerged and they should be rec- Georgia; Union Baptist Church of Camilla; Mr. BREAUX. Mr. President, I rise to ognized. and First United Methodist Church of Thom- pay tribute to Thomas D. Brasher, a I ask that I may be able to insert asville.∑ native of my home state of Louisiana, into the Congressional RECORD a list of f who will be retiring at month’s end individuals, organizations, and area after a thirty-five-year career in law businesses that made all the difference TRIBUTE TO THE NATIONAL EX- enforcement, including thirty years as in preparing the people of Mitchell, CHANGE CLUB’S 89TH ANNIVER- a postal inspector with the U.S. Postal Grady, Colquitt, and Tift counties for SARY Inspection Service. At the time of his recovery from this tragic event. This ∑ Mr. GRAMS. Mr. President, I rise retirement, he will be sixth in senior- list reflects only a portion of the many today to commend an organization ity among the nation’s 2,115 postal in- groups and individuals who reached out that has given consistently to our com- spectors. Although a native of Alexan- to our communities in their time of munities over the past 89 years. I am dria, Louisiana, Mr. Brasher has need. There are others who are often proud to honor the National Exchange worked with the U.S. Postal Inspection lost in the shuffle, whose movements Club—an organization that can be Service in California. and actions did not attract the media’s characterized by the word ‘‘service’’— Tom Brasher began his law enforce- spotlight. From the children who do- as it celebrates the anniversary of its ment career in Lafayette, Louisiana, in nated their own toys, to the families founding. 1964, when he joined that city’s auxil- who reached into their savings, to the The National Exchange Club is a vol- iary police force while attending the people who opened their doors for rel- unteer group of men and women dedi- University of Southwestern Louisiana. atives or strangers who needed a place cated to serving their communities. He became a regular officer in 1965 and to find refuge. Founded in 1911 by Charles A. Berkey, worked in patrol. He joined the Lou- The people and groups mentioned in the organization has grown from a sin- isiana State Police in 1966, where he this insert are not well known. These gle group in Detroit, Michigan to near- worked until 1970 when he was re- are everyday people—everyday Geor- ly 1,000 clubs and 33,000 members cruited by the Postal Inspection Serv- gians. Individually, they each make a throughout the United States and ice. small contribution, collectively they Puerto Rico. in my home state of Min- Mr. Brasher’s Inspection Service ca- make a tremendous difference. nesota, there are more than 20 clubs reer was in the San Francisco Division, The list follows: committed to making our state and na- now the Northern California Division. Governor Roy Barnes and the Georgia Leg- tion a better place to live. Except for a four-year stint in San islature; Law Enforcement officials from In keeping with its rich history of Francisco, he worked his entire career Mitchell, Colquitt, Tift, and Grady Counties; helping others, the Exchange Club has in San Jose. Mr. Brasher was primarily Chatam County Emergency Management; established Child Abuse Prevention as involved in investigating external Mitchell County Community Response its national project. By utilizing a wide crimes and was the first External Team; Mitchell County Chamber of Com- merce; Calhoun County Public Works; C–E array of educational programs, local Crimes Prevention Specialist for the Minerals Inc. in Andersonville; Mitchell clubs work to create public awareness division. He covered all of seven states County Ministerial Alliance of Camilla; of child abuse and develop relation- and the Pacific Islands in that assign- Lions Club; Search and rescue teams from ships with parents to counter abuse. ment. He also had assignments in child Albany/Dougherty, Macon, Colquitt, and This program has helped more than pornography, embezzlements, and the Worth Counties; United States Marine Corps; 140,000 children since 1979. monitoring of the design and construc- MCLB Fire and Rescue; Georgia K–9 Rescue Exchange members participate in a tion of post offices. He also served as Association; University of Georgia Depart- variety of other services, such as an ad-hoc EEO counselor for a four-di- ment of Student Affairs; Federal Emergency Management Association (FEMA). Youth Programs and Americanism. vision area. His last assignments have Georgia Emergency Management Associa- The Exchange Club’s variety of youth been on the San Jose External Crimes tion (GEMA); U.S. Small Business Adminis- programs encourage and recognize stu- Team, the San Francisco Bay Area tration; Georgia State Highway Patrol; dents who display good citizenship, Violent Crimes Team, the Northern

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3636 CONGRESSIONAL RECORD—SENATE March 27, 2000 California Workplace Violence Team tinction as chairman of the board of di- Command Staff adopt an elementary and a detail to the Postal Service’s rectors of the Louisiana Chemical In- school in the Everett School District. robbery task force. dustry Alliance since 1996. While refin- While it is no surprise to see a police While Mr. Brasher will retire, his ery manager he served on the board of officer donating his or her time to a wife, Gay Ann, an award-winning directors of the Louisiana local school, Captain Burke is teaching school teacher in San Jose, will con- MidContinent Oil and Gas Association something a little out of the ordinary tinue her teaching career. Together and provided outstanding leadership to for a cop who used to go undercover to they will continue their travels, which that organization’s initiatives and re- bust drug dealers—he teaches a drama so far have taken them to 94 countries sponses to various legislative proposals class. around the world. over the years. When Captain Burke first approached I know I speak for my Senate col- One of the organizations that will principal Joyce Stewart, she was in- leagues when I wish Tom and Gay Ann miss Bill the most is the Capital Area trigued by his Fine Arts Degree in De- Brasher all the best in this new phase United Way, which he served as board signing for the Theater and his experi- of their lives and thank him for thirty chair in 1996–97. ExxonMobil’s annual ence teaching theater arts prior to en- years of distinguished service to the combined corporate and employee and tering law enforcement. Furthermore, United States of America.∑ annuitant contribution of more than $1 she was already interested in creating f million makes it the largest United a drama program to expose interested Way supporter in the state and says students to the fine arts. Though he LOUISIANA BUSINESS LEADER volumes about his leadership of that had no prior experience in creating BILL RAINEY TO RETIRE essential and worthwhile effort. such a program, or in teaching drama Mr. BREAUX. Mr. President, I rise Bill also serves currently as a mem- to elementary school students, Captain today to honor longtime Baton Rouge ber of the board of directors of the Burke agreed to take on the challenge. business and community leader Bill Greater Baton Rouge Chamber of Com- This program has been a tremendous Rainey, site manager of ExxonMobil’s merce and the Partnership for Excel- success. Captain Burke and the school Baton Rouge Chemical Plant. Bill is re- lence Board of LSU’s E.J. Ourso Col- created a drama club open to fourth tiring at the end of this month after a lege of Business Administration and as and fifth graders that meets after 33-year Exxon career that began at the co-chair of Community Action for Chil- school one day a week. The program company’s Baton Rouge Refinery in dren. continues to grow and approximately Among Bill’s many awards are the 1966. 35 students are now participating. The 1998 Alumni Recognition Award for Those of us in government who spent program combines lectures with cre- Community Services from the LSU parts of our careers in Baton Rouge ative drama games that emphasize School of Social Work and the 1998 Vol- recognize Bill Rainey as one of the communication, visualization, cre- unteer CEO of the Year Award from the most tireless community leaders and ativity, and improvisation. More im- Volunteer Baton Rouge Corporate Vol- effective problem solvers in the Lou- portantly, the students enjoy the club unteer Council. isiana capital. Bill’s leadership in the and Captain Burke. Fourth grader community and direction of Probably Bill’s most notable accom- plishment since arriving in Baton Shawn Cook said, ‘‘Police officers are ExxonMobil’s philanthropic works will Rouge 33 years ago, though, was dis- always supposed to be tough. Mr. be hard to replace and the company’s covering his lovely wife, the former Burke is funny and tough.’’ more than 4,000 employees in Baton Emilie Steffek of Baton Rouge, and This spring’s club is limited to 10 Rouge will miss his steady hand on the with her raising their three sons—Will, weeks since Captain Burke is attending ExxonMobil rudder. 29; Chase, 27; and Kyle, 25—all of whom the FBI academy in April, but he and A native of Auburn, Alabama, Bill make their homes in Baton Rouge. Ms. Stewart are already considering earned a bachelor’s degree in chemical I know that Bill and Emilie will con- options for spring of 2001 that would engineering from Auburn University in tinue to be active in their efforts to create a second creative drama class of 1966 before embarking on his Exxon ca- help others and I hope to be able to call third and fourth graders. The more ex- reer. He left Baton Rouge in 1973 for a on Bill from time to time as oil and gas perienced fifth grade students from three-year stint in Exxon USA’s Hous- or petrochemical industry issues crit- this year’s club are planning to put on ton headquarters but returned to the ical to our state arise. the school’s first ever dramatic produc- Refinery in 1976 to accept the first of Bill is a frequent visitor to Wash- tion. Clearly, Captain Burke has made many management positions in Baton ington and I know the entire Louisiana a significant contribution to the lives Rouge. In 1985, he became manager of delegation joins me in wishing both of these students and given them an in- the Exxon Research and Development him and Emilie a long and happy re- terest that will last throughout their Laboratories (ERDL) in Baton Rouge tirement. life. before returning to the Refinery as me- f One remarkable aspect of this pro- chanical manager in 1988. gram is that it demonstrates the im- Like many of Exxon’s top performers CAPTAIN JERRY BURKE, EVERETT portance of community involvement in around the world, he was called to POLICE DEPARTMENT our local schools. From this program, Valdez, Alaska in 1989 where he served ∑ Mr. GORTON. Mr. President, students will not only have an appre- as operations manager for Exxon’s oil throughout Washington state there are ciation for the fine arts, but the will spill recovery and cleanup operations. thousands of people who volunteer also have an appreciation for police of- In 1992, he was named manager of the their free time to tutor, mentor, sup- ficers and have a greater sense of com- Baton Rouge Refinery, where he served port our teachers and make a dif- munity. I applaud the work of Captain with distinction until moving up Sce- ference in their communities and in Burke and wish his students the best of nic Highway to the adjacent Baton lives of our children. I would like to luck in producing their first play. Rouge Chemical Plant as site manager take this opportunity to recognize an Thank you to Captain Burke, and to all in 1996. outstanding volunteer, Captain Jerry the members of the Everett Police While moving up the ranks to Burke of the Everett Police Depart- Command staff for your contributions ExxonMobil’s two top positions in ment who has passed his love of the to local elementary schools.∑ Baton Rouge, Bill also moved up the theater onto a group of elementary f ranks in almost every industry and students at Madison Elementary in charitable organization in which he Everett. For his efforts, I am proud to PALADIN DATA SYSTEMS SUP- was involved. He is a member of the award him with my ‘‘Innovation in PORT OF THE WEST SOUND CON- board of directors and the executive Education’’ Awards. SORTIUM committee of the Louisiana Chemical Captain Burke participates in a pro- ∑ Mr. GORTON. Mr. President, when I Association and has served with dis- gram in which members of the Police travel across Washington state, one of

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3637 the first topics I hear about from local Dr. Knutson has had a distinguished The girls of Troop 290 have worked businesses and high-tech companies is career as an educator, artist, and ad- especially hard this last year, donating their need for people with high-tech ministrator at the University of South their time and energy to the commu- skills. A Poulsbo company, Paladin Dakota and in the state arts commu- nity. Their wonderful efforts to en- Data, has taken their efforts to find nity over the past fifty years. His ten- hance the lives of many unfortunate skilled employees to a new level by do- ure at USD began in 1952 as Professor South Dakotans at Christmas and nating its time and resources to train of Speech and Dramatic Art and Direc- Thanksgiving, to assist the commu- teachers in some of Washington state’s tor of University Theatre. Subse- nity’s elderly, to aid impoverished peo- public schools. For its commitment to quently, he has also held the positions ple in Haiti, and to undertake many working with teachers, improving stu- of Professor and Chair of the Depart- other key projects has had a very im- dent learning and expanding their ment of English (1966–1971), Dean and portant positive impact in the world skills, I am pleased to present Paladin Professor of Fine Arts (1972–1980), Vice- around them. Data with one of my ‘‘Innovation in President for Academic Affairs and Sadly, on November 24, 1999, Brianne Education’’ Awards. Professor of Fine Arts (1980–1982), and Cox, a member of Troop 290, was killed Several years ago, seven school dis- Professor of English and Theatre (1982– in a tragic accident. She was active not tricts in Kitsap, Mason, and Pierce 1986). In 1987, Dr. Knutson was ap- only in Scouts, but enjoyed soccer, Counties developed the West Sound pointed by the South Dakota Board of softball, dance, violin, trumpet, cross School-to-Career Consortium which Regents as the first University Distin- country, basketball, and many other provides approximately 14,000 students guished Professor. activities. This young lady had a won- with high-tech classes. This year Pal- As a member of the arts community, derful spirit that touched everyone adin Data will begin its first year of a he has also served on the Literature who knew her. three-year project that provides high- Panel of the National Endowment for In her name, the Troop 290 scouts tech training to teachers involved with the Arts (1975–1977) and as chairperson have undertaken a very special project. the West Sound School-to-Career pro- of both the South Dakota Arts Council These wonderful girls want to keep gram. Paladin Data is also contrib- (1971–1978) and the South Dakota Hu- Brianne’s memory alive and stay close uting $50,000 in matching funds to a manities Council (1989–1991). to her family. To this end, they hold a state grant of $100,000 to provide need- Dr. Knutson’s honors include a Dis- fundraiser every summer to raise ed curriculum materials and onsite tinguished Service Award from the money for the ‘Brianne Cox Memorial teacher training in either a Paladin fa- Speech Communication Association of Fund’. This effort, in the name of a cility in Poulsbo or at a designated South Dakota, the Governor’s Award special girl, will designate funds to school district site. Moreover, each for Distinction in the Arts, the Bur- other middle school students who wish school district will determine what lington-Northern Faculty Achievement to participate in the many activities training their teachers will received Award, a South Dakota Arts Council Brianne enjoyed, and who otherwise based on the needs of their district and Senior Fellowship for Play Direction, could not afford it. their students. and an award for Outstanding Achieve- Mr. President, these girls are true ex- Paladin is giving our teachers more ment in the Humanities from the amples of charity and goodness. Their information and skills that they can South Dakota Humanities Council. work to elevate the spirit of their take back to their classrooms and In addition to his instrumental work hometown is inspiration in itself, but shows teachers what skills employers as a professor and an actively involved are looking for in perspective employ- member of the arts community, Dr. added to their work to keep Brianne ees, giving their students a leg up on Knutson is also an accomplished au- Cox’s memory alive, is truly extraor- the competition. Paladin’s involve- thor, director, and playwright. He dinary. I am pleased to be able to share ment is not only improving the edu- wrote ‘‘The Dakota Descendants of Ola their story with my colleagues and to cation of our students, but also giving Rue’’ and ‘‘Dream Valley’’, as well as a be able to publicly commend their ∑ them an accurate picture of what skills number of articles on theatre for Dra- work. they need well-before they enter the matics magazine and a short history of f job market. the University of South Dakota. He has THE SAGINAW COUNTY COMMIS- The Washington Software Alliance directed over sixty-five plays and musi- SION ON AGING HONORS MS. reports that over 64,000 computer-re- cals for USD, the Black Hills Play- HAZEL WILSON lated jobs are currently unfilled in the house, Pierre Players, Lewis and Clark ∑ Mr. ABRAHAM. Mr. President, on State of Washington—all for lack of Theatre, and the Group Theatre of March 31, 2000, the Saginaw County properly trained workers. I find it en- Rapid City. He has also written ten Commission on Aging will hold a couraging to see companies like Pal- plays and opera librettos, one of which luncheon honoring four women who adin Data, that are contributing to our was aired on Voice of America. booming economy, are taking an active Mr. President, Dr. Knutson has a im- have selflessly dedicated a significant role in ensuring the quality education mensely enriched life in South Dakota amount of their time and their energy of our children. I am proud to acknowl- and the honor of having Theatre I at to improving the community of Sagi- edge Paladin Data Systems Corpora- USD renamed the ‘‘Wayne S. Knutson’’ naw, Michigan. Their tremendous ef- tion’s commitment to education and I is one he highly deserves. He has been forts over the years have not only look forward to hearing about more an extraordinary pioneer and supporter touched a great many lives, they have companies making a contribution to of the arts. He is a man of great schol- truly changed lives, whether by pro- our children’s future.∑ arship and knowledge, and will con- viding those in need with food and clothing, saving seniors hundreds of f tinue to shape the arts community for years to come. It is an honor for me to dollars in medical insurance payments, HONORING DR. WAYNE S. share the accomplishments of Dr. mentoring elementary school students, KNUTSON Wayne S. Knutson with my colleagues or helping people to understand and ac- ∑ Mr. JOHNSON. Mr. President, I rise and to publicly commend him on his cept a culture different from their own. today to recognize Dr. Wayne S. talent and commitment to the arts and Thus, I rise today on behalf not only of Knutson, of Vermillion, South Dakota, education.∑ myself, but also of the entire Saginaw a distinguished member of the arts f County, Michigan, community, to sin- community. On December 11, 1999, the cerely thank Ms. Hazel Wilson, Ms. University of South Dakota renamed HONORING BRIANNE COX AND Mary Flannery, Ms. Sue Kaltenbach, Theatre I of the Warren M. Lee Center GIRL SCOUT TROOP 290 and Ms. Yoko Mossner for their incred- for the Fine Arts in Dr. Knutson’s ∑ Mr. JOHNSON. Mr. President, I rise ible efforts. honor. This is an honor he richly de- today to publicly commend Girl Scout Ms. Hazel Wilson has been a Saginaw serves. Troop 290 of Yankton, South Dakota. community leader for more than thirty

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3638 CONGRESSIONAL RECORD—SENATE March 27, 2000 years. Her charitable endeavors include enough to remember that an ice cream served the Junior League of Saginaw working for the Family Indepence cone once cost a mere three cents Valley as a corresponding secretary Agency in the 1960s, counseling laid-off there. For many years, she was an em- and the Street Smarts Investment Club auto workers for the UAW–GM Human ployee of the Family Independence as recorder. Resource Center in the late eighties, Agency. Fortunately for the citizens of Ms. Kaltenbach has been a mentor at serving on the Board of Trustees for Saginaw, no one has reminded Ms. Coulter Elementary School since 1996, the Saginaw Public Schools, and also Flannery that she has in fact retired as part of the H.O.S.T.S. program. She serving on the Board of Directors for from her position there. She remains a participates on the Election Sched- the Saginaw Voluntary Action Center. regular fixture at local hospitals and uling Committee for Saginaw County, For the last ten years, she has been nursing homes, and also continues to and is involved with numerous edu- employed by the Saginaw County Com- volunteer her time at the Commission cational programs dealing with art, lit- munity Mental Health Authority as a on Aging. erature, drug abuse prevention and law Prevention Coordinator. At the Commission on Aging, she related education. She is also chair- Ms. Wilson demonstrated her out- shares the knowledge and skills she person of Family in Action, a former standing leadership capabilities, and collected while working at the Family member of the Christian Service Com- indelibly left her mark on the Saginaw Independence Agency, assisting seniors mission and the Paris Council and a community, when in the early 1970s she who have questions related to Medi- member at St. Stephen’s Church. established the Good Neighbors Mis- care, Medicaid, and general health in- Perhaps the most remarkable thing sion. Ms. Wilson’s original goal in es- surance. I am told that Ms. Flannery’s about Ms. Kaltenbach is that she has tablishing this organization was to pro- expertise, and her willingness to ven- managed to do all of this while placing vide needy families with food and ture beyond the call of duty, have her primary focus upon raising her own clothing. But because of her dedication saved Saginaw’s seniors thousands of three children. Mr. President, on behalf the Good Neighbors Mission has con- dollars they may have spent on dupli- of the entire United States Senate, I tinually grown, to the point where cated medical bills or services. I guess applaud Ms. Sue Kaltenbach for her today it stands as a community re- when one has lived their life aiding in- outstanding contributions to her com- ∑ source center, a hub of activity, and, I dividuals in need, even retirement can- munity. am told, a virtual clearinghouse, where not prevent them from continuing to f people can find help fulfilling much do so. more than just their food and clothing THE SAGINAW COMMISSION ON Mr. President, on behalf of the entire AGING HONORS MS. YOKO needs. United States Senate, I take pride in Aside from working as a Prevention MOSSNER extending gratitude to Ms. Mary Flan- Coordinator, Ms. Wilson is also cur- ∑ Mr. ABRAHAM. Mr. President, on nery for her dedication to making the rently a member of the Zion Baptist March 31, 2000, the Saginaw County lives of others better. She is truly a Church, Zeta Phi Beta sorority, the Commission on Aging will hold a role model for us all.∑ Michigan T.A.G. Workgroup, and the luncheon honoring four women who Michigan Prevention Association. I f have selflessly dedicated a significant take great pride in recognizing commu- THE SAGINAW COUNTY COMMIS- amount of their time and their energy nity-oriented constituents like Ms. SION ON AGING HONORS MS. SUE to improving the community of Sagi- Wilson, and I applaud the Saginaw KALTENBACH naw, Michigan. Their tremendous ef- forts over the years have not only County Commission on Aging for en- ∑ Mr. ABRAHAM. Mr. President, on touched a great many lives, they have suring that her efforts are not over- March 31, 2000, the Saginaw County truly changed lives, whether by pro- looked. On behalf of the United States Commission on Aging will hold a viding those in need with food and Senate, I extend gratitude to Ms. Wil- luncheon honoring four women who son for her dedication and work for her clothing, saving seniors hundreds of have selflessly dedicated a significant community.∑ dollars in medical insurance payments, amount of their time and their energy f mentoring elementary school students, to improving the community of Sagi- or helping people to understand and ac- THE SAGINAW COUNTY COMMIS- naw, Michigan. Their tremendous ef- cept a culture different from their own. SION ON AGING HONORS MS. forts over the years have not only Thus, I rise today on behalf not only of MARY FLANNERY touched a great many lives, they have myself, but also of the entire Saginaw ∑ Mr. ABRAHAM. Mr. President, on truly changed lives, whether by pro- County, Michigan, community, to sin- March 31, 2000, the Saginaw County viding those in need with food and cerely thank Ms. Hazel Wilson, Ms. Commission on Aging will hold a clothing, saving seniors hundreds of Mary Flannery, Ms. Sue Kaltenbach, luncheon honoring four women who dollars in medical insurance payments, and Ms. Yoko Mossner for their incred- have selflessly dedicated a significant mentoring elementary school students, ible efforts. amount of their time and their energy or helping people to understand and ac- During the forty-three years that she to improving the community of Sagi- cept a culture different from their own. has lived in Saginaw County, Ms. Yoko naw, Michigan. Their tremendous ef- Thus, I rise today on behalf not only of Mossner has become involved with nu- forts over the years have not only myself, but also of the entire Saginaw merous organizations. She served as touched a great many lives, they have County, Michigan, community, to sin- president and treasurer of People to truly changed lives, whether by pro- cerely thank Ms. Hazel Wilson, Ms. People Chapter Seven, was a member viding those in need with food and Mary Flannery, Ms. Sue Kaltenbach, of the Board of Trustees of People to clothing, saving seniors hundreds of and Ms. Yoko Mossner for their incred- People International, and has also held dollars in medical insurance payments, ible efforts. various leadership roles in the Sagi- mentoring elementary school students, Ms. Sue Kaltenbach has been a resi- naw’s Culture Club, the Women’s Na- or helping people to understand and ac- dent of Saginaw County for thirty- tional Farm and Garden Association, cept a culture different from their own. seven years. During this time, she has the Saginaw County Lawyers’ Auxil- Thus, I rise today on behalf not only of served the Saginaw Township Commu- iary, and the Valparaiso University myself, but also of the entire Saginaw nity School Board in many ways: as Guild. She is a former member of the County, Michigan, community, to sin- president, vice president, secretary and Saginaw Zonta Club, and is currently a cerely thank Ms. Hazel Wilson, Ms. treasurer. She was also once president member of the Good Shepherd Lu- Mary Flannery, Ms. Sue Kaltenbach, of the Saginaw County School Board theran Church. and Ms. Yoko Mossner for their incred- Association, a vice president of the As- More importantly, Ms. Mossner has ible efforts. sistance League of Saginaw, president played a leading role in finding Japa- Ms. Mary Flannery has been a resi- of the Saginaw County Lawyer’s Auxil- nese culture a place in Saginaw Coun- dent of Saginaw, Michigan, long iary. In addition, Ms. Kaltenbach ty. For the last six years, she has

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3639 served as volunteer director for the SEMIANNUAL REPORT ON PAY- and to limit the product liability of non- Japanese Cultural Center and Tea MENTS TO CUBA WITH RESPECT manufacturer product sellers. House, a project that was made pos- TO TELECOMMUNICATIONS f sible by her efforts as a member of the SERVICES—MESSAGE FROM THE EXECUTIVE AND OTHER Board of Trustrees of the Saginaw PRESIDENT—PM 97 COMMUNICATIONS County Building Fund Committee. She The PRESIDING OFFICER laid be- The following communications were also serves as Special Envoy and Liai- fore the Senate the following message laid before the Senate, together with son Officer from Saginaw to its Sister from the President of the United accompanying papers, reports, and doc- City, Tokushima, Japan. Undoubtedly, States, together with an accompanying uments, which were referred as indi- her efforts in this regard have played a report; which was referred to the Com- cated: significant role in expanding the cul- mittee on Foreign Relations. tural awareness of an entire commu- EC–8146. A communication from the Chief, To the Congress of the United States: Regulations Unit, Internal Revenue Service, nity. Department of the Treasury, transmitting, As required by section 1705(e)(6) of Perhaps the most remarkable thing pursuant to law, the report of a rule entitled the Cuban Democracy Act of 1992, 22 about Ms. Mossner is that she has man- ‘‘Request for Comments on the Revision of U.S.C. 6004(e)(6), as amended by section aged to do all of this while placing her Proposed Section 987 Regulations’’ (Notice 102(g) of the Cuban Liberty and Demo- primary focus upon raising her own 2000–20) (OGI–116999–99), received March 21, cratic Solidarity (LIBERTAD) Act of 2000; to the Committee on Finance. three children. Mr. President, on behalf 1996, Public Law 104–114, 110 Stat. 785, I EC–8147. A communication from the Gen- of the entire United States Senate, I transmit herewith a semiannual report eral Counsel, Department of the Treasury, applaud Ms. Mossner for her dedication transmitting a draft of proposed legislation ‘‘detailing payments made to Cuba . . . to expanding the cultural knowledge in entitled ‘‘Customs Automation Moderniza- as a result of the provision of tele- Michigan. I am sure that the effects of tion Act of 2000’’; to the Committee on Fi- communications services’’ pursuant to her work are immeasurable.∑ nance. Department of the Treasury specific li- EC–8148. A communication from the Chief, censes. Regulations Branch, U.S. Customs Service, f WILLIAM J. CLINTON. Department of the Treasury, transmitting, THE WHITE HOUSE, March 27, 2000. pursuant to law, the report of a rule entitled MESSAGES FROM THE PRESIDENT ‘‘Technical Corrections to Customs Forms’’ f (T.D. 00–12), received March 23, 2000; to the Messages from the President of the MESSAGE FROM THE HOUSE Committee on Finance. United States were communicated to EC–8149. A communication from the Chief, the Senate by Ms. Evans, one of his At 1:05 p.m., a message from the Regulations Unit, Internal Revenue Service, Department of the Treasury, transmitting, secretaries. House of Representatives, delivered by Ms. Niland, one of its reading clerks, pursuant to law, the report of a rule entitled EXECUTIVE MESSAGES REFERRED announced that the House has agreed ‘‘Fringe Benefits Aircraft Valuation For- mula’’ (Rev. Rul. 2000–13), received March 22, As in executive session the Presiding to the following concurrent resolution, 2000; to the Committee on Finance. Officer laid before the Senate messages in which it requests the concurrence of EC–8150. A communication from the Chief, from the President of the United the Senate: Regulations Unit, Internal Revenue Service, States submitting withdrawals and H. Con. Res. 290. Concurrent resolution es- Department of the Treasury, transmitting, sundry nominations which were re- tablishing the congressional budget for the pursuant to law, the report of a rule entitled ferred to the appropriate committees. United States Government for fiscal year ‘‘Tax Treatment of Cafeteria Plans’’ (RIN 2001, revising the congressional budget for 1545–AX58), received March 23, 2000; to the (The nominations received today are the United States Government for fiscal year Committee on Finance. printed at the end of the Senate pro- 2000, and setting forth appropriate budgetary EC–8151. A communication from the Direc- ceedings.) levels for each of fiscal years 2002 through tor, Office of Management and Budget, Exec- 2005. utive Office of the President, transmitting a draft of proposed legislation entitled ‘‘Medi- f f care Modernization Act of 2000’’; to the Com- MEASURE REFERRED mittee on Finance. REPORT ON THE NATIONAL EMER- EC–8152. A communication from the Acting GENCY WITH RESPECT TO THE The following concurrent resolution Assistant Secretary, Land and Minerals NATIONAL UNION FOR THE was read and referred as indicated: Management, Department of the Interior, TOTAL INDEPENDENCE OF AN- H. Con. Res. 290. Concurrent resolution es- transmitting a draft of proposed legislation tablishing the congressional budget for the entitled ‘‘Melrose Range and Yakima Train- GOLA (UNITA)—MESSAGE FROM ing Center Transfer Act’’; to the Committee THE PRESIDENT—PM 96 United States Government for fiscal year 2001, revising the congressional budget for on Energy and Natural Resources. EC–8153. A communication from the Dep- the United States Government for fiscal year The PRESIDING OFFICER laid be- uty Assistant Administrator, Office of Diver- 2000, and setting forth appropriate budgetary fore the Senate the following message sion Control, Drug Enforcement Agency, De- levels for each of fiscal years 2002 through from the President of the United partment of Justice transmitting, pursuant 2005; to the Committee on the Budget. States, together with an accompanying to law, the report of a rule entitled ‘‘Sched- report; which was referred to the Com- f ules of Controlled Substances: Addition of Gamma-Hydroxbutyric Acid to Schedule I’’ mittee on Banking, Housing, and MEASURES PLACED ON THE Urban Affairs. (DEA–200F), received March 23, 2000; to the CALENDAR Committee on the Judiciary. To the Congress of the United States: The following bills were read the sec- EC–8154. A communication from the Assist- As required by section 401(c) of the ant General Counsel for Regulatory Law, De- ond time, and placed on the calendar: partment of Energy, transmitting, pursuant National Emergencies Act, 50 U.S.C. S. 2284. A bill to amend the Fair Labor to law, the report of a rule entitled ‘‘Backup 1641(c), and section 204(c) of the Inter- Standards Act of 1938 to provide for an in- Power Sources for DOE Facilities’’ (DOE– national Emergency Economic Powers crease in the Federal minimum wage. STD 3003–2000), received March 23, 2000; to Act, 50 U.S.C. 1703(c), I transmit here- S. 2285. A bill instituting a Federal fuels the Committee on Energy and Natural Re- with a 6-month periodic report on the tax holiday. sources. national emergency with respect to the f EC–8155. A communication from the Assist- National Union for the Total Independ- ant General Counsel for Regulatory Law, De- MEASURE READ THE FIRST TIME partment of Energy, transmitting, pursuant ence of Angola (UNITA) that was de- to law, the report of a rule entitled ‘‘The clared in Executive Order 12865 of Sep- The following bill was read the first DOE Corporate Lessons Learned Program’’ tember 26, 1993. time: (DOE–STD 7501–99), received March 23, 2000; WILLIAM J. CLINTON. H.R. 2366. An act to provide small business to the Committee on Energy and Natural Re- THE WHITE HOUSE, March 27, 2000. certain protections from litigation excesses sources.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3640 CONGRESSIONAL RECORD—SENATE March 27, 2000 EC–8156. A communication from the Assist- Evaluation, Environmental Protection Agen- a violation of the Antideficiency Act; to the ant General Counsel for Regulatory Law, De- cy, transmitting, pursuant to law, the report Committee on Appropriations. partment of Energy, transmitting, pursuant of a rule entitled ‘‘Approval and Promulga- EC–8174. A communication from the Chief, to law, the report of a rule entitled ‘‘Internal tion of Municipal Solid Waste Landfills Programs and Legislation Division, Office of Dosimetry’’ (DOE–STD 1121–98), received State Plan for Designated Facilities and Pol- Legislative Liaison, Department of the Air March 23, 2000; to the Committee on Energy lutants; Idaho’’ (FRL # 6566–2), received Force, transmitting, a report relative to a and Natural Resources. March 23, 2000; to the Committee on Environ- cost comparison conducted at Kirtland Air EC–8157. A communication from the Presi- ment and Public Works. Force Base, NM; to the Committee on Armed dent and Chairman, Export-Import Bank of EC–8166. A communication from the Direc- Services. the United States, transmitting, pursuant to tor, Office of Regulatory Management and EC–8175. A communication from the Under law, a report relative to a transaction in- Information, Office of Policy, Planning and Secretary of Defense, Acquisition and Tech- volving U.S. exports to Turkey; to the Com- Evaluation, Environmental Protection Agen- nology, transmitting, pursuant to law, a re- mittee on Banking, Housing, and Urban Af- cy, transmitting, pursuant to law, the report port relative to the DoD Chemical and Bio- fairs. of a rule entitled ‘‘Approval and Promulga- logical Defense Program, dated February EC–8158. A communication from the Direc- tion of State Plans for Designated Facilities 2000; to the Committee on Armed Services. tor, Corporate Policy and Research Depart- and Pollutants; Indiana; Control of Landfill EC–8176. A communication from the Pro- ment, Pension Benefit Guaranty Corpora- Gas Emissions from Existing Municipal gram Manager, Pentagon Renovation Pro- tion, transmitting, pursuant to law, the re- Solid Waste Landfills’’ (FRL # 6566–7), re- gram, Department of Defense transmitting, port of a rule entitled ‘‘Allocation of Assets ceived March 23, 2000; to the Committee on pursuant to law, a report relative to the ren- in Single-Employer Plans; Interest Assump- Environment and Public Works. ovation of the Pentagon Reservation; to the tions for Valuing Benefits’’, received March EC–8167. A communication from the Direc- Committee on Armed Services. 21, 2000; to the Committee on Health, Edu- tor, Office of Regulatory Management and EC–8177. A communication from the Assist- cation, Labor, and Pensions. Information, Office of Policy, Planning and ant Secretary of Defense, Health Affairs, EC–8159. A communication from the Assist- Evaluation, Environmental Protection Agen- transmitting, pursuant to law, a report rel- ant Secretary, Legislative Affairs, Depart- cy, transmitting, pursuant to law, the report ative to TRICARE Managed Care Support ment of State, transmitting, pursuant to the of a rule entitled ‘‘Finding of Failure to Sub- Contractors; to the Committee on Armed Arms Export Control Act, a report relative mit a Required State Implementation Plan Services. to certification of a proposed license for the for Carbon Monoxide; Fairbanks, Alaska’’ EC–8178. A communication from the Chair- export of defense articles or defense services (FRL # 6566–5), received March 23, 2000; to man of the Council of the District of Colum- sold commercially under a contract in the the Committee on Environment and Public bia, transmitting, pursuant to law, a report amount of $50,000,000 or more to Japan; to Works. on D.C. Act 13–264, ‘‘School Proximity Traf- EC–8168. A communication from the Direc- the Committee on Foreign Relations. fic Calming Act of 2000’’; to the Committee tor, Office of Regulatory Management and EC–8160. A communication from the Assist- on Governmental Affairs. Information, Office of Policy, Planning and EC–8179. A communication from the Chair- ant Secretary, Legislative Affairs, Depart- Evaluation, Environmental Protection Agen- man of the Council of the District of Colum- ment of State, transmitting, pursuant to cy, transmitting, pursuant to law, the report bia, transmitting, pursuant to law, a report law, the report of a rule entitled ‘‘VISAS: of a rule entitled ‘‘Finding of Failure to Sub- on D.C. Act 13–265, ‘‘Child Helmet Safety Nonimmigrant classes; Irish Peace Process mit a Required State Implementation Plan Amendment Act of 2000’’; to the Committee Cultural and Training Program’’, received for Carbon Monoxide; Spokane, Washington’’ on Governmental Affairs. March 16, 2000; to the Committee on Foreign (FRL # 6566–9), received March 23, 2000; to EC–8180. A communication from the Chair- Relations. the Committee on Environment and Public man of the Council of the District of Colum- EC–8161. A communication from the Direc- Works. bia, transmitting, pursuant to law, a report tor, Office of Regulatory Management and EC–8169. A communication from the Direc- on D.C. Act 13–266, ‘‘District of Columbia Information, Office of Policy, Planning and tor, Office of Regulatory Management and Uniform Disposition of Unclaimed Property Evaluation, Environmental Protection Agen- Information, Office of Policy, Planning and Amendment Act of 2000’’; to the Committee cy, transmitting, pursuant to law, the report Evaluation, Environmental Protection Agen- on Governmental Affairs. of a rule entitled ‘‘Prevention of Significant cy, transmitting, pursuant to law, the report EC–8181. A communication from the Chair- Deterioration Delegation of Authority to of a rule entitled ‘‘Oklahoma; Final Author- man of the Council of the District of Colum- Medocino County Air Pollution Control Dis- ization of State Hazardous Waste Manage- bia, transmitting, pursuant to law, a report trict to Administer Permits Issued by EPA’’ ment Program Revisions’’ (FRL # 6565–4), re- on D.C. Act 13–267, ‘‘Underground Facilities (FRL # 6561–8), received March 16, 2000; to ceived March 23, 2000; to the Committee on Protection Amendment Act of 2000’’; to the the Committee on Environment and Public Environment and Public Works. Committee on Governmental Affairs. Works. EC–8170. A communication from the Direc- EC–8182. A communication from the Chair- EC–8162. A communication from the Direc- tor, Office of Regulatory Management and man of the Council of the District of Colum- tor, Office of Regulatory Management and Information, Office of Policy, Planning and bia, transmitting, pursuant to law, a report Information, Office of Policy, Planning and Evaluation, Environmental Protection Agen- on D.C. Act 13–268, ‘‘Litter Control Adminis- Evaluation, Environmental Protection Agen- cy, transmitting, pursuant to law, the report tration Amendment Act of 2000’’; to the cy, transmitting, a report entitled ‘‘Guid- of a rule entitled ‘‘West Virginia: Final De- Committee on Governmental Affairs. ance Regarding Re-Certification Under the termination of Partial Program Adequacy of EC–8183. A communication from the Chair- Urban Bus Rebuild Program’’; to the Com- the State’s Municipal Solid Waste Landfill man of the Council of the District of Colum- mittee on Environment and Public Works. Permitting Program’’ (FRL # 6565–6), re- bia, transmitting, pursuant to law, a report EC–8163. A communication from the Direc- ceived March 23, 2000; to the Committee on on D.C. Act 13–271, ‘‘Compensating- tor, Office of Regulatory Management and Environment and Public Works. Act of 2000’’; to the Committee on Govern- Information, Office of Policy, Planning and EC–8171. A communication from the Assist- mental Affairs. Evaluation, Environmental Protection Agen- ant General Counsel for Regulatory Law, De- EC–8184. A communication from the Chair- cy, transmitting, pursuant to law, the report partment of Energy, transmitting, pursuant man of the Council of the District of Colum- of a rule entitled ‘‘Outer Continental Shelf to law, the report of a rule entitled ‘‘Prepa- bia, transmitting, pursuant to law, a report Air Regulations Consistency Update for Cali- ration Guide for U.S. Department of Energy on D.C. Act 13–270, ‘‘Bread for the City & fornia’’ (FRL # 6563–9), received March 21, Nonreactor Nuclear Facility Safety Analysis Zacchaeus Free Clinic Equitable Real Prop- 2000; to the Committee on Environment and Reports’’ (DOE STD 3009–94), received March erty Tax Relief Act of 2000’’; to the Com- Public Works. 23, 2000; to the Committee on Energy and mittee on Governmental Affairs. EC–8164. A communication from the Direc- Natural Resources. EC–8185. A communication from the Chair- tor, Office of Regulatory Management and EC–8172. A communication from the Chief, man of the Council of the District of Colum- Information, Office of Policy, Planning and Endangered Species Division, Office of Pro- bia, transmitting, pursuant to law, a report Evaluation, Environmental Protection Agen- tected Resources, National Oceanic and At- on D.C. Act 13–272, ‘‘Victory Memorial Bap- cy, transmitting, pursuant to law, the report mospheric Administration, Department of tist Church Equitable Real Property Tax Re- of a rule entitled ‘‘Approval of Revisions to Commerce, transmitting, pursuant to law, lief Act of 2000’’; to the Committee on Gov- Ventura County APCD, Monterey Bay Uni- the report of a rule entitled ‘‘Critical Habi- ernmental Affairs. fied APCD and Santa Barbara County tat for 19 Evolutionary Significant Units of EC–8186. A communication from the Chair- APCD’’ (FRL # 6563–3), received February 8, Salmon and Steelhead in Washington, Or- man of the Council of the District of Colum- 2000; to the Committee on Environment and egon, Idaho and California’’ (RIN0648–AG49), bia, transmitting, pursuant to law, a report Public Works. received March 20, 2000; to the Committee on on D.C. Act 13–273, ‘‘Muhammad Mosque No. EC–8165. A communication from the Direc- Environment and Public Works. 4 Equitable Real Property Tax Relief Act of tor, Office of Regulatory Management and EC–8173. A communication from the Under 2000’’; to the Committee on Governmental Information, Office of Policy, Planning and Secretary of Defense, Comptroller reporting Affairs.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3641 EC–8187. A communication from the Chair- EC–8198. A communication from the Divi- rebates to insured depository institutions of man of the Council of the District of Colum- sion Chief, Telecommunications Consumers such excess reserves; to the Committee on bia, transmitting, pursuant to law, a report Division, Enforcement Bureau, Federal Com- Banking, Housing, and Urban Affairs. on D.C. Act 13–287, ‘‘Long-Term Care Insur- munications Commission and Federal Trade By Mrs. FEINSTEIN (for herself and ance Act of 2000’’; to the Committee on Gov- Commission transmitting, pursuant to law, Mrs. BOXER): ernmental Affairs. the report of a rule entitled ‘‘Joint FCC/FTC S. 2294. A bill to establish the Rosie the EC–8188. A communication from the Chair- Policy Statement for the Advertising of Riveter-World War II Home Front National man of the Council of the District of Colum- Dial-Around and Other Long-Distance Serv- Historical Park in the State of California, bia, transmitting, pursuant to law, a report ices to Consumers’’ (File No. 00–EB–TCD– and for other purposes; to the Committee on on D.C. Act 13–295, ‘‘School Governance 1[PS], FCC 00–72), received March 22, 2000; to Energy and Natural Resources. Charter Amendment Act of 2000’’; to the the Committee on Commerce, Science, and By Mr. DURBIN: Committee on Governmental Affairs. Transportation. S. 2295. A bill to provide for the liquidation EC–8189. A communication from the Chair- f or reliquidation of certain entries of copper man of the Council of the District of Colum- and brass sheet and strip; to the Committee bia, transmitting, pursuant to law, a report REPORTS OF COMMITTEES on Finance. on D.C. Act 13–291, ‘‘Tax Conformity Tem- By Mr. CRAPO: porary Act of 2000’’; to the Committee on The following reports of committees S. 2296. A bill to provide grants for special Governmental Affairs. were submitted: environmental assistance for the regulation EC–8190. A communication from the Chair- By Mr. HATCH, from the Committee on of communities and habitat (SEARCH) to man of the Council of the District of Colum- the Judiciary: small communities; to the Committee on En- bia, transmitting, pursuant to law, a report Report to accompany the bill (S. 671) to vironment and Public Works. on D.C. Act 13–288, ‘‘Medicare Supplement amend the Trademark Act of 1946 to provide By Mr. CRAPO (for himself, Mr. REID, Insurance Minimum Standards Amendment for the registration and protection of trade- Mr. SMITH of New Hampshire, and Act of 2000’’; to the Committee on Govern- marks used in commerce, in order to carry Mr. BAUCUS): mental Affairs. out provisions of certain international con- S. 2297. A bill to reauthorize the Water Re- EC–8191. A communication from the Chair- ventions, and for other purposes (Rept. No. sources Research Act of 1984; to the Com- man of the Council of the District of Colum- 106–249). mittee on Environment and Public Works. bia, transmitting, pursuant to law, a report By Mr. THOMPSON, from the Committee By Mr. JEFFORDS (for himself, Mr. on D.C. Act 13–289, ‘‘Recreation Volunteer on Governmental Affairs, without amend- REED, and Mr. LEAHY): Background Check and Screening Act of ment: S. 2298. A bill to amend title XVIII of the 2000’’; to the Committee on Governmental H.R. 1374: A bill to designate the United Social Security Act to clarify the definition Affairs. States Post Office building located at 680 of homebound with respect to home health EC–8192. A communication from the Chair- State Highway 130 in Hamilton, New Jersey, services under the medicare program; to the man of the Council of the District of Colum- as the ‘‘John K. Rafferty Hamilton Post Of- Committee on Finance. bia, transmitting, pursuant to law, a report fice Building.’’ By Mr. L. CHAFEE (for himself and on D.C. Act 13–290, ‘‘Closing of Public Alley H.R. 3189: A bill to designate the United Ms. SNOWE): in Square 6159, S.O. 98–125 Act of 2000’’; to the States post office located at 14071 Peyton S. 2299. A bill to amend title XIX of the So- Committee on Governmental Affairs. Drive in Chino Hills, California, as the ‘‘Jo- EC–8193. A communication from the Chair- cial Security Act to continue State Medicaid seph Ileto Post Office.’’ man of the Council of the District of Colum- disproportionate share hospital (DSH) allot- bia, transmitting, pursuant to law, a report f ments for fiscal year 2001 at the levels for fis- on D.C. Act 13–269, ‘‘University of the Dis- cal year 2000; to the Committee on Finance. EXECUTIVE REPORTS OF A trict of Columbia Board of Trustees Resi- f dency Requirement Amendment Act of 2000’’; COMMITTEE to the Committee on Governmental Affairs. The following executive reports of a STATEMENTS ON INTRODUCED EC–8194. A communication from the Asso- committee were submitted: BILLS AND JOINT RESOLUTIONS ciate Administrator, Agricultural Marketing By Mrs. FEINSTEIN (for herself Service, Fruit and Vegetable Programs, De- By Mr. WARNER for the Committee on partment of Agriculture transmitting, pur- Armed Services. and Mrs. BOXER): suant to law, the report of a rule entitled Herschelle S. Challenor, of Georgia, to be a S. 2294. A bill to establish the Rosie ‘‘Raisins Produced from Grapes Grown in Member of the National Security Education the Riveter-World War II Home Front California; Changes in Reporting Require- Board for a term of four years. (Reappoint- National Historical Park in the State ments’’ (Docket Number FV00–989–1 FR), re- ment) of California, and for other purposes; to ceived March 23, 2000; to the Committee on Rudy deLeon, of California, to be Deputy the Committee on Energy and Natural Secretary of Defense. Agriculture, Nutrition, and Forestry. Resources. EC–8195. A communication from the Asso- Douglas A. Dworkin, of Maryland, to be ciate Administrator, Agricultural Marketing General Counsel of the Department of De- ROSIE THE RIVETER-WORLD WAR II HOME FRONT Service, Fruit and Vegetable Programs, De- fense. NATIONAL HISTORICAL PARK ACT partment of Agriculture transmitting, pur- (The above nominations were re- Mrs. FEINSTEIN. Mr. President, I suant to law, the report of a rule entitled ported with the recommendation that am proud to introduce this bill today ‘‘Avocados Grown in South Florida; Relax- they be confirmed subject to the nomi- to establish the Rosie the Riveter/ ation of Container and Pack Requirements’’ nees’ commitment to respond to re- World War II Home Front National His- (Docket Number FV00–915–1 FIR), received toric Park. This park will be con- March 23, 2000; to the Committee on Agri- quests to appear and testify before any culture, Nutrition, and Forestry. duly constituted committee of the Sen- structed on the former site of Rich- EC–8196. A communication from the Asso- ate.) mond Kaiser Shipyard #2 which pro- duced WWII ships at the site of the ciate Administrator, Agricultural Marketing f Service, Fruit and Vegetable Programs, De- present-day Marina Park in Richmond partment of Agriculture transmitting, pur- INTRODUCTION OF BILLS AND California. suant to law, the report of a rule entitled JOINT RESOLUTIONS The Home Front industrial buildup ‘‘Nectarines and Peaches Grown in Cali- The following bills and joint resolu- in Richmond, California and across fornia; Revision of Handling Requirements tions were introduced, read the first America to strengthen U.S. military for Fresh Nectarines and Peaches’’ (Docket and second times by unanimous con- Number FV00–916–1 IFR), received March 23, capability and eventually win World 2000; to the Committee on Agriculture, Nu- sent, and referred as indicated: War II started in early 1941 with the trition, and Forestry. By Mr. SANTORUM (for himself, Mr. Lend Lease Program. Employment at EC–8197. A communication from the Direc- EDWARDS, Mr. HELMS, Mr. MUR- the Richmond Shipyards peaked at tor, Office of Regulatory Management and KOWSKI, and Mrs. HUTCHISON): 90,000 and forced an unprecedented in- Information, Office of Policy, Planning and S. 2293. A bill to amend the Federal De- tegration of workers into the nation’s Evaluation, Environmental Protection Agen- posit Insurance Act and the Federal Home work force. cy, transmitting, pursuant to law, the report Loan Bank Act to provide for the payment of of a rule entitled ‘‘Dichlormid: Time-Limited Financing Corporation interest obligations ‘‘Rosie the Riveter’’ was a term Pesticide Tolerance’’ (FRL # 6498–7), re- from balances in the deposit insurance funds coined to help recruit female civilian ceived March 23, 2000; to the Committee on in excess of an established ratio and, after workers and came to symbolize a work- Agriculture, Nutrition, and Forestry. such obligations are satisfied, to provide for force mobilized to fill the gap created

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.001 S27MR0 3642 CONGRESSIONAL RECORD—SENATE March 27, 2000 by working men who left their jobs for forts might be discouraged by grant ad- By Mr. JEFFORDS (for himself, active military duty. Nationwide, six ministrators who prefer conformity. Mr. REED, and Mr. LEAHY): million women entered the WWII Home Some run into unexpected costs during S. 2298. A bill to amend title XVIII of Front workforce, which also provided a project and have borrowed and bond- the Social Security Act to clarify the unprecedented opportunities for mi- ed to the maximum. Others are in crit- definition of homebound with respect norities. ical habitat locations and any project to home health services under the I am proud to offer this legislation to may have additional costs, which may Medicare Program; to the Committee commemorate these invaluable con- not be recognized by traditional finan- on Finance. tributions to the U.S. victory in World cial sources. Still others just need help THE HOMEBOUND CLARIFICATION ACT War II, and I urge my colleagues to for the initial environmental feasi- ∑ Mr. JEFFORDS. Mr. President, I am support this bill. bility study so they can identify the here today to introduce the Home- most effective path forward. bound Clarification Act of 2000. This By Mr. CRAPO: With these needs in mind, in 1998, I important bill has been crafted to pro- S. 2296. A bill to provide grants for was able to secure $1.3 million through tect Medicare beneficiaries from a special environmental assistance for the Environmental Protection Agency growing problem that is impeding ac- the regulation of communities and (EPA) for a demonstration grant pro- cess to vital home care services. I want habitat (SEARCH) to small commu- gram for Idaho’s small communities. to recognize my cosponsors, Senator nities; to the Committee on Environ- Idaho’s program does not replace other REED of Rhode Island and Senator ment and Public Works. funding sources, but serves as a final LEAHY, for their continued effort and PROJECT SEARCH resort when all other means have been dedication to protecting access to Mr. CRAPO. Mr. President, I rise exhausted. home health care. today to introduce legislation to au- The application process was sim- Federally funded home health care is thorize a national environmental plified so that any small town mayor, an often quiet but invaluable part of grants program for small communities county commissioner, sewer district life for America’s seniors. Medical called Project SEARCH. chairman, or community leader could treatment can often mean being sub- manage it without hiring a profes- The national Project SEARCH (Spe- jected to a strange and unfamiliar en- sional grant writer. An independent cial Environmental Assistance for the vironment. For our nation’s elderly, citizens committee with statewide rep- Regulation of Communities and Habi- who may have special needs, this in- resentation was established to make tat) concept is based on a demonstra- convenience can be more severe and the selections and get the funds on the tion program that has been operating detrimental to successful recovery. ground as quickly as possible. No bu- with great success in Idaho in 1999 and Home health care means that people reaucratic or political intrusions were 2000. In short, the bill establishes a recovering from surgery can go home simplified application process for com- permitted. Although the EPA subsequently in- sooner—it means that someone recov- munities of under 2,500 individuals to ering from an accident can get physical receive assistance in meeting a broad sisted that grants be limited to water and wastewater projects, forty-four therapy in their home, it means our array of federal, state, or local environ- seniors can stay at home, and out of mental regulations. Grants would be communities in Idaho ultimately ap- plied, not including two that failed to nursing homes. available for initial feasibility studies, The sooner you can return patients to address unanticipated costs arising meet the eligibility requirements. Ulti- mately, twenty-one communities were to their homes, the sooner they can re- during the course of a project, or when cover. The familiar environment of the a community has been turned down or awarded grants in several categories, and ranged in size from $9,000 to home, family, and friends is more nur- underfunded by traditional sources. turing to recovering patients than the The grant program would require no $319,000. A Native American commu- nity, a migrant community, and sev- often stressful and unfamiliar sur- match from the recipients. roundings of a hospital. Home health is Some of the major highlights of the eral innovative collaborative efforts were included in the successful appli- also a great avenue for education. It program are: empowers families to assist in the care A simplified application process—no cants. The communities that were not of their loved ones. It is smart policy special grants coordinators required; selected are being given assistance in from human and financial standpoints. No unsolicited bureaucratic intru- exploring other funding sources and But there are some seniors who are sions into the decision-making process; other advice. being denied access to this smart pol- Communities must first have at- The response and feedback from all icy. An individual must be considered tempted to receive funds from tradi- participants has been overwhelming ‘‘homebound’’ to qualify for Medicare tional sources; positive. Environmental officials from It is open to studies or projects in- the state and EPA who witnessed the reimbursement for home health. volving any environmental regulation; process have stated that the process Though an individual is not required to Applications are reviewed and ap- worked well and was able to accom- be bed-ridden, the condition of the in- proved by citizens panel of volunteers; plish much on a volunteer basis. There dividual should include ‘‘a normal in- The panel chooses number of recipi- was even extraordinary appreciation ability to leave the home.’’ Under the ents and size of grants; from other funding agencies because current definition, an individual is The panel consists of volunteers rep- some communities they were not able ‘‘homebound’’ if ‘‘leaving the home re- resenting all regions of the state; and to reach were provided funds for feasi- quires a considerable and taxing effort No local match is required to receive bility studies. The only negative com- by the individual, and that absences of the SEARCH funds. ments were from those who wished the individual from home are infre- Over the past several years, it has be- that the EPA had not limited the pro- quent and of short duration, or are at- come increasing apparent that small gram to water and wastewater tributable to the need to receive med- communities are having problems com- projects. ical treatment.’’ The definition allows plying with environmental rules and The conclusion of all participants for ‘‘infrequent’’ or ‘‘short duration,’’ regulations due primarily to lack of was that Project SEARCH is a program recognizing that short excursions may funding, not a willingness to do so. worthy of being expanded nationally. be a part of a successful recovery proc- They, like all of us, want clean water So many small communities in so ess, but leaves it up to fiscal inter- and air and a healthy natural environ- many states can benefit from a pro- mediaries to interpret exactly what ment. Sometimes, they simply cannot gram that assists underserved and number is frequent and how short an shoulder the financial burden with often overlooked communities. This absence must be. Interpretation of this their limited resources. legislation provides us the opportunity definition has varied widely. In addition, small communities wish- to help small communities throughout Sadly, there is a ready supply of dis- ing to pursue unique collaborative ef- the United States. turbing examples of the overzealous

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.002 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3643 and arbitrary interpretation of the def- ment to help compensate for the in- S. 2299 inition. Many seniors have found them- creases in the cost of providing care to Be it enacted by the Senate and House of Rep- selves virtual prisoners in their homes, the most needy and indigent patients. resentatives of the United States of America in threatened with loss of coverage if they In addition to the Medicare payment Congress assembled, attend adult day care, weekly religious reductions in the Balanced Budget Act SECTION 1. SHORT TITLE. services, or even visit family members of 1997 (BBA), federal payments to the This Act may be cited as the ‘‘Medicaid in the hospital. This makes no sense Medicaid DSH program were also re- DSH Preservation Act of 2000’’. because all of these activities are steps duced by $10.4 billion over 5 years, with SEC. 2. CONTINUATION OF MEDICAID DSH AL- LOTMENTS AT FISCAL YEAR 2000 on the road to successful and healthy these reductions being absorbed by LEVELS FOR FISCAL YEAR 2001. recovery. Often, health professionals States and our Nation’s vulnerable Section 1923(f) of the Social Security Act want patients to get outside for fresh safety net hospitals. Medicaid DSH (42 U.S.C. 1396r–4(f)), as amended by section air or exercise, as part of their care payments help reimburse hospitals’ 601 of the Medicare, Medicaid, and SCHIP plan. This helps fight off depression. costs of treating Medicaid patients, Balanced Budget Refinement Act of 1999, as Seniors deserve a more consistent particularly those with complex med- enacted into law by section 1000(a)(6) of Pub- standard to depend upon, rather than a ical needs. These payments also make lic Law 106–113 (113 Stat. 1501A–394), is amended— completely arbitrary number of ab- it possible for communities to care for (1) in paragraph (2)— sences from the home. In April 1999, the uninsured—a population that is (A) in the heading, by striking ‘‘2002’’ and Secretary of Health and Human Serv- projected to increase considerably dur- inserting ‘‘2001’’; ices Donna Shalala sent a report to ing the next few years. (B) in the matter preceding the table, by Congress on the homebound definition. The impact of these financial pres- striking ‘‘2002’’ and inserting ‘‘2001’’; and The report identifies the wide variety sures was not fully anticipated at the (C) in the table in such paragraph, by in interpretation of the definition and time the BBA was enacted. Other Fi- striking the column labeled ‘‘FY 02’’ relating nancial pressures such as declining to fiscal year 2002; and the absurdity of some coverage deter- (2) in paragraph (3)— minations that follow. While the Ad- Medicaid enrollment have had a sig- (A) in the heading, by striking ‘‘2003’’ and ministration unfortunately stopped nificant impact on these safety net inserting ‘‘2002’’; and short of taking action themselves, hospitals, thereby adding to the rap- (B) in subparagraph (A), by striking ‘‘2003’’ Shalala did propose that a clarification idly rising number of Americans with- and inserting ‘‘2002’’.∑ of the definition is needed to improve out health insurance. At a time when f our Nation’s uninsured rate continues uniformity of determination. ADDITIONAL COSPONSORS The Homebound Clarification Act to climb above 44 million, it makes lit- states that eligibility of an individual tle sense to be reducing much-needed S. 59 depends on the condition of the pa- Medicaid DSH payments to our na- At the request of Mr. THOMPSON, the tient, how ‘‘taxing’’ it is for the pa- tion’s safety net hospitals. name of the Senator from Alabama tient to leave home. It strikes the Hospitals in Rhode Island will absorb (Mr. SESSIONS) was added as a cospon- clause that states: ‘‘that absences of $400 million in reductions as a result of sor of S. 59, a bill to provide Govern- the individual from home are infre- changes made to the Medicare and ment-wide accounting of regulatory quent or of relatively short duration, Medicaid programs in the BBA. Ten costs and benefits, and for other pur- or are attributable to the need to re- out of fourteen hospitals in my State poses. ceive medical treatment.’’ This is con- had operating losses in 1999. After the S. 210 sistent with the intent of Congress and BBA was enacted, it was predicted that At the request of Mr. MOYNIHAN, the the Administration. This will not open cuts in federal Medicare and Medicaid name of the Senator from Rhode Island the door to wider coverage of home payments would cost hospitals in (Mr. REED) was added as a cosponsor of health, but rather protect coverage for Rhode Island $220 million over 5 years; S. 210, a bill to establish a medical edu- those who need it. however, this estimate has proven to cation trust fund, and for other pur- We ask that seniors put their trust in be about $180 million off the mark. poses. the Medicare program. We are respon- Every other State is experiencing simi- S. 512 sible for making sure that the Medi- lar problems. Since the BBA was signed At the request of Mr. GORTON, the care program lives up to its promise into law, the American Hospital Asso- name of the Senator from Georgia (Mr. and that home health will be available ciation commissioned a study by the CLELAND) was added as a cosponsor of to those who need it. Once again, I Lewin Group, which estimated that S. 512, a bill to amend the Public would like to thank my cosponsors, there would be $71 billion less paid to Health Service Act to provide for the Senators REED and LEAHY for their hospitals nationwide over 5 years. The expansion, intensification, and coordi- work. We look forward to working with original estimate of the impact of the nation of the activities of the Depart- the rest of Congress to turn this legis- BBA was $18 billion. While the Bal- ment of Health and Human Services lation into law.∑ anced Budget Refinement Act of 1999 with respect to research on autism. provided some relief to our Nation’s fi- S. 818 By Mr. L. CHAFEE (for himself nancially strapped hospitals, that re- At the request of Mr. DEWINE, the and Ms. SNOWE): lief was targeted to the Medicare pro- name of the Senator from Nevada (Mr. S. 2299. A bill to amend title XIX of gram. Clearly, more needs to be done BRYAN) was added as a cosponsor of S. the Social Security Act to continue to keep our vulnerable safety net hos- 818, a bill to require the Secretary of State Medicaid disproportionate share pitals from continuing on this down- Health and Human Services to conduct hospital (DSH) allotments for fiscal ward spiral. a study of the mortality and adverse year 2001 at the levels for fiscal year This legislation we are introducing outcome rates of medicare patients re- 2000; to the Committee on Finance. today represents a commonsense com- lated to the provision of anesthesia THE MEDICAID DSH PRESERVATION ACT OF 2000 promise that will help prevent the fur- services. Mr. L. CHAFEE. Mr. President, I am ther erosion of our Nation’s safety net pleased to be joined today by Senator hospitals and the long-term viability of S. 873 SNOWE in introducing the Medicaid our country’s health care system. At the request of Mr. DURBIN, the DSH Preservation Act of 2000. This leg- I urge my colleagues to join me in name of the Senator from Maryland islation will freeze Medicaid dispropor- supporting this important legislation (Ms. MIKULSKI) was added as a cospon- tionate share hospital (DSH) reduc- and I ask unanimous consent that the sor of S. 873, a bill to close the United tions at Fiscal Year 2000 levels, thereby legislation be printed in the RECORD. States Army School of the Americas. mitigating the forthcoming reductions There being no objection, the bill was S. 890 in Fiscal Years 2001 and 2002. This bill ordered to be printed in the RECORD, as At the request of Mr. WELLSTONE, the will also provide a growth rate adjust- follows: name of the Senator from California

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(Mrs. FEINSTEIN) was added as a co- international competitiveness of the sponsors of S. 2070, a bill to improve sponsor of S. 890, a bill to facilitate the United States-flag maritime industry safety standards for child restraints in naturalization of aliens who served through tax relief. motor vehicles. with special guerrilla units or irregular S. 1900 S. 2132 forces in Laos. At the request of Mr. LAUTENBERG, At the request of Mr. KERRY, the S. 931 the name of the Senator from North name of the Senator from At the request of Mr. MCCONNELL, Dakota (Mr. DORGAN) was added as a (Mr. LEAHY) was added as a cosponsor the name of the Senator from Con- cosponsor of S. 1900, a bill to amend the of S. 2132, a bill to create incentives for necticut (Mr. LIEBERMAN) was added as of 1986 to allow private sector research related to de- a cosponsor of S. 931, a bill to provide a credit to holders of qualified bonds veloping vaccines against widespread for the protection of the flag of the issued by Amtrak, and for other pur- diseases and ensure that such vaccines United States, and for other purposes. poses. are affordable and widely distributed. S. 1037 S. 1938 S. 2181 At the request of Mrs. BOXER, the At the request of Mr. CRAIG, the At the request of Mr. BINGAMAN, the name of the Senator from Wisconsin name of the Senator from Wyoming name of the Senator from New Jersey (Mr. FEINGOLD) was added as a cospon- (Mr. ENZI) was added as a cosponsor of (Mr. LAUTENBERG) was added as a co- sor of S. 1037, a bill to amend the Toxic S. 1938, a bill to provide for the return sponsor of S. 2181, a bill to amend the Substances Control Act to provide for a of fair and reasonable fees to the Fed- Land and Water Conservation Fund gradual reduction in the use of methyl eral Government for the use and occu- Act to provide full funding for the tertiary butyl ether, and for other pur- pancy of National Forest System land Land and Water Conservation Fund, poses. under the recreation residence pro- and to provide dedicated funding for S. 1180 gram, and for other purposes. other conservation programs, including coastal stewardship, wildlife habitat At the request of Mr. HELMS, his S. 1969 protection, State and local park and name was withdrawn as a cosponsor of At the request of Mr. CRAIG, the S. 1180, a bill to amend the Elementary name of the Senator from Utah (Mr. open space preservation, historic pres- ervation, forestry conservation pro- and Secondary Education Act of 1965, HATCH) was added as a cosponsor of S. to reauthorize and make improvements 1969, a bill to provide for improved grams, and youth conservation corps; to that Act, and for other purposes. management of, and increases account- and for other purposes. S. 2215 S. 1196 ability for, outfitted activities by At the request of Mr. HUTCHINSON, At the request of Mr. COVERDELL, the which the public gains access to and the name of the Senator from New name of the Senator from Pennsyl- occupancy and use of Federal land, and Hampshire (Mr. SMITH) was added as a vania (Mr. SPECTER) was added as a co- for other purposes. cosponsor of S. 2215, a bill to clarify sponsor of S. 1196, a bill to improve the S. 2003 the treatment of nonprofit entities as quality, timeliness, and credibility of At the request of Mr. JOHNSON, the noncommercial educational or public forensic science services for criminal name of the Senator from Utah (Mr. broadcast stations under the Commu- justice purposes. BENNETT) was added as a cosponsor of nications Act of 1934. S. 1361 S. 2003, a bill to restore health care S. 2255 coverage to retired members of the At the request of Mr. STEVENS, the At the request of Mr. MCCAIN, the uniformed services. name of the Senator from Kentucky name of the Senator from Oregon (Mr. S. 2018 (Mr. BUNNING) was added as a cosponsor WYDEN) was added as a cosponsor of S. of S. 1361, a bill to amend the Earth- At the request of Mrs. HUTCHISON, the 2255, a bill to amend the quake Hazards Reduction Act of 1977 to names of the Senator from Alabama Freedom Act to extend the moratorium provide for an expanded Federal pro- (Mr. SESSIONS), the Senator from Ne- through calendar year 2006. gram of hazard mitigation, relief, and braska (Mr. HAGEL), and the Senator S. 2277 insurance against the risk of cata- from South Carolina (Mr. HOLLINGS) At the request of Mr. ROTH, the strophic natural disasters, such as hur- were added as cosponsors of S. 2018, a names of the Senator from Alaska (Mr. ricanes, earthquakes, and volcanic bill to amend title XVIII of the Social MURKOWSKI), the Senator from Wyo- eruptions, and for other purposes. Security Act to revise the update fac- ming (Mr. THOMAS), the Senator from tor used in making payments to PPS S. 1558 California (Mrs. FEINSTEIN), the Sen- hospitals under the medicare program. At the request of Mr. BAUCUS, the ator from Arkansas (Mrs. LINCOLN), the names of the Senator from Michigan S. 2046 Senator from Montana (Mr. BAUCUS), (Mr. LEVIN) and the Senator from Vir- At the request of Mr. FRIST, the the Senator from Nebraska (Mr. ginia (Mr. ROBB) were added as cospon- name of the Senator from Massachu- HAGEL), the Senator from Minnesota sors of S. 1558, a bill to amend the In- setts (Mr. KERRY) was added as a co- (Mr. GRAMS), the Senator from Con- ternal Revenue Code of 1986 to provide sponsor of S. 2046, a bill to reauthorize necticut (Mr. LIEBERMAN), and the Sen- a tax credit for holders of Community the Next Generation Internet Act, and ator from Kansas (Mr. ROBERTS) were Open Space bonds the proceeds of for other purposes. added as cosponsors of S. 2277, a bill to which are used for qualified environ- S. 2068 terminate the application of title IV of mental infrastructure projects, and for At the request of Mr. GREGG, the the Trade Act of 1974 with respect to other purposes. names of the Senator from Nevada (Mr. the People’s Republic of China. S. 1810 REID), the Senator from South Caro- S. 2281 At the request of Mrs. MURRAY, the lina (Mr. THURMOND), and the Senator At the request of Mr. SMITH of New name of the Senator from Georgia (Mr. from Oregon (Mr. SMITH) were added as Hampshire, the names of the Senator CLELAND) was added as a cosponsor of cosponsors of S. 2068, a bill to prohibit from Arkansas (Mr. HUTCHINSON) and S. 1810, a bill to amend title 38, United the Federal Communications Commis- the Senator from Oklahoma (Mr. States Code, to clarify and improve sion from establishing rules author- INHOFE) were added as cosponsors of S. veterans’ claims and appellate proce- izing the operation of new, low power 2281, a bill to name the United States dures. FM radio stations. Army missile range at Kwajalein Atoll S. 1858 S. 2070 in the Marshall Islands for former At the request of Mr. BREAUX, the At the request of Mr. FITZGERALD, President Ronald Reagan. name of the Senator from Maryland the names of the Senator from Indiana S. 2284 (Mr. SARBANES) was added as a cospon- (Mr. BAYH) and the Senator from Ne- At the request of Mr. KENNEDY, the sor of S. 1858, a bill to revitalize the vada (Mr. BRYAN) were added as co- name of the Senator from Maryland

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(Ms. MIKULSKI) was added as a cospon- SECTION 1. SHORT TITLE. territory, or possession of the United States, sor of S. 2284, a bill to amend the Fair This Act may be cited as the ‘‘Flag Protec- or the Commonwealth of Puerto Rico of ju- Labor Standards Act of 1938 to provide tion and Free Speech Act of 1999’’. risdiction over any offense over which it for an increase in the Federal min- SEC. 2. FINDINGS AND PURPOSE. would have jurisdiction in the absence of this section.’’. imum wage. (a) FINDINGS.—Congress finds that— (1) the flag of the United States is a unique (b) CLERICAL AMENDMENT.—The analysis S. CON. RES. 69 symbol of national unity and represents the for chapter 33 of title 18, United States Code, At the request of Ms. SNOWE, the values of liberty, justice, and equality that is amended by striking the item relating to name of the Senator from Alabama make this Nation an example of freedom un- section 700 and inserting the following: (Mr. SESSIONS) was added as a cospon- matched throughout the world; ‘‘700. Incitement; damage or destruction of sor of S. Con. Res. 69, a concurrent res- (2) the Bill of Rights is a guarantee of property involving the flag of those freedoms and should not be amended in the United States.’’. olution requesting that the United a manner that could be interpreted to re- States Postal Service issue a com- strict freedom, a course that is regularly re- memorative postal stamp honoring the sorted to by authoritarian governments HOLLINGS (AND OTHERS) 200th anniversary of the naval shipyard which fear freedom and not by free and AMENDMENT NO. 2890 system. democratic nations; Mr. HOLLINGS (for himself, Mr. (3) abuse of the flag of the United States S. CON. RES. 98 causes more than pain and distress to the SPECTER, and Mr. REID) proposed the At the request of Mr. DEWINE, the overwhelming majority of the American peo- following amendment to the joint reso- names of the Senator from Vermont ple and may amount to fighting words or a lution, S.J. Res. 14, supra; as follows: (Mr. LEAHY), the Senator from Ne- direct threat to the physical and emotional On page 2, line 4, strike beginning with braska (Mr. HAGEL), and the Senator well-being of individuals at whom the threat ‘‘article’’ through line 10 and insert the fol- from Mississippi (Mr. LOTT) were added is targeted; and lowing: ‘‘articles are proposed as amend- as cosponsors of S. Con. Res. 98, a con- (4) destruction of the flag of the United ments to the Constitution of the United current resolution urging compliance States can be intended to incite a violent re- States, either or both of which shall be valid sponse rather than make a political state- with the Hague Convention on the Civil to all intents and purposes as part of the ment and such conduct is outside the protec- Constitution when ratified by the legisla- Aspects of International Child Abduc- tions afforded by the first amendment of the tures of three-fourths of the several States tion. Constitution. within 7 years after the date of submission S. RES. 87 (b) PURPOSE.—The purpose of this Act is to for ratification:’’. At the request of Mr. DURBIN, the provide the maximum protection against the ‘‘ ‘Article — name of the Senator from North Caro- use of the flag of the United States to pro- mote violence while respecting the liberties ‘‘ ‘SECTION 1. Congress shall have power to lina (Mr. EDWARDS) was added as a co- that it symbolizes. set reasonable limits on the amount of con- tributions that may be accepted by, and the sponsor of S. Res. 87, a resolution com- SEC. 3. PROTECTION OF THE FLAG OF THE memorating the 60th Anniversary of UNITED STATES AGAINST USE FOR amount of expenditures that may be made the International Visitors Program. PROMOTING VIOLENCE. by, in support of, or in opposition to, a can- (a) IN GENERAL.—Section 700 of title 18, didate for nomination for election to, or for S. RES. 253 United States Code, is amended to read as election to, Federal office. At the request of Mr. SPECTER, the follows: ‘‘ ‘SECTION 2. A State shall have power to name of the Senator from Montana set reasonable limits on the amount of con- ‘‘§ 700. Incitement; damage or destruction of tributions that may be accepted by, and the (Mr. BAUCUS) was added as a cosponsor property involving the flag of the United amount of expenditures that may be made of S. Res. 253, a resolution to express States by, in support of, or in opposition to, a can- the sense of the Senate that the Fed- ‘‘(a) DEFINITION OF FLAG OF THE UNITED eral investment in biomedical research didate for nomination for election to, or for STATES.—In this section, the term ‘flag of election to, State or local office. should be increased by $2,700,000,000 in the United States’ means any flag of the ‘‘ ‘SECTION 3. Congress shall have power to fiscal year 2001. United States, or any part thereof, made of implement and enforce this article by appro- S. RES. 271 any substance, in any size, in a form that is priate legislation. commonly displayed as a flag and that would At the request of Mr. WELLSTONE, the be taken to be a flag by the reasonable ob- ‘‘‘Article —’’. name of the Senator from Montana server. f (Mr. BAUCUS) was added as a cosponsor ‘‘(b) ACTIONS PROMOTING VIOLENCE.—Any of S. Res. 271, a resolution regarding person who destroys or damages a flag of the AUTHORITY FOR COMMITTEE TO the human rights situation in the Peo- United States with the primary purpose and MEET intent to incite or produce imminent vio- ple’s Republic of China. SPECIAL COMMITTEE ON AGING lence or a breach of the peace, and under cir- f cumstances in which the person knows that Mr. GRAMS. Mr. President, I ask AMENDMENTS SUBMITTED it is reasonably likely to produce imminent unanimous consent that the Special violence or a breach of the peace, shall be Committee on Aging be authorized to fined not more than $100,000, imprisoned not meet on March 27, 2000, from 2 p.m.–4:30 CONSTITUTIONAL AMENDMENT more than 1 year, or both. p.m. in Dirksen 562 for the purpose of PROHIBITING THE DESECRATION ‘‘(c) DAMAGING A FLAG BELONGING TO THE conducting a hearing. UNITED STATES.—Any person who steals or The PRESIDING OFFICER. Without OF THE FLAG knowingly converts to his or her use, or to the use of another, a flag of the United objection, it is so ordered. States belonging to the United States, and f MCCONNELL (AND OTHERS) who intentionally destroys or damages that AMENDMENT NO. 2889 flag, shall be fined not more than 2 years, or PRIVILEGE OF THE FLOOR both. Mr. MCCONNELL (for himself, Mr. Mr. DORGAN. Mr. President, I ask ‘‘(d) DAMAGING A FLAG OF ANOTHER ON FED- BINGAMAN, Mr. BENNETT, Mr. CONRAD, unanimous consent that Theresa ERAL LAND.—Any person who, within any Mullin be allowed floor privileges dur- Mr. DORGAN, Mr. DODD, Mr. TORRICELLI, lands reserved for the use of the United Mr. BYRD, and Mr. LIEBERMAN) pro- States, or under the exclusive or concurrent ing my speech today. posed the following amendment to the jurisdiction of the United States, steals or The PRESIDING OFFICER. Without joint resolution (S.J. Res. 14) proposing knowingly converts to his or her use, or to objection, it is so ordered. an amendment to the Constitution of the use of another, a flag of the United f the United States authorizing Congress States belonging to another person, and who to prohibit the physical desecration of intentionally destroys or damages that flag, CONTINUATION OF FEDERAL shall be fined not more than $250,000, impris- the flag of the United States; as fol- WATER POLLUTION CONTROL oned not more than 2 years, or both. ACT REPORTS lows: ‘‘(e) CONSTRUCTION.—Nothing in this sec- Strike all after the resolving clause and in- tion shall be construed to indicate an intent Mr. SESSIONS. Mr. President, I ask sert the following: on the part of Congress to deprive any State, unanimous consent that the Senate

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.002 S27MR0 3646 CONGRESSIONAL RECORD—SENATE March 27, 2000 now proceed to the consideration of S. 1731 There being no objection, the Senate Calendar No. 324, S. 1730. Be it enacted by the Senate and House of proceeded to consider the resolution. The PRESIDING OFFICER. The Representatives of the United States of America Mr. SESSIONS. Mr. President, I ask clerk will report the title. in Congress assembled, unanimous consent that the resolution The legislative clerk read as follows: SECTION 1. CONTINUATION OF SUBMISSION OF be agreed to, the preamble be agreed CERTAIN ENVIRONMENTAL RE- A bill (S. 1730) to amend the Federal Water PORTS. to, the motion to reconsider be laid Pollution Control Act to provide that cer- (a) ATMOSPHERIC DEPOSITION TO GREAT WA- upon the table, and any statements re- tain environmental reports shall continue to TERS REPORT.—Section 112(m)(5) of the Clean lating to the resolution be printed in be required to be submitted. Air Act (42 U.S.C. 7412(m)(5)) is amended by the RECORD. There being no objection, the Senate striking ‘‘Within’’ and inserting ‘‘Notwith- The PRESIDING OFFICER. Without proceeded to consider the bill. standing section 3003 of Public Law 104–66 (31 objection, it is so ordered. Mr. SESSIONS. Mr. President, I ask U.S.C. 1113 note; 109 Stat. 734), within’’. The resolution (S. Res. 87) was agreed unanimous consent that the bill be (b) EFFECTIVE DATE.—The amendment to. made by this section takes effect on the ear- read the third time and passed, the mo- lier of— The preamble was agreed to. tion to reconsider be laid upon the (1) the date of enactment of this Act; or The resolution, with its preamble, table, and any statements relating to (2) December 19, 1999. reads as follows: the bill be printed in the RECORD. f S. RES. 87 The PRESIDING OFFICER. Without Whereas the year 2000 marks the 60th Anni- objection, it is so ordered. CONTINUATION OF AN ENDAN- versary of the International Visitors Pro- The bill (S. 1730) was read the third GERED SPECIES ACT REPORT gram; time and passed, as follows: Mr. SESSIONS. Mr. President, I ask Whereas the International Visitors Pro- gram is the public diplomacy initiative of S. 1731 unanimous consent that the Senate proceed to the consideration of Cal- the United States Department of State that Be it enacted by the Senate and House of Rep- brings distinguished foreign leaders to the resentatives of the United States of America in endar No. 329, S. 1744. United States for short-term professional Congress assembled, The PRESIDING OFFICER. The programs under the authority of the Mutual SECTION 1. CONTINUATION OF SUBMISSION OF clerk will report the bill by title. Educational and Cultural Exchange Act of CERTAIN ENVIRONMENTAL RE- The legislative clerk read as follows: 1961; PORTS. A bill (S. 1744) to amend the Endangered Whereas the purposes of the International (a) WATER QUALITY INVENTORY.—Section Species Act of 1973 to provide certain species Visitors Program include— 305(b) of the Federal Water Pollution Control conservation reports shall continues to be (1) increasing mutual understanding and Act (33 U.S.C. 1315(b)) is amended— required to be submitted. strengthening bilateral relations between (1) in paragraph (1), by striking ‘‘Each’’ There being no objection, the Senate the United States and other nations; and inserting ‘‘Notwithstanding section 3003 (2) developing the web of human connec- of Public Law 104–66 (31 U.S.C. 1113 note; 109 proceeded to consider the bill. tions essential for successful economic and Stat. 734), each’’; and Mr. SESSIONS. Mr. President, I ask commercial relations, security arrange- (2) in paragraph (2), by striking ‘‘The’’ and unanimous consent that the bill be ments, and diplomatic agreements with inserting ‘‘Notwithstanding section 3003 of read a third time and passed, the mo- other nations; and Public Law 104–66 (31 U.S.C. 1113 note; 109 tion to reconsider be laid upon the (3) building cooperation among nations to Stat. 734), the’’. table, and any statements relating to solve global problems and to achieve a more (b) CLEAN WATER NEEDS SURVEY.—Section the bill be printed in the RECORD. peaceful world; 516 of the Federal Water Pollution Control The PRESIDING OFFICER. Without Whereas during 6 decades more than 122,000 Act (33 U.S.C. 1375) is amended by striking emerging leaders and specialists from around ‘‘The’’ and inserting ‘‘Notwithstanding sec- objection, it is so ordered. the world have experienced American demo- tion 3003 of Public Law 104–66 (31 U.S.C. 1113 The bill (S. 1744) was read the third cratic institutions, cultural diversity, and note; 109 Stat. 734), the’’. time and passed, as follows: core values firsthand as participants in the (c) EFFECTIVE DATE.—The amendments S. 1744 International Visitors Program; made by this section take effect on the ear- Be it enacted by the Senate and House of Whereas thousands of participants in the lier of— Representatives of the United States of America International Visitors Program rise to influ- (1) the date of enactment of this Act; or in Congress assembled, ential leadership positions in their countries (2) December 19, 1999. each year; SECTION 1. CONTINUATION OF SUBMISSION OF Whereas among the International Visitors f CERTAIN SPECIES CONSERVATION REPORTS. Program alumni are 185 current and former Chiefs-of-State or Heads of Government, and CONTINUATION OF A CLEAN AIR (a) ANNUAL COST ANALYSIS.—Section 18 of more than 600 alumni have served as cabinet ACT REPORT the Endangered Species Act of 1973 (16 U.S.C. 1544) is amended by striking ‘‘On’’ and in- level ministers; Mr. SESSIONS. Mr. President, I ask serting ‘‘Notwithstanding section 3003 of Whereas prominent alumni of the Inter- unanimous consent that the Senate Public Law 104–66 (31 U.S.C. 1113 note; 109 national Visitors Program include Margaret proceed to the consideration of Cal- Stat. 734), on’’. Thatcher, Anwar Sadat, F.W. de Klerk, Indira Gandhi, and Tony Blair; endar No. 325, S. 1731. (b) EFFECTIVE DATE.—The amendment made by this section takes effect on the ear- Whereas a new configuration of domestic The PRESIDING OFFICER. The forces has emerged which is shaping global clerk will report the bill by title. lier of— (1) the date of enactment of this Act; or policy and empowering private citizens to an The legislative clerk read as follows: (2) December 19, 1999. unprecedented degree; A bill (S. 1731) to amend the Clean Air Act Whereas each year more than 80,000 volun- f to provide that certain environmental re- teers affiliated with 97 community-based ports shall continue to be required to be sub- COMMEMORATING THE 60TH ANNI- member organizations and 7 program agency mitted. VERSARY OF THE INTER- members of the National Council for Inter- NATIONAL VISITORS PROGRAM national Visitors across the United States There being no objection, the Senate are actively serving as ‘‘citizen diplomats’’ proceeded to consider the bill. Mr. SESSIONS. Mr. President, I ask organizing programs and welcoming Inter- Mr. SESSIONS. Mr. President, I ask unanimous consent that the Senate national Visitors Program participants into unanimous consent that the bill be proceed to the immediate consider- their homes, schools, and workplaces; read a third time and passed, the mo- ation of Calendar No. 442, S. Res. 87. Whereas all of the funds appropriated for tion to reconsider be laid upon the The PRESIDING OFFICER. The the International Visitors Program are spent table, and that any statements relating clerk will report the resolution by in the United States, and such spending leverages private contributions at a ratio of to the bill be printed in the RECORD. title. 1 to 12; The PRESIDING OFFICER. Without The legislative clerk read as follows: Whereas the International Visitors Pro- objection, it is so ordered. A resolution (S. Res. 87) commemorating gram corrects distorted images of the The bill (S. 1731) was read the third the 60th Anniversary of the International United States, effectively countering time and passed, as follows: Visitors Program. misperceptions, underscoring common

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.002 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3647 human aspirations, advancing United States tries (‘‘OPEC’’) produce 40 percent of the (4) to ameliorate the long-term problem of the democratic values, and building a foundation world’s crude oil and control 77 percent of United States dependence on foreign oil sources, for national and economic security; proven reserves, including much of the spare the President should— Whereas the International Visitors Pro- production capacity; (A) review all administrative policies, pro- gram provides valuable educational opportu- Whereas beginning in March 1998, OPEC in- grams, and regulations that put an undue bur- nities for United States citizens through spe- stituted 3 tiers of production cuts, which re- den on domestic energy producers; and cial ‘‘Back to School With International Vis- duced production by 4,300,000 barrels per day (B) consider lifting unnecessary regulations itor’’ programs and events that increase the and have resulted in dramatic increases in that interfere with the ability of United States’ knowledge of Americans about foreign soci- crude oil prices; domestic oil, gas, coal, hydro-electric, biomass, eties and cultures, and bring attention to Whereas in August 1999, crude oil prices and other alternative energy industries to sup- international issues crucial to interests of had reached $21 per barrel and continued ris- ply a greater percentage of the energy needs of the United States; ing, exceeding $25 per barrel by the end of the United States; and Whereas the International Visitors Pro- 1999 and $27 per barrel during the first week (5) to ameliorate the long-term problem of gram offers emerging foreign leaders a of February 2000; United States dependence on foreign oil sources, unique view of America, highlighting its vi- Whereas crude oil prices in the United the Senate should appropriate sufficient funds brant private sector, including both busi- States rose $14 per barrel during 1999, the for the development of domestic energy sources, nesses and nonprofit organizations, through equivalent of 33 cents per gallon; including measures to increase the use of farm stays, home hospitality, and meetings Whereas the increase has translated into biofuels and other renewable resources. with their professional counterparts; and higher prices for gasoline and other refined Whereas the International Visitors Pro- Mr. SESSIONS. Mr. President, I ask petroleum products; in the case of gasoline, gram introduces foreign leaders, specialists, unanimous consent that the committee the increases in crude oil prices have re- and scholars to the American tradition of sulted in a penny-for-penny passthrough of amendment be agreed to. volunteerism through exposure to the daily increases at the pump; The PRESIDING OFFICER. Without work of thousands of ‘‘citizen diplomats’’ objection, it is so ordered. who share the best of America with those Whereas increases in the price of crude oil foreign leaders, specialists, and scholars: result in increases in prices paid by United The committee amendment was Now, therefore, be it States consumers for refined petroleum agreed to. Resolves, That the Senate— products, including home heating oil, gaso- Mr. SESSIONS. Mr. President, I ask (1) commemorates the 60th Anniversary of line, and diesel fuel; and unanimous consent that the resolution, the International Visitors Program and the Whereas increases in the costs of refined as amended, be agreed to, the preamble petroleum products have a negative effect on remarkable public-private sector partnership be agreed to, the motion to reconsider that sustains it; and many Americans, including the elderly and (2) commends the achievements of the individuals of low income (whose home heat- be laid upon the table, and any state- thousands of volunteers who are part of the ing oil costs have doubled in the last year), ments relating to this resolution be National Council for International Visitors families who must pay higher prices at the printed in the RECORD. ‘‘citizen diplomats’’ who for 6 decades have gas station, farmers (already hurt by low The PRESIDING OFFICER. Without daily worked to share the best of America commodity prices, trying to factor increased objection, it is so ordered. with foreign leaders, specialists, and schol- costs into their budgets in preparation for The resolution (S. Res. 263), as ars. the growing season), truckers (who face an amended, was agreed to. almost 10-year high in diesel fuel prices), and f manufacturers and retailers (who must fac- The preamble was agreed to. EXPRESSING SENSE OF THE SEN- tor in increased production and transpor- f ATE REGARDING U.S. POSITION tation costs into the final price of their OF INCREASING WORLD CRUDE goods): Now, therefore, be it MEASURE READ THE FIRST OIL SUPPLIES Resolved, That it is the sense of the Senate TIME—H.R. 2366 that— Mr. SESSIONS. Mr. President, I un- Mr. SESSIONS. Mr. President, I ask (1) the President and Congress should take unanimous consent that the Senate both a short-term and a long-term approach to derstand that H.R. 2366 is at the desk, proceed to the immediate consider- reducing and stabilizing crude oil prices as well and I ask for its first reading. ation of Calendar No. 444, S. Res. 263. as reducing dependence on foreign sources of The PRESIDING OFFICER. The The PRESIDING OFFICER. The energy; clerk will read the title of the bill for clerk will report the resolution by (2) to address the problem in the short-term, the first time. title. the President should communicate to the mem- The legislative clerk read as follows: The legislative clerk read as follows: bers of the Organization of Petroleum Exporting A bill (H.R. 2366) to provide small busi- Countries (‘‘OPEC’’) cartel and non-OPEC nesses certain protections from litigation ex- A resolution (S. Res. 263) expressing the countries that participate in the cartel of crude sense of the Senate that the President cesses and to limit the product liability of oil producing countries, prior to their scheduled nonmanufacturer product sellers. should communicate to the members of the meeting on March 27, 2000, that— Organization of Petroleum Exporting Coun- (A) the United States seeks to maintain strong Mr. SESSIONS. Mr. President, I now tries (‘‘OPEC’’) cartel and non-OPEC coun- relations with crude oil producers around the ask for its second reading and object to tries that participate in the cartel of crude world while promoting international efforts to my own request. oil producing countries, before the meeting remove barriers to energy trade and investment The PRESIDING OFFICER. Under of the OPEC nations in March 2000, the posi- and increased access for United States energy tion of the United States in favor of increas- the rule, the bill will be read for a sec- firms around the world; ond time on the next legislative day. ing world crude oil supplies so as to achieve (B) the United States believes that restricting stable crude oil prices. supply in a market that is in demand of addi- f There being no objection, the Senate tional crude oil does serious damage to the ef- proceeded to consider the resolution, forts that OPEC members have made to dem- CIVIL ASSET FORFEITURE which was reported by the Committee onstrate that they represent a reliable source of REFORM ACT OF 2000 on Foreign Relations, with an amend- crude oil supply; Mr. SESSIONS. Mr. President, I ask ment to strike out all after the resolv- (C) the United States believes that stable unanimous consent that the Senate ing clause and insert the part printed crude oil prices and supplies are essential for now proceed to the consideration of strong economic growth throughout the world; in italic, as follows: and H.R. 1658, reported by the Judiciary S. RES. 263 (D) the United States seeks an immediate in- Committee. Whereas the United States currently im- crease in the OPEC crude oil production quotas The PRESIDING OFFICER. The ports roughly 55 percent of its crude oil; and not simply an agreement at the March 27, clerk will report the bill by title. Whereas ensuring access to and stable 2000, meeting to lift production quotas at a later The legislative clerk read as follows: prices for imported crude oil for the United date; A bill (H.R. 1658) to provide a more just and States and major allies and trading partners (3) the President should be commended for uniform procedure for Federal civil forfeit- of the United States is a continuing critical sending Secretary of Energy Richardson to per- ures, and for other purposes. objective of United States foreign and eco- sonally communicate with leaders of several nomic policy for the foreseeable future; members of the Organization of Petroleum Ex- There being no objection, the Senate Whereas the 11 countries that make up the porting Countries on the need to increase the proceeded to consider the bill, which Organization of Petroleum Exporting Coun- supply of crude oil; had been reported by the Committee on

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.002 S27MR0 3648 CONGRESSIONAL RECORD—SENATE March 27, 2000 the Judiciary with an amendment to turned over to a Federal law enforcement agen- ‘‘(E) Any person may make a claim under sub- strike out all after the enacting clause cy for the purpose of forfeiture under Federal paragraph (A) without posting bond with re- and insert the part printed in italic, as law, notice shall be sent not more than 90 days spect to the property which is the subject of the follows: after the date of seizure by the State or local claim. law enforcement agency. ‘‘(3)(A) Not later than 90 days after a claim H.R. 1658 ‘‘(v) If the identity or interest of a party is not has been filed, the Government shall file a com- Be it enacted by the Senate and House of Rep- determined until after the seizure or turnover plaint for forfeiture in the manner set forth in resentatives of the United States of America in but is determined before a declaration of for- the Supplemental Rules for Certain Admiralty Congress assembled, feiture is entered, notice shall be sent to such in- and Maritime Claims or return the property SECTION 1. SHORT TITLE; TABLE OF CONTENTS. terested party not later than 60 days after the pending the filing of a complaint, except that a (a) SHORT TITLE.—This Act may be cited as determination by the Government of the identity court in the district in which the complaint will the ‘‘Civil Asset Forfeiture Reform Act of 2000’’. of the party or the party’s interest. be filed may extend the period for filing a com- (b) TABLE OF CONTENTS.—The table of con- ‘‘(B) A supervisory official in the head- plaint for good cause shown or upon agreement tents for this Act is as follows: quarters office of the seizing agency may extend of the parties. the period for sending notice under subpara- Sec. 1. Short title; table of contents. ‘‘(B) If the Government does not— graph (A) for a period not to exceed 30 days Sec. 2. Creation of general rules relating to civil ‘‘(i) file a complaint for forfeiture or return forfeiture proceedings. (which period may not be further extended ex- cept by a court), if the official determines that the property, in accordance with subparagraph Sec. 3. Compensation for damage to seized prop- (A); or erty. the conditions in subparagraph (D) are present. ‘‘(ii) before the time for filing a complaint has Sec. 4. Attorney fees, costs, and interest. ‘‘(C) Upon motion by the Government, a court expired— Sec. 5. Seizure warrant requirement. may extend the period for sending notice under Sec. 6. Use of forfeited funds to pay restitution subparagraph (A) for a period not to exceed 60 ‘‘(I) obtain a criminal indictment containing to crime victims. days, which period may be further extended by an allegation that the property is subject to for- Sec. 7. Civil forfeiture of real property. the court for 60-day periods, as necessary, if the feiture; and Sec. 8. Stay of civil forfeiture case. court determines, based on a written certifi- ‘‘(II) take the steps necessary to preserve its Sec. 9. Civil restraining orders. cation of a supervisory official in the head- right to maintain custody of the property as Sec. 10. Cooperation among Federal prosecu- quarters office of the seizing agency, that the provided in the applicable criminal forfeiture tors. conditions in subparagraph (D) are present. statute, Sec. 11. Statute of limitations for civil forfeiture ‘‘(D) The period for sending notice under this the Government shall promptly release the prop- actions. paragraph may be extended only if there is rea- erty pursuant to regulations promulgated by the Sec. 12. Destruction or removal of property to son to believe that notice may have an adverse Attorney General, and may not take any further prevent seizure. result, including— action to effect the civil forfeiture of such prop- Sec. 13. Fungible property in bank accounts. ‘‘(i) endangering the life or physical safety of erty in connection with the underlying offense. Sec. 14. Fugitive disentitlement. an individual; Sec. 15. Enforcement of foreign forfeiture judg- ‘‘(ii) flight from prosecution; ‘‘(C) In lieu of, or in addition to, filing a civil ment. ‘‘(iii) destruction of or tampering with evi- forfeiture complaint, the Government may in- Sec. 16. Encouraging use of criminal forfeiture dence; clude a forfeiture allegation in a criminal in- as an alternative to civil for- ‘‘(iv) intimidation of potential witnesses; or dictment. If criminal forfeiture is the only for- feiture. ‘‘(v) otherwise seriously jeopardizing an inves- feiture proceeding commenced by the Govern- Sec. 17. Access to records in bank secrecy juris- tigation or unduly delaying a trial. ment, the Government’s right to continued pos- ‘‘(E) Each of the Federal seizing agencies con- dictions session of the property shall be governed by the Sec. 18. Application to alien smuggling offenses. ducting nonjudicial forfeitures under this sec- applicable criminal forfeiture statute. Sec. 19. Enhanced visibility of the asset for- tion shall report periodically to the Committees ‘‘(D) No complaint may be dismissed on the feiture program. on the Judiciary of the House of Representatives ground that the Government did not have ade- Sec. 20. Proceeds. and the Senate the number of occasions when quate evidence at the time the complaint was Sec. 21. Effective date. an extension of time is granted under subpara- filed to establish the forfeitability of the prop- graph (B). erty. SEC. 2. CREATION OF GENERAL RULES RELATING ‘‘(F) If the Government does not send notice TO CIVIL FORFEITURE PRO- of a seizure of property in accordance with sub- ‘‘(4)(A) In any case in which the Government CEEDINGS. files in the appropriate United States district (a) IN GENERAL.—Chapter 46 of title 18, paragraph (A) to the person from whom the property was seized, and no extension of time is court a complaint for forfeiture of property, any United States Code, is amended by inserting person claiming an interest in the seized prop- after section 982 the following: granted, the Government shall return the prop- erty to that person without prejudice to the erty may file a claim asserting such person’s in- ‘‘§ 983. General rules for civil forfeiture pro- right of the Government to commence a for- terest in the property in the manner set forth in ceedings feiture proceeding at a later time. The Govern- the Supplemental Rules for Certain Admiralty ‘‘(a) NOTICE; CLAIM; COMPLAINT.— ment shall not be required to return contraband and Maritime Claims, except that such claim ‘‘(1)(A)(i) Except as provided in clauses (ii) or other property that the person from whom the may be filed not later than 30 days after the through (v), in any nonjudicial civil forfeiture property was seized may not legally possess. date of service of the Government’s complaint proceeding under a civil forfeiture statute, with ‘‘(2)(A) Any person claiming property seized or, as applicable, not later than 30 days after respect to which the Government is required to in a nonjudicial civil forfeiture proceeding the date of final publication of notice of the fil- send written notice to interested parties, such under a civil forfeiture statute may file a claim ing of the complaint. notice shall be sent in a manner to achieve prop- with the appropriate official after the seizure. ‘‘(B) A person asserting an interest in seized er notice as soon as practicable, and in no case ‘‘(B) A claim under subparagraph (A) may be property, in accordance with subparagraph (A), more than 60 days after the date of the seizure. filed not later than the deadline set forth in a shall file an answer to the Government’s com- ‘‘(ii) No notice is required if, before the 60-day personal notice letter (which deadline may be plaint for forfeiture not later than 20 days after period expires, the Government files a civil judi- not earlier than 35 days after the date the letter the date of the filing of the claim. cial forfeiture action against the property and is mailed), except that if that letter is not re- ‘‘(b) REPRESENTATION.— provides notice of that action as required by ceived, then a claim may be filed not later than ‘‘(1)(A) If a person with standing to contest law. 30 days after the date of final publication of no- the forfeiture of property in a judicial civil for- ‘‘(iii) If, before the 60-day period expires, the tice of seizure. feiture proceeding under a civil forfeiture stat- Government does not file a civil judicial for- ‘‘(C) A claim shall— ute is financially unable to obtain representa- feiture action, but does obtain a criminal indict- ‘‘(i) identify the specific property being tion by counsel, and the person is represented ment containing an allegation that the property claimed; by counsel appointed under section 3006A of this is subject to forfeiture, the government shall ei- ‘‘(ii) state the claimant’s interest in such title in connection with a related criminal case, ther— property (and provide customary documentary the court may authorize counsel to represent ‘‘(I) send notice within the 60 days and con- evidence of such interest if available) and state that person with respect to the claim. tinue the nonjudicial civil forfeiture proceeding that the claim is not frivolous; and under this section; or ‘‘(iii) be made under oath, subject to penalty ‘‘(B) In determining whether to authorize ‘‘(II) terminate the nonjudicial civil forfeiture of perjury. counsel to represent a person under subpara- proceeding, and take the steps necessary to pre- ‘‘(D) A claim need not be made in any par- graph (A), the court shall take into account serve its right to maintain custody of the prop- ticular form. Each Federal agency conducting such factors as— erty as provided in the applicable criminal for- nonjudicial forfeitures under this section shall ‘‘(i) the person’s standing to contest the for- feiture statute. make claim forms generally available on request, feiture; and ‘‘(iv) In a case in which the property is seized which forms shall be written in easily under- ‘‘(ii) whether the claim appears to be made in by a State or local law enforcement agency and standable language. good faith.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00062 Fmt 0686 Sfmt 6333 E:\BR00\S27MR0.002 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3649 ‘‘(2)(A) If a person with standing to contest ‘‘(ii) did not know and was reasonably with- dice to the right of the Government to commence the forfeiture of property in a judicial civil for- out cause to believe that the property was sub- a subsequent forfeiture proceeding as to the in- feiture proceeding under a civil forfeiture stat- ject to forfeiture. terest of the moving party. ute is financially unable to obtain representa- ‘‘(B) An otherwise valid claim under subpara- ‘‘(B) Any proceeding described in subpara- tion by counsel, and the property subject to for- graph (A) shall not be denied on the ground graph (A) shall be commenced— feiture is real property that is being used by the that the claimant gave nothing of value in ex- ‘‘(i) if nonjudicial, within 60 days of the entry person as a primary residence, the court, at the change for the property if— of the order granting the motion; or request of the person, shall insure that the per- ‘‘(i) the property is the primary residence of ‘‘(ii) if judicial, within 6 months of the entry son is represented by an attorney for the Legal the claimant; of the order granting the motion. Services Corporation with respect to the claim. ‘‘(ii) depriving the claimant of the property ‘‘(3) A motion under paragraph (1) may be ‘‘(B)(i) At appropriate times during a rep- would deprive the claimant of the means to filed not later than 5 years after the date of resentation under subparagraph (A), the Legal maintain reasonable shelter in the community final publication of notice of seizure of the prop- Services Corporation shall submit a statement of for the claimant and all dependents residing erty. reasonable attorney fees and costs to the court. with the claimant; ‘‘(4) If, at the time a motion made under para- ‘‘(ii) The court shall enter a judgment in favor ‘‘(iii) the property is not, and is not traceable graph (1) is granted, the forfeited property has of the Legal Services Corporation for reasonable to, the proceeds of any criminal offense; and been disposed of by the Government in accord- attorney fees and costs submitted pursuant to ‘‘(iv) the claimant acquired his or her interest ance with law, the Government may institute clause (i) and treat such judgment as payable in the property through marriage, divorce, or proceedings against a substitute sum of money under section 2465 of title 28, United States legal separation, or the claimant was the spouse equal to the value of the moving party’s interest Code, regardless of the outcome of the case. or legal dependent of a person whose death re- in the property at the time the property was dis- ‘‘(3) The court shall set the compensation for sulted in the transfer of the property to the posed of. representation under this subsection, which claimant through inheritance or probate; ‘‘(5) A motion filed under this subsection shall shall be equivalent to that provided for court- except that the court shall limit the value of any be the exclusive remedy for seeking to set aside appointed representation under section 3006A of real property interest for which innocent owner- a declaration of forfeiture under a civil for- this title. ship is recognized under this subparagraph to feiture statute. ‘‘(c) BURDEN OF PROOF.—In a suit or action brought under any civil forfeiture statute for the value necessary to maintain reasonable shel- ‘‘(f) RELEASE OF SEIZED PROPERTY.— the civil forfeiture of any property— ter in the community for such claimant and all ‘‘(1) A claimant under subsection (a) is enti- ‘‘(1) the burden of proof is on the Government dependents residing with the claimant. tled to immediate release of seized property if— to establish, by a preponderance of the evidence, ‘‘(4) Notwithstanding any provision of this ‘‘(A) the claimant has a possessory interest in that the property is subject to forfeiture; subsection, no person may assert an ownership the property; ‘‘(2) the Government may use evidence gath- interest under this subsection in contraband or ‘‘(B) the claimant has sufficient ties to the ered after the filing of a complaint for forfeiture other property that it is illegal to possess. community to provide assurance that the prop- to establish, by a preponderance of the evidence, ‘‘(5) If the court determines, in accordance erty will be available at the time of the trial; that property is subject to forfeiture; and with this section, that an innocent owner has a ‘‘(C) the continued possession by the Govern- ‘‘(3) if the Government’s theory of forfeiture is partial interest in property otherwise subject to ment pending the final disposition of forfeiture that the property was used to commit or facili- forfeiture, or a joint tenancy or tenancy by the proceedings will cause substantial hardship to tate the commission of a criminal offense, or was entirety in such property, the court may enter the claimant, such as preventing the func- involved in the commission of a criminal offense, an appropriate order— tioning of a business, preventing an individual the Government shall establish that there was a ‘‘(A) severing the property; from working, or leaving an individual home- substantial connection between the property ‘‘(B) transferring the property to the Govern- less; and the offense. ment with a provision that the Government com- ‘‘(D) the claimant’s likely hardship from the ‘‘(d) INNOCENT OWNER DEFENSE.— pensate the innocent owner to the extent of his continued possession by the Government of the ‘‘(1) An innocent owner’s interest in property or her ownership interest once a final order of seized property outweighs the risk that the shall not be forfeited under any civil forfeiture forfeiture has been entered and the property has property will be destroyed, damaged, lost, con- statute. The claimant shall have the burden of been reduced to liquid assets; or cealed, or transferred if it is returned to the proving that the claimant is an innocent owner ‘‘(C) permitting the innocent owner to retain claimant during the pendency of the proceeding; by a preponderance of the evidence. the property subject to a lien in favor of the and ‘‘(2)(A) With respect to a property interest in Government to the extent of the forfeitable in- ‘‘(E) none of the conditions set forth in para- existence at the time the illegal conduct giving terest in the property. graph (8) applies. rise to forfeiture took place, the term ‘innocent ‘‘(6) In this subsection, the term ‘owner’— ‘‘(2) A claimant seeking release of property owner’ means an owner who— ‘‘(A) means a person with an ownership inter- under this subsection must request possession of ‘‘(i) did not know of the conduct giving rise to est in the specific property sought to be for- the property from the appropriate official, and forfeiture; or feited, including a leasehold, lien, mortgage, re- the request must set forth the basis on which the ‘‘(ii) upon learning of the conduct giving rise corded security interest, or valid assignment of requirements of paragraph (1) are met. to the forfeiture, did all that reasonably could an ownership interest; and ‘‘(3)(A) If not later than 15 days after the date be expected under the circumstances to termi- ‘‘(B) does not include— of a request under paragraph (2) the property nate such use of the property. ‘‘(i) a person with only a general unsecured has not been released, the claimant may file a ‘‘(B)(i) For the purposes of this paragraph, interest in, or claim against, the property or es- petition in the district court in which the com- ways in which a person may show that such tate of another; plaint has been filed or, if no complaint has person did all that reasonably could be expected ‘‘(ii) a bailee unless the bailor is identified been filed, in the district court in which the sei- may include demonstrating that such person, to and the bailee shows a colorable legitimate in- zure warrant was issued or in the district court the extent permitted by law— ‘‘(I) gave timely notice to an appropriate law terest in the property seized; or for the district in which the property was seized. enforcement agency of information that led the ‘‘(iii) a nominee who exercises no dominion or ‘‘(B) The petition described in subparagraph person to know the conduct giving rise to a for- control over the property. (A) shall set forth— feiture would occur or has occurred; and ‘‘(e) MOTION TO SET ASIDE FORFEITURE.— ‘‘(i) the basis on which the requirements of ‘‘(II) in a timely fashion revoked or made a ‘‘(1) Any person entitled to written notice in paragraph (1) are met; and good faith attempt to revoke permission for any nonjudicial civil forfeiture proceeding ‘‘(ii) the steps the claimant has taken to se- those engaging in such conduct to use the prop- under a civil forfeiture statute who does not re- cure release of the property from the appro- erty or took reasonable actions in consultation ceive such notice may file a motion to set aside priate official. with a law enforcement agency to discourage or a declaration of forfeiture with respect to that ‘‘(4) If the Government establishes that the prevent the illegal use of the property. person’s interest in the property, which motion claimant’s claim is frivolous, the court shall ‘‘(ii) A person is not required by this subpara- shall be granted if— deny the petition. In responding to a petition graph to take steps that the person reasonably ‘‘(A) the Government knew, or reasonably under this subsection on other grounds, the believes would be likely to subject any person should have known, of the moving party’s inter- Government may in appropriate cases submit (other than the person whose conduct gave rise est and failed to take reasonable steps to provide evidence ex parte in order to avoid disclosing to the forfeiture) to physical danger. such party with notice; and any matter that may adversely affect an ongo- ‘‘(3)(A) With respect to a property interest ac- ‘‘(B) the moving party did not know or have ing criminal investigation or pending criminal quired after the conduct giving rise to the for- reason to know of the seizure within sufficient trial. feiture has taken place, the term ‘innocent time to file a timely claim. ‘‘(5) The court shall render a decision on a pe- owner’ means a person who, at the time that ‘‘(2)(A) Notwithstanding the expiration of any tition filed under paragraph (3) not later than person acquired the interest in the property— applicable statute of limitations, if the court 30 days after the date of the filing, unless such ‘‘(i) was a bona fide purchaser or seller for grants a motion under paragraph (1), the court 30-day limitation is extended by consent of the value (including a purchaser or seller of goods shall set aside the declaration of forfeiture as to parties or by the court for good cause shown. or services for value); and the interest of the moving party without preju- ‘‘(6) If—

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‘‘(A) a petition is filed under paragraph (3); ‘‘(1) means any provision of Federal law pro- (b) DEPARTMENT OF JUSTICE.— and viding for the forfeiture of property other than (1) IN GENERAL.—With respect to a claim that ‘‘(B) the claimant demonstrates that the re- as a sentence imposed upon conviction of a cannot be settled under chapter 171 of title 28, quirements of paragraph (1) have been met; criminal offense; and United States Code, the Attorney General may the district court shall order that the property ‘‘(2) does not include— settle, for not more than $50,000 in any case, a be returned to the claimant, pending completion ‘‘(A) the Tariff Act of 1930 or any other provi- claim for damage to, or loss of, privately owned of proceedings by the Government to obtain for- sion of law codified in title 19; property caused by an investigative or law en- feiture of the property. ‘‘(B) the Internal Revenue Code of 1986; forcement officer (as defined in section 2680(h) ‘‘(C) the Federal Food, Drug, and Cosmetic ‘‘(7) If the court grants a petition under para- of title 28, United States Code) who is employed Act (21 U.S.C. 301 et seq.); graph (3)— by the Department of Justice acting within the ‘‘(D) the Trading with the Enemy Act (50 ‘‘(A) the court may enter any order necessary scope of his or her employment. U.S.C. App. 1 et seq.); or (2) LIMITATIONS.—The Attorney General may to ensure that the value of the property is main- ‘‘(E) section 1 of title VI of the Act of June 15, tained while the forfeiture action is pending, in- not pay a claim under paragraph (1) that— 1917 (40 Stat. 233; 22 U.S.C. 401).’’. (A) is presented to the Attorney General more cluding— (b) TECHNICAL AND CONFORMING AMEND- ‘‘(i) permitting the inspection, photographing, than 1 year after it accrues; or MENT.—The analysis for chapter 46 of title 18, (B) is presented by an officer or employee of and inventory of the property; United States Code, is amended by inserting ‘‘(ii) fixing a bond in accordance with rule the Federal Government and arose within the after the item relating to section 982 the fol- scope of employment. E(5) of the Supplemental Rules for Certain Ad- lowing: miralty and Maritime Claims; and SEC. 4. ATTORNEY FEES, COSTS, AND INTEREST. ‘‘(iii) requiring the claimant to obtain or ‘‘983. General rules for civil forfeiture pro- (a) IN GENERAL.—Section 2465 of title 28, maintain insurance on the subject property; and ceedings.’’. United States Code, is amended to read as fol- ‘‘(B) the Government may place a lien against (c) STRIKING SUPERSEDED PROVISIONS.— lows: the property or file a lis pendens to ensure that (1) CIVIL FORFEITURE.—Section 981(a) of title ‘‘§ 2465. Return of property to claimant; liabil- the property is not transferred to another per- 18, United States Code, is amended— ity for wrongful seizure; attorney fees, costs, son. (A) in paragraph (1), by striking ‘‘Except as and interest ‘‘(8) This subsection shall not apply if the provided in paragraph (2), the’’ and inserting ‘‘The’’; and ‘‘(a) Upon the entry of a judgment for the seized property— claimant in any proceeding to condemn or for- ‘‘(A) is contraband, currency, or other mone- (B) by striking paragraph (2). (2) DRUG FORFEITURES.—Paragraphs (4), (6) feit property seized or arrested under any provi- tary instrument, or electronic funds unless such and (7) of section 511(a) of the Controlled Sub- sion of Federal law— currency or other monetary instrument or elec- stances Act (21 U.S.C. 881(a) (4), (6) and (7)) are ‘‘(1) such property shall be returned forthwith tronic funds constitutes the assets of a legiti- each amended by striking ‘‘, except that’’ and to the claimant or his agent; and mate business which has been seized; ‘‘(2) if it appears that there was reasonable ‘‘(B) is to be used as evidence of a violation of all that follows before the period at the end. (3) AUTOMOBILES.—Section 518 of the Con- cause for the seizure or arrest, the court shall the law; trolled Substances Act (21 U.S.C. 888) is re- cause a proper certificate thereof to be entered ‘‘(C) by reason of design or other char- pealed. and, in such case, neither the person who made acteristic, is particularly suited for use in illegal (4) FORFEITURES IN CONNECTION WITH SEXUAL the seizure or arrest nor the prosecutor shall be activities; or EXPLOITATION OF CHILDREN.—Paragraphs (2) liable to suit or judgment on account of such ‘‘(D) is likely to be used to commit additional and (3) of section 2254(a) of title 18, United suit or prosecution, nor shall the claimant be criminal acts if returned to the claimant. States Code, are each amended by striking ‘‘, ex- entitled to costs, except as provided in sub- ‘‘(g) PROPORTIONALITY.— cept that’’ and all that follows before the period section (b). ‘‘(1) The claimant under subsection (a)(4) may at the end. ‘‘(b)(1) Except as provided in paragraph (2), petition the court to determine whether the for- (d) LEGAL SERVICES CORPORATION REPRESEN- in any civil proceeding to forfeit property under feiture was constitutionally excessive. TATION.—Section 1007(a) of the Legal Services any provision of Federal law in which the ‘‘(2) In making this determination, the court Corporation Act (42 U.S.C. 2996f(a)) is amend- claimant substantially prevails, the United shall compare the forfeiture to the gravity of the ed— States shall be liable for— offense giving rise to the forfeiture. (1) in paragraph (9), by striking ‘‘and’’ after ‘‘(A) reasonable attorney fees and other litiga- ‘‘(3) The claimant shall have the burden of es- the semicolon; tion costs reasonably incurred by the claimant; tablishing that the forfeiture is grossly dis- (2) In paragraph (10), by striking the period ‘‘(B) post-judgment interest, as set forth in proportional by a preponderance of the evidence and inserting ‘‘; and’’; and section 1961 of this title; and at a hearing conducted by the court without a (3) by adding at the end the following: ‘‘(C) in cases involving currency, other nego- jury. ‘‘(11) ensure that an indigent individual tiable instruments, or the proceeds of an inter- ‘‘(4) If the court finds that the forfeiture is whose primary residence is subject to civil for- locutory sale— grossly disproportional to the offense it shall re- feiture is represented by an attorney for the ‘‘(i) interest actually paid to the United States duce or eliminate the forfeiture as necessary to Corporation in such civil action.’’ from the date of seizure or arrest of the property avoid a violation of the Excessive Fines Clause SEC. 3. COMPENSATION FOR DAMAGE TO SEIZED that resulted from the investment of the prop- of the Eighth Amendment of the Constitution. PROPERTY. erty in an interest-bearing account or instru- ‘‘(h) CIVIL FINE.— (a) TORT CLAIMS ACT.—Section 2680(c) of title ment; and ‘‘(1) In any civil forfeiture proceeding under a 28, United States Code, is amended— ‘‘(ii) an imputed amount of interest that such civil forfeiture statute in which the Government (1) by striking ‘‘any goods or merchandise’’ currency, instruments, or proceeds would have prevails, if the court finds that the claimant’s and inserting ‘‘any goods, merchandise, or other earned at the rate applicable to the 30-day assertion of an interest in the property was friv- property’’; Treasury Bill, for any period during which no olous, the court may impose a civil fine on the (2) by striking ‘‘law-enforcement’’ and insert- interest was paid (not including any period claimant of an amount equal to 10 percent of ing ‘‘law enforcement’’; and when the property reasonably was in use as evi- the value of the forfeited property, but in no (3) by inserting before the period at the end dence in an official proceeding or in conducting event shall the fine be less than $250 or greater the following: ‘‘, except that the provisions of scientific tests for the purpose of collecting evi- than $5,000. this chapter and section 1346(b) of this title dence), commencing 15 days after the property ‘‘(2) Any civil fine imposed under this sub- apply to any claim based on injury or loss of was seized by a Federal law enforcement agen- section shall not preclude the court from impos- goods, merchandise, or other property, while in cy, or was turned over to a Federal law enforce- ing sanctions under rule 11 of the Federal Rules the possession of any officer of customs or excise ment agency by a State or local law enforcement of Civil Procedure. or any other law enforcement officer, if— agency. ‘‘(3) In addition to the limitations of section ‘‘(1) the property was seized for the purpose of ‘‘(2)(A) The United States shall not be re- 1915 of title 28, United States Code, in no event forfeiture under any provision of Federal law quired to disgorge the value of any intangible shall a prisoner file a claim under a civil for- providing for the forfeiture of property other benefits nor make any other payments to the feiture statute or appeal a judgment in a civil than as a sentence imposed upon conviction of claimant not specifically authorized by this sub- action or proceeding based on a civil forfeiture a criminal offense; section. statute if the prisoner has, on 3 or more prior ‘‘(2) the interest of the claimant was not for- ‘‘(B) The provisions of paragraph (1) shall not occasions, while incarcerated or detained in any feited; apply if the claimant is convicted of a crime for facility, brought an action or appeal in a court ‘‘(3) the interest of the claimant was not re- which the interest of the claimant in the prop- of the United States that was dismissed on the mitted or mitigated (if the property was subject erty was subject to forfeiture under a Federal grounds that it is frivolous or malicious, unless to forfeiture); and criminal forfeiture law. the prisoner shows extraordinary and excep- ‘‘(4) the claimant was not convicted of a crime ‘‘(C) If there are multiple claims to the same tional circumstances. for which the interest of the claimant in the property, the United States shall not be liable ‘‘(i) CIVIL FORFEITURE STATUTE DEFINED.—In property was subject to forfeiture under a Fed- for costs and attorneys fees associated with any this section, the term ‘civil forfeiture statute’— eral criminal forfeiture law.’’. such claim if the United States—

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00064 Fmt 0686 Sfmt 6333 E:\BR00\S27MR0.002 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3651 ‘‘(i) promptly recognizes such claim; the foreign charges and the basis for belief that ‘‘(ii) makes an ex parte determination that ‘‘(ii) promptly returns the interest of the the person arrested or charged has property in there is probable cause for the forfeiture and claimant in the property to the claimant, if the the United States that would be subject to for- that there are exigent circumstances that permit property can be divided without difficulty and feiture, and shall contain a statement that the the Government to seize the property without there are no competing claims to that portion of restraining order is needed to preserve the avail- prior notice and an opportunity for the property the property; ability of property for such time as is necessary owner to be heard. ‘‘(iii) does not cause the claimant to incur ad- to receive evidence from the foreign country or ‘‘(2) For purposes of paragraph (1)(B)(ii), to ditional, reasonable costs or fees; and elsewhere in support of probable cause for the establish exigent circumstances, the Government ‘‘(iv) prevails in obtaining forfeiture with re- seizure of the property under this subsection.’’. shall show that less restrictive measures such as spect to one or more of the other claims. (b) DRUG FORFEITURES.—Section 511(b) of the a lis pendens, restraining order, or bond would ‘‘(D) If the court enters judgment in part for Controlled Substances Act (21 U.S.C. 881(b)) is not suffice to protect the Government’s interests the claimant and in part for the Government, amended to read as follows: in preventing the sale, destruction, or continued the court shall reduce the award of costs and ‘‘(b) SEIZURE PROCEDURES.—Any property unlawful use of the real property. attorney fees accordingly.’’. subject to forfeiture to the United States under ‘‘(e) If the court authorizes a seizure of real (b) TECHNICAL AND CONFORMING AMEND- this section may be seized by the Attorney Gen- property under subsection (d)(1)(B)(ii), it shall MENT.—The analysis for chapter 163 of title 28, eral in the manner set forth in section 981(b) of conduct a prompt post-seizure hearing during United States Code, is amended by striking the title 18, United States Code.’’. which the property owner shall have an oppor- item relating to section 2465 and inserting fol- SEC. 6. USE OF FORFEITED FUNDS TO PAY RES- tunity to contest the basis for the seizure. lowing: TITUTION TO CRIME VICTIMS. ‘‘(f) This section— ‘‘2465. Return of property to claimant; liability Section 981(e) of title 18, United States Code, ‘‘(1) applies only to civil forfeitures of real for wrongful seizure; attorney is amended by striking paragraph (6) and insert- property and interests in real property; fees, costs, and interest.’’. ing the following: ‘‘(2) does not apply to forfeitures of the pro- SEC. 5. SEIZURE WARRANT REQUIREMENT. ‘‘(6) as restoration to any victim of the offense ceeds of the sale of such property or interests, or (a) IN GENERAL.—Section 981(b) of title 18, giving rise to the forfeiture, including, in the of money or other assets intended to be used to United States Code, is amended to read as fol- case of a money laundering offense, any offense acquire such property or interests; and lows: constituting the underlying specified unlawful ‘‘(3) shall not affect the authority of the court ‘‘(b)(1) Except as provided in section 985, any activity; or’’. to enter a restraining order relating to real property.’’. property subject to forfeiture to the United SEC. 7. CIVIL FORFEITURE OF REAL PROPERTY. (b) TECHNICAL AND CONFORMING AMEND- States under subsection (a) may be seized by the (a) IN GENERAL.—Chapter 46 of title 18, Attorney General and, in the case of property MENT.—The analysis for chapter 46 of title 18, United States Code, is amended by inserting United States Code, is amended by inserting involved in a violation investigated by the Sec- after section 984 the following: retary of the Treasury or the United States after the item relating to section 984 the fol- ‘‘§ 985. Civil forfeiture of real property Postal Service, the property may also be seized lowing: by the Secretary of the Treasury or the Postal ‘‘(a) Notwithstanding any other provision of ‘‘985. Civil forfeiture of real property.’’. Service, respectively. law, all civil forfeitures of real property and in- SEC. 8. STAY OF CIVIL FORFEITURE CASE. ‘‘(2) Seizures pursuant to this section shall be terests in real property shall proceed as judicial (a) IN GENERAL.—Section 981(g) of title 18, made pursuant to a warrant obtained in the forfeitures. United States Code, is amended to read as fol- same manner as provided for a search warrant ‘‘(b)(1) Except as provided in this section— lows: under the Federal Rules of Criminal Procedure, ‘‘(A) real property that is the subject of a civil ‘‘(g)(1) Upon the motion of the United States, except that a seizure may be made without a forfeiture action shall not be seized before entry the court shall stay the civil forfeiture pro- warrant if— of an order of forfeiture; and ceeding if the court determines that civil dis- ‘‘(A) a complaint for forfeiture has been filed ‘‘(B) the owners or occupants of the real prop- covery will adversely affect the ability of the in the United States district court and the court erty shall not be evicted from, or otherwise de- Government to conduct a related criminal inves- issued an arrest warrant in rem pursuant to the prived of the use and enjoyment of, real prop- tigation or the prosecution of a related criminal Supplemental Rules for Certain Admiralty and erty that is the subject of a pending forfeiture case. Maritime Claims; action. ‘‘(2) Upon the motion of a claimant, the court ‘‘(B) there is probable cause to believe that the ‘‘(2) The filing of a lis pendens and the execu- shall stay the civil forfeiture proceeding with re- property is subject to forfeiture and— tion of a writ of entry for the purpose of con- spect to that claimant if the court determines ‘‘(i) the seizure is made pursuant to a lawful ducting an inspection and inventory of the that— arrest or search; or property shall not be considered a seizure under ‘‘(A) the claimant is the subject of a related ‘‘(ii) another exception to the Fourth Amend- this subsection. criminal investigation or case; ment warrant requirement would apply; or ‘‘(c)(1) The Government shall initiate a civil ‘‘(B) the claimant has standing to assert a ‘‘(C) the property was lawfully seized by a forfeiture action against real property by— claim in the civil forfeiture proceeding; and State or local law enforcement agency and ‘‘(A) filing a complaint for forfeiture; ‘‘(C) continuation of the forfeiture proceeding transferred to a Federal agency. ‘‘(B) posting a notice of the complaint on the will burden the right of the claimant against ‘‘(3) Notwithstanding the provisions of rule property; and self-incrimination in the related investigation or 41(a) of the Federal Rules of Criminal Proce- ‘‘(C) serving notice on the property owner, case. dure, a seizure warrant may be issued pursuant along with a copy of the complaint. ‘‘(3) With respect to the impact of civil dis- to this subsection by a judicial officer in any ‘‘(2) If the property owner cannot be served covery described in paragraphs (1) and (2), the district in which a forfeiture action against the with the notice under paragraph (1) because the court may determine that a stay is unnecessary property may be filed under section 1355(b) of owner— if a protective order limiting discovery would title 28, and may be executed in any district in ‘‘(A) is a fugitive; protect the interest of 1 party without unfairly which the property is found, or transmitted to ‘‘(B) resides outside the United States and ef- limiting the ability of the opposing party to pur- the central authority of any foreign state for forts at service pursuant to rule 4 of the Federal sue the civil case. In no case, however, shall the service in accordance with any treaty or other Rules of Civil Procedure are unavailing; or court impose a protective order as an alternative international agreement. Any motion for the re- ‘‘(C) cannot be located despite the exercise of to a stay if the effect of such protective order turn of property seized under this section shall due diligence, would be to allow 1 party to pursue discovery be filed in the district court in which the seizure constructive service may be made in accordance while the other party is substantially unable to warrant was issued or in the district court for with the laws of the State in which the property do so. the district in which the property was seized. is located. ‘‘(4) In this subsection, the terms ‘related ‘‘(4)(A) If any person is arrested or charged in ‘‘(3) If real property has been posted in ac- criminal case’ and ‘related criminal investiga- a foreign country in connection with an offense cordance with this subsection, it shall not be tion’ mean an actual prosecution or investiga- that would give rise to the forfeiture of property necessary for the court to issue an arrest war- tion in progress at the time at which the request in the United States under this section or under rant in rem, or to take any other action to es- for the stay, or any subsequent motion to lift the the Controlled Substances Act, the Attorney tablish in rem jurisdiction over the property. stay is made. In determining whether a criminal General may apply to any Federal judge or ‘‘(d)(1) Real property may be seized prior to case or investigation is ‘related’ to a civil for- magistrate judge in the district in which the the entry of an order of forfeiture if— feiture proceeding, the court shall consider the property is located for an ex parte order re- ‘‘(A) the Government notifies the court that it degree of similarity between the parties, wit- straining the property subject to forfeiture for intends to seize the property before trial; and nesses, facts, and circumstances involved in the not more than 30 days, except that the time may ‘‘(B) the court— 2 proceedings, without requiring an identity be extended for good cause shown at a hearing ‘‘(i) issues a notice of application for warrant, with respect to any 1 or more factors. conducted in the manner provided in rule 43(e) causes the notice to be served on the property ‘‘(5) In requesting a stay under paragraph (1), of the Federal Rules of Civil Procedure. owner and posted on the property, and conducts the Government may, in appropriate cases, sub- ‘‘(B) The application for the restraining order a hearing in which the property owner has a mit evidence ex parte in order to avoid dis- shall set forth the nature and circumstances of meaningful opportunity to be heard; or closing any matter that may adversely affect an

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00065 Fmt 0686 Sfmt 6333 E:\BR00\S27MR0.002 S27MR0 3652 CONGRESSIONAL RECORD—SENATE March 27, 2000 ongoing criminal investigation or pending crimi- (1) by striking ‘‘civil forfeiture under section institution in an interbank account unless the nal trial. 981 of title 18, United States Code, of property account holder knowingly engaged in the of- ‘‘(6) Whenever a civil forfeiture proceeding is described in section 981(a)(1)(C) of such title’’ fense that is the basis for the forfeiture.’’; and stayed pursuant to this subsection, the court and inserting ‘‘any civil forfeiture provision of (B) in paragraph (2), by striking ‘‘(2) As used shall enter any order necessary to preserve the Federal law’’; and in this section, the term’’ and inserting the fol- value of the property or to protect the rights of (2) by striking ‘‘concerning a banking law vio- lowing: lienholders or other persons with an interest in lation’’. ‘‘(2) In this subsection— the property while the stay is in effect. SEC. 11. STATUTE OF LIMITATIONS FOR CIVIL ‘‘(A) the term ‘financial institution’ includes a ‘‘(7) A determination by the court that the FORFEITURE ACTIONS. foreign bank (as defined in section 1(b)(7) of the claimant has standing to request a stay pursu- Section 621 of the Tariff Act of 1930 (19 U.S.C. International Banking Act of 1978 (12 U.S.C. ant to paragraph (2) shall apply only to this 1621) is amended by inserting ‘‘, or in the case 3101(b)(7))); and subsection and shall not preclude the Govern- of forfeiture, within 2 years after the time when ‘‘(B) the term’’; and ment from objecting to the standing of the the involvement of the property in the alleged (4) by adding at the end the following: claimant by dispositive motion or at the time of offense was discovered, whichever was later’’ ‘‘(d) Nothing in this section may be construed trial.’’. after ‘‘within five years after the time when the to limit the ability of the Government to forfeit (b) DRUG FORFEITURES.—Section 511(i) of the alleged offense was discovered’’. Controlled Substances Act (21 U.S.C. 881(i)) is property under any provision of law if the prop- amended to read as follows: SEC. 12. DESTRUCTION OR REMOVAL OF PROP- erty involved in the offense giving rise to the ‘‘(i) The provisions of section 981(g) of title 18, ERTY TO PREVENT SEIZURE. forfeiture or property traceable thereto is avail- United States Code, regarding the stay of a civil Section 2232 of title 18, United States Code, is able for forfeiture.’’. forfeiture proceeding shall apply to forfeitures amended— SEC. 14. FUGITIVE DISENTITLEMENT. under this section.’’. (1) by striking subsections (a) and (b); (a) IN GENERAL.—Chapter 163 of title 28, SEC. 9. CIVIL RESTRAINING ORDERS. (2) by inserting ‘‘(e) FOREIGN INTELLIGENCE United States Code, is amended by adding at the Section 983 of title 18, United States Code, as SURVEILLANCE.—’’ before ‘‘Whoever, having end the following: knowledge that a Federal officer’’; added by this Act, is amended by adding at the ‘‘§ 2466. Fugitive disentitlement end the following: (3) by redesignating subsection (c) as sub- ‘‘A judicial officer may disallow a person from ‘‘(j) RESTRAINING ORDERS; PROTECTIVE OR- section (d); and using the resources of the courts of the United DERS.— (4) by inserting before subsection (d), as redes- ‘‘(1) Upon application of the United States, ignated, the following: States in furtherance of a claim in any related the court may enter a restraining order or in- ‘‘(a) DESTRUCTION OR REMOVAL OF PROPERTY civil forfeiture action or a claim in third party junction, require the execution of satisfactory TO PREVENT SEIZURE.—Whoever, before, during, proceedings in any related criminal forfeiture performance bonds, create receiverships, appoint or after any search for or seizure of property by action upon a finding that such person— conservators, custodians, appraisers, account- any person authorized to make such search or ‘‘(1) after notice or knowledge of the fact that ants, or trustees, or take any other action to seizure, knowingly destroys, damages, wastes, a warrant or process has been issued for his ap- seize, secure, maintain, or preserve the avail- disposes of, transfers, or otherwise takes any ac- prehension, in order to avoid criminal prosecu- ability of property subject to civil forfeiture— tion, or knowingly attempts to destroy, damage, tion— ‘‘(A) upon the filing of a civil forfeiture com- waste, dispose of, transfer, or otherwise take ‘‘(A) purposely leaves the jurisdiction of the plaint alleging that the property with respect to any action, for the purpose of preventing or im- United States; which the order is sought is subject to civil for- pairing the Government’s lawful authority to ‘‘(B) declines to enter or reenter the United feiture; or take such property into its custody or control or States to submit to its jurisdiction; or ‘‘(B) prior to the filing of such a complaint, if, to continue holding such property under its ‘‘(C) otherwise evades the jurisdiction of the after notice to persons appearing to have an in- lawful custody and control, shall be fined under court in which a criminal case is pending terest in the property and opportunity for a this title or imprisoned not more than 5 years, or against the person; and hearing, the court determines that— both. ‘‘(2) is not confined or held in custody in any ‘‘(i) there is a substantial probability that the ‘‘(b) IMPAIRMENT OF IN REM JURISDICTION.— other jurisdiction for commission of criminal United States will prevail on the issue of for- Whoever, knowing that property is subject to conduct in that jurisdiction.’’. feiture and that failure to enter the order will the in rem jurisdiction of a United States court (b) CONFORMING AMENDMENT.—The analysis result in the property being destroyed, removed for purposes of civil forfeiture under Federal for chapter 163 of title 28, United States Code, is from the jurisdiction of the court, or otherwise law, knowingly and without authority from amended by adding at the end the following: made unavailable for forfeiture; and that court, destroys, damages, wastes, disposes ‘‘2466. Fugitive disentitlement.’’. ‘‘(ii) the need to preserve the availability of of, transfers, or otherwise takes any action, or the property through the entry of the requested (c) EFFECTIVE DATE.—The amendments made knowingly attempts to destroy, damage, waste, by this section shall apply to any case pending order outweighs the hardship on any party dispose of, transfer, or otherwise take any ac- against whom the order is to be entered. on or after the date of enactment of this Act. tion, for the purpose of impairing or defeating ‘‘(2) An order entered pursuant to paragraph SEC. 15. ENFORCEMENT OF FOREIGN FOR- the court’s continuing in rem jurisdiction over (1)(B) shall be effective for not more than 90 FEITURE JUDGMENT. the property, shall be fined under this title or days, unless extended by the court for good (a) IN GENERAL.—Chapter 163 of title 28, cause shown, or unless a complaint described in imprisoned not more than 5 years, or both. United States Code, is amended by adding at the paragraph (1)(A) has been filed. ‘‘(c) NOTICE OF SEARCH OR EXECUTION OF SEI- end the following: ZURE WARRANT OR WARRANT OF ARREST IN ‘‘(3) A temporary restraining order under this ‘‘§ 2467. Enforcement of foreign judgment subsection may be entered upon application of REM.—Whoever, having knowledge that any the United States without notice or opportunity person authorized to make searches and sei- ‘‘(a) DEFINITIONS.—In this section— for a hearing when a complaint has not yet been zures, or to execute a seizure warrant or war- ‘‘(1) the term ‘foreign nation’ means a country filed with respect to the property, if the United rant of arrest in rem, in order to prevent the au- that has become a party to the United Nations States demonstrates that there is probable cause thorized seizing or securing of any person or Convention Against Illicit Traffic in Narcotic to believe that the property with respect to property, gives notice or attempts to give notice Drugs and Psychotropic Substances (referred to which the order is sought is subject to civil for- in advance of the search, seizure, or execution in this section as the ‘United Nations Conven- feiture and that provision of notice will jeop- of a seizure warrant or warrant of arrest in rem, tion’) or a foreign jurisdiction with which the ardize the availability of the property for for- to any person shall be fined under this title or United States has a treaty or other formal inter- feiture. Such a temporary order shall expire not imprisoned not more than 5 years, or both.’’. national agreement in effect providing for mu- more than 10 days after the date on which it is SEC. 13. FUNGIBLE PROPERTY IN BANK AC- tual forfeiture assistance; and entered, unless extended for good cause shown COUNTS. ‘‘(2) the term ‘forfeiture or confiscation judg- or unless the party against whom it is entered (a) IN GENERAL.—Section 984 of title 18, ment’ means a final order of a foreign nation consents to an extension for a longer period. A United States Code, is amended— compelling a person or entity— hearing requested concerning an order entered (1) by striking subsection (a) and redesig- ‘‘(A) to pay a sum of money representing the under this paragraph shall be held at the ear- nating subsections (b), (c), and (d) as sub- proceeds of an offense described in Article 3, liest possible time and prior to the expiration of sections (a), (b), and (c), respectively; Paragraph 1, of the United Nations Convention, the temporary order. (2) in subsection (a), as redesignated— or any foreign offense described in section ‘‘(4) The court may receive and consider, at a (A) by striking ‘‘or other fungible property’’ 1956(c)(7)(B) of title 18, or property the value of hearing held pursuant to this subsection, evi- and inserting ‘‘or precious metals’’; and which corresponds to such proceeds; or dence and information that would be inadmis- (B) in paragraph (2), by striking ‘‘subsection ‘‘(B) to forfeit property involved in or trace- sible under the Federal Rules of Evidence.’’. (c)’’ and inserting ‘‘subsection (b)’’; able to the commission of such offense. SEC. 10. COOPERATION AMONG FEDERAL PROS- (3) in subsection (c), as redesignated— ‘‘(b) REVIEW BY ATTORNEY GENERAL.— ECUTORS. (A) by striking paragraph (1) and inserting ‘‘(1) IN GENERAL.—A foreign nation seeking to Section 3322(a) of title 18, United States Code, the following: ‘‘(1) Subsection (a) does not apply have a forfeiture or confiscation judgment reg- is amended— to an action against funds held by a financial istered and enforced by a district court of the

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United States under this section shall first sub- (b) CONFORMING AMENDMENT.—The analysis a violation of subsection (a) has occurred, any mit a request to the Attorney General or the des- for chapter 163 of title 28, United States Code, is of the following shall be prima facie evidence ignee of the Attorney General, which request amended by adding at the end the following: that an alien involved in the alleged violation shall include— ‘‘2467. Enforcement of foreign judgment.’’. had not received prior official authorization to ‘‘(A) a summary of the facts of the case and SEC. 16. ENCOURAGING USE OF CRIMINAL FOR- come to, enter, or reside in the United States or a description of the proceedings that resulted in FEITURE AS AN ALTERNATIVE TO that such alien had come to, entered, or re- the forfeiture or confiscation judgment; CIVIL FORFEITURE. mained in the United States in violation of law: ‘‘(B) certified copy of the forfeiture or confis- Section 2461 of title 28, United States Code, is ‘‘(A) Records of any judicial or administrative cation judgment; amended by adding at the end the following: proceeding in which that alien’s status was an ‘‘(C) an affidavit or sworn declaration estab- ‘‘(c) If a forfeiture of property is authorized in issue and in which it was determined that the lishing that the defendant received notice of the connection with a violation of an Act of Con- alien had not received prior official authoriza- proceedings in sufficient time to enable the de- gress, and any person is charged in an indict- tion to come to, enter, or reside in the United fendant to defend against the charges and that ment or information with such violation but no States or that such alien had come to, entered, the judgment rendered is in force and is not sub- specific statutory provision is made for criminal or remained in the United States in violation of ject to appeal; and forfeiture upon conviction, the Government may law. ‘‘(D) such additional information and evi- include the forfeiture in the indictment or infor- ‘‘(B) Official records of the Service or of the dence as may be required by the Attorney Gen- mation in accordance with the Federal Rules of Department of State showing that the alien had eral or the designee of the Attorney General. Criminal Procedure, and upon conviction, the not received prior official authorization to come ‘‘(2) CERTIFICATION OF REQUEST.—The Attor- court shall order the forfeiture of the property to, enter, or reside in the United States or that ney General or the designee of the Attorney in accordance with the procedures set forth in such alien had come to, entered, or remained in General shall determine whether, in the interest section 413 of the Controlled Substances Act (21 the United States in violation of law. of justice, to certify the request, and such deci- U.S.C. 853), other than subsection (d) of that ‘‘(C) Testimony, by an immigration officer sion shall be final and not subject to either judi- section.’’. having personal knowledge of the facts con- cial review or review under subchapter II of cerning that alien’s status, that the alien had SEC. 17. ACCESS TO RECORDS IN BANK SECRECY chapter 5, or chapter 7, of title 5 (commonly JURISDICTIONS. not received prior official authorization to come known as the ‘Administrative Procedure Act’). Section 986 of title 18, United States Code, is to, enter, or reside in the United States or that ‘‘(c) JURISDICTION AND VENUE.— amended by adding at the end the following: such alien had come to, entered, or remained in ‘‘(1) IN GENERAL.—If the Attorney General or ‘‘(d) ACCESS TO RECORDS IN BANK SECRECY JU- the United States in violation of law.’’. the designee of the Attorney General certifies a RISDICTIONS.— (b) TECHNICAL CORRECTIONS TO EXISTING request under subsection (b), the United States ‘‘(1) IN GENERAL.—In any civil forfeiture case, CRIMINAL FORFEITURE AUTHORITY.—Section may file an application on behalf of a foreign or in any ancillary proceeding in any criminal 982(a)(6) of title 18, United States Code, is nation in district court of the United States forfeiture case governed by section 413(n) of the amended— seeking to enforce the foreign forfeiture or con- Controlled Substances Act (21 U.S.C. 853(n)), in (1) in subparagraph (A)— fiscation judgment as if the judgment had been which— (A) by inserting ‘‘section 274(a), 274A(a)(1), or entered by a court in the United States. ‘‘(A) financial records located in a foreign 274A(a)(2) of the Immigration and Nationality ROCEEDINGS.—In a proceeding filed ‘‘(2) P country may be material— Act or’’ before ‘‘section 1425’’ the first place it under paragraph (1)— ‘‘(i) to any claim or to the ability of the Gov- appears; ‘‘(A) the United States shall be the applicant ernment to respond to such claim; or (B) in clause (i), by striking ‘‘a violation of, or and the defendant or another person or entity ‘‘(ii) in a civil forfeiture case, to the ability of a conspiracy to violate, subsection (a)’’ and in- affected by the forfeiture or confiscation judg- the Government to establish the forfeitability of serting ‘‘the offense of which the person is con- ment shall be the respondent; the property; and victed’’; and ‘‘(B) venue shall lie in the district court for ‘‘(B) it is within the capacity of the claimant (C) in subclauses (I) and (II) of clause (ii), by the District of Columbia or in any other district to waive the claimant’s rights under applicable striking ‘‘a violation of, or a conspiracy to vio- in which the defendant or the property that financial secrecy laws, or to obtain the records late, subsection (a)’’ and all that follows may be the basis for satisfaction of a judgment so that such records can be made available not- through ‘‘of this title’’ each place it appears under this section may be found; and withstanding such secrecy laws; and inserting ‘‘the offense of which the person ‘‘(C) the district court shall have personal ju- is convicted’’; risdiction over a defendant residing outside of the refusal of the claimant to provide the (2) by striking subparagraph (B); and the United States if the defendant is served with records in response to a discovery request or to (3) in the second sentence— process in accordance with rule 4 of the Federal take the action necessary otherwise to make the (A) by striking ‘‘The court, in imposing sen- Rules of Civil Procedure. records available shall be grounds for judicial tence on such person’’ and inserting the fol- ‘‘(d) ENTRY AND ENFORCEMENT OF JUDG- sanctions, up to and including dismissal of the lowing: MENT.— claim with prejudice. ‘‘(B) The court, in imposing sentence on a per- ‘‘(1) IN GENERAL.—The district court shall ‘‘(2) PRIVILEGE.—This subsection shall not af- son described in subparagraph (A)’’; and enter such orders as may be necessary to enforce fect the right of the claimant to refuse produc- (B) by striking ‘‘this subparagraph’’ and in- the judgment on behalf of the foreign nation tion on the basis of any privilege guaranteed by serting ‘‘that subparagraph’’. unless the court finds that— the Constitution of the United States or any SEC. 19. ENHANCED VISIBILITY OF THE ASSET ‘‘(A) the judgment was rendered under a sys- other provision of Federal law.’’. FORFEITURE PROGRAM. tem that provides tribunals or procedures incom- SEC. 18. APPLICATION TO ALIEN SMUGGLING OF- Section 524(c)(6) of title 28, United States patible with the requirements of due process of FENSES. Code, is amended to read as follows: law; (a) AMENDMENT OF THE IMMIGRATION AND NA- ‘‘(6)(A) The Attorney General shall transmit ‘‘(B) the foreign court lacked personal juris- TIONALITY ACT.—Section 274(b) of the Immigra- to Congress and make available to the public, diction over the defendant; tion and Nationality Act (8 U.S.C. 1324(b)) is not later than 4 months after the end of each ‘‘(C) the foreign court lacked jurisdiction over amended to read as follows: fiscal year, detailed reports for the prior fiscal the subject matter; ‘‘(b) SEIZURE AND FORFEITURE.— year as follows: ‘‘(D) the defendant in the proceedings in the ‘‘(1) IN GENERAL.—Any conveyance, including ‘‘(i) A report on total deposits to the Fund by foreign court did not receive notice of the pro- any vessel, vehicle, or aircraft, that has been or State of deposit. ceedings in sufficient time to enable him or her is being used in the commission of a violation of ‘‘(ii) A report on total expenses paid from the to defend; or subsection (a), the gross proceeds of such viola- Fund, by category of expense and recipient ‘‘(E) the judgment was obtained by fraud. tion, and any property traceable to such con- agency, including equitable sharing payments. ‘‘(2) PROCESS.—Process to enforce a judgment veyance or proceeds, shall be seized and subject ‘‘(iii) A report describing the number, value, under this section shall be in accordance with to forfeiture. and types of properties placed into official use rule 69(a) of the Federal Rules of Civil Proce- ‘‘(2) APPLICABLE PROCEDURES.—Seizures and by Federal agencies, by recipient agency. dure. forfeitures under this subsection shall be gov- ‘‘(iv) A report describing the number, value, ‘‘(e) FINALITY OF FOREIGN FINDINGS.—In en- erned by the provisions of chapter 46 of title 18, and types of properties transferred to State and tering orders to enforce the judgment, the court United States Code, relating to civil forfeitures, local law enforcement agencies, by recipient shall be bound by the findings of fact to the ex- including section 981(d) of such title, except that agency. tent that they are stated in the foreign for- such duties as are imposed upon the Secretary ‘‘(v) A report, by type of disposition, describ- feiture or confiscation judgment. of the Treasury under the customs laws de- ing the number, value, and types of forfeited ‘‘(f) CURRENCY CONVERSION.—The rate of ex- scribed in that section shall be performed by property disposed of during the year. change in effect at the time the suit to enforce such officers, agents, and other persons as may ‘‘(vi) A report on the year-end inventory of is filed by the foreign nation shall be used in be designated for that purpose by the Attorney property under seizure, but not yet forfeited, calculating the amount stated in any forfeiture General. that reflects the type of property, its estimated or confiscation judgment requiring the payment ‘‘(3) PRIMA FACIE EVIDENCE IN DETERMINA- value, and the estimated value of liens and of a sum of money submitted for registration.’’. TIONS OF VIOLATIONS.—In determining whether mortgages outstanding on the property.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00067 Fmt 0686 Sfmt 6333 E:\BR00\S27MR0.002 S27MR0 3654 CONGRESSIONAL RECORD—SENATE March 27, 2000 ‘‘(vii) A report listing each property in the Federal civil forfeiture procedures, actions than any Member of Congress. year-end inventory, not yet forfeited, with an which are based largely on 19th cen- Senator SESSIONS has been an out- outstanding equity of not less than $1,000,000. tury admiralty law, provide inadequate standing representative of the law en- ‘‘(B) The Attorney General shall transmit to Congress and make available to the public, not protections for private property. For forcement community, and I am proud later than 2 months after final issuance, the au- example, under current Federal law, to have his support. dited financial statements for each fiscal year once the government seizes property, Finally, I would like to thank House for the Fund. the burden of proof is on the property Judiciary Chairman HENRY HYDE. No ‘‘(C) Reports under subparagraph (A) shall owner to prove that the property is not one has done more to advance the include information with respect to all forfeit- subject to forfeiture. After property is cause of civil forfeiture reform than ures under any law enforced or administered by seized, the property owner must post a Chairman HYDE. His 1995 book on civil the Department of Justice. ‘‘(D) The transmittal and publication require- cost bond in order to contest the for- forfeiture helped draw national atten- ments in subparagraphs (A) and (B) may be sat- feiture. This bond requirement does tion to the need for reform. Last June, isfied by— not entitle the property owner to the the House overwhelmingly passed the ‘‘(i) posting the reports on an Internet website return of the property, but merely al- Hyde-Conyers civil forfeiture reform maintained by the Department of Justice for a lows the claimant to contest the for- bill. This victory for forfeiture reform period of not less than 2 years; and feiture. If the property owner files a was due in large measure to HENRY ‘‘(ii) notifying the Committees on the Judici- ary of the House of Representatives and the claim to the property, the government HYDE’s stature and commitment. Senate when the reports are available electroni- has up to five years to file a complaint Thank you for your attention to this cally.’’. for forfeiture. important reform legislation. SEC. 20. PROCEEDS. The legislation agreed to today in- Mr. LEAHY. Mr. President, at long (a) FORFEITURE OF PROCEEDS.—Section creases protections for property own- last, after years of effort and several 981(a)(1)(C) of title 18, United States Code, is ers, while respecting the interests of weeks of intensive, tedious and seem- amended by striking ‘‘or a violation of section law enforcement. Among other provi- ingly endless negotiations, we have 1341’’ and all that follows and inserting ‘‘or any sions, the bill places the burden of reached agreement on civil asset for- offense constituting ‘specified unlawful activity’ proof in civil forfeiture cases on the feiture reform legislation. This is a sig- (as defined in section 1956(c)(7) of this title), or nificant improvement over the current a conspiracy to commit such offense.’’. government throughout the pro- (b) DEFINITION OF PROCEEDS.—Section 981(a) ceeding; places reasonable time limits system and should go a long way to- of title 18, United States Code, is amended by on the government in civil forfeiture ward stemming the abuses that have so adding at the end the following: actions; awards attorney fees and costs offended Americans across the country ‘‘(2) For purposes of paragraph (1), the term to property owners who prevail against and the political spectrum. It is not ‘proceeds’ is defined as follows: the government in civil forfeiture often that we see the U.S. Chamber of ‘‘(A) In cases involving illegal goods, illegal Commerce, ACLU, NRA, National As- services, unlawful activities, and telemarketing cases; authorizes the court to release and health care fraud schemes, the term ‘pro- property pending trial in appropriate sociation of Criminal Defense Lawyers, ceeds’ means property of any kind obtained di- circumstances; eliminates the cost American Bankers Association, the In- rectly or indirectly, as the result of the commis- bond; and provides a uniform innocent stitute of Justice, Americans for Tax sion of the offense giving rise to forfeiture, and owner defense to all federal civil for- Reform, and the American Bar Associa- any property traceable thereto, and is not lim- feitures affected by the bill. tion joining together on the same side ited to the net gain or profit realized from the All of us here are committed to de- of a legislative effort. Working with offense. priving criminals of the proceeds of Chairman HATCH, Chairman HYDE, Mr. ‘‘(B) In cases involving lawful goods or lawful services that are sold or provided in an illegal crime. To further this goal, the bill in- CONYERS, Senator SESSIONS and Sen- manner, the term ‘proceeds’ means the amount creases the ability of the Justice De- ator SCHUMER, we have crafted a good of money acquired through the illegal trans- partment to target criminal proceeds. bill, a balanced bill and a reform pack- actions resulting in the forfeiture, less the direct The bill also extends criminal for- age that should move forward as con- costs incurred in providing the goods or services. feiture authority to any Federal stat- sensus legislation and be enacted with- The claimant shall have the burden of proof ute in which civil forfeiture authority out further delay this year. I want to with respect to the issue of direct costs. The di- exists in order to encourage the use of thank all who have worked with us in rect costs shall not include any part of the over- criminal forfeiture. In addition, the this process. In particular, I want to head expenses of the entity providing the goods or services, or any part of the income taxes paid bill contains several mechanisms to thank Janet Reno, our Attorney Gen- by the entity. deter and punish frivolous claims to eral, for working with us, meeting with ‘‘(C) In cases involving fraud in the process of seized property. Senator SESSIONS will us and lending her support to this ef- obtaining a loan or extension of credit, the court describe these provisions in detail. fort and joining our coalition by agree- shall allow the claimant a deduction from the A broad coalition of organizations ing to the consensus civil asset for- forfeiture to the extent that the loan was repaid, support this bill, including the Cham- feiture reform legislation that the Sen- or the debt was satisfied, without any financial ber of Commerce, the American Bank- ate is passing today. loss to the victim.’’. ers Association, the National Associa- Asset forfeiture is a powerful crime- SEC. 21. EFFECTIVE DATE. Except as provided in section 14(c), this Act tion of Homebuilders, the National As- fighting tool. It has been a particularly and the amendments made by this Act shall sociation of Realtors, the Institute for potent weapon in the war on drugs, al- apply to any forfeiture proceeding commenced Justice, Americans for , the lowing the government to take the cars on or after the date that is 120 days after the National Rifle Association, the Amer- and boats and stash houses amassed by date of enactment of this Act. ican Bar Association, and the Fra- drug dealers and put them to honest Mr. HATCH. Mr. President, I am ternal Order of Police. In addition, six use. Last year alone, the government pleased to announce that Chairman former Attorneys General—William was able to seize nearly half a billion HYDE, Senator LEAHY and I reached an Barr, Richard Thornburg, Edwin dollars worth of assets, cutting a big agreement with the Department of Jus- Meese, Benjamin Civiletti, Griffin Bell, chunk out of criminals’ profit stream tice and Senators SESSIONS and SCHU- and Nicholas Katzenbach—have en- and returning it to the law-abiding MER yesterday on civil forfeiture re- dorsed the bill. community. form legislation. This is an important In closing, I would like to thank Sen- Unfortunately, our nation’s asset for- issue, and I am proud to support this ators SESSIONS and SCHUMER for their feiture is not fail-safe; it can be and legislation. While civil forfeiture is a patience and cooperation. This agree- has been abused. In hearings on this valuable law enforcement tool, it has ment would not be possible without issue, the Judiciary Committee has become increasingly clear that some their hard work and dedication. Sen- heard examples of what happens when reform of civil forfeiture law is nec- ator SESSIONS is to be especially com- prosecutorial zeal skirts the bound- essary given the numerous controver- mended. As a former United States At- aries of due process, leading to the tak- sial seizures of property in the last dec- torney and state Attorney General, he ing of private property regardless of ade. has more experience in civil forfeiture whether the owner is innocent of, or

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.002 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3655 even cognizant of, the property’s use in Moreover, under Vermont law, state tion Policy regarding the Hyde-Con- an illegal act, or whether the seizure is law enforcement authorities carry a yers bill, and struck a fair compromise entirely out of proportion to the crimi- heavier burden ‘‘of proving all material on those issues. nal conduct alleged. facts by clear and convincing evi- For example, the Hyde-Conyers bill I am well aware from incidents in dence.’’ 18 V.S.A. § 4244(c). By contrast, put the burden of proof on the Govern- Vermont about how aggressive use by federal forfeiture procedures provide ment by clear and convincing evidence. Federal and State law enforcement of- more latitude on the property subject We put the burden of proof on the Gov- ficials of civil asset forfeiture laws can to seizure and more lenient require- ernment by a preponderance of the evi- appear unfair and excessive, and there- ments for federal law enforcement au- dence. The preponderance standard is by fuel public distrust of the govern- thorities to meet. used in virtually all other civil cases, ment in general and law enforcement While federal authorities in Vermont and we believe it is sufficient to pro- in particular. For example, in 1989, fed- have in recent years avoided such egre- tect the interests of property owners. eral prosecutors seized a Vermont gious asset forfeiture abuses, that is The Hyde-Conyers bill authorized homestead that a family had built and not the situation in other jurisdictions, courts to appoint counsel for any indi- lived in for over a decade. The husband prompting increasing and exceedingly gent person who asserted an interest in had pleaded guilty in State court to sharp criticism from scholars and com- seized property. Although I am sympa- growing six marijuana plants, without mentators of the federal asset for- thetic to that proposal—justice should his wife’s knowledge, and was sen- feiture system, which in general re- not be only for the wealthy—the Ad- tenced to 50 hours of community serv- quires far less from the government ministration strongly opposed it. We ice, which he fulfilled by building than any State forfeiture law. provided for appointment of counsel bookshelves for the local public li- Federal judges have also added their only in the rare case where the prop- brary. voices to the growing chorus of con- erty subject to forfeiture was the Yet, one year after his arrest, cern. In 1992, the Second Circuit Court claimant’s primary residence. In other Vermont State police brought his ar- of Appeals stated: ‘‘We continue to be cases, a claimant could recoup attor- rest to the attention of the federal au- enormously troubled by the govern- ney fees only if she substantially pre- thorities and Federal marshals seized ment’s increasing and virtually un- vailed in challenging the forfeiture. the family’s home and 49 surrounding checked use of the civil forfeiture stat- We are grateful for the support of so acres. Hundreds of Vermonters rallied utes and the disregard for due process many members of the Committee and to the family’s defense, including that is buried in those statutes.’’ Four others over the last year. The Hatch- former prosecutors, until the case was years later, the Eighth Circuit rebuked Leahy bill was endorsed by the last six settled with no seizure of the property. the government for capitalizing on the Attorneys General of the United States In another civil asset forfeiture case, claimants’ confusion to forfeit over from both parties, William Barr, Rich- federal prosecutors again seized the $70,000 of their currency, and expressed ard Thornburgh, Edwin Meese, Ben- home and 10 acres of a Vermont woman alarm that: jamin Civiletti, Griffin Bell, and Nich- in Richmond, Vermont, after two hid- [T]he war on drugs has brought us to the olas Katzenbach, and a wide range of den patches of marijuana plants were point where the government may seize . . . a organizations. discovered on her property. Criminal citizen’s property without any initial show- Although I knew that we had met the charges against the woman were dis- ing of cause, and put the onus on the citizen Department more than half way in our to perfectly navigate the bureaucratic lab- missed when she established she was yrinth in order to liberate what is presump- bill, we did not stop there. We have unaware that her daughter and daugh- tively his or hers in the first place. . . . met with and worked with Senators ter’s boyfriend were cultivating the Should the citizen prove inept, the govern- SESSIONS and SCHUMER, who had intro- plants. Three years after the seizure, in ment may keep the property, without ever duced a different type of bill, to see 1990, a federal judge ordered the gov- having to justify or explain its actions. whether we might find common ernment to return the property to the Similarly, the Seventh Circuit re- ground. After weeks of intensive ef- woman, but by that time it had been cently expressed its belief that ‘‘the forts, we succeeded in coming together. destroyed by fire. government’s conduct in forfeiture For our part, Chairman HATCH and I By contrast to the obligation under cases leaves much to be desired,’’ and accepted more than 30 substantive Vermont law that law enforcement ordered the return of over $500,000 in changes to the provisions in the Hatch- agencies must ‘‘ensure that the prop- currency that had been improperly Leahy bill, plus about a dozen new sec- erty is properly maintained,’’ 18 V.S.A. seized from a Chicago pizzeria. tions to the bill that give law enforce- § 4246, the federal authorities who made Under current law, the property ment new, but measured, authority. In the seizure of this property had no such owner—not the government—bears the essence we combined the Hatch-Leahy obligation and did not take good care burden of proof. All the government Civil Asset Forfeiture Reform Act, S. of the property. must do is make an initial showing of 1931, with suggestions from the Ses- In yet another civil asset forfeiture probable cause that the property is sions-Schumer bill to form a civil asset case, federal prosecutors in 1990, seized ‘‘guilty’’ and subject to forfeiture. The forfeiture legislative package that we the home and 10.7 acres of a family in property owner must then prove a neg- can all agree to support. Craftsbury Common, Vermont, after ative—that the property was not in- Among the important reforms made the homeowners were convicted in volved in any wrongdoing. It is time to by the Hatch-Leahy-Sessions-Schumer State court of cultivating marijuana bring this law in line with our modern substitute amendment to H.R. 1658, and given suspended sentences three principles of due process and fair play, which the Senate passes today, are the years earlier in 1987. and reform forfeiture procedures to en- following: Given the fact that in each of these sure that innocent property owners are Burden of proof. The substitute cases, the underlying criminal charges adequately protected. amendment puts the burden of proof on were prosecuted by the State but the The Hyde-Conyers civil asset for- the government by a preponderance of forfeiture action was taken federally, feiture reform bill, H.R. 1658, passed the evidence. one might ask why these related pro- the House by an overwhelming bipar- Cost bond. Another core reform of ceedings were divided between the tisan majority (375–48) last June. After the substitute amendment is the elimi- State and Federal authorities? The an- lengthy negotiations with the Depart- nation of the so-called ‘‘cost bond.’’ swer is simple: Vermont law does not ment of Justice, Chairman HATCH and I Under current law, a property owner allow the forfeiture of real property introduced a Senate civil asset for- who seeks to recover his property after ‘‘which is occupied as the primary resi- feiture reform bill, S.1931. Our bill ad- it has been seized by the government dence of a person involved in the viola- dressed every major concern that the must pay for the privilege by posting a tion and a member or members of that Department had raised in our hearings bond with the court. No other federal person’s family.’’ 18 V.S.A. § 4241(a)(5). and in the Statement of Administra- statute requires a cost bond, and no

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.002 S27MR0 3656 CONGRESSIONAL RECORD—SENATE March 27, 2000 State requires a cost bond in civil for- lenging a judicial forfeiture. It is owner will not be permitted to contest feiture cases. therefore unlikely that anyone who the forfeiture. Opponents of the fugi- The government has defended the misses the first of three published no- tive disentitlement doctrine say that cost bond, not as a device for ensuring tices will be able to file a timely claim. the prosecutors have gone so far as to that its court costs are covered, but as The substitute extends the property indict people whom they know will a way of deterring frivolous claims. Of owner’s time to file a claim following never return to this country, so that course, we are all in favor of deterring the commencement of an administra- they can invoke the doctrine in civil frivolous claims, but there are ways to tive or judicial forfeiture action to 30 forfeiture proceedings against such deter frivolous claims without offend- days. The bill also codifies current De- persons’ U.S. assets. The substitute ing the fundamental principle of equal partment of Justice policy with respect provides a statutory basis for a judge and open access to the courts, a bed- to the time period for sending notice of to disallow a civil asset forfeiture rock of our American system of justice. seizure, and establishes a 90-day period claim by a fugitive, while leaving The substitute amendment provides for filing a complaint. judges discretion to allow such a claim that a person who challenges a for- Release of property for hardship. The in the interests of justice. feiture must file his claim on oath, substitute will allow a property owner Senator HATCH and I share a long- under penalty of perjury. It also pro- to hold on to his property pending the standing and deeply-held appreciation vides for imposition of a civil fine, in final disposition of the case, if he can for law enforcement and the officers cases where the claimant’s assertion of show that continued possession by the who work on the front lines to protect an interest in the property was frivo- government will cause the owner sub- our families and communities, and we lous. In addition, claimants will con- stantial hardship, such as preventing have worked together on a number of tinue to bear the substantial costs of him from working, and that this hard- crime-related issues in the past. Re- litigating their claims in court, and ship outweighs the risk that the prop- cently, for example, we have led the they and their attorneys will remain erty will be destroyed or concealed if Senate in passing a number of legisla- subject to the general sanctions for bad returned to the owner during the pend- tive initiatives of importance to State faith in instituting or conducting liti- ency of the case. Unlike H.R. 1658, the and local law enforcement, including gation. Frivolous prisoner claimants substitute adopts the primary safe- the Bulletproof Vests Partnership Act will be barred from repeated filings on guards that the Justice Department of 1998, Crime Identification Tech- proper court findings. The added bur- wanted added to the provision—that nology Act of 1998, Care for Police Sur- den of the ‘‘cost bond’’ serves no legiti- property owners must have sufficient vivors Act of 1998, the Railroad Police mate purpose. ties to the community to provide as- Officers Training Act of 1999, and the Legal assistance and attorney fees. surance that the property will not dis- Methamphetamine Anti-Proliferation The substitute amendment permits appear, and that certain property, such Act of 1999. I want to commend him for courts to authorize counsel to rep- as currency and property particularly his commitment, not just to law en- resent an indigent claimant only if the outfitted for use in illegal activities, forcement, but to the rights of all claimant is already represented by a shall not be returned. Government can- Americans. It has been my pleasure to court-appointed attorney in connection not obtain a grand jury subpoena to ob- work with him on this issue, to bring with a related federal criminal case. tain such documents. balance back in the relationship be- This is both fair and efficient, and Criminal proceeds. The substitute tween our police forces and the citizens eliminates any appearance that the also brings clarity and fairness to the of this country. It has been a privilege to work with government chose to pursue the for- confused body of case law concerning Representatives HYDE and CONYERS on feiture in a civil proceeding rather the definition of criminal proceeds. this important legislation. And we than as part of the criminal case in Specifically, in cases involving lawful greatly appreciate the contributions order to deprive the claimant of his goods or lawful services that are sold made by Senators SESSIONS and SCHU- right to counsel. or provided in an illegal manner, the MER, both knowledgeable and experi- Beyond this, the substitute amend- term ‘‘proceeds’’ is defined to mean the enced legislators in this area. amount of money acquired through the ment ensures that when the govern- I would also like to thank the Senate illegal transactions resulting in the ment seeks to forfeit an indigent per- and House staff who worked so hard to son’s primary residence, that person forfeiture, less the direct costs in- bring this matter to closure: On my will be afforded representation by the curred in providing the goods or serv- staff, Julie Katzman and Beryl Howell; Legal Services Corporation. When a ices. An exception is made for cases in- in addition, George Fishman, who has forfeiture action can result in a claim- volving certain health care fraud been dedicated to this project for so ant’s eviction and homelessness, there schemes, since it would make no sense many years, Manus Cooney, Rhett is more at stake than just a property to allow those who provide unnecessary DeHart, Ed Haden, Ben Lawsky, Tom interest, and it is fair and just that the services to deduct the cost of those un- Mooney, John Dudas, Julian Epstein, claimant be provided with an attorney necessary services. Having resolved Perry Apelbaum, and Cori Flam—their if he cannot otherwise afford one. The this important matter, the substitute efforts made this day possible. Thanks Legal Services Corporation will be paid amendment broadly extends the gov- are also due to Bill Jensen and the by the government for providing rep- ernment’s authority to forfeit criminal other hardworking members of the resentation in these cases. proceeds under the civil asset for- Senate’s Office of Legislative Counsel. For claimants who are not provided feiture laws. Finally, I would like to express my with counsel, the substitute allows for Fugitive disentitlement. The Su- gratitude to David Smith, a leading ex- the recovery of reasonable attorney preme Court in 1996 disallowed the pert on civil asset forfeiture, who gave fees and costs if they substantially pre- judge-made doctrine that a fugitive tirelessly of his time over the past few vail on their claim. The bill also makes avoiding the jurisdiction of the U.S. months. His expertise and good counsel the government liable for post-judg- courts in a criminal case may not con- were invaluable in producing the legis- ment interest on any money judgment, test a civil forfeiture; however, the lation that the Senate passes today. and imputed interest in certain cases Court left open the possibility that It is time for Congress to catch up involving currency or negotiable in- Congress could establish such doctrine with the American people and the struments. by statute. The Court was responding, courts and do the right thing on this Filing deadlines. Under current law, in part, to the government’s record of important issue of fairness. I am glad a property owner has only 20 days from seeking forfeiture of property even that the Senate is acting without delay the date of first publication of the no- though the property is not subject to to pass this long overdue reform legis- tice of seizure to file a claim chal- forfeiture (e.g., because the statute of lation. lenging an administrative forfeiture, limitations has expired), when the gov- Mr. SESSIONS. Mr. President, I ask and only 10 days to file a claim chal- ernment believes that the fugitive unanimous consent that the committee

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.002 S27MR0 March 27, 2000 CONGRESSIONAL RECORD—SENATE 3657 substitute be agreed to, the bill be read duced asset forfeiture reform legisla- Senate at work; the Senate and House, a third time and passed, the motion to tion in the Senate. Senators HATCH and as a matter of fact. We believe the reconsider be laid upon the table, and LEAHY introduced another piece of leg- agreement that has been reached today that any statements relating to the islation that was closer to the Hyde will both satisfy the House Judiciary bill be printed in the RECORD. bill. Committee leadership and the Senate The PRESIDING OFFICER. Without For some months now, we have Judiciary Committee leadership. Now objection, it is so ordered. worked together to see what we could it has already passed the Senate. If the The committee substitute was agreed do to protect legitimate constitutional identical bill passes in the House, it to. rights of American citizens, while at will become law. We will have done The bill (H.R. 1658), as amended, was the same time protecting this tremen- what we set out to do, to pass legisla- read a third time and passed. dous asset to law enforcement of the tion that will strengthen protections Mr. SESSIONS. Mr. President, the seizing and forfeiting of assets. and civil liberties in America without bill we have just considered is a very It is wrong, in my opinion, for a per- undermining the rule of law in this important piece of legislation that has son who has made his money and his country. been the subject of considerable effort livelihood for years selling dope in I was proud to be a part of that. We for over a year now in the Judiciary America to go to jail and leave a man- worked very hard on it. I express par- Committee in the House. sion out there that he can come back ticular appreciation to my staff on the Great efforts have been expended by to and the Federal taxpayers having to Judiciary Committee: Kristi Lee, who all parties interested in this legislation pay for his time in jail, or to have bank is now U.S. Magistrate in Mobile, AL, to achieve a piece of legislation that accounts with hundreds of thousands of and Ed Haden, who is with me today, would provide enhanced protections to dollars in them and not have that who both worked with extraordinary private property owners and at the seized by the Government but, in fact, skill to make this legislation become a same time would not undermine, in a serving his time in jail and getting out reality. real and significant and unnecessary and living high off the ill-gotten gains In recent weeks, I am particularly way, the ability of law enforcement he achieved as a drug trafficker. proud of the work Ed Haden has done agencies to seize and forfeit to the in- I would say, 98 percent of forfeitures to be firm and strong for good, solid terest of the Government assets from in America today in Federal court are legislation that could have the support illegal drug dealers and other criminal as a result of drug cases. of law enforcement in America. assets that are forfeited. In my relatively small office in Ala- I also express my appreciation for the In the early 1980s, this Congress bama, when I was a U.S. attorney, we leadership of Senator HATCH who passed one of its most historic pieces of seized probably $8 million to $10 mil- chairs the Judiciary Committee. His legislation that attacked crime in lion that we actually turned into the skill and knowledge on these issues is America. It was the asset forfeiture Federal Treasury, after expenses and unsurpassed, and his dedication to law. At that time, I was a U.S. attor- other items were paid. American law is unsurpassed. ney in Mobile, AL. This Federal law be- In one case, we seized a Corvette I also was extraordinarily impressed came a daily part of the work of my of- automobile that was rumored to be with the commitment and knowledge fice. worth hundreds of thousands of dollars and ability of Chairman HENRY HYDE of We instructed our assistant U.S. at- because it was a unique Corvette. In the House Judiciary Committee. His torneys that whenever they were pros- fact, the drug dealer’s car eventually insight and commitment to making ecuting a drug case, it was not just was sold for $170,000, as I remember. We this law better was remarkable, and I enough to sentence and punish the seized mansions in Florida on the Gulf think the result has been something of criminal, they ought to be sure the ill- Coast. We seized bank accounts in for- which we can all be proud. gotten gains, the profits they made eign countries—big freighters, small f from selling illegal substances in this boats, expensive sail boats, auto- country, would be seized and forfeited mobiles of all kinds, and bank accounts ORDER FOR STAR PRINT—S. 2285 to the United States. into the millions of dollars. Mr. SESSIONS. Mr. President, I ask On a regular basis that was done all These are effective tools against the unanimous consent that a star print of over this country. It was a major, im- drug trafficking industry. In fact, S. 2285 be made with the changes that portant, historic step against crime, many countries now recognize that, are at the desk. particularly against drug crime in and they are at this time attempting The PRESIDING OFFICER. Without America. Hundreds of millions, perhaps to pass similar laws in their countries. objection, it is so ordered. billions of dollars, have been forfeited It certainly is important to America. f from illegal enterprises since that day. I believed very strongly that when we The forfeitures are conducted under set about amending this law, we do not ORDERS FOR TUESDAY, MARCH 28, this Federal law, although States have need to place any unnecessary burdens 2000 the ability to forfeit assets, too. on law enforcement and the prosecu- Mr. SESSIONS. Mr. President, I ask In Federal court, the Government tors who will have to handle these unanimous consent that when the Sen- had to prove its case, seize the asset; a cases. In fact, a large percentage, per- ate completes its business today, it ad- cost bond would be posted by the de- haps 90 percent or more, of these cases journ until the hour of 9:30 a.m. on fendant if he wished to contest the sei- are confessed by the defendant because Tuesday, March 28. I further ask unani- zure, and a court would hear the case he has to establish where he got this mous consent that on Tuesday, imme- and make a ruling in that fashion. money. Not many people can explain diately following the prayer, the Jour- A number of people believed strongly why they have $50,000 in cash in the nal of proceedings be approved to date, that requiring a person to post a cost trunk of their car along with maybe a the morning hour be deemed expired, bond was not a healthy thing under our few kilograms of cocaine. Normally, the time for the two leaders be re- legal system. They wanted to change there is evidence in addition that they served for their use later in the day, that. Chairman HENRY HYDE in the have been a drug dealer and that they and the Senate resume consideration of House Judiciary Committee felt that haven’t had employment; that their S.J. Res. 14, as under the previous way; so did Senator ORRIN HATCH, house note is being paid in cash. Often- agreement. chairman of the Senate Judiciary Com- times they paid for their Mercedes The PRESIDING OFFICER. Without mittee. We began to analyze and study automobile in cash, those kinds of objection, it is so ordered. what we could do to deal with this things. So the proof turns out to be Mr. SESSIONS. I ask unanimous con- problem of asset forfeiture. pretty good, as a normal rule. sent that the Senate stand in recess At the time, Senators SCHUMER, I believe the negotiation over this from the hours of 12:30 to 2:15 for the THURMOND, BIDEN, and myself intro- legislation was a fine example of the weekly party luncheons.

VerDate Aug 04 2004 13:03 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR00\S27MR0.002 S27MR0 3658 CONGRESSIONAL RECORD—SENATE March 27, 2000 The PRESIDING OFFICER. Without cloture vote will occur on Wednesday THE JUDICIARY objection, it is so ordered. of this week. BEVERLY B. MARTIN, OF GEORGIA, TO BE UNITED I thank all the Members for their at- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT f OF GEORGIA, VICE G. ERNEST TIDWELL, RETIRED. tention. ROGER L. HUNT, OF NEVADA, TO BE UNITED STATES PROGRAM DISTRICT JUDGE FOR THE DISTRICT OF NEVADA, VICE A f NEW POSITION CREATED BY PUBLIC LAW 106–113, AP- PROVED NOVEMBER 29, 1999. Mr. SESSIONS. For the information ADJOURNMENT UNTIL 9:30 A.M. of all Senators, tomorrow morning the TOMORROW Senate will resume consideration of f the pending flag desecration resolu- Mr. SESSIONS. If there is no further WITHDRAWALS tion. Under the order, there will be 2 business to come before the Senate, I hours remaining for debate relating to now ask the Senate stand in adjourn- Executive messages transmitted by the Hollings amendment, to be fol- ment under the previous order. the President to the Senate on March lowed by an additional hour for general There being no objection, the Senate, 27, 2000, withdrawing from further Sen- debate. At 2:15 on Tuesday, following at 6:45 p.m., adjourned until Tuesday, ate consideration the following nomi- the party luncheons, the Senate will March 28, 2000, at 9:30 a.m. nations: proceed to two consecutive votes on f THE JUDICIARY the pending amendments to the flag NOMINATIONS GAIL S. TUSAN, OF GEORGIA, TO BE UNITED STATES desecration resolution. It is hoped that DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF Executive nominations received by GEORGIA, VICE G. ERNEST TIDWELL, RETIRED, WHICH following those votes, the Senate will WAS SENT TO THE SENATE ON AUGUST 3, 1999. the Senate March 27, 2000: be able to reach a consent agreement DEPARTMENT OF JUSTICE regarding the passage vote of S. J. Res. DEPARTMENT OF STATE JOSE ANTONIO PEREZ, OF CALIFORNIA, TO BE UNITED 14. As a reminder, if an agreement is GREGORY G. GOVAN, OF VIRGINIA, FOR THE RANK OF STATES MARSHAL FOR THE SOUTHERN DISTRICT OF not reached for a vote on passage, then AMBASSADOR DURING HIS TENURE OF SERVICE AS CALIFORNIA FOR THE TERM OF FOUR YEARS, VICE STE- CHIEF U.S. DELEGATE TO THE JOINT CONSULTATIVE PHEN SIMPSON GREGG, WHICH WAS SENT TO THE SEN- under the provisions of rule XXII, a GROUP. (NEW POSITION) ATE ON JANUARY 6, 1999.

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IMPROPER TAXATION OF NATIVE Fatt v. Utah State Tax Commissioner, 884 P.2d Their success was not bought with a short AMERICANS 1233 (Utah 1994); Turner v. Wisconsin Depart- road to victory. The many hours of practice ment of Revenue, Tax Appeals Commission, and hard work that these fine young men and No. I–9755 (June 19, 1986); Beck v. North Caro- women have invested has paid off as they cel- HON. GEORGE MILLER lina Department of Revenue, Opinion of the OF CALIFORNIA Tax Commissioner, No. 99–386 (January 25, ebrate not only successful seasons, but district IN THE HOUSE OF REPRESENTATIVES 2000). championships as well. The athletes on these Although the law is clear, tribal members two extraordinary teams have, undoubtedly, Monday, March 27, 2000 domiciled on the reservation who are serving learned valuable lessons of motivation, dedi- Mr. GEORGE MILLER of California. Mr. their country continue to be taxed by several cation, and team work. Speaker, I rise to highlight an ongoing injus- states. DOD is instrumental in facilitating These young athletes deserve the admira- tice: state taxation of the income of Native this improper taxation by withholding fed- tion of their families, teachers, and fellow stu- American servicemen and women. eral wages for state income taxes pursuant dents for their great accomplishments. I am to 5 U.S.C. §5517. That statute authorizes fed- proud to represent such a fine group of young The law is clear that a state may not tax the eral agencies to enter into agreements with income of tribal members who live on and de- states to withhold from the people from Pennsylvania’s 17th District. I rive their income from activity within the res- wages of federal employees. know the entire House of Representatives ervation. Similarly, a state may not tax the in- We are writing to request that DOD review joins me in congratulating this outstanding come of tribal members who serve in the mili- and revise the records of Native American group of young people from Lebanon Catholic tary and claim their reservation as their home. service personnel to ensure that this practice High School. Congratulations and continued Nevertheless, these tribal members continue of withholding federal wages for state in- success. come tax cease for those claiming the res- to be taxed by several states. This practice f ervation as their home. Over the years, this has likely deprived thousands of Native Ameri- practice has likely deprived thousands of Na- TRIBUTE TO THE EDWIN J. cans of millions of dollars. tive American servicemen and women of mil- LEYANNA V.F.W. POST 671 HONOR By withholding federal wages of these Na- lions of dollars. We note that while imme- GUARD IN DEWITT MICHIGAN tive American service personnel for state in- diate action on your part will stop this un- come taxes, the Department of Defense may just practice and inform states and tribal unwittingly be assisting this improper taxation. members of the law, it will not provide retro- HON. DAVE CAMP To date, the burden has fallen on individual active relief for tribal members. OF MICHIGAN Please let us know of the steps you plan to servicemen and women to press their claims IN THE HOUSE OF REPRESENTATIVES take to redress this wrong and your progress Monday, March 27, 2000 and seek recovery of their federal wages from towards that goal. Thank you for your atten- the states. To redress this wrong on a sys- tion to this important matter. Mr. CAMP. Mr. Speaker, today I pay tribute temic basis. Mr. YOUNG of Alaska, Chairman Sincerely, to a group of noble veterans. of the Committee on Resources, Mr. SKELTON, GEORGE MILLER, There is no more honorable cause or pur- Ranking Democratic Member of the Com- Senior Democratic pose than serving one’s nation. As history il- mittee on Armed Services, and I have asked Member, lustrates, our nation has enjoyed unwavering the Secretary of Defense to ensure that fed- IKE SKELTON, support as millions of men and women have Senior Democratic eral withholding procedures do not abet or Member, answered the call for duty. It is their sacrifice perpetuate this practice. Committee on Armed that has helped build and protect our great na- I submit for the RECORD the letter to the Services. tion. Secretary of Defense: DON YOUNG, For many, service does not end at dis- HOUSE OF REPRESENTATIVES, Chairman. charge. For them serving means honoring COMMITTEE ON RESOURCES, those Veterans who pass on. The Honor f Washington, DC, March 7, 2000. Guard at VFW Post 671 in DeWitt, Michigan, Hon. WILLIAM S. COHEN, HONORING LEBANON CATHOLIC is composed of 35 selfless veterans who are Department of Defense, Office of the Secretary, HIGH SCHOOL’S GIRLS’ AND quick to heed the call for their services when The Pentagon, Washington, DC. BOYS’ BASKETBALL TEAMS one of their compatriots passes on. Since the DEAR SECRETARY COHEN: We are writing on behalf of Native American servicemen and group was formed in 1986, these men have women who, with the Department of De- HON. GEORGE W. GEKAS performed some 720 military funerals. Wheth- fense’s (DOD’s) aid, are subject to improper OF PENNSYLVANIA er it rains or snows, these veterans—who av- taxation by the states. As you know, Native IN THE HOUSE OF REPRESENTATIVES erage 69 years of age—answer the call to Americans have a strong tradition of mili- duty. tary service and have served their country in Monday, March 27, 2000 Appreciation for our military and for the proportions greater than that of the general Mr. GEKAS. Mr. Speaker, today I rise to many sacrifices of those who serve does not population. Nearly 16% of the Indian popu- recognize the incredible achievements of the always get the attention it so richly deserves. lation 16 years and older—over 150,000 peo- girls’ and boys’ basketball teams of Lebanon Post 671’s Honor Guard ensures that proper ple—are veterans. It is well-established that a state may not Catholic High School in Lebanon, Pennsyl- recognition will be accorded those who so tax the income of tribal members who live vania. For the first time ever, the Lebanon bravely defended our freedom on the occasion on and derive their income from activity Catholic Beavers have captured district bas- of their final internment. Just as the brave men within the reservation. See, e.g., Oklahoma ketball championships with both the boys’ and and women being remembered put their coun- Tax Commission v. Chickasaw, 515 U.S. 450 girls’ teams. try before themselves, the Honor Guard (1995); McClanahan v. Arizona Tax Commis- The boys’ basketball team captured their places the needs of the area’s veterans and sion, 411 U.S. 164 (1973). The Soldiers’ and first District Three Class A title after a come- their families ahead of their own. Sailors’ Civil Relief Act, 50 U.S.C. App. §574, from-behind victory of 51–45. The Beaver girls Mr. Speaker, please join me and the proud provides that service members do not lose their domicile for taxation purposes when on were also successful in their pursuit of the citizens of DeWitt and surrounding commu- military assignment. Accordingly, tribal District 3 title. The girls’ victory made Lebanon nities in saluting these great patriots. I thank members who claim their reservation as Catholic only the third school in the history of the Edwin J. Leyanna V.F.W. Post 671 Honor their home when serving in the military are this district’s playoffs to capture the title with Guard for their dedication to the fallen heroes not subject to state income taxation. See both the boys’ and girls’ teams. of this great nation.

● 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.

VerDate Aug 04 2004 13:09 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR00\E27MR0.000 E27MR0 3660 EXTENSIONS OF REMARKS March 27, 2000 SAVE MONEY FOR PRESCRIPTION tribute powerfully to lowering the average ef- representatives. It has been estimated that DRUG RESEARCH ACT OF 2000 fective tax rate for drug companies—by nearly $8000 to $13000 is spent per year on each phy- 40 percent relative to other major industries sician. The attitudes about this expensive interaction are divided and contradictory. HON. FORTNEY PETE STARK between 1990 to 1996. With an effective tax One study found that 85% of medical stu- OF CALIFORNIA rate so much lower than that of other indus- dents believe it is improper for politicians to IN THE HOUSE OF REPRESENTATIVES tries, it’s hard to feel their pain. accept a gift, whereas only 46% found it im- On top of their lowered tax rate, this indus- proper for themselves to accept a gift of Monday, March 27, 2000 try already reaps billions and billions in profits similar value from the pharmaceutical com- Mr. STARK. Mr. Speaker, I rise today to in- every year. Fortune magazine rates the phar- pany. Most medical associations have pub- troduce the Save Money for Prescription Drug maceutical industry as the most profitable lished guidelines to address this controversy. Research Act of 2000, a bill to deny tax de- business in America. The average compensa- Perhaps the intensity of the discussion is re- ductions to drug companies for certain gifts tion for 12 drug company CEO’s was $22 mil- lated to the potential consequences were it confirmed that gifts influence prescription of and benefits, but not product samples, pro- lion in 1998. Likewise, CRS reported that medication that results in increasing cost or vided to physicians and to encourage use of after-tax profits for the pharmaceutical industry negative health outcomes. such funds for pharmaceutical research and averaged 17 percent—three times higher than This article addresses the question by way development. Rather than spending pharma- the 5 percent profit margin of other industries. of a critical examination of the evidence. ceutical dollars on these very questionable U.S. drug companies claim their exorbitant Two review articles have addressed the fac- gifts, the industry should devote these billions profits are justified by the high cost of re- tors affecting drug prescribing, but only 1 of dollars to research and development of life- search and development. Yet pharmaceutical has focused on the impact of the physician- saving drugs. This bill will enable them to do companies generally spend twice as much on industry interaction on the behavior of phy- sicians. This article critically examines the so. marketing and administration as they do on re- literature and highlights articles with rig- The magnitude of drug company bribes to search and development. In fact, some com- orous study methods. doctors is staggering. In its January 19, 2000, panies are guilty of spending even more than METHODS issue, the Journal of the American Medical As- that. Merck & Pfizer spent 11 percent of reve- Studies were identified by searching sociation (JAMA) concluded that U.S. drug nues on R&D in 1997, while spending 28 per- MEDLINE for articles from 1994 to the companies spend more than $11 billion per cent on administration and marketing—includ- present, using the expanded Medical Subject year on drug promotion and marketing—an ing gifts and promotions aimed at physicians. Headings conflict of interest and drug indus- estimated $8,000 to $13,000 per physician. The pharmaceutical industry appears to try, limiting the search to articles in These ‘‘gifts’’ include free meals, travel sub- have its priorities backward. Research and de- English while excluding review articles, let- sidies, sponsored teachings, and even rec- velopment is much more important than drug ters, and editorials; each identified study reational benefits such as sporting event tick- company promotions. Our nation has reaped was cross-referenced; a database of 400 arti- ets and golfing fees, to name just a few. The cles gathered by the Medical Lobby for Ap- great rewards as a result of pharmaceutical propriate Marketing was searched; and 5 key JAMA article is attached. research; pharmaceutical and biotech re- informants were sought for their bibliog- JAMA’s analysis warns that the present ex- search have led to the discovery of life-saving raphies on the topic. tent of these practices ‘‘appears to affect pre- cures and treatments for ailments that would A total of 538 studies that provided data on scribing and professional behavior and should have cut lives short at one time. But drug any of the main study questions were tar- be further addressed at the level of policy and companies can do more. Think of all the addi- geted for retrieval. Of the 29 studies that education.’’ The $11 billion that drug compa- tional lives that could be saved if the pharma- were published in peer-reviewed journals and nies spend lobbying doctors often leads to dis- ceutical industry would dedicate the resources identified as potentially relevant (containing torted, inappropriate, overprescribing of drugs. quantitative data on 1 of 3 facets of physi- now spent on physician promotions to R&D. cian-industry interactions), 10 were from Over the years, I have personally received The need for this bill is clear. Denying the MEDLINE and 19 from other sources. The numerous examples of drug company gift-giv- pharmaceutical industry the ability to deduct data extractor (A.W.) was not blinded to the ing to physicians. One physician has sent me expenditures for gifts (other than product sam- authors of the studies. many particularly outlandish examples of ples) to physicians is a critical step in pro- Those with an analytical design (having a perks he has been offered. The number of viding Americans with access to more life-sav- comparison group) were considered to be of gifts offered over the course of 1 week is stag- ing drugs. This will discourage drug company higher methodological quality. gering. One week included an invitation to the Context. Controversy exists over the fact gifts that have been shown to sway physician that physicians have regular contact with races—with a private suite, lunch, and open prescribing behavior and free up more phar- the pharmaceutical industry and its sales bar from noon to 3 p.m. Subsequent days of maceutical revenue for R&D. By redirecting representatives, who spend a large sum of the week featured a free dinner at a fine res- drug company promotional expenditures to money each year promoting to them by way taurant where meals averaged $25/plate and their R&D budgets, the American public would of gifts, free meals, travel subsidies, spon- major league baseball tickets for the entire reap the benefit of increased medical break- sored teachings, and symposia. family. throughs. If the companies choose to keep the Objective. To identify the extent of and at- I would also like to insert in the RECORD a $11 billion as company profits, then the addi- titudes toward the relationship between phy- March 9, 2000, USA Today article. This article sicians and the pharmaceutical industry and tional tax revenue from these increases could its representatives and its impact on the describes a growing tend among advertising be used to provide a much-needed Medicare knowledge, attitudes, and behavior of physi- and marketing firms to sponsor physician con- prescription drug benefit. Any way you look at cians. tinuing medical education courses that doctors it, this bill is a winner for the American public. Data Sources. A MEDLINE search was con- in 34 States need to keep their licenses. I look forward to working with my colleagues ducted for English-language articles pub- These marketing firms are paid by drug com- in support of this legislation to encourage lished from 1994 to present, with review of panies and often hire faculty to teach courses pharmaceutical research and development reference lists from retrieved articles; in ad- and educate medical professionals about their and to deny drug company tax deductions for dition, an Internet database was searched sponsors’ products. This provides drug com- and 5 key informants were interviewed. gifts to physicians. Study Section. A total of 538 of studies panies with another opportunity to impact phy- [From JAMA, Jan. 19, 2000] that provided data on any of the study ques- sician prescribing practice and increase their PHYSICIANS AND THE PHARMACEUTICAL tions were targeted for retrieval, 29 of which company profits—while giving doctors a free, INDUSTRY were included in the analysis. questionable way to meet their recertification Data Extraction. Data were extracted by 1 IS A GIFT EVER JUST A GIFT? requirement. author. Articles using an analytic design Drug companies will claim that changes in (By Ashley Wazana, MD) were considered to be of high methodological tax treatment will directly decrease their in- There are few issues in medicine that bring quality. clinicians into heated discussion as rapidly Data Synthesis. Physician interactions vestment in research. In fact, less than 4 as the interaction between the pharma- with pharmaceutical representatives were months ago the nonpartisan Congressional ceutical industry and the medical profession. generally endorsed, began in medical school, Research Service (CRS) analyzed the tax More than $11 billion is spent each year by and continued at a rate of about 4 times per treatment of the pharmaceutical industry. That pharmaceutical companies in promotion and month. Meetings with pharmaceutical rep- analysis found taxpayer financed credits con- marketing, $5 billion of which goes to sales resentatives were associated with requests

VerDate Aug 04 2004 13:09 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 0634 E:\BR00\E27MR0.000 E27MR0 March 27, 2000 EXTENSIONS OF REMARKS 3661 by physicians for adding the drugs to the able. Meanwhile, attempts to change the a role in advertising activities. In addition, hospital formulary and changes in pre- practice have been rebuffed even as the num- the company hires external doctors and scribing practice. Drug company-sponsored ber of commercial providers has increased. pharmacists to review programs for objec- continuing medical education (CME) pref- Last spring, a resolution condemning accred- tivity. erentially highlighted the sponsor’s drug(s) itation of commercial CME firms, signed by Pragmation has higher course standards compared with the CME programs. Attend- educators from 47 medical schools, was of- than his hospital, says psychiatrist Michael ing sponsored CME events and accepting fered to the Society for Academic Con- Easton of Rush Presbyterian St. Luke’s Med- funding for travel or lodging for educational tinuing Medical Education. In November, the ical Center in Chicago, a review board mem- symposia were associated with increased pre- document was tabled because of the ‘‘possi- ber. scription rates of the sponsor’s medication. bility or likelihood of grant money to uni- Attending presentations given by pharma- versities being reduced by pharmaceutical If the accrediting group arbitrarily banned ceutical representative speakers was also as- companies,’’ says one of its authors, Ruth commercial firms from offering CME, it sociated with nonrational prescribing. Glotzer of Tufts University School of Medi- would result in a class-action lawsuit aimed Conclusion. The present extent of physi- cine in Boston. not only at the organization, but also cian-industry interactions appears to affect In February, a federal appeals court turned against critics, says Jack Angel, head of the prescribing and professional behavior and away the Food and Drug Administration’s Coalition for Healthcare Communication, an should be further addressed at the level of latest bid for oversight of the CME industry, industry trade group. ‘‘As long as we meet policy and education. reaffirming a decision made on freedom-of- the same standards, we have a right to par- speech grounds. ticipate,’’ he says. [From USA Today, Mar. 9, 2000] PATIENT’S BEST INTEREST? ‘‘Baloney,’’ De Angelis says. ‘‘Show me one of their programs where (faculty) physicians The concern comes at a time when phar- WHO’S TEACHING THE DOCTORS? push drugs not made by the sponsor.’’ DRUG FIRMS SPONSOR REQUIRED COURSES—AND maceutical influence on doctors is under On the industry side, Angel says academic SEE THEIR SALES RISE scrutiny. A January study in the Journal of the American Medical Association found providers may be complaining about com- (By Dan Vergano) that company-sponsored courses mentioned mercial providers more for competitive than At first glance, Harvard Medical School positive effects of the companies’ drugs 2.5 to altruistic reasons. ‘‘They want more of the and advertising giant Omnicom Group seem 3 times more often than other courses. action.’’ to have little in common. But they share one Swayed by such marketing, doctors pre- FEW PHYSICIAN COMPLAINTS trait: the right to award medical education scribed the sponsors’ drugs 5.5% to 18.7% credits that doctors need to keep their li- more often afterward, according to the In response to the dispute, Kopelow says, censes in 34 states. study, without giving competitive products a the ACCME has considered requirements Omnicom, working through subsidiary similar bounce. that independent monitoring committees Pragmaton, is one of a growing number of Critics fear that what’s in the patient’s oversee all providers. But even with the new advertising and marketing firms that pro- best interest won’t always be the deter- standards, critics note other potential prob- vide continuing medical education (CME) mining factor when a doctor scribbles out a lems with the group’s oversight: courses for physicians. The firms are fully prescription. Providers get to pick in advance which accredited, but because the marketing firms They point to firms such as an accredited monitors review courses for objectivity. often are working for pharmaceutical com- company called Interactive Medical Net- panies, the practice increasingly is setting works (IMN) of Rockville, Md., which prom- No requirements ensure that physicians off ethical alarms. ises pharmaceutical companies ‘‘a collabo- take courses relevant to their specialties. ‘‘It is unconscionable,’’ says Catherine De rative process with a provider who shares No explicit requirement exists for physi- Angelis, editor in chief of the Journal of the your expectations’’ on its Web site cian involvement in CME planning. American Medical Association. (www.cmemuscle.com). In translation, that ‘‘We rely on faculty professionalism to a Marketing firms ‘‘advertise wares under means commercial grant providers can freely large extent,’’ Kopelow says. Industry par- the guise of medical education,’’ she says. recommend faculty for courses, IMN head ticipation in medicine is standard practice, But advocates say commercial CME Jan Perez says. ‘‘If they’re interested in Dr. he says, citing such examples as for-profit courses use faculty from top medical Jones or Dr. Smith, we try to work with hospitals and health maintenance organiza- schools, ensuring objectivity, while deliv- them.’’ tions as ‘‘the way we do things in the United ering updates on drugs to the medical com- Under current conditions, ‘‘it’s up to doc- States.’’ Private companies offering CME munity more quickly than academic edu- tors to identify who’s shilling for a com- simply reflect that phenomenon, in his view. cators. pany,’’ says cardiologist Richard Conti of the ‘‘Companies live through education’’ to en- University of Florida at Gainesville, editor The required disclosure of who finances a sure new products are used appropriately, in chief of Clinical Cardiology. course and of any faculty ties to corporate says Bert Spilker of the Pharmaceutical Re- Despite believing that the CME system sponsors goes a long way toward ensuring search and Manufacturers of America in works well overall, Conti wrote an editorial doctors who take CME courses know where Washington, D.C. last year calling for all providers to have advice is coming from, Kopelow says. ‘‘We Without commercial CME firms, ‘‘you independent monitoring committees to en- have millions of eyes out there watching’’ in won’t find enough Mother Teresas to provide sure objectivity. some 600,000 annual hours of accredited everything doctors need,’’ says Michael ‘‘We recognize that concern,’’ says Murray courses. Scotti, a CME official with the American Kopelow, head of the ACCME. Under the Over the past three years his organization Medical Association. His organization is one standards going into effect in June, parent of the seven medical groups that charter the has received 56 complaints about programs, companies of commercial CME firms must 14 resulting in warning letters. But some Chicago-based Accreditation Council for possess a mission ‘‘congruent’’ with medical Continuing Medical Education (ACCME), the point out that doctors who want to renew education. their medical licenses have little incentive office that accredits courses nationwide. Kopelow says commercial course providers The drug companies provide ‘‘unre- to call into question a program that helps will meet the standards if they maintain a stricted’’ grants to the marketers, who hire them reach that goal. ‘‘firewall’’ between corporate departments the course faculty. But growing numbers of ‘‘Patients should be concerned about this,’’ whose mission is selling advertising to drug critics say there’s nothing unrestricted Glotzer says. ‘‘The job and responsibility of companies and the people preparing medical about the involvement of pharmaceutical these firms is to market drugs, not to teach education courses. companies. doctors.’’ PAYING FOR THE SYSTEM They fear that CME firms, which widely Disputes over industry involvement in refer to course sponsors as ‘‘clients,’’ stack Accredited course providers report about medicine extend into many areas, some phy- their programs with faculty physicians over- $900 million in annual income to the ACCME. sicians note. ly friendly to their sponsors’ products. Spon- More than 40% of grant funding from drug sors get a chance to market their products and medical device firms goes to the 25% of ‘‘It’s somewhat insulting to think that directly to doctors in a venue disguised as those providers consisting of commercial or- doctors don’t have inquiring minds that can education, critics say. In fact, one company, ganizations, not the medical schools and so- tell the good from the bad,’’ says Dolores Indianapolis-based Eli Lilly, is directly ac- cieties that control other aspects of physi- Bacon of New York Presbyterian Medical credited for CME, raising further concerns. cian training. Center. Regulations going into effect in June ‘‘We work the same way academic centers ‘‘There’s a huge variability in commercial promise higher standards of separation be- work’’, says Dennis Hoppe of Chicago-based (CME) programs,’’ she adds. ‘‘Ultimately, as tween grant providers and course faculty, Pragmaton. At the insistence of clients, em- physicians, our job is to be informed con- but critics say they are weak and unenforce- ployees involved with education cannot have sumers.

VerDate Aug 04 2004 13:09 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR00\E27MR0.000 E27MR0 3662 EXTENSIONS OF REMARKS March 27, 2000 HONORING THE AMERICAN ASSO- teacher training, Baltimore Hebrew University would insist on doing what should not be done CIATION OF DENTAL SCHOOLS opened its doors as an institution of higher for our economy and for future generations. (AADS) learning devoted solely to Jewish studies. It does not extend the solvency of either So- Today, Baltimore Hebrew University has more cial Security or Medicare, which we need to HON. CHARLIE NORWOOD graduate and credit students than any other do as the first step toward preparing those OF GEORGIA Hebrew college in the nation. The University vital programs to meet the challenges of the years ahead when the ‘‘baby boom’’ genera- IN THE HOUSE OF REPRESENTATIVES has the fourth largest Master of Arts program in Jewish Studies in the country with only Ye- tion retires in large numbers. Monday, March 27, 2000 shiva University, Hebrew Union College and It does not properly provide for measures to Mr. NORWOOD. Mr. Speaker, today I rec- the Jewish Theological Seminary having larger make affordable prescription drugs available to ognize the tremendous work performed by a programs. Medicare beneficiaries and other senior citi- group of dedicated and tireless professionals: In addition to teaching Jewish Studies on zens. the members of the American Association of their Baltimore City campus, Baltimore Hebrew It doesn’t adequately fund essential edu- Dental Schools (AADS). Many members, in- University professors provide Jewish Studies cation programs including Head Start, Pell cluding those from the 10th Congressional curriculum in other Maryland colleges, includ- grants for college students, and special edu- District of Georgia, are gathering at the AADS ing Groucher College, Towson University, and cation—in fact, it cuts their purchasing power. 77th Annual Meeting here in the nation’s cap- University of Maryland Baltimore County. Next It does not protect programs that are vital ital. I congratulate the AADS for its achieve- year, BHU professors will begin a new pro- for many working families—such as child care ments. AADS is the one national organization gram at John Hopkins University. In addition, subsidies, emergency heating and cooling as- that speaks exclusively for dental education. Baltimore Hebrew University has begun to sistance, or affordable housing—or to improve Since 1923 the Association’s institutional offer in conjunction with The Baltimore Jewish their access to health insurance. It also does membership has trained the nation’s oral Times courses ‘‘on line’’ to provide educational not adequately assist our communities to re- health care providers. The Association has opportunities to students in communities lack- spond to the problems of growth and sprawl done exemplary work in leading the dental ing Jewish Studies programs. and fails to provide enough funds for saving education community in addressing the issues Baltimore Hebrew University brings together open space. And it does not provide enough influencing education, research, and the health Jews and non-Jews of all religious back- for veterans’ programs. of the public. Members of the Association in- grounds, providing a diverse, open and com- And it does not give the proper priority to re- cluding all of the dental schools in the United munity-responsive environment in which stu- ducing the public debt. States, Puerto Rico, and Canada, allied dental dents gain an understanding of Jewish literary But what it does do is to mortgage the fu- education programs, corporations, faculty, and and historical tradition. Baltimore Hebrew Uni- ture to pay for excessive, unfocused tax cuts students. The nation owes a great debt to versity graduates making contributions in that would wipe out almost all of the expected AADS for its unwavering commitment to excel- many of my colleagues’ communities include: surplus outside of Social Security. lence in dental education. Stephen Hoffman, president of the Jewish It does cut funding for energy research and AADS works to promote the value and im- Community Federation of Cleveland: Brain conservation programs, even as increased prove the quality of dental education, and to Schreiber, Executive Director of the Jewish prices for gasoline and heating oil are again expand and strengthen the role of dentistry Community Center of Greater Pittsburgh; Les- showing the importance of reducing our de- among other health professions in academia ley Weiss, Association Director of the Anti- pendence on petroleum, while allowing dan- and society. There is currently more focus Defamation League in Washington, D.C; Gail gerous erosion of funding for many other im- than ever on oral health and I hope the nation Naron Chalew, editor of the Journal of Jewish portant scientific research activities. will understand that oral health is a part of Community Service and Larry S. Moses, And it does lay down a blueprint for going total health. President of the Wexner Foundation, to name back to budget deficits. AADS is dedicated to assisting its member- a few. For all these reasons—and more—we ship in providing service to patients of limited I ask my colleagues to join me in congratu- should not make of passing this means and quality education of future practi- lating Dr. Robert O. Freedman, president of budget plan. We can do better, and we tioners. Dental schools and programs play a Baltimore Hebrew University, and the mem- should. major role in access to oral health care, reach- bers of the Board of Trustees and the Balti- That’s why I voted for the alternative plan ing many underserved low-income popu- more Jewish community for their fortitude and proposed by Representative JOHN SPRATT and lations, including individuals covered by Med- foresight in establishing and maintaining Balti- other Democratic members of the Budget icaid and the State Children’s Health Insur- more Hebrew University as a premier institu- Committee. ance Program (CHIP). AADS members play a tion of higher education. The Democratic alternative would have ex- critical role in meeting the oral health needs of f tended the solvency of Social Security and the nation. It is with great pride that I honor Medicare, while making a downpayment on a CONCURRENT RESOLUTION ON my distinguished colleagues of the dental pro- plan to let the parents of children who are eli- THE BUDGET, FISCAL YEAR 2001 fession. gible for Medicaid or the State Children’s Health Insurance program gain health-care Mr. Speaker, I honor the American Associa- SPEECH OF tion of Dental Schools for being the leader in coverage under these programs. It also would dental education. I urge my colleagues to join HON. MARK UDALL have provided for Medicare prescription drug me in wishing AADS many more years of con- OF COLORADO coverage, beginning next year, while maintain- tinued success. IN THE HOUSE OF REPRESENTATIVES ing the funds needed to crack down on Medi- f Thursday, March 23, 2000 care fraud, waste, and abuse. It also would have provided more funds for veterans pro- THE 80TH ANNIVERSARY OF The House in Committee of the Whole grams, and would have assisted retirees and BALTIMORE HEBREW UNIVERSITY House on the State of the Union had under people who lose their jobs to keep health in- consideration the concurrent resolution surance. (House Concurrent Resolution 290) estab- The Democratic alternative would have in- HON. BENJAMIN L. CARDIN lishing the congressional budget for the OF MARYLAND United States Government for fiscal year creased funding for energy research and de- IN THE HOUSE OF REPRESENTATIVES 2001, revising the congressional budget for velopment, including energy conservation and the United States Government for fiscal year the development of alternatives to petroleum. Monday, March 27, 2000 2000, and setting forth appropriate budgetary And it would have provided more for science, Mr. CARDIN. Mr. Speaker, I rise today to levels for each of fiscal years 2002 through space, and technology programs. congratulate Baltimore Hebrew University, a 2005: It also would have provided fund to continue valuable educational institution in my district, Mr. UDALL of Colorado. Mr. Chairman, I assisting local school districts to hire more on their 80th anniversary. cannot support this resolution, for two rea- teachers for overcrowded schools, would have Following World War I, in response to a sons. It fails to do what should be done, for provided nearly $5 billion more for special community need for Jewish education and our country and for all Americans. And, it education funding, would have provided for tax

VerDate Aug 04 2004 13:09 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR00\E27MR0.000 E27MR0 March 27, 2000 EXTENSIONS OF REMARKS 3663 credits and funding for better school buildings. Mrs. CAPPS. Mr. Chairman, I rise in support CONCURRENT RESOLUTION ON It would have provided for increases in Pell of a fiscally responsible federal budget. THE BUDGET, FISCAL YEAR 2001 grants, Head Start, special education, and I have been very consistent in what I be- SPEECH OF other educational programs. lieve we should be doing with our federal The Democratic alternative would fully fund budget and projected surplus. HON. CASS BALLENGER the Lands Legacy Initiative, to save endan- First, we need to pay down the $3.7 trillion OF NORTH CAROLINA gered open space and to assist our States national debt. Last year, we paid $230 billion IN THE HOUSE OF REPRESENTATIVES and local communities in acquiring parks, con- in interest on the debt—that’s almost the size Thursday, March 23, 2000 serving wildlife habitat, and protecting sen- of the Defense budget. Families use times of sitive areas. The House in Committee of the Whole plenty to pay off debt first—the government House on the State of the Union had under And while the Democratic alternative would should as well. We owe it to our children to have provided for cutting taxes by some $200 consideration the concurrent resolution get rid of this burden. (House Concurrent Resolution 290) estab- billion over the next decade, it still would have We must shore up Social Security and mod- lishing the congressional budget for the dedicated $364 billion over the next decade United States Government for fiscal year for paying down the publicly held debt, more ernize Medicare. Social Security faces a huge challenge with the coming retirement of baby 2001, revising the congressional budget for than could be done under the flawed plan put the United States Government for fiscal year boomers and we must prepare for that now. forward by the Republican leadership. 2000, and setting forth appropriate budg- Mr. Chairman, after I compared the Repub- Providing prescription drug coverage, and in- etary, levels; for each of fiscal years 2002 lican leadership’s budget and the Democrat al- creasing payments to Medicare HMO’s and through 2005: ternative, my choice was clear. I think that hospitals will ensure that central coast seniors Mr. BALLENGER. Mr. Chairman, I applaud when the American people make the same have the quality health care they deserve. my colleagues on the House Budget Com- comparison, they will agree that the Repub- We must also make critical investments in mittee for their hard work in crafting a fiscal lican leadership’s plan is a collection of wrong education, health care, defense, and veteran’s year 2001 budget which all Americans can choices for the House and for our country. programs. Schools on the central coast are embrace today. Chairman KASICH has shown overcrowded, putting an extra burden on our f vision and leadership in guiding the Congress teachers and potentially shortchanging our out of the Democrat-led forty year period of A PROCLAMATION RECOGNIZING kids. Millions of Americans lack health insur- budget deficits and into the Republican era of THE 35TH ANNIVERSARY OF PA- ance and this adds to overall health care costs budget surpluses. TRICIA AND JIM GLOVER and human misery. Our troops are stretched I also would like to give credit to Chairman too thin and we have neglected our veterans’ KASICH for his efforts to publish a summary of HON. ROBERT W. NEY needs for far too long. where the federal government stands now on combating government waste, fraud, abuse OF OHIO And, of course, we must enact some com- and mismanagement. Sadly, this document IN THE HOUSE OF REPRESENTATIVES monsense tax reform. Fixing the marriage penalty, ending the Social Security earnings (Reviving The Reform Agenda) shows how Monday, March 27, 2000 limit, lifting the estate tax burden from small much reform is still needed in agencies and Mr. NEY. Mr. Speaker, I commend the fol- businesses and family farms—these are all re- programs throughout the federal government lowing article to my colleagues: forms we can accomplish this year. from the Internal Revenue Service (IRS) to Whereas, Patricia and Jim Glover will cel- To meet these goals I will be supporting the various federal housing programs. As a small ebrate their 35th Anniversary today, March alternative budget presented by Mr. SPRATT. businessman, I was appalled to read that the 27, 2000; While it does not fully reflect all my goals, it most recent audits (fiscal year 1998) showed Whereas, Patricia and Jim declared their comes closest. And it clearly is superior to the six major agencies could not provide financial love in a ceremony before God, family and leadership plan. statements that reliably account for the hun- friends in Bridgeport, Ohio; dreds of billions of dollars they spent. Put an- This mainstream budget puts $364 billion of Whereas, 2000 will mark 35 years of shar- other way, these agencies failed to produce ing, loving, working together and raising a the non-Social Security surplus toward paying the kinds of financial records that the govern- family of two children; down the debt. The leadership bill puts none ment requires of every private-sector company Whereas, may Patricia and Jim be blessed of the non-Social Security surplus into debt re- that trades its stock publicly. The Budget with all the happiness and love that two can duction and may even begin spending the So- Committee majority staff point out that the share and may their love grow with each cial Security surplus once again. The main- passing year; General Accounting Office (GAO) and the in- stream proposal will extend Medicare and So- THEREFORE: Mr. Speaker, I am pleased spectors general (IG) of the various agencies cial Security solvency by at least 10 and 15 to congratulate the Glovers’ on their 35th believe taxpayers’ hard-earned dollars have years, respectively. The leadership bill does anniversary. I ask that my colleagues join been wasted and, as a result, beneficiaries of me in wishing this special couple many more not provide the necessary safety net for the too many federal programs have been de- years of happiness together. future generations of seniors. prived of the funding which Congress intended f The budget I support provides for prescrip- them to receive. tion drug coverage for all our seniors. The I believe it is important to point to Reviving CONCURRENT RESOLUTION ON leadership bill is silent on who is covered. The The Reform Agenda in defense of Repub- THE BUDGET, FISCAL YEAR 2001 Spratt proposal puts $1 billion more into law licans’ successful push last year for a 0.38 enforcement than the leadership bill. And this SPEECH OF percent across-the-board cut in the fiscal year budget allows for responsible increases fund- 2000 spending bills. And, today, as our col- HON. LOIS CAPPS ing for education, science and medical re- leagues across the aisle criticize the fiscal OF CALIFORNIA search and development to insure that we pro- year 2001 Republican budget which will keep IN THE HOUSE OF REPRESENTATIVES vide our kids with the all the opportunities they spending to about half the rate of inflation, we deserve. The leadership proposal freezes Thursday, March 23, 2000 need to highlight the fact that government funding for 5 years for all higher education as- waste, fraud, abuse and mismanagement still The House in Committee of the Whole sistance, meaning fewer Pell grants and Head exists. Why should we ask our constituents to House on the State of the Union had under Start slots for our kids. Finally, this main- support the Clinton-Gore administration budget consideration the concurrent resolution stream budget provides for critical funding for which calls for spending $1.3 trillion on bigger (House Concurrent Resolution 290) estab- energy research and conservation programs. government over the next decade when we lishing the congressional budget for the The leadership bill, even in these times of high are having a hard time managing effectively United States Government for fiscal year gas prices, actually cuts these budgets. 2001, revising the congressional budget for current programs and spending levels? the United States Government for fiscal year Simply put, Mr. Chairman, the budget I sup- It is important to note that the fiscal year 2000, and setting forth appropriate budgetary port allows us to continue on a path of fiscal 2001 Republican budget proposal keeps a lid levels for each of fiscal years 2002 through responsibility, while continuing to meet the fu- on runaway federal spending while devoting 2005: ture challenges that face our society. the entire Social Security surplus, totaling

VerDate Aug 04 2004 13:09 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR00\E27MR0.000 E27MR0 3664 EXTENSIONS OF REMARKS March 27, 2000 $166 billion in fiscal year 2001, to a lock box ance-enhancing substances by athletes Appropriations to prevent it from being used to finance other (pending on Senate calendar). Labor, Health and Human Services, and government programs. And, it proposes a $40 SR–253 Education Subcommittee billion reserve fund to be used to reform Medi- Rules and Administration To hold hearings on proposed budget es- care and provide prescription drug coverage To hold hearings to examine Presidential timates for fiscal year 2001 for the Na- primaries and campaign finance. tional Institutes of Health, Depart- for Medicare beneficiaries who need it. SR–301 ment of Health and Human Services. In addition, the Republican budget proposal 10 a.m. SD–124 contains $150 billion in tax relief over five Finance Energy and Natural Resources years, including the elimination of the marriage To resume hearings to examine the in- To hold hearings on S. 882, to strengthen penalty. It also contains tax relief for small clusion of a prescription drug benefit in provisions in the Energy Policy Act of businesses, phases out the estate of ‘‘death’’ the Medicare program. 1992 and the Federal Nonnuclear En- tax, establishes tax incentives for educational SD–215 ergy Research and Development Act of assistance and tax relief associated with pend- Budget 1974 with respect to potential Climate ing health care reform legislation. Business meeting to continue markup a Change; and S. 1776, to amend the En- Finally, I am pleased to report that the Re- proposed concurrent resolution setting ergy Policy Act of 1992 to revise the en- publican budget increases spending for edu- forth the fiscal year 2001 budget for the ergy policies of the United States in cation, national defense, transportation and Federal Government. order to reduce greenhouse gas emis- veterans programs. In response to many of SD–608 sions, advance global climate science, my constituents; concerns, it also decreases 10:30 a.m. promote technology development, and Governmental Affairs increase citizen awareness. foreign aid expenditures. I believe this budget To hold hearings on how to structure SD–366 does it all. I hope my Republican colleagues government to meet the challenges of Foreign Relations will continue to spearhead a campaign of re- the millennium. To hold hearings to examine the need for form, beginning with the adoption of the fis- SD–342 nonproliferation policy innovations. cally responsible Republican budget. 2 p.m. SD–430 f Intelligence Rules and Administration To hold closed hearings on pending intel- To hold oversight hearings on the oper- SENATE COMMITTEE MEETINGS ligence matters. ations of the Architect of the Capitol. Title IV of Senate Resolution 4, SH–219 SR–301 agreed to by the Senate on February 4, 2:30 p.m. 10 a.m. 1977, calls for establishment of a sys- Energy and Natural Resources Judiciary tem for a computerized schedule of all Forests and Public Land Management Sub- Business meeting to markup H.R. 2260, to committee amend the Controlled Substances Act meetings and hearings of Senate com- To hold hearings on S. 1778, to provide to promote pain management and pal- mittees, subcommittees, joint commit- for equal exchanges of land around the liative care without permitting as- tees, and committees of conference. Cascade Reservoir, S. 1894, to provide sisted suicide and euthanasia; and S. This title requires all such committees for the conveyance of certain land to 1854, to reform the Hart-Scott-Rodino to notify the Office of the Senate Daily Park County, Wyoming, and S. 1969, to Antitrust Improvements Act of 1976. Digest—designated by the Rules com- provide for improved management of, SD–226 mittee—of the time, place, and purpose and increases accountability for, out- Governmental Affairs of the meetings, when scheduled, and fitted activities by which the public To hold hearings on the nominations of any cancellations or changes in the gains access to and occupancy and use Alan Craig Kessler, of Pennsylvania, to meetings as they occur. of Federal land. be a Governor of the United States As an additional procedure along SD–366 Postal Service; and Carol Waller Pope, with the computerization of this infor- Indian Affairs of the District of Columbia, to be a mation, the Office of the Senate Daily To hold hearings on S. 1967, to make Member of the Federal Labor Relations Digest will prepare this information for technical corrections to the status of Authority. certain land held in trust for the Mis- SD–342 printing in the Extensions of Remarks sissippi Band of Choctaw Indians, to Finance section of the CONGRESSIONAL RECORD take certain land into trust for that Business meeting to markup H.R. 6, to on Monday and Wednesday of each Band; S. 1507, to authorize the integra- amend the Internal Revenue Code of week. tion and consolidation of alcohol and 1986 to eliminate the marriage penalty Meetings scheduled for Tuesday, substance programs and services pro- by providing that the income tax rate March 28, 2000 may be found in the vided by Indian tribal governments; bracket amounts, and the amount of Daily Digest of today’s RECORD. and S. 1509, to amend the Indian Em- the standard deduction, for joint re- ployment, Training, and Related Serv- turns shall be twice the amounts appli- MEETINGS SCHEDULED ices Demonstration Act of 1992, to em- cable to unmarried individuals. phasize the need for job creation on In- SD–215 MARCH 29 dian reservations. Commerce, Science, and Transportation 9:30 a.m. SR–485 To hold hearings on S. 1361, to amend the Appropriations Earthquake Hazards Reduction Act of Defense Subcommittee MARCH 30 1977 to provide for an expanded Federal To hold closed hearings on proposed 9 a.m. program of hazard mitigation, relief, budget estimates for fiscal year 2001 for Appropriations and insurance against the risk of cata- the Department of Defense, focusing on Treasury and General Government Sub- strophic natural disasters, such as hur- Air Force programs, (to be followed by committee ricanes, earthquakes, and volcanic an open session in SD–192). To hold hearings on proposed budget es- eruptions. SH–219 SR–253 Judiciary timates for fiscal year 2001 for Treas- 10:30 a.m. Administrative Oversight and the Courts ury Law Enforcement Bureaus. Environment and Public Works Subcommittee SD–192 Superfund, Waste Control, and Risk As- To hold oversight hearings on the han- 9:30 a.m. dling of the investigation of Peter Lee. Appropriations sessment Subcommittee SD–226 VA, HUD, and Independent Agencies Sub- To hold hearings on the Administration’s Commerce, Science, and Transportation committee fiscal year 2001 budget for programs To hold hearings on S. 2267, to direct the To hold hearings on proposed budget es- with the Environmental Protection National Institute of Standards and timates for fiscal year 2001 for the De- Agency’s Office of Solid Waste and Technology to establish a program to partment of Housing and Urban Devel- Emergency Response. support research and training in meth- opment. SD–406 ods of detecting the use of perform- SD–138

VerDate Aug 04 2004 13:09 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 0634 E:\BR00\E27MR0.000 E27MR0 March 27, 2000 EXTENSIONS OF REMARKS 3665 2 p.m. APRIL 6 APRIL 12 Judiciary 9:30 a.m. 9:30 a.m. Constitution, Federalism, and Property Appropriations Appropriations Rights Subcommittee VA, HUD, and Independent Agencies Sub- VA, HUD, and Independent Agencies Sub- To hold hearings to examine racial committee committee profiling within law enforcement agen- To hold hearings on proposed budget es- To hold hearings on proposed budget es- cies. timates for fiscal year 2001 for the De- timates for fiscal year 2001 for the Cor- SD–226 partment of Veterans Affairs. poration for National and Community Foreign Relations SD–138 Service, Community Development Fi- Meeting to discuss crusial issues before the 2:30 p.m. nancial Institutions, and Chemical United Nations. Energy and Natural Resources Safety Board. SD–419 National Parks, Historic Preservation, and SD–138 Intelligence Recreation Subcommittee Indian Affairs To hold closed hearings on pending intel- To hold oversight hearings on the incin- To hold oversight hearings on the report ligence matters. erator component at the proposed Ad- of the Academy for Public Administra- SH–219 vanced Waste Treatment Facility at tion on Bureau of Indian Affairs man- 2:30 p.m. the Idaho National Engineering and agement reform. Energy and Natural Resources Environmental Laboratory and its po- SR–485 10 a.m. Forests and Public Land Management Sub- tential impact on the adjacent Yellow- Appropriations committee stone and Grand Teton National Parks. Defense Subcommittee To hold oversight hearings on the Presi- SD–366 dent’s October 1999 announcement to To hold hearings on proposed budget es- timates for fiscal year 2001 for the De- review approximately 40 million acres APRIL 8 of national forest lands for increased partment of Defense, focusing on mis- 10 a.m. protection. sile defense programs. Appropriations SD–366 SD–192 Defense Subcommittee To hold hearings on proposed budget es- MARCH 31 APRIL 13 timates for fiscal year 2001 for the De- 9:30 a.m. 9:30 a.m. partment of Defense, focusing on med- Appropriations Energy and Natural Resources ical programs. VA, HUD, and Independent Agencies Sub- Energy Research, Development, Produc- SD–192 committee tion and Regulation Subcommittee To hold hearings on proposed budget es- To hold oversight hearings to examine APRIL 11 timates for fiscal year 2001 for the Na- the Department of Energy’s findings at 9:30 a.m. tional Aeronautics and Space Adminis- the Gaseous Diffusion Plant in Padu- Appropriations tration. cah, Kentucky, and plans for cleanup Interior Subcommittee SD–138 at the site. To hold hearings on proposed budget es- Energy and Natural Resources SD–366 timates for fiscal year 2001 for the De- To hold hearings on S. 282, to provide partment of Energy. that no electric utility shall be re- APRIL 4 SD–138 quired to enter into a new contract or 9:30 a.m. 10 a.m. obligation to purchase or to sell elec- Appropriations Energy and Natural Resources tricity or capacity under section 210 of Interior Subcommittee To hold hearings on S. 282, to provide the Public Utility Regulatory Policies To hold hearings on proposed budget es- that no electric utility shall be re- Act of 1978; S. 516, to benefit consumers timates for fiscal year 2001 for the Bu- quired to enter into a new contract or by promoting competition in the elec- reau of Indian Affairs and Office of the obligation to purchase or to sell elec- tric power industry; S. 1047, to provide Special Trustee, Department of the In- tricity or capacity under section 210 of for a more competitive electric power terior. the Public Utility Regulatory Policies industry; S. 1284, to amend the Federal Power Act to ensure that no State may SD–138 Act of 1978; S. 516, to benefit consumers establish, maintain, or enforce on be- 10 a.m. by promoting competition in the elec- Appropriations half of any electric utility an exclusive tric power industry; S. 1047, to provide Transportation Subcommittee right to sell electric energy or other- for a more competitive electric power To hold hearings to examine the imple- wise unduly discriminate against any industry; S. 1284, to amend the Federal mentation of the Driver’s Privacy Pro- consumer who seeks to purchase elec- Power Act to ensure that no State may tection Act, focusing on the positive tric energy in interstate commerce establish, maintain, or enforce on be- notification requirement. from any supplier; S. 1273, to amend half of any electric utility an exclusive SD–192 the Federal Power Act, to facilitate right to sell electric energy or other- the transition to more competitive and wise unduly discriminate against any APRIL 5 efficient electric power markets; S. consumer who seeks to purchase elec- 1369, to enhance the benefits of the na- 9:30 a.m. tric energy in interstate commerce tional electric system by encouraging Appropriations from any supplier; S. 1273, to amend and supporting State programs for re- Interior Subcommittee the Federal Power Act, to facilitate newable energy sources, universal elec- To hold hearings on proposed budget es- the transition to more competitive and tric service, affordable electric service, timates for fiscal year 2001 for the De- efficient electric power markets; S. and energy conservation and efficiency; partment of the Interior. 1369, to enhance the benefits of the na- S. 2071, to benefit electricity con- SD–124 tional electric system by encouraging sumers by promoting the reliability of Indian Affairs and supporting State programs for re- the bulk-power system; and S. 2098, to To hold hearings on S. 612, to provide for newable energy sources, universal elec- facilitate the transition to more com- periodic Indian needs assessments, to tric service, affordable electric service, petitive and efficient electric power require Federal Indian program evalua- and energy conservation and efficiency; markets, and to ensure electric reli- tions. S. 2071, to benefit electricity con- ability. SR–485 sumers by promoting the reliability of SH–216 10 a.m. the bulk-power system; and S. 2098, to 2:30 p.m. Appropriations facilitate the transition to more com- Energy and Natural Resources Defense Subcommittee petitive and efficient electric power Forests and Public Land Management Sub- To hold hearings on proposed budget es- committee markets, and to ensure electric reli- timates for fiscal year 2001 for the De- To hold hearings on S. 2034, to establish ability. partment of Defense, focusing on Army the Canyons of the Ancients National SH–216 programs. Conservation Area. SD–192 SD–366

VerDate Aug 04 2004 13:09 Aug 12, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 0634 E:\BR00\E27MR0.000 E27MR0 3666 EXTENSIONS OF REMARKS March 27, 2000 APRIL 26 CANCELLATIONS Health, Education, Labor, and Pensions 10 a.m. To hold hearings on medical records pri- Appropriations MARCH 29 vacy. SD–430 Defense Subcommittee 9:30 a.m. To hold hearings on proposed budget es- Energy and Natural Resources timates for fiscal year 2001 for the De- Business meeting to consider pending APRIL 19 partment of Defense. calendar business. 9:30 a.m. SD–192 SD–366 Indian Affairs Business meeting to consider pending SEPTEMBER 26 POSTPONEMENTS calendar business; to be followed by 9:30 a.m. hearings on S. 611, to provide for ad- ministrative procedures to extend Fed- Veterans’ Affairs MARCH 30 To hold joint hearings with the House eral recognition to certain Indian 10 a.m. Committee on Veterans’ Affairs on the groups. Health, Education, Labor, and Pensions SR–485 Legislative recommendation of the Business meeting to consider pending American Legion. calendar business. 345 Cannon Building SD–430

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