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

Vol. 144 WASHINGTON, WEDNESDAY, MARCH 25, 1998 No. 35 House of Representatives The House met at 10 a.m., and was Pursuant to clause 1, rule I, the Jour- offenses of the war in Tunisia, Sicily, called to order by the Speaker pro tem- nal stands approved. Naples-Foggia, Po Valley, the Northern pore (Mr. SHIMKUS). f Apennines, the Balkans, Rome-Arno, f and southern France. PLEDGE OF ALLEGIANCE DESIGNATION OF THE SPEAKER Following his discharge in 1945, Rev- The SPEAKER pro tempore. Will the PRO TEMPORE erend Eisenhart entered the Lutheran gentleman from Kentucky (Mr. LEWIS) Theological Seminary at Mount Airy, The SPEAKER pro tempore laid be- come forward and lead the House in the Pennsylvania, where he received a fore the House the following commu- Pledge of Allegiance. bachelor of divinity degree in May 1948 nication from the Speaker: Mr. LEWIS of Kentucky led the and he was ordained into the Gospel of WASHINGTON, DC, Pledge of Allegiance as follows: Ministry of the United Lutheran March 25, 1998. I pledge allegiance to the Flag of the Church of America. He continued his I hereby designate the Honorable JOHN United States of America, and to the Repub- graduate studies to earn a master of SHIMKUS to act as Speaker pro tempore on lic for which it stands, one nation under God, sacred theology degree in May 1952. this day. indivisible, with liberty and justice for all. NEWT GINGRICH, Four congregations have had the Speaker of the House of Representatives. f privilege of being ministered by Rev- f ANNOUNCEMENT BY THE SPEAKER erend Eisenhart prior to his retirement in 1982. PRAYER PRO TEMPORE The SPEAKER pro tempore. The In retirement, Reverend Eisenhart’s Reverend Henry E. Eisenhart, Na- desire to serve has not diminished. He tional Chaplain, The American Legion, Chair will recognize 15 1-minutes on each side. is a 36-year member of the Wallace Wil- Washington, D.C., offered the following lard Keller American Legion Post 232 f prayer: and he has been Post Chaplain since Almighty God, we stand before You INTRODUCING GUEST CHAPLAIN, 1963. Additionally, he has served as in prayer, entreating Your presence in REVEREND HENRY E. EISENHART Pennsylvania State Chaplain of the this House of Representatives. American Legion from 1989 to 1997. He We thank You for America, for the (Mr. GREENWOOD asked and was given permission to address the House was named chairman of the Patriotic privileges we have, the rights we cher- Religious Memorial Service for the ish, the freedoms we enjoy. Bless these for 1 minute.) Mr. GREENWOOD. Mr. Speaker, I 75th National Convention of the Amer- Representatives while they reflect on ican Legion held in Pittsburgh, Penn- the historic past, shape our destiny rise to welcome and to introduce our guest chaplain for today, Reverend sylvania in 1993. And most recently, he today, and focus on the challenges and was appointed National Chaplain of the opportunities of a new century. Stimu- Henry Eisenhart. He is the National Chaplain of the American Legion, and I American Legion for the Legion year late them to think clearly, speak cau- 1997–1998. tiously, and act courageously on com- want to thank him for his thoughtful plex issues for the betterment of the words this morning. I am not surprised, Mr. Speaker, that people. Endow them with wisdom to Mr. Speaker, I would like to tell my he received the ‘‘Good Thing You Do legislate discreetly and discerningly colleagues a little bit about Reverend Award’’ for outstanding and dedicated for a safer and stronger Nation and for Eisenhart. He is a lifelong resident of services rendered to the Pennsylvania peace and justice in our world. Pennsylvania. He graduated from Muh- American Legion. Empower the legislators not only lenberg College with a bachelor of phi- It is fitting this morning that we upon what they are doing, but also losophy degree in 1942, and he was in- honor Reverend Eisenhart for his life- upon what they ought to be doing for ducted into the United States Army long devotion to serving his country, God and country. Amen. Corps, where he served with honor and his community, and for his untiring f with distinction. He was part of the service to the Word of the Lord. landing at Oran, North Africa on Janu- It is, thus, with great pleasure that I THE JOURNAL ary 27, 1943. He was attached to the 51st welcome the Reverend Henry Eisenhart The SPEAKER pro tempore. The Troop Carrier Squadron and the 62nd to the House today and offer him Chair has examined the Journal of the Troop Carrier Group. He served val- heartfelt thanks on our behalf for lead- last day’s proceedings and announces iantly in some of the most desperate ing us in prayer this morning as our to the House his approval thereof. and critical battles, campaigns, and air guest chaplain.

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.

H1451 H1452 CONGRESSIONAL RECORD — HOUSE March 25, 1998 EXECUTIVE PRIVILEGE leagues to really put Social Security Over the next 21 days, taxpayers (Mr. DELAY asked and was given per- first by co-sponsoring a bill with me across this country will spend many mission to address the House for 1 today. sleepless nights and work countless minute.) The bill that I will be introducing ac- hours in an attempt to figure out ex- complishes two major objectives. Num- Mr. DELAY. Mr. Speaker, according actly how much of their hard-earned ber one, it provides that the money to press reports, the President has in- money must be sent to the govern- that we are borrowing from the Social voked executive privilege to avoid ex- ment. Security trust fund this next year be plaining some of his actions in the Heaven forbid the amount is off by a marketable certificates. Instead of the White House. And for the record, nei- single cent, causing the taxpayer to nonmarketable IOUs, they would be ther George Bush nor Ronald Reagan face the unbridled wrath of the IRS. marketable so we could, in effect, take Mr. Speaker, the time is now to ever invoked executive privilege during it around the corner to the local bank enact comprehensive tax reform. Sweet their tenure in the White House. anytime the Trust Fund needed that dreams, Mr. and Mrs. America. If the President is allowed to use ex- money for paying benefits. f ecutive privilege regarding current The other provision takes some of events, I can only wonder what other the surplus money and allows younger AN ACCURATE COUNT OF EVERY ways would he use executive privilege. workers on a ten year pilot to invest AMERICAN IS ESSENTIAL IN THE Would he cite executive privilege to some of that surplus money in their YEAR 2000 CENSUS avoid explaining his plans to spend the own 401(k)—Thrift savings-type retire- (Mr. DAVIS of Illinois asked and was surplus? When people ask him his real ment accounts. That will help in the given permission to address the House thoughts about cutting taxes, will he long term to keep Social Security sol- for 1 minute.) simply say executive privilege? And vent and let these workers accrue more Mr. DAVIS of Illinois. Mr. Speaker, when it comes to his opposition to edu- wealth than they would have under the as we prepare to take the census in the cation savings accounts, the President current system. year 2000, I want to take just a moment could cite executive privilege. It is bet- Mr. Speaker, I invite my colleagues and underscore the importance of this ter than admitting he is a pawn of the to look at this bill and consider co- issue. I also want to commend and con- teachers’ unions. sponsorship. gratulate the gentlewoman from New Mr. Speaker I urge the President to f York (Mrs. MALONEY) for her leader- rethink his use of executive privilege. ship in keeping this issue before the CONGRESS BETTER START DOING It sets a terrible precedent. American people. SOMETHING ABOUT JOBS f Mr. Speaker, let us remember that (Mr. TRAFICANT asked and was every person must count; therefore, DEMOCRATS OFFER REAL given permission to address the House every effort must be made to count CAMPAIGN FINANCE REFORM for 1 minute and to revise and extend each and every citizen. We must be (Mr. PALLONE asked and was given his remarks.) able to avoid the massive undercounts permission to address the House for 1 Mr. TRAFICANT. Mr. Speaker, every that we experienced during the past 2 minute.) day the American people are told how decades, especially among poor and mi- Mr. PALLONE. Mr. Speaker, the Re- great the economy is. I do not buy it. nority population groups. Just as we publican leadership has scheduled a Let us check the scoreboard. In 1995 have been able to count the huge sham campaign finance reform bill for 900,000 Americans filed for bankruptcy. crowds that have turned out to greet consideration this week. The Repub- In 1996 1,100,000 filed for bankruptcy. the President on his visit to Africa, we lican bill would not achieve reform And last year 1,400,000-plus filed for must be able to count each and every even if it passed. But the Republicans bankruptcy. Total bustout citizen of this country. have include a poison pill, an antilabor ‘‘morgueville,’’ belly up. A 20 percent Sampling is the most effective way, provision, just to make sure that the increase in one year. the most cost-conscious way, and the bill does not pass. What is worse, our kids are moving most assured way that will let us make The GOP campaign finance charade to Mexico to find work. They cannot it happen. would allow wealthy individuals to find it around here. Take Boeing, for f example, please. They laid off 18,000 contribute more money. It would make b it more difficult for workers to orga- workers since December. What is next, 1015 nize and for the National Labor Rela- Congress? Will we be told that El Nino TIME FOR VICE PRESIDENT TO tions Board to stop employers from is good for the economy? COME CLEAN ABOUT FUND-RAIS- violating labor laws. Beam me up. ING EVENT Mr. Speaker, I think Congress better Democrats, on the other hand, will start doing something about jobs in (Mr. PITTS asked and was given per- offer a substitute bill, essentially the America. mission to address the House for 1 McCain-Feingold legislation that in- f minute and to revise and extend his re- cludes real reform, including a ban on marks.) soft money. Democrats offer real re- AMERICAN TAXPAYERS’ MOST Mr. PITTS. Mr. Speaker, it is time form that gives average working fami- DREADED DAY: APRIL 15 for a little quiz. What is the difference lies an equal voice in the political sys- (Mr. GIBBONS asked and was given between a community outreach event tem and limits the influence of permission to address the House for 1 and a fund-raiser? We really would like wealthy special interests in our politi- minute and to revise and extend his re- to know. But maybe the Vice President cal process. marks.) can help us. How about this one? What f Mr. GIBBONS. Mr. Speaker, the is the difference between a finance-re- countdown is on. The tax clock is tick- lated event and a fund-raiser? Or how REALLY PUT SOCIAL SECURITY ing. The nightmare of all nightmares about the difference between an event FIRST to American workers: The tax man is for donor maintenance and a fund-rais- (Mr. SMITH of Michigan asked and coming. er? was given permission to address the That is right. Just 3 short weeks It is a time for the Vice President to House for 1 minute and to revise and from today is the American taxpayers’ come clean about the legal event, extend his remarks.) most dreaded day: April 15. This day whatever euphemism we want to use to Mr. SMITH of Michigan. Mr. Speak- looms on the calendar each year as an describe it, that was held on April 29, er, I would like to compliment the ominous reminder of the crushing bur- 1996, in California. Maybe the Vice President for saying let us put Social den of the current Federal Tax Code. President can help us with the problem Security first. I would like to com- And while the IRS smiles behind closed we are having trying to understand pliment Senator MOYNIHAN for moving doors, American workingmen and how an event organized by Maria Hsia, the solutions of this issue to the front women are struggling to keep pace who is a fund-raiser, which raised burner. I would like to invite my col- with an out-of-control Federal agency. $55,000, is not a fund-raiser? March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1453 Mr. Speaker, we do not need an MBA, PROFESSIONAL FOOTBALL TEAM corrupt culture that is alien to every we do not need a CPA, we do not need IN HOUSTON tried and tested moral structure that a Ph.D. in economics to see when a pro- (Mr. GREEN asked and was given traditionally has undergirded our Na- fessional fund-raiser raises $55,000 at a permission to address the House for 1 tion. finance-related event we are talking minute and to revise and extend his re- f about a fund-raiser. marks.) NATIONAL DO-NOTHING DAY ON Leaving the shredded documents and Mr. GREEN. Mr. Speaker, the owners CAMPAIGN FINANCE REFORM money laundering aside, what exactly of the National Football League voted (Mr. DOGGETT asked and was given is the Vice President’s explanation Monday to provide Cleveland with an about this sordid affair? permission to address the House for 1 expansion franchise, the 31st NFL minute.) f team. The Cleveland team will be Mr. DOGGETT. Mr. Speaker, without known as the Browns and will begin a doubt, this Congress today can go CAMPAIGN FINANCE REFORM playing in 1999. down in history as the biggest do-noth- (Ms. KILPATRICK asked and was Congratulations to Cleveland and the ing Congress in memory. It has done given permission to address the House gentleman from Ohio (Mr. STOKES); less work on this floor in 3 months for 1 minute and to revise and extend they are finally going to get a football than the ordinary American would do her remarks.) team. Last year the gentleman from in 3 weeks. Indeed, if we really think Ms. KILPATRICK. Mr. Speaker, last Ohio introduced H.R. 2699 after losing about all the important issues that week the Committee on House Over- their professional football team. He have been taken up here, this Congress sight, of which I am a member, re- wanted to protect cities from losing could have met for 3 days and gone ported out a bill called campaign fi- their professional sports teams. I co- home. nance reform. What a sham. The bill, sponsored this bill. Having achieved the ability to do among other things, increases the lim- Sports are a way in which people nothing better than anyone else no- its that an individual could give a identify with their hometown and take ticed in this country, this Gingrich party from $20,000 to $60,000. Now, who pride in their hometown. As a Member Congress will tomorrow declare ‘‘Na- does that benefit? of Congress from Houston, we also lost tional Do-Nothing Day’’ on campaign I put an amendment in at that time, our team last year. When we think of finance reform. I see for years they and will again on the floor if the Com- Houston, we think of oil. We think have been promising to do something mittee on Rules allows, to strike sec- maybe of the Houston Oilers. Do we to fix the corrupting influence of cam- tion 1, which would ban labor unions really think of the Tennessee Oilers? paign dollars, and tomorrow they will devote a couple of hours to talking and nonprofits from educating their Houston is the fourth largest city. about it and then doing nothing. They people, their members, on what Federal There should be a professional football have cut off any real debate on propos- legislation and otherwise they need to team in Houston. I hope the NFL own- als, not only of Democrats, but some of know about before they vote. ers will even the number to number 32 the Republicans who came forward How is that campaign finance reform, and approve an expansion team to with specific proposals to fix this per- campaign finance reform that the peo- Houston. Again, congratulations to Cleveland. verted, broken system. ple want to take all the money out, This Gingrich Congress defends doing $600 million raised last year, soft Hopefully, with this example of an ex- pansion franchise, we might just see it the same old way to let the tobacco money and hard money from the Re- companies come in here and dump bil- publican Party, $60 million from Demo- another football team in Houston again soon. lions of dollars into this corrupt sys- crats, Republicans and Democrats. Too tem. f much money. f American voters want to participate TIME FOR AMERICA TO CRY OUT TIME FOR CONGRESS TO CUT and they do not want to have to have AND PRAY FOR HER CHILDREN $75,000 to do so. MORE SPENDING, CUT MORE (Mr. LEWIS of Kentucky asked and WASTE, ELIMINATE MORE BU- f was given permission to address the REAUCRACY House for 1 minute and to revise and (Mr. HEFLEY asked and was given TIME TO SCRAP AMERICAN TAX extend his remarks.) CODE permission to address the House for 1 Mr. LEWIS of Kentucky. Mr. Speak- minute.) (Mr. CHABOT asked and was given er, it is time for America to weep and Mr. HEFLEY. Mr. Speaker, the only permission to address the House for 1 mourn. It is time for America to cry outrages bigger than those coming out minute.) out for her children. ‘‘A voice was of the West Wing of the White House Mr. CHABOT. Mr. Speaker, an Amer- heard,’’ as Jeremiah said in the Old are those coming out of the left wing of ican who goes abroad can brag about a Testament, ‘‘in Ra’mah, lamentation, the White House. Just listen to their lot of things about our country, but and bitter weeping; Rachel weeping for latest warning about letting people one thing he cannot brag about is the her children because they were no keep a little more of their own money. American Tax Code. more.’’ The White House, only 2 years after Mr. Speaker, just look at what has Mr. Speaker, Jonesboro, Arkansas, is calling Republicans extremist for happened over the last 75 years. Back the third small community in recent wanting to balance the budget and cut in 1913, the Tax Code was 14 pages. Now months to experience a tragedy of taxes at the same time, now thinks it is 3,500 pages. From 14 pages to 3,500 wholesale slaughter where children are that the tax cuts would be dangerous, pages. That is not progress in my book. killing children. Yes, Mr. Speaker, it is irresponsible, and bad policy. This is The Tax Code is 3,500 pages of incom- time for America to cry out and pray the same White House that has pro- prehensible regulations, exemptions, for her children. posed billions and billions of dollars in loopholes and other absurdities just to Every day almost 3,000 teenage girls new spending programs in their latest figure out how much we, as citizens, get pregnant, over 1,000 teenage girls budget. owe Uncle Sam. have abortions, over 4,200 teenagers Can anyone please tell me why it is I suspect that an American who goes contract a sexually transmitted dis- that multibillion dollars of new spend- abroad will have a long list of things to ease, 135,000 children carry guns or ing programs will not endanger the bal- be proud of, but that list will not in- other weapons to school, 10 children anced budget, but tax cuts will? Can clude our Tax Code. The Tax Code is are killed by guns, 6 teenagers commit anyone please explain to me why Con- not logical. It is virtually incompre- suicide, and 211 children are convicted gress should not cut more spending, hensible and it is not fair. It is time to of drug use, every single day. cut more waste, eliminate more bu- scrap the Tax Code in favor of a simple, It is time for all of us who call our- reaucracy so that American families low tax rate that will be the envy of selves Americans and love our children might be able to keep more of their the world. to be outraged, outraged at a morally own money? H1454 CONGRESSIONAL RECORD — HOUSE March 25, 1998 The tax package Congress passed last CAMPAIGN FINANCE REFORM paign finance reform bill. It comes to year was only a first step. It is time for (Mr. SNYDER asked and was given the floor tomorrow. The fix is in. It is us to take more steps in that direction. permission to address the House for 1 not bipartisan. It is not reform. It is f minute.) designed to fail. ‘‘SO-CALLED’’ CAMPAIGN FINANCE Mr. SNYDER. Mr. Speaker, a year This Republican leadership bill at- BILL ago many people in this House, in a bi- tacks unionized workers, it triples partisan fashion, adopted the principle what wealthy individuals can give to (Ms. DELAURO asked and was given permission to address the House for 1 of let us do the doable, and began talk- candidates who are political parties in minute and to revise and extend her re- ing about putting together bipartisan hard money. They say it bans soft marks.) campaign finance reform bills that deal money, but they are wrong. It does not. Ms. DELAURO. Mr. Speaker, I hope with the problem of the large soft It allows the soft money races to go on the Republican majority does not money donations. Instead, the Repub- at the State party level. The Freshman think that they can actually pass off lican leadership has adopted the prin- Task Force developed a bipartisan bill. their ‘‘so-called’’ campaign finance bill ciple of let us kill the killable, and will It was a good bill. The Republican lead- as genuine reform. The American peo- put up a bill tomorrow that is a bill in ership will not let it come to the floor. ple are much smarter. All they have to name only, campaign finance reform. Mr. Speaker, the fix is in. Vote do is pick up the morning papers where They have put in provisions that against the Republicans so-called cam- newspaper editorial boards are calling have caused the League of Women Vot- paign reform bill when it comes up to- their bluff. ers to call it a travesty, Common Cause morrow. The New York Times titles their to call it a hoax, the Washington Post piece ‘‘Campaign Finance Charades’’ to call it a mockery, and the New York f and says, ‘‘Next, GINGRICH has a plan to Times to call it a charade. snooker Americans yearning for a This Republican bill is not leader- DREAM OF A DRUG-FREE cleanup of their corrupt election fi- ship, it is not campaign finance reform, AMERICA nance system.’’ it is an embarrassment to this House. The Times calls this bill ‘‘sham legis- f (Ms. GRANGER asked and was given lation dressed up to look like reform.’’ permission to address the House for 1 The Times is not alone. The Washing- TAX RELIEF FOR MIDDLE-CLASS minute.) ton Post editorial, titled ‘‘Mocking AMERICANS Ms. GRANGER. Mr. Speaker, the Campaign Reform’’ says, ‘‘The leader- (Mr. TIAHRT asked and was given poet Carl Sandburg once wrote that ship has put together a mock reform permission to address the House for 1 ‘‘Nothing happens unless first a bill to create the impression of action, minute and to revise and extend his re- dream.’’ but none of the risk.’’ marks.) We can go on and on and on. The Mr. TIAHRT. Mr. Speaker, the Re- Today, as we confront the issue of League of Women Voters, Common publican Party stands for tax relief for drugs, I urge my colleagues to dream of Cause, every public group that has fo- working Americans. We know middle- a nation without drugs. Imagine cused in on trying to clean up the cam- class families are getting killed by schools where our children are not told paign finance reform system agrees paying 50 percent of their income in di- it is cool to be high. Imagine streets that the Republican proposal is a rect and indirect tax, and what they where drug pushers are nowhere to be sham. get in return for those taxes suggests seen. And imagine a world where the Let us pass McCain-Feingold II. that the Government mocks their hard scourge of drugs has been eliminated f work that went into the earning of for good forever. TAX REFORM their wages. The issue of drugs deserves our im- But the possibility of enacting mid- mediate attention. In the 1990s, teen- (Mr. KNOLLENBERG asked and was dle-class tax relief this year appears to age drug use has nearly doubled. Near- given permission to address the House be quite remote. The reason is because ly half of all 17-year-olds in our com- for 1 minute.) Mr. KNOLLENBERG. Mr. Speaker, the President and the liberals here in munities today say they can buy mari- when considering the tax burden im- the House refuse to cut spending. They juana within an hour. That is not a posed on the American people today, I refuse the means by which tax cuts are problem. That is a crisis. am reminded of an observation that put on the table. The good news is that today commu- was made by Mark Twain: ‘‘What’s the The President and his liberal allies in nities all across America are beginning difference between a taxidermist and a Congress do not believe that any more to dream again and families are begin- tax collector? The taxidermist takes can be cut from the $1.7 trillion budget, ning to hope again. Why? Simply be- only your skin.’’ for they believe all those wonderful, cause millions of American families According to the nonpartisan Tax big government programs are more im- are more determined than ever to win Foundation, the average American portant than giving middle-class fami- the war on drugs. I believe our dream family is now paying more in taxes lies some real tax relief; and they do of a drug-free America can become a than they spend on food, clothing, and not want to offend their special inter- reality if we pursue a strategy based on shelter combined. That, I believe, is an ests that keep them in power. simple principles. First, face the re- outrage. Working families should be al- Mr. Speaker, I think it is time to put ality of drugs. the average middle-class American be- lowed to take care of their basic needs Principles such as empowering families to before being required to finance the fore the special interests. Let us rid the Government of more wasteful pro- effectuate change. And principles such as pro- whims of politicians. tecting the victims and punishing the criminals. Last year’s tax cut did improve the grams and fight for tax relief for mid- situation, but more work needs to be dle-class Americans. Mr. Speaker, the drug crisis is real and ris- done. If we exercise the courage and f ing. But I have always believed that what is discipline to cut wasteful spending and wrong with America can be cured by all that make the Federal Government more ef- THE FIX IS IN is right with America. And that's why I am so ficient, the American people can have (Mr. ALLEN asked and was given pleased to be a member of the Speaker's some of their money back. permission to address the House for 1 Task Force for a Drug Free America. Mr. Speaker, let us do the right minute and to revise and extend his re- I believe the war on drugs is one that can thing. Let us cut taxes again, this time marks.) be won, must be won, and will be won, if only for everybody, so working Americans Mr. ALLEN. Mr. Speaker, the fix is we have the courage to dream of a drug-free can then keep more of their hard- in. After the Republicans have spent America. Together, we can save America from earned money. They can spend their millions of dollars in campaign finance the scourge of drugs. One day at a time. One money better than we can. Let us allow investigations, now the Republican neighborhood at a time. And one child at a them to do so. leadership has crafted their own cam- time. March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1455 LET US GET REAL CAMPAIGN FI- the House for 1 minute and to revise should have to suffer this way. I beg NANCE REFORM OUT ON THE and extend her remarks.) every parent with a gun in the home FLOOR Ms. MCCARTHY of Missouri. Mr. and every gun manufacturer to please, (Mr. HINCHEY asked and was given Speaker, our guest chaplain today please listen. permission to address the House for 1 called upon us to find the courage to There are two ways that children get minute.) make the tough decisions before us for a gun. They either take it from their Mr. HINCHEY. Mr. Speaker, the the sake of the American people. A home without their parents’ knowledge American people and most of the Mem- timely blessing indeed, for this week or they steal it from a neighbor. You bers of this Congress agree that the we will consider campaign finance re- lock your car. You lock your home. most important issue currently facing form. You should lock your gun. Every gun our country is reforming the way we fi- I support a bipartisan measure to re- should be sold with a childproof trigger nance campaigns. Earlier this year, the form the process. But the Republican safety lock that only the parents know Senate defeated campaign finance re- leadership will present us with a very how to unlock. form when the leadership over there partisan campaign finance measure A borrowed gun, a stolen gun should engaged in a filibuster. Now the leader- which contains some of the very worst be a harmless gun. Please, make your ship in this House is bringing a bill to ideas on campaign finance reform. The gun useless to others. Make it harmless the floor which is a complete hoax. so-called Paycheck Protection Act is with a trigger lock. I am asking every Here is what Common Cause has to completely unbalanced and will not parent who owns a gun to purchase a say about the bill. ‘‘Under the Repub- work. The Voter Eligibility Verifica- trigger lock today and make your gun lican leadership bill, tobacco compa- tion Act discriminates against voters, safe. I am asking all gun manufactur- nies could continue to launder soft is deeply flawed, is not needed, will not ers to include a trigger lock with every money through the State parties in work and has nothing to do with cam- gun sale. order to influence Federal elections, as paign finance reform. f they did in 1996. And under the Repub- The Republican bill also does nothing lican leadership bill, medium mogul to ban soft money and raises contribu- SUPPORT SCHOOL CONSTRUCTION Rupert Murdoch could again run $1 tion limits for donations to Federal BILL million in soft money through the Cali- candidates. This bill takes a giant step (Mr. ETHERIDGE asked and was fornia Republican party, as he did dur- in the wrong direction. This has been given permission to address the House ing the 1996 campaign while he was called a charade, a sham. Mr. Speaker, for 1 minute and to revise and extend seeking favorable treatment in Wash- let us vote on the real thing for the his remarks.) ington on Federal communications leg- sake of the American people. Mr. ETHERIDGE. Mr. Speaker, I rise islation.’’ He succeeded, by the way. f today to call on my colleagues to join The great Republican Abraham Lin- me to pass legislation to build new coln said, ‘‘You can’t fool all the people THE STATE OF NATIONAL schools for all of education and for all all the time.’’ Let us stop fooling SECURITY of our children. Yesterday I taught a around and get real campaign finance (Mr. CUNNINGHAM asked and was class to a group of sixth graders in reform out here on the floor. given permission to address the House Terrell Lane Middle School in f for 1 minute.) Louisburg in my district. It was part of b 1030 Mr. CUNNINGHAM. Mr. Speaker, my Give a Teacher a Break program. yesterday the Committee on Appro- As superintendent for 8 years of my FAIRNESS FOR SMALL BUSINESS priations went forth on, quote, emer- State schools, I know I probably have AND EMPLOYEES ACT gency supplementals in different areas. spent more time in public schools than (Mr. KINGSTON asked and was given One was for IMF, the other was U.N., any other Member of this Congress. I permission to address the House for 1 one for emergency spending, and the know what it takes to improve edu- minute and to revise and extend his re- state of defense. Let me talk about the cation for our children. marks.) state of defense. Mr. Speaker, we must make the in- Mr. KINGSTON. Mr. Speaker, how In 30 years, Mr. Speaker, our na- vestment necessary to strengthen our absurd are things in America today. tional security is the worst and the public schools. We must provide re- Try this. Today we will vote on a bill lowest I have ever seen it. We have got- sources to assist our communities in that requires employees who work for a ten there because Somalia, Haiti and the drowning enrollment growth they company to actually spend 50 percent Bosnia policies set forward were not are facing. And we must have the fore- of their daily job working for that com- pany. You heard me. Under this legisla- paid for. They have cost $16 billion out sight to target these funds to the areas tion, if you work for Wal-Mart, you of an already low defense budget. Those that we know will experience tremen- must spend half your weekly 40 hours, dollars come out of operation and dous growth of the baby boom echo in 20 hours a week, actually working for maintenance of a 1950s budget. the near future. I am drafting school Wal-Mart. The other problems that we have in construction legislation that will ac- Think about that. When I was a kid, emergency spending, we have got to complish these goals. My bill will pro- my dad made me cut the grass. What find some offsets for those. It is going vide $7.2 billion in school construction would he have done if I cut half of it to be difficult in the upcoming weeks for States and communities that are and then we went fishing? That would to find those offsets so we do not break growing. My bill will be paid for by the have been a lively conversation. What the budget. Alan Greenspan has said if same offset others would use to finance if you were at a restaurant and the we break the budget caps, then the their risky private school voucher waitress served half the people that economy we have, the interest rates scheme. you are eating with. Or what if a foot- and everything else is going to go f down. We need to work together to find ball player on a breakaway punt return CAMPAIGN FINANCE REFORM those offsets, Mr. Speaker. crosses the 50-yard line and stops for a SCAM coffee break? f The idea is ridiculous. But listen to (Mr. LEWIS of Georgia asked and was ALL GUNS SHOULD HAVE given permission to address the House this. The Democrats oppose it. H.R. TRIGGER LOCKS 3246 is not even a reality check, but a for 1 minute.) halfway measure to correct a half- (Mr. SCHUMER asked and was given Mr. LEWIS of Georgia. Mr. Speaker, baked idea that a half-brained Wash- permission to address the House for 1 here is what the New York Times has ington bureaucrat botched all the way. minute and to revise and extend his re- to say about the campaign finance re- f marks.) form bill Republicans will bring to the Mr. SCHUMER. Mr. Speaker, our House floor this week: ‘‘Newt Gingrich CAMPAIGN FINANCE BILL thoughts and our tears and our prayers has a plan to snooker Americans (Ms. MCCARTHY of Missouri asked are with the families of Jonesboro, Ar- yearning for a cleanup of their corrupt and was given permission to address kansas. No parent, no child, no school election finance system.’’ H1456 CONGRESSIONAL RECORD — HOUSE March 25, 1998 Here is what the Republican bill will not exceed one hour equally divided and con- announced on the House floor that the do, among other things. It would in- trolled by the chairman and ranking minor- rule for the copyright extension bill crease the amount of money rich indi- ity member of the Committee on the Judici- may require the preprinting of amend- viduals could contribute to a candidate ary. After general debate the bill shall be ments. I believe that this was ample considered for amendment under the five- from $1,000 to $2,000. It would increase minute rule. It shall be in order to consider notice to Members who are interested the amount of money a rich individual as an original bill for the purpose of amend- in offering amendments on this meas- could contribute to a political party ment under the five-minute rule the amend- ure. from $20,000 to $60,000, and it would in- ment in the nature of a substitute rec- In 1995, the European Union extended crease the total amount a rich individ- ommended by the Committee on the Judici- the copyright term for all of its mem- ual could contribute to candidates and ary now printed in the bill. The committee ber states by 20 years, from life of the parties from $25,000 to $75,000; $1,000 to amendment in the nature of a substitute author plus 50 years to life of the au- $2,000, $20,000 to $60,000, $25,000 to shall be considered as read. No amendment thor plus 70 years. Therefore, this is to the committee amendment in the nature $75,000. of a substitute shall be in order unless print- not a new issue. As the leader in the That is the Republican campaign fi- ed in the portion of the Congressional Record export of intellectual property, I think nance reform. If you think there is not designated for that purpose in clause 6 of it is important that the United States enough money in politics, this is the rule XXIII. Points of order against the extend the copyright term as well. campaign finance reform bill for you. amendment printed in the Congressional The rule waives points of order This bill is a scam, it is a sham, it is Record and numbered 1 pursuant to clause 6 against the amendment by the gen- a shame and a disgrace. The Repub- of rule XXIII for failure to comply with tleman from Wisconsin (Mr. SENSEN- clause 7 of rule XVI are waived. The chair- lican majority ought to be embarrassed BRENNER) printed in the CONGRESSIONAL man of the Committee of the Whole may: (1) to bring this bill to the floor. postpone until a time during further consid- RECORD and numbered 1 for failure to f eration in the Committee of the Whole a re- comply with clause 7 of rule XVI which quest for a recorded vote on any amendment; prohibits nongermane amendments. CAMPAIGN FINANCE REFORM and (2) reduce to five minutes the minimum The Sensenbrenner amendment in- (Mr. TIERNEY asked and was given time for electronic voting on any postponed volves an issue that has some degree of permission to address the House for 1 question that follows another electronic vote controversy, dealing with songwriters, without intervening business, provided that minute and to revise and extend his re- restaurants and small businesses. How- the minimum time for electronic voting on ever, to be fair to those with other marks.) the first of any series of questions shall be 15 Mr. TIERNEY. Mr. Speaker, the mo- minutes. At the conclusion of consideration viewpoints on the issue, it will be pos- ment of truth is upon us. It is show- of the bill for amendment the Committee sible for Members who wish to amend down time today in the Rules Commit- shall rise and report the bill to the House the Sensenbrenner amendment to be tee on campaign finance reform. with such amendments as may have been able to do so without any special pro- Last November, the Speaker of this adopted. Any Member may demand a sepa- tections. House promised the House a very fair rate vote in the House on any amendment In addition, the rule provides for the adopted in the Committee of the Whole to bipartisan vote on campaign finance Chairman of the Committee of the the bill or to the committee amendment in Whole to postpone votes during the reform. The question is, will the Com- the nature of a substitute. The previous mittee on Rules live up to that promise question shall be considered as ordered on consideration of the bill and to reduce when it meets today? the bill and amendments thereto to final votes to 5 minutes on a postponed ques- Certainly, Mr. Speaker, the deck passage without intervening motion except tion if the vote follows a 15-minute against passing reform is stacked. The one motion to recommit with or without in- vote. bill that the Republicans are putting structions. Finally, Mr. Speaker, the rule pro- forth today is in no way reform. It is in The SPEAKER pro tempore (Mr. vides for one motion to recommit, with fact deform. We will not have a chance SHIMKUS). The gentleman from Florida or without instructions. to vote on real reform nor will we have (Mr. DIAZ-BALART) is recognized for 1 Mr. Speaker, I believe House Resolu- a chance to vote on anything but a hour. tion 390 is fair rule. It is a modified half-baked concoction of campaign fi- Mr. DIAZ-BALART. Mr. Speaker, for open rule for the consideration of H.R. nance deforms that are going to be of- the purpose of debate only, I yield the 2589, the Copyright Term Extension fered to us in a so-called Thomas bill. customary 30 minutes to the gen- Act. I believe the underlying bill is Just this week the chairman of the tleman from Texas (Mr. Frost), pending very important. As for the music issue, Rules Committee indicated that he which I yield myself such time as I I think Members will have the oppor- wants to allow a vote on a substantive may consume. During consideration of tunity to vote for the amendment by campaign finance bill in addition to this resolution, all time yielded is for the gentleman from Wisconsin or alter- the Thomas bill. I urge the Speaker, I the purpose of debate only. natives proposed by other Members. I urge the Rules Committee, to fulfill Mr. Speaker, House Resolution 390 is think this is a judicious way to handle the promises that have been made last a modified open rule providing for the the issue. I urge my colleagues to sup- fall. Give us a fair bipartisan vote on consideration of H.R. 2589, the Copy- port this rule. campaign finance reform. right Term Extension Act. The purpose I commend the gentleman from Illi- of this legislation is to extend the term nois (Mr. HYDE) and the gentleman f of copyright protection in all copy- from North Carolina (Mr. COBLE) for COPYRIGHT TERM EXTENSION ACT righted works, that have not fallen their hard work on H.R. 2589 and would into the public domain, by 20 years. urge my colleagues to support both Mr. DIAZ-BALART. Mr. Speaker, by House Resolution 390 provides for 1 this open rule and the underlying bill. direction of the Committee on Rules, I hour of general debate to be equally di- In conclusion, Mr. Speaker, House call up House Resolution 390 and ask vided and controlled by the chairman Resolution 390 is a fair rule. I urge its for its immediate consideration. and ranking minority member of the adoption. The Clerk read the resolution, as fol- Committee on the Judiciary. Mr. Speaker, I reserve the balance of lows: The rule makes in order the amend- my time. H. RES. 390 ment in the nature of a substitute rec- b 1045 Resolved, That at any time after the adop- ommended by the Committee on the tion of this resolution the Speaker may, pur- Judiciary as an original bill for the Mr. FROST. Mr. Speaker, I yield my- suant to clause 1(b) of rule XXIII, declare the purpose of amendment and provides self such time as I may consume. House resolved into the Committee of the that it will be considered as read. Mr. Speaker, I rise in reluctant sup- Whole House on the state of the Union for The rule further provides that first- port of this rule, but I do support H.R. consideration of the bill (H.R. 2589) to amend degree amendments must be preprinted 2589, the Copyright Term Extension the provisions of title 17, United States Code, with respect to the duration of copyright, in the CONGRESSIONAL RECORD. This Act. H.R. 2589 seeks to provide impor- and for other purposes. The first reading of will facilitate their prompt consider- tant protections for American copy- the bill shall be dispensed with. General de- ation. Last Wednesday, March 18, the right holders in the world marketplace. bate shall be confined to the bill and shall chairman of the Committee on Rules This legislation will extend the term of March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1457 copyright protection for works created the Copyright Term Extension Act not do it for free. That is how they after January 1, 1978, for life of the au- quite fittingly. The underlying bill ex- earn their living. And the same thing thor plus 70 years after death, bringing tends the term of copyright for an ad- ought to apply when music is being this protection into line with the ditional 20 years, thereby permitting broadcast by one of those artists in a standard in the European Union. This copyright owners to continue to com- restaurant. If a business owner is using is an especially important protection mercially exploit works that are begin- a song writer’s property to help that for U.S. intellectual property since this ning to fall into the public domain. business, then it ought to compensate parity will ensure that American My amendment suggests the need to the person that provides, that provided works will receive copyright protection balance this generous expansion of the benefit to them, the songwriter equal to that received in European rights, which the gentleman from who is responsible for creating the countries for European-produced intel- Texas (Mr. FROST) estimates to be work. lectual property. Because European worth hundreds of millions of dollars Let us be real clear about what we countries are huge markets for U.S. in- for copyright owners, with a set of re- are discussing. The songwriter’s prop- tellectual property, this protection is forms designed to level the playing erty is just that; it is property every worth hundreds of millions of dollars field for the users of intellectual prop- bit as real as a trade name, every bit as for works produced by Americans. erty. real as the script for a movie or for a Mr. Speaker, this rule allows only for Again, I thank the Committee on new book, every bit as real as a new the consideration of any germane Rules for offering this open rule ena- phone system or a copying machine. amendments to the committee sub- bling a fair debate and an up-or-down Music is the property of the songwriter stitute which has been printed in the vote on my amendment. who created it. And when music helps CONGRESSIONAL RECORD. There is no Mr. FROST. Mr. Speaker, I yield 4 attract people to a restaurant, and reason for the preprinting requirement minutes to the gentleman from Texas that is what this is all about is the de- since the underlying bill is relatively (Mr. DOGGETT). sire of the National Restaurant Asso- free of controversy, and it is for that Mr. DOGGETT. Mr. Speaker, the ciation to take someone else’s property reason that I only reluctantly support Copyright Term Extension Act makes for free, they may not offer any free this rule. However, the rule also pro- an important correction in our existing lunch around America but they are vides for consideration of a non- law to ensure that the intellectual willing to take for free the property of germane amendment by the gentleman property of artists across this land is someone else to help them promote their profits in the restaurants. from Wisconsin (Mr. SENSENBRENNER) protected, that it is not raided and Supreme Court Justice Oliver Wen- by waiving the provisions of clause 5, misappropriated by people around the dell Holmes had it right when he wrote rule XVI against it. Further, the rule world to their benefit, without com- many years ago ‘‘It is true that music does allow for the consideration of ger- pensation to the original owner. is not the sole object, but neither is the mane amendments to the Sensen- It is therefore particularly contradic- tory and ironic that this rule will at- food. . . . The object is a repast in sur- brenner amendment, and it is antici- roundings that give a luxurious pleas- pated that the gentleman from Florida tach and permit attachment to this protection of intellectual property, ure not to be had from eating a silent (Mr. MCCOLLUM) and the gentleman meal. If music did not pay, it would be from Michigan (Mr. CONYERS) will offer what many people have come to call the Music Theft Act, a measure that is given up . . . Whether it pays or not, a substitute to the Sensenbrenner the purpose of employing it,’’ the amendment. Because these amend- a separate freestanding piece of legisla- tion that has nothing to do with copy- music, ‘‘is profit, and that is enough. ‘‘ ments relate to music licensing and And that is what is at stake here right extension, but is being attached not directly to the issue of copyright today, the right of thousands of small to the most convenient vehicle to steal protection extension, the germaneness businesspeople who are creative, who the intellectual property of thousands waiver is necessary. write music, to earn an income from of small businesspeople who are song In order that the House may proceed doing so. to consider this important legislation, writers in this land. Mr. DIAZ-BALART. Mr. Speaker, I This Music Theft Act is based on a Members should support this rule. In yield 2 minutes to a distinguished gen- very simple premise: If one cannot get the future, however, I would hope that tleman from Florida (Mr. SCAR- someone else’s property for free, then open rules might be truly open and not BOROUGH). bound by unnecessary preprinting re- pass a law to allow them to steal it Mr. SCARBOROUGH. Mr. Speaker, I quirements. from them. It is particularly ironic thank the gentleman for yielding me Mr. Speaker, I reserve the balance of that this Music Theft Act is being con- the time, and it may surprise and scare my time. sidered here on the floor of Congress at the gentleman from Texas (Mr. Mr. DIAZ-BALART. Mr. Speaker, I a time when we have just completed DOGGETT) but I actually agree with yield 2 minutes to the distinguished the great South By Southwest Music him on this issue and he is shocked. I gentleman from Wisconsin (Mr. SEN- Festival that pulled together hundreds, agree with him on several issues: on SENBRENNER). indeed thousands of people interested South By Southwest; it is an incredible Mr. SENSENBRENNER. Mr. Speak- in the music industry and what it con- festival. But more importantly, I agree er, I thank the gentleman from Florida tributes to the enjoyment of life here about what he is talking about are for giving me this 2 minutes, and also in America and how it spreads our property rights, and I think it is very thank the chairman of the Committee American culture literally around the interesting. It is usually us Repub- on Rules, the gentleman from New globe. licans hurling charges at Democrats, York (Mr. SOLOMON) for providing this In my home city, the city of Austin, saying that they do not respect prop- open rule containing a waiver which Texas, where that South By Southwest erty rights enough and that they are may be necessary to protect a process Music Festival pulled people from Socialists because they believe the supported by the chairman, the gen- around the world to enjoy and build on government and others can intervene tleman from Illinois (Mr. HYDE), and the success of our music capital, our in their own property rights. And yet I subcommittee chairman, the gen- claim to be the ‘‘loud music capital of find it to be very, very ironic today, as tleman from North Carolina (Mr. the world,’’ we have hundreds of song- we come to the floor and debate a bill COBLE), and the leadership of the writers who are small businesspeople that is going to gut the property rights House. The rule guarantees this body who rely on the income that they earn of artists, that apparently the belief on the opportunity to provide balance to from their songwriting to support the amendment actually is the belief the underlying bill, the Copyright themselves. They work hard creating a that property rights are only impor- Term Extension Act, with a modest product that all of us enjoy, and when tant if there are supporters’ property package of relief for America’s small someone else uses or enjoys their prod- rights. business. uct, they expect to make a profit just I think the gentleman talked about The supporters of fairness in music like any other business. When Joe Ely Shaun Colvin, a young songwriter. licensing, which is the subject of my or Shaun Colvin or Tish Hinojosa go Last night she performed in Washing- amendment, believe it complements downtown to play at a club, they do ton, D.C. She is 5 months pregnant, she H1458 CONGRESSIONAL RECORD — HOUSE March 25, 1998 won a Grammy; she is still struggling. consideration of the bill H.R. 2589 to for consumers. When works are pro- She is not rich, she is not wealthy; and amend the provisions of title 17, United tected by copyright, they attract in- there is going to be an attempt to States Code, with respect to the dura- vestors who can exploit the work for make these musicians out to be rich tion of copyright, and for other pur- profit. That, in turn, brings the work and famous rock star types. They are poses, with Mr. DIAZ-BALART (Chair- to the consumer who may enjoy it at a not. man pro tempore) in the chair. movie theater, at a home, in a car, or There are a lot of struggling people The Clerk read the title of the bill. in a retail establishment. Without that who have been working 15, 20, 30 years, The CHAIRMAN pro tempore. Pursu- exploitation, a work may lie dormant, working their entire life to build prop- ant to the rule, the bill is considered as never to be discovered or enjoyed. erty, intellectual property that is having been read the first time. Now, of course, copyright protection every bit as dear to them as real prop- Under the rule, the gentleman from should be for a limited time only. Per- erty in our districts. And so for us to North Carolina (Mr. COBLE) and the petual protection does not benefit soci- just gut their ability to earn a living gentleman from Massachusetts (Mr. ety. But extending the term to allow a because of problems they have done is FRANK) each will control 30 minutes. property owner to hand that property absolutely ridiculous. The Chair recognizes the gentleman down to his or her children or grand- So I thank the gentleman for his from North Carolina (Mr. COBLE). children is certainly appropriate, it statements, and I am greatly distressed Mr. COBLE. Mr. Chairman, I yield seems to me, and grants the benefits of that apparently some people in this myself such time as I may consume. exploitation for that limited time. Chamber only respect the property Mr. Chairman, I rise in support of the I urge all my colleagues, Mr. Chair- rights of nonsupporters. bill, H.R. 2589, the Copyright Term Ex- man, to vote yes on this bipartisan, Mr. DOGGETT. Mr. Speaker, will the tension Act, reported by the Commit- noncontroversial legislation. gentleman yield? tee on the Judiciary by voice vote, Mr. Chairman, I reserve the balance Mr. SCARBOROUGH. I yield to the without objection. This important and of my time. gentleman from Texas. significant bill will give to the United Mr. FRANK of Massachusetts. Mr. Mr. DOGGETT. Mr. Speaker, I am so States economy 20 more years of for- Chairman, I yield myself as much time pleased to see that not all of the con- eign sales, revenues from books, mov- as I may consume. cern for music on the Republican side ies, records, and software products sold Mr. Chairman, I am delighted to ap- is expressed by the singing Senators abroad. pear, along with the gentleman from and that there are other musicians and We are, Mr. Chairman, by far the North Carolina, chairman of the Sub- lovers of music on the Republican side world’s largest producers of copy- committee on Courts and Intellectual that recognize this is basically a prop- righted works, and the copyright in- Property. I should note that this bill is erty rights issue. dustries give us one of our most signifi- also strongly supported by the chair- Mr. SCARBOROUGH. This is an issue cant trade surpluses. man and ranking member of the Com- mittee on the Judiciary. that was very important to Sonny b 1100 Bono, and in fact is one of the issues The responsibility to protect intel- that he talked about the most when he Our most valuable economic resource lectual property is a very important was here on Capitol Hill, because is no longer our industrial power and one. As the gentleman from North Sonny understood, he had been strug- natural resources, but the creative po- Carolina has indicated, there are both gling his whole life to create songs, to tential of the minds of our citizens. cultural and economic reasons for create something that mattered, that While our creativity holds America’s doing so. The cultural reasons are would have a lasting impact, that is greatest promise for the future, it is probably more familiar to people, so we going to last long after Sonny has been also our most fragile commodity, frag- stress sometimes in this debate the gone. And so it is not just myself, ile because while difficult and expen- economic reasons, not because we Sonny recognized it, there are other sive to produce and market, it is rel- think the cultural reasons are less im- people who recognize that if we are for atively easy and inexpensive to copy portant, but the economic reasons are property rights, real property rights, and to use for free. not always fully understood. we should be for intellectual property We must ensure that foreign markets In an evolving world economy, there rights too. are open to our intellectual property are areas where Americans will do less Mr. FROST. Mr. Speaker, I urge exports, and just as importantly, that than they have in the past. We will adoption of the rule, and I yield back our copyright industries be given reci- make unsophisticated products in far the balance of my time. procity and the opportunity to com- less amounts than we used to in an Mr. DIAZ-BALART. Mr. Speaker, I pete. That is what this bill is all about, internationally competitive world. We yield back the balance of our time, and Mr. Chairman. all know that. People can lament it, I move the previous question on the The European Union countries, pur- people can support it, but it is an un- resolution. suant to a directive, have adopted do- changeable fact. There is simply not The previous question was ordered. mestic laws which would protect their going to be in the future, as there al- The resolution was agreed to. own works for 20 years more than they ready has been, a diminution in Amer- A motion to reconsider was laid on protect American works. This bill ican products of a relatively simple the table. would correct that by granting to and uncomplicated era. The SPEAKER pro tempore (Mr. United States works the same amount On the other hand, America’s com- SHIMKUS). Pursuant to House Resolu- of protection which, under inter- parative advantage in the world has tion 390 and rule XXIII, the Chair de- national agreements, requires reciproc- been growing in the intellectual prop- clares the House in the Committee of ity. erty area. We not only enrich much of the Whole House on the State of the Under the current law, most works the rest of the world culturally, but we Union for the consideration of the bill, receive copyright protection for the enrich ourselves economically by the H.R. 2589. life of the author plus 50 years. In the production of songs and movies and a The Chair designates the gentleman case of works made for hire, such as a whole range of other things. from Alabama (Mr. EVERETT) as Chair- movie, the copyright term typically Much of our effort is, in fact, to pro- man of the Committee of the Whole, endures for a period of 75 years from tect our intellectual property against and requests the gentleman from Flor- the year of its publication. theft overseas. Members are familiar ida (Mr. DIAZ-BALART) to assume the H.R. 2589 would bring the term of with this in the cases of piracy and Chair temporarily. copyright protection from the life of counterfeiting. What we do here is to b the author plus 50 years to the life of try to make sure, in part, that the peo- 1058 the author plus 70 years and of works ple who do the actual creation share in IN THE COMMITTEE OF THE WHOLE made for hire from 75 to 95 years from these riches. And they are not people Accordingly, the House resolved the date of publication. who are in the multibillion dollar cat- itself into the Committee of the Whole Trade surpluses are not the only ben- egory exclusively and, in fact, not even House on the State of the Union for the efit of term extension. It is also good primarily. March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1459 Frankly, for the wealthiest of the worthy that here there is an over- erty have already been paid a licensing creators and performers, the additional whelming consensus that for cultural fee by the TV or radio station or the copyright term is relatively unimpor- reasons, for economic reasons, as a other broadcast media. tant. This becomes important precisely matter of fairness, as the gentleman We should stop the double-dipping, for those who make a living as a song from Florida was saying as I came in, and we should stop the harassment of writer, but do not get rich at it, who we have come forward with a bill that small business operators over the type make a living in these areas. What we protects the right of the creative peo- of programming that they have no con- do here is to enhance the stream of in- ple in our society, who so enrich the trol over. It does not provide an exemp- come that goes to support their cre- rest of us, to benefit some from that tion for tapes or CDs or live music per- ative efforts. creativity. formances such as has been described One part of this bill that is particu- Mr. Chairman, I reserve the balance earlier. larly important, that was worked out of my time. The same groups oppose a window- in a bipartisan way, in fact, says, in Mr. COBLE. Mr. Chairman, I thank dressing amendment to be offered later cases where the creative person, the the gentleman from Massachusetts for on today by the gentleman from Flor- song writer, the artist, the writer of his opening statement. ida (Mr. MCCOLLUM). That amendment the book, where for a variety of rea- Mr. Chairman, I yield 5 minutes to is unanimously opposed by America’s sons that person may have signed away the gentleman from Wisconsin (Mr. small businesses because it reflects a some of his or her rights, to the extent SENSENBRENNER), a member of the rejected proposal from failed negotia- that we are creating a new set of val- Committee on the Judiciary. tions. It contains no local arbitration, ues here in this 20-year extension, we Mr. SENSENBRENNER. Mr. Chair- and it excludes the vast majority of have urged that this be renegotiated man, today I rise in support of H.R. America’s small businesses from any and that the creators be given a share 2589, the Copyright Term Extension relief from the music-licensing monop- of the additional 20 years. We will be Act, if, and only if, my amendment to olies. monitoring that carefully. I am con- ensure fairness in music licensing Make no mistake, the McCollum sub- fident that we will see the creator is passes. stitute to my amendment is the music better treated. H.R. 2589 provides a very generous monopolies’ amendment. The McCol- Yes, many people write songs and windfall to the entertainment industry lum-ASCAP-BMI substitute is a key write books because of their love of the by extending the term of copyright for vote, no, by the same groups I just creative process. Love of the creative an additional 20 years. That is 20 years identified in support of my amend- process is a great thing. But great as it more that they can commercially ex- ment. is, it is kind of hard to support a fam- ploit works that would otherwise fall Next time, Mr. Chairman, you walk ily on it. It is kind of hard to sustain into the public domain. down Main Street in a town in your that. Mr. Chairman, the Constitution I district, walk with your head held high What we are saying is, we want to en- read suggests the need for balanced in- knowing that you did the right thing courage creativity, not simply as a tellectual property rights between its for small business. Do not cozy up to hobby, not simply as something that creators and users. When the mecha- the same folks who have been abusing people who are independently wealthy nisms designed to ensure that balance small businesses in your district and can do on their own time, but as a way are broken, it is the duty of Congress mine for years by supporting the for people to earn a living to support to act. McCollum amendment, because it sub- themselves and their families. Passage of the amendment which I stitutes the interest of Main Street for This bill is an important step pre- will offer later on today will provide the interest of the music monopolies. cisely for those who are not in the that balance. It sends the message that In the name of balance and support wealthy category, precisely for those the voice of the tavern keeper in Bos- for Main Street U.S.A., vote no on who are trying to earn a living day-to- ton, Massachusetts, Greensboro, North McCollum and yes on Sensenbrenner. day by writing songs, by writing books. Carolina, or Milwaukee, Wisconsin is The CHAIRMAN. The Chair now rec- This enhances their ability, and it par- just as important as the parade of ce- ognizes the gentleman from Massachu- ticularly is relevant when we talk lebrities that Hollywood has trotted setts (Mr. DELAHUNT) as the new con- about the 20-year extension, about out to support expanding its rights by troller of time for the minority. their obligation that they feel to deal passing term extension and oppose my Mr. DELAHUNT. Mr. Chairman, I with their families. efforts to enact the modest reforms I yield as much time as he may consume We are talking here about people seek for small business. to the gentleman from California (Mr. earning and then being able to transfer The amendment which I will offer is BERMAN). to their families, to later generations, a compromise version of my legisla- Mr. BERMAN. Mr. Chairman, I thank this kind of writing. It is a very impor- tion, H.R. 789, the Fairness in Music the gentleman from Massachusetts for tant piece of legislation. Licensing Act and is a key vote for the yielding me this time. There is an overwhelming consensus NFIB, the National Restaurant Asso- Mr. Chairman, I rise in strong sup- on the part of the Committee on the ciation, the National Association of port of the bill H.R. 2589, Copyright Judiciary, which as some of you might Beverage Retailers, and the many Term Extension. As I believe my col- have noticed is not always united. The other small business associations. leagues know, Congress is obliged Committee on the Judiciary has, in- They support my amendment because under the Constitution to protect in- deed, recently been overdescribed as a it ensures fairness by providing for tellectual property or, to be precise, to source of contention and as a place for local arbitration of rate disputes, so secure for limited times to authors the fighting. small businesses do not have to go to exclusive right to their respective I must say that, having served on the New York City and hire an expensive writings. Committee on the Judiciary for 18 attorney to contest a rate that may in- My colleagues may be less familiar, years, I have yet to see the first pie volve several hundred dollars. however, with the fact that the U.S. thrown. I keep reading with some dis- They support my amendment because also has international obligations to appointment that it is a locus for food it prevents small businesses from being protect copyright. In 1989, the United fights. They seem to have them when I forced to pay every music licensing so- States, in a long-overdue move, became am absent. I am going to insist that I ciety a fee for music already paid for a member of the Berne Convention, the be invited to the next one; I have got several times over. century-old international treaty man- my own seltzer bottle, and I am ready Let me make this point: Under my dating copyright rules for member to come. amendment, nobody gets a free ride. countries. Under the ‘‘rule of the short- But precisely because the Committee The creators of intellectual property er term,’’ member countries are only on the Judiciary is composed of people are paid. My amendment only provides obliged to protect the work of foreign who are prepared to engage in the most for the exemption for a retailer who authors to the same extent that they vigorous democratic debate when has a TV set on or a radio set on where would be protected in their country of issues divide us, I think it is note- the creators of the intellectual prop- origin. H1460 CONGRESSIONAL RECORD — HOUSE March 25, 1998 Herein lies the problem. Under cur- ers throughout northwest Florida own Mr. SCARBOROUGH. Again, reclaim- rent U.S. law, copyright term for most small restaurants and own nightclubs, ing my time, it certainly does, and I re- works is life of the author plus 50 and own other things that come under member hearing Sonny Bono talk years. For works made for hire, such as this bill, and they all understand that about this, hearing him over and over motion pictures, the term is 75 years. what sells their product is the mood again. He wrote us Dear Colleague let- However, in 1995, the European Union that they set. ters, he talked about it nonstop. extended copyright term by 20 years. If The gentleman from Texas was talk- Everybody has this image of Sonny we fail to extend our copyright term as ing about how music was a backdrop. It Bono as some guy that just sort of well, our intellectual property industry is. It is a backdrop for these small busi- stumbled into 7 or 8 gold records, that would lose millions of dollars in export nesses. Not only is it the sound track he just somehow, in the late 1960s revenues, and the U.S. balance of trade of our lives and of the movies that we stumbled into 7 gold records and a would suffer commensurately. watch, but it is also the restaurants number 1 and number 2 TV show that European Union countries would not that we go into. It sets the mood. And he produced. That is not the case. have to extend to American works the yet, we have an amendment to this Sonny told me his story, because we additional 20-year protection that they very, very important bill that would were on the Committee on National Se- have already extended to European absolutely gut the right of those people curity together. He told me his basi- works. This is an outcome we can and that are making the property that cally hard-luck story about going out must prevent by passing H.R. 2589. helps people set the moods to sell the to Los Angeles in the late 1950s, about Later in the debate we will be ad- products in these small businesses that working hard around the clock. I do dressing an amendment that I strenu- are extraordinarily important to me. not know how many people here know ously oppose, to be offered by the gen- Let me state again the backbone of who Phil Spector is, but he ran around tleman from Wisconsin (Mr. SENSEN- my political support comes from small doing errands for Phil Spector, getting BRENNER). That amendment would do businesses, not from PACs, certainly coffee, emptying his garbage can, do great harm to the integrity of copy- not from unions, not from people who everything he could do, writing songs, right law, and I will speak to it at the want more regulation, and not from to get an opportunity to make a little appropriate time. people who want this Congress to inter- bit of money. What Sonny told me then was, he b 1115 fere in goodwill negotiations. My peo- ple, my supporters, are small business said, the great thing is now, it is some- But I do not want us to lose sight of people that talk about property rights, thing that is going to help my kids. the significance of H.R. 2589 to Ameri- and they do not talk about property Sonny did not realize just how pathetic ca’s intellectual property interests, rights only when it suits them politi- his words were going to be, to help his both at home and abroad. cally. They talk about property rights kids a lot sooner unfortunately than Mr. COBLE. Mr. Chairman, how for everybody. any of Sonny’s friends would have much time does each side have remain- Mr. DOGGETT. Mr. Chairman, will liked it to be. ing? the gentleman yield? Mr. DOGGETT. Mr. Chairman, will The CHAIRMAN (Mr. EVERETT). The Mr. SCARBOROUGH. I yield to the the gentleman yield? gentleman from North Carolina has gentleman from Texas. Mr. SCARBOROUGH. I yield to the 211⁄2 minutes, and the gentleman from Mr. DOGGETT. Mr. Chairman, if I gentleman from Texas. Massachusetts has 221⁄2 minutes. understand what the gentleman is say- Mr. DOGGETT. Mr. Chairman, so Mr. COBLE. I thank the Chairman. ing, then if someone develops a very what the gentleman is saying is, most Mr. Chairman, I yield 10 minutes to successful restaurant and they think it of the song writers in America, they do the gentleman from Florida (Mr. SCAR- contributes to have some music play- not begin their careers at the BOROUGH). ing there, they do not expect to get the Grammy’s or in the movies or on tele- Mr. SCARBOROUGH. Mr. Chairman, electricity for free, they do not expect vision. It is hard work, and for every I thank the gentleman for yielding me to get the recording device for free, but Sonny Bono, there are thousands of this time. I certainly agree with the some of them apparently think that other song writers out there that are gentleman that H.R. 2589 is very impor- they can take the property of the song song-writing on the side, and they are tant for the copyright protection of writer and get that for free. out maybe working for one of the small this country. However, and I will speak Mr. SCARBOROUGH. Mr. Chairman, businesses whose misguided association to this issue a little bit later on during reclaiming my time, I do not think it has promoted this bill. the debate of the Sensenbrenner is they. I think it is a very small num- Mr. SCARBOROUGH. Mr. Chairman, amendment, but a few things were said ber of people in Washington, D.C. Be- reclaiming my time, the gentleman is that need to be addressed. cause again, people that own the res- exactly right. The gentleman from Wisconsin (Mr. taurants in my district understand. I Last night, again I met one of the SENSENBRENNER) talked about how the have talked to them about this. I gentleman’s constituents, Shawn McCollum music machine amendment would not come on the floor without Colvin. Now, Shawn Colvin just won a would abuse small businesses. He talking to people that support me. Grammy, and everybody thinks she is talked about fairness in music licens- They understand, if one pays for the at the top of the world because she won ing. He talked about ‘‘a windfall.’’ He carpet to set a mood and one pays for the Grammy. I saw her last night, she talked about ‘‘commercial exploi- the wallpaper to set a mood and one was in a dressing room. tation.’’ pays for the lighting to set a mood, Mr. DOGGETT. Mr. Chairman, if the Now, we talk about double-speak; they also understand the most impor- gentleman would continue to yield, the who is using the property rights of tant thing, again, in music is the prop- gentleman has good taste, better than whom to sell beer, to sell food, to sell erty rights. I realized. products in the taverns that he spoke Mr. DOGGETT. Mr. Chairman, if the Mr. SCARBOROUGH. Mr. Chairman, about in Anytown, USA? My res- gentleman will continue to yield, if one again reclaiming my time, she was in a taurant owners in northwest Florida of those successful restaurants in the dressing room smaller than the bath- certainly understand the importance of gentleman’s district has a famous room of many Members in the Rayburn music in setting a mood in a tavern, in name, I could not take that name and Building, and I will guarantee, she will setting a mood in a restaurant. They open up right next door without steal- not make as much money as a song also understand what would happen if ing their property, could I? writer as any Member in this Chamber they turned the music off. Mr. Chair- Mr. SCARBOROUGH. Mr. Chairman, today. man, that is the choice they all have if the gentleman is exactly right. I wrote down the words, when we are they do not want to use a product. Mr. DOGGETT. Mr. Chairman, is that hearing about music machine and Hol- And I hear this talk that somehow not the same thing as stealing the lywood stars and blah, blah, blah, I supporting property rights now is anti- works of people that have devoted sig- mean this sort of rhetoric to make this small business. I was elected by small nificant time to creating something we thing seem, gee, this is going to really business. Some of my biggest support- all enjoy? help the wealthy people. It is not going March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1461 to help the wealthy people. They are about small business owners, that they cannot get away with it under our going to be making the majority of cares about the things that we have existing law, so they want it legalized their money on other things, on videos, been talking about we care about for in the amendment that is being offered selling the CDs. the past 4 years to support Chairman today. This helps the people like Ms. Colvin MCCOLLUM on his amendment when it b 1130 who is 5 months pregnant, who cer- comes up later on, because it is the tainly, if she was wealthy, would be wise, the fair alternative. Most of the people that are going to sitting at home watching TV instead of Mr. DELAHUNT. Mr. Chairman, I be hurt by this musical theft amend- running around trying to make a little yield myself such time as I may con- ment are not even full-time song- bit of money. This helps Ms. Colvin, sume to say that listening to the col- writers. They work for small busi- and this helps other people that are loquy between the gentleman from nesses and large businesses across this struggling to get by so that they can Florida and the gentleman from Texas, country, and on the side they apply work, so that they can devote their life I do not know how, but it might be ap- their creativity talent. Less than 10 to creating artistic works that enhance propriate to redesignate the bill before percent of the American Society of the quality of life for all of us. us as the Sonny Bono Act. Composers, Authors, and Publishers Mr. DOGGETT. Mr. Chairman, will Mr. Chairman, I yield as much time earn their living full-time from the the gentleman yield further? as he may consume to the gentleman music that we all enjoy. They are only Mr. SCARBOROUGH. I yield to the from Texas (Mr. DOGGETT). getting a little supplemental income gentleman from Texas. Mr. DOGGETT. Mr. Chairman, I and hoping that one day they can be- Mr. DOGGETT. Mr. Chairman, I want thank the gentleman for yielding to come a Sonny Bono, or they can be- to extend an invitation to the gen- me. come a Willie Nelson. tleman to come down to Austin, Texas, Last week at the Austin Music The small compensation that current at some time other than the campaign Awards down at the South by South- law requires of those that use that season, of course, and enjoy her where west Music Gathering, we had people music to pay is modest, indeed, com- she sounds the best. But whether we from all over the world, and of course pared to the benefit they derive. It has have Shawn Colvin on the radio or we had to spotlight a little local tal- been estimated that it costs about $1.58 Jerry Jeff Walker or any other fine art- ent, so the band that was playing is a day to get the benefits of all of those ist from down there in central Texas, Ray Benson’s Asleep At the Wheel, and members of the American Society of the average cost of using that kind of I think what the gentleman from Flor- Composers. music. To the small business, when ida and I are trying to do, from very Goodness, do you know in Austin, they talk about balance, it is only different, perhaps, political perspec- Texas, you cannot even get a bowl of about a buck and a half a day; is it not? tives on some other issues, is to be sure tostados and a little guacamole on the Mr. SCARBOROUGH. Mr. Chairman, that this Congress is not asleep at the side while you are enjoying this music reclaiming my time, it is very mini- wheel today. for $1.58. It is not unreasonable to ask mal. I have to say again, I want to fin- Mr. Chairman, the basic thrust of the that there be some compensation to en- ish how I began because people seeing legislation that we are debating today courage the kinds of musical genius the gentleman from Texas and I go is very positive. We are saying that that we have, not only in Austin but back and forth talking, it might scare whether one is an author or one is a across this land. some of my natural constituents. music artist, that one’s property ought I have heard from literally hundreds I am a friend of small restaurant not to be stolen in China or in Europe of musicians in this country, many of owners, I am a friend of small busi- or someplace else where people take them, of course, from Texas, who have nesses. My voting record over 3 or 4 advantage and pirate American works. urged the defeat of this Musical Theft years has shown that. In fact, I think It is a major problem. This Copyright Act, and who recognized that it rep- the gentleman has called me a right- Extension Act is basically sound legis- resents a deprivation of private prop- wing extremist because of a lot of my lation that tries to protect the creative erty rights. votes on less taxes and less regulation, work of the American people wherever It is so ironic that some of the people less Federal spending. But I also recog- it might be used around the globe. who have spoken out in favor of private nize that small business people are peo- But as we reach out to protect our property rights on this floor would now ple that are song writers, they are peo- citizens around the globe, we have a authorize the taking of private rights ple that are doing things that may not group, a special interest group that has from the musicians that create so fit our national constituency, and they come in here to the Congress and said, much of what adds to the quality of deserve protection as much as land- well, we want to hang on a little our life, and obviously, flows to the owners deserve protection. amendment to this, and our little benefit of people, regardless of the If we want to talk about something amendment is something called the party label that they wear when they that really hits home with me in my Musical Fairness Act. We cannot get it come on this floor. district, because I am always fighting passed on its own, but we want to stick As with any debate, there is room for for property rights, stopping extrem- it on this good bill and kind of put it in some middle ground. Indeed, there have ists from coming in and having im- there. been extensive negotiations over this proper takings, I think we can apply It reminds me of another one of our issue, trying to reach a reasonable bal- that to this situation where we have an Austin song writers, the late Stevie ance. A reasonable balance is not to amendment in the Sensenbrenner Ray Vaughn. To call this the Fairness give the authority to steal the prop- amendment that constitutes nothing in Musical Licensing Act is to remind erty rights of our musicians. But, for less than an improper taking; and me of that line from his song called the example, there is a discussion that has where there is a taking, there needs to Garden of White Lies, ‘‘They are pull- gone on that exempts over 65 percent of be just and full compensation, and our ing wool over our eyes,’’ because that all the drinking establishments in the Constitution says that. That is why I is what this is all about. United States and creates 12 regional think this does violence to the Con- It is about pulling wool over our sites for arbitration of disputes. stitution’s provision and the Fifth eyes, as we consider a good bill, to tack On this proposal, actually there was Amendment. It talks about eminent on a very bad bill that could not pass agreement reached with the National domain, it talks about just taking, it on its own because it basically is con- Licensed Beverage Association, but the talks about property rights. trary to a long series of American National Restaurant Association will That is why I think the far more sen- court decisions and American recogni- not have any of it. Why pay something sible approach is the approach taken tion that just because one cannot when you can change the law and get it by the distinguished gentleman from touch property, a trade name, a musi- for nothing, seems to be their ap- Florida (Mr. MCCOLLUM). I will be sup- cal work does not mean it is not very proach. So they have been unwilling to porting his amendment. I ask every real property that deserves to be pro- join those reasonable organizations single Republican and Democrat that tected by our Congress. And those who that would respect private property cares about property rights, that cares would steal this property know that rights and recognize they ought to H1462 CONGRESSIONAL RECORD — HOUSE March 25, 1998 have to pay something for them, be- going to be having this huge debate the product after 5 years of discussion, cause they want it all their way. over the songwriters’ music licensing as close as we can get it when the two What we are asking today is that we fees, and I am going to offer a sub- parties would not come to an agree- approve the base legislation, the very stitute amendment that has been al- ment, to a technical agreement. positive, bipartisan legislation that is ready widely discussed out here, we do So it is truly a compromise amend- being presented here today, but not at- not want to miss the point that hun- ment that I am offering. It would ex- tach to it something that has nothing dreds and thousands, and more than empt 65 to 70 percent of all restaurants to do with it, that is completely con- that, hundreds of thousands, really, of who are currently paying music licens- trary to the purposes of this legisla- various parties in this country, individ- ing fees from ever having to pay it, my tion, and will only serve to take away uals, businesses, and so forth, who have substitute would. That is a pretty big the rights, the creativity, of artists copyright interests in books, in music, hunk of it. That is certainly all the across this land. in TV videos, in movies, and all kinds smaller restaurants and quite a num- I would urge the rejection of that of various productions that are copy- ber of restaurants of much larger size. amendment, and the whole concept of righting, whatever you can have a It would exempt all restaurants, re- trying to reach some balance is not copyright for, anything that you write gardless of size, from having to pay achieved by this Musical Theft Act, but that you copyright on, are in great these fees they have always paid to by the very reasonable approach that need of a copyright extension that is songwriters if they have as many as six follows the agreement with the Na- the underlying part of this bill; that is, speakers to broadcast the radio around tional Licensed Beverage Association to lengthen the life of how long your in their shop, or fewer, or if they have that our Republican colleague, the gen- property right is protected, how long four televisions or fewer. So a lot more tleman from Florida (Mr. MCCOLLUM) can you get royalties or money for the are going to be picked up. It is hard to is going to offer, an approach that pro- reproduction, the publishing of the measure how many have that. You can vides a change in the law for small book, if you will, if you want to put it limit the number of speakers you have businesses, but recognizes that there back in the old-fashioned term of art; in your restaurant and get exempted are many other small businesses out how long will you and your family be altogether from paying fees that you there involved in the music industry able to get royalties for that, and when have currently been paying. that need protection, too, and will will it become public property to which But more importantly, perhaps, than draw a reasonable balance and not per- you have lost your personal property what it does in that regard, it provides mit the theft of music creativity. right. some balance, because as the gen- Mr. COBLE. Mr. Chairman, I yield We have been waiting around for tleman from Florida (Mr. SCAR- myself such time as I may consume. quite a long time, 5 or 6 years, to get BOROUGH) has pointed out, songwriters Mr. Chairman, let me put another this bill to the floor of the House, sim- are small business men, too. We are out oar in the water. I was not even going ply because there has been this big dis- here trying to protect small business to get into this, but the die has been pute between the restaurants of this men and give exemptions to the truly cast. The gentleman from Florida (Mr. country and their primary association small restaurateurs of this country, SCARBOROUGH) addressed it very adept- and the songwriters and their primary but also protect the songwriters so ly. association over the so-called music li- they continue to be able to get their I resent the fact that this is being censing issue. We need to resolve that. livelihood. portrayed as big business versus little When I come out here in a little There are thousands of songwriters, business. It is not true. I will compare while, after the gentleman from Wis- most all of whom get their entire in- my voting record supporting small consin (Mr. SENSENBRENNER) has of- come and livelihood from the royalty business men and small business fered his amendment, that is going to fees they get from the copyrighted women with anybody on this floor. As basically exempt all restaurants and songs that they write, yet their aver- far as being a friend to the res- businesses from having to pay a fee age income is somewhere under $10,000 taurateurs and the restaurants across that has been paid for years and years a year for a songwriter. That is pretty my district, ask any of them down to the associations for the songwriters’ darned small. They are not the wealthy there. I can assure the Members that benefit, for every playing of a radio or people of this Nation. The fees they get they will say that I have spoken favor- TV rebroadcast of their music, when I from the use of their songs in these res- ably for them. come out here in a few minutes to offer taurants, especially in the larger They do a good job. Songwriters do a my substitute, the debate is going to chains that are out there, is very im- good job. Must we, in this era of con- be about certain ways you go about portant to them. flict, have to be opposed to one? Can giving some relief to some restaurants As I said, it is about $30 a month that you not be for the songwriter and the or some businesses further than they the restaurants pay. It goes into a pool restaurateur? It seems to me that you already have today. of money these associations have, and can be. Some people, I think, are in- There is already an exemption in the then those associations of songwriters capable of that in this current climate law, it has been there a long time, for spread the money around and pay a and in this era. They must be opposed any business of under 1,055 square feet. proportionate share to all the song- to one. They cannot embrace both, So if you have a really tiny business, writers who are members. I think that they have to reject one. I think that is you want to play the radio or have is really important to protect. That is poppycock. I think the gentleman who your television and music on, you do what my amendment would do, to will come on next is going to have an not have to pay a licensing fee. allow them to continue to have some amendment that will exemplify that The average fee out there on music money from this source from the larger spirit of compromise, and that spirit of licensing for restaurants they have to restaurants in this country. That is, embracing both parties to this affray. pay now is about $30 a month, which again, the compromise, the balance, in Mr. Chairman, I yield 5 minutes to for the larger restaurants is not a very here that is involved. the gentleman from Florida (Mr. big deal. For some small restaurants it I also would like to point out that MCCOLLUM), a member of the full com- is a big deal. What we have worked out most songwriters never get a big hit. If mittee, who will have a subsequent that the gentleman from North Caro- they get a big hit, a few of them do amendment on this matter. lina (Chairman COBLE) I believe is make some money. I am sure there will (Mr. MCCOLLUM asked and was going to support and the gentleman be somebody out here sometime today given permission to revise and extend from Illinois (Chairman HYDE) of the pointing out some of those people who his remarks.) full Committee on the Judiciary, and do. But for every songwriter that gets Mr. MCCOLLUM. Mr. Chairman, I the gentleman from Michigan (Mr. a big hit and makes a lot of money, thank the chairman for yielding time CONYERS), is an amendment to the there are literally a thousand others to me. amendment offered by the gentleman for every one of those who do not. That First of all, I would like to point out from Wisconsin (Mr. SENSENBRENNER). is what this legislation protects are that we are here today primarily to That is basically the compromise. those thousand others, thousands of pass copyright extension. While we are That we think is where we have gotten others, who do not ever get the big hit. March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1463 Last but not least, there is a com- America is the world’s leading pro- right term to life of the author plus 70 promise in what I am going to offer out ducer and exporter of copyrighted prod- years. This is 20 years more than is here in a little while dealing with the ucts. The entire world clamors for currently granted to the U.S.-based question of complaints we have had for American software, American movies, copyrighted works. Moreover, under some time about the fact that res- American television programs, Amer- the rules of an international treaty, taurants in particular, small busi- ican videos, American literature, and most of our economic competitors are nesses, have had to go a long way, to American music. Just these core copy- not required to give U.S. works the New York, to go appeal a fee dispute righted industries produce a surplus of same term of protection as they give with these associations collecting the $50 billion annually in our trade with their domestic works if the U.S. has a music licensing fees, because there is a the rest of the world. shorter copyright term. rate commission set up to do it. Just imagine what our trade deficit The European Union has exercised What the gentleman from Wisconsin would be if that $50 billion annual sur- this rule and now requires EU member (Mr. SENSENBRENNER) would provide plus were at risk or declining. Imagine States to limit protection of U.S. would be that there would be arbitra- how many well-paying American jobs works to the shorter term granted in tion in every locality around the coun- would be jeopardized in just these in- the United States. Let me emphasize try. That would provide uniformity. dustries, which create new jobs for this point: Under a current European That would be expensive the other way American workers at nearly three Union directive, member nations are around. times the rate of the rest of the econ- actually required to discriminate What we have tried to do in a com- omy. against American copyrighted works. promise is say we will set up a provi- b 1145 The result, unless this bill becomes sion for circuit riders from this rate law, is to place our copyright indus- commission to go around to the sitting Well, if we want to avoid that disas- tries at a competitive disadvantage seats of all 12 Federal judicial circuits trous scenario, we must pass this bill; with other nations, threatening the in- to sit regularly to settle these dis- because if we are to maintain Amer- putes, so people do not have to travel ican leadership and retain our com- comes of U.S. authors, artists, song- as far. parative advantage in this aspect of writers, and other copyright holders. I think what I am offering in a little international commerce, we must As many of my colleagues know, our while out here truly is the compromise adapt to changing international stand- copyright industry employs over 6 mil- substitute. Let us do it now so we can ards of copyright protection, and this lion Americans and is one of the fastest get on with the main, underlying bill does just that. growing segments of our economy. thrust of this bill, and that is copy- The emerging world standard for the Moreover, with estimated foreign sales right extension. That is what we are term of copyright protection in Europe of over $53 billion last year, the copy- here about today. It is long overdue. and throughout most of the developed right industry is one of the few areas in We cannot afford to have this dispute world is the life of the author plus 70 the U.S. actually enjoying a healthy between the restaurants and the song- years. In 1995, the European Union trade surplus. writers tie up this legislation any adopted this standard, but only with Copyright term extension has en- longer. The bill, underlying bill, is too respect to works that enjoy com- joyed strong bipartisan backing and is important. I urge my colleagues to parable protection in the country of or- supported by a wide-ranging coalition both vote for my substitute when the igin. This means that until the United in the current Congress. Among many time comes and vote for the underlying States extends its copyright term to 70 of the groups that support term exten- bill. years from its current term of 50 years, sion legislation are the Songwriters Mr. DELAHUNT. Mr. Chairman, I U.S. works will not be entitled to pro- Guild of America, National Academy of yield myself such time as I may con- tection for the full term accorded to Songwriters, the Motion Picture Asso- sume. works in the European markets. If this ciation of America, the Intellectual Mr. Chairman, I rise in strong sup- situation persists, it will put our cre- Property Law Section of the American port of the underlying bill. I think it is ative industries at a serious competi- Bar Association, the Recorded Industry important to understand that this bill tive disadvantage and will substan- Association of America, National is not simply a means to encourage tially and adversely affect our overall Music Publishers Association, the In- American creativity and to protect the trade posture. Rather, we should foster formation Technology Association of products of that creativity. Just as im- and nurture our creative industries for America, and many, many others. portantly, it is about the future of our the sake of our economic future. Mr. Chairman, I would like to con- national economy. I suggest that is not So, Mr. Chairman, I urge my col- gratulate the gentleman from North an exaggeration. leagues to vote for American prosper- Carolina (Mr. COBLE), my friend and Most importantly, it is about our ity. Support the bill as amended by the colleague, the chairman of the Sub- balance of trade, a balance of trade McCollum-Conyers substitute. committee on Courts and Intellectual that for some time has registered a Mr. Chairman, I yield back the bal- Property of the Committee on the Ju- substantial deficit, a deficit that ex- ance of my time. diciary, for recognizing the importance ploded last month as a result of the fi- Mr. COBLE. Mr. Chairman, I yield 3 of the copyright industry to the U.S. nancial crisis in Asia, and according to minutes to the gentleman from Califor- economy and the need to update our most economists, a deficit that will nia (Mr. GALLEGLY), a member of the copyright law to the current legal and continue to escalate because of that Committee on the Judiciary. competitive climate faced by the U.S. crisis. Mr. GALLEGLY. Mr. Chairman, I Mr. Chairman, we cannot afford to thank the gentleman from North Caro- from countries throughout the world. not pass this bill if we hope to control lina (Mr. COBLE) for giving me the op- Mr. Chairman, I urge my colleagues this burgeoning trade deficit and pro- portunity to speak today in support of to support this commonsense yet very tect our national economic well-being. this important piece of legislation. critical piece of legislation. Furthermore, it is essential that the In February of last year, I introduced Mr. CONYERS. Mr. Chairman, I urge my Sensenbrenner amendment that we will a copyright term extension bill which colleagues to support this amendment which be considering shortly be defeated and is almost identical to the legislation is a fair and balanced compromise to the cur- the McCollum-Conyers substitute pass. we are considering here today. This rent dispute surrounding music licensing. This Otherwise our trading partners will legislation extends the term for copy- dispute really revolves around big business claim that Congress has enacted an righted products by 20 years. This will seeking an exemption to paying public per- overly broad exemption to our copy- allow the U.S. copyright term to keep formance royalties for radio, television and right laws that violates our inter- pace with the term of European coun- other broadcast in their restaurants. Copyright national treaty obligations. If we do tries that are now our main competi- owners have the exclusive right to authorize not defeat the Sensenbrenner amend- tors for copyrighted products such as others to publicly perform their works. When a ment, not only will this be unfair to motion pictures and music. commercial establishment turns on the radio songwriters, but it will further exacer- In 1995, the European Union required or television, that is a public performance of bate our trade deficit. member Nations to extend the copy- another's intellectual property. H1464 CONGRESSIONAL RECORD — HOUSE March 25, 1998 Why should all commercial establishments is by some perceived as cataclysmic and by Wendell Holmes: ``If music did not pay, it be exempted from licensing fees? Representa- others perceived as procedural. It is a reason- would be given up. If it pays, it pays out of the tive SENSENBRENNER's amendment is far from able alternative. It is one that I will support. public's pocket. Whether it pays or not, the a fair approach to music licensing. His amend- But if it does not pass, I will as strongly as I purpose of employing it is profit, and that is ment would create a carve out for all commer- know how oppose this legislation, even though enough.'' cial establishment using music via any trans- I believe its underlying 20-year extension of I would hope that we would defeat the Sen- mission, not just standard radio and TV broad- the copyright protecting one's property is ap- senbrenner amendment, pass the McCollum cast. Adopting this provision would mean an propriate. amendment and pass the bill. outrageous give away of music by allowing big Mr. Speaker, I have been and always will be Mr. HYDE. Mr. Chairman, I rise in support restaurants to stop paying a mere $1.58 a opposed to any legislation that infringes upon of the bill H.R. 2589, the ``Copyright Term Ex- day! Meanwhile ninety percent of music writ- the property rights of anyone. I cannot digest tension Act,'' reported by the Committee on ers make less than $10,000 a year! Most ``taking'' someone else's hard work from them the Judiciary by voice vote, without objection. songwriters don't perform, so licensing fees for free. This amendment is an affront to the This is an important bill for our economy. It are critical to their incomes. This amendment tens of thousands of individuals who spend a will mean 20 more years of foreign sales reve- is a direct big business attack on the livelihood lifetime trying to sell their work in a competi- nue coming back into the United States for our of songwriters. tive and sparsely rewarded fieldÐespecially intellectual property products sold abroad. We My amendment, offered with Representative after considering the cost benefit analysis. are by far the world's largest producers of in- MCCOLLUM, represents provisions of an agree- It is estimated that the restaurant business tellectual property and it is one of our most ment which the parties came close to at the is a $289.7 billion industry, while thousands of significant trade surpluses. end of recent negotiations. The McCollum- songwriters draw an income that is minuscule Copyright is a property right. It is meant to Conyers substitute expands the current ex- in comparison and subsist largely off of royal- be handed down by its creator to his or her emption from music licensing to cover all res- ties. Music licensing fees account for less than children and grandchildren. This amendment taurants of less than 3,500 square feet, ex- one percent of expenses for a full service res- provides for a small extension in the term of cluding parking lots, no matter what kind of taurant, and the average cost for a restaurant copyright which will allow the heirs of our na- radio or television devices are being used. It business that uses music is $1.58 a dayÐ tion's creators to benefit from the work of their also exempts restaurants of 3,500 square feet equivalent to one draft beer. family members. Writing a song or a novel is or larger if they use only four television sets Mr. Chairman, let me make it plain: we are no less significant than contributing to a family and six speakers, with no more than four considering stripping individuals of their intel- business to be passed on to those we choose. speakers in one room and reasonable tele- lectual property rights over what boils down to The Berne Convention for Literary and Artis- vision screen sizes. This compromise offers a a mug of beer. tic Works, of which we are a Member, has a fair approach by providing a broad exemption Mr. Chairman, I would hope that my col- provision called the ``Rule of the Shorter to small businesses and protecting royalties of leagues who in fact have some property that Term.'' It states that a country need not give songwriters. we put in the public sphere, not expecting re- a foreign work any more protection than that Many of you have heard the song, ``I Heard muneration, at least not in money, the remu- work is given in its country of origin. The Euro- It Through the Grapevine'' which has been re- neration we expect is votes when we put our pean Union countries recently adopted the corded by the Temptations, Gladys Knight and property, our ideas, our thoughts, our opinions term for copyright that we propose in this bill, the Pips, Marvin Gaye and many others. But in the public wheel. But when a songwriter sits life of the author plus 70 years. Under the I bet you have never heard of Barrett Strong, down to create art, that songwriter does so for Berne Convention, they need not give Amer- the songwriter. Music licensing fees collected their own personal enjoyment, but they also ican copyrighted works the benefit of that by performing rights organization (e.g. BMI, do so with the expectation that if someone term, but may limit protection in their countries ASCAP and SESAC) is the only income Mr. wants to use their product, they will do in a of our works to our current term of life of the Strong receives from his creative work. Don't capitalistic society what we expect, and that is author plus 50 years. That, of course, means let big businesses ``rip off' artists! to compensate them fairly for that. that their works are protected in their countries It is time to end this long disputeÐbut not The previous speaker spoke about the prob- for 20 years longer than our works are pro- by giving away artists' rights to just compensa- lem with small business. Government does not tected in their countries. While that may be tion for their creative works. I urge my col- require a small business in America to turn on good for their products, it is not good for ours. leagues to vote for the McCollum-Conyers the radio in their place of business or to turn I am proud of the fact that American cre- substitute. on the television in their place of business, not ators and owners of creations have made the Mr. HOYER. Mr. Chairman, I rise in strong one. They do so because they think to some U.S. the dominant producer in the world of support of the legislation, in strong support of degree it enhances the ambiance of their es- copyrighted material. It reflects the ingenuity of the McCollum amendment, and in opposition tablishment, and I agree with them. And if they our people and indicates that through freedom to the Sensenbrenner amendment. thought curtains did or tablecloths did or pretty and democracy, people will use their powers The Sensenbrenner amendment is nothing windows did, they would have to pay for all of of creativity for their own benefit and, con- short for a ``takings'' provision. I have heard a those increases to the ambiance of their es- sequently, for society's benefit. This bill will lot about taking. This is about taking, whether tablishment. If the restaurant pays for the maintain our dominance and continue to allow to or not to. It would force songwriters to pro- hamburger, it should also face the music and for the exploitation of that creativity which vide their music for free to restaurants and pay for the licensing. brings it to consumers for their enjoyment. others. These restaurants then, in turn, use I have a lot of restaurants in my district and I want to say a special word about the cre- this music to enhance their business. in my State. I understand some of them are ative community that is the bedrock of our How is this fair? For the thousands of song- concerned, and I believe that the McCollum great film and television business. I refer to writers, composers and music publishers, this amendment tries to reach out to them and say the screenwriters, the directors and the per- amendment is a two-fold insult. First, it says to yes, we understand there is a problem, let us formers. Through their respective guilds, they them, ``Your hard work and creative talent try to solve it and let us try to solve it where have consistently supported the extension of aren't worth protecting.'' Then it says, ``And by there is a meeting of the minds. And in fact, the copyright term, and have asked that they the way, it's not worth a dime either.'' I understand there was a meeting of the minds be specifically made beneficiaries of the ex- My colleague, Stephen Foster died a pau- until one party thought perhaps they could win tension. In particular, they requested remu- per. Why did Stephen Foster die a pauper? without agreement. I do not know that; I have neration during the new term for those who Because the product he created was not pop- heard that. currently receive no residuals and no royalties ular, was not wanted, was not used? No. Be- But let us, as we vote on the Sensen- for films made before 1960. These films in- cause Stephen Foster put his product on the brenner amendment, remember Stephen Fos- clude such masterpieces as Casablanca, The table, it was eatenÐif you willÐlistened to, ter, remember that Stephen Foster gave us so Best Years of Our Lives, and Sunset Boule- more appropriately, but not paid for. And so much, this Nation and this world, enriched our vard. Stephen Foster, one of the great songwriters lives, enriched our culture, enriched our enjoy- This bill does not give them that because of America, and indeed the world, died a pau- ment, and let us not say to the Stephen Fos- the Committee believes that private negotia- per because the world enjoyed his music but ters of the world what they do is not worth us tion between private parties is always the best did not compensate him for his music. compensating them for it. place to start when determining remuneration. The McCollum amendment tries in a rea- Let me share with you part of a concise per- I am certainly a believer in the marketplace. sonable way to get at what is a problem that spective offered by former Chief Justice Oliver But this bill does contain a very strong and March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1465 very serious admonition, a ``Sense of the Con- as an original bill for the purpose of date of the Copyright Term Extension Act of gress,'' that urges film studios and the guilds amendment and is considered read. 1997 for which the termination right provided in to voluntarily negotiate what remuneration The text of the committee amend- subsection (c) has expired by such date, where ment in the nature of a substitute is as the author or owner of the termination right has screenwriters, directors and performers of pre- not previously exercised such termination right, 1960 films shall receive for the new term. follows: the exclusive or nonexclusive grant of a transfer Congress will be watching the negotiations. I H.R. 2589 or license of the renewal copyright or any right expect that both sides in good faith will nego- Be it enacted by the Senate and House of Rep- under it, executed before January 1, 1978, by tiate a fair outcome, and it will certainly not be resentatives of the United States of America in any of the persons designated in subsection taken lightly if the ``Sense of the Congress'' is Congress assembled, (a)(1)(C) of this section, other than by will, is not turned into a contractual reality. SECTION 1. SHORT TITLE. subject to termination under the following con- Mr. Speaker, this is a good and balanced This Act may be cited as the ‘‘Copyright Term ditions: Extension Act’’. ‘‘(1) The conditions specified in subsection (c) bill which will ensure our global competitive- (1), (2), (4), (5), and (6) of this section apply to ness while urging fair compensation for the SEC. 2. DURATION OF COPYRIGHT PROVISIONS. terminations of the last 20 years of copyright creators who, with the investors and owners, (a) PREEMPTION WITH RESPECT TO OTHER term as provided by the amendments made by make great copyrighted works our national LAWS.—Section 301(c) of title 17, United States the Copyright Term Extension Act of 1997. treasures. Code, is amended by striking ‘‘February 15, ‘‘(2) Termination of the grant may be effected I urge my colleagues to support this fine 2047’’ each place it appears and inserting ‘‘Feb- at any time during a period of 5 years beginning ruary 15, 2067’’. at the end of 75 years from the date copyright legislation. (b) DURATION OF COPYRIGHT: WORKS CREATED Mr. CONYERS. Mr. Chairman, I rise in was originally secured.’’. ON OR AFTER JANUARY 1, 1978.—Section 302 of (2) COPYRIGHT RENEWAL ACT OF 1992.—Section strong support of H.R. 2589, the ``Copyright title 17, United States Code, is amended— 102 of the Copyright Renewal Act of 1992 (Public Term Extension Act''. This bill will allow the (1) in subsection (a) by striking ‘‘fifty’’ and Law 102–307; 106 Stat. 266; 17 U.S.C. 304 note) is United States to keep pace with the copyright inserting ‘‘70’’; amended— terms of European countries that are our main (2) in subsection (b) by striking ‘‘fifty’’ and (A) in subsection (c)— competitors for copyright products such as inserting ‘‘70’’; (i) by striking ‘‘47’’ and inserting ‘‘67’’; (3) in subsection (c) in the first sentence— (ii) by striking ‘‘(as amended by subsection (a) motion pictures and music. (A) by striking ‘‘seventy-five’’ and inserting of this section)’’; and In 1995, the European Union harmonized ‘‘95’’; and (iii) by striking ‘‘effective date of this section’’ the copyright term in its member countries at (B) by striking ‘‘one hundred’’ and inserting each place it appears and inserting ‘‘effective a minimum of life plus 70 yearsÐ20 years ‘‘120’’; and date of the Copyright Term Extension Act of longer than the term in the United States. By (4) in subsection (e) in the first sentence— 1997’’; and directive, EU countries will not provide copy- (A) by striking ‘‘seventy-five’’ and inserting (B) in subsection (g)(2) in the second sentence right protection for U.S. intellectual property in ‘‘95’’; by inserting before the period the following: ‘‘, except each reference to forty-seven years in Europe beyond what our own law provides. (B) by striking ‘‘one hundred’’ and inserting ‘‘120’’; and such provisions shall be deemed to be 67 years’’. This approach is known as the ``rule of the (C) by striking ‘‘fifty’’ each place it appears SEC. 3. TERMINATION OF TRANSFERS AND LI- shorter term.'' As a result, absent congres- and inserting ‘‘70’’. CENSES COVERING EXTENDED RE- sional action, U.S. copyright owners will not (c) DURATION OF COPYRIGHT: WORKS CREATED NEWAL TERM. receive income from uses of their works dur- BUT NOT PUBLISHED OR COPYRIGHTED BEFORE Sections 203(a)(2) and 304(c)(2) of title 17, ing the 20 additional years of protection avail- JANUARY 1, 1978.—Section 303 of title 17, United United States Code, are each amended— (1) by striking ‘‘by his widow or her widower able in European countries and will therefore States Code, is amended in the second sentence by striking ‘‘December 31, 2027’’ and inserting and his or her children or grandchildren’’; and be at a relative disadvantage to their Euro- (2) by inserting after subparagraph (C) the ‘‘December 31, 2047’’. pean competitors. following: (d) DURATION OF COPYRIGHT: SUBSISTING Changes in technology that have increased ‘‘(D) In the event that the author’s widow, COPYRIGHTS.— widower, children, and grandchildren are not the commercial value of works created many (1) IN GENERAL.—Section 304 of title 17, United living, the author’s executors shall own the au- years ago. In music, for instance, copyright States Code, is amended— thor’s entire termination interest, or, in the ab- owners are now digitizing musical works and (A) in subsection (a)— sence of a will of the author, the author’s next (i) in paragraph (1)— reissuing them to a receptive market. A short of kin shall own the author’s entire termination (I) in subparagraph (B) by striking ‘‘47’’ and copyright term is harmful to works of art and interest, on a per stirpes basis according to the inserting ‘‘67’’; and music whose value may not be recognized number of such author’s next of kin rep- (II) in subparagraph (C) by striking ‘‘47’’ and until many years since they were initially cre- resented. The share of the children of a dead inserting ‘‘67’’; next of kin at the same level of relationship to ated. (ii) in paragraph (2)— The world loves American-made music, (I) in subparagraph (A) by striking ‘‘47’’ and the author eligible to take a share of a termi- movies, computer software and books. Cre- inserting ‘‘67’’; and nation interest can be exercised only by the ac- ators of these works should not be placed at (II) in subparagraph (B) by striking ‘‘47’’ and tion of a majority of them.’’. a competitive disadvantage in overseas mar- inserting ‘‘67’’; and SEC. 4. REPRODUCTION BY LIBRARIES AND AR- (iii) in paragraph (3)— CHIVES. kets. American intellectual property is the most Section 108 of title 17, United States Code, is (I) in subparagraph (A)(i) by striking ‘‘47’’ sought after abroad and is one of the few amended— and inserting ‘‘67’’; and bright spots in our balance of trade. By acting (1) by redesignating subsection (h) as sub- (II) in subparagraph (B) by striking ‘‘47’’ and section (i); and on copyright extension, Congress will be fur- inserting ‘‘67’’; thering American innovation and protecting (2) by inserting after subsection (g) the follow- (B) by amending subsection (b) to read as fol- ing: American jobs. lows: ‘‘(h)(1) For purposes of this section, during H.R. 2589 also includes a carefully crafted, ‘‘(b) COPYRIGHTS IN THEIR RENEWAL TERM AT the last 20 years of any term of copyright of a balanced library exemption that ensures that THE TIME OF THE EFFECTIVE DATE OF THE COPY- published work, a library or archives, including the legitimate needs of the libraries are met. In RIGHT TERM EXTENSION ACT OF 1997.—Any a nonprofit educational institution that func- addition the ``fair use doctrine'' is unaffected copyright still in its renewal term at the time tions as such, may reproduce, distribute, dis- by the bill. Therefore, users continue to enjoy that the Copyright Term Extension Act of 1997 play, or perform in facsimile or digital form a becomes effective shall have a copyright term of the full benefits of ``fair use'' under Section copy or phonorecord of such work, or portions 95 years from the date copyright was originally thereof, for purposes of preservation, scholar- 107 of the Copyright Act. secured.’’; I urge all Members to support extending the ship, or research, if such library or archives has (C) in subsection (c)(4)(A) in the first sentence first determined, on the basis of a reasonable in- copyright term which will protect American cre- by inserting ‘‘or, in the case of a termination vestigation, that none of the conditions set forth ators and keep U.S. copyright laws in proper under subsection (d), within the five-year period in subparagraphs (A), (B), and (C) of para- balance domestically and abroad. specified by subsection (d)(2),’’ after ‘‘specified graph (2) apply. Mr. COBLE. Mr. Chairman, I have no by clause (3) of this subsection,’’; and ‘‘(2) No reproduction, distribution, display, or further speakers, and I yield back the (D) by adding at the end the following new performance is authorized under this subsection balance of my time. subsection: if— The CHAIRMAN. All time for general ‘‘(d) TERMINATION RIGHTS PROVIDED IN SUB- ‘‘(A) the work is subject to normal commercial SECTION (c) WHICH HAVE EXPIRED ON OR BE- exploitation; debate has expired. FORE THE EFFECTIVE DATE OF THE COPYRIGHT ‘‘(B) a copy or phonorecord of the work can Pursuant to the rule, the committee TERM EXTENSION ACT OF 1997.—In the case of be obtained at a reasonable price; or amendment in the nature of a sub- any copyright other than a work made for hire, ‘‘(C) the copyright owner or its agent provides stitute printed in the bill is considered subsisting in its renewal term on the effective notice pursuant to regulations promulgated by H1466 CONGRESSIONAL RECORD — HOUSE March 25, 1998 the Register of Copyrights that either of the shall be deemed to incorporate the assump- work’s status, such as records of a conditions set forth in subparagraphs (A) and tion agreements applicable to the copyright guild’s security interest in the motion (B) applies. ownership being transferred that are re- picture filed with the copyright office, ‘‘(3) The exemption provided in this subsection quired by the applicable collective bargain- would ordinarily provide ‘‘reason to does not apply to any subsequent uses by users ing agreement, and the transferee shall be other than such library or archives.’’. subject to the obligations under each such know’’ within the meaning of the act. SEC. 5. VOLUNTARY NEGOTIATION REGARDING assumption agreement to make residual pay- Mr. Chairman, this amendment is DIVISION OF ROYALTIES. ments and provide related notices, accruing noncontroversial and as best I can de- It is the sense of the Congress that copyright after the effective date of the transfer and termine is not opposed, and I urge my owners of audiovisual works for which the term applicable to the exploitation of the rights colleagues to support it. of copyright protection is extended by the transferred, and any remedies under each Mr. FRANK of Massachusetts. Mr. amendments made by this Act, and the screen- such assumption agreement for breach of Chairman, I move to strike the last writers, directors, and performers of those those obligations, as those obligations and word. remedies are set forth in the applicable col- audiovisual works, should negotiate in good Mr. Chairman, the gentleman from faith in an effort to reach a voluntary agree- lective bargaining agreement, if— ment or voluntary agreements with respect to ‘‘(1) the transferee knows or has reason to North Carolina (Mr. COBLE) is right. It the establishment of a fund or other mechanism know at the time of the transfer that such is not controversial and there is no op- for the amount of remuneration to be divided collective bargaining agreement was or will position. among the parties for the exploitation of those be applicable to the motion picture; or The CHAIRMAN. The question is on audiovisual works. ‘‘(2) in the event of a court order confirm- the amendment offered by the gen- SEC. 6. EFFECTIVE DATE. ing an arbitration award against the trans- tleman from North Carolina (Mr. feror under the collective bargaining agree- This Act and the amendments made by this COBLE). ment, the transferor does not have the finan- Act shall take effect on the date of the enact- The amendment was agreed to. ment of this Act. cial ability to satisfy the award within 90 days after the order is issued. AMENDMENT NO. 1 OFFERED BY MR. The CHAIRMAN. No amendment to ‘‘(b) FAILURE TO NOTIFY.—If the transferor SENSENBRENNER the bill is in order unless printed in the under subsection (a) fails to notify the trans- Mr. SENSENBRENNER. Mr. Chair- portion of the CONGRESSIONAL RECORD feree under subsection (a) of applicable col- man, I offer an amendment. designated for that purpose. lective bargaining obligations before the exe- The Clerk read as follows: cution of the transfer instrument, and sub- The Chairman of the Committee of Amendment No. 1 offered by Mr. SENSEN- section (a) is made applicable to the trans- the Whole may postpone a request for a BRENNER: feree solely by virtue of subsection (a)(2), the recorded vote on any amendment and Page 1, insert before section 1 the follow- transferor shall be liable to the transferee ing: may reduce to a minimum of 5 minutes for any damages suffered by the transferee as the time for voting on any postponed a result of the failure to notify. TITLE I—COPYRIGHT TERM EXTENSION question that immediately follows an- ‘‘(c) DETERMINATION OF DISPUTES AND Strike section 1 and insert the following: other vote, provided that the time for CLAIMS.—Any dispute concerning the appli- SEC. 101. SHORT TITLE. voting on the first question shall be a cation of subsection (a) and any claim made This title may be referred to as the ‘‘Copy- minimum of 15 minutes. under subsection (b) shall be determined by right Term Extension Act’’. Are there any amendments? an action in United States district court, Redesignate sections 2 through 5 as sec- and the court in its discretion may allow the tions 102 through 105, respectively. AMENDMENT NO. 2 OFFERED BY MR. COBLE recovery of full costs by or against any party Mr. COBLE. Mr. Chairman, I offer an In section 105, as so redesignated, strike and may also award a reasonable attorney’s ‘‘this Act’’ and insert ‘‘this title’’. amendment. fee to the prevailing party as part of the Strike section 6 and insert the following: The Clerk read as follows: costs.’’. SEC. 106. EFFECTIVE DATE. Amendment No. 2 offered by Mr. COBLE: (b) CONFORMING AMENDMENT.—The table of chapters for part VI of title 28, United States This title and the amendments made by Page 4, line 9, strike ‘‘of 1997’’. this title shall take effect on the date of the Page 4, line 24, strike ‘‘of 1997’’. Code, is amended by adding at the end the following: enactment of this Act. Page 5, line 12, strike ‘‘of 1997’’. Add at the end the following: Page 6, line 4, strike ‘‘of 1997’’. ‘‘180. Assumption of Certain Contrac- TITLE II—MUSIC LICENSING Page 6, strike line 17 and all that follows tual Obligations ...... 4001’’. through page 7, line 4 and insert the follow- Mr. COBLE (during the reading). Mr. SEC. 201. SHORT TITLE. ing: Chairman, I ask unanimous consent This title may be cited as the ‘‘Fairness in Musical Licensing Act of 1998’’. ‘‘(D) In the event that the author’s widow that the amendment be considered as or widower, children, and grandchildren are SEC. 202. EXEMPTION OF CERTAIN MUSIC USES not living, the author’s executor, adminis- read and printed in the RECORD. FROM COPYRIGHT PROTECTION. trator, personal representative, or trustee The CHAIRMAN. Is there objection (a) BUSINESS EXEMPTION.—Section 110(5) of shall own the author’s entire termination in- to the request of the gentleman from title 17, United States Code, is amended to terest.’’. North Carolina? read as follows: Insert the following after section 5 and re- There was no objection. ‘‘(5) communication by electronic device of designate the succeeding section accord- Mr. COBLE. Mr. Chairman, this a transmission embodying a performance or ingly: amendment will make technical display of a nondramatic musical work by SEC. 6. ASSUMPTION OF CONTRACTUAL OBLIGA- changes to further clarify who owns the public reception of a broadcast, cable, TIONS RELATED TO TRANSFERS OF the termination interest in a copy- satellite, or other transmission, if— RIGHTS IN MOTION PICTURES. ‘‘(A)(i) the rooms or areas within the es- (a) IN GENERAL.—Part VI of title 28, United righted work when an author passes tablishment where the transmission is in- States Code, is amended by adding at the end away, and provide for the proper trans- tended to be received by the general public the following new chapter: fer of contractual obligations when a contains less than 3,500 square feet, exclud- ‘‘CHAPTER 180—ASSUMPTION OF CERTAIN copyright is transferred. ing any space used for customer parking; or CONTRACTUAL OBLIGATIONS Regarding the transfer of contractual ‘‘(ii) the rooms or areas within the estab- lishment where the transmission is intended ‘‘Sec. obligations provision, I would like to to be received by the general public contains ‘‘4001. Assumption of contractual obligations clarify the meaning of a certain term. 3,500 square feet or more, excluding any related to transfers of rights in The ‘‘reason to know’’ language is in- space used for customer parking, if— motion pictures. tended to be interpreted in light of ‘‘(I) in the case of performance by audio ‘‘§ 4001. Assumption of contractual obliga- common sense and industry practice. means only, the performance is transmitted tions related to transfers of rights in mo- Because many motion pictures made in by means of a total of not more than 6 tion pictures the United States are produced subject speakers (excluding any speakers in the de- ‘‘(a) ASSUMPTION OF OBLIGATIONS.—In the to one or more collective bargaining vice receiving the communication), of which case of a transfer of copyright ownership in agreements, the distributor would ordi- not more than 4 speakers are located in any a motion picture (as defined in section 101 of narily perform some check on whether 1 room or area; or title 17) that is produced subject to 1 or more the motion picture is subject to such ‘‘(II) in the case of a performance or dis- collective bargaining agreements negotiated play by visual or audiovisual means, any vis- under the laws of the United States, if the an agreement. The provision would ual portion of the performance or display is transfer is executed on or after the effective not, however, require a burdensome or communicated by means of not more than 2 date of this Act and is not limited to public exhaustive examination. Publicly audio visual devices, if no such audio visual performance rights, the transfer instrument available information that indicates a device has a diagonal screen size greater March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1467 than 55 inches, and any audio portion of the music user, as defined in paragraph (1) for in- ‘‘(2) the landlord, organizer or sponsor, fa- performance or display is transmitted by fringement of the right granted in section cility owner, or other person has or had at means of a total of not more than 6 speakers 106(4) involving a musical work that is in the the time of the infringing performance ac- (excluding any speakers in the device receiv- repertoire of a performing rights society, if tual control over some aspects of the use of ing the communication), of which not more the general music user admits the prior pub- such space, if the contract for the use of such than 4 speakers are located in any 1 room or lic performance of one or more works in the space prohibits infringing public perform- area; repertoire of the performing rights society ances and the landlord, organizer or sponsor, ‘‘(B) no direct charge is made to see or but contests the rate or the amount of the li- facility owner, or other person does not exer- hear the transmission; cense fee demanded by such society for such cise control over the selection of works per- ‘‘(C) the transmission is not further trans- performance, the dispute shall, if requested formed.’’. mitted to the public beyond the establish- by the general music user, be submitted to SEC. 205. CONFORMING AMENDMENTS. ment where it is received; and arbitration under section 652(e) of title 28. In Section 101 of title 17, United States Code, ‘‘(D) the transmission is licensed.’’. such arbitration proceeding, the arbitrator is amended by inserting after the undesig- (b) EXEMPTION RELATING TO PROMOTION.— shall determine the appropriate rate and nated paragraph relating to the definition of Section 110(7) of title 17, United States Code, amount owed by the music user to the per- ‘‘perform’’ the following: is amended— forming rights society for all past public per- ‘‘A ‘performing rights society’ is an asso- (1) by striking ‘‘a vending’’ and inserting formances of musical works in the society’s ciation, corporation, or other entity that li- ‘‘an’’; repertoire. The amount of the license fee censes the public performance of nondra- (2) by striking ‘‘sole’’; shall not exceed two times the amount of the matic musical works on behalf of copyright (3) by inserting ‘‘or of the audio, video, or blanket license fee that would be applied by owners of such works, such as the American other devices utilized in the performance,’’ the society to the music user for the year or Society of Composers, Authors, and Publish- after ‘‘phonorecords of the work,’’; and years in which the performances occurred. In ers, Broadcast Music, Inc., and SESAC, Inc. (4) by striking ‘‘and is within the imme- addition, the arbitrator shall, if requested by The ‘repertoire’ of a performing rights soci- diate area where the sale is occurring’’. the music user, determine a fair and reason- ety consists of those works for which the so- SEC. 203. BINDING ARBITRATION OF RATE DIS- able rate or license fee for the music user’s ciety provides licenses on behalf of the own- PUTES INVOLVING PERFORMING future public performances of the musical RIGHTS SOCIETIES. ers of copyright in the works.’’. works in such society’s repertoire. (a) IN GENERAL.—Section 504 of title 17, SEC. 206. CONSTRUCTION OF TITLE. United States Code, is amended by adding at ‘‘(B) As used in this paragraph, the term Except as provided in section 504(d)(1) of the end the following new subsection: ‘blanket license’ means a license provided by title 17, United States Code, as added by sec- ‘‘(d) PERFORMING RIGHTS SOCIETIES; BIND- a performing rights society that authorizes tion 203(a) of this Act, nothing in this title ING ARBITRATION.— the unlimited performance of musical works shall be construed to relieve any performing ‘‘(1) ARBITRATION OF DISPUTES PRIOR TO in the society’s repertoire, for a fee that does rights society (as defined in section 101 of COURT ACTION.— not vary with the quantity or type of per- title 17, United States Code) of any obliga- ‘‘(A) ARBITRATION.—(i) If a general music formances of musical works in the society’s tion under any consent decree, State statute, user and a performing rights society are un- repertoire. or other court order governing its operation, able to agree on the appropriate rate or fee ‘‘(3) TERM OF LICENSE FEE DETERMINATION.— as such statute, decree, or order is in effect to be paid for the user’s past or future per- In any arbitration proceeding initiated under on the date of the enactment of this Act, as formance of musical works in the repertoire this subsection, the arbitrator’s determina- it may be amended after such date, or as it of the performing rights society, the general tion of a fair and reasonable rate or license may be enacted, issued, or agreed to after music user shall, in lieu of any other dis- fee for the performance of the music in the such date. repertoire of the performing rights society pute-resolution mechanism established by SEC. 207. EFFECTIVE DATE. concerned shall apply for a period of not less any judgment or decree governing the oper- This title and the amendments made by than 3 years nor more than 5 years after the ation of the performing rights society, be en- this title shall take effect on the date of the date of the arbitrator’s determination.’’. titled to binding arbitration of such dis- enactment of this Act, and shall apply to ac- (b) ACTIONS THAT SHALL BE REFERRED TO agreement pursuant to the rules of the tions filed on or after such date. American Arbitration Association. The ARBITRATION.—Section 652 of title 28, United music user may initiate such arbitration. States Code, is amended by adding at the end Mr. SENSENBRENNER (during the ‘‘(ii) The arbitrator in such binding arbi- the following: reading). Mr. Chairman, I ask unani- tration shall determine a fair and reasonable ‘‘(e) ACTIONS THAT SHALL BE REFERRED TO mous consent that the amendment be rate or fee for the general music user’s past ARBITRATION.—In any civil action against a considered as read and printed in the and future performance of musical works in general music user for infringement of the RECORD. such society’s repertoire and shall determine right granted in section 106(4) of title 17 in- The CHAIRMAN. Is there objection whether the user’s past performances of such volving a musical work that is in the rep- ertoire of a performing rights society, if the to the request of the gentleman from musical works, if any, infringed the copy- Wisconsin? rights of works in the society’s repertoire. If general music user admits the public per- the arbitrator determines that the general formance of any musical work in the rep- There was no objection. music user’s past performances of such musi- ertoire of the performing rights society but Mr. SENSENBRENNER. Mr. Chair- cal works infringed the copyrights of works contests the rate or the amount of the li- man, the amendment that I offer today in the society’s repertoire, the arbitrator cense fee demanded by the society for such is the culmination of nearly 4 years of shall impose a penalty for such infringe- performance, the district court shall, if re- effort to provide relief for the small ment. Such penalty shall not exceed the ar- quested by the general music user, refer the business community from the unfair dispute to arbitration, which shall be con- bitrator’s determination of the fair and rea- music licensing system administered sonable license fee for the performances at ducted in accordance with section 504(d)(2) of title 17. Each district court shall establish by the performance rights monopolies. issue. My involvement in this issue stems ‘‘(B) DEFINITIONS.—(i) For purposes of this procedures by local rule authorizing the use paragraph, a ‘general music user’ is any per- of arbitration under this subsection. The from the tactics of an ASCAP opera- son who performs musical works publicly but definitions set forth in title 17 apply to the tive who circumnavigated a lake in my is not engaged in the transmission of musi- terms used in this subsection.’’. district, hitting up every bar or res- cal works to the general public or to sub- SEC. 204. VICARIOUS LIABILITY PROHIBITED. taurant with the standard take-or- scribers through broadcast, cable, satellite, Section 501 of title 17, United States Code, leave-it proposition. Needless to say, I or other transmission. is amended by adding at the end the follow- received a number of calls from per- ‘‘(ii) For purposes of this paragraph, trans- ing: plexed and outraged owners. The tac- missions within a single commercial estab- ‘‘(f) A landlord, an organizer or sponsor of tics of ASCAP’s representative prompt- lishment or within establishments under a convention, exposition, or meeting, a facil- common ownership or control are not trans- ity owner, or any other person making space ed me to make a more thorough inves- missions to the general public. available to another party by contract, shall tigation of how these performance ‘‘(iii) For purposes of clause (ii), an ‘estab- not be liable under any theory of vicarious rights organizations function and who, lishment’ is a retail business, restaurant, or contributory infringement with respect to if anybody, controls their behavior. bar, inn, tavern, or any other place of busi- an infringing public performance of a copy- What I learned was an eye opener. ness in which the public may assemble. righted work by a tenant, lessee, subtenant, ASCAP and BMI, the two largest music ‘‘(C) ENFORCEMENT OF ARBITRATOR’S DETER- sublessee, licensee, exhibitor, or other user licensing societies, are virtual monopo- MINATIONS.—An arbitrator’s determination of such space on the ground that— lies operating under consent decrees under this paragraph is binding on the par- ‘‘(1) a contract for such space provides the ties and may be enforced pursuant to sec- landlord, organizer or sponsor, facility administered by the Justice Depart- tions 9 through 13 of title 9. owner, or other person a right or ability to ment. Unfortunately, the Justice De- ‘‘(2) COURT-ANNEXED ARBITRATION.—(A) In control such space and compensation for the partment’s priorities have been else- any civil action brought against a general use of such space; or where, allowing the two monopolies to H1468 CONGRESSIONAL RECORD — HOUSE March 25, 1998 operate with impunity. The conduct of product works so that a customer may TITLE II—MUSIC LICENSING EXEMPTION these monopolies has prompted 22 buy it. You go into your local appli- FOR FOOD SERVICE OR DRINKING ES- States to adopt code of conduct laws. ance store to buy a TV. The proprietor TABLISHMENTS Given the licensing society’s’ record of turns the TV on so that you can see the SEC. 201. SHORT TITLE. heavy-handed action, a Justice Depart- quality of the picture. And because the This title may be cited as the ‘‘Fairness In ment that has looked the other way, proprietor did that to sell the TV, they Music Licensing Act of 1998.’’ and a Federal law that is either ambig- have to pay ASCAP under this current SEC. 202. EXEMPTION. uous or clearly skewed, now is the time law. My amendment eliminates that. Section 110(5) of title 17, United States for Congress to act. Code is amended— And finally, the amendment protects (1) by striking ‘‘(5)’’ and inserting ‘‘(5)(A) My amendment incorporates three of landlords and convention owners from except as provided in subparagraph (B),’’; the core principles embodied in my vicarious liability for music licensing (2) by adding at the end the following: original bill, H.R. 789, the Fairness in fees for music played by a tenant or an ‘‘(B) communication by a food service or Music Licensing Act. First it elimi- exhibitor. drinking establishment of a transmission or nates the most unfair aspect of the cur- The CHAIRMAN. The time of the retransmission embodying a performance or display of a nondramatic musical work in- rent system. Under the consent de- gentleman from Wisconsin (Mr. SEN- tended to be received by the general public, crees, any business in the United SENBRENNER) has expired. States that wishes to dispute a licens- originated by a radio or television broadcast (By unanimous consent, Mr. SENSEN- station licensed by the Federal Communica- ing fee with ASCAP or BMI is forced to BRENNER was allowed to proceed for 2 tions Commission, or, if an audiovisual travel to New York City, hire a New additional minutes.) transmission, by a cable system or satellite York attorney, and fight it out in the Mr. SENSENBRENNER. Mr. Chair- carrier, if— Federal District Court for the South- ‘‘(i) either the establishment in which the man, many of our communities do op- ern District of New York, the so-called communication occurs has less than 3500 rate court. erate convention centers and they gross square feet of space (excluding space My amendment establishes local ar- lease out space. If somebody turns on a used for customer parking), or the establish- bitration of these rate disputes so no TV set because they are selling a prod- ment in which the communication occurs one is coerced into accepting a license uct or asking to go on vacation some- has 3500 gross square feet of space or more place, then the city or the owner of the (excluding space used for customer parking) rate simply because it would be foolish and— to spend thousands of dollars to travel convention center gets hit up for a li- censing fee because they could not turn ‘‘(I) if the performance is by audio means to New York to challenge the licensing only, the performance is communicated by monopolies and their litigation war the hand of the tenant on the dial to means of a total of not more than 6 loud- chest. turn the TV set off. speakers, of which not more than 4 loud- Let me point out that the current Mr. Chairman, while considering the speakers are located in any 1 room or adjoin- law requires that these disputes be re- underlying bill, we have suggested that ing outdoor space; or solved in court. My amendment takes Congress is the appropriate place for ‘‘(II) if the performance or display is by it out of court, eliminates the neces- the expansion of the scope of copyright audiovisual means, any visual portion of the expansion of business’ obligations to performance or display is communicated by sity of hiring an attorney, and has means of a total of not more than 4 audio- local arbitration decide the issue. pay additional fees. Meanwhile, the li- visual devices, of which not more than one Second, the amendment updates the censing societies and their defenders in audiovisual device is located in any 1 room, existing home-style exemption. Under the Congress claim that this body has and no such audiovisual device has a diago- the amendment, businesses whose pub- no role in the music licensing debate nal screen size greater than 55 inches, and lic space is 3,500 square feet or less where the central issue is a proposal to any audio portion of the performance or dis- would be exempt from paying royalties perhaps modestly diminish their abil- play is communicated by means of a total of for playing the radio or TV unless they ity to extract fees. But the Constitu- not more than 6 loudspeakers, of which not tion itself suggests the need for bal- more than 4 loudspeakers are located in any charge admission. Those over 3,500 1 room or adjoining outdoor space; square feet would be exempt if they anced intellectual property rights. ‘‘(ii) no direct charge is made to see or had two TVs or less and no more than That is precisely what my amendment hear the transmission or retransmission; six speakers. accomplishes. ‘‘(iii) the transmission or retransmission is It is important to note that the ex- Mr. Chairman, I urge my colleagues not further transmitted beyond the food emption provided in my amendment not to stand aside and permit this Con- service or drinking establishment where it is does not, and I repeat, does not apply gress to do the bidding of the copyright received; and to live or recorded music where the holders who seek a one-way street to ‘‘(iv) the transmission or retransmission is proprietor controls the content. Only licensed by the copyright owner of the work expand their rights while denying bal- so publicly performed or displayed;’’; and TV and radio broadcasts for which the ance and fairness to the small business (3) by adding after paragraph (10) the fol- broadcaster has already paid the roy- users of intellectual property. My lowing: alty are exempt. amendment is supported by virtually ‘‘The exemptions provided under paragraph Let me give an example of how far every small business organization in (5) shall not be taken into account in any ad- down the food chain the licensing soci- the country, including the NFIB, the ministrative, judicial, or other governmental eties go in pursuit of royalties. A National Restaurant Association, the proceeding to set or adjust the royalties pay- marching band plays a song during the National Retail Federation, home able to copyright owners for the public per- half time of a football game. First the formance or display of their works. Royal- builders, florists, and the list goes on. ties payable to copyright owners for any stadium pays the licensing society to In the name of balance and in the public performance or display of their works use the song played by the band. Then name of America’s small business, I other than such performances or displays as the national TV network pays to ask my colleagues for an ‘‘aye’’ vote on are exempted under paragraph (5) shall not broadcast the song. Next the local TV the Sensenbrenner amendment. be diminished in any respect as a result of station pays to broadcast the song. such exemption’’. Then the local cable system pays for SEC. 203. LICENSING BY PERFORMING RIGHTS b 1200 the song again. And finally, the bar in SOCIETIES. Pewaukee Lake, Wisconsin pays for AMENDMENT NO. 3 OFFERED BY MR. MCCOLLUM (a) IN GENERAL.—Chapter 5 of title 17, airing the song on TV. That is right. TO AMENDMENT NO. 1 OFFERED BY MR. United States Code, is amended by adding at the end the following: The music licensing societies are paid SENSENBRENNER five times, five times for the right, the Mr. MCCOLLUM. Mr. Chairman, I ‘‘§ 512. determinations of reasonable license one playing of one song. That is a scam offer an amendment. fee for individual proprietors and that is what my amendment re- The Clerk read as follows: ‘‘In the case of any performing rights soci- ety subject to a consent decree which pro- forms. Amendment No. 3 offered by Mr. MCCOL- vides for the determination of reasonable li- The provision also exempts retailers LUM to Amendment No. 1 offered by Mr. SEN- cense fees to be charged by the performing of stereos and television sets who SENBRENNER: rights society, notwithstanding the provi- under existing laws must pay licensing In lieu of the matter proposed to be in- sions of that consent decree, an individual fees simply to demonstrate that their serted as title II, insert the following: proprietor who owns or operates fewer than 3 March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1469 food service or drinking establishments in forming rights society has agreed to with, or The CHAIRMAN. Is there objection which nondramatic musical works are per- which has been determined by the court for, to the request of the gentleman from formed publicly and who claims that any li- a significant segment of the music user in- Florida. cense agreement offered by that performing dustry to which the individual proprietor be- There was no objection. rights society to the industry of which the longs.’’. Mr. MCCOLLUM. Mr. Speaker, we are individual proprietor is a member is unrea- (b) TECHNICAL AND CONFORMING AMEND- sonable in its license fee as to that individ- MENT.—The table of sections for chapter 5 of going to have a serious dispute today ual proprietor, shall be entitled to deter- title 17, United States Code, is amended by in some detail about how we deal with mination of a reasonable license fee as fol- adding after the item relating to section 511 music licensing, but let me tell my col- lows: the following: leagues what my amendment is all ‘‘(1) The individual proprietor may com- ‘‘512.Determinations of reasonable license fee about. It is all about what is called mence such proceeding for determination of for individual proprietors.’’. compromise. It is all about the fact a reasonable license fee by filing an applica- tion in the applicable district court under SEC. 204. DEFINITIONS. that for about 5 years now we have paragraph (2) that a rate disagreement exists Section 101 of title 17, United States Code, been debating, maybe a little longer and by serving a copy of the application on is amended— than that, how to get a copyright ex- the performing rights society Such proceed- (1) by inserting after the definition of ‘‘dis- tension bill out which affects thou- ing shall commence in the applicable district play’’ the following: sands of people and all kinds of busi- court within 90 days after the service of such ‘‘A ‘food service or drinking establishment’ is a restaurant, inn, bar, tavern, or any other nesses totally unrelated to what the copy, except that such 90-day requirement Sensenbrenner amendment is about. shall be subject to the administrative re- similar place of business in which the public quirements of the court. or patrons assemble for the primary purpose The reason we have had that debate ‘‘(2) The proceeding under paragraph (1) of being served food or drink, in which the is because the restaurant owners of shall be held, at the individual proprietor’s majority of the gross square feet of space is America have wanted to be exempted election, in the judicial district of the dis- used for that purpose, and in which nondra- from some long-term fees that they trict court with jurisdiction over the appli- matic musical works are performed pub- have had to pay song writers for play- cable consent decree or in that place of hold- licly.’’; ing their music in their restaurants, ing court of a district court that is the seat (2) by inserting after the definition of ‘‘fixed’’ the following: and the song writers and their associa- of the Federal circuit (other than the Court tions that collect the fees have been re- of Appeals for the Federal Circuit) in which ‘‘The ‘gross square feet of space’ of a food the proprietor’s establishment is located. service or drinking establishment means the sisting that. And we have arbitrated ‘‘(3) Such proceeding shall be held before entire interior space of that establishment and tried to get dispute settlements the judge of the court with jurisdiction over and any adjoining outdoor space used to and all kinds of things. the consent decree governing the performing serve patrons, whether on a seasonal basis or The gentleman from North Carolina rights society. At the discretion of the court, otherwise.’’; (Mr. COBLE), who is my subcommittee the proceeding shall be held before a special (3) by inserting after the definition of ‘‘per- chairman, and the gentleman from Illi- master or magistrate judge appointed by form’’ the following: nois (Mr. HYDE), who is my full com- such judge. Should that consent decree pro- ‘‘A ‘performing rights society’ is an asso- vide for the appointment of an advisor or ad- ciation, corporation, or other entity that li- mittee chairman, and the gentleman visors to the court for any purpose, any such censes the public performance of nondra- from Michigan (Mr. CONYERS), who is advisor shall be the special master so named matic musical works on behalf of copyright our ranking member, and the gen- by the court. owners of such works, such as the American tleman from Massachusetts (Mr. ‘‘(4) In any such proceeding, the industry Society of Composers, Authors and Publish- FRANK) have all worked hours and rate, or, in the absence of an industry rate, ers (ASCAP), Broadcast Music, Inc. (BMI), hours trying to get agreement between the most recent license fee agreed to by the and SESAC, Inc.’’; and these parties on something so we could parties or determined by the court, shall be (4) by inserting after the definition of ‘‘pic- move this bill ahead. presumed to have been reasonable at the torial, graphic and sculptural works’’ the fol- time it was agreed to or determined by the lowing: Well, we never got there. But this court. The burden of proof shall be on the in- ‘‘A ‘proprietor’ is an individual, corpora- amendment I am offering is essentially dividual proprietor to establish the reason- tion, partnership, or other entity, as the case where those gentlemen think the com- ableness of any other fee it requests. may be, that owns a food service or drinking promise ought to be. It is true com- ‘‘(5) Pending the completion of such pro- establishment. No owner or operator of a promise. ceeding, the individual proprietor shall have radio or television station licensed by the What it does is this: It provides that the right to perform publicly the copy- Federal Communications Commission, cable most of the restaurants of this coun- righted musical compositions in the rep- system or satellite carrier, cable or satellite try, the vast majority, will be exempt- ertoire of the performing rights society, and carrier service or programmer, Internet serv- ed from paying this fee, so the small shall pay an interim license fee, subject to ice provider, online service provider, tele- retroactive adjustment when a final fee has communications company, or any other such businessman will not have to pay it been determined, in an amount equal to the audio-visual service or programmer now anymore. It is about $30 a month, they industry rate, or, in the absence of an indus- known or as may be developed in the future, tell me, for each restaurant, and the try rate, the amount of the most recent li- commercial subscription music service, or big restaurants are still going to have cense fee agreed to by the parties. Failure to owner or operator of any other transmission to pay it. I think that is fair because pay such interim license fee shall result in service, or owner of any other establishment that is the property right of the song immediate dismissal of the proceeding, and in which the service to the public of food or writer that he or she has invested their the individual proprietor shall then be drink is not the primary purpose, shall under entire livelihood in. deemed to have had no right to perform the any circumstances be deemed to be a propri- copyrighted musical compositions in the rep- etor.’’ In fact, what it boils down to, if we talk about song writers, is that, and ertoire of the performing rights society SEC. 205. CONSTRUCTION OF TITLE. under this section from the date it submitted Except as otherwise provided in this title, there are thousands of them out there, its notice commencing the proceeding. nothing in this title shall be construed to re- very few of them ever have a big hit. ‘‘(6) Any decision rendered in such proceed- lieve any performing rights society of any The few that do are not terribly wor- ing by a special master or magistrate judge obligation under any State or local statute, ried about it, but the thousands that do named under paragraph (3) shall be reviewed ordinance, or law, or consent decree or other not average under $10,000 a year in in- by the presiding judge. Such proceeding, in- court order governing its operation, as such come, average under that. So they are cluding such review, shall be concluded with- statute, ordinance, law, decree, or order is in in 6 months after its commencement. really very small business people, and effect on the date of the enactment of this their primary livelihood, their only ‘‘(7) Any such final determination shall be title, as it may be amended after such date, binding only as to the individual proprietor or as it may be issued or agreed to after such livelihood, frankly, comes from the commencing the proceeding, and shall not be date. royalties on their songs. And royalties applicable to any other proprietor or any SEC. 206. EFFECTIVE DATE. pay gradually. other performing rights society, and the per- This title and the amendments made by Many, many different times, as the forming rights society shall be relieved of this title shall take effect 90 days after the gentleman from Wisconsin (Mr. SEN- any obligation of nondiscrimination among date of the enactment of this title. SENBRENNER) correctly pointed out, similarly situated music users that may be imposed by the consent decree governing its Mr. MCCOLLUM (during the reading). these songs are played, reproduced at operations. Mr. Chairman, I ask unanimous con- different levels, and a little bit here or ‘‘(8) For purposes of this section, the term sent that the amendment be considered a little bit there, penny here or penny ‘industry rate’ means the license fee a per- as read and printed in the RECORD. there, is paid into a royalty house that H1470 CONGRESSIONAL RECORD — HOUSE March 25, 1998 distributes money to these folks that Granted, almost all the small res- each of the 12 circuits. That does not only nets them out, after all is said and taurants are being exempted, but even reduce the cost to a proprietor who done, for everything they write in a the larger ones, we do not want them wishes to contest something that he given year about $10,000 overall in the to have to go to New York. We do not feels unreasonable. Going to San Fran- whole Nation. want any other business to have to cisco from Pocatello, Idaho, or to At- And the restaurants are a big part of travel that far from home. So we set up lanta from Kissimmee, Florida, or to that. And if we take away, as the Sen- a provision in the substitute amend- Chicago from Superior, Wisconsin, is senbrenner amendment does, virtually ment that the circuit seat of every one going to cost a lot of money and the all restaurants in the United States of the Federal judicial circuits, that is, meter ticks; and local arbitrations in paying these fees and lots of other 12 of them, where the Federal circuit the Sensenbrenner amendment will businesses too, we have taken away a courts sit, there will be a circuit rider solve that. big hunk of that $10,000 that the aver- from that rate commission travel out Secondly, the McCollum amendment age song writer gets in the United there periodically so rate disputes can only covers certain restaurants and not States from his or her work product be heard. other music users, whereas, my amend- each year. But we will have uniformity. We will ment is universal. Only bars and res- But my amendment is going to go to not go to the arbitration in every local taurants are covered by the McCollum exempting small businesses. It is the hometown that the Sensenbrenner amendment, not funeral homes, the compromise to do that. It does it by amendment proposal would do. dentist’s office, florists, the Main using the same 3,500 square feet num- The CHAIRMAN. The time of the Street appliance store. They still are ber that the Sensenbrenner amendment gentleman from Florida (Mr. MCCOL- subject to the same type of harassment does to exempt, but it does it on a LUM) has expired. by ASCAP and BMI that my amend- gross square footage level, which is a (By unanimous consent, Mr. MCCOL- ment seeks to eliminate. So unless our lot more reasonable to do, where we LUM was allowed to proceed for 1 addi- funeral home or our dentist’s office has talk about the entire restaurant, tional minute.) got a restaurant or a bar license, then whether it is made up with kitchens or Mr. McCOLLUM. Mr. Chairman, so we do not get the exemption. So it is bathrooms or whatever, not trying to what I am trying to do in this sub- very narrowly targeted. get in there and be more obtrusive, stitute is fairly straightforward; it is Third, the McCollum amendment is that I do not think most restaurants to provide an opportunity for the Mem- poorly targeted and would include would want, and trying to measure out bers to vote on as close as we can get parts of a restaurant where music is every restaurant to figure out just ex- it to where the dispute has been put in not played. For example, the 3,500 actly how much this or that or the terms of compromised negotiations square feet contained in the McCollum other restaurant has in the way of over all of these 5 years. amendment includes the bathroom, the square footage for the actual eating When it became ripe here in the last broom closet, the refrigeration area, space. couple of weeks, we did not get this to the storage area and the like, instead It takes what will probably be on the closure. Frankly, the restaurants want of the 3,500 square feet in my amend- books in the local community with the more. Frankly, the song writers would ment, which is just where the music is ordinances that they have and the zon- like to have it more their way. But the played. If we want to pay a royalty fee ing requirements and all, so we can reality is, this is truly a compromise or have to pay a royalty fee, we ought clearly see, without having to go in that will provide my amendment, my to pay a royalty fee where people can there and take a tape measure, how substitute, provide relief for the truly listen to the music rather than where much are you going to base the fee smaller restaurants, 65, 70 percent of there is no music. upon? The McCollum amendment also does Anyway, the net result of this dis- all restaurants in the United States not apply to all music licensing soci- pute is that we exempt, as I say, 65 or never have to pay these licenses fees 75 percent in my amendment, whereas again; provide easy access to courts, to eties in its circuit rider provision. It his does virtually all the restaurants in settling these disputes closely in the only provides to ASCAP and BMI, the United States. geographical area, and protect the which are the subject of the consent If a restaurant has 6 or fewer speak- property rights of the song writers so decrees that were entered many years ers for broadcasting on radio or tele- the song writers can still get some ago. Bob Dylan is not a member of vision or 4 or fewer televisions, my sub- money, some income, since most of ASCAP and BMI, and if one of his stitute amendment will exempt that them do not have a whole lot, from the tunes comes up on the radio or the TV, restaurant no matter what size it is, no larger restaurants and the larger estab- the McCollum amendment does not matter what size it is. That seems very lishments. That is what it is all about. apply, and the restaurateur or the bar reasonable. I urge a vote for my substitute as the owner or the other retail proprietor is But at the same time we provide bal- reasonable alternative and com- subject to the existing law. The Sen- ance. Besides making these changes promise. senbrenner amendment does not have that exempt a lot of restaurants, we Mr. SENSENBRENNER. Mr. Chair- that defect. provide balance in the compromise man, I rise in opposition to the amend- There is no freedom from vicarious amendment to the song writers because ment. liability in the McCollum amendment. we protect their property rights so Mr. Chairman, first of all, this So our city’s convention center or a big they get something back from the larg- McCollum amendment is no com- hotel which is open for various types of er restaurants. And we recognize they promise. It was the last offer of the exhibitions is on the hook because one do not always have the big hit by giv- music-licensing monopolies, ASCAP of their tenants that they have leased ing them this protection. and BMI, in the negotiations which space out to happens to turn on the TV By the way, my amendment would broke off and has been rejected unani- when licensed music is played. The increase the exemptions by about 406 mously by all the organizations that Sensenbrenner amendment gets rid of percent over what they are now. I support my amendment. The adoption the vicarious liability, and that is a think now there are very few that are of the McCollum amendment will not protection for hotels as well as for the exempted. But we also provide some fix the problem with music licensing. municipalities that operate convention balance in terms of the access to the I would like to give a little compari- centers and the like. courts and to the rate dispute settle- son between the two. First, the McCol- The McCollum amendment circuit ment process that has been discussed. lum amendment does not provide for rider adjudication provision is only as Right now there are problems in the local arbitration. Any business owner good as the Department of Justice con- fact that the rate commission that de- or proprietor that wishes to contest a sent decrees. If the DOJ gets rid of the cides various disputes over whether rate demand by ASCAP and BMI still consent decrees, then everything goes this fee or that fee should be paid when has to go to court and hire a lawyer. back to New York City. And DOJ has a restaurant owes is set up in New Now, instead of having to go to New done that on many complicated areas, York and everybody has to go to New York, the McCollum amendment has the most prominent of which is the York. That is expensive. the cases heard by a Special Master in AT&T litigation consent decree. March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1471 The McCollum amendment only ap- tems with 2 television sets. So there is I quoted from this earlier, but I think plies to a restaurant owner who does ample room for agreement. it is important to note that even going not own any other business besides his I am troubled frankly by some of the right up to the Supreme Court of the restaurant. So if the restaurant owner provisions in this amendment. I would United States, the importance of music is into something else, the McCollum like to leave the system largely as it is and music rights has been recognized. amendment does not apply. It would go at present. But I think that trying to It was Supreme Court Justice Oliver back to the existing law which is so achieve some balance is a realistic Wendell Holmes who said it is true that strongly objected to. compromise, my colleague has come music is not the sole object but neither And finally, under the McCollum forward with a reasonable amendment. is the food. The object is a repast in amendment, an appliance store dealer We do need to focus, though, on what surroundings that give a luxurious who sells radios and TVs would still a failure to adopt his amendment is pleasure, not to be had from eating a have to pay royalties for music that really all about. You see, there really silent meal. comes across the TV when he turns is not any free lunch, we have all heard If music did not pay, it would be them on to sell them. The Sensen- that, and if the restaurants across this given up. Whether it pays or not, the brenner amendment does not do that. country were to offer one free lunch purpose of employing it is profit and I think that the McCollum amend- after another, we know full well that that is enough. Indeed it is. It is a very ment is a sham. It is a fig leaf that they would go out of business because real quantity. As Justice Holmes wrote really does not solve the problems that they have to earn a profit on their in the language of an earlier era when have caused this issue to come to the labor and on their services. this right was recognized, the song- writer contributes something to the Congress. And finally, I would like to b 1215 point out that there are those who say restaurant or the small business or the that passing the Sensenbrenner amend- The same thing is true with reference convention that uses that songwriter’s product, that is very real. It would not ment is going to take away the income to those who offer something to our be used at all if the person using it did of poor, starving artists. If they believe community through song writing and not think that it would bring more ASCAP’s figures, only 14 cents of their through their creative spirit. I believe profit. revenue on the dollar comes from fees that those same folks deserve to have their property protected just as much The CHAIRMAN pro tempore (Mr. from bars and restaurants. My amend- GUTKNECHT) The time of the gentleman ment does not exempt live perform- as the restaurant owner or any small business in this country. from Texas (Mr. DOGGETT) has expired. ances, big nightclubs—— (By unanimous consent, Mr. DOGGETT I think one of the reasons we see The CHAIRMAN. The time of the was allowed to proceed for 1 additional some of our colleagues tending to put gentleman from Wisconsin (Mr. SEN- minute.) SENBRENNER) has expired. our songwriters in a different category Mr. DOGGETT. Mr. Chairman, I want (By unanimous consent, Mr. SENSEN- is that we often think of them as the to be wholly bipartisan, as the gen- rich and famous. We think of famous BRENNER was allowed to proceed for 1 tleman from Florida (Mr. SCAR- additional minute.) artists like Willie Nelson and Jimmy BOROUGH) and I have been on the party Mr. SENSENBRENNER. And estab- Dale Gilmore, we think of people com- line, but I would just close in being lishments that play their own recorded ing star-studded in the limousines and truly bipartisan on the issue of music music, their own CDs and tapes. the designer clothes to the Grammys by making reference to a songwriter My guess is that the exemption that and the other celebrations of music from outside of Austin, a fellow named my amendment proposes might reduce like our South by Southwest Music Don McLean, who wrote ‘‘American ASCAP’s and BMI’s fees by as much as Festival down in Austin. But the truth Pie.’’ The first verse goes like this: 5 cents on the dollar, but they will be of the matter is that most of our art- A long, long, time ago able to pick that up with the 20-year ists are out there working somewhere I can still remember how that music used to term extension that is contained in the else and doing a little creative work on make me smile underlying bill. the side and these revenues which are And I knew if I’d had my chance only costing the restaurant or the That I could make those people dance Vote for balance, vote against McCol- And maybe they’d be happy for a while lum and vote for Sensenbrenner. small business that uses this work But February made me shiver Mr. DOGGETT. Mr. Chairman, I product about $1.58 a day, those reve- With every paper I’d deliver move to strike the last word. nues are vital to that creative spirit. Bad news on the doorstep Mr. Chairman, I have done every- I think not only of the famous groups I couldn’t take one more step thing I could to stop the Sensenbrenner there in Austin, but one that is becom- I can’t remember if I cried amendment except threaten to sing ing a little more famous, the Austin When I read about his widowed bride myself; and I would ask my colleagues Lounge Lizards. They have a hit called But something touched me deep inside to spare the House that kind of cir- ‘‘Newt the Gingrich.’’ If they want to The day the music died. cumstance by supporting the amend- play that over in the Republican Con- What this amendment is all about is ment the genuine compromise and ference to add a little bit more tran- to ensure that the creative genius of moderate approach that the gentleman quility and a little ambience, they our songwriters does not die, at least protected in part with the moderate, from Florida (Mr. MCCOLLUM) has of- would be permitted under the McCol- fered as a substitute to the Sensen- lum amendment to do that without reasonable approach that the gen- tleman from Florida (Mr. MCCOLLUM) brenner amendment. having to pay any licensing fee. I think A lot was just said about it. But I it would be worth $1.58 a day to them has advanced here today. Mr. DREIER. Mr. Chairman, I move think that the bottom line that most to do that. But in the spirit of com- to strike the requisite number of people in this House and across the promise, they would be exempted from words. country would want to know about is this. And struggling groups like that Mr. Chairman, I rise in support of the that if it is approved, if this McCollum and the members of that band who will McCollum amendment. I would like to music licensing amendment substitute be up here I think later in the spring to bring up the name of our very dear, de- is approved, 65 percent of all the eating play in Washington, they work full- parted colleague Sonny Bono. Sonny and drinking establishments in this time at other jobs. Bono was someone who got very in- country will be exempt, their problems We ought to recognize the creative volved in this issue. He felt very will be taken care of. genius that they bring, that they are strongly about it. Sonny Bono had a Already the national licensed bev- not driving the limousines, they are in very unique perspective on this issue. erage folks have agreed to something the cowboy boots and they are driving He was a restaurateur, and he was also very, very similar, if not exact, to the the pickup trucks down in our area, a songwriter. amendment that the gentleman from and that they have property rights I believe that as we look at this Florida (Mr. MCCOLLUM) is offering. that deserve to be protected, not stolen issue, that Sonny would have sup- The same amendment would exempt as would be accomplished by the Sen- ported what I do believe is a com- audio sound systems with fewer than 6 senbrenner amendment if it were promise. The gentleman from Wiscon- speakers and would exempt video sys- adopted in full. sin (Mr. SENSENBRENNER) indicated this H1472 CONGRESSIONAL RECORD — HOUSE March 25, 1998 is not a compromise, but as I have which is all that we were discussing be- equitable. It is absurd to suggest that talked to lots of people on this issue, it fore we got to today in these debates the thousands of songwriters who be- seems to me that this is in fact a com- between restaurants and music writers. long to these trade associations could promise. Obviously not everyone agrees Mr. DREIER. If I could reclaim my ever negotiate a contract on their own. to it, but it is a compromise. time, I would say maybe the gentleman I understand why the restaurant as- What does it do? It actually in- went even further than I might have in sociation would want to focus on the creases, as the gentleman from Texas this negotiating process. I will never- market power of ASCAP and BMI, but said, the number of exemptions by 400 theless continue to support the amend- I think it is important to remember percent, to 65 percent of those res- ment. what this issue is really about. It is taurants that actually will be exempt. Mr. FRANK of Massachusetts. Mr. about the people that are part of these That is information that was provided Chairman, will the gentleman yield? trade associations, the songwriters who to us by the Congressional Research Mr. DREIER. I yield to the gen- create American music. They are most- Service. tleman from Massachusetts. ly people whose songs we all know by There is another issue here that is Mr. FRANK of Massachusetts. Mr. heart but whose names none of us, or rather troubling to me, and that is as Chairman, on this question about most of us, would not even recognize. we deal in this global economy today, whether or not this is a compromise, As Mac Davis testified at our hearing, which obviously is getting smaller and and the gentleman has mentioned our the people who write the songs are the smaller and smaller as we have found late colleague Sonny Bono who worked low men on the totem pole, the tiny from the trip of the President to Africa so hard for this, he frankly thought names in fine print and parentheses who was there touting the agreement this went much too far. He wrote a let- under that star’s name on the label, which we just passed in this House last ter to the Registrar of Copyrights ex- the last guys to get credit and the last week on expanding new trade opportu- pressing his opposition to the notion of guys to get paid. They are the ones who nities with sub-Saharan Africa, it giving away on the square footage that create the music that fuels an industry seems to me that as we look at that he felt it might undermine our inter- that pours millions of dollars into our very important issue which we as national negotiating process. economy and generates millions upon Americans continue to argue in behalf I say that simply for those who would millions of dollars in taxes. Yet the of, that being intellectual property, the deny that this is a genuine com- songwriters get the smallest piece of fact that when an individual has an promise. There were people who were the pie, pennies, if you will. idea, a concept, that person should be strong supporters of the original bill Mac Davis is one of the lucky ones. remunerated for that. If we were to who thought it went too far. He is a renowned songwriter. His musi- pass the Sensenbrenner amendment, it Mr. Chairman, I am supportive of it cal gifts have been recognized and he would send, I believe, a terrible signal because I think it is a reasonable ap- has done extremely well. But most to our global trading partners that we proach, but I do want to validate the songwriters write hundreds of songs as a nation are not going to be there on point he made. This is a genuine com- over the course of a long career before they achieve financial success, if they the front line arguing in behalf of in- promise. Mr. Bono in fact thought it ever do. George David Weiss, who is the tellectual property. had gone too far. Mr. Chairman, I am strongly support- Mr. DREIER. Mr. Chairman, I thank current President of the Songwriters ing the McCollum amendment. Frank- the gentleman for his contribution on Guild and one of America’s truly great ly, I do not think it is the very best that. I would simply say that the only songwriters, commissioned a study that established that 10 percent of his measure but I am in support of it as a argument that we will be able to use colleagues are able to earn a living compromise. It is a compromise that with our international trading partners writing songs. He quoted a study that many of our friends in the entertain- is the fact that we have been able to was done in 1980 and I am quoting now. ment industry seem to be accepting. come to a compromise with those who Song writing is an occupation which has a Mr. MCCOLLUM. Mr. Chairman, will do in fact hold that intellectual prop- erty here. high degree of risk, a high degree of failure, the gentleman yield? a low chance of success and in general mi- Mr. DREIER. I yield to the gen- I urge strong support of the McCol- serly rewards. lum amendment as a compromise. I tleman from Florida. Like all true artists, they do what Mr. MCCOLLUM. Mr. Chairman, as hope very much that we will finally be they do because they love it. When it able to put to rest this battle which the gentleman knows, as part of that comes to being compensated for their compromise, we have actually in- has been going on for literally years labors, they are willing to accept the creased from what the gentleman from and recognize the very important verdict of the marketplace. But what Wisconsin (Mr. SENSENBRENNER) is of- rights of talent that exists in this they cannot accept is having their fering the exemption for up to four TV country. work stolen from them, and that is sets instead of two in a restaurant Also in closing, I see our former col- what the Sensenbrenner amendment which actually is very sizable. We have league Carlos Moorhead has just come would do. I urge my colleagues to vote doubled the number. That was some- into the Chamber. He deserves a great for the McCollum amendment. thing that, quite frankly, the music in- deal of respect for his work on this Mr. TALENT. Mr. Chairman, I move dustry really did not want us to do. We copyright legislation, which he has to strike the requisite number of have tried to go out. That is beyond pursued for a long period of time. Re- words. the discussion point where this was a solving this whole overall bill, it will Mr. Chairman, we have heard a num- couple of weeks ago. There has been a be a great day for this institution. ber of different artistic products big effort at that. Mr. DELAHUNT. Mr. Chairman, I quoted this afternoon. I think that is Also, the gentleman from Wisconsin move to strike the requisite number of probably appropriate in this context. I has taken away some liability that the words. remember when I was growing up I was owner of a space that might be renting Mr. Chairman, much has been made a big fan of the show All In The Fam- it has whenever they might be improp- about the ability of the performing ily. I remember one time somebody erly showing, say, Titanic or some- rights societies, principally ASCAP said to Archie Bunker, who was of thing, so you do not any longer get a and BMI, to drive a hard bargain. They course the lead character in that show, fee. It is kind of clever, the owner who have been described as monopolies. I to those old enough to remember, they might know about this. would just simply quote a great South said, ‘‘The times they are a-changing, Last but not least, he has come along Boston philosopher, Paddy McPhagan, Arch,’’ quoting a Bob Dylan song. He also and done some other things that who clearly would say in these cir- said, ‘‘Yeah, and every time they do are kind of in the grass back there. He cumstances, ‘‘Give me a break.’’ These they turn around and kick me in the has managed to come to the position of organizations are not monopolies. They rear end.’’ saying even the music channel like are trade associations, collective bar- That is how I think the small busi- Muzak, even if you play that, and that gaining units, if you will, which enable nesses of this country continually feel. is what you are playing from a trans- authors and composers to negotiate They are ganged up on by big govern- mission other than radio and TV, contractual terms that are fair and are ment, by big business, by monopolies, March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1473 whether you call them trade societies rights to be only charged $80 a month Mr. SCARBOROUGH. Mr. Chairman, or artistic units or whatever, by the like the guy next door instead of $100 a will the gentleman yield? big people who come in and nick them month. And again, we all know that. It Mr. TALENT. I yield to the gen- for a little money here and there and will not make any difference. We will tleman from Florida. under circumstances where even if they be right back where we started from if Mr. SCARBOROUGH. Mr. Chairman, tentatively or theoretically have some we pass McCollum instead of the Sen- the gentleman from Missouri said rights under the law, they cannot do senbrenner amendment. something needs to be done, he said anything about it. Mr. Chairman, there is a lot of inter- that the property rights need to be pro- The politicians always say, ‘‘Yeah, est at stake here. That is why these tected, he said that they need to do small businesspeople, we love you. things are hard, and that is why Mem- something, and yet he was talking You’re the backbone of our economy, bers honestly feel differently about about endorsing an amendment that is the backbone of our communities.’’ these kinds of issues, because we have a black-and-white, an all-or-nothing Now we get a chance to do something a conflict of interest. It is important to approach where absolutely nothing is to help these people, to vindicate their protect the intellectual property done. Their property rights will be ab- efforts, to vindicate their efforts to rights, as my friend from California solutely eviscerated. achieve the American dream, and we talked about, people who write songs, So my question to the gentleman is, have difficulty doing it. and protect them not just here but all as somebody who I have seen for 3 or 4 Let us talk about what the real- over the world. We need to protect years respect property rights, where do world situation is here. It is a dentist them in sub-Saharan Africa as well. we go from here? If my colleague sup- or somebody who runs a funeral home But there is another interest, the in- ports an amendment that will destroy or somebody who runs a small res- terests of these small businesspeople all property rights then what does the taurant. They have some speakers in who stake everything on their invest- gentleman propose we do next? the background and they carry a local ments in their small business, for Mr. TALENT. Mr. Chairman, re- radio broadcast. Somebody comes in whom that is their life. They are inter- claiming my time, of course the gen- from BMI or ASCAP and has a beer or ested in being treated fairly. That is tleman knows I am not supporting an sits there in the waiting room and lis- important too, and we ought to recog- amendment that destroys all property tens for a little while and writes down nize that. rights, and the gentleman is setting up some songs and then asks to see the I agree there is no such thing as a a premise that is a false premise. manager and says, ‘‘You’re playing free lunch, and we have all learned that The copyright is vindicated in every music that we’ve licensed. You owe us in a lot of different endeavors and a lot case because it is paid for at least once, a hundred dollars a month. Here’s the of different circumstances. But how sometimes it is paid for twice, some- contract. Sign it. If you don’t think many times does one have to pay for times it is paid for three times. And lunch? Go to a restaurant, pay for it you owe us or if you don’t think you now if the gentleman will indulge me, once. Every situation where a small owe us that much, you can do some- let me ask him a question: Does he ex- business owner is playing radio music, thing about it. You can go to the pect a tavern owner or a dentist who that license has been paid for at least Southern District of New York and file lives in Fargo or who lives in Nebraska once by the radio operator, sometimes suit in Federal court and try and vindi- to be able to come to St. Louis to vin- twice, three or four times if it is a TV cate your rights under the law.’’ dicate his right maybe to pay 20 or 30 broadcast. or $40 less? Why is the gentleman b 1230 Let us deal with this issue. Let us afraid of an arbitration procedure, And they know and we know and ev- admit what we all know. Incidental use which is what we have in the Sensen- erybody knows that is not going to of this music by people who are not brenner amendment? happen. That is what the Sensen- charging admission, who do not have a The CHAIRMAN pro tempore. The brenner amendment is designed to fix. jukebox, who do not have a CD player, time of the gentleman from Missouri they are too small on the chain for us We have been trying to fix it for years. (Mr. TALENT) has expired. Even the supporters of the McCollum to go out and get them in a way that is (By unanimous consent, Mr. TALENT amendment admit we need to fix some- fair and a way that is appropriate and was allowed to proceed for 30 addi- thing here, we need to do something a way that allows them to vindicate tional seconds.) about the situation. their rights when they feel they have Mr. SCARBOROUGH. Mr. Chairman, Now the reason I support SENSEN- been treated unfairly. will the gentleman yield? BRENNER and not MCCOLLUM comes We can solve this issue and solve it Mr. TALENT. I yield to the gen- down to a couple of things, a couple of now. Let us pass the Sensenbrenner tleman from Florida. the biggest things. First is, the McCol- amendment. Let us be fair to the small Mr. SCARBOROUGH. Mr. Chairman, lum amendment does not cover every- businesspeople. I am not afraid of an arbitration proc- body who is in the situation, only cov- Mr. SCARBOROUGH. Mr. Chairman, ess, and I like the McCollum idea that ers some restaurants. How many? will the gentleman yield for a moment? we are actually taking it out of New Mr. TALENT. I yield to the gen- Sixty-five, 70, 55; I do not know if it York and moving it across the country. tleman from Florida. does not cover all of them, and it does Mr. SCARBOROUGH. Mr. Chairman, What I fear is that the gentleman is not cover the funeral homes or the flo- I have great respect for the gentleman, setting up an arbitration system that rists or the dentists’ shops, so this will and I have followed him on a lot of has absolutely no supervision from any not be the end of it if we pass Sensen- issues in our committee and on the court above it. The gentleman is going brenner. They will be coming back be- floor. to be talking about the wild, wild West cause they are manifestly being treat- Mr. TALENT. Reclaiming my time, where somebody in Fargo could make a ed in an unjust fashion where they can- so far the gentleman is fine. decision that has absolutely nothing to not vindicate their rights under the Mr. SCARBOROUGH. But I am going do with the rate system that happens law. to ask a question or two that the gen- in Atlanta, Georgia or California. We And the other problem with the tleman may not be fine with. would not do that with our Federal McCollum substitute is that it requires Mr. Chairman, the gentleman has court system; why would we do it with these small businesspeople to go to cir- said that we need to do something, we this? cuit court in the seat of where? In the need to protect the property rights of Mr. TALENT. Reclaiming my time, city where the circuit court is these people. Mr. Chairman, a local arbitration pro- headquartered. Might as well be the The CHAIRMAN pro tempore (Mr. cedure with a neutral expert master at Southern District of New York or Hon- GUTKNECHT). The time of the gen- arbitration is the only way to permit olulu or Russia or the Moon. If one tleman from Missouri (Mr. TALENT) has these issues to be heard and give every- lives in North Dakota or South Dakota expired. body a chance to have their rights vin- they cannot go to St. Louis, where the (By unanimous consent, Mr. TALENT dicated. Eighth Circuit Court of Appeals is lo- was allowed to proceed for 1 additional Mr. HOYER. Mr. Speaker, I move to cated, and try and vindicate their minute.) strike the requisite number of words. H1474 CONGRESSIONAL RECORD — HOUSE March 25, 1998 Mr. Speaker, I rise in strong support without agreement. I do not know that; brenner amendment to H.R. 2589, the ``Copy- of the legislation, in strong support of I have heard that. right Term Extension Act,'' and urge the the McCollum amendment, and in op- But let us, as we vote on the Sensen- House to support the substitute. position to the Sensenbrenner amend- brenner amendment, remember Ste- I believe the McCollum/Conyers substitute ment. phen Foster, remember that Stephen presents Members with a reasonable and bal- This amendment is nothing short, re- Foster gave us so much, this Nation anced alternative on the issue of music licens- ferring to the Sensenbrenner amend- and this world, enriched our lives, en- ing. According to the Congressional Research ment, of a taking. I have heard a lot riched our culture, enriched our enjoy- Service, the McCollum/Conyers substitute will about taking. This is about taking, ment, and let us not say to the Stephen exempt over 60% of all restaurants in the whether to or not to. It would force Fosters of the world what they do is United States from paying music licensing songwriters to provide their music for not worth us compensating them for it. fees to songwriters for music played over free to restaurants and others. I would hope that we would defeat radio and television to their customers in order My colleagues, Stephen Foster died a the Sensenbrenner amendment, pass to enhance their businesses. pauper. Why did Stephen Foster die a the McCollum amendment, and pass This is ``Small Business Week'' on the floor pauper? Because the product he created the bill. of the House. We are considering important was not popular, was not wanted, was Mr. HYDE. Mr. Chairman, I move to legislation that will help to preserve the not used? No. Because Stephen Foster strike the requisite number of words. strength of a sector of our economy which em- put his product on the table, it was (Mr. HYDE asked and was given per- ploys more Americans than any other. The eaten, if my colleagues will, listened mission to revise and extend his re- Sensenbrenner Amendment includes an ex- to, more appropriately, but not paid marks.) emption for large chains and corporations who for. And so Stephen Foster, one of the Mr. HYDE. Mr. Chairman, I do not are able to pay their fair share of licensing great songwriters of America, and in- intend to take the full 5 minutes, but I fees to songwriters, many of whom, I might deed the world, died a pauper because do want to say that I support the also mention, are small businesses them- the world enjoyed his music but did not McCollum amendment. I have great re- selves. The McCollum/Conyers substitute con- compensate him for his music. spect and admiration for Mr. SENSEN- centrates on true small businessesÐthose The McCollum amendment tries in a BRENNER who has worked long and hard restaurants under 3,500 gross square feet. reasonable way to get at what is a on this issue, and admirably so. It is That constitutes over 60% of the restaurants problem that is by some perceived as regrettable that over 3 years of discus- in America. The substitute also exempts res- cataclysmic and by others perceived as sions have not resulted in a negotiated taurants larger than 3500 gross square feet as procedural. It is a reasonable alter- settlement. This is something that long as radio and television music is not native. It is one that I will support. should have been agreed to and nego- played over too many speakers. This will pro- But if it does not pass, I will as strong- tiated, but I guess it was not meant to tect larger restaurants that only play radio and ly as I know how oppose this legisla- be. But the McCollum-Conyers sub- television music in bar areas. tion, even though I believe its underly- stitute, it seems to me, is a reasonable In addition to including large chains and cor- ing 20-year extension of the copyright and balanced alternative to the issue of porations, the Sensenbrenner exemption also protecting one’s property is appro- music licensing, and of some impor- includes within its scope music that comes priate. tance is the Congressional Research from sources other than radio and television. Mr. Chairman, I would hope that my Service finding that the McCollum sub- Surely, we do not want to prevent songwriters colleagues who in fact have some prop- stitute will exempt over 60 percent of from getting just compensation for property erty that we put in the public sphere, all restaurants in the United States that has not already been broadcast publicly not expecting remuneration, at least from paying music licensing fees to for private enjoyment. not in money, the remuneration we ex- songwriters for music played over radio As you know, negotiations on this issue pect is votes when we put our property, and television to their customers. have been ongoing in the Judiciary Commit- our ideas, our thoughts, our opinions in This is small business week on the tees of both the House and the Senate for al- the public wheel. But when a song- floor of the House. We are considering most 3 years now. One of the problems that writer sits down to create art, that important legislation to help preserve Mr. SENSENBRENNER rightly attempts to correct songwriter does so for their own per- the strength of the most important is the fact that small business owners have to sonal enjoyment, but they also do so sector of our economy which employs travel to New York City if they have a dispute with the expectation that if someone more Americans than any other, and about the rate they are being charged to play wants to use their product, they will do the amendment of the gentleman from music in their establishment. This is unfair and in a capitalistic society what we ex- Wisconsin includes an exemption for needs to be rectified. The Sensenbrenner pect, and that is to compensate them large chains and corporations who are Amendment goes too far the other way, how- fairly for that. able to pay their fair share of licensing ever, by being just as unfair to the three per- The previous speaker spoke about the fees to songwriters, many of whom I forming rights organizations by forcing them to problem with small business. Govern- might also mention, are small busi- arbitrate in any town in America. The McCol- ment does not require a small business nesses themselves; I am speaking of the lum/Conyers substitute is a compromise that in America to turn on the radio in song writers. will allow litigants to dispute rates in 12 places their place of business or to turn on The McCollum substitute con- around the country where the seats of our the television in their place of busi- centrates on true small businesses, U.S. Courts of Appeals are located. ness, not one. They do so because they those restaurants and bars under 3,500 I also want to mention the relevance of our think to some degree it enhances the gross square feet. That constitutes international obligations. Under the Trade-Re- ambiance of their establishment, and I over 60 percent of the restaurants in lated Aspects of Intellectual Property Agree- agree with them. And if they thought America. The substitute also exempts ment, and the Berne Convention, the United curtains did or tablecloths did or pret- restaurants larger than 3,500 gross States may also restrict copyright to a point ty windows did, they would have to pay square feet as long as radio and tele- where it does not affect an author's ability to for all of those increases to the ambi- vision music is not played over too own his or her work. I believe, along with the ance of their establishment. many speakers. This will protect larger United States Trade representative and the I have a lot of restaurants in my dis- restaurants that only play radio and Secretary of Commerce, that the Sensen- trict and in my State. I understand television music in bar areas. brenner Amendment may violate these treaties some of them are concerned, and I be- There is much more to be said, and I which are the law of our land. We cannot lieve that the McCollum amendment will put that in the statement that will allow ourselves to be unsuccessful defendants tries to reach out to them and say yes, appear in the RECORD, but if this could under the dispute mechanism of the World we understand there is a problem, let not be resolved, could not be nego- Trade organization on this issue which may us try to solve it and let us try to solve tiated, then I prefer the solution pro- lead to retaliation in areas other than intellec- it where there is a meeting of the posed by the gentleman from Florida tual property such as agriculture or resources. minds. And in fact, I understand there (Mr. MCCOLLUM). The United States makes more money inter- was a meeting of the minds until one Mr. Chairman, I rise in support of the nationally from intellectual property than from party thought perhaps they could win McCollum/Conyers substitute to the Sensen- almost any other sector of our economy. It is March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1475 one of our most prized trade surpluses. We small bar. I never thought that I would cause it is already on-line. The point I must be cautious and balanced in affecting see the day when I would be coming think the gentleman from California our ability to persuade other nations to protect forward to support an amendment that (Mr. BERMAN) is making, which I was U.S. intellectual property. It is difficult to force would exempt establishments of 3,500 trying to amplify, is the fact that that others to live up to intellectual property agree- square feet or under from paying any was the reason why the people came ments if we do not live up to them ourselves. single fee to a performing rights orga- from the restaurants to originally com- Let us not forget that this is about taking nization for the use of their music. plain that started the whole history of someone's property. The Constitution makes it The gentleman from Missouri (Mr. this, is they could not get and figure clear that Congress has a duty to encourage TALENT) made an eloquent statement. this out. Now they can. creativity by allowing for just compensation. I But when you examine some of his The BMI, ASCAP, those associations believe that the McCollum/Conyers Amend- points, he said I do not want a free of songwriters have gone and put it on- ment carries out that purpose while meeting lunch for anyone. But this is a free line so people do not have that com- our international obligations and protecting lunch. He said the music has already plaint anymore. That is the basic rea- small businesses who cannot afford licensing been paid for, not by the people who son. It does not need to be in the bill. fees or travel to New York to dispute an unfair are using it, by the stations that have Mr. BERMAN. Mr. Chairman, I think rate. The Sensenbrenner Amendment violates decided to broadcast it. He is now cre- I should then also correct myself. The that incentive, our international obligations, ating a new public performance of that version of the amendment that I read and reaches beyond the constituency it pur- music. yesterday on the airplane had some ports to protect. If it is just incidental, which is the very specific provisions. Apparently I urge my colleagues to vote for the McCol- way the gentleman from Missouri put they are not in here now. lum/Conyers substitute to the Sensenbrenner it, if it is just incidental to the main Mr. SCARBOROUGH. Mr. Chairman, Amendment. purpose of their business, then if they will the gentleman yield for one sec- Mr. BERMAN. Mr. Chairman, I move do not want to pay the small amount ond? to strike the requisite number of annually they paid in order to use that Mr. BERMAN. I yield to the gen- words. music, they turn the radio off. It is tleman from Florida. (Mr. BERMAN asked and was given very, very simple. It is incidental by Mr. SCARBOROUGH. Mr. Chairman, permission to revise and extend his re- its own terms. If it is incidental, it is just to address the second point, you do marks.) essential. not have to call the radio stations now, Mr. BERMAN. Mr. Chairman, this is I would suggest the music is used as and he knows that. You do not have to an issue raised by the gentleman from part of creating an atmosphere which call the radio stations now anymore. Wisconsin (Mr. SENSENBRENNER)—let encourages customers to come and pa- There is now digital servers. me indicate initially that I rise in tronize that restaurant, and I would The CHAIRMAN pro tempore (Mr. strong support of the McCollum sub- suggest it is appropriate to ask them GUTKNECHT). The time of the gen- stitute and very strong opposition to to pay for that just as much as they tleman from California (Mr. BERMAN) the Sensenbrenner amendment—and it would pay for any other aspect of it. has expired. has been an issue that has been around Mr. SENSENBRENNER. Mr. Chair- (By unanimous consent, Mr. BERMAN the Committee on the Judiciary for a man, will the gentleman yield? was allowed to proceed for 3 additional very, very long time. And it came to us Mr. BERMAN. I am happy to yield to minutes.) initially as stories of a series of abuses, the gentleman from Wisconsin. Mr. SCARBOROUGH. If the gen- real or perceived, reported by owners Mr. SENSENBRENNER. Mr. Chair- tleman will continue to yield, if you particularly of restaurants and bars man, I have a copy of the McCollum want to hear the Beatles 24 hours a about things they were required to do. amendment that appears at page H– day, if you want to hear jazz all day, One, they could not get access to rep- 1448 of yesterday’s RECORD, and I do you can hear jazz all day through these ertoire. The McCollum amendment not see any provision guaranteeing digital servers. That is one of the real- provides that, which I think in practice consumers access to repertoire any- ly dangerous things about this bill is it is now already being provided. It where in the McCollum amendment. expands beyond radio and TV and goes makes it very clear in its provisions Perhaps I am in error, and the gen- into this vast new universe that they that every performing rights organiza- tleman from California can enlighten know is coming down the road. tion will have to list every piece of me. Mr. BERMAN. Mr. Chairman, does music with every writer on the Inter- Mr. BERMAN. Does the gentleman the gentleman from Florida mean the net, with access to the general public, want to take this one at a time? bill or the Sensenbrenner amendment? to the owners and proprietors of the Mr. SENSENBRENNER. The second Mr. SCARBOROUGH. I am sorry, the store. thing is, what we are talking about Sensenbrenner amendment. But these Mr. MCCOLLUM. Mr. Chairman, will here is TV and the radio. And how is servers will also be able to provide the the gentleman yield on that point? the proprietor of the retail establish- restaurant owners in the future serv- Mr. BERMAN. Yes, I yield to the gen- ment to know what song is going to go ices that will allow them just to pipe in tleman from Florida. on next so he can look up whether this music by BMI or just to pipe in music is licensed by ASCAP or BMI? There is by ASCAP. And that technology is b 1245 no way he can do it. available today and certainly will be Mr. MCCOLLUM. Mr. Chairman, I Mr. BERMAN. Mr. Chairman, I was used, I predict, in the next few years to think that is really important because not saying the gentleman is simply an make it easy for restaurant owners to you have two different organizations. agent of the restaurant and bars. He do that. Sometimes smaller restaurants do not used to catalog a series of things he So it is a very easy thing to do. It is want to have to pay a fee to two dif- felt were wrong with the way music very doable. You do not have to call ferent outfits. So they have the list. was paid for, and that it was very dif- your local radio station to see what the They do not have to pay the fee to two ficult for people who had to pay for play list is. And I suspect that most of different outfits. They can just play music to find out just which of the per- the people that were behind this the music of the group that that orga- forming rights organizations had the amendment know that already. nization publishes. The gentleman music, and that was part of his whole Mr. BERMAN. Mr. Chairman, con- from California’s point is really well series of criticisms. tinuing, there was one point, though, made. Mr. Chairman, I yield to the gen- that I have not heard discussed so far. Mr. BERMAN. But this was central tleman from Florida (Mr. MCCOLLUM) The Sensenbrenner amendment simply to the complaints that has initiated to answer the gentleman from Wiscon- is not an amendment that exempts the whole fight that has been going on sin’s initial question. some restaurants and bars. It exempts for, I think, 8, 10 years in the Commit- Mr. MCCOLLUM. Mr. Chairman, the all retail establishments. tee on the Judiciary. fact is that, technically, the gentleman But it does a number of other things. Secondly, it was always put in the from Wisconsin is right. There is noth- It fundamentally changes the whole context of the small restaurant or the ing in my bill about the repertoire be- concept of vicarious and contributory H1476 CONGRESSIONAL RECORD — HOUSE March 25, 1998 infringement of copyright. It contains the penalty is a severe $20,000 per viola- through a process of paying for these a provision which, if applied, would af- tion. That is, a business caught steal- fees. And it is a secondary market. fect the situation like this. I own a ing copyrighted music is still liable One other comment I wanted to number of theaters. I lease those thea- under the Sensenbrenner amendment. make as far as Congress itself. We con- ters to people who are showing unau- I wanted to add a couple of comments stantly have this cuteness. I think it thorized pirated works. And I am ex- based on some of the debate here. We would be very interesting for somebody empt from any liability and charging are kind of getting lost here, whether in the media to go through Members of money for patronizing those particular Stephen Foster would have died a pau- Congress’ records. When constituents works. per, which I find quite a stretch into call in, many Senators and House They exempt from any liability the this debate. This is really about indi- Members put them on hold, and there owner of the property that is leased, viduals who go to eat at restaurants. is music there. thereby eliminating any incentive that There is a mythology that businesses I would be very interested to see that landlord has when he leases his pay taxes. Businesses are pass-through whether, in fact, the copyright laws are studios or facilities to put in provisions agents. What we are really talking being violated by the Members who to ensure that the lessee does not en- about is whether we are going to in- have stood up here and said the res- gage in infringing conduct, does not go crease the cost of eating out for diners, taurant owners should pay. Are they out and do public performances with- or whether diners are going to have paying the starving artists in their of- out paying the people who wrote the less ambience, so to speak, or any fices because they are part of a branch music. music in the background at all. of an institution that has 535 offices in That is a huge and gaping loophole What we are forgetting here in a de- it? Are they paying the fees to the which will lead to a great deal of im- bate between different financial inter- starving artists if they have music proper activity that could easily be de- ests are the actual consumers of Amer- going over their system from a radio terred if you just simply retain exist- ica. Are we in Congress going to, in ef- station? I really question whether that ing concepts of contributory and vicar- fect, pass a food and beverage tax in- is being done in many cases. ious liability. crease in this Congress? Are we going Mr. CALVERT. Mr. Chairman, will I think that is another huge weak- to have little music police going the gentleman yield? Mr. SOUDER. I yield to the gen- ness in the amendment of the gen- around to try to see how restaurants tleman from California. tleman from Wisconsin. The McCollum are enforcing that? Because that is the Mr. CALVERT. Mr. Chairman, I am amendment undoes the effect of that net that will happen. glad the gentleman from Indiana Either we will have the sounds of si- amendment, and, therefore, it should brought up these points. I thought I be supported. lence, perhaps some restaurants will would come on down as a person who Mr. SOUDER. Mr. Chairman, I move broadcast sounds of silence brought to was in the restaurant business or used to strike the requisite number of you by your local congressmen, if this to be in the restaurant business before words. passes. Are we going to have the sounds I came to this body. Mr. Chairman, I am a cosponsor of of silence here in the restaurants, or The CHAIRMAN pro tempore. The H.R. 789, the Fairness in Music Licens- are we going to have higher food time of the gentleman from Indiana ing Act, which has bipartisan support prices? (Mr. SOUDER) has expired. of over 157 Members of Congress. While That is really what we are debating (By unanimous consent, Mr. SOUDER I wish that it were what he was offer- here today. We are not debating starv- was allowed to proceed for 3 additional ing today on the floor, I believe this ing artists versus starving restaurant minutes.) compromised amendment by Mr. SEN- owners. We are debating what is going Mr. CALVERT. If the gentleman will SENBRENNER is fair and balanced. to happen to consumers in the res- continue to yield, I have heard some The Sensenbrenner amendment is taurant business. discussion about 60 percent of the res- balanced because it does several key It kind of frustrates me in this de- taurants would be exempt on the 3,500 things. One, it levels the playing field bate. It is not a matter of just the rich square foot gross. Now, I know from for businesses that use music. These and famous as we hear these things are my experience in the restaurant indus- business owners will now have a way to put together, but, rather, rich and fa- try, many restaurants today are fast settle their disputes with music licens- mous on other sides who are trying to, food establishments, and if you are ing societies without having to go to in effect, hit the consumers at res- adding that restaurant to the compo- rate court in New York City. We have taurants. nent, which I believe it is, I suspect heard about different options under We have also heard that, in fact, res- that the number of dining restaurants, this but that is an important change. taurant owners could try to figure out sit-down establishments is much lower Two, it will allow businesses of a cer- which licensing company is doing this than the number that is being thrown tain size, 3,500 square feet or less where by going to digital. My friend, the gen- out here today. the speakers are located, and that is tleman from Florida (Mr. SCAR- I point out another subject. When I important, because it isn’t just a ques- BOROUGH) made that point. was in the restaurant business, I paid tion of where the diners are sitting, it I am sitting here as a small business ASCAP and BMI fees because I had live is a question of your storage, your owner myself thinking this is not pos- entertainment, and I used to tape kitchens, and receiving areas as well sible. I mean, in effect, businesses will music. So if I used FM radio on the in- are located to be exempt from copy- decide probably not to offer the music terim, it would not have raised my BMI right royalties when they play TVs and or, in fact, they have not only the li- or ASCAP fees at all. radios, which is important to remem- censing fee cost, but the cost of the But those restaurants that just have ber it is TV and radio music. If a busi- people that try to track that licensing FM radio, public access, and television, ness is over 3,500 square feet, it may be fee. which are very few, by the way, it exempt if it plays only two TVs and So we really are talking a significant seems to me the only reason that we has no more than six speakers. potential increase, not just a marginal pursue the Sensenbrenner amendment The Sensenbrenner amendment is increase in the cost of doing business. and not the McCollum amendment. fair because it does not change the law Restaurant owners are already ham- From my perspective, real estate with respect to other kinds of music mered by our Congress in minimum companies who have background that a business may use. For example, wage increases, in marginal inspection music, or you mentioned dentists’ of- a restaurant that has live music or type increases. fices, moving around to pursue collect- plays CDs will not be covered by this As we have more and more two-par- ing fees from these businesses is, I Sensenbrenner exemption. These res- ent working families, more and more think, poor business on their part, but taurants will still have to pay copy- people are eating out. This is really a certainly intrusive to all small busi- right royalties. question of the financial pressures we ness. Two, it does not change the law with are going to put on families just be- I would encourage everyone here to respect to penalties. If a business is cause of radio and TV broadcast, vote against the McCollum amendment found to be violating copyright law, which, in fact, already are going and vote for Sensenbrenner. March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1477 Mr. SOUDER. Mr. Chairman, re- as a whole. When the owner of a res- then one should share some of that claiming my time, I would hope that taurant plays music, he or she does it with the people whose music one is there is an understanding in general to enhance the attractiveness of the playing. There was reference to the when it is background music and not restaurant; it is part of the package of fact that well, it might be played on primarily, something that is the pri- things that bring people in. And what one television on the local station and mary business of the company that is we are saying is, yes, if you are going the network will charge in the long playing the music. to use other people’s work product to term; yes, because they want to make But there is an understanding that enhance the attractiveness of your money off of it. Yes, the network this helps promote, to some degree, the commercial establishment, you should makes money off the program, they music involved with the individuals, pay them something. sell advertising, and then the local peo- and they are not going to be helped by I was surprised to hear this referred ple do it. This notion that there should restaurants going silent. They are not to as a tax. I thought a tax was when only be one source of revenue for each going to be helped by higher prices in one collected the money for the gov- program does not comport with reality. restaurants either. That is really what ernment. I do not think enforcing an This is the principle: If one is en- I have a question about in this Repub- obligation that one private owner owes hancing one’s own money-making abil- lican controlled Congress. Are we, in another is a tax. People play the music ity, which is a good thing, by playing effect, going to pass another backdoor in the restaurants or elsewhere because music and increasing the tax increase? it brings in more customers. If not, attractiveness of one’s place, one owes Mr. FRANK of Massachusetts. Mr. there would not be a problem. some small percentage. The gentleman Chairman, I move to strike the req- People say, well, it would cost more calculated that it would only be about uisite number of words. for the consumer. That is true. And if 5 percent of income. Mr. Chairman, to begin, I want to an- one could get one’s food for free, it Well, I do not think any of us think swer the question posed by the gen- would be cheaper for the consumer. If a 5 percent reduction in income is a tleman from Indiana about whether one could get people to work for free, minor or trivial matter. If we were Members of Congress who play music that would be cheaper for the con- talking about .005, maybe we would be when people are on hold are paying sumer. in that category, but a 5 percent reduc- ASCAP. Mr. SCARBOROUGH. Mr. Chairman, tion in one’s income seems to me a sig- My understanding of this bill is that will the gentleman yield? nificant factor, and we ought not to be you incur that obligation if you are Mr. FRANK of Massachusetts. I yield doing it. I want to stress one other very im- charging people, that is, if you are sell- to the gentleman from Florida. portant point here which will cause ing them a meal. So I assume those Mr. SCARBOROUGH. Mr. Chairman, problems if we adopt the amendment of Members who have charged people to there is a misperception with what the the gentleman from Wisconsin. We call them would owe ASCAP money. So gentleman said, and knowing the gen- spend a lot of time, overwhelmingly if you have a separate line for contrib- tleman, I know that he did not intend supported in this Congress, in trying to utors, then you better talk to ASCAP. to make this mistaken statement, but enforce American intellectual property For those of us who do not charge our he is talking about, it is going to be a rights overseas. new back-door tax increase, it is going constituents to call us, I think we are The CHAIRMAN pro tempore (Mr. to be a new expense. The gentleman probably not in this situation. Al- Gutknecht). The time of the gentleman was talking about a new expense. though I do not play music on my from Massachusetts (Mr. FRANK) has It is not a new expense. It is existing, phone, I do not sing or dance for my expired. constituents, I have more mundane it is already there. In fact, even this (By unanimous consent, Mr. Frank of services I try to perform for them. compromise language subtracts how Massachusetts was allowed to proceed But I would say to the gentleman, if much restaurants would have to pay a for 3 additional minutes.) you are charging people to call you, hundredfold. Mr. FRANK. Mr. Chairman, as was then you better be in touch with BMI Mr. FRANK of Massachusetts. Mr. pointed out by the gentleman from and ASCAP. Chairman, reclaiming my time, I think Florida, the amendment of the gen- the gentleman is correct. We are talk- b 1300 tleman from Wisconsin, unlike that of ing about enforcing the existing obliga- the gentleman from Florida, abolishes Mr. SOUDER. Mr. Chairman, will the tion, and I guess if we agreed with the the doctrines of vicarious and contribu- gentleman yield? gentleman, we would have to assume tory liability here. Mr. FRANK of Massachusetts. I yield that if the amendment of the gen- What that means is that if one is not to the gentleman from Indiana. A tleman from Wisconsin would pass, res- the one who is actually playing the microphone will probably help. The taurant prices would drop, because sud- music, even if one is facilitating that gentleman will not be charged for denly they would not owe as much. in various ways through one’s eco- using it. I do not think anyone in this build- nomic arrangements with them, we Mr. SOUDER. Mr. Chairman, my un- ing believes that. cannot go after them and they may derstanding is that it is a violation of Mr. BERMAN. Mr. Chairman, will have deep pockets. Federal copyright law if one is not pay- the gentleman yield? Here is the problem. If the United ing a licensing fee, whether or not it is Mr. FRANK of Massachusetts. I yield States Congress, in this, so substan- for profit. to the gentleman from California. tially diminishes this notion of con- Mr. FRANK of Massachusetts. Mr. Mr. BERMAN. Mr. Chairman, I guess tributory and vicarious liability and Chairman, reclaiming my time, if the if the gentleman from Wisconsin had exempts people who are making money gentleman is simply playing it in his offered an amendment saying that ev- by playing other people’s music, or office. eryone who owns a restaurant gets to maybe showing other people’s movies, Let me put it this way to the gen- deduct 50 percent of their lease price, or in other ways using other people’s tleman. There is a commercial nexus the gentleman from Indiana would say, products, if we exempt them in some here. No, not every time one turns on in a Republican-controlled Congress, ways, we drive a hole in our efforts to the radio and someone else listens does we have to support that amendment; enforce American intellectual property one have to pay the fee. If one turns on otherwise, we will have an unnecessary rights overseas that is enormous. the radio in one’s office and people tax increase on the patrons of that res- Think what the People’s Republic of wander in to talk, one does not owe taurant. China could do with the amendment of them a thing, and that is the point Mr. FRANK of Massachusetts. Mr. the gentleman from Wisconsin. All that some of the opponents I think are Chairman, reclaiming my time, I think they would have to do is say, okay, we missing here. the gentleman is right. We are talking are going to take these principles that This is a charge for people who are about an existing obligation. the American Congress has adopted; charging the public to come in. Owners But I want to talk about what it is there will be no vicarious and contribu- of businesses are not irrational, they all about. What we are saying is, if one tory liability. If you catch the individ- do not do things randomly, at least not earns money in part by playing music, ual, that is fine; otherwise, no, there is H1478 CONGRESSIONAL RECORD — HOUSE March 25, 1998 no liability. And if it is only incidental were chatting one night, and in the song writers. Rather than deny their to some other use, there is going to be group was the late Sonny Bono. One of right to make a living, Congress should no liability. the Members, I do not recall his iden- recognize the importance and signifi- We severely threaten our ability to tity, but one of the Members said to cance of these gifted and talented indi- protect one of the major sources inter- Sonny, Bono, you are a restaurateur, viduals. As a Representative from nationally by which America profits, you are a song writer. Who do you sup- Nashville, Tennessee, or as I might say and that is intellectual property. port on this issue? it, Music City, USA, I am deeply con- Mr. BERMAN. Mr. Chairman, will Sonny said, can we not support both? cerned about this amendment’s effort the gentleman yield? He said, must I reject one in favor of to compromise the intellectual prop- Mr. FRANK of Massachusetts. I yield the other? erty rights of our song writers and as- to the gentleman from California. And I said to him, amen, Sonny. sault their ability to make a living. Mr. BERMAN. Mr. Chairman, I thank The gentleman from Florida (Mr. Mr. Chairman, this amendment de- the gentleman for yielding. Let us fol- MCCOLLUM) has crafted such a com- values the achievements and diligent low that a little further. promise, a compromise I am told that efforts of our song writers and musi- If a company in Russia proliferates the song writers and the restaurateurs, cians. The property rights of any indi- missile technology in Iran, we are not neither of whom is completely ecstatic, vidual should not be considered second- going to make the Russian Govern- but both of whom can live with. ary to the rights of others. For Con- ment responsible. They did not make I have said before, Mr. Chairman, I gress to single out song writers would the decision, it was just some company am a friend of restaurants in my dis- send a signal to both the American cre- in Russia. It undermines every aspect trict. Restaurateurs speak to me fre- ative community and to the world at of enforcement here when we eliminate quently, and if anybody accuses me of large that intellectual property no the major inducement to do something trashing restaurants just because I am longer holds any value in the United to ensure the law is not violated. supporting the McCollum amendment, States. Mr. FRANK of Massachusetts. Mr. I will meet him in the back lot, be- John F. Kennedy once said, Chairman, reclaiming my time, let me cause that is simply not the case. But I look forward to an America which will re- stress that because the doctrines of restaurateurs come to me and say, this ward achievement in the arts as we reward contributory and vicarious liability are issue is important, but there are other achievement in business or statecraft. I look not obscure, what they say is, if one issues that are far more vital to us as forward to an America which will steadily has rented the premises to people, and operators of restaurants than music li- raise the standards of artistic accomplish- as I read the amendment, even if one censing. You all get that over with, ment and which will steadily enlarge cul- has rented the premises and one knows tural opportunities for all of our citizens. I and there will be other issues on our look forward to an America which commands what they are using them for and one agenda that we want you to visit be- respect throughout the world, not only for knows there is this symptomatic effort fore you adjourn in the fall. its strength, but for its civilization as well. to violate other people’s rights, one is We had conducted 2 hearings on this, Songs are born in any number of not at all liable. Mr. Chairman. Fair and open-minded, magical and mystical ways. But what I ask Members to think what the we invited all parties who had interest might appear to take 15 minutes to cre- People’s Republic of China and other in the matter to appear. The second ate often takes 15 years of hard work, notorious abusers of intellectual prop- hearing occurred in Washington last sacrifice, dedication, practice, and per- erty rights could do with these prin- July. One of the witnesses, a tavern sistence. We should be rewarding these ciples, and I guarantee the Members and restaurant owner from Mr. SENSEN- creators and not punishing them by the that if we enact these into law here in BRENNER’s home State of Wisconsin, in Sensenbrenner amendment. the United States House of Representa- his testimony in response to a ques- Mr. Chairman, I strongly urge my tives, efforts by the United States tion, he admitted that his gross earn- colleagues to oppose this amendment Trade Representative or any others to ings for the current period were in ex- and support the McCollum substitute enforce intellectual property overseas cess of $400,000, and he furthermore ad- amendment in an effort to uphold in- goes down the drain. mitted that his payment to play music tellectual property rights for all. We are talking about movies. We are was $500. Some of the folks almost fell Mr. HEFLEY. Mr. Chairman, I move talking about books. We are talking out of their respective chairs when he to strike the requisite number of about music. We are talking about a announced that his gross was over words. number of very important efforts. I do $400,000, yet he was only required to Mr. Chairman, I just want to say that not think that this is an enormous bur- pay $500. I always thought that we were great den. Now, I am not suggesting, Mr. Chair- when we got behind Radio Free Europe By the way, we have heard from res- man, that that gentleman typifies res- and others, and I thought we had free taurant owners. People have said, well, taurant and tavern owners around the radio here in the United States. It is a it is a problem for appliance owners, country; I am suggesting that he was shame to me that we are even arguing this one, that one, convention centers. the witness who was selected to appear over this. Nobody has heard from the convention by the coalition that the gentleman Mr. Chairman, I yield to the gen- centers of America complaining about from Wisconsin (Mr. SENSENBRENNER) tleman from Wisconsin (Mr. SENSEN- this. represents. BRENNER). What this amendment does, the un- Now, Mr. Chairman, these are issues Mr. SENSENBRENNER. Mr. Chair- derlying amendment of the gentleman that talk about big business versus lit- man, I thank the gentleman from from Wisconsin is to make it very, very tle business. That is not the case at all, Texas for yielding. difficult for us internationally to de- and I tried to portray that earlier. I The gentleman from North Carolina, fend our intellectual property rights. think both sides of the aisle have por- when he gave his statement, referred to The gentleman from Florida has re- trayed it, Republicans, Democrats, lib- the testimony of a Peter Madland who sponded sensibly to the complaints of erals, conservatives, mugwumps, if used to be the President of the Tavern restaurant owners. He exempts most there are any, everybody has come to League of Wisconsin, talking about restaurant owners. He says, if one is a the plate on this. how big his place was and how much larger restaurant and playing this Mr. CLEMENT. Mr. Chairman, I his gross income was. music enhances one’s ability to make move to strike the requisite number of b money, one will share a little with words. 1315 those who created it. That is a reason- Mr. Chairman, I rise to express my But what the gentleman from North able approach. strong opposition to the amendment of Carolina did not tell us, and he would Mr. COBLE. Mr. Chairman, I move to the gentleman from Wisconsin (Mr. not yield to me so I could enlighten strike the requisite number of words. SENSENBRENNER) and also my strong him, is that under the Sensenbrenner Mr. Chairman, about 8 or 9 months support for the McCollum amendment. amendment, Mr. Madland’s establish- ago, 4 or 5 of us from the Subcommit- The Sensenbrenner amendment ment would not be exempt from paying tee on Courts and Intellectual Property would be devastating to our Nation’s ASCAP fees. March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1479 He testified before the subcommittee from Indiana, talked about. He talked I hear people coming up to the micro- of the gentleman from North Carolina about the back-door tax increase. phone saying, well, there is no such (Mr. COBLE) on July 17, 1997, that he Again I want to reiterate to my friends thing as a free lunch. Yet, they turn has 20,000 to 25,000 square feet in his es- who may be listening to this, this is a around and advocate an amendment tablishment. It is a big bar. I have red herring. It is not a back-door tax that provides a free lunch. We hear never been there, it is in the district increase. It is one small business owner people coming up talking about how represented by the gentleman from paying another small business owner the small restaurants will be hurt. Wisconsin (Mr. OBEY). But the exemp- for their property, for using their prop- Let me tell the Members, again, it tion contained in both the McCollum erty. needs to be reiterated, CRS has esti- amendment and the Sensenbrenner Secondly, there will be no increase in mated a 406 percent increase in res- amendment goes to 3,500 square feet, payments. This is talking about an ex- taurants exempted under this provi- and Mr. Madland’s establishment is isting payment that has to be done. sion. There is 406 percent of res- way over that. He does not get a free He also talked about the phone sys- taurants that will be exempted under ride. He is going to pay the same tem. I think it is very important to re- this provision. Only the largest res- ASCAP fee as he has paid before be- alize, we talked about incidental use, taurants will pay any fee. The average cause he has a big establishment. or we talked about using music to en- paid is $30 a month, $30 a month. For the gentleman from North Caro- hance business, to make more money. When I hear people come up talking lina, having presided over the hearing There are marketing firms out there about how this is going to be crushing where Mr. Madland testified on how big that actually get paid to tell dentists to small business, it is laughable. his establishment is, to make a rep- what type of music to play on their Small business is using this property resentation that this major operator phone systems. I know, because I have to make a profit. I am a capitalist, I was going to get a free ride I think is a father-in-law who is a dentist. There am a supporter of small business. I talk regrettable. are marketing firms who pay people to to the restaurant owners, I talk to the Mr. SAM JOHNSON of Texas. Mr. tell law firms what type of music to restaurant owners that elected me, Chairman, I move to strike the req- play on their phone systems to help talk to the people that I fought against uisite number of words, and I yield to them lure more business, more money. the minimum wage for, talk to the peo- the gentleman from North Carolina It is a means, music is a means to ple that I fought for to eradicate the make more money. I think it is uncon- (Mr. COBLE). capital gains tax. Mr. COBLE. Mr. Chairman, I thank scionable that all these people that I believe in free enterprise. I believe the gentleman from Texas for yielding have stormed Capitol Hill in the name in the free market system, and I be- to me. of property rights in 1994, just 4 years lieve that if somebody has a product later want to take away property I want to formally apologize to my that helps somebody else make money, rights from others, when it is clear friend, the gentleman from Wisconsin. then I am all for it. Get it out in the that this property is being used to Oftentimes, Mr. Chairman, in the heat marketplace. But let us forget this free of debate we become embroiled, and I make a profit. I wonder if these bar and tavern own- market concept. Let us support the should have yielded to him. But I as- ers that are so offended about five dif- amendment offered by the gentleman sume, I would ask the gentleman from ferent entities actually using the same from Florida (Mr. MCCOLLUM), and let Wisconsin (Mr. SENSENBRENNER), that property to make money would be that us make sure people get paid fairly for he is not suggesting that my testimony offended when they charge five people their property rights. was inaccurate, or is he? to come into their restaurant to use Let us make sure we do not send the Mr. SENSENBRENNER. If the gen- the same property, or 500 people? Or wrong message to China. China feels tleman from Texas will yield to me, how about the Titanic? If we have the- very, very free in taking our property Mr. Chairman, absolutely not. The gen- ater owners who allow people to see the rights, be it CDs or software. I do not tleman from North Carolina (Mr. Titanic four or five times, do they pay hear anybody here saying Microsoft COBLE) might have forgotten that Mr. once and get a free pass for the other should only charge once for their pro- Madland testified on how big his estab- four times they see it? Absolutely not. gram. I have yet to hear one person say lishment is, and might not have made This is ridiculous. They are red her- that. Yet, it is the same concept. If you the connection with the exemption rings. can copy a Microsoft program over and contained in the Sensenbrenner amend- Unfortunately, a process was set up over and over again without paying ment. where reasoned people could get to- Microsoft, what is the difference there? I am just here to inform the gen- gether, could compromise, and regret- It is the same exact thing. tleman from North Carolina that Mr. tably, one party did not want to com- The CHAIRMAN pro tempore. The Madland would not be exempt, and rep- promise. time of the gentleman from Florida resentations that the operator of that We have heard, talking about apolo- (Mr. SCARBOROUGH) has expired. big an establishment, whether it is in gies on the floor, we have heard the (By unanimous consent, Mr. SCAR- Chetek, Wisconsin, or anyplace else in McCollum amendment called ‘‘a BOROUGH was allowed to proceed for 3 the country, would be exempt, that sham,’’ when most reasoned people additional minutes.) person simply has not read what is in have said that the McCollum amend- Mr. SCARBOROUGH. Mr. Chairman, the text of the Sensenbrenner amend- ment was where the two parties were I ask my conservative brethren that ment. going before one party went aside. came here in 1994 fighting for property Mr. Madland pays, and anybody else We also heard somebody talked about rights, if they were to fight for Bill that has that big an establishment property rights for songwriters being Gates’ right to make sure that he pro- would pay under my amendment. ‘‘a scam.’’ That is not the case. We tects what is his to protect, then we do Mr. COBLE. If the gentleman would have also heard people parade up to the the same thing for the small, strug- continue to yield, Mr. Chairman, I just microphone saying they have to go to gling songwriter. wanted to apologize to the gentleman New York, they have to hire a god- Mr. MCCOLLUM. Mr. Chairman, will from Wisconsin (Mr. SENSENBRENNER) awful New York attorney. That is not the gentleman yield? and to the Members. I should have the case anymore. The McCollum Mr. SCARBOROUGH. I yield to the yielded, but we are embroiled in this, amendment makes sure that we have gentleman from Florida. and for that purpose, Mr. Chairman, I boards go throughout the land. Mr. MCCOLLUM. Mr. Chairman, I want to get that on the record. For those people to suggest that we thank the gentleman for yielding. He Mr. SCARBOROUGH. Mr. Chairman, set up an arbitration system with abso- has eloquently expressed where we are I move to strike the requisite number lutely no oversight whatsoever, we are at this point. of words. talking about a wild, wild West judicial I just wanted the gentleman to yield Mr. Chairman, I want to talk about a system with no oversight, with no to bring out the fact that we are near couple of issues that have been brought guidance, and would lead to the most the end of this debate, we may have up. The first has to do with what a bizarre, inconsistent, crazy results. It one or two more speakers. The bottom good friend of mine, the gentleman is dangerous. line is that what I am offering truly is H1480 CONGRESSIONAL RECORD — HOUSE March 25, 1998 a compromise. I would like to make issue. Let me just take a quick mo- hard every day, you love what you are the point, and drive it home, that a ment to try to summarize where we doing, but you don’t get any pay? I great many restaurants are going to be are, please. can’t give away my songs for free exempted by my amendment. We have The main bill that we are debating ’cause this is the way I feed me and my already talked about a 400 percent in- today is the Copyright Extension Act. family. And if you merchants disagree, crease over the current law. What that does is extend the copy- that’s fine. Go write your own songs, These folks have been paying, res- rights for music and film in this coun- just don’t use mine.’’ taurants have been paying these royal- try to the same level of other countries Now, Mr. Chairman, let me ask the ties, these fees for years. This is noth- around the world. If we do not do this, Members today to keep the music. Do ing new. We are talking about exempt- then the United States is going to lose not stop the music from coming for- ing 75 or 80 percent of those res- hundreds of millions of dollars in reve- ward. I support a very reasonable com- taurants. I think probably it will be nue from other countries that should promise offered by the gentleman from even more, because in this amendment come in to the United States. Florida (Mr. MCCOLLUM) to keep the we bumped up from what the nego- That is very reasonable, and I think music for all America. tiated status was, which is what I am most everybody agrees with that. But Mr. BONILLA. Mr. Chairman, I move trying to offer, pretty much, here; we then, unfortunately, the gentleman to strike the requisite number of words. bumped up the number of television from Wisconsin (Mr. SENSENBRENNER) Mr. Chairman, this is a debate that has taken this noncontroversial bill sets you can have in a restaurant that involves small business, and I think all and added a completely unrelated, very get you exempted, no matter what of us who believe in the American way controversial amendment. your square footage is, to four. If you and in driving the American economy What the amendment offered by the have six speakers in the restaurant you understand that small business is the gentleman from Wisconsin (Mr. SEN- are exempted, no matter what your backbone of that culture that drives SENBRENNER) basically says is that un- square footage is, how big you are. I the American economy. think that takes care of anything but like the present and the past, that res- Too often this Congress dumps on really big restaurants. taurants and bars should not have to them: more regulations, higher man- So I do not know what the squabble pay for the music or the royalties for dated wages, taxes that are too high. is about. We need to pass a copyright the music that they play in their es- So we have people, for example, that extension bill, we need to get this de- tablishments, which amounts to just a are running small restaurants in this bate passed, and we need to do what little over $1.50 a day. country that are asking us not to dump the gentleman has suggested, and that It really is somewhat amazing that on them one more time. is protect the property rights interests the gentleman from Wisconsin, who is b 1330 of both the small business restaurateur a strong property rights advocate, it is and the small business songwriter. really ironic, he would never say that In my hometown of San Antonio, Adopting the McCollum amendment these same bars and restaurants should small businesses and restaurants are at substitute to Sensenbrenner will do not have to pay the supplier for the the forefront of job creation and eco- that. His will not do that. It is not fair. chairs and tables, for the paint on the nomic opportunity. Anyone who has I thank the gentleman for yielding walls, for the chandeliers, or for any- visited San Antonio and the River time to me. thing else that helps them make the Walk know how these small businesses Mr. SCARBOROUGH. Mr. Chairman, atmosphere for that particular res- enhance my town’s premier tourist at- I thank the gentleman for his amend- taurant or bar. However, for some rea- traction. ment. son they should not have to pay $1.50 a These businesses cannot afford in I am reminded by the remark the day for the music, knowing that if this many cases any more ruinous fees. gentleman from California said a few $1.50 is not worthwhile, if the music This amendment offered by the gen- tleman from Wisconsin (Mr. SENSEN- minutes ago, that a lot of people would does not enhance their establishment, BRENNER), which I am supporting, pro- be absolutely shocked that they would they can turn it off. Nobody is telling vides a reasonable compromise to pro- be coming to the floor voting for legis- them they have to play it. Only that tect jobs while protecting the copy- lation such as the gentleman’s, an they need to pay for it if they use it, rights of artists. amendment such as that of the gen- like the tables and chairs. Simply put, the Sensenbrenner Mr. Chairman, the gentleman from tleman from Florida (Mr. MCCOLLUM), amendment makes needed changes in because we have compromised so much, Florida (Mr. MCCOLLUM) has come Federal law by providing for local arbi- and yet we are still told that is enough. along and introduced an amendment to tration of music licensing fee disputes. Mr. FRANK of Massachusetts. Mr. that of the gentleman from Wisconsin Small businesses will no longer be Chairman, will the gentleman yield? (Mr. SENSENBRENNER), a compromise, forced to travel across the country to Mr. SCARBOROUGH. I yield to the and is trying to bring some rationality New York to make their case. They gentleman from Massachusetts. to this issue. He is, the gentleman from could not afford to do that anyway. To- Mr. FRANK of Massachusetts. Mr. Florida (Mr. MCCOLLUM), exempting day’s small business has no local re- Chairman, on the international side, the smallest bars and restaurants in course. This is a more than reasonable people have said the restaurant owners the country; as a matter of fact, two- compromise the gentleman from Wis- should not have to pay because some- thirds of the restaurants and bars in consin is offering in his amendment. one has already paid for this once, the the country, which is a very reasonable The amendment does not fully ex- national TV, et cetera. amendment. Because we have to re- empt businesses from paying royalties Put that doctrine in the hands of the member, if the songwriters are not or change existing penalties. It merely Chinese or others overseas and you say paid, they cannot produce the songs, recognizes that changing technology to them, okay, as long as something and when they do not produce the makes some of the current fees unfair was once paid for in America, this songs, the music is going to stop. and represents a double charge for li- book, this movie, this recording, this I would like to share with the Mem- censing. CD, then I can sell it without paying bers a song that one of the songwriters Mr. Chairman, I cosponsored H.R. 789, the owner, and you have destroyed our back home has written about this the Fairness in Music Licensing Act, capacity to defend American intellec- issue. I say to my friend, the gen- because I believe it represents a re- tual property overseas. tleman from Wisconsin (Mr. SENSEN- sponsibility compromise. I urge my Mr. SCARBOROUGH. It would be ab- BRENNER), I am going to spare him me colleagues to please join me in voting solutely devastating to the computer singing this, so I am going to read it for the Sensenbrenner amendment, industry, the software industry. It is a here for the gentleman. which will help ensure that small busi- dangerous, dangerous precedent. It is ‘‘Dear, dear, U.S. Congress: ness remains the engine driving our Mr. GORDON. Mr. Chairman, I move ‘‘Some merchants want to use my economy. to strike the requisite number of song, but they don’t want to pay me, Mr. NADLER. Mr. Chairman, I move words. Mr. Chairman, there has been a and I think that is wrong. How would to strike the requisite number of lot of rhetoric on both sides of this you like to have a job where you work words. March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1481 Mr. Chairman, I rise to oppose should come in and say some can use owners advance from time to time that strongly the Sensenbrenner amend- that music for free and some must pay, music is just background music, and ment and to support the McCollum there has got to be a very, very strong we ought not be obligated to pay for it, amendment to the Sensenbrenner showing of the public policy necessity. even though we are using somebody amendment. There has got to be a showing of why else’s work product. And my typical re- The Sensenbrenner amendment the free market and private negotia- sponse to that is, if what they are say- would be essentially a license for res- tions cannot work its will to the best ing is true, if this is of no benefit to taurants, taverns, and other establish- interest of the economy and the people their company, if this is truly back- ments to use songwriters’ work prod- of the country, as it usually does. One ground music, cut it off. And if they uct, their property, without paying for has to make a showing why the free cut it off, then nobody obligates them it. It would be a license to steal from market cannot work in a situation be- to pay for the use of it. America’s creative community and, fore we ask for government regulation. So I just think, as a matter of fair- therefore, I must oppose it vigorously. What do we have here? We have some ness and equity, that a person who has The late Justice Oliver Wendell people coming in, some people who are written a song and dealt with that song Holmes said that, ‘‘It is true that the normally great supporters of private and put it in the stream of our intellec- music is not the sole object, but nei- property rights and against regulation tual property ought to be compensated ther is the food,’’ referring to a res- and, based on nothing at all, saying let for the use of it. And I think the taurant. us dictate the terms of the arrange- McCollum amendment represents a The object is the repast and surroundings ment and say to the restaurant owners reasonable approach to it. I have some that give luxurious pleasure not to be had they can use the other people’s prop- concerns about it also, but I will sup- from eating a silent meal. If music did not erty for free. port that substitute and vote against pay, it would be given up. Whether it pays or Why? What is the necessity? Why do the amendment offered by the gen- not, the purpose of employing it is profit and we not trust the market to work this tleman from Wisconsin. that is enough. out? Why do we not trust the song- Mr. BONIOR. Mr. Chairman, will the Mr. Chairman, several people have writers and the restaurants to nego- gentleman yield? said, and I will say it for myself, that tiate deals as they have for the last, I Mr. WATT of North Carolina. I yield I never thought I would come before do not know, 70 or 80 years? to the gentleman from Michigan. Mr. BONIOR. Mr. Chairman, I thank the House, advocating support of an I see no reason. We hear that here it the gentleman from North Carolina amendment that would exempt an es- is a question of secondary use; that (Mr. WATT) for his remarks and support tablishment as large as 3,500 square they have already paid once for it. him in his support of the McCollum- feet. The McCollum amendment, frank- Well, so what? So what? I would not be Conyers amendment. I think the gen- ly, I think goes far too far. But it is ac- permitted, none of us would be per- tleman hit the nail on the head when ceptable to the songwriters. I do not mitted to purchase a CD or a tape of a he talked about that these are small think they are getting as fair a deal as movie, purchase it, go in and pay $15 businesspeople, all of the folks who they ought out of it, but I will support for a tape of a movie, and then going go write songs, who write music for a liv- it as the best we can get. to my machine and making a lot of ing. This is an important work. It Mr. Chairman, I looked at this issue tapes of it and selling those. None of us very carefully when I was a member of brings great joy and great dignity to would be permitted to do that. We are our society. They pour their heart and the Subcommittee on Courts and Intel- using that property, and it is exactly lectual Property of the Committee on soul into their work. the same thing. Mr. Chairman, I am just finishing a the Judiciary, and I remember coming So on these grounds I do not see why book called Lush Life, the story of to several conclusions after hearing we should pass any amendment at all Billy Strayhorn, one of the great song from both sides. The first conclusion is on the subject. I will reluctantly go people of our time. And reading that the question of equity. Ninety percent along with the amendment offered by gives a sense of the dignity and the of songwriters make less than $10,000 a the gentleman from Florida (Mr. tough work, but the joyous work of year. Many make more, but are still MCCOLLUM) as a reasonable com- these individuals. And it just seems to struggling. The average restaurant promise, and certainly more reasonable me that they need as much protection pays $400 to $450 a year for songwriter than an attempt, frankly, to appro- as the folks who own the bars and the fees. The average income of the res- priate the songwriters’ property for restaurants and all the other facilities taurant makes that a small proportion, free, for the benefit of restaurant own- that we have talked about. a very small proportion, and yet for ers. So I thank the gentleman from North the songwriters it is very important. Mr. Chairman, I love restaurant own- Carolina (Mr. WATT) for his comments So as a matter of equity, when some- ers. I have plenty of them in my dis- and his remarks, and I hope that we thing is very important for one side as trict. But they are not entitled to the will adopt the McCollum-Conyers a percentage of their income and very free use of other people’s property. Pe- amendment this afternoon. small for the other, it makes sense to riod. So I urge my colleagues to oppose The CHAIRMAN pro tempore (Mr. go with the side that we would really the Sensenbrenner amendment and SUNUNU). The question is on the hurt if we went the other way. support the McCollum amendment to amendment offered by the gentleman Second of all, and here I fail to see the Sensenbrenner amendment. from Florida (Mr. MCCOLLUM) to the how some of my friends on the other Mr. WATT of North Carolina. Mr. amendment offered by the gentleman side of the aisle can even think of sup- Chairman, I move to strike the req- from Wisconsin (Mr. SENSENBRENNER). porting this amendment, we are talk- uisite number of words. The question was taken; and the ing here about private property. We are Mr. Chairman, I will not take 5 min- Chairman announced that the ayes ap- talking about private arrangements be- utes, but I rise in support of the McCol- peared to have it. tween one group of property owners, lum-Conyers substitute and in opposi- RECORDED VOTE the songwriters who own the songs tion to the Sensenbrenner amendment. Mr. SENSENBRENNER. Mr. Chair- that they have produced, and another I want to address two issues quickly. man, I demand a recorded vote. group of property owners, the res- Number one, I do not think this is an A recorded vote was ordered. taurant owners who want to purchase issue of big business against small The CHAIRMAN pro tempore. Pursu- the use of those songs. business or a small business issue. It ant to clause 2 of rule XXIII, the Chair I am not a total believer in the effi- seems to me that restaurants are small announces that he may reduce to not cacy of the free market in all cir- businesses, but music writers are also less than 5 minutes the period of time cumstances, unlike some of my friends small businesses. So either way we within which a recorded vote may be on the other side of the aisle. But I do vote on this, we are going to be trying taken without intervening business on believe that before the government to support, as all of us I believe do, the Sensenbrenner amendment. should come in and pass a law dictat- small business in this country. The vote was taken by electronic de- ing the terms of an arrangement be- The second is an argument that I vice, and there were—ayes 150, noes 259, tween property owners, before we have heard a number of restaurant not voting 22, as follows: H1482 CONGRESSIONAL RECORD — HOUSE March 25, 1998 [Roll No. 68] Latham Pickering Smith, Adam The vote was taken by electronic de- LaTourette Pickett Smith, Linda AYES—150 Leach Pitts Snowbarger vice, and there were—ayes 297, noes 112, Abercrombie Gordon Miller (CA) Lewis (CA) Pombo Snyder not voting 22, as follows: Ackerman Gutierrez Mink Lewis (KY) Pomeroy Solomon [Roll No. 69] Linder Porter Souder Allen Hall (OH) Moakley AYES—297 Baldacci Hansen Mollohan LoBiondo Portman Spence Becerra Hastings (FL) Morella Lucas Price (NC) Spratt Aderholt Fossella Moran (KS) Berman Hefner Nadler Maloney (CT) Pryce (OH) Stabenow Andrews Fowler Moran (VA) Bliley Hilleary Neal Manzullo Quinn Stearns Archer Fox Murtha Bonior Hinchey Oberstar Mascara Ramstad Stenholm Armey Franks (NJ) Myrick Borski Hoyer Obey McCrery Redmond Strickland Bachus Frelinghuysen Neal Boucher Hunter Olver McHale Regula Stump Baesler Frost Nethercutt Brown (CA) Hutchinson Ortiz McHugh Reyes Sununu Baker Gallegly Neumann Brown (OH) Hyde Owens McInnis Riley Talent Baldacci Ganske Ney Bryant Jackson (IL) Pascrell McIntosh Rodriguez Tauzin Ballenger Gekas Northup Callahan Jenkins Paul McIntyre Roemer Taylor (MS) Barcia Gibbons Norwood Canady Kaptur Pease McKeon Rogers Taylor (NC) Barr Gilchrest Nussle Capps Kelly Pelosi McNulty Rohrabacher Thompson Barrett (NE) Gillmor Obey Carson Kennedy (MA) Poshard Metcalf Ros-Lehtinen Thornberry Barrett (WI) Goode Oxley Clay Kennedy (RI) Radanovich Mica Roukema Thune Bartlett Goodlatte Packard Clayton Kennelly Rahall Miller (FL) Ryun Tiahrt Barton Goodling Pallone Clement Kildee Rivers Minge Salmon Traficant Bass Goss Pappas Coble Kilpatrick Rogan Moran (KS) Sandlin Turner Bateman Graham Parker Costello Kim Roybal-Allard Moran (VA) Sanford Upton Bentsen Granger Pascrell Davis (IL) Kucinich Rush Murtha Sawyer Visclosky Bereuter Green Pastor DeFazio LaFalce Sabo Myrick Saxton Walsh Berry Greenwood Paxon DeGette LaHood Sanchez Nethercutt Schaefer, Dan Watkins Bilbray Gutknecht Peterson (MN) Delahunt Lampson Sanders Neumann Schaffer, Bob Watts (OK) Bilirakis Hall (OH) Peterson (PA) DeLauro Lantos Scarborough Ney Scott Weldon (FL) Bishop Hall (TX) Petri Deutsch Lazio Schumer Northup Sensenbrenner Weldon (PA) Blagojevich Hamilton Pickering Dingell Levin Serrano Norwood Sessions Weller Bliley Hansen Pickett Dixon Lewis (GA) Shays Nussle Shadegg Weygand Blumenauer Hastert Pitts Doggett Lipinski Sherman Oxley Shaw White Blunt Hastings (WA) Pomeroy Dooley Livingston Skaggs Packard Shimkus Whitfield Boehlert Hayworth Porter Dreier Lofgren Slaughter Pallone Shuster Wicker Boehner Hefley Portman Ehrlich Lowey Stokes Pappas Sisisky Wolf Bonilla Hefner Poshard Engel Luther Stupak Parker Skeen Woolsey Borski Herger Price (NC) Eshoo Maloney (NY) Tanner Pastor Skelton Wynn Boswell Hill Pryce (OH) Evans Manton Tauscher Paxon Smith (MI) Young (AK) Boucher Hilleary Quinn Fattah Markey Thomas Peterson (MN) Smith (NJ) Young (FL) Boyd Hinojosa Rahall Fazio Martinez Thurman Peterson (PA) Smith (OR) Brady Hobson Ramstad Filner Matsui Tierney Petri Smith (TX) Bryant Hoekstra Redmond Bunning Holden Regula Foley McCarthy (MO) Torres NOT VOTING—22 Forbes McCarthy (NY) Towns Burr Hooley Reyes Frank (MA) McCollum Velazquez Brown (FL) Jackson-Lee Payne Burton Horn Riley Frost McDade Vento Cannon (TX) Rangel Buyer Hostettler Rodriguez Furse McGovern Wamp Cardin Jefferson Riggs Callahan Hulshof Roemer Gejdenson McKinney Watt (NC) Conyers Johnson, E. B. Rothman Calvert Hunter Rogers Gephardt Meehan Waxman Ford Kleczka Royce Camp Hutchinson Rohrabacher Gilchrest Meek (FL) Wexler Gonzalez McDermott Schiff Campbell Inglis Ros-Lehtinen Gilman Meeks (NY) Wise Harman Millender- Stark Canady Istook Roukema Goodlatte Menendez Yates Houghton McDonald Waters Carson Jenkins Rush Castle John Ryun NOES—259 b 1400 Chabot Johnson (CT) Salmon Chambliss Johnson (WI) Sandlin Aderholt Coburn Gibbons The Clerk announced the following Chenoweth Johnson, Sam Sanford Andrews Collins Gillmor pair: Christensen Jones Sawyer Archer Combest Goode Clayton Kanjorski Saxton Armey Condit Goodling On this vote: Clyburn Kaptur Schaefer, Dan Bachus Cook Goss Mr. McDermott for, with Mr. Rangel Coburn Kasich Schaffer, Bob Baesler Cooksey Graham against. Collins Kim Scott Baker Cox Granger Combest Kind (WI) Sensenbrenner Ballenger Coyne Green Messrs. SMITH of Texas, HULSHOF, Condit King (NY) Sessions Barcia Cramer Greenwood DICKS, FOX of Pennsylvania, PICK- Cook Kingston Shadegg Barr Crane Gutknecht ETT, THOMPSON, BATEMAN, COX of Cooksey Klink Shaw Barrett (NE) Crapo Hall (TX) Costello Klug Shimkus Barrett (WI) Cubin Hamilton California, CUMMINGS, BERRY, Ms. Cox Knollenberg Shuster Bartlett Cummings Hastert STABENOW, Mrs. FOWLER, Mr. Coyne Kolbe Sisisky Barton Cunningham Hastings (WA) UPTON and Mr. FARR of California Cramer Kucinich Skeen Bass Danner Hayworth changed their vote from ‘‘aye’’ to ‘‘no.’’ Crane Largent Skelton Bateman Davis (FL) Hefley Crapo Latham Smith (MI) Bentsen Davis (VA) Herger Messrs. GUTIERREZ, MOAKLEY, Cubin LaTourette Smith (NJ) Bereuter Deal Hill SHAYS, Ms. LOFGREN, Mr. STOKES, Cunningham Lazio Smith (OR) Berry DeLay Hilliard Mr. RUSH, Mrs. MORELLA, and Mr. Danner Leach Smith (TX) Bilbray Diaz-Balart Hinojosa Davis (FL) Lewis (CA) Smith, Adam Bilirakis Dickey Hobson HINCHEY changed their vote from Davis (VA) Lewis (KY) Smith, Linda Bishop Dicks Hoekstra ‘‘no’’ to ‘‘aye.’’ Deal Linder Snowbarger Blagojevich Doolittle Holden So the amendment to the amendment DeLay Lipinski Snyder Blumenauer Doyle Hooley was rejected. Diaz-Balart Livingston Solomon Blunt Duncan Horn Dickey LoBiondo Souder Boehlert Dunn Hostettler The result of the vote was announced Dicks Lucas Spence Boehner Edwards Hulshof as above recorded. Doolittle Maloney (CT) Spratt Bonilla Ehlers Inglis The CHAIRMAN pro tempore (Mr. Doyle Manzullo Stabenow Boswell Emerson Istook Duncan Mascara Stearns Boyd English John SUNUNU). The question is on the Dunn McCrery Stenholm Brady Ensign Johnson (CT) amendment offered by the gentleman Edwards McDade Strickland Bunning Etheridge Johnson (WI) from Wisconsin (Mr. SENSENBRENNER). Ehlers McHale Stump Burr Everett Johnson, Sam The question was taken; and the Ehrlich McHugh Sununu Burton Ewing Jones Emerson McInnis Talent Buyer Farr Kanjorski Chairman pro tempore announced that English McIntosh Tauzin Calvert Fawell Kasich the ayes appeared to have it. Ensign McIntyre Taylor (MS) Camp Fossella Kind (WI) RECORDED VOTE Etheridge McKeon Taylor (NC) Campbell Fowler King (NY) Evans McNulty Thomas Castle Fox Kingston Mr. SENSENBRENNER. Mr. Chair- Everett Metcalf Thompson Chabot Franks (NJ) Klink man, I demand a recorded vote. Ewing Mica Thornberry Chambliss Frelinghuysen Klug A recorded vote was ordered. Farr Miller (FL) Thune Chenoweth Gallegly Knollenberg Fawell Minge Thurman Christensen Ganske Kolbe The CHAIRMAN pro tempore. This Foley Mollohan Tiahrt Clyburn Gekas Largent will be a 5-minute vote. March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1483

Torres Watkins Whitfield BONS) having assumed the chair, Mr. REMOVAL OF NAME OF MEMBER Traficant Watts (OK) Wicker Turner Weldon (FL) Wise SUNUNU, Chairman pro tempore of the AS COSPONSOR OF H.R. 3310 Upton Weldon (PA) Wolf Committee of the Whole House on the Mr. KUCINICH. Mr. Speaker, I ask Visclosky Weller Wynn State of the Union, reported that that unanimous consent to take my name Walsh Weygand Young (AK) Committee, having had under consider- Wamp White Young (FL) off of H.R. 3310 as a cosponsor. ation the bill (H.R. 2589) to amend the The SPEAKER pro tempore. Is there NOES—112 provisions of title 17, United States objection to the request of the gen- Abercrombie Hilliard Nadler Code, with respect to the duration of tleman from Ohio? Ackerman Hinchey Oberstar copyright, and for other purposes, pur- Allen Hoyer Olver There was no objection. Becerra Hyde Ortiz suant to House Resolution 390, he re- f Berman Jackson (IL) Owens ported the bill back to the House with Bonior Kelly Paul an amendment adopted by the Commit- REMOVAL OF NAME OF MEMBER Brown (CA) Kennedy (MA) Pease AS COSPONSOR OF H.R. 2500 Brown (OH) Kennedy (RI) Pelosi tee of the Whole. Capps Kennelly Pombo The SPEAKER pro tempore. Under Mr. FATTAH. Mr. Speaker, I ask Clay Kildee Radanovich the rule, the previous question is or- unanimous consent to remove my Clement Kilpatrick Rivers dered. Coble LaFalce Rogan name as a cosponsor to H.R. 2500, the Cummings LaHood Roybal-Allard Is a separate vote demanded on any Responsible Borrower Protection Act. Davis (IL) Lampson Sabo amendment to the committee amend- The SPEAKER pro tempore. Is there DeFazio Lantos Sanchez ment in the nature of a substitute objection to the request of the gen- DeGette Levin Sanders Delahunt Lewis (GA) Scarborough adopted by the Committee of the tleman from Pennsylvania? DeLauro Lofgren Schumer Whole? If not, the question is on the There was no objection. Deutsch Lowey Serrano adoption of the amendment. f Dingell Luther Shays The amendment was agreed to. Dixon Maloney (NY) Sherman The bill was ordered to be engrossed REPORT ON RESOLUTION PROVID- Doggett Manton Skaggs ING FOR CONSIDERATION OF Dooley Markey Slaughter and read a third time, was read the Dreier Martinez Stokes third time, and passed, and a motion to H.R. 3246, FAIRNESS FOR SMALL Engel Matsui Stupak reconsider was laid on the table. BUSINESS AND EMPLOYEES ACT Eshoo McCarthy (MO) Tanner OF 1998 Fattah McCarthy (NY) Tauscher f Fazio McCollum Tierney Mrs. MYRICK, from the Committee Filner McGovern Towns on Rules, submitted a privileged report Forbes McKinney Velazquez AUTHORIZING THE CLERK TO Frank (MA) Meehan Vento MAKE CORRECTIONS IN THE EN- (Rept. No. 105–463) on the resolution (H. Furse Meek (FL) Watt (NC) GROSSMENT OF H.R. 2589, COPY- Res. 393) providing for consideration of Gejdenson Meeks (NY) Waxman RIGHT TERM EXTENSION ACT the bill (H.R. 3246) to assist small busi- Gephardt Menendez Wexler nesses and labor organizations in de- Gilman Miller (CA) Woolsey Mr. COBLE. Mr. Speaker, I ask unan- Gordon Mink Yates fending themselves against govern- Gutierrez Moakley imous consent that the Clerk be au- ment bureaucracy; to ensure that em- Hastings (FL) Morella thorized in the engrossment of the bill, ployees entitled to reinstatement get NOT VOTING—22 H.R. 2589, to insert ‘‘Sonny Bono’’ be- their jobs back quickly; to protect the fore ‘‘Copyright Term Extension Act’’ Brown (FL) Jackson-Lee Payne right of employers to have a hearing to Cannon (TX) Rangel each place it appears; in other words, present their case in certain represen- Cardin Jefferson Riggs the bill bear Sonny’s name. tation cases; and to prevent the use of Conyers Johnson, E. B. Rothman The SPEAKER pro tempore. Is there Ford Kleczka Royce the National Labor Relations Act for Gonzalez McDermott Schiff objection to the request of the gen- the purpose of disrupting or inflicting Harman Millender- Stark tleman from North Carolina? economic harm on employers, which Houghton McDonald Waters There was no objection. was referred to the House Calendar and b 1414 f ordered to be printed. The Clerk announced the following f AUTHORIZING THE CLERK TO pair: REPORT ON RESOLUTION PROVID- On this vote: MAKE FURTHER CORRECTIONS IN ENGROSSMENT OF H.R. 2589, ING FOR CONSIDERATION OF Mr. Kleczka for, with Mr. McDermott H.R. 2515, FOREST RECOVERY against. SONNY BONO COPYRIGHT TERM AND PROTECTION ACT OF 1998 Mr. MOAKLEY, Mr. FORBES and EXTENSION ACT Mrs. KELLY changed their vote from Mr. COBLE. Mr. Speaker, I ask unan- Mrs. MYRICK, from the Committee ‘‘aye’’ to ‘‘no.’’ imous consent that in the engrossment on Rules, submitted a privileged report So the amendment was agreed to. of the bill, H.R. 2589, the Clerk be au- (Rept. No. 105–464) on the resolution (H. The result of the vote was announced thorized to correct section numbers, Res. 394) providing for consideration of as above recorded. punctuation, and cross-references and the bill (H.R. 2515) to address the de- PERSONAL EXPLANATION to make such other technical and con- clining health of forests on Federal Mr. RIGGS. Mr. Chairman, on Roll- forming changes as may be necessary lands in the United States through a call Nos. 68 and 69, I was unavoidably to reflect the actions of the House in program of recovery and protection detained on other business and unable amending the bill. consistent with the requirements of ex- to be present in the House Chamber. The SPEAKER pro tempore. Is there isting public land management and en- Had I been present, I would have voted objection to the request of the gen- vironmental laws, to establish a pro- ‘‘no’’ on No. 68 and ‘‘yes’’ on No. 69, re- tleman from North Carolina? gram to inventory, monitor, and ana- spectively. There was no objection. lyze public and private forests and The CHAIRMAN pro tempore (Mr. their resources, and for other purposes, f SUNUNU). Are there any other amend- which was referred to the House Cal- endar and ordered to be printed. ments? GENERAL LEAVE If not, the question is on the commit- f tee amendment in the nature of a sub- Mr. COBLE. Mr. Speaker, I ask unan- EXTENDING THE VISA WAIVER stitute, as amended. imous consent that all Members may The committee amendment in the have 5 legislative days in which to re- PILOT PROGRAM nature of a substitute, as amended, was vise and extend their remarks on the Mrs. MYRICK. Mr. Speaker, by direc- agreed to. legislation just passed. tion of the Committee on Rules, I call The CHAIRMAN pro tempore. Under The SPEAKER pro tempore. Is there up House Resolution 391 and ask for its the rule, the Committee rises. objection to the request of the gen- immediate consideration. Accordingly, the Committee rose; tleman from North Carolina? The Clerk read the resolution, as fol- and the Speaker pro tempore (Mr. GIB- There was no objection. lows: H1484 CONGRESSIONAL RECORD — HOUSE March 25, 1998 H. RES. 391 Finally, the rule provides that after trip ever in 7 years to Greece. I know Resolved, That at any time after the adop- passage of the House bill, it will be in the problems associated with an ally of tion of this resolution the Speaker may, pur- order to insert the House-passed lan- ours, just the fact of trying to get a suant to clause 1(b) of rule XXIII, declare the guage into the Senate bill number. visa. Since my wife is Portuguese, of House resolved into the Committee of the Since 1986, the visa waiver pilot pro- course I support that as well. Whole House on the state of the Union for gram has allowed tourists from our I would like to thank the gentle- consideration of the bill (H.R. 2578) to amend the Immigration and Nationality Act to ex- closest allies to enter the United woman from North Carolina (Mrs. tend the visa waiver pilot program, and to States for up to 90 days without a visa. MYRICK) and the Members on the other provide for the collection of data with re- In order to participate in the program, side of the aisle for the legislation. It is spect to the number of non-immigrants who a tourist must first purchase a round good legislation and a long time over- remain in the United States after the expira- trip ticket, must not pose a safety due. tion of the period of stay authorized by the threat to United States citizens, and Mrs. MYRICK. Mr. Speaker, I yield Attorney General. The first reading of the must abide by all of the waiver pro- back the balance of my time, and I bill shall be dispensed with. General debate gram’s rules and regulations. move the previous question on the res- shall be confined to the bill and shall not ex- ceed one hour equally divided and controlled H.R. 2578 would extend the visa waiv- olution. by the chairman and ranking minority mem- er pilot program through September 30, The previous question was ordered. ber of the Committee on the Judiciary. After 1999, and will require the Attorney The resolution was agreed to. general debate the bill shall be considered General to collect data on non- A motion to reconsider was laid on for amendment under the five-minute rule. immigrant aliens who unlawfully re- the table. The bill shall be considered as read. No main in the United States. The SPEAKER pro tempore (Mr. amendment to the bill shall be in order un- Mr. Speaker, the visa waiver pilot CHAMBLISS). Pursuant to House Resolu- less printed in the portion of the Congres- program enjoys broad, bipartisan sup- tion 391 and rule XXIII, the Chair de- sional Record designated for that purpose in clares the House in the Committee of clause 6 of rule XXIII. The chairman of the port. In fact, the program has been so Committee of the Whole may: (1) postpone successful that under today’s open rule the Whole House on the State of the until a time during further consideration in we will consider amendments to extend Union for the consideration of the bill, the Committee of the Whole a request for a the program to countries such as H.R. 2578. recorded vote on any amendment; and (2) re- Greece, Portugal, and South Korea. f duce to five minutes the minimum time for I urge all of my colleagues to support b 1432 electronic voting on any postponed question this open rule. that follows another electronic vote without Mr. Speaker, I reserve the balance of IN THE COMMITTEE OF THE WHOLE intervening business, provided that the mini- my time. Accordingly, the House resolved mum time for electronic voting on the first itself into the Committee of the Whole in any series of questions shall be 15 min- Mr. HALL of Ohio. Mr. Speaker, I utes. At the conclusion of consideration of yield myself such time as I may con- House on the State of the Union for the the bill for amendment the Committee shall sume. consideration of the bill (H.R. 2578) to rise and report the bill to the House with Mr. Speaker, I want to thank my col- amend the Immigration and National- such amendments as may have been adopted. league, the gentlewoman from North ity Act to extend the visa waiver pilot The previous question shall be considered as Carolina (Mrs. MYRICK) for yielding me program, and to provide for the collec- ordered on the bill and amendments thereto the time. This rule will allow a debate tion of data with respect to the number to final passage without intervening motion on H.R. 2578, which is a bill to extend of nonimmigrants who remain in the except one motion to recommit with or with- United States after the expiration of out instructions. the visa waiver pilot program. As my SEC. 2. After passage of H.R. 2578, it shall colleague has described, this rule pro- the period of stay authorized by the be in order to consider in the House S. 1178. vides 1 hour of general debate, to be Attorney General, with Mr. SUNUNU in It shall be in order to move that the House equally divided and controlled by the the chair. strike all after the enacting clause of the chairman and ranking minority mem- The Clerk read the title of the bill. Senate bill and insert in lieu thereof the pro- ber of the Committee on the Judiciary. The CHAIRMAN. Pursuant to the visions of H.R. 2578 as passed by the House. Under this rule, amendments will be al- rule, the bill is considered as having The SPEAKER pro tempore. The gen- lowed under the 5-minute rule, which is been read the first time. tlewoman from North Carolina (Mrs. the normal amending process in the Under the rule, the gentleman from MYRICK) is recognized for 1 hour. House, provided that amendments have Texas (Mr. SMITH) and the gentleman Mrs. MYRICK. Mr. Speaker, for pur- been previously printed in the CON- from North Carolina (Mr. WATT) each poses of debate only, I yield the cus- GRESSIONAL RECORD. will control 30 minutes. tomary 30 minutes to the gentleman The bill extends for 2 years the visa The Chair recognizes the gentleman from Ohio (Mr. HALL), pending which I waiver pilot program started in 1988 from Texas (Mr. SMITH). yield myself such time as I may con- and said to expire April 30, 1998. Under Mr. SMITH of Texas. Mr. Chairman, I sume. During consideration of this res- the program, tourists and business yield myself such time as I may con- olution, all time is yielded for the pur- travelers from some countries can sume. Let me first explain the bill; pose of debate only. come to the United States for up to 90 then I want to very quickly yield to Mr. Speaker, yesterday the Commit- days without a visa. the gentleman from Illinois (Mr. tee on Rules met and granted a modi- HYDE), chairman of the Committee on b fied open rule to H.R. 2587, which pro- 1430 the Judiciary. vides for 1 hour of general debate, The program is intended primarily to Mr. Chairman, H.R. 2578 extends the equally divided and controlled by the assist the U.S. terrorism industry. The visa waiver pilot program. The visa chairman and the ranking minority bill is fairly easy to understand. The waiver program allows business visi- member of the Committee on the Judi- Committee on the Judiciary approved tors and tourists to enter the United ciary. it by voice vote. I would urge a vote on States without obtaining a visa. Cur- The rule also provides that no the rule. rently, 26 nations have qualified as visa amendment to the bill will be in order Mr. Speaker, I have no requests for waiver countries. unless it has been preprinted in the time, and I yield back the balance of Normally, a consular officer conducts CONGRESSIONAL RECORD. my time. a face-to-face interview with a visa ap- The rule allows the Chairman of the Mrs. MYRICK. Mr. Speaker, I yield 1 plicant to check for fraudulent docu- Committee of the Whole to postpone minute to the gentleman from Califor- ments and to weed out individuals who votes during consideration of the bill nia (Mr. CUNNINGHAM). do not plan to leave the United States and to reduce voting time to 5 minutes Mr. CUNNINGHAM. Mr. Speaker, I before their visas expire. on the postponed question if a vote fol- thank both sides of the aisle for bring- Since the visa waiver program re- lows a 15-minute vote. ing the legislation forward. I know moves the ordinary visa requirement, The rule provides for one motion to that in the case of Greece, Greece has there is very legitimate concern that recommit, with or without instruc- been our ally for a long time. I recently those intending to violate our immi- tions. went with the Chairman on my first gration laws, and perhaps more serious March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1485 crimes inside the United States, could tionals as demonstrated by objective save government resources while pro- very well abuse it. criteria. moting tourism to the United States. The security of the program cur- It is important to retain such cri- The program was based on the pre- rently rests on two standards. First, to teria undiluted at this time as a safe- sumption that when visa abuse is very become eligible, a nation must have a guard against potential immigration low from a given country, it is better visa refusal rate of less than 2 percent. law abuses. The legislation before us to shift resources away from U.S. con- Second, to remain in the program, a adheres to that principle. INS officers, sular posts in that country and toward nation must have a visa overstay rate Immigration and Naturalization Serv- consular posts where the risk of visa of less than 2 percent. The INS has ice officers, at ports of entry, of course, fraud is more likely. been unable to calculate specific visa will continue to check everyone seek- I do not believe that any of us are in- overstay rates for close to 5 years, so ing admission, including visitors under terested in seeing the visa waiver pilot there is no reliable way to determine if the visa waiver program. program expire. The impact on the a country should, in fact, remain in the Visa waiver, properly limited, en- State Department, which would have program. courages leisure and business travel to redeploy key resources, would be The only reasonable course of action from low-fraud countries while permit- enormous. The potential negative im- is to extend the visa waiver program ting the State Department to con- pact on U.S. travel and tourism would for 2 years, as the administration rec- centrate consular resources where they be immeasurable. ommends, so that the administration are most needed. It is a good program. I understand that the chairman will can implement reforms that will allow It advances U.S. interests. I urge my offer an amendment to extend the pro- it to determine those visa overstay colleagues to support its extension. gram until the year 2000 to make it a rates. Mr. SMITH of Texas. Mr. Chairman, I true 2-year extension of this pilot pro- To encourage these efforts, this legis- appreciate the remarks of my friend, gram. I will support that amendment, lation includes a provision requiring the gentleman from Illinois. but only because the bill, as currently the INS to collect data regarding visa Mr. Chairman, I reserve the balance drafted, includes provisions which will overstays and to report such data to of my time. require the Attorney General to imple- Congress. Mr. WATT of North Carolina. Mr. ment a program to measure visa over- Pending this review, the Attorney Chairman, I yield such time as he may stay rates for all visitors to the United General, as well as the State Depart- consume to the gentleman from Massa- States. Currently, a country is eligible to ment, has strongly endorsed an exten- chusetts (Mr. DELAHUNT). participate in the visa waiver program sion of this program, with no amend- (Mr. DELAHUNT asked and was if it has a visa refusal rate lower than ments to change the standards for given permission to revise and extend 2.5 percent for the preceding 2 years entry. his remarks.) I urge all of my colleagues to support and if other criteria are met. Mr. DELAHUNT. Mr. Chairman, I rise in The other criteria include having ma- this bill and oppose any amendments support of this bipartisan amendment, which chine-readable passports, reciprocity that would lower the standards and would broaden the visa waiver pilot program for American tourists, and a low risk of thus increase illegal immigration in to make tourists from Portugal and Greece eli- compromising the law enforcement in- the United States. gible to participate on equal terms with their terest of the United States. Mr. Chairman, I yield such time as he European neighbors. In non-State Department jargon, the may consume to the gentleman from These two countries are presently the only words visa refusal rates refer to the Illinois (Mr. HYDE), chairman of the members of the European Union who do not percentage of tourist visa applications Committee on the Judiciary. benefit from this program, and it is high time that are denied in a given country. (Mr. HYDE asked and was given per- that Congress corrected that inequity. Visa applications are refused when U.S. mission to revise and extend his re- There is only one fair justification for exclud- consular officers, often using subjec- marks.) ing these or any other countries from the waiv- tive factors, race or class-based pro- Mr. HYDE. Mr. Chairman, I want to er program: namely, where there is a high rate files, decide whether someone is likely thank the gentleman from Texas (Mr. of abuse. Yet there is no evidence that visitors to overstay a visa or not. SMITH), the chairman of the Sub- from Portugal are any likelier than others to A resident at the U.S. consulate in committee on Immigration and Claims, overstay their welcome in the United States San Palo, Brazil highlights the irra- for being so kind as to yield to me and once their visas have expired. In fact, the evi- tionality of reliance on visa refusal to the gentleman from North Carolina dence refutes any suggestion that there has rates for participation in the visa waiv- (Mr. WATT) for his deference, too, been an increase in illegal immigration from er program rather than objectively which I appreciate. Portugal in recent years. measured overstay rates, which this I am pleased to speak in support of Yet the continued exclusion of these coun- bill will allow us to gather information this legislation which extends the visa tries from the pilot waiver program creates a to implement. waiver pilot program. Under this pro- hardship for the many visitors who wish to In the instance in Brazil, the Brazil- gram, the United States allows short- come to this country and enhance our local ian consular officers were using cri- term visitors for business or pleasure, economies. It creates a hardship for the many teria, a code on the application that il- with passports from 26 designated families in this country with relatives in Por- lustrates the point that I am making. countries, to travel to the United tugal who seek to travel here to see them. The code on the application was a code States without first obtaining visas Many of those families are from southeast- which says LP, which stood for ‘‘looks abroad. Visa waiver substantially fa- ern Massachusetts, where the Portugese- poor.’’ These same consular officers cilitates international travel and American community has made enormous were instructed to carefully review any greatly benefits the economy of the contributions to our local heritage. These citi- visa application from persons living in United States, with over 12 million vis- zens and their family members overseas de- regions of Brazil which were predomi- itor arrivals under the program in 1996. serve to be treated fairly, and I urge my col- nantly black or Asian. Designation as a new visa waiver pro- leagues to vote for the amendment. The net effect of this careful review gram country under current law neces- Mr. WATT of North Carolina. Mr. was that few Brazilians of African or sitates, along with other requirements, Chairman, I yield myself as much time Asian ancestry ever got visas to visit low nonimmigrant visitor refusal rates as I may consume. the United States. We only found out for nationals of the particular country. Mr. Chairman, I rise today in support about this because one of the consular That rate, calculated over the last 2 of H.R. 2578, a bill to extend the visa officers refused to follow this process. fiscal years, must average below 2 per- waiver pilot program and to require When he did, the State Department cent and must remain below 2.5 percent the collection of data regarding the fired him. When the State Department for each of those years. In other words, visa overstay rates of nonimmigrants fired him, he sued them. Finally, last the general requirement of consular who visit the United States. week, a U.S. Federal District Judge or- screening abroad can only be waived The visa waiver pilot program was dered that he be reinstated in his job. when the U.S. consular officers rarely first authorized in 1986. The principles Because of the subjectivity of visa deny visitor visas to a country’s na- and goals of the program are sound: to rates, visa refusal rates generally, I H1486 CONGRESSIONAL RECORD — HOUSE March 25, 1998 firmly believe that we must move to- clude any other country; and the rea- lection of data related to the overstay ward a policy where participation in son for this bipartisan alignment that rates for visitors. the visa waiver pilot program is condi- would oppose any weakening amend- Mr. Chairman, the visa waiver pilot tioned not on subjective factors, but on ments is simply because of our very, program deserves all of our support be- objective criteria. That objective cri- very serious concern that expanding cause it has served our country well. It teria should be low visa overstay rates, the program would lead to a dramatic is a carefully crafted program which not low visa refusal rates. Simply put, increase in illegal immigration to was created in 1988 to allow for hassle- countries whose nationals enter the America. free travel between the country and U.S. but then fail to leave should not Mr. Chairman, what I would like to countries offering similar privileges to be allowed to participate in a visa do is to read into the RECORD the state- U.S. citizens for periods of 90 days or waiver pilot program. ment of administration policy that we less for business or pleasure, without Whether that country is Europe or just received yesterday. These are di- having to obtain a visa. Africa, the same criteria ought to be rect quotes. ‘‘The administration At a hearing before the Subcommit- applicable. Likewise, countries whose would oppose any changes to the cur- tee on Immigration and Claims of the nationals enter the U.S. and then leave rent program criteria used to deter- Committee on the Judiciary, witnesses as they have committed to do and are mine country participation in the Visa from the Clinton administration and obligated to do should be given the pre- Waiver Program. The current program the travel and tourism industry testi- sumptions the visa waiver program criteria are objective, non-country-spe- fied that the failure to extend the visa gives to them. Their visa overstays cific, and help to maintain the security waiver pilot program would cause dis- should be the criteria. and law enforcement interests of the ruptions in State Department oper- We must stop presuming, based on United States.’’ ations and hamper business travel and whatever subjective stereotypical or ir- From Attorney General Janet Reno tourism in the United States. In addi- rational criteria we are using, that one we have a letter that says, ‘‘I ask you tion, neither the State Department nor group or another is more or less likely to join me in supporting pending legis- the INS reports a significant level of to overstay their visa and stay in the lation that will extend the Visa Waiver violations on the part of persons enter- United States. We should have some Program for 2 years in its current ing the United States under the cur- objective criteria. form; that is, without amendments.’’ rent Visa Waiver Program. Of the 26 countries currently author- We have another letter from the De- Mr. Chairman, the visa waiver pilot ized to participate in the visa waiver partment of Justice saying that ‘‘The program works and continues to de- program, 21 are European countries. Department also endorses the rec- serve our support. More than 46 million Part of that is because we are now ommendation that the qualification international travelers visit the United using subjective criteria. Many have criteria for designating countries to States every year, providing a boost of requested that we make our visa waiv- participate in the Visa Waiver Program $84 billion in spending to our economy. er pilot program a permanent program. not be changed at this time.’’ Many of the small businesses in the And a letter from the State Depart- districts of my colleagues, and mine, b 1445 ment says, ‘‘As laid out in existing law, benefit directly from these visitors; The Chairman’s amendment will ex- the criteria for participating in the and they will feel the effect of lost rev- tend that by 2 years, rather than just program, which are objective and not enue and jobs if this program is not re- into 1999 as the current draft of the bill country specific, have worked out ex- newed. will do. tremely well. The established require- In closing, I want to also mention I will support the Chairman’s amend- ments have ensured that only low- that my staff and I for some time now ment, but I should be clear that so long fraud, low-risk countries have been have been exploring the possibility of as participation in the program is designated as participants.’’ extending a similar Visa Waiver Pro- based on subjective rather than objec- Mr. Chairman, I have to admit that gram to the neighboring eastern Carib- tive criteria and, therefore, potentially at some times in the past the adminis- bean islands of my district of the Vir- discriminatory criteria, I would oppose tration has, in fact, politicized the im- gin Islands. Allowing the residents of any efforts to make this Visa Waiver migration policy. But today we see an Antigua, St. Kitts, Dominica and the Program a permanent program. administration willing to take a prin- other Caribbean island nations to visit On the other hand, Mr. Chairman, if cipled stand, willing to stand for and the Virgin Islands for short periods, to we move to a point where participation protect the integrity of the immigra- shop and for other commercial activ- is based on truly objective criteria, the tion process by supporting this exten- ity, would mean a tremendous boost to amount of overstays in this country, I sion without any weakening amend- our fragile economy. This is similar to will be among the first to seek to make ments to include any other countries. the Underwood amendment, which I this program a permanent one. Mr. Chairman, I think that we should also support. Mr. Chairman, this bill moves us in compliment the administration for Mr. Chairman, this is a good bill. I that direction by significantly, under their stand and support their rec- urge all of my colleagues, in a biparti- its provisions, directing the INS to ommendation, as well as the rec- san spirit, to support the passage of gather information that will allow us ommendation of many of us who are H.R. 2578 and extend this program. to measure visa overstays and not just concerned about increased illegal im- Mr. SMITH of Texas. Mr. Chairman, I be a slave to visa denials. I, therefore, migration in America, were we to bring yield myself such time as I may con- encourage my colleagues to support any other countries into this Visa sume. this bill. Waiver Program, until we have addi- Let me go into a little bit more de- Mr. Chairman, I reserve the balance tional data. tail as to why so many of us, including of my time. Mr. Chairman, I reserve the balance the administration, feel that if we ex- Mr. SMITH of Texas. Mr. Chairman, I of my time. pand the program to include any other yield myself such time as I may con- Mr. WATT of North Carolina. Mr. country, it will increase illegal immi- sume. Chairman, I yield such time as she may gration in our country. I would like to make the point that consume to the gentlewoman from the While the United States, as we have today we have a very rare alignment Virgin Islands, Ms. CHRISTIAN-GREEN. seen in the past couple of years, has in- where we have the Justice Department, Ms. CHRISTIAN-GREEN. Mr. Chair- creased security along our land bor- the State Department, the administra- man, I thank the gentleman from ders, we have found out that those who tion as a whole, as well as the full com- North Carolina (Mr. WATT), for yield- want to enter illegally are increasingly mittee chairman of the committee of ing to me. looking for other avenues, such as com- jurisdiction and the subcommittee Mr. Chairman, today I rise to join my ing in through visa-waivered countries. chairman of the subcommittee of juris- colleagues on the Travel and Tourism State Department visa officers who diction all in favor of this bill, but all Caucus in strong support of H.R. 2578, issue the visas are in fact our first line opposed to any weakening amendments which will extend the visa waiver pilot of defense against illegal immigration. that would expand this program to in- program, as well as provide for the col- Through face-to-face interviews with March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1487 the visa applicants, the consular offi- Mr. WATT of North Carolina. Mr. passport to go from his home district cers can weed out individuals who do Chairman, I yield 7 minutes to the gen- to Washington, D.C. That is how strin- not plan to leave the United States tleman from Guam (Mr. UNDERWOOD). gent the process is. Maybe we ought to when their visas expire. Just as Border Mr. UNDERWOOD. Mr. Chairman, I introduce legislation to exempt me Patrol agents defend our land borders thank the gentleman for yielding me from this burden, but it is accurate to every time a Border Patrol agent ap- this time. say that the anomaly of the situation prehends an illegal alien, so our con- I take the time today to express my is such that there is a double-check. sular officers defend our borders every strong support for H.R. 2578, which is of So Guam-only visas are exactly that. time they deny a visa to an individual vital importance to many areas that They are only meant for Guam; they who would have stayed in the United rely on tourism, including my own are meant for 15 days, it is not the 90 States illegally and would have over- home island of Guam where we get over days that is in the general Visa Waiver stayed their visa. 1.2 million tourists a year, many of Program. Mr. Chairman, the INS, through their them from Japan. b 1500 Border Patrol agents, last year appre- Today I want to speak about an hended 1.6 million illegal aliens. Con- amendment that I have printed in the We feel very strongly and we believe sulate officers denied visas to 1.5 mil- RECORD which I will explain in the that if this program were family-based, lion foreign applicants, almost the course of general debate now and with- based on sponsorship, based on a lim- ited number, we would be able to ob- exact same number apprehended in the draw later on. I want to take the time to explain exactly what I am trying to tain better data. United States by the Border Patrol The visa refusal rate in the U.S. em- agents. Without our visa screening, do. Guam has a Guam-only Visa Waiver bassy in Manila is a general refusal therefore, we would have at least 1.5 rate. It does not track Guam visitors million more illegal aliens in the Program which is separate from this general Visa Waiver Program. In our as a separate category. We think that United States, and perhaps many times this is a fair response to the problem. that number. Guam-only Visa Waiver Program, visi- tors are allowed to come from coun- We think it is an honorable response, Mr. Chairman, a lot of people do not and we hope that we will be allowed to realize that 40 percent, or at least 40 tries like Japan, Korea, and Taiwan for 15 days, and there are 14 other coun- proceed with such a pilot project. percent of the number of illegal aliens In recognition of the chairman’s con- tries on that list. in this country today did not cross the cerns about this, and the fact that per- border illegally; they came in on a One of the issues that always affects the people of Guam, which has a large haps it caught him a little unaware in tourist visa or a business visa and then the process of bringing up the general number of Philippino Americans, is overstayed that visa. That is 40 percent visa waiver program, I will not proceed how to deal with family events; and of our illegal alien problem in America with the amendment later on today, what we have been proposing and what today. If we eliminate a visa screening but I would like to ask the chairman if we have been working towards with a process for additional countries, we are he would be willing to work with me locally organized task force for the simply going to be asking for more ille- over the next couple of weeks to see past 4 years is to set up a pilot project gal immigration. what we can do to make progress to- within the scope of this Guam-only I have to say also that one of the par- wards this pilot project. ticular problems we have with admit- Visa Waiver Program, to run a pilot Mr. SMITH of Texas. Mr. Chairman, ting a country like Portugal is that the project for 1 year, allowing 100 citizens will the gentleman yield? problem will be worse with that coun- of the Philippines to come in under a Mr. UNDERWOOD. I yield to the gen- try than with any other visa-waivered Visa Waiver Program per month and to tleman from Texas. countries. Today, there are 26,000 peo- determine subsequent to that whether Mr. SMITH of Texas. Mr. Chairman, I ple in the United States who are here such a program can be realistically en- thank the gentleman for yielding. illegally and who came from Portugal. forced on a longer-term basis. Let me reassure the gentleman that I If we did not have a visa program for This has been done through a lot of am happy to work with the gentleman individuals coming from Portugal and discussions, and my own efforts in per- on this idea. Let me say, listening to if the visa program was eliminated and sonally observing and discussing the the gentleman’s explanation, which is if Portugal became a visa-waivered process with officials in the U.S. em- an education for all of us, we have not country, think how many times that bassy in Manila and trying to work had time to study the amendment. He 26,000 illegal alien number from Por- through with local INS officials on makes many valuable points. Certainly tugal we would have in the country Guam. the gentleman is doing an excellent job today. The program that I envision, the of representing his constituents. So clearly it does not make any sense pilot project that is mentioned in the I certainly recognize the need to try to give a country that already has so amendment, envisions a family-based to expedite that free exchange and flow many people who have already come in program in which citizens would be al- of trade, free trade and tourism be- illegally, to give any special consider- lowed to come for special family tween the countries as planned, and we ation to not have to go through the events. The program that we are out- look forward to hearing more about visa process. lining here says that no program will that in our subcommittee delibera- Finally, I have to say to many of my be in effect until a memorandum of un- tions. colleagues, and I know there are sev- derstanding is signed between the U.S. Mr. UNDERWOOD. Mr. Chairman, I eral who support expanding the pro- Attorney General and the Government thank the gentleman for that state- gram, that I am surprised by their of Guam to make sure that the pilot ment. I look forward to trying to make stand; and it is not clear to me why project is conducted in a fair, efficient sure this works out for the people of any individual who has supported re- and effective manner; and at the same Guam, in full recognition of the gen- ducing illegal immigration in the past time, it also posits that if we get a 20 eral provisions of the visa waiver pro- by their votes in Congress would sup- percent failure rate on any month, that gram, and as well as making sure that port an expansion of this program the pilot project immediately come to it meets the concerns of the people of when so clearly that expansion would a halt. So that is the basic outline of Guam. mean an increase in illegal immigra- the project that we have. Mr. SMITH of Texas. Mr. Chairman, I tion. Some of the questions that have been yield 3 minutes to my friend, the gen- Mr. Chairman, I reserve the balance raised pertain to whether this will be a tleman from Florida (Mr. FOLEY). of my time. conduit for illegal immigration. I want Mr. FOLEY. Mr. Chairman, I thank Mr. WATT of North Carolina. Mr. to assure the Members of this House the gentleman for yielding me the Chairman, would the chair advise us to that the Guam-only Visa Waiver Pro- time. I thank the gentleman from how much time remains on each side? gram is in force by INS not only as Texas (Chairman SMITH) for bringing The CHAIRMAN (Mr. SUNUNU). The people come into Guam, but as people this very important bill to the floor. gentleman from North Carolina has 19 leave Guam and go to Honolulu. Having heard the gentleman from minutes remaining; the gentleman I dare say I am probably the only Guam, we understand, certainly, his in- from Texas has 20 minutes remaining. Member of Congress who has to show a terests and obviously other countries’ H1488 CONGRESSIONAL RECORD — HOUSE March 25, 1998 interests in expanding the program, destination, but almost every State as ‘‘looks poor,’’ ‘‘talks poorly,’’ or but we want to make certain as well now is enjoying the economy from ‘‘looks rough.’’ Moving away from such that before we expand unlimitedly, tourism. a seriously flawed system would be that we provide the kind of safeguards Mr. SMITH of Texas. Mr. Chairman, I welcome. that the gentleman from Texas (Chair- reserve the balance of my time. Representing an area very heavily man SMITH) has been asking for, to Mr. WATT of North Carolina. Mr. dependent on tourism, particularly on make certain that the programs do in Chairman, I yield 5 minutes to the gen- tourists from Asia, I and a number of fact work, that we do have a viable tleman from Hawaii (Mr. ABER- others here in the Chamber have been program, but that we do not unwit- CROMBIE). working to bring South Korea into the tingly provide for a flood of illegal im- Mr. ABERCROMBIE. Mr. Chairman, I visa waiver program. The Seoul em- migration, if you will. thank the gentleman for yielding me bassy has the highest number of appli- I want to talk specifically about the the time. cations for non-immigration visa of bill the chairman has on the floor. It Mr. Chairman, I would like to com- any U.S. embassy. Approximately has been in existence 10 years. The visa mend the gentleman from Texas (Mr. 600,000 visa applications were filed waiver program has been an excellent LAMAR SMITH), the chairman of the there last year, many of them for visi- tool for encouraging tourists to come Subcommittee on Immigration and tor visas. to the United States. That has had a Claims, for his work in developing this This shows not only the importance direct impact on virtually every region important legislation to extend the of Korean travel to our country, but of our country. Whether you are on the visa waiver pilot program. I would like also the need to expedite the system West Coast of the United States, Flor- to add parenthetically, Mr. Chairman, for allowing Korean visitors into the ida, or Massachusetts, we have all ben- my particular thanks to the gentleman United States for tourism, as well as efited by the visa waiver program. from Texas (Mr. SMITH) for his kind- for business and commercial purposes. In fact, in 1996 alone 46 million inter- ness, courtesies, and his consideration Mr. SMITH of Texas. Mr. Chairman, national visitors came to the United of the issues that I brought before him. will the gentleman yield? States, and they spent more than $90 He has been accommodating in lis- Mr. ABERCROMBIE. I yield to the billion; $90 billion spent by 46 million tening to concerns and suggestions gentleman from Texas. international visitors. Those dollars those of us from Hawaii have expressed Mr. SMITH of Texas. Mr. Chairman, I translate into jobs in hotels, in air- to him through hearings last year in thank the gentleman from Hawaii, my ports, in train stations, in restaurants, which Hawaii Lieutenant Governor friend, for his generous comments in clothing stores, in nearly every sec- Mazie Hirono presented testimony for about me personally. They are appre- tor of the American economy. the State, as well as through discus- ciated. The only thing I can do is to re- International tourists are so impor- sions we have had in the Committee on ciprocate, and say that in my time in tant that travel and tourism itself has the Judiciary’s consideration of the Congress I have met few individuals become one of America’s largest em- bill, and in subsequent discussion. who have been as articulate and as per- ployers, directly employing 6.8 million I am engaging the gentleman from suasive in advocating their constitu- Americans and generating a total trav- Texas (Chairman SMITH) today to fur- ents’ interests as has the gentleman el-related payroll of $121.6 billion. ther emphasize the importance not from Hawaii (Mr. ABERCROMBIE). Travel and tourism in fact ranks as the only of the changes the committee has Mr. Chairman, we have talked about first, second, or third largest employer recommended, but also of the need to this issue a number of times over the in fully 32 States and the District of expand the number of countries al- past months, probably because of the Columbia. lowed to participate in the expedited gentleman’s persuasive powers and the The visa waiver program extends to entry procedures accorded visa waiver merits of the case. I am hoping we can more than 20 countries right now, in- pilot program participants. move forward in a substantive way in cluding Japan, Germany, and the The committee has wisely rec- the near future as well. I particularly United States, and tourists from these ommended that the INS undertake appreciate the comments of the gen- countries have generated considerable compiling visa overstay rates for those tleman from Hawaii. I understand the dollars for us. Some 5 million Japa- countries of which we still require concerns that he and others have nese, for instance, visited America in visas for entering the country, and I brought to the attention of the sub- 1996, and they spent more than $10 bil- think the gentleman from Texas (Mr. committee. lion while they were here. SMITH) has made quite extensive re- I also want to acknowledge and Why do I keep underscoring num- marks already on that subject. thank the gentleman from Hawaii for bers? Why do I keep talking about dol- I am certain that the Committee on his efforts in presenting the facts about lars? Because the jobs and the economy the Judiciary will monitor closely ex- Korea’s eligibility for the visa waiver of the United States depend on a vi- peditious implementation of the re- program. He has added greatly to our brant tourism industry. The visa waiv- quirement. The INS has not been time- understanding of the program as it per- er program has been part and parcel of ly in completing an interagency report tains to the Republic of Korea. He has that success. on reform issues which would have moved us forward on the issue, and I As cochairman of the Congressional aided House consideration of this bill. I believe that because of his work we are Travel and Tourism Caucus, along with trust overstay statistics will be the closer to a resolution that satisfies the my colleague, the gentleman from basis for changes in the future by requirements of all parties involved. California (Mr. FARR), I strongly sup- which countries will qualify for the For a variety of reasons, we have not port the visa waiver program because waiver program based on how well for- been able to get this bill yet through of the benefits it provides to our econ- eign citizens comply with visa require- our subcommittee and to accommodate omy through tourism. I strongly urge ments, instead of the current system, all of his interests. He has brought, my colleagues, whose State economies under which qualification is based on however, not only reasoned but intense all benefit from travel and tourism, to the percentage of applications for visas commitment to his constituents in the vote yes on the chairman’s bill to keep which are rejected by the State Depart- legislative process. I understand well this program alive. ment. the need to increase tourism, not only Whether Members know it or not, Rejections are based on often subjec- from Korea and Asia, but also from the and they should ask their local res- tive criteria, as was illustrated last rest of the world, to Hawaii as well. taurant operator, ask their local week when a mediation panel found a I recognize the economy of Hawaii is hotelier, ask their local rental car U.S. consular official in the Sao Paolo, very heavily dependent on tourism, agent, ask their local merchant, how Brazil, visa office was unjustly dis- particularly tourism and family visits many people come into their businesses missed from his position for having from Asia, and that the State stands to on an annual basis that are from other criticized the visa approval system as benefit greatly if Korea was able to countries? I think it will startle and being vague and having inconsistent enter the visa waiver program. That is surprise us, because not only is the criteria used there, criteria such as la- one of the reasons we have, on a bipar- Sunshine State of Florida a popular beling some non-immigrant applicants tisan basis, mandated the compilation March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1489 of overstay statistics, so we can base that is brought into this country to Colleagues, is implying that European participation in the program on sound- shop and visit places in America. They countries are more qualified to be ad- er public policy than we are able to learn about our country. They learn mitted than countries in South Amer- under the rejection rate criteria now about our culture. They visit this Cap- ica or Asia or Africa. I hope that is not required. It is necessary to remain itol. They may be sitting upstairs right the intent of the drafters of what those under the flawed system until we can now. Dear Colleagues meant. Nevertheless, rationally deliberate and debate an al- We have over 46 million international that is the clear conclusion that any of ternative, which we expect to do. visitors each year in the United States. us can draw when they say that the The CHAIRMAN. The time of the They spend more in this country than reason these two other countries, Por- gentleman from Hawaii (Mr. ABER- all of the Americans spend when we go tugal and Greece, should be admitted is CROMBIE) has expired. abroad, so our balance of trade in the because they are part of the European Mr. SMITH of Texas. Mr. Chairman, I tourism issue is in the $26 billion sur- Union. yield myself 1 minute. plus. Again, there is nothing magic about Mr. Chairman, I want to also com- We are winning with this program. It being in the European Union. If any mend the gentleman from Hawaii (Mr. is good for Main Street, America. It is country in the world wants to become ABERCROMBIE) for his bringing this good for the United States Congress, a visa waiver country, all they have to issue to our attention, and for his con- because it helps, I think, visiting this do is meet the very clearly delineated structive proposals for reforming the country and understanding what standards. We should not change the program to allow South Korea entry makes it work at the local govern- rules simply to guarantee an outcome into it. ment, State government, Federal gov- that we might like to have. That would This bill continues the program until ernment level, it really helps people be a little like a teacher who wants to October 1 of next year, and we will be appreciate what democracy is all lower the passing grade from 50 to 40 reviewing the program as well as im- about. just to be able to pass a particular stu- plementation of the system for compil- The visa waiver program is one small dent. ing overstay statistics, and I hope we step for getting us on more user-friend- Mr. Chairman, we should not lower will be able to move forward at that ly terms with countries that we as the standards for countries that want time to decide whether countries like Americans just take for granted, be- to become visa waiver countries, just South Korea comply sufficiently with cause oftentimes they require no visa like we should not lower the standards the aims and goals of the program. for us to visit them. We should not re- in our classrooms. It is not good for Once again, I thank my friend, the quire a visa for them to visit us, par- education and it is not good for our im- gentleman from Hawaii (Mr. ABER- ticularly when the error rate is so low. migration process. CROMBIE) for his persistence in pursu- I hope we will adopt the amendment Mr. Chairman, I reserve the balance ing the interests of his constituents that will allow other countries to come of my time. and the interests of Hawaii, and of into the program. Mr. WATT of North Carolina. Mr. course the interests of all of those who Mr. SMITH of Texas. Mr. Chairman, I Chairman, I yield 4 minutes to the gen- want to visit Hawaii as well. yield myself such time as I may con- tleman from Rhode Island (Mr. KEN- Mr. Chairman, I reserve the balance sume. NEDY). of my time. Mr. Chairman, I want to respond to Mr. KENNEDY of Rhode Island. Mr. Mr. WATT of North Carolina. Mr. several of the Dear Colleagues that Chairman, I thank the gentleman from Chairman, I yield 30 seconds to the have been passed around among Mem- North Carolina (Mr. WATT) for yielding gentleman from Hawaii (Mr. ABER- bers. I am talking particularly about me this time. CROMBIE). several of these Dear Colleagues. There Mr. Chairman, I want to comment on Mr. ABERCROMBIE. Mr. Chairman, I have been three now which have said what the gentleman from Texas (Mr. thank the gentleman for yielding me the exact same thing. SMITH) just said about what our mo- the time. tives were for putting the two Euro- b 1515 I am very grateful to the gentleman pean countries, as if we were implicitly from Texas (Mr. SMITH) for his kind re- They have made the point that every also condemning countries in Africa or marks, and I look forward to working country in the European Union is a Asia or South America by singularly with him and the administration in the visa waiver country except for two, referring to the European Union as like future to address these matters, as well Portugal and Greece. But I want to say if every other country is part of it, as the very legitimate concerns such as to my colleagues that just because then why should these two not be a security that the chairman has raised. countries are a European country does part of it. That would be the same way Mr. WATT of North Carolina. Mr. not mean that they are going to auto- as me saying that the gentleman’s Chairman, I yield 2 minutes to the gen- matically get certain special treat- metaphor about the classroom meant tleman from California (Mr. FARR). ment. There should be nothing magic that he does not think Greece and Por- Mr. FARR of California. Mr. Chair- attached to the fact that a country is tugal are up to grade. I would never man, I thank the chairman for yielding in the European Union or not. question the gentleman’s motivations time to me. The fact that there are two countries to say that Greece and Portugal are Mr. Chairman, visa waiver has noth- that are not in the visa waiver program not up to grade. ing to do with credit cards, but it has that are in the European Union simply Mr. SMITH of Texas. Mr. Chairman, a lot to do with small business. I stand points and underlines the fact that we will the gentleman yield? in support of this, because as cochair of do have objective criteria that deter- Mr. KENNEDY of Rhode Island. I the Travel and Tourism Caucus, along mine whether or not a country is going yield to the gentleman from Texas. with the gentleman from Florida (Mr. to be a visa waiver country or not. Mr. SMITH of Texas. Mr. Chairman, I MARK FOLEY), we stand in bipartisan What it shows is that we have the same think the gentleman did understand fashion to support the White House standards that apply to every single the point of my metaphor there, but if Conference on Travel and Tourism’s country in the world. The countries the countries have not met the stand- recommendation to this House that we that meet the standards are admitted ard that currently exists, we are not ought to expand the visa waiver pro- and become part of our visa waiver sys- asking for special treatment. gram. I hope it is expanded. tem. The countries that do not meet Mr. KENNEDY of Rhode Island. Mr. Let me tell the Members why this is the standards are not admitted, and it Chairman, reclaiming my time, I ap- important to this country. Twenty-six does not matter whether they are in preciate the fact that the gentleman countries now have the visa waiver Europe or some other continent. from Texas (Mr. SMITH) talked about program. This bill helps Main Street, The fact of the matter is that saying standards, because implicitly in this U.S.A. Why? Because it brings people that two countries deserve to be admit- bill the gentleman is begging the ques- from other places, international visi- ted to the visa waiver program just be- tion. The gentleman is changing the tors, to the United States. They spend cause they are European, and that is standards in this bill. That is what ev- $90 billion when they are here, money the implication of these three Dear eryone is talking about. The gentleman H1490 CONGRESSIONAL RECORD — HOUSE March 25, 1998 is moving from that ‘‘standard’’ that Mr. Chairman, I look forward to of- program, knowing that such an expan- he says is an objective standard, but fering an amendment with my col- sion is going to increase illegal immi- readily admits is a faulty standard. leagues, the gentleman from California gration in America. The gentleman from Texas (Mr. SMITH) (Mr. POMBO), the gentleman from Mas- Mr. Chairman, a couple of people readily admits it is a faulty standard. sachusetts (Mr. FRANK), and the gen- here today have tried to make the That is why we have got this bill, be- tleman from New Jersey (Mr. PAPPAS) point that this is a so-called arbitrary cause this bill is going to move from an to add Portugal and Greece. I look for- process whereby we decide what coun- overall refusal rate to an overstay rate. ward to a fuller debate when we get tries are in the visa waiver program or It is a much more realistic measure of that amendment before the full House. not. First of all, I will refer my col- what we should be determining, which Mr. SMITH of Texas. Mr. Chairman, I leagues to the statements by the At- countries make it into the visa waiver yield myself such time as I may con- torney General herself, as well as by program versus which countries do not. sume. the State Department, as well as by So, Mr. Chairman, the gentleman Mr. Chairman, I just want to point the administration, all saying that we from Texas (Mr. SMITH) himself is ad- out to the gentleman from Rhode Is- do have objective criteria. land (Mr. KENNEDY) that this faulty mitting that, well, it needs to comply I am a little surprised about that ar- data that he refers to is an interesting with the standard, but then he is also bitrary charge, because that is, quite way to describe a requirement that he saying that standard is no good any- frankly, an insult to the consular offi- has in his own amendment. I am look- more. That is exactly our point. cials who are career professionals, who The idea behind this, if I might say ing on page 2 of the gentleman’s amendment where he says such refusal have a lot of technical training and so, is Portugal and Greece are two of many years of experience. They are the our closest allies, and the fact of the rate for nationals of that country dur- ing the previous full fiscal year was individuals who, as I said, are on the matter is if we want to look at indices, front lines of trying to determine, and the gentleman from Texas (Mr. less than 3 percent. The gentleman is using the exact data that he criticizes. when someone applies for a visa, SMITH) has cited a few indices over whether they are likely to overstay there but I would be happy to cite some But the point here is that at least we have the same requirements for every their visa in the United States and, on our side, the fact of the matter is therefore, contribute to the growing il- that between 1992 and 1996, illegal im- country. And the gentleman again talked about the two countries were legal immigration population in Amer- migration, so to speak, from Portugal ica. was on the decrease. the only countries not in the European I do not know where the gentleman Union. I am afraid the gentleman rein- Mr. Chairman, the point is that these got his statistics, but I beg to differ. forces the point that I made a while consulate officers are not flipping a Let us call a truce, because the INS is ago, that we are giving special pref- coin to determine who gets in, who giving the gentleman a set of statistics erence to countries because they are does not get in. They have this list of and they are giving us another set. But European countries, and it makes me criteria that includes such things as let us look at the objective facts. So concerned that we are discriminating whether they have family members in far as Portugal is concerned, Por- against other countries that might not their home country that would help tugal’s economy is growing by leaps be European countries. them be assured that they are going to Mr. KENNEDY of Rhode Island. Mr. and bounds. Their unemployment rate return home; what the economy is like; Chairman, will the gentleman yield? is 4 percent lower than that of the old whether individuals might be fleeing Mr. SMITH of Texas. I yield to the the home country economy that has European Union. So what may have gentleman from Rhode Island. given cause for the State Department gone sour because there is a better Mr. KENNEDY of Rhode Island. Mr. economy in the United States, and so to be worried initially that the Por- Chairman, the gentleman from North tuguese were going to come over here on. Carolina (Mr. WATT), my good friend These are objective standards that to live, to get a job, has been refuted and colleague, said he is not going to by the fact that the economy is so are consistently and fairly applied to bite on that argument. The fact of the every country in the world. And I think strong. matter is that because I am for Greece In terms of Greece, the fact of the it is regrettable that many of our allies and Portugal does not mean that I am today are not visa waiver countries. matter is that there are more Greek against Africa, South America and Americans going over to live in Greece There are a lot of other countries that Southeast Asia. are just a notch away from Portugal than there are Greeks coming over to Mr. SMITH of Texas. Mr. Chairman, and Greece, countries and allies like live here in the United States. So we reclaiming my time, the reason that I Israel. And I wonder why we have not have two irrefutable facts, they are will not budge from that argument is included them if we are going to ex- commonsense facts, and we lay them that the gentleman keeps using that pand the program just a tiny bit. But on top of the fact that we enjoy a good phrase, that they deserve to get the apparently we are interested just again relationship with these two countries, visa waiver status because they are in those two countries, and perhaps be- and it is a terrible thing for our diplo- members of the European Union. If the macy to have two of our closest allies gentleman will refrain from using that cause they are members of that sac- be rejected from a program which argument, I will refrain from pointing rosanct European Union. every one of our other allies in Europe out that it might be discriminatory. Mr. Chairman, I will end on the point is a part of. Mr. KENNEDY of Rhode Island. Mr. that I think we should extend the pro- Mr. Chairman, if we want to talk Chairman, if the gentleman will again gram. We can all agree on that. But we about refusal rates and Portugal and yield, let us concede then that Greece should not expand the program because Greece not coming up to par, the fact and Portugal are two very close allies if we do so, then we are going to elimi- of the matter is they are just on the and let us take it from there. nate that screening process when indi- cusp. And I might add, let us not argue Mr. SMITH of Texas. Mr. Chairman, viduals apply for visas from Portugal about whether they make the standard again reclaiming my time, I agree with or Greece and, therefore, we are going or not, because the gentleman from the gentleman that Portugal and to be in a position where all one needs Texas (Mr. SMITH) just admitted the Greece are close allies. We have many is a passport to come to the United standard is faulty. friends there. They are both great States, and we are going to end up with The standard is based upon a way of countries. Portugal is one of my favor- a lot more people coming in illegally measuring this that is based upon the ite countries. It so happens I have two and overstaying their period of time. refusal rate and not the overstay rate. original oil paintings in my home of I think it is an interesting argument The gentleman in his bill admits that Portuguese sailing boats. I have a that the individuals make who want to we need to tell the Attorney General great affinity for both of those two expand the program, accusing the pro- and the State Department to move to- countries. But that is not the issue gram of now being arbitrary and yet wards this new standard, because the here today. they also favor an extension of the pro- gentleman inherently acknowledges The issue is whether we are going to gram to the 2-year length of program. that the current standard is faulty. lower our standards and expand the If the program is so arbitrary, it seems March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1491 to me they would not support an exten- Mr. Chairman, I reserve the balance going to expand the program, why not sion of the program for 2 years, but in of my time. catch all the other allies? But the fact they do. Mr. WATT of North Carolina. Mr. amendment is not to make any special Lastly, I just want to make the Chairman, I yield myself the balance of exemption for any special country; it is point, and again we cannot say enough my time. for that country to take the steps about how great those two countries Mr. Chairman, this is a good bill. It itself. are, but unfortunately what we need to is good because we need a visa waiver Again, I double-checked my figures do is to encourage those countries to pilot program. The idea of having a that were in discussion a few minutes take steps so that they have a lower visa waiver program is a good idea. ago and confirmed the fact that in the visa refusal rate, rather than lowering b 1530 case of Greece, their record on visa re- the standards and making a special dis- fusals was, in fact, worse in 1997 and in pensation for certain countries. The It is good because we have in this bill 1996. So this amendment that we ex- answer to those countries becoming the mechanism for making the Visa pect includes one country, Greece, visa waiver countries is to frankly Waiver Program a substantially better which unfortunately has a record that have a better record, and they have program by gathering the information is going in the exact wrong direction. control over what they do to determine that we need on visa overstays, to set The likelihood of illegal immigration that. up a rational basis for which countries is increasing; it is not decreasing. And Lastly, Mr. Chairman, in the case of can participate in the Visa Waiver again, why admit a country that is Portugal, I mentioned a minute ago Pilot Program. going to increase illegal immigration? that they have at least 26,000 individ- The gentleman from Rhode Island I can understand why that might be uals from that country who are in this (Mr. KENNEDY) and the gentleman from in the interest of some of our friends in country illegally. Those are 26,000 peo- California (Mr. POMBO) are going to try these other countries, but I would like ple that have overstayed their visas. If to make the bill better by extending for someone to explain for me why it is Portugal did not even have a visa the bill’s coverage to some other coun- good for America to increase illegal screening program, how many times in tries that ought to be included under immigration. that 26,000 would we have illegal indi- the existing Visa Waiver Program. Mr. KENNEDY of Rhode Island. Mr. viduals who were from Portugal who So what I am recommending to my Chairman, will the gentleman yield? would then come to America? There is colleagues is that we support the bill, Mr. SMITH of Texas. I yield to the no answering that. support the manager’s amendment that gentleman from Rhode Island. But we do have a comparison to will make it a 2-year extension, and Mr. KENNEDY of Rhode Island. Mr. make. That is, if we look at all the visa support the amendment that is going Chairman, I want to say with respect countries that we have today, almost to be offered by the gentlemen from to Greece, my colleague said Greece’s all of those countries just had 1 or 2 or Rhode Island and California so that we refusal rate is higher than Portugal; 3 or 4,000 individuals illegally in the make it a better bill. yet their overstay rate, according to country today. Portugal, with this Mr. Chairman, I yield back the bal- his statistics, is lower. And the point is 26,000 with the visa screening process, ance of my time. that it is arbitrary. if we lift that screening process and Mr. SMITH of Texas. Mr. Chairman, Mr. SMITH of Texas. Mr. Chairman, just allow individuals to come with a how much time remains on each side? let me reclaim my time and ask the passport only, it is very clear that Por- The CHAIRMAN pro tempore (Mr. gentleman to point to some figures tugal, if it became a visa waiver coun- SNOWBARGER). The gentleman from try, would have an exponentially larger that I believe he has, and these are the Texas (Mr. SMITH) has 6 minutes re- refusal rates tabulated by the Depart- number of illegal aliens in the country maining, and the gentleman from than any other visa waiver country. ment of State; and he will see in fiscal North Carolina (Mr. WATT) has no time That is why the administration op- year 1996, which is what I am looking remaining. at, the Greece visa refusal rate was poses any weakening amendments, and Mr. SMITH of Texas. Mr. Chairman, I that is why I think my colleagues 2.48. In fiscal year 1997, it was 2.81. yield myself such time as I may con- Now, it seems to me that 2.8 is great- should as well. sume. Now, in the case of Greece, we ought er than 2.4, and if that is the case, then Let me respond to another Dear Col- to be able to decide very quickly who the visa refusal rates were worse in league. I mentioned the 3 Dear Col- has got the better data, and I would be 1997 than 1996. And I would stand by my leagues that seem to say we ought to happy to share mine with the gen- statement, the record is getting worse give preference to Portugal and Greece tleman from Rhode Island (Mr. KEN- for Greece, not better. because they are in Europe. This is an- NEDY). Our data is that Greece is going Mr. KENNEDY of Rhode Island. If the in the exact wrong direction. Their other Dear Colleague that says that gentleman would yield further, accord- record is getting worse. The number of the Visa Waiver Program ‘‘discrimi- ing to the INS, their overstay rates are individuals who were denied visas this nates against Greece and Portugal.’’ getting lower. So that proves the point. year in 1997 is greater than the individ- Let me reiterate and say that the Mr. SMITH of Texas. Mr. Chairman, uals who were denied visas in 1996. Visa Waiver Program does not dis- the overstay rate has not been current I have data from the INS and from criminate against anyone, it applies for 5 years. That is why we all agree the State Department which I will be the same standards to every country in that we need to extend the program for happy to share with the gentleman the world. And again I say, as I men- 2 years and get the correct data from from Rhode Island (Mr. KENNEDY), but tioned a while ago, to reward a couple the INS. When we have the right data, we have one country, that is Portugal, of countries that have not met the then we will be in a better position. that is going to be susceptible to a long-established criterion that is objec- But the data that we have is over 5 huge increase of illegal aliens in this tively applied is like saying to a stu- years old. country, and another country, Greece, dent who failed the test, we are going Mr. Chairman, how much time do I where the record is going in the wrong to keep lowering the passing grade have remaining? direction. The risk is increasing, not until we pass you. That is not good for The CHAIRMAN pro tempore. The decreasing. The figures are getting education; it is not good for immigra- gentleman from Texas controls 21⁄2 worse, not better. And if the trend tion policy. minutes. would continue, they would not even In the case of Greece and Portugal, Mr. SMITH of Texas. Mr. Chairman, I qualify in a year from now for the visa two great, wonderful countries, they yield myself such time as I may con- waiver program. simply do not qualify. The amendment sume. The gentleman from Rhode Island is not to carve out any kind of a spe- Let me conclude by saying once (Mr. KENNEDY) says he has other data. cial exemption for those countries. As I again that today our colleagues are Perhaps in the next minute or two we mentioned a while ago, it is interesting seeing a rare alignment of orbits here could exchange data, but mine come to me that the special exemption starts where we have the Department of Jus- from the State Department and the right before a number of our other al- tice, the State Department, and the INS. lies, perhaps like Israel is, if we were White House itself joining many of us H1492 CONGRESSIONAL RECORD — HOUSE March 25, 1998 in Congress who are Republicans in for each fiscal year, regarding the total num- Mr. WATT of North Carolina. Mr. saying that we need to extend the pro- ber of aliens within each of the classes of Chairman, I move to strike the last gram, but we need to oppose any weak- nonimmigrant aliens described in section word. ening amendments. The primary rea- 101(a)(15) of the Immigration and Nationality Mr. Chairman, I rise in support of the Act (8 U.S.C. 1101(a)(15)) whose authorized son for opposing those weakening period of stay in the United States termi- amendment and encourage my col- amendments is because of the danger of nated during the previous fiscal year, but leagues to support it. increasing illegal immigration in who remained in the United States notwith- The CHAIRMAN pro tempore. The America. standing such termination. question is on the amendment offered As I pointed out, unfortunately and (b) ANNUAL REPORT.—Not later than June by the gentleman from Texas (Mr. regrettably, the country that seems to 30, 1999, and not later than June 30 of each SMITH), as modified. have let a lot of people into the coun- year thereafter, the Attorney General shall The amendment, as modified, was try illegally is Portugal, 26,000 today. submit an annual report to the Congress pro- viding numerical estimates, for each country agreed to. And that is why the visa screening for the preceding fiscal year, of the number AMENDMENT NO. 2 OFFERED BY MR. POMBO process is in place. If Portugal becomes of aliens from the country who are described Mr. POMBO. Mr. Chairman, I offer an a Visa Pilot Program and it has an ex- in subsection (a). amendment. emption for obtaining visas, then we The CHAIRMAN pro tempore. No The Clerk read as follows: are going to be in a situation where it amendment to the bill is in order un- Amendment No. 2 offered by Mr. POMBO: is even easier for individuals from that less printed in the portion of the CON- Page 2, after line 22, insert the following: country to come into the United States GRESSIONAL RECORD designated for SEC. 3. QUALIFICATIONS FOR DESIGNATION AS and stay illegally. That 26,000 figure is that purpose. PILOT PROGRAM COUNTRY. simply going to explode; we will have The Chairman of the Committee of Section 217(c)(2) of the Immigration and more illegal aliens from Portugal than the Whole may postpone a request for a Nationality Act (8 U.S.C. 1187(c)(2)) is any other visa exemption country. recorded vote on any amendment and amended to read as follows: Second of all, in the case of Greece, may reduce to a minimum of 5 minutes ‘‘(2) QUALIFICATIONS.—Except as provided then their record is going the wrong di- in subsection (g), a country may not be des- the time for voting on any postponed ignated as a pilot program country unless rection. We should not be going in a di- question that immediately follows an- the following requirements are met: rection that is going to continue to un- other vote, provided that the time for ‘‘(A) LOW NONIMMIGRANT VISA REFUSAL dermine the integrity of the immigra- voting on the first question shall be a RATE.—Either— tion system. minimum of 15 minutes. ‘‘(i) the average number of refusals of non- One more point about Portugal. We Are there any amendments to the immigrant visitor visas for nationals of that have there, in the State Department as bill? country during— ‘‘(I) the two previous full fiscal years was well, one of the real concerns that we AMENDMENT NO. 3 OFFERED BY MR. SMITH OF less than 2.0 percent of the total number of have and that they have is that if Por- TEXAS tugal became a visa waiver country, we nonimmigrant visitor visas for nationals of Mr. SMITH of Texas. Mr. Chairman, I that country which were granted or refused would see a dramatic increase in child offer an amendment. during those years; and smuggling. The reason for that is that The Clerk read as follows: ‘‘(II) either of such two previous full fiscal Portugal has passports that do not Amendment No. 3 offered by Mr. SMITH of years was less than 2.5 percent of the total have the photographs of children on Texas: number of nonimmigrant visitor visas for na- them; and just because a document or Page 2, strike lines 1 through 5 and insert tionals of that country which were granted a passport is machine readable does not the following: or refused during that year; or require that they have the photographs SECTION 1. EXTENSION OF VISA WAIVER PILOT ‘‘(ii) such refusal rate for nationals of that PROGRAM. of the children. And that is one reason country during the previous full fiscal year Section 217(f) of the Immigration and Nat- was less than 3.0 percent. the State Department has also opposed uralization Act is amended by striking ‘‘(B) MACHINE READABLE PASSPORT PRO- admission of Portugal as a visa waiver ‘‘1998.’’ and inserting ‘‘2000.’’. GRAM.—The government of the country cer- state. MODIFICATION TO AMENDMENT NO. 3 OFFERED tifies that it has or is in the process of devel- Mr. Chairman, I simply conclude by BY MR. SMITH OF TEXAS oping a program to issue machine-readable saying that we should not change our Mr. SMITH of Texas. Mr. Chairman, I passports to its citizens. standards to accommodate specific ask unanimous consent that the ‘‘(C) LAW ENFORCEMENT INTERESTS.—The countries. We ought to remember that amendment be modified in the form at Attorney General determines that the we have a very clear analogy here, and United States law enforcement interests the desk. would not be compromised by the designa- that is, if we were a teacher, we are not The CHAIRMAN pro tempore. The tion of the country.’’. going to change the failure grade 50 to Clerk will report the modification. Amend the title so as to read: ‘‘A bill to 40 just to accommodate a specific stu- The Clerk read as follows: amend the Immigration and Nationality Act dent. We should not lower our stand- Strike ‘‘naturalization’’ on line 2 and to modify and extend the visa waiver pilot ards in immigration policy just to ac- insert ‘‘nationality.’’ program, and to provide for the collection of commodate a specific country. The CHAIRMAN pro tempore. Is data with respect to the number of non- Mr. Chairman, I yield back the bal- there objection to the request of the immigrants who remain in the United States ance of my time. gentleman from Texas? after the expiration of the period of stay au- The CHAIRMAN pro tempore. All There was no objection. thorized by the Attorney General.’’. time for general debate has expired. Mr. SMITH of Texas. Mr. Chairman, Mr. POMBO (during the reading). Mr. Pursuant to the rule, the bill is con- when the Committee on the Judiciary Chairman, I ask unanimous consent sidered read for amendment under the reported out H.R. 2578, the Visa Waiver that the amendment be considered as 5-minute rule. Pilot Program was set to expire on read and printed in the RECORD. The text of H.R. 2578 is as follows: September 30, 1997. The bill proposed to The CHAIRMAN pro tempore. Is H.R. 2578 extend the program for 2 years until there objection to the request of the Be it enacted by the Senate and House of Rep- September 30, 1999; however, Congress gentleman from California? resentatives of the United States of America in acted in the Commerce, Justice, State There was no objection. Congress assembled, appropriations bill for fiscal year 1998 Mr. POMBO. Mr. Chairman, just to SECTION 1. 2-YEAR EXTENSION OF VISA WAIVER to extend the program until April 30, explain this amendment, what it does PILOT PROGRAM. 1998. Thus, in order that the House pass is it takes the refusal rate from 2 per- Section 217(f) of the Immigration and Nat- a full 2-year extension as originally cent to 3 percent. Under that change, uralization Act is amended by striking planned, this amendment would extend there are 2 countries that would cur- ‘‘1997.’’ and inserting ‘‘1999.’’. the program until April 30, 2000. rently qualify to be included in the SEC. 2. DATA ON NONIMMIGRANT OVERSTAY So I urge my colleagues to support Visa Waiver Program, those two coun- RATES. (a) COLLECTION OF DATA.—Not later than this amendment. I understand that tries being Portugal and Greece. the date that is 180 days after the date of the there is no objection. I appreciate the The refusal rate, just to explain to enactment of this Act, the Attorney General support of my colleague, the gentleman my colleagues exactly what that is, is shall implement a program to collect data, from North Carolina (Mr. WATT). that if they go in and apply for a visa, March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1493 if they are refused, that goes into the viously about illegal immigration and amendments will make changes that category in the refusal rate. how somehow Portugal, that if they are long overdue in bringing two ex- To explain that further, I recently are included in this, that that will in- cluded members of the European had a friend of mine whose parents crease illegal immigration. Well, I hate Union, Portugal and Greece, into the wanted to come over to this country in to surprise my colleagues, but we are visa waiver program. order to attend their granddaughter’s talking about a legal program for peo- The amendment is simple. First, the graduation from high school, and they ple to legally come to the United amendment is about fairness to our al- were refused a visa from Portugal to States for tourism or business, to le- lies, two countries that have been come into this country. Even though gally come in. We are not talking there for our country throughout our they own a home over there, even about illegal immigration, see, because history. It is important that we take a though they own a business over there, people that are going to break the law step forward in promoting this rela- even though they have been to this are going to break the law and come in tionship. By doing that, we would bring country in the past and returned, they illegally. a closer relationship to Portugal and were refused. And because those two That is what happens. That is how we Greece between our countries. These people were refused, we now need over end up with illegal immigrants to this are countries that have made extraor- a hundred other people who need to country. What we are talking about dinary steps forward in their efforts to apply and get approved in order to keep here is allowing people to follow the be considered with the rest of the Euro- the rate under. rules and legally come into this coun- pean Union in qualifying for this pro- So that is what the refusal rate is. try and visit their relatives or come gram. What we are talking about is taking it here on legitimate business purposes. Secondly, this amendment, as the from 2 people in 100 to 3 people in 100 And just by a minor change in the cur- gentleman from California (Mr. FARR) that are refused under this arbitrary rent law, we would allow, at this point, said, is about tourism. One would think rate. people from Portugal and Greece to by the way the opponents of this Furthermore, under the current come in. amendment would talk that illegal im- rules, there are only 2 countries within But it is not just an amendment for migration from Portugal and Greece is the European Union that are exempted them; it is an amendment for anyone somehow a drain on our economy. from the program, those being Greece who would qualify under that new Come to Rhode Island. Come to any of and Portugal, because of the way that standard. Today it means Portugal and the parts of this country where we are the numbers are currently done. I Greece. But if anybody else brings seeing lively groups of Greek American would argue that it is arbitrary in the their arbitrary refusal numbers down and Portuguese Americans reside in manner that, sure, we are giving the to below 3 percent, they would then this country who come here for tour- people general guidelines of what they qualify to come in. ism, and you would find a very great have to go by, but they make an arbi- We also had data that has come out economic impetus. trary decision as to whether or not to that says that Portugal has 26,000 peo- Mr. SMITH of Texas. Mr. Chairman, refuse that at that time. ple that have overstayed their visa, will the gentleman yield? The chairman, in previous argu- that Greece has 5,000 people that have Mr. KENNEDY of Rhode Island. I ments, brought up that this may in overstayed their visa, that are illegally yield to the gentleman from Texas. some way increase crime and terrorism in this country. By the quoting from Mr. SMITH of Texas. I would simply and illegal immigration by allowing the chairman, the data that we have is ask the gentleman, I think he is refer- Portuguese citizens to visit this coun- 5 years old. ring to legal immigrants because I as- try and by allowing Greek citizens to sume he is not endorsing illegal immi- b 1545 visit this country. Unfortunately, by gration in America. some of the Dear Colleagues that have How can he bring this out and say Mr. KENNEDY of Rhode Island. No. been sent out, we would read those and that this has any bearing on the cur- Mr. SMITH of Texas. I thank the gen- believe that somehow Portugal is an rent status of the people that are com- tleman for yielding. exporter of terrorism around the world, ing over here from Greece or Portugal Mr. KENNEDY of Rhode Island. I which I find personally very offensive into this country today on legitimate would like to add, Mr. Chairman, that and my family members find person- legal tourism or legitimate legal busi- by the whole tone of this debate, by de- ally very offensive; it is not true. Nor ness activities into this country? By claring Portugal and Greece not eligi- is it true that Portugal is known as a the gentleman’s own quote, the data is ble for the visa waiver program, it country that exports babies around the 5 years old and it is inaccurate. It is sends a very chilling effect between the world in some kind of child smuggling not good data. It really bears no argu- United States and our two closest al- ring, for God’s sake. But according to ment in this. We can prove anything lies that somehow they are not up to some of the Dear Colleagues that have we want with facts. par, that we do not value them, that been passed around here, unfortu- I can bring out my facts that show they do not meet the standard, as the nately, we would believe that that is how many people have come in and gentleman has said himself in his open- the case, and it is absolutely untrue how many people have gone back and ing remarks. I think that is a very de- and unfounded. whether or not this program, in the structive message to be sending to our I think it is very unfortunate that facts, can bring Portugal and Greece very close allies. anybody would have sent that out. But under this program. But I think that Mr. POMBO. Mr. Chairman, will the even if it was the case, even if it was the real point is the fairness of whether gentleman yield? the case, according to the law, the At- or not somebody from Portugal ought Mr. KENNEDY of Rhode Island. I torney General, in consultation with to be able to come into this country yield to the gentleman from California. the Secretary of State, may for any just like every other European country Mr. POMBO. I think it was an impor- reason, including national security, re- can, under a tourist visa or a legiti- tant point that the gentleman from frain from waiving the visa require- mate business activity. Texas brought out. We are talking ment in respect to nationals of any Mr. KENNEDY of Rhode Island. Mr. about legal immigration. country who may otherwise qualify for Chairman, I move to strike the last Mr. KENNEDY of Rhode Island. That the designation at that time. word. is true. So if the Attorney General deter- Mr. Chairman, I rise today in support Mr. POMBO. People who are legally mines that, for some reason, Portugal of the gentleman from California (Mr. coming to this country. or Greece should not qualify, that they POMBO) in his effort to bring some fair- Mr. KENNEDY of Rhode Island. Mr. increase terrorism and child smuggling ness back into the visa waiver program Chairman, I think it is so important around the world, they can withdraw with respect to Portugal. I also rise in that he says that because the fact of the ability of Portugal to be in the pro- support of the gentleman from New the matter is no one should confuse gram. Jersey (Mr. PAPPAS) in his efforts to this debate for illegal immigration. Furthermore, I do not understand, make sure that the visa waiver pro- Yet the way this amendment is being quite, the logic. There was debate pre- gram is extended to Greece. These portrayed, he would have one believe H1494 CONGRESSIONAL RECORD — HOUSE March 25, 1998 that we are trying to invite illegal im- legislative fix that will protect Ameri- Rather than divide our American al- migration. The fact of the matter is ca’s relations with its allies and pro- lies and constituencies, let us work to- these people who are coming to the mote tourism and economic activity gether and resoundingly pass this well United States to visit their families that follows with Greece and Portugal. thought out amendment by the gen- are coming here to this country and This Congress should be encouraging tleman from California. participating in our economy and tourism as a trade industry for us, and Mr. WEYGAND. Mr. Chairman, I growing our economy. Our economy is the existing 2 percent threshold makes move to strike the requisite number of growing as a result of the strong rela- it much more difficult for Greeks and words. tionship that we have between Greece Portuguese to visit our great country. Mr. Chairman, I rise in support of and Portugal. One of the problems this bill fails to this amendment. I think that it has I might add, in addition to that, we take into effect is geography. In Greece been well crafted and it deserves our need to make sure that we go forward the U.S. has two consulates, one in support. I listened very intently, Mr. with this amendment because it is an Athens and one in Thessaloniki. How- Chairman, to the words of the gen- amendment about fairness and making ever, Greece is not a country with easy tleman from Texas with regard to his sure that we have fairness extended to access to all its parts. The country is opposition to this particular amend- two allies that make up a very impor- spread out among many islands, and ment, and the basis, the premise of all tant part of our geopolitical relation- the famous mountains of Greece make this is the premise that the rate of re- ship around the world, Portugal and travel difficult for many. The United fusal from 2 percent to 3 percent is Greece. We should make sure that they States does not make it easy to get to really something we should not be are not unfairly treated and allowed to the consulate for a visa. doing. If my colleagues look at that join this program because of the nature Moreover, I have been in communica- number, if they look at the real defini- of this program, which even the gen- tions with the U.S. State Department tion of rate of refusal, they will know tleman from Texas who is supporting this past summer about my perception that it is very, very subjective. If they the bill and opposing this amendment that we are trying to close down the talk with any of the immigration agen- says is a program that is in need of im- consulate in Thessaloniki. The present cies or authorities, they will find that provement. facility was damaged in an earthquake the rate of refusal as such is based Mr. Chairman, in conclusion, let me many years ago and rumors abound upon a lot of times the personality of say that we need to change this pro- about a diminished role or shutdown the immigration person or the person gram. I applaud the efforts in this bill altogether of this consulate in the looking at the passport, allowing that to change the underlying premise of northern part of Greece. There are person to come in. this program, which means instead of plans to move to another, less notice- I had an experience just recently, my doing it from a refusal rate measure, able part of the community where the office deals with many different prob- we are going to go to an overstay rate consulate may not even fly the U.S. lems of immigration, where we had one measure. It is a much more accurate flag. If closed or hours curtailed, the person, a person who had a visa, a per- measure for what we are trying to do U.S. Government would be doing noth- son went back to their original coun- with this program. In doing so, I think ing to improve the situation. try, wanted to come back into the we will have a much more accurate This matter passed by unanimous United States and for some unknown representation of what the true facts consent in the other legislative body. reason was refused a visa to come back are. Then in addition to that, I think if Although we may generally get frus- in. I called just to find out why. The we pass this amendment by the gen- trated by the actions in the Senate, I reason why? The gentleman just did tleman from California (Mr. POMBO) think the record must reflect that if not have time on the other side, this is and the gentleman from Massachusetts any one of the 100 Senators thought from the American embassy, to pay at- (Mr. FRANK) and the gentleman from this 3 percent threshold was a bad idea, tention to that person and just did not New Jersey (Mr. PAPPAS) and myself, a Senator would have objected. No Sen- want to be bothered with it. The person we will be going a long way in improv- ator did. They did not because moving then went to another person and got ing relations with two very close allies this waiver from 2 to 3 percent only af- admitted. to the United States of America. I fects two countries, Portugal and That is what adds to the statistic think that that is something all of our Greece. that the gentleman from Texas is bas- colleagues in this House can certainly I must also note my disappointment ing his opposition for this amendment stand up and support. Like the gen- at some of the veiled language and inti- on, which is totally wrong. It is fab- tleman from California (Mr. POMBO) mations of the proponents of the status ricated. It is very, very subjective. But said, this is about legal immigration. quo. The Greeks and Portuguese are now let us take a look at the facts. Mr. PAPPAS. Mr. Chairman, I move not terrorists or criminals, and I resent Look at the facts about Greek Ameri- to strike the requisite number of any attempts to suggest that this is cans who are going back to their coun- words. the case. Rather, Greeks and Por- try of origin, to Greece. It is higher Mr. Chairman, I rise in strong sup- tuguese are hardworking, well re- there than Greeks coming to America. port of the amendment offered by the spected and proud members of the Take a look at my State of Rhode Is- gentleman from California (Mr. world community. U.S. policy should land, where we and the State of Massa- POMBO). As my colleagues can see, this treat them so. Greek Americans and chusetts have one of the highest rates issue attracts the attention of a wide Portuguese Americans are the local of immigration from Portugal. These spectrum of political ideologies. This is small businesspeople, families and people are hardworking, dedicated indi- the case because of the importance of neighbors from every district of this viduals who really have made a dif- treating the citizens of our valued al- great country, and yes, even Members ference for our State and our country. lies like Greece and Portugal with the of Congress. They have helped make What we are doing is we are saying to respect this Nation should afford them. America the greatest Nation in the them, because of a subjective judgment I find it wholly ironic that Greece, our world. We ought to acknowledge this by a bureaucrat on the other side, we NATO ally, is trusted with safeguard- by passing this amendment. are going to dismiss the opportunity ing our troops, trains with our mili- Finally, I must note the irony of hav- for family members to come over on a tary, utilizes our high technology ing this vote today, on Greek Independ- short-term visa to visit their family, to equipment and has fought with us on ence Day. Later tonight a prescheduled visit this country and increase tourism every conflict this century, yet at the special order on this important subject to our States and our country. same time our country does not seem was scheduled. America was founded on This is wrong. As the gentleman from to think that citizens of Greece are the idea of democracy from Greece. New Jersey (Mr. PAPPAS) said, it is safe or secure enough to enter this The poet Shelley once wrote, ‘‘Our wrong on the basic principles that we country without a visa like Germany, laws, our literature, our religion, our have founded our country. It is wrong France or every other nation that is in arts have their roots in Greece.’’ Fail- on the basic principles of democracy. the European Union except Portugal. ure to pass this amendment would dis- What we should be doing is providing a This amendment is a common sense honor this statement. reasonable access for our allies, for March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1495 those people who have helped us time States Senate has already swiftly acted for business or travel, without burden- and time again, in all the world wars on this initiative, we are not only talk- some administrative delays. During who have fought for us and helped us. ing about great allies, but we are talk- times of celebration or crisis, families But we are turning our backs on them ing about people who regularly visit should not have to face the uncertainty because of some bureaucratic, subjec- and then regularly and faithfully re- of the visa process. Participation in the tive decision. This is wrong. Pass this turn. The truth is that for many of us visa waiver program is based on annual amendment. Pass it now. who have large Greek constituencies or refusal rates of visa applications. For Mrs. MALONEY of New York. Mr. large Portuguese American constitu- the past 2 years, the refusal rates for Chairman, I move to strike the req- encies, not only is it an opportunity for Greece and Portugal have declined con- uisite number of words. I rise in sup- families to reunite for brief periods of siderably and will meet the proposed 3 port of the Pombo-Kennedy amend- time, but also I think is an opportunity percent level. ment to H.R. 2578. This amendment is to once again extend the argument INS reports also indicate no docu- narrowly drawn. It would raise the visa that America warmly welcomes and re- mented increase in illegal immigration waiver program refusal rate from 2 to 3 ceives the idea and notion of what im- from these countries since 1996, and ad- percent. This would allow citizens of migration has meant in our history. ditional safeguards to prevent abuse Greece and Portugal to travel to the I have stood on this floor in debate in will be enforced if this bill is adopted United States for 90 days without a the past over the issue of immigration, today. visa. and happen to believe, as one whose Mr. Chairman, I urge my colleagues There has been a lot of incorrect in- grandparents were immigrants to this to support the Pombo-Kennedy-Frank- formation that has been circulated Nation, that immigrants and immigra- Pappas amendment which is so impor- about this amendment. This amend- tion serves the purpose of this Nation tant to the Greek and Portuguese fami- ment is not about immigration but very well. Technology allows for more lies, not only in my district but rather about tourism and commerce. It instant communication, and now there throughout the country. This is an im- would allow people from Greece and is the opportunity here to allow Greek portant amendment, it is the right Portugal to travel to the United and Portuguese visitors to America to thing to do, and I urge adoption of this States, whether for business or pleas- come with more regularity. In both in- amendment. ure, without getting a visa, just as stances, I think it is an example not Mr. TIERNEY. Mr. Chairman, I move those countries allow people from our only of cooperation but how in the long to strike the requisite number of country to come to their countries. run this boosts the American economy. words. Tourism from these countries would in- When the gentleman from Rhode Is- Mr. Chairman, I also want to add my crease dramatically and help and bene- land (Mr. KENNEDY) asked me today to voice, together with those of my col- fit the American economy. join this debate I was enthusiastic leagues that have spoken here this In fact, the first year that Argentina about doing it, based upon the con- afternoon and who are in the Hellenic was in the program, tourism from that stituencies that I have had a chance to and Portuguese Caucus, for offering country to the United States grew by represent now for more than 2 decades this necessary amendment. 11.5 percent. I am fortunate to rep- in Springfield. We are still a Nation I firmly believe that the visa waiver resent Astoria, Queens, which is one of that honors the notion of immigration. program is important to allow citizens the largest Hellenic American commu- It is hard work, it is principle, it is of eligible countries to enter the nities in the United States. I know dedication, it is faith and family and United States temporarily without a that they would like for their families friend that these people still celebrate. visa, whether it be for business meet- to be able to come and visit them here They could give all of us a lesson in pa- ings or simply to visit with their fami- in the United States without having to triotism and hard work. lies. get a visa, just as they are able to trav- We should adopt the amendment that Mr. Chairman, every country in the el to Greece without a visa. is offered here today that the gen- European Union participates in this It is very appropriate that this tleman from Rhode Island (Mr. KEN- waiver program; that is, with the ex- amendment is before us today, because NEDY) is proposing, and we should do it ception of Portugal and Greece. It is a this is the 177th anniversary of Greek with enthusiasm and we should do it on bit ironic that while we may applaud independence. Greece is one of our old- behalf of those millions of Americans both countries for their booming est and strongest allies. They have who have come to this shore in the economies and their low unemploy- fought by our side in every war this past, only to improve the circumstance ment, we deny them participation in century. Their ideas of democracy and with which we all live. this program that helps tourism and individual liberties became the founda- I am pleased to add my voice in sup- facilitates travel to the United States. tion of our government. It is time that port of this proposal. For example, Mr. Chairman, last year we extend to them the same courtesy Mr. McGOVERN. Mr. Chairman, I the first year that Argentina was in that they extend to us. I strongly sup- move to strike the requisite number of the visa waiver program, tourism from port this amendment. It is narrowly words. that country to the United States in- drawn. It will help tourism in this Mr. Speaker, I rise in support of this creased by 11.5 percent. I think that we country. amendment to raise the visa refusal can expect the same type of results if rate from 2 percent to 3 percent to we move forward in the way that has b 1600 allow citizens of Portugal and Greece been suggested here. Mr. NEAL of Massachusetts. Mr. to participate in the visa waiver pilot I am a bit perplexed about the argu- Chairman, I move to strike the req- program. Since 1998, travelers from 26 ment of those who would oppose, in- uisite number of words. countries have enjoyed this program’s cluding Greece and Portugal, this visa Mr. Chairman, I think that the argu- privileges. These visitors have been al- waiver program. We do not believe that ments being applied on the House floor lowed to travel to the United States for citizens of those countries are a threat as I stand in support of the gentleman 90 days without a visa. Portugal and to our public safety, certainly; we do from Rhode Island (Mr. PATRICK KEN- Greece are the only countries in the not believe that they would increase il- NEDY) and his amendment today is es- European Union whose citizens must legal immigration; and we do not think sentially this: The question of how im- have visas in order to travel to the there is any evidence of either of those migration has served this Nation dur- United States. This requirement, Mr. events occurring. ing the last many years, and what I am Chairman, is outdated and requires We can all agree that the number of struck by in terms of this debate is modification. people that have overstayed their visas that while we are asking for a narrow In my district, from Worcester to otherwise might be a serious problem, solution, I think it draws us to the Fall River, we have strong Portuguese and the Immigration and Naturaliza- broader argument of what immigration American and Greek American commu- tion Service has the authority to iden- does for America. nities. Members of these communities tify people who have done so, but refus- In the instances of Portugal and should be able to welcome visitors ing both Greece and Portugal entrance Greece where, by the way, the United from their countries of origin, whether into the visa waiver program, based on H1496 CONGRESSIONAL RECORD — HOUSE March 25, 1998 inaccurate and out-of-date informa- bureaucratic officials know about it, ple a little convenience and a little tion, strikes me as discriminatory, un- why do they not make them go home? ease? Is this great country threatened fair, and simply bad public policy. We are not protecting people who are in some way with instability, with Mr. Chairman, I represent a large here illegally. Nothing in this amend- chaos, with economic ruin because we number of people of Greek and Por- ment diminishes one iota of the au- would go from 2 percent to 3 percent, tuguese origin from Lynn to Peabody, thority of the State Department and allowing two fairly small countries in Massachusetts, to Newburyport and the Justice Department and anybody population to have a more easy inter- Ipswich and Haverhill; and all the way else they want to borrow to send the change? through our district, people are proud overstays home. As the gentleman from California of their heritage, and many feel slight- The question is this: I represent an pointed out, people are trying to smug- ed by this country’s exclusion of them area in southeastern Massachusetts gle themselves in here. They do not from the visa waiver program merely 2,000 miles from the Azores. A large need to get visas. This is not affected because the number of people in those number of American citizens came by that. And I understand the State countries who are refused a visa may from the Azores. They have friends and Department does not want it, the Jus- be slightly more than the current rigid relatives in the Azores, as close to tice Department does not want it. No, 2 percent refusal rate. These people them as Denver is. They go back and bureaucrats do not want a lot of things have worked hard, and the countries forth to visit. People come for wed- that we do want. That is why we have have worked hard to bring those rates dings, for funerals, for family events. the lawmaking power, and not them. down and to decrease the overstay There are charter flights that go back That is why we make the decision rates. and forth. If one lives in one of the is- about what is decent and what is com- Mr. Chairman, I think that we should lands in the Azores, and the islands are passionate. So on the one hand, we have the citi- not continue to deny these allies and spread out, which does not have a full- zens of this country who want a little these people the opportunity to have time consular official, and there is an ease and a little flexibility in seeing members of their family, people with emergency that comes up, someone their relatives. business interests coming in for the dies, sadly, or there is some other need The CHAIRMAN pro tempore (Mr. for you to come right away, maybe requisite period of time. SNOWBARGER). The time of the gen- I strongly support the Pombo-Ken- someone is ill and they are going to tleman from Massachusetts (Mr. nedy-Frank amendment that would come sit with the children for awhile, FRANK) has expired. raise the refusal rate to 3 percent. It these are the kinds of interactions we (By unanimous consent, Mr. FRANK of will allow Portugal and Greece to par- are talking about. They have got to go Massachusetts was allowed to proceed ticipate in the program, will hopefully and get a visa. Why do they have to go for 30 additional seconds.) encourage other countries to improve and get a visa, which they would not if Mr. FRANK of Massachusetts. Mr. their overstay and refusal rates, and they lived in any of the other European Chairman, and on the other hand you the amendment simply affords these countries? Because some other people have an insistence on attachment to countries the fair treatment to which may have been trying to do something unyielding, undeviating fealty to the they are entitled and the rewards that which a consular official did not like, notion of bureaucratic perfection. That their hard work and improving their so you are punished. is hardly worth inflicting this degree of overall economies and lowering their We are talking about increasing the inconvenience on so many decent overstay rates have brought. It is time rate from 2 percent to 3 percent. It is Americans and their relatives. we recognize this hard work, Mr. Chair- simply not credible that 2 percent as I hope the amendment is adopted. man, and I ask us and urge our col- opposed to 3 percent is some important Mr. POMBO. Mr. Chairman, I ask leagues to support the amendment. qualitative difference. The gentleman unanimous consent to address the Mr. FRANK of Massachusetts. Mr. from Texas apparently feels that 2 per- Committee for 2 minutes. Chairman, I move to strike the req- cent, that is absolutely the most, al- The CHAIRMAN pro tempore. Is uisite number of words. though I must say I guess neither the there objection to the request of the Mr. Chairman, I guess the House is gentleman from Texas nor I were here gentleman from California? about to vote on the theory of the in- when we first enacted this, and I would There was no objection. fallibility of the bureaucracy. The hate to be one of the residents of those Mr. POMBO. Mr. Chairman, I would chairman of the subcommittee believes countries who would have had to de- just like to close the debate by bring- that when visa applications come, they pend on him to enact the whole pro- ing us home to what the issue is that we are debating. We are debating going are decided with a degree of precision gram in the first place. But the point is from 2 people in 100 being refused a visa and exactitude rarely equaled in Amer- that it is there, and we are now saying to come to the United States as a tour- ican government. They are apparently at 2 percent, they come in at 3 percent, ist or on legitimate business purposes, perfect within a very small margin of they cannot. What that means is if 97.8 and to go from 2 people out of 100 to 3 error. Indeed, none of us has yet found percent of the people who apply are ap- people out of 100 being refused and a pollster in our own elections who plying legitimately, and no errors are being refused on, I would argue, an ar- could come closer to exactitude than made, then they still have to go bitrary basis as to whether or not they the gentleman from Texas thinks can through the visa waiver situation. meet an arbitrary standard that is set be found in the consular offices. Remember the visa waiver program up by the person sitting across a desk Now I think highly of the Consular does not mean they sneak in here un- Corps, I just do not get them quite as from them. known. We have records of who is here. Now I have not come at this with high as the gentleman from Texas, who We have every right we have under the somewhat of a unique perspective from appears to have gotten them celestial bill to deal with overstays. The gen- most of my colleagues, and I will fully in their perfection and absence of tleman from Texas has in his legisla- admit I am the only Portuguese Mem- error. People make mistakes. What we tion language saying let us get the ber of the House of Representatives, of have is a situation where residents of data on overstays. Our amendment Portuguese descent. My grandparents countries strongly allied to our own, does not change it. immigrated here from Portugal, and I What our amendment says is this: countries that share our democratic am very proud of that. But I can tell commitment, countries which have liv- There are a large number of American my colleagues that there is a difference ing amongst us relatives and friends, citizens of Greek and Portuguese an- between whether or not my relatives innocent citizens, clearly innocent citi- cestry who have friends and relatives can come over on a tourist visa or not, zens of those countries, are to be penal- with whom they would like to be able and that does mean something to me ized because of errors that second par- to visit, exchange visits, et cetera. and my family, and I think that this is ties make about third parties. Why, why would the House want so a very important amendment. Now I understand the gentleman strongly to make it hard on them? from Texas talked about overstays. Let What kind of determined attachment b 1615 us be very clear. If there are people to bureaucratic norms insists on deny- I think that it is fair. All I am asking who are overstaying, and the invincible ing these overwhelmingly decent peo- my colleagues to do is to allow people March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1497 to come in for legitimate reasons. We seemed to imply that if someone was in ably, if Portugal becomes a visa waiver are not talking about illegal immigra- the country illegally, they would be de- country, there will be more illegal tion. We are not even talking about ported by the INS. In point of fact, aliens from that country than any legal immigration. We are talking only one out of 100 illegal aliens in the other visa waiver country. about people coming into this country United States is ever deported by the In the case of Greece, again I repeat as tourists. We are talking about peo- INS. the point I made a while ago, that the ple coming into this country for legiti- The other problem mentioned was record for Greece is worsening. The mate business reasons. That is what we the difficulty of obtaining passports or number of individuals who were denied are talking about. visas in Portugal. Portugal is one of their visas in fiscal year 1997 is greater How this could possibly explode the the few countries that has same-day than the number denied in fiscal year illegal immigration into this country? service for walk-in applicants. It is one 1996. Their record is going exactly the How this could possibly explode terror- of the few countries that guarantees a wrong direction. Why we want to re- ism into our country is beyond me, and return by mail within 3 days of those ward that country when their record is I fail to follow anyone’s logic who tries applications for visas. worsening, I do not know. But in any to make that argument. Another misstatement that was erro- case, we should not weaken our stand- What I ask my colleagues to do is to neously made was the fact that the ards. support a very simple amendment Senate already has adopted this. In Now, in the case of Portugal, and which would say that we are taking the point of fact, the Senate bill says that again it is a great, great country, but refusal rate from two people in 100 to no new country can become a member unfortunately, with their passport the three people in 100. That would result of the Visa Waiver Program until we way it is today, it does lend itself, as in Greece and Portugal being included have a determination of visa overstay the State Department and Justice De- in the Visa Waiver Program. I ask my rates. We know that that time is at partment have told us and we have colleagues’ support. least 2 years away, and that that is seen demonstrated from cables, it does Mr. SMITH of Texas. Mr. Chairman, I why it is in conformity with the 2-year lend itself to having its passports coun- move to strike the requisite number of extension that we have in the bill at terfeited; and it does lend itself to words. hand. child smuggling simply because they Mr. Chairman, let me tell my col- Mr. FRANK of Massachusetts. Mr. do not have photographs of children. leagues a story. On the upper east side Chairman, will the gentleman yield? All that is required is the name and of New York City, there is a textile Mr. SMITH of Texas. I am happy to age. It is very, very easy for individ- shop. Its windows are nailed shut, and yield just very briefly because I have uals to smuggle over the children from they are opaque with grime. Pedro, more I would like to say. Portugal. who is 10, and his sister, Amora, who is Mr. FRANK of Massachusetts. Mr. So, again, Mr. Chairman, the debate 8, labor in a single, dingy room 6 days Chairman, I would like to have the is not about whether people of Por- a week. gentleman join me in acknowledging tugal or Greece are great people. That This is part of a child-smuggling ring that the gripping story he began with is undeniable. It is undeniable that that entices children from Portugal to was, of course, an invention, has not these are great countries. But it is also come to America. The children are happened, and was in fact mythic. Now, undeniable that we are going to in- promised an education, the parents are the gentleman is entitled to employ crease our illegal immigration problem promised money, and neither promise myth, but the story about what hap- in America if we lower the standards and admit countries so that they no is kept. pened because Portugal is not in the longer have to obtain visas if they are Six months before, a smuggler had Visa Waiver Program, since it is not in flown to Lisbon to pick up Pedro and coming to America. the program—— It is also undeniable that if we lower Amora. They were two of two dozen Mr. SMITH of Texas. I am reclaiming these standards, we are going to in- children that he had brought to the my time, Mr. Chairman, because my crease the temptation for individuals United States. This was possible be- story had a point. to smuggle children into the country cause Portugal had become a visa waiv- Yes, it was apocryphal, but yes, the as well. It is also undeniable that if we er country and only a passport was now point was that it could occur if Por- pass this amendment, we are going to required to enter the United States. tugal was a visa waiver country. And I be admitting one country that will While many countries require pass- am not going to yield because I need to contribute to our illegal immigration ports to have the photos of children, finish some comments I would like to problem and another country that has Portugal does not. Because of this and make. a record going in the exact wrong di- the ease with which Portuguese pass- Mr. Chairman, the problem with Por- rection when it comes to lowering visa ports can be counterfeited, Pedro and tugal and Greece is not the fact that fraud rather than increasing it. Amora and the others were easily they are not great countries. The prob- Mr. Chairman, I would simply urge smuggled into the U.S. That is one rea- lem, as recognized by the State Depart- my colleagues to oppose this amend- son why the State Department and the ment and the Department of Justice ment, support the underlying bill, and Department of Justice and the White and the White House, is that we should join the administration and many of us House and many of us do not want this not lower our standards just to accom- who are concerned about illegal immi- amendment to pass. We do not want modate these specific countries. They gration. smugglers to condemn Pedro and can improve their records themselves. Mr. WATT of North Carolina. Mr. Amora to those sweatshops. Then they can be admitted to the Visa Chairman, I move to strike the req- Mr. Chairman, I want to correct Waiver Program. uisite number of words. some misimpressions that may have In the case of Portugal, we have a Mr. Chairman, I yield to the gen- been given in the short time that I country that already has 26,000 people tleman from Massachusetts (Mr. have left. First of all, this debate is not in this country illegally, and that is FRANK). about immigration. There are many as- with the visa screening process because Mr. FRANK of Massachusetts. Mr. pects of immigration that are good for they are not part of the Visa Waiver Chairman, I appreciate the gentleman America. It is not about the countries Program. If they become part of the from Texas acknowledging that he was of Greece and Portugal. They are won- Visa Waiver Program, how many more being, as he said, apocryphal, a very derful countries, and someday, if they times that 26,000 illegal folks are we nice word for ‘‘made up.’’ His incident meet the criteria and meet the stand- going to have in this country from Por- that he began with is totally made up. ards without lowering the standards, I tugal? It is a little bit apocryphal, too, hope they become visa countries. The point is, we do not know, but it when he talks about the passport, be- It is not about individuals who are il- could be in the hundreds, and that is cause under this bill, to become eligi- legal aliens who are in this country why, clearly, if we have a Visa Waiver ble for visa waiver, you would have to today. The gentleman from Massachu- Program in Portugal, we are going to change the passport to make it ma- setts actually has a greater faith than contribute significantly, in fact, to the chine readable. So the current Por- I do in the bureaucracy, because he illegal population in America. Undeni- tuguese passport would not be the H1498 CONGRESSIONAL RECORD — HOUSE March 25, 1998 same. It would have to become ma- these people need to have the visa over- two out of 100 to three out of 100, be- chine readable. stay enforced, that should be enforced. cause I know that there are some coun- The fact is that if there is an over- But the fact of the matter is, that does tries that are being denied 50 out of 100 stay problem, that should be dealt with not negate the primary reason for this on no rational basis whatsoever, in by enforcement. And this notion that amendment. some cases, 75 out of 100 on no rational somehow there are these thousands of And the primary reason for this basis whatsoever. Portuguese children waiting to be amendment is to let two allies, Greece We ought to support this amend- smuggled, in fact, exists only in the and Portugal, who have large numbers ment, pass this bill. Let us get the visa apocryphal imagination of the gen- of family members here in the United overstay information we need to imple- tleman from Texas. States of America, be able to come ment a rational Visa Pilot Program, I thank the gentleman for yielding. over on a visitor’s visa or a business and we will all be a lot happier. People Mr. SMITH of Texas. Mr. Chairman, visa for a temporary period of time, for throughout the world will be a lot will the gentleman from North Caro- 90 days or less, and not have to go happier because we will have a rational lina yield? through a bureaucratic process. basis for having a program. Mr. WATT of North Carolina. I yield It means that we have got to let our Mr. KENNEDY of Massachusetts. Mr. to the gentleman from Texas. families rejoin for family occasions and Chairman, I move to strike the req- Mr. SMITH of Texas. Mr. Chairman, I business people to come over for tour- uisite number of words. will be very brief. I just wanted to cor- ist reasons. And let us not confuse the Mr. Chairman, I rise in strong sup- rect the gentleman from Massachu- gentleman’s being hung up on bureau- port of this amendment. setts. The amendment actually says cratic procedure as a reason to preempt b 1630 that the countries only have to be in us from passing this important piece of First of all, I want to speak in strong the process of developing a machine legislation. support of both the gentleman from readable passport, not that they actu- Mr. WATT of North Carolina. Mr. California (Mr. POMBO) and the gen- ally have to have one so we still have Chairman, let me just put this in per- tleman from Rhode Island (Mr. KEN- the problem with counterfeiting pass- spective here. NEDY), who I always like to speak in ports, and we still have the problem I am in favor of this amendment. The favor of, and I speak in favor of this with child smuggling as well. reason I am in favor of it is that the particular amendment. Mr. KENNEDY of Rhode Island. Mr. whole notion of a visa refusal rate, if I think it is important for us to rec- Chairman, will the gentleman yield? you understand that, means almost ognize that the gentleman from Texas Mr. WATT of North Carolina. I yield nothing, because if 100 people show up (Mr. SMITH), who has offered this bill, to the gentleman from Rhode Island. in an INS office and/or in a consular of- is trying to deal with a fundamental Mr. KENNEDY of Rhode Island. Mr. fice, and two out of that 100 are refused problem we have with immigration, Chairman, let us just make it clear a visa, then you have a 2 percent re- and that is that the vast majority of il- here, the idea is, the Attorney General fusal rate. If three out of 100 are denied legal immigration has come into the still has discretion to reject these a visa, then you have a 3 percent re- country because of visa overstays; and countries based upon any concerns that fusal rate. that is why I did not vote for a lot of she may have with respect to these If the consular officer in that office is the legislation that came out as so- issues that, I might say, are ancillary. sitting there, and they have a criterion called ‘‘immigration reform’’ last year, You are talking process now with the that says, I do not like people who look because it did not deal with the fun- machine. What we are talking is sub- poor, or I do not like people who look damental issue. stance. We are talking about letting black, or I do not like people who look I think that the gentleman from families come over here when their a particular way, then the refusal rate Texas (Mr. SMITH) ought to be con- family members have a family event. If may be 98 percent. It could be 100 per- gratulated for the efforts that he is it is a happy event, they come over for cent. making to try and deal with this im- that. The point I am making is that that is portant issue. Mr. SMITH of Texas. Mr. Chairman, an irrational basis, a subjective basis, I just think that the particular over- will the gentleman from North Caro- for setting up our whole Visa Waiver sight in this bill needs to be straight- lina yield? Program in the first place. So whether ened out. If, in fact, we are dealing Mr. WATT of North Carolina. I yield it is 2 percent or 3 percent, I cannot get with visa overstays, I think we have to to the gentleman from Texas. all bent out of shape about it. reform the process, but if we do not Mr. SMITH of Texas. I was not talk- This amendment would move it from deal with visa overstays and we just ing process. I was talking real people, 2 percent to 3 percent. deal with some bureaucrat that is sit- real children who might be smuggled, The CHAIRMAN. The time of the ting in some embassy somewhere real illegal aliens. gentleman from North Carolina (Mr. around the world who is saying, this Mr. FRANK of Massachusetts. No, WATT) has expired. particular individual does not qualify, the gentleman from Texas was talking (By unanimous consent, Mr. WATT of and we add up all of those cir- apocryphal real people. North Carolina was allowed to proceed cumstances and one gets a 2 percent Mr. SMITH of Texas. No. We were for 2 additional minutes.) denial rate and one gets a 3 percent de- talking about individuals where there Mr. WATT of North Carolina. Mr. nial rate and, therefore, we are going is a real threat. Chairman, what everybody ought to to eliminate the ability of these coun- Mr. FRANK of Massachusetts. The focus on is that in this bill is the mech- tries to go back and forth to see their gentleman from Texas was talking anism to move us from this visa refusal families. I will tell my colleagues, about apocryphal real people. rate process, which is irrational, to a every single Member of Congress has Mr. SMITH of Texas. If you want to, visa overstay process, which is a ra- had to get on the phone at one time, the State Department has received a tional basis for determining whether a and in my case, many, many times, number of these cables that go into the country ought to participate in the with some bureaucrat sitting in some problem in great detail. Visa Waiver Program. embassy somewhere around the world Mr. KENNEDY of Rhode Island. Mr. Because once these people get into because some family has a very legiti- Chairman, will the gentleman yield? the country, if they do not go home, mate right to come to America and is Let us get clear here. then I get real bent out of shape about being denied because some bureaucrat Mr. WATT of North Carolina. I yield that. When the time comes, they ought does not think they have every ‘‘T’’ to the gentleman from Rhode Island. to be required to go home. And the visa crossed and ‘‘I’’ dotted. Mr. KENNEDY of Rhode Island. Mr. overstay information would allow us to We are not talking about vast num- Chairman, let me just say here very measure that and get to a rational bers of illegal immigrants coming into quickly, if there is a problem, as the basis. Right now, we have no rational America using this process. We are gentleman said, then that is a problem basis. talking about a 1 percent difference; that needs to have law enforcement. If So I do not have any problem whatso- and that 1 percent difference is an op- there is a problem with the fact that ever from moving the threshold from portunity for families to be reunited, it March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1499 is an opportunity to increase trade. We I am a member of the Portuguese relatives, or to attend even funerals should deal with the fact that we in caucus, so I rise to support this amend- and to attend to people who are sick America make money off of immigra- ment on 2 scores: Because it is impor- within their families. It is just ex- tion. This is a money-maker for the tant, it is fair, it is just; because I feel tremely unfair. United States of America. It is a that these 2 groups are entitled to this Mr. Chairman, we were hoping for money-maker for the taxpayers, it is a support. some way in which we could dem- money-maker for the Federal Govern- Mr. Chairman, the issue that brings onstrate that the denials of visas in ment. me to the floor to discuss this whole Korea were becoming very, very low, If the problem is the underlying issue matter of visa waiver, however, is the and that they would qualify under this of people that come here and stay ille- very, very huge problem that I have 3 percent factor. But as we all know in gally, then let us deal with that. We with the Asian constituency that I this House, there has been a complete deal with that issue by dealing with must deal with almost daily. And there rupture of the economy of many of the overstays. And we ought to be tough on the issue of denials of visa, visa appli- Asian countries, and they are suffering overstays, and if we have a bill and leg- cations to come to America for what- very, very gravely because of these dif- islation that comes in here and gets ever reason, are mind-boggling. ficulties. As a result, more and more tough with people that are breaking Almost every day I am writing let- people are being denied visa opportuni- the law, I will support it. But let us not ters to the embassies asking them for ties and opportunities to come for busi- do it arbitrarily, because for some rea- compassion, for consideration, for al- ness or pleasure or whatever, and as a son we do not want to get into opening lowing people to come to Hawaii to result, we would probably not be able up the bill; and then we are going to visit a terminally ill parent; and they to prevail under the 3 percent current hurt people from only 2 countries, from are virtually denied without really level. Portugal and Greece. very much consideration, for economic So, Mr. Chairman, I appreciate very Two of our Nation’s proudest immi- reasons primarily, not enough earn- much the efforts of the gentleman from grant populations come from both Por- ings, no ownership of property, they do Rhode Island (Mr. KENNEDY) and the tugal and Greece. They have done so not own businesses. gentleman from California (Mr. much to not only settle the United But even in some cases where they POMBO), and I rise in strong support of States of America, but make phenome- own businesses and have very large this amendment, and I hope that the nal contributions to our culture. We personal wealth, they are still not per- people who are guiding this debate will walk this very Capitol Building and see mitted to come in. So the denial rate accept this amendment as just and fair how many Greek and Portuguese immi- that occurs in many of these countries and look to further changes in the law grants are up on our walls. is a real problem as a prejudice in in the next session. This democracy is founded upon the opening up opportunities for them to Mr. BILIRAKIS. Mr. Chairman, I Greek democracy, and for us to be travel. move to strike the requisite number of breaking that tie and saying we are My State enjoys a very large multi- words. going from 3 percent to 2 percent, so cultural society, and so we have people (Mr. BILIRAKIS asked and was given therefore, we are going to make every from all over the world who live in Ha- permission to revise and extend his re- Greek immigrant go through some waii. It just is simply unfair that in marks.) massive bureaucracy is a ridiculous the Asian area so few of these individ- Mr. Chairman, I rise in support of the point of bureaucratic nonsense that I uals even with very solid and strong Pombo/Kennedy/Frank/Pappas amendment to cannot believe that the gentleman economic backgrounds are not able to H.R. 2578, the Visa Waiver Pilot Program Act. from Texas, who is as clear-thinking come to visit. This amendment simply allows Greece and and as forward-thinking as he is, would As the gentleman from Massachu- PortugalÐand only Greece and PortugalÐto possibly oppose this amendment. Be- setts (Mr. KENNEDY) indicated, the visi- participate in the Visa Waiver Pilot Program. cause I know that he fundamentally tor industry is an important industry. Let me make it clear that I have the highest has already said, as I heard him in my I call upon the people who belong to respect for my colleague and friend from office, he said that in fact he agrees the tourist caucus to understand the Texas, Chairman LAMAR SMITH. As a fellow that this bill should be stipulated to importance of allowing people into the subcommittee chairman, I know the rigors and deal with the overstay issue, and he country to visit. Why is it that we are demands of directing a panel, which contains recognizes that the gentleman from an array of divergent views. It was his strong so afraid of the people coming in to Rhode Island (Mr. KENNEDY) and the and determined leadership that allowed the visit, to spend their dollars, to enjoy gentleman from California (Mr. House to pass historic and much needed re- themselves? Well, there is practically a POMBO), their amendment only deals form of our nation's immigration laws in the band, a barrier to the entrance of these with this issue because it has to do 104th Congress. individuals from Asia at the current with the visa denial rate. We have an honest difference of opinion There is a huge difference between a time, and it is a real difficult problem. about whether Greece and Portugal should be Mr. Chairman, what I am confronted visa denial rate and a visa overstay. allowed to participate in the Visa Waiver Pilot Let us deal with the issue. with, with a great deal of pain and anx- Program. Rather than rehashing the same ar- I would just hope that the gentleman iety, is that the denials go to very, guments and issues that have already been from Texas (Mr. SMITH) might consider very compassionate situations, like debated, I want to focus on Greek citizens and amending his opposition to this amend- somebody terminally ill. I have a doc- why they want to participate in this program. ment and accept it and be done with it tor’s certificate, I present that, and it My staff in Clearwater, Florida, informed me before we get to bringing everybody is still not any good. When the person that they have been approached by individuals over here for a vote. I think that this has already died and they are awaiting who have faced difficulty entering the United is good legislation; I think it will help funeral services, the family is still not States when a loved one has passed away. the bill, and I would be happy to see even allowed to come in to attend the Currently, Greek citizens have to go to one of him see the light. funeral, and it is a very, very sad time. two U.S. consulates in Greece to initiate the Mrs. MINK of Hawaii. Mr. Chairman, This is what we are talking about when application process to obtain a travel visa. I move to strike the requisite number we talk about visa denials. The simple logistics of travel are, in many of words. So while we would have wanted to cases, prohibitive to Greek citizens seeking Mr. Chairman, I rise in support of the come to the floor, my colleague, the temporary entry into the United States. The Pombo-Kennedy amendment, although gentleman from Hawaii (Mr. ABER- entire process can often take two weeks or as the gentleman from Massachusetts CROMBIE) and myself, to urge the exten- more and requires considerable cost and ef- (Mr. KENNEDY) who just spoke so elo- sion of the Kennedy-Pombo amend- fort. quently highlighted the real problem, ment to include Korea, very strong al- I am dismayed that, in some arguments and the problem is that we are dealing lies, very supportive; we have commit- against this amendment, it has been insinu- with trying to just simply solve a prob- ted ourselves to the defense of the peo- ated that terrorism and domestic crime will in- lem with the existing formula by rais- ple of South Korea, yet they have great crease in the United States if Greece and Por- ing the 2 percent to 3 percent to take difficulty in entering the United States tugal are permitted to participate in this pro- care of the Portuguese and the Greeks. for business, for pleasure, to visit their gram. It is important to note that Greece and H1500 CONGRESSIONAL RECORD — HOUSE March 25, 1998 Portugal are the only member nations of the with a visa refusal rate of 3% or lessÐa level that are still ineligible for visa waivers. Allow European Union to be excluded from the pro- which I believe is more than justified. me to point out that the refusal rate of 2% gram and whose citizens must obtain a visa to In 1986, the Visa Waiver Pilot Program was means that Japan is the only East Asian coun- enter the United States. Ironically, Americans authorized essentially on a ``trial run'' basis, try now able to participate in the program. do not need a visa to enter Greece. under the very stringent control of a 2% visa South Korea, whose visa refusal rates have Some of my colleagues believe that allowing refusal rateÐaveraged over two yearsÐwith been 3.75% and 2.87% in the last two fiscal Greece to participate in this program would no one year having a rate over 2.5%. years, will not be brought under the program, lead to increased illegal immigration, because The visa waiver saves our embassies and even if this amendment to raise the bar to 3% individuals would overstay their visas. In fact, consulates enormous amounts of time and ap- is adopted. the number of immigrants from Greece and propriated funds. In 26 countries, our consular Despite that, Mr. Chairman, I feel this Portugal who settle in the United States each staffs are freed from processing visas in stable amendment is a step in the right direction, and year is not significantly higher than the num- areas where there are virtually no visa refus- I urge its passage. ber of Americans who establish residence in als anyway. The visa waiver has made money The CHAIRMAN pro tempore (Mr. these countries. for the United States by greatly boosting tour- SNOWBARGER). The question is on the I want to make one final point. It is my un- ism and sparing visitors the inconvenience of amendment offered by the gentleman derstanding that Chairman SMITH opposes this traveling to a consulate and going through the from California (Mr. POMBO). amendment because he believes the two per- red tape of applying for a visa that would likely The question was taken; and the cent refusal rate is a fair and equitable level. be approved anyway. Chairman pro tempore announced that In my judgment, we are quibbling about Congress has recognized the success and the ayes appeared to have it. numbers, and very small numbers at that. The benefits of this program and has repeatedly other body passed legislation which raises the reauthorized the visa waiver program over the RECORDED VOTE refusal rate threshold to three percent. It years. Yet I feel that Congress is just waking Mr. SMITH of Texas. Mr. Chairman, I unanimously approved an amendment to allow up to the fact that the program is overly strict demand a recorded vote. Greece and Portugal to participate in the Visa in its means of measuring who can participate A recorded vote was ordered. Waiver Pilot Program. We should do the and who cannot. The vote was taken by electronic de- same. The visa refusal rate is a poor indicator of vice, and there were—ayes 360, noes 46, Tonight, I am conducting a special order in a country's ability to participate responsibly in not voting 25, as follows: this chamber to commemorate the 177th Anni- the U.S. visa waiver arrangement. Consular [Roll No. 70] versary of Greek Independence Day. Today officers have far-reaching powers to deny AYES—360 marks the day when Greece began restoring visas. Indeed, a federal employment case re- Abercrombie Cubin Gutierrez its democratic heritage after nearly four cen- cently brought to light that the consular offi- Ackerman Cummings Gutknecht turies of foreign oppression. I can tell you per- cers in Sao Paulo, Brazil were expected to Allen Cunningham Hall (OH) Andrews Danner Hamilton sonally, as the son of Greek immigrants, that rely heavily on an applicant's race, appear- Archer Davis (FL) Hansen the Greeks share a love of the United States ance or manner in denying visas, which ob- Armey Davis (IL) Hastert which may be unparalleled abroad. Greece scured whether the applicants actually and a Bachus Davis (VA) Hastings (FL) and the United States share a common bond: motivation to return home on time. Baldacci DeFazio Hayworth Barcia DeGette Hefley an intense desire for freedom and democracy. To be fair to the State Department, I con- Barrett (NE) Delahunt Hefner It was, in fact, the ancient Greeks who forged cede that consular officers cannot read minds Barrett (WI) DeLauro Herger the ideas upon which our nation was founded. or predict the future. They cannot know in ad- Bartlett DeLay Hill Greece has been our staunch ally for many vance whether or not a visa applicant will vio- Bass Deutsch Hilleary Bateman Diaz-Balart Hilliard years. We should reciprocate that treatment late our immigration laws. But this uncertainty Becerra Dickey Hinchey and approve the Pombo/Kennedy/Frank/ leads them to err too much on the side of cau- Bentsen Dicks Hinojosa Pappas amendment to H.R. 2578. tion and deny visas that may be a bit border- Bereuter Dingell Hobson Mr. KLINK. Mr. Chairman, I rise today in line. Berman Dixon Hoekstra Bilbray Doggett Holden strong support of the amendment offered by A far more accurate indicator for whether a Bilirakis Dooley Hooley Mr. POMBO. This amendment would increase country should be eligible for visa waiver pro- Bishop Doolittle Horn the visa refusal rate from 2% to 3% which gram is whether foreign visitors do in fact, Blagojevich Doyle Hostettler would allow Greece and Portugal to participate overstay or violate our immigration laws. Bliley Dreier Hoyer Blumenauer Duncan Hulshof in the tourist visa waiver program. As of now, For this reason, I applaud the provision in Boehlert Dunn Hunter these two countries are the only two members the main bill requiring the INS to collect data Boehner Edwards Inglis of the European Union not included in the pro- on persons who overstay their 90-day visa Bonilla Ehlers Jackson (IL) waiver period. This should be the benchmark, Bonior Ehrlich Jenkins gram. However, U.S. citizens visiting Greece, Borski Engel John do not need a visa. not a mere hunch on the part of a consular of- Boswell English Johnson (CT) This is inappropriate treatment for a country ficer. Boucher Ensign Johnson (WI) like Greece which is one of the United States' Mr. Chairman, I support raising the disquali- Boyd Eshoo Jones Brown (CA) Etheridge Kanjorski best allies. Greece is one of only three coun- fication rate to 3% at this time. This will bring Brown (OH) Evans Kaptur tries outside the British Empire which has in Greece and Portugal now, andÐI hopeÐ Burr Everett Kasich fought with the U.S. in every war this century. South Korea before long. Burton Ewing Kelly In fact, one out of nine Greeks gave their lives My state of Hawaii has seen many affluent Buyer Farr Kennedy (MA) Callahan Fattah Kennedy (RI) as American allies fighting the Axis powers Korean touristsÐand tour groups as wellÐ Calvert Fazio Kennelly and during the communist civil war which fol- who are quite interested in visiting HawaiiÐ Camp Filner Kildee lowed. Our nations' close relationship contin- and the West Coast as wellÐbut who are dis- Capps Foley Kilpatrick couraged by the visa process. Australia, and Carson Forbes Kind (WI) ues today. Castle Fossella King (NY) Greece is and always has been a close other countries get these precious travel dol- Chabot Fowler Kingston friend and ally of the U.S. Bringing Greece lars, because the South Koreans can enter Chambliss Fox Klink into the visa waiver program would strengthen there without a visa. Chenoweth Frank (MA) Klug South Korea's tourism market is estimated Christensen Franks (NJ) Knollenberg our ties. It would also be an appropriate ges- Clay Frelinghuysen Kolbe ture of good will for today, Greek Independ- at about billion dollars a year. The average Clayton Frost Kucinich ence Day, to a country that gave this country visitor spends more than $2,000 in the U.S., Clement Furse LaFalce not including airfare. The strong demand for Clyburn Ganske LaHood the precious gift of democracy. Coble Gejdenson Lampson The Senate voted to end this program for U.S. visas has not escaped the notice of air- Coburn Gekas Lantos Greece by increasing the refusal rate from 2% lines and the rest of the travel and tourism in- Condit Gephardt Largent to 3% for the Visa Waiver Pilot Program. Now dustry. Like the European countries that do Cook Gibbons Latham participate, the U.S. and South Korea have Cooksey Gillmor LaTourette we in the House should do the same. Costello Gilman Lazio Mrs. MINK of Hawaii. Mr. Chairman, I rise in close historical ties, a military alliance, and a Cox Goode Leach support of the Pombo amendment to H.R. very strong trade relationship. In fact, South Coyne Gordon Levin 2578, the Visa Waiver Reauthorization Act. Korea is our sixth largest trading partner. Cramer Goss Lewis (CA) This amendment would admit a slightly Much has been said about Greece and Por- Crane Graham Lewis (GA) Crapo Greenwood Linder wider circle of countries to the programÐthose tugal being the only European Union countries March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1501 Lipinski Packard Sisisky So the amendment was agreed to. of New Mexico and, in particular, as I Livingston Pallone Skaggs The result of the vote was announced LoBiondo Pappas Skeen said a minute ago, to the very fine staff Lofgren Parker Skelton as above recorded. who has just truly done heroic work Lowey Pascrell Slaughter The CHAIRMAN pro tempore (Mr. over the last year under the most dif- Lucas Pastor Smith (MI) SNOWBARGER). Are there further ficult possible circumstances. Luther Paul Smith (NJ) Maloney (CT) Paxon Smith (OR) amendments? I know that my colleagues will want Maloney (NY) Pelosi Smith, Adam There being no further amendments, to join in prayers for Mrs. Schiff and Manton Peterson (MN) Smith, Linda under the rule the committee rises. for the immediate family. We will re- Manzullo Peterson (PA) Snyder Accordingly, the Committee rose; Markey Petri Souder port more as we learn more. Martinez Pickering Spence and the Speaker pro tempore (Mr. Mr. HOYER. Mr. Speaker, will the Mascara Pickett Spratt LAHOOD) having assumed the Chair, gentleman yield? Matsui Pitts Stabenow Mr. SNOWBARGER, Chairman pro tem- Mr. GINGRICH. I yield to the gen- McCarthy (MO) Pombo Stark pore of the Committee of the Whole McCarthy (NY) Pomeroy Stenholm tleman from Maryland. McCrery Porter Stokes House on the State of the Union, re- Mr. HOYER. Mr. Speaker, I know on McGovern Portman Strickland ported that that Committee, having this side of the aisle, we join all of our McHale Poshard Stupak had under consideration the bill (H.R. McHugh Price (NC) Sununu colleagues on that side of the aisle. All McInnis Pryce (OH) Talent 2578) to amend the Immigration and of us, in losing a colleague, share the McIntosh Quinn Tanner Nationality Act to extend the visa sadness and share the concern for our McIntyre Radanovich Tauscher waiver pilot program, and to provide colleague’s family. McKeon Rahall Tauzin for the collection of data with respect McKinney Ramstad Taylor (NC) Mr. Speaker, another one of our col- McNulty Redmond Thomas to the number of nonimmigrants who leagues is grieving this day as well, as Meehan Regula Thompson remain in the United States after the many probably know. The family of the Meek (FL) Reyes Thornberry expiration of the period of stay author- Meeks (NY) Riggs Thune gentleman from Maryland (Mr. CARDIN) Menendez Riley Thurman ized by the Attorney General, pursuant lost their son, 30 years of age, last Metcalf Rivers Tiahrt to House Resolution 391, he reported night and buried him this afternoon. Mica Rodriguez Tierney the bill back to the House with sundry So as we pray for our colleague and for Miller (CA) Roemer Torres amendments adopted by the Commit- Miller (FL) Rogan Traficant the Schiff family, if we could remem- Minge Rohrabacher Turner tee of the Whole. ber the Cardin family as well, I know Mink Ros-Lehtinen Upton The SPEAKER pro tempore. Under they would appreciate it. I thank the Moakley Roybal-Allard Velazquez the rule, the previous question is or- Mollohan Rush Vento gentleman from Georgia (Mr. GINGRICH) Moran (KS) Ryun Visclosky dered. for yielding. Moran (VA) Sabo Walsh Is a separate vote demanded on any Mr. GINGRICH. Mr. Speaker, re- Morella Salmon Wamp amendment? If not, the Chair will put claiming my time, I thank the gen- Murtha Sanchez Watkins them en gros. Myrick Sanders Watt (NC) tleman from Maryland (Mr. HOYER) for Nadler Sandlin Waxman The amendments were agreed to. briefing us and I thank the House for Neal Sawyer Weldon (FL) (Mr. GINGRICH asked and was given its attention. Nethercutt Scarborough Weldon (PA) permission to speak out of order.) Neumann Schaefer, Dan Weller ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ANNOUNCEMENT OF PASSING OF CONGRESSMAN Ney Schaffer, Bob Wexler The SPEAKER pro tempore. The STEVE SCHIFF Northup Scott Weygand Chair would announce that following Norwood Sensenbrenner Whitfield Mr. GINGRICH. Mr. Speaker, I have final passage of this bill, a resolution Nussle Serrano Wicker the sad duty to inform the House that Oberstar Sessions Wise will be offered by the gentleman from earlier today, STEVE SCHIFF, our col- Obey Shaw Wolf New Mexico (Mr. SKEEN). league, died in Albuquerque. All of my Olver Shays Woolsey The SPEAKER pro tempore. The Ortiz Sherman Wynn colleagues know he fought a very, very question is on the engrossment and Owens Shimkus Young (AK) long and very courageous struggle Oxley Shuster Young (FL) third reading of the bill. against cancer. The bill was ordered to be engrossed NOES—46 I had an opportunity to talk just a and read the third time, and was read Aderholt Emerson McCollum few minutes ago with his wife, and the the third time. Baesler Fawell Pease family is bearing up very, very well. Baker Gallegly Rogers The SPEAKER pro tempore. The His staff has been wonderful in a very Ballenger Gilchrest Roukema question is on the passage of the bill. Barr Goodlatte Sanford difficult situation for over a year, and The question was taken; and the Barton Goodling Shadegg has done really courageous work in Berry Granger Smith (TX) Speaker pro tempore announced that representing STEVE and representing Blunt Green Snowbarger the ayes appeared to have it. Brady Hall (TX) Solomon the district. Bryant Hastings (WA) Stearns Mr. Speaker, I would like to ask the RECORDED VOTE Bunning Hutchinson Stump House to join me in a moment of silent Mr. SMITH of Texas. Mr. Speaker, I Campbell Hyde Taylor (MS) demand a recorded vote. Canady Istook Watts (OK) prayer for STEVE and his family, and Collins Johnson, Sam White then afterwards I will comment fur- A recorded vote was ordered. Combest Kim ther. The vote was taken by electronic de- Deal Lewis (KY) Amen. vice, and there were—ayes 407, noes 0, NOT VOTING—25 Let me just say, that Mrs. Schiff in- not voting 23, as follows: Brown (FL) Jefferson Royce dicated they will decide later on this [Roll No. 71] Cannon Johnson, E. B. Saxton evening whether the funeral will be on AYES—407 Cardin Kleczka Schiff Friday or on Monday. Obviously, the Conyers McDade Schumer Abercrombie Bass Borski Ford McDermott Towns House will suspend for the purposes of Ackerman Bateman Boswell Gonzalez Millender- Waters the funeral, and we will invite Mem- Aderholt Becerra Boucher Harman McDonald Yates bers who care to go, to go and join the Allen Bentsen Boyd Houghton Payne Andrews Bereuter Brady Jackson-Lee Rangel family at that time. Archer Berman Brown (CA) (TX) Rothman It is a very sad time for all of us, and Armey Berry Brown (OH) I think that those of us who knew Bachus Bilbray Bryant b 1701 Baesler Bilirakis Bunning STEVE well knew the integrity, the de- Baker Bishop Burr Messrs. LEWIS of Kentucky, cency, the love for this country that he Baldacci Blagojevich Burton ADERHOLT, BAESLER, MCCOLLUM, brought to the job of Representative, Ballenger Bliley Buyer Barcia Blumenauer Callahan BARR of Georgia and GILCHREST the degree to which he gave all of us Barr Blunt Calvert changed their vote from ‘‘aye’’ to ‘‘no.’’ honor in the way in which he served. Barrett (NE) Boehlert Camp Messrs. NEUMANN, ROHRABACHER And I know that all of my colleagues Barrett (WI) Boehner Campbell and ENGLISH of Pennsylvania changed will want to reach out in their own way Bartlett Bonilla Canady Barton Bonior Capps their vote from ‘‘no’’ to ‘‘aye.’’ to the Schiff family and to the people H1502 CONGRESSIONAL RECORD — HOUSE March 25, 1998 Carson Hansen Mica Smith, Linda Tauzin Watkins may designate any country as a pilot pro- Castle Hastert Miller (CA) Snowbarger Taylor (MS) Watt (NC) gram country if it meets the requirements of Chabot Hastings (FL) Miller (FL) Snyder Taylor (NC) Watts (OK) paragraph (2). In order to remain a pilot pro- Chambliss Hastings (WA) Minge Solomon Thomas Waxman Chenoweth Hayworth Mink Souder Thompson Weldon (FL) gram country in any subsequent fiscal year, Christensen Hefley Moakley Spence Thornberry Weldon (PA) a country shall be redesignated as a pilot Clay Hefner Mollohan Spratt Thune Weller program country by the Attorney General in Clayton Herger Moran (KS) Stabenow Thurman Wexler accordance with the requirements of para- Clement Hill Moran (VA) Stark Tiahrt Weygand graph (3). Stearns Tierney White Clyburn Hilleary Morella ‘‘(2) QUALIFICATIONS.—The Secretary of Stenholm Torres Whitfield Coble Hilliard Murtha State may not designate a country as a pilot Coburn Hinchey Myrick Stokes Traficant Wicker Collins Hinojosa Nadler Strickland Turner Wise program country unless the following re- Combest Hobson Neal Stump Upton Wolf quirements are met: Condit Hoekstra Nethercutt Stupak Velazquez Woolsey ‘‘(A) LOW NONIMMIGRANT VISA REFUSAL Cook Holden Neumann Sununu Vento Wynn RATE FOR PREVIOUS 2-YEAR PERIOD.—The aver- Cooksey Hooley Ney Talent Visclosky Young (AK) age number of refusals of nonimmigrant visi- Tanner Walsh Young (FL) Costello Horn Northup tor visas for nationals of that country during Cox Hostettler Norwood Tauscher Wamp the two previous full fiscal years was less Coyne Hoyer Nussle NOT VOTING—23 Cramer Hulshof Oberstar than 3.0 percent of the total number of non- Crane Hunter Obey Brown (FL) Jackson-Lee Rangel immigrant visitor visas for nationals of that Crapo Hutchinson Olver Cannon (TX) Rothman country which were granted or refused dur- Cubin Hyde Ortiz Cardin Jefferson Royce ing those years. Conyers Johnson, E. B. Saxton Cummings Inglis Owens ‘‘(B) LOW NONIMMIGRANT VISA REFUSAL RATE Cunningham Istook Oxley Ford Kleczka Schumer FOR EACH OF 2 PREVIOUS YEARS.—The average Danner Jackson (IL) Packard Gonzalez McDermott Towns number of refusals of nonimmigrant visitor Davis (FL) Jenkins Pallone Harman Millender- Waters Davis (IL) John Pappas Houghton McDonald Yates visas for nationals of that country during ei- Davis (VA) Johnson (CT) Parker Payne ther of such two previous full fiscal years Deal Johnson (WI) Pascrell b 1726 was less than 3.5 percent of the total number DeFazio Johnson, Sam Pastor of nonimmigrant visitor visas for nationals DeGette Jones Paul So the bill was passed. of that country which were granted or re- Delahunt Kanjorski Paxon The result of the vote was announced fused during that year. DeLauro Kaptur Pease DeLay Kasich Pelosi as above recorded. ‘‘(C) MACHINE-READABLE PASSPORT PRO- Deutsch Kelly Peterson (MN) The title of the bill was amended so GRAM.—The government of the country cer- Diaz-Balart Kennedy (MA) Peterson (PA) as to read: ‘‘A bill to amend the Immi- tifies to the Secretary of State’s and the At- Dickey Kennedy (RI) Petri gration and Nationality Act to modify torney General’s satisfaction that it issues Dicks Kennelly Pickering and extend the visa waiver pilot pro- machine-readable and highly fraud-resistant Dingell Kildee Pickett passports to its citizens. Dixon Kilpatrick Pitts gram, and to provide for the collection ‘‘(D) LAW ENFORCEMENT INTERESTS.—The Doggett Kim Pombo of data with respect to the number of Attorney General determines that the Dooley Kind (WI) Pomeroy nonimmigrants who remain in the Doolittle King (NY) Porter United States’ law enforcement interests Doyle Kingston Portman United States after the expiration of would not be compromised by the designa- Dreier Klink Poshard the period of stay authorized by the tion of the country. Duncan Klug Price (NC) Attorney General.’’ ‘‘(E) ILLEGAL OVERSTAY AND DISQUALIFICA- Dunn Knollenberg Pryce (OH) A motion to reconsider was laid on TION.—For any country with an average non- Edwards Kolbe Quinn immigrant visa refusal rate during the pre- Ehlers Kucinich Radanovich the table. vious two fiscal years of greater than 2 and Ehrlich LaFalce Rahall GENERAL LEAVE less than 3 percent of the total number of Emerson LaHood Ramstad Mr. SMITH of Texas. Mr. Speaker, I Engel Lampson Redmond nonimmigrant visitor visas for nationals of English Lantos Regula ask unanimous consent that all Mem- that country which were granted or refused Ensign Largent Reyes bers may have 5 legislative days within during those years, and for any country with Eshoo Latham Riggs which to revise and extend their re- an average number of refusals during either Etheridge LaTourette Riley marks on H.R. 2578, the legislation just such year of greater than 2.5 and less than 3.5 Evans Lazio Rivers Everett Leach Rodriguez considered and passed. percent, the Attorney General shall certify Ewing Levin Roemer The SPEAKER pro tempore (Mr. to the Committees on the Judiciary of the Farr Lewis (CA) Rogan SNOWBARGER). Is there objection to the Senate and the House of Representatives Fattah Lewis (GA) Rogers that the sum of— Fawell Lewis (KY) Rohrabacher request of the gentleman from Texas? There was no objection. ‘‘(I) the total of the number of nationals of Fazio Linder Ros-Lehtinen that country who were excluded from admis- Filner Lipinski Roukema Mr. SMITH of Texas. Mr. Speaker, sion or withdrew their application for admis- Foley Livingston Roybal-Allard pursuant to the rule, I call up from the Forbes LoBiondo Rush sion at a port of entry during such previous Fossella Lofgren Ryun Speaker’s table the Senate bill (S. 1178) fiscal year as a nonimmigrant visitor, and Fowler Lowey Sabo to amend the Immigration and Nation- ‘‘(II) the total number of nationals for that Fox Lucas Salmon ality Act to extend the visa waiver country who were admitted as nonimmigrant Frank (MA) Luther Sanchez pilot program, and for other purposes, visitors during such previous fiscal year and Franks (NJ) Maloney (CT) Sanders who violated the terms of such admission, Frelinghuysen Maloney (NY) Sandlin and ask for its immediate consider- Frost Manton Sanford ation in the House. is less than 2 percent of the total number of Furse Manzullo Sawyer The Clerk read the title of the Senate nationals of that country who applied for ad- Gallegly Markey Scarborough bill. mission as nonimmigrant visitors during Ganske Martinez Schaefer, Dan such previous fiscal year. The text of S. 1178 is as follows: Gejdenson Mascara Schaffer, Bob ‘‘(3) CONTINUING AND SUBSEQUENT QUALI- Gekas Matsui Scott S. 1178 FICATIONS.—The Attorney General, in con- Gephardt McCarthy (MO) Sensenbrenner Gibbons McCarthy (NY) Serrano Be it enacted by the Senate and House of Rep- sultation with the Secretary of State, shall Gilchrest McCollum Sessions resentatives of the United States of America in assess the continuing and subsequent quali- Gillmor McCrery Shadegg Congress assembled, fication of countries designated as pilot pro- Gilman McDade Shaw SECTION 1. SHORT TITLE. gram countries and shall redesignate coun- Goode McGovern Shays This Act may be cited as the ‘‘Visa Waiver tries as pilot program countries only if the Goodlatte McHale Sherman requirements specified in this subsection are Goodling McHugh Shimkus Pilot Program Reauthorization Act of 1997’’. Gordon McInnis Shuster SEC. 2. AMENDMENT OF THE IMMIGRATION AND met. For each fiscal year (within the pilot Goss McIntosh Sisisky NATIONALITY ACT. program period) after the initial period the Graham McIntyre Skaggs (a) DESIGNATION OF PILOT PROGRAM COUN- following requirements shall apply: Granger McKeon Skeen TRIES.—Section 217(c) of the Immigration ‘‘(A) COUNTRIES PREVIOUSLY DESIGNATED.— Green McKinney Skelton and Nationality Act (8 U.S.C. 1187(c)) is (i) Except as provided in subsection (g) of Greenwood McNulty Slaughter amended to read as follows: this section, in the case of a country which Gutierrez Meehan Smith (MI) was a pilot program country in the previous Gutknecht Meek (FL) Smith (NJ) ‘‘(c) DESIGNATION OF PILOT PROGRAM COUN- Hall (OH) Meeks (NY) Smith (OR) TRIES.— fiscal year, the Attorney General may not Hall (TX) Menendez Smith (TX) ‘‘(1) IN GENERAL.—The Secretary of State, redesignate such country as a pilot program Hamilton Metcalf Smith, Adam in consultation with the Attorney General, country unless the sum of— March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1503 ‘‘(I) the total of the number of nationals of striking ‘‘September 30, 1997’’ and inserting PERMISSION FOR COMMITTEE ON that country who were excluded from admis- ‘‘September 30, 2000’’. TRANSPORTATION AND INFRA- sion or withdrew their application for admis- (c) DEVELOPMENT OF AUTOMATED ENTRY STRUCTURE TO FILE REPORT ON sion during such previous fiscal year as a CONTROL SYSTEM.—(1) As of the date of en- nonimmigrant visitor, and H.R. 2400, BUILDING EFFICIENT actment of this Act, no country may be ‘‘(II) the total number of nationals of that SURFACE TRANSPORTATION AND country who were admitted as nonimmigrant newly designated as a pilot program country EQUITY ACT OF 1997 visitors during such previous fiscal year and until the end of the 30-day period beginning on the date that the Attorney General sub- Mr. PETRI. Mr. Speaker, I ask unani- who violated the terms of such admission, mous consent that the Committee on was less than 2 percent of the total number mits to the Committees on the Judiciary of of nationals of that country who applied for the House of Representatives and the Senate Transportation and Infrastructure admission as nonimmigrant visitors during a certification that the automated entry-exit have until midnight, Wednesday, such previous fiscal year. control system described in paragraph (2) is March 25, 1998, to file a report to ac- ‘‘(ii) In the case of a country which was a operational. company the bill (H.R. 2400) to author- pilot program country in the previous fiscal (2) The automated entry-exit control sys- ize funds for federal-aid highways, year, the Attorney General may not redesig- tem is the system mandated by section 110 of highway safety programs, transit pro- nate such country as a pilot program coun- Public Law 104–208 as applied at all ports of grams, and for other purposes. try unless the Attorney General has made a entry excluding the land borders. The SPEAKER pro tempore. Is there precise numerical estimate of the figures under clauses (i)(I) and (i)(II) and reports SEC. 3. REPORT ON AUTOMATED ENTRY-EXIT objection to the request of the gen- those figures to the Committees on the Judi- CONTROL SYSTEM. tleman from Wisconsin? There was no objection. ciary of the Senate and the House of Rep- (a) Within six months after the date of en- resentatives within 30 days after the end of actment of this Act, the Attorney General f the fiscal year. As of September 30, 1999, any shall report to the Committees on the Judi- such estimates shall be based on data col- PERMISSION FOR COMMITTEE ON ciary of the Senate and the House of Rep- lected from the automated entry-exit con- TRANSPORTATION AND INFRA- resentatives on her plans for and the feasibil- trol system mandated by section 110 of Pub- STRUCTURE TO HAVE UNTIL ity of developing an automated entry-exit lic Law 104–708. MIDNIGHT, FRIDAY, MARCH 27, ‘‘(iii) In the case of a country which was a control system that would operate at the land borders of the United States and that 1998, TO FILE SUPPLEMENTAL pilot program country in the previous fiscal REPORT ON H.R. 2400, BUILDING year and which was first admitted to the would— visa waiver pilot program prior to Septem- (1) collect a record of departure for every EFFICIENT SURFACE TRANSPOR- ber 30, 1997, the Attorney General may not alien departing the United States and match TATION AND EQUITY ACT OF 1997 redesignate such country as a pilot program the records of departure with the record of Mr. PETRI. Mr. Speaker, I ask unani- country unless the country certifies that it the alien’s arrival in the United States; and (2) enable the Attorney General to iden- mous consent that the Committee on has issued or will issue as of a date certain Transportation and Infrastructure may machine-readable and highly fraud-resistant tify, through on-line searching procedures, passports and unless the country subse- lawfully admitted nonimmigrants who re- file a supplemental report to the bill quently complies with any such certification main in the United States beyond the period (H.R. 2400) to authorize funds for fed- commitments. authorized by the Attorney General. eral-aid highways, highway safety pro- ‘‘(B) NEW COUNTRIES.—In the case of a (b) Such report shall assess the costs and grams, transit programs, and for other country to which the clauses of subpara- feasibility of various means of operating purposes, at any time before midnight, graph (A) do not apply, such country may such an automated entry-exit control sys- March 27, 1998. not be designated as a pilot program country tem; shall evaluate how such a system could The SPEAKER pro tempore. Is there unless the following requirements are met: be implemented without increasing border objection to the request of the gen- ‘‘(i) LOW NONIMMIGRANT VISA REFUSAL RATE traffic congestion and border crossing delays tleman from Wisconsin? IN PREVIOUS 2-YEAR PERIOD.—The average and, if any such system would increase bor- number of refusals of nonimmigrant visitor There was no objection. der crossing delays, evaluate to what extent visas for nationals of that country during f such congestion or delays would increase; the two previous full fiscal years was less and shall estimate the length of time that than 3.0 percent of the total number of non- EXPRESSING SORROW OF THE would be required for any such system to be immigrant visitor visas for nationals of that HOUSE AT THE DEATH OF THE developed and implemented at the land bor- country which were granted or refused dur- HONORABLE STEVEN SCHIFF, ders. ing those years. REPRESENTATIVE FROM THE ‘‘(ii) LOW NONIMMIGRANT VISA REFUSAL RATE MOTION OFFERED BY MR. SMITH OF TEXAS STATE OF NEW MEXICO IN EACH OF THE 2 PREVIOUS YEARS.—The aver- age number of refusals of nonimmigrant visi- Mr. SMITH of Texas. Mr. Speaker, Mr. SKEEN. Mr. Speaker, I offer a tor visas for nationals of that country during pursuant to the rule, I offer a motion. privileged resolution (H. Res. 395) and ask for its immediate consideration. either of such two previous full fiscal years The Clerk read as follows: was less than 3.5 percent of the total number The Clerk read the resolution, as fol- of nonimmigrant visitor visas for nationals Mr. SMITH of Texas moves to strike out lows: of that country which were granted or re- all after the enacting clause of the Senate H. RES. 395 fused during that year. bill, S. 1178, and insert in lieu thereof the Resolved, That the House has heard with ‘‘(iii) COMMENCEMENT OF AUTHORIZED PE- text of the bill, H.R. 2578, as passed by the profound sorrow of the death of the Honor- RIOD FOR QUALIFYING COUNTRIES.—No country House. able Steven Schiff, a Representative from qualifying under the criteria in clauses (i) the State of New Mexico. and (ii) may be newly designated as a pilot The motion was agreed to. Resolved, That a committee of such Mem- program country prior to October 1, 1998. The Senate bill was ordered to be bers of the House as the Speaker may des- ‘‘(C) REPORTING REQUIREMENTS FOR OTHER ignate, together with such Members of the COUNTRIES.—For every country from which read a third time, was read the third time, and passed. Senate as may be joined, be appointed to at- nonimmigrants seek entry into the United tend the funeral. States, the Attorney General shall make a The title of the Senate bill was Resolved, That the Sergeant at Arms of the precise numerical estimate of the figures amended so as to read: ‘‘A bill to House be authorized and directed to take under subparagraph (A)(i) (I) and (II) and re- amend the Immigration and National- such steps as may be necessary for carrying port those figures to the Committees on the out the provisions of these resolutions and Judiciary of the Senate and the House of ity Act to modify and extend the visa waiver pilot program, and to provide that the necessary expenses in connection Representatives within 30 days after the end therewith be paid out of the contingent fund of the fiscal year. for the collection of data with respect of the House. ‘‘(4) INITIAL PERIOD.—For purposes of para- to the number of nonimmigrants who Resolved, That the Clerk communicate graph (3), the term ‘initial period’ means the remain in the United States after the these resolutions to the Senate and transmit period beginning at the end of the 30-day pe- expiration of the period of stay author- a copy thereof to the family of the deceased. riod described in section 2(c)(1) of the Visa ized by the Attorney General.’’ Resolved, That when the House adjourns Waiver Pilot Program Reauthorization Act today, it adjourn as a further mark of re- of 1997 and ending on the last day of the first A motion to reconsider was laid on spect to the memory of the deceased. fiscal year which begins after such 30-day pe- the table. riod.’’. The SPEAKER pro tempore. The gen- (b) AUTHORIZED PILOT PROGRAM PERIOD.— A similar House bill (H.R. 2578) was tleman from New Mexico (Mr. SKEEN) Section 217(f) of that Act is amended by laid on the table. is recognized for 1 hour. H1504 CONGRESSIONAL RECORD — HOUSE March 25, 1998 Mr. SKEEN. Mr. Speaker, I yield my- (Mr. HYDE asked and was given per- have his time back there, he would self such time as I may consume. mission to revise and extend his re- have a small sandwich, he would have (Mr. SKEEN asked and was given per- marks.) something to drink, we would talk and mission to revise and extend his re- Mr. HYDE. Mr. Speaker, I thank the sit side by side. He and I came in to- marks.) gentleman from New Mexico (Mr. gether in 1988. We were elected in the Mr. SKEEN. Mr. Speaker, our great SKEEN) for taking this moment to com- 101st Congress. Our class is pretty state of New Mexico is mourning the memorate the loss of our mutual small. We came in with George Bush death of the gentleman from New Mex- friend, STEVE SCHIFF. I knew STEVE when he was President. I think George ico (Mr. SCHIFF), one of our most dis- years ago before he was involved in Re- Bush helped a number of us get in, but tinguished colleagues of this honorable publican politics. Actually he was a we had a very small class, so we would body we proudly call the United States lawyer for the Democratic Party in the meet. There were about 16 of us. I House of Representatives. State capital of Illinois, Springfield, think from the moment we all came to- STEVE has been suffering from cancer when I first encountered him. I took an gether and we were with STEVE, we re- for nearly a year, and unfortunately immediate liking to him because he alized that there was something about this morning his fight came to a tragic was very smart, he was very serious him, something righteous. It was the end. Since STEVE became ill, we all about government and was a very hon- way he either carried himself, the way prayed every day for his recovery. We orable young man. You can imagine he spoke, the way he looked, the coun- prayed that he would win this tough my delight when I learned a few years tenance on his face. It was one of a battle so that he could once again join later that he had become a Republican righteous soul, somebody that you us in Washington and continue to do and was elected the State’s attorney in could trust, somebody that you could the work that he enjoyed and loved. his community in New Mexico and then go into business with, somebody who STEVE was dedicated to his constitu- ran for Congress and got elected. Again would be your lawyer and as I under- ents and worked hard to represent it was my good fortune to serve with stand he was a district attorney. You their interests in Congress. Even in the him on the Committee on the Judici- just sort of would gravitate toward face of this tragic situation, STEVE ary. STEVE and would listen to what he had continued to put the needs and inter- STEVE, as I say, was bright, he was to say and with that sort of twinkle in ests of his constituents and all New serious. He brought to government a his eye, I remember that twinkle in his Mexicans at the forefront almost until desire to make things better. He loved eye he had when he would look at you, the very end of his life. Even though the law, yet he had a compassion, a you just know what he was saying was his illness forced him to remain in Al- sensitivity and understanding about almost the gospel. buquerque, he continued to spend sev- people and their problems. He was al- I extend my deepest sympathy and eral hours a day in his district office ways someone you could count on for a compassion for his family. I think that and working at his home for the people very thoughtful appraisal and analysis we are all going to miss him very of his district. of difficult situations. much. Sometimes we kid each other, As the gentleman from New Mexico STEVE SCHIFF, who is survived by his because I would vote and he would vote (Mr. REDMOND) just said, he will be wife Marcia and two children, Jaimi and we would compare each other and sorely missed. I think it is St. John and Daniel, will be remembered with he would say, ‘‘Well, there you go, who said when you love somebody, great fondness by the many people CLIFF, you’re voting with the right they are no longer where they were, whose lives he touched as husband, as wing,’’ and I would say ‘‘There you go, they are always where you are. It will father, as friend and neighbor, as U.S. STEVE, you’re voting with the mod- be impossible to turn around and look Air Force officer, and a distinguished erates.’’ He said, ‘‘No, it’s not mod- at the seats and the spaces that are left LIFF public servant. STEVE was widely re- erate, C . I’m voting as an enlight- for the members on the Committee on spected by everyone, including his po- ened Member of Congress.’’ We had our the Judiciary without imagining STEVE litical adversaries. This public admira- side jokes. there and without missing him ter- tion was due in large part to his rep- I think tonight it is obviously a great ribly, his wise counsel and his support. deal of sadness we have that he is not utation for being a man of integrity, A death is always beyond expression his evenhanded approach as a public of- with us. His tragic death is remem- in terms of adequate language. Martin bered tonight. I think he will be re- ficial, and for always standing by his Luther King had a wonderful saying, word. All of us regret his untimely membered for many, many years. I the inaudible language of the heart. come to the House floor tonight to pay passing and the terrible emptiness his And so it is with the inaudible lan- death leaves in our lives. my respects and again offer my condo- guage of the heart that I extend to his lences to his family. Thank you, STEVE SCHIFF, for caring family, whose loss is tremendous, be- Mr. SKEEN. Mr. Speaker, I yield 2 so much, for trying so hard, and for cause he was such a tremendous person minutes to the gentleman from New doing so much for your district, your and so his being taken from them is a York (Mr. SOLOMON). State and your country. I know that tremendous loss. I extend to them my Mr. SOLOMON. Mr. Speaker, I thank you will arise to the occasion for the deepest sympathy. Life is a mystery the gentlemen from New Mexico for two bell votes in heaven. God bless and death is a mystery. The way he yielding me this time. you. met a not terribly pleasant illness at Mr. Speaker, we certainly will miss Mr. Speaker, I yield 1 minute to the the end was typically STEVE SCHIFF, one of the finest gentleman I think I gentleman from New Mexico (Mr. brave, courageous, uncomplaining, have ever had the privilege of knowing REDMOND). hopeful. We remember you, STEVE. You in this body and anywhere else in Mr. REDMOND. Mr. Speaker, it is have made us better people for having America. I certainly have known a with deep sadness we mourn the loss of known you. cross-section of people. The thing I our fellow New Mexican, Congressman Mr. SKEEN. Mr. Speaker, I yield 2 guess that always struck me the most STEVE SCHIFF. STEVE was highly re- minutes to the gentleman from Florida about STEVE SCHIFF is his inquisitive- spected in the House of Representa- (Mr. STEARNS). ness and his wanting to know what was tives on both sides of the aisle. STEVE (Mr. STEARNS asked and was given going on and how sincere he was about was known for his keen mind, his abso- permission to revise and extend his re- it. lute sense of fairness, and above all his marks.) I have an office right up over the gal- integrity. As a friend and mentor, I Mr. STEARNS. Mr. Speaker, I thank lery here. I do not know how many share in the loss with his family. New the gentleman from New Mexico (Mr. times in the last several years that Mexico and America have lost a patri- SKEEN) for setting aside time tonight Steve would call and ask if he could otic son and a humble servant in STEVE to talk about our friend, our dear have a few minutes just to come in and SCHIFF. STEVE will be greatly missed. friend. When I think of STEVE, I think talk things over, not a particular sub- Mr. SKEEN. Mr. Speaker, I yield 3 of his sense of humor. Perhaps not ject, but he wanted to know what was minutes to the gentleman from Illinois many people have mentioned that. He going on and he wanted to know both (Mr. HYDE). used to be in the cloakroom, he would sides of the issue. That is a remarkable March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1505 man, to be as fair as he was. I do not so many ways, but particularly in this that we all will miss him very much for think that there was a partisan bone in Congress. a long time to come, and though he is his body. He was here to serve his Mr. SKEEN. Mr. Speaker, I yield 2 no longer physically with us here, his State, his congressional district, and minutes to the gentlewoman from Cali- contribution has made an impact on us more than anything else to serve his fornia (Ms. PELOSI). for as long as we serve in the Congress, country, which he did so admirably. Ms. PELOSI. Mr. Speaker, I thank and longer. I thank the gentleman for offering the gentleman from New Mexico (Mr. Mr. SKEEN. Mr. Speaker, I yield 2 this resolution. Again we are so sad to SKEEN) for offering this resolution in minutes to the gentleman from Florida see him be taken away. honor of a very special Member of Con- (Mr. MICA). Mr. SKEEN. Mr. Speaker, I yield 1 gress. I am pleased and saddened to Mr. MICA. Mr. Speaker, we have lost minute to the gentleman from Ten- join my colleagues in honoring the one of our beloved colleagues and one nessee (Mr. WAMP). memory of STEVE SCHIFF. In this Con- of my dear friends, STEVE SCHIFF, the Mr. WAMP. I thank the gentleman gress, we have the protocol of referring gentleman from New Mexico. for yielding me this time. I, too, Mr. to each other as the gentleman or the I had the great honor of serving with STEVE when I first entered this body as Speaker, come to the well today with a gentlewoman, the gentlewoman from a new Member of the House of Rep- heavy heart, remembering a wonderful our State, but STEVE SCHIFF was indeed resentatives on the Committee on Gov- life of our colleague and friend, Mr. a gentleman from New Mexico. ernment Operations. STEVE grew to be, STEVE SCHIFF from New Mexico. He b 1745 was my subcommittee chairman in the as I said, not only my colleague but my 104th Congress in the Committee on He was a quiet man, so unless my friend. There are some things that you dis- Science. He was always thoughtful, al- colleagues worked closely with him tinguish about individuals, and others ways pleasant, one of the most intel- sometimes, they would not know the full force of his contribution to this have said it here today, but truly, in ligent Members of this body that I have the very truest sense of the word, come across. Soft-spoken, very effec- body, and it was very, very significant. People have said, I think almost STEVE SCHIFF was a gentle man. tive, always going the extra mile. As my colleagues know, he was also a every spokesperson has spoken about I remember he came to Oak Ridge, wise man, a wise man because I know Tennessee at my request to chair a his honesty. He was a man of great in- so many, including myself, sought his field hearing of the Committee on tegrity. I served with for many years, counsel and we depended on him, his Science. I just want to say that part of more years than I think we both would judgment, his wisdom and his great in- that arrangement was that I would at like to have served, on the Committee telligence. some point travel to New Mexico and on Standards of Official Conduct with STEVE SCHIFF was also a tough man. participate in a field hearing there for Mr. SCHIFF, and every single day there If my colleagues knew STEVE, he was a him. Unfortunately, I will not have we learned from him. tough individual with a tough prosecu- that opportunity. But as he breathed As was mentioned, he was a prosecu- torial background. his last breath this day, our thoughts tor. He knew the law; we learned from But most of all, he was a fair man, and prayers go out to his family and all him every day. And he was a person of and that is something we all remember those that crossed the path of STEVE very, very, very high standards. He about STEVE. SCHIFF. We were blessed with his rela- served here with great dignity. With Most of all we must remember, and I tionship and his life. I just pray that great dignity. remember STEVE as a family man, and the peace of God, the peace which I think of many words to describe how his family must mourn him today passeth all understanding, will be with him: Integrity would be one; dignity and how we will all miss him because his family in the hours ahead as the another; intellect, a great intellect; of his dedication to not only his con- United States House of Representatives and he was very, very proud of the dis- gressional family, but his own family mourns the loss of STEVE SCHIFF with trict that he represented. who has suffered such a great loss. his family in New Mexico. We used to vie to see who had the This afternoon and in the coming Mr. SKEEN. Mr. Speaker, I yield 2 better district. I, of course, think San days, my prayers go out to STEVE’s minutes to the gentleman from Michi- Francisco is the best district to rep- wife and his family and his many gan (Mr. EHLERS). resent, but he was certain it was Albu- friends in his district, for we indeed Mr. EHLERS. Mr. Speaker, I also rise querque. We both agreed that New have lost a great friend and a gen- with a heavy heart to pay tribute to a Mexico deserved the name ‘‘Land of tleman. The House of Representatives close friend, a good colleague, and a Enchantment,’’ it being a very special has lost indeed a great Member. wonderful Congressman. During my place. But he was very, very proud of Mr. Speaker, we will all miss him, and I miss him as a friend. maiden voyage in Congress after elec- his very special constituency in Albu- Mr. SKEEN. Mr. Speaker, I yield 3 querque, and he served his constituents tion in a special election, and you may minutes to the gentleman from Penn- recall that in a special election we well. sylvania (Mr. FOX). jump right into the work, one of the His commitment to public service, Mr. FOX of Pennsylvania. Mr. Speak- subcommittees I was assigned was the his dedication to high ethical stand- er, it is with great sadness that I rise one chaired by Mr. SCHIFF. He was an ards, and his great intellect were a re- to join my colleagues because of the outstanding chairman and a very kind source not only to his constituents but loss of a great friend, STEVE SCHIFF. friend that was willing to show a fresh- to every Member who served with him His life, however, is one to celebrate man the ropes and was extremely help- on any committee. because he did so much good. He did ful. But what struck me most through- One of the tragedies of today is that good not only as a great Congressman, out my brief acquaintance with him in I know one person, BEN CARDIN, my but he was a great prosecutor. Those the House was that he was absolutely colleague who also served with us, men and women in law enforcement in totally honest. He was diligent, a when we served together on a day-to- New Mexico and across the country re- straight arrow, a very fine person and a day very close basis on our subcommit- alize well that he was a great district good example for all of us. It was a de- tee, and BEN and STEVE spoke the same attorney, United States Attorney; he light and a pleasure to work with him. language; they were both attorneys, was fair, honest, a crime fighter to be I, along with the gentleman from the two others of us were not. So they sure, but someone who would make Tennessee (Mr. WAMP) and all my other had their own sympatico, and I know sure that it was done in the right way. colleagues, offer our prayers for him that BEN would love to be here to be a And because of his outstanding efforts, and his family. I think especially of his comfort to STEVE’s family, and I know we have seen reductions of crimes in wife Marcia. We pray that she may he will be in the future. But I think of the areas where he worked, and we enjoy the comfort of God during these all these people here, these two people have seen other district attorneys and difficult times and that his family will would be a comfort to each other. other prosecutors want to be in the feel his presence as well. We certainly I am pleased to join my colleagues in field because of STEVE SCHIFF’s out- offer them our best. We pay tribute to extending my deepest sympathy to standing efforts and outstanding ac- STEVE for serving his country well in Marcia, to the Schiff family, and to say complishments. H1506 CONGRESSIONAL RECORD — HOUSE March 25, 1998 And he was a great Congressman. As tinely for many years, had an office to- go back to my office and I sit next to a member of the Committee on the Ju- gether, and his seat is right next to me that empty seat in the Committee on diciary, he helped write laws to im- on the Committee on Government Re- Government Reform and Oversight, we prove our court system, helped write form and Oversight. When I go to the will have a seat at the table for STEVE, laws to protect the rights of individ- Committee on Government Reform and and he will be there with us. uals. As a member of the Committee on Oversight meetings now, I sit next to Mr. SKEEN. Mr. Speaker, I have no Government Reform and Oversight, his empty chair, and the sign is still other speakers on tap, and I would like where he was a leader, he led special there for his name; we do not take it to say good-bye, STEVE we will miss investigations in the United States away. I just sit next to his empty chair you. Government to make sure we root out and go back to my office and pass the Mrs. KENNELLY of Connecticut. Mr. Speak- fraud, waste, and abuse, and he did so open door to his office where his staff er, I rise to express my condolences to the in a very thorough and effective style. have been coming to work every day. family and friends of Congressman STEVE His leadership was also shown as a STEVE is not gone, really. I mean, SCHIFF. We are all saddened by the loss of great humanitarian. For those of us STEVE is still here. He is only 5 years STEVE, and his presence and his efforts in this who had the privilege and honor to older than I am. This is not an old man Chamber and on the Judiciary Committee will serve with him, we saw him as a role who is passing on at the end of a long be missed. model, as someone who lived his life in life. This is the same as somebody get- I was fortunate to get to work with STEVE, an exemplary way, someone who is a ting run over by a car or bus right in because he and I shared an interest in law en- great father, a great husband, great the middle of a very healthy and active forcement technology. STEVE saw that as family man, and someone who wanted life. criminals became more sophisticated, we in to give back to his district 1,000 per- We know that he was a lawyer and Congress had an obligation to provide our law cent. Everything he thought about was prosecutor. And some people have in enforcement officers with the best and most how can he help his constituents and fact said, how does a Jewish lawyer cutting edge equipment to combat crime. He how can he make this country better from New Mexico end up representing worked tirelessly with the National Institute of and stronger, safer and more fair. Anglo Protestants and Hispanic Catho- Justice and Sandia Laboratories in New Mex- And he was a great speaker. When he lics? And people who ask that question ico to support the research, development, and used to speak on the House floor right are not from America, because that is testing of critical and innovative technology, here or in committee, people listened the way America works. And, of such as personalized guns. I recall participat- because he always had something to course, STEVE was the perfect rep- ing in a press conference with STEVE and Pat say that hadn’t been said before, or had resentative for New Mexico, and STEVE Schroeder to report on progress toward devel- not been said in a way that only STEVE will always be the perfect model for a oping these firearms, which can only be fired could explain it. He knew how to mar- Representative back here. by their owners, and to unveil the first working shal the facts, to research the law, and But sometimes we forget that STEVE prototype of such a gun. I recall how pleased then to apply the appropriate persua- was a lot more than just a very able STEVE was to know that this technology was sion to win his point, and he did that prosecutor and a very able lawyer on moving forward, and that someday, police offi- repeatedly, and that is why his legisla- the Committee on the Judiciary, or a cers would not have to fear having their own tion was passed, his amendments were very able government reformer looking weapons turned against them. passed, and the country is better, safer, after ways to streamline the Federal Despite STEVE's illness, he continued to and stronger because STEVE SCHIFF has Government and make it work better support efforts to improve technology and to been a Member of this House and made on the Committee on Government Re- ensure that the important research being done a difference for his home State of New form and Oversight. by the National Institute of Justice in the area Mexico as well as the country at large. At the time of the Gulf War, when we of law enforcement technology remains to be So I join my colleagues and all the had one of our best debates ever on the residents of his wonderful State and a priority. My office has worked with STEVE's floor of the House, STEVE not only sup- across the Nation in saluting a great and his staff on these issues, and I will con- ported the decision that President man who made a difference not only tinue to work here in Congress to see that Bush took to use force in the Gulf, but with his family and his friends and his these efforts continue. then as a colonel in the Air Force Re- community but to his country. He was Mr. SKEEN. Mr. Speaker, I yield serves, he went there. He was in Tur- a great patriot, and we will forever re- back the balance of my time. key, he was in northern Iraq. He op- member, as we have difficulty looking The SPEAKER pro tempore. Without posed President Clinton’s sort of cock- at this in the future, we would say to objection, the previous question is or- eyed Dayton plan for Bosnia, but once ourselves, what would Congressman dered. that decision was taken to send troops There was no objection. SCHIFF do, and I am sure the answer will come to us swiftly. to Bosnia, he went to the mission op The resolution was agreed to. We love you, STEVE. God bless you center at Aviano Air Force base in A motion to reconsider was laid on and your family. Italy and volunteered. That is what the table. Mr. SKEEN. Mr. Speaker, I yield 3 STEVE SCHIFF did. f He was a great defender of our na- minutes to the gentleman from Califor- ANNOUNCEMENT OF AMENDMENT nia (Mr. COX). tional labs on the Committee on Science, and of course while we are al- PROCESS FOR THE EMERGENCY Mr. COX of California. Mr. Speaker, I SUPPLEMENTAL APPROPRIA- thank my colleague from New Mexico ways as Republicans looking for ways to save money and cut spending and so TIONS BILL FOR FISCAL YEAR for yielding this time to me, and I echo 1998 what the gentleman from Pennsylvania on, he was dedicated to making sure (Mr. FOX) just said. He said, ‘‘We love that that part of government which (Mr. SOLOMON asked and was given you, STEVE.’’ STEVE is not with us here, worked got more attention, and he permission to address the House for 1 but he really is still here with us. firmly believed that that was true minute and to revise and extend his re- STEVE is a classmate of mine. We got about our national labs. marks.) elected as freshmen together, and to- He was tough on crime. We all know Mr. SOLOMON. Mr. Speaker, the morrow night over at my house we are that he personally, single handedly, Committee on Rules is planning to having a get-together, the class of 1988. virtually pushed through Congress suc- meet on Monday, March 30, to grant a We have been planning this for a long cessfully the Sexual Crimes Against rule which may limit the amendment time. We have not had enough get- Children Act, and basically that was process for the emergency supple- togethers of our class, and so even because he was a very tough and strong mental appropriation bills for fiscal though STEVE has been seriously under prosecutor. But he was also responsible year 1998. Any Member wishing to offer the weather, we were hoping at least a for our 1996 crackdown on health care an amendment should submit 55 copies few months back that he would be able fraud. and a brief explanation of the amend- to be there with us tomorrow night. Tomorrow night when my class of ment by noon on Monday, March 30, to His office is right next door to mine, 1988 gets together, in the same way the Committee on Rules, in Room H– and we got together as freshmen rou- that I walk by that open door when I 312 of the Capitol. March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1507 Amendments should be drafted to the described as a tumultuous time. But the local school advisory council, Ms. text of the committee print ordered re- Steve was there. He was like a beacon Joyce Keller, principal, and her staff, ported by the Committee on Appropria- of light, someone who was willing to and all of the outstanding students and tions on Tuesday March 24. Copies of stretch his hand out across the aisle, their families. this committee print of the bill are someone who was always interested in Whitney M. Young High School was available in Room H–218 of the Capitol moving for the good of the country, the first school to win the State of Illi- right now. and not anyone who would let the tu- nois’ academic decathlon, the State The Committee on Rules strongly multuousness of the time get to him. Class AA basketball championship, and suggests that Members wishing to I served with him on the Committee the State sportsmanship award on the offer, and Members ought to listen on the Judiciary and the Committee on same day in the same year, Saturday, carefully to this, Members wishing to Science. We also served together on the March 21, 1998. offer amendments which would add Subcommittee on Basic Research as Whitney M. Young is no stranger to spending to the bill, provide offsets for well as the Subcommittee on Crime. winning the State academic decathlon. this additional spending in their Steve was someone who had tremen- As a matter of fact, they have won it 13 years in a row. They have become the amendment. And I would suggest that dous passion for science and what Michael Jordans, the Mozarts, the Mar- they adopt the amendments that would science could do for this country and ian Andersons, the John Hope Frank- offset further spending in the Defense for humankind. lins, and the Bill Gates of education. Department. I for one, as chairman of As chairman of the Subcommittee on Whitney M. Young continues to the committee, would not look kindly Basic Research, which I think he got to produce a dynasty of superstars who on those amendments. chair because of his district, his efforts excel year after year. Last November, Members should also use the Office of went far beyond his district. They went Whitney Young played host to U.S. Legislative Counsel to ensure that into the future of humankind. He did a Services Academy Day for us at their their amendments are properly drafted tremendous amount of good work for school. There were 125 students in at- and should check with the Office of the this Nation. tendance from all over the Seventh dis- Parliamentarian to be certain their The country will miss him, and I will trict, Chicago and suburbs, asking amendments comply with the rules of miss him personally. My prayers are questions about West Point, the Air the House. with his wonderful family at this time Force Academy, Annapolis, all of the f of enormous loss for them, his district, service academies. and America. I was, indeed, delighted to see so b 1800 f many students and their guidance TRIBUTE TO THE HONORABLE counselors take hard looks at the su- STEVEN SCHIFF OF NEW MEXICO SPECIAL ORDERS perb educational opportunities offered (Mr. WALSH asked and was given The SPEAKER pro tempore (Mr. by these outstanding institutions. permission to address the House for 1 SNOWBARGER). Under the Speaker’s an- It is no surprise to me that public education can and does work. When minute and to revise and extend his re- nounced policy of January 7, 1997, and people are committed and the re- marks.) under a previous order of the House, sources are made available, Mr. Speak- Mr. WALSH. Mr. Speaker, I was a lit- the following Members will be recog- er, the sky is the limit. Ms. Joyce tle bit late for the resolution regarding nized for 5 minutes each. Kenner, principal of Whitney Young my classmate, colleague and very good f High School, understands this concept friend, STEVE SCHIFF, and I wanted to The SPEAKER pro tempore. Under a and practices it by allocating resources have my remarks included with the previous order of the House, the gen- where they are needed the most and other Members who spoke in that reso- tleman from California (Mr. RIGGS) is places people where they can do the lution. recognized for 5 minutes. most good. As a result of this, Whitney (Mr. RIGGS addressed the House. His STEVE was a remarkable man, some- M. Young continues to excel. one who I got to know when I came to remarks will appear hereafter in the We in the United States Congress Washington. I served with him for 9 Extensions of Remarks.) must adopt these same principles and years, admired him, admired his hon- f commitment to saving our public esty and his judgment, his dedication. schools throughout America. We must He is one of those many Members TRIBUTE TO WHITNEY M. YOUNG HIGH SCHOOL commit to providing 100,000 new teach- who comes here and who does not come ers, commit to rehabbing aging school here for the glory. He comes here for The SPEAKER pro tempore. Under a buildings, commit to fostering learning the service to the country, and he pro- previous order of the House, the gen- in our classrooms. With our support, vided it in an exemplary way. tleman from Illinois (Mr. DAVIS) is rec- every public school in America is a po- As I was coming into the Capitol and ognized for 5 minutes. tential Whitney M. Young High School. I looked up and I saw the flag at half- Mr. DAVIS of Illinois. Mr. Speaker, a Therefore, I again congratulate each staff, and I thought what a tribute that few years ago, then Secretary of Edu- of the outstanding Young men and is to him, how proud he would have cation William Bennett made the women, their coaches and teachers, and been, how proud his family must be of statement that the Chicago public again especially their principal, Ms. him, how proud his State is of the serv- schools were among the worst in the Joyce Kenner. ice that he provided, how proud his Nation. I am pleased to note today, Mr. Public education can and does work friends must be of the service that he Speaker, that the Chicago public when we provide adequate resources, provided. schools are making significant have concerned parents interacting f progress, and they are making progress with well-prepared and committed pro- towards the level of excellence of fessional teachers and staff, students TRIBUTE TO THE HONORABLE which we can, indeed, be proud. who are seeking knowledge and oppor- STEVEN SCHIFF OF NEW MEXICO I picked up the Chicago Sun Times tunity. Mix it all together, and we get (Ms. LOFGREN asked and was given this past Tuesday, and on page three of a Whitney M. Young High School, aca- permission to address the House for 1 the headlines read: ‘‘Whitney Young demic champions, athletic champions, minute and to revise and extend her re- students Savor Triple Title Weekend.’’ and good sports, gentlemen and marks.) Please note that Whitney M. Young women. The pride of our State, we sa- Ms. LOFGREN. Mr. Speaker, I also is a public high school in the City of lute you Whitney M. Young High would like to note with great sadness Chicago in the Seventh Congressional School. the passing of our colleague, STEVE District. Therefore, I commend and f SCHIFF. I was part of the 1994 Demo- congratulate Gary Chico, Chairman, The SPEAKER pro tempore. Under a cratic freshman class from west of the and the Chicago Board of Education, previous order of the House, the gen- Rockies. When I arrived here in Wash- Superintendent Paul Vallas and his tleman from New Mexico (Mr. ington, I found what I guess can best be staff, the chairperson and members of Redmond) is recognized for 5 minutes. H1508 CONGRESSIONAL RECORD — HOUSE March 25, 1998 (Mr. REDMOND addressed the House. Consumer prices at both the retail order of the House, the gentleman from His remarks will appear hereafter in and at the wholesale level continue to Illinois (Mr. EWING) is recognized for 5 the Extensions of Remarks.) decline. There is absolutely no indica- minutes. f tion of any inflation anywhere in our (Mr. EWING. addressed the House. economy, yet the Federal Reserve con- His remarks will appear hereafter in EAST ASIA ECONOMIC tinues to allow interest rates to creep the Extensions of Remarks.) INSTABILITY AFFECTS U.S. up. That is real interest rates, interest f The SPEAKER pro tempore. Under a rates as a function of inflation. previous order of the House, the gen- Now, under ordinary circumstances, H.R. 23, THE STOP SWEATSHOPS tleman from New York (Mr. HINCHEY) this would be troubling, and we would ACT is recognized for 5 minutes. be upset with the Federal Reserve for The SPEAKER pro tempore. Under a Mr. HINCHEY. Mr. Speaker, I want allowing the cost of borrowing to con- previous order of the House, the gen- to talk this evening for just a few min- tinue to creep up this way. But we are tleman from New Jersey (Mr. utes about the meeting of the Federal now involved in a circumstance that is PASCRELL) is recognized for 5 minutes. Reserve Federal Open Market Commit- not normal at all; it is very unusual. Mr. PASCRELL. Mr. Speaker, I rise tee which will take place on Tuesday of That circumstance is the financial cri- today to bring to the attention of my next week, the 31st of March. sis that is sweeping across all the coun- colleagues a tragic event of yesterday This is a very important meeting, as tries, virtually all of the countries, at and raise a call to action on a serious all of these meetings are, because the least, of East Asia and the very com- problem of today. Federal Open Market Committee will plicated financial problems that exist Today marks the 87th anniversary of in effect be setting short-term interest in those countries, which are causing what was, by many accounts, the worst rates for the months ahead. Setting actual disinflation in East Asia, and factory fire in the history of our Na- short-term interest rates is important even deflation in some places that is tion, a fire that by the time it was fi- because it governs so much of the lend- going to flood the marketplace of every nally quenched, had taken the lives of ing that goes on, particularly the con- other economy in the world, as much 146 women, many of whom would better sumer lending that goes on in our as possible, with these cheap goods. be described as young ladies, girls as country. Therefore, that is going to cause addi- young as 13 years of age. The fact that It is consumer lending and borrowing tional economic problems here. 146 innocent lives were lost make the that affects so much of our economic Indications are that the flooding of events of March 25, 1911, horrible, but circumstances, including the level of these cheap goods into our economy is it is the reason why these lives were going to cost us as much as 1 or 2 growth. So the interest rates which lost that makes it a very tragic, a seri- points in our economic growth and the will be determined at this meeting of ous tragedy and a crime. cost could be even higher. We could ex- the Federal Open Market Committee The fire occurred in the factory at perience economic growth of only 1 on Tuesday are critically important. the Triangle Shirtwaist Company, a percent or even negative economic The Fed has been saying, in effect, woman’s clothing manufacturer. The growth sometime later this year if the that they have been holding interest factory was little more than 500 women Federal Reserve does not act soon to rates steady. That is essentially true. crammed together at sewing machines reduce interest rates and prepare us for They have been holding them steady at in a small building which now houses the onslaught of the consequences of about 51⁄2 percent. When you factor in part of New York University, forced to what is taking place in East Asia. stay at the machines for long hours at the very important fact that the con- Some other countries are preparing little pay. The tragedy was fostered by sumer prices, in other words, the cost themselves for the consequences of the fact that the room was packed well of living, has been going down, then these activities. For example, some of beyond its capacity and the doors were you see that real interest rates have, in the OPEC countries recently realizing locked by the owners to keep the fact, been going up over the course of that the deflation going on in East women at their machines. the last many months. Asia that is causing oil prices to drop Mr. Speaker, this is history being re- This chart here, I think, dem- have come together and they are reduc- peated today, a setting which led to onstrates that quite clearly. Beginning ing the amount of oil that they are the loss of 146 lives in 15 minutes. As in 1997, the interest rates have gone up producing, and that is going to raise oil great a tragedy as the Triangle Shirt- quite dramatically. And the indica- prices a bit, but what they are doing is waist Factory fire was, the bigger trag- tions are that, absent any change in preparing their economies for the on- edy is that the very conditions that led Federal Reserve policy, real interest slaught of this disinflation and even to it 87 years ago still exist. Despite rates, that is interest rates as a func- deflation that is coming across from tion of inflation, as a function of the East Asia. what many think, sweatshops are not a cost of living in our society will con- Mr. Speaker, we need to do the same. thing of the past nor are they the do- tinue to go up as this chart here clear- The most important way that we can main of Third World nations. They ly demonstrates. prepare ourselves for the effects of this exist right here in this greatest of all If interest rates go up, that means disinflation and deflation is to lower democracies. that the cost of many things will go up interest rates, lower short-term inter- Mr. Speaker, a 1994 General Account- as people have to borrow to buy those est rates at the next meeting of the ing Office study estimated that New things in our society. The Fed is excus- Federal Reserve Federal Open Market York City’s famed garment industry ing this raising of real interest rates by Committee. may be populated by as many as 2,000 saying that there are indications of in- I am circulating a letter this week to sweatshops. In Los Angeles and Miami, flation in our economy. all of the Members of the House of Rep- 90 percent, 80 percent of all garment shops are sweatshops; the Department b 1815 resentatives asking them to join me in a letter to the Federal Reserve, asking of Labor officials have determined that But when we look closely at it, we them to take into consideration the in my own State of New Jersey, in the discover that that is not the case at fact that durable goods orders are down northern part of the State, 300 sweat- all. again, to take into consideration the shops, a figure that is actually on the Just today, an announcement came fact that consumer prices and whole- rise as more and more sweatshops are out of the Department of Commerce in- sale prices continue to fall, and to take migrating across the river from New dicating that durable goods orders were into consideration the fact that we are York to New Jersey to take advantage down again, orders for durable goods, about to be hit by the disinflation of less expensive rents. which are used in every aspect of man- sweeping across East Asia, and that is The continued proliferation of sweat- ufacturing in our country have gone going to have a damning effect on our shops is one of the greatest threats to down, indicating that manufacturing is economy, and we need to act, and act the continued vitality of our economy going to go down in the future because soon. and the rights of hard-working Ameri- those durable goods orders are going The SPEAKER pro tempore (Mr. cans. The honorable businesses that ob- down. DEAL of Georgia). Under a previous serve the Fair Labor Standards Act March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1509 and the other laws of this Nation that try, because he had given so much and $5,000 at the time. His wife, Marlene, govern the workplace are put at seri- was at the height of his career as chair- was the campaign manager, and my ous competitive disadvantage when man of the House Public Works and colleagues have to understand, this was they are forced to compete with sweat- Transportation Committee. a very risky venture for a grammar shops that ignore all the laws, and then Mr. Speaker, I wanted to say these school teacher running in a district we have stars go on television and words tonight because I wanted to that had never gone Democratic for smile and say of their sponsored prod- make sure that Jim and his tremen- President and has not since that day in ucts, they know nothing about it. dous legislative accomplishments are 1964 when Lyndon Johnson was elected How can we reasonably expect a com- not forgotten. As his successor, rep- and so was Jim Howard. His campaign pany that pays its workers a livable resenting most of his old district, I can slogan in 1964 was ‘‘He cares about peo- wage and provides a safe workplace to point to many reminders back home of ple, it’s that simple.’’ I think that real- compete with sweatshops? Such a no- Jimmy’s 24 years in Congress. There is ly sums up why Jim was reelected each tion is absurd. If we continue to allow the massive Jersey Shore beach res- time against odds that often were over- these sweatshops to operate, who are toration project, the rebuilding of Bar- whelming. the real losers? Our workers, the mil- negat Inlet, the electrification of North Mr. Speaker, I would like to include lions of hard-working Americans who Jersey Coast Rail Line, and Ocean for the record two letters which I think will see their wages artificially re- County Community College. paint a rich picture of the human side pressed and their jobs lost as legiti- There is the veterans outpatient clin- of Jim Howard, his wonderful sense of mate businesses are forced out of busi- ic in Brick Township, the National Ma- humor and his love of life. One of the ness by sweatshops. rine Fisheries Lab at Sandy Hook, the letters is from Jimmy’s daughter, Mr. Speaker, what does it say about Computer Sciences Hall at Monmouth Marie Howard Fabrizio, and the other us as a society if we are willing to University, and Interstate 195 in Cen- is from Hayley Roberts Mullan of allow sweatshops that treat humans tral Jersey, all of which carry his name Belmar, New Jersey, which is the town worse than we would treat animals to as a reminder of his outstanding serv- in our congressional district where Jim continue to operate; sweatshops where ice to his district and to his State. grew up. Hayley has many childhood children and women are forced to work His contributions nationally were memories of her Congressman, which I 14 hours a day, overcrowded rooms at a broad and lasting. As Chairman of the would like to share and I include them fraction of the minimum wage? Mr. Surface Transportation Subcommittee for the RECORD at this time. Speaker, if we are going to save jobs, from 1975 to 1981, he developed the MARCH 25, 1998. especially those in the manufacturing ‘‘Howard Plan’’ which, for the first Congressman FRANK PALLONE, industry, and ensure our workers ap- time, combined mass transit and high- Cannon House Office Building, House of Rep- propriate conditions and pay, we must way legislation into one bill. It was an resentatives, Washington, DC. crack down on these illegal sweat- effort to give mass transit equal billing DEAR FRANK: On behalf of my mother Mar- shops. with highways and to better coordinate lene, my sisters Kathy and Lenore, and all I have joined with several of my col- national transportation policy. the Vetrano and Howard family, thank you leagues to send a strong message by co- As chairman of the Committee on so much for taking the time to remember Public Works from 1981 to 1988, he and honor my father, Jim Howard, today on sponsoring H.R. 23, the Stop Sweat- the tenth anniversary of his passing. Our shops Act. This important measure championed, with the bipartisan help hearts are filled with appreciation for this would hold any manufacturer legally of the committee’s current chairman kind gesture. responsible if it or one of its contrac- and ranking member, the critical needs Dad served in the House of Representatives tors operates a sweatshop. of the Nation’s crumbling infrastruc- for 24 years and he loved this House. He was Simply increasing the penalties is ture. He undertook a bruising, but suc- a liberal Democrat from a fairly conserv- not enough. It is time for the Depart- cessful battle to raise the Federal gas ative Republican district. First elected in ment of Labor to get off their fannies, tax to pay for the roads and the bridges 1964, he remained in Congress until his death to begin addressing the problem with that were deteriorating at an alarming on this date in 1988. I believe he was continu- the seriousness that this warrants. It is rate. ously reelected because he was respected by He also championed highway safety, Democrats and Republicans alike for his can- time for the Department to make ex- dor, and willingness to listen to different posing and putting sweatshops out of the 55-mile-per-hour speed limit, as opinions and learn from them. I can remem- business a real priority. well as anti-drunk driving and 21-year- ber several occasions when he came home Mr. Speaker, 87 years ago 146 young old minimum drinking age laws that and told us that he was going to come out on women died in what amounts to a have saved many lives throughout the one side or the other of an extremely conten- senseless tragedy motivated by greed. country. Perhaps most critical for his tious issue and it would probably mean he We owe it to their memory to rid our Jersey Shore district, he was an envi- wouldn’t be reelected. If we asked why he Nation of sweatshops and those who ronmentalist who passed a tough clean had to take such a stand the answer was al- endorse them, and fight against those water bill over a presidential veto. He ways the same—because it was the right thing to do. Not to do so was a totally for- who smile and say they know nothing set the timetable to end ocean dump- eign concept to him. ing, developed a plan to end plastic about it when they endorse those prod- In the mid 1960’s when he had only been in ucts. floatables pollution and helped pass a Congress for a short time, he came out f comprehensive Superfund law. against further U.S. involvement in the Viet- The SPEAKER pro tempore. Under a In many ways, particularly in the en- nam war. A position that didn’t put a young previous order of the House, the gentle- vironmental area, I am trying to carry Congressman in a good light with the power- ful Johnson White House nor with his dis- woman from Wyoming (Mrs. CUBIN) is on with some of these initiatives, be- cause they are ongoing in nature and trict which strongly supported the war ef- recognized for 5 minutes. fort. It seems funny to think of it now, but (Mrs. CUBIN addressed the House. require a constant vigilance; and I have great respect for Jimmy’s legacy and his position in favor of allowing 18 year olds Her remarks will appear hereafter in to vote, was an incredibly divisive issue at the Extension of Remarks.) for that of his family. His widow, Mar- the time it was being considered. He told me lene, his daughters, Kathy, Lenore and TRIBUTE TO FORMER he could not rationalize how the government Marie, who is here this evening and is could draft someone into combat but deny CONGRESSMAN JIM HOWARD also a staffer on the Committee on Re- that person a say in who made such deci- The SPEAKER pro tempore. Under a sources, and four grandsons, Brian, sions. Of course, few were thrilled when as previous order of the House, the gen- Jamie, Anthony and Joseph. Chairman of the House Public Works and tleman from New Jersey (Mr. PALLONE) The love and support that Jim How- Transportation Committee, he pushed so is recognized for 5 minutes. ard received from his family was criti- hard for the 55 mile an hour national speed Mr. PALLONE. Mr. Speaker, 10 years cal to his success in Congress and also limit. He was most proud of that legislation because it was so immediately responsible ago today, March 25, 1988, Congressman at campaign time. He often talked for a large decrease in highway fatalities and Jim Howard passed away. It was a very about his first campaign in 1964, which incidents of paralysis, epilepsy and other sad day for us, for his friends and col- was run from his kitchen table, using medical problems resulting from head trau- leagues, his family, and for the coun- the entire family savings of about ma. H1510 CONGRESSIONAL RECORD — HOUSE March 25, 1998 My dad used to say that next to the clergy, I try to keep my dad’s torch alive inside of Mr. PALLONE. I yield to the gen- he believed public service was the next high- me by remembering his teachings to me to tleman from American Samoa. est calling. He strongly believed that govern- never forget where I came from, always re- Mr. FALEOMAVAEGA. Mr. Speaker, ment was not the enemy of the people but member that one person can make a dif- I commend the gentleman for bringing rather an instrument to be used to make life ference and everyone must try, and to al- better for those living in the shadows of life, ways find the humor in life and revel in it. this Special Order in recognition of our and to foster strength within our union by You also keep his torch alive by continuing former Chairman of the Committee on embracing the diversity among all Ameri- to represent the interests of the Jersey Public Works, Mr. Howard. I do remem- cans. Shore with respect and enthusiasm. ber the gentleman working as a former Clearly, he passed his love of Congress on Again, thanks to you and your wonderful staffer for the late Congressman Phil to me. After 18 years of working here I can staff, Nancy Fatemi for this most gracious of Burton. say I’ve been blessed with the opportunity to tributes to my dad’s memory. I had the privilege of meeting Mr. work for three Members who, although di- Fondly, Howard, and if there is anything that I verse in personality, remind me so much of MARIE HOWARD FABRIZIO. the ideals I respected most in my dad. Sen- would identify and remember best ator Bill Bradley for his forethought; Con- DEAR CONGRESSMAN PALLONE: about this great gentleman, not only gressman Mo Udall for his unfailing humor There’s a saying I adore, but I don’t know as a Congressman, but as the Chairman and ability to bring warring sides together; whom to credit: of the Committee on Public Works, was and Congressman George Miller for his keen ‘‘The world is filled with music for those who the fact that he cares for the working intellect and unwavering courage to take on would hear it.’’ man. And if there is anything that I the most unpopular of issues simply because Jim Howard ‘‘heard’’ the music and he could remember well in my association it’s ‘‘the right thing to do.’’ helped others follow the rhythm. He was a Everyone who knew my dad, knows that he family man—a man of integrity and values. with the late Congressman, Phil Bur- got involved in politics because of the vision He played his politics from the heart. He ton, was Jim Howard’s concern about of the Kennedys. When he met Senator Jack worked diligently for what he believed was the needs of the working people here in Kennedy and listened to his vision for Amer- right—even if it meant hitting a few sour America. ica—he was hooked. He remained true to notes along the way. He could always take a Mr. PALLONE. Mr. Speaker, reclaim- that vision throughout his entire life and deep breath and continue his melody, usually ing my time, I thank the gentleman for proudly wore his PT 109 tie pin and carried a without skipping a beat. his remarks. I just want to say, Mr. Kennedy half dollar with him every day as Jim many times was the conductor of Con- Speaker, once again, that Jim Howard reminders of where he came from. Frank, I gress—heading committees, establishing know in your campaign office you have a ideas to help the district and country, yet was my mentor. There are so many rather large picture of my father with then never forgetting that without the ‘‘musi- things that I try to emulate in his life, Senator Bobby Kennedy, but I’m not sure cians’’ his music wouldn’t be heard. He knew and I am very proud to be able to you know the story behind the big smiles that with the correct accompaniment the present this Special Order tonight, 10 they have. The picture was taken during my music would be beautiful and sonorous. years to the day of the anniversary of dad’s first reelection bid in 1966. Senator He also knew when it was time to slow his death. Kennedy was recording a radio spot which down the beat—even during a busy cam- Mr. SHUSTER. Mr. Speaker, ten years ago referred to my dad as being named the Out- paign. He would be out on the links teeing standing Freshman Congressman. After the today, Congress and the nation lost a true pa- off, or watching cartoons with a child, or triot. James J. Howard was a dear friend of recording, Senator Kennedy said, ‘‘Gee Jim, getting a group of people to hold hands and that’s pretty nice. What group picked you?’’ sway to the music of ‘‘Sweet Caroline’’. He mine and should be remembered as a tremen- to which my dad quickly responded, ‘‘My would also take time out of a busy day to dous public servant of the people of New Jer- staff. The vote was 6-to-4.’’ stop by a friend’s house to show off the latest sey, and of the entire country. For more than His quick wit may be what I miss most of in technology ‘‘toys’’ or he would stop by a 20 years, the House knew Jim as a well-re- all. He tried to instill in his daughters the hospital to visit a friend’s newborn baby. spected chairman who always put the health importance of being able to laugh at our own These are all things that I remember about and safety of the American people above all human foibles. I remember my first day Jim Howard. I also remember at this funeral, else. working as an intern in a Congressional of- during the 21-gun-salute the realization that fice. I must have been 16 or 17 years old and Jim was a colleague and predecessor of not only was I loosing someone important in mine: a dedicated, resourceful Chairman of was sent to deliver something in the Senate. my life, but so was our country. I know his I was hopelessly lost when I suddenly saw time on this earth was cut short and there the House Public Works and Transportation several men coming my way. Without think- were many things he hadn’t finished yet. Committee for more than eight years. ing, I grabbed the arm of one of the man and Hopefully, he’s looking down on all of us and Throughout the 80's, Jim was the driving force asked for his help. As I looked up—into Sen- giving us guidance to continue his work. And behind the major improvements that were ator Ted Kennedy’s face—I was mortified. He hopefully, for him it’s always sunny and he made to our nation's infrastructure. was actually being interviewed and my in- sinks every putt. Jim fought for the principle that our infra- trusion caused cameras to click off and writ- He was a husband, father, grandfather, ers to stop writing. As the other men structure is one of the most crucial building friend, teacher, Congressman. Never once did blocks of our economy. He saw reliable high- laughed, the Senator couldn’t have been he forget those who cared for him or abuse nicer, and told me the direction I needed to his power in the government to hurt others. way systems, transit lines, air facilities, and go. I felt like such a fool but when I told the He thought of others first and how his ac- water and sewage treatment capabilities, not story to my dad, he laughted so hard that in tions or works would affect them. And luck- as mundane subjects of public policy, but as no time we were both roaring with laughter. ily, for us, he helped a young politician a means to a better life for all. Better funding My dad always felt so lucky to be here and named Frank Pallone to continue his work. for highways and mass transit projects was never forgot that under the many titles he Another man who doesn’t forget what he’s secured because of Jim's work on the Surface amassed—Honorable, Congressman, Chair- learned and helps to pass it onto others. man—he was just a young, Irish kid with a Transportation Assistance Act of 1982. Work We’ve been a very lucky district indeed. on the Airport and Airway Improvement Acts head full of dreams given the opportunity of My only misfortune is that I was not of age a lifetime to come to Washington with his to cast my vote for Jim Howard—I was sev- of 1982 and 1987 assured similar improve- Italian wife from Asbury Park to represent enteen when he passed away. But I leaned ments for aviation. their beloved Jersey Shore. many things from him about politics and Jim believed that a solid infrastructure It’s hard to believe that ten years has life. Politics didn’t require ‘‘dirty pool’’ or meant economic health and more jobs for his passed since I heard his voice, squeezed his opportunistic photo ops. Politics needed constituents and America. Because of Jim's vi- hand, or kissed his cheek. An entire decade heartfelt belief in what was correct and prop- sion, we appreciate this concept today, and has passed since I heard him sing an Irish er. If you lived your life in that manner you song, tell me he loved me, or saw the twinkle his old Committee is proud to continue his didn’t need to worry about winning an elec- in his eye that was always followed by that work. tion—the people knew a kind, generous, and crooked smile which indicated he just saw Jim also knew that the goals he doggedly trustworthy person when they saw one. I am something very funny in an otherwise seri- pursued had to be achieved at no risk to the definitely a better person today for having ous situation. known him and his legacy stays with me people and to the environment. The 21-year How well I remember that sunny March minimum drinking age and speed limit laws for day at St. Catherine’s when you served as a every day of my life. Jim was like a second grandfather to me which he was responsible is clear evidence pallbearer for my dad. I know he was your and I loved him and I miss him. But I know mentor and you worried about filling his that safety of the American people was always shoes but with the work you have done here, that one day I’ll meet him again. among the foremost of his legislative con- especially with regard to the environment HAYLEY ROBERTS MULLAN. cerns. and shore protection, he would be proud of Mr. FALEOMAVAEGA. Mr. Speaker, Water pollution, waste dumps, sewage con- you. will the gentleman yield? taminationÐJim battled to rid his district and March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1511 the country of these and other such threats to Jimmy Howard as he was affectionately While working to protect the environment, public safety. I have every confidence saying known as a stalwart leader in all these enact- Jim Howard also worked to increase our fish- that many people are living today because of ments. He stood for his people in the Third ing waters for our citizens to enjoy, by creating Jim's efforts, and I think that's something that District. He was dedicated and creative. He the 200-mile fishing limit. should never be forgotten. was loyal and hardworking. I considered him At the same time, Jim Howard worked for Jim worked hard so that every American to be one of my best friends. We formed cau- highway safety. He was responsible for lower- would have a better life. Looking back over cuses to create greater opportunities for fresh- ing the national speed limit to 55. This was the the last 10 years, his legacy and enduring phi- man to have a say in policy. We worked hard first law recognizing the relationship between losophy still drive the work of the Transpor- to reform the House Rules to make it more speed and highway safety. Jim Howard also tation Committee he so expertly piloted toward open and democratic. He stood tall for civil foresaw the problem with drunk driving. He the 20th century. rights, for women's rights and for human wrote laws against drunk driving and raised Jim, we miss you and we thank you for all rights. the minimum drinking age to 21. We cannot that you did for this country. Jimmy Howard was a school teacher before know how many lives were saved on the high- Mr. FROST. Mr. Speaker, I rise to remem- he was elected to Congress. When he came ways due to the efforts of Jim Howard. But we ber Jim Howard on the tenth anniversary of to Congress he continued to use his back- can only thank him. his death. Jim Howard was a great American ground as a teacher and taught his colleagues Mr. Speaker, I could go on and on in count- and he was a proud Member of the House of about the importance of individual relation- ing the many laws Jim Howard got passed in Representatives. He embodied the idea of ships and of the effectiveness of simple direct the Congress to protect our environment while public service and his love for his country, his communication. He had a great wit and en- expanding our transportation capabilities. It is state and district, and for this institution is a gaged the Congress in many provocative de- poignant that we are remembering Jim How- memory none of us who knew him will ever bates. ard at this time. He did so much for transpor- forget. His dedication to the public good, to In 1975 he became a subcommittee chair in tation, and we are reflecting on his accom- the betterment of life for every man, woman the Public Works Committee. He rose to the plishments just as the BESTA bill is about to and child in this country is a testament to his Chair of the full Public Works Committee in come to the Floor. love for his Nation. January of 1981. Mr. Speaker, in closing, I can only say that Mr. Speaker, today, in some circles, there is One of his more notable accomplishments I am grateful that Jim Howard served in this disdain for the kind of career legislator that was the consolidation of mass transit with the House. He was one of our best Members, and was Jim Howard. He was an inside operator, highway legislation. was a good and gracious man. a man who knew the rules, a man who knew He was a very determined strategist and Mr. MOAKLEY. Mr. Speaker, I want to thank how to get the job done. He fashioned a ca- work ceaselessly to preserve the jurisdiction of the gentleman from New Jersey, Mr. PALLONE reer from serving his constituents and his his committees. He enacted the first 55 miles for reserving this time to pay tribute to the country and I, for one, think of his service to an hour speed limit on federal highways, memory of a good friend, Jim Howard. It is the United States as honorable and decent which has probably saved the lives of thou- only fitting that the timing of this event comes and well worth celebrating. Those who dispar- sands of people across the nation. as the House is preparing to consider a major age public service should look closely at the Congressman Howard was a constant legis- surface transportation bill next week. record of achievement of a man like Jim How- lator always on the outlook for ways he could As a Representative from Boston, I will al- ard. ways be grateful to Jim Howard for his role in As Chairman of the then Public Works and make the highways safer. He worked hard to shepherding the original authorization of the Transportation Committee, Jim Howard was fight against drunk drivers and to fight for Big Dig Project in BostonÐthe biggest public responsible for creating a coordinated program greater safety for child passengers. works project in the history of the United of highway and mass transit transportation to In addition he is honored for his work to pro- StatesÐthrough the then Public Works and serve our cities and our rural areas; he was a tect and preserve the environment. He fought Transportation Committee. Jim's legacy is as champion of energy conservation as well as against polluters and championed legislation strong today as it was when he left us ten public safety on our nation's highways. He un- to clean up toxic waste and keep dangerous years ago. Jim was known as a devoted rep- derstood the need for expanding and upgrad- chemicals out of our neighborhoods. resentative to his constituents in the Third ing the nation's airports and air traffic control I am pleased to take this moment to note system, and was a prime mover in the deregu- the life and accomplishments of this great leg- Congressional District, but Jim was also de- lation of the airline industry. His legacy also in- islator, my friend and colleague, The Honor- voted to the citizens of the United States. As cludes the landmark 1987 Clean Water Act, able James T. Howard. many of us know, Jim was responsible for the which was passed by the Congress after a And in remembering Jimmy, I want to pay a passage of the 55-mile-per-hour national hard-fought, but fairly-won, battle and which special tribute and fond Aloha to his wife, Mar- speed limit. His efforts to focus the national at- became law in spite of a Presidential veto. He lene and their children. tention on the issue of speed and safety and was a man who knew what he stood for and Mr. KENNEDY of Massachusetts. Mr. the perils of drunk driving and under age fought hard for it. Speaker, I rise today to honor the memory of drinking undoubtedly saved thousands of lives. Mr. Speaker, I am proud to have known Jim Representative Jim Howard from New Jersey. Jim was widely known as a transportation guy, Howard. I appreciate the opportunity to salute When Congressman Howard passed away but Jim also led the way on some of the most him on this anniversary of his passing. suddenly ten years ago today, I was in my first important environmental legislation to ever Mrs. MINK of Hawaii. Mr. Speaker, I rise to- term as a Member of Congress. I am grateful come out of the U.S. House of Representa- night to remember a former colleague, the late that I was able to meet Jim Howard, and to tives. Many a times that I sought Jim's help for Congressman James Howard, Democrat who watch him at work. During his 23 years in clean-up money for Boston Harbor or addi- served his State of New Jersey, and his Third Congress, Jim was one of the most able tional money for a train station or for a particu- District from 1965 until he died on March 25, Members to serve in the House. When Jim lar highway project, Jim was always there. He 1988 at the age of 60 years. served as Chairman of the House Public appreciated the work of a legislator, he knew Congressman Howard was first elected to Works and Transportation Committee, he left that if you tried hard enough you truly could the U.S. House in the fall of 1964 and took of- his mark for us by passing important legisla- make a difference in the daily lives of people. fice in January of 1965. Until his election this tion improving our highways, mass transit, and Jim was known as a fierce defender of the district had been basically Republican. I was aviation. jurisdiction of his beloved Public Works Com- elected that same year. We had an entering I deeply admired the way Jim Howard bal- mittee. As a member of the House Rules class of nearly 100 members. anced building roads while doing his best to Committee, I witnessed first hand the many It was a historic Congress. Lyndon Baines clean up the environment. In the mid-80's, Jim battles he had with the Appropriators when- Johnson was President. We enacted the first Howard sponsored the Clean Water Act, ever he thought they were treading on his federal aid to education bill. We embarked on Superfund Act, Groundwater Protection Act, committee's ability to legislate. And let me tell a War against Poverty. We made dramatic and the Plastic Pollution and Research Act. you nine times out of ten Jim would prevail. changes in the immigration laws. We provided These laws helped our nation to clean up es- Jim knew the leglsiative process as well as help for young people going to college. We tuaries, manage non-point pollution, and limit any other Member I knew at the time and it enacted Medicare. The list of achievements is sludge dumping. In addition, Jim Howard was this knowledge that made Jim the special long and impressive. It included things like worked with EPA to develop a plan to elimi- legislator that he was. Head Start, legal aid, aid to the elderly, new nate plastic pollution off the shores of New I am eternally grateful for the friendship that programs in housing and many others. Jersey. Jim Howard accorded me while he was in H1512 CONGRESSIONAL RECORD — HOUSE March 25, 1998 Congress. In 1977 I had the opportunity to The SPEAKER pro tempore. Under a The religious freedom amendment travel to Egypt with Jim to meet with the lead- previous order of the House, the gen- corrects court actions and trends er of Egypt, Anwar Sadat. In my Congres- tleman from Indiana (Mr. BURTON) is which have suppressed religious expres- sional Office I still have the picture of Jim and recognized for 5 minutes. sions. It will permit student-initiated myself in the traditional Arab headdressÐI (Mr. BURTON of Indiana addressed procedures in public schools. The pro- smile every time I see it. It brings back fond the House. His remarks will appear posal retains the First Amendment memories of my old pal. hereafter in the Extensions of Re- safeguard against official religion and Again I thank the Gentleman from New Jer- marks.) keeps school prayer voluntary, but pro- tects it, just as other forms of free sey, for reserving this time. f Mr. RAHALL. Mr. Speaker, I rise in tribute to speech are protected. The SPEAKER pro tempore. Under a the Honorable Jim Howard, former Member of Specifically, if approved by a two- previous order of the House, the gen- the House of Representatives, and Chair of thirds margin of both Houses of Con- tleman from Minnesota (Mr. OBERSTAR) the then Committee on Public Works and gress and ratified by the legislatures of is recognized for 5 minutes. Transportation, now the Transportation and In- three-fourths of the States, the reli- frastructure Committee. (Mr. OBERSTAR addressed the gious freedom amendment will add the My tribute to Jim's memory has to do with House. His remarks will appear here- following words to the United States his chairmanship of the Public Works Commit- after in the Extensions of Remarks.) Constitution: tee, where he served from 1975 to 1988. This f ‘‘To secure the people’s right to ac- knowledge God according to the dic- tribute comes from the fact that when I first AMERICAN SCHOOLS ARE SAFER tates of conscience: Neither the United began my tenure in the House in 1976, as a FROM RELIGION THAN FROM States nor any State shall establish twenty-seven year old freshman, I chose the DRUGS any official religion, but the people’s Public Works Committee as the major commit- right to pray and to recognize their re- tee I most wanted to join, and having done so The SPEAKER pro tempore. Under a previous order of the House, the gen- ligious beliefs, heritage, or traditions I have remained on the Committee for nearly on public property, including schools, 22 years. tleman from North Carolina (Mr. JONES) is recognized for 5 minutes. shall not be infringed. Neither the Jim Howard's stewardship of that commit- United States nor any State shall re- tee, and the strength and courage of his con- Mr. JONES. Mr. Speaker, people throughout this Nation are being de- quire any person to join in prayer or victions concerning the importance of this na- other religious activities, prescribe tion's infrastructure, and of our duty to see nied a fundamental right, the right to freely express their religious beliefs. It school prayers, discriminate against that it was funded, will always be with me. religion, or deny equal access to a ben- As we are poised to vote on the reauthor- is a shame that I have reason to make that statement here in the United efit on account of religion.’’ ization of the Federal Highway bill, known as I commend my good friend, the gen- States in the year 1998, but it is a sad BESTEA, in the coming days, I am reminded tleman from Oklahoma (Mr. ISTOOK), fact. Please allow me to list a few ex- even more of the on-the-job training I received for presenting us with this opportunity amples. under Jim's leadership, which as served me to defend religious freedom in America, so very well over the years. One example, a judge ruled in favor and for following the will of the people, During Jim's chairmanship of the Commit- of a teacher who gave a young Ten- as we in this Congress are elected to tee, he guarded its jurisdiction with all of his nessee student an F on a research do. beingÐwhich was considerable. It was Jim paper, simply because she decided to Public opinion polls have shown time Howard who was responsible for the passage write the paper about Jesus. On three and time again that three-quarters of of the 55-mile per hour national speed limit, separate occasions, St. Louis school Americans support a constitutional the first legislation to focus attention on the re- system officials put a fourth grade stu- amendment to allow voluntary prayer lationship between speed and safety. dent in detention for bowing his head in public schools and to protect reli- I was mindful of that fact when, in 1995 dur- to say a private prayer over lunch. gious liberties. I urge my colleagues to ing floor consideration of the National Highway Mr. Speaker, students from schools listen to their constituents, and to join System Designation Act, as I tried in vain to across the country have been prohib- in this effort to protect the right of re- preserve that 55-mile per hour speed limit. I ited from bringing the best-selling ligious expression in America. Support wondered at the time whether Jim Howard book in America to school, the Bible. House Joint Resolution 78. was watching and listening as the speed limit At the same time, the Justice Depart- f was raised to ever more dangerous levels na- ment reports that 100,000 young people GENERAL LEAVE tionwide. I continue to believe that Jim was bring guns to school every day. It is a right, and that his 55-miles per hour limit that sad commentary on our Nation to say Mr. PALLONE. Mr. Speaker, I ask had stood the test of time as a mandate that that our schools are safer from religion unanimous consent that all Members prevented the deaths of many innocent victims than they are from illegal drugs. may have 5 legislative days within around the country, should have remained in Mr. Speaker, this country was built which to revise and extend their re- force. upon Judeo-Christian values. I believe marks on the subject of my special Chairman Jim Howard was a champion of we are in real trouble now that we have order today. all the issues over which his committee had reached a time when, sadly, those val- The SPEAKER pro tempore (Mr. jurisdiction, not just highwaysÐfrom Clean Air ues are being attacked and not pro- DEAL of Georgia). Is there objection to to Clean Water, from Mass Transit to Airport tected. Every American, our children the request of the gentleman from New and Airway Improvement, and from motor car- in their formative years especially, Jersey? rier safety to groundwater protection. should be allowed to freely explore and There was no objection. As I mentioned above, in the next week express their religious beliefs that in- f when we again meet on the floor of the House clude voluntary school prayer. The SPEAKER pro tempore. Under a to reauthorize the federal highway legislation, My good friend, the gentleman from previous order of the House, the gen- I will draw strength from remembering that Jim Oklahoma (Mr. ERNEST ISTOOK) recog- tleman from Illinois (Mr. LIPINSKI) is Howard did not shrink from a floor fight over nized this fact, and has seen the many recognized for 5 minutes. legislation he believed was in the nation's in- threats to religious liberties in this Na- (Mr. LIPINSKI addressed the House. terest. tion. He has taken action. I am proud His remarks will appear hereafter in I know that he will be watching over us as to be part of the team of over 150 co- the Extensions of Remarks.) we carry on with the legacy he left for all of sponsors, Democrat and Republican, f us and for the nation by enacting BESTEA, supporting the religious liberty amend- The SPEAKER pro tempore. Under a again focusing attention on our country's infra- ment proposed by the gentleman from previous order of the House, the gen- structure and environment. Oklahoma (Mr. ISTOOK). I believe it is tleman from Maryland (Mr. EHRLICH) is This special order tonight, and our action to the right step to protect one of our recognized for 5 minutes. enact BESTEA this week or next, will go far in most fundamental rights which has (Mr. EHRLICH addressed the House. assuring that Jim Howard's role as a National been so frequently infringed upon re- His remarks will appear hereafter in legislator is not forgotten. cently. the Extensions of Remarks.) March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1513 The SPEAKER pro tempore. Under a Mr. Speaker, I would especially com- tained from indigenous peoples and previous order of the House, the gentle- mend the gentleman from Minnesota their understanding of certain plants woman from Hawaii (Mrs. MINK) is rec- (Mr. BRUCE VENTO) for his amendments that have medicinal and healing value. ognized for 5 minutes. to the bill, which recognize the impor- What Dr. Cox is saying to us is that (Mrs. MINK of Hawaii addressed the tance of tropical forest plants for medi- there is much that our modern world House. Her remarks will appear here- cal treatment of human illnesses, and can learn from native cultures. after in the Extensions of Remarks.) that native peoples who live in or near Mr. Speaker, again, I support the f rain forests should be consulted, given provisions of H.R. 2870, and I commend The SPEAKER pro tempore. Under a their tremendous knowledge of plants my colleagues for their endorsement and passage of this legislation. previous order of the House, the gen- that have medicinal value. Also, I would note that Dr. Cox is tleman from Washington (Mr. Mr. Speaker, it is my understanding greatly appreciated and respected by METCALF) is recognized for 5 minutes. that during the House floor delibera- tions the gentleman from Minnesota the Samoan people. He has even been (Mr. METCALF addressed the House. (Mr. VENTO) also cited the outstanding bestowed with the Samoan title of His remarks will appear hereafter in work of Dr. Paul Alan Cox, one of the Nafanua by the elders of the village of the Extensions of Remarks.) finest ethnobotanists in the world Falealupo because of his contributions, f today, and who is especially noted for including the establishment of a 30,000- IN RECOGNITION OF DR. PAUL COX his studies and research work in the acre rain forest preserve, and a con- AND PROTECTION OF TROPICAL South Pacific. struction of a primary school for the FORESTS I have known Dr. Cox for several village children. years from his work in the Samoan Is- Mr. Speaker, again, I urge my col- The SPEAKER pro tempore. Under a leagues to support this legislation previous order of the House, the gen- lands and throughout Polynesia. I am extremely gratified that Dr. Cox was when it comes back from the Senate. tleman from American Samoa (Mr. Mr. Speaker, I am proud to be a co-sponsor FALEOMAVAEGA) is recognized for 5 honored by Time Magazine as one of the world’s top medical scientists in of H.R. 2870, the Tropical Forest Protection minutes. Act, a bill recently passed by the House of Mr. FALEOMAVAEGA. Mr. Speaker, 1997. Dr. Cox first came to Samoa in the Representatives and which is now before the I am proud to be a cosponsor of H.R. Senate for consideration. I regret not being on 2870, the Tropical Forest Protection early 1970s as a young Mormon mis- sionary. He became enchanted with the House floor when this bill was under con- Act, a bill recently passed by the House sideration, due to a conflict with my schedule, of Representatives and which is now Samoa and immersed himself in the Samoan culture, learning to read and but it is for this reason that I take this oppor- before the Senate for consideration. tunity to share my views with my colleagues I regret not being on the floor of the write fluently in the Samoan language. After his departure from the islands on this matter. House when this bill was under consid- I commend the authors of this legislationÐ to obtain his doctorate degree from eration, due to a conflict of my sched- the gentleman from Ohio, Mr. ROB PORTMAN, Harvard University, he later joined the ule, but it is for this reason that I take the gentleman from Ohio, Mr. JOHN KASICH, faculty at Brigham Young University this opportunity to share my views and the gentleman from Indiana, Mr. LEE HAM- in Provo, Utah. He is also the newly with my colleagues on this matter. ILTONÐfor their vision and leadership in appointed director of the National I do commend the authors of this leg- crafting this measure which facilitates debt re- Tropical Forestry Botanical Garden lo- islation, the gentleman from Ohio (Mr. duction in third world countries to support ef- PORTMAN), the gentleman from Ohio cated on the island of Kauai, in the forts for conservation of their fragile tropical (Mr. KASICH), and the gentleman from State of Hawaii. forests. I also commend the House Inter- Over the years, traveling back and Indiana (Mr. LEE HAMILTON), for their national Relations Committee Chairman BEN forth between Samoa and the United vision and leadership in crafting this GILMAN and the gentleman from Minnesota, States to conduct research, Dr. Cox has measure, which facilitates debt reduc- Mr. BRUCE VENTO, for their important contribu- tion in Third World countries to sup- discovered 74 medicinal plants with the tions that have improved the bill. port efforts for conservation of the assistance of native Samoan healers. Mr. Speaker, the provisions of H.R. 2870 fragile tropical forests. Extracts from the leaves, bark, and basically allow less-developed nations that I also commend the chairman of the roots of the rain forest plants have owe loans to the United States to restructure Committee on International Relations, proven effective in treating illnesses their debt repayment, funneling savings into a the gentleman from New York (Mr. from high fever to appendicitis to asth- tropical rain forest protection fund, which will BEN GILMAN) and the gentleman from ma. In particular, one new plant-de- provide for the conservation and maintenance Minnesota (Mr. BRUCE VENTO) for their rived drug isolated by Dr. Cox, of native forest resources in each participating important contributions that have Prostratin, holds the promise of a cure country. To qualify, countries with substantial made improvements in this bill. for AIDS. tropical rain forests must demonstrate that Mr. Speaker, the provisions of H.R. Mr. Speaker, most of the Earth’s they support human rights and democratic 2870 basically allow less developed na- 265,000 flowering plants are located in government, and that they are opposed to nar- tions that owe loans to the United tropical regions, and less than 1 per- cotics trafficking and international terrorism. States to restructure their debt repay- cent of these plants have been tested Mr. Speaker, according to the world wildlife ments, funneling savings into a tropi- for effectiveness against disease. fund, up to 42 million acres of tropical forests cal rain forest protection fund which Continuing his work with native are being devastated each year throughout will provide for the conservation and healers, Dr. Cox hopes to find the an- the world. Indeed, approximately one-half of maintenance of native forest resources swer to cancer, Alzheimer’s disease, the world's tropical forests no longer exist; and in each participating country. and other incurable diseases in the rain in the Asia-Pacific region alone it is estimated To qualify, countries with substan- forests of Samoa and the world. How- that 88% of original forest lands have been tial tropical forests must demonstrate ever, the decimation of tropical forests destroyed. that they support human rights and literally threatens to prevent the dis- Mr. Speaker, these careless activities have democratic forms of government, and covery of hundreds of new medical a dramatic negative impact on the environ- that they are opposed to narcotics traf- drugs. ment that is global in nature. The destruction ficking and international terrorism. Mr. Speaker, again, I want to com- of tropical forest lands on this scale destroys Mr. Speaker, according to the World mend Dr. Cox for his life’s work de- the Earth's ability to recycle carbon dioxide, Wildlife Fund, up to 42 million acres of voted to research and protection of the significantly contributing to greenhouse gases tropical forests are being devastated tropical rain forests of Samoa and and climate warming. Perhaps more impor- each year throughout the world. In- other regions of the world. By follow- tantly, we sacrifice and lose the rich and deed, approximately one-half of the ing the footsteps of native healers, Dr. unique biodiversity of these tropical forest eco- world’s tropical forests no longer exist. Cox best exemplifies the need for our systems, which, incidentally, contain over half In the Asia-Pacific region alone, it is so-called modern technological world of the world's plant and animal species; estimated that 88 percent of original not to disregard the tremendous Mr. Speaker, I would especially commend forest lands have been destroyed. amount of knowledge that can be ob- the gentleman from Minnesota, Congressman H1514 CONGRESSIONAL RECORD — HOUSE March 25, 1998

BRUCE VENTO, for his amendments to the bill search and protection of the tropical rain for- as long-term treatment for diabetes. which recognizes the importance of tropical ests of Samoa and other regions of the world. Research by former Assistant Health forest plants for medical treatment of human By following the footsteps of native healers, Secretary Philip Lee found that every illnesses, and that native peoples who live in Dr. Cox perhaps best exemplifies the need for dollar invested in treatment for chemi- or near rain forests should be consulted, given our so-called modern technological world not cal dependency can save $7 in future their tremendous knowledge of plants that to disregard the tremendous amount of knowl- costs: medical costs, incarceration have medicinal value. edge that can be obtained from indigenous costs, social service costs, and so forth. Mr. Speaker, it is my understanding that peoples and their understanding of certain A Rutgers University study found during House floor deliberations, Congress- plants that have medicinal and healing value; that untreated alcoholics incur health man VENTO cited the outstanding work of Dr. What Dr. Cox is saying to us is that there is care costs that are 100 percent higher Paul Alan Cox, one of the finest much that our modern world can learn from than for treated alcoholics or alcohol- Ethnobotanists in the world today, and who is native cultures. ics. After treatment, Mr. Speaker, the especially noted for his studies and research Mr. Speaker, again I support the provisions days lost to illness, sickness claims, work in the South Pacific. of H.R. 2870, and I commend my colleagues and hospitalizations drop by one-half. I have known Dr. Cox for several years from for their endorsement and passage of this leg- A Brown University study found that his work in the Samoan Islands and through- islation. drug and alcohol treatment could re- out Polynesia, and I am extremely gratified duce crime by over 80 percent, and a f that Dr. Cox was honored by Time magazine Minnesota study, a study in my home as one of the world's top 10 medical scientists SPEAKER pro tempore. Under a pre- State of Minnesota, evaluated our in 1997. vious order of the House, the gentle- treatment programs and concluded Dr. Cox first came to Samoa in the early woman from North Carolina (Mrs. that Minnesota last year saved $22 mil- 1970s as a young Mormon missionary. He be- MYRICK) is recognized for 5 minutes. lion in health care costs because of came enchanted with Samoa and immersed (Mrs. MYRICK addressed the House. treatment. himself in the Samoan culture, learning to Her remarks will appear hereafter in Mr. Speaker, the facts are clear: read and write fluently in the Samoan lan- the Extensions of Remarks.) treatment works. Treatment is cost-ef- guage. After his departure from the islands to f fective. Assuring access to treatment obtain his doctorate degree from Harvard Uni- will not only combat this insidious dis- versity, Dr. Cox later joined the faculty at The SPEAKER pro tempore. Under a ease, but it will also save health care Brigham Young University in Provo, Utah. Dr. previous order of the House, the gentle- dollars. Cox is also the newly-appointed director of the woman from the District of Columbia As someone who stays very close to National Tropical Forestry Botanical Garden, (Ms. NORTON) is recognized for 5 min- other recovering people in Minnesota which is located on the island of Kauai, in the utes. and to treatment professionals in our State of Hawaii. (Ms. NORTON addressed the House. State, I have been alarmed by the In 1984, Dr. Cox, with his family, returned to Her remarks will appear hereafter in dwindling access to treatment in this Samoa to pursue his post-graduate studies of the Extensions of Remarks.) country. In fact, over the last decade, plants found in rain forests. The death of his f 50 percent of the treatment facilities in mother from cancer motivated Dr. Cox to America have closed. Even more search for new avenues outside of traditional PASS THE SUBSTANCE ABUSE alarming, over the last decade, 60 per- medicine for treating incurable diseases. Re- TREATMENT PARITY ACT NOW cent of the adolescent treatment cen- siding in the isolated village of Falealupo on The SPEAKER pro tempore. Under a ters in our country have closed. The the island of Savai'i, Dr. Cox initiated research previous order of the House, the gen- current system either blocks access for on how native Samoan healers utilized certain tleman from Minnesota (Mr. RAMSTAD) addicted people, or greatly limits their plants from the rain forest for medicinal pur- is recognized for 5 minutes. treatment experience. poses. Mr. RAMSTAD. Mr. Speaker, nearly It is time to put chemical depend- Over the years, traveling back and forth be- 26 million Americans are presently suf- ency on par with insurance coverage for other diseases. That is why I have tween Samoa and the U.S. to conduct re- fering from the ravages of drug and al- introduced the Substance Abuse Treat- search, Dr. Cox has discovered 74 medicinal cohol addiction. There is an epidemic ment Parity Act, H.R. 2409. This com- plants with the assistance of native Samoan in America, a national crisis of alcohol monsense and cost-effective legislation healers. Extracts from the leaves, bark and and drug addiction. One in 10 people in would expand access to treatment by roots of the rain forest plants have proven ef- the United States of America is ad- fective in treating illnesses from high fever to prohibiting health plans from imposing dicted to drugs and/or alcohol. appendicitis to asthma. In particular, one new limits on substance abuse coverage The statistics, Mr. Speaker, are abso- plantÐderived drug isolated by Dr. Cox, that are different from those require- lutely shocking. Alcoholism and drug Prostratin, holds the promise of a cure for ments for other health care services. addiction cost this country $90 billion AIDS. b 1845 Mr. Speaker, most of the Earth's 265,000 last year, in addition to even greater flowering plants are located in tropical regions, human costs: the shattered dreams; the All this bill does is provide parity for and less than one percent of these plants tragic deaths; the violent crime; bro- treatment of substance abuse. This have been tested for effectiveness against dis- ken families; shattered, broken lives. would remove barriers to substance ease. In continuing his work with native heal- Alcohol abuse alone last year killed abuse treatment without significantly ers, Dr. Cox hopes to find the answer to can- 100,000 people in this country. increasing health care premiums. In cer, alzheimer's and other incurable diseases A recent study by Columbia Univer- fact, we have all the empirical evidence in the rain forests of Samoa and the world. sity’s National Center on Addiction in the world, study after study to show However, the decimation of tropical forests lit- and Substance Abuse found that 80 per- that this is cost effective. In fact, one erally threatens to prevent the discovery of cent of American prisoners, 80 percent released just yesterday by the Sub- hundreds of new medical drugs. of the 1.2 million Americans locked up stance Abuse and Mental Health Serv- For his efforts to stop the destructive log- today, are there because of drugs or al- ices Administration shows how inex- ging of the rain forests of the island of Savai'i, cohol. pensive and cost effective this legisla- Dr. Paul Cox is greatly respected by the Sa- Mr. Speaker, as a recovering alco- tion is. That study, released yesterday, moan people. He has even been bestowed holic myself, I know firsthand the shows that the average health care pre- the Samoan Matai title of ``Nafanua'' by the vil- value of treatment for chemical addic- mium would only increase by two- lage elders of Falealupo on the island of tion. Mr. Speaker, I am here to speak tenths of 1 percent per month. So for Savai'i, as a token of appreciation for all that from personal experience that treat- the cost of a cup of coffee, $1.35 a he has done for the villagers, including the es- ment works. I ask my colleagues to month, we could treat 16 million Amer- tablishment of a 30,000 acre rain forest pre- consider the following facts that make icans who have insurance but are pres- serve and construction of a primary school for clear the effectiveness of treatment. ently being blocked from treatment be- the village children. A University of Pennsylvania study cause of these barriers, higher copay- Mr. Speaker, again I want to commend Dr. by Dr. Thomas McLellan found that ments higher deductibles, limited hos- Paul Cox for his life's work devoted to re- long-term treatment is just as effective pital stays, and so forth. March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1515 Mr. Speaker, Congress can take a big Brittney Lambie when the shooting County, Arkansas. Mr. Speaker, my step this year to knock down barriers began. Mrs. Thetford and Brittney re- wife Carolyn and I, and our children, to treatment. Just as the Civil Rights main in critical condition today. Eight send our heartfelt condolences and Act of 1964 tore down barriers to inte- more students were wounded in the prayers to the families and to the com- gration, just as the Americans with shooting: Amanda Barnes, Jennifer Ja- munity as a whole, as does the entire Disabilities Act tore down barriers for cobs, Candace Porter, Ashley Betts, staff of the offices of the First Congres- people with disabilities, this year we Tristan McGowan, Christina Amer, sional District. can knock down barriers to treatment Jenna Brooks, and Whitney Irving. We stand ready to assist in any way for people who are suffering the rav- Inevitably, tragedies produce heroes that we can and wish Godspeed to the ages of drug and alcohol addiction. We and there was no shortage of heroes people of Craighead County as we all can pass the Substance Abuse Treat- yesterday. In addition to teachers continue to deal with this horrifying ment Parity Act and make treatment Shannon Wright and Sara Thetford, tragedy. available for 16 million more Ameri- Sheriff Dale Haas and the Craighead f cans. County Sheriff’s Department, as well The SPEAKER pro tempore. Under a Mr. Speaker, let me just close by say- as the Arkansas State Police, did a previous order of the House, the gen- ing this is a life-or-death issue because commendable job of containing the tleman from Washington (Mr. chemical addiction is fatal if it is left scene and securing the surrounding HASTINGS) is recognized for 5 minutes. untreated. So, I urge my colleagues, areas. (Mr. HASTINGS of Washington ad- please join me in cosponsoring H.R. The emergency medical response dressed the House. His remarks will ap- 2409. teams in Jonesboro and Craighead pear hereafter in the Extensions of Re- f County, Emerson Ambulance Service, marks.) Patient Transfer Service, and Keller f OFFERING CONDOLENCES TO THE Ambulance Service, all showed great FAMILIES OF VICTIMS OF TRAG- professionalism under difficult cir- The SPEAKER pro tempore. Under a IC AMBUSH SHOOTING IN cumstances. previous order of the House, the gentle- CRAIGHEAD COUNTY, AR The paramedics and medical techni- woman from New York (Mrs. MCCAR- The SPEAKER pro tempore (Mr. cians from those three agencies worked THY) is recognized for 5 minutes. DEAL of Georgia). Under a previous together as a team and did a tremen- (Mrs. MCCARTHY of New York ad- order of the House, the gentleman from dous job of administering care to the dressed the House. Her remarks will Arkansas (Mr. BERRY) is recognized for victims. The doctors and staff of St. appear hereafter in the Extensions of 5 minutes. Bernard’s Regional Medical Center did Remarks.) Mr. BERRY. Mr. Speaker, I rise with an outstanding job of preparing them- f great reluctance to address this body selves for the chaos that entered the The SPEAKER pro tempore. Under a today. I am honored every time that I emergency room yesterday afternoon. previous order of the House, the gen- step into this Chamber, but this after- They have also done an outstanding job tleman from New Jersey (Mr. PAPPAS) noon to be here and to speak on a topic of keeping the community informed of is recognized for 5 minutes. that I am about to address, is the last the status of the survivors. (Mr. PAPPAS addressed the House. thing I want to do. I know that the families around His remarks will appear hereafter in Mr. Speaker, I rise tonight to eulo- Craighead County are thankful for the the Extensions of Remarks.) gize the lives of the five people, one many counselors and ministers from f woman and four little girls, who lost Jonesboro and from around the State The SPEAKER pro tempore. Under a their lives yesterday in the senseless who have offered their services to help previous order of the House, the gen- and tragic ambush shooting in the children of Westside cope with this tleman from Michigan (Mr. STUPAK) is Craighead County, Arkansas. I rise to horrible tragedy. The people in the recognized for 5 minutes. offer my condolences to the families of communities that make up Westside (Mr. STUPAK addressed the House. these victims and to those that were school district, Bono, Cash, and Egypt, His remarks will appear hereafter in injured and to the entire community as will look to each and to the Lord in the the Extensions of Remarks.) they struggle to make sense of the vio- wake of this tragedy. The fact that f lence that we never dreamed would be children were victimized in a place visited upon our State. where they should be safe makes this The SPEAKER pro tempore. Under a As nearly everyone in the country ordeal even more difficult to com- previous order of the House, the gentle- knows from the media reports that we prehend. woman from Indiana (Ms. CARSON) is have been receiving, yesterday after- We are all asking ‘‘Why?’’ Why did recognized for 5 minutes. noon someone pulled a fire alarm at these young lives have to be snuffed (Ms. CARSON addressed the House. Westside Middle School in Craighead out so senselessly? That answer may Her remarks will appear hereafter in County, Arkansas. As teachers and stu- never come, and as many have sug- the Extensions of Remarks.) dents evacuated the building, they gested, the answer may be beyond our f were greeted by a torrent of gunfire comprehension. Craighead County is a The SPEAKER pro tempore. Under a from nearby woods. wonderful place full of people who for previous order of the House, the gen- Among the victims is Shannon many, many years have worked to tleman from Kentucky (Mr. LEWIS) is Wright. Mrs. Wright was a 32-year-old strengthen their community. It is a recognized for 5 minutes. teacher who was shot while trying to place where traditional values, faith in (Mr. LEWIS of Kentucky addressed shield sixth grader Emma Pittman God, love of fellow man, and commit- the House. His remarks will appear from the hail of bullets. Mrs. Wright ment to family are the pillars upon hereafter in the Extensions of Re- died at 7:53 last night, following sur- which the community is built and the marks.) gery. Eleven-year-old Amber Vanover source of strength that they will have f told reporters what she saw: ‘‘He was to rely on now. fixing to shoot her, and Mrs. Wright As is often the case when the world TRANSPORTATION UPDATE moved in front of her.’’ seems turned upside down, the Bible The SPEAKER pro tempore. Under a Eleven-year-old Natalie Brooks also provides some solace. The 46th Psalm previous order of the House, the gen- lost her life. Paige Ann Herring and says, ‘‘God is our refuge and strength, tleman from Pennsylvania (Mr. FOX) is Stephanie Johnson, age 12, and Brit- a very present help in trouble. There- recognized for 5 minutes. tany Varner, age 11, had their lives fore we will not fear, though the earth Mr. FOX of Pennsylvania. Mr. Speak- taken from them. A heartbreaking loss be removed and the mountains be car- er, I join with the gentleman from Ar- for their families and friends. ried into the sea.’’ kansas (Mr. BERRY), my good friend, Sara Lynette Thetford, who teaches If there is any place on earth that is and all of our colleagues in wishing all social studies to Westside sixth grad- capable of dealing with a tragedy of the prayers to the First District of Ar- ers, stepped in front of 13-year-old this magnitude, that place is Craighead kansas and to all the families there, H1516 CONGRESSIONAL RECORD — HOUSE March 25, 1998 greatest sympathy and prayers for God the gentlewoman from Missouri (Ms. lot of rational demeanor, and above all, to help in every way he can from this DANNER) because she will be working principles, very solid principles that point forward. The gentleman from Ar- with us in a bipartisan fashion, to do never moved, the principles that got kansas knows that he has our support what we can, working with the air- the job done. in that endeavor. lines, military, and commercial air- b 1900 Mr. Speaker, in other action in the craft and their experts so that we can House this week, I wanted to make spe- make sure that airplane safety will be He was the right person in the right cial mention of the cooperation and the as safe as it can be, and to make sure place at the right time for this House, assistance in working together on an that the flying public have the con- and we all owe him a debt of gratitude and thanks for that very difficult as- outstanding new transportation bill fidence always, as they already have, signment. that would not have come without the that they will get the best. It turned out that STEVE’s work on outstanding leadership of the gen- f the Ethics Committee, ironically was tleman from Pennsylvania (Mr. SHU- REPORT ON RESOLUTION PROVID- one of his last high-profile accomplish- STER) and the gentleman from Min- ING FOR CONSIDERATION OF ments in Washington. And it was not nesota (Mr. OBERSTAR), ranking mem- something that he or any of us particu- ber, in crafting a piece of legislation H.R. 3310, SMALL BUSINESS PA- larly enjoyed. It was a duty, as with all which is historic in providing the road PERWORK REDUCTION ACT his duties, that he discharged with in- improvements, the mass transit assist- AMENDMENTS OF 1998 tegrity and accountability. I will say ance that is so important to all of our Mr. GOSS, from the Committee on that he was an inspiration for all of us municipalities, cities, and towns all Rules, submitted a privileged report during those long and frustrating hours across the United States. (Rept. No. 105–466) on the resolution (H. I know from my district that roads Res. 396) providing for consideration of and days and weeks. And it was a time, need to be improved and mass transit the bill (H.R. 3310) to amend chapter 35 incidentally, when he was sick and we systems can be made to be better in of title 44, United States Code, for the did not know it. And all through that period this was many ways. I am especially grateful for purpose of facilitating compliance by true. For his entire public service ca- the approval by the committee of a small businesses with certain Federal reer, STEVE ably and thoughtfully rep- new system which would be the paperwork requirements, and to estab- resented the people of New Mexico’s Schuylkill Valley Metro, the first new lish a task force to examine the fea- First Congressional District. It is quite transit system in many years in our sibility of streamlining paperwork re- a record and a great legacy. State, and one of the first new ones in quirements applicable to small busi- I am honored to have served with our region of the United States. This nesses, which was referred to the House STEVE. I will miss him. I extend my Schuylkill Valley Metro will go from Calendar and ordered to be printed. deepest sympathy to his family. Philadelphia to Reading, and help peo- f f ple who now find themselves in grid- REMEMBERING CONGRESSMAN lock on a major highway to now have TREATY OF GUADALUPE HIDALGO STEVE SCHIFF safe, convenient transit once we have The SPEAKER pro tempore. Under finished the appropriations process. The SPEAKER pro tempore. Under a the Speaker’s announced policy of Jan- I also wanted to bring to the atten- previous order of the House, the gen- uary 7, 1997, the gentleman from Colo- tion of my colleagues tonight another tleman from Florida (Mr. GOSS) is rec- rado (Mr. BOB SCHAFFER) is recognized related transportation matter. As the ognized for 5 minutes. for 60 minutes as the designee of the lead person in the House on the Results Mr. GOSS. Mr. Speaker, it is with majority leader. Caucus with regard to the Federal great sadness that I learned this Mr. BOB SCHAFFER of Colorado. Aviation Administration, I am working evening of the death of my friend, my Mr. Speaker, this evening the freshmen with my colleagues on both sides of the congressional classmate, and my col- Republican class takes to the floor to aisle to adopt legislation which will league, STEVE SCHIFF. His family and spend a little time during this special improve their safety, not the least of close friends in New Mexico and across order to discuss various issues that we which would be to require the child the country are certainly all in our have been focusing on as individual safety seats on airplanes, which will prayers. Members and as a group, 34 Members make sure that we keep our children as Mr. Speaker, I wanted to speak brief- strong. safe in an airplane as we do in our vehi- ly about this. I was not able to be here We spent a lot of time in our home cles. Most of all, protection for air- during the memorial resolution be- districts holding town meetings, sur- plane employees, to make sure that the cause of the duties of the Committee veying our constituents and focusing defects that are present can be re- on Rules. I think it is important that on the topics that we believe our con- ported more easily so that the changes those of us who knew STEVE well have stituents have sent us here to rep- can be forthcoming, and to allow our an opportunity to reflect, even briefly. resent. Joining me this evening is the airline staff on the planes to have STEVE possessed a trait in Washing- gentleman from New Mexico (Mr. defibrillators so that those who are on ton that is all too rare. His word was REDMOND), who has been fighting very long trips can get all the medical at- simply as good as gold. He was cer- vigorously for some property rights tention they need prior to going to a tainly one of the most conscientious issues in his district. hospital for further care. Members I have every worked with. He At this point, Mr. Speaker, I would These are three important bills mov- was responsible, hardworking, and I like to recognize and turn some of our ing through the House, hopefully with think he made an extraordinary con- time over to the gentleman from the as much speed as possible. I will con- tribution to every project that he par- State of New Mexico to talk about his tinue my efforts, working with like- ticipated in. legislation, House Resolution 2538, minded colleagues on collision avoid- I know he was very well regarded by which would establish a presidential ance systems, improved air traffic con- his colleagues. That was certainly one commission to determine the validity trol, and increased use of the Doppler of the reasons why he was asked to of certain land claims arising out the radar to make sure that those who fly take on the difficult services of a job in Treaty of Guadalupe Hidalgo from 1848. the planes can avoid wind shear and to the Committee on Standards of Official Mr. REDMOND. Mr. Speaker, I appre- make sure our skies are as safe as pos- Conduct, a responsibility that I shared ciate the time to share with the House sible so that the transit of our con- with him during one of perhaps the of Representatives today a portion of stituents can be that which we want it most tumultuous episodes in this history that many people have forgot- to be, the safest in the world. House’s recent history. ten. This is a story, a story of a people Mr. Speaker, I look forward to work- In his work of the House to resolve who settled in the American Southwest ing with the gentleman from Pennsyl- what I would call difficult and sen- many years before the pilgrims landed vania (Mr. SHUSTER), our chairman, the sitive matters, STEVE proved to have at Plymouth Rock. gentleman from Tennessee (Mr. DUN- necessary skills: experience, judgment, The story has been forgotten by most CAN), our subcommittee chairman, and guidance, a good shoulder to lean on, a Americans, but it lives on. It is a story March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1517 that lives on in the daily lives of many United States, as defined by the present Americans to remember the solemn- hard-working people in New Mexico in treaty, shall be free to continue where they ness of this treaty which we entered my congressional district. It lives on in now reside, or to remove at any time to the into with those who had hope of becom- the daily traditions and the way of life. Mexican Republic, retaining the property ing American citizens and promised which they possess in the said territories, or And it is a life-style that we are seek- disposing thereof and removing the proceeds that they would maintain all of the ing to enhance and to preserve. wherever they please; without their being rights of American citizens. And so tonight, Mr. Speaker, I stand subjected, on this account, to any contribu- So I encourage all Americans to here for my constituents to tell the tion, tax, or charge whatever. learn and to remember the Treaty of story of the Treaty of Guadalupe Those who shall prefer to remain in the Guadalupe Hidalgo and to do justice in Hildago, a story, as I stated earlier, said territories may either retain the title accordance with the Treaty. Mr. Speaker, that most Americans are and rights of Mexican citizens or acquire Mr. BOB SCHAFFER of Colorado. not aware of. those of citizens of the rights of the United Mr. Speaker, reclaiming my time, I am States, but they shall be under the obliga- curious just in terms of a 150-year-old In 1846 there was a war between the tion to make their election within one year United States and Mexico. The United from the time of the dates of exchange of treaty that has come up now, what States won that war, the Mexican- ratification of this treaty; and those who happened to it in those 150 years? Why American War, and at the end of the shall remain in the said territories after the were we not talking about the treaty 10 war, there was a treaty that was expiration of that year, without having de- years, 20 years, 30 years ago? Why has signed. The title of the treaty has a clared their intention to retain the character it now become an issue that has come beautiful name to it. The name of the of Mexicans, shall be considered to have to the floor and we are considering leg- treaty is the Treaty of Peace, Friend- elected to become citizens of the United islation which is supported by a great States. In the said territories, property of many members of the freshman class ship, Limits, and Settlement. It is every kind, now belonging to Mexicans not called the Treaty of Guadalupe established there, shall be inviolably re- and other Members of the Congress, as Hildago. spected. The present owners, the heirs of well? It was signed on February 2, 1848. these, and the Mexicans who may hereafter Mr. REDMOND. If the gentleman And in that treaty, the residents of the acquire said property by contract, shall would continue to yield, basically the territory that became New Mexico and enjoy with respect to it, guaranties equally treaty was put on the shelf. It collected became the State of New Mexico in ample as if the same belonged to the citizens a lot of dust. But, as I said, here in this that treaty, the people that lived in of the United States. city this treaty was forgotten, but it that area, they had a choice, as in Article IX: was never forgotten in the minds and America we allow individuals a choice; The Mexicans who, in the territories afore- hearts and in the daily lives of the citi- and the choice that the residents had said, shall not preserve the character of citi- zens of the State of New Mexico. was the choice to move south of the zens of the Mexican Republic, conformably The treaty is very much alive. This border to old Mexico and to retain with what is stipulated in the preceding Ar- treaty was the basis for the Native ticle, shall be incorporated into the Union of American Land Claims Commission their citizenship as Mexican citizens or the United States and admitted as soon as to remain north of the border and to possible according to the principles of the during the 1940s and the 1950s and 1960s. embrace an American way of life of Federal Constitution, to the enjoyment of all There are times it has been pulled off freedom and a Constitution that guar- rights of citizens of the United States. In the the shelf and utilized. But at this par- anteed those rights. meantime, they shall be maintained and pro- ticular time, what we are focusing on So, with high hopes, the residents of tected in the enjoyment of their liberty, in this new piece of legislation are New Mexico, many of them chose to their property, and the civil rights now vest- those pieces of lands that are known as stay behind to become citizens of the ed in them according to the Mexican laws. land grants. With respect to political rights their condi- United States of America; and in the Many people in the Midwest would tion shall be on an equality with that of the have known them as homesteads. We treaty, it stated very specifically cer- inhabitants of the other territories of the tain rights that would be guaranteed to United States and at least as good as the in- have friends that live in the Midwest those who stayed behind. And so the habitants of Louisiana, the Floridas, when that are corn farmers and bean farmers hope of greater freedom, an oppor- these provinces, by transfer from the French and wheat farmers, and they came by tunity, was embraced by those resi- Republic and the Crown of Spain, became their land through a document. Some dents. And the treaty begins like this: territories of the United States. documents were signed by President The same most ample guaranty shall be In the name of Almighty God: Martin Van Buren and other Presidents enjoyed by all ecclesiastic and religious cor- The United States of America, and the of the United States, and they received porations or communities, as well in the dis- United Mexican States, animated by a sin- charge of the offices of their ministry, as in guaranties from the government that if cere desire to put an end to the calamities of the enjoyment of their property of every they were to move into a particular war which unhappily exist between the two kind, whether individuals or corporate. This area of land and build a house, build a Republics, and to establish upon a solid basis guaranty shall embrace all temples, houses barn, settling that area, that they relations of peace and friendship, which shall and edifices dedicated to the Roman Catholic confer reciprocal benefits upon the citizens could stake a claim and that land be- worship; as well as all property destined to of both and assure the concord, harmony, came their private land. its support or to that of schools, hospitals, and mutual confidence wherein the two peo- Nobody would ever think of going and other foundations for charitable or be- ples should live as good neighbors, have for into Iowa or Illinois or Indiana and neficent purposes. No property of this nature that purpose appointed telling farmers that they could keep shall be considered as having become the representatives and those representa- property of the American Government, or as their barns, that they could keep their tives mutually came together with the subject to be, by it, disposed of or diverted to house, their corral, their feedlots, but stipulations of the treaty. other uses. that their fields now become Federal This evening, Mr. Speaker, I am Finally, the relations and communication property. But this is what happened in going to read two small articles that between the Catholics living in the terri- New Mexico. are very important for the legislation tories aforesaid and their respective ecclesi- The law was just slightly different, astical authorities, shall be open, free, and that will be considered in a short time because under Hispanic law, they rec- exempt from all hindrance whatever, even ognized not only individual home- here in the House of Representatives. although such authorities shall reside within But these two articles are very, very the limits of the Mexican Republic, as de- steads, or land grants, as they were important because these were the polar fined by this treaty; and this freedom shall called, but it also recognized the estab- stars on which the Hispanics in New continue, so long as a new demarcation of ec- lishment of communities and munici- Mexico stayed behind and they chose clesiastical districts shall not have been palities. So, according to law under the to become citizens of the United made, conformably with the laws of the Spanish Crown, it was required that 10 States. Roman Catholic Church. families move together to an area to This is Article VIII I will begin with. I ask, Mr. Speaker, all Americans to create a village, to create a community Article VIII says, remember and to learn on this, the on the frontier of the Hispanic Empire, Mexicans now established in territories Quatrocentenario; and also the 150th and it was necessary to have 10 fami- previously belonging to Mexico, and which anniversary of the signing of the Trea- lies to have what was called a commu- remain for future within the limits of the ty of Guadalupe Hidalgo, I ask for all nity land grant. H1518 CONGRESSIONAL RECORD — HOUSE March 25, 1998 It was communal in the sense that did not adequately file claims and pat- and in the case for those lands that are they shared a common land, but it was ents according to the American law be- now occupied by other individuals who private in the sense that only those 10 cause they were just unaware of it. have purchased those lands, what we families and their heirs had title to Mr. BOB SCHAFFER of Colorado. believe should be done is that the Fed- that land. They were public lands, but Mr. Speaker, I would like the gen- eral Government should identify some they were public only for those imme- tleman to talk if he would, if he would other land in the government inven- diate families. They were not public for not mind answering more questions tory, because the government did not people in the land grant next to them about the bill, because these are ques- protect these rights and that that land or further down the road or someplace tions that I think occur to most folks be swapped out for equal value, not else in the State of New Mexico. They who take a general look at the bill. Be- equal acreage, because many of the were not public to other States. They fore I ask a couple of more, I would acres that were taken from the His- were public and common only to the point out in my district in Colorado, panic families was very beautiful, min- original families. Colorado State University is the larg- eral rich, timber rich, wildlife rich, and Mr. BOB SCHAFFER of Colorado. est higher ed institution in my con- to trade off for an area that they could And what happened over that period of gressional district. There is a professor not graze their cattle would not be jus- time, the Federal Government, as I un- there who has been holding seminars tice. That would be adding insult to in- derstand, has come to lay claim to recently and giving public discussions jury. So if it is impossible, for in- most of that land and manages much of about the Treaty of Guadalupe Hi- stance, there are some cases where the land today either under the Bureau dalgo. We had contacted him recently there are whole towns and commu- of Land Management or through the and asked him just about your bill and nities that have grown up in the middle Forest Service or other various Fed- about some of the events that are oc- of these land rights, where we cannot eral, and sometimes, I suppose, State curring, the Speaker of the House, for just give a whole town and a city and and local entities, as well, are in pos- example, coming to the gentleman’s community away. session of those lands today. district to talk with many of his con- Mr. BOB SCHAFFER of Colorado. How was it that the Federal Govern- stituents about this issue. The Speaker For the gentleman and I who reside out ment became the primary manager of termed these events that the gen- in the West, these issues of property those lands today? tleman has initiated here in Congress rights and public lands, lands manage- Mr. REDMOND. Well, the land grants as revolutionary, that was the word he ment in general, public or private, are that were lost to the Federal Govern- had used, and spoke very clearly about routine discussions. For those who are ment, to the inventory of government the absolute validity of the treaty. not familiar with the claims made land, were lost in various ways. There Most of these lands are today man- under the Treaty of Guadalupe Hidalgo is not a single way in which the land aged by various public entities, pri- and other debates and discussions that was lost. But let me give my colleague marily the Federal Government, some- have ensued over the years, this may an example. times other public entities. In some seem a new issue. It really is not as the When New Mexico became a terri- cases these lands are now owned by pri- gentleman has expressed. But it is a tory, the economy of New Mexico was vate landowners. That is the minority relatively new issue in recent years for basically a barter economy. It did not of cases, but that does exist on some of this Congress. In fact, the people of his operate on a cash basis like the States these lands. How might the treaty af- constituency have been discussing the in the East. And so what happened was, fect those who are private landowners issues, a terribly important one politi- when taxes were levied, quite often today and maybe purchased the land or cally, culturally and so on in New Mex- against the Hispanics, which, by the obtained it legally in some way? How ico and throughout the West, not just way, at the time that the Treaty of are they going to be treated as this bill New Mexico. It really was the gen- Guadalupe Hidalgo was signed, many of moves forward? tleman from New Mexico who brought the families had occupied the land al- Mr. REDMOND. It is important that this issue to the attention of the full most 300 years. So if we can imagine a we do not create two wrongs and be- Congress and really revived this topic farmer in the Midwest owning a farm lieve that we are going to make a right here in Washington. for 300 years and then all of a sudden out of this. It is very important that Mr. Speaker, I just want to take a the government coming and saying, we honor the treaty and we also go be- second or two here and commend the ‘‘You can no longer own this’’ after you yond just honoring those passages that gentleman for having the courage to have many generations that have in- talk about the right to private prop- stand forward and bring an issue to vested in that piece of real estate. erty. But in the treaty it is very spe- Congress that his constituents have cific that those Hispanics that stayed been talking about and been concerned b 1915 behind to become American citizens, about for many, many years and for Basically what happened in many that they had full rights as American the right and obvious reasons, his con- cases is that because they did not un- citizens, which includes the Fifth stituents decided to send him here to derstand the English language at the Amendment, the right to private prop- Congress. I commend them for that as time, because they did not understand erty, and since it is the Federal Gov- well, and have really empowered him the English law because American law ernment that did not honor and protect to raise their voice here on the House is based on British common law, which that right, it is imperative that the floor. It is an issue that has not been was different from Spanish common Federal Government come in and re- raised for quite a long time, he has law, that many of the folks just did not store that right to the fullest sense done it, I think it is a wonderful state- understand what their obligations were possible. ment on behalf of the people in New to their new government and so taxes I parallel this to, for instance, slav- Mexico and those in his constituency. were levied and many times the notice ery. Some people are saying, why are Mr. REDMOND. I appreciate that. of taxation was never sent or sent in a you dealing with an issue that is 150 But I think the bottom line, we need to very incomplete way, or sent in years old? If we still had slavery today, recognize that this is not about land. English and they could not read it. You if the Civil War was not successful in This is about the integrity of the insti- have to remember that this area was a eradicating slavery in America, I doubt tution of the government of the United conquered area. We gained this terri- there would be a single Member in this States that stands forward and very tory as a result of the Mexican-Amer- Chamber that would vote for the insti- boldly says that we hold these truths ican War, so it was a conquered area, tution of slavery. Just because some- to be self-evident, that all men are cre- so there was no preparation in terms of thing has been on the table for a long ated equal and they are endowed by engagement with Washington and the time, you do not use the calendar and their Creator with certain unalienable East Coast culturally, monetarily, eco- the clock to determine what is right rights. In this case, the Federal Gov- nomically, and so often people lost and what is wrong. In this particular ernment did not stand up to the plate their land because they did not know case, I believe that the Federal Govern- and bat on behalf of the citizens of the that tax was due to the government. ment should step up to the plate, se- Territory of New Mexico and the citi- Often they lost their land because they cure the justice for these individuals, zens of the State of New Mexico. And March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1519 so this is not about land, this is about essary to establish the documentation, bill, I asked them is this what you the integrity of our institution, of a and at that particular point we will be want, and there were some changes. free, democratic-republican form of making a recommendation, the com- They made the changes. We have a cou- government, a representative form of mission will be making a recommenda- ple of changes we would still like to government where people have their tion to the President of the United make and mark up, but this is truly a voice heard. The voices of these people States and to this body, the House and bill of the people, for the people, by the have been silenced for almost 150 years. the Senate, for a final solution for this people. It is remarkable to see first- I am determined to in this institution particular situation. hand how our form of government let their voices ring all the way from Mr. BOB SCHAFFER of Colorado. works. I believe that it is very impor- New Mexico to this institution. We will The Speaker was recently in your dis- tant that this needs to be grassroots, not rest until justice is done. trict talking about a number of issues from the bottom up and not from the This issue is about who we are as an and visiting town meetings and so on, top down. American people, because many people but this issue came up quite a lot. Mr. BOB SCHAFFER of Colorado. sitting across the Nation, say from What was the Speaker’s visit like? That is a theme, if I can kind of move Washington State down to Florida and Mr. REDMOND. Basically the Speak- to a broader set of philosophical dif- New York, Chicago, they might say er met with maybe 100 to 200 of the ferences that separate you and I as Re- that this does not deal with me. I am heirs of the land grant, the original publicans from the other side as Demo- here to tell you that it does deal with land grant. They presented to him ap- crats typically. What we see here in you, because if the Federal Govern- proximately 3,000 signatures from the Washington as a Republican freshman ment at one point in the history of our heirs of the land grants. The Speaker class, we reflect often about the kinds great Nation can violate the right of was very clear. Of course he is a histo- of things we are hearing back home in private property for a minority of peo- rian, doctorate in history, so being a our town meetings, we share informa- ple, if it has been done once, that sets history buff, he was very intrigued tion about the surveys that we send the precedent for this government to with the injustice that was done and he out to our constituents to get their do it again. That is in direct violation mentioned it as such, he mentioned it opinions about issues, and share ideas of the Fifth Amendment. was injustice. We have the full support on how we can be effective as Members Mr. BOB SCHAFFER of Colorado. of the leadership of the House of Rep- of Congress by involving our constitu- The gentleman has spoken in a very resentatives. He received the petitions, encies in the law making process, in es- general and broad way about the whole he has those petitions. Our office has a tablishing an agenda for our districts issue, the history of the treaty and copy of those petitions. He is commit- and ultimately for the country. what has occurred since then. Let me ted to working with myself, the rest of This is kind of a typical thing for us go specifically to his bill, H.R. 2538. the New Mexico delegation and the co- as a small group. It is not that typical First, let me say the gentleman has sponsors of this bill to see it passes as in Washington in general. I think it worked tirelessly to describe the bill to soon as possible. really captures what he has done in Members of Congress, to make them fa- Mr. BOB SCHAFFER of Colorado. bringing this bill to us, and the manner miliar with it, make every Member of Earlier today at one of the freshman in which you have galvanized support Congress familiar with the concerns of Republican meetings, you brought the for it back home really is remarkable. his constituents and the issue. This bill issue up again and addressed the class At least for me, you and our group in- calls for more study. It does not answer on the topic and also brought some of spire real confidence in this process the question on how to deal with the your constituents with you as well who and how well it can work if the right treaty just yet. It is obvious that it are here from your home State work- people are in charge and empowered to proposes some very perplexing prob- ing on the legislation. I want you to re- come back here and take the real role lems in resolving many of these owner- mind me who they were and tell our of representative democracy in a re- ship and management issues, but his colleagues about those individuals and publican form of government to Wash- bill establishes a presidential commis- their work here in Washington and ington. Because you are right. Seeing sion to study the issue and make rec- what they are trying to accomplish. citizens, taxpayers, local leaders com- ommendations back to Congress on Mr. REDMOND. We have two distin- ing here to Congress, drafting their what to do next. Tell us a little bit guished guests with us here in Wash- own bill, presenting their arguments, more about just the process of what ington that will testify tomorrow be- and empowering their Congressmen to happens after your bill passes. fore the subcommittee. The first is introduce it and come to the floor here Mr. REDMOND. Basically we are kind of the leader of the people of the tonight and other days, as you have, to looking for a 5-year commission. We land grants. He is a leader of the land speak about it is an inspiring occasion. want to establish a research center grant farmers. He has put many, many And I just want you to know I have north of the City of Espanola in Rio years into the program, bringing the been struck that way personally, and Arriba County in my congressional dis- people and the land grants together. wish you very well on moving that leg- trict at the de Onate Center, Don Juan His name is Roberto Mondragon, islation forward. de Onate. Basically what we will do is former lieutenant governor of the Any final thoughts or comments on that individuals who believe that they State of New Mexico. He is here to tes- the bill? have a valid claim can step forward tify on behalf of la gente, the people, de b with other individuals from their same norte, the people of the north, which is 1930 land grant. They would present the our congressional district. He has Mr. REDMOND. Well I would just documentation and we would work brought with him Robert Torres, who say, I would just encourage as many with them on the reconstruction of the is the State historian. We will be re- Members as possible to cosign on to the documentation. Some of the docu- ceiving testimony tomorrow not only bill. It is a bill 2538; it is called the mentation exists in the State of New from myself as their representative but Treaty of Guadalupe Hidalgo Land Mexico. Some of the documentation ex- also testimony from the people of New Grant Claims Commission, and it in- ists in Mexico City. Some of the docu- Mexico that deal directly with this deed is a bill written by the people, for mentation exists in Spain. There is issue and the State historian. the people. And we are looking forward quite a bit of research that is going to Mr. BOB SCHAFFER of Colorado. to having that come before this body, have to go into this project. We want They are going to testify tomorrow, as hopefully within the next 30 to 60 days, the heirs, according to the treaty, to I understand? for final passage, and then we can send receive their land, but we also do not Mr. REDMOND. They will be testify- it to the other body and they can con- want individuals filing fraudulent ing tomorrow. This bill is truly a peo- sider it and hopefully get it on the claims and acquiring land that does ple bill. We had a rough draft of the President’s desk as soon as possible. I not rightly belong to them. bill, we took it to the community. would like to see this become a reality The commission is a 5-year commis- There were about 100, 150 land grant for the people of New Mexico. sion, it is going to take minimally 5 heirs that met at the de Onate Center One hundred fifty years is a long years to do the research that is nec- north of Espanola. They looked at the time to wait for justice to be done, and H1520 CONGRESSIONAL RECORD — HOUSE March 25, 1998 I believe that the Members of this body prior to coming to the United States ation of vast new bureaucracies that are committed to seeing that justice is Congress, I was a practicing physician. would have to monitor the entire in- done. And so I call upon all my col- I practiced internal medicine, specifi- dustry. It will allow managed care to leagues to not only vote for the bill, cally general internal medicine. I took continue, but it places reasonable re- but to be proactive and to sign on to care of a lot of senior citizens, people strictions on managed care restrictions the bill, and as we say in New Mexico, on Medicare. I took care of a lot of peo- that I would like to point out will taking off of the first line of the Treaty ple with chronic illnesses, diabetes, ar- serve well to maintain quality. of Guadalupe Hidalgo again, for those thritis. I practiced for 8 years in pri- Most of the provisions in my legisla- that might be joining us, the Treaty of vate practice. Prior to that, I had prac- tion are provisions that were voted on Peace, Friendship, Limits and Settle- ticed in the army. And in private prac- in this body previously and passed ment, signed between the Government tice, I had the opportunity to do some overwhelmingly by this body, by the of the United States of America and managed care, and I have to say that I Senate, and signed by the President. the United Mexican States on February have seen the good side and the bad Specifically, these are all provisions 2, 1848. side of managed care, I have seen the that we already placed on the Medicare The treaty begins, ‘‘In the name of good side and the bad side of standard plan, and some of the provisions as well Almighty God:’’ And I would just like fee-for-service medical care, and there are already preexisting within Ken- to end my portion today, as we would really is no perfect system. Any system nedy-Kassebaum legislation that was in New Mexico, saying thanks to God: has its good points and its bad points, passed last year. Gracias a Dios. but clearly today in America we are I think this bill will go a long way to Mr. BOB SCHAFFER of Colorado. seeing a trend that I think is very dan- deal with many of the problems and Also joining us tonight is the Congress- gerous. It is a trend within the man- the frustrations that we see today in man from the State of Florida (Mr. aged care industry to compromise qual- the health care marketplace. We all WELDON), and Mr. WELDON is not a ity for the sake of saving the bottom know that there are many excesses member of the freshman class, but we line; in other words, putting dollars within the managed care plans that will make him an honorary one to- ahead of patients, and I think that is exist out there. night. He has 2 years’ advantage on the wrong. I was reminded recently, as a physi- rest of us in terms of seniority. In particular, there are some man- cian I still practice occasionally, and I But you know, Mr. WELDON, before I aged care entities that are compromis- spoke to a nurse not too long ago who yield time to you, I just want to say ing quality so much for the sake of was complaining to me that her moth- that we view our role as a freshman profits that it is putting pressure on er, elderly mother who lived in another class as one of raising a number of some of the honest and well-run man- State, not in Florida, who was enrolled issues and providing a number of op- aged care entities. And this country in a managed care plan, had fallen and portunities and actually exercising a has many things about it that makes it broken her nose. She could not breathe certain amount of leadership in the great, and I cannot within the confines through her nose when lying down, so Congress as a whole. And when we see of the time yielded, describe all of she had to sleep sitting up. And the people who have come here at different those things. But one of those things, managed care entity was refusing to times than we have, that are doing as we all know, is that we have the best pay for fixing this problem, it is called great things and moving forward on health care system in the world, the a rhinoplasty, claiming that it was cos- issues that are important to the whole best quality health care, the most in- metic surgery on an elderly lady. Clearly, this was totally inappropriate. country, our goal is not to reinvent the novative care. So this piece of legisla- Fortunately, the managed care entity wheel; we want to help where we can tion, the Patient Choice and Access to relented and finally paid for the help and place the greatest amount of Quality Health Care Act, is a reason- effort to move our great country for- rhinoplasty. able proposal, I think, to rein in some Now this is a minor incident, and I ward and exert the kind of leadership of the excesses of the managed care in- can tell you that I have heard much, that I think the American people ex- dustry. much worse cases. Indeed, there are pect of us. Specifically, the bill has provisions cases out there where people have suf- And with that, let me turn some time that assures adequate access to spe- fered severe harm as a consequence of over to you to explain the legislation cialty care for in-network care; also denial of appropriate medical care which you have just introduced today, some provisions for grievance for en- within managed care entities, includ- as I understand it. rollees. Also, there are provisions re- ing cases where there have been deaths. Mr. WELDON of Florida. Yes, that is quired of the plan to notify the enroll- So in my opinion, legislation is long right, and I want to thank you for ees when they are enrolling of what re- overdue, and this piece of legislation yielding to me, and I certainly want to strictions they may have on access to that I am putting forward is a reason- commend you and the other Members various types of specialists. Impor- able proposal, it is a bipartisan pro- of the freshman class of the 105th Con- tantly, there is a provision that places posal, and I would encourage all my gress for the leadership roles you have restrictions on health care providers colleagues to look at this legislation, been taking. And in listening to the being provided financial incentives not and I encourage all my colleagues to discussion tonight, the gentleman from to refer patients. We have provisions in sign on to it. New Mexico, I think, is representing existing Medicare law prohibiting Mr. BOB SCHAFFER of Colorado. As his district very well, and likewise I plans from allowing doctors to get my colleague knows, he mentioned at think the people of Colorado have been extra money for referring patients, but the outset of his comments that there well served by many of the initiatives we do not have any provisions that pre- are good HMOs and there are those that you have been putting forward. vent plans from giving doctors money that seem to be prone on occasion to And I think freshmen, they are fresh, for not referring patients, and in this various abuses and failure to comply and we always need a fresh look around legislation we limit that or we prohibit with the contractual agreements that here. This place can get pretty stale at that specifically. they have established for themselves times, and getting people coming in We also have a provision in here, a and their clients. from the marketplace, from the out- so-called gag prohibition against gag With respect to the bill and this side world coming in, I think is a very clauses that would allow doctors to grievance process and complaint proc- good thing. freely communicate with their pa- ess, there are good examples out in the I thank you for yielding. I wanted to tients. There is also an out-of-network free market right now, there are good talk a little bit about a piece of legisla- provision, where if patients choose to, examples of HMOs that have a good tion that I introduced today, along they can exercise that option and the grievance process. This bill moves us with my good friend and colleague, the plans will be allowed to charge patients toward allowing those kinds of ques- gentleman from Ohio (SHERROD extra for going outside the plan. tions and concerns to be aired in a BROWN), the Patient Choice and Access This is a very, very reasonable piece timely manner. to Quality Health Care Act of 1998, H.R. of legislation. It is a bipartisan piece of Mr. WELDON of Florida. The bill re- 3547. As most of my colleagues know, legislation. It does not require the cre- quires that all managed care entities March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1521 set up a grievance committee, and it when I graduated from medical school. tooth that requires surgery and anti- should be, it can be made up of people, We have seen a corruption of those biotics. He gets them all ready to be doctors that are in the plan, adminis- basic fundamental principles in the admitted to the hospital. He gets them trators that are in the plan, but it also health care marketplace. all ready to be admitted to the hos- calls for patients to be enrolled or pa- I think this legislation is something pital. He gets them prepped and every- tients in the grievance committee and, that you would want to support. I en- thing, and they discover the managed as well, people who are outside the courage you to look at it, and I would care plan that that person signed onto plan. encourage you to sign on. requires that they travel to another And you know, I have an aunt and Mr. BOB SCHAFFER of Colorado. city 60 miles away to see another doc- uncle up in New York who have been in Well, purchasing these insurance prod- tor who they have never seen before. a managed care plan all their adult ucts, being enrolled in an HMO is some- What my bill says, they can still do life. They love it, they think it is won- thing that consumers need to spend a that. The managed care plan can do derful. It is a well-run plan, the best lot of time on, because you can make that. They just have to inform the en- that I can determine. So when you say bad choices. The appeal of low pre- rollees. I call them patients, but in in- there are good managed care plans, miums often comes at the expense of, surance language, you call them enroll- there are. as you mentioned, reduced service. ees. Inform the enrollees that those are But I will tell you that some of the Just from a business perspective in the prohibitions, the restrictions on good managed care plans are being managing a cash flow, if you are oper- them in this plan so that they know. squeezed by the unscrupulous managed ating on fewer revenues and fewer dol- I think that will be better, actually, care plans who will frequently come lars and doing so to maintain that for the managed care plans. I think into a community, low-ball prices, sign competitive edge, frequently that that they will get fewer complaints. I people up, put pressure on those good comes at the expense, of from a con- think they will have enrollees who are plans to reduce their prices or they will sumer’s perspective, of strategies of better understanding of the plan and go out of business. And how do they do delay. They see nontreatment of var- hopefully better satisfied. that? Well, how do those unscrupulous ious ailments that they thought might I think my bill is not only good for plans do that? Well, they deny services, have been covered. patients, it is good for the managed is typically what they do. They deny You really need to read those policies care industry as well. It is going to access to specialists. very, very closely. There is nothing place good, reasonable restrictions. It And might I also add, I am a primary wrong with buying a cheap policy if is going to help the managed care in- care provider. I still see patients about that is what you want, if you are will- dustry to clean up its act. ing to deal with the consequences of in- once a month, and I used to refer. Mr. Speaker, I thank the gentleman adequate care. When I was practicing medicine, I used very much for yielding me the time. I do not think your bill prohibits to refer probably, maybe 10 times a day Mr. BOB SCHAFFER of Colorado. I would refer somebody do a specialist. that, but it certainly says that the pa- tients and customers ought to be fully The gentleman from Florida’s exper- But I saw 30 to 40 people a day, and I tise as a physician is very valuable to prided myself in taking care of my pa- knowledgeable about and fully apprised of what they are purchasing, the exact all Members of Congress, and we seek tients and not referring them all out to that wisdom and guidance routinely. I specialists. terms, the exact limitations that may occur, so that they know that the pol- appreciate your leadership here to- This piece of legislation is not to pro- night. tect specialists, but when I needed to, I icy that they hold is exactly what they We have got less than 10 minutes left, referred those patients to specialists pay for. and I want to change subjects real for one and only one reason: because it Mr. WELDON of Florida. Well, in the quick, because another great leader of was in the best interests of those pa- legislation, we have a provision that the Congress is with us tonight, also tients, because they had a problem, requires that before they enroll, they not a freshman, but an honorary one at they had a condition that I as a general have to be counseled regarding any the moment, and we will make him so. internist could not handle. limitations on access to specialists, That is the gentleman from Michigan What is wrong is when we provide fi- any out-of-pocket expenses that are as- (Mr. SMITH), who has been providing a nancial incentives, which is what some sociated with going outside the plan. lot of leadership and guidance with re- of these plans are doing, to doctors to There is a whole list of requirements. spect to balancing our budget, one of not refer because that compromises the This is basically informed consent, as our key themes and objectives that we doctor-patient relationship. The pa- far as I am concerned. I was not a sur- are trying to achieve as a Republican tient comes in to see the doctor; there geon. I was a general internist, so I did Congress. should only be one thing on that doc- not do a lot of procedures, but I did a It is quite a difficult balance when we tor’s mind: What is best for that pa- few. I would take some skin lesions off, have a number of programs that we tient? And if there is a financial incen- and I do do some other procedures. need to manage. We want to save So- tive for him not to refer, then that is Whenever I would do anything like cial Security, Medicare, and so on, and wrong, and we correct that in this leg- that, I would always say to somebody, guarantee the strongest and safest, islation. like if they had a skin lesion on their And might I also add, when I used to face and I had to remove it, I would ex- most secure retirement system in the make those referrals, the best thing for plain to them, you might have a scar. world and, at the same time, balance those patients, and I was happy to do We call that informed consent. You in- our budget. I believe we can do both. that even though in many cases, you form them. But we have not achieved that just yet, know, in particular the cancer cases, I What my bill requires is basically in spite of the celebration and claims will say, I frequently did not see much that sort of thing when the health care you might see over at the White House. of them anymore. They would go to the plan enrolls the person in the HMO; Mr. SMITH of Michigan. Mr. Speak- cancer specialist, they would get their that if you are going to be restricted, er, if the gentleman would yield, first chemotherapy, and in terms of, you that you can only see certain primary off, I want to tell everybody that might know, income off of that, it was not for care providers, they need to be coun- be watching this special order that we me. They were off to see a specialist. seled on that. If there are restrictions thank the gentleman from Colorado But you know, I was very comfortable on specialists they can see, they need (Mr. BOB SCHAFFER) for providing this with that. I felt nothing was more im- to be made aware of that. leadership. And anybody that does not portant than making sure that the pa- A perfect example of how people are know, the gentleman from Colorado, tients got to see the specialist they not aware of these sorts of things, in president of the freshman class, has needed to see. my community, I had an oral surgeon really spearheaded this legislation complain to me. This is a typical sce- through. b 1945 nario that he has occur to him. Some- I am just starting my sixth year in It was part of the Hippocratic oath, body comes to his office at 5 o’clock on Congress. And what is great about the as far as I was concerned, that I took a Friday afternoon, with a big infected new freshman class is they bring in H1522 CONGRESSIONAL RECORD — HOUSE March 25, 1998 new energy and new ideas. So I com- taken at one level or another, but that give that opportunity for the creation mend the gentleman from Colorado on is the key phrase right there. of wealth to more people. that. Mr. SMITH of Michigan. Yes. Mr. BOB SCHAFFER of Colorado. In terms of balancing the budget, I Mr. BOB SCHAFFER of Colorado. Well said. Our Republican vision here think this country needs to start mak- One level or another. as the majority party in Congress is to ing decisions of how big do we want Mr. SMITH of Michigan. Should all lower the effective tax rate on the government to be, how much of the good causes be implemented into Fed- American people from over 40 percent, money that we earn do we want to pay eral law? And I think what I hear you where it is today, 40 percent of income out in taxes? saying is no. down to 25 percent at a maximum. It Of course, if you are an average Mr. BOB SCHAFFER of Colorado. I could possibly even go lower than that. American, you pay about 40 cents out frequently look to the U.S. Department But I think as a general goal that we of every dollar you earn in taxes at the of Education, for example. Now, all of ought to shoot for, this is the target local, State, and national level. Of us in this Congress would agree, the that we have set for ourselves. course, taxes are especially appropriate most conservative and most liberal It is not going to happen overnight, at this time of year because most Members alike, that a strong public certainly. But as far as establishing a Americans, by the April 15 date, are education system is absolutely essen- direction and a goal for the American going to be required to shell out of tial, and it is central to maintaining people, it is this side of the aisle, the their pockets and pay money into the the Republic. Republican Party, led in many respects Federal Government in taxes. The second question, though, that be- by our freshman class and with the So I would just urge everybody as gins to divide us is at what level do we leadership and encouragement of you they look at their taxes, make sure best deliver a public education system. and other Members of Congress to get that you look at your W–2 form. How Is it Federal, State, or local? The first us toward a 25 percent overall effective much has already been deducted from place we ought to look is the United tax rate. That is at Federal, State, and your paycheck to send to the Federal States Constitution. local levels of government. The cost of Government, and how much has been I would defy anyone in this Congress being a free citizen in America should deducted from your paycheck in the so- to find where it is in this Constitution not be more than one-quarter of your called FICA taxes, the amount that is that the Federal Government has been annual family income. deducted for Social Security and Medi- empowered to manage local school dis- Mr. SMITH of Michigan. That has got care, because it is getting larger and tricts. It is not there. We have never to be an ultimate goal. The other goal larger. been empowered here yet. that the gentleman from Colorado and We have had a system of government Just as you said a moment ago, there I both agree with is we have got to where so often, the Members elected to are Members of Congress who, at elec- start paying down the Federal debt. the Congress, and even the President of tion time, cannot resist the oppor- Right now, the interest on that $51⁄2 the United States, they say, look, we tunity to get on the front page of the trillion that the Federal Government are going to do more things for more local newspaper or cut the ribbon at has borrowed represents 15 percent of people, and they do not say we are some institution and spend other peo- the total Federal budget. So we are going to tax you more, or we are going ple’s money on a function of govern- going to use a lot of this extra money to borrow you more so you have to pay ment that is important but probably is that it looks like it is coming in in sur- more in interest. But it has become better situated at the State level, as plus and, to be sure, it is not a real sur- sort of a system where, if you come the Constitution suggests. plus, because we are borrowing from with more spending and more programs Mr. SMITH of Michigan. So often the Social Security trust fund. and more pork barrel projects, then what happens is, though we are not au- I thank the gentleman from Colorado you take these home to your districts thorized under the Constitution to pass very much for participating in this and get on the front page of the paper, laws, what we do is a combination of hour. cutting the ribbon, or on television. bribery and blackmail in trying to im- Mr. BOB SCHAFFER of Colorado. So in the past, it has increased the pose the will of the Federal govern- These are great topics that we will propensity that you are going to get ment on local jurisdictions. pick up at another time. Our hour is reelected if you do more things and So we say, look, if you do it the way about to expire. spend more money and tax the Ameri- we in Washington think you should do Mr. Speaker, the freshman class will cans more. I think the Americans are it, if you do it the Washington bureau- be back in 1 week. starting to wise up to these pork barrel cratic way, then you can have some of f projects. the money back that you paid us in the CAMPAIGN FINANCE REFORM first place in taxes. I would just encourage everybody, as The SPEAKER pro tempore (Mr. we go through the election process for In the transportation bills in the PEASE). Under the Speaker’s an- past, we said, look, you cannot have this fall’s election, that everybody nounced policy of January 7, 1997, the start going to those debate meetings. the transportation dollars that you gentleman from Maine (Mr. ALLEN) is sent us in the first place unless you do Everybody start asking those Members recognized for 60 minutes as the des- such things as lower your speed limit. that are running for Congress, look, ignee of the minority leader. when are you going to stop taxing us so You cannot have the education money Mr. ALLEN. Mr. Speaker, I am here much? Let us start keeping some of the President is suggesting unless you tonight to talk about the issue of cam- that money so that we can spend it the use it to build a building or unless you paign finance reform. This is a topic way we want to, or we can start saving use it to do this or unless you use it for that has been a subject of particular it and investing it to help secure our the things that we say. The propensity importance to the freshman class, and retirement future. of Washington is that they are elitist. I want to explain why. Mr. BOB SCHAFFER of Colorado. They think they can make the deci- We are going to start with the simple There really is a need for nationwide sions better than the people at the fact that the 1996 election was different study or review or recollection of the State and local level. from other elections in the past. One of concept of federalism in the United I think it is important that we start the major differences was the amount States, because I think every single looking at reducing the tax burdens so of soft money that flowed to the na- day, we in the Congress, and this is the American workers can start experi- tional parties that eventually found its what we fight for as a Republican encing the creation of wealth. If we way into ads that were run for and Party, fight for forcing this institution would tax a little bit less, then they against candidates around the country. to come to grips with what is the ap- would have the opportunity to start propriate role of the Federal Govern- saving and investing and see the magic b 2000 ment. of compound interest where, at some of Now, soft money is the unlimited There are many functions of govern- the interest rate, some of the returns money that comes from corporations, ment that are appropriate, that are that we have experienced, for example, from unions, and from very wealthy in- public endeavors that need to be under- has been very astonishing. We need to dividuals, to the national parties. This March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1523 chart on my right will give my col- vestigations with millions of dollars scribed this bill as, ‘‘This bill is a leagues some sense of how there has spent in this House by House commit- hoax,’’ Common Cause President Anne been an explosion of soft money in the tees to investigate campaign finance McBride said. ‘‘It is laced through with 1996 cycle. abuses in 1996, and after seeing some poison pill provisions, and it not only As my colleagues can see, in the 1980, significant bipartisan efforts toward allows the soft money system to con- 1984, 1988 and 1992 cycles, there was a campaign reform in this House, what is tinue in place, but also legalizes Water- certain amount of soft money flowing the result this week? gate-size contributions for the political to the national parties, but then in Well, this House, the Republican parties. No one should be fooled by this 1996, all the limits came off. It is im- leadership, is now on the verge of re- cynical effort.’’ portant to remember, as I said before, porting out a so-called ‘‘campaign fi- The fact is that we cannot do cam- this is corporate money, this is union nance reform bill’’ that is a sham. It is paign reform on a partisan basis, and money, and this is money from very not bipartisan, it is not reform and, yet that is exactly what the Repub- wealthy individuals. above all, it is not designed to pass, be- lican leadership has been trying to do. What was different about 1996? What cause the last thing that the Repub- We have to get back to first principles, was different in 1996 is that both par- lican leadership wants on campaign re- we have to get back to having a bipar- ties figured out that they could legally form is for a bill to pass. tisan approach to campaign reform, use soft money that came to the na- Now, that bill, we expect that it and I believe that there are others in tional parties to run so-called ‘‘issue might be marked up, there might be a this House on both sides that have advertisements.’’ These were advertise- rule on it tonight, it might come up taken an approach, a bipartisan ap- ments that did not say vote for or vote this week. The latest information that proach. against a particular candidate, but I have is that that is probably not The gentleman from Connecticut they did talk about a particular issue, going to happen, but I want to talk (Mr. Shays) and the gentleman from and they did frame the ad almost al- about the difference between doing this Massachusetts (Mr. Meehan) on the ways in a negative way and urged the in a bipartisan way and doing it in a Democratic side, have worked on this voter to call that candidate or call the partisan way. issue for a number of years. There are elected official to complain about a If we approach the campaign reform Members on both sides of the aisle who particular position on an issue. They issue in a bipartisan way, we have to have worked on this issue. But the Re- clearly were designed to influence Fed- begin by taking the poison pills off the publican leadership bill is not designed eral elections, but because they were table. And when I say a poison pill, I to pass; it is not reform, it is not bipar- mean a provision that is designed to about issues and not simply saying tisan, it is a disaster. kill the reform. So what we did with vote for or vote against a particular I know that on the Democratic side, our freshman effort is, we sat down, we candidate, they essentially passed legal we are committed to a real campaign took the poison pills off the table. reform bill. There is too much money muster. The Republicans did not want to So what was a small loophole became in politics right now. We have to make agree to overall campaign spending a highway for money that has been sure that the ordinary citizen does not limits for individual congressional prohibited for decades in this country. feel disenfranchised by this system, campaigns. The most common sug- When Theodore Roosevelt was Presi- and the more big money that comes gested amount was $600,000. Now, some dent, 1905, the ban against corporate into politics, the more the cost of cam- of us thought that for $600,000, one can giving to individual candidates to in- paigns keeps going up, the more the or- run a pretty good congressional cam- fluence Federal elections was estab- paign in this country. They did not dinary citizen is going to feel lished. In 1943, the same ban was ap- want it, so we took it off. disenfranchised. We have to stop the plied to unions. But in 1996, those lim- The Democrats said, look, we are not money race, slow it down, at least, do its, those bans, were effectively cir- going to go after one interest group what we can in this session to do that. cumvented as money flowed to the na- and not another in this country, and We need a different bill, a bipartisan tional parties and then went out to therefore, the poison pills that involve bill on the floor of the House when this issue ads. going after labor unions, trying to gag issue comes up. Now, why is that important? What workers across this country, was taken One of the leaders in this effort has happened in 1996, this is half of the off the bill. That is what we did. We been the gentleman from New Jersey story, the explosion in soft money; the took the poison pills out. But recently (Mr. PALLONE). It is good to have him other half of the story that was dif- the Republican leadership, in develop- here tonight willing to talk on this ferent is that for the first time or for, ing their bill, put all of the poison pills subject. I guess I would say, the first complete back in, all of the poison pills, that is, I yield to the gentleman. cycle, we had a lot of money coming that mean that Democrats could not Mr. PALLONE. Mr. Speaker, I want from outside groups, issue advertise- vote for the so-called ‘‘reform bill.’’ to thank the gentleman from Maine. ments, individual expenditures de- Mr. Speaker, let us go for a moment He really has taken the leadership on signed to do the same thing, to influ- just to the immediate reaction around this issue, and I am pleased to be able ence Federal elections, but that fell the country toward the Republican to join him tonight on this Special outside the scope of the Federal elec- leadership campaign reform bill. In Order. tion laws. The New York Times today, they I listened to some of what the gen- The freshmen, on a bipartisan basis, called it Campaign Finance Charades, tleman said. I was on the way over here Democrats and Republicans, formed a and the first line reads, ‘‘Newt Ging- when the gentleman began, but it is task force, six Members on each side. rich has a plan to snooker Americans amazing to me that here is an issue on The gentleman from Arkansas (Mr. yearning for a cleanup of their corrupt which the American people, I believe, HUTCHINSON), a Republican, was the co- election finance system.’’ have basically spoken out and said that chair of the Republicans, and I, Tom The Washington Post today, same they would like to see real campaign Allen of Maine, was the cochair of the type of editorial. The headline: Mock- finance reform. And the reason why Democrats on our side. Over a 5-month ing Campaign Reform. they want campaign finance reform is process we held public forums, we de- USA Today, an editorial entitled, Big because they think, as the gentleman bated these issues and we negotiated a Money Buys Big Favors as Campaign mentioned, that there is too much bill. Reform Wilts. money in politics, and too much inter- That bill, H.R. 2183, the Bipartisan The League of Women Voters de- est, if you will, and too much ability of Campaign Integrity Act, is a good bill. scribed the Republican leadership bill wealthy individuals to influence the It bans soft money. It requires faster as, ‘‘The approach is to package to- political process; and that we have got- and more accurate reporting by indi- gether several of the worst ideas on ten away from the way this country vidual candidates. It requires further campaign reform. This bill is a com- used to be and the way this democracy disclosure by groups that run issue ads. plete travesty.’’ used to be where politicians, and I use Why do I bring this up today? Be- Common Cause, which has been lead- the term ‘‘politician’’ in a positive cause after months and months of in- ing the fight for campaign reform, de- way, used to have to go out to their H1524 CONGRESSIONAL RECORD — HOUSE March 25, 1998 constituents. And if they were going to tional Labor Relations Board to stop Mr. ALLEN. Mr. Speaker, I thank raise some money on the campaign, a employers from violating labor laws. the gentleman from New Jersey. I lot of times, most of it was from their Democrats are going to offer a sub- thank him for all his help on this issue, constituents, and most of it was small- stitute bill, essentially the MCCAIN- and for his concise summary of the er contributions. They did not have to FEINGOLD legislation, that provides THOMAS bill, the Republican leadership raise $1 million or $2 million or the real reform, including a ban on soft bill. kind of money that we are seeing in money, which I see you have the chart Let me just mention one thing before campaigns today. up there. And the gentleman talks I turn to my friend and colleague, the In addition to that, we have all of about the amount of soft money and gentleman from Arkansas. What we this money that is being spent inde- how it has increased so much I guess, have in this Republican leadership bill pendently by the special interest just in the last 4 years or so, from 1992 is a worker gag rule. The Center for groups, the so-called ‘‘independent ex- to 1996, and our Democratic substitute, Responsive Politics has determined penditures,’’ so that if one of us were the MCCAIN-FEINGOLD bill, if you will, that in the last cycle businesses out- to say, I think the gentleman used the essentially gives average working fam- spent labor by 10 to 1, and notwith- figure of $600,000, if one of us were to ilies an equal working voice, I think, in standing that 10 to 1 differential, the say that we are spending $600,000 on our the political system and limits the in- Republicans are determined to try to congressional campaign, which is prob- fluence of wealthy special interests on gag unions. Let me give a couple of ex- ably about the average right now, what our political process. amples. Mr. Speaker, I just wanted to say, in we are not taking into account is the They have established a rule where my home State of New Jersey we have fact that there may be a lot of other essentially union members would have a very good example, and of course special interest groups out there that to give prior consent, individual prior there are a lot of different ways that are spending $200- or $400,000 each on consent, to the use of any portion of one could go about campaign finance their union dues for political kinds of ads in the races, as well, that we are reform, and we do not all agree on the not even counting that $600,000. But the ways to go about it. But we have a very activities. That does not mean just message that I am getting is that there good example in our gubernatorial running ads, it means educating their is just too much money in politics. race, which is also very similar to the own membership, putting out material Now, what do we get? Well, as is presidential race nationally, whereby to their own membership to tell them often the case here with our Repub- we allow, or we require, our candidates what issues are coming up that may af- lican colleagues, and maybe I should to raise a certain amount of money in fect their jobs and their lives, their not say our Republican colleagues, as small contributions and large individ- health, and all of those issues that we much as our Republican leadership, be- ual contributions, but that has to be deal with here in this Congress. cause I think that Speaker Gingrich matched with public funds; and then They say that they are trying to im- and the Republican leadership are real- we cap the amount of money that can pose the same restrictions on corpora- ly the culprits here and they are the be spent on the race. tions as they do on unions, but it is not ones that control, if you will, what That is what I would like to see. I true. It is not balanced and it is not comes to the floor in this House. They would very much like to see congres- fair. know that campaign finance reform is sional races run in the way the presi- With respect to unions, the burden of something that the public wants. They dential raises are run or the way our proof is against the union. The mem- know that the American people want gubernatorial races are run in New Jer- ber’s consent is not presumed. You it, but they come up with this scam, if sey where the candidate basically has have to have an individual signed, writ- you will, or sham, I think, the gen- to raise a certain amount of money, ten statement prior to the use of any tleman described it as; some of the edi- not a lot in relative terms, and then portion of those union dues for that torials are calling it a charade, some that gets matched with public financ- particular purpose. are calling it a sham, whatever we ing, public dollars, and then there is an On the other hand, for a corporation, want to call it, to try to bring the bill overall cap on the amount of money the burden of proof is in favor of the up, load it down with provisions that that could be spent in a race. corporation. The shareholders’ consent will make it impossible for it to pass I really think that the key is to limit is presumed unless it is specifically re- this House, and at the same time not the amount of money that is spent, not jected. This is just one of the many achieve any reform even if it did pass. only by ourselves, but also by these ways in which this bill is biased and is And I think the biggest example of independent organizations or independ- unfair. that, I do not know if the gentleman ent expenditures by these special inter- No surprise. It is not a bill that was mentioned it, but talking about this est groups. Because if we do not limit worked out in committee by a biparti- idea of not allowing more money in the amount of money, then ultimately, san process, it is not a bill that has had politics, the Republican bill actually it will continue to skyrocket and some- bipartisan support for any period of raises contributions to party commit- body will find a way to spend more and time. It was simply put down and put tees from $20,000 to $60,000, and it raises look for a loophole where they can in place, and put together at the last individual contributions from $1,000 to spend more money. minute by the Republican leadership. The bottom line is that this Repub- $2,000. It is not fair, and it ought to be voted So for those of my constituents who lican proposal, which I guess we are down. think that there is too much money in going to consider tomorrow or Friday, Mr. PALLONE. If the gentleman will allows more money, more influence by politics and think that a 1,000 contribu- continue to yield, Mr. Speaker, because wealthy individuals; and it has just tion may be a little high, now they are I know we have our colleague, the gen- been rigged so it cannot pass. And going to see that the contribution level tleman from Arkansas, here, I just find nothing else really is going to happen, is $2,000. that this poison pill, if you will, this and then Republicans and Gingrich can So what the Speaker is doing, what worker gag rule, so objectionable, be- just go home and say, hey, we brought Gingrich is doing is saying we should cause I know in my district the unions this up for a vote, we failed, we tried. have more money in politics. are very active on election day. They Thank you. At least we let the oppor- At the same time, we have this poi- go out, they knock on doors, they put tunity present itself to bring this up. son pill antilabor provision, if you will, up signs during the campaigns. They do just to make sure that the bill does not b 2015 a lot of grass roots activity. pass. So either, hopefully, they hope it They are really not allowing any op- But the idea that individual members will not pass, and if it does, it would portunity. The way they are setting up of a union cannot pool their resources, not actually accomplish campaign fi- the rules, they have rigged the system if you will, and have to have this extra nance reform. and they have made for a sham cam- restriction, if you will, have to individ- Just to mention, this poison pill or paign finance reform bill. ually sign for any contribution that antilabor provision, from what I under- Mr. Speaker, I thank the gentleman they put forward, it just flies in the stand, basically makes it more difficult from Maine (Mr. ALLEN) for putting to- face of really the whole organizing ef- for workers to organize and for the Na- gether this special order this evening. fort, if you will, of the union. March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1525 Unions are meant to organize work- signed by my friend, Ima Big Donor. vent States from moving money, soft ing people. If they cannot organize Ima had $1 billion that she wanted to money being raised from one State to working people effectively for political donate. She donated it to her favorite another, so we wall in each State. We action, then that takes away an impor- political party. This is completely have closed down that loophole. tant part of their existence. It makes it legal, completely legal, under the cur- But that provision of the freshman that much more difficult for them to rent law. bill was taken completely out of the be involved in the political process. It The reason that the gentleman and I Republican leadership bill, so it is not just irks me so much, because this is have engaged in a bipartisan manner a real soft money ban. The obvious just purely partisan. with my friend, the gentleman from loophole, there is a huge loophole in There are Republicans in my home Arkansas (Mr. ASA HUTCHINSON) on the the Republican bill in terms of a soft State in Congress who are supported by freshman bill and the reason we have money ban. It does not work, it is not the unions, so they are not strictly had other bills like the Shays-Meehan fair, and it is not real reform. Democrat. But more often than not bill, the McCain-Feingold bill, biparti- Mr. Speaker, I yield to the gentleman they support Democrats more than Re- san bills, is to address the problem of from Arkansas. publicans, and that is the reason this is these huge, unregulated donations. Mr. SNYDER. Mr. Speaker, I would being proposed, because the unions, Not so long ago we would have said, like to make another point. The gen- certainly in the last few years, if not well, no one will make a $1 billion do- tleman from Maine (Mr. ALLEN) is one historically, have been more support- nation. Then we had Ted Turner, who of my heroes, and he has been on my ive of Democratic candidates. donated $1 billion to international re- cable TV show back in Arkansas. The That is not a reason to gag them. lief, and we suddenly realized that gentleman from Arkansas (Mr. ASA That is not a reason to not allow them there is somebody out there that has HUTCHINSON), a Republican freshman to exercise their right to assemble and the ability to make a $1 billion dona- colleague, is one of my heroes, also. to participate fully in the political tion. Donations of several hundred The two of them are the lead cospon- process. That is not what the democ- thousand dollars are not uncommon in sors of the freshman bill. They spent a lot of time working racy is all about. this day and age. Yet, look at what the through the problems when they made Mr. ALLEN. In a nutshell, what the average pay scale is in Arkansas, and the decisions about what would be in Republican leadership is trying to do is they are absolutely dwarfed by those that particular bill, and a lot of fresh- to place restrictions on and to gag peo- sizes of donations. ple who contribute a few bucks a But this is what we should be con- men participated in that. What was month for political activities that are centrating on. This is what the Speak- showed was that it was a model of bi- partisanship. not just activities related to Federal er of the House should be looking at. We thought we had in this country candidates, but just their own union. When we talked and had his promise At the same time, they are tripling the sometime ago a model of bipartisan- from him a few months ago that there ship. This is a blowup of the famous limits that wealthy individuals can would be a fair debate on the floor of give to the national parties. That is an photo when the Speaker of the House this House about campaign finance re- and President Clinton shook hands embarrassment. form, we all envisioned a debate about Mr. PALLONE. Is it not also true, when they committed themselves to a bipartisan bill that addresses this Mr. Speaker, if the gentleman will con- doing something about dealing with most egregious problem in our system, tinue to yield, I think the gentleman the overwhelming presence of big this overwhelming big money that can told me, if an individual does not want money in politics. to participate in anything but the col- be made in any amount, and yet that is It is interesting to me now that the lective bargaining aspect of the union, not going to occur because of the Re- President has said he will sign a cam- they always have the option them- publican leadership. paign finance reform bill. He is com- Mr. ALLEN. Mr. Speaker, I thank selves of simply contributing their mitted to it. We have leaders on both the gentleman from Arkansas (Mr. dues for the collective bargaining as- sides of the aisle, both Republican and SNYDER). It is interesting that the Re- pect and not for anything else. So that Democrat, that have said they want publican leadership bill, I should say, option is already there. It is just that bills on the House floor to deal in a bi- they are imposing an additional writ- because I want to say this, there are partisan manner with this problem of ten requirement now in every case. some Members on the Republican side soft money and campaign finance. Yet, That is the thing that inhibits free of the aisle who have been engaged in the problem we have is with the Repub- speech and the ability to participate. this issue from the beginning, but not lican leadership. Mr. ALLEN. The gentleman is right, enough. We really think it is the lead- I want to distinguish, there are clear- the Supreme Court has ruled that ership that has sort of shut down this ly Members on the Republican side every individual union worker has an exercise at this time. that will vote for campaign finance re- absolute right not to be forced to con- Let me just talk for one moment form and feel every bit as strongly tribute anything to political activities, about the so-called soft money ban in about it as the three of us do here to- to anything other than the activities the Republican leadership bill. The night, but it comes down to a question related to collective bargaining. McCain-Feingold bill prevented Fed- of leadership. I yield to my friend and colleague, eral officials and candidates and par- Unfortunately, the way our House the gentleman from Arkansas (Mr. VIC ties from raising soft money. The works, if the Republican leadership de- SNYDER), who has been a staunch pro- freshman bill did the same thing. cides certain bills or certain amend- ponent of campaign reform in this Con- Supposedly the Republican leader- ments do not get on the floor of the gress. I am glad to see that the gen- ship bill did the same thing, but there House, the American people are denied tleman has brought along his check. is a difference. Under McCain-Feingold, their will, and in fact, the will of Con- Mr. SNYDER. The gentleman just the McCain-Feingold bill says that gress is denied, because I am convinced likes my special effects. State parties cannot raise or spend soft there is a majority of Members of this Mr. Speaker, it is interesting to me, money as well on any activities that Congress, when we total up the votes the discussion we are having to have affect the Federal election. So the ob- on both sides of the aisle, Republican about these poison pills, and explain vious problem was, if you ban soft and Democrat, that will vote for a ban the minutiae of them to the Members money at the Federal level, why will on soft money; a good ban, a true ban of Congress so they will understand not people just go out and raise it at on soft money, and try to deal with why it is a poison pill. the State level? some of the other issues. The reality is what we should be So McCain-Feingold says, no, you But it comes down to leadership, and talking about, in a bipartisan manner, cannot do that. You cannot do that. the Republican leadership in this what we have been talking about for The freshman bill says, okay, we are House is blocking the will of the House, the last year, is where the problem is. not going to prevent State parties from blocking the will of the American peo- It is in the huge soft money donations. controlling their own election laws and ple, and I think it is just an embarrass- I have this check here I made up, allowing soft money to be raised here if ment to the body that that is occur- made out to Any Ol’ Political Party, they want to, but we are going to pre- ring. H1526 CONGRESSIONAL RECORD — HOUSE March 25, 1998 Mr. ALLEN. The gentleman from Ar- planation why we are seeing this bill much a bipartisan group that is not kansas makes a good point. If we think that has been called a hoax and a cha- necessarily Democrat or Republican. In back to what happened on the Senate rade being presented on the floor. They my area, there is certainly as many side, we can see the same sort of pat- do not feel the money anymore. Republicans that are Members of the tern over there, because the fact is Mr. ALLEN. I think the gentleman League of Women Voters as Democrats, that the McCain-Feingold bill, the from Arkansas (Mr. SNYDER) has had and they are perhaps even more criti- stripped down version of the McCain- the best set of special effects and ex- cal than anybody in this news release Feingold bill that was brought up in hibits as anyone has come to the floor. where they say that the Gingrich ap- the Senate got 51 votes. A majority of Mr. SNYDER. We have pyrotechnics proach is to package together several the Senate voted for the McCain-Fein- scheduled for later in the evening. of the worst ideas on campaign finance gold bill in the Senate. Yet, it is only Mr. PALLONE. Mr. Speaker, if I reform. The bill is a complete travesty. the Senate’s rules that allow filibus- could comment on the special effects, I It says the so-called Paycheck Protec- ters that sent that bill down to defeat. have to say the fish analogy is close to tion Act is completely unbalanced. It Here we are, over on the House side, home. I represent the Jersey shore, and seeks to curtail wide-ranging political fighting the same fight, and all we are I appreciate the drawings that the gen- activities by unions. A real ban on soft trying to do is get a good, bipartisan tleman from Arkansas made about the money and closure of the sham issue bill to the floor for a vote. If we do fish and the fish swimming through the advocacy loophole would apply equally that, I believe we will win. I believe we money. to both unions and corporations. They use very, very harsh language in basi- will win it. But this is not a topic that b 2030 can be done in an arbitrary way, in a cally bringing up how fraudulent this totally partisan way. It cannot be done I think that the problem here is the effort is. with a bill that is designed to fail, in- way the gentleman has identified it. In We know what happened. My col- tended to fail, constructed to fail. That other words, we have the tremendous league mentioned in terms of what the Senate did. Basically, the pressure was is what we have on the other side right outpouring from the American people on Speaker GINGRICH to do something a now. that we should have campaign finance Mr. SNYDER. If the gentleman will reform and that we should cut back on few months ago. He promised a vote 5 continue to yield, Mr. Speaker, I read a the amount of money that we spend in months later. Now we have a vote, but column some time ago on this issue of politics. But the Republican leadership, he is rigging the vote. That is essen- campaign finance reform. The col- I think the gentleman rightly said, is tially what we have. Mr. SNYDER. Mr. Speaker, if the umnist had a great line, which was, so used to accumulating all of this gentleman would yield, that is inter- does a fish know that it is wet? Does a money and basically relying on it when esting what the gentleman said about fish feel the wet? It lives in water all they run, that they cannot conceive of a situation where we actually cut back the League of Women Voters. This the time, and I get in the bathtub and morning I was reading through some of it feels wet to me, but does a fish feel on the amount of money that is spent. It is true, I think all of us have said the articles and statements. The the wet? League of Women Voters calls it a I do not know what a fish feels, but that we know that there are Repub- ‘‘travesty,’’ this Republican leadership could use the example in trying to ex- lican colleagues that would like to see bill. Common Cause calls it a ‘‘hoax.’’ plain why the Republican leadership a good campaign finance reform bill The Washington Post calls it a ‘‘mock- would be putting out this kind of a bill come to the floor and would probably ery,’’ and the New York Times calls it that has been called a charade, a hoax, be willing to vote for it. But so few of them are willing to stand up to the a ‘‘charade.’’ a mockery. Why would they be putting Now, those ought to be some warning leadership. The leadership tells them, out this kind of bill? signs to Members of this body. It ought ‘‘Look, we want you to support us and It may be that if you have been up to be some warning signs to the Amer- we want you to vote for this sham here too long, you start being like a ican people when we have that kind of bill,’’ and not enough of them are will- fish that no longer feels the wet, that criticism, very dramatic criticism of a ing to come forward and essentially you swim through the money. You bill and an issue that these groups feel defy the leadership on this issue. swim through the money all the time, very strongly about on the need to do I noticed in The New York Times edi- and it no longer feels strange to you. something about our campaign finance torial that the gentleman from Maine You just assume that donations of sev- law. eral hundred thousand dollars, that is made mention of before, it actually But I know for myself, I am not just the way politics is. You assume says at the end of the editorial, it says going to vote for this bill and I do not donations from folks that are lobbying that ‘‘The Speaker’s trick can be de- want to be a part of a travesty, a hoax, you that very same day on activities feated if the Democrats stand firm and mockery and a charade. I want to be that come before the legislature, before at least 15 Republicans join them in part of a bill like the gentleman from Congress, that that is just the way it voting against Mr. GINGRICH’s anti-re- Maine (Mr. ALLEN) offered, our fresh- is. You no longer feel the wet. You are form scheme.’’ And it says, ‘‘There man bill, offered along with the gen- no longer aware of how unseemly it is used to be a tradition of enlightened tleman from Arkansas (Mr. HUTCH- to have big money dominate our poli- moderation among northeastern Re- INSON), or there are other options out tics. publicans.’’ These are the Republicans there. But this one is the worst of the Maybe that is why the freshman bill, in my area: New Jersey, New York, bills that we have seen. I think, was such a prominent part of other northeastern States. ‘‘But we Mr. ALLEN. Mr. Speaker, I would the discussion here for the last year, will be watching to see if it can be re- say the ‘‘travesty,’’ ‘‘hoax,’’ ‘‘charade,’’ because we are all new here. We had vived enough to offset the party’s more are all appropriate words when, in the just come through the 1996 election, recent tradition of falling behind Mr. name of reform, we have a bill which and we got a hint of how big money can GINGRICH’s darkest impulses.’’ allows an individual who used to be just really overwhelm the local effort. That is essentially what we have able to give $25,000 to an array of can- We got a hint of what it means to have here. We do not have enough. Hopefully didates to give $75,000 to candidates. Or thousands of dollars pour in from we will by tomorrow, but it is unlikely when someone used to be able to give Washington, D.C., and overwhelm the that we will get enough Republicans $20,000 to the national parties, to be local effort. We still feel what it is like who will stand up and say this is a able to give $60,000 to the national par- to be wet. We still know what it is like mockery and that we need to have a ties. That is not reform. That is an ex- when you get hit with those big sums real campaign finance reform bill come plosion of money. Whereas some in- of money. to the floor of the House. crease might be appropriate to offset But I fear that the Republican lead- I thought it was particularly inter- the loss of soft money, because we ership no longer is aware of what it esting what the League of Women Vot- want our political parties to still be means in the American system to have ers said about that. I know where I am, participants in this process, we do not the money floating through this city and I think around the country, the want the campaigns dominated en- all the time. I think this may be an ex- League of Women Voters is pretty tirely by outside groups, by running March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1527 issue ads still. That is ridiculous. That talk about these issue advocacy ads, I coming from. But that is one of the does not make any sense. think the average person has no idea kinds of changes that we need. The gentleman from Arkansas was the distinction between those and a Mr. PALLONE. Mr. Speaker, the just saying there are other good bills regular campaign ad. I mean, basically problem is that if we do not do that, if out there, and I want to spend just a these are the ads, these issue advocacy we do not do what is being proposed few minutes on what is called McCain- ads are ads where a particular interest with McCain-Feingold, then this whole Feingold 2, because that is a bill that I group that has a particular subject system of campaign laws that were ba- think really ought to come up for a that they are interested in, for what- sically put in place as a reform to the vote in this House. It is very close, ever reason, basically puts on an ad Watergate years and the way cam- with just a couple of adjustments it is and talks directly, usually in a nega- paigns were financed prior to Water- almost the same bill that passed in the tive fashion, about one of the can- gate, we might as well throw out the Senate, got 51 votes in the Senate, was didates accusing them of doing some- window, because what is happening in- not allowed to pass, but it got 51 votes thing, oftentimes which is not even creasingly, the actual money that in the Senate. Let me say a few words true. This is paid for by that special in- comes in under the traditional laws is about that. terest group that is interested in the becoming less and less of what is spent The McCain-Feingold 2, which is particular issue attacking the can- on a campaign, and all of these other really the Shays-Meehan bill here in didate, and this is totally outside the expenditures that are outside the law the House, eliminates Federal soft regular campaign financing system so do not come under the FEC and the money as well as State soft money that that it is not reported as part of the FEC does not have authority to enforce influences the Federal election. It has candidate’s expenditure. It is not clear or investigate are now the norm. a real soft money ban. that it is reported anywhere at all for The other thing that the gentleman Second, it reforms this whole area of that matter, certainly anyplace that mentioned in McCain-Feingold is the issue advocacy. It basically applies to we can find it there is no real disclo- effort to beef up the FEC. The bottom those broadcast communications that sure, and oftentimes in the campaigns line is that the Federal Election Com- refer to a clearly identified Federal these kinds of ads can be two or three mission now is like a toothless tiger. candidate within 60 days of a general times the budget that is spent on a They do not have the money, the inves- election. And it restricts what can be campaign. That can be 60, 70, 80 percent tigators, or the power to go after or done. It says that any of those kinds of of the budget, and it is all outside the look at a lot of these expenditures, be- ads or express advocacy, they need to reporting system that we actually have cause they do not come under the law be funded the way regular candidate now for campaign financing. that they have jurisdiction over. So we expenditures are funded. So what we are doing with McCain- have got to change it. Otherwise, we Third, the bill requires FEC reports Feingold is basically saying that if have no system. We just have a free- to be electronically filed and it pro- these ads mention an individual can- for-all out there. Mr. ALLEN. Mr. Speaker, we have vides for Internet posting of disclosure didate within a certain number of days got to change it, and I think I agree data. before an election, then they have to be Fourth, it strengthens the campaign treated in the same way as a regular with the gentleman from Arkansas. If finance law by providing for expedited expenditure. There has to be proper we spend as a body, if this Congress spends 2 years and millions and mil- and more effective FEC procedures. disclosure. We have to know who is Five, it bans fund-raising on govern- doing it and it seems to me that is only lions of dollars investigating what hap- ment property. fair. pened in 1996 and we do nothing, no re- The Pendleton Act, which is over 100 Mr. ALLEN. Mr. Speaker, if the gen- form bill, no change, it will be an em- years old, has prohibited in some very tleman will yield, that, as I mentioned barrassment. And we are here tonight vague and sometimes confusing ways at the outset, is the second problem. In because we do not want this House to the raising of money on Federal prop- addition to the soft money problem, be embarrassed. We do not want the erty, but it is not very clear, and it is that really arose or became dominant American people to be embarrassed. We want this Congress to deal with an im- certainly not clear how it applies in in the 1996 election cycle, and I think it portant, pressing issue that in our view the cases of telephone solicitation. is important to understand that this is Well, this bill, the McCain-Feingold political speech. This is free speech. We has to be dealt with on a bipartisan basis, but under this Republican lead- bill, fixes that particular problem. And have got a first amendment. So it is ership bill is not being dealt with in those are some of the highlights, but it not possible to say with respect to out- that manner. side issue groups that they cannot run is a good bill and ought to come to the Mr. Speaker, I yield to the gentleman floor. ads, they can never run ads. All that from Arkansas. I think that the Democrats want to we are saying, all that McCain-Fein- Mr. SNYDER. Mr. Speaker, it is in- make sure this bill comes to the floor gold says, is that if within 60 days of an teresting, the irony of having spent so and want to give it an airing. But here election, when they mention the name much money on these investigations, is a bill with a bipartisan history; it or show the likeness of a candidate for and then to choose to deliberately put was put together by Republicans and Federal office, then it is brought into up a bill that is meant to fail. I guess Democrats, it got 51 votes in the Sen- the reporting scheme that applies to that brings out our cynicism. But that ate. The least that could happen is that Federal elections. Because at that is what is going on. It is all right to that bill should be allowed to come to point, it is pretty clear they are trying talk about all of this stuff about cam- the floor of this House for a vote before to influence the outcome of a Federal paign finance laws, but we do not real- this body. election, and that kind of regulation ly want to do anything, is the message Mr. PALLONE. Mr. Speaker, I could has been upheld. we are hearing from the Republican not agree with the gentleman more. It seems pretty clear that that leadership. My understanding is that we will have should be a constitutional way of im- Mr. Speaker, as I was listening to the the opportunity to do this as a motion proving the information that flows to two of my colleagues discuss in I to recommit or some procedural way the public, because the bottom line is, thought great clarity and in good de- that we will have hopefully an oppor- I believe, that we believe that the tail some of the various nuances of the tunity to vote on McCain-Feingold as a American public is entitled to know campaign finance reform bills, I am substitute. I guess we are not sure, but who is running ads out there. And if sure that we have some folks that are we are hoping that we will have that there is a group that is running an ad saying, wait a minute; why are these opportunity sometime this week when and calls itself the Coalition for Real folks not talking about these issues this campaign finance reform sham bill Change or the Better Government when the House is in session? Why are comes to the floor. Group, I mean who are these people? I we having to do it at this time of night But I just wanted to add a little bit think the American public needs to be when most of the Members have gone to a couple of things that the gen- well informed to know who those folks home? tleman from Maine mentioned, because are and, in the best of all possible I want to take a moment and point I think they were significant. When we worlds, to know where the money is out the Rules of the House. We talk H1528 CONGRESSIONAL RECORD — HOUSE March 25, 1998 about the Committee on Rules, and it nursing home. They do not worry about this special order tonight because I is not legal for us to bring up amend- it in the way we have to worry about, think this is a very important issue. ments on the floor of the House any how are we going to get our kids Our constituents do care about it. time we want. It is not legal for us to through college. They do not worry It is a tragedy that we are not going bring up any bill we want, the Allen- about it in the way, what happens to to be allowed to actually vote on true Hutchinson bill any time we want. me if I lose my job, what effect will campaign finance reform at the end of Any bill, before it comes out on the that have on my family? They do not this week, because people are crying floor of this House, has to go before the worry about it in the way they may be out for it. And I see people voting less House Committee on Rules and they concerned if somebody in their family and less, the percentages of people that make the decision can a bill come out, is ill or has an extraordinary health vote, and that cynicism really bothers and they also make the decision what care problem that has to be dealt with. me. amendments can come out. They make And they do not worry about it in the This is my tenth year in the House, a decision about how much time is al- same way they worry about the edu- and I can see less people interested, lotted. And if they make a decision cation of their kids. less people coming to the polls, less that no other bill can be considered or But it is our job here to provide the people participating in every way; and other amendment be considered, that is leadership on an issue that is fun- that is the real tragedy that we have to the ruling of that committee and that damental to whether or not the Amer- turn around. sets the tone for the debate, and we ican people, the ordinary American Mr. ALLEN. I want to thank both the will not get to discuss other options. people, can participate in the system in gentleman from Arkansas (Mr. SNY- DER) and the gentleman from New Jer- b 2045 a way that is healthy and strong and viable. And the more big money comes sey (Mr. PALLONE) for their participa- As happens in legislative bodies, that to dominate our politics, the more the tion in this special order tonight on committee is set up; it has overwhelm- average person in this country has a di- campaign reform. I know you have all ing Republican members and they take minished role. worked hard and others have worked their cues from the gentleman from And I hear about it because people do hard to see that we do get a vote on Georgia (Mr. GINGRICH) and the Repub- understand that. They know that. And campaign reform. lican leadership. That is as it should they may pick education as the most I guess I would just close by saying be. The Committee on Rules is domi- important problem that we have to that we are at an extraordinary time in nated by the party in power. But that deal with, and they do that in poll American politics. The Cold War is is why we are left with having to dis- after poll, and I agree with them; but over. The budget is balanced for the cuss this late at night when most Mem- there are these underlying problems, first time in 30 years. The number of bers have gone home, discuss it with underlying structural issues, that we civilians in the Federal Government is ourselves and with the American peo- have a responsibility to deal with, that at the lowest level in 30 years. Unem- ple, to let them know that this is a they care about very much and they ployment is down. The economy is travesty that is going on. want us to do something about it. But moving along very well. This should be the kind of discussion they also have become very cynical We are at a time when we really that happens at 1:00 in the afternoon that we are capable of dealing with it. could focus on the issues that matter and 2:00 in the afternoon and 3:00 in the The only point I would make is this: most to working families: improving afternoon with 435 Members either in 51 votes in the Senate for McCain-Fein- education, dealing with health care this room or back in their offices gold II, 51 votes, the majority of the issues, reforming Social Security so it watching the debate on C-SPAN in Senate. is there for our children and our grand- their offices, hearing from their con- And in this House, give us a chance. children, and making sure that we stituents about what they want. But it Give us a chance. Let McCain-Feingold leave no child behind, that we build the is because the leadership directive told II go to the floor of this House and see kind of society in the 21st century that the House Committee on Rules that what happens. I think we would find can make this country and make the they do not want anything to come out there are many Members who would people here to have all the opportuni- on the floor of this House other than a say, this is a right kind of reform, it is ties or greater opportunities than peo- bad bill that will go down to defeat. bipartisan reform, it is serious reform. ple have had anywhere on the face of I think that is an embarrassment and It is not the complete answer, but it is the globe at any time in our history. a travesty, given the amount of inves- a step in the right direction. To do that, we need a healthy politi- tigation that has gone on and the I believe that we are entitled to have cal system, we need a system where amount of money that has been spent that kind of vote on a bipartisan bill people want to participate, want to be and committed. The American people on the floor of this House, and we engaged in the great issues of our time. want to do something different about should not be stymied by the Repub- I believe to do that we have to have a how we elect people. So I really appre- lican leadership. system which does not run on money, ciate my colleagues being such leaders Mr. SNYDER. I have to wonder what which allows the ordinary citizen a in this effort. our Speaker is afraid of. I mean, what chance and a sense, the confidence that Mr. ALLEN. I appreciate the help of is the fear of having an open debate on his or her voice can really make a dif- my colleague and the support and lead- the floor of this House about this very ference. And that is why this issue is so ership on this issue. I want to make a important issue, which is how America important. It underlies everything else couple of comments. elects its leaders? Maybe he has count- that we do. People who have been around this ed votes. Maybe he knows that there is If we are going to get to hear all the place for a long period of time or who a majority of people in this body that voices of America come into this write about what goes on here will would definitely vote for other alter- Chamber, if we are going to make good often say, well, the American people do natives, and the only way he can pre- decisions, we need to diminish the role not care. Well, in my district in Maine vent that from happening is not to let of money in politics. We are not going they care. I hear about this issue every them come to the floor of the House. to eliminate it entirely. We simply time I go home, ‘‘When are we going to But I think, unfortunately, his ac- have got to try to control a system get some campaign finance reform? tions and the actions of the other Re- that is now out of control, try to shut When are we going to change the way publican leaders contribute to the cyn- down a loophole that has become a we fund elections?’’ I hear it all the icism of the American people. They highway for soft money, control issue time. want to know, ‘‘What is this? Why do ads and make sure that the voice of the But it is also true that this is a dif- we not get to see a vote on a clean American people can be heard in all of ferent kind of issue. People care about bill,’’ those people back home. its diversity and all of its power. it, but it is not the same. They do not So, once again, I appreciate the ef- So I thank both of my colleagues for worry about it in the way they may forts of my colleague. being here tonight, and I thank all of worry about what happens to an elder- Mr. PALLONE. I want to say again, I those who have worked so hard on this ly parent who may have to go in a thank both my colleagues for doing issue. And I extend a last request of the March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1529 Republican leadership to give us a sition by the White House upon the De- four-decade record of brutality, rabid fighting chance to vote on a fair cam- partment of Defense with regard to the hostility toward the Cuban exile com- paign finance reform bill. report, its threat assessment, of just a munity, anti-Americanism, support for f few days. international terrorism, and proximity So if it is the case then, the prelimi- to the United States is an ominous THREATS TO U.S. NATIONAL SECU- nary reports that we have received, combination. RITY FROM CUBAN DICTATOR- that in effect the Pentagon will say in SHIP When considering the potential a few days that there is no threat com- threat from Castro, the following must The SPEAKER pro tempore. Under ing from the Cuban dictatorship, if be noted. the Speaker’s announced policy of Jan- that is the case, we, those of us in Con- Despite the end of the Cold War, Cas- uary 7, 1997, the gentleman from Flor- gress who had received these prelimi- tro continues to espouse a hard line, ida (Mr. DIAZ-BALART) is recognized for nary reports are of the belief that a po- using apocalyptic rhetoric, proclaim- 60 minutes as the designee of the ma- litical decision is motivating that re- ing socialism or death, ranting about a jority leader. port. (Mr. DIAZ-BALART asked and was final reckoning with the United States, Just a few days ago, a number of us and punishing any Cuban who advo- given permission to revise and extend wrote to the Secretary of Defense and his remarks.) cates genuine political or economic re- Secretary of State with regard to this form. TRIBUTE TO HONORABLE STEVEN SCHIFF very issue. And if I could, I would like, Mr. DIAZ-BALART. Mr. Speaker, the Mr. Speaker, to be able to read this let- Castro maintains one of Latin Ameri- Speaker of the House of Representa- ter: ca’s largest militaries with capabilities tives just a few hours ago had the sad ‘‘Dear Mr. Secretary, completely inconsistent with Cuba’s duty to report to us the death of one of ‘‘We are writing to express our con- economic reality and security needs. our colleagues, the gentleman from cern about the ongoing national secu- Despite Cuba’s economic failure, Cas- New Mexico (Mr. SCHIFF). So I would rity threat from the Cuban dictator- tro has the capability to finance spe- like to begin my remarks this evening ship. Specifically, we are convinced cial projects through his network of expressing my sincere condolences to that the Castro dictatorship is a major criminal enterprises and billions of dol- the Schiff family and letting them enemy of our efforts to shield Ameri- lars of hard currency reserves he main- know that my prayers go out to them ca’s frontiers from the drug threats, tains in hidden foreign accounts. in this very difficult moment. and we are additionally concerned Forbes magazine has calculated a mini- We will miss in this House STEVE about Castro’s ability to develop bio- mum of $1.5 billion that Castro has in SCHIFF. He was a great man. But I logical and chemical weapons. Castro such foreign accounts. Castro has a would say that he was really a great is technically capable of many of the proven capability to penetrate U.S. air- man, above all else, because he was a same types of things we know Saddam space with military aircraft and to good man. He was a man of extraor- Hussein is doing, and the Castro dicta- conduct aggressive shootdown oper- dinary integrity as well as great intel- torship is the only rogue regime that is ations in international airspace just ligence. He possessed a brilliant legal 90 miles from our shores. outside the United States. mind that he put to use serving not ‘‘We are appalled about current at- Castro is training elite special forces only this House but our country. tempts to downplay the Castro threat units in Vietnam who are prepared to And so, I will certainly miss my and are deeply disappointed that the attack United States military targets friend and colleague STEVE SCHIFF. I Department of Defense refuses to ac- during a final confrontation, according will always recall with much affection knowledge Castro’s ongoing threats to to Janes Defense Weekly. how, based on the fact that he was of the United States. We have received Castro actively maintains political such discipline of mind, he was, for ex- extremely disturbing reports that the and scientific exchanges with each of ample, teaching himself Spanish and Department of Defense plans to offi- the countries on the Department of he would enjoy conversing in Spanish; cially minimize the threat assessment State’s list of terrorist nations. Castro and it was remarkable that just lit- of Castro’s Cuba and that this may be continues to provide logistical support erally months after beginning his utilized to subsequently remove Castro for international terrorism and pro- Spanish classes he had achieved a great from the State Department’s terrorist Castro guerrilla groups, and Cuban- fluency. list. Despite Cuba’s economic situa- trained international terrorists are Anyway, we will miss, I will cer- tion, Castro remains a dangerous and still active around the world, most tainly miss my friend STEVE SCHIFF. unstable dictator, with the intentions ominously these days in Colombia. Mr. Speaker, in just a few days, and and the capability to hurt U.S. inter- Castro continues to coordinate and I think it is important for the Amer- ests. ican people to realize it, the Pentagon, facilitate the flow of illicit drugs ‘‘Thirty-five years ago, during the through Cuba into the United States. the Department of Defense, is sched- Cuban missile crisis, Castro urged a nu- uled to make public a report, an assess- We will talk more about that later. clear first strike by the Soviet Union Castro continues to offer Cuba as a ment, of the security risks, the danger against the United States. Ten years to the national security of the United haven for drug smugglers, criminals ago, Cuban General Rafael del Pino dis- and international terrorists, including States posed by the Cuban dictatorship closed that Cuban combat pilots just 90 miles from our shores. more than 90 felony fugitives wanted trained for air strikes against military by the Department of Justice. A number of us here in Congress have targets in south Florida. Five years The Lourdes electronic espionage fa- received preliminary reports with re- ago a Cuban air force defector in a cility is used to spy against U.S. mili- gard to that assessment that will be MiG–29 fighter aircraft, flying unde- tary and economic targets, including made public in just a few days by the tected until just outside Key West, the intercept of highly classified Per- Department of Defense, disturbing re- Florida, confirmed that he had re- sian Gulf battle plans in 1990–1991. Cas- ports, because we are of the under- ceived training to attack the Turkey tro is working with Russia, which re- standing, we have been led to believe Point nuclear power facility in south cently extended a $350 million line of that the Pentagon is about to say that Florida. credit for priority installations in there is, in essence, no threat from the Two years ago, Castro ordered Cuban Cuba, and anyone else willing to offer Cuban dictatorship. That is a grave MiG–29 fighter aircraft to attack and assistance to complete the nuclear re- mistake if, in fact, that is the assess- kill unarmed American civilians flying actor at Juragua. ment that is made of the threat. in international air space just miles It is a grave mistake and it is really from the United States. Castro has access to all the chemical unfortunate. Because the only way in and biological agents necessary to de- b which the conclusion can be reached 2100 velop germ and chemical weapons. De- that there is no threat from the Cuban There is a pathologically unstable ty- spite Cuba’s failed economy, Castro has dictatorship 90 miles from our shores is rant in the final years of his dictator- constructed a secretive network of so- based on a political decision, an impo- ship just 90 miles from our shores. His phisticated biotechnology labs, fully H1530 CONGRESSIONAL RECORD — HOUSE March 25, 1998 capable of developing chemical and bio- mounted showing that the Castro dic- ‘‘Because past administrations iden- logical weapons. These labs are oper- tatorship is aggressively involved in tified Cuba as a major transshipment ated by the Military and Interior Min- narcotrafficking. In 1982, four senior point for narcotics traffic, it was inte- istry, are highly secure and off-limits aides to Castro were indicted by a Flor- grated into the larger interdiction ef- to foreigners and visiting scientists. ida grand jury for drug smuggling into fort. By contrast, under the existing Under the guise of genetic, biological the United States. They were Aldo strategy, no aggressive efforts have and pharmaceutical research, Castro is Santamaria, Fernando Ravelo, Gonzalo been made to cut off this pipeline de- developing a serious germ and chemi- Bassols and Rene Rodriguez-Cruz. In spite the growing awareness of its ex- cal warfare capability. Castro has the 1987 the U.S. Attorney in Miami won istence. ability to deliver biological and chemi- convictions of 17 south Florida drug ‘‘In April 1993, the Miami Herald re- cal weapons with military aircraft, smugglers who used Cuban military ported that the U.S. Attorney for the various unconventional techniques and bases to smuggle at least 2,000 pounds Southern District of Florida had draft- perhaps even missile systems increas- of Colombian cocaine into Florida with ed and prepared an indictment charg- ingly available in the international the direct logistical assistance of the ing the Cuban government as a rack- black market. Cuban armed forces. Evidence in this eteering enterprise and Cuban Defense Tyrants are most dangerous when case was developed by an undercover Minister Raul Castro as the chief of a they are wounded and dying. Given government agent who flew a drug- 10-year conspiracy to send tons of Co- Cuba’s proximity to the United States smuggling flight into Cuba with a MiG lombia cocaine through Cuba to the and Castro’s proven instability, it fighter escort. In 1988, federal law en- United States. Fifteen Cuban officials would seem to be an unacceptable and forcement authorities captured an were named as co-conspirators and the potentially tragic mistake to under- 8,800-pound load of cocaine imported Defense and Interior Ministries cited as estimate his capabilities. We request into the United States through Cuba. criminal organizations.’’ that Castro be kept on the State De- In 1989, U.S. authorities captured 1,060 We continued in our letter to General partment’s list of terrorist nations and pounds of cocaine sent through Cuba to McCaffrey, In the last few months, the that a realistic threat assessment be the United States.’’ prosecution of Jorge Cabrera, a con- ‘‘Prior administrations,’’ we wrote to made, which includes an examination victed drug dealer, has brought to light General McCaffrey, ‘‘have correctly of Cuba’s biotechnical capabilities, as additional information regarding identified the Castro regime as an the Castro dictatorship moves towards narcotrafficking by the Castro dicta- enemy in the interdiction battle. As its final stage. torship. Cabrera was convicted of This letter was sent by nine Members early as March 1982, Tom Andrews, then Assistant Secretary of State for transporting almost 6,000 pounds of co- of Congress just a few days ago as I caine into the United States, sentenced stated, Mr. Speaker, to the Secretary Inter-American Affairs, stated before the Subcommittee on Security and to 19 years in prison, and fined $1.5 mil- of State and the Secretary of Defense. lion. Cabrera made repeated specific The evidence with regard not only to Terrorism of the Senate Judiciary Committee that ‘we now have also de- claims confirming cooperation between what we mentioned in that letter but tailed and reliable information linking Cuban officials and the Colombian car- specifically with regard to Cuba to trafficking narcotics as well as tels. His defense counsel has publicly narcotrafficking is extensive. The real- arms.’ On April 30, 1983 James Michel, stated that Cabrera offered to arrange ly sad aspect of this, in addition to the Deputy Assistant Secretary of State a trip under Coast Guard surveillance fact that it takes place, is that there is for Inter-American Affairs, testified that would proactively implicate the an undeniable pattern on the part of before the Subcommittee on the West- Cuban government. the Clinton administration to cover up ern Hemisphere of the Senate Foreign ‘‘Overwhelming evidence points to and deny every single piece of evidence Relations Committee, his remarks ongoing involvement of the Castro dic- existing linking Castro and his regime validated prior findings. ‘The United tatorship in narcotrafficking. The Con- to narcotrafficking into the United States has developed new evidence gress remains gravely concerned about States. A number of colleagues and I from a variety of independent sources this issue and we are deeply dis- sent a letter back in November of 1996 confirming that Cuban officials have appointed that the administration con- to General McCaffrey, the Director of facilitated narcotics trafficking tinues to publicly ignore this critical the Office of National Drug Control through the Caribbean. They have done matter.’’ Policy in the White House. We stated, so by developing a relationship with We ended our letter to General after some introductory paragraphs, key Colombian drug runners who on McCaffrey stating, ‘‘We appreciate the ‘‘There is no doubt,’’ we told General Cuba’s behalf purchased arms and opportunity to share these concerns McCaffrey, ‘‘that the Castro dictator- smuggled them to Cuban-backed insur- with you and can assure you that fur- ship allows Cuba to be used as a trans- gent groups in Colombia. In return the ther administration inaction on this shipment point for drugs. We were traffickers received safe passage of matter will be met by serious congres- deeply disappointed when DEA Admin- ships carrying cocaine, marijuana and sional concern as well as investigation istrator Tom Constantine testifying methaqualone through Cuban waters to as to its cause.’’ Administration inaction has contin- before the House International Rela- the United States.’ tions Committee in June said that July 1989. ‘‘Ambassador Melvin ued for the over 1 year after this letter. ‘there is no evidence that the govern- Levitsky, Assistant Secretary of State The letter in reply that we received ment of Cuba is complicit in drug for International Narcotics Matters, was a form letter, totally unaccept- smuggling ventures.’ On the contrary, testified that, ‘there is no doubt that able. Even more unacceptable has been there is no doubt that the Castro dicta- Cuba is a transit point in the illegal the continued cover-up of the adminis- torship is in the drug business.’’ drug flow. We have made a major com- tration of this evidence and much more We continue in our letter to General mitment to interdicting this traffic. that exists directly connecting the Cas- McCaffrey: ‘‘Your appearance before Although it is difficult to gauge the tro regime to the narcotrafficking of the committee that day was also very amount of trafficking that takes place cocaine and other deadly substances disappointing on this critical issue. in Cuba, we note a marked increase in into the United States. This is a situa- Castro and his top aides have worked reported drug trafficking incidents in tion that the American people have got as accomplices for the Colombian drug Cuban territory during the first half of to become aware of. The Clinton ad- cartels and Cuba is a key trans- 1989.’ ministration is covering up the connec- shipment point. In fact, just this year ‘‘We are sure,’’ we continued in our tion, covering up the reality of the sources in the Drug Enforcement Agen- letter to General McCaffrey, ‘‘that Cuban dictatorship’s cooperation with cy’s Miami field office stated to the while in Panama as Commander of the the drug traffickers, conspiracy with media that more than 50 percent of the U.S. Southern Command, you (General the drug traffickers to import narcot- drug trafficking detected by the U.S. in McCaffrey) became aware of General ics into the United States. There is a the Caribbean proceeds from or Noriega’s close relationship with Cas- cover-up of this issue by the Clinton through Cuba. Since the 1980s, substan- tro and of Castro’s intimate relation- administration. Every time that we tial evidence in the public domain has ship with the Colombian drug cartels. hear the President and the drug czar March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1531 and other leaders of this administra- b 2115 are we not hearing anything from our tion talking about this issue, the That has been confirmed by a Rus- administration, from the Commander cover-up continues, the cover-up is in- sian defector. The plant that Castro is in Chief whose responsibility under the tensified, the cover-up is magnified. running in cooperation with the Rus- Constitution is to protect the security There is absolute silence with regard to sians not only was able to obtain in of the American people, not only are this evidence. Desert Storm all of our military plans, we not hearing anything, but in a few days we are going to hear something But there is more. There is a spy cen- but made it available to Saddam Hus- officially coming from the Pentagon, ter, an espionage center in the out- sein. The same thing without any politically ordered, saying in effect skirts of Havana that picks up every doubt is happening now with regard to the plans that we have in case we have that there is no threat coming from single telephone conversation in the Castro’s Cuba. eastern United States. The Clinton ad- to go back into Iraq. And what are we hearing from the And what is really sad is that you ministration systematically ignores and I and most of the men and women the existence of that espionage center Clinton administration with regard to the Russian espionage center in Ha- in this Congress are extraordinary ad- and is doing absolutely nothing about mirers of our men in uniform and our it. It is a Russian espionage center that vana? Nothing. I see my friend from California here. women in uniform, and they are great has remained from before the collapse Mr. ROHRABACHER. I would just professionals. But the reality of the of the Soviet Union, and the Russians like to commend my colleague for not matter is that there are sometimes, maintain it. Even though the Soviet only this speech, but the diligence that sometimes examples of undue influence Union collapsed, that espionage center he has shown over the years in alerting of political decisions made in the continues to pose a threat to the na- us and the American people to what White House that are imposed upon the tional interests of the United States. Fidel Castro is all about. I do not know agencies of the executive branch, in- It is the Lourdes espionage center. It why, but there seems to be a romance cluding the Pentagon. was built in Cuba, according to a secret with this bearded fascist down there in So I urge, and a number of us have agreement between former Soviet and Havana, and people do not want to sent in writing our concerns to the Cuban special services, in the early admit the horror that he has brought Secretary of Defense and the Secretary 1960s. The station is controlled and op- to the people of freedom all over the of State with regard to this upcoming erated by the GRU, the Russian Mili- world. He has been one of the strongest whitewash. This will simply be unac- tary Strategic Intelligence Agency, enemies of freedom anywhere in the ceptable to publicly say that a drug and establishes a radio and electronic planet in the last 40 years, and his trafficker who maintains that Russian intelligence field over the southeast dirty deeds; you, know I could see back espionage center, and we have not got- United States and the Atlantic region, in the 1960s when people were idealist, ten into the nuclear power plants yet, collecting intelligence cyberdata in they would overlook the fact that when the Soviet-designed nuclear power close cooperation with Russian intel- he came to power he just cleared jails plants that Castro is doing everything ligence stations and field offices, mili- out and went out and shot people, you in his power, and he just received a $350 tary spy satellites, Navy reconnais- know, just summarily executed people; million line of credit from the Russians sance and Air Force reconnaissance. said those were Batista-ites or some- to complete less than 200 miles from This information came from a high thing. But as time went on, it seems the United States these Soviet-de- ranking Russian defector who recently that the liberal left in this country signed nuclear reactors. Defectors that came to the United States. seems to bend over backwards never to worked in the initial stages of their construction have sworn here under The main mission of the Lourdes es- acknowledge the wrongdoing of Fidel Castro. oath in congressional committees and pionage station is registration and pen- have stated to our intelligence commu- etration through coded and ciphered You mentioned, for example, his drug dealings. We know about his drug deal- nity that, even beyond the inherent radio, radio-technical/electronic, dangers of those nuclear plants, all of micro-waves and cellular signals in the ings. I mean, it is clear that this man and his cohorts down there have been which, by the way, of that design have eastern part of the United States, dis- been closed in the former Soviet Union closing American nuclear missile sub- involved up to their necks in drug deal- ings for decades. Robert Vesco, who we and in the former Communist countries marines’ combat patrol routes of Eastern Europe. Each of those throughout the Atlantic. The station know as probably the fellow who went down and organized the modern drug former Communist countries, now lib- routinely provides to Moscow’s mili- erated, has shut down those, they are tary-political leadership extremely im- movement in Latin America, where was his headquarters all of these years? called DD–440 Soviet nuclear power portant strategic military and eco- plants, because of their inherent dan- nomic, commercial and private infor- It was in Cuba. Yet when we try to con- front our administration with facts gers. But over and above the inherent mation about the U.S. and other coun- dangers, defectors have stated that tries in the Atlantic Basin. about who or where, you know, where are the drugs coming from and who are there were so many mistakes made in The station is capable of compromis- the kingpins, you never hear Fidel Cas- the initial stages in their construction ing the United States Government’s se- tro mentioned. that they are literally ticking time crets, commercial and private commu- And some of the things you are bombs. And we are hearing absolutely nications, monitoring all American bringing up tonight about what he has nothing from our administration with military movements throughout the done, and even a few years ago in regard to those nuclear plants. Atlantic region. This is something that Desert Storm, that threaten our na- I think it is indispensable. I think it was just confirmed. During Desert tional security, put the lives of our is the constitutional duty of the Presi- Storm, in that extraordinary effort led young men and women in the military dent of the United States to say those by President Bush and the United at risk; why is it that LINCOLN DIAZ- plants are not going to become oper- States of America in 1990–1991, when BALART has to be the one talking to an ational, period. Because that madman, this Nation’s military demonstrated to empty Chamber here and trying to gain that tyrant, if he is able to blackmail the world not only its technological the attention of the people of the the President of the United States with prowess but the genuine superpower United States? Where is our adminis- refugees, imagine with Soviet-designed status of the United States of America tration? Where are the people who are nuclear power plants. We are not only and liberated Kuwait, during Desert supposed to be watching out for our se- talking about a Chernobyl-type acci- Storm in 1991, in the Lourdes espionage curity? Well, they are making over- dent possibility, and I have the records center in Cuba, Russian specialists ob- tures to try to think, well, now is the in my files that within 72 hours as far tained and disclosed to the Iraqis the time we should loosen these restric- north as Washington, D.C. would re- U.S. military plans of the battle tions on Castro. ceive the radiation, the disaster would against Iraq, thus directly compromis- It is beyond me. be without parallel, without precedent ing American and allied troops in Mr. DIAZ-BALART. Mr. Rohr- in this country. Not only an accident, Saudi Arabia and in Iraq. abacher, it is worse than that. Not only but an incident manufactured or H1532 CONGRESSIONAL RECORD — HOUSE March 25, 1998 threatened by the Cuban tyrant with Quote, ‘‘This is a Chernobyl-like dis- precisely about Castro’s hatred for the those nuclear power plants. Simply un- aster just waiting to happen right off United States. acceptable. We are not only talking of our shores,’’ end quote, said Roger But if I may, Mr. Speaker, the ques- about the Cuban people being wiped Robinson, former senior director of tion was, what is Leonel Morejon out in the case of a Chernobyl, it is less international economic affairs at the Almagro, this renowned and respected than 200 miles from the United States. National Security Council. Quote, dissident, what is he doing presently We are not talking about Chernobyl in ‘‘Anything could happen given such for his country? the Ukraine. We are talking about So- horrendous deficiencies in design and viet-designed power plants less than 200 safety,’’ end quote. ‘‘We are working,’’ he answered. miles from the United States of Amer- ‘‘So concerned is the U.S. Depart- ‘‘Working and asking God to end this ica. ment of Defense,’’ here is the reaction nightmare. We continue working on And where is the administration? of the administration, ‘‘So concerned is the plebiscite; we have a good number Mr. ROHRABACHER. Well, this ad- the U.S. Department of Defense over of signatures.’’ Under the Cuban Castro ministration, if the gentleman will the plant’s safety that it plans to build constitution, theoretically, you can yield, is a horrible record. This is to- a radiation detection facility in Flor- put something on the ballot if you have tally consistent with what the admin- ida that would alert residents’’ in the 10,000 signatures. Of course, they never istration did the last time we were out United States along the entire Gulf of recognize those signatures. He is work- on vacation. What did they do? They Mexico and as far north as Washington, ing on that. He is thrown in jail on moved to eliminate the final impedi- D.C. ‘‘of leaks from the two reactors.’’ that, but nevertheless, he is working ments to any type of trade with Viet- The 1998 defense budget approved by on it, trying to find unity, a consensus nam. This administration which, by Congress provides $3 million for the of the people to achieve something im- the way, has of course been involved in early warning system. That is not the portant in this country. a scandal dealing with campaign dona- solution. It is too late. If this warning, tions that may have come from Red if this detection facility ever picks up In everything else, trying to grow each day China, has done more to eliminate radiation coming from those in the people, which is what is vital, to be able to perform a civic action that has real those people, the efforts by people to Chernobyl-style plants, it is too late. confront the Red Chinese on their repercussions and can create a movement They cannot be permitted to come on human rights abuses. with the strength of the people, to make the line. So, should we be surprised that in government sit down and talk to us. Or to this vicious dictatorship in Cuba that b 2130 change the political map of the country, they overlook all of the evil that is so That or any other project that can bring Mr. DIAZ-BALART. I thank the gen- about a consensus among the opposition, and apparent to anyone who gives an hon- tleman from California, and we will in the end mobilize the masses of the people, est look at the situation? work very intensely in the coming the opposition, the dissidents with a com- You know, I used to think these peo- months on this caucus in the Congress mon goal. That is the solution. I believe that ple were, you know, they just briefed in to educate our colleagues and the revitalizing the Cuban Council at this point peace and they were so blinded by some American people with regard to simply is important. desire for peace, but this is not a desire the unacceptable reality of the con- of peace. This is something patholog- What are the changes that Castro has struction of those plants and that they made? ical that when Communist countries cannot be completed. and enemies of the United States are With regard to the point made by the Castro has made absolutely no change. doing these type of things that you gentleman from California with regard Please, let us not make mistakes, let us not have outlined today, that we in some to Castro’s hatred of the United States, get happy, let us not have futile fantasies, ways should try to befriend them and nor celebrations in vain. Because Castro was just the day before yesterday, a dear in some way that the threat to us is very clear in his last speech. In his love to friend of mine, a former Cuban politi- going to be less because we are be- talk and talk, he said the following: ‘‘If they cal prisoner, spoke by phone with one friending this type of monstrous re- lift the embargo, those who are saying that of the most respected and leading dis- gime. if they lift the embargo we are going to Mr. DIAZ-BALART. The gentleman sidents inside of Cuba. change, we tell them,’’ Castro said that if There is an extraordinary story going they lift the embargo, ‘‘we will create true is correct in his analysis. The reality of socialism.’’ the matter is that just a few days ago, on unreported in Cuba. I have a list of March 20, a Fox News Service release 500 activists in my office, in the streets Please, Castro has not changed in the which was distributed, I do not know of Cuba, in all the provinces who are least. Castro has played a political hand, gentlemen. A pardon, to forgive some people. how many newspapers in the United disarmed, and they are seeking, they are fighting for democracy day in and We are happy because here are our brothers States picked it up, but nevertheless such as Alonso Romero, Omar del Pozo, et there was a release, a news release day out peacefully, in the midst of that totalitarian system and suffering ex- cetera. They have not left Cuba, but they are specifying this new commitment by the supposed to, they are being held in Villa Russians of a $350 million line of credit traordinary repression. Marista. Each time a political prisoner is to Castro for the completion of the nu- Of course, there are thousands in freed, we are happy, but that is not the solu- clear power plants. This was in the prison. But just the day before yester- tion. What do we gain if one political pris- news wires. And reading from that day, perhaps one of the most respected oner is released when tomorrow 20 others are news wire, the scenario could not be of those dissidents, a young lawyer, 33 arrested? The punishment is still there. more dire. years old, who we in this Congress I am threatened with a 20-year prison sen- A nuclear disaster in Cuba that nominated for the Nobel Peace Prize tence. They have told me this to my face, would send a plume of radioactive fall- when he was in prison last year, and that if I continue working for democracy, out across Florida and as far as Texas, the gentleman from California joined they will put me away for 20 years. They do the likes of which have not been seen in that petition to the Nobel Peace not let me speak, they shut me up. How can since the 1986 accident at Chernobyl in Prize Commission, because that young I possibly believe in a change in Fidel. Do man certainly deserved it, and we not believe that, because if Castro fools you, the Ukraine. And it also could not be then you are really dumb. more plausible, say some Cuba experts hoped to see if we could help him in his now, that Cuba and Russia have an- physical integrity and protection while Question: How do you see the U.S. nounced plans to resume work on two he was a political prisoner last year. capitalist sectors who wish to invest in long-stalled nuclear reactors located in He has now been released. Cuba? the island Nation’s western province of He was able to speak to a former po- litical prisoner and very good friend of Until now, the United States has, more or Cienfuegos, 180 miles from the United less, been able to hold back Americans from States. mine the day before yesterday. I would investing in Cuba. I think that if they allow The announcement came in the wake like to read the remarks and answers this to happen, this would be a great lack of of Russia’s decision just a few weeks in his reply to the questions posed by respect toward the Cuban people. Not only ago to free up $350 million in credits of- this gentleman who is now in exile, be- do they want to invest in Cuba, they want to fered to Cuba last year. cause one of the points he makes is come here for the ‘‘mulatta,’’ to be with the March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1533 ‘‘Caribbean mulatta’’ or the tanned boy. The Question: In Europe they say that if growing. And I would like to offer her a bet- investors who are already in Cuba are paying the embargo is lifted, Castro will be ter life. I am an attorney, I did well in my trifles. We are like the Indians. They are forced to make changes. career, the time that I was working. I lost buying us with necklaces, with glass beads. my career, I lost the possibility of practicing No, not true. The economic avalanche will That is immoral. It is indignant. because I thought, and I think, that it was not have any effect because, in Cuba, there is If they are able to achieve their wishes of my duty as a man to tell the truth in court no will for change. There is no entrepreneur- investing, where does that leave us; where and not remain quiet before injustice. I have ial spirit in the regime. The economic ava- does that leave the Cuban people who have lost, not lost, but gained years lived in pris- been kicked around for years, insulted; lanche, whatever it may be, is going to be calculated, controlled by the government. on, because they have given me the honor of where does that leave the people who have being able to tell my daughter and my suffered beatings, the disrespect, the intoler- Precisely to avoid change. Because the Cuban people are under a strong economic, grandchildren tomorrow that I suffered in ance? Where does that leave us? prison for opposing Castro. I believe in democratic capitalism, in the political and social control. The world may open up for Castro, but Cas- I do not want to lose my life, but if I have one that helps man. If they come here to in- to lose it, I’d do it happily to destroy a hate- vest, it is going to be a disaster, because the tro is not going to open up for the world. Be- cause Castro is only going to open up to his ful dictatorship in my country. But truly I Cuban people are not ready at this time, want to live. I want to live. I want to be able under these circumstances. Because the interests or for the benefit of the Communist to live. Look, in Cuba, one does not live, peo- Cuban people are a slave people. The Cuban Party’s interests. Tomorrow the blockade or embargo can be ple leave Cuba because you cannot live here. people are slaves. And under those conditions we cannot win, lifted, and the Europeans want to invest in In Cuba, there is no future. Cuba is a coun- because nobody who respects himself, for a Cuba. But to invest in Cuba, they need to go try condemned to a totally indecent present. little bag at the end of the month and for through the government’s commercial fil- A hateful present. And somebody has to do $148 a year is going to work in this country, ters, because in Cuba there is no commercial it. It is my place to speak in the name of nobody is going to do it. And those who do it freedom, it does not exist in an external or those Cubans who are afraid, very afraid, are unhappy doing it. internal sense. who have many responsibilities, what they For this country to take off economically, In Cuba, every internal investment needs cannot say. to go through a commission which decides there needs to be economic freedom. Cubans Is there hope? have to be able to invest. The people need to what is going to be done. Foreign investors live. The people need to prosper, the people cannot meet with Cuban partners. In Cuba, there are thousands of people who What do you think motivates those who need to be able to buy a car when they want are waiting for the opportunity. We can real- wish to save Castro? The underlying envy of to, save money whenever they want to, and ly destroy this in a matter of months, but we Europe and the rest of the Americas towards Castro is not going to allow that, because need to see the formula. What the people the United States. Castro has utilized that that is the way to losing power. Because for need to understand is that the solution is very well. They see Castro as the symbol of Castro to remain in power, he needs the within us. Let us see how we get there. I anti-Americanism, the anti-yankee, and they CDR, the Committees for the Defense of the have been trying to figure out how to do it. want to save him. They want to save his leg- Revolution, militants among the youth, But we have on top of us the entire intel- among the party. He needs to have the peo- end. ligence apparatus. We are a people controlled But Castro has used that legend to hurt ple hungry and the people under control. by the yoke. the Cuban people, to hurt you, and to hurt Everyone knows that I am in favor of the What is the future of the Cuban oppo- Helms–Burton law. me. I cannot have a normal life. What I want most is to enjoy my life. I do not want to be sition? We are talking about a brave man, president or even a councilman from I can guarantee you something. Perhaps talking by telephone to the United Marianao. tomorrow we cannot call upon a million peo- States. Everyone knows that. He says What I want is democracy in Cuba. Then ple to show strength among the people, but that he is in favor of the Helms–Burton after that, I want to write poetry, study I can tell you that no matter what they do law. piano, I want to travel, I want to study ecol- to us, they will not be able to get rid of us, What I want is for Castro and the Cuban ogy, dedicate myself to my wife and to my to eliminate us. The Cuban opposition was Government to give my people rights, to me, daughter. I want to dream. I want to write a born, grew, and here to stay. Fall who may, to my daughter, to my wife, and everyone. book. I want to live, damn it. And that is im- and do what they do, we will be here. possible in Cuba, just impossible. The embargo is not a Cuban problem. I re- What would you say to those who member when I was in high school, in 12th I am not a politician. What I am is an idealist. And, in Cuba, one cannot live. It is wish to invest while Castro is still in grade. During that time, petroleum was power? being thrown away. Petroleum and gasoline impossible. Because, in Cuba, one cannot live were wasted, were used for no reason. Be- under this system. In Cuba, our dreams have We have to tell them not to get desperate cause 13 million tons were received each been castrated, there is a castration of the to invest in Cuba because they will lose more year. There was too much for an island such Cuban youth. investing today than waiting for tomorrow. as this. To the point that oil was sold to What do you recommend be done at They should invest in a country with full Nicaragua, to Africa, and the Caribbean. this time? economic rights and guarantees. At that time, Fidel Castro didn’t even re- It is necessary to help the opposition. The That is the message that we have to give member the embargo. My God, it is not a opposition needs real and concrete help, not the Americans who are dying to invest in blockade problem. Fidel Castro uses it as a just in heart and soul, it is needed in every Cuba. We have to tell them to remain calm. shield, but when Castro does not have an em- sense. Much can be done, but there are too They will have opportunities to invest in a bargo, he is going to have a conflict with the few resources for everything. There is noth- country that really has economic potential, United States to say, well, the gringos lifted ing here. There is not even a Crayola to with security, and peace. Because Cuba right the embargo, but now we cannot leave our paint. now is a time bomb, because a people such as one party, nor can we abandon socialism. The Cuban Council is hope. And what peo- this, is not going to, even if it is dormant, And then he will say to those who come to ple do is flee, leave the country. That takes even if it is in a long lethargy difficult to invest that they have to be very careful, be- away from us. It takes away from us and we wake from, it is not going to resign itself to cause they are our eternal enemies. The leave the solution in the hands of that man, live as slaves. Because Cuba, at this time, is speech will then be that it is a strategy to of this man who is a monster, who is deliri- a country of people who are tired and sod- threaten him, Castro. It is a strategy so that ous, who is paranoid, a lunatic, whatever he omized. Castro has simply sodomized the we open up and lose power. And then he will is. Who has ruined our lives, who has ruined Cuban people. ask more than ever not to lay down arms. my life. And we must tell those investors not to get They will celebrate the lifting of the embar- Are you scared of anything? desperate, help more by pressuring the gov- go as a political victory, and everything will ernment, more so that it opens up, more to Yes, I am. I do not want to walk alone at remain the same. make a safe society, a pluralistic society, a night. I am worried because my wife is very society with all its social dynamics, its free- Question: What policy should be fol- nervous, due to threats I have received. I do dom, and its capabilities open so that they lowed? not want a bus to mysteriously run over me. may prosper. Until there is a real opening in democratic I am 33 years old, I do not want to be cru- Cuba, until we have the possibility of pub- cified. I aspire to live the happiest moment Leonel Morejon Almagro, from Cuba, licly debating the country’s problems, until of my life, the moment of meeting again the national coordinator of the um- there is the possibility for real change, there with you, with the good that you are, not the brella of 140 dissident and independent can be no softening of the sanctioning of the bad. The good that can be found in Cuba, to press and professional and workers or- government, with regard to the pressure on meet again and breathe, breathe in a free ganizations. This is the Cuban people the government, acting as though it were a country. I want that. That will be the normal government. If the embargo is lifted, happiest moment of our lives. speaking. we are lost. It will be a great defeat for the I have a 6-year-old daughter. I sleep in one In addition to that, you know that country. room with my wife and my daughter. She is the three Cuban American Members of H1534 CONGRESSIONAL RECORD — HOUSE March 25, 1998

Congress, both Republicans and Demo- MALONEY), the gentleman from New Greek Independence Day. Every year crats speak like this man speaks, be- Jersey (Mr. PALLONE), my colleagues since 1986, a resolution has been co- cause we know what the Cuban people that are here. They are representative sponsored by over 50 Senators and feel. of the overwhelming majority of the passed in the Senate, as well as one in Our friends in Congress here, who are Congress of the United States in both the House, sponsored by over 218 Mem- all of you, coincidentally, who are here parties who stand with the right of the bers, and passed. this evening, from both parties, the Cuban people to be free. The President of the United States friends of the Cuban people respect the We are, in the next few days, going to has once again signed a proclamation Cuban people and want free elections celebrate the 100th anniversary of the this year recognizing this day as Greek for the Cuban people, and they listen to resolution passed by this Congress that Independence Day, and I would like to the Cuban people’s representatives like said Cuba is and it ought to be free and insert his proclamation into the Leonel Morejon Almagro. I thank the independent, as we told the Spanish co- RECORD at this time. representatives. lonialists, who invented the concentra- GREEK INDEPENDENCE DAY: A NATIONAL DAY On behalf of Leonel Morejon Almagro tion camp under General Wahler. By OF CELEBRATION OF GREEK AND AMERICAN and the Cuban people, I thank the rep- the way, interestingly enough, Castro’s DEMOCRACY, 1998 resentatives of the American people father was sent to Cuba to fight the BY THE PRESIDENT OF THE UNITED STATES OF and the American people for standing Cuban insurrection as a Spanish soldier AMERICA—A PROCLAMATION on the side of Cuba’s right to be free. under General Wahler and General This year, as we mark the 177th anniver- sary of the advent of Greece’s struggle for b 2145 Wahler invented the concentration camp, and he put entire segments of independence, we celebrate with the Hellenic Mr. ROHRABACHER. Mr. Speaker, if Republic and recognize the close ties that the Cuban population in concentration have long existed between Greece and the the gentleman will yield, I think that camps to defeat the insurrection. it is vital that we understand that if we United States. Through two centuries, our Mr. Speaker, it was the American nations have enjoyed a strong and enduring do what is right now, and we have the people, and the American people alone, friendship. For more than half a century, we courage, as this man suggested in the that stood with the Cuban people, and have stood together in NATO, modern his- reading, that we discipline ourselves Cuba was free and independent. The tory’s most successful alliance. and not rush in to try to invest in Cuba United States withdrew from Cuba Our bonds are deeper still, however, for we before Castro is gone. after helping the Cuban people defeat are joined by blood, culture, and a profound commitment to shared values. Greek ideals Castro will some day be gone, wheth- Spanish colonialism in 1888 and the er it is natural causes or otherwise, of democracy and freedom inspired our Na- United States withdrew in 1902. tion’s founders and breathed life into Ameri- and the Cuban people will have a The relationship between Cuba and ca’s experiment with democratic self-govern- chance to be free. But I fear that Amer- the United States has always been ment. Generations of Greek Americans have ican businessmen, as they are doing in friendly, except for this madman who enriched every aspect of our national life—in China and as they are doing in other represents the anti-Cuba and who will the arts, sciences, business, politics, and dictatorships, are rushing not to try to soon be gone from the face of the Earth sports. Through hard work, love of family have a positive influence, but instead, and will be in the dust bin of history. and community, steadfast commitment to are looking at the quick buck and are I thank the Congress of the United principle, and a deep love of liberty, they establishing economic ties with these have contributed greatly to the prosperity States; I thank the leaders who are and peace we enjoy today. totalitarian regimes which will give here who represent the majority opin- The bonds between America and Greece, in life to those regimes. ion of the Congress and of the Amer- fact, have never been stronger than they are In other words, I believe that once ican people, and I thank the American today. We are partners in the effort to find a American businessmen invest in Cuba, people for time after time after time lasting, peaceful solution in the Balkans and we will find that Communist Cuba has standing with freedom, standing with to build an enlarged NATO that will enhance a whole new group of advocates in the democracy, two times in this century, our common security. As our two nations prepare for the challenges and possibilities United States, as we have seen in saving the world from tyranny. This is China, as we have seen people who are of the new millennium, we look forward to a noble people, and what an honor to be building on that partnership so that the supposed to be talking about democ- able to stand in this Congress of this seeds of democracy we have nurtured to- racy in China because they are Ameri- great Nation of the United States of gether for so long will bear fruit in a bright cans and they are investing in China America. future not only for ourselves, but for our and up spending all of their time trying f global community. to do what? Trying to lobby us not to Now, therefore, I, William J. Clinton, be tough on China because of the GREEK INDEPENDENCE DAY: A President of the United States of America, abuses of human rights there. This NATIONAL DAY OF CELEBRATION by virtue of the authority vested in me by the Constitution and laws of the United same thing could happen in Cuba. The SPEAKER pro tempore. Under States, do hereby proclaim March 25, 1998, as Mr. DIAZ-BALART. Mr. Speaker, re- the Speaker’s announced policy of Jan- Greek Independence Day: A National Day of claiming my time, at the very least, uary 7, 1997, the gentlewoman from Celebration of Greek and American Democ- even though we have not been able to New York (Mrs. Maloney) is recognized racy. I call upon all Americans to observe prevent what I personally consider an for 60 minutes. this day with appropriate ceremonies, activi- immoral policy with regard to the Chi- GENERAL LEAVE ties, and programs. nese Government, because the real Mrs. MALONEY of New York. Mr. In witness whereof, I have hereunto set my matter is that the Chinese Government hand this twelfth day of March, in the year Speaker, I ask unanimous consent that of our Lord nineteen hundred and ninety- uses slave labor and the multinational all Members may have 5 legislative eight, and of the Independence of the United corporations are investing in that mar- days within which to revise and extend States of America the two hundred and ket and benefiting from the slave labor their remarks on this Special Order. twenty-second. of the Chinese people. We have not The SPEAKER pro tempore. Is there WILLIAM J. CLINTON. been able to stop that because it is a objection to the request of the gentle- Mrs. MALONEY of New York. Mr. billion people and it is too strong for us woman from New York? Speaker, Greece has been called the to have stopped it. There was no objection. birthplace of United States democracy, But at the very least we can say in Mrs. MALONEY of New York. Mr. and I would like to quote: ‘‘Our Con- this hemisphere, this is a hemisphere Speaker, I am here tonight with my stitution is called a democracy because of democracy and this is a hemisphere colleagues to commemorate the 177th power is in the hands not of the minor- of freedom and the Cuban people are anniversary of Greek Independence ity, but of the whole people. When it is not the only people that should be con- Day, which is a national day of celebra- a question of settling private disputes, demned to live in tyranny in this hemi- tion of Greek and American democ- everyone is equal before the law. When sphere; no, they deserve to be free. racy. it is a question of putting one person Mr. Speaker, I thank the gentleman While commemorative resolutions before another in positions of public re- from Florida (Mr. BILIRAKIS), the gen- are no longer permitted in this House, sponsibility, what counts is not the tlewoman from New York (Mrs. there is still tremendous support for membership of a particular class, but March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1535 the actual ability which the man or So today, as we mark the 177th anni- Whereas the United States Government woman possesses.’’ versary of Greece’s struggle for inde- has sought to identify the remains of United This sounds like it could have been pendence, we celebrate with the Hel- States citizen Andreas Kassapis and hopes written by one of our Founding Fa- lenic Republic and recognize the close that this action will lead to further break- throughs on the subject of the missing from thers, but it was actually written by ties that have long existed between both communities in Cyprus; Pericles in an address made in Greece Greece and the United States. Whereas, in July 1997, the House of Rep- 2,000 years ago. On this occasion we should also di- resentatives and the Senate adopted House Thomas Jefferson once said, ‘‘To the rect our attention to the Island of Cy- Concurrent Resolution 81 and Senate Con- ancient Greeks we are all indebted for prus, which for 24 years now has been current Resolution 41 calling for a United the light which led ourselves, the striving for an end to its tragic divi- States initiative to resolve the situation in American colonies, out of Gothic dark- sion and the illegal Turkish occupation Cyprus on the basis of international law, the ness.’’ of 37 percent of the island. Again, Cy- provisions of relevant United Nations Secu- Just as Greek ideas of democracy and rity Council resolutions, democratic prin- prus is on the verge of becoming a ciples, including respect for human rights individual liberties became the founda- flash-point for regional conflict be- and fundamental freedoms, and in accord- tion of our government, the American cause of Turkey’s opposition to Euro- ance with the norms and requirements for Revolution became one of the ideals of pean membership for Cyprus. Last fall, accession to the European Union; the Greeks as they fought for their H.R. 81 passed the House of Representa- Whereas the House of Representatives and independence in the 1820s. Greek intel- tives unanimously calling for a peace- the Senate in these concurrent resolutions lectuals translated the Declaration of ful solution to the Cyprus problem. also consider that lasting peace and stability Independence of the United States and President Clerides of Cyprus was re- on Cyprus could be best secured by a process of complete demilitarization of the island; used it as their own declaration. cently reelected to a second term, and During the fight for independence, a Whereas United Nations Security Council Cyprus is to begin negotiations with Resolution 1092 of December 23, 1996, states Greek commander in chief, Petros the European Union next week on that a Cyprus settlement must be based on a Mavromichalis, appealed to the citi- March 31st. state of Cyprus with a single sovereignty and zens of the United States saying, ‘‘Hav- Mr. Speaker, it is now time to reaf- international personality and single citizen- ing formed the resolution to live or die firm our commitment to a peaceful so- ship, with its independence and territorial for freedom, we are drawn toward you lution. We must use Cyprus’s EU acces- integrity safeguarded, and comprising 2 po- by a just sympathy, since it is in your sion as an impetus for positive progress litically equal communities as described in the relevant United Nations Security Coun- land that liberty has fixed her abode, and not let Turkey use it as an excuse and by you that she is prized by our fa- cil resolutions in a bicommunal and bizonal for heightened tensions. A positive con- federation and that such a settlement must thers. Hence, honoring her name, we tribution by Turkey to help resolve the exclude union in whole or in part with any invoke yours at the same time, trust- situation in Cyprus would facilitate country or any form of partition or seces- ing that in imitating you, we shall imi- Turkey’s aspirations to become a mem- sion; and tate our ancestors and be thought wor- ber of the European Union. We should Whereas the Congress intends to remain thy of them if we succeed in resembling use our influence in the region to help actively seized of the matter: Now, therefore, you. It is for you, citizens of America, Turkey to understand this. be it Resolved by the House of Representatives (the to crown this glory.’’ That is why I, along with many of my Through two centuries, Greece has Senate concurring), That the Congress strong- colleagues, introduced a resolution to ly urges the President— been a long and trusted ally. In fact, assert our position on a peaceful solu- (1) to seize the opportunity presented by they fought alongside the United tion to Cyprus. This bill encourages the beginning of a new presidential term in States in every major international Turkey to work with Greece and Cy- the Republic of Cyprus and the opening ac- conflict of this century. For more than prus to find a just solution, and I would cession negotiations between Cyprus and the half a century, we have stood together like to introduce into the RECORD at European Union to launch an initiative to in NATO, in friendship, and in alliance. this time the resolution which the gen- resolve the situation in Cyprus based on the parameters and principles set forth in House During the early 1900s, one of every tleman from Florida (Mr. BILIRAKIS) four Greek males between the ages of Concurrent Resolution 81 and Senate Con- and I are presenting today with well current Resolution 41 of the 105th Congress 15 and 45 departed for the United over 32 cosponsors. and United Nations Security Council Resolu- States of America, and I might add H. CON. RES— tion 1092 of December 23, 1996; and that many of them settled in Astoria, (2) to continue the bimonthly reports to Queens, which I am fortunate to rep- Whereas President Glafcos Clerides of the the Congress on the active engagement of resent. Astoria is one of the largest and Republic of Cyprus was recently re-elected the United States in the efforts to find a so- most vibrant communities of Greek for a second 5-year term with a renewed lution to such situation in Cyprus. and Cypriot Americans in this country. mandate to resolve the situation in Cyprus Mrs. MALONEY of New York. Hope- It is truly one of my greatest pleasures arising from Turkey’s invasion of the island fully, Mr. Speaker, we will soon cele- in Congress to be able to participate in in 1974 and its continuing military occupa- brate Cyprus Day when, once again, the life of this community with the tion of 37 percent of Cyprus’ territory; the entire island would be united. How- wonderful and vital Greek American Whereas the international community, in- ever, the reason we are here today is to cluding the United States, is expected to en- friends that I have come to know. gage in a sustained effort to bring about a celebrate Greek Independence Day. I have also had the pleasure of estab- just, viable, and comprehensive solution to There has always been a very special lishing, along with my great friend the situation in Cyprus; bond of friendship between our two from the great State of Florida, (Mr. Whereas Cyprus will begin negotiations countries, and there is no better way to BILIRAKIS) the Congressional Caucus on with the European Union on March 31, 1998, show this than as we did today with a Hellenic Issues. This caucus allows for accession to the European Union; concrete vote on this floor which was Members of the House to join together Whereas it is recognized that the prospect helpful to Greek citizens in our coun- to find ways to work together toward of Cyprus’ accession to the European Union try. could serve as a catalyst for resolving the better United States Greek and Cypriot situation in Cyprus; Today, Congress voted overwhelm- relations. Whereas the entire population of Cyprus, ingly, 360 to 46, for an amendment. This We are here tonight because 177 years including the Turkish Cypriots, would bene- amendment will allow people from ago the revolution which freed the fit greatly from Cyprus’s membership in the Greece to travel to the United States, Greek people from the Ottoman Em- European Union; whether for business or pleasure, with- pire began. Greece remained under the Whereas a positive contribution by Turkey out getting a visa, just as Greece al- Ottoman Empire for almost 400 years, to the solution of the situation in Cyprus, as lows Americans to travel to their coun- and during this time, the people were repeatedly called for by the United States try without a visa. deprived of all civil rights. Many vol- and the international community, will not I would really like to end with a only facilitate Turkey’s aspirations in Eu- unteers from various localities in the rope but will also enhance stability and quote from the great poet, Shelley, and United States sailed to Greece to par- peace in the Eastern Mediterranean and will he said, ‘‘We are all Greeks. Our laws, ticipate in Greece’s war for independ- safeguard the interests on the United States our literature, our religion, our art ence. in the region; have their roots in Greece.’’ Tonight H1536 CONGRESSIONAL RECORD — HOUSE March 25, 1998 we celebrate Greek independence and We also celebrate this day because it landscape has changed remarkably the many contributions of Greece to marks the symbolic rebirth of democ- since I came to Congress. I was elected American culture. racy. On this day, as we have already to this body when tensions from the Mr. Speaker, I yield to the gentleman said, 177 years ago Greece began to re- Cold War had reached epic proportions. from Florida, (Mr. BILIRAKIS), the co- store its glorious heritage through a We lived in a world that feared, if not founder and cochair of the Hellenic desperate and unequal struggle for expected, nuclear war and its devastat- Caucus. We appreciate all of the gen- freedom. On March 25, 1821, the Greek ing consequences. Eastern Europe re- tleman’s hard work on behalf of a bet- people rose in rebellion, igniting a 7- mained behind the iron curtain of com- ter bond of friendship between Greece year struggle for independence from munism, and its people lived largely at and the United States. 4300 years of foreign domination by the the mercy of leaders in the Kremlin. Mr. BILIRAKIS. Mr. Speaker, I Ottoman Turks. That historic day led We lived in a world divided between thank the gentlewoman. I thank her to a widespread revolution that at- those who were free to determine their for leading this Special Order and for tracted international attention. destinies and those who were not. her great work regarding the human In fact, President James Monroe There is probably no better or per- rights areas particularly of Greece and issued a declaration in December, 1822, haps worse symbol of this division than Cyprus. supporting, as he called it, Greece’s the Berlin Wall. The wall divided Ber- Mr. Speaker, I too proudly rise today noble struggle. It read, in part, and I lin physically, but its meaning divided to lead my colleagues in honoring the quote, ‘‘That such a country should the world. Through determined Amer- valiant Greek freedom fighters who have been overwhelmed and so long ican leadership and a strong desire to began an arduous struggle to win inde- hidden under a gloomy despotism has be free, the winds of freedom blew pendence for Greece and its people on been a cause of unceasing and deep re- through Eastern Europe and liberated this day 177 years ago. So today, we do gret. A strong hope is entertained that a continent oppressed by Communist celebrate Greek Independence Day. these people will recover their inde- rule. My colleagues may ask themselves, pendence and resume their equal sta- I know my colleagues shared the why we are commemorating those who tion among the nations of the Earth.’’ pride that I felt watching tiny cracks secured independence for Greece, and When the Greeks began this glorious of freedom grow until the Berlin Wall the answer is really simple. Greek revolution after 4 centuries of Turkish crumbled under the weight of its op- Independence Day, like the 4th of July, oppression, they faced what appeared pressive rule. We have witnessed free- reminds us that we have a duty, a to be insurmountable odds. It was truly dom and democracy triumphing over moral responsibility, to defend free- David versus Goliath. The Greek free- tyranny and oppression time and time dom, whatever the cost. Today we pay dom fighters had an unwavering com- again. Yet, in some parts of the world, tribute to all of history’s freedom mitment to the cause of freedom, and the struggle for freedom and independ- fighters. We honor their triumph and were prepared to live free or die. Remi- ence continues today. spirit, because they valiantly fought niscent of Patrick Henry’s famous dec- Ironically, it is still being challenged and died for the ideals we and they laration, ‘‘Give me liberty or give me in the Mediterranean. Turkey contin- hold dear. death,’’ the Greeks adopted their own ues, Mr. Speaker, to illegally occupy One American patriarch, President creed, ‘‘Eleftheria I Thanatos,’’ liberty Ronald Reagan, said that freedom is a Cyprus, as it has since its brutal inva- or death. sion, code named Atilla, in 1974. Since fragile thing and is never more than In his book, Freedom and Death, re- the invasion, 1,614 Greek Cypriots and one generation away from extinction. nowned Greek author Nikos Kazant- five Americans have been missing. He reminded us that freedom is not zakis recounted the last battle of his As a result of a congressional man- ours by inheritance, but must be hero, a Captain and Greek patriarch date, our government recently discov- fought for and defended constantly by who was surrounded by Turkish forces ered the remains of one of these Ameri- each generation. and contemplated the wisdom or folly cans, a young boy, Andreas Kasapis, b 2200 of sacrificing himself and his men. Kazantzakis writes, ‘‘He looked who was 17 when the invasion occurred. As we know, freedom is not free. Our about him at the comrades, down at I am proud to announce that I am an freedom has been paid for with hun- the Turks far below, up at the original cosponsor of legislation to ad- dreds of thousands of lives, with sweat uninhabited sky high above. Freedom dress this serious matter. and blood, and with a measurable sac- or death, he muttered, shaking his The bill was introduced by my co- rifice. The freedom we enjoy today is head fiercely, freedom or death. Oh, chair of the Hellenic Caucus, the gen- due to the sacrifices made by men and poor Cretans. Freedom and death, tlewoman from New York (Mrs. CARO- women who were willing to accept the that’s what I should have written on LYN MALONEY), and urges the President highest and most noble responsibility, my banner. That is the true banner of to resolve the unacceptable division of that of defending and promoting free- every fighter, freedom and death, free- Cyprus. This legislation also asks the dom. dom and death.’’ President to report to Congress on U.S. This spirit of freedom began in an- In the ensuing battle moments later efforts to promote a solution in Cy- cient Greece, but it has manifested a bullet pierced his head and gave him prus. itself around the world in different cen- both, freedom and death. Our Greek The United States, Mr. Speaker, we turies throughout history. History has brothers earned their liberty with know cannot be the world’s policeman, provided shining examples of heroic blood. As I have recounted many times but we must use our freedom to help fights for freedom. For instance, we before, the history of the Greek war for others who share our passion for lib- saw it in Afghanistan, where its people independence is filled with acts of her- erty and peace. Our Nation has always defied the Soviet Union and refused to oism. The fabric of Greek independence been willing to fight for freedom on be- be oppressed. Afghanistan, like Greece, is woven from remarkable acts by com- half of others. As Americans, as defend- was ravaged, its people murdered and mon people united with a singular pur- ers of democracy, as righteous human its villages destroyed. pose to break free from Turkish oppres- beings, we must not and cannot remain Just as the Greek patriarchs fought sion. idle while Cyprus remains divided. foreign domination, the Afghan people It is a story of the Klephts who de- Finding a fair resolution for Cyprus refused to submit to Soviet aggression. scended upon their invaders from the will help stabilize a region that is more They persevered because they believed mountain stronghold. It is also the often marked by conflict than accord. that they should determine their own story of the Hydriots, seafarers who Cyprus has been a strong U.S. ally for destiny. broke the Ottoman naval blockade. It many, many years. As partners in the Let me emphasize that all civilized is a story about the Philhellenes who fight for freedom the United States nations inherited the principles of free- took tales of heroic Greek actions to must accept responsibility and meet its dom and democracy from ancient Europe, where they gained inter- obligation to Cyprus. Actions do speak Greece. The Greeks forged the first so- national recognition. louder than words, and thus far our ac- ciety which was governed by these The spirit of Greek heroism contin- tions have paled in comparison to our principles. ues in freedom’s defense. The Greek words. March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1537 Let me emphasize that this is cer- Greece out of the darkness of tyranny Minister Metakis refused Mussolini’s tainly not a partisan issue. Cyprus has and into the light of freedom and de- ultimatum to surrender with an elo- been divided for 24 years, a time that mocracy. If we are to maintain our quent one-word answer, ‘‘Ohi’’, Greek has spanned both Republican and freedom, we can neither take it nor its for no. Democratic administrations. architects for granted. World War II’s aftermath left Europe To those who preach freedom but That is why I stand here with the mired in the Cold War, and Greece, promote inaction, the U.S. did not re- gentlewoman from New York (Mrs. then a NATO ally, and a NATO ally to main neutral when imperialism shook MALONEY), and so many of my other this day, once again answered the call. Europe’s foundations during World War colleagues who have yet to speak, Greece showed its national valor and I, and the U.S. did not fail to act when every year to honor those who secured sense of historic mission, joining forces the clouds of German and Italian atroc- independence for Greece. Again, I with the United States in preserving ity descended upon Europe and the rest thank the gentlewoman from New and protecting the freedoms enjoyed of the globe during World War II. York (Mrs. MALONEY). today by an unprecedented number of Throughout the history of the United Mrs. MALONEY. Mr. Speaker, I the world’s people. The qualities exhib- States, we have answered the call of thank the gentleman for his very elo- ited by the Nation of Greece, Mr. freedom. quent remarks and leadership in the Speaker, are a reflection of the strong We are fortunate to live in the great- Hellenic Caucus. character and values of its individual est democratic republic in the world. Mr. Speaker, I yield to the gentleman citizens. Therefore, as the leaders of the free from New Jersey (Mr. FRANK PALLONE), The United States has been greatly world, we must foster freedom when it who is the chair of the Armenian Cau- enriched as many sons and daughters is challenged. In October we were cus, and has been a leader on Greek of Greece made a new life here in graced by his All Holiness, Patriarch issues and many other important America. The timeless values of Greek Bartholomew, who is the spiritual lead- issues before this Congress. culture have endured for centuries, in- er of 300 million orthodox Christians Mr. PALLONE. Mr. Speaker, I thank deed, for millenia. But I regret to say, worldwide, including 5 million Ameri- the gentlewoman. I would like to Mr. Speaker, that to this day the cans. begin, as I do every year, by thanking Greek people must battle against op- In his remarks in the Capitol Ro- the gentlewoman from New York (Mrs. pression. My two colleagues have already men- tunda, Patriarch Bartholomew elo- MALONEY) and the gentleman from tioned that for almost 24 years now, quently noted that the orthodox Florida (Mr. BILIRAKIS) for organizing Greece has stood firm in its determina- church ‘‘may be opposed, but opposes this hour to honor the anniversary of tion to bring freedom and independence no one; may be persecuted, but does Greek Independence Day. to the illegally occupied Nation of Cy- not persecute; is fettered, but chains My colleagues, my two colleagues, prus. Like their forefathers, who were no one; is deprived of her freedom, but are both tireless champions of Greek- under control of a hostile foreign power American relations, and I thank them does not trample on the freedom of for four centuries, the Cypriot people both for their leadership of the con- others.’’ hold fast in defiance of their Turkish I was heartened, Mr. Speaker, when gressional Hellenic Caucus, and their aggressors with every confidence that Congress awarded the Congressional tireless efforts to strengthen the ties they will again be a sovereign nation. Gold Medal to Patriarch Bartholomew between our two countries. Negotiations aimed at achieving settle- Today, March 25, it has been noted, in October. He received this honor, the ment to the Cyprus issue are an impor- Greece celebrates its 177th year of inde- highest that can be bestowed upon an tant priority for American foreign pol- pendence. And despite the late hour, individual by Congress, because of his icy. commitment to promote peace, under- many of us are pleased to be able to I just want to say that I am proud to standing, and religious tolerance take this time to praise a society that be an original cosponsor of legislation around the world. represents, in a historical sense, the that was introduced today by the gen- The Patriarch spread his message of origins of what we call Western cul- tlewoman from New York (Mrs. peace, even though the Ecumenical Pa- ture, and in a contemporary sense, one MALONEY) and also the gentleman from triarchate in Istanbul has been repeat- of the staunchest defenders of Western Florida (Mr. BILIRAKIS) that asserts our edly subjected to terrorist attacks. The society and values. strong support for a peaceful solution latest act of violence came only weeks There are many of us in the Congress in Cyprus. We have to keep up this ef- after the Patriarch delivered his stir- on both sides of the aisle who are fort, as these two leaders in Congress ring speech to Congress. I have intro- staunchly committed to preserving and have done, in making it clear that we duced legislation urging the U.S. gov- strengthening the ties between the want an independent and sovereign Cy- ernment to provide protection to the Greek and the American people. I prus that is united and that is free of Patriarchate and its personnel. would say that Americans and Greeks Turkish military rule. Again, I would, Mr. Speaker, like to are growing even closer, bound by ties The reelection of President Clerides thank my friend, the chairman of the of strategic and military alliance, com- and the bid of Cyprus to join the Euro- Committee on International Relations, mon values of democracy, individual pean Union also offer an historic oppor- the gentleman from New York (Mr. freedom and human rights, and close tunity for peace on the island. I would GILMAN), who always joins us in our personal friendships. point out to Turkey that a positive special orders, for supporting the inclu- In the early 20th century, Mr. Speak- contribution by that country to both sion of this language in the conference er, Greece stood by the United States the peace process and the European report on the State Department Reau- in World War I. When Hitler’s war ma- Union accession by Cyprus could be a thorization Act. We must continue to chine decimated Europe in the middle start in helping Turkey undo some of take a strong stand in support of reli- of this century, Greece again stood on the damage they have caused with gious freedom and human rights world- the same side as the United States; I their intransigent and aggressive poli- wide. might add, at great cost to the Greek cies. Let me close with the words of Presi- people and the Greek Nation. We also have to continue to work dent John F. Kennedy, who in June, History has shown that the historic with Greek leaders and the United Na- 1963, spoke to the citizens of West Ber- battle of Crete, in which the indomi- tions to secure protection for the Ecu- lin at the Berlin Wall. He correctly table spirit of the Greek people forced menical Patriarchate and orthodox pointed out that freedom is indivisible, Hitler to delay his planned invasion of Christians residing in Turkey. As the and when one man is enslaved, all are Russia, was one of the most important gentleman from Florida (Mr. BILI- not free. He went on to say that all free battles of the Second World War. RAKIS) mentioned, last year we were men were citizens of Berlin. Last October I joined my colleague, shocked by the terrorist attack on the Mr. Speaker, all free men are the gentleman from New Jersey (Mr. Ecumenical Patriarchate in Istanbul. Philhellenes. We must end the division PAPPAS), who is here tonight, in paying Many of us in this Congress called on of Cyprus and reaffirm our commit- tribute to ‘‘Ohi’’ Day, commemorating our administration to issue a strong re- ment to the Greek patriarchs who led that day in 1940 when Greek Prime sponse to this tragic, senseless act. H1538 CONGRESSIONAL RECORD — HOUSE March 25, 1998 Many of us have also staunchly op- gentlewoman from New York, stories which is a Turkish word for ‘‘slowly,’’ posed the transfer of U.S. military of a trip that the gentleman from Flor- and the reason was simply that they hardware to Turkey. ida (Mr. BILIRAKIS) and I took last Au- had gone into a 400-year work slow- b 2215 gust. She has been such a great leader down. on these issues that many people in the My family were architects and build- As the cochair of the Congressional Greek-American community often ers, and so during the virtual servitude Caucus on Armenia Issues, and I know refer to her as Bouboulina, who is, of to the Turks, 400 years of it, they used the gentlewoman from New York men- course, the lady who risked her life, to build and to draw designs of build- tioned that before and I appreciate it, her fortune, and everything else in ings. They went into this work slow- and also as a member of the Hellenic building a fleet of ships to fight for the down, and so the Turks said ‘‘giavas,’’ Caucus, I have consistently fought to independence of Greece. The gentleman or ‘‘slowly,’’ and the family name even- change U.S. policy with regard to Tur- from Florida and I had the wonderful key. I have sought to block the Turk- tually became Giavasis for the fact opportunity last year to travel to the ish Government’s efforts to pay big that they had this slowdown that home of Bouboulina, and we wish that money for Turkish studies chairs at lasted generation after generation our friend, the gentlewoman from New prestigious American universities as an after generation. York (Mrs. MALONEY), had been with us instrument of spreading Turkish propa- Every family has stories, some of because I tell her that she was in our ganda. them very tragic, of what happened to The gentleman from California (Mr. minds and our hearts the whole time their ancestors during this almost en- SHERMAN) has joined me in many occa- we were there. slavement and involuntary servitude sions here on the floor, trying to pre- We appreciate the fact that people under the Ottoman Turks. vent the Turkish Government and the because, we have a reason for the feel- It is ironic that the birthplace of de- acceptance of money by various Amer- ings that we have, and that is the fact mocracy was subjected for so many ican universities from the Turkish that I am of Greek parentage, the gen- centuries to a form of domination as Government through these various tleman from Florida (Mr. BILIRAKIS) the Greeks lived under the Turkish Turkish studies programs or Turkish and the gentleman from New Jersey domination for 376 years, political op- chairs that come with strings attached, (Mr. PAPPAS) as well, but our friends pression, no kind of freedom. But in that basically allow them to spread and colleagues who take on this issue, 1821, Greece began a very successful Turkish propaganda and not tell the because this is in their heart and their fight for independence and today, 177 truth about the history of Turkey or mind, and we appreciate what they years later, we celebrate the fact of the history of Armenia or the history have done. Greek independence. Mrs. MALONEY of New York. Mr. of Greece. Turkish leaders must under- Mr. Speaker, I would say there are Speaker, I thank the gentleman for his stand that they will not continue to truly many words in the statement of statement and all of his hard work and benefit from U.S. economic subsidies if the gentleman from Florida that free- they continue to flout the very values leadership. Mr. KLINK. Mr. Speaker, if the dom fighters all over the world, of that America, Greece, and other free- whatever nation or whatever race, dom-loving nations of this world stand gentlelady would yield, I thank her very much. Every family who has come share together that vision of freedom. for. Greece is the home of democracy. De- In closing, I just want to congratu- from Greece has stories. If we look at the ceremonial uniforms of the Greek mocracy will, I think, for all time, be late the Greek people for 177 years of the greatest gift of the nation of independence and thank them for their soldiers, they have the pleated kilts; and these tall, strong-looking Greek Greece to the rest of the world. The an- contributions to American life. cient Greeks passed down to us a gov- And I want to thank the gentle- soldiers, and there are 376 pleats in ernment that places authority directly woman from New York (Mrs. MALONEY) their kilt, one for each year that the in the hands of all the people. How and the gentleman from Florida (Mr. Greek nation was held in domination wonderful that we have the oppor- BILIRAKIS) for organizing this tonight. by the Ottoman Empire. tunity here to stand in the people’s All of us are going to continue with our My own family, and I did not have House and to talk and to share the her- efforts to not only continue to bring up the opportunity to meet the Greek half itage of what at that time was a very Greek Independence Day, but fight for of my family, it is a long story which revolutionary idea that not kings, not Cyprus and fight for the other values I will not go into here. But I did not emperors, not some quasi-God, should that Greece and the Greek people hold have the opportunity to meet the be the dictator of what would happen dear. Greek half of my family, because of es- Mrs. MALONEY of New York. Mr. trangement and divorce, until I was al- in men’s lives, but that the men and Speaker, I thank the gentleman from most 40 years old. I had the oppor- women themselves would be able to Pennsylvania for his statement. tunity to go to Kalimnos, which is an make those decisions themselves. Mr. Speaker, I would now like to island off the coast of Turkey where Our founders chose to adopt a Demo- yield to the gentleman from Pennsyl- my family came from, as well as the cratic system, just as the Greek Con- vania (Mr. KLINK). He is a leader in the family of the gentleman from Florida stitution enshrines democracy as the Hellenic Caucus. He is one of the rea- (Mr. BILIRAKIS), my dear friend. In fact, governing rule of the Hellenic Repub- sons that we were successful on the we found here we are a Republican lic. I had an opportunity on a previous floor today in achieving the visa waiv- from Florida and a Democrat from trip to Greece to go to the island of er. I yield to the gentleman from Penn- Pennsylvania, and our families lived on Khios that lost much of its population sylvania (Mr. KLINK). the same tiny island off the coast of back in 1974 after the Turks invaded Mr. KLINK. Mr. Speaker, I thank the Turkey. In fact, we were neighbors, the island of Cyprus. gentlewoman from New York (Mrs. when we got to talking about where we When we start to learn about the MALONEY) for her leadership, and also come from, and here we are neighbors struggle that took place over that 400 thank my dear friend, the gentleman on issues in Congress. years of Turkish rule, we find that peo- from Florida (Mr. BILIRAKIS), for his They told us about what had hap- ple like Thomas Jefferson had a con- leadership in the Hellenic Caucus. We pened to the family during almost 400 stant correspondence with the Greeks have risen on the floor together so years of what was practically servitude to encourage them to fight for them- many times on issues that were of im- and enslavement by the Ottoman Em- selves and to once again become a na- portance to Hellenes and philhellenes. pire and by the Ottoman Turks. In tion of democracy. If we go back to the We have met together with very impor- fact, the family name at that point had roots of our tree of democracy, we find tant dignitaries who have arrived, from been Papaelias, which meant there was that our Founding Fathers and the peo- the patriarchy to the leaders in the a priest back in the family heritage ple who eventually got to the point Greek Government. Many of us have whose name was Elias. During the time where they were able to lead a success- traveled together to Greece. they were under domination by the ful Greek revolution, share their ideals Mr. Speaker, I want recall, and I Turks, the name became Giavasis, and corresponded and had a dream that have shared with my dear friend, the which came from the word ‘‘giavasis,’’ people themselves throughout this March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1539 world would be the ones to govern, peo- the other four missing Americans, but leadership in taking us to Cyprus, to ple themselves would make the deci- they are working on the report, and he Greece, has given us a tremendous edu- sions. hopes to be able to bring it back to cation not only of the current situa- Americans and Greeks fought to- Congress and report to all of us exactly tion but of the history of mankind and gether for the principles of democracy what happened. the need for conscientious, freedom- during World War II. We stuck together I just want to thank the gentleman loving people to stand up for other peo- during the Cold War. And today we cel- from Pennsylvania for helping pass ple who are oppressed whenever they ebrate Greek independence. this resolution that led to this report can. We also have to take time to remem- that has brought some conclusion for Mrs. MALONEY of New York. Mr. ber those who still endure oppression the Kasapis family, but not for all the Speaker, I thank the gentleman for his anywhere in the world, those who are other families. really moving statement tonight. denied freedom. Democracy does come Mr. Speaker, I yield back to my col- I now yield to the gentleman from with responsibilities to always seek league. New Jersey (Mr. PAPPAS), newly elect- peace, but to fight for freedom and to Mr. KLINK. Mr. Speaker, I thank the ed to the 105th Congress, but already a fight for human rights when we must gentlewoman for those comments. One leader here on Hellenic issues and fight, and to continue to build upon a family out of 1,619 families has an- many other issues of concern for New strong democratic foundation. swers. They are not pleasant answers Jersey and our country. I thank him Again, the gentleman from Florida to think that your 17-year-old son, who for participating. (Mr. BILIRAKIS), my friend, mentioned, would now be 41 years old, died in this Mr. PAPPAS. Mr. Speaker, I thank and I am not going to go too far into field, his bones scattered. Only through the gentlewoman for yielding. And I detail because I know some other plowing and digging have these bones want to thank her and our colleague, friends are waiting to talk, we have to been recovered, and not in a grave. the gentleman from Florida (Mr. BILI- go back, ‘‘Ich bin ein Berliner.’’ We Mr. Speaker, what kind of peace is RAKIS), for their work on behalf of all were all Berliners because people were that? At least they have the knowledge of us who are interested in the Hellenic behind that wall when President Ken- of knowing that he is not languishing issues. nedy said, Mr. Kruschev, take down in a prison or in slavery, but in fact As cochairs of the Hellenic Caucus, that wall. Today the divided city is probably suffered a horrendous death. they both have been active in inform- Nicosia in Cyprus. That is little peace, but at least we ing this Congress about issues of im- Since 1974, that city has been divided; know what has happened. portance to the millions of Americans 1,609 Greek Cypriots and American citi- The division of Cyprus has been a of Greek descent. Today’s successful zens remain missing. And it was only problem for the international commu- vote on visa waiver extension is an im- March 5, after nearly 24 long years, nity since Turkey’s invasion of the is- portant example of why the Hellenic that the family of Andrew Kasapis of land in 1974. Its subsequent illegal mili- Caucus’ role is important in this Con- Detroit finally found the remains of tary occupation of the northern 37 per- gress, and I thank both my colleagues that 17-year-old American citizen who cent of the country has stopped any for their leadership. was ripped from the hands of his fam- kind of growth. Cyprus could become a One hundred seventy-seven years ily, ripped away with his passport still flashpoint for regional conflict because ago, the Greek people declared their on him, and was murdered. of Turkey’s opposition to European independence from foreign oppression They found his bones scattered in membership for Cyprus into the Euro- by the Ottoman Empire. After inspir- what was no more than a field. And al- pean Union. ing America with the democratic ideals though it took this Congress to take Cyprus should be allowed to thrive. of ancient Greece, Greece was, in turn, action and it cost millions of dollars to Last fall, H. Con. Res. 81 passed the inspired by the American Declaration do the most modern DNA screening to House of Representatives unanimously, in 1776. The idea for democratic inde- determine that that was the remains of calling for a peaceful solution to the pendence was the first of a long-stand- this young 17-year-old American citi- Cyprus problems. The President of Cy- ing tradition for these two allies to zen, we still do not know where are the prus was recently reelected to a second share great ideas and common values. over 1,600 other bodies. When will those 5-year term, and Cyprus is about to The events of March 25, 1821, are families seek the peace of at least begin negotiations with the European critically important to the modern knowing what happened to their rel- Union. world. By throwing off the yoke of atives? Mr. Speaker, we want peace. We more than 400 years of Ottoman Turk On this island nation of Cyprus, the would like to see Turkey admitted to domination, Greece retained its sov- Turks must again allow freedom to the European Union. And Greece would ereignty, it marked the return to move forward, must allow Greek Cyp- like to see that. The gentleman from democratic values and civil society in riots and Turkish Cypriots to live to- Florida and I spoke to the leaders of southeastern Europe. It also sowed the gether, to have free elections, to live Greece. They would like to see Turkey seeds for a long-lasting and mutual re- together as neighbors; allow the Greek admitted to the European Union. But lationship between Greece and the Cypriots, who were taken from 30 per- to do that, Turkey must obey the U.N. United States. cent of that island where the green line resolutions, they must become a mem- Greece has been one of four allies to cuts across, to go back into their ber of the family of nations, which fight with the United States in every homes, to go back into their churches they have ceased to do. conflict in this century. This has hap- of worship which have now become sta- We do not look forward to having pened because both countries recognize bles, barns, brothels, bars. Imagine votes where we spank Turkey. We want the importance of democracy and that such degradation to have one’s church them to do the right thing and they it is better to fight for it than to roll turned into a brothel or bar or barn. have not done that. over and suffer under tyranny. As such, Mrs. MALONEY of New York. Mr. I am glad to celebrate this happy occa- b Speaker, I wanted to add to some of 2230 sion with my colleagues on the floor of the gentleman’s comments. Today the And they have not done that. So I this House, the embodiment of democ- gentleman from Florida (Mr. BILI- thank my friends for their leadership. I racy for many as created by ancient RAKIS) and I had a meeting with the will yield back my time because I have Greece. Hellenic Caucus and Mr. Miller, the some other friends who are waiting Here on this floor, I am a Greek special assistant to Richard Holbrooke, here to speak. American sent here by citizens in cen- the special envoy who has been sup- But we could take hour upon hour. tral New Jersey to carry on the right ported by President Clinton to support These are things that are near and dear to advocate on their behalf, knowing peace efforts in Cyprus, he gave a de- to our heart. And the leadership that full well that democracy was created tailed report which the gentleman from the gentlewoman from New York (Mrs. by Greeks and places the ultimate Pennsylvania has brought part of it to MALONEY) and the gentleman from power to govern not in me, not in us in the floor today. He also mentioned that Florida (Mr. BILIRAKIS) and the friend- this Chamber, but in the people we rep- they have not received information on ship that you have given us and the resent. What an awesome idea. This H1540 CONGRESSIONAL RECORD — HOUSE March 25, 1998 country is eternally grateful for their diately after that war the Marshall troops from that troubled island. I take foresight in ancient times and for their Plan was critical to reviving Greek so- special interest in seeing the peace fortitude to break free from the Otto- ciety and the Greek economy. talks move forward now that the Cyp- man oppression and restate their un- Today, Greece remains a staunch riot elections are over and President wavering commitment to democratic NATO ally and it deserves America’s Clerides has been reelected. ideals. support. In the past year, Greece held U.S. Presidential envoy Richard Hol- So, Mr. Speaker, I think it is fully the historic Inter-Balkan Conference in brook should move forward toward appropriate that we take pride in cele- Crete and has worked to promote re- peace, toward a withdrawal of Turkish brating this day and acknowledge the gional stability in the Balkan Penin- troops from the island. Regrettably, debts we owe to Greek ideals. sula, an area that has been contentious there has not been much progress to Mrs. MALONEY of New York. Mr. throughout this century and an area date. We mentioned earlier in this hour Speaker, I thank the gentleman for his that Americans are coming to know the fact that four Americans are still statement. better today. As we focus on Kosovo, as missing. The remains of one American, The gentleman from California (Mr. we focus on Bosnia, we should recog- Andrew Kasapis, have been returned. SHERMAN) is a member of the very im- nize Greek efforts to bring peace and But certainly, as important as it is to portant Committee on International stability to that troubled region. his family for those remains to have Relations. He has worked hard not only As the gentlewoman from New York been discovered and returned, we need on the Hellenic Caucus but on many, (Mrs. MALONEY) pointed out, I serve on to see much more progress toward many important issues before this Con- the Committee on International Rela- peace and unity in Cyprus. gress. tions, and in that capacity, had the op- This is an historic movement for Cy- I now yield to my colleague from portunity, along with her and many prus, as the European Union accession California. other Philhellenes to meet with the talks are scheduled to begin next week. Mr. SHERMAN. Mr. Speaker, I thank Greek foreign minister just yesterday. The European Union’s decision to in- the gentlewoman from New York for And we had an opportunity to praise vite Cyprus to join ranks will benefit a yielding, and I thank both her and her Greece for not only its constructive reunified Cyprus and should be an im- co-chair of the Hellenic Caucus for not role in the Balkans, but also because it petus towards peace. only convening this hour to commemo- is Greece, and the supporters of Greece Unfortunately, the Turkish Govern- rate Greek independence, but for invit- here in the United States who have ment seems to wants to hold Cyprus ing me to be part of this effort. urged upon the United States a very in- hostage for its own membership in the One hundred seventy-seven years ago teresting approach to foreign aid. European Union. If Turkey wishes to today, on March 25, 1821, the Greek Greece and the supporters of Greece join the European Union, Turkey people declared their independence and here in the United States have urged should seek to meet the standards of began a ten-year effort to throw off the that zero be appropriated in military that union on its own rather than hold- yoke of Ottoman oppression. Greek pa- aid to Greece and commensurately zero ing Cyprus hostage. triot Regas Fereos issued a rallying cry be appropriated in aid to Turkey. And Finally, Turkey must accord protec- in that struggle, ‘‘Better an hour of given the fact that we must diminish tion to the Ecumenical Patriarch, freedom than 440 years of imprison- the amount that is spent, especially by should allow the reopening of the ment and enslavement.’’ military forces in that troubled region School of Theology, which was closed Today, 177 years later, we in this of the world, this is a very constructive in 1971, and allow the work of the Pa- House, just a few hours ago, I think position, a position reflected in Presi- triarch to continue in safety and pro- found an interesting way to commemo- dent Clinton’s most recent budget. tection. I also want to call upon my rate Greek independence by allowing I should point out that, quite wisely, colleagues to join with me and the oth- citizens of Greece to independently President Clinton’s budget does provide ers in the Hellenic Caucus in cospon- visit the United States as tourists, free continuing aid to Cyprus, a society soring House Resolution 148 commemo- and liberated from paperwork, just as that continues to suffer from division rating the 75th anniversary of the de- we have allowed tourists from other as a result of the occupation of Turkish struction of Smyrna, as it is time for parts of Europe and the European Com- forces. Not only is the zero decision Turkey to come to grips with its past. munity to visit the United States with- one that is included in the President’s Unfortunately, the Turkish Govern- out undue restriction. budget, it is also helpful to the United ment has decided to embark on a pro- Greek freedom fighters looked to the States as we continue to face budg- gram of denial, of denying the mas- American Revolution and to American etary pressures. sacres at Smyrna, at denying the geno- democracy 177 years ago today, just as There are several outstanding prob- cide of the Armenian people. And this the American revolutionaries looked to lems that continue to be the focus of has taken the form of seeking to plant ancient Greece and its tradition of de- those of us who work with the Hellenic academics in the United States. mocracy. After a 10-year struggle, the Caucus, and I am happy to have been a I am a proud graduate of UCLA. I was Greek people won their independence member of that caucus from my first there when we won the NCAA cham- and reestablished democracy. Greece day in the United States Congress. One pionship after championship. And I was and America are bound not only by a of those outstanding problems is that proud of my alma mater then. But as common dedication to democracy, but of the Aegean. The Greek-Turkish dia- proud as I was when Bill Walton was also because Greek philosophy and logue should go forward. But many of sinking jump shots, I was even prouder Greek culture are so much the founda- us have urged that before it goes for- when earlier this year UCLA turned tion of the society in which we live, the ward, the Turkish Government, must down a gift of over a million dollars society which has gradually estab- indicate its respect for international from the Turkish Government because lished many of the cultural norms, law in the Aegean, and that Turkish that gift came with strings attached many of the philosophic underpinnings overflights of Greek and Cypriot air- which would have curtailed academic for an emerging world culture. space and other acts of aggression, freedom and would have given the Since its liberation, Greece has stood should cease. The Turkish Government Turkish Government control over how by America, and America should stand should agree to be bound by inter- the occupant of that chair pursued by Greece. Greece is one of three na- national law on all issues involving the scholarship and teaching in the area of tions in the world outside the British Aegean and should cease its acts of ag- Ottoman and Turkish history. Aca- Empire that has been allied with the gression. demic freedom is not for sale at UCLA. United States in every major inter- I have joined, most of the leaders of national conflict of this century. As the Hellenic Caucus as a cosponsor of b has been pointed out by earlier speak- the Peace in Cyprus Resolution last 2245 ers, one out of every nine Greeks lost year, and a resolution introduced today Now the Turkish government has their life fighting the Nazis in World reaffirming our commitment to a turned its attention to the north, to War II. Just as Greece joined the peaceful resolution of the Cyprus prob- the University of California at Berke- United States in that effort, imme- lem with the withdrawal of all Turkish ley. I hope that our cousins in northern March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1541 California will reject all strings and island and demand Turkey's full compliance Representative of a region with over 5,000 will insist that the occupant of any with international law and the United Nations people of Greek descent, I know that this im- academic chair be free to pursue aca- resolutions on Cyprus which call for its with- portant event will be joyously celebrated demic inquiry wherever it leads. What drawal. We have still not answered lingering throughout Northwest Indiana. greater tribute to American univer- questions about the Greek-Cypriots who dis- I would like to honor not only this important sities, what greater tribute to the phi- appeared at the hands of Turkish soldiers. day in Greek history, but the strong and losophy of free thinking that we have The victims and their families deserve an- unique relationship that exists today between inherited from the ancient Greeks. As I swers. the United States and Greece. The develop- mentioned, ancient Greece inspires us But the peace talks will not work if the arms ment of modern democracy has its roots in all. Its philosophy and culture under- race continues. We must have a demilitariza- ancient Athens. The writings of Plato, Aristotle, pin American philosophy and culture, tion process in action alongside the peace Cicero and others were the first to espouse and its greatest gift, as was remarked talks. How can we talk peace when both sides the basic tenets of a government of the people before, is that of democracy. We owe a are stockpiling sophisticated weaponry on both and by the people. While these ideals were lot to the ancient Greeks and we owe a sides of the green line? What kind of negotia- not always followed in ancient Greece, these lot to the modern Greeks. They stood tions can you have if both sides are looking writings provided a roadmap for later govern- with us and we stood with them in down the barrel of a gun? ments in their attempts to establish democracy World War II and the Cold War. In just We can honor those who perished and in their countries. a few years, we will have a chance to those who have lost loved ones in Cyprus if The Founding Fathers of the United States celebrate the Olympics in the year 2004 we work to help today's Cypriots realize their were particularly influenced by the writings of as it returns to Greece, its ancient dreams of a free, unified Cyprus. In doing so, the ancient Greeks on democracy. A careful home, and also the place where the we may be able to secure a lasting peace and reading of The Federalist Papers reveals the modern Olympics were reborn. We have economic security for a people who are so significant part the early Greeks played in the a lot to thank the ancient Greeks for; richly deserving of it. formation of our government. Thomas Jeffer- a lot to thank modern Greeks for. I In sum, Mr. Speaker, let us use the occa- son called upon his studies of the Greek tradi- think the gentleman from Florida (Mr. sion of Greek Independence Day to thank our tion of democracy when he drafted the Dec- BILIRAKIS) said it just perfectly when Greek friends, to salute Greek-Americans, and laration of Independence, espousing the ideals he said all free men are Philhellenes. to reaffirm our commitment to working with of a government representative of and ac- Mr. KENNEDY of Massachusetts. Mr. Greece to solve the challenges that will face countable to the people. Decades later, these Speaker, the occasion of Greek Independence us all in the future. ideas were a catalyst in the Greek uprising Day is an opportunity to thank the Greek peo- Mr. HINCHEY. Mr. Speaker, I would like to and successful independence movement ple for their long tradition of friendship and take this opportunity to offer congratulations to against the Ottoman EmpireÐthe event we partnership with the United States, and to re- the people of Greece who today are celebrat- celebrate today. flect on the great values that Greeks and ing their 177th year of independence from the On March 25, 1821, the Archbishop of Americans have shared throughout the cen- Ottoman Empire. Their story is one that close- Patros blessed Greek flag at the Aghia Laura turies. ly mirrors that of our own country and is deep- monastery, marking the proclamation of Greek Greek-Americans have helped build the ly engrossed in the very principles that our na- independence. It took eleven years for the United States and have contributed immeas- tion was founded. Like our forefathers, the Greeks to finally defeat the Ottomans and gain urably to the nation's cultural and intellectual people of Greece arduously fought against op- their true independence. After this long strug- enrichment. Devoted to education and ad- pression to win their independence and their gle against an oppressive regime, Greece re- vancement, Greek-American families have right to self-determination. We share a com- turned to the democratic ideals that its ances- produced great leaders such as Massachu- mon appetite for the individual freedoms that tors had developed centuries before. setts' Michael Dukakis and Paul Tsongas. I characterize our democracies and common Today, this country's relationship with am currently helping to set up a foundation in disdain for those who threaten that liberty. Greece is as strong as ever. Greece has been the name of Senator Tsongas. The foundation In fact, the society we live in todayÐa de- our ardent supporter in every major inter- is designed to foster scientific achievement mocracy where freedoms and liberties are national conflict of this century, and they play and innovation and honor his life and service. paramountÐwas crafted, in theory, by the an important role in the North Atlantic Treaty The United States and Greece are the two great thinkers and politicians of ancient Organization and the European Union. Greece cornerstones of democratic tradition in the Greece. Our Founding Fathers relied heavily is also a key participant in the United Nations world, whose shared history is a proud tradi- on the political and philosophical experiences peacekeeping force in Bosnia, providing tion of cooperation. Our experiences have of the ancient Greeks as they themselves troops and supplies. In turn, the United States intertwined at some of the most precarious toiled with the blueprints of this great nation. has worked to attain a peaceful settlement to junctures of history. Over 600,000 Greeks died We can easily equate the observance of the the conflict in Cyprus, the island nation that fighting on the side of the Allies in the Second Greek Independence Day with the celebration was brutally invaded by Turkey in 1974. World War. During the Cold War, the friend- of our own independence on the Fourth of Mr. Speaker, I would thank our colleagues, ship between the United States and Greece July. Both represent opportunities to trumpet Mr. BILIRAKIS and Mrs. MALONEY, for organiz- helped stall the spread of communism, and the successes of democracy, revel in our free- ing this Special Order, and I join all of our maintained the freedom and security of the doms and pay our respects to those who have House colleagues in recognizing Greek Inde- Mediterranean. come before us and perished to protect our pendence Day. I salute the spirit of democracy Today, the U.S.-Greek relationship is more liberties. and family that distinguish the Greek people, important than ever. The occasion of Greek Mr. Speaker, Greece remains one of the as well as their courage in breaking the bonds Independence Day gives us a chance to reaf- United States' closest allies. It is interesting to of oppression 177 years ago. I look forward to firm our commitment to helping Greece with note that they are one of only three nations, many more years of cooperation and friend- the challenges it faces today. The United outside the British Empire, which has fought ship between our two nations. States must strengthen its cooperative rela- alongside American soldiers in every war this Mr. ROTHMAN. Mr. Speaker, I rise today to tionship with Greece to secure our many mu- century. Their loyalty is commendable and de- pay tribute to Greek Independence Day. tual interests. And Congress must ensure that serves our continued reciprocity. For the Greek-Americans I represent, and the United States remains engaged in the re- As I stand in the chamber of this great legis- indeed for all Greek-Americans, this day rep- gion in order that we may secure those inter- lative body, surrounded by renderings of sev- resents the determination of the Greek people ests. eral of the most notable Greek philosophers, I to live free. Under Ottoman rule for four cen- Greece and the U.S. can merge their talents am compelled to recognize the legacy left be- turies, the Greek people proudly secured their to prevent ethnic conflict from spreading hind by the original pioneers of democracy. I independence in 1829. From that moment for- throughout the Balkans and to help the region thank the people of Greece for their continued ward, America's warm relationship with to develop economically. goodwill and offer them my sincere best wish- Greece and the Greek people has grown, In Cyprus, the United States has a duty to es as they celebrate their lasting independ- bringing our two nations closer together in en- lead the charge for a lasting, peaceful solu- ence. during ways. tion. Congress must continue to support the Mr. VISCLOSKY. Mr. Speaker, I join my col- Today, Greece is a moderm nation and a Administration's diplomatic efforts for the is- leagues today to recognize the 177th anniver- global force in an ever demanding world mar- land. We must insist on demilitarization of the sary of Greek Independence Day. As the U.S. ketplace. As Greece moves closer to adopting H1542 CONGRESSIONAL RECORD — HOUSE March 25, 1998 the single European currency, the fact of her The Cathedral of St. Spyridon in Worcester celebrate the 177th anniversary of the begin- economic strength becomes ever clearer. All reminds us of this vibrant Greek-American ning of the revolution that resulted in the lib- Greek-Americans are rightly proud of Greece's community. In Worcester, this important day is eration of the Greek people from nearly 400 vigorous and growing economy. Their home- celebrated by teaching children to recite po- years of domination under the Ottoman Em- land's unique ability to preserve its remarkable etry and songs commemorating their past and pire. history while moving proudly into the twenty- their heritage. Discussion groups are held to Approximately 2000 years ago the demo- first century is a tribute to the Greek people. honor the memory and history of the heroic cratic principles of equality, freedom and self On this day, as we celebrate and recognize deeds and patriotism of the Greek and Greek- rule were espoused by such great thinkers as Greek Independence Day, I would also like to American men and women who fought and Aristotle, Plato and Polybius. Tragically, under highlight the fact that Greece will play host to died for the freedom I and my constituents the Ottoman Empire those principles were re- the 2004 Olypmic Games. The historic impor- enjoy today. pressed and for hundreds of years Greeks tance of the Olympic Games returning to their Similar celebrations are held throughout my were deprived of their civil rights. Fortunately, roots in Athens is a story of rediscovery and districtÐin Fall River and Dartmouth, in Attle- the foundations of democracy formed in Ath- restoration. I understand that the Greek Cabi- boro and Seekonk. ens resurfaced and inspired the Greeks to net is already planning for a ``Cultural Olym- No one standing on the floor of the U.S. stage a revolution in 1821 and break their ties piad'' which will be organized in connection House of Representative can fail to honor the of oppression. with the 2004 Olympics. All efforts in support contributions of Greece to American democ- These democratic principles of freedom, of the Olympic Games in Athens, efforts that racy, freedom, literature and philosophy. equality, and self rule inspired our founding fa- I know the Greek-American community will be Throughout this Capitol and this city, every- thers and were heavily relied upon as they backing, should be supported by this Con- where you might look, you will see homage to drafted the Declaration of Independence and gress. Greek ideas and ideals. They are engraved on the United States Constitution. To conclude, let me add my name to my our buildings, enshrined in our laws, and they Greece has been a strong ally of the United many colleagues who today are saluting surely influenced the minds and hearts of the States. Every time the United States entered Greek Independence Day. By remembering men and women who founded this nation. into international conflict this century, the peo- this memomentous occasion, this Congress I want to thank the gentleman from Florida ple of Greece have shown their support by serves to memoralize the sacrifice of a gen- [Mr. MICHAEL BILIRAKIS]Ða fine example of the allying themselves with us. For that, I thank eration of Greeks who gave their last measure contribution Greek heritage continues to make the citizens and soldiers of Greece. so that independence and freedom could be to American democracyÐand to the I look forward to continued good relations secured for the Greek people. It is a just gentlelady from New York [Mrs. CAROLYN with Greece and its citizens and working with cause the Greek people fought for in 1829 MALONEY] for organizing this special order on them to preserve and expand democracy and one that we honor here today. this historic occasion. throughout the world. Again, I congratulate Mr. MCGOVERN. Mr. Speaker, I am very I would like to remind them that, if Massa- Greece on 177 years of independence. proud to rise on the floor of this chamber of chusetts would have had its way, we might Mr. BONIOR. Mr. Speaker, I am pleased to American democracy in honor of the 50th An- have had two Greek-Americans as President join the Greek community in celebrating the niversary of Greek Independence Day. of the United States. And so I thank them for 177th anniversary of Greek independence. I All the world looks to Greece as the fountain their leadership of the Hellenic Caucus and for also want to thank my colleagues Mr. BILI- and inspiration for every modern-day democ- all their fine efforts to educate and involve RAKIS and Ms. MALONEY for organizing this racy, including our own. it is a tragedy of history that the people who other Members on the issues challenging event. created democratic rule were subject to harsh Greek and U.S. policy today. On March 25, 1821, the Archbishop of subjugation and robbed of independence for Mr. LOBIONDO. Mr. Speaker, I rise as a Patras blessed the Greek flag at the Aghia so many centuries. member of the Congressional Caucus on Hel- Lavra Monastery near Kalavrita, marking the For 400 yearsÐfrom the fall of Constantino- lenic Issues to again recognize Greek Inde- beginning of the Greek war of independence ple in 1453 until the Greek people once again pendence Day. This is a day to honor the sac- in which nearly 400 years of Ottoman rule declared their independence in 1821ÐGreece rifices made by the Greek people over hun- were turned aside. remained under the Ottoman Empire. During dreds of years in their struggle against the op- Ancient Greece was the birthplace of demo- this time, Greeks were deprived of all civil pressive rule of the Ottoman Empire. cratic values. It brought forth the notion that rights. Schools and churches were closed This day also reminds us that Greece and the ultimate power to govern belongs in the down. Greek Christian and Jewish boys were the United States share much in common, in- hands of the people. It inspired a system of kidnaped and raised as Moslems to serve the cluding the 1.1 million American citizens who checks and balances to ensure that one Ottoman Sultan. are of Greek descent. I am pleased to join branch of government does not dominate any In 1823, a famous U.S. Representative from New Jersey's Greek-American citizens in their other branch. Massachusetts, Daniel Webster, described this celebration. Many of my constituents in south- These ideals inspired our Founding Fathers period of Greek history in this way: ``This ern New Jersey bear a proud ancestry to as they wrote the Constitution. In the words of [Greek] people, a people of intelligence, inge- Greece. Their culture, food, and heritage add Thomas Jefferson: ``to the ancient Greeks nuity, refinement, spirit, and enterprise, have to the diversity and richness of our district. . . . we are all indebted for the light which led been for centuries under the atrocious unpar- In fact, many artistic and intellectual tradi- ourselves out of Gothic darkness.'' alleled Tartarian barbarism ever oppressed the tions have been handed down to the people of Today, the United States is enriched not human race.'' the United States of America by the people of only by Greek principles but also by its sons So today, in reality, marks the 177th anni- Greece. Our nation is richer for these tradi- and daughters. Greek-Americans have made versary of the beginning of the revolution that tions, and we remain grateful to Greece. major contributions to American society, in- freed the Greek people from the Ottoman Em- The ties that bind America to Greece are cluding our arts, sports, medicine, religion, and pire. not only historical, but also modern. Ameri- politics. But Greece also lost its freedom during cans have fought side by side with Greeks in My home State of Michigan has been en- World War II to Nazi Occupation and after- two World Wars as well as in the Persian Gulf hanced by the Greek community. In Macomb wards briefly to communist rule. In 1948, it War. Today, Greece is our invaluable ally in and St. Claire Counties, we are served by St. once again regained its independence and for the North Atlantic Treaty Organization. I call John's Greek Orthodox Church and Assump- the past 50 years, the people of Greece have upon President Clinton and the Secretary of tion Greek Orthodox Church. These institu- controlled their own destiny. State, Madeleine Albright, to make GreeceÐ tions provide a multitude of community serv- It's for these reasons that we gather here and the protection of Greeks in Cyprus and ices and add to the rich diversity of the area. today to honor the strength, courage and vi- TurkeyÐa primary focus of U.S. foreign policy. Mr. Speaker, I join the people of Greece sion of the Greek people. Mr. Speaker, in closing, I would ask all and those of Greek ancestry around the world I am also here to honor the contributions Members of the House to join with me in hon- celebrating Greek Independence Day. made by Greek-Americans in my own district oring the historical ties between the United I salute all of them for the tremendous con- in Central Massachusetts. Since the turn of States and Greece and in continuing to foster tributions to freedom and human dignity which the century, over 5,000 Greek men, women the close relationship between our two coun- they have made. and children have made Worcester, Massa- tries that has proven so successful. Mr. ANDREWS. Mr. Speaker, I rise today in chusetts their home, contributing significantly Mr. WEYGAND. Mr. Speaker, today thou- celebration of Greek Independence Day, a na- to all aspects of civic life. sands of Greeks and Greek Americans will tional day of celebration of Greek democracy. March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1543 This day marks the beginning of the revolution demonstrate the spirit of civic pride and par- In closing, Mr. Speaker, let me assure my which freed the Greek people from the Otto- ticipation which have enriched both of our cul- colleagues I intend to continue my strong man Empire. The Greeks were finally liberated tures. commitment to Greek communities in my dis- after year of oppressive treatment and civil I am glad to have this opportunity to once trict, the country, and throughout the world. rights violations. Their communities were slow- again celebrate Greek culture and toast the Their strength and dedication to democracy ly deteriorating schools and churches were Greek people. I had the opportunity late last has provided a strong and stable country and being closed down, and Christian and Jewish year to demonstrate my commitment to pre- has made Greece the democracy it is today. boys were kidnapped and raised as Moslems serving the territorial integrity of Greece by co- Mr. GILMAN. Mr. Speaker, I am pleased to to serve the Sultan. sponsoring a resolution expressing our rec- rise on this occasion on which we salute the I spent eight magnificent days last August in ognition of Greece's claim to the Imia islands. great nation and people of Greece, the Hel- Greece and Cyprus. There is no better way to I will continue to support our Greek allies in lenic Republic as they celebrate the 177th an- learn about the troubles of Cyprus and the the future and express my best wishes to all niversary of Greece's independence. I com- splendors of Greece than to speak directly those who are now celebrating the 177th mend the gentleman from Florida, Mr. BILI- with the people who live there. Greek Independence Day. RAKIS, for taking the initiative once again to I enjoyed my visit to Athens very much, and Mr. MANTON. Mr. Speaker, it is my great ensure that members have the opportunity to learned a great deal about the history of pleasure to rise today to mark the 177th anni- convey our thoughts on this important day. Greece. Greece is one of only three nations in versary of Greek independence, when Greece The United States and Greece have enjoyed the world allied with the United States in every set themselves free from the jaws of the Turk- a long and close relationship. The people of major international conflict this century. During ish Ottoman Empire. I thank my colleagues, the United States recognize and revere the early 1900's one in every four Greek Congressman BILIRAKIS and Congresswoman Greece as the cradle of the democratic tradi- males between the ages of 15 and 45 immi- MALONEY, for their steadfast leadership on tion that has allowed this country to rise to the grated to the United States. Through their ex- Greek issues and for organizing this Special heights of its greatness. traordinary compatibility with the people of Order to recognize this historic event. We are fortunate to have benefitted from the America, Greek-Americans have made tre- As the shining star of modern civilization, contributions of those immigrants from Greece mendous contributions to the United States. Greece has made a tremendous contribution who have contributed their toil, their knowl- The American Revolution became one of throughout its history to not only Western Eu- edge and their culture to our American civiliza- the ideals of the Greeks as they fought for rope and the United States, but also the world. tion, and we appreciate the warmth of the citi- their independence in the 1820's Greek intel- As the birthplace of democracy, Greece was zens of Greece reflected in the welcome they lectuals translated the American Declaration of the role model for the foundation of the demo- provide to Americans who are fortunate Independence and drew from it in drafting cratic government and freedom the United enough to be able to visit the shores of their declaration of freedom. States has enjoyed for over two hundred Greece, its beautiful islands and countryside. In 1953, after Greece's post-World War II years. With their vast interest in expanding Greece plays an important role in helping to struggle against the Communist rebels, Presi- their own knowledge, the Greeks have also in- stabilize the Balkans, one of the more dan- dent Dwight D. Eisenhower appropriately said. creased cultural awareness throughout the gerous neighborhoods of Europe. I was privi- ``. . . Greece asked a favor except the oppor- world. Johann Wolfgang von Goethe perhaps leged yesterday to host a meeting with the tunity to stand for those rights which it be- said it best, ``Of all peoples, the Greeks have Foreign Minister of Greece, Theodoros lieved, and it gave to the world an example of dreamt the dream of life best.'' Pangalos, during which we reviewed the Since Greece achieved independence, their battle, a battle that thrilled the hearts of all issues affecting Greek-American relations. I relationship with the United States has only free men and free women everywhere.'' am pleased to report that the state of our rela- grown stronger. In the beginning, Greece fash- Mr. Speaker, as a supporter of issues of ioned guaranteed freedom for the people after tions is healthy. On this occasion let us call on concern to the Greek-American community, I our Declaration of Independence. During our government to exercise even-handedness am proud to recognize this population and World War II, more than 600,000 Greek sol- between our two important NATO allies in the their day of pride and freedom. Greek civiliza- diers died fighting against the Axis powers, il- eastern Mediterranean, Greece and Turkey. tion touches our lives as Americans, and en- I hope that all of our colleagues and fellow lustrating Greece's commitment to the United hances the culture and traditions of this great citizens will avail themselves of this occasion States and freedom loving people everywhere. Nation. Although their struggle continued after World to reflect upon the blessings of democracy, for Mr. ACKERMAN. Mr. Speaker, we are War II with their fight against Communist which we will be forever indebted to the an- pleased once again to recognize and cele- rebels, Greece was still able to stabilize the cient Hellenes, and upon our good fortune brate Greek Independence Day, commemorat- future and strength of their country. today in having such a close and reliable ally ing the successful struggle of the Greek peo- Today, the relationship between the United as the great nation of Greece. ple for national sovereignty. Since that time, States and Greece continues to prosper. The Ms. HARMAN. Mr. Speaker, today, as the Greece and the United States have enjoyed a recent visit of Foreign Minister Theodore people of Greece celebrate the 177th anniver- close relationship, characterized by a shared Pangalos to the United States illustrates the sary of their struggle for independence, I join commitment to democracy, peace, and re- lasting harmony our two governments have on my colleagues in commemorating this day, spect for human rights. The ancient Greek civ- a number of issues affecting both our nations. and in extending heartfelt congratulations to ilization was the birthplace of democracy and Since coming to Congress, I have had the the people of Greece and to those of Greek we as a nation are proud to carry on the prin- pleasure of representing a number of Greek- descent everywhere. ciples which were first created there. Americans in the Seventh District of New Mr. Speaker, the culture, history, and politi- We are especially proud to have had York. Their influence and active participation cal philosophy of our country are deeply Greece as our ally during this last century's in the life of their communities has fostered steeped in the Greek tradition. Greece, the upheavals. Greece has been our ally in every economic, political and social growth through- cradle of democracy, inspired our Founding major international conflict during this time, out New York City. Fathers as they struggled to fashion the Amer- and has always acquitted itself with bravery As we celebrate Greek independence, we ican form of government. In turn, the American and honor. In particular we recognize the val- must keep in mind the struggle for freedom Revolution inspired Greeks fighting to gain iant resistance to Axis occupation as com- and demand for human rights continues on their freedom after 400 years of rule by the memorated by ``OXI'' day and the refusal of the island of Cyprus. I am confident the work Ottoman Empire. the Greeks to cooperate with or accede to the by Richard Holbrooke and Tom Miller will cre- As we speak, the influence of Greek art and Holocaust. We also celebrate the heroism and ate the chance for peace to be a reality on an architecture surrounds us in our classically-in- determination shown by Greek soldiers in the island that has been home to division and vio- spired Capitol. And who can ignore the fact crucial Battle of Crete, a turning point in the lence for far, far too long. that our country has grown culturally richer struggle for democracy and against fascism Mr. Speaker, on this occasion of commemo- and economically stronger because of the and oppression. rating the unique relationship between the presence and contribution of countless Greek The many Greek-Americans who have par- United States and Greece, I encourage my immigrants? In California's 36th district, which ticipated in the economic, cultural, and political colleagues to join me as a member of the I represent, Greek Americans are a vibrant life of America are testimony to the special re- Congressional Hellenic Caucus. Members of part of a culturally-diverse communityÐthe lationship between our two peoples. The cele- the Caucus have the opportunity to work on a South Bay would be less than what it is today brations for Greek Independence Day which number of issues affecting Greeks and Greek- were it not for the wide-ranging civic contribu- occur both in Greece and all across America Americans in a bipartisan manner. tions of Greek-Americans. H1544 CONGRESSIONAL RECORD — HOUSE March 25, 1998 Mr. Speaker, the familial ties between the Greek Independence is inextricably linked to Greek Spartans gave to the Persian Army, United States and Greece are mirrored in the the terror of Turkish oppression on the island who numbered in the tens of thousands, when close political cooperation our countries share. of Cyprus. When the Greeks began their war the Persians offered mercy, if the Spartans As members of the North Atlantic Treaty Orga- of independence on March 25th, 1821 the would hand over their weapons and surrender. nization (NATO), the United States and people of Cyprus were singled out for a par- The Greek Spartans said ``molon lave'' or Greece work together to ensure security on ticular form of bloody retribution, meant to come and get them. Europe's southern flank. As newspaper head- send a message to the rest of occupied The Spartans would not hand over their lines sadly remind us, south eastern Europe Greece. Naturally, the Cypriots were sympa- weapons and surrender, because they would continues to experience political turbulence, thetic to the Greek cause, and were among be handing over their dreams of being a free and US-Greek cooperation remains an essen- the first to offer whatever support they could. people. They would not hand over their tial element in bringing stability to this part of For this they were sternly punished by the dreams of a free Sparta. They fought for those the world. I remain committed to strengthening Turkish authorities. The island's Turkish gov- dreams. U.S.-Greek ties, and to working on issues of ernor was particularly brutal. On July 9th, That city state of Sparta grew, and is now interest to the Greek American community, in- 1821 he ordered a massacre to begin with the part of Greece, and that famous battle is part cluding a permanent solution to the Cyprus torture and murder of the Archbishop of Cy- of Greek history and Greek tradition. problem. prus, Kyprianos, his three bishops, and many Greeks, Greek Cypriots and Greek Ameri- I thank my colleague, Mr. BILIRAKIS, for his other members of the clergy and civilians. The cans all come from that same strong tradition. leadership in organizing this special order to Archbishop was hanged from a fig tree outside Today Greek minorities in Turkey and other highlight the important contributions of Greece his residence. The killing and torture continued places in Eastern Europe are suffering political to our country, and once again congratulate until December of the same year. and religious persecution. Just a few months the people of Greece on this memorable occa- This anniversary of Greek Independence is ago a bomb was thrown at the Ecumenical sion. observed, as it has since 1974, with the nota- Patriarchate and exploded injuring a church Mrs. LOWEY. Mr. Speaker, I rise today to ble inclusion of Turkey's bloody invasion of deacon and damaging the cathedral. These commemorate the 177th anniversary of Cyprus in that year. Although the Greek and repeated attacks on Greek minorities must Greece's independence from the Ottoman Em- Cypriot governments have shown a willing- stop. pire, and to celebrate the shared democratic ness to resolve the issues that undermine a We need to raise public awareness of the heritage of Greece and the United States. I stable peace in the region, the Turkish govern- difficulties faced by our democratic birth place. thank Congressman BILIRAKIS and Congress- ment continues to dodge the critical questions In addition to reminding the American peo- woman MALONEY for organizing this special at hand. ple of our roots to the cradle of democracy in order and for their leadership on issues of im- While we celebrate the principles of democ- Greece, we need to continue raising the portance to the Greek-American community. racy given to us by the ancient Greeks; While public's awareness of the constant threat On March 25, 1821, after more than 400 we commemorate the actions of the brave Greeks live under in Eastern Europe. years of Ottoman Turk domination, Greece de- Greeks who fought for their birthright 177 On this day that we commemorate Greek clared its independence and resumed its right- years ago; we must acknowledge that the is- independence, it is important to note that the ful place in the world as a beacon of democ- land of Cyprus is divided and under siege, and most important and urgent problem facing the racy. international Greek community is Cyprus. The people of Greece and the United States until this act of Turkish aggression is reversed, The next few months will bring Cyprus the share a common bond in their commitment to our joy is muted and our sense of outrage greatest opportunity for peace, and the great- democracy. Our Founding Fathers looked to sharpened. est risk for further violence. the teachings of Greek philosophy in their Ms. ROS-LEHTINEN. Mr. Speaker, I am We have heard this in years past, but I be- struggle for freedom and democracy. And the pleased to join my colleagues today in com- lieve it certainly applies today. American experience in turn inspired the memorating the 177th anniversary Greek Inde- Finding a solution to the Cyprus problem Greek people who fought so hard for inde- pendence Day. has become a priority to the United States and pendence 176 years ago. I wish to thank Congressman MIKE BILIRAKIS This bond between our two peoples and Congresswoman CAROLYN MALONEY for to the international community. stretches beyond the philosophy of democ- calling the special order to raise the public's The House has adopted House Concurrent racy. The relationship between the U.S. and awareness of the history of Greece and the Resolution 81, which I cosponsored, which Greece has grown stronger and stronger important role Greece has played in the states clearly and firmly that ``The status quo through the years, and Greece remains today United States and the world. on Cyprus is unacceptable and is detrimental one of our most important allies. Many people believe that Greece's greatest to the interests of the United States in the And the contribution Greece makes to life in gift to the United States and to the world is the Eastern Mediterranean and beyond.'' America is even stronger than the ties be- government system of democracy. That is in- I introduced H. Con. Res. 181 last year to tween our two countries. Greek-Americans are deed a great gift which has brought much help relieve the suffering of the enclaved a vital part of our cultural heritage. My district happiness to the world. But the world needs to Greek Cypriots and am considering similar in New York would not be what it is today know that democracy is not easily attained or legislation in this Congress. We must end the without the valuable contributions made by the kept. senseless persecution of these brave people. Greek-American community. When we celebrate Greek Independence I thank the 60 Members who have co-spon- I am proud to stand today in commemora- Day, we need to note that March 25 is not the sored and I will work with them to move this tion of Greek independence and in recognition day when all of Greece gained its independ- legislation forward. of the contribution Greece and Greek-Ameri- ence. March 25 was the day that Athens and The Greek Cypriots in occupied northern cans have made to our country. a small portion of Greece gained independ- Cyprus live under intolerable inhuman condi- Ms. PELOSI. Mr. Speaker, I thank my col- ence and then areas populated by Greeks tions since their land was occupied by a mili- leagues, Ms. MALONEY and Mr. BILIRAKIS for were liberated one by one until we have the tary force. Tensions continue to rise around organizing this Special Order. As I rise to join Greece of today. Cyprus and I urge the administration to apply with them in the celebration of the 177th anni- The Greek people, through their history, the same degree of commitment to finding a versary of Greek Independence Day, I am re- have shown an indomitable will to fight for peaceful solution to the Cyprus crisis that it minded of the words of the great 20th century their freedom. The Greek victories are well applied to the Bosnian crisis. Greek writer and philosopher Nikos Kazant- known throughout history. There was the I commend the administration for the ap- zakis: ``What first truly stirred my soul was not Greek war for independence that freed part of pointment of Special Presidential Emissary For fear or pain, nor was it pleasure or games; it Greece from the Ottoman Empire and later Cyprus, Ambassador Richard Holbrooke and was the yearning for freedom.'' Deep within during World War II, they fought against the for assigning Tom Miller to work with Ambas- the Greek soul is this unmistakable blueprint Nazi invaders. But Greeks have also suffered sador Holbrooke to negotiate a peaceful solu- for democratic freedoms. It is what propelled less known tragedies that would have broken tion for Cyprus. the Greek people to revolt against the scourge the spirit or destroyed a lesser people. I believe a solution of the Cyprus problem is of the Ottoman Empire which plunged one of One famous battle had the Greek Spartans crucial to the safety of Greece and all Greeks the world's most enlightened societies into a defending against a Persian invasion. the living in Eastern Europe. Dark Ages that spanned 400 years. Greeks said ``molon lave'' to the invaders. Mr. Speaker, the link between the United Today, as we celebrate this anniversary we ``Molon lave,'' means ``come and get them'' States and Greece is a strong bond and I be- find ourselves revisiting history. The story of and in 480 B.C. it was the response that 300 lieve the United States should thank the Greek March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1545 people for not just being a good ally to Amer- land that was the cradle of democracy. The world history. Of all their contributions, the ica but for their gifts of our heritage of democ- ancient city-states of Greece made many sem- ideal of democracy has had the greatest im- racy and individual liberty. I am happy to join inal contributions to western civilization. West- pact on our world today. Greek democracy my colleagues in celebrating this joyous anni- ern architecture, literature, science, and phi- has undeniably formed the foundation of the versary. losophy can each trace much of their heritage government of the United States. It is appro- Again, I thank my friends Congressman BILI- to the people of ancient Greece. But perhaps priate that during the Greek war for independ- RAKIS and Congresswoman MALONEY for call- ancient Greece's most important gift to the ence, they looked to our Declaration of Inde- ing this special order and for their leadership modern world was the creation of the concept pendence to guild them in the struggle to re- on Hellenic issues. of democratic self-government. The Founding discover democracy. Mr. KENNEDY of Rhode Island. Mr. Speak- Fathers of this country, educated in the In closing, I would like to note that no nation er, I want to thank my colleague from Florida classics, looked back to, among others, the has contributed more to modern Western civili- for yet again taking the leadership to organize ancient Greeks for their inspiration in breaking zation than Greece, and no nation has had to this special order which provides us the oppor- from England's domination and creating a struggle harder or more often to preserve its tunity to celebrate one of greatest days in the new, democratic nation in North America. liberties. I salute our friends in Greece and our history of Greece, our close ally. And yet, two hundred years ago when our many Greek-American citizens on this day of I also want to commend the Gentleman country was newly established, GreeceÐonce independence. from Florida and the Gentleman from New the cradle of democracyÐno longer enjoyed Mrs. KENNELLY of Connecticut. Mr. Speak- York for organizing the Congressional Caucus the benefits of self-government. In 1821, most er, I rise today to congratulate Greece on the on Hellenic Issues. I am pleased to be part of of Greece was, in fact, part of the Ottoman 177th anniversary of the revolution which an organized and concerted effort to speak Empire. The Ottoman Empire had dominated freed the Greek people from the rule of the out on those issues which are important to the Greek people for over 400 years, and the Ottoman Empire. Greece has remained under Greece, Cyprus, and our constituents of Hel- Ottoman Government's corrupt, autocratic rule the Ottoman Empire for almost 400 years until lenic descent. was becoming increasingly oppressive. it declared its independence in 1821. Just as Our war for independence was an example Unwilling to tolerate Ottoman domination our forefathers relied on the ancient Greek tra- for Greece to begin its own struggle for free- any longer, Greek patriots rose up against the ditions of self-governance in their fight for dom on March 25, 1821. And so it is appro- Ottomans in March of 1821. The Greek strug- independence, the Greeks looked to the ideals priate for us to take time to celebrate the be- gle for independence lasted for nearly ten long of our pioneers in declaring their own inde- ginning of Greece's struggle for independence years, but the Greek people never wavered in pendence in 1821. Greek intellectuals trans- from the cruel oppression of the Ottoman Em- their fight for freedom. lated the U.S. Declaration of Independence pire. Just as American colonists were an inspi- The struggle of the courageous Greek patri- and used it as their own. ration for revolution, the Athenian democracy ots against an overwhelming imperial power The Greek fight for independence has been was an inspiration to our revolutionaries. won the hearts of many influential figures in highly regarded and closely followed by Ameri- The bonds between these two countries are Western Europe and the United States. Euro- cans throughout the years. In his 1922 mes- long and strong. As the years run into dec- peans and Americans identified with the de- sage to the 17th Congress, President James ades, and the decades run into centuries we scendants of the nation that had done so Monroe praised the efforts of the Greek popu- realize and appreciate the great debt that much to shape western civilization. Eventually, lation in their fight for independence. ``A strong America owes to Greece for founding the prin- the French, British, and Russian governments hope is entertained that these people will re- ciples of democracy. We pay tribute to this declared their support for Greek independ- cover their independence, and resume their every day when we meet and debate and ence, and together, they pressured the Otto- equal station among the nations of this earth,'' freely share ideas. man Empire to recognize Greece as an inde- he said. Further, there is much to be attributed to the pendent state in 1829. Greece and its people have always been hard work of the sons and daughters of Mr. Speaker, these Greek patriots fought close friends and allies of the United States. Greece who have come to the United States and died for the same principles of freedom The Greeks have fought bravely by our side have made a tremendous impact on their and self-government that inspired the Found- against oppression and for freedom and de- communities. In my own state of Rhode Is- ing Fathers. Consequently, it is appropriate mocracy throughout the 20th Century. Greeks land, there are remarkably strong and produc- that we remember them today, the 177th anni- and Greek-Americans have played an impor- tive Greek communities. Since the turn of the versary of the advent of Greek independence. tant role throughout history, people like Dr. century, Greek immigrants have moved into I am pleased to join my colleagues in celebrat- George Papanicolaou who invented the pap Providence, Pawtucket, and Newport, Rhode ing this very special day. test for cancer, and world famous soprano Island. There they built business, neighbor- Mr. BATEMAN. Mr. Speaker, I am proud to Maria Callas, have improved the quality of our hoods, churches, schools, and raised families. join my colleagues today in recognizing the lives. Let me extend my heart felt congratula- Today, the grandchildren of those immigrants 177th anniversary of the beginning of the rev- tions to Greece and its people on this impor- are leaders in our state, and Rhode Island is olution that freed the Greeks from the sub- tant anniversary. richer because of all they have given. jugation of Ottoman rule. Mr. FILNER. Mr. Speaker, it is with both Today, we celebrate what Ancient Greece On March 25, 1821 Greek patriots began great pride and humility that I rise to join in the gave to founding our nation and what Greek- their long struggle for freedom and won inde- celebration of the 177th Anniversary of Greek Americans have given in the development of pendence from the Ottoman Empire in 1829. Independence. the United States. Again, I thank my col- Throughout their history, the Greeks have de- On March 25, 1821 the Greeks began their leagues for all of their hard work in making fended democracy and remain a valued mem- long struggle for independence from what then this Special Order possible and look forward ber of the international community. During was the Ottoman Empire. The Ottoman Em- to further work with the Hellenic Caucus. World War II, the Greeks fought courageously pire, present day Turkey, had ruled Greece for Mr. COYNE. Mr. Speaker, it is an honor to and suffered severe casualties in their efforts almost 400 years. Freedom from the Ottoman take part once again in this annual special to fend off Nazi armies. With the cessation of Turks' subjugation had been dreamed of for order celebrating the anniversary of Greek hostilities at the conclusion of WWII, democ- many generations prior to Bishop Germano of independence. racy in Greece was threatened by the forces Patras hoisting the Greek flag over a As a Member of Congress representing a of communism, a resistance in which the Peloponnese monastery. This simple act of district with a vibrant Greek-American commu- United States was proud to support. Although defiance marked the beginning of a long and nity, I can testify personally to the many con- faced with many challenges, the people of bitter struggle for the Greek people, but a tributions that Greek Americans have made to Greece have demonstrated their resolve, cour- struggle that few rejected and many em- our nation. Today is a day when the more age, and fortitude. Their dedication to freedom braced. than 1 million Greek Americans join the peo- has ensured the ultimate success of democ- Not only were the Greek patriots willing to ple of Greece in remembering and reflecting racy in modern-day Greece. fight for freedom, but they were willing to sac- upon an event that took place 177 years The United States is truly indebted to rifice their lives to ensure their independence. agoÐthe beginning of the fight for Greek Inde- Greece for all its contributions to our society. Their success was such during the first years pendence. Western art, architecture, literature, and phi- of conflict that the Turks were surprised and It is only fitting that each year, the Congress losophy stem from the numerous achieve- confounded. To turn the tide of the war, the of the United States pays tribute to the estab- ments of the ancient Greeks. The citizens of Sultan sought and received the help of Egyp- lishment of the modern nation of Greece, the Greece occupy a unique and proud place in tian forces. And although the Greeks were H1546 CONGRESSIONAL RECORD — HOUSE March 25, 1998 fighting what appeared a losing battle, they is based upon the ideas and the theories re- lative program and any special orders never yielded, they never ceased to believe, corded years ago by Pericles, Plato, Aristotle heretofore entered, was granted to: and they never gave up their hopes and and other philosophers of ancient Greece. The following Members (at the re- dreams of independence. In more modern times, the Greeks have quest of Mr. PASCRELL) to revise and Finally, with help from Britain, France, and continued to cherish their liberty and demo- extend their remarks and include ex- Russia, in 1829, the Greeks not only routed cratic institutions. More than 600,000 Greeks traneous material: the Egyptian and Turkish forces, but also de- lost their lives fighting on the side of the Allies Mr. DAVIS of Illinois, for 5 minutes, manded and received the Sultan's recognition in World War II. Greece continues to this day today. of independence. its fundamental commitment to freedom and Mr. HINCHEY, for 5 minutes, today. Mr. Speaker, we all in America are taught individual liberty. Mr. PASCRELL, for 5 minutes, today. from childhood about the heroics of George So on this anniversary of Greek independ- Mr. PALLONE, for 5 minutes, today. Washington, Paul Revere, Patrick Henry, ence, I join with people of goodwill everywhere Mr. OBERSTAR, for 5 minutes, today. Lighthorse Harry Lee, John Paul Jones, and in recognizing the successful struggle by the Mr. LIPINSKI, for 5 minutes, today. the Minutemen of Lexington and Concord. The Greek people to gain their independence, and Mrs. MINK of Hawaii, for 5 minutes, individuals and events of our own War for in what their successful struggle means to today. Independence are known throughout the freedom loving people throughout the world. Mr. FALEOMAVAEGA, for 5 minutes, world. Mrs. MALONEY of New York. I today. But we should also take time to commemo- thank the gentleman for his very Ms. NORTON, for 5 minutes, today. rate the struggles of the brave men and thoughtful statement. The time for our Mr. BERRY, for 5 minutes, today. women of Greece who fought and died for special order is ending. The bonds be- Mrs. MCCARTHY of New York, for 5 their own independence. The Greek culture tween our two countries have never minutes, today. and heritage has greatly influenced our coun- been stronger. Mr. STUPAK, for 5 minutes, today. try and the world. It is the spirit of the Greeks As we prepare for the new millen- Ms. CARSON, for 5 minutes, today who fought for independence that we com- nium, we look forward to building on The following Members (at the re- memorate and honor today. Because they our partnership for democracy in our quest of Mr. JONES) to revise and ex- stood up for freedom and honor and dignity, own countries and throughout the tend their remarks and include extra- we in America and Greeks everywhere, owe world. I thank my colleagues for par- neous material: them a great debt. ticipating in this special order. Mr. BURTON, for 5 minutes, March 26. Mr. BERMAN. Mr. Speaker, it gives me f Mrs. MYRICK, for 5 minutes, today. Mr. RAMSTAD, for 5 minutes, today. great pleasure to congratulate the people of LEAVE OF ABSENCE Greece on this, the 177th anniversary of the Mr. HASTINGS, for 5 minutes, today. Mr. PAPPAS, for 5 minutes, today. start of the revolution that led to Greek inde- By unanimous consent, leave of ab- Mr. MICA, for 5 minutes, today. pendence from the Ottoman Empire. That con- sence was granted to: Mr. LEWIS of Kentucky, for 5 min- flict restored Greece's ancient and proud Mr. FORD (at the request of Mr. GEP- utes, today. democratic traditionÐa tradition that greatly in- HARDT) for today and the balance of the Mr. FOX, for 5 minutes, today fluenced our own Founding Fathers. week, on account of on account of offi- The following Member (at his own re- Today, Greece stands tall in the world com- cial business, participating with presi- quest) to revise and extend his remarks munity, with memberships in the EU, NATO, dential delegation in Africa. and include extraneous material: and dozens of other multilateral organizations. Mr. KLECZKA (at the request of Mr. Mr. GOSS, for 5 minutes, today. Its commitment to democracy is an example GEPHARDT) for today, on account of a for all nations. I salute the Greek people on family funeral. f Ms. JACKSON-LEE (at the request of their achievement and proudly celebrate our EXTENSION OF REMARKS Mr. GEPHARDT) for today and the bal- joint democratic heritage. By unanimous consent, permission to Mr. PICKETT. Mr. Speaker, today Greeks ance of the week, on account of official business with the President of the revise and extend remarks was granted and Greek Americans observe Greek Inde- to: pendence Day which marks the 177th anniver- United States in Africa. Ms. EDDIE BERNICE JOHNSON of Texas Ms. SANCHEZ, and to include therein sary of the revolution which freed Greece from (at the request of Mr. GEPHARDT) for extraneous material, notwithstanding the Ottoman Empire. History records the op- today and the balance of the week, on the fact that it exceeds two pages of pression and deprivation of human liberty to account of official business. the RECORD and is estimated by the which the Greeks were subjected to during the Ms. MILLENDER-MCDONALD (at the re- Public Printer to cost $2,062. period prior to the revolution. The Greek peo- quest of Mr. GEPHARDT) for today and The following Members (at the re- ple were able to emerge from this period of the balance of the week, on account of quest of Mr. PASCRELL) and to include their history and quickly reestablish their na- official business. extraneous matter: tional identity and continue intact their cultural Mr. ROTHMAN (at the request of Mr. Mr. MANTON. and religious institutions. It is a tribute to the GEPHARDT) for today, on account of Mr. HAMILTON. spirit and determination of the Greek people family business. Mr. KANJORSKI. that they prevailed in their struggle for liberty Mr. WYNN (at the request of Mr. GEP- Mrs. MEEK of Florida. after such a long period. HARDT) for today through Monday, Mr. KUCINICH. Greek Independence Day, however, is not March 30, on account of official busi- Mr. PICKETT. just a day of celebration for the Greek nation ness. Mr. LIPINSKI. and for individuals of Greek descent, but rath- Mr. YATES (at the request of Mr. GEP- Mr. BENTSEN. er, it is a day of triumph and celebration for HARDT) for today after 3:30 p.m., on ac- Mr. BERMAN. democratic nations and proponents of democ- count of physical reasons. Ms. PELOSI. racy around the world. Today marks an occa- Mr. SAXTON (at the request of Mr. Mr. MENENDEZ. sion on which we can all celebrate and revere ARMEY) for today after 3:30 p.m., on ac- Mr. VENTO. the birthplace of democracy and democratic count of personal matters. Mr. KIND. ideals. Mr. HOUGHTON (at the request of Mr. Mr. LANTOS. If you look at history and the teachings of ARMEY) for today and the balance of Mr. MCDERMOTT. the ancient Greek philosophers, you will quick- the week, on account of official busi- Mr. DEUTSCH. ly discover that it was the Greeks who intro- ness. Mr. DINGELL. duced the notion of democracy into the politi- Mr. EHRLICH (at the request of Mr. Mr. FARR of California. cal theories of the day. The ancient Greeks ARMEY) for today, on account of at- Ms. LOFGREN. were the first to advance the principles that tending a funeral. Mr. BARCIA. people should be equal before the law, that f Ms. ESHOO. majorities should respect the rights of minori- Mr. ETHERIDGE. ties, that men can govern their own affairs, SPECIAL ORDERS GRANTED The following Members (at the re- and that merit should determine a person's By unanimous consent, permission to quest of Mr. JONES) and to include ex- place in society. Much of our own constitution address the House, following the legis- traneous matter: March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1547

Mr. KING. List of Firms Not Eligible for Defense Con- 1999 Performance Plan, pursuant to Public Mr. HILL. tracts [DFARS Case 97–D325] received March Law 103—62; to the Committee on Govern- Ms. ROS-LEHTINEN. 20, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to ment Reform and Oversight. the Committee on National Security. 8195. A letter from the Director, National Mr. MANZULLO. 8183. A letter from the President and Gallery of Art, transmitting a report on the Mr. PACKARD. Chairman, Export-Import Bank of the United National Gallery’s Performance Plan for FY Mr. LATOURETTE. States, transmitting a report involving U.S. 1999, pursuant to Public Law 103—62; to the Mr. HAYWORTH. exports to the People’s Republic of China, Committee on Government Reform and The following Members (at the re- pursuant to 12 U.S.C. 635(b)(3)(i); to the Com- Oversight. 8196. A letter from the Chairman, National quest of Mr. PAPPAS) and to include ex- mittee on Banking and Financial Services. Transportation Safety Board, transmitting traneous matter: 8184. A letter from the President and Chairman, Export-Import Bank of the United the report in compliance with the Govern- Ms. MCCARTHY of Missouri. States, transmitting a report involving U.S. ment in the Sunshine Act for 1997, pursuant Mr. LIVINGSTON. exports to Uzbekistan, pursuant to 12 U.S.C. to 5 U.S.C. 552b(j); to the Committee on Gov- Mr. MORAN of Virginia. 635(b)(3)(i); to the Committee on Banking ernment Reform and Oversight. Mr. MCINNIS. and Financial Services. 8197. A letter from the Director, Office of Mr. ABERCROMBIE. 8185. A letter from the Assistant Secretary, Personnel Management, transmitting a re- port of activities under the Freedom of Infor- Mr. ARCHER. Special Education and Rehabilitative Serv- mation Act for the calendar year 1997, pursu- Ms. SANCHEZ. ice, Department of Education, transmitting a notice of Final Funding Priority for Fiscal ant to 5 U.S.C. 552(d); to the Committee on Ms. HOOLEY of Oregon. Years 1998–1999 for a Rehabilitation Engi- Government Reform and Oversight. Mr. GEPHARDT. neering Research Center, pursuant to 20 8198. A letter from the Executive Director, Mrs. MEEK of Florida. U.S.C. 1232(f); to the Committee on Edu- Pension Benefit Guaranty Corporation, transmitting a report of activities under the f cation and the Workforce. 8186. A letter from the Executive Director, Freedom of Information Act for the calendar ADJOURNMENT Federal Labor Relations Authority, trans- year 1997, pursuant to 5 U.S.C. 552(d); to the Committee on Government Reform and Mr. PAPPAS. Mr. Speaker, pursuant mitting the Authority’s final rule—Unfair Labor Practice Proceedings: Miscellaneous Oversight. to House Resolution 395, I move that 8199. A letter from the Administrator, and General Requirements [5 CFR Parts 2423 the House do now adjourn in memory Small Business Administration, transmit- and 2429] received March 19, 1998, pursuant to of the late Honorable STEVEN SCHIFF. ting the semiannual report on activities of 5 U.S.C. 801(a)(1)(A); to the Committee on The motion was agreed to; accord- the Inspector General for the period April 1, Education and the Workforce. 1997, through September 30, 1997, and the ingly (at 10 o’clock and 48 minutes 8187. A letter from the Assistant Secretary semiannual report of management on final p.m.) pursuant to House Resolution 395, for Legislative Affairs, Department of State, actions, pursuant to 5 U.S.C. app. (Insp. Gen. transmitting certification of a proposed li- the House adjourned until tomorrow, Act) section 5(b); to the Committee on Gov- Thursday, March 26, 1998, at 10 a.m. in cense for the export of defense articles or de- ernment Reform and Oversight. memory of the late Honorable STEVEN fense services sold under a contract to Japan 8200. A letter from the Acting Chairman, (Transmittal No. DTC–42–98), pursuant to 22 SCHIFF of New Mexico. Thrift Depositor Protection Oversight Board, U.S.C. 2776(c); to the Committee on Inter- f transmitting a report of activities under the national Relations. Freedom of Information Act for the calendar EXECUTIVE COMMUNICATIONS, 8188. A letter from the Assistant Secretary year 1997, pursuant to 5 U.S.C. 552(d); to the ETC. for Legislative Affairs, Department of State, Committee on Government Reform and transmitting certification of a proposed li- Oversight. Under clause 2 of rule XXIV, execu- cense for the export of defense articles or de- 8201. A letter from the Acting Director, Of- tive communications were taken from fense services sold commercially to South fice of Sustainable Fisheries, National Oce- the Speaker’s table and referred as fol- Korea (Transmittal No. DTC–101–97), pursu- anic and Atmospheric Administration, trans- lows: ant to 22 U.S.C. 2776(c); to the Committee on mitting the Administation’s final rule— International Relations. Fisheries of the Northeastern United States; 8178. A letter from the Manager, Federal 8189. A letter from the Assistant Secretary Summer Flounder Fishery; Commercial Crop Insurance Corporation, Department of for Legislative Affairs, Department of State, Quota Harvested for Maine [Docket No. Agriculture, transmitting the Department’s transmitting certification of a proposed li- 971015246–7293–02; I.D. 031398D] received final rule—General Crop Insurance Regula- cense for the export of defense articles or de- March 24, 1998, pursuant to U.S.C. tions, Various Endorsements; Fresh Market fense services sold under a contract to the 801(a)(1)(A); to the Committee on Resources. Tomato (Guaranteed Production Plan) Crop Netherlands (Transmittal No. DTC–2–98), 8202. A letter from the Deputy Assistant Insurance Regulations; and Common Crop pursuant to 22 U.S.C. 2776(c); to the Commit- Administrator for Fisheries, National Oce- Insurance Regulations, Various Crop Insur- tee on International Relations. anic and Atmospheric Administration, trans- ance Provisions [7 CFR Parts 401, 454, and 8190. A letter from the Assistant Secretary mitting the Administration’s final rule— 457] received March 20, 1998, pursuant to 5 for Legislative Affairs, Department of State, Fisheries of the Exclusive Economic Zone U.S.C. 801(a)(1)(A); to the Committee on Ag- transmitting certification of a proposed li- Off Alaska; Forage Fish Species Category riculture. cense for the export of defense articles or de- [Docket No. 971124274–8052–02; I. D. 110597A] 8179. A letter from the Chief, Programs and fense services sold under a contract to (RIN: 0648–AH67) received March 20, 1998, pur- Legislation Division, Department of the Air France (Transmittal No. DTC–41–98), pursu- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Force, transmitting a cost comparison of the ant to 22 U.S.C. 2776(c); to the Committee on tee on Resources. Headquarters Air Mobility Command Com- International Relations. 8203. A letter from the Director, Office of puter Systems function at Scott Air Force 8191. A letter from the Assistant Secretary Surface Mining Reclamation and Enforce- Base; to the Committee on National Secu- for Legislative Affairs, Department of State, ment, transmitting the Office’s final rule— rity. transmitting certification of a proposed li- Maryland Regulatory Program [MD–033– 8180. A letter from the Director, Defense cense for the export of defense articles or de- FOR] received March 20, 1998, pursuant to 5 Procurement, Department of Defense, trans- fense services sold under a contract to Nor- U.S.C. 801(a)(1)(A); to the Committee on Re- mitting the Department’s final rule—Defense way (Transmittal No. DTC–20–98), pursuant sources. Federal Acquisition Regulation Supplement; to 22 U.S.C. 2776(c); to the Committee on 8204. A letter from the the Acting Assist- Comprehensive Subcontracting Plans International Relations. ant Secretary (Civil Works), the Department [DFARS Case 97–D323] received March 20, 8192. A letter from the Chairman, Federal of the Army, transmitting a report regarding 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Energy Regulatory Commission, transmit- authorization of a streambank erosion pro- Committee on National Security. ting the report in compliance with the Gov- tection project for the Wabash River at New 8181. A letter from the Director, Defense ernment in the Sunshine Act for 1997, pursu- Harmony, Indiana, pursuant to Public Law Procurement, Department of Defense, trans- ant to 5 U.S.C. 552b(j); to the Committee on 104—303, section 101(b)(10); (H. Doc. No. 105— mitting the Department’s final rule—Defense Government Reform and Oversight. 235); to the Committee on Transportation Federal Acquisition Regulation Supplement; 8193. A letter from the Chairman, Federal and Infrastructure and ordered to be printed. Limitation on Allowability of Compensation Maritime Commission Agency, transmitting 8205. A letter from the General Counsel, for Certain Contractor Personnel [DFARS the report in compliance with the Govern- Department of Transportation, transmitting Case 97–D320] received March 20, 1998, pursu- ment in the Sunshine Act for 1997, pursuant the Department’s final rule—Airworthiness ant to 5 U.S.C. 801(a)(1)(A); to the Committee to 5 U.S.C. 552b(j); to the Committee on Gov- Directives; Saab Model SAAB 2000 Series on National Security. ernment Reform and Oversight. Airplanes [Docket No. 97–NM–289–AD; 8182. A letter from the Director, Defense 8194. A letter from the Acting Associate Amendment 39–10401; AD 98–06–23] (RIN: 2120– Procurement, Department of Defense, trans- Administrator for Legislative Affairs, Na- AA64) received March 24, 1998, pursuant to 5 mitting the Department’s final rule—Defense tional Aeronautics and Space Administra- U.S.C. 801(a)(1)(A); to the Committee on Federal Acquisition Regulation Supplement; tion, transmitting a report on NASA’s FY Transportation and Infrastructure. H1548 CONGRESSIONAL RECORD — HOUSE March 25, 1998 8206. A letter from the General Counsel, 8216. A letter from the General Counsel, 8227. A letter from the General Counsel, Department of Transportation, transmitting Department of Transportation, transmitting Department of Transportation, transmitting the Department’s final rule—Airworthiness the Department’s final rule—Revision of the Department’s final rule—Airworthiness Directives; Airbus Model A310 Series Air- Class E Airspace; Muskogee, OK [Airspace Directives; GE Aircraft Engines CT7 Series planes [Docket No. 97–NM–77–AD; Amend- Docket No. 98–ASW–12] received March 19, Turboprop Engines [Docket No. 97–ANE–41– ment 39–10400; AD 98–06–22] (RIN: 2120–AA64) 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the AD; Amendment 39–10231; AD 97–25–07] (RIN: received March 24, 1998, pursuant to 5 U.S.C. Committee on Transportation and Infra- 2120–AA64) received March 19, 1998, pursuant 801(a)(1)(A); to the Committee on Transpor- structure. to 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. 8217. A letter from the General Counsel, Transportation and Infrastructure. 8207. A letter from the General Counsel, Department of Transportation, transmitting 8228. A letter from the General Counsel, Department of Transportation, transmitting the Department’s final rule—Revision of Department of Transportation, transmitting the Department’s final rule—Airworthiness Class E Airspace; Stillwater, OK [Airspace the Department’s final rule—Airworthiness Directives; Eurocopter France Model AS Docket No. 98–ASW–15] received March 19, Directives; Certain Textron Lycoming 320 332C, L, and L1 Helicopters [Docket No. 97– 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the and 360 Series Reciprocating Engines [Dock- SW–34–AD; Amendment 39–10411; AD 98–06–32] Committee on Transportation and Infra- et No. 94–ANE–44; Amendment 39–10291; AD (RIN: 2120–AA64) received March 24, 1998, pur- structure. 98–02–08] (RIN: 2120–AA64) received March 19, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 8218. A letter from the General Counsel, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the tee on Transportation and Infrastructure. Department of Transportation, transmitting Committee on Transportation and Infra- 8208. A letter from the General Counsel, the Department’s final rule—Revision of structure. Department of Transportation, transmitting Class E Airspace; Pryor, OK [Airspace Dock- 8229. A letter from the General Counsel, the Department’s final rule—Aviation Insur- et No. 98–ASW–14] received March 19, 1998, Department of Transportation, transmitting ance [Docket No. 28893; Amdt. No. 198–4] pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Airworthiness (RIN: 2120–AF23) received March 24, 1998, pur- mittee on Transportation and Infrastruc- Directives; Eurocopter France Model SA– suant to 5 U.S.C. 801(a)(1)(A); to the Commit- ture. 365N, SA–365N1, and SA–366G1 Helicopters tee on Transportation and Infrastructure. 8219. A letter from the General Counsel, [Docket No. 97–SW–23–AD; Amendment 39– 8209. A letter from the General Counsel, Department of Transportation, transmitting 10313; AD 97–15–15] (RIN: 2120–AA64) received Department of Transportation, transmitting the Department’s final rule—Revision of March 19, 1998, pursuant to 5 U.S.C. the Department’s final rule—IFR Altitudes; Class E Airspace; Poteau, OK [Airspace 801(a)(1)(A); to the Committee on Transpor- Miscellaneous Amendments [Docket No. Docket No. 98–ASW–13] received March 19, tation and Infrastructure. 29165; Amendment No. 408] received March 24, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8230. A letter from the General Counsel, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- Department of Transportation, transmitting Committee on Transportation and Infra- structure. the Department’s final rule—Airworthiness structure. 8220. A letter from the General Counsel, Directives; Fokker F28 Mark 1000, 2000, 3000, 8210. A letter from the General Counsel, Department of Transportation, transmitting and 4000 Series Airplanes [Docket No. 96– Department of Transportation, transmitting the Department’s final rule—Revision of NM–174–AD; Amendment 39–10266; AD 98–01– the Department’s final rule—Airworthiness Class E Airspace; Tahlequah, OK [Airspace 02] (RIN: 2120–AA64) received March 19, 1998, Directives; British Aerospace BAe Model Docket No. 98–ASW–16] received March 19, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ATP Airplanes [Docket No. 96–NM–200–AD; 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Transportation and Infrastruc- Amendment 39–10399; AD 98–06–21] (RIN: 2120– Committee on Transportation and Infra- ture. AA64) received March 24, 1998, pursuant to 5 structure. 8231. A letter from the Associate Adminis- U.S.C. 801(a)(1)(A); to the Committee on 8221. A letter from the General Counsel, trator for Procurement, National Aero- Transportation and Infrastructure. Department of Transportation, transmitting nautics and Space Administration, transmit- 8211. A letter from the General Counsel, the Department’s final rule—Revision of ting the Administration’s final rule—Amend- Department of Transportation, transmitting Class E Airspace; Grove, OK [Airspace Dock- ing the NASA FAR Supplement (NFS) cov- the Department’s final rule—Airworthiness et No. 98–ASW–07] received March 19, 1998, erage on award fee evaluations to correct in- Directives; Diamond Aircraft Industries, Inc. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- accurate references and improve clarity [48 Model DA 20–A1 Airplanes, serial numbers mittee on Transportation and Infrastruc- CFR Parts 1816 and 1852] received March 20, 10002 through 10287 [Docket No. 97–CE–36–AD; ture. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Amendment 39–10062; AD 97–13–02] (RIN: 2120- 8222. A letter from the General Counsel, Committee on Science. AA64) received March 24, 1998, pursuant to 5 Department of Transportation, transmitting 8232. A letter from the Chief, Regulations U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Revision of Unit, Internal Revenue Service, transmitting Transportation and Infrastructure. Class E Airspace; Shawnee, OK [Airspace the Service’s final rule—Determination of 8212. A letter from the General Counsel, Docket No. 98–ASW–06] received March 19, Issue Price in the Case of Certain Debt In- Department of Transportation, transmitting 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the struments Issued for Property [Revenue Rul- the Department’s final rule—Airworthiness Committee on Transportation and Infra- ing 98–18] received March 20, 1998, pursuant Directives; Boeing Model 737- 100, -200, -300, structure. to 5 U.S.C. 801(a)(1)(A); to the Committee on -400, and -500 Series Airplanes [Docket No. 8223. A letter from the General Counsel, Ways and Means. 97–NM–29–AD; Amendment 39–10061; AD 97– Department of Transportation, transmitting 8233. A letter from the Chief, Regulations 14–04] (RIN: 2120–AA64) received March 24, the Department’s final rule—Revision of Unit, Internal Revenue Service, transmitting 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Class E Airspace; Claremore, OK [Airspace the Department’s final rule—Last-In, First- Committee on Transportation and Infra- Docket No. 98–ASW–05] received March 19, out Inventories [Revenue Ruling 98–16] re- structure. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the ceived March 20, 1998, pursuant to 5 U.S.C. 8213. A letter from the General Counsel, Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Ways and Department of Transportation, transmitting structure. the Department’s final rule—Airworthiness 8224. A letter from the General Counsel, Means. Directives; Empresa Brasileira de Department of Transportation, transmitting 8234. A letter from the National Director, Aeronautica, S.A. (EMBRAER) Model EMB– the Department’s final rule—Revision of Tax Forms and Publications Division, Inter- 120 Series Airplanes [Docket No. 97–NM–46– Class E Airspace; Bristow, OK [Airspace nal Revenue Service, transmitting the Serv- AD; Amendment 39–10249; AD 97–26–06] (RIN: Docket No. 98–ASW–04] received March 19, ice’s final rule— Tax forms and instructions 2120–AA64) received March 24, 1998, pursuant 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the [Revenue Procedure 98–26] received March 24, to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Transportation and Infra- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. structure. Committee on Ways and Means. 8214. A letter from the General Counsel, 8225. A letter from the General Counsel, f Department of Transportation, transmitting Department of Transportation, transmitting the Department’s final rule—Establishment the Department’s final rule—Revision of REPORTS OF COMMITTEES ON of Class E Airspace; Cleveland, OK [Airspace Class E Airspace; Gallup, NM [Airspace PUBLIC BILLS AND RESOLUTIONS Docket No. 97–ASW–29] received March 19, Docket No. 97–ASW–25] received March 19, Under clause 2 of rule XIII, reports of 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the committees were delivered to the Clerk Committee on Transportation and Infra- Committee on Transportation and Infra- structure. structure. for printing and reference to the proper 8215. A letter from the General Counsel, 8226. A letter from the General Counsel, calendar, as follows: Department of Transportation, transmitting Department of Transportation, transmitting Mr. DREIER: Committee on Rules. House the Department’s final rule—Revision of the Department’s final rule—Revision of Resolution 393. Resolution providing for con- Class E Airspace; Bartlesville, OK [Airspace Class E Airspace; Eastland, TX [Airspace sideration of the bill (H.R,. 3246) to assist Docket No. 97–ASW–28] received March 19, Docket No. 97–ASW–26] received March 19, small businesses and labor organizations in 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the defending themselves against government Committee on Transportation and Infra- Committee on Transportation and Infra- bureaucracy; to ensure that employees enti- structure. structure. tled to reinstatement get their jobs back March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1549 quickly; to protect the right of employers to H.R. 1023. Referral to the Committees on and for other purposes; to the Committee on have a hearing to present their case in cer- Commerce and Ways and Means extended for Ways and Means. tain representation cases; and to prevent the a period ending not later than June 2, 1998. By Mr. GUTIERREZ (for himself, Mr. use of the National Labor Relations Act for H.R. 2400. Referral to the Committee on BECERRA, Mrs. MEEK of Florida, Ms. the purpose of disrupting or inflicting eco- the Budget extended for a period ending not WATERS, Ms. SANCHEZ, and Ms. ROY- nomic harm on employers (Rept. 105–463). Re- later than March 27, 1998. BAL-ALLARD): ferred to the House Calendar. f H.R. 3553. A bill to amend the Nicaraguan Mr. HASTINGS of Washington: Committee Adjustment and Central American Relief Act on Rules. House Resolution 394. Resolution PUBLIC BILLS AND RESOLUTIONS to provide to nationals of El Salvador, Gua- providing for consideration of the bill (H.R. temala, Honduras, and Haiti an opportunity 2515) to address the declining health of for- Under clause 5 of Rule X and clause 4 to apply for adjustment of status under that ests on Federal lands in the United States of Rule XXII, public bills and resolu- Act, and for other purposes; to the Commit- through a program of recovery and protec- tions were introduced and severally re- tee on the Judiciary. tion consistent with the requirements of ex- ferred, as follows: By Mr. MCNULTY: isting public land management and environ- H.R. 3554. A bill to amend the Internal Rev- By Mr. BORSKI: mental laws, to establish a program to in- enue Code of 1986 to allow rollover contribu- H.R. 3545. A bill to amend section 8 of the ventory, monitor, and analyze public and tions to individual retirement plans from de- United States Housing Act of 1937 to ensure private forests and their resources, and for ferred compensation plans maintained by that the tenant-based rental assistance pro- other purposes (Rept. 105–464). Referred to States and local governments and to allow gram under such section is carried out in an the House Calendar. State and local governments to maintain efficient and fair manner; to the Committee Mr. HYDE: Committee on the Judiciary. 401(k) plans; to the Committee on Ways and on Banking and Financial Services. H.R. 1023. A bill to provide for compassionate Means. By Mr. ARCHER (for himself, Mr. KA- payments with regard to individuals with By Mr. MORAN of Virginia (for him- SICH, and Mr. BUNNING of Kentucky): blood-clotting disorders, such as hemophilia, self, Mrs. MORELLA, Mr. WYNN, Ms. H.R. 3546. A bill to provide for a national who contracted human immunodeficiency LOFGREN, Mr. WAXMAN, Mr. LAMPSON, dialogue on Social Security and to establish virus due to contaminated blood products, and Mrs. LOWEY): the Bipartisan Panel to Design Long-Range and for other purposes; with an amendment H.R. 3555. A bill to direct the Secretary of Social Security Reform; to the Committee (Rept. 105–465 Pt. 1). Ordered to be printed. Transportation to conduct an assessment of on Ways and Means. Mr. MCINNIS: Committee on Rules. House available technologies for establishing a sys- By Mr. WELDON of Florida (for him- Resolution 396. Resolution providing for con- tem to access information regarding the self, Mr. BROWN of Ohio, Mr. COBURN, sideration of the bill (H.R. 3310) to amend motor vehicle driving records of all motor Mr. STRICKLAND, Mr. COOKSEY, and chapter 35 of title 44, United States Code, for vehicle operators in the United States; to Mr. GREEN): the purpose of facilitating compliance by the Committee on Transportation and Infra- H.R. 3547. A bill to amend the Public small businesses with certain Federal paper- structure. Health Service Act and the Employee Retire- work requirements, and to establish a task By Mr. SHAYS: force to examine the feasibility of streamlin- ment Income Security Act of 1974 to assure H.R. 3556. A bill to reduce Federal spending ing paperwork requirements applicable to patient choice and access to services for en- in several programs; to the Committee on small businesses (Rept. 105–466). Referred to rollees in group health plans and health in- National Security, and in addition to the the House Calendar. surance coverage; to the Committee on Com- Committees on International Relations, Mr. SHUSTER: Committee on Transpor- merce, and in addition to the Committee on Science, Agriculture, Transportation and In- tation and Infrastructure. H.R. 2400. A bill to Education and the Workforce, for a period to frastructure, Resources, Education and the authorize funds for Federal-aid highways, be subsequently determined by the Speaker, Workforce, Veterans’ Affairs, and Commerce, highway safety programs, and transit pro- in each case for consideration of such provi- for a period to be subsequently determined grams, and for other purposes; with an sions as fall within the jurisdiction of the by the Speaker, in each case for consider- amendment (Rept. 105–467 Pt. 1). Ordered to committee concerned. ation of such provisions as fall within the ju- be printed. By Mr. ANDREWS: risdiction of the committee concerned. f H.R. 3548. A bill to establish a Fund for En- By Mr. SMITH of Oregon (for himself, vironmental Priorities to be funded by a por- Mr. SKEEN, Mr. CRAPO, and Mr. REPORTED BILLS SEQUENTIALLY tion of the consumer savings resulting from REFERRED HASTINGS of Washington): retail electricity choice, and for other pur- H.R. 3557. A bill to subject the United Pursuant to clause 5 of rule X the fol- poses; to the Committee on Commerce, and States to payment of fees and costs in pro- lowing action was taken by the Speak- in addition to the Committee on Transpor- ceedings relating to State water rights adju- er: tation and Infrastructure, for a period to be dications; to the Committee on the Judici- subsequently determined by the Speaker, in ary. [Omitted from the Record of March 23, 1998] each case for consideration of such provi- By Mr. DINGELL (for himself, Mr. H.R. 3485. Referred to the Committees on sions as fall within the jurisdiction of the UPTON, Ms. ESHOO, Mr. LAFALCE, the Judiciary and Ways and Means for a pe- committee concerned. Mrs. LOWEY, Mr. TRAFICANT, Mr. BOU- riod ending not later than March 23, 1998, for By Mr. COLLINS: CHER, Mr. MCDADE, Mr. CAMPBELL, consideration of such provisions of the bill H.R. 3549. A bill to amend the Internal Rev- Mr. LANTOS, and Mr. FALEOMAVAEGA): and amendment reported from the Commit- enue Code of 1986 to repeal the taxes on die- H. Con. Res. 250. Concurrent resolution tee on House Oversight as fall within the ju- sel fuel and gasoline used in trains which calling for better awareness and use of feder- risdiction of those committees pursuant to were enacted for deficit reduction; to the ally-supported research findings on the so- clause 1 (j) and (s), rule X Committee on Ways and Means. cial and economic costs of sleep deprivation [Submitted March 25, 1998] By Mr. GEPHARDT (for himself, Mr. and sleep disorders; to the Committee on Under clause 5 of rule X, bills and re- BOSWELL, Mrs. CLAYTON, Mr. CLY- Commerce. ports were delivered to the Clerk for BURN, Mr. EVANS, Mr. MINGE, Mr. PE- By Mr. SKEEN: printing, and bills referred as follows: TERSON of Minnesota, Mr. POMEROY, H. Res. 395. A resolution expressing the Mr. POSHARD, and Ms. STABENOW): condolences of the House on the death of the Mr. SHUSTER: Committee on Transpor- H.R. 3550. A bill to provide a safety net for Honorable Steven Schiff, a Representative tation and Infrastructure. H.R. 2400. A bill to farmers and consumers, to promote the de- authorize funds for Federal-aid highways, from the State of New Mexico; considered velopment of farmer-owned value added highway safety programs, and transit pro- and agreed to. processing facilities, and for other purposes; grams, and for other purposes, with an By Mr. HAYWORTH (for himself, Mr. to the Committee on Agriculture. amendment; referred to the Committee on ARCHER, Mr. ENSIGN, Mr. STUMP, Mr. By Ms. DELAURO: Ways and Means for a period ending not later JONES, Mr. ROHRABACHER, Mr. H.R. 3551. A bill to amend title 18, United than March 27, 1998, for consideration of such LARGENT, Mr. BRYANt, Mr. JENKINS, States Code, relating to identity fraud, and provisions of the bill and amendment re- Mr. DUNCAN, Mr. HILLEARY, Mr. ported by the Committee on Transportation for other purposes; to the Committee on the WELDON of Pennsylvania, Mr. SCAR- and Infrastructure as fall within the jurisdic- Judiciary, and in addition to the Committee BOROUGH, Mr. MCCRERY, Ms. PRYCE of tion of that committee pursuant to clause on Transportation and Infrastructure, for a Ohio, Mr. RYUN, Mr. NEUMANN, Mr. 1(s), rule X. period to be subsequently determined by the DELAY, Mr. COBLE, Mr. ROGERS, Mr. Speaker, in each case for consideration of MCINTOSH, Mr. HUNTER, Mr. COLLINS, f such provisions as fall within the jurisdic- Mr. ARMEY, Mr. MCCOLLUM, Mr. TIME LIMITATION OF REFERRED tion of the committee concerned. EVERETT, Mr. SMITH of Texas, Mr. BILL By Mr. DREIER: LIVINGSTON, Mr. SHADEGG, Mr. TAL- H.R. 3552. A bill to amend the Internal Rev- ENT, and Mr. SMITH of Michigan): Purusant to clause 5 of rule X the fol- enue Code of 1986 to allow the carryover of H. Res. 397. A resolution expressing the lowing action was taken by the Speak- unused nontaxable benefits under cafeteria sense of the House of Representatives con- er: plans and flexible spending arrangements, cerning the President’s use of the White H1550 CONGRESSIONAL RECORD — HOUSE March 25, 1998

House Counsel’s Office in matters relating to HASTINGS of Florida, Mrs. MEEK of Florida, H.R. 2500: Mr. FATTAH. his personal legal battles; to the Committee and Ms. SANCHEZ. f on Government Reform and Oversight. H.R. 3107: Ms. WOOLSEY. AMENDMENTS f H.R. 3110: Mr. CALVERT, Mr. UPTON, and Mrs. JOHNSON of Connecticut. Under clause 6 of rule XXIII, pro- ADDITIONAL SPONSORS H.R. 3125: Mr. FALEOMAVAEGA, Mrs. posed amendments were submitted as MORELLA, Mr. FROST, Mr. EVANS, Mr. FIL- follows: Under clause 4 of rule XXII, sponsors NER, Mr. WEXLER, and Ms. SLAUGHTER. were added to public bills and resolu- H.R. 3149: Mr. BOB SCHAFFER. H.R. 2515 tions as follows: H.R. 3151: Mr. BOB SCHAFFER. OFFERED BY: MR. BROWN OF CALIFORNIA H.R. 59: Mr. JENKINS. H.R. 3156: Ms. PELOSI, Mr. OBERSTAR, Mr. (Page and line numbers refer to H.R. 3530, H.R. 453: Mr. MCGOVERN. PETERSON of Minnesota, Mr. ETHERIDGE, Mr. which is made in order as an amendment in H.R. 611: Ms. STABENOW. MARKEY, Mr. SCOTT, Mr. SANDLIN, Mr. the nature of a substitute) H.R. 693: Mr. GOODLING. OLVER, Mr. MARTINEZ, Ms. RIVERS, Mr. AMENDMENT NO. 1: Page 8, line 17, insert H.R. 754: Mr. FOX of Pennsylvania. GREENWOOD, Mr. MILLER of California, Mr. after the period the following: H.R. 900: Mr. BAESLER, Ms. SANCHEZ, and BENTSEN, Mr. FARR of California, Mr. ‘‘However, no commercial timber sale may Mr. BLAGOJEVICH. TORRES, Mrs. CAPPS, Mr. DOOLEY of Califor- be conducted as part of any recovery H.R. 980: Mr. BEREUTER. nia, Mr. FRANKS of New Jersey, Mr. project.’’. GILCHREST, Mr. KNOLLENBERG, Mr. PETERSON H.R. 1063: Mr. KENNEDY of Massachusetts H.R. 2515 of Pennsylvania, Mr. TAYLOR of North Caro- and Mr. TURNER. OFFERED BY: MR. BROWN OF CALIFORNIA lina, Ms. SLAUGHTER, Mr. DEFAZIO, Ms. H.R. 1126: Mr. MURTHA and Mr. BLUNT. (Page and line numbers refer to H.R. 3530, H.R. 1151: Mr. MEEKS of New York, Mr. SANCHEZ, Mr. LAHOOD, Mr. SKAGGS, Mr. KOLBE, Ms. ESHOO, Mr. FAWELL, and Mr. which is made in order as an amendment in STRICKLAND, Mr. PAPPAS, Mr. SPRATT, Mrs. the nature of a substitute) CAPPS, Mr. CLYBURN, and Mr. WELLER. POMEROY. IPINSKI EEKS AMENDMENT NO. 2: Page 27, beginning line H.R. 1283: Mr. BALLENGER, Mr. GRAHAM, H.R. 3178: Mr. L and Mr. M of 11, strike ‘‘Amounts in the Fund shall be Mr. DOOLEY of California, Mr. KLECZKA, Mr. New York. H.R. 3181: Mr. CONYERS and Mr. SCHUMER. available to the Secretary, without further SKELTON, Mrs. TAUSCHER, Mr. ENGLISH of H.R. 3206: Mr. BARR of Georgia. appropriation—’’ and insert ‘‘Only in such Pennsylvania, Mr. FORBES, Mr. HOEKSTRA, H.R. 3248: Mr. FORBES, Mr. GOODLATTE, Mr. amounts as are provided in advance in an- and Mr. SKEEN. SHIMKUS, and Mr. RIGGS. nual appropriation Acts, the Secretary may H.R. 1285: Mr. HEFLEY. H.R. 3279: Mr. COSTELLO, Mr. use amounts in the Fund—’’. H.R. 1371: Mr. THUNE. FALEOMAVAEGA, Mr. SANDERS, Mrs. MINK of H.R. 2515 H.R. 1375: Ms. HOOLEY of Oregon and Mr. Hawaii, Mr. DINGELL, Mr. THOMPSON, Mr. BLUMENAUER. OFFERED BY: MRS. CHENOWETH KILDEE, and Mrs. KELLY. H.R. 1376: Mr. RANGEL. (Page and line numbers refer to H.R. 3530, H.R. 3284: Mr. GREEN and Mr. KIND of Wis- H.R. 1401: Mr. SHAYS. which is made in order as an amendment in consin. H.R. 1689: Mr. WALSH and Mr. BENTSEN. the nature of a substitute) H.R. 3438: Mr. FRANKS of New Jersey. H.R. 1712: Mr. CUNNINGHAM. AMENDMENT NO. 3: Page 29, beginning on H.R. 3454: Mrs. MYRICK and Ms. RIVERS. H.R. 1766: Mr. COLLINS, Mr. CRANE, Mr. line 15, strike paragraph (4) relating to a pro- H.R. 3470: Mr. GEJDENSON, Mr. MORAN of EHLERS, Mr. ENGEL, Ms. KAPTUR, Mr. KING- hibition on the use of amounts from the For- Virginia, and Ms. SANCHEZ. STON, Mr. NETHERCUTT, Ms. SANCHEZ, and Mr. est Recovery and Protection Fund to con- H.R. 3471: Mr. KLECZKA. SANDERS. struct roads. H.R. 3475: Mr. SESSIONS, Mr. COBURN, Mr. H.R. 1807: Mr. FRANK of Massachusetts. HOUGHTON, Mr. FOLEY, and Ms. DUNN of H.R. 2515 H.R. 2052: Mr. RANGEL. Washington. OFFERED BY: MRS. CHENOWETH H.R. 2198: Mr. BOB SCHAFFER. H.R. 3502: Mr. BILIRAKIS. (Page and line numbers refer to H.R. 3530, H.R. 2202: Mr. DIXON, Ms. JACKSON-LEE, and H.R. 3522: Mr. MCGOVERN, Mr. NEAL of Mas- which is made in order as an amendment in Mr. BURR of North Carolina. sachusetts, and Mr. WEYGAND. the nature of a substitute) H.R. 2253: Mr. WAXMAN, Mr. ADAM SMITH of H.R. 3526: Mr. BALDACCI, Mr. KENNEDY of AMENDMENT NO. 4: Page 29, beginning on Washington, and Mr. MARTINEZ. Massachusetts, and Mr. UNDERWOOD. line 15, strike paragraph (4). H.R. 2351: Mr. CUMMINGS. H.R. 3534: Mr. GINGRICH. Add at the end the following new section: H.R. 2380: Mr. BACHUS. H.J. Res. 113: Mr. LEACH. SEC. 12. ENHANCED CONSISTENCY BETWEEN H.R. 2409: Mr. HILLIARD, Mr. OBERSTAR, Mr. H. Con. Res. 127: Mr. COSTELLO and Mrs. FEDERAL TIMBER ROADS PRO- WATKINS, and Mr. MATSUI. JOHNSON of Connecticut. GRAMS. H.R. 2488: Mr. SANDLIN. H. Con. Res. 159: Mrs. THURMAN and Mr. (a) ELIMINATION OF PURCHASER ROAD CRED- H.R. 2526: Mr. FOLEY. MALONEY of Connecticut. ITS IN PUBLIC DOMAIN AND OTHER FORESTS.— H.R. 2560: Ms. SANCHEZ, Mrs. NORTHUP, and H. Con. Res. 203: Ms. SLAUGHTER and Mr. Section 4 of Public Law 88–657 (16 U.S.C. 535; Mrs. TAUSCHER. NETHERCUTT. commonly known as the National Forest H.R. 2567: Mr. TALENT. H. Con. Res. 210: Mr. MORAN of Virginia and Roads and Trails Act) is amended— H.R. 2568: Mr. BRYANT and Mr. Mr. WHITFIELD. (1) by striking ‘‘SEC. 4.’’ and inserting the CHRISTENSEN. H. Con. Res. 214: Mr. TANNER and Mr. BRY- following: H.R. 2598: Mr. HUTCHINSON, Mr. PEASE, and ANT. ‘‘SEC. 4. CONSTRUCTION OF FOREST DEVELOP- Mr. COOKSEY. H. Con. Res. 218: Mr. ROHRABACHER, Mr. MENT ROADS. H.R. 2695: Mr. HINOJOSA and Ms. CHRISTIAN- ROYCE, Mr. BERMAN, Mr. FOX of Pennsyl- ‘‘(a) AUTHORIZED METHODS TO FUND CON- GREEN. vania, Mr. GILMAN, and Mr. SMITH of New STRUCTION.—’’; H.R. 2936: Mr. MORAN of Kansas. Jersey. (2) by striking ‘‘including provisions for EAL H.R. 2951: Mr. N of Massachusetts and H. Con. Res. 225: Ms. KILPATRICK, Mr. amortization of road costs in contracts’’ and NGLISH Mr. E of Pennsylvania. LEWIS of Georgia, Ms. CARSON, Mr. LANTOS, inserting ‘‘except that the Secretary may AUL STOOK H.R. 2968: Mr. P , Mr. I , Mr. Ms. SLAUGHTER, Mrs. MINK of Hawaii, Ms. not provide purchaser credit for road con- ETCALF A OURETTE ARTON M , Mr. L T , and Mr. B EDDIE BERNICE JOHNSON of Texas, Mr. MIL- struction’’; of Texas. LER of California, Mr. FROST, and Mr. (3) by striking ‘‘: Provided,’’ and all that ANSEN OUGHTON H.R. 2973: Mr. H and Mr. H . MCGOVERN. follows through the period at the end of the H.R. 2990: Mr. WATKINS, Mr. SNYDER, Mr. H. Con. Res. 233: Mr. MANTON. proviso and inserting a period; and ROMERO-BARCELO, Mr. PASCRELL, Mr. COOK, H. Con. Res. 246: Ms. KAPTUR. (4) by striking the last sentence. Mr. DOOLEY of California, Mr. GILMAN, Mr. H. Res. 182: Mr. LAZIO of New York. (b) CONSISTENT TIMBER ROAD PROGRAMS; MORAN of Virginia, Mr. SISISKY, Mr. CANNON, H. Res. 313: Mrs. MCCARTHY of New York EXCEPTIONS.—Such section is further amend- Mr. SPRATT, Mr. DEFAZIO, Mr. BLILEY, and and Mr. FALEOMAVAEGA. ed by adding at the end the following new Mrs. THURMAN. H. Res. 363: Mr. GREENWOOD and Mr. subsections: H.R. 2994: Ms. DEGETTE, Mr. THOMPSON, MCGOVERN. ‘‘(b) CONSISTENT FEDERAL FOREST ROAD and Mr. DOYLE. H. Res. 392: Mr. HINCHEY, Mr. CAMPBELL, PROGRAMS.—Subject to subsection (c), the H.R. 3007: Mrs. JOHNSON of Connecticut and and Mr. SANFORD. Secretary of Agriculture shall carry out the Mr. BARCIA of Michigan. program authorized by subsection (a) for the f H.R. 3048: Mrs. MORELLA. acquisition, construction, and maintenance H.R. 3050: Ms. SLAUGHTER. DELETIONS OF SPONSORS FROM of forest roads in the public domain and H.R. 3054: Mr. MANTON, Mr. ENGEL, and Mr. PUBLIC BILLS AND RESOLUTIONS other national forests in the same manner as WYNN. the Secretary of the Interior conducts the H.R. 3065: Mr. DOOLEY of California. Under clause 4 of rule XXII, sponsors roads program for forest lands under the ju- H.R. 3068: Mr. FRANK of Massachusetts, Mr. were deleted from public bills and reso- risdiction of the Bureau of Land Manage- WATT of North Carolina, Mr. SANDERS, Mr. lutions as follows: ment, as such Bureau of Land Management March 25, 1998 CONGRESSIONAL RECORD — HOUSE H1551 roads program was in effect on January 1, H.R. 2515 (B) shall carry out the road construction in 1998. OFFERED BY: MRS. CHENOWETH the same manner as the Secretary of the In- terior conducts the roads program for forest ‘‘(c) SPECIAL REQUIREMENTS FOR FOREST (Page and line numbers refer to H.R. 3530, lands under the jurisdiction of the Bureau of SERVICE ROAD PROGRAM.— which is made in order as an amendment in the nature of a substitute) Land Management, as such Bureau of Land ‘‘(1) DESIGN AND ENGINEERING SERVICES.— Management roads program was in effect on AMENDMENT NO. 5: Page 29, beginning on Using funds available to the Forest Service January 1, 1998. for the design and engineering of forest roads line 15, strike paragraph (4). Add at the end the following new section: (2) SPECIAL REQUIREMENTS FOR ROADS.— in the public domain and other national for- (A) DESIGN AND ENGINEERING SERVICES.— ests, the Secretary of Agriculture is author- SEC. 12. ELIMINATION OF PURCHASER ROAD CREDITS IN CONNECTION WITH RE- Subject to the availability of appropriations ized and encouraged to enter into contracts COVERY PROJECTS. for this purpose, the Secretary of Agri- with private persons to perform design and Section 4 of Public Law 88–657 (16 U.S.C. culture may enter into contracts with pri- engineering services in connection with the 535; commonly known as the National Forest vate persons to perform design and engineer- acquisition, construction, and maintenance Roads and Trails Act) is amended by adding ing services in connection with recovery of forest roads. The Secretary shall ensure at the end the following: projects involving the acquisition, construc- that competitive procedures are used in the ‘‘(b) AUTHORIZED METHODS TO FUND ROAD tion, or maintenance of forest roads. The selection of persons for the performance of CONSTRUCTION.—In connection with recovery Secretary shall ensure that competitive pro- such services. projects, the Secretary of Agriculture— cedures are used in the selection of persons ‘‘(2) LEVEL OF CONSTRUCTION.—In the case ‘‘(1) may not provide purchaser credit for for the performance of such services. of a forest road in a public domain or other road construction; and (B) LEVEL OF CONSTRUCTION.—In the case of national forest that is constructed or paid ‘‘(2) shall carry out the program authorized a forest road in a recovery project that is for by a purchaser of national forest timber, by this section for the acquisition, construc- constructed or paid for by another person, the Secretary of Agriculture may not require tion, and maintenance of forest roads in the the Secretary of Agriculture may not require the purchaser to design, construct, or main- same manner as the Secretary of the Interior the person to design, construct, or maintain conducts the roads program for forest lands tain the road to a higher standard than the the road to a higher standard than the stand- under the jurisdiction of the Bureau of Land standard, consistent with applicable environ- ard, consistent with applicable environ- Management, as such Bureau of Land Man- mental laws and regulations, that is suffi- mental laws and regulations, that is suffi- agement roads program was in effect on Jan- cient for the recovery project involved, un- cient for the harvesting and removal of the uary 1, 1998. less the Secretary bears that part of the cost timber and other products covered by the ‘‘(c) SPECIAL REQUIREMENTS FOR FOREST necessary to meet the higher standard. sale, unless the Secretary bears that part of SERVICE ROAD PROGRAM.— (C) TREATMENT OF ROAD VALUE.—In the the cost necessary to meet the higher stand- ‘‘(1) DESIGN AND ENGINEERING SERVICES.— case of a forest road in a recovery project ard. Using funds available to the Forest Service that is constructed or paid for by another ‘‘(3) TREATMENT OF ROAD VALUE.—In the for the design and engineering of forest person, the appraised value of the road shall case of a forest road in a public domain or roads, the Secretary of Agriculture is au- be considered to be money received for pur- other national forest that is constructed or thorized and encouraged to enter into con- poses of the payments required to be made paid for by a purchaser of national forest tracts with private persons to perform design under the sixth paragraph under the heading timber, the appraised value of the road shall and engineering services in connection with ‘‘FOREST SERVICE’’ in the Act of May 23, be considered to be money received for pur- recovery projects involving the acquisition, 1908 (35 Stat. 260; 16 U.S.C. 500), and section poses of the payments required to be made construction, or maintenance of forest roads. 13 of the Act of March 1, 1911 (36 Stat. 963; under the sixth paragraph under the heading The Secretary shall ensure that competitive commonly known as the Weeks Act; 16 ‘‘FOREST SERVICE’’ in the Act of May 23, procedures are used in the selection of per- U.S.C. 500). To the extent that the appraised 1908 (35 Stat. 260; 16 U.S.C. 500), and section sons for the performance of such services. value of a forest road determined under this 13 of the Act of March 1, 1911 (36 Stat. 963; ‘‘(2) LEVEL OF CONSTRUCTION.—In the case paragraph reflects funds contributed by the commonly known as the Weeks Act; 16 of a forest road in a recovery project that is Secretary of Agriculture to build the road to U.S.C. 500). To the extent that the appraised constructed or paid for by another person, a higher standard, the Secretary shall mod- value of a forest road determined under this the Secretary of Agriculture may not require ify the appraisal of the road to exclude the paragraph reflects funds contributed by the the person to design, construct, or maintain effect of the Federal funds. the road to a higher standard than the stand- Secretary of Agriculture to build the road to H.R. 2515 ard, consistent with applicable environ- a higher standard, the Secretary shall mod- mental laws and regulations, that is suffi- OFFERED BY: MS. FURSE ify the appraisal of the road to exclude the cient for the recovery project involved, un- (Page and line numbers refer to H.R. 3530) effect of the Federal funds.’’. less the Secretary bears that part of the cost AMENDMENT NO. 7: Page 8, strike lines 3 (c) ELIMINATION OF REFERENCES TO PUR- necessary to meet the higher standard. through 17, and insert the following: ‘‘(3) TREATMENT OF ROAD VALUE.—In the CHASER CREDITS.— (8) RECOVERY PROJECT.—The term ‘‘recov- (1) TRANSPORTATION SYSTEM.—Section 10(a) case of a forest road in a recovery project ery project’’ means a project to restore or of the Forest and Rangeland Renewable Re- that is constructed or paid for by a purchaser protect forest values and resources within an sources Planning Act of 1974 (16 U.S.C. of national forest timber, the appraised identified recovery area, including the types 1608(a)) is amended by striking ‘‘benefits’’ value of the road shall be considered to be of projects: restoration of native vegetative and all that follows through the period at money received for purposes of the payments cover; prescribed burns; stabilization of the end of the subsection and inserting ‘‘ben- required to be made under the sixth para- slopes; recontouring of slopes; decommis- efits.’’. graph under the heading ‘‘FOREST SERV- sioning and obliteration of roads; removal of ICE’’ in the Act of May 23, 1908 (35 Stat. 260; (2) TIMBER SALES WITH PURCHASER CREDIT man-made barriers to fish spawning runs; 16 U.S.C. 500), and section 13 of the Act of PROVISIONS.—Section 14 of the National For- improvement of reparian areas and other March 1, 1911 (36 Stat. 963; commonly known est Management Act of 1976 (16 U.S.C. 472a) is habitat; and soil stabilization and other as the Weeks Act; 16 U.S.C. 500). To the ex- amended by striking subsection (i). water quality improvements. tent that the appraised value of a forest road (d) APPLICATION OF AMENDMENTS.— determined under this paragraph reflects H.R. 2515 (1) EFFECT ON EXISTING PURCHASER ROAD funds contributed by the Secretary of Agri- OFFERED BY: MS. FURSE CREDITS.—Notwithstanding the amendments culture to build the road to a higher stand- (Page and line numbers refer to H.R. 3530) made by subsection (a), effective purchaser ard, the Secretary shall modify the appraisal AMENDMENT NO. 8: Page 29, strike credit already earned for road construction of the road to exclude the effect of the Fed- ‘‘$500,000’’ and insert $50,000,000’’. may continue to be used in accordance with eral funds.’’. H.R. 2515 section 4 of Public Law 88–657 (16 U.S.C. 535; H.R. 2515 commonly known as the National Forest OFFERED BY: MRS. CHENOWETH OFFERED BY: MS. FURSE Roads and Trails Act), and rules issued under (Page and line numbers refer to H.R. 3530) (Page and line numbers refer to H.R. 3530) such section, as in effect on the day before AMENDMENT NO. 6: Page 29, beginning on AMENDMENT NO. 9: Page 29, after line 22, in- the date of the enactment of this Act. line 15, strike paragraph (4) and insert the sert the following: (2) EFFECT ON EXISTING CONTRACTS.—Not- following: (5) PROHIBITION ON USE OF ANY FUNDS TO withstanding the amendment made by sub- (f) ELIMINATION OF PURCHASER ROAD CRED- CONSTRUCT TEMPORARY ROADS.—For purposes section (c)(2), subsection (i) of section 14 of ITS IN CONNECTION WITH RECOVERY of the recovery projects authorized by this the National Forest Management Act of 1976 PROJECTS.— Act, amounts in the Fund shall not be used, (16 U.S.C. 472a), as in effect on the day before (1) AUTHORIZED METHODS TO FUND ROAD CON- either directly through direct allocations the date of the enactment of this Act, shall STRUCTION.—In connection with recovery from the Fund, or indirectly through alloca- continue to apply with respect to any timber projects, the Secretary of Agriculture— tions to recovery projects from other Forest contract described in such subsection award- (A) may not provide purchaser credit for Service accounts, for the construction of ed before October 1, 1998. road construction; and temporary roads of any kind. H1552 CONGRESSIONAL RECORD — HOUSE March 25, 1998

H.R. 2515 (B) LEVEL OF CONSTRUCTION.—In the case of fines in appropriate circumstances for first- OFFERED BY: MR. MILLER OF CALIFORNIA a forest road in a recovery project that is time violations by small entities (as defined constructed or paid for by another person, in section 601 of title 5, United States Code) (Page and line numbers refer to H.R. 3530) the Secretary of Agriculture may not require of requirements regarding collection of in- AMENDMENT NO. 10: Page 27, beginning on the person to design, construct, or maintain formation. Such policy or program shall line 11, strike ‘‘Amounts in the Fund shall be the road to a higher standard than the stand- take into account— available to the Secretary, without further ard, consistent with applicable environ- ‘‘(i) the nature and seriousness of the vio- appropriation—’’ and insert ‘‘Only in such mental laws and regulations, that is suffi- lation, including whether the violation was amounts as are provided in advance in an- cient for the recovery project involved, un- technical or inadvertent, involved willful or nual appropriation Acts, the Secretary may less the Secretary bears that part of the cost criminal conduct, or has caused or threatens use amounts in the Fund—’’. necessary to meet the higher standard. to cause harm to— H.R. 2515 (C) TREATMENT OF ROAD VALUE.—In the ‘‘(I) the health and safety of the public; OFFERED BY: MR. MILLER OF CALIFORNIA case of a forest road in a recovery project ‘‘(II) consumer, investor, worker, or pen- that is constructed or paid for by another sion protections; or (Page and line numbers refer to H.R. 3530) person, the appraised value of the road shall ‘‘(III) the environment; AMENDMENT NO. 11: Page 29, line 16, strike be considered to be money received for pur- ‘‘(ii) whether there has been a demonstra- ‘‘NEW, PERMANENT’’. poses of the payments required to be made tion of good faith effort by the small entity Page 29, line 22, strike ‘‘new, permanent’’. under the sixth paragraph under the heading to comply with applicable laws, and to rem- H.R. 2515 ‘‘FOREST SERVICE’’ in the Act of May 23, edy the violation within the shortest prac- OFFERED BY: MR. MILLER OF CALIFORNIA 1908 (35 Stat. 260; 16 U.S.C. 500), and section ticable period of time; 13 of the Act of March 1, 1911 (36 Stat. 963; ‘‘(iii) the previous compliance history of (Page and line numbers refer to H.R. 3530) commonly known as the Weeks Act; 16 the small entity, including whether the en- AMENDMENT NO. 12: Page 29, beginning on U.S.C. 500). To the extent that the appraised tity, its owner or owners, or its principal of- line 25, strike ‘‘paid,’’ and all that follows value of a forest road determined under this ficers have been subject to past enforcement through line 6, on page 30, and insert ‘‘depos- paragraph reflects funds contributed by the actions; ited in the general fund of the Treasury.’’. Secretary of Agriculture to build the road to ‘‘(iv) whether the small entity has ob- H.R. 2515 a higher standard, the Secretary shall mod- tained a significant economic benefit from OFFERED BY: MR. RADANOVICH ify the appraisal of the road to exclude the the violation; and effect of the Federal funds. ‘‘(v) any other factors considered relevant (Page and line numbers refer to H.R. 3530) H.R. 2515 by the head of the agency; AMENDMENT NO. 13: Page 29, beginning on OFFERED BY: MR. VENTO ‘‘(C) not later than 6 months after the date line 15, strike paragraph (4) and insert the of the enactment of the Small Business Pa- (Page and line numbers refer to H.R. 3530) following: perwork Reduction Act Amendments of 1998, (f) ELIMINATION OF PURCHASER ROAD CRED- AMENDMENT NO. 14: Page 10, line 1, strike revise the policies of the agency to imple- ITS IN CONNECTION WITH RECOVERY ‘‘45-day period’’ and insert ‘‘60-day period’’. ment subparagraph (B); and PROJECTS.— Page 10, line 18, strike ‘‘45-day period’’ and ‘‘(D) not later than 6 months after the date (1) AUTHORIZED METHODS TO FUND ROAD CON- insert ‘‘60-day period’’. of the enactment of such Act, submit to the STRUCTION.—In connection with recovery H.R. 2515 Committee on Government Reform and Over- projects, the Secretary of Agriculture— OFFERED BY: MR. VENTO sight of the House of Representatives and (A) may not provide purchaser credit for (Page and line numbers refer to H.R. 3530) the Committee on Governmental Affairs of road construction; and the Senate a report that describes the policy (B) shall carry out the road construction in AMENDMENT NO. 15: Page 27, lines 12 and 13, strike ‘‘, without further appropriation’’. or program implemented under subparagraph the same manner as the Secretary of the In- (B). terior conducts the roads program for forest H.R. 2515 ‘‘(2) For purposes of paragraphs (1)(B) lands under the jurisdiction of the Bureau of OFFERED BY: MR. VENTO through (1)(D), the term ‘agency’ does not in- Land Management, as such Bureau of Land (Page and line numbers refer to H.R. 3530) clude the Internal Revenue Service.’’. Management roads program was in effect on AMENDMENT NO. 16: Page 29, line 16, strike H.R. 3310 January 1, 1998. ‘‘, PERMANENT’’. (2) SPECIAL REQUIREMENTS FOR ROADS.— Page 29, line 22, strike ‘‘,permanent roads’’ OFFERED BY: MR. MCINTOSH (A) DESIGN AND ENGINEERING SERVICES.— and insert ‘‘roads, regardless of whether the Subject to the availability of appropriations roads are intended to be permanent or tem- AMENDMENT NO. 2. Page 6, strike line 25 for this purpose, the Secretary of Agri- porary’’. and insert the following: imposed by the agency. culture may enter into contracts with pri- H.R. 3310 vate persons to perform design and engineer- ‘‘(4) Notwithstanding any other provision OFFERED BY: MR. KUCINICH ing services in connection with recovery of law, no State may impose a civil penalty projects involving the acquisition, construc- AMENDMENT NO. 1: Page 4, strike line 10 on a small-business concern, in the case of a tion, or maintenance of forest roads. The and all that follows through page 6, line 25, first-time violation by the small-business Secretary shall ensure that competitive pro- and insert the following: concern of a requirement regarding collec- cedures are used in the selection of persons ‘‘(B) establish a policy or program for tion of information, in a manner inconsist- for the performance of such services. eliminating, delaying, and reducing civil ent with the provisions of this subsection.’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, WEDNESDAY, MARCH 25, 1998 No. 35 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE MAJORITY Mr. STEVENS. Mr. Leader, I am not called to order by the President pro LEADER certain we can finish by noon. We have tempore (Mr. THURMOND). The PRESIDENT pro tempore. The probably three to four votes that we The PRESIDENT pro tempore. To- able majority leader, Senator LOTT of believe we will have to have on amend- day’s prayer will be offered by Rev. Mississippi, is recognized. ments that are coming, and we still Henry E. Eisenhart, National Chaplain, f have the problem of the IMF amend- The American Legion, Perkasie, PA. ment, which is the last amendment to SCHEDULE We are pleased to have you with us. be cleared. But we are now down to a Mr. LOTT. Mr. President, this morn- point where we think we have cleared ing the Senate will resume consider- most of the controversial amendments, PRAYER ation of S. 1768, the emergency supple- with the exception of three to four, and The guest Chaplain, Rev. Henry E. mental appropriations bill, with a hope I am still working on one of those. Eisenhart, National Chaplain, The of concluding action on the bill during Mr. LOTT. Are you trying to get American Legion, offered the following today’s session. Hopefully, we can do it time agreements and actually go to prayer: by noon. In a moment I would like to votes if they are going to be required? address some questions to the manager Eternal God of our Nation, within the Mr. STEVENS. Yes, I think we will of the bill, Senator STEVENS, and get a grandeur of this Capitol and the state- be able to get time agreements on all feel for kind of where we are. liness of this Chamber, we come hum- amendments other than the IMF As a reminder to all Members, the amendment. On the IMF amendment, bly but gratefully before Your throne second cloture vote on H.R. 2646, the of glory with devout hearts, dedicated the time has already expired. The ques- Coverdell A+ education savings ac- tion is how to dispose of that. minds, and devoted souls united in count bill, was postponed yesterday prayer for wisdom, understanding, and Mr. LOTT. I urge my colleagues on and will occur at a time to be deter- both sides of the aisle, let’s see if we guidance during this session of the mined by the majority leader, as al- Senate. can find some way to complete the sup- ways, and we will notify the Demo- plemental appropriations bills. They Direct the day’s agenda with perse- cratic leader when a decision is made are emergency appropriations for de- verance of purpose, devotion of duty, on that. And, as always, all Members fense and disasters. Of course, the IMF and single-heartedness of spirit to in- will be notified when that vote will issue is a separate issue, and I realize still the gratification of something at- occur. It is still hoped that an agree- there are some disagreements about it tempted, something changed, some- ment can be worked out with respect and how it should be handled. I person- thing done, and something sustained in to an orderly handling of that bill. I ex- ally think that we should find a way to creating a stronger Nation and a better pect we will not have the cloture vote provide the funds, but only—only—if world. until after we complete the supple- strong conditions are in place to make Mindful of the immeasurable faith of mental appropriations, assuming we can get an early completion of that sure that the American people have our Founding Fathers in Your provi- confidence these funds are not being dence during perilous times, bless the bill. Members can expect a busy day of misused and we have a chance to see President of the United States, the floor activity, with votes to occur at how they are being used. Vice President, Members of Congress, least on the cloture and on the supple- We have to draw this to a conclusion. and the Armed Forces with incredible mental appropriations, perhaps on We still have a conference to go courage and determination to face the amendments to either one of those, and through, and we have other issues that awesome challenges of a new millen- also the Senate may consider any exec- we desperately need to take up. So I nium. utive or legislative items cleared for would like again to ask for cooperation Living under the glorious banner of action. on both sides of the aisle so we can the Stars and Stripes, bestow divine SUPPLEMENTAL APPROPRIATIONS complete this legislation. blessings and great insights on each I thank the distinguished chairman Mr. STEVENS. If the leader will Senator to stand up, step up, and speak of the Appropriations Committee for yield, the Senator from Texas, Senator up fearlessly for what is right for his time and effort on this bill. HUTCHISON, will raise the issue of Bos- America, not only because it affects us, Are we to the point where we, hope- nia here this morning in a minute. but simply because it is meet and right fully, can maybe complete this bill by That will take some time this morning. to do so in truly serving God and Coun- noon today? Do you have a feel for We have, as I said, three other amend- try. Amen. that? ments, one dealing with the CDBG

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

S2505 S2506 CONGRESSIONAL RECORD — SENATE March 25, 1998 issue, one with the FEMA issue that I traveled through the Pacific with sev- The IMF money, to me, is money am told we may have questions about. eral other Members of the Senate. We that creates the image of the United So I would say in all probability we heard, from New Zealand to Australia States being aware of what is going on will not get around to really dealing and into Hawaii, comments about the and being willing to help, help in the with the IMF until right after lunch. Asian flu, what was taking place in sense of saying we will be there pro- Mr. LOTT. I thank the distinguished Asia. Just recently when I went home, vided you reform. Crony capitalism manager of the legislation and urge I was exposed to headlines which said, cannot be allowed to spread through- him to keep up his good efforts. At ‘‘Market Sales for Salmon Falling out the world. The way we can stop some point I hope he will do as he has Off.’’ I talked to people involved in the that now is to act, and act forcibly, on been known to do, get very aggressive coal industry, and they are worried IMF. and help bring this to a conclusion. about their markets in Asia. I talked I am one who is going to vote for I do want to say to the Senator from to the people handling the great flow of IMF. It may be that others want to Texas and others who may speak on freight through my State onto the delay it, others want to handle it in Bosnia that I think this is a very im- Asian rim, people who handle freight different ways. I want to make sure portant issue and, frankly, I hope it that is on these wide-bodied airplanes. that the first bill that goes to the will not be just kind of set aside or As my friend from Hawaii, Mr. INOUYE, President has IMF on it, and I hope the swallowed up by the supplemental ap- says, most people don’t realize that rest of the Senate will agree with me. propriations bill. The supplemental ap- four out of five wide-bodied airplanes We will have some discussions when we propriations bill is urgent. It is for 1 that take cargo out of this country go get to the House, but I want the House specific fiscal year. The Bosnia issue west, not east. to know I am going to be arguing for really is broader than 1 year’s emer- Everyone I have talked to is appre- IMF on the first bill that goes to the gency appropriations. I agree with the hensive of what is going on. We see our President. It should be something we Senator from Texas that we need to get markets declining. We see our cus- act quickly on, for the benefit of this a clearer understanding about what is tomers questioning whether they are country. going to buy in the future. The other our mission in Bosnia: Is there a mis- I am happy to yield the floor. The side of the coin is that I had noticed we sion creep occurring? How much is it Senator from Texas has an amendment have already seen signs in Alaska of going to cost? I do not think we can she wishes to call up, Mr. President. dumping of goods that are coming in just give the President a time period f with no end in sight, just an intermi- from the Far East, where their mar- kets are declining for consumer goods. nable presence. I saw one prediction RESERVATION OF LEADER TIME the other day we might have to have They are bringing them to our country. It might be a good thing temporarily, The PRESIDING OFFICER. The Sen- troops in Bosnia for 10 years. Not with but it is something that is very worri- ator will suspend. Under the previous my vote. order, the leadership time is reserved. So I do think we need to have a full some to those of us who live on the Pa- discussion about this. I try very hard cific rim. f Then I talk to my friends from the to be bipartisan—nonpartisan on for- great grain belt of the country, and SUPPLEMENTAL APPROPRIATIONS eign policy issues. But in Bosnia I have they tell me about the problem of the FOR NATURAL DISASTERS AND never felt comfortable with what our farmers who found a way to independ- OVERSEAS PEACEKEEPING EF- situation is there, and I still do not. ence by opening up the global markets FORTS FOR FISCAL YEAR 1998 So I understand what she is trying to to our farm products, and the primary do. I hope we can work together to find The PRESIDING OFFICER. The place where those farm products were a time when we can have a full debate chair lays before the Senate S. 1768, sold, the increased production of our on this issue this year. I yield the which the clerk will report. farms has been sold, in the Pacific rim. The assistant legislative clerk read floor. The Asian flu is the El Nino of eco- The PRESIDING OFFICER (Mr. AL- as follows: nomics. Unless we understand that, un- LARD). The Senator from Alaska. A bill (S. 1768) making emergency supple- less we understand the fear that is THE IMF AMENDMENT mental appropriations for recovery from nat- coming in our country, we are liable to ural disasters, and for overseas peacekeeping Mr. STEVENS. I do thank the leader make a great mistake. I do not want to for raising the issue and urging us to efforts, for the fiscal year ending September see games played with the IMF. The 30, 1998, and for other purposes. move forward. I urge Senators to come IMF is serious to us, those of us who al- The Senate resumed consideration of forward and discuss with me and Sen- ready have felt the touch of this wind ator BYRD and our staffs any amend- the bill. that is coming to us from the Pacific Pending: ments they may wish to raise. We will rim. Unless we respond, and respond insist on a time agreement on amend- McConnell modified amendment No. 2100, forcefully, and create the image of to provide supplemental appropriations for ments that are going to need a vote. being willing to assist these people to Let me state at the outset, however, the International Monetary Fund for the fis- come through this economic disaster, cal year ending September 30, 1998. the real difficulty with this bill now is we will pay a high price. We will pay a Faircloth amendment No. 2103, to establish the IMF amendment. I think the Sen- price in not only our markets but in an Education Stabilization Fund to make ate should realize what the situation our prestige in the world. loans to States for constructing and mod- is. We had a time agreement on the These people are expanding a private ernizing elementary and secondary schools. IMF amendment. That time has been enterprise economy in a place where 15 Stevens (for Nickles) amendment No. 2120, exhausted. At my request, it was set years ago there really was not a pri- to strike certain funding for the Health Care aside to consider other amendments. I vate enterprise economy. They have Financing Administration. have been notified by Members on both had banks that have failed. So did we, The PRESIDING OFFICER. The sides of the aisle that they will not 10 and 15 years ago. We should remem- Chair recognizes the Senator from allow this bill to come to final vote ber the savings and loan crisis and the Texas. without a vote on that IMF amend- other crises in banks we faced. Mrs. HUTCHISON. Mr. President, I ment, and that there is some indica- The IMF reforms that Senator call up amendment No. 2083. tion of a desire to have that amend- HAGEL, Senator ROBERTS, and others The PRESIDING OFFICER. Without ment wait for a time when the House have worked on—Senator GRAMM—are objection, the pending amendment is passes a separate bill dealing with IMF good reforms, and they will bring laid aside. Is there objection? and other subjects. transparency to the banks and the Mr. KENNEDY. Mr. President, re- I want to state to the Senate that I banking transactions. They will pro- serving the right to object, and I will am normally neutral on most of these tect consumers in the area affected by not object, I see Senator NICKLES on subjects but I am not neutral on this the Asian flu. But they will also pro- the floor. I believe his amendment subject. The Senator from Hawaii and I tect our people who want to sell to would be temporarily set aside. I just have traveled to the Pacific for many those markets and give them greater would like to know from the Senator years together, and only in February I stability. about what time we might expect to March 25, 1998 CONGRESSIONAL RECORD — SENATE S2507 have the debate on that? I am glad to (1)(A) On November 27, 1995, the President without prior authorization by the Congress; be here whatever time. I do not want to affirmed that United States participation in and interfere with the Senator from Texas, the multinational military Implementation (2) urges the President to work with our but we are here, ready to debate that Force in the Republic of Bosnia and European allies to begin an orderly transi- Herzegovina would terminate in one year. tion of all peacekeeping functions in the Re- now or whatever time the floor man- (B) The President declared the expiration public of Bosnia and Herzegovina from the ager would like. But I would like at date of the mandate for the Implementation United States to appropriate European coun- least to get some idea. We are setting Force to be December 20, 1996. tries in preparation for a withdrawal of the Nickles amendment aside. What is (2) The Secretary of Defense and the Chair- United States Armed Forces ground combat the intention? man of the Joint Chiefs of Staff likewise ex- troops by January 1, 1999. Mr. STEVENS. Mr. President, I pressed their confidence that the Implemen- (3) identifies the following conditions that might state—and the Senator from tation Force would complete its mission in should be satisfied as a minimum to create Oklahoma just raised the same ques- one year. the environment in which such an orderly (3) The Secretary of Defense and the Chair- tion over here—last evening we had a transition can take place: man of the Joint Chiefs of Staff further ex- (i) The original parties to the Dayton Ac- discussion about how to handle the pressed the critical importance of establish- cords should be reconvened so that progress Bosnia issue. I hope the Senator from ing a firm deadline, in the absence of which towards full implementation can be Texas will not mind my saying, we there is a potential for expansion of the mis- ascertained and modifications as necessary reached agreement with the Senator sion of U.S. forces; be made; from Texas that she would call up this (3) The exemplary performance of United (ii) The process of establishing defensible amendment and discuss it for a while States Armed Forces personnel has signifi- sectors in Bosnia and Herzegovina that was cantly contributed to the accomplishment of started in the Dayton Peace Accords should and then withdraw it. the military mission of the Implementation As a result of that, there will not be be accelerated; Force. The courage, dedication, and profes- (iii) Establishment of a Combined Joint other Bosnia amendments offered at sionalism of such personnel have permitted a Task Force (CJTF) in accordance with the this time. They are waiting for the separation of the belligerent parties to the President’s Partnership for Peace initiative. main bill. It is a matter of getting be- conflict in the Republic of Bosnia and The CJTF should be under American com- fore the Senate the concerns the Sen- Herzegovina and has resulted in a significant mand but to be turned over to allied com- ator from Texas wants to raise, and mitigation of the violence and suffering in mand within 90 days; then we will go to the Nickles amend- the Republic of Bosnia and Herzegovina. (iv) Establishment of a civilian led/oper- ment. It will be some 15, 20, 30 min- On October 3, 1996, the Chairman of the ated police training task force, including the Joint Chiefs of Staff announced the inten- establishment of a police training academy utes—I don’t know what the Senator tion of the United States Administration to capable of graduating 500 police every quar- wants to take. I urge the Senate to delay the removal of United States Armed ter. This force would have ultimate respon- allow us to manage the bill that way. Forces personnel from the Republic of Bos- sibility for maintaining peace and order, as The Nickles amendment will be the nia and Herzegovina until March 1997. envisioned by the Dayton Accords; first amendment after the Senator (5) Notwithstanding the fact that the (v) The United States should advise its al- from Texas has completed her com- President, the Secretary of Defense, and the lies in the NATO-led peacekeeping force in ments. Chairman of the Joint Chiefs of Staff assured Bosnia that no U.S. ground forces shall be Mr. President, before we yield on the Congress of their resolve to end the mis- deployed to the province of Kosovo should sion of United States Armed Forces in the this, if I may, is it possible to get a the conflict there escalate; Republic of Bosnia and Herzegovina by De- (vi) Cessation of U.S. military involvement time agreement on the Nickles amend- cember 20, 1996, in November 1996 the Presi- in local broadcast and print media oper- ment? dent announced his intention to further ex- ations. Mr. KENNEDY. I don’t think just at tend the deployment of United States Armed SEC. 3. SENSE OF THE CONGRESS REGARDING the present time, but we will be glad to Forces in the Republic of Bosnia and THE USE OF DEPARTMENT OF DE- see how we get started with the debate Herzegovina until June 1998. FENSE FUNDS OR OTHER FEDERAL on that. (6) Before the announcement of the new DEPARTMENT OR AGENCY FUNDS policy referred to in paragraph (5), the Presi- FOR CONTINUED DEPLOYMENT ON Mr. STEVENS. I urge the Senators to THE GROUND OF ARMED FORCES IN help us, because we also have three dent did not request authorization by the Congress of a policy that would result in the THE TERRITORY OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA. other amendments that are going to re- further deployment of United States Armed (a) PROHIBITION.—It is the Sense of the quire votes following the Nickles Forces in the Republic of Bosnia and Congress that none of the funds appropriated amendment. Herzegovina until June 1998. or otherwise available to the Department of AMENDMENT NO. 2083 (7) Notwithstanding the passage of two pre- Defense or to any other Federal department viously established deadlines, the reaffirma- (Purpose: To express the Sense of the Con- or agency may be obligated or expended for tion of those deadlines by senior national se- gress that the President and Congress the deployment on the ground of United curity officials, and the endorsement by should create the conditions for a with- States Armed Forces in the territory of the those same national security officials of the drawal by a date certain of U.S. ground Republic of Bosnia and Herzegovina after importance of having a deadline as a hedge combat forces from the NATO-led Sta- January 1, 1999. against an expanded mission, the President bilization Force in Bosnia) (b) EXCEPTIONS.—The prohibition con- announced on December 19, 1997 that estab- The PRESIDING OFFICER. The tained in subsection (a) shall not apply— lishing a deadline had been a mistake and clerk will report. (1) with respect to the deployment of that U.S. ground combat forces were com- The assistant legislative clerk read United States Armed Forces after January 1, mitted to the NATO-led mission in Bosnia 1999, but not later than May 1, 1999, for the as follows: for the indefinite future; express purpose of ensuring the safe and The Senator from Texas [Mrs. HUTCHISON] (8) NATO military forces have increased timely withdrawal of such Armed Forces proposes an amendment numbered 2083. their participation in law enforcement ac- from the Republic of Bosnia and tivities in Bosnia aimed at capturing alleged Mrs. HUTCHISON. Mr. President, I Herzegovina; or war criminals. ask unanimous consent that the read- (2)(A) if the President transmits to the (9) U.S. Commanders of NATO have stated ing of the amendment be dispensed Congress a report containing a request for an on several occasions that, in accordance with with. extension of deployment of United States the Dayton Peace Accords, the principal re- Armed Forces for an additional 180 days The PRESIDING OFFICER. Without sponsibility for apprehending war criminals after the date otherwise applicable under objection, it is so ordered. lies with the Bosnia parties themselves. The amendment is as follows: (10) The Secretary of Defense has affirmed subsection (a); and At the end of the bill, insert the following this understanding on several occasions, in- (B) if a joint resolution is enacted, in ac- title: cluding on March 3, 1997, when stated that cordance with section 4, specifically approv- TITLE —UNITED STATES ARMED ‘‘[t]he apprehension of war criminals is not a ing such request. FORCES IN BOSNIA WITHDRAWAL part of the mission . . . It is a police func- SEC. 5. SENSE OF THE CONGRESS REGARDING THE USE OF DEPARTMENT OF DE- SECTION 1. SHORT TITLE tion . . . it is not a military-type mission.’’ FENSE FUNDS OR OTHER FEDERAL ECLARATIONS OF OLICY This title may be cited as the ‘‘United (b) D P .—The Con- DEPARTMENT OR AGENCY FUNDS States Armed Forces in Bosnia Withdrawal gress— FOR LAW ENFORCEMENT OR RELAT- Act of 1998’’. (1) expresses its serious concerns and oppo- ED ACTIVITIES IN THE TERRITORY SEC. 2. FINDINGS AND DECLARATIONS OF POL- sition to the policy of the President that has OF THE REPUBLIC OF BOSNIA AND ICY. resulted in the open-ended deployment of HERZEGOVINA. (A) FINDINGS.—The Congress finds the fol- United States Armed Forces on the ground It is the Sense of Congress that U.S. policy lowing: in the Republic of Bosnia and Herzegovina in Bosnia, as that relates to the use of our S2508 CONGRESSIONAL RECORD — SENATE March 25, 1998 forces as a part of the NATO force, should asleep, that we know our constitu- that there are only 8,500 troops in Bos- not be changed to include a NATO military tional responsibilities and that we now nia. That is not much of a commit- mission to hunt down and arrest alleged war have a commitment that this is going ment, but I can assure you, Mr. Presi- criminals and that there should be no change to be discussed and a policy will be set, dent, it is far greater than that. If you to U.S. or NATO policy regarding alleged just add the troops who are directly af- war criminals until the Congress has had the and we will have an up-or-down vote in opportunity to review any proposed change the defense appropriations bill later fected by the Bosnia operation in the in policy and authorize the expenditure of this year before the June 30 deadline rim countries, in Croatia, that adds up funds for this mission. that we now face and that we have now to 12,000. Then you go over to Europe It is the Sense of the Congress that none of seen the President walk away from. and you see the logistical support of the funds appropriated or otherwise avail- So, Mr. President, we are going to ex- that operation. We find that in the 21st able to the Department of Defense or to any ercise our responsibilities. We can do TACOM, for example. That is the oper- other Federal department or agency may be no less, and that is why we are discuss- ation that is responsible for logistical obligated or expended after the date of the support of any ground operation, for enactment of this Act for the following: ing this today. (1) Conduct of, or direct support for, law I am very pleased to now ask Senator example, if we should have to send enforcement activities in the Republic of INHOFE of Oklahoma to take up to 5 ground troops into Iraq. Bosnia and Herzegovina, except for the train- minutes for his views on this issue. I I don’t think anyone is naive enough ing of law enforcement personnel or to pre- intend to talk about what the amend- to think we could surgically bomb Iraq vent imminent loss of life. ment does as soon as those who have if it became necessary and not have to (2) Conduct of, or support for, any activity time commitments have been able to make a commitment of ground troops. in the Republic of Bosnia and Herzegovina speak. I yield to Senator INHOFE. But if that happened, we don’t have that may have the effect of jeopardizing the any way to support logistically those primary mission of the NATO-led force in The PRESIDING OFFICER. The Sen- preventing armed conflict between the Fed- ator from Oklahoma. ground troops that would be sent to eration of Bosnia and Herzegovina and the Mr. INHOFE. Mr. President, I thank Iraq. The 21st TACOM, which has to Republika Srpska (‘Bosnia Entities’). the Senator from Texas for yielding a support logistically ground troops any- (3) Transfer of refugees within the Republic little time here. where in that theater, which includes of Bosnia and Herzegovina that, in the opin- I can remember in November of 1995 Iraq, is now totally consumed by their ion of the commander of NATO Forces in- when the Senator from Texas was the participation and their support in Bos- volved in such transfer— nia. Right now they are operating at a (A) has as one of its purposes the acquisi- primary author of the resolution of dis- tion of control by a Bosnian Entity of terri- approval of sending troops into Bosnia. very high op tempo and pers-tempo tory allocated to the other Bosnian Entity I was on the resolution with her. We rate so individuals are being consumed under the Dayton Peace Agreement; or only lost by three votes. In other by the operation in Bosnia. (B) may expose United States Armed words, if three Senators had voted the We are at 115 percent capacity just Forces to substantial risk to their personal other way, we very likely would not supporting Bosnia. What does that safety. mean? That means in the event we had (4) Implementation of any decision to have had to send troops into Bosnia to begin with. to send ground troops someplace else in change the legal status of any territory the world, we would not have the logis- within the Republic of Bosnia and In anticipation of this, I went to Bos- Herzegovina unless expressly agreed to by all nia, up to the northeast sector, only to tic support for them. signatories to the Dayton Peace Agreement. find there was never any belief that we When you ask the question, ‘‘What would you do if that happened,’’ the Mrs. HUTCHISON. Mr. President, I could get into this thing and be out in commanding officer at the 21st TACOM anticipate for those who are trying to 12 months. The reason the President said we would be totally dependent set a time that we will be ready at was able to get the three votes nec- upon the Guard and Reserves. I suggest about maybe 10:30. I would say this will essary to defeat the resolution of dis- approval was the guarantee that our to you, Mr. President—you know and take 30 to 40 minutes. the rest of us know who are close to Let me just briefly state what the troops that were going to be sent over this subject—we don’t have the nec- amendment does, and then I am going there in November of 1995 would be essary MOSs and capacity in Guard and to yield to Senator INHOFE and then home for Christmas in 1996. That was Reserves to make that support. You go Senator ROBERTS and then Senator not an expectation; that was a guaran- 10 miles up the road to the 86th Airlift CRAIG for their remarks. tee. I can remember so well talking to in Ramstein. In Ramstein, they are Mr. President, this is an amendment General Haukland up in the northeast right now at 100-percent capacity just that would express the sense of the sector when he laughed and said, ‘‘You supporting the airlift to Bosnia. Senate and the Congress to the Presi- mean 12 years.’’ As the years and So the cost is far greater, even far dent that we should create the condi- months are going by now, it looks like greater than $8 billion that so far we tions for withdrawal of U.S. ground there is more and more truth to that. have admitted we have spent in Bosnia. troops from the NATO-led stabilization Let me just mention my concern is a We are making a commitment that force in Bosnia. That is what the little different than the concerns that makes it virtually impossible for us to amendment does. are expressed by most people. Mine is support any other operations should it We all know that the President on one as to how this involvement in Bos- become necessary. December 19 of last year declared that nia is adversely affecting our ability to So I think there has to be an end to Bosnia would be an open-ended com- defend America. this thing. It is easy to get into these mitment for the United States. Con- I am chairman of a committee called things; it is very difficult to get out. gress was not in session. Congress was the Readiness Subcommittee of the We got in; we got in with a guarantee not consulted. There was no authoriza- Senate Armed Services Committee it would be a 12-month operation; we tion, and the President has made this that is in charge of training and mak- got in with the expectations it would an open-ended mission. I am very con- ing sure that we are ready. Until some cost $1.2 billion. We knew better at the cerned about the mission creep, and I of the recent scandals have taken the time. We knew they were not telling am very concerned that the President headlines off the front page, we have fi- the truth about what kind of a com- has bypassed the Congress, and the nally broken through the national mitment we were making and, con- Congress has constitutional respon- media so that people realize, and the sequently, we have to have some way sibilities that cannot be bypassed by national media realizes, that we are of getting out. the President. That is why I am calling facing huge threats today all over the So this is a major national security up this amendment today. world with over 25 nations with weap- issue, Mr. President, that we get out of I very much appreciate the remarks ons of mass destruction with delivery Bosnia so that we can have the capac- of the majority leader, Senator LOTT, systems that can reach the United ity to take care of the needs of the and the chairman, Senator STEVENS, States from anyplace in the world. American people in terms of defending saying that this is going to be brought With all this, we are concentrating our country. up, we are going to discuss it, we are our efforts and spending our defense With that, I defer to the Senator going to tell the President that the dollars on Bosnia. This is the thing from Kansas for any comments he Congress of the United States is not that concerns me. We keep hearing might want to make. March 25, 1998 CONGRESSIONAL RECORD — SENATE S2509 The PRESIDING OFFICER. The Sen- would have to place our men and women in We will do it in the 1999 defense au- ator from Kansas is recognized. possible harm’s way, but we were assured— thorization and appropriations bills. I Mr. ROBERTS. Mr. President, I we didn’t just ask the question once or credit the Senator from Texas for fo- thank the Senator from Oklahoma, and twice, and the response didn’t come forth cusing on this, and I thank the Senator just once or twice, but the response was al- I especially want to thank the Senator ways in the context of a year’s time. from West Virginia and remind all of from Texas for raising this issue. my colleagues that it ought to be re- Then Senator BYRD went on to com- Mr. President, I say to my col- quired reading in regards to his re- ment that he had strong suspicions leagues, before coming to the floor, I marks on the floor of the Senate last that it really wouldn’t work out that looked up the definition of ‘‘wise’’ in Monday, again, page S2382. Please, my way. And he referred to the report that Webster’s Third International Diction- colleagues, pay attention to the Sen- was made, and the report said: ary—that is the recognized authority ator from West Virginia. He is right on ‘‘We do not propose a fixed end-date for the with regard to the English language— deployment.’’ That says it all. So we are in in regards to this terribly important and it read: a different situation now. The exit strat- and difficult issue. Characterized by wisdom; knowledgeable; egy—in other words, the required conditions Mr. President, I thank the Senator exercising sound judgment. for our forces to come out and come home— for yielding. It even went on to say if you were a reads like a nation-building strategy. Mrs. HUTCHISON addressed the wise person that you were ‘‘alert,’’ and That is the concern of this Senator Chair. further described a wise person as and the Senator from Texas and the The PRESIDING OFFICER. The Sen- being a person ‘‘in a condition where distinguished Senator from West Vir- ator from Texas. an individual becomes aware of the ginia. Mrs. HUTCHISON. Mr. President, I slow, steady creep of the tide, lest they What is required for us to leave Bosnia? yield up to 5 minutes to Senator CRAIG. will be in it up to their hubcaps before First, judicial reform— The PRESIDING OFFICER. Who they realize it.’’ The Senator from West Virginia seeks recognition? Mr. President, I think there is an- said— Mr. CRAIG addressed the Chair. The PRESIDING OFFICER. The Sen- other definition of ‘‘wise’’ in this body, Just a minor thing, judicial reform. Then, ator from Idaho is recognized. and perhaps the synonym would be the development of an independent media Mr. CRAIG. Mr. President, I will be distinguished Senator from West Vir- throughout the territory. brief. Others are gathered here to ginia, Senator BYRD, who made a He said that was a pretty big order, speak on the Hutchison amendment. speech on Monday that I commend to and it certainly is. But let me first of all recognize the the attention of my colleagues. It is in Then there is more. Democratic elections. Senator from Texas for highlighting Monday’s RECORD. It is on page S2382. What do we mean by democratic elections? and bringing to the surface an issue If my colleagues and staff are paying Democratic elections followed by free mar- ket economic reforms . . . privatization of that is growing in the minds of many attention to the floor, write that down, the economy, and so on and on. of us and we hope will alert the minds S2382. It is the distinguished Senator And the Senator said: of many Americans. from West Virginia, Senator BYRD, who We were engaged here for a week on says: We all get the point. This is a formula re- quiring the completion of a new, integrated the debate on the expansion of NATO. With respect to Bosnia, the President has democratic state. That is what nation-build- This Senate more than likely will vote provided a certification and report, required ing is. I didn’t buy on to that. The U.S. Sen- to expand NATO in the course of this by Fiscal Year 1998 Defense Authorization ate has not bought onto that. And if the du- and Appropriations Acts, that the continued session. But as we do, we ought to re- ration of our stay is going to be based on na- member the consequence or the poten- presence of U.S. armed forces—— tion-building, as the President is obviously Mr. STEVENS. Will the Senator saying in the report, we are [going to be] tial impact of that kind of a vote. And yield for just one moment? there for a good, long [period of] time. I think it is reflected in this drifting Mr. ROBERTS. I will be delighted to I was in Sarajevo. I talked with our policy that we have currently in Bos- yield to the distinguished chairman. officials there. That was last year, I nia. Peacekeeping operations so des- Mr. STEVENS. Mr. President, I ask say to the Senator from Texas. The ignated by our President are important unanimous consent that the Chair no- conditions at that time were troop pro- and should be well defined. But I will tify each speaker on the Bosnia issue tection, refugee relocation, economic tell you, the Senator from Texas is when 5 minutes have expired. We are restoration, and a rather hard-to-un- right. Our President operates in an un- not under a time agreement, but I derstand policy in regard to war crimi- authorized situation in Bosnia today. think we have an understanding that nals. The Senator from Oklahoma has speakers will limit their remarks to 5 That has changed, and the Senator brought up the mounting costs. We are minutes. from Texas is precisely correct; we able to measure some $8 billion in The PRESIDING OFFICER. Is there have not even had that under consider- costs. We know they are much larger objection? Without objection, it is so ation or with any kind of talk, other than that. ordered. than that of the Senators here on the The mission appears at date to be The Senator from Kansas is now rec- floor and the distinguished Senator endless as it relates to some culmina- ognized. from West Virginia in regard to what tion. Do we have to lose American men Mr. ROBERTS. I would like to ask of the end policy is in regard to Bosnia. I indicated the definition of some- and women in Bosnia before our citi- the Chair if that means I have an addi- body being wise, other than being Sen- zens wake up or, more importantly, the tional 5 minutes or about a minute has ator BYRD of West Virginia, was that Congress begins to move with its con- been taken off? I would assume that I they be alert—and I repeat that—fur- stitutional authority to deal directly have an additional 5 minutes. ther described by Webster’s as ‘‘a con- with this issue? I hope not. The PRESIDING OFFICER. Without dition where an individual knows and The mission in Bosnia is now just objection, it is so ordered. The Senator is aware of the slow, steady creep of what we were promised it would not be. from Kansas. the tide, lest they will be in it up to We were promised it would not be an Mr. ROBERTS. I thank the Chair, their hubcaps before they realize it.’’ unauthorized, open-ended, nation- and I thank the chairman of the Appro- Mr. President, we are not only in it to building deployment with no with- priations Committee. our hubcaps; we are in it to the axle drawal criteria. It is now all of those I will continue with Senator BYRD’s with no reverse gear. things by definition. remarks: It was Herbert Hoover who said in In 1995, President Clinton vowed that Last year, the administration told us that 1958, ‘‘Wisdom consists not so much in the U.S. troops deployed to Bosnia we would be out of Bosnia in about a year. knowing what to do in the ultimate as ‘‘should and will take about one year.’’ All of the witnesses who came up before the Armed Services Committee and the Ap- in knowing what to do next.’’ I do not Three years and nearly $8 billion later, propriations Committee assured the commit- know what we are going to do next, but the administration now admits, ‘‘We do tees that that was the expected timeframe it is the responsibility of this Senate to not propose a fixed end date for the de- which would be needed during which we consider that. ployment.’’ S2510 CONGRESSIONAL RECORD — SENATE March 25, 1998 This unauthorized, open-ended de- creased the readiness of our troops by marked, elections would be organized ployment is affecting the readiness of taking scarce dollars from an under- and held, and police forces would be es- our troops, their morale. Some anec- funded defense budget and used them tablished. dotal evidence is clearly available if to defend causes that have little to do As that deadline approached, the you scratch the surface. with our national security interest. President extended the mission further Increasingly, Army and Air Force I hope my colleagues will support by announcing a new deadline of June units put off combat training because Senator HUTCHISON’s amendment which 1998, once again assuring the American they are too busy with low-intensity will allow for an honorable exit of U.S. people and Congress that the mission missions, and they need the money troops from the region, and turn over would be achievable. elsewhere. We see that great shift of the operation to our European allies. The mission creep, which concerned dollars underneath the surface that That is why it is time to debate this General Shalikashvili when he said this administration has been unwilling issue. I am proud that the Senator that, without a fixed end date, mission to admit. And, finally, just in the last from Texas brings it to us, highlights creep would occur, has come to pass month, the chairman of the Appropria- it, gets it on the national agenda, not with our military now adding missions tions Committee said we will do no just the agenda of Congress and this such as capturing indicted war crimi- more of that. Following this supple- Senate, but brings it forth for a na- nals, seizing and controlling broadcast mental, the administration must now tional agenda. I thank my colleague for facilities. bring to the Hill as an authorization doing so. U.S. commanders of NATO have stat- the appropriate expenditures for the Mr. President, I stand in support of ed on several occasions, in accordance mission in Bosnia. this amendment. with the Dayton peace accords, the Another anecdotal piece of evidence: Mrs. HUTCHISON addressed the principal responsibility for apprehend- A particular Marine expeditionary unit Chair. ing war criminals would be the parties deploys more than 220 days in a 365-day The PRESIDING OFFICER (Mr. ROB- themselves. Mr. President, Secretaries of Defense period as if we were at war. That is how ERTS). The Senator from Texas is rec- and Chairmen of the Joint Chiefs have we are using our men and women in ognized. said throughout this 3-year period that uniform today. Mrs. HUTCHISON. Thank you, Mr. setting a deadline is a good thing. But Air Force pilots are fleeing to the President. on December 19, 1997, President Clinton commercial sector despite cash incen- Mr. President, I appreciate the re- finally said he had misjudged the mis- tives from the Air Force of up to $22,000 marks of a member of our leadership sion and he was committing the U.S. to reenlist. We all know the kind of in- team on our side, the Senator from military to an open-ended mission vestment we have in these pilots—mil- Idaho. I think he is right on. I think which would only end when certain lions of dollars of training and, of the Senator from Kansas was right on. unnamed, concrete benchmarks had course, operational time. The Senator from Oklahoma was right on. I want to talk about what my been accomplished. There are serious problems that the Since then, we have seen the bench- amendment does. It expresses the sense President is turning a blind eye on so marks, but they are not very concrete. of Congress that the President and he can continue to deploy troops to hu- I introduced a resolution of disapproval Congress should create the conditions manitarian missions. If we are going to for this mission to Bosnia in November for withdrawal of U.S. ground combat declare humanitarian missions in our 1995. It was narrowly defeated, by three forces from the NATO-led stabilization national interest, then let us declare votes. Many of my colleagues specifi- force in Bosnia. What we are trying to them. Let us come to Congress and get cally said they voted against that reso- do is lay the groundwork for an honor- the constitutional authorization nec- lution only after receiving solid assur- able exit. essary for those kinds of actions. Let ances from the administration regard- You know, every time we come up to us appropriate the money accordingly ing the length and cost of the deploy- a deadline that the President himself instead of slip money and the nec- ment. The mission is now in its third has set, he says we cannot just leave, it essary resources away from certain year, and the President is saying there would be irresponsible to leave, it missions to other missions of the kind is no end in sight. that we have talked about. would throw everything into chaos. Mr. President, unless Congress exer- Meanwhile, there are fewer dollars That is absolutely true. It would be ir- cises our constitutional responsibility, for defense and increasing orders to de- responsible to leave right now. But we are going to see an unending mis- ploy. why is that? Why would it be irrespon- sion where there are no clear goals and Since 1989, manpower has been cut by sible to leave right now? It would be ir- there is no exit strategy. nearly one-third, the number of mis- responsible to leave right now because I am second to none in appreciating sions has quadrupled, and defense we have not laid the groundwork for an the great work that our military has spending has been dramatically re- honorable exit and the President has done in Bosnia. I have been there five duced. gone on without the authorization of times. I have met with the troops. This year’s defense budget marks the Congress to say this is going to be an Their courage, their dedication, their fourteenth consecutive year of decline unending mission. professionalism have permitted a sepa- for defense spending. On November 27, 1995, the President ration of the belligerent parties. President Clinton’s $270 billion 1999 said, ‘‘First, the mission will be pre- There has been a significant reduc- defense budget represents a real de- cisely defined with clear, realistic tion in the violence and suffering in cline of 1.1 percent from current spend- goals that can be achieved in a definite the Republic of Bosnia and ing levels, and marks a 39-percent drop period of time. Our Joint Chiefs of Herzegovina. They have accomplished from the spending levels of the mid- Staff have concluded that the mission every mission they have been given, 1980’s. should and will take about a year.’’ and they have done it in exemplary While defense spending declines, the The Secretary of Defense and the fashion. But, Mr. President, the admin- U.S. military has been asked to do Chairman of the Joint Chiefs strongly istration keeps moving the goalposts. more. Since 1990, U.S. Armed Forces concurred with the President’s assess- Now we have had forces in Bosnia for 3 have been used in 36 major foreign mis- ment in their testimony before Con- years, we have spent $8 billion of our sions, compared to 22 between 1980 and gress that it would not get involved in taxpayers’ money, and now we see the 1989. such tasks as forcing the resettling of President expanding the mission with- The commitment of United States refugees or capturing war criminals out coming to Congress first. troops to Bosnia is a commitment of and that we should have an end date. My resolution today says that Con- United States blood. The decision to The Vice President of the United gress is expressing its concern and op- place United States troops in harm’s States also provided additional assur- position to the policy of the President way is a commitment that I do not ances, arguing that the deployment that has resulted in this open-ended de- take lightly. The President not only would not lead to mission creep and ployment without the prior authoriza- broke his promise to have our troops that within a year hostile forces would tion of Congress and urges the Presi- home by December 1996, he has also de- be separated, the borders would be dent to work with our European allies March 25, 1998 CONGRESSIONAL RECORD — SENATE S2511 to set an orderly transition so that are bearing this entire burden, or such In my view, however, the mission in American troops can leave by January a huge percentage of this burden, when Bosnia, is not. It is a substantial, long- 1, 1999. it seems that the European countries term commitment. It is something the Mr. President, I think my 5 minutes could do so much more to provide for United States has, for better or worse, are up. I want to ask that others be al- the needs of this area?’’ decided to do for the long-term. If lowed to speak. I hope Senator BYRD is I will say a word or two about an events there take an unexpected turn going to be able to speak, and certainly amendment I intend to offer later. The for the worse, it may become an emer- Senator FEINGOLD. I do have some clos- amendment is a little unusual and re- gency. But as we stand here and debate ing remarks, but I would like to yield quires a little explanation. What my this spending bill, it is not an emer- at this time. amendment would do is strike the gency. Mr. FEINGOLD addressed the Chair. ‘‘emergency’’ designation from each of Webster’s New Collegiate Dictionary The PRESIDING OFFICER. The Sen- the line items in this supplemental ap- defines the word ‘‘emergency’’ as fol- ator from Wisconsin is recognized. propriations bill that provide funds to lows: ‘‘an unforeseen combination of Mr. FEINGOLD. Mr. President, I very support U.S. peacekeeping operations circumstances or the resulting state much would like the opportunity to in Bosnia, but it would leave such des- that calls for immediate action.’’ speak on the subject of Bosnia. Does ignation intact for funds to support our This definition clearly does not apply the Senator from Texas control the additional military needs in the south- to the Bosnia mission. The Bosnia mis- time? west Asia area, which, as we know, re- sion is an emergency only in the The PRESIDING OFFICER. There is fers to the U.S. military buildup in the strange language of appropriations no time control. The Senator is advised Persian Gulf. bills. The Bosnia ‘‘emergency’’ is a leg- I will offer this amendment for two he is recognized on his own time. islative fiction. Mr. FEINGOLD. Thank you, Mr. reasons. First and foremost, I have al- The line items in this bill—military President. ways had serious questions about our personnel, operations and mainte- Let me first take this opportunity involvement in the Bosnia mission. I nance, and contingency funds—are was the only Democrat to vote against to—— standard military costs that would be the deployment of U.S. troops back in Mrs. HUTCHISON. Let me make a part of any military mission. U.S. 1995, in large part because I did not be- parliamentary inquiry. troops have been on the ground in Bos- lieve that the United States would be Don’t we have unanimous consent nia for more than two years. The able to complete its mission there that there would be a 5-minute notifi- change in designation from IFOR [eye- within the time and within the finan- cation to every speaker? fore] to SFOR [ess-fore] was made more cial constraints that have been identi- The PRESIDING OFFICER. There than a year ago and is scheduled to fied. I am sorry to say that I have been will be notification as to the 5-minute continue through June of this year. proven right. I take absolutely no time period expiring, but there is no Then, last December, the President an- pleasure in this. It has been very ex- time agreement regarding control of nounced that he would forego imposing the time. pensive and very dangerous. U.S. forces have now been in Bosnia a deadline altogether, and opt instead Mrs. HUTCHISON. I would just like for more than 2 years—much longer for a policy of benchmarks whose defi- to point out I had told Senator STE- than the original 1-year mandate—and nitions remain open to interpretation. VENS that I thought we would be fin- I don’t think anyone has a good idea How can Congress and the President ished by 10:30. If the Senator from Wis- about how much longer we will be possibly profess to the American people consin would look at the time—and there. More significantly perhaps, the that the additional costs for the Bosnia also Senator BYRD is on the floor, and cost of our involvement hasn’t been $2 mission constitute an emergency? On I would like him to have a chance to billion, it has actually been quadrupled the contrary, it has been clear for quite speak, if he seeks recognition. So with from that figure; it has been $8 billion. a while now that the cost of this mis- that in mind, I just wanted to set the And now Congress is being asked to sion would again rise substantially. parameters of our informal agreement. fork over another half a billion, with Some would say it has been clear from Mr. FEINGOLD addressed the Chair. no end in sight. the start. The PRESIDING OFFICER. The Sen- There is a second reason for this Ironically, Congressional appropri- ator from Wisconsin. amendment, and that is that the legis- ators and our military leaders have Mr. FEINGOLD. Mr. President, at the lation before the Senate today, S. 1768, planned for many months on obtaining appropriate time I will send an amend- is an emergency appropriations bill. these funds in this emergency spending ment to the desk with regard to Bos- The President has submitted a supple- bill. nia, but let me take this opportunity mental appropriations request, and we So that invites my next question: to thank the Senator from Texas once are debating this bill today precisely What are these funds doing in this bill? again for her leadership on this issue. I because we have been faced with some I just do not think that you can equate have enjoyed working with her on the unforeseen emergencies. There have the long anticipated needs of the oper- issue. I think the only thing that is re- been floods in California, tornadoes in ation in Bosnia with the urgent, unex- grettable is, we still have to be work- Florida, a typhoon in Guam, and ice pected needs of the farmers in Califor- ing on it so many years later, after we storms in many areas of the Northeast. nia or homeowners in Florida who have identified the problem in the misrepre- The showdown with Saddam Hussein been devastated by natural disaster. sentations that have been dem- took on new and frightening intensity Despite my long-standing opposition onstrated in this Bosnia mission. in the past 6 months, and the United to the mission in Bosnia, I believe the I am hearing more and more concern States came very close to carrying out Congress should take up and debate the back in my State of Wisconsin about airstrikes on a scale that was at least additional appropriations needed to ad- the unlimited nature of this engage- somewhat reminiscent of Desert vance the administration’s goals in ment. It troubles me a good deal that Storm. We have all faced the unfore- that war-torn region, but not on an my constituents feel they were told seen consequences of the so-called ‘‘emergency’’ bill. In the proper con- that this was going to be a 1-year mis- ubiquitous El Nino effect which has text of an ordinary appropriation, sub- sion, that it was only going to cost $2 had bizarre and sometimes tragic influ- ject to ordinary budget rules, I will billion, and if this didn’t work out we ences on our weather patterns nation- state my own reservations about this would be out of there. Nothing could be wide. mission and will listen carefully to my further from the truth. The Congress has never developed colleagues who have supported this Mr. President, I hope that either on firm rules on how we should define an mission. Then we can decide whether this bill or in the bills that come later ‘‘emergency.’’ Everybody assumes that to spend this money and where to get this year we have an opportunity to get we will use common sense when decid- it without increasing the deficit. some clarity and some time line and ing when to grant special emergency This supplemental appropriation, some absolute definition to this oper- treatment to certain expenditures. And which represents so many dire and ur- ation, because the American people are common sense tells us that floods and gent needs, is not the appropriate legis- just saying, ‘‘Why? Why is it that we tornados clearly are emergencies. lative vehicle for Bosnia spending. S2512 CONGRESSIONAL RECORD — SENATE March 25, 1998 Now, I considered offering an amend- comes to discuss and to consider appro- That term is not enough. It is time to ment that would have stricken all of priations for the fiscal year 1999, I shall use the power of the purse. And many the funds designated for the Bosnia be active, the Lord willing, in dealing of us in this Chamber have fought for mission based on this same rationale. I with this matter that is the subject of that power of the purse. We have re- am not doing that today, because I rec- this amendment; namely, Bosnia and sisted the efforts to give the President, ognize there is little support in the our participation in the circumstances whether he be a Democrat or a Repub- Senate for such an abrupt funding cut- and conditions that presently prevail lican, a share in the control of the off. My amendment is neutral as to the in that area. purse. That matter is coming home to merits of the mission in Bosnia. It sim- The constitutional framework ar- roost. We will see here, as we have seen ply requires us to fund it in a respon- ranged by the framers speaks with it previously, that Congress’ power sible manner. crystal clarity regarding the war pow- over the purse is the one voice, the one This bill should be limited to the ers. The authority to initiate war rests voice that every administration, Re- true emergencies represented by the solely with Congress, except for one publican or Democratic, will hear and bulk of the remaining $2 billion and narrow area, the defensive authority to will heed. I hope that we in this body should not include the non-emergency repel sudden attacks which is granted will remember that the time was not that is the Bosnia mission. But as im- to the Commander in Chief. Let us lis- too long ago when Congress gave to the portant as that technical change may ten, though, for a moment to the words President of the United States the line- be, this amendment has some real sub- of President Abraham Lincoln, in a let- item veto. When we did that, we stuck stantive teeth. By changing the des- ter, to William H. Herndon, on the sub- a dagger in the back of the Senate. I ignation in this way, Congress will be ject of the exercise of the unfettered hope that the Supreme Court will mandating that funds used to support use of the war power by a President. strike that nefarious law dead, dead, the Bosnia operation fall under the Mr. Lincoln wrote: dead. same budgetary scrutiny and discipline Allow the President to invade a neighbor- But that is just one example of our that other spending does. If this ing nation whenever he shall deem it nec- being the culprits in giving to the Chief amendment is adopted, and the Senate essary to repel an invasion and you allow Executive a power that the Constitu- decides the Bosnia appropriations do him to do so whenever he may choose to say tion does not give him. But in this case not merit the special treatment an he deems it necessary for such purpose and let us speak up. Again, I congratulate you allow him to make war at pleasure. emergency designation confers, the Study to see if you can fix any limit to his the lady from Texas. I will be with her, Bosnia-related appropriations would be power in this respect after you have given we will talk, we will work together, subject to the same budget discipline him so much as you propose. If today he and I have a feeling that the adminis- we impose on all other non-emer- should choose to say he thinks it necessary tration will come back to the Appro- gencies. Congress would have to cut to invade Canada to prevent the British from priations Committee and the Armed enough spending to offset the cost of invading us, how could you stop him? You Services Committee, and I believe that this new Bosnia money. If that did not may say to him, ‘‘I see no probability of the the administration will be shorn of its happen, OMB would trigger an across- British invading us,’’ but he will say to you trappings, which were so impressive, ‘‘Be silent. I see it, if you don’t.’’ the-board sequester—in effect doing they thought, a year ago as they as- the work for us. Lincoln continues: sured us on the Armed Services Com- The mission in Bosnia does not rep- The provision of the Constitution giving mittee that our troops would be in Bos- resent an emergency that legitimately the war-making power to Congress was dic- nia only, perhaps, about a year. I think calls for us to depart from these, estab- tated, as I understand it, by the following they were dissimulating at the time. I reasons. Kings had always been involving lished, vital budget rules so casually. and impoverishing their peoples in war, pre- think they knew better than that. I We must separate the Bosnia money tending generally if not always that the good think we had a strong suspicion that from the true emergencies funded in of the people was the object. This our con- that would not be the case. They were the rest of this bill. vention understood to be the most oppressive being a little disingenuous at the I urge my colleagues to think care- of all kingly oppressions, and they resolved time—not the first time Congress has fully about my amendment, because to so frame the Constitution that no one been treated in that fashion; there this speaks to our commitment to man should hold the power of bringing this have been other times. truly balance the budget. Any Senator oppression upon us. It is time that Congress spoke up and can support this amendment, and then So, Mr. President, Lincoln spoke to took a stand for this Constitution of consider funding for Bosnia operations the subject in his day. ours. in a more fiscally responsible way, This is a very difficult area. It is an I thank the Senator from Texas for without stepping away from any exist- area of mixed powers, and the problem her courtesy. ing commitment to the troops and the is, Presidents in recent years have been Mrs. HUTCHISON. Mr. President, I so mission in Bosnia. prone to put men and women of the appreciate the great leadership of the I thank the chair, and I yield the U.S. Armed Forces in areas of danger Senator from West Virginia. He under- floor. and then call upon the Congress for ap- stands better than any Member of this The PRESIDING OFFICER. The dis- propriations to sustain that American body the role of Congress in sending tinguished Senator from West Virginia manpower, and Congress is reluctant, our troops into foreign conflicts or into is recognized. of course, once the men are in the area, harm’s way anywhere overseas. He un- Mr. BYRD. Mr. President, I thank reluctant to be charged with pulling derstands and he has spoken eloquently both the distinguished Senator from the rug out from beneath them. about not only our role but our respon- Texas, Mrs. HUTCHISON, and the distin- But there has to be an accounting. sibility. guished Senator from Wisconsin, Mr. Congress has to be a part of this equa- He well knows that the Founders who FEINGOLD, for the courtesies they have tion. Congress has the responsibility wrote the Constitution of the United extended to me. and duty to make itself heard in this States had a model. They had a model Mr. President, the distinguished Sen- matter. The time will come when we of a king. The king was able to declare ator who is now presiding over the Sen- will have that opportunity. I hope that war and implement it. The king held ate, Senator PAT ROBERTS, quoted me Congress will rise to the situation. the purse strings and the power. Our earlier in respect to the Bosnian mat- I will have considerably more to say Founders very clearly said, ‘‘We are ter. I wish to quote a great American on this subject at that time, as will not going to do that.’’ And in the Con- President—a great American Presi- others, I am sure. But we cannot just stitution they provided that there dent. And that President’s comments sit back and leave it up to the adminis- would be a dual power. The President were pertinent at the time and are per- tration to use the term ‘‘Commander in can commit troops; only Congress can tinent today. Chief,’’ which is a British term from declare war. Perhaps I should first thank Senator the beginning and which was used to That is what our Constitution says, HUTCHISON for offering the amendment. designate various army officers in var- and if one side falls down on their re- I can assure her and assure the Senator ious locations during the time of sponsibility, then we have an unlimited from Wisconsin that when the time Charles I, Charles II, and so on. power in the President. That is not the March 25, 1998 CONGRESSIONAL RECORD — SENATE S2513 American way; furthermore, it is a Mr. President, I withdraw my amend- ator from Texas and the one that has dangerous precedent. Congress must ment. been referred to by the Senator from stand for its responsibility to make I suggest the absence of a quorum. Wisconsin about our Bosnia policy. sure that if our troops are going into The PRESIDING OFFICER. The A discussion was offered by the Sen- harm’s way, if our taxpayers are going clerk will call the roll. ator from West Virginia about the to spend $3 billion a year on a mission The bill clerk proceeded to call the power of the purse, and that is a power overseas, Congress must authorize it, roll. that we, of course, continue to have. and we do it with the power of the Mr. LIEBERMAN. Mr. President, I We have, by explicit and implicit ex- purse, which is the appropriations ask unanimous consent that the order pressions, consented to and supported process. That is why we are standing for the quorum call be rescinded. the policy that we are following in Bos- here today, to serve notice to the Mrs. HUTCHISON. Mr. President, I nia. It is a successful policy. We will President that we are not going to reserve the right to object on behalf of return to these discussions, as these stand here for an unlimited commit- the chairman—— two amendments suggest, before this ment in Bosnia until we have a ration- The PRESIDING OFFICER. The Sen- year is ended. ale for it, until the President comes to ator may not reserve the right to ob- When it comes to discussing the Congress and says, ‘‘Here is why we are ject. power of the purse and the relations be- doing this, here is the United States se- Mrs. HUTCHISON. I object on behalf tween the President and Congress on curity interest, here is our responsibil- of the chairman. this matter of Bosnia policy, I simply ity as a superpower to our allies in The PRESIDING OFFICER. The wanted to say that I will be recorded as NATO, and here is our exit strategy.’’ clerk will continue to call the roll. being in favor of the current course of That is what the President must come The bill clerk continued the call of our policy. It has worked. To set a date to Congress to give—a responsible exit the roll. to create an exit strategy other than strategy. I think we could ask the Mr. NICKLES. Mr. President, I ask the one that is there now, which is the President for that. We could ask the unanimous consent that the order for accomplishment of the Dayton process, President to look again at the Dayton the quorum call be rescinded. would be to snatch defeat from the accord. Let’s see how it goes and what The PRESIDING OFFICER. Without jaws of victory, or more colloquially, can we do to have a better prospect for objection, it is so ordered. as our distinguished former majority lasting peace, have a combined joint Several Senators addressed the leader Bob Dole has said, to impose an task force that would be led by Ameri- Chair. exit date now on our Bosnia policy, to cans, but in which we would transition The PRESIDING OFFICER. The Sen- cut off funding would be ‘‘like a foot- out at a specified time. Let’s have an ator from Wisconsin is recognized. ball team leaving the field in the sec- orderly transition and let our allies Mr. FEINGOLD. Mr. President, what ond half when they are ahead of the know up front what they can expect is the pending business? game.’’ from us, so that we don’t come on to a The PRESIDING OFFICER. The Remarkable progress has been made deadline and then have the President pending business is amendment No. in Bosnia, thanks to the presence of say to us, ‘‘Oh, but it would be irre- 2120 by the Senator from Oklahoma. the NATO troops and, most particu- sponsible to leave right now.’’ It is ir- Mr. FEINGOLD. Mr. President, I ask larly, our American presence there to responsible to leave right now because unanimous consent that the pending end the war, to begin to rebuild a civil we haven’t laid the groundwork for an business be set aside for 1 minute so society. Even in the Serbian section honorable exit, and now is the time to that I can simply offer the amendment there is new hope with new leadership do that. That is why we are talking I referred to earlier, and I won’t discuss from President Plasic and Prime Min- about it today and why we will have, as it right now. ister Dodik. We have proven that the part of our defense appropriations bill The PRESIDING OFFICER. Is there reasonable exercise that diplomacy this year, a statement of purpose, objection? matched with force can end conflict which we hope the President will give Mr. NICKLES. Mr. President, reserv- and genocide in Europe. us, that will include an honorable exit ing the right to object. What is the Now, that is a remarkable accom- strategy. We can do it if we start now. amendment? plishment. I would hate to see us jeop- We can work with the President toward Mr. FEINGOLD. It is the amendment ardize it by congressional termination this honorable exit, and we can go back I discussed during the time of the Sen- of the funding or by artificially setting to our constitutional responsibility to ator from Texas that removes the an exit date, or even an exit strategy, make sure that the President presents emergency designation for the Bosnia short of the accomplishment of the a mission before he sends our troops goals of the Dayton process. I thank into harm’s way, and that the Presi- money. I indicated that I would offer that amendment later this morning, my colleagues for giving me this oppor- dent makes sure that he provides for tunity. the funding when it doesn’t take from and I simply want to offer it, call for the yeas and nays, and not discuss it I yield the floor. our readiness and the quality of life of Several Senators addressed the further at this time. the troops that we have all over the Chair. world for missions that only the United Mr. NICKLES. Reserving the right to The PRESIDING OFFICER. The Sen- States can fulfill and for which we object. I am not managing this bill, so ator from Minnesota is recognized. must remain ready. I ask my colleague from Wisconsin if Mr. WELLSTONE. Mr. President, I Mr. President, that is the responsibil- he would withhold that amendment want to take 1 minute to thank my ity of Congress. That is what my until the Senator from Alaska is back. colleague from Connecticut for his re- amendment would do today. Mr. Presi- That would be appreciated. So I object marks. I had a chance to meet with dent, I am going to withdraw this at this time. some educators from Bosnia and amendment because the chairman of The PRESIDING OFFICER. Objec- Herzegovina, who are actually in the the committee and the majority leader tion is heard. gallery. The one thing they said to me have given us a time certain when we Mr. LIEBERMAN addressed the is, ‘‘Please support this peace process. can vote on a policy statement by this Chair. There is so much appreciation for what Congress which will have the force of The PRESIDING OFFICER. The Sen- America has done. Give us time. The law, and I hope the President will work ator from Connecticut is recognized. world will be a much better place if with us so that we can agree on an hon- AMENDMENT NO. 2083 you are willing to make this commit- orable strategy that fulfills our com- Mr. LIEBERMAN. Mr. President, I ment.’’ mitment to our allies, that fulfills our had come to the floor to speak very I wanted to associate myself with the responsibility to the world, that makes briefly on the amendment, now with- eloquence of my colleague from Con- sure we have a United States security drawn, that had been offered by the necticut. interest and provides for the payment Senator from Texas. Mrs. HUTCHISON addressed the for it, and last but certainly not least, Mr. President, I thank the Chair and Chair. an exit strategy that is honorable in my colleagues. Briefly, I wish to speak The PRESIDING OFFICER. The Sen- line with the United States of America. on the amendment offered by the Sen- ator from Texas is recognized. S2514 CONGRESSIONAL RECORD — SENATE March 25, 1998 Mrs. HUTCHISON. Mr. President, I operations in Southwest Asia) is designated quest for $44,000,000, that includes designa- appreciate very much the remarks of by the Congress as an emergency require- tion of the entire amount of the request as both the Senator from Connecticut and ment pursuant to section 251(b)(2)(A) of the an emergency requirement as defined in the the Senator from Minnesota. I hope Balanced Budget and Emergency Deficit Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Control Act of 1985, as amended, is transmit- that we will be able to work something MILITARY PERSONNEL, NAVY ted by the President to the Congress: Pro- out that they would also be com- vided further, That the entire amount is des- For an additional amount for ‘‘Military fortable with, because we do want to ignated by the Congress as an emergency re- Personnel, Navy’’, $22,300,000: Provided, That exercise a responsible approach to our quirement pursuant to section 251(b)(2)(A) of of such amount, $19,900,000 (the amount for such Act; Provided further, That the Sec- role in this whole Bosnia peace process. funding incremental costs of contingency op- retary of Defense may transfer these funds But I do think we also have a respon- erations in Southwest Asia) is designated by to current applicable operation and mainte- sibility to have clear conditions and a the Congress as an emergency requirement nance appropriations, to be merged with and clear exit strategy. So I hope we will be pursuant to section 251(b)(2)(A) of the Bal- available for the same purposes and for the anced Budget and Emergency Deficit Control able to work together. same time period as the appropriation to Act of 1985, as amended. I ask unanimous consent that Sen- which transferred: Provided further, That the ator SESSIONS be added as an original MILITARY PERSONNEL, MARINE CORPS transfer authority provided in this provision cosponsor of my amendment. For an additional amount for ‘‘Military is in addition to any transfer authority The PRESIDING OFFICER. Without Personnel, Marine Corps’’, $5,100,000: Pro- available to the Department. objection, it is so ordered. vided, That of such amount, $3,700,000 (the OPERATION AND MAINTENANCE, ARMY Mr. FEINGOLD addressed the Chair. amount for funding incremental costs of con- RESERVE tingency operations in Southwest Asia) is The PRESIDING OFFICER. The Sen- For an additional amount for ‘‘Operation designated by the Congress as an emergency and Maintenance, Army Reserve’’, $650,000: ator from Wisconsin. requirement pursuant to section 251(b)(2)(A) Provided, That such amount is designated by Mr. FEINGOLD. Mr. President, I ask of the Balanced Budget and Emergency Defi- the Congress as an emergency requirement unanimous consent that the pending cit Control Act of 1985, as amended. business be set aside. pursuant to section 251(b)(2)(A) of the Bal- MILITARY PERSONNEL, AIR FORCE anced Budget and Emergency Deficit Control The PRESIDING OFFICER. Is there For an additional amount for ‘‘Military Act of 1985, as amended. objection? Personnel, Air Force’’, $10,900,000: Provided, OPERATION AND MAINTENANCE, AIR FORCE Mr. STEVENS. I did not hear the That such amount is designated by the Con- RESERVE Senator. gress as an emergency requirement pursuant For an additional amount for ‘‘Operation to section 251(b)(2)(A) of the Balanced Budg- The PRESIDING OFFICER. The re- and Maintenance, Air Force Reserve’’, et and Emergency Deficit Control Act of quest of the Senator from Wisconsin $229,000: Provided, That such amount is des- 1985, as amended. was to set the pending business aside. ignated by the Congress as an emergency re- Mr. STEVENS. There is no objection. RESERVE PERSONNEL, NAVY quirement pursuant to section 251(b)(2)(A) of The PRESIDING OFFICER. Without For an additional amount for ‘‘Reserve the Balanced Budget and Emergency Deficit objection, it is so ordered. Personnel, Navy’’, $4,100,000: Provided, That Control Act of 1985, as amended. Mr. KENNEDY. Mr. President, re- of such amount, $2,000,000 (the amount for OPERATION AND MAINTENANCE, ARMY funding incremental costs of contingency op- serving the right to object, and I will NATIONAL GUARD erations in Southwest Asia) is designated by For an additional amount for ‘‘Operation not object. Senator NICKLES and I have the Congress as an emergency requirement and Maintenance, Army National Guard’’, been here for about an hour and 15 min- pursuant to section 251(b)(2)(A) of the Bal- $175,000: Provided, That such amount is des- utes wanting to debate the Nickles anced Budget and Emergency Deficit Control ignated by the Congress as an emergency re- amendment. I hope that we at least Act of 1985, as amended. quirement pursuant to section 251(b)(2)(A) of have an opportunity to get to the sub- OPERATION AND MAINTENANCE the Balanced Budget and Emergency Deficit stance of it. I want to accommodate all OPERATION AND MAINTENANCE, ARMY Control Act of 1985, as amended. of our colleagues here. For an additional amount for ‘‘Operation OVERSEAS CONTINGENCY OPERATIONS Mr. FEINGOLD. Mr. President, I will and Maintenance, Army’’, $1,886,000: Pro- TRANSFER FUND reassure the Senator that this is mere- vided, That such amount is designated by the (INCLUDING TRANSFER OF FUNDS) ly to offer an amendment, and it will Congress as an emergency requirement pur- For an additional amount for ‘‘Overseas suant to section 251(b)(2)(A) of the Balanced take 30 seconds. Contingency Operations Transfer Fund’’, Budget and Emergency Deficit Control Act Mr. KENNEDY. I have no objection. $1,556,000,000, to remain available until ex- of 1985, as amended. The PRESIDING OFFICER. The Sen- pended, of which $46,000,000, shall be avail- ator from Wisconsin. OPERATION AND MAINTENANCE, NAVY able for classified programs: Provided, That AMENDMENT NO. 2121 For an additional amount for ‘‘Operation of such amount, $1,188,800,000 (the amount for and Maintenance, Navy’’, $33,272,000: Pro- funding incremental costs of contingency op- (Purpose: To remove the emergency designa- vided, That such amount is designated by the erations in Southwest Asia) is designated by tion for the supplemental appropriations Congress as an emergency requirement pur- the Congress as an emergency requirement to fund incremental costs of contingency suant to section 251(b)(2)(A) of the Balanced pursuant to section 251(b)(2)(A) of the Bal- operations in Bosnia) Budget and Emergency Deficit Control Act anced Budget and Emergency Deficit Control Mr. FEINGOLD. Mr. President, I send of 1985, as amended. Act of 1985, an amendment to the desk and ask for OPERATION AND MAINTENANCE, AIR FORCE Mr. FEINGOLD. Mr. President, this its immediate consideration. For an additional amount for ‘‘Operation is simply an amendment that removes The PRESIDING OFFICER. The and Maintenance, Air Force’’, $21,509,000: the emergency designation for the ad- clerk will report. Provided, That such amount is designated by ditional Bosnia money, which I men- The bill clerk read as follows: the Congress as an emergency requirement tioned a few minutes ago. The Senator from Wisconsin [Mr. FEIN- pursuant to section 251(b)(2)(A) of the Bal- anced Budget and Emergency Deficit Control At this point, I simply ask for the GOLD] proposes an amendment numbered yeas and nays. 2121. Act of 1985, as amended. The PRESIDING OFFICER. Is there a OPERATION AND MAINTENANCE, DEFENSE-WIDE Mr. FEINGOLD. Mr. President, I ask sufficient second? unanimous consent that reading of the (INCLUDING TRANSFER OF FUNDS) There is a sufficient second. amendment be dispensed with. For an additional amount for ‘‘Operation The yeas and nays were ordered. The PRESIDING OFFICER. Without and Maintenance, Defense-wide’’, $1,390,000: AMENDMENT NO. 2120 objection, it is so ordered. Provided, That such amount is designated by the Congress as an emergency requirement Mr. STEVENS. Mr. President, I call The amendment is as follows: pursuant to section 251(b)(2)(A) of the Bal- Beginning on page 7, strike out line 13 and for the regular order. anced Budget and Emergency Deficit Control all that follows through page 12, line 1, and The PRESIDING OFFICER. The Act of 1985, as amended. insert in lieu thereof the following: pending business is the Nickles amend- For an additional amount for ‘‘Operation ment No. 2120. MILITARY PERSONNEL, ARMY and Maintenance, Defense-wide’’, $44,000,000, For an additional amount for ‘‘Military for emergency expenses resulting from natu- Mr. NICKLES. Mr. President, for the Personnel, Army’’, $184,000,000: Provided, ral disasters in the United States: Provided, information of my colleagues, the That of such amount, $72,500,000 (the amount That the entire amount shall be available amendment I am offering today will for funding incremental costs of contingency only to the extent that an official budget re- strike a nonemergency appropriation March 25, 1998 CONGRESSIONAL RECORD — SENATE S2515 of $16 million for the Health Care Fi- Senate by 100–0 on April 23, 1996. The original Kassebaum-Kennedy bill. Con- nancing Administration, commonly conference agreement passed it on Au- gress has acted to expand the bill by called HCFA. This provision in the sup- gust 2, 1996, by a vote of 98–0. It has passing the mental health parity re- plemental bill includes $6 million for unanimous support—not once but quirements and a ban on drive-by deliv- HCFA to hire 65 new Federal employ- twice. But now some Senators are pro- eries. These provisions, too, will re- ees. That is an average of $92,300 per posing to effectively gut that legisla- main an empty promise if HCFA does person. Mr. President, I will try to be tion by denying HCFA the staff and the not have the staff to enforce the law. very blunt and very quick with my dis- resources they need to enforce the bill. In every State that has failed to act, cussion on this amendment. Let us be very clear. This is not in whole or in part, the responsibility HCFA has today 4,002 employees. It is about the budget. This is not about for assuring compliance in responding unbelievably large, and some would say wasteful spending. The HCFA request to complaints and informing the public not a very well-run agency. It has an is fully paid for by a cut elsewhere in has fallen on the Health Care Financ- administrative function that spends the HCFA budget. This is about an in- ing Administration. But HCFA has just $364 million. Its total program manage- explicable effort to deny millions of over 20 people working on this issue in ment is $1.88 billion and it has been people the right to portable, accessible its headquarters and a handful spread growing significantly. health insurance. across the regions. The administration in their budget Let me review the history of the The recent GAO report expressed request says next year they want to Kassebaum-Kennedy bill and explain to concern that HCFA’s current resources hire an additional 215 employees, an in- the Members why the request for the are inadequate to effectively enforce crease in their Federal administrative additional staff and resources is need- the bill. If this amendment passes and request from $364 million to $456 mil- ed. the supplemental request is denied, lion. This is an agency that has been The Kassebaum-Kennedy bill bans HCFA will have to wait for the comple- growing and, under the administra- some of the worst abuses by health in- tion of the regular budget process for tion’s request, would continue to grow surers—abuses that affect millions of next year. But consumers cannot afford profusely. It doesn’t need to be in this people a year. It says that insurers to have HCFA wait a year or more to so-called emergency supplemental bill. could not impose preexisting condition hire new staff. And because HCFA The administration requested it, and it exclusions on people who have faith- lacks the institutional expertise to was initially agreed upon. fully paid their premiums but changed deal with private insurance issues, it But I started looking at the request, insurance carrier because they changed cannot simply transfer responsibilities and I am astounded that it would be their job. It says that insurers could to existing staff. The GAO report was a made. Supposedly, the request was not penalize members of a group by ex- preliminary one. If anything, it only made to fund HCFA’s enforcement of cluding workers who happen to be in scratches the surface of insurance com- the Health Insurance Portability and poor health or by charging them addi- panies’ attempts to evade or subvert Accountability Act, the so-called tional premiums. It says that small the law. But even in the short time the Kassebaum-Kennedy bill that we businesses could not be denied insur- law has been operative, it is clear that passed last Congress. This provision ance coverage or have their policy can- there is a substantial abuse by greedy would hire an additional 65 bureau- celed because one worker developed a insurance companies and more rigorous crats. They now have 26 administering health problem. It says that people enforcement is needed to make the the program. Forty-five States have al- who lost their job through no fault of right granted by Kassebaum-Kennedy a ready complied. This is temporary as- their own could not be denied insur- reality. suming all 50 States are going to com- ance in the individual market. The GAO found that many companies ply. Twenty-six employees were able to According to the General Accounting were engaging in price gouging with help monitor compliance and help Office, as many as 25 million people an- premiums being charged to consumers achieve compliance within 45 States. nually benefit from this health insur- exercising their rights to buy individ- Five States have not. All five States, I ance bill of rights. But patchwork en- ual policies when they lost their job. believe, will at some point be in com- forcement and a concerted effort by un- They were charged as much as 600 per- pliance. scrupulous insurers to violate the law cent above standard rates. These over- Do we really need to hire an addi- have raised serious concerns during the charges make a mockery of the right tional 65 and expand this bureaucracy? early implementation period. to purchase coverage. I don’t think that we should. I think For too many Americans the promise Other carriers continue to illegally we should save the taxpayers the $16 of the Kassebaum-Kennedy bill has impose preexisting condition exclu- million. been a broken promise. The President sions. Still others, the GAO found, de- One of the things that bothers me is and the Department of HHS are moving layed the processing of enrollee appli- how we are paying for this. This is paid decisively to address some of the worst cations beyond the 63-day window al- for by taking money out of a function abuses, but their ability to do so will lowed by the law, leaving applicants that is paid for in the Medicare trust be crippled if this amendment passes. high and dry. Other carriers illegally fund. So we are taking money out of When our legislation initially passed, failed to disclose to consumers that entitlement functions and putting it in we envisioned that enforcement they have a right to buy a policy. Some discretionary funds so we can hire against insurance carriers would be a carriers refuse to pay commissions to more bureaucrats. HCFA already has State responsibility, since State insur- agents who referred eligible individ- over 4,000. I really do not think we need ance commissioners have traditionally uals, and others told agents not to another 65, especially in an emergency been the regulators of health insur- refer any eligibles for coverage. Other supplemental bill. ance. Federal regulation was the fall- carriers put all the eligibles with So my amendment would be to delete back only if States failed to act. Most health problems in a single insurance this amendment to the bill that would States have passed implementing or product, driving up the rates to add $16 million in new federal spending, conforming legislation and are enforc- unaffordable levels while selling regu- and I urge my colleagues to support it. ing the law. But there are a significant lar policies to healthy eligibles. With- Mr. KENNEDY addressed the Chair. number of States that have not yet out the staff increase requested in this The PRESIDING OFFICER (Mr. come into compliance. Four States bill, this situation will get worse—not HUTCHINSON). The Senator from Massa- have failed to pass implementing legis- better. chusetts is recognized. lation and have no comparable State The Senate should not be voting for a Mr. KENNEDY. Mr. President, this laws on the books. Many, many more free ride for greedy insurance compa- amendment by the Senator from Okla- have only implemented parts of the nies, and it should not be an accom- homa should be called ‘‘The Abusive law. One of the States that has failed plice in denying families the health Insurers Protection Act.’’ to act is California with more than 30 benefits they were promised by unani- The Kassebaum-Kennedy legislation, million people. mous votes just 2 years ago. which protects consumers against in- The issue goes beyond the insurance The need for additional staff goes be- surance company abuses, passed the performance standards included in the yond enforcement. The GAO found wide S2516 CONGRESSIONAL RECORD — SENATE March 25, 1998 gaps in consumer knowledge—gaps We were able to at least make some Now we have the situation where that prevented consumers from exercis- progress when it comes to annual caps, there is another part that I want to ing their rights under the law. HHS and when it comes to lifetime caps, bring to the attention of my col- wants to launch a vigorous effort to ad- that was kind of a commitment we leagues, which is the mental health dress this problem. But, according to made. parity part. We are not going to be able the GAO, because of resource con- I say to my colleague from Oklahoma to have mental health parity, we are straints the agency is unable to put that this money—especially the $6 mil- not going to be able to make sure there much effort in consumer education. lion that deals with the enforcement— is some enforcement in the country, if I understand that the assistant ma- is all about making sure that HCFA we turn around and gut HCFA’s capac- jority leader believes this isn’t an has the capacity that we as a Govern- ity to do so. emergency situation. This logic makes ment have, the capacity to do some So I say to colleagues, please, when me wonder if he opposes the other non- monitoring to make sure that as a you come down here to speak or when emergency provisions in the bill. I can matter of fact what the Senate passed you vote, do not vote for this amend- count some two dozen. and what Congress passed by way of ment. Whatever the good intentions, For millions of Americans, the fail- mental health parity is implemented the effects of this amendment will be ure to enforce this legislation is an around the country. cruel. The effects of this amendment emergency. Every family who is ille- In a way, this is an emergency. You are going to turn the clock backwards. gally denied health insurance faces an can’t on the one hand raise people’s This would be a huge mistake, and that emergency. Every child who goes with- hopes and say finally we are going to is why I come to the floor to speak end some of this discrimination, finally out timely medical care because this against this amendment and urge an you and your loved ones who have been bill is not enforced faces an emergency. overwhelmingly strong vote against affected by this illness are going to Every family who is bankrupt by medi- this amendment. have the opportunity to get some cal costs because this bill is not en- I yield the floor. treatment, and then turn around and The PRESIDING OFFICER. The Sen- forced faces an emergency. This may basically gut the mental health parity not be an emergency for an abusive in- ator from Oklahoma. provision. Mr. NICKLES. Mr. President, I appre- surance company, but it is an emer- I say to colleagues that many Sen- ciate the statement of my colleague gency for families all over this coun- ators, Democrats and Republicans from Minnesota, but he is absolutely try. For some, it is literally a matter alike, voted for this. I would make an wrong. Let me just tell my colleague of life and death. appeal to you. When you come to the from Minnesota, the administration The Senate should reject this amend- floor of the Senate, either to speak or did not request a dime dealing with ment. We need to toughen the Kasse- to vote, please don’t vote for an amend- mental health parity—not a dime, I baum-Kennedy bill—not weaken its en- ment which is going to gut part of the tell my friend from New Mexico. forcement. This is a test of whether the enforcement of this. We need to make Let’s go back to the legislation, the Senate wants to protect greedy insur- sure that this is enforced around the original legislation—— ance companies that break the law or country. Mr. WELLSTONE. Will my colleague protect American families. We made some progress. It was a step yield for a question? Mr. President, I see my friend from forward. But we still have 30 States Mr. NICKLES. Let me just complete Minnesota wants to address this issue that aren’t in compliance with the my response. I think I will answer my and then I will have more to say with mental health parity legislation. This colleague’s statement. regard to the GAO report. was legislation that commanded wide- The Senator from Minnesota says if Mr. WELLSTONE addressed the spread support in the U.S. Senate. This we do not fund this money we are jeop- Chair. was legislation by two authors—Sen- ardizing mental parity enforcement, The PRESIDING OFFICER. The Sen- ator DOMENICI and myself, a Repub- and he is absolutely wrong—absolutely ator from Minnesota is recognized. lican and a Democrat. It would be cruel wrong. I want to make sure people un- Mr. WELLSTONE. I thank the Chair. to pass that legislation and then turn derstand it. The reason why Kasse- Mr. President, let me, first of all, around and deny HCFA—I am not as baum-Kennedy had a lot of support is just associate myself with the remarks concerned about HCFA as I am the peo- because it provided major reforms to of Senator KENNEDY from Massachu- ple who would be affected—with having improve access and portability, to setts. And let me talk specifically to the women power and man power to en- make sure if somebody loses insurance my colleague, whom I have a lot of re- force this. We simply have to make in a group plan they can have access to spect for even though we sometimes sure that the health care plans and the coverage in an individual plan. I sup- sharply disagree on issues. insurance companies live up to the law. ported that. But we left it under State I am particularly concerned about They are not going to do that if we regulation. We gave States the author- the effect this has on the mental pass a law and then we turn around and ity to regulate this. Mr. President, 45 health parity law that we were able to undercut the enforcement of this. I States have stepped forward. We passed pass. This was worked out. I was able think that would be cruel. I think we that bill 20 months ago. The bill be- to do it with Senator DOMENICI and ought not to do this. came effective, I tell my colleague, in other Senators as well. My understand- The intention of my colleague from January of this year. It has only been ing is that there are actually up to 30 Oklahoma is not to deny people good in effect for 21⁄2 months. 45 States now States that have yet to comply with coverage. I know that. My colleague comply; 45 States have done what we this. from Oklahoma is operating within a asked them to do. They have amended My concern is simple. We passed this different framework. But, from all I their State laws, because States regu- legislation. I thought it was a real step have been able to glean from my under- late insurance. forward. I think it is. When we passed standing of what is at stake here, we I know a lot of people in this body this legislation, what we were trying to have two things going on. We have the would like the Federal Government to say—my colleague from New Mexico is Kennedy-Kassebaum legislation, an im- regulate all insurance, but a lot of us here. He may add, and hopefully not portant piece of legislation which basi- said no, we should keep that under detract from what I am saying. But I cally said to people in the country: State control, we should let the States think what we were trying to say with Look, you are not going to be denied do it. We are not insurance commis- this legislation is let’s try to end some coverage because you had a bout with sioners. And needs may vary from of this discrimination and let’s try to cancer or because you are a diabetic or State to State. Some people wanted to make sure that people who are strug- whatever the case might be. Now, as it nationalize it. They have not been suc- gling with mental illness get treat- turns out, we are having trouble cessful. They were not successful when ment. We ought not to be denying around the country with this, because they passed the so-called Kennedy- treatment. We ought to, to the maxi- a lot of insurance companies are rais- Kassebaum legislation in federalizing mum extent possible, be treating this ing the rates so high that people can- insurance. differently than any other kind of ill- not afford it anyway. But it was an im- What the bill did say is: States, make ness. portant step forward. these changes. Make sure insurance in March 25, 1998 CONGRESSIONAL RECORD — SENATE S2517 your State is portable. Make sure there ployees. Do we really need to give them and women-power to enforce Kennedy- are options to go to individual plans if 65 more in this so-called urgent supple- Kassebaum, it is the same staff that they lose coverage under a group plan. mental? HHS has a total of 58,500 em- enforces the mental health parity. We passed that unanimously in the ployees—58,000 employees. Do we really They don’t need to list it. We all know Senate. Mr. President, 45 States have need to give them an extra 65? I don’t it. It is the same staff. We need that adopted it. The law became effective think so. I mean, this administration staff. January 1 this year. It has only been in has shown a great ability to be able to There are 30 States that are not in effect for 21⁄2 months. To help the borrow employees from agency to agen- compliance. We have had to battle with States make that transition, HCFA cy. The Legal Counsel’s Office in the companies over the 1 percent rule as had 26 employees—26. Forty-five States White House seems to borrow quite a well that we had, which said to a com- now comply. The other five States, as I few from various agencies to help in pany: Look, if your costs go up more understand it, are still working on it, their legal battles that they have ongo- than 1 percent—we do not believe that and maybe they have had a disagree- ing in the White House. They can move will happen—you can opt out. We had a ment between the Governor and the employees within HHS, they can move big battle on that. HCFA is very much legislature or one body in the House or employees within HCFA, to meet with a part of making a determination on the Senate, and so they have not any temporary demand that is there. that question as well. passed legislation in their State to be This is a temporary demand. You only Ultimately this is a national law. Ul- in compliance. So they are working on have five States in noncompliance. timately HCFA, indeed, has a very im- it. They may be in compliance by this portant role to play in monitoring this But wait a minute. Do we need to summer. So why in the world would we and in making sure that the law of the hire a whole new army? Do we need to need to hire 65 additional bureaucrats land is enforced. So I say to colleagues, go from 26 employees and add another that would be permanent, that would this has everything in the world to do 65 on top of it, creating a whole new be added on forever, that would be with the mental health parity bill that big base or army of HCFA employees to looking for other things? was passed. That is why I am out here get these 5 States to comply? I do not I might mention, we even found a list on the floor. I am in complete support think so. I think it would be a serious from HCFA that says what these peo- of the Kennedy-Kassebaum legislation. mistake. And it has absolutely nothing ple will be doing after these five States I agree with the Senator from Massa- to do with mental health parity. are in compliance. I might tell my col- chusetts, it needs to be strengthened. I look at the administration’s HCFA league from Minnesota, it doesn’t have But right now what I am trying to do supplemental request; it doesn’t men- anything to do with mental health par- is fight to make sure that we do not tion mental health parity. It doesn’t ity but it is ‘‘review all State legisla- turn the clock back half a century. have anything to do with mental tion’’—it has a bunch of things that It is time to make sure that States health parity. Those are all under the they would be doing. In other words, are brought into compliance, that the State plans. So I just mention that. I more bureaucrats, more Federal inter- mental health parity legislation which want to make sure my colleagues un- vention over State law. That is not was passed by this Senate means some- derstand that. what we passed in Kassebaum-Ken- thing in a concrete way for many fami- Let me now just touch on a couple of nedy. lies, millions of families all around the other things. Senator KENNEDY men- My colleague from Minnesota was country. That is not going to happen if tioned that GAO came up with a re- successful, with the Senator from New we turn around and gut the enforce- port. Mexico. They said, we want to have ment of this. Mr. WELLSTONE. Will the Senator mental health parity. That passed as So I just want colleagues to know, yield just for a question? part of Kennedy-Kassebaum, but I tell this has everything in the world to do Mr. NICKLES. Let me conclude, if my colleague, dealing with Federal leg- with that mental health parity legisla- you don’t mind. islation, it only would deal with the tion and it has everything in the world Mr. WELLSTONE. I am sorry. to do with making sure that that law Mr. NICKLES. He said this GAO re- Labor Department on ERISA plans. It of the land really becomes the law of port mentioned there was widespread has nothing to do with State regula- the land, because it is implemented, abuse and so on, and I take issue with tion of plans. We do not send out an because it is enforced, and because it that. The GAO report says this, and I army of bureaucrats to set out and makes a positive difference for millions will just quote: micromanage insurance throughout the States. Maybe that is what some in of families. This amendment takes us HHS regulatory role under this law is not in exactly the opposite direction. I say yet known. Some implementation challenges this administration would like to do. I may soon recede. Others are hypothetical hope we will not do it. I hope we will to my colleague from Oklahoma, he is and may not materialize. As Federal agen- have the wisdom to say we will not profoundly mistaken. cies issue more guidance and States and in- give them this additional money for 65 The PRESIDING OFFICER. The Sen- surers gain more experience with HCFA, con- employees. They have 26, and 45 States ator from Oklahoma. cerns about the clarity of its regulations signed up—45 States in the last 20 Mr. NICKLES. Mr. President, I beg to may diminish. months signed up. Do we really need to differ with my colleague. The original In other words, we have 45 States give them an additional 65 employees legislation set up said: States, do these now in compliance, according to HCFA; in hopes that maybe they will be able things. We told the States to do them, 5 are in the process of working on it, to run the insurance programs of the 5 and 45 States have done them. This is a and maybe those 5 will never get it to- States that haven’t yet signed up? I temporary — temporary — encourage- gether. Then maybe there will have to don’t think so. ment to get the States to have port- be some Federal implementation of This is an urgent supplemental. This ability. We did it; 45 States have done Kassebaum-Kennedy, but that remains is an abuse of the process, I think, by it. This was not to have HCFA micro- to be seen; we don’t know. This has HCFA, to expand their bureaucracy, manage State insurance plans through- only been in effect for 21⁄2 months. So, and I think it would be a serious mis- out the land. That was not why this do we really have an emergency of such take. So I urge my colleagues to sup- bill was passed. If they could not do a magnitude that we must triple the port this amendment. that with 26 employees, then I would be staff for HCFA so these five States can Mr. WELLSTONE addressed the surprised if they could do it with 65 get in compliance? Those five States Chair. employees. may sign up within the next month, or The PRESIDING OFFICER. The Sen- Some people are trying to take a bill the next 2 months. So there is no rea- ator from Minnesota. that passed unanimously and say that son to hire 65 people. There is no rea- Mr. WELLSTONE. I say to my col- gives us great authority to be able to son whatsoever, at $92,000 each—or an league, very briefly, a couple of things. micromanage all the health care plans average cost of $92,000. I don’t think it First of all, the administration didn’t in the States. That is not what we makes sense. need to mention specifically mental passed. That is not what we agreed to. Does HCFA have some other alter- health parity, because this is the same What we told the States to do was put natives? Yes; they have over 4,000 em- staff. The 65 additional people, man- in portability and put in conversions, S2518 CONGRESSIONAL RECORD — SENATE March 25, 1998 where you could convert to an individ- ditional 65 employees to expand this as a result of the excellent hearings ual plan. We did that; 45 States said bureaucracy. that were held by Senator HARKIN, and yes; 5 still have not. That is tem- Mr. KENNEDY addressed the Chair. that has broad bipartisan support. porary. Even the GAO report that was The PRESIDING OFFICER. The Sen- We put the burden on HHS and HCFA quoted by my colleague from Massa- ator from Massachusetts. to implement the legislation dealing chusetts said—he was quoting that re- Mr. KENNEDY. Mr. President, I with children’s health insurance last port where the director who made the think it is worthwhile to get back to year—that is taking place all across report said we may not have this need. the real situation with regard to the the country—to work with States. I We don’t even know, because those five implementation of this legislation. have attended those conferences. There States may be in compliance, and once With all respect, my good friend from are HCFA people there trying to work they sign up, we are done, they are Oklahoma has failed to describe accu- with the States to implement the pro- done. rately the kind of crisis that is affect- gram we passed last year. That is State My colleague is talking about mental ing so many families in this country implementation, and HCFA is working parity. The States have that in their and then differ with what the conclu- with those States—just to mention a plans if they are complying. That is a sions would be in terms of his amend- few of the additional burdens we have State regulatory function, it is not ment on that particular crisis. put on them. ours, where the Federal Government No. 1, there is an emergency. It is an We have put on them the drive-by de- has an involvement to tell my col- emergency for individual families. The liveries to make sure the States are league under an ERISA plan, that’s en- Kassebaum-Kennedy bill addressed the going to comply with the legislation forced under the Department of Labor. group-to-group issues, where you have that was initiated by Senator Bradley It is not under HCFA. HCFA did not large groups moving into other groups and others, a bipartisan effort, to make sure we are not going to have drive-by ask for that, because it is not under in terms of the State, where about 80 deliveries. their domain, their jurisdiction. I don’t percent of those have insurance and Also, to implement the provisions of want people to be confused and say this have some preexisting condition. But it mental health that Senator DOMENICI may hinder mental health parity en- has significant problems with regard to groups going to individual policies in and Senator WELLSTONE added to it, to forcement. It does not. It doesn’t have make sure that the States—and many the State. That is basically what we a thing to do with that. States have not—are going to be able What this whole legislation is about are talking about. to include the mental health programs is getting the States to comply with Let’s get serious about understand- that are being included in the existing HIPAA, the Health Insurance Port- ing what the issue is and the kind of programs. We had a serious debate on ability and Accountability Act. Mr. pain and anxiety that is taking place. that. We made very, very important President, 45 States have done that; 5 Every Member of this body ought to understand and get ready, that if the progress. We had bipartisan support. are in the process, working on it. They Mr. President, it is true this bill Nickles amendment goes through, you have done that with 26 employees. This went into effect last January, but I had better put on three or four more is a measure to say we need another 65, think it was the height of responsibil- people in your office to answer the and incidentally, when they finish this, ity that the chairman of our Human phones, because that is what is going we will have them doing something Resources Committee, Senator JEF- to happen, from individuals all across else. This is a massive effort to expand FORDS, asked the GAO to do a review of the bureaucracy of an agency that al- this country who are going to be facing the implementation of the bill to find ready spends $364 million, has 4,000 em- many of these kinds of problems, such out where the bugs were so we could ployees. as gouging by some of the unscrupu- try to address them before it deterio- I might mention, the administration lous insurance companies that have rated and became more serious. That is wants to increase that next year by raised the premiums to gouge Amer- an important, responsible oversight about $80 million, just in administra- ican families some 600 percent. We are function. And we got the report back tion function, and increase that by an- not addressing that particular issue on the result of the legislation, being other 215 employees. We will have to today, although the administration has implemented now for 2 months, but we wrestle with that in next year’s appro- a proposal and I have a proposal. We have the warning signs out there. We priation bill, which will just be another didn’t believe that was going to be a have the recommendations, and we few months from now. But what we problem under the Kassebaum-Kennedy have a proposal that doesn’t increase have on the floor now is the so-called bill. We said let the States do this, and the burden on the American taxpayer. urgent supplemental that the adminis- the majority of the States have done it It is a transfer of funds, not an addi- tration tried to stick in the back-door and have done it well with regard to tional burden. It is a recognition by to expand their bureaucracy. They the issues of pricing, but not all of the agency that we need to get addi- want to use this urgent supplemental them have. We ought to try and ad- tional personnel who have a high de- as an excuse to expand the bureaucracy dress that. We will do that but at a dif- gree of expertise and an understanding when there is nothing urgent. ferent time. of the insurance problems. I think if you have a bill that passed What we are talking, Mr. President, This is the first time HCFA has had 20 months ago and you have 45 States with all due respect to my colleague, is to face the various issues on insurance. in compliance and the bill has only many States, not just five. There are They have to go out and hire people. It been in effect 21⁄2 months and there are five States that have not passed State isn’t somebody you are bringing up to 5 remaining, there is no reason to al- laws to address this issue, but there are run the garage down at HCFA, it isn’t most triple the bureaucracy to be able many, many other States that have that you can just hire and fire people to get those 5 States to comply. That is passed laws that are still out of compli- at will. These are very specialized and what we are talking about. That is a ance. The Senator does not recognize important functions, and you need a temporary need, and surely HCFA, that. Just read in the GAO report, considerable degree of skill and experi- with 4,000 employees, if they need a which I will. ence in order to make sure that they couple more employees, can borrow a Let’s think about what we have are going to be done right and well to couple of those employees out of that asked. I am not here to try to defend protect the people. That is what we are 4,000. I mean the 26 that are already HCFA, although I will on this particu- talking about in this circumstance. working in this one branch, they still lar occasion. We have put a very heavy There is no additional burden or weight have 3,970-some-odd that they could burden on HCFA. We put a heavy bur- in terms of expenditures for the tax- use, that they could borrow. They can den on HCFA to try to implement the payers, but just the recognition within borrow a couple of people. changes in the Medicaid Program to HCFA that this is a priority and we Or there is something like almost provide the savings in the budget last need these quality people to be able to 60,000 people in Health and Human year. do it. That is where we are at, Mr. Services—60,000 employees. Maybe they We have put a heavy burden on HCFA President. could borrow a couple of those. We to try to deal with the fraud and abuse Let me respond to the Senator from don’t need to permanently fund an ad- issues with new rules and regulations Oklahoma on this issue. And make no March 25, 1998 CONGRESSIONAL RECORD — SENATE S2519 mistake about it, all of us have been five States becomes permanent or expands to What kind of a chance does a family around this place long enough to know other States. If HHS determines that other have with a child with a preexisting that if you don’t have the people in States have not passed one or more of the condition to pay 600 percent more? It is HIPAA provisions, as the preliminary data these various agencies, the phones just suggest, HHS will have to play a regulatory gouging. continue to ring. And the people who role in these additional States. This measure is trying to say, OK, let’s implement the enforcement of will be ringing are the people who have Mr. President, Senator Kassebaum these programs to the extent that we these preexisting conditions and dis- believed all the States should, and we can protect the public. What is the abilities—make no mistake about it. want all the States to conform to this. point of passing a law on burglary and They are already stretched out, as far But the fact of the matter is, we have as the mind and eye can possibly see, the warning signs right out here in this then saying we are not going to have and they will not be able to get any GAO report. We have the suggestion in any policemen to enforce it? That is kind of responses. the emergency supplemental, and the what we are doing. We all celebrate the fact that we We have in this GAO report the rec- reason that it is in there is because passed this law—bipartisan—passed the ognition that if you have more than a this is a real emergency for families law. And then to take away the en- 63-day gap in your coverage, you do not that will not be able to get coverage as forcement of it? What sense does that have an entitlement to get the insur- the law was intended and as the testi- ance at the State level. We have testi- mony indicated, individuals with pre- make? Particularly when it isn’t cost- mony in the GAO report that many existing conditions. ing any more. companies stretch out the period be- I listened to the Senator talk about Now, Mr. President, as you go yond the 63 days in order to effectively his conclusions on the GAO report. It through this GAO report deny people from receiving what they was very interesting, but it was lim- After the Federal fallback provisions took place on July 1, 1997, many consumers com- otherwise would be entitled to. That is ited. He read part of one page but did plained to State insurance regulators that in the GAO report. We want to stop not read the conclusion. carriers did not disclose the fact that a prod- that. It points out in the conclusion of the uct with HIPAA guaranteed access rates ex- So, if you are going to vote for the GAO report: isted, or, when consumers specifically re- Nickles amendment, be prepared to Finally, two implementation difficulties quested one, they were told that the carrier face a mother in your State or a father are substantive and likely to persist unless did not have such a product available. One in your State who says, ‘‘I was strung measures are taken to address them. First, State regulator we visited said that some out; I wasn’t aware of the 63 days, and among the 13 Federal fallback States, some carriers told consumers HIPAA products consumers are finding it difficult as a result were not available because the State had not my insurance people dragged this thing of high premiums to obtain the group-to-in- yet approved them. However, the regulator out; I finally found out after 64 days dividual guaranteed access coverage that had notified all carriers that such products that I should have gotten this proposal, HIPAA requires . . . Second, HHS’s regu- were to be issued starting July 1997, regard- and now I am denied. What am I going latory role could expand as the status of less of whether the State had yet approved to do for my child?’’ States’ efforts to adopt and implement them. This does not cost the taxpayers any HIPAA provisions becomes clearer in 1998. Here we have examples of various more. We are responding to real needs, HHS’s current enforcement capabilities could be inadequate to handle the additional agents who are completely distorting not needs that the Senators from Mas- burden unless further resources become and misrepresenting what the bill was sachusetts or Minnesota are saying, available. all about. All we are saying is, let us but the General Accounting Office is I do not know how much clearer that have an opportunity to work with the saying and HCFA is saying. It is going can be. We can say, Mr. President, States to make sure that these individ- to make a major difference to people ‘‘Well, we will just let it go and see uals and families are going to be pro- who have these kinds of preexisting what happens.’’ It is extraordinary to tected. conditions and illnesses. me—extraordinary to me—when we are We have in the GAO report examples Look at what the General Account- putting at risk families that have, pri- where agents are not demonstrating ing Office has said: marily, children or parents or other the options to eligible individuals. preliminary data from an October 1997 NAIIC families who have preexisting condi- They say the policies are not available. survey indicate that while most States have tions and disabilities, we are going to We have allegations in this GAO report made progress in enacting statutes imple- say on the floor of the U.S. Senate, that some of the major insurance com- menting key HIPAA provisions, many gaps ‘‘We are going to put you at risk’’? It panies are docking the agents’ fees if remain. For example . . . in the individual they sell these policies to people with market, eight States have not passed laws to might get better; sure, there are one or implement guaranteed renewal. In the group two people in each State that can try preexisting conditions. That is happen- markets, two States had not passed laws to and work it all out. We have been put ing today—today. And the Senator implement small-group guarantee access, on notice. It is the height of irrespon- from Oklahoma says that we do not and four States had not passed laws to im- sibility to fail to respond to that no- have a problem. We will just wait an- plement guarantee renewal and limits on tice. This is not just shuffling papers other year and get another GAO report. preexisting condition exclusion periods in around, this is not just a question of We have this now, here. This isn’t just the large-group markets. In addition, these bureaucracy, this is a question of some document that was produced for preliminary data do not include HIPAA’s the Senator from Massachusetts or any certificate insurance requirement, and anec- whether we are going to provide the dotal evidence suggests that many States protection for those families. That is of the rest of us who are going to op- have not incorporated this requirement into the issue. pose the Nickles amendment. State statutes. We know what is happening, and fam- They talk in here about the confu- There are not just the States that ilies now—too many of them—are being sion among consumers. And with the haven’t passed the law, there are all of gouged by the 500-, 600-percent increase confusion among consumers, we find these kinds of problems. It is all in the premiums. We had hoped the out that these parents are calling spelled out. States would address those. Many Members of the Senate or calling who- ever they can to find out what the in- While States continue to pass legislation States have. The majority have. We are to close some of these gaps, the possibility proud of them. But we know that some formation is. There is one individual remains that not all the provisions in all have not. What if you or someone you out in the State. The Senator says 24 market segments will be addressed, neces- knew lived in that State, or family individuals ought to be able to work sitating an expansion of HHS’s enforcement lived in that State, and you found out this. We have one individual in north- role. these games were being played? These ern California covering about 10 mil- That is what the GAO understood, games are being played. The GAO re- lion people, responding to all of these that is what the appropriators under- port points out in its study that, questions, all of the kinds of questions stood, that this has a higher priority. ‘‘Some carriers initially attempted to that have come up. Here it is in the GAO report. discourage the consumer from applying What did HHS say when it came and Then it goes on in the report, saying: for products with guaranteed access testified? We have had a hearing on HHS resources will be further strained if rights. Some are charging premiums this very measure in our Human Re- the enforcement role it is serving in these 140 to 600 percent of the standard rate.’’ sources Committee, Mr. President. And S2520 CONGRESSIONAL RECORD — SENATE March 25, 1998 what the HHS said is that they needed this Congress in last year’s appropria- number of bureaucrats dealing with these resources because they wanted to tions bill. Last year, in 1997, we spent this? I do not think that makes sense. go out and help educate consumers— $1.77 billion in HCFA. In 1998, this year And then, Mr. President, I want to who are the consumers? those with the we are in, $1.88 billion. I tell my col- touch on—and I have the Budget Com- preexisting conditions—about how this leagues, that is $110 million, and an in- mittee chairman here and the Appro- law works, if they have the protection crease of $30 million just in the admin- priations Committee chairman here. I or if they have not got the protection. istrative portion of HCFA alone. want to touch on how this was paid for. And that was one of the things that And the number of full-time employ- Now, this is supposedly an urgent sup- they wanted to do. Because as a result ees, I have mentioned before, is over plemental. I know on occasion—I know of the GAO review that said there is 4,000—4,000. So this is not an agency on the highway bill we are going to confusion out there, they wanted to ad- that has been starved. If you ask any- make a change on an entitlement pro- dress this problem. But you are not body in the medical community, any- gram to help pay for the entitlement going to be able to do that if the body in a hospital, HCFA is a disaster. program, and most everybody signed amendment of the Senator from Okla- It takes 10 years sometimes to promul- off on it. Maybe that is good; maybe it homa is accepted. They will not be able gate regulations. I do not think there is not good. to reach out and educate because they is a direct relationship between in- But the way we are paying for this, I will not have the resources to be able creasing an agency’s budget and im- tell my colleague from Minnesota, we to do it. proving the quality of health care for are taking money out of the Hospital Mr. President, one of the really insid- families. Insurance Fund. We are taking money ious aspects of this was the finding of My colleague from Massachusetts out of an entitlement program, man- the GAO report on the questions of the said, ‘‘Boy, if we don’t give them more dated program, that is supposed to be waiting period. They had an example. money, we’re going to have bad quality dealing with quality health care. We According to NAIIC, the National Asso- health care in various States.’’ I do not are taking money away from that pro- ciation of the Independent Insurance think there is a direct correlation be- gram and saying, well, we want to Commissioners, some health plans have tween an increase in HCFA’s budget for spend it in an urgent supplemental and established waiting periods of up to a bureaucrats and improving quality money going out this year. Now, we year during which certain conditions health care. only have a few months left this year. or procedures, such as organ trans- It may be just the opposite. It may The HI, the Hospital Insurance Fund, plants, are excluded from an enrollee’s be that a lot of those bureaucrats, in- happens to have some problems. Its coverage. Requiring such waiting peri- stead of increasing the quality health problems are that more money is going ods effectively excludes such preexist- care, frankly, cause a lot more head- out than going in. And so now we are ing conditions from coverage, and, ac- ache, a lot more paperwork, a lot more all of a sudden saying—and this portion cording to regulators, it is contrary to compliance costs and less quality of it deals with peer review organiza- the statutory intent to provide the health care. And so is this urgent? tions, and so on. We are supposed to be portability of coverage. It is here in Now, the administration has a big re- implementing quality, supposed to be the GAO report. We can take—and I quest in 1999. And we are going to fight improving quality for seniors, and we will take—time to go through this in that on the appropriations bill. I am are going to say, ‘‘Oh, no, we’re going greater detail. sure they have asked for $80 million in to take money out of that. We’ll take But the idea, Mr. President, that we new money. They have asked for an- enough money out of that to pay for have just five States that have not con- other 217 employees. Now they are try- this.’’ We are taking money out of the enti- formed, that they are going to do it, ing to squeeze in an extra 65. I do not tlement side to pay on the discre- that the bill has just been put into ef- think we should do it. I do not think tionary side, and further compound the fect and we have no problem out there, we should do it. It is not that big of a problems we have in the Medicare trust is a complete distortion and misrepre- deal, but, hey, do we want to turn that fund. I just do not think that makes sentation of an excellent GAO report much additional bureaucracy over to sense. I do not think it is right. I told that points out what is happening out HCFA, that much more money, or on Main Street—what is happening out the chairman of the Finance Commit- can’t they borrow some more of those tee we should not do this. I have heard on Main Street—to the families with employees that they now have who are these preexisting conditions. Those people say we are going to protect the probably reading through reports that Medicare fund and we are going to pro- with the disabilities are facing very are obsolete and maybe not doing so high hurdles. They are facing those tect seniors and we are going to have much good? quality health care for seniors, and the hurdles every single day. Sixty-five happens to be about 1.5 Finally, we have some opportunity to next thing you know, well, we are play- percent of their work force. Surely, ing games on HI, on the Hospital Insur- work out in a bipartisan way a bill they can borrow a few employees if that got votes of 100–0 and 98–0 for ance Fund, so we can get more bureau- they have this urgent request to get crats for HCFA. some relief for 25 million Americans these five States in compliance. Heav- who have some preexisting condition or I do not think we can do it. If HCFA en forbid, five States. It is 21⁄2 months, has the need, they have 4,002 employ- disability. The GAO report flagged for and they have not stepped up to do us the need for some oversight as well ees. The can borrow, they can get by, what we told them to do. they can make sure they can make it as some of the real problems. Although Now, does that mean those States do the solution will not cost the taxpayer happen. They have a total of 58,000 em- not care about quality health care? I ployees in their whole organization. additional money, we are being told do not think so. Maybe they have not that we do not have to be concerned Health and Human Services has 58,500 passed the bill in their legislatures, employees. Maybe they could borrow about this, that there really isn’t such but, all right, let us borrow some em- a need out there, that all of these prob- one or two of those. They could borrow ployees from HCFA. Maybe that can lems are going to be easily resolved. 1 percent of those. My land, 58,000—1 encourage this process. But do we real- That flies in the face of this excellent percent would be 580. Do we really need ly need to hire 65 more when 26 were report, and we should not—we should that? I do not think so. doing this function for the first 20 not—accept it, Mr. President. So I just urge my colleagues to vote I yield the floor. months? Do we really need to hire an no on expanding bureaucracy. Let us Mr. NICKLES addressed the Chair. additional 65? That is an increase of 250 allow some common sense and some The PRESIDING OFFICER. The Sen- percent, when you only have basically fiscal discipline to happen for a change. ator from Oklahoma. five States that have not complied Let us not be taking money out of an Mr. NICKLES. Mr. President, just for when GAO says that HHS’ regulatory organization that is supposed to be im- the information of my colleagues, I role under this law is not yet known. proving quality health care for seniors think we are winding down. Just a cou- Some implementation challenges may and further jeopardizing the Hospital ple comments. soon recede. Others are hypothetical Insurance Fund at the same time. HCFA is not a starved agency. This is and may not materialize. And yet we Mr. WELLSTONE addressed the not an agency that has been ignored by are going to more than double the Chair. March 25, 1998 CONGRESSIONAL RECORD — SENATE S2521 The PRESIDING OFFICER. The Sen- ma. We will make sure some of this dis- says and I know what a difficult strug- ator from Minnesota. crimination ends. gle it has been and I know that a lot of Mr. WELLSTONE. Mr. President, if We said all of that. people have some hope that at least other colleagues want to speak on this Now the rubber meets the road. That this ends part of the discrimination, amendment, I would be pleased to defer was noncontroversial, I think, before when I hear we need some additional to them. If not, I want to go on and this amendment. A request by the ad- manpower and womanpower to enforce speak. ministration for some additional fund- that law, I am not going to support an Mr. President, I would like to bring ing for HCFA to make sure that this amendment that guts that. us back to what I think is the central law of the land is implemented, that Now, I am quite sure that it will question before us, and this will be the people are held accountable should be never be perfect. And I am quite sure vote. We passed the Kennedy-Kasse- noncontroversial. It is like you give that these ‘‘bureaucrats’’ may not be baum bill. It was noncontroversial. We with one hand and you take away with able to do it all. But you know what. believed it was the right thing to do. another. Enforcement of legislation that we What we said, the U.S. Senate, in our Now, Pennsylvania, for example, has pass, it doesn’t just sort of happen by collective wisdom, Democrats and Re- notified HCFA they are not going to accident. It is all about women and publicans, was that it was simply comply with the mental health law. men who are involved in public service, wrong for an insurance company to There are some 20 other States that are who have certain jobs, and who carry deny someone coverage because of a expected to miss the original deadline. out their responsibility. We need that preexisting condition. That was part of That is just the tip of the iceberg. enforcement power. This amendment what we said with that vote. The truth of the matter, I say to my guts it. In addition, because the mental colleague, is that when States do a I just want colleagues to understand health parity amendment was passed, great job, insurance companies do a what is at stake here. There is more at the law was passed as well, we said great job. We are pleased with that. stake than just this specific amend- that we were going to at least take a But if you don’t, the way the law of the ment. I certainly agree with what the giant step forward in ending some of land reads is that HCFA can come in Senator from Massachusetts said about the discrimination against people and say, ‘‘You have to; this is the law what our offices can expect because struggling with mental illness. of the land. That is the legislation we those of us, and I think probably all of We had a request, it was part of this passed.’’ us, Democrats and Republicans, I think supplemental, for some additional What we have here, just be clear we understand that part of our work is funding for HCFA to administer this about this, is an effort to gut this. My here, but every bit as important is our law. That was noncontroversial until colleague from Oklahoma says you can work back in our States. I find in Min- the Nickles amendment. The Nickles hardly expect, if it is such a serious nesota, I say to my colleague from amendment eliminates that funding. problem, you can hardly expect that an Oklahoma—I can get a smile from him Now my colleague from Oklahoma additional 60 people are going to solve on this even though we are sort of in keeps talking about bureaucrats. it. You know what. I would rather err disagreement on most things—we have Sometimes that gets to be a tiresome on the side of trying to make sure that a great political event, the Minnesota and tiring argument because some- we do everything we can as policy- State Fair. Half the State’s population, times it is not like ‘‘bureaucrats’’ with makers to make sure that these laws in 13 days, over 2 million people, come a sneer, it is women and men in public that have been passed, that have given to the Minnesota State Fair. It is unbe- service with a very important mission, people so much hope, given families so lievable. Everyone comes up to you. and the mission is to make sure that much hope, are implemented, enforced. People are generally speaking nice, but people in our country, families in our Why in the world would we want to they give you a piece of their mind if country, are not denied health care pass legislation that gives people hope they don’t agree with you. I have coverage because of discrimination by and then dash that hope? learned at the Minnesota State Fair insurance companies, by health care I will go back to what I think is at there is hardly anybody talking to me plans. It is not ‘‘bureaucrat’’ with a stake, and then I will conclude. There about a lot of bills we deal with. The sneer, it is men and women who are are other colleagues on the floor. I vast majority of people talk about a part of a mission to make sure that we think this is all about living up to a letter I responded to, a phone call that do not just pass a law—we pass a law commitment. I think this is about liv- I received, or a specific problem that with great fanfare, and we say to fami- ing up to a kind of sacred contract we they had as a family that our office in lies in the country: ‘‘Listen. No longer have with a lot of families in this coun- Minnesota was able to help them out will it be true that because your try. I am proud of what we did with on. That means more to people than al- daughter is a diabetic and she has now Kennedy-Kassebaum. Not to be a know- most anything. graduated from college, and she is off it-all, because certainly I am wrong I tell you something, that is what your health insurance plan, she can’t more than I want to be, but I always this is about. This is about making get coverage. No longer will it be true thought there was going to be a prob- sure that we help a whole lot of fami- that because your husband had a bout lem with the premiums being jacked lies, families that have to deal with ill- with cancer when he was 55, now that up, and in some States that is indeed nesses, and want to make sure they get his company has downsized and he is the problem, where companies say, coverage, families that are in pain and out of work, he won’t be able to find ‘‘Fine, we will cover you—you had a look for someone to help them, fami- any coverage at all. No longer will it be bout with cancer—but we will charge lies that are struggling with physical true that if you are suffering, strug- you $15,000 a year.’’ We have that prob- illness and, yes, mental illness, that gling with mental illness, a company lem out there. That is the problem. are looking for help and looking for or a plan can say to you, ‘We are going With the voice of the U.S. Senate that support and looking for protection. to put a cap on an annual limit of how said to people in this country, ‘‘We are There are a whole lot of families like much coverage you can get, or a life- going to try to give you some protec- that. There but for the grace of God go time limit.’ ’’ tion that you are not denied coverage I. It won’t be like someone who is because your loved one has Parkinson’s We should not vote for this amend- struggling with a heart condition. It or Alzheimer’s or has struggled with ment. This amendment should be won’t be like a diabetic. It won’t be cancer or diabetes,’’ that was the right soundly defeated, whatever the good like someone struggling with another thing to do. intentions of my colleague from Okla- illness. We will put you in a whole On the mental health part, I con- homa are. He always has good inten- other category, that is to say, second- clude. That is why I am out here. I am tions, but in my humble opinion, he is class citizens. It doesn’t matter that sorry, I will err on the side of caution. profoundly wrong on this question. we have all this research talking about To me, what that means is when I see I yield the floor. biochemical connection. It doesn’t that States aren’t able to comply—not Mr. DOMENICI. I waited on the floor matter we are finally getting out of the all the States are complying—and to see if Senator KENNEDY was coming dark age and getting beyond the stig- when I know what the law of the land back, and I am glad he is here, because S2522 CONGRESSIONAL RECORD — SENATE March 25, 1998 I have reviewed this as best I can and sentially, while I will do everything There will always be more complexities I am going to support the amendment within my power to see that the letter and difficulties dealing with that. That that Senator NICKLES has offered. of the law on mental illness parity is is just the history. The Senator knows There is a very good argument that enforced, I don’t think we ought to just this better than I, as well as the Sen- can be made that, in fact, this request accept from the administration, from a ator from Minnesota. So if they are that the administration puts forth in a HCFA that is rather disorganized, to having these kinds of implementation two-thirds sheet of paper, may be justi- say the least, another request for $16 problems now with the existing kind of fied. Let me suggest there is equal rea- million. statute, I think it is not unreasonable son to say the administration has done Now, I understand $10 million is not to think that we are going to have a very poor job of preparing for the im- nearly as urgent, and probably even those kinds of problems on the issues plementation the law has referred to those who oppose Nickles can agree of mental health. with reference to access, with reference that the $10 million is not necessary. I am just mindful, Mr. President, and to portability, and with reference to So perhaps I am erring on the wrong my friend from Oklahoma—Oklahoma another law that is different from that side here, but I think my judgment is has hired five more people in their in- that has to do with mental parity. to send a signal back to them, loud and surance department in order to help As a matter of fact, it seems to this clear, that the Senate will put up the implement this in its State. We are Senator that if Senator NICKLES pre- money to enforce these two provisions talking about a handful of people na- vails—and I don’t know whether he will because we voted for them very heav- tionwide, at no additional cost, dealing or not—HCFA ought to get the message ily. In fact, we voted almost as heavily with disability, our most vulnerable that they have two very difficult stat- for parity as we did for the rather fa- citizens. We are on notice. These are utes to enforce and they ought to get mous Kassebaum-Kennedy bill. our most vulnerable citizens, those ready for enforcing them in an orderly I am very pleased people supported that have preexisting conditions and manner, not to come up here 6 months my efforts and the efforts of Senator those that have disabilities, most of into a year with a request that all of a WELLSTONE on that. I won’t take a them children. We are going to be put sudden they found out that they may back seat to anyone in my willingness on notice by the GAO, and through a have to enforce, because of the absence to do anything I can to see if mental nonadditional-dollar cost to the tax- of State willingness, they may have to illness parity will work. I don’t think payer, saying, no, we are not going to enforce in a number of States. this is necessary to move it down the permit the agency that has the prime Who would ever have thought you line and see it work. responsibility for enforcement to have could put together a HCFA budget I yield the floor. the adequate personnel. charged with these two responsibilities Mr. KENNEDY. I see other friends That may carry the day here on the and assume that States will all enforce and colleagues who want to speak on floor of the U.S. Senate, but I just hope them? Is there anybody who knows this issue. I want to review just for a that our colleagues who support that what goes on who would agree with minute or two the provisions of the position—as I mentioned before, these that? They should have at least in legislation. parents are going to be calling all of their regular budget anticipated that First of all, the GAO report came out our offices, and they are going to be they would have a very major enforce- January 25 and the request for the ad- calling the agency asking questions ment requirement and responsibility. ditional funds was made last Thursday. about what to do about their children. Now, I also want to say to those who This was all done within a relatively Mr. REED. Will the Senator yield for think that maybe this is harsh on short period of time. I am quite amazed a question? HCFA, I have not said this before, but they were able to get their act together Mr. KENNEDY. Yes, I would be if you want to see some action that is to be able to make the assessment and happy to. harsh on HCFA, look at the President’s to be able to review the various mate- Mr. REED. Aren’t we missing the budget. The President’s budget on rials of the Appropriations Committee. point when we look at HCFA and try to HCFA does the following: It assumes a The Appropriations Committee re- blame them for the complicated issues series of user fees, one of which is ex- sponded in finding offsets so we weren’t that we have asked them to enforce? tremely high that one would hardly be- going to increase the expenditures. We are missing the point. Who is really lieve would ever pass, and the Presi- These are basically offsets. suffering, if we do this, are the thou- dent assumes those user fees are going Mr. President, this legislation was sands of families in the country that to pay for HCFA, so he doesn’t put put in the form of a request to the won’t have access to good health care. enough money in HCFA. Forget this States to conform. If the HCFA had It is our responsibility to ensure that little $6 million. He shortchanges it by been up here last year, the voices out HCFA and the States provide real ac- many, many millions on a wish that here would say, ‘‘Well we haven’t seen cess to the hundreds of thousands of user fees will be adopted because he has what the States are going to do. We be- families that need good health care requested it. lieve the States will conform. We have around the country. We just heard yes- Now, frankly, I think they better get to wait to see what has actually hap- terday at a hearing about the struggles their act together, and they will find a pened with the States before we know and travails of a young mother who very sympathetic Senator DOMENICI. whether there is going to be conform- was trying to get good care for her My second point. I have read every- ity with this provision or not.’’ daughter in the context of Kennedy- thing I can from this administration, At the excellent request of our chair- Kassebaum, and without good enforce- and I say to my wonderful cosponsor man of our Human Resources Commit- ment she would not realize these bene- and hard worker on mental parity that tee, 2 months into the bill we get a re- fits. I think you are absolutely right, I find nothing in the written material port that says there are these kinds of Senator, in terms of the message we that suggests that mental parity is an problems and they need these kinds of are sending. It is not, ‘‘HCFA, get your issue here, mental illness parity. They solutions. Then we had the correspond- act together.’’ It is to thousands of are talking about the statute that KEN- ing action to try to have the personnel families we are not going to enforce NEDY referred to. to deal with this. That is really the the right that we thought we gave 2 Now, they can get up this morning history of this. years ago. and say, ‘‘Maybe we need some more I know the Senator from New Mexico Mr. KENNEDY. Well, the Senator is support on the floor, so let’s talk about has spent an enormous amount of time absolutely correct. We are on notice mental illness parity also.’’ If that is on the whole issues of mental health now. The decision was made—and I the case, let me just ask, did they ever because he knows that issue is of par- give great credit to Senator Kasse- assume that all the States would have ticular importance. Although it was baum—that we were going to have taken up the enforcement of mental not illustrated in the central findings State implementation of this. There illness parity? Of course not. They of the GAO, the Senator would know, were many of us on this side that be- should have been prepared for it. They based upon past experience, that it is lieved that there would be danger, in just prepared a budget and they will always the lost child in any kind of dis- terms of the escalation of insurance have another one in 6 months. So es- cussion of health insurance policies. premiums, if we did not at least set March 25, 1998 CONGRESSIONAL RECORD — SENATE S2523 some kind of parameters for the in- Mr. STEVENS. Mr. President, there going to conform with the various pro- crease. We had testimony based on dif- is no way to control the floor unless a visions of the legislation, and some 45 ferent models to indicate what the Senator addresses the Chair. States have. Some States have not, and framework for that kind of an increase The PRESIDING OFFICER. The Sen- some States even at this time have in- was. It was a decision that was made ator is correct. dicated that they are not going to con- that we would defer and then have an Mr. REED. Mr. President, if I may form with the mental health various examination of what the States would address the question to the Senator provisions. But even with the States do. from Massachusetts. that have filed legislation, a number of So we have now had a preliminary The PRESIDING OFFICER. The Sen- those States are out of compliance. finding. In a few States, we have seen ator may ask a question. That is illustrated in the GAO report. this dramatic escalation, a 600 percent Mr. KENNEDY. The Senator is enti- In the GAO report, as well as in the increase in the premiums. But in many tled to ask a question. He was asking testimony of the individual who made States, we find out all of these other whether the suggestion that because 45 that report—I think his name was Bill kinds of enforcement problems, where States passed laws, does that mean Scanlon—there was an excellent pres- that all 45 States are in conformity, we have had agents for various insur- entation, basically outlining the con- which is a reasonable question since ance companies that are being penal- cerns that I have expressed here. I be- that has been the statement made on ized if they include in their various lieve that my representation, having the floor. The answer to his question is programs children with disabilities or attended that hearing, is a fair sum- that it is not a fair indication of the those individuals with some preexist- mary of what his position is. ing condition. They are penalized. Or, amount of implementation of this par- Nonetheless, what we have, Mr. if individuals call up, they are given ticular program, according to the GAO, President—the bottom line is that as a misinformation or disinformation because even though those States have result of careful oversight, we have a about what their rights are. We have passed laws, within those laws they fail report on a bill that was just passed re- all of that illustrated in this GAO re- to conform with a number of the other cently, some 20 months ago, going into port. We have had it illustrated out provisions in here. I have indicated effect in January of last year, reviewed there. those particular provisions. They are by the General Accounting Office, some Now, what the Appropriations Com- primarily targeted on the group-to-in- important abuses that have been out- mittee said is, OK, if we have this prob- dividual. As I pointed out, the record lined, and the effort by the Appropria- on this legislation with regard to lem, we have read through this, we tions Committee—correctly I think—to group-to-group in the States has been have a way of trying to make impor- try to address those abuses. And now tant progress in alleviating the anxiety good. As it should also be for group-to- we have an amendment that will effec- of these families that are facing the individual policies. It was supposed to tively make it much more difficult to most extraordinary kinds of pain and give the States the first crack. There protect those individuals that have dis- suffering that one can imagine when were some general criteria established abilities. they have disabled children in these for moving ahead on that. That criteria I have been around here long enough circumstances. I know that because the has been spelled out. We can take some to know the problems that we have time to go through that criteria. But it Senator from Rhode Island has a su- been facing in order to strike down the has been spelled out in those areas. I perb bill on the issues of pediatric pa- barriers of discrimination on the basis tients’ rights, the whole issue on chil- have outlined some of those, and I will of disability. We have had a difficult dren. The Senator has been a real lead- come back to those at a later time. time, and it is interesting that we have er here. I think he knows this issue Mr. REED. Mr. President, if I may only in recent years passed the Ameri- well. Now we have a way of trying to address an additional question to the cans With Disabilities Act. It took a address this issue and we have our col- Senator from Massachusetts. long time. This country has been reluc- leagues—we are talking about the The PRESIDING OFFICER. The Sen- tant to bring those that have been fac- emergency supplemental, which is ator from Rhode Island may if the Sen- ing physical and mental challenges dealing with these major issues that ator yields for a question. into the bright sunshine of fair treat- comes up with an amendment to strike Mr. KENNEDY. Yes, I yield. And I in- ment. So it doesn’t surprise me that we this $16 million. Now, as the Senator tend to yield the floor in a few mo- from New Mexico pointed out, $6 mil- ments. I intend to answer the question are out here on the floor of the U.S. lion is the most important of that $16 now. Senate battling for those who have dis- million because that will be for the ac- Mr. REED. I understand that last abilities and preexisting conditions tual implementation of the enforce- week the Labor Committee had a hear- once again. It doesn’t surprise me all ment. The others, I think, are impor- ing on this issue, and it came with that much. But that is what we are tant, too. I think a case, perhaps, can great evidence that we need to do more doing. You make a step forward and be made if we are following a very to enforce effectively this bill. And it you have a step that goes back. We strict interpretation—and that is an- seems to me that, in the context of have been around here long enough and other issue—a strict interpretation that hearing, this provision to strike we have seen that, unless you are going about whether we could not defer that, out needed money is absolutely the to provide a remedy, a right that you but certainly not with regard to the wrong approach in terms of ensuring provide is not an awful lot. We passed the 1968 Fair Housing Act protection of those families. that American citizens have all the Mr. REED. If the Senator will yield benefits of the bill that we all passed, to try to eliminate discrimination on again, as I understand it, there are 45 which we all thought would be a major the basis of race in housing. It didn’t States that have adopted local State breakthrough in health care in the mean a darn thing. A remedy wasn’t laws. Even within those States, they United States. I wonder if that is the out there. We passed the 1987 Fair are not fully complying with the stric- case, and, in fact, did the Labor Com- Housing Act that had remedies in it tures of the Kennedy-Kassebaum Act. mittee indicate that these issues were and enforcement provisions in it. Now As a result, even in the States that did necessary to be enforced? we need to have enforcement protec- what we thought they would do, we Mr. KENNEDY. Mr. President, the tions in here for those who have dis- still need Federal oversight. As a result Senator is absolutely correct about the abilities. of that, I hope we will elect to pass this hearing. We had the hearing, and we It isn’t costing the taxpayer an addi- measure. heard testimony from the General Ac- tional dollar. We are basing it not on Mr. STEVENS addressed the Chair. counting Office. I tried to get the tran- just our own kind of assessment, but on Mr. KENNEDY. If I can answer the script, which has not been printed up, an independent study by the General question—— because I think any fair presentation Accounting Office on a supplemental. The PRESIDING OFFICER. The Sen- on the basis of the review of the tran- Now, I know the good Senator, my ator from Massachusetts has the floor. script would support our position very friend from Alaska, wants to get on The Senator may yield for a question. clearly. with this issue. We are not the ones Mr. REED. My question, if I may, Our position is that States were in- who raised this issue. This was just a Senator—— vited to pass the legislation that was small housekeeping provision about S2524 CONGRESSIONAL RECORD — SENATE March 25, 1998 setting some different priorities in The Senator from Missouri. That all funds under this head shall be allo- HCFA, setting some different prior- Mr. BOND. Mr. President, I thank the cated by the Secretary to states to be admin- ities. But it is more than a house- Chair and I thank the distinguished istered by each state in conjunction with its keeping provision to those families chairman of the committee. Federal Emergency Management Agency I have two very important amend- program or its community development that are going to be affected. block grant program: Provided further, That We are not going silently into the ments that really deal with the sub- each state shall provide not less than 25 per- night on it. We don’t want to be labeled stance of disaster relief, particularly, cent in public or private matching funds or as holding up the supplemental on this in fact, not only New York and the New its equivalent value (other than administra- issue because we are contesting some- England States, but the Southeastern tive costs) for any funds allocated to the thing that isn’t going to cost the tax- States and the Western States. state under this head: Provided further, That, payer another dollar, on which the Ap- There was a request—I repeat it— in conjunction with the Director of the Fed- propriations Committee itself made a that the pending amendment be tempo- eral Emergency Management Agency, the rarily set aside. Secretary shall allocate funds based on the decision and a judgment that it ought unmet needs identified by the Director as to go ahead. This is about protecting The PRESIDING OFFICER. Without those which has not or will not be addressed families that have disabilities—mental objection, it is so ordered. by other federal disaster assistance pro- disabilities, physical disabilities, and AMENDMENT NO. 2122 grams: Provided further, That, in conjunction preexisting conditions. We are standing (Purpose: To provide emergency community with the Director, the Secretary shall utilize here to protect those individuals, and development block grant funding to assist annual disaster cost estimates in order that we have the GAO report that says we States in recovering from natural disasters the funds under this head shall be available, should. occurring in Fiscal Year 1998) to the maximum extent feasible, to assist Mr. BOND. Mr. President, concerning states with all Presidentially declared disas- So, Mr. President, this is a very im- ters designated during this fiscal year: Pro- portant kind of question that we are community development block grant programs, on behalf of myself, Sen- vided further, That the Secretary shall pub- faced with here. I think it takes some lish a notice in the Federal Register govern- time. Some came in last evening when ators MIKULSKI, STEVENS, SNOWE, COL- ing the allocation and use of the community it was offered. We have only had a brief LINS, D’AMATO, JEFFORDS, LEAHY, development block grants funds made avail- time to sort of talk about this issue, MACK, GRAHAM of Florida, and BOXER, I able under this head for disaster areas and but there is more that ought to be said send the amendment to the desk. publish a quarterly list of all allocations of about it. The PRESIDING OFFICER. The funds under this head by state, locality and Mr. REED. I thank the Senator for clerk will report. activity (including all uses of waivers and The legislative clerk read as follows: the reasons therefor): Provided further, That his remarks. the Secretary and the Director shall submit The Senator from Missouri (Mr. BOND), for Several Senators addressed the quarterly reports to the House and Senate himself, and Ms. MIKULSKI, Mr. STEVENS, Ms. Chair. Committees on Appropriations on all alloca- SNOWE, Ms. COLLINS, Mr. D’AMATO, Mr. MOY- The PRESIDING OFFICER (Mr. tions and use of funds under this head, in- NIHAN, Mr. JEFFORDS, Mr. LEAHY, Mr. MACK, BURNS). The Senator from Missouri. cluding a review of all unmet needs: Provided Mr. GRAHAM, and Mrs. BOXER, proposes an further, That the entire amount shall be Mr. BOND. Mr. President, I seek rec- amendment numbered 2122. ognition to offer two amendments. I available only to the extent an official budg- Mr. BOND. Mr. President, I ask unan- would be happy to defer to the distin- et request, that includes designation of the imous consent that reading of the guished chairman of the committee. entire amount of the request as an emer- amendment be dispensed with. gency requirement as defined by the Bal- Mr. STEVENS addressed the Chair. The PRESIDING OFFICER. Without anced Budget and Emergency Deficit Control The PRESIDING OFFICER. The Sen- objection, it is so ordered. Act of 1985, as amended, is transmitted by ator from Alaska. The amendment is as follows: the President to the Congress: Provided fur- Mr. STEVENS. Mr. President, I ask ther, That the entire amount is designated unanimous consent that the amend- Insert at the appropriate place: by the Congress as an emergency require- ments—the Senator from Missouri will DEPARTMENT OF HOUSING AND URBAN ment pursuant to section 251(b)(2)(A)(i) of offer two budget amendments based on DEVELOPMENT the Balanced Budget and Emergency Deficit budget requests—once introduced, be COMMUNITY PLANNING AND DEVELOPMENT COM- Control Act of 1985, as amended. immediately set aside to be in the line MUNITY DEVELOPMENT—BLOCK GRANT FUNDS Mr. BOND. Mr. President, I ask that for regular order following the amend- For an additional amount for ‘‘Community this amendment be temporarily set development block grants funds’’, as author- ment of the Senator from Wisconsin. aside. ized under title I of the Housing and Commu- The PRESIDING OFFICER. Without What is the order now? nity Development Act of 1974, $260,000,000, The PRESIDING OFFICER. We are which shall remain available until Septem- objection, it is so ordered. on the Stevens amendment No. 2120. ber 30, 2001, for use only for disaster relief, AMENDMENT NO. 2123 Mr. STEVENS. I wish the Bond long-term recovery, and mitigation in com- (Purpose: To provide additional funding for amendments to be offered after Sen- munities affected by Presidentially declared disaster relief to aid disaster-stricken ator FEINGOLD in the regular order. natural disasters designated during fiscal States) The first regular order would be, as I year 1998, except for those activities reim- Mr. BOND. Mr. President, I now send bursable or for which funds are made avail- understand it, Senator FAIRCLOTH, and an amendment to the desk relating to able by the Federal Emergency Management the Federal Emergency Management then Senator FEINGOLD, and then the Agency, the Small Business Administration, Bond amendments would be after that, or the Army Corps of Engineers: Provided, Agency on behalf of myself and Sen- if my unanimous consent request is That in administering these amounts and ex- ator MIKULSKI. agreed to. cept as provided in the next proviso, the Sec- The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- retary may waive or specify alternative re- clerk will report. ator is correct. quirements for, and provision of any statute The legislative clerk read as follows: Mr. KENNEDY. Mr. President, can or regulation that the Secretary administers The Senator from Missouri (Mr. BOND), for in connection with the obligation by the Sec- the Senator tell us where we are on the himself, and Ms. MIKULSKI, proposes an retary or the use by the recipient of these amendment numbered 2123. list? funds, except for statutory requirements re- Mr. STEVENS. The one of the Sen- lated to civil rights, fair housing and non- Mr. BOND. Mr. President, I ask unan- ator from Massachusetts is the pending discrimination, the environment, and labor imous consent that reading of the business. Mr. President, I say to the standards, upon a finding that such a waiver amendment be dispensed with. Senator, it is my understanding that is required to facilitate the use of such funds The PRESIDING OFFICER. Without his is pending business. I want to get to and would not be inconsistent with the over- objection, it is so ordered. the budget amendments. There will be all purpose of the statute: Provided further, The amendment is as follows: That the Secretary may waive the require- some amendments to those. So they On page 46, at the bottom of the page, in- ments that activities benefit persons of low would come after Senator FEINGOLD, if sert the following: and moderate income, except that at least 50 my unanimous consent request is percent of the funds under this head must INDEPENDENT AGENCY—FEDERAL EMERGENCY granted. benefit primarily persons of low and mod- MANAGEMENT AGENCY DISASTER RELIEF The PRESIDING OFFICER. Without erate income unless the Secretary makes a For an additional amount for ‘‘Disaster re- objection, it is so ordered. finding of compelling need: Provided further, lief’’, $1,600,000,000, to remain available until March 25, 1998 CONGRESSIONAL RECORD — SENATE S2525 expended: Provided, That these funds shall be On page 30, redesignate paragraphs (7) and The PRESIDING OFFICER. Is there available only to the extent that an official (8) as paragraphs (10) and (11). objection to the request? budget request for a specific amount, that On page 30, beginning on line 13, strike Mr. STEVENS. Mr. President, this includes designation of the entire amount of ‘‘STORM WATER DRAINAGE AND TECH- has been cleared on both sides. It is a the request as an emergency requirement as NICAL ASSISTANCE.’’, and insert ‘‘PLAN- managers’ amendment. ’’. defined in the Balanced Budget and Emer- NING AUTHORITY. The PRESIDING OFFICER. Without gency Deficit Control Act of 1985, as amend- On page 31, beginning on line 1, strike ed, is transmitted by the President to Con- paragraph (2), and insert the following: objection, the amendment is agreed to. gress: Provided further, That the entire (2) ROAD DESIGN.— The amendment (No. 2124) was agreed amount appropriated herein is designated by (A) If the city of Albuquerque decides to to. Congress as an emergency requirement pur- proceed with the construction of a roadway Mr. DOMENICI. Mr. President, I suant to section 251(b)(2)(A) of the Balanced within the area excluded from the monument move to reconsider the vote by which Budget and Emergency Deficit Control Act by the amendment made by subsection (d), the amendment was agreed to. of 1985, as amended. the design criteria shall be similar to those Mr. STEVENS. I move to lay that Mr. BOND. Mr. President, I now ask provided for the Unser Boulevard South motion on the table. that the amendments be temporarily project along the eastern boundary of the The motion to lay on the table was Atrisco Unit, taking into account topo- set aside. agreed to. graphic differences and the lane, speed and Mr. STEVENS. Mr. President, it is The PRESIDING OFFICER. That is noise requirements of the heavier traffic under the order. load that is anticipated for Paseo del Norte, my understanding that the Senator Mr. BOND. I thank the Chair. as referenced in section A–2 of the Unser from Minnesota wishes to offer some I look forward to debating at the ap- Middle Transportation Corrider Record of amendments and have them sort of get propriate time these two very impor- Decision prepared by the city of Albuquerque in line. I yield for that purpose. tant amendments which provide rough- dated December 199? * * * The PRESIDING OFFICER. The Sen- ly $1.86 billion for emergency relief. I (B) At least 180 days before the initiation ator from Minnesota. hope that we will be able to deal with of any road construction within the area ex- Mr. WELLSTONE. I thank the Sen- those amendments this afternoon. I cluded from the monument the amendment ator from Alaska. made by subsection (d), the city of Albuquer- AMENDMENTS NOS. 2125, 2126, 2127, AND 2128 EN thank the Chair, and I thank the chair- que shall notify the Director of the National BLOC man of the committee. Park Service (hereinafter ‘‘the Director’’), Mr. DOMENICI addressed the Chair. who may submit suggested modifications to Mr. WELLSTONE. Mr. President, I The PRESIDING OFFICER. The Sen- the design specifications of the road con- send four amendments to the desk and ator from New Mexico. struction project within the area excluded ask that they be separately reported. AMENDMENT NO. 2124 from the monument by the amendment made The PRESIDING OFFICER. The (Purpose: To make perfecting and technical by subsection (d). clerk will report. amendments to section 404) (C) If after 180 days, an agreement on the The legislative clerk read as follows: Mr. DOMENICI. Mr. President, Sen- design specifications is not reached by the The Senator from Minnesota (Mr. city of Albuquerque and the Director, the WELLSTONE) proposes amendments numbered ator BINGAMAN and I have an amend- city may contract with the head of the De- ment which was agreed to in the Ap- 2125, 2126, 2127, and 2128. partment of Civil Engineering at the Univer- The amendments (Nos. 2125, 2126, propriations Committee. I told the sity of New Mexico, to design a road to meet Members that we were going to at- the design criteria referred to in subpara- 2127, and 2128) en bloc are as follows: tempt to resolve one issue that was in graph (A). The design specifications devel- AMENDMENT NO. 2125 dispute. We have resolved it. I send the oped by the Department of Civil Engineering (Purpose: To encourage reform of Inter- amendment to the desk. shall be deemed to have met the require- national Monetary Fund policies, and for The PRESIDING OFFICER. The ments of this paragraph, and the city may other purposes) clerk will report. proceed with the construction project, in ac- At the appropriate place, add the follow- The legislative clerk read as follows: cordance with those design specifications. ing: On page 33, beginning on line 13, strike all SEC. . REFORM OF INTERNATIONAL MONETARY The Senator from New Mexico (Mr. DOMEN- through line 22, and insert the following: FUND POLICIES. ICI), for himself, and Mr. BINGAMAN, proposes (B) by inserting ‘‘(1)’’ after ‘‘(a)’’; (a) IN GENERAL.—The United States Gov- an amendment numbered 2124. (C) by adding at the end the following: ernment shall employ its best efforts to do Mr. DOMENICI. Mr. President, I ask ‘‘(2)(A) Notwithstanding paragraph (1), ef- the following, and such efforts shall include unanimous consent that reading of the fective as of the date of enactment of this but not be limited to the Secretary of the amendment be dispensed with. subparagraph—’’. Treasury instructing the United States Ex- The PRESIDING OFFICER. Without On page 34, line 9, strike ‘‘DOCUMENT.—’’. ecutive Director at the International Mone- objection, it is so ordered. On page 34, line 12, after ‘‘Corridors’,’’, in- tary Fund to use the voice and vote of the The amendment is as follows: sert ‘‘dated October 30, 1997,’’. Executive Director aggressively to these ends: On page 29, line 20, strike ‘‘(PANO’’, and in- Mr. DOMENICI. Mr. President, this amendment, that I am offering with (1) Structure the International Monetary sert ‘‘(JPANO’’. At the end of page 29, insert Fund programs and assistance so that— the following new paragraphs: Senator BINGAMAN, represents the con- (A) recipient governments commit, as a (7) the National Park Service has identi- clusion of several months of construc- condition of loan approval and renewal, to fied the realignment of Unser Boulevard, de- tive discussion between us. affording workers the right to exercise inter- picted on the map referred to in section Together, we have reached an agree- nationally recognized worker rights, includ- 102(a) of the Petroglyph National Monument ment on this legislation, which will ing the right of free association, collective Establishment Act of 1990 (Public Law 101– bargaining through unions of their own 313; 16 U.S.C. 431 note), as serving a park pur- allow the City of Albuquerque to pro- ceed with the extension of a roadway choosing, and the use of any form of forced pose in the General Management Plan/Devel- or compulsory labor; opment Concept Plan for Petroglyph Na- to the west side of Petroglyph National (B) measures designed to facilitate labor tional Monument; Monument, if it decides to do so. market flexibility are consistent with such (8) the establishment of a citizens’ advi- This amendment also provides that if core worker rights; and sory committee prior to construction of the the city elects to move forward with (C) the staff of the International Monetary Unser Boulevard South project, which runs this extension, that: The road will be Fund adequately takes into account the along the eastern boundary of the Atrisco similar in design to a road that is al- views of the International Labor Organiza- Unit of the monument, allowed the citizens tion, particularly with respect to the impor- of Albuquerque and the National Park Serv- ready constructed along the monument tance of labor market flexibility measures in ice to provide significant and meaningful boundary; the Park Service will have reducing unemployment in recipient coun- input into the parkway design of the road, the opportunity to provide construc- tries, and the impact such measures may and that similar proceedings should occur tive comments on the road design; if have on core worker rights in such countries. prior to construction with the Paseo del needed, the roadway could be expanded (2) Vigorously promote the adoption and Norte corridor; to as many as six lanes at some point enforcement of laws promoting respect for (9) parkway standards approved by the city in the future; and Washington will not internationally recognized worker rights (as of Albuquerque for the construction of Unser stand in the way of this local decision- defined in Section 507(4) of the Trade Act of Boulevard South along the eastern boundary 1974 (19 U.S.C. 2467(4)). of the Atrisco Unit of the monument would making process. (3) Structure the International Monetary be appropriate for a road passing through the Mr. President, I ask that this amend- Fund programs and assistance so that recipi- Paseo del Norte corridor; ment be accepted. ent governments commit to compliance with S2526 CONGRESSIONAL RECORD — SENATE March 25, 1998

all environmental obligations and agree- tions that had extended such credit make a AMENDMENT NO. 2120 ments of which it is a signatory. significant poor contribution by means of I now would like to talk a little bit (4) Work with the International Monetary debt relief, rollovers of existing credit, or about the problems regarding the Ken- Fund to incorporate the recognition that the provision of new credit, as part of an nedy-Kassebaum bill of the 104th Con- macroeconomic development and policies overall program approved by the Inter- gress, the Kassebaum-Kennedy legisla- can affect and be affected by environmental national Monetary Fund for resolution of the conditions and policies, including by work- crisis. tion, also known as the Health Insur- ing independently and with multilateral de- ance Portability and Accountability velopment banks to encourage countries to AMENDMENT NO. 2128 Act of 1996, called HIPAA. Many con- correct market failures and to adopt appro- (Purpose: To provide for an Advisory sider this legislation to be the most priate environmental policies in support of Committee on IMF Policy) significant Federal insurance reform in macroeconomic stability and sustainable de- At the appropriate place, add the follow- the past decade. During this Congress, velopment. I have tried to closely monitor the im- (5) Structure the International Monetary ing: Fund programs and assistance so that gov- SEC. . ADVISORY COMMITTEE ON IMF POLICY. pact of HIPAA over the past year to ernments which draw on the International (a) IN GENERAL.—The Secretary of the ensure successful implementation and Monetary Fund channel funds away from un- Treasury shall establish an International consistency with legislative intent. productive purposes, such as excessive mili- Monetary Fund Advisory Committee (in this On March 19th, the Labor and Human tary spending, and towards investment in section referred to as ‘‘Advisory Commit- Resources Committee held an oversight human and physical capital as well as social tee’’). hearing to focus on the findings of a programs to protect the neediest and pro- (b) MEMBERSHIP.—The Advisory Committee GAO report, which I requested, enti- mote social equity. shall consist of 8 members appointed by the tled, ‘‘Health Insurance Standards: (6) Work with the International Monetary Secretary of the Treasury, after appropriate New Federal Law Creates Challenges Fund to foster economic prescriptions that consultations with the relevant organiza- are appropriate to the individual economic tions, as follows: for Consumers, Insurers, Regulators.’’ circumstances of each recipient country, rec- (1) at least 2 members shall be representa- The report examines the HIPAA first- ognizing that inappropriate stabilization tives from organized labor. year implementation issues and the programs may only serve to further desta- (2) at least 2 members shall be representa- challenges that consumers, issuers of bilize the economy and create unnecessary tives from nongovernmental environmental health coverage, state insurance regu- economic, social, and political dislocation. organizations. lators, and federal regulators have (b) REPORT TO CONGRESS.—The Secretary of (3) at least 2 members shall be representa- faced since HIPAA’s passage. the Treasury shall submit a semi-annual re- tives from nongovernmental human rights or This legislation was limited to the port to Congress on the status of Inter- social justice organizations. national Monetary Fund programs linked to problems of individual insurance. And (c) DUTIES.—Not less frequently than every another GAO report will be coming for- official United States government financing. six months, the Advisory Committee shall (c) CONTENTS OF REPORT.—With respect to meet with the Secretary of the Treasury to ward with respect to the problems of each program, the report shall include the review and provide advice on the extent to going from one group to another. following: which individual IMF country programs The report confirms that federal reg- (1) Whether International Monetary Fund meet the policy goals set forth in Article I of ulators have faced an overwhelming involvement in labor market flexibility the Fund’s Articles of Agreements and this new set of duties under HIPAA. In the measures has a negative impact on core Act. worker rights, particularly the rights of free five states that have failed to or chosen (d) INAPPLICABILITY OF TERMINATION PROVI- association and collective bargaining. not to pass the legislation required by SIONS OF THE FEDERAL ADVISORY COMMITTEE (2) A description of any abuses of core HIPAA (California, Massachusetts, ACT.—Section 14(a)(2) of the Federal Advi- worker rights and how the International sory Committee Act shall not apply to the Michigan, Rhode Island, and Missouri), Monetary Fund addresses such abuses. Advisory Committee. the Department of Health and Human (3) Whether the program adequately bal- Services is now required to act as in- Mr. WELLSTONE. Mr. President, ances the need for austerity, economic surance regulator for the state HIPAA growth, and social equity. these amendments deal with IMF. provisions. As a result, HHS has re- (4) What measures are included in the pro- I ask unanimous consent that they quested an additional $6 million in the gram to ensure sustainable development and now be laid aside. address environmental devastation. supplemental appropriations bill to The PRESIDING OFFICER. Without fund 65 new full-time equivalent staff objection, it is so ordered. AMENDMENT NO. 2126 for HIPAA-related enforcement activi- (Purpose: To express the sense of Congress Mr. STEVENS. Mr. President, I ask ties in fiscal year 1998. on the treatment of Muchtar Pakpahan) unanimous consent that they be in I share many of the concerns raised At the appropriate place, add the follow- order behind the two amendments of- by my friend Senator NICKLES in offer- ing: fered by the Senator from Missouri. ing his amendment. The federal gov- SEC. . SENSE OF THE CONGRESS ON THE The PRESIDING OFFICER. Is there ernment is ill equipped to carry out the TREATMENT OF MUCHTAR objection? Without objection, it is so role of insurance regulator. Building a PAKPAHAN. ordered. It is the sense of Congress that the Govern- dual system of overlapping state and Mr. JEFFORDS addressed the Chair. federal health insurance regulation is ment of Indonesia should immediately re- The PRESIDING OFFICER. The Sen- lease Muchtar Pakpahan from prison and in no one’s best interest, and I intend have all criminal charges against him dis- ator from Vermont. to examine carefully this consequence missed. AMENDMENT NO. 2123 of the act. However, we are currently Mr. JEFFORDS. Mr. President, I faced with a real problem. We do not AMENDMENT NO. 2127 want to speak first very briefly on the know when the five states will pass the (Purpose: To encourage the International amendment offered by the Senator necessary legislation in order to rely Monetary Fund to require burden-sharing from Missouri that would help the dis- on state regulation. I believe HCFA by private creditors, and for other pur- aster areas of the Northeast. poses) currently lacks the expertise and re- First I want to commend the Senator sources to carry out its HIPAA-related At the appropriate place, add the follow- ing: from Missouri for helping the areas of responsibilities absent state action. the Northeast that were so punished by I suggested to Senator NICKLES an al- SEC. . BURDEN-SHARING BY PRIVATE CREDI- TORS. the recent problems with respect to the ternative to his amendment. HCFA has (a) IN GENERAL.—The Secretary of the ice storms. Vermont suffered very sig- identified a need for 36 employees for Treasury shall instruct the United States nificantly in the upper part of the essential enforcement in those states Executive Director at the International State, but with the knowledge that we where conforming legislation has not Monetary Fund to use the voice and vote of have with respect to what happened in passed. I believe that Congress should the Executive Director aggressively to New York and Maine which so far out- grant HCFA temporary authority to amend the International Monetary Fund by- paced our problems, I can certainly hire these 36 employees for its new laws to provide that the Fund shall not pro- vide funds to any country experiencing a fi- commiserate with their need to have HIPAA enforcement in these states for nancial crisis resulting from excessive and assistance, especially with respect to this fiscal year only. By approving the imprudent borrowing unless the private utilities, which have been greatly temporary positions during this fiscal creditors, investors, and banking institu- harmed by the weather problem. year at a cost of $3.3 million, we will March 25, 1998 CONGRESSIONAL RECORD — SENATE S2527 have met today’s real need—without Mr. KENNEDY addressed the Chair. would mean there would be a vote be- permanently adding to the number of The PRESIDING OFFICER. The Sen- fore the Senate at approximately 10 employees at HCFA for non-HIPAA re- ator from Massachusetts. minutes of 1. lated duties in the future. We should Mr. KENNEDY. I suggest the absence I suggest the absence of a quorum. have the necessary debate on the need of a quorum. The PRESIDING OFFICER. The to continue this level of staffing The PRESIDING OFFICER. The clerk will call the roll. through the normal appropriations clerk will call the roll. The legislative clerk proceeded to process. The legislative clerk proceeded to call the roll. I am concerned that if we make these call the roll. Mr. STEVENS. Mr. President, I ask permanent, then California will just Mr. STEVENS. Mr. President, I ask unanimous consent that the order for say, ‘‘Well, we might just as well leave unanimous consent that the order for the quorum call be rescinded. it with them,’’ and then we will have the quorum call be rescinded. The PRESIDING OFFICER. Without employees doing what the States The PRESIDING OFFICER. Without objection, it is so ordered. should be doing. objection, it is so ordered. Mr. STEVENS. Mr. President, after So I will support the amendment of Mr. STEVENS. Mr. President, the discussing the statement I made pre- my friend from Oklahoma with the un- situation is now that we have nine viously, I ask unanimous consent that derstanding that during the conference amendments in order and probably at the vote on the waiver of my point of the authors will work out just how least three more that I know of that order on the amendment that is going many they have. But I strongly urge are coming. So we have 12 amendments to be offered by Senator FAIRCLOTH— they be made temporary employees and to deal with before we can get down to Senator FAIRCLOTH will make a motion not permanent employees. the managers’ package on this bill. At to waive my point of order—I ask that Mr. President, I yield the floor. the request of the Senator from Massa- the vote take place at 1:30. Mr. NICKLES addressed the Chair. chusetts, I am going to ask that this The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- amendment be set aside and that it be objection, it is so ordered. ator from Oklahoma. regular order on the list that we have, Mr. GREGG addressed the Chair. Mr. NICKLES. Mr. President, for the to come before the Senate again after The PRESIDING OFFICER. The Sen- information of our colleagues, I think action on the Bond amendments. ator from New Hampshire. we are very close to concluding debate The PRESIDING OFFICER. Without AMENDMENT NO. 2129 TO AMENDMENT NO. 2103 on this amendment. objection, it is so ordered. The Nickles (Purpose: To provide for a reservation of I want to thank my colleague from amendment is set aside. funds for activities under part B of the In- Vermont, and my colleague from New Mr. STEVENS. Mr. President, that dividuals with Disabilities Education Act) Mexico and others who have spoken on would mean that at this time, as I un- Mr. GREGG. Mr. President, I have an behalf of this amendment. I also share derstand it, if I ask for the regular amendment which I send to the desk his concern. If there are going to be order, the amendment before the Sen- which is an amendment in the second that number of employees in HCFA, it ate will be the amendment by Senator degree to the Faircloth amendment should be temporary. I very much ap- Faircloth. Is that correct? which is pending. Is the Faircloth preciate that. The PRESIDING OFFICER. The Sen- amendment pending? I also mention that my friend and ator is correct. The PRESIDING OFFICER. The Sen- colleague from Massachusetts said that AMENDMENT NO. 2103 ator is correct. Oklahoma had recently hired five em- Mr. STEVENS. I ask for the regular Mr. GREGG. This is an amendment ployees to comply with this provision. order. in the second degree. I think that is fine. I think that is The PRESIDING OFFICER. The The PRESIDING OFFICER. The great, because I happen to believe in pending question is the FAIRCLOTH clerk will report. State control of insurance instead of amendment, No. 2103. The Senator Mr. GREGG. Mr. President, I ask the Federal Government. States are from Alaska. unanimous consent that reading of the trying to comply. They are in the proc- Mr. STEVENS. Mr. President, I once amendment be dispensed with. ess of complying. The State of Okla- again ask Senators to come forward Mr. KENNEDY. I object. homa can probably hire five employees and tell us if they are going to offer The PRESIDING OFFICER. Objec- for less than $93,000 each, as we would amendments to the supplemental bill. tion is heard. be doing under this piece of legislation. As I have indicated, we now have at The legislative clerk read as follows: So, again, for the information of our least 12 that are on our screen and we The Senator from New Hampshire [Mr. colleagues, my amendment would would like to start working out some GREGG] proposes an amendment numbered strike out the provision that would add sort of time agreement to dispose of 2129 to amendment No. 2103: $16 million for HCFA for the hiring of this bill. At the end, add the following: an additional 65 employees. I do not I might state to the Senate that as (4) EXPENDITURES FROM TRUST FUND.— (A) IN GENERAL.—Subject to subparagraph think that is necessary. They have soon as the Senator from North Caro- (B), amounts in the Trust Fund shall be over 4,000 employees today. They cer- lina has presented his amendment, I in- available to the Secretary of Education for tainly can borrow, they can use, they tend to make a point of order against making expenditures to carry out subsection can have temporary employees. They it. That will take place as soon as he (a). do not need 65 permanent employees. has finished his statement. (B) RESERVATION.— We also do not need to be taking I suggest the absence of a quorum. (i) IN GENERAL.—The Secretary of the money away from the Medicare’s Hos- The PRESIDING OFFICER. The Treasury shall reserve $1,000,000,000 of the pital Insurance Trust Fund, a perma- clerk will call the roll. amounts in the Trust Fund for activities under part B of the Individuals with Disabil- nent entitlement provision, to pay for The legislative clerk proceeded to ities Education Act (20 U.S.C. 1411 et seq.). this measure. call the roll. (ii) USE.—Amounts reserved under clause Again, the administration was well Mr. STEVENS. Mr. President, I ask (i) shall be available to the Secretary of Edu- aware. The Health and Human Services unanimous consent that the order for cation, during the 5-year period beginning on Administration has 58,000 employees. the quorum call be rescinded. the date of establishment of the Trust Fund, Surely they can shuffle some employ- The PRESIDING OFFICER. Without for use in carrying out activities under such ees around, if necessary, to meet any objection, it is so ordered. part B. emergency that might arise. Mr. STEVENS. For information of all Mr. GREGG. Mr. President, I will go So I urge my colleagues to vote for Senators, it is my understanding the into this amendment in more depth this amendment. Senator from North Carolina will take after the Senator from North Carolina I ask for the yeas and nays. but a short time, and following his has proceeded with the core of discuss- The PRESIDING OFFICER. Is there a statement, as I indicated, I will make a ing his basic amendment. Essentially sufficient second? point of order against his amendment. what this amendment does—the under- There is a sufficient second. He has indicated to me he will ask to lying amendment takes the money The yeas and nays were ordered. waive that point of order, so that from the stabilization fund and puts it S2528 CONGRESSIONAL RECORD — SENATE March 25, 1998 toward school construction. Instead of et Act, if it comes to that, to provide $5 I don’t work for President Clinton, putting it all towards school construc- billion for school construction. I don’t thank goodness. I work for the people tion, this amendment puts $1 billion of think it violates the Budget Act. of North Carolina. Very simply, if we it towards special education. We as a The ESF at Treasury loans out can afford to make loans to Mexico, Government have an obligation to spe- money. This is what it does. This is Korea, and Indonesia from the Ex- cial needs children. I have discussed what the new fund will do. The only change Stabilization Fund, then we can that on the floor many times. We have difference is that this money, I pro- afford to make loans to the States for made a 40 percent commitment as a pose, will be loaned to the school sys- school construction and modernization. Government that, regrettably, is an tems throughout this Nation to rebuild According to the Congressional Re- unfunded mandate that has not been the schools rather than to overseas search Service, this Exchange Sta- fulfilled. We are only paying 9 percent ventures. bilization Fund had over $30 billion at of the local cost. This would help pick The reason I offer this amendment is the end of 1997. This has become a up the 40 percent, move towards that 40 this appropriations bill went from a $2 giant slush fund in the Treasury De- percent, and that is the purpose of this billion emergency bill yesterday to an partment. They do their dead-level best amendment. $18 billion international bailout today. to keep the fund a secret, because it is I appreciate the courtesy of the Sen- I am concerned about the priorities of under the exclusive control of the Sec- ator from North Carolina. As I under- some of my colleagues in this body. We retary of the Treasury, and, as I say, stand it, he does not object to this sec- are spending money in a supplemental they flit around and pass it out. I think ond-degree amendment. I look forward for operations in Bosnia—a supple- it is time for the Congress to stand up to hearing this discussion of his under- mental. Is there anyone who seriously and say where it goes and when it goes lying amendment. thought that the President was going and spend the money for domestic pur- I yield the floor. to remove the troops in June of 1998, as poses, whether the Treasury likes it or The PRESIDING OFFICER. The Sen- we committed he would? Why did we not. ator from North Carolina. ever think he would keep that promise? I thank you, Mr. President, and I Mr. FAIRCLOTH. Mr. President, I am We have no plans to leave Bosnia. yield the floor. delighted to accept the amendment There is no plan to leave Bosnia. We Mr. STEVENS addressed the Chair. Mr. STEVENS. Mr. President, there from Senator GREGG. It is a good could well be there on into infinity. As are a few times when a chairman faces amendment. The States have a burden long as we put up money, we will be dilemmas of this magnitude. I support complying with this law, and I have no there. the concept of more funds going to problem with using $1 billion of the $5 Second, we are spending money for schools and to the Disabilities Act. If I billion we are proposing so the States operations in the Persian Gulf, $1 bil- make a point of order, and the Senator can meet the law. lion already, to back up a U.N. resolu- makes a motion to waive the point of Again, these are loans to the States tion. Yet, the administration says that order, I think that will carry. I think which, in my opinion, is much better we haven’t paid our dues to the United the Senate will vote to waive. I know than loans to Korea, Mexico, Indonesia, Nations. Well, if they will pay us for that my friends on the Democratic side and others, the likes of which we have the Persian Gulf operation, we will of the aisle would vote to make that been giving it to. give them a check for the United Na- money available and, obviously, I The PRESIDING OFFICER. Will the tions. think Members on this side of the aisle Senator suspend. Can we take our con- Third, we are providing $18 billion for think this is a way to somehow or an- versations off the floor, please. The the IMF—$18 billion. I am as opposed other deal with the budget in a dif- Senator deserves to be heard. as a man can be to sending our ferent way using the stabilization fund. The Senator from North Carolina. money—and they were identified by The net result of the Senator’s Mr. FAIRCLOTH. Thank you, Mr. the majority leader in this body as So- amendment, if the budget is waived, is President. cialists—I am opposed to sending our that there will be $5 billion spent from Mr. President, I would like to make a money to silk-suited dilettantes to the stabilization fund and that, in ef- motion to waive the Budget Act with spread around the world like it was fect, would require our committee to respect to this amendment. holy water and theirs to do with as go back and take $5 billion out of the Mr. STEVENS addressed the Chair. they see fit. This is not what our nondefense side of the budget and re- The PRESIDING OFFICER. The Sen- money should go for. These are not my scind it. If we did not do that, our ator from Alaska. priorities. These are the priorities of whole bill is subject to a point of order Mr. STEVENS. Mr. President, it is the Clinton administration, to send the and the disaster money and the defense my understanding, if the Senator will money to the IMF while they flit money that we so vitally need will not yield, before he can do that, I have to around the country on a diet of cham- be available. make a point of order, which I have not pagne and caviar at the expense of the I can tell the Senate, it would take made. American taxpayer. me a week to find $5 billion in non- Mr. FAIRCLOTH. I was expecting the I am tired of and not going to go defense money that we could rescind Senator from Alaska to make the point along with the Tom Sawyer trick of us for 1998. The Senator is aware, I am of order. painting the fences for the administra- sure, that his amendment makes the Mr. STEVENS. Mr. President, in tion, and that is, very frankly, what we money available in 1998. It says that in view of the information I have just re- have done. We have catered to and gone 1998 the administration is directed to ceived that several Senators want to along, one behind the other. spend $5 billion from the stabilization speak on this amendment, I ask unani- I have priorities that I think need fund. mous consent that my previous unani- pushing. I think it is far more impor- At the time of the Mexico crisis, I did mous consent request be vitiated. tant to rebuild the schoolhouses and a study of the stabilization fund. It was The PRESIDING OFFICER. Without school buildings in North Carolina created at the time the United States objection, it is so ordered. than it is to spend the money around went off the gold standard, and some- Mr. STEVENS. That means there the world for international bailouts. one in the Treasury decided that since will not be a vote at 1:30, Mr. Presi- There is no end to them. we are off the gold standard, we ought dent. Just to take 1 minute on this inter- to figure out what the gold in Fort The PRESIDING OFFICER. The Sen- national bailout, if the Secretary of Knox is worth, and they did. As the ator from North Carolina. the Treasury Rubin and the adminis- price of gold went up, the stabilization AMENDMENT NO. 2103 tration will come forth and say this is fund went up. It does not represent any Mr. FAIRCLOTH. Mr. President, the last $18 billion, then I might think capital in the sense of income that is what this amendment is about is very more kindly of it, but they wouldn’t saved; it represents the value of the simple. As I have said many times, if begin to tell you that, because they gold in Fort Knox. we can provide $18 billion for the IMF know they are going to be back before Literally, in order to pay for the ex- without any budget impact at all, I the year is out for $28 billion more. penditures that the Senator’s amend- think we can certainly waive the Budg- They have already planned it. ment would authorize, otherwise March 25, 1998 CONGRESSIONAL RECORD — SENATE S2529 pressed, the Treasury would have to Mr. SPECTER addressed the Chair. look at what HCFA needs. We are now sell the gold in Fort Knox. Unfortu- The PRESIDING OFFICER. The Sen- in the process of considering the appro- nately, the value of that has gone ator from Pennsylvania. priations bill for next year, and I think down, and the stabilization fund may AMENDMENT NO. 2120 an orderly process makes it preferable really not be worth as much as people Mr. SPECTER. Mr. President, I have that we consider this appropriation re- think it is. sought recognition to comment briefly quest at that time. In any event, this amendment has upon the amendment which was argued I thank the Chair and yield the floor. some strange quirks to it, as far as this a little earlier in the day. I had been on The PRESIDING OFFICER (Mr. bill is concerned. I do not want the the floor when the amendment by the COATS). Who yields time? Senate to waive the Budget Act, be- distinguished Senator from Oklahoma, Mr. SPECTER. In the absence of any cause if we waive the Budget Act, as I Mr. NICKLES, was offered. There were other Senator seeking recognition, I said, the whole bill is subject to a point many Senators here, and I had other suggest the absence of a quorum. of order. If we adopt the amendment, commitments. I am going to support The PRESIDING OFFICER. The the bill is subject to a point of order Senator NICKLES’ amendment, al- clerk will call the roll. similarly, in my opinion, unless we go though I do so with some substantial The bill clerk proceeded to call the back and take out the $5 billion that it concern for the funding at HCFA. roll. would spend in 1998. When the additional personnel had Mr. FEINGOLD. Mr. President, I ask I may be misinformed on that regard, been requested to move forward on the unanimous consent that the order for but I know the effect of spending that provisions of the Kassebaum-Kennedy the quorum call be rescinded. kind of money would require us to go bill, it seems to me that Senator NICK- The PRESIDING OFFICER. Without back and take the money out of exist- LES had made a valid argument that objection, it is so ordered. ing accounts on the nondefense side. most of the States, almost all of the Mr. FEINGOLD. Mr. President, what I think the Senate ought to have States, have applied and it is not in an is the pending business? some time to think about this. I think emergency classification. I am further The PRESIDING OFFICER. The the Senator ought to think about it, concerned that this funding has been pending business is the Wellstone because it is not going to achieve the requested by the Department of Health amendment No. 2128. result the Senator seeks. It is not and Human Services on an emergency Mr. FEINGOLD. Mr. President, I ask going to embarrass anybody on the appropriations bill which does not unanimous consent that that amend- Democratic side. They are going to quite fit the mold. Where we have these ment be temporarily set aside and that vote for his amendment. It is not going emergency appropriations bills, it is my amendment concerning Bosnia be to embarrass anyone on our side of the my view that we really ought to limit before the body. aisle; they are going to vote for the them to matters that are truly emer- The PRESIDING OFFICER. Is there amendment. And it is not going to em- gencies and not seek to pile on and use objection? Without objection, it is so barrass the administration; they want this as an occasion for appropriations ordered. to spend that kind of money, $5 billion which really can wait their turn. The Senator from Wisconsin is recog- more money. I speak on this amendment in my ca- nized. As my grandmother said, it is money pacity as chairman of the appropria- Mr. FEINGOLD. Thank you, Mr. made of whole cloth. It is not there. It tions subcommittee which has jurisdic- President. wasn’t in the budget to start with and tion over the Department of Health AMENDMENT NO. 2121 somehow that money will have to be and Human Services. We conduct, Mr. FEINGOLD. Mr. President, I am accounted for in the budget process through my subcommittee, consider- glad to have a brief opportunity to fur- this year. able oversight on HCFA. I am very ther explain why I have offered this I understand what the Senator from amendment concerning Bosnia. I be- North Carolina is trying to do, but it is much concerned that they should be adequately funded to carry out their lieve there will be an opportunity to not going to achieve the result that he vote on this, perhaps in the context of seeks. I can tell him I am informed the duties. a motion to table, very soon, perhaps Democratic Members will vote for his Last week, we had a hearing with as soon as 1:30, so I would like to offer amendment, as Democratic Members HCFA on the issue of the changes in just a couple of remarks about why I will vote to waive, as he seeks to make. compensation for a variety of physi- have offered this amendment. The net result is the Senator will in- cian categories, and at the same time What the amendment would do is re- crease spending by $5 billion, unless we we also had a hearing for the appro- move the emergency designation from go back, as I said, and take $5 billion priation for fiscal year 1999 where the the Bosnia money that is in this bill. out of the nondefense side of the budg- Secretary of Health and Human Serv- There are various pots of money in this et that is left to be taken out in the ices testified and the Administrator of bill, but I am only talking here about last 6 months of this year. HCFA, Min DeParle, testified as well, I can tell the Senator, in order to do and did not raise the issue of this ap- the Bosnia money concerning the oper- that, you have to take out about $15 propriation in this emergency appro- ation in the Bosnia theater. If the Sen- billion, because we are talking about priations bill. So I do think that had it ate determines that these funds are not outlays, and it is just not possible this been a matter of great urgency, in my an emergency—if I am able to prevail time of the year to get that kind of capacity as chairman of that sub- in this amendment—then they would money without doing severe damage to committee, it would have been called be treated like any other kind of spend- a lot of programs, whether they be ag- to my attention, it would have been ing, any other kind of regular spend- riculture programs—they would be on impressed on me, which was not the ing. In other words, under this sce- the nondefense side. We cannot touch case. nario, if the administration wants to defense on this amendment. In reviewing this matter with the have these expenditures, they would It is a nightmare, really. But it distinguished chairman of the Appro- have to follow the regular procedure. comes about because I understand Sen- priations Committee, I do concur with That is, the administration and the ators do not want to vote against the his analysis that it is not an appro- Members of Congress would have to Senator’s amendment, as he might priate matter for an emergency appro- find an offset from within the budget have anticipated. They will not vote priation. And if it is the enforcement of caps for these defense expenditures. against this amendment. Kassebaum-Kennedy, there are person- Otherwise, these defense expenditures Mr. President, I ask unanimous con- nel available to do that, and that is not would be sequestered. sent to set the Senator’s amendment at a critical stage. The reason I am offering this is that aside to a time certain at 5 o’clock, and I had heard that the appropriation the emergency designation as drafted we will find some time to deal with it was sought to carry forward the change in this bill for the Bosnia funding is between now and then. in the schedule on physicians’ com- really just a way around spending caps. The PRESIDING OFFICER. Is there pensation, but apparently that does In my mind, it is a ruse. It is just a objection? Without objection, it is so not seem to be the case. So, as I say, I budget fiction. It means we are ignor- ordered. am ready, willing, and able to take a ing our own budget caps. S2530 CONGRESSIONAL RECORD — SENATE March 25, 1998 My personal preference would be that The PRESIDING OFFICER. Without sources, in a competition for resources we had not put ourselves in the first objection, it is so ordered. which should be there if the Federal place in the position of having our AMENDMENT NO. 2129 Government paid its fair share but troops in Bosnia this way. I opposed Mr. GREGG. Mr. President, I know which are not because the Federal Gov- the deploying of our troops to Bosnia the Feingold amendment is pending, ernment does not pay its fair share. and still do. Since we have and we are but I want to speak to the issue of the This administration, in suggesting in the situation that we are in, I think Faircloth amendment which was of- $12 billion in new programs outside of at a bare minimum with regard to the fered earlier and which I understand special needs funding, is essentially continuing of the Bosnia mission, we will be resumed and possibly voted on saying we are not only not going to have to exercise some budget discipline later this afternoon, specifically to my fund the needs of the special education here. Why wouldn’t the budget rules second-degree amendment to the Fair- to the level required by the law; we are apply to this Bosnia situation? cloth amendment. going to take money which would re- What my amendment does is help us The second degree says that of the $5 lieve the pressure on the special edu- exercise that discipline. It strikes the billion that would be taken from the cation child, which would relieve the emergency designation for the Bosnia stabilization fund—which is, I believe, pressure on the local school district, money, again for the simple reason essentially a fund that allows the we will take that money and create that the Bosnia operation is certainly Treasury the flexibility to do things new programs, new mandated pro- a very important operation but it is like Mexico bailout and the bailouts in grams, new categorical programs where not an emergency. It is very hard to Asia, of the $5 billion that Senator the local school districts will have to do what we say they have to do in argue that the ongoing, ever-lengthen- FAIRCLOTH has suggested we take back Washington in the area of buildings ing mission in Bosnia is an emergency. into the Treasury to take control over, and in the area of class size at the ex- Yet we are faced with this emergency which I think is a good idea—that $1 pense of the special needs child, one designation as a way to bootstrap this billion of that would go towards special more time. funding into this bill which is supposed education. If this money was put where it was As many people who have listened to to be about emergencies. supposed to be under the law, the 40 me speak occasionally on this floor This amendment does not set an end percent as the Federal Government is date by which our troops should leave know—or some people know because I supposed to pay for it, if the Presi- Bosnia, although I do want to see us do suspect many don’t listen or would dent’s budget funded special education that. I hope it would be no later than rather ignore it—the special education at the level that it was required to be June 30 of this year. This amendment funding accounts of this Government funded under the law, then those new does not call for our troop withdrawal are totally skewed in that when the programs, instead of being started in at this time, although I very much bill for special education was first buildings, instead of being started in would like to see that happen. All it passed back in 1976, the Federal Gov- class size, those dollars would flow to does is simply force the administration ernment said it would pick up 40 per- the special education accounts and the to be straightforward and force the cent of the costs of the special needs local school districts could make the supporters of the administration’s poli- child in the local school districts. Over decisions because they would then have cies to be straightforward and to face the years, the Federal Government has their resources freed up as to what the reality of the fiscal demands of this failed miserably in fulfilling its obliga- type of buildings they wanted, what mission. tions, and instead of paying for 40 per- type of courts they wanted, and the de- What has happened here is an oper- cent of costs, as of 2 years ago it was cision process would be controlled ation that we were told would only down to paying for only 6 percent of where it should be—at the local level, cost $2 billion has already cost the the costs of the special needs child. not here in Washington. But that is not American people $8 billion, and now we As a result of efforts by a number of the policy of this administration. The are asked to put another half a billion Senators, including myself and Senator policy of this administration is to es- into this, and somehow people are ar- LOTT and the Presiding Officer, we sentially try to take control over local guing that it is on the basis of an emer- have been able in the last 2 years on education, pull it into Washington gency situation. That is simply not the Republican side to significantly in- through these categorical grant pro- credible. This speaks both to the prob- crease funding for special education, grams, and, at the same time, lem of the Bosnia mission and the with no support, by the way, from the underfund the special needs program, problem we have with budgeting in administration, to the point where we putting the local school districts in the general in this country. People are ap- now have it up to approximately 9.5 lose-lose position of having to pay the palled that emergency bills are used as percent of the costs of the special edu- Federal share of special needs and they windows of opportunity to achieve cation being borne by the Federal Gov- also have to do what the Federal Gov- other agendas. I am the first to admit ernment—still a far cry from the 40 ernment wants it to do in other areas that there have been more gross viola- percent. in order to get any Federal money at tions than this one, but this is a lot of The administration has put forward a all—totally inappropriate and ex- money, and the American people are budget this year which calls for vir- tremely prejudicial, especially to the beginning to wake up to the fact that tually no increase in special education local school districts and the special we have spent 8 billion American dol- funds, which is an outrageous position needs. lars in the Bosnia situation. in light of the fact that they are also That is a long explanation, but it is At a bare minimum, what we try to suggesting we create new programs in an attempt to lay the groundwork for do in this amendment is say, ‘‘Let’s the elementary and secondary school the purpose of my amendment. If we find out how we are going to pay for level that would cost approximately $12 are going to bring more money back this. Let’s have the budget rules apply. billion. But they can find no room in into the Federal Treasury under the Let’s have the administration and the their budget for special education for control of Congress, which we should— Congress say exactly how they will pay kids who need special education, which and I think Senator FAIRCLOTH’s for this,’’ instead of, in effect, deficit is truly inappropriate. amendment is appropriate in this spending that is being used to fund the What has happened is the special area—we should not have this, for want Bosnia mission. needs child finds himself put in a situa- of a better word, ‘‘slush fund’’ sitting I yield the floor and I suggest the ab- tion where in local school district after there for the purposes and under the sence of a quorum. local school district that child is really control of the Congress to spend, the $5 The PRESIDING OFFICER. The in an untenable and unfair position rel- billion. If we are going to bring that $5 clerk will call the roll. ative to other children in the school billion back into the control of the The assistant legislative clerk pro- system. The parents of that child are Congress, not only should we bring it ceeded to call the roll. forced to be put in confrontation with back here, but we should spend it on Mr. GREGG. Mr. President, I ask the children and parents who do not obligations that we know we have, unanimous consent that the order for have special needs, in different school which are on the books and, specifi- the quorum call be rescinded. systems, in a competition for re- cally, special education. March 25, 1998 CONGRESSIONAL RECORD — SENATE S2531

So the vote on this Faircloth amend- Senator from Texas, Mrs. HUTCHISON, I am about ready to make the motion ment really becomes fairly simple. To today, the continued deployment in to table. Before I do so, does the Sen- put it in its starkest terms, you can Bosnia at length during the consider- ator wish to make one last statement vote for a slush fund that may be used ation of both the authorization bill and concerning his amendment? to bail out the Soeharto family, which the defense appropriations bill this Mr. FEINGOLD. Mr. President, I is worth billions and billions of dollars year as we look to 1999. But for the pur- thank the chairman for his courtesy, in Indonesia, or you can vote for the pose now of dealing with the continued and I want to speak for just a minute special-ed child back in your home- deployment for the remainder of this in response to the chairman’s remarks. town and your home State who needs year, I implore the Senator not to re- I appreciate the remarks. I understand the support of this Government and quire, by striking the emergency des- the difficult situation he is in. whom this Government said they were ignation, that these funds must be But what I can’t understand is why going to support. That is the vote. The taken from other portions of the De- we let the administration and others choice is simple. I certainly hope that partment of Defense that are already who have represented to us certain lim- this Senate will come down on the side accounted for in the appropriations we its with regard to the Bosnia operation of special education. have made for those functions. And we put us in this position. The leadership Mr. President, I suggest the absence would again just be doing that. of this body said this would cost $2 bil- of a quorum. I feel like a white rat in one of those lion, and that is it, and we would be The PRESIDING OFFICER. The circular wheels. We just continue to go there for 1 year, and that is it. Now it clerk will call the roll. around and around. And we don’t get has cost $8 billion and another $1⁄2 bil- The assistant legislative clerk pro- anywhere if we appropriate money and lion. Yet they don’t provide us with a ceeded to call the roll. we have to go back and take that way to prepay for it. They don’t tell us Mr. MCCAIN. Mr. President, I ask money and put it into another purpose, unanimous consent that the order for how to offset it. But what they are, in particularly this late in the year. effect, asking us to do—forcing us to the quorum call be rescinded. It would also have a problem because The PRESIDING OFFICER. Without do—is to take this out of Social Secu- some of the moneys that have already objection, it is so ordered. rity. It is deficit spending. It is deficit been committed would not actually be spending. Sometimes we have to do it, PRIVILEGE OF THE FLOOR spent until 1999. We went into that yes- as the chairman has pointed out, in Mr. MCCAIN. Mr. President, I ask terday in connection with another unanimous consent that Ann Sauer and true emergencies. Some of what is in matter. Orlando Taylor of my staff be granted this bill I can’t deny involves true But, clearly, if we do not have the privileges of the floor during consider- emergencies, such as tornadoes and emergency designation, those moneys ation of S. 1768, the 1998 emergency floods. But why should we let this ad- that are actually spent in 1999 will be supplemental appropriations bill. ministration put us in the position of The PRESIDING OFFICER. Without counted against our allocation that we having to deficit spend to add onto objection, it is so ordered. are already working on for 1999 in what is already a quadruple of the $2 Mr. MCCAIN. Mr. President, I yield terms of the new bill for fiscal year billion we were promised this would the floor. 1999. And, unfortunately, the Congres- cost? sional Budget Office has already told AMENDMENT NO. 2121 So, Mr. President, all we are trying Mr. STEVENS. Mr. President, the us we are $3.7 billion short to meet the to do is have a little truth in budgeting Feingold amendment strikes the emer- level of funding that is indicated in the here, remove the emergency designa- gency designation for the Bosnian budget. tion, and have an honest accounting of funds from the bill. This supplemental There is this battle between the Con- how this should be paid for. request is mandated by section 8132 of gressional Budget Office and the Office But I sure want to recognize the the appropriations bill for 1999. If the of Management and Budget. This will chairman’s challenge in this area. It is President certifies that the mission to add to that deficit. When we try to cor- very difficult. In effect, he and others Bosnia must continue, under the law rect that deficit, it would mean the are being forced to have to do this in a this then continues. Bosnia costs are moneys that are basically emergency situation that isn’t appropriate. The emergency, as Congress specifically moneys to deal with the continued de- administration and others should have funded only through June 30, 1998. ployment through September 30 of this identified an offset. The problem we face now is the cost year must actually be counted against Thank you, Mr. President. of the continued deployment has al- 1999. I have to tell you, Mr. President, Mr. STEVENS. Mr. President, I move ready been paid. The administration that makes that problem of the deficit to table the Feingold amendment, and has sought to seek these funds to avoid and defense allocation for outlays for I ask for the yeas and nays. damage to the readiness and the qual- 1999 even that much worse. The PRESIDING OFFICER. Is there a ity of life that the military faces, So, under the circumstances, I have sufficient second? which is not currently deployed, but no alternative but to urge the Senate There is a sufficient second. they may face missions, as I have told to table the Feingold amendment. Let The yeas and nays were ordered. the Senate before, to Bosnia or Iraq us deal with Bosnia in terms of the 1999 The PRESIDING OFFICER. The within the remainder of this year. bill, and let us address the whole sub- question is on agreeing to the motion The emergency designation allows ject of the continued deployment and of the Senator from Alaska to lay on those moneys necessary for this de- the funding for anything that goes on. the table the amendment of the Sen- ployment to come out of the emer- I will tell the Senate that it is not ator from Wisconsin. On this question, gency fund rather than having to come possible to get those soldiers out of the yeas and nays have been ordered, out of reprogrammed accounts for the there at one time. There has to be, if and the clerk will call the roll. moneys we have already appropriated we are going to have a staggered with- The assistant legislative clerk called for quality of life and for readiness for drawal, a staged withdrawal, a the roll. the remainder of the force that is not downsizing to the point where we can The result was announced—yeas 92, deployed. do it legitimately, and without risk to nays 8, as follows: Under the circumstances, I agree anyone. [Rollcall Vote No. 41 Leg.] with Senator FEINGOLD’s position. We, So I urge the Senate to support me in however, thought we had a commit- the motion that I am going to make in YEAS—92 ment that the troops would be out on order to prevent us from forcing the Abraham Bryan Conrad Akaka Bumpers Coverdell July 1. I think the Senate realizes that. Department of Defense to use moneys Allard Burns Craig The President made the finding that that have already been appropriated Baucus Byrd D’Amato the law required it if he was going to for other functions in the Department Bennett Campbell Daschle to pay the cost of this emergency Biden Chafee DeWine continue the deployment, and that is Bingaman Cleland Dodd not only for 1998 but for 1999. caused by the President’s determina- Bond Coats Domenici We will address, as we have already tion that the troops will stay there Boxer Cochran Dorgan indicated with the comments of the after July 1. Breaux Collins Durbin S2532 CONGRESSIONAL RECORD — SENATE March 25, 1998 Enzi Kennedy Robb disaster areas—Franklin, St. Law- not been addressed by other federal dis- Faircloth Kerrey Roberts Feinstein Kerry Rockefeller rence, Essex, Clinton, Lewis, and Jef- aster assistance programs. The Feb- Ford Kyl Roth ferson—comprise a 7,000 square mile ruary 1998 FEMA Report, ‘‘A Blueprint Frist Landrieu Santorum area. This represents an area roughly for Action,’’ clearly identifies the prin- Glenn Lautenberg Sarbanes the size of Massachusetts. Tens of cipal unmet needs of New York and the Gorton Leahy Sessions Graham Levin Shelby thousands of homes in this area suf- Northeast region resulting from the ice Grams Lieberman Smith (NH) fered structural damage from ice, se- storm. Under the terms of the amend- Gregg Lott Smith (OR) vere winds and subsequent flooding. ment, the Department of Housing and Hagel Lugar Snowe Harkin Mack Specter Families were displaced and electricity Urban Development (HUD) will take Hatch McCain Stevens to over 400,000 people was cut off. The into account the costs associated with Helms McConnell Thomas entire high voltage transmission sys- these unmet needs in making alloca- Hollings Mikulski Thompson tem for this area was wiped out and re- tion decisions. The amendment effec- Hutchinson Moseley-Braun Thurmond Hutchison Moynihan Torricelli placed in a three-week period. tively addresses concerns which have Inhofe Murkowski Warner This amendment will provide much- been raised regarding HUD’s past dis- Inouye Murray Wellstone needed relief for New York homeowners tribution of emergency CDBG funds. Jeffords Reed Wyden and ratepayers. This assistance is vital Kempthorne Reid Under some previous allocations, large to repair storm-related damage to the states have fared poorly. Specifically, NAYS—8 homes of the families of the north HUD has at times used a ratio which Ashcroft Gramm Kohl country. Unfortunately, assistance unfairly penalized states with larger Brownback Grassley Nickles Feingold Johnson from the Federal Emergency Manage- gross products. This amendment effec- ment Agency (FEMA) and Small Busi- tively addresses those concerns and So the motion to lay on the table the ness Administration (SBA) disaster makes clear that funding allocations amendment (No. 2121) was agreed to. loan programs have not met all the Mr. STEVENS. Mr. President, I move are to be based on needs which cannot needs of affected families. These funds to reconsider the vote and I move to be addressed through other federal dis- lay that motion on the table. will help homeowners repair damaged aster programs. The motion to lay on the table was roofs, plumbing and heating systems. In addition, I support Senator BOND’s agreed to. In addition, this amendment will also inclusion of a requirement for a State Mr. FAIRCLOTH addressed the help to address the massive costs asso- match of public or private funds. This Chair. ciated with the near-total devastation provision is consistent with other fed- The PRESIDING OFFICER (Mr. of the region’s electric power system. eral disaster programs and will help le- GREGG). The Senator from North Caro- During the storm, nearly 10,000 utility verage additional resources for disaster lina. poles were destroyed—many literally recovery efforts. This matching re- AMENDMENT NO. 2103 WITHDRAWN snapped in half. Repair crews worked quirement will also give States an Mr. FAIRCLOTH. Mr. President, I 16- to 18-hour shifts—often in sub-zero added incentive to ensure that funds make a motion to withdraw the amend- conditions in the dead of night—remov- are used in a cost-effective and effi- ment that I had introduced, No. 2103. It ing downed utility lines, fallen trees cient manner. was introduced yesterday. I would like and debris, removing destroyed poles Mr. President, this amendment is a to withdraw the amendment. from the frozen ground and drilling necessary and vital step to help the The PRESIDING OFFICER. The holes for new poles. families of the north country recover amendment is withdrawn. Line crews and tree-cutting crews from the devastation caused by the ice The amendment (No. 2103) was with- were brought in from other regions of storm. These funds will bring much- drawn. New York State, as well as from Penn- needed relief to a region which has suf- Mr. STEVENS. Mr. President, I sylvania, Vermont, Connecticut, fered terrible loss from this natural thank the Senator from North Caro- Michigan, Virginia, and North Caro- disaster. lina. It does relieve a problem we are lina. These crews replaced hundreds of Once again, let me thank Senator miles of electrical cable, 150 two-pole developing here. BOND for offering this important meas- AMENDMENT NO. 2122 90-foot-tall transmission towers and ure and providing assistance to the Mr. STEVENS. Under the previous over 2,000 transformers. The equipment people of New York. In particular, I and materials for this undertaking had agreement we have, it is my under- thank Senator SNOWE for her efforts on standing now that the pending business to be brought in from as far away as behalf of the Northeast States affected will be amendment No. 2122, offered by Oregon, Florida, Georgia, and Nevada. by the ice storm. Also, my friend Sen- Mr. President, without this funding, Senator BOND. Is that correct? ator MOYNIHAN deserves praise for his the costs incurred by this massive res- The PRESIDING OFFICER. That is efforts on behalf of the people of the toration effort could be passed on to correct. north country. He has helped ensure Mr. D’AMATO. Mr. President, I rise the utility ratepayers of New York. that their voice has been heard here in strong support of the amendment of- New York currently has one of the today. Finally, I would like to thank fered by my friend and colleague, Sen- highest electric rates in the nation— Senator TED STEVENS, the chairman of ator KIT BOND. I am pleased to cospon- some 40% higher than the national av- the Appropriations Committee, for his sor this measure. This amendment will erage. The hard-working families of diligence in bringing this amendment help address the devastating effects of the north country who have bravely up for consideration by the Senate. I the 100-year ice storm which tore endured the ice storm should not have urge its immediate adoption. through the north country of New York to suffer additional increases in their and the Northeast this past January. utility bills. FUNDING INCREASE The amendment will provide $260 Mr. President, I commend Senator Mr. President, at this point I would million in community development BOND for including language in this like to engage my good friend Senator block grant (CDBG) funds to State amendment which will ensure that BOND, the Chairman of the VA–HUD Governments for recovery efforts in these funds are allocated in a fair and Appropriations Subcommittee, in a federally-declared disaster areas. The cost-effective manner. Specifically, the colloquy regarding the amendment to CDBG program has the advantage of amendment provides that funds should provide critically needed funding to providing states and localities with a be dedicated to states based on unmet the emergency CDBG program. I appre- great degree of flexibility in meeting needs which have been identified by the ciate your efforts to increase the fund- local needs and can be used in the Director of the Federal Emergency ing provided by this amendment from emergency context to fund home re- Management Agency (FEMA). By pro- $200 to $260 million. As the Senator is pairs, debris removal and the restora- viding a role to the Director of FEMA, aware, this additional funding is vital tion of electrical power to low and the amendment will help ensure a fair to ensuring that the States in the moderate income families. distribution of funds. Northeast which were devastated by Mr. President, the six counties in FEMA has made an excellent start in the ice storm receive adequate funding New York which were declared federal identifying unmet needs which have to speed this recovery. March 25, 1998 CONGRESSIONAL RECORD — SENATE S2533 Unfortunately, while both the Small FEMA did not cover. Specifically, the land. These crews faced freezing tem- Business Administration and the Fed- damage done to the state’s utility in- peratures and hazardous situations as eral Emergency Management Agency frastructure. they worked to kill live wires and free (FEMA) have contributed significant I appreciate the assistance provided remaining wires from the downed trees resources to homeowners in the re- to us by the Chairman, the Senator and poles. They worked round the gion—the funds provided have been in- from Alaska, Mr. STEVENS, Chairman clock until the light was back on in sufficient to address the full impact of BOND of the VA/HUD Subcommittee, every house in the State. As we say in the storm. For instance, while FEMA’s and the Ranking Member of that Sub- Maine, they are the ‘‘Finest Kind’’. Individual and Family Grant Program committee, Senator MIKULSKI in And the federal response was just as has helped hundreds of families, thou- crafting this amendment. The amend- important and just as swift. The Fed- sands of other families—including low- ment, which I am cosponsoring, will eral Emergency Management Agency income and elderly persons—have been provide $260 million for the CDBG pro- (FEMA), the Small Business Adminis- unable to access the program because gram. This money will allow states, tration, the Department of Defense— of FEMA’s daunting application proce- like mine, that have been declared dis- all answered Maine’s call for imme- dures. aster areas, to obtain CDBG money to diate help. We truly appreciate it, Mr. Together with the 25-percent match- address the unmet disaster needs—or President, and like many of my col- ing requirement which was included in fill the gaps—that FEMA has identi- leagues whose states have suffered the amendment this funding increase fied. from mother nature’s rage, I have seen will help the areas affected by the ice In Maine, the biggest cost of the first hand how vital the federal re- storm get back on their feet. storm was the damage done to the util- sponse is in the early days of a disas- Mr. BOND. I thank Senator D’AMATO, ity infrastructure. Vice President ter. the chairman of the Ranking Commit- GORE, during a visit to Maine on Janu- Once we were assured of federal as- tee which has jurisdiction over the ary 15, summed up the situation suc- sistance and the agencies were in the Community Development Block Grant cinctly when he said ‘‘We’ve never seen State and working, the Maine Congres- Program for his kind words. It was a anything like this. This is like a neu- sional Delegation asked the Governor pleasure to work with you to ensure tron bomb aimed at the power sys- what else was needed. He told us they that the Supplemental Emergency Ap- tem’’. needed federal assistance to cover the propriations Act contains sufficient The combination of heavy rains and extraordinary costs associated with the funding to help impacted areas recover freezing temperatures left the State destruction of our utility infrastruc- from natural disasters. Specifically, I coated with more than three inches of ture. And he asked the President to in- commend the Senator from New York ice. The weight of this ice downed clude supplemental funding for this for his diligence in ensuring that the wires, toppled transformers and purpose, as did the Governors of Ver- full scope of the impact of the ice snapped utility poles in two. At the mont and New York. storm in the Northeast was made peak of the storm 65 percent of the cus- The Stafford Act which provides known to the Appropriations Commit- tomers—more than 275,000 households FEMA’s guidelines for assistance cov- tee. Without his efforts, and those of served by Central Maine Power (CMP) ers public power. It will reimburse 75 his colleagues, many of the needs of Company were without electricity. percent of the costs related with a dis- the people of New York and the entire Bangor Hydro Electric Company had 75 aster. But because Maine and much of Northeast region might not have been percent of its customers—more than the northeast have investor-owned fully addressed. Given the cir- 78,000 without power. utilities as opposed to government- cumstances which have been brought In fact at the height of the storm owned utilities, we are ineligible to re- to our attention, the committee be- more than 80 percent of the entire ceive assistance from FEMA for this lieves the additional $60 million is fully State of Maine was in the dark. purpose, despite the fact that it is the justified and will help the residents of It took CMP, which supplies power to greatest cost of the storm. When we the area recover from the ravages of 77 percent of the State, 23 days to re- learned this, we went looking for other the ice storm. store power to all its customers. They sources of federal assistance, but we Mr. D’AMATO. I thank the Senator did it with 1,048 crews working around could find nothing that could address and appreciate his willingness to ad- the clock and running up 177,000 hours the magnitude of the costs of this dress our concerns. of overtime. They had to secure storm. Ms. SNOWE. Mr. President, 1998 will downed wires, replace more than 1 mil- Without assistance, the utilities in long be remembered in the State of lion feet of cable, 3,050 utility poles and the states of Maine, Vermont and New Maine as the year of the Ice Storm. In 2,000 reformers. They have estimated York will have to pass these costs onto early January the state was coated the cost of this heroic effort to be $74 the ratepayers, who already pay some with more than three inches of ice—the million. of the highest rates in the country for result of a once in a lifetime storm Bangor Hydro nearly tripled the electricity. Maine’s residential rate is that left more than 80 percent of the number of crews it normally used— 48 percent higher than the country’s State without power. going from 40 to 117 and put in an esti- average and New York pays the highest It was an extraordinary event—both mated 54,402 hours on storm damage. rates in the country. Vermont pays 28 for the way the people of Maine pulled Their crews worked more overtime in percent more than the national aver- together and for the damage it did to January then they did in all of 1997. age. the state’s utility infrastructure. The And once they completed their restora- Yet these ratepayers—who also hap- reaction of the people of Maine was tion efforts, they loaned crews to CMP. pen to be taxpayers—have helped pay proof positive that ‘‘Maine: the way They estimate they spent more than $7 the bill for FEMA assistance for utili- life should be’’ is not just a slogan, it million to bring all their customers ties in other states, with lower rates, is a fact. I was overwhelmed by the re- back on line. when they were faced with disasters of siliency and compassion I witnessed My colleagues will tell similar sto- their own. across the state last month, and Sen- ries, Mr. President. The rain and freez- The CDBG funding provided in this ator COLLINS and I shared our thoughts ing temperatures proved to be a fatal amendment will allow Maine and the and our praise for the people of Maine combination for the utility infrastruc- other northeast states to apply to HUD on the Senate floor. ture. As Maine Governor Angus King for funds to reimburse the utilities for We have worked, along with our col- said ‘‘If you designed a storm to take the huge cost of repair and recovery. leagues from Vermont, Senators JEF- out the electrical system, this was it’’. FEMA has identified utility costs as FORDS and LEAHY and New York, Sen- I cannot offer enough praise to the the major unmet need from the Ice ators D’AMATO and MOYNIHAN, to ob- men and women of Maine’s utilities Storm of 1998. tain additional federal assistance, and their brethren who came in from Mr. President, I know that some of through the Community Development all over the East Coast—including sev- my colleagues are wondering the Block Grants Program (CDBG) to help eral crews from my good friend, Sen- States have asked for assistance for cover damage done in the state that ator MIKULSKI’s home state of Mary- private companies. But a utility is a S2534 CONGRESSIONAL RECORD — SENATE March 25, 1998 unique animal. Whether it is a public Again, Grand Forks can give the 3,050 utility poles compared to 350 as a or private utility is immaterial to the money to the utility or turn them result of Hurricane Bob. One million role it plays. It provides a public serv- down—it is their decision. feet of cable had to be replaced in Jan- ice and it has an obligation to provide Another concern that has been raised uary compared with 52,000 feet in 1991. that service 24 hours a day, 7 days a is the issue of accountability. How do It took 1,048 crews working 23 days to week, 365 days a year—rain or shine, we know that this money will cover restore power to everyone in January. tornado or flood, ice storm or earth- only those costs related to the ice It took 320 crews working 8 days to re- quake. storm and not be used by the utilities store power after Hurricane Gloria. The fact is that these utilities didn’t to upgrade their infrastructure? Again, The Ice Storm was simply unprece- shut down like many private busi- the answer lies in the fact that utili- dented. Nothing had caused damage nesses did during the ice storm—be- ties are unique. They are regulated at that even comes close to the Ice Storm. cause they couldn’t. They had to pro- the State level, and they must justify The utilities self-insured for the types tect the public from the danger of live, their costs to the regulators who allow of storms they were used to dealing downed wires and from freezing to them to recover only those incremen- with. They couldn’t insure for this death in their own homes. It was a tal costs directly attributable to the storm—because it was completely out- matter of public safety—not a business ice storm. In addition, the bulk of the side the realm of their experience and decision. They had to right downed costs associated with this storm are re- therefore, their expectations. poles, replace crumpled transformers lated to the cost of labor—not to the And it is because the Ice Storm was and get the power back on. cost of new equipment. a once in a hundred year storm that They did not have the luxury of sit- In Maine, the Public Utility Commis- the people of Maine, and Vermont and ting down and saying ‘‘this is going to sion issued an accounting order on Jan- New York have asked the federal gov- cost us a bundle, our stockholders uary 15 that required the utilities to ernment for assistance in addressing won’t like it, we should take a pass’’. segregate their storm related costs. the costs associated with it. Without They couldn’t. They provide a public The PUC just started an audit of these this assistance the ratepayers will be service, and they had an obligation to accounts. If our amendment is adopted, asked to bear the burden of a rate hike. the people they served to restore power Maine will receive additional CDBG This will be in addition to all the other as quickly as possible. money that it will provide to the utili- storm-related costs they have already In a letter to Vice President GORE, ties to cover only those incremental paid. Governor King explained: costs the PUC says are prudent and di- Many of my colleagues know, from It is important to emphasize that this cost rectly related to the storm. the experiences in their own states, the . . . was purely a function of protecting the Without this additional assistance, true costs of a disaster. Based on this life and safety of our people. . . . the quick the ratepayers of Maine will cover the experience, I would ask them to lend restoration of power . . . was not a matter of costs through rate increases. CMP has their assistance to the people of Maine, convenience, but was an unequivocal neces- said it will need a ten percent rate hike Vermont and upstate New York to pro- sity. to cover its costs so 77 percent of the vide this much needed assistance, and I The amendment we have worked out utility customers in Maine will pay 10 urge them to support this amendment. with the Committee will provide $260 percent more. Bangor Hydro has said Ms. COLLINS. Mr. President, I am million in supplemental funding to its rates will need to increase three delighted to be joining Maine’s senior HUD for the CDBG program. This percent to cover the storm costs. Senator and a number of my other col- money, which will go to the states, can One question I asked myself was leagues in sponsoring an amendment to be used for a number of activities, in- what about insurance? The utilities do the FY 98 Defense/Disaster Supple- cluding reimbursement of costs to pri- have insurance, and it is determined by mental Appropriations bill that will vately owned utilities. HUD regulation their regulating body. The coverage, a provide $260 million in additional fund- 24 CFR Section 570.201(l) states: dollar figure determined on past risk ing for HUD’s Community Develop- CDBG funds may be used to acquire, con- experience, is set aside. For CMP that ment Block Grant program. struct, reconstruct, rehabilitate, or install is $3.9 million, enough to deal with sev- This money is urgently needed to as- the distribution lines and facilities of pri- eral major outages—20,000 to 40,000 sist the people of my State recover vately owned utilities. . . . households—a year. from the worst natural disaster in And HUD Secretary Cuomo has as- Because of the extensive damage Maine history. I refer, of course, to the sured Maine that if funds are appro- done to utilities as a result of Hurri- unprecedented Ice Storm that began, priated, they can be used for this pur- canes Hugo, Iniki and Andrew, the abil- innocently enough, as a light rain on pose. ity of utilities to obtain traditional in- the morning of January 7, 1998 and In its Ice Storm ‘‘Blueprint for Ac- surance coverage has become very cost- ended four days later with our State tion’’ FEMA, which listed utility costs ly. CMP was offered one policy that encased in as much as 10 inches of solid as the top unmet need, noted: provided $15 million worth of coverage. ice. The additional CDBG funding will (The) HUD Community Development Block To get this coverage, the deductible help not only Maine, but New York and Grant Program can supplement other federal was $5 million and the yearly premium Vermont as well, rebuild the electric assistance in repairing and reconstructing was another $5 million. So, they were infrastructure of our three states. infrastructure, including privately-owned being asked to pay $10 million to get $5 I want to pay a special thanks to the utilities. . . . million worth of coverage. Even with Chairman of the Appropriations Com- In fact, this amendment, Mr. Presi- this coverage, Mr. President, CMP mittee, to the Chairman of the Sub- dent, asks for the same assistance this would have been left with $54 million in committee on VA, HUD, and Independ- Congress gave to Minnesota, North Da- uncovered costs. ent Agencies, and to all of the Commit- kota and South Dakota last year in an The fact is that the 1998 Ice Storm tee members for recognizing the harm effort to help these states get back on was a 100 year storm. The Chair of the caused by the Ice Storm and for provid- their feet after they had been ravaged Historical Committee of the American ing a mechanism whereby we can se- by the worst flooding in 100 years. In Meteorological Association, who hap- cure sorely needed aid. Their coopera- the FY97 supplemental, $500 million pens to reside in Maine, has said that tion is greatly appreciated by the peo- was appropriated for CDBG to help ‘‘So far this century, there has been ple of Maine. with disaster assistance. The Northern nothing like it. It will probably make Mr. President, the Ice Storm of 1998 States Power Company applied to the the meteorological text books—even was unlike anything Maine had ever State of Minnesota for funding and was history books—as one of the biggest seen. Having grown up in the most turned down. Minnesota could have storms ever.’’ northern part of the State, I know provided them with the funding, but To put this storm into perspective, I something about ice and snow. But this chose not to. The same utility has ap- want to share a comparison of the dam- was less like a storm and more like a plied to Grand Forks, North Dakota—a age done by Hurricane Gloria in 1985 carefully targeted and highly effective CDBG entitlement city—for funding and Hurricane Bob in 1991 with the Ice attack on our electric transmission and is still waiting for a response. Storm of 98. The Ice Storm destroyed and distribution system. The damage March 25, 1998 CONGRESSIONAL RECORD — SENATE S2535 to that system in Maine alone was $81 rates are not based on income, those far away as Nova Scotia, North Caro- million, a formidable sum for the rate- who will be hurt the most will be those lina, and Michigan were sent to Maine payers of a small state. least able to afford it. to help with the effort. Approximately Mr. President, there is an erroneous Let me also emphasize that to use 3000 utility poles and three million feet belief in some quarters that because the money provided by this amendment of electric cable had to be replaced. All the CDBG money would be used to re- to rebuild our electric infrastructure of the poles in one ten-mile stretch build the electric infrastructure of in- does not require legislation to author- were down, cutting off power to a large vestor owned utilities, it will benefit a ize a new type of spending. That au- section of a rural county. In the words private corporation and its sharehold- thority is already found in existing of Maine’s Governor, it seemed like a ers. That is not the case. Under the HUD regulations. To quote the rel- huge monster had walked across the law, a utility earning less than its al- evant language, state deliberately stepping on all of the lowed rate of return, as is the situation CDBG funds may be used to acquire, con- electric lines in its path. with the two Maine utilities, is con- struct, reconstruct, rehabilitate, or install As if guided by a perverse force, the stitutionally entitled to pass along the distribution lines of privately owned Ice Storm of 1998 struck a region with prudently incurred costs to its rate- utilities. . . . some of the highest electric prices in payers. And there can be little doubt In short, this amendment provides the country. The rates in both Maine that the cost of rebuilding the system the funds to carry out an already exist- and the affected areas of New York are by which electricity is delivered to our ing program under circumstances 40% above the national average. Thus, homes and businesses is not only a pru- where that program is urgently needed without this federal assistance, the re- dent cost, but indeed, a cost that must by the citizens of our three states. building costs will fall on some of our be incurred. To give my colleagues a better under- country’s most heavily burdened rate- Let me make this point somewhat standing of the source of that need, I payers. differently. Without federal help, the would offer a description of the storm Some of the areas hit by the storm money to rebuild the system will not not in my words but in the words of were already economically distressed. come from corporate coffers. It will not ‘‘The President’s Action Plan for Re- Indeed, looking at the entire region, come from the pockets of company ex- covery from the January 1998 Ice one observer has concluded that the ecutives. It will not come from the Storm.’’ victims of the storm were predomi- dividends or equity of shareholders. nantly persons of low and moderate in- The storms of January 1998 will not soon come who, even without increased elec- Who will bear the expense? It will be be forgotten. . . . While ice storms are not the elderly widow who heats her mobile uncommon to the region, the system that tric rates, have been seriously harmed home with electricity and is already battered the . . . region in early January was by this disaster. struggling to pay her bills. It will be unprecedented. Below-freezing temperatures Mr. President, the two utilities serv- the small company that uses elec- combined with record rainfall to cover an ing the areas affected by the storm in tricity in its manufacturing process area extending from Western New York to Maine are not wealthy. Indeed, one has Maine with solid ice. . . . and is already fighting an uphill battle been wrestling with serious money The results were staggering. Massive tree problems, and the financial perform- because its power costs are 40% above limbs shattered under the weight of the ice, the national average. Indeed, it will be ance of the other has been mediocre at choking roads and trails with wood debris. best. virtually all Maine’s ratepayers, who Power lines snapped, leaving communities Furthermore, while they are private because we all use electricity, are real- without electrical power in bone chilling temperatures. At the height of the crisis, companies, they are also public utili- ly the same as Maine’s taxpayers. That ties. When the ice storm hit, they makes them the very people who have nearly 500,000 homes and businesses were without electric power. could not shut down operations. They paid their fair share to help defray the could not leave the state until times costs of natural disasters that have Of greatest significance is the follow- ing observation in the President’s re- were better. To the contrary, they had struck other regions. a legal and moral obligation to do Mr. President, let me dispel another port: ‘‘The single most critical concern whatever it took to restore power to potential misconception. This assist- is the loss of electric power caused by people desperately in need of elec- the storm.’’ ance will not result in special treat- tricity. While their performance will Let me supplement the description in ment for the citizens of Maine, New ultimately be judged by the State Pub- the President’s report with facts from York, and Vermont, but rather put lic Utilities Commission, there is no Maine. For at least some part of the them on an equal footing with people evidence that they made anything less storm, more than 800,000 people, or in other parts of the country. than a maximum effort to discharge To be more specific, it is well estab- seven our of every ten of our residents, their public responsibility. lished that federal emergency aid can lost power. In most instances, they Under these circumstances, should be made available to municipally went without electricity for days, last- the utilities be able to recover from the owned utilities and electric coopera- ing in some cases as long as two weeks. ratepayers the cost of rebuilding tives. Some might argue that ours is a When you contemplate this, keep in Maine’s electric infrastructure? I different situation, in that we are deal- mind that it occurred in the dead of would be hard pressed to say that ing with investor owned utilities. Once winter—not a Washington winter but a would be an unreasonable result, but in again, that argument would make Maine winter. the final analysis, my opinion is irrele- sense if the utility stood to benefit The storm spared no one. Not homes, vant. What matters, and the only thing from the relief. But it is the ratepayers not businesses, not public buildings. that matters, is that the law mandates who will be assisted by this amend- Schools across the southern half of the such a result. ment, and there is no reason why the State closed, causing some to cancel Mr. President, on a comparative victims of a natural disaster should be their winter vacations to make up part basis, Maine is not affluent, but its helped if they are customers of a mu- of the lost time. Even the National people have a generous spirit. They be- nicipal utility or an electric coopera- Weather Service in Gray, Maine lost lieve in helping their neighbors, wheth- tive but not if they are customers of an power for more than a week, during er those neighbors live across the investor owned utility. which time it struggled mightily to street or 3000 miles away. Mr. President, in the case at hand, track weather developments with a less They have gladly paid their fair the utilities are really like the post of- than fully reliable generator. For share to help their neighbors in Cali- fice. They deliver the bills; they do not many, the experience was like the fornia recover from earthquakes, to pay them. Without the CDBG money movie, ‘‘The Day the Earth Stood help their neighbors in the Midwest re- made available through this amend- Still.’’ Only it lasted far more than a cover from floods, and to help their ment, the people who will pay are day and occurred during the most dif- neighbors in the Southeast recover those to whom the bills will ultimately ficult time of year. from hurricanes. Their generosity has come—the ordinary citizens of Maine, The restoration of power involved a to not been limited to money, as they New York, and Vermont. And since, un- monumental effort taking 17 days. have sent men and women to fight for- like a progressive tax system, electric Twelve hundred utility crews from as est fires in the Northwest. They have S2536 CONGRESSIONAL RECORD — SENATE March 25, 1998 not split hairs over the precise source sult of poor planning on the part of the Mr. STEVENS. Mr. President, I move or nature of the harm. As long as the utilities. All of the affected utilities to reconsider the vote by which the ultimate victims of a disaster have built average annual storm damage amendment was agreed to, and I move been ordinary citizens like themselves, costs into their rate structure. How- to lay that motion on the table. they have stood ready to help. ever, the cost of this one storm was so The motion to lay on the table was Mr. Chairman, the situation has extraordinarily high, that it dwarfed agreed to. changed, and we are now the neighbor those set-asides. One company is facing Mr. STEVENS. Mr. President, as I in need of assistance. By making funds damage from this one storm equal to understand it, we will now move to available to help us defray the costs of eight times its annual budget for emer- amendment No. 2123, which is the rebuilding our electric infrastructure, gency repairs. This is not a cost that FEMA amendment. our neighbors will be treating us as we these companies can just absorb. The PRESIDING OFFICER. The Sen- have treated them. The need for emergency CDBG fund- ator is correct. Mr. LEAHY. Mr. President, I would ing is clear. I strongly support this AMENDMENT NO. 2123 like to join Senator SNOWE and my amendment and urge my colleagues to Mr. STEVENS. Mr. President, is this other Colleagues from the Northeast in do so as well. amendment before the Senate? thanking Senator STEVENS and Senator Mr. STEVENS. Mr. President, I sug- The PRESIDING OFFICER. Yes; the BYRD for agreeing to include emer- gest the absence of a quorum. Senator is correct. gency Community Development Block The PRESIDING OFFICER. The Ms. MIKULSKI. Mr. President, I rise Grant (CDBG) funding in the disaster clerk will call the roll. today to support this amendment to supplemental. This funding is des- The legislative clerk proceeded to the fiscal year 1998 emergency supple- perately needed to assist in recovery in call the roll. mental bill. areas where there are significant gaps Mr. STEVENS. Mr. President, I ask But first, let me extend my deepest in existing disaster programs. unanimous consent that the order for sympathies to those communities and On January 9, the Northeast was hit the quorum call be rescinded. families who have had to deal with the by an ice storm of an unprecedented The PRESIDING OFFICER. Without loss and anguish caused by the terrible scale. The storm downed trees and objection, it is so ordered. natural disasters over the last 6 power lines throughout the northeast. The Senator from Alaska. months. In Vermont, one power company alone Mr. STEVENS. Mr. President, the From the ice storms in New England replaced more than 50 miles of power pending amendment, No. 2122, is the that left thousands without power, to lines and 200 power poles. Crews came CDBG amendment; is that correct? the devastating floods in California, from as far away as Hawaii to aid in The PRESIDING OFFICER. The Sen- and the deadly tornadoes in Florida. the effort to restore power to the 10,000 ator is correct. Across this country in these States and people left without electricity for up to Mr. STEVENS. Mr. President, this in others, we have seen the destruction 11 days during what is traditionally amendment will provide $260 million and despair that nature can cause. one of the coldest months of the year. for emergency Community Develop- I know all Marylanders join me in ex- Damage to Vermont utilities was ex- ment Block Grants that will fund dis- tending our thoughts and prayers to tensive in the six counties declared dis- aster relief, long-term recovery, and everyone impacted by the recent disas- aster areas, with storm damage total- mitigation in communities affected by ters. Mr. President, this amendment will ing over $9 million. Of that, only Presidentially declared disasters that $552,648 was covered by FEMA. provide $1.6 billion to the Federal have occurred in this fiscal year, 1998. The storm was unique in the type of Emergency Management Agency to This funding is needed to supplement damage it inflicted—buildings, roads, meet its requirements for fiscal year funding provided through the more tra- and water and sewer systems were left 1998 and prior years. largely untouched, but electric utility ditional emergency disaster programs Mr. President, FEMA is the Govern- lines and trees were wiped out com- under the Federal Emergency Manage- ment’s ‘‘911’’ agency. It is crucial that pletely in some areas and suffered sig- ment Agency, FEMA, the Small Busi- FEMA have the resources necessary to nificant damage throughout the region. ness Administration, SBA, and the provide the type of response that our This is not the kind of damage tradi- Army Corps of Engineers. communities so desperately need. tional disaster programs were designed I have concerns about using CDBG I am pleased that we are finally pro- to address, as the ‘‘Blueprint for Ac- funds for emergency purposes, espe- viding this money as emergency tion’’ report FEMA produced after the cially since the Department of Housing money—off budget. As you know, the storm makes clear. According to that and Urban Development did not really VA–HUD subcommittee is annually report ‘‘the single most critical con- provide adequate data and accountabil- raided to provide funds for disasters in cern is the loss of electric power caused ity concerning the use of these emer- our emergency supplemental appro- by the storm.’’ gency CDBG funds in the past. Never- priations bill. The Community Development Block theless, this legislation is designed to Often, the result is that we have to Grant program is designed to provide ensure that funds go to disaster relief make decisions about cutting critical flexible funding to promote economic activities that are identified by the Di- programs at agencies like the VA, development. That is exactly the kind rector of FEMA as unmet needs that HUD, EPA, NASA or the National of assistance needed to repair the dam- have not been or will not be addressed Science Foundation to provide funds age to the power infrastructure in the by other Federal disaster assistance for the much needed emergency recov- Northeast. The most serious concern programs. ery efforts. raised by the damage to the utility sys- In addition, to assure accountability, Mr. President, this amendment also tem is the cost it will impose on all States must provide a 25 percent match provides $260 million for the HUD Vermont rate payers. At 11.29 cents per for these emergency CDBG funds and emergency community development kilowatt hour, utility rates in New HUD must publish a notice of program block grant—CDBG—account. This England are already 64% higher than requirements and provide an account- money will be used to provide funding the national average. This increased ing of CDBG funds by the type of activ- for several critical needs: cost of doing business is a significant ity and the amount of funding and the For disaster recovery needs in com- hurdle to attracting and keeping busi- recipient. munities that are not covered by nesses in Vermont. The cost of the Mr. President, I know of no opposi- FEMA, SBA or the Army Corps of En- storm damage is expected to force tion to this amendment. I ask for the gineers. some utility companies to seek further immediate adoption of this amend- This money is designed to fill the gap increases in electric rates. Any in- ment. for legitimate emergency needs. crease would be a serious blow to eco- The PRESIDING OFFICER. Is there Mr. President, I am a strong advo- nomic development throughout the re- objection? Without objection, the cate for fiscal prudence. I am also a gion. amendment is agreed to. strong believer in the notion that this The need for Federal assistance to re- The amendment (No. 2122) was agreed is a Government ‘‘of the people, by the cover from the ice storm is not the re- to. people and for the people’’. March 25, 1998 CONGRESSIONAL RECORD — SENATE S2537 The emergency funds provided with golf courses or to refurbish shrubbery he had a good amendment. I did not this amendment is our way in Con- in high-income communities, to facili- speak out on the floor, and I wish I gress, in a clear way, of working for ties associated with universities that had. That was on the underlying bill, the people. When people are suffering, already have impressive endowments which is about $3.3 billion. Now we are trying to rebuild lives, homes and com- and revenue-generating capabilities, looking at an amendment to expand munities, it is no time to be partisan. and to provide housing assistance to that bill by an additional $1.6 billion. I The citizens we serve deserve a swift, some who are really not in need. I real- ask the Senator from Missouri, is that decisive and effective response. ly hope that the administration will re- correct—$1.6 billion for FEMA? I am proud that we are working in a alize it must put controls on these ex- Mr. BOND. That is correct. The bi-partisan way with this amendment penditures if FEMA is to continue to amendment would appropriate an addi- to provide the resources necessary to get the support of the Congress. tional $1.6 billion for FEMA. ensure that the agencies responsible Moreover, Senator BOND, over the Mr. NICKLES. The reason I ask the can respond to the real needs of our last few years, has pushed FEMA to question is because I have heard this people. submit a legislative plan of reforms to figure bandied around the last few I urge my colleagues to support this control disaster costs. With some re- days. But anyway, FEMA did not re- amendment. luctance, FEMA did submit a proposal quest any money initially. This is a Mr. STEVENS. Mr. President, this for reforming the Stafford Act last late request. This is a late request, and amendment would replenish FEMA’s summer. The proposed amendments ad- the Senators from Missouri or Alaska disaster relief fund by $1.6 billion, as dress several very important areas, in- can correct me if I am wrong, this re- requested by the administration, con- cluding new incentives for mitigation, quest did not come in from the admin- sistent with FEMA’s current estimate streamlining the grant process, and istration when they were marking up of the additional funds needed to meet eliminating certain facilities currently the bill; this request just came in late- the fiscal year 1998 and prior year dis- eligible for disaster relief, such as I ly: ‘‘Oh, we need an additional $1.6 bil- aster requirements. said, golf courses. It is critical that lion for disasters that we think might So far this year, there have been this FEMA reform legislation be acted happen. And, oh, yes, we want to call it Presidential disaster declarations in 17 upon by the authorizing committees an emergency.’’ What does that mean? By calling it States and territories. These disasters this year, and I urge them to work with an emergency means there will be no include snowstorms, typhoons, torna- Senator BOND to enact these reforms. offsets. These emergencies have not does, flooding, and ice storms. Most of Meanwhile, while it is clear that we happened yet, but we are basically these disasters have been related to the expect and need reform of FEMA pro- going to take this $1.6 billion, and most weather phenomenon we now know as grams, we also believe that Congress of the money, I might mention, will be El Nino. must complete action on this disaster spent in 1999 and the year 2000, maybe While funds are currently available relief funding legislation as quickly as in the disaster relief fund, there are 2001. The money is going to be spent in possible, so that the disaster needs of the future, but, ‘‘Oh, we don’t have to not sufficient funds on hand to meet our communities can be met. the total costs which are estimated to put that in the budget.’’ I see the Senator from Oklahoma is I am on the Budget Committee, and stem from current disasters. In fact, here. I wish to state, I did reconsider we had an agreement. The President FEMA estimates it will need every the vote on the prior amendment. I did signed that agreement, and he said, penny currently in the disaster relief not know whether it was this amend- ‘‘Here’s how much money we are going fund to meet the existing cost projec- ment or the prior amendment that the to spend on discretionary accounts,’’ tions of more than $3 billion from the Senator wished to address. If he wishes and we passed it. The President in his disasters that have occurred prior to to address the first one, I will be happy State of the Union Address bragged fiscal year 1998. to withdraw that and bring it back to about how good that is: ‘‘Boy, now we Included in the $1.6 billion appropria- where the Senator can offer an amend- have a balanced budget. We are going tions request are funds for disasters ment to it. to have a balanced budget for a long which are also anticipated to occur in Mr. NICKLES. If the Senator will time because we worked together.’’ fiscal year 1998 based on the 5-year his- yield, I appreciate his willingness to do Well, this is voiding that agreement. torical average cost of disaster relief. that, because I am opposed to both This is saying, let’s take $1.6 billion for To date, FEMA disaster relief has been amendments. I do not find that to be the future and we are going to call it running very close to that 5-year aver- necessary. I will confine my remarks to an emergency and, therefore, we don’t age, despite the fact that a number of this amendment. My guess is the out- have to have any offsets—none. It is Senators and some people have raised come would be identical. But I feel just going to come out of, I guess, the questions about there being more dam- rather strongly about it. surplus. age that is caused by El Nino than has The PRESIDING OFFICER. The Sen- Guess what? The budget that we are been caused in recent years. ator from Oklahoma. going to be considering next week I support FEMA’s expeditious provi- Mr. NICKLES. Mr. President, I notice talks about the surplus. Senator sion of aid to many of the needy com- my colleague from Missouri is here. He DOMENICI did a very good job in work- munities that are stricken by disasters is in charge of the subcommittee with ing it through. Guess how much the and wish to be sure that the disaster responsibility for FEMA. He may want surplus is in the year 2000 when prob- fund is fully funded, but, as I stated to make some comments on this ably most of this money would be yesterday, I continue to be deeply con- amendment. Does the Senator from spent. The surplus is $1 billion. And we cerned about the cost of disaster relief. Missouri want to speak on this? are working on an emergency supple- Each year, we are seeing these costs Mr. STEVENS. I will say for the Sen- mental, if we adopt this amendment, rise exponentially, and the need for ator, I have just read his remarks. which will be over $5 billion and prob- cost containment now is paramount. I Mr. BOND. I thank the chairman. ably a couple billion of that will be urge the authorizing committees to Mr. NICKLES addressed the Chair. spent in the year 2000. In other words, look at these costs and determine if The PRESIDING OFFICER. The Sen- certainly if we adopt this amendment, there is some way to reduce the costs ator from Oklahoma. we are going to be spending 100 percent for these funds. In the last 5 years, we Mr. NICKLES. Mr. President, yester- of the surplus in 2 years. And we are have appropriated a staggering $18 bil- day Senator GRAMM had an amendment spending real money. lion to FEMA for disaster relief com- that said let’s fund the 1998 emer- I just don’t think we should do it. If pared to $6.7 billion for the prior 5-year gencies and we will call it an emer- FEMA wants to ask for this money, it period. Clearly, the costs associated gency; we don’t have to have an offset. should be in their budget. They come with disaster relief are growing out of That was the underlying bill. The un- before the appropriators. Senator BOND control. derlying bill had money for defense, does a very capable job in that sub- Unfortunately, we also have learned money for Iraq, money for Bosnia, committee. They can come up and say, over the past few years that disaster money for the so-called emergencies— ‘‘Here is the historical average; there- funds have gone to some facilities like weather-related emergencies. I thought fore, we should have a couple billion S2538 CONGRESSIONAL RECORD — SENATE March 25, 1998 dollars a year in FEMA for our budg- surplus in 2002. It means maybe our They did not give us that request et.’’ They have not done that. What budgets mean something. when we had the markup. They did not they are really trying to do is, ‘‘Hey, How in the world can you have a give us that request 2 weeks ago. But we want to get around the budget.’’ In budget and say we are going to have all of a sudden, they just determined a other words, we have a cap on discre- caps on discretionary spending and new need. The reason they determined tionary spending but we are not going then we say, ‘‘Oh, we’re going to fund a new need, in my opinion, is they said, to include FEMA, like it doesn’t count, in advance future emergencies, and, oh, ‘‘Hey, if this is an emergency, this will even though we have historical aver- yes, we’re not going to count that as give us more money to spend next year ages. part of the budget and it’s not nec- for other purposes.’’ I think that is I do not think we should prefund the essary to affect the caps’’? wrong. I think it is a serious mistake. account and call it an emergency. If we Domestic total discretionary spend- So I urge my colleagues to adopt our want to prefund it, fine. I am just say- ing increased from $274 billion in 1997 second-degree amendment and strike ing we should take the emergency des- to $288 billion in 1998. That is more the emergency portion of this future ignation off. We should not declare it than a 5 percent increase, and that is funding for FEMA. an emergency; it has not happened. for the year we are in right now. All I Mr. BOND addressed the Chair. Frankly, if we have an emergency in 3 am saying is if we are going to future The PRESIDING OFFICER. The Sen- months, FEMA will not be able to fund FEMA, it ought to be in the budg- ator from Missouri. spend the money until the year 1999, et. Mr. BOND. Mr. President, while I ap- preciate the concerns of the Senator and we won’t have an appropriations I do not object to adding $1.6 billion from Oklahoma, let me clarify one bill. Let’s go through the appropria- so FEMA will have the money, and if point that I think may be somewhat tions process. there is an emergency this year, they can pay for it; if there is an emergency confusing. The funding in this amend- AMENDMENT NO. 2131 TO AMENDMENT NO. 2123 next year, they can pay for it. But ment is to reimburse FEMA and to (Purpose: To ensure that additional funding what I am objecting to is having it cover costs for disasters occurring in for the Federal Emergency Management this and prior fiscal years, not in fu- Agency does not reduce the unified budget classified as an emergency in advance surplus) so there have to be no offsets. ture fiscal years. It would simply allow Mr. NICKLES. Mr. President, I send a I just think that if we are going to be us to begin fiscal year 1999 without an second-degree amendment to the desk, spending next year in total discre- enormous, outstanding disaster relief and I ask for its immediate consider- tionary spending, that it should be in- requirement. In particular, this $1.6 cluded and get away from this game of, ation. billion appropriation includes funds to The PRESIDING OFFICER. The ‘‘Oh, we’re only going to fund a few cover the costs of disasters anticipated clerk will report. couple hundred million dollars in to occur in the balance of fiscal year The legislative clerk read as follows: FEMA, and, oh, yes, if an emergency 1998. This amendment is not about ad- comes up, we will just declare an emer- vance funding, but is intended to pro- The Senator from Oklahoma [Mr. NICKLES] proposes an amendment numbered 2131 to gency and it doesn’t count.’’ I do not vide the necessary funding only for dis- amendment No. 2123. want to spend 100 percent of the sur- aster relief requirements for fiscal year Mr. NICKLES. Mr. President, I ask plus in 2000 on this bill. I think that is 1998 and prior years. The Senator from Oklahoma has ex- unanimous consent that the reading of a serious mistake. I urge my colleagues to allow the pressed his concern about the cost of the amendment be dispensed with. funding to go forward for FEMA, but The PRESIDING OFFICER. Without disaster relief. No one has been more let’s strike the emergency section of objection, it is so ordered. concerned about the cost of disaster re- The amendment is as follows: this bill so in the future years it will lief than I. In our subcommittee, we have to be paid for. We will have to in- have held a number of hearings focused Beginning on page 1, line 5, strike every- thing after the word ‘‘expended:’’. corporate that in our total amount of almost solely on FEMA reform and the spending so that our budget will mean exploding costs of disaster relief. In re- Mr. NICKLES. Mr. President, the es- something; so a budget that we are sponse to these hearings, we demanded sence of this amendment, I tell my col- going to be working very hard and that the administration and FEMA leagues, is it says that we allow the probably have several contentious and submit a responsible package of Staf- money to go in for an additional tough votes on, probably a good debate ford Act amendments. While FEMA has amount for disaster relief, $1.6 billion on in the next few days, will mean provided a package of FEMA reform to remain available until expended, pe- something. amendments, these are a difficult sell, riod. What I am deleting is the emer- It is a heck of a deal for people to be although we remain hopeful that the gency. The additional part of this saying, ‘‘Oh, yes, we’re fighting for a authorizing committees will work to amendment says that I am deleting balanced budget; oh, we can waive the implement these and other reforms. ‘‘provided these funds will be available budget, we can waive it in the future, I have been joined by my distin- only to the extent the official budget we don’t have to budget for emer- guished colleague and ranking member request for a specific amount includes gencies.’’ We should budget for emer- from Maryland, who had the great the designation of the entire amount of gencies. We should have truth in budg- privilege and high honor of chairing the request as an emergency require- eting. We should say, ‘‘Hey, this should this subcommittee previously and has ment defined in the Balanced Budget be included and it shouldn’t be exempt been an absolutely essential part of the Emergency Control Act of 1985,’’ and so from the budget.’’ committee deliberations. I will ask her on. I did not say anything about the $3.3 in just a moment to address some of In other words, I am striking the billion. I think Senator GRAMM was these. emergency section of this request. So right yesterday, but we did not touch I emphasize that we need to amend we can put the money in. If there is an that. Certainly if we are going to take the Stafford Act. We also need admin- emergency, by golly, FEMA has the it from $3.3 billion to over $5 billion, istrative changes. Nevertheless, at the money; it can pay it. So nobody should which is what we are getting ready to same time, these FEMA funds of $1.6 say, ‘‘Hey, you took money away from do—we started with an appropriations billion are needed now to meet current my emergency.’’ request from the administration that FEMA requirements. This appropria- What it does mean is, in the budget started around $2 billion, and the ad- tion is needed to ensure that we have next year we are going to have to in- ministration keeps sending amend- adequate funding for disaster relief. clude whatever portion of that $1.6 bil- ments up: ‘‘Oh, yes, now we have a lit- Nevertheless, there are a number of lion would be spent in 1999 in the budg- tle amendment; we want another $300 us who are very much concerned about et. We have caps to spend about $580 billion, some $260 billion, I think, for the cost of disaster relief. Each year, billion, I am going to guess, next year community block development we see the costs of disaster relief rising in the discretionary accounts. This is grants,’’ that was just adopted. ‘‘Now exponentially. The need for cost con- going to have to be part of it, or, in the we have another little amendment, $1.6 tainment is paramount. For example, year 2000, this will be part of it. This billion for FEMA; ‘‘oh, yeah, we would in the last 5 years, we have appro- means we still may be able to have a like that, too.’’ priated a staggering $18 billion to March 25, 1998 CONGRESSIONAL RECORD — SENATE S2539 FEMA for disaster relief, compared to I can tell you that this will not be what is in this year’s appropriation— $6.7 billion in the prior 5-year period. pretty. I can tell you that the disasters an urgent supplemental. This is the While I know we have had some major have occurred and that commitments need. It is not a made-up need; just like disasters in the last 5 years, we also have been made. The question is, will it was not a made-up disaster. We are had significant disasters in the pre- we, in this measure, replenish those living in the year of El Nino. And El vious 5 years. The costs are clearly out funds and carry through on the obliga- Nino is the weather event of the cen- of control. tions FEMA has made for this year? tury and has really triggered a variety As I have noted, for several years, I As we look to the future, I would love of natural disasters throughout the requested that FEMA submit a legisla- to see us get disaster relief under con- United States. As has been indicated in tive plan to control disaster costs. trol with an appropriate authorizing Senator BOND’s testimony, there have After cajoling and arm twisting, reform measure and also adjust the been 17 Presidential disaster declara- threats of reduced funding, FEMA fi- budget for regular and timely disaster tions this year in both States and ter- nally submitted a proposal for reform- appropriations. Disaster relief needs ritories. This $1.6 billion will address ing the Stafford Act last summer. The are running over $3 billion a year—to current needs and the total cost which proposed amendments address several some $3.6 billion a year. If we are seri- will be generated from the current dis- very important areas, including new ous about meeting FEMA disaster re- asters. These needs are certainly emer- incentives for mitigation, streamlining quirements in the future, I would love gency needs, just like over the last 5 the grant process, and eliminating cer- to see the budget take account of the years FEMA has incurred an average of tain facilities currently eligible for dis- needed $3.6 billion worth of FEMA dis- $2.3 billion in obligations each year; aster relief, such as golf courses. aster relief requirements each year. We and each year the VA Subcommittee This is how we must address the cost are not there yet, but I am committed absorbs the cost; and each year we take of disaster relief. It is far better for au- to getting FEMA disaster relief and it out of other Federal agencies within thorizing legislation to say what we disaster relief requirements under con- our subcommittee. are going to replace and for what we trol. Now, we do not take it out of agri- are going to provide assistance. It is Mr. President, I see my distinguished culture. We do not take it out of de- very difficult to address disaster relief colleague on the floor. I yield the floor. fense. We take it out of the 25 different issues after the fact when people come Ms. MIKULSKI addressed the Chair. agencies that are within the VA Sub- The PRESIDING OFFICER. The Sen- to the floor and there is a great out- committee. We have already given, and ator from Maryland. pouring of sympathy. I have been here, we have given over a number of years. I have done that, I have seen it. We Ms. MIKULSKI. Mr. President, I rise to support the Bond-Mikulski amend- We cannot continue to do it this way. have a T-shirt with it emblazoned on I support in the most enthusiastic ment and also to oppose the second-de- it. Once there is a disaster, people gree amendment offered by our col- and the most firm way the call of the come in and they have all of these league from Oklahoma. chairman, Senator BOND, for a new au- needs for disaster assistance. And I Mr. President, I want to support my thorizing framework on how we are might say that this body has been ex- colleague from Missouri, the chairman going to fund FEMA. tremely generous and, in some ways, of the subcommittee on appropriations Lots of times, because of compassion we have opened the floodgates. or empathy, we then often repair for FEMA, Senator BOND, in his re- Well, we are not talking with this marks about the need for the reform on things that might raise eyebrows. But amendment about what we would do in the funding of FEMA. in the midst of a disaster, no one wants the future. We are talking about re- Now, Mr. President, let me take a to say no to community need. When it quirements that have already occurred. few minutes to say that during the last comes to disaster funding, we cannot I strongly agree that in the future we 5 years FEMA has reformed itself. have it both ways. When the Clinton should limit disaster aid to those truly Prior to James Lee Witt becoming the administration has asked for a contin- in need, to people, to entities, to com- Administrator, FEMA itself in the way gency fund to handle these disasters munities that cannot protect them- it responded to disasters was a disas- and emergencies, it has been dismissed selves against disaster. If they are a ter. Each President—Mr. Reagan and as a slush fund. ‘‘Well, you can’t have profitmaking business, if they are a then Mr. Bush—often had to send in a a slush fund. We’ll do it as pay as you revenue-generating business, then let trusted aide to oversee whenever disas- go. Let’s see what the disasters are and them purchase insurance, let them ter affected a community because make it up in the urgent supple- take care of their needs in advance. We FEMA itself was so obsessed with a mental.’’ Well, now we are making it need to come in and help those who bunker, cold war, civil defense, hide- up in the urgent supplemental and at truly cannot help themselves. However, under-your-desk mentality for nuclear the same time we know that this isn’t until we do that, we have to do some- warfare, that it had not gone to a risk- the most desirable way to do it and thing to fund and to provide the re- based strategy to be able to respond to therefore need the authorizers to set sources for the commitments already the disasters that America faced. that policy. made. When Hurricane Andrew so dev- But I must say, the authorizers and If the Nickles amendment succeeds astated Florida that the response of the authorizing committees have not or if this amendment is not adopted, FEMA itself was a disaster, President given this the attention it deserves nor we are going to be facing in the VA– Bush sent the very able and talented have they had the same sense of ur- HUD Subcommittee a $4 billion lien Secretary of Transportation, Mr. Card, gency that is required when we meet against the bill. And there will be some to Florida because FEMA could not get disaster funding. So, therefore, for this very untenable choices. We are the it together to do the job. year, please pass the Bond-Mikulski ones, Senator MIKULSKI and I, who I think we are all agreed that now amendment; and also for this year’s have to take the first cut at funding FEMA has moved into being an appro- legislative session, give us a new au- the programs in the VA/HUD Appro- priate agency for the post-cold war era. thorizing framework, invite our par- priations Subcommittee. To be clear, It has focused on the domestic needs of ticipation, as well as the National Gov- without this amendment, it will be the American people. It has gone to ernors’ Association, as well as the Di- very difficult for us to even meet the being an all-hazards response agency rector of FEMA, and have a bipartisan President’s request for Veterans Ad- for not only natural disasters but any approach to how we are going to fund ministration medical care, which is $40 of the other kinds of disasters that it disasters in the future. But do not pe- million less than the fiscal year 1998 has faced. It has worked with Gov- nalize the other agencies within this level. We would be shorting veterans ernors and State agencies on three subcommittee because of the fact that medical care which is not acceptable. things: readiness and preparedness, re- El Nino and many other terrible situa- In addition, we would be forced to sponse, and then rehabilitation after tions have affected the American peo- make drastic cuts to low-income hous- that response—the three R’s of disaster ple. ing, including elderly housing, EPA, response. Our heart goes out to the people who and Superfund, as well as important Now, when we have responded, the have been hit by the ice storms in New space and science programs. need has spoken for itself. And that is England, and the horrendous tornadoes S2540 CONGRESSIONAL RECORD — SENATE March 25, 1998 that devastated Georgia and Florida. days ago, but it is an emergency now. Mr. GREGG. Will the Senator yield? There are these disasters. And if we are So here is another $1.6 billion. We just Mr. NICKLES. I am happy to yield to going to be in this, we have to have, had an emergency, too. We are going to the Senator. No. 1, a new authorizing framework; add $260 million on community devel- Mr. GREGG. Didn’t we say we were No. 2, adequate funds, and, No. 3, opment block grants. saving the surplus for Social Security? maybe we have to also come up with Let me read something from the Didn’t the President in the State of the new mechanisms where perhaps resi- committee report on community devel- Union say that surplus would be re- dents and businesses have a new insur- opment block grants. I was going to op- served in addressing Social Security? ance framework to be able to practice pose both. The vote will be the same. And if we undertake this procedure, self-help. But we cannot do this today This is from the committee report, and which is a request from the administra- on the urgent supplemental. I compliment the authors. tion—— What we can do is meet obligations The committee remains concerned about Ms. MIKULSKI. We can’t hear you. made which need to be obligations met. the Department of Housing and Urban Devel- Mr. GREGG. Soft-spoken. So I urge the defeat of the Nickles opment’s administration of $500 million in The question I was asking the Sen- emergency community development block ator from Oklahoma, didn’t the Presi- amendment, the support of the Bond- grant funding which was provided in fiscal Mikulski amendment, and then let us year 1997, Emergency Supplemental Act, dent, in the State of the Union, say we have a new authorizing framework. public law 105–18, June 12, 1997, last year’s were going to save the surplus until I want to thank the chairman of the urgent supplemental. This was an unprece- the issue of Social Security had been subcommittee for the way he has dented amount of emergency community addressed? Shouldn’t we be saving the worked hard on this. We look forward block development grant funding and it surplus for Social Security? Doesn’t to moving this legislation and meeting raised a number of concerns regarding inad- this proposal which has come up from the obligations that have been made, equate award procedures and accountability the administration essentially under- measures. Despite repeated requests by the mine that goal of saving the surplus for at the request, I might add, of Gov- committee, HUD has provided little or no ernors. President Clinton doesn’t make data regarding the funding procedures for Social Security? these up. For it to be a FEMA-declared emergency CDBG funds for the amounts of Mr. NICKLES. To respond to my disaster grant it has to come at the re- CDBG funds allocated by HUD to the States friend and colleague from New Hamp- quest of a Governor. and localities by the amount or activity. It shire, who also serves on the Budget I might add, when disaster hits, you is expected that by April 15, 1998, HUD will Committee, he is exactly right. The don’t know if it is a Democratic Gov- provide a summary of the procedures used President said we wanted to save every for allocating and awarding emergency penny of the surplus for Social Secu- ernor, you don’t know if it is a Repub- CDBG funds, a summary of all waivers made, lican Governor. We just know for all and a list of all grants by State, locality and rity, and right now we getting ready to Americans it requires the response of activity. spend it. the Federal Government. I compliment them for doing it. But My amendment, I might remind my The PRESIDING OFFICER (Ms. COL- the net essence is last year we gave colleague from New Hampshire who has LINS). The Senator from Oklahoma. community development block grants had some disaster, and several other Mr. NICKLES. Madam President, I $500 million in emergency funds, and States—I don’t want anybody coming appreciate the comments of both my HUD can’t account for it. We added to the floor and voting against this friends and colleagues. I had the pleas- $260 million this year, and in addition saying, ‘‘I need to fund my disaster be- ure of serving on this subcommittee we are adding $1.6 billion. In a period cause we had flooding,’’ or, ‘‘We had a with them. They do an outstanding job. now we are going to spend $1.9 billion, freeze,’’ or, ‘‘We had milk cows that Let me make a couple of comments. call it emergency, and say none has to needed assistance,’’ or whatever that Is this an emergency? I don’t think so. be counted as discretionary spending emergency might be, we put money in I have been informed that the adminis- under the budget. Almost all of this for the emergency. We put money in to tration requested this $1.6 billion yes- money will be spent in 1999 and the fund the emergency. terday. Wait, these disasters have hap- year 2000, probably 100 percent of it, We are just saying it has to be on pened for the last several months. They yet it is off budget, it doesn’t count. budget so next year we will have to requested this yesterday. Gravy train. Every penny of that is coming out of plug money in. We can’t get away with The Senate is in the process of mov- the surplus, every single penny. I heard the $300 million facade we have been ing an appropriations bill, and they are the President, ‘‘We will save that sur- doing under the Budget Committee and calling it an emergency bill. If the Sen- plus for protecting Social Security’’— under the Appropriations Committee ate was having ‘‘pay fors,’’ which we except for what he calls an emergency. and pretending we are funding things. probably should do, they wouldn’t be And we have a supplemental bill going All I am saying is go ahead, put the doing this, in my estimate. Maybe I am through and it has emergency designa- $1.6 billion in to take care of whatever wrong. I know in the past this commit- tion. Let’s pile on, let’s add some more emergency, but take the emergency tee has already made some changes on money, add $1.6 billion, make it $1.9 designation off so Congress will have to section 8 to pay for it. I compliment billion. live within the caps and hopefully still them for that. They gave us that request yesterday, have a surplus so we can save Social I am not faulting my colleagues on and we are going to submit to it. The Security. this subcommittee. I am faulting the managers of this bill will probably win Mr. GREGG. If I could continue that Senate, I am faulting the Budget Com- and so we are going to spend probably line of questioning, if you were to sup- mittee, because we have gotten this 100 percent of the surplus in the year port your amendment, you would be historical, sloppy budgeteering process 2000 in this bill on this amendment. protecting the surplus for Social Secu- for FEMA that we will be funding at The year 2000, the Budget Committee rity, or hopefully for Social Security, $300 million a year when it averages $2 did good work, but we have a $1 billion but at least this spending which is in- billion or $3 billion a year. surplus forecasted for the year 2000—$1 curred as a result of this proposal I agree entirely with my colleagues billion—and we are going to spend it would come under the budget process from both Missouri and Maryland. because we are calling it an emer- in the manner which would require it They say we need to reform the FEMA gency. be accounted for in the caps and there- funding process. That is exactly right. All I am saying, is that it is not an fore it would not impact the surplus. Maybe now that I have had a chance to emergency. Those funds should be allo- Mr. NICKLES. The Senator is exactly look at it, I can help you with that. Let cated and should be under the caps. We right. I appreciate the comment. us give it a little attention. We need to should pay for it. I want to pay for I yield the floor. give it attention. This is ridiculous. emergencies as much as anybody else Ms. MIKULSKI. Will the Senator For my colleagues who think we are in this room, but we should put it in yield? budgeting and we are real serious next the budget. This is a fraud on the Mr. NICKLES. I yield to the Senator. week, we are serious, except for when whole budget process to say emergency Ms. MIKULSKI. Let me understand we happen to call something an emer- spending, we are not going to count the consequences of what the Senator gency. This wasn’t an emergency 2 that for the future years. from Oklahoma is recommending. March 25, 1998 CONGRESSIONAL RECORD — SENATE S2541 If the emergency designation is re- we have a total amount of spending on what I said in that committee report. moved, the phrase ‘‘emergency des- domestic discretionary side. I have the The $500 million we appropriated for ignation,’’ then what are the con- 1997 figure of $288—it is more than that the CDBG emergency program in FY sequences to that? Does that mean we in 1999. 1997 was more than I recommended. have to find offsets? What would be the I might mention, between 1997 and This was for the disastrous flooding in consequences of following the Sen- 1998, it went from $274 to $288, an in- the Upper Midwest. I thought CDBG ator’s suggestion? crease of $14 billion that went into do- emergency funding was out of control, Mr. NICKLES. To respond to my col- mestic discretionary accounts. I don’t and, frankly, nobody has yet been able league from Maryland, the con- have the figure in front of me, what it to tell us where the money has been sequences would be this: We would ap- increases in the next year, but there spent. I wish that everybody who so propriate $1.6 billion for FEMA. There was $14 billion in increases. You only strongly supported and steamrolled the would be money in FEMA’s account to have outlays of about $600 million. passage of that emergency designation meet whatever emergencies might Somewhere in that $288 or almost $300 and that emergency CDBG funding arise. It also means that the money billion we have to find an offset. I would come and help us look through that is spent when spent in the year think we should do that. the debris of the accounting systems 1999 and the year 2000, which is when Ms. MIKULSKI. Which means it has and find out where the money went. the money would actually be spent, to come from another agency. But that does not change the fact would come under the caps. And we Mr. NICKLES. If I can respond, it that we have, in this measure, tried to have caps, we agreed to caps, we said would either come from within your establish for emergency CDBG funding here is how much money we will spend subcommittee’s budget or it could some criteria and some guidelines to on discretionary spending accounts. It come from some other budget. Some make sure that the money is not to- is $580-some billion. That money would budgets have been growing. I mention tally wasted. We say the money has to have to go in that amount. we had a $14 billion growth in domestic go to disaster relief activities identi- Ms. MIKULSKI. Where does the discretionary between 1997 and 1998. It fied by the Director of FEMA as unmet money come from? Is the Senator say- could be in the growth funds. We are needs that have not or will not be ad- dressed by other Federal disaster as- ing this would require us to identify only talking about maybe $600 million sistance programs. To ensure account- offsets? or $500 million per year. It could come ability, States must provide a 25 per- Mr. NICKLES. It would mean that it out of your subcommittee or out of an- cent match for these emergency funds would have to come within the total other subcommittee, but the point is it and HUD must publish a notice of pro- amount of money that we have on do- would be accountable. gram requirements and provide an ac- mestic discretionary spending caps. It We wouldn’t have something totally counting of the CDBG funds by the would be in that amount, several hun- extraneous to whatever budget agree- type of activity, by the amount of dred billion. ment we come up with. funding, and a listing of each recipient. Ms. MIKULSKI. I don’t understand The PRESIDING OFFICER. The Sen- That is our effort to get a handle on that. I appreciate the Senator’s in- ator from Missouri is recognized. depth knowledge of the Budget Com- Mr. BOND. Madam President, let me these things. The Senator from Oklahoma has mittee, but if I am a Governor, say, in get in on this very elucidating discus- identified a much larger problem. We California or Florida where the bulk of sion my colleagues are having. It seems need to get a handle on our disaster the El Nino disasters have occurred, to me that if the emergency designa- program. We have attempted to estab- what are you saying that we should do tion was taken off the FEMA amend- to fund? You say it is under the caps lish reforms. I lost out. I was steam- ment without offsets, I believe this bill rolled last year, and I am sure someday and all this. If we follow your sugges- would be subject to a point of order. In tion, do we or don’t we have to find off- we will find out where the money went. particular, we would have to come up But in response to emergencies, we sets for the $1.6 billion? with offsets of $1.6 billion in budget au- Mr. NICKLES. To respond to my col- come through again and again and we thority for the current year. Plus, we league, this year, 1997, we have domes- are very generous. For example, in also would have to offset the outlays. tic discretionary caps at $288 billion. July of 1995, we put in $39 million in If you are trying to take $1.6 billion What we will have to do is fund it with- CDBG funds for the Oklahoma City in budget authority out of a program 7 in that amount. To answer you specifi- bombing, which was a real disaster. months into the year, the impact on cally, if you wanted to stay on your That was put in as an emergency and it any one program would be devastating HUD baseline—you have a baseline, all was offset. and, in many cases, would defund the the other subcommittees have a base- Now, the problem of offsets is a prob- program. If there are programs with line—you would either have to fund it lem that we have faced every year. such offsets which my colleague can within your baseline, within your Over the last 3 and a half years, we identify where there is totally wasteful group, within your subcommittee, or if have offset the cost of emergencies out spending, we would be happy to discuss that wasn’t possible, you would have to of HUD section 8 housing reserves at a those offsets. Frankly, I don’t know of borrow from some other subcommittee, cost of some $10 billion. Last year any program from which we could take but the total would have to stay on the alone, Congress used $3.6 billion in ex- $1.6 billion in budget authority out of cap amount. cess section 8 reserves to pay for disas- Ms. MIKULSKI. That would mean this year’s appropriations in the cur- ter relief. finding an offset. rent fiscal year 1998. Madam President, the well has run Mr. NICKLES. Right. I agree with many of the things the dry. We are at the bottom. If you want Ms. MIKULSKI. To be clear, talking Senator from Oklahoma has said. He is to start throwing people out of publicly of baseline and living within caps, if we very eloquent. I look forward to going assisted housing and say that rather eliminate the emergency designation, into battle with him to trim down and than designate the FEMA amendment fund the $1.6 billion, it means we will to rationalize the emergency funding as an emergency, we are going to walk have to find $1.6 billion by taking process. We need a champion like the down the street and tell a sweet little money from some other account or Senator from Oklahoma. I really ap- lady in section 8 housing that we need some other agency or agencies; am I preciate him reading the plaintive to balance the budget, that we are correct in that? words we put in the committee report. sorry, but your section 8 assistance is Mr. NICKLES. Let me respond. I did not think anybody read commit- no longer valid and you have no hous- The $1.6 billion, in all likelihood you tee reports. I am deeply indebted to my ing—well, that is harsh and not accept- would have about, I will say, $600 mil- colleague for laying them out for the able. However, these are the kinds of lion next year and probably $600 mil- Senate, because nobody would have be- decisions we have to make. Neverthe- lion—— lieved me if I had read them. less, I am delighted to know that we Ms. MIKULSKI. Do we or do we not But this process of putting money will be working with the Senator from have to use offsets? into CDBG has gotten out of control. Oklahoma in an attempt to reform Mr. NICKLES. Madam President, you Frankly, what we said in the commit- FEMA programs and get FEMA ex- have to use offsets; $600 million in 1999, tee hearings was far stronger than penses under control. S2542 CONGRESSIONAL RECORD — SENATE March 25, 1998 I urge my colleagues to support a along and we are going to call this strike the $1.6 billion; it just says that motion, which I must regrettably thing an emergency and say, give us an the emergency classification will not make, to table the second-degree extra almost $2 billion so we can fund be in there. So for next year’s budget it amendment. I certainly want to give a lot of things that will be off budget, will have to live within the caps, and my colleague the opportunity to con- so we don’t have to live by the caps. for the following year it will have to clude, and the Senator from Maryland, Mr. STEVENS. Will the Senator live within the caps. That is the es- if she wishes. yield there? sence of my amendment, so we can help Mr. NICKLES addressed the Chair. Mr. NICKLES. I would be happy to. protect the surplus and maybe give The PRESIDING OFFICER. The Sen- Mr. STEVENS. When I was informed taxpayers some relief. ator from Oklahoma is recognized. that we were running out of money, ac- So that is my hope, and that is my Mr. NICKLES. Madam President, I cording to the projections for FEMA, desire. If there is going to be a motion appreciate the comments made by my and would be out of money if they met to table my amendment, I urge col- good friends from Missouri and Mary- all of the disaster requirements for fis- leagues to vote no on tabling the land. I do look forward to working with cal year 1998, I said we had to do some- amendment. them. thing about it but we would not do Mr. BOND. Madam President, I was We need to reform this program. A anything about it unless we got a re- preparing to move to table. But I won- lot of evidence is in need of reforming quest from the administration. That is dered whether my colleague was going this program because, in fact, we do why it came in yesterday. to offer a similar amendment to take not fund it but then every year we Mr. NICKLES. Do we have the re- the emergency designation off of the come up and start asking for more quest in writing? The staff informs me CDBG, and if he wanted to have one money. I want to tell my friend and that we do. I have not seen that. I vote serve for two—— colleague from Maryland something, would appreciate a copy of that. It is a Mr. NICKLES. No. The result would because I gave you half an answer. I heck of a deal. Here we are on Wednes- be the same. said that within the caps we would day, and this request came in on Tues- Mr. BOND. That would certainly ex- have to offset, although the caps have day to give us another $1.8 billion or pedite matters and allow us to express increased. There is one other option. If $1.9 billion, and we are just going to do ourselves. There will not be an effort to we breach the caps, the budget law it. For the life of me, if this is that change that. So this will be on the sec- calls for a sequester to offset. That is much of an emergency, you would ond-degree amendment to FEMA. how that would happen—one of those think James Lee Witt would have been Madam President, I move to table two ways. I wanted to make sure of working on every Member of the Con- and ask for the yeas and nays. that. That is my purpose. I think we gress saying, ‘‘We have to have this The PRESIDING OFFICER. Is there a should stay within the caps, so we can money.’’ He has not. sufficient second? keep more money to either pay down What I was hearing up until a week the debt, or if there is a surplus, we can or so ago is that they had enough. Now, There is a sufficient second. save Social Security or give taxpayers all of a sudden, they need $1.6 billion or The yeas and nays were ordered. relief, not spend more money. $260 million on Community Develop- The PRESIDING OFFICER. The I hate to work so hard on the budget ment Block Grant money, and we do question is on agreeing to the motion and come and say we are going to have not even know how they spent $500 mil- to table the amendment of the Senator a great big bill and spend billions of lion last year. They cannot even ac- from Oklahoma. dollars. This started at $2 billion, and count for that $500 million of the emer- The clerk will call the roll. now it is going to be over a $5 billion gency money last year. Yet, we are get- The assistant legislative clerk called bill. My colleague from Missouri men- ting ready to give another $260 million the roll. tioned that I read the committee re- plus $1.6 billion for FEMA. I think that Mr. NICKLES. I announce that the port. It said that in last year’s emer- is a mistake. I am told that there are Senator from Delaware (Mr. ROTH) is gency bill we spent $500 million, I tell no community block development re- necessarily absent. my friend from Alaska. We do not quests from the administration—none. The result was announced—yeas 68, know how they spent it. There may be a verbal request, but no nays 31, as follows: I compliment my colleagues that are written request. I am assuming that is [Rollcall Vote No. 42 Leg.] heading up the HUD subcommittee. what my staff is telling me. They did YEAS—68 They are trying to stay up with the not make the request, but we gave Akaka Dorgan Lugar housing people and say, ‘‘Where did them the money anyway. I know some Baucus Durbin Mack that money go?’’ It is not accountable. of my colleagues would like to have Bennett Feinstein McConnell Then I heard, ‘‘Well, we spent $500 mil- that money. Biden Ford Mikulski lion on rebuilding one hospital.’’ I ap- Bingaman Frist Moseley-Braun Mr. BOND. Will the Senator yield? Bond Glenn Moynihan preciate the fact when Oklahoma City Mr. NICKLES. I will yield. Boxer Gorton Murray had the Murrah Building bombing in Mr. BOND. The request for emer- Breaux Graham Reed 1995, which killed 169 people, we put in gency CDBG funds came from our col- Bryan Grassley Reid Bumpers Harkin Roberts $39 million. We also paid for it; we had leagues. If you wish to have all of them Byrd Hollings Rockefeller an offset. That was good. I might have speak to you personally, I would be Campbell Inouye Sarbanes supported it without an offset. happy to direct them to you. I can as- Chafee Jeffords Shelby But I think we ought to be within the sure you that the $260 million in emer- Cleland Johnson Smith (OR) Cochran Kennedy Snowe budget and try to fix this problem. We gency CDBG funding is significantly Collins Kerrey Specter ought to find out what happened to less than has been requested by our Conrad Kerry Stevens that $500 million Community Develop- colleagues in this body. Coverdell Landrieu Thurmond ment Block Grant money last year. I D’Amato Lautenberg Torricelli Mr. NICKLES. I am getting too many Daschle Leahy Warner do not like that. I would have opposed fights going at the same time. I have a DeWine Levin Wellstone the amendment. I was going to oppose nice engagement with Senator KEN- Dodd Lieberman Wyden the $260 million add-on for Community NEDY on a HCFA add-on that was put Domenici Lott Development Block Grant money. I am into the budget, which we will be vot- NAYS—31 bothered that the administration ing on later. And $1.6 billion is on the Abraham Grams McCain didn’t request this money until yester- floor now. That is enough. I am not Allard Gregg Murkowski day, if this was such an urgent need trying to anger Members; I am trying Ashcroft Hagel Nickles and we had to have this for these emer- to have a little bit of fiscal responsibil- Brownback Hatch Robb Burns Helms Santorum gencies. They came up yesterday. They ity. Coats Hutchinson Sessions had plenty of money a week ago. But Again, since FEMA did not make this Craig Hutchison Smith (NH) all of a sudden, now we need the request until yesterday, I cannot be- Enzi Inhofe Thomas Faircloth Kempthorne Thompson money. I cannot help but get the feel- lieve it is that urgent. But I remind my Feingold Kohl ing that they see a gravy train coming colleagues, my amendment does not Gramm Kyl March 25, 1998 CONGRESSIONAL RECORD — SENATE S2543 NOT VOTING—1 And the conference report has been United Nations and its affiliated agen- Roth filed with the House and Senate. But, cies and other international organiza- The motion to lay on the table the unfortunately, by an astounding dis- tions in fiscal year 1998. And that does amendment (No. 2131) was agreed to. play of administration priorities, the not include another $210 million that Mr. STEVENS. Mr. President, I move White House chose to block this reform American taxpayers are being de- to reconsider the vote by which the bill at the end of the first session of manded to pay for U.S. peacekeeping. motion to lay on the table was agreed this Congress after the House of Rep- And that all adds up to $1.110 billion. to. resentatives added one single provision So, it goes without saying that our Mr. FORD. I move to lay that motion protecting unborn babies from delib- friend, the U.N. Secretary General—I on the table. erate mass destruction. suppose in trying to be a little bit cute The motion to lay on the table was Amidst all of that, our able and dis- —in fact ended up both absurd and un- agreed to. tinguished Secretary of State was re- truthful. And I do hope that it was his Several Senators addressed the ported as having claimed that not pay- staff, not the Secretary General him- Chair. ing the United Nations would result in self, that came up with that quip. Be- The PRESIDING OFFICER. The dis- what she called a ‘‘shutdown of our na- cause, as I say, I have always regarded tinguished senior Senator from Alaska tional security policy.’’ That state- Kofi Annan as a sensible man. is recognized. ment, by a lady whom I admire and re- Nevertheless, it is a perfect example AMENDMENT NO. 2123 spect, surprised and saddened me, Mr. of the disingenuous, even dishonest ar- Mr. STEVENS. Mr. President, I ask President, because Madeleine Albright guments being floated to misrepresent for a vote on the pending amendment, is bound to know better than almost the United States of America, designed the amendment of the Senator from anybody else that U.S. national secu- to make us pay even more than what Missouri, Senator BOND. I urge adop- rity policy is run out of the White we are willing to or obliged to pay in tion of the amendment at this time. House, along with the State Depart- support of the United Nations. Clearly, The PRESIDING OFFICER. Without ment, which Madeleine Albright, of it is time for Congress to meet head on objection, the underlying amendment course, heads. And also it is run by the such outrageous charges from those of the Senator from Missouri is agreed Defense Department. who do not represent American tax- to. But, Mr. President, Congress has a payers. That is what my amendment is The amendment (No. 2123) was agreed critical role in all of this as well— intended to do. to. ‘‘this’’ being a tripartite system of gov- AMENDMENT NO. 2130 Mr. STEVENS. Mr. President, I move ernment that we have in our country. (Purpose: To recognize the generous support to reconsider the vote by which the The security policies of the United of United States taxpayers towards inter- amendment was agreed to, and I move States are not run by the United Na- national peace and security) to lay that motion on the table. tions, nor by the U.N. Security Coun- Mr. HELMS. Mr. President, I now The motion to lay on the table was cil, nor by Kofi Annan. Thus, holding call up amendment No. 2130 and ask agreed to. out a portion of U.S. funds for the that its text be read in full and the co- Mr. STEVENS. I ask unanimous con- United Nations in exchange for long sponsors identified. I hope the full text sent to set aside the pending amend- overdue significant reforms designed to of the amendment will appear in the ment so Senator HELMS may offer his strengthen the U.S. national security CONGRESSIONAL RECORD at this point, amendment. And I state to the Senate certainly will not result in a ‘‘shut- following which I shall continue my that this amendment will require a down of our national security policy.’’ discourse. rollcall in the not-too-distant future. It is not surprising, however, to hear The PRESIDING OFFICER. The The PRESIDING OFFICER. Without the familiar anti-American drumbeat clerk will report. objection, it is so ordered. out of the United Nations and from The legislative clerk read as follows: The distinguished senior Senator some of its members. I find it interest- The Senator from North Carolina [Mr. from North Carolina is recognized. ing that some diplomats at the United HELMS], for himself, Mr. LOTT, Mr. GRAMS, Mr. HELMS. I thank the Chair. Nations undiplomatically tossed Mr. GREGG, Mr. HOLLINGS, Mr. BYRD and Mr. Mr. President, I have an amendment around the name ‘‘deadbeat,’’ referring FAIRCLOTH, proposes an amendment num- at the desk that I want to call up mo- to the United States. In fact, the U.N. bered 2130. mentarily, but not at this minute. Secretary General, Mr. Kofi Annan, im- Mr. HELMS. Mr. President, I ask Mr. STEVENS. May we have order, plied as much in his March 9 New York unanimous consent that reading of the Mr. President? Times op-ed piece entitled, ‘‘The Un- amendment be dispensed with. The PRESIDING OFFICER. There paid Bill That’s Crippling the U.N.’’ The PRESIDING OFFICER. Without are 14 doors. If you want to talk, use I have a chart here showing that arti- objection, it is so ordered. one of them. cle by the Secretary General, and I The amendment is as follows: Mr. HELMS. Mr. President, I thank hope the people operating the cameras At the appropriate place in the bill, insert the Chair. will make that clear. the following: As I was saying, I, first, want to offer I like Kofi Annan fine. He has visited SEC l. UNITED STATES TAXPAYER SUPPORT TO- my personal assessment of some of the WARDS INTERNATIONAL PEACE AND me a number of times—one time re- SECURITY. red hot rhetoric coming from and by cently in my office in the last 10 days. (a) FINDINGS.—Congress finds that— critics of the United Nations, and even But in this piece, the Secretary Gen- (1) 8,500 men and women from the United from this administration, regarding eral made the absurd declaration, a States Armed Forces are currently serving the decision by the Congress to with- non sequitur, if I ever heard one. And I in and around Bosnia, and 44,200 men and hold a portion of the funding for the quote him: ‘‘Fiji has done its part. women from the United States Armed Forces United Nations until genuine reforms What about the U.S.?″ are currently serving in and around the Per- are implemented by the United Na- Well, Mr. President, the Secretary sian Gulf; (2) the Department of Defense has spent tions. I happen to know quite a bit General is a man, I must reiterate, $2,200,000,000 in fiscal year 1995, $3,300,000,000 about this as a result of my having whom I have regarded and have often in fiscal year 1996, and $2,973,000,000 in fiscal spent months and hundreds of hours in described as an honorable man. I year 1997 for the incremental costs of imple- painstaking negotiations with Mem- brought up his statement when he vis- menting or supporting United Nations Secu- bers of both the House of Representa- ited me in my office 2 weeks ago. rity Council resolutions for which the United tives and the U.S. Senate and the ad- And, by the way, Mr. President, just States received no credit at the United Na- ministration in coming up with a legis- for the record, Fiji’s United Nations’ tions; lative package to pay the so-called assessment for 1998 was precisely (3) as of March 1, 1998, the United States $47,636. The assessment for the United Federal debt totaled $5,537,630,079,097; ‘‘U.S. arrearages’’ to the United Na- (4) as of the date of enactment of this Act, tions in exchange for meaningful re- States, our country, on the other hand, the United States, according to an audit by form of the United Nations. was billed for $297,727,256. But that is the General Accounting Office, has spent That package of reforms passed the not the all of it. The U.S. taxpayers more than $6,400,000,000 in incremental costs Senate twice—once by a vote of 90 to 5. will pay a total of $901 million to the to the Department of Defense in and around S2544 CONGRESSIONAL RECORD — SENATE March 25, 1998 Bosnia for which the United States received is not handing over even more millions than what 29 countries pay, and it is no credit at the United Nations; and millions of dollars, the United Na- far more than what all the rest pay. (5) the President is now requesting an addi- tions and its members should be thank- Mr. President, 7 years ago I asked my tional $486,900,000 for United States deploy- ing the American taxpayers for their lifelong friend, Adm. Bud Nance, with ments in and around Bosnia and $1,361,400,000 whom I grew up in Monroe, NC, to as- for United States deployments in and around generosity for the past 50 years and the the Persian Gulf in ‘‘emergency fiscal year support of the United States, which sume the responsibilities of chief of 1998 supplemental funds’’; continues to provide it. I doubt that staff of the Foreign Relations Commit- (6) those funds are in addition to the Presi- anybody will seriously argue that the tee. Bud Nance had completed a distin- dent’s request for $1,020,000,000 in arrears for United Nations would even exist today guished 38-year career in the Navy. all assessed contributions to international had it not been for the United States Among other things, he was skipper of organizations, including a request for and for the generous support provided the U.S.S. Forrestal, an aircraft carrier $658,000,000 for United States arrears for by the American taxpayers through that had more sailors aboard than we United Nations peacekeeping operations; good times and bad times. So the pend- had people in our hometown. He later (7) in response to spiraling United Nations peacekeeping costs and excessively broad ing amendment stresses this obvious served as President Reagan’s Deputy mandates, the President on April 30, 1994, ap- truth and suggests that the United Na- National Security Adviser. But the proved Public Law 103–236, which in section tions tone down its crybaby rhetoric point is, Bud Nance, my friend, agreed 404 limits the payment of the United States and acknowledge the plain truth. The to serve his country and his friend— assessed contribution for any United Nations amendment also calls upon the United that is the way he put it—on one condi- peacekeeping operation to 25 percent of the Nations to adjust its peacekeeping as- tion. He would come and work as chief total of all assessed contributions for that sessments to reflect the 25 percent U.S. of staff if he received no pay. He did operation; support for peacekeeping costs that the not want to be paid a cent because, he (8) the United Nations continues to charge the United States for 30.4 percent of the Congress and the administration have said, his country had paid him well costs of United Nations peacekeeping oper- agreed to pay. while he was in the Navy and now he ations, despite Public Law 103–236; The amendment further asks that wanted to return something to his (9) the United Nations continues to de- the administration introduce a resolu- country. So he came. mand payment from the United States of the tion in the U.N. Security Council to re- The admiral and I learned, after he difference between 25 percent and 30.4 per- quire the United Nations to report the came, that no staff person in the Sen- cent of bills for United Nations peacekeeping total amount of money the United ate can hold a security clearance, operations; States has paid in supporting and/or which is essential for holding a job, un- (10) United States law prohibits payment of those amounts as arrears to the United implementing Security Council resolu- less he or she is paid at least a mini- Nations, and the United States is not obli- tions since 1990 and for the Secretary mum salary, just over $1,000 a year. gated to pay those amounts. of State to inform all United Nations Several years later Congress applied (b) SENSE OF THE SENATE.—It is the sense members of this report. the laws it forces the rest of America of the Senate that— Finally, the amendment requires the to live under to itself. It was made ap- (1) United States taxpayers should be com- President of the United States to detail plicable to Bud Nance, and we had to mended for their generous and unparalleled all actions taken by the United States give Bud a pay raise. It was forced support in maintaining international peace to carry out the aforementioned rec- upon him, and he was therefore paid and security through these additional con- ommendations. the minimum wage for being chief of tributions in support of United Nations Se- Mr. President, let me offer several curity Council resolutions, and that the staff with one of the Senate’s most im- United Nations should acknowledge publicly examples of why the pending amend- portant committees; that is to say, the financial and military support of the ment is essential. First, a scandalous Bud Nance earns $10,712 a year. That is United States in maintaining international situation in which the United States is all he earns. He does not want to ac- peace and stability; treated unfairly involves the assess- cept that. (2) the United Nations should immediately ment for regular operations of the In any case, when Bud Nance told me reduce the percentage that the United States United Nations. This past December, that the United Nations reduced the is assessed for United Nations peacekeeping the United Nations General Assembly assessment of 29 countries to just operations to 25 percent to reflect United voted to reduce the minimum assess- States law that limits assessments the $10,560 apiece annually, he reminded United States will pay to support United Na- ment a country must pay to be a mem- me that the minimum annual wage in tions peacekeeping operations. ber of the United Nations. They re- this country, the $10,712 the Senate (c) RECOGNITION OF UNITED STATES SUP- duced it from one-hundredth of 1 per- pays him, is more than these sovereign PORT.— cent, that’s 0.01, to one-thousandth of 1 countries pay in annual dues to the (1) REPORT BY THE SECURITY COUNCIL.—The percent, 0.001, and the Clinton adminis- United Nations. President should direct the United States tration went along with this giveaway. Mr. President, how about another ex- Ambassador to the United Nations to intro- Of course the U.S. assessment was not ample? Compare Russia’s 2.8 percent duce a resolution in the United Nations Se- curity Council, requiring that the Security reduced 1 cent, not a farthing, not a U.N. assessment, compare it with the Council publicly report to all United Nations penny. United States 25 percent assessment. member states on the amount of funds the Under this new formula, 29 countries And Egypt? Egypt is one of the largest United States has spent since January 1, now pay just one-thousandth of 1 per- recipients of U.S. foreign aid, and it 1990, in implementing or supporting United cent, .001 of the regular U.N. budget, will receive $2.1 billion in foreign aid Nations Security Council resolutions, as de- amounting to $10,516 a year for each of from the American taxpayers this year. termined by the Department of Defense. the 29 countries for the year 1998. Mr. Yet Egypt will pay just 69-hundredths (2) DEMARCHE TO SECURITY COUNCIL MEM- President, 41 other countries pay be- of 1 percent of the regular U.N. budget, BERS.—The Secretary of State should issue a tween two-thousandths of 1 percent, demarche to all member countries of the far less than $1 million. By the way, United Nations Security Council, informing that is .002, and .009, nine-thousandths Egypt voted against the United States them of the amount of funds, both credited of 1 percent. That is between $21,032 61 percent of the time in the United and uncredited, the Department of Defense and $94,647 of the regular U.N. budget Nations in 1997. has spent since January 1, 1990, in support of for 1998. Four countries pay one-hun- India, which will receive approxi- United Nations Security Council resolutions. dredth of 1 percent, that is .01 of the mately $143 million in foreign aid from (d) REPORT TO CONGRESS.—Not later than budget, U.N. budget, for an assessment the United States, that is to say the 45 days after the date of enactment of this of $105,163 each. Another 84 countries, American taxpayers—India will pay Act, the President shall submit a report to the Committees on Appropriations and Inter- like Red China, for example, which reg- just three-tenths of 1 percent of the national Relations of the House of Rep- ularly undermines U.S. interests in the regular U.N. budget. India voted resentatives and the Committees on Appro- Security Council, will pay less than 1 against the United States 76 percent of priations and Foreign Relations of the Sen- percent—less than 1 percent—of the the time in 1997. ate with regard to actions taken to carry out U.N. budget. But the American tax- So it is obvious that the United the provisions of subsection (c). payers, they will foot the bill for 25 States pays far more than its fair Mr. HELMS. Mr. President, instead percent of the U.N. regular budget, and share. And what about the U.S. support of complaining that the United States that is $297,727,256, or 28,312 times more for peacekeeping operations? The March 25, 1998 CONGRESSIONAL RECORD — SENATE S2545 amount that I mentioned earlier for represents hundreds of millions of dol- member nations within the United Na- this, $210 million, really is only a frac- lars that we do not owe and that we tions relative to the obligations of the tion of the amount the United States should never pay, and I respectfully U.S. arrearages and, as we go into the will pay for U.N. peacekeeping in fiscal suggest that somebody should inform future, relative to the obligations for year 1998. As a part of the 1997 appro- the international diplomatic corps that the payment of the operation of the priations for the Armed Forces, Con- the United States controls the U.S. United Nations and the payment for gress required the Pentagon to report Government purse strings, not the the international organizations for the on the costs incurred by the U.S. mili- United Nations. United Nations and the payment for tary in implementing or supporting All of which reminds me of Sam peacekeeping. U.N. Security Council resolutions. Ervin, that great Senator from North The fact is that the United States Heretofore, the U.N. payment by the Carolina, with whom I was honored to and the taxpayers of this country, to United States has been off the books serve a couple of years before he re- whom we answer, have been extremely and intentionally hidden from the tired. Senator Sam Ervin quoted a generous with the United Nations—ex- American taxpayers. This chart will be Latin proverb that seems apt. He said: tremely generous. We have undertaken very interesting to American tax- ‘‘Small gifts make friends; great gifts as a nation far more—far more—than payers, I think, because it has some make enemies.’’ And I can imagine our fair share of the costs of initiatives rather precise arithmetic, and I hope what Senator Sam would be saying if which the United Nations is pursuing, the camera can focus upon it. he were still sitting right over there, if and we are today undertaking far more The information on this chart came he were still around as a Member of the than is our fair share, both in South- from the official Department of De- Senate, about what little impact the west Asia and also in Bosnia. fense report for fiscal year 1997: United States has had on the oper- This supplemental appropriations $2,972,938,000 was stripped away from ations of the United Nations, in light bill has in it $1.9 billion, the purpose of the training and the readiness of our of the total amount of millions and which is to try to put our Defense De- U.S. armed forces and handed over to millions of dollars that we have paid to partment into a position of solvency, support the U.N. Security Council reso- the United Nations, especially since for lack of a better term, relative to lutions. This is nearly $3 billion, mind Americans are being smothered under a the costs of these peacekeeping mis- you, and it is in addition to the $5,531,793,429,306.24 Federal debt as of sions, so that we are not culling, drain- $902,102,000 the American taxpayers March 23. ing from our core defense establish- provided to the United Nations and its Some Americans would mistakenly ment, funds necessary to maintain that affiliated agencies and other inter- suppose that at least 25 percent of establishment in order to undertake national organizations, also, in addi- United Nations employees are Amer- these peacekeeping initiatives in two tion to the $334,780,000 that the Amer- ican citizens, since the United States areas where the United Nations has a ican taxpayers were forced to fork over provides 25 percent of the budget and primary role and has been one of the for U.N. peacekeeping in fiscal year that the United Nations headquarters primary promoters. That is why we are 1997. is in New York City. But only 7.1 per- pursuing this supplemental appropria- So, while the U.N. crybabies whine cent of U.N. employees are U.S. citi- tions. about not receiving enough of the zens. Surely it is obvious that the Con- But it is part of a larger picture, and American taxpayers’ money, the real gress needs to pass and President Clin- the Senator from North Carolina has truth is that the United States volun- ton needs to sign into law the U.N. re- outlined it and pointed out rather pre- teered more than three times what we forms that Senator JOE BIDEN of Dela- cisely the dollars involved and the were asked to pay; that is a total of ware and I negotiated and which were commitments we have made just in $4,209,820,000 to the United Nations in approved by this Senate last year by a these two areas. fiscal year 1997. That is almost $3 bil- vote of 90 to 5. I want to highlight a couple of lion which was taken off the books, Mr. President, I am going to close points, because I am very tired, as courtesy of the American sailors, sol- with one final thought. The adminis- chairman of the appropriating sub- diers, airmen and marines. It was tration spends a lot of time talking committee that has responsibility for taken from them in terms of what about how the United States has be- the U.N. accounts—I am very tired of should have been spent for their devel- come the indispensable Nation in the hearing this constant moaning from opment in defense of this country. post-cold war era, and I agree with New York, from members of the United Most Americans do not even realize that. But at the same time, the admin- Nations, about American arrears. Let’s that billions of dollars are being si- istration acts as if America is power- look at what those arrears are. phoned away from the shrinking U.S. less to act in our own people’s interest military budget to support the United unless the United Nations is calling the Only $54 million—$54 million—a Nations. In fact, most Americans have tune. Small wonder that so many small number in the context of the en- not the vaguest idea how much money Americans are confused about U.S. for- tire budget, although a big number in the United States provides for the eign policy and the direction this coun- the context of a small State like New United Nations. In 1995, the United try is heading internationally. Hampshire and certainly a very expen- States—that is to say the American No; let the record be clear—let the sive number for the people of New taxpayers—provided 30.7 percent of all record be clear—America is anything Hampshire because that is coming out of the United Nations peacekeeping but a deadbeat nation. The real prob- of our taxes—only $54 million goes to costs, far more than any other country. lem is an administration that has al- the operation of the United Nations of That may have seemed fair in the 1950s, lowed too many handout artists at the the alleged arrears that are presented but it is out of line today. That is why United Nations to go unchallenged in to us. Congress and the administration their arrogance. Mr. President, enough Of the total arrearage—and the de- agreed to scale back U.S. payments for is enough. bate is out there as to whether it is U.N. peacekeeping to 25 percent, and I thank the Chair, and I yield the $600 million, $900 million, or $1.2 bil- that is still far more than any other floor. lion—of that total arrearage, only $54 country pays. Yet, the crybabies con- Mr. GREGG addressed the Chair. million goes to operating accounts tinue to whine at the United Nations. The PRESIDING OFFICER. The within the United Nations. The vast But the United Nations ignores the Chair recognizes the distinguished Sen- majority of the balance—there are a will of Congress and continues to de- ator from New Hampshire. couple of international organizations mand—not anything courteous about it Mr. GREGG. Mr. President, I con- involved here—but the vast majority of at all—continues to demand that the gratulate the Senator from North the balance flows through the United United States pay the 30.7 percent of Carolina for his amendment, because it Nations to other nations to reimburse the peacekeeping costs. clearly outlines the problems which we them for their peacekeeping costs. The United Nations calls this extra have as a Congress with the representa- Let me list a few of these: France al- 5.7 percent add-on an ‘‘arrear.’’ They tions that we continue to hear from leges it is owed $151 million; Italy al- talk about arrearages, even though it the United Nations and some of the leges it is owed $62 million; Belgium, S2546 CONGRESSIONAL RECORD — SENATE March 25, 1998 $58 million; The Netherlands, $50 mil- United Nations. A basic element of The United States has paid out many lion; India, $47 million; Pakistan, $45 that reform package was that our times over in unilateral costs the so- million; Russia, $36 million. peacekeeping responsibility would drop called arrearages claimed by the So, of the arrearages that are alleg- from 30 percent to 25 percent and that United Nations to be owed by the edly owed by the United States, they our dues for the operational aspects of United States in support of the objec- do not go to the operations of the the United Nations would drop from 25 tives of the United Nations in both the- United Nations. So when I see a head- percent down to, hopefully, 20 percent, aters. line like was held up earlier by the at least 22 percent. The amendment by Mr. HELMS is Senator from North Carolina which We have not seen any action in that truth in international funding, truth in said we were undermining the United area, nor have we seen any action in international fundraising. Nations by our failure to pay these ar- the fundamental reforms which were We do not see much in the way of rearages, that is just poppycock. That alluded to, not specifically, but alluded contributions by other members of the is purely a statement of politics, not a to by the Senator from North Carolina Security Council to our operations in statement of substance. as to the management of the United either theater. The fact is that of the arrearages Nations, where American tax dollars The figures used by Mr. HELMS, some that are owed, should we end up paying are being used to hire the friend of a $6 billion or more in U.S. unilateral them in full under our definition of friend who happened to be the presi- outlays since 1990, compared to the what is ‘‘in full,’’ almost all that dent of some country somewhere; an trumpeted past due bill of $1 billion we money is not going to stay at the institution which is replete with dupli- supposedly owe to the United Nations, United Nations; it is going to flow out cation, bureaucracy, and, regrettably, provides the stark contrast—the stark to these other countries. in many instances pure old-fashioned contrast—the basic unfairness of the I think the question has to be asked, patronage. charge that the United States is some What part have these other countries American tax dollars are not being kind of debtor to the United Nations, played in undertaking the burden of accounted for. They do not have a sys- some kind of deadbeat, as it were, some our activities, for example, in Iraq? tem of telling us where they spent the kind of chiseler, as it were. Were they participants in the costs money. They do not have a personnel My mom used to keep boarders back that we just incurred as a nation, system that can tell us whom they in the coal mining community. And we which were dramatic, in Iraq? The hire, and they do not have a system took on boarders who came to our present estimate of the Iraq costs, I which can tell us how their programs house. I often listened to a new boarder think, is somewhere in the vicinity of are being delivered and what the over- for a few minutes. From time to time I $4.6 billion to our Defense Department head of those programs is. So we asked would say to the woman who raised in order to try to contain Saddam Hus- for that as a condition for paying any me—‘‘He’s going to beat you out of sein, and this was purely—purely—a further arrearages. None of this has your board bill. That man won’t pay U.N. initiative and effort. We were been met. you.’’ And I was amazed in so many in- there flying under the flag of the I come here with the same frustra- stances to find, to my chagrin, that United Nations, although our country tion as that of the Senator from North that man would not pay his board bill. obviously bore the biggest responsibil- Carolina and, I think, the Senator from He was a chiseler. That is what we are ity, because we are the most capable West Virginia as a cosponsor of this, portrayed to be—chiselers; deadbeats— military power in the world. and he is certainly a much more elo- we will not pay our dues; we will not quent spokesman on issues like this But to the extent we were there, we pay our arrearages. were picking up this ticketed cost of than I am. But I, like many Americans, The United States has been bailing $4.6 billion to date, and it goes up every am saying, how can they continue to out the rest of the United Nations for day. How much of that cost did these come to us and say, ‘‘Give us more,’’ years now. Take the United States out other nations, which are claiming that when they are not giving us credit for of the United Nations, what do you what we have already done? we are in arrears on peacekeeping and have left? What is there left? The other The American taxpayer has a legiti- that they want us to pay them, pay members of the United Nations, in fact, mate complaint here. The amendment for? How much of that cost? Well, of the Senator from North Carolina is a owe the United States. They owe us a France did not participate and has not way to try to raise the visibility of massive back bill for military oper- participated in this most recent Iraqi that complaint. I congratulate him for ations and funding. The first question that was ever buildup, to my knowledge. Italy did it, and I hope we will adopt it. I yield asked in the history of the world, in not participate. Belgium did not par- the floor. ticipate. The Netherlands did not par- Mr. BYRD addressed the Chair. the history of the universe, in the his- ticipate. India did not participate. The PRESIDING OFFICER. The tory of all creation, the first question Pakistan did not participate. Russia Chair recognizes the distinguished sen- that was ever asked was when God did not participate. So, essentially, ior Senator from West Virginia. walked through the Garden of Eden, in they are asking us to pay twice. They Mr. BYRD. I thank the Chair. the cool of the day, searching for Adam are saying first we have to pay these Mr. President, I strongly support the and Eve. peacekeeping arrears to them, and then amendment offered by the senior Sen- They had forfeited—they had for- we have to go out and keep peace for ator from North Carolina. The adminis- feited—their right to that everlasting them in Iraq. tration has been on a nonstop cam- life in that garden of bliss, a virtual At some point, the American tax- paign to color the Congress as irrespon- paradise, by eating from the Tree of payer starts to scratch his or her head sible chiselers on U.N. dues. At the Knowledge in violation of God’s warn- and say, ‘‘Hold it. You know, this is same time, however, we are forking ing not to do so. So God came looking our money. We recognize we have a re- over emergency money for Bosnia oper- for them in the cool of the day. God sponsibility to the United Nations, but ations and for Southwest Asia oper- asked that first question: ‘‘Adam, don’t try to make fools of us.’’ And ations in this bill that amounts to where art thou?’’ They had hidden that is the concern. The concern is nearly $2 billion. themselves from Him. ‘‘Adam, where that we are being asked to pay a dis- It was the present NATO-led oper- art thou?’’ proportionate share of the burden of ation that bailed out the embarrass- Mr. President, we might well ask the the peacekeeping activities of the ingly bad failure of the United Nations other members of the United Nations, United Nations today in Bosnia and in to keep the peace in Bosnia which had ‘‘Where were you when we were in the Iraq, and we are not getting any credit witnessed a modern version of the Hol- hot sands of the gulf, when we had sent for it. ocaust. It was the U.S. military oper- our men and women away from their To the credit of the Senator from ation, exclusively in Southwest Asia, homes, away from their firesides, away North Carolina, he worked very hard to that gave teeth to the U.N. Secretary from their children, away from their reach an agreement on how these ar- General’s negotiations with Saddam loved ones to take possible action to rearages should be managed as part of Hussein, a fact readily admitted by protect you and yours? Where were an overall reform package for the U.N. Secretary General Kofi Annan. you? Where were you?’’ March 25, 1998 CONGRESSIONAL RECORD — SENATE S2547 Mr. President, the time has come for payers have spent to date in and rently are billed for 25 percent of the the administration to cool down—cool around Bosnia. We will receive no cred- entire U.N. operating budget and 30.4 down—it’s hot rhetoric on the matter it for the emergency funding of an ad- percent of the peacekeeping budget, al- of the so-called arrearages by the ditional $487 million for the Bosnia though the United States now pays 25 United States. The time has come to mission and the $1.4 billion for U.S. de- percent, as I mentioned, in accordance see the forest—not just the trees—on ployments in the Persian Gulf that the with a law passed by, again, a Demo- the matter of who is fulfilling the re- President is asking for in this bill. cratic-controlled Congress and signed sponsible role—the responsible role—of As we all know, our troops are in the into law by President Clinton. international leadership against ag- gulf to enforce U.N. Security Council Currently, those bills total more gression. Resolution 687 on Iraq. But that does than $600 million annually. In contrast, I commend the Senator for his not mean that we will get credit for Saudi Arabia, Kuwait and China— amendment. I thank him for allowing our contribution at the United Na- which has a veto in the Security Coun- me to be a cosponsor of it. I hope that tions. And while we do need to settle cil—only pay about 1 percent of the en- it will get a big vote in this Chamber our disputed arrears to the United Na- tire U.N. regular budget. The floor of so that a clear message is sent to the tions, Mr. President, we should not be assessment levels was just lowered whiners—to the whiners—both in New myopic. The U.S. taxpayers are doing from .01 percent of the U.N. operating York and down Pennsylvania Avenue far more than just pulling their weight budget, from about $106,000 a year, to on this whole issue. in the international community. .001 percent, or under $11,000. So each Mr. President, I yield the floor. Mr. President, this amendment is contribution from those nations will The PRESIDING OFFICER. The necessary to ensure that all U.N. mem- not be enough to even cover one-tenth Chair recognizes the distinguished Sen- ber states are aware of the great sac- of the salary of one of their highly ator from the great State of Min- rifices that the American taxpayers are priced bureaucrats. It will only pay nesota. making to support U.N. Security Coun- about one-tenth of the salary of one of Mr. GRAMS. Thank you very much, cil resolutions since U.N. bookkeeping their bureaucrats at the United Na- Mr. President. Mr. President, I also rise today to obscures the facts. tions. That is all they pay. First, the amendment states that Despite this fact, each member of the support this amendment. The United U.S. taxpayers should be commended States has been called a ‘‘deadbeat’’; it United Nations has one vote on budget for their generous support in maintain- has been called a ‘‘bully’’ at the United issues. In addition to the assessed pay- ing international peace and security; Nations. The United States has been ments I just mentioned, the United the United Nations should publicly ac- accused of being ‘‘heavy-handed’’ and States voluntarily and generously con- knowledge this support and imme- not doing its ‘‘fair share’’ for the inter- tributes hundreds of millions of dollars diately reduce the U.S. peacekeeping national community. The United to programs like UNICEF, UNHCR, and assessment to 25 percent that is in ac- States has been berated and belittled the U.N. Voluntary Fund for Victims of cordance with U.S. law. at every turn by many of the countries Torture. So, Mr. President, the United Second, it calls on the President to that have been benefiting most from States pays more than its fair share for direct the U.S. Ambassador to the U.S. generosity—both in terms of secu- world peace, stability, and humani- United Nations to introduce a Security rity guarantees and also in terms of tarian efforts. Council resolution requiring the Secu- That being said, we do need to settle economic assistance. Mr. President, America bashing is a rity Council to report to all member our disputed arrears to the United Na- popular pastime at the United Nations, states on the amount that the United tions. We did engage in good-faith ne- and this administration is doing noth- States has spent supporting U.N. Secu- gotiations with the administration, ing to stop it. In fact, this administra- rity Council resolutions just since Jan- and we made a deal on the U.N. reform tion has been contributing to the feed- uary 1, 1990, as determined by the De- package. The Senate, with the full sup- ing frenzy by trying to undercut the partment of Defense. port of the administration, passed this terms of the U.N. reform plan instead Third, it requests the Secretary of bipartisan legislation twice—by a 90–5 of standing by the deal that it helped State to notify all members of the Se- rollcall vote and again by unanimous negotiate. If this administration is en- curity Council on the amounts—both consent. The only thing that prevented couraging anti-American sentiment at credited and uncredited—that DOD has this agreement from becoming law was the United Nations in order to gain le- spent supporting U.N. Security Council a dispute over an unrelated issue. verage with Congress to water down resolutions, again, just since January This administration then decided to the reforms, well, it is unconscionable 1, 1990. forgo nearly $1 billion for the United and it is not going to work. And, fourth, Mr. President, it re- Nations and $3.5 billion for the IMF so Mr. President, this administration quires the President to report back to it could preserve the ability for U.S. has been so weak in defending the the appropriate committees in the grant recipients to lobby foreign gov- honor and the reputation of the United House and the Senate within 45 days on ernments to liberalize their abortion States at the United Nations, and so the efforts to carry out these steps in laws. negligent in highlighting the great this amendment. Mr. President, Secretary Albright re- contributions that America is making Now, I do not know how far this cently said that failure to pay the U.N. to promote international security, that amendment will go toward getting the arrears would result in a ‘‘shutdown of we feel compelled to direct the admin- U.S. taxpayers the recognition that our national security policy.’’ I must istration to do so with this amend- they deserve for U.S. support of the admit, I was somewhat taken aback by ment. United Nations, but I do hope it will that statement, as I was not aware Now, while the United States is being put the U.S. arrears in perspective. that this administration had officially called a ‘‘deadbeat’’ regarding its inter- Both the administration and the Con- subcontracted our national security national obligations, well, the facts say gress agree that the U.S. owes only $54 policy to the United Nations. something quite different. The United million to the U.N. regular budget and Indeed, I will fight to make sure that States may owe arrears to the United $658 million for peacekeeping expenses. it will never happen. But if the United Nations, but that is only because the Now, that is $712 million. You compare States truly is suffering a loss of pres- United States received no credit at the that to the nearly $3 billion the De- tige and effectiveness in the global United Nations for the $2.97 billion partment of Defense spent in fiscal arena because of our U.N. arrears, as that U.S. taxpayers spent in fiscal year year 1997 alone—we spent more than the administration contends, then it is 1997 implementing U.N. Security Coun- four times that amount last year irresponsible for this administration to cil resolutions—again, nearly $3 billion alone—implementing U.N. Security jeopardize our security interests and of U.S. taxpayer money to help imple- Council resolutions. influence for domestic political consid- ment U.N. Security Council resolutions Mr. President, throughout the his- erations. last year alone. tory of the United Nations, the United I hope that in the near future Con- We received no credit for the more States has always been its most gener- gress will pass the U.N. reform package than $6.4 billion that the U.S. tax- ous donor. American taxpayers cur- and the President will sign it into law S2548 CONGRESSIONAL RECORD — SENATE March 25, 1998 so we can put this small matter of the matter is there are certain things that still want to do it, because it is in your disputed arrears behind us. Regardless are U.N. sanctioned and there are other overwhelming interest and it is in the of the fate of that legislation, I also be- things that are U.N. administered. world’s interest.’’ lieve it is important that we pass this When folks wear blue helmets, every- The no-fly zone in Iraq. We have used amendment so that the rest of the body gets repaid. When they are not an attenuated rationale—which I think world will be aware of what we all wearing blue helmets, they do not get we should have—to enforce the no-fly know, and that is the huge sacrifice repaid unless it is a chapter 7 under- zone. We are paying for the bulk of that the United States taxpayers make taking administered by the U.N. I will that, the United States of America. It to support U.N. Security Council ac- not bore my colleagues with the details is not because the rest of the world is tivities. that relates to, but let me say we are saying, go in and enforce the no-fly Thank you very much, Mr. President. not the only country who has acted zone. Half the United Nations might I yield the floor. unilaterally under the cover of or with say, don’t enforce the no-fly zone. The The PRESIDING OFFICER. The the sanction of a U.N. resolution. reason they do not want to pay, the Chair recognizes the distinguished sen- There are other countries who have reason it is not a blue helmet oper- ior Senator from North Carolina. done so and have not been reimbursed ation, they could not get the United Mr. HELMS. I thank the Chair. for their contributions, from France to Nations to go along. Mr. President, I thank the Senator Germany to Great Britain. Here is a case where we believe it is for his remarks, as I do Senator GREGG, For example, in 1994 voluntary ex- in our overwhelming naked self-inter- and particularly Senator BYRD, who is penditures by France amounted to est to enforce the no-fly zone, because always eloquent. $747.5 million, for which they did not oil in that region of the world is as big Now, Mr. President, I want to be sure seek reimbursement; Italy, $347.7 mil- a deal to us as it is to the rest of the that all of the cosponsors are identi- lion, et cetera. We by far and away are world. Granted, it benefits the whole fied. I ask unanimous consent that the the biggest of the contributing non- world, but we are big boys. We have to distinguished majority leader, Senator credit-given countries in the United grow up. We have to understand there LOTT, be listed as a cosponsor, as well Nations, I acknowledge that. And I are certain times when we do things as Senator GREGG, Senator GRAMS, think we should be doing what the Sen- and expend money that incidentally Senator HOLLINGS, Senator BYRD, Sen- ator from North Carolina is saying: We benefits other people but we would do even if the United Nations was not ator FAIRCLOTH, and Senator should make it clear, in part to our ASHCROFT. around. folks as well as the rest of the world, So the technical distinction that is The PRESIDING OFFICER. Without that we do a great deal more than we objection, it is so ordered. made in reimbursement is between—to get credit for. overstate it in the interest of time—a Mr. HELMS. Mr. President, I ask for I further say that we could amend— blue helmet being worn and us going in the yeas and nays. and I am not going to —we could The PRESIDING OFFICER. Is there a and doing it with the sanction of the amend this resolution to ask the world sufficient second? There is a sufficient United Nations, saying, ‘‘OK, we have a body to understand that there are second. resolution that says it is OK to do other tens of billions, hundreds of bil- The yeas and nays were ordered. that.’’ There are two different deals. Mr. HELMS. Are the yeas and nays lions, we spend that are not under any So we should do what is being pro- ordered, Mr. President? U.N. auspices, that are done for the posed. I am voting with my leader on The PRESIDING OFFICER. The yeas good of the world, that we get no credit this issue. He is correct. But let’s not and nays have been ordered. for. get carried away, as I respectfully sug- Mr. BIDEN addressed the Chair. It is true we do not get sufficient gest my friend from Minnesota maybe The PRESIDING OFFICER. The Sen- credit. But I respectfully suggest that has in terms of how, (a), the adminis- ator from Delaware. it should not be confused with whether tration has done nothing to make clear Mr. BIDEN. Mr. President, par- or not we owe or do not owe what we our contributions, and (b), that some- liamentary inquiry. Was there a unani- agreed to under the deal we signed up how this is the same as what is owed by mous consent for a time to vote? If not, to when we joined the United Nations. us and we are trading apples for apples. I would like to speak for 3 minutes on I make a distinction here. No state re- They are apples and oranges. Maybe we this amendment. ceives credit against assessments for should change the way the charter The PRESIDING OFFICER. The unilateral activities in support of U.N. reads. Maybe we should change it to Chair recognizes the distinguished Sen- security council resolutions which rep- say, ‘‘Anything done under the guise ator from Delaware. resent a majority of the U.S. cost in- of’’—or ‘‘under the umbrella of a U.N.- Mr. BIDEN. I thank the chairman of curred during the period my friend sanctioned operation should be given the committee for accommodating one from Minnesota is talking about. credit for.’’ Maybe we should say that. of my concerns that I expressed Again, I will ask unanimous consent I am not sure we want to say that, be- through staff on this amendment that a written statement be printed in the cause we may find a lot of folks in- he changed. RECORD to explain in more detail the volved in things we do not want to I agree fully, as the Senator knows points I know my colleagues under- have to contribute to but maybe we from our many discussions on the stand but maybe the public at large, should. But it does not say that now. United Nations and some disagree- listening to the truncated debate on That is not the way it works now. ments relative to the United Nations, my part, may not understand. Mr. President, I compliment my that I, like he, believe we do not get For example, let me conclude with friend, and I do not disagree with the sufficient credit. He may remember the this. Italy just spent a lot of money on underlying thrust of what my friend debate we had in the committee where Albania under a U.N.-sanctioned reso- from Minnesota is saying, that we do I found myself at odds with some of my lution. Now, Italy did it because if Al- not get enough credit. We do not get colleagues who share my view that we, bania goes bad, Italy is in trouble. enough credit. If we do not get up there in fact, owe a good deal of money and Italy has a real problem, a serious and beat our chest a little bit about should pay it. problem. It was in their overwhelming what we are doing, sure in the heck, no I take issue, for the record, with my interest to see to it that things did not one else will give us credit for it. I friend from Minnesota about his char- deteriorate more than they did in Alba- think it should at least be done now in acterization of what a terrible job the nia. So the rest of the world did what part, quite frankly, and you might con- administration has done. I do not be- they always do with us—they kind of sider this typically—my friend from lieve that is the case. I believe that stood by a little bit, and we held Italy’s North Carolina would be too polite to Secretary Albright, when she was at coat, in effect, and we said, ‘‘OK, you say this—kind of a typically Biden the United Nations, and others have go ahead, you go ahead and spend that view of this thing in the following re- never failed to point out the extent of money. We know basically it is in your spect: I think it is important to do this our involvement. interest. You would want to do it even now, because we haven’t paid. I do not think we should confuse ap- if there were no U.N. resolution au- In other words, I am so upset about ples and oranges here. The truth of the thorizing you to do that. You would us not having met our obligations that March 25, 1998 CONGRESSIONAL RECORD — SENATE S2549 we signed on to, coupled with the dam- tivities as well as the Department’s efforts against assessments for unilateral activities age I think it is doing to our ability to to seek reimbursement for these activities. ‘‘in support of’’ UN Security Council resolu- get other things that are in our naked Sincerely yours, tions, which represent the majority of U.S. self-interest done in the United Na- WALTER B. SLOCOMBE. costs incurred during this reporting period. Enclosure: as stated. Information regarding billings and reim- tions, that at least this might, by ad- REPORT TO THE CONGRESS FOR THE FOURTH bursements for the fourth quarter of fiscal vertising what we have done, sort of QUARTER, FISCAL YEAR 1997 IN COMPLIANCE year 1997 is provided below. Data on reim- take the stinger out of the rhetoric WITH SECTION 8091, DEFENSE APPROPRIA- bursable support are divided into two sec- that is going around up in the United TIONS ACT OF 1997 tions. The first section accounts for the pro- Nations that we do not do anything, The DoD Appropriations Act for 1997 (Act) vision of defense articles and services. The that we are the bad guys, we are the requires the Secretary of Defense to submit Department of Defense submits bills to the pariah, we are the total deadbeat. That a report at the end of each quarter indicat- U.N. for these articles and services on a is one of the reasons why I am glad we ing ‘‘all costs (including incremental costs) monthly basis. The second section identifies incurred by the Department of Defense (DoD) reimbursements to the United States Gov- are doing it. ernment for troop contributions to a U.N.- I do not think we should confuse during the preceding quarter in implement- ing or supporting resolutions of the United mandated and assessed peace operation. The what we have done in other areas, and Nations Security Council.’’ The data in- United Nations reimburses troop contribu- I will list for the RECORD what they cluded herein are provided in response to sec- tors for specific United Nations peacekeep- are. I am sure my colleagues already tion 8091. ing operations on a periodic basis depending know how we get to the $2,972,938,000. The Defense Finance and Accounting Serv- on the availability of funds. No troop-con- They are: Former Yugoslavia and Iraq ice (DFAS) compiles incremental costs asso- tributing government submits bills for troop operations, including Able Sentry, ciated with United States military oper- reimbursements. Rather, the U.N. reim- ations based on data provided by the mili- burses governments on its own initiative Deny Flight, IFOR/SFOR operations, tary departments and defense agencies. when sufficient funds are available to pay all Southern Watch, Sentinel, and Provide These data were modified, as necessary, to contributors to a particular mission for at Comfort. They basically relate to what properly reflect transfer actions and unre- least a one-month increment; all member was cited here, the former Yugoslavia ported costs applicable to support to U.N. op- states involved in a particular mission are and Iraq, and with the exception of erations. Data are presented below in both reimbursed for troop contributions simulta- Able Sentry, I think we would find that quarterly and cumulative (for the fiscal neously. Reimbursements for incremental each of the things we have done in year) format. It is important to note that troop contribution costs are made by the there that have not been compensated DFAS cost reports include information re- U.N. directly to the Department of Defense. ceived during a particular quarter of the fis- The Department of Defense has determined for are things we pushed to have done. cal year: comprehensive cost data are not that its incremental costs are $318 per sol- There is resistance at the United Na- available in the immediately succeeding dier per month. tions and in NATO to do —we brought quarter. The Department collects only incre- them around through, in effect, sanc- mental costs, which are defined as additional SECTION 1—FY 97 PROVISION OF DEFENSE ARTICLES tioning us to do this. costs to the DoD component appropriations AND SERVICES I end by saying I think my colleagues that would not have been incurred if a con- would probably be apoplectic if every- tingency operation had not been supported. Billed (cu- Reimburse- DoD component 1 thing we did in order to get reimbursed All incremental costs included below are mulative) ments we had Americans with blue helmets current as of 30 September 1997, and are ag- NIMA ...... $9,550.32 $00.00 gregated for FY97, and exclude reimburse- Army ...... 98,939.67 350.32 on. I think you would all be up here ments received for troop contributions (sec- Total ...... 101,489.99 350.32 going bananas if that were the case. Be tion 2), which are presented individually. 1 The United Nations has not been able to make full payments to the U.S. careful what you wish for; you may get and to other member states because of a lack of funds resulting from un- it. Cumulative for paid peacekeeping assessments. All DoD bills that have been presented to Operation/Region Reported for 4Q FY97 through the United Nations during FY97 have been certified as legitimate claims. In this case, I think it is worth mak- FY97 4Q ing the case, I think you overstate the Former Yugoslavia Operations: SECTION 2—FY 97 TROOP CONTRIBUTION criticism of the administration. ABLE SENTRY (FYROM) ...... $2,950,000 $11,727,000 REIMBURSEMENTS I thank the chairman of the full com- DENY FLIGHT/DECISIVE EDGE ...... 30,101,000 183,266,000 mittee for allowing me, and I thank my IFOR/SFOR Operations ...... 779,316,000 2,087,518,000 Period cov- SOUTHERN WATCH/VIGILANT SENTINEL Reimburse- ered by re- friend from North Carolina for allowing (Iraq) ...... 185,499,000 597,312,000 Operation ments imburse- me to be part of this amendment. PROVIDE COMFORT/NORTHERN WATCH ments 1 Mr. President, I ask unanimous con- (Iraq) ...... 20,627,000 93,115,000 0 NA sent that the written material that I Total ...... 1,018,493,000 2,972,938,000 referred to earlier be printed in the 1 The United Nations has not been able to make full payments to the U.S. The Act requires the Secretary of Defense and to other member states because of a lack of funds resulting from un- RECORD. to ‘‘detail in the quarterly reports all efforts paid peacekeeping assessments. All DoD bills that have been presented to the United Nations during FY97 have been certified as legitimate claims. There being no objection, the mate- made to seek credit against past United Na- rial was ordered to be printed in the tions expenditures and all efforts made to Mr. STEVENS. Have the yeas and RECORD, as follows: seek compensation from the United Nations nays been ordered on the Helms amend- THE UNDER SECRETARY OF DEFENSE, for costs incurred by the Department of De- ment? Washington, DC, February 13, 1998. fense in implementing and supporting United The PRESIDING OFFICER. The yeas Hon. JESSE HELMS, Nations activities.’’ The Administration’s policy is to seek re- and nays have been ordered. Chairman, Committee on Foreign Relations, Mr. STEVENS. I ask unanimous con- U.S. Senate, Washington, DC. imbursement, or compensation as the Act DEAR MR. CHAIRMAN: As required by Sec- terms it, for all allowable costs of participa- sent this vote take place at 6:30 p.m. tion 8091 of the Department of Defense Ap- tion in U.N. peacekeeping operations. There The PRESIDING OFFICER. Without propriations Act for 1997, I enclose a report are two instances in which costs are allow- objection, it is so ordered. on costs incurred by the Department of De- able: (1) costs related to troop contributions Mr. STEVENS. I suggest the absence fense ‘‘in implementing or supporting resolu- to U.N. peacekeeping operations, and (2) pro- of a quorum. tions of the United Nations Security Coun- vision of services and commodities to United The PRESIDING OFFICER. The cil.’’ Specifically, the report provides incre- Nations peacekeeping operations. The provi- clerk will call the roll. sion of services and commodities occurs mental costs for the fourth quarter of fiscal The legislative clerk proceeded to year 1997 as well as cumulative costs for the under a process known as the Letter of As- 1997 fiscal year to the end of the fourth quar- sist (LOA). The LOA process is similar to a call the roll. ter. The report also provides information on contract between the USG and the UN Mr. BIDEN. Mr. President, I ask efforts the Department has made to be reim- whereby the USG agrees to provide support unanimous consent that the order for bursed for troop contributions and provision to the U.N. with the understanding that the the quorum call be rescinded. of services and commodities to U.N. peace- U.N. will provide reimbursement under es- The PRESIDING OFFICER. Without keeping operations. tablished terms. Only expenditures in sup- objection, it is so ordered. We take seriously our commitment to pro- port of a peacekeeping operation conducted Mr. BIDEN. Mr. President, I say to by the U.N. approved by the Security Coun- vide data to the Congress regarding the costs the chairman of the full committee I incurred in support of U.N. activities. I trust cil and authorized by the General Assembly that you will find the enclosed report to be (through its annual budget approval process) will summarize my statement here, a useful summary of the costs that the De- as a legitimate charge to the UN are eligible and when anyone is ready to go with an partment has incurred in support of U.N. ac- for reimbursement. No state receives credit amendment, I will cease. But I will S2550 CONGRESSIONAL RECORD — SENATE March 25, 1998 speak on the overall supplemental, if I Bosnia amendment offered, and then The special police forces must be dis- may. withdrawn, by the junior Senator from banded or restructured and inter-entity I rise in strong support of the supple- Texas. arms control and confidence and secu- mental appropriation for troops in the Had the Senator not withdrawn her rity building measures adopted. Persian Gulf and for our troops in Bos- amendment, I would have opposed it. If In addition, the American-run Train nia. I want to say a few words about she offers it again on the Defense Ap- and Equip Program must be success- our policy in the Persian Gulf and then propriations bill, I will speak against fully completed, with a traditional sup- turn to a more detailed discussion, if I it. port and sustainment arrangement have time, of our SFOR mission in Bos- For now, however, I would make only with the Federation Army in place. nia. two brief comments on the amendment Second, the benchmarks for police Passing this supplemental appropria- before I turn to a more detailed discus- and judicial reform require that all tions sends an unequivocal message to sion on our strategy in Bosnia. local police forces are restructured and Saddam Hussein that the United States First, mention was made of ‘‘shifting ethnically integrated. Basic skills and is committed to thwarting his intent goalposts.’’ I quite agree, but the shift- human rights training must be com- to threaten our national interest. Di- ing has been done by the opponents of pleted so that the police can deal effec- plomacy backed by the credible threat our involvement in Bosnia, not by tively and fairly with civil disturb- of force has put the international in- President Clinton. ances. Police academies with profes- spectors back in business, and for the In an effort to prevent, then shorten, sional leadership must be functioning. first time in 7 years these inspectors, our Bosnia mission, the opponents The intelligence services and the se- Mr. President, are doing their work complained that the Administration cret police must be stripped of all po- without hindrance. Maintaining our had not spelled out clear benchmarks, lice functions, and an effective judicial military force in the gulf is as impor- which, if met, would enable our troops reform program must be in place. tant as anything else in keeping Sad- to withdraw from Bosnia. Benchmarks for attaining the third dam Hussein honest, although it is ex- Now, my friends, he has given us condition for troop withdrawal are in pensive and it is costly in many ways. these benchmarks. And what do the op- the governmental area. They include I know that some of my colleagues, ponents of our Bosnia policy say? They all outlawed pre-Dayton institutions including the senior Senator from say that he has shifted the goalposts by having been dissolved. Foremost Alaska, have expressed concerns about giving specifics. Give me a break! among these are the remnants of the the willingness of our allies in the gulf Second, I understand that the Sen- Bosnian Croat so-called ‘‘Herceg- to share the financial burden of our ator from Texas said that she didn’t Bosna.’’ current deployment. find the benchmarks to be very con- A functioning customs service and Many of these concerns are valid. We crete. After having examined the con- control over state revenues must be es- should expect our allies to support us ditions and benchmarks, I find her con- tablished, including transparency in militarily and otherwise, especially fusion rather puzzling. Therefore, I will budgets and disbursements. Funds when our actions safeguard their inter- now go into detail about them. must be flowing to national, not en- ests. But I think it is equally impor- I have spoken frequently about the tity, institutions, which have perma- tant to recognize that we are in the enormous progress that has been nent staffs and facilities in place. Persian Gulf, first and foremost, to achieved in Bosnia since the cessation The fourth condition for the with- protect our own vital interests. But I think it is equally important to of hostilities and about the difficult drawal of our troops concerns the mass recognize that we are in the Persian tasks remaining ahead. media. Its benchmarks begin with po- Gulf first and foremost to protect our Today I will concentrate on showing litical parties being divested of their own vital interests. First, we ignore at that in voting to fund a continuation control of the broadcast networks. En- our peril the chemical and biological of the SFOR mission, we are not voting tity and national-level media policy weapons programs of a leader with a for an open-ended commitment. and regulatory structures must be in demonstrated proclivity for using Rather, the Administration has place. A new election law must guaran- weapons of mass destruction. Second, drawn up clear benchmarks, which, tee that opposition parties have access whether we like it or not, sixty-five when met, will allow our troops to to the airwaves. Independent media, al- percent of the world’s proven oil re- come home. ready in existence, should be generally serves are in Saddam Hussein’s back- But, Mr. President, part and parcel of available throughout the country. yard. these benchmarks is interpreting them, Benchmarks for the fifth condition, None of us wants to hand over our en- and in this connection I will insist that democratization and the electoral ergy security to the whims of a mania- the Senate is part of the process. process, are particularly important. cal tyrant. But that is exactly what we Mr. President, ten key conditions Local, entity, and national govern- would be doing if we withdrew our have been identified, each containing ments must be beginning to function forces from the Persian Gulf. objectives and concrete benchmarks, transparently. Political parties will Failure to approve this supplemental which constitute our ‘‘game plan’’ in have to accept binding arbitration for would lead Saddam to conclude that Bosnia. the implementation of the results of the United States is losing its resolve. These ten conditions are: 1. Military contested local elections. He would resume his defiance in short Stability; 2. Police and Judicial Re- Bosnian electoral laws must be modi- order, and before long he would menace form; 3. Functioning National Institu- fied to meet the standards of the Orga- the region once again with chemical tions; 4. Reformed Mass Media; 5. De- nization for Security and Cooperation and biological weapons. mocratization and a Functioning Elec- in Europe (OSCE). The September 1998 Now, Mr. President I want to discuss toral Process; 6. Economic Reconstruc- elections must be conducted in a free the mission in Bosnia. tion and Recovery; 7. Refugee Returns; and fair manner, with the need for By now the importance of the Amer- 8. A Settlement for Brcko; 9. Resolu- OSCE supervision reduced. ican-led SFOR mission in Bosnia tion of War Crimes; and 10. Inter- The sixth condition for withdrawal of should be manifest. The Dayton Ac- national Organizations Able to Func- American troops involves economic re- cords of November 1995 ended three- tion without Military Support. construction and recovery. As bench- and-a-half years of carnage and gave I would like to turn to the bench- marks, agreement must be reached on Bosnia and Herzegovina a roadmap for marks for each of these conditions. a permanent national currency. Privat- rebuilding a peaceful, civil society. The precondition for all progress, of ization laws must be drawn in line with No one can dispute that it is the course, is the creation of military sta- Dayton. Major infrastructure including overall security environment created bility. The benchmarks of this first of transportation, power grids, and tele- by the international community the ten conditions include the mainte- communications must be repaired and through SFOR that makes civilian nance of the ceasefire, weapons secure functioning. progress possible. in their cantonment sites, and the The program of the International Mr. President, several Members have arms control limits set since Dayton Monetary Fund must be in place with already spoken this morning on the adhered to. traditional lending programs begun. March 25, 1998 CONGRESSIONAL RECORD — SENATE S2551 The fundamental and emotional issue ongoing basis on how the implementa- The attack yesterday was the third of refugee returns comprises the sev- tion of these civil-military benchmarks multiple killing in a school by a youth enth condition. The property laws of is going and also that our NATO and under the age of 16 in the last 6 both entities in Bosnia must comply other SFOR partners are continuing to months. Mr. President, these horrific with the Dayton Accords. Property shoulder their responsibilities. crimes amply demonstrate that we commissions must be fully functioning. The SFOR mission is of high national have a responsibility to oppose the pro- Both the Federation and the Republika security importance for the United liferation of violence and to stand fast Srpska must be participating in phased States. against any effort to make firearms and orderly cross-ethnic returns. We have every right to be pleased more freely available. Does anyone in The key cities of Sarajevo, Banja with the quite striking progress that their right mind still believe that it is Luka, and Mostar must have accepted has been achieved in Bosnia over the possible to raise children in a society substantial returns of refugees and dis- past year. Much remains to be done, where guns are so easily obtained? It is placed persons, and the local police and with the game-plan—the ‘‘exit clear that we cannot protect our chil- throughout Bosnia and Herzegovina strategy’’ if you will—that the Admin- dren in such a world. They are such must protect returnees, whatever their istration has provided, closer coopera- easy prey for those who seek to maim religion or ethnicity. tion with Congress is possible. and to kill. The thorny subject of Brcko com- I urge passage of this supplemental Now, Mr. President, until all the prises the eighth condition needed to appropriation for both Iraq and Bosnia. facts have been obtained, it would not be met before all troops can be with- I think that it is vital that the Senate be prudent to speculate on the events drawn. An arbitration award must have and House pass this supplemental as leading up to the massacre in the been implemented without violence. As soon as possible. The more expedi- school yard yesterday. But this much we know, Mr. President, in mid-March tiously we act, the less our military we do know: We must come together as the arbitration award on Brcko was readiness will suffer. The brave men a society and recommit ourselves to postponed for the third time. and women serving in Bosnia and Iraq keeping firearms out of the hands of Specific benchmarks for Brcko in- deserve to know that their missions children and guaranteeing that only clude local elections having been im- are adequately funded by a proud Con- those people who know how to use guns plemented, an integrated police force gress and not by cannibalizing impor- responsibly have access to them. In functioning, two-way refugee returns tant core military accounts. order to make our community safer, we and ethnic reintegration continuing to For that, they should thank the Sen- must expand programs to train progress, and job creation underway. ator from Alaska, because he has been gunowners in the proper use and stor- The ninth condition involves war absolutely, positively—how can I say it age of their weapons. crimes. All parties to the Dayton Ac- politely—consistent in insisting that I believe that responsible gunowners cords, including entity justice authori- we undertake these missions without have nothing to fear from reasonable ties, must be cooperating with the cannibalizing our core accounts. gun laws, and that is what I think we International Criminal Tribunal for Both of these missions further Amer- need to have a debate and talk about, the Former Yugoslavia (ICTY). ica’s national security interests. They and that is what the majority of us Local authorities must facilitate the have achieved real results and what the who support reasonable gun control apprehension of indictees. Chairman of the full committe is sug- seek to have happen—laws that will The tenth and final condition nec- gesting is the way to go. help to keep tragedies like the one that essary for withdrawal of American I compliment the chairman in being happened yesterday in that small com- troops, Mr. President, concerns the re- able to fend off the amendments put munity in Arkansas from ever happen- lationship of Bosnia with international forward so far today. I wish him luck ing again. I think it is appropriate for organizations. One benchmark is cer- for the remainder of the process here. us to have that debate, given the im- tification that local authorities and I yield the floor. portance to our children, to their safe- the entity armies are capable of assum- Mr. STEVENS addressed the Chair. ty, to our liberty and freedom and safe- ing responsibility for demining oper- The PRESIDING OFFICER. The Sen- ty in our communities. ations. ator from Alaska. I yield the floor. Another is that the Office of the High Mr. STEVENS. Does the Senator Mr. BUMPERS. Mr. President, will Representative in Bosnia (OHR) from Illinois seek time? the Senator yield? Senator MOSELEY- demonstratres its authority to enforce Ms. MOSELEY-BRAUN. Yes, only 2 BRAUN was speaking about the shoot- inter-entity agreements without mili- minutes. It was really a very short ing in Jonesboro, and I have not said tary back-up. statement. anything on the floor about that. I A third, more general, benchmark is Mr. STEVENS. Mr. President, I yield would like 2 minutes to follow up on that the OSCE, NATO, and the Euro- to the Senator for not to exceed 5 min- that. pean Union develop more traditional utes because we want to get to the Mr. STEVENS. Mr. President, I ask relationships with Bosnia and Wellstone amendment as soon as pos- unanimous consent that the Senator Herzegovina. sible. from Arkansas be recognized for 2 min- Mr. President, I believe that these The PRESIDING OFFICER. The Sen- utes, and following that, the Senator detailed conditions and benchmarks ator from Illinois is recognized. from Ohio be recognized for not to ex- show conclusively that the Administra- f ceed 5 minutes. tion is not asking for an open-ended The PRESIDING OFFICER. Without THE TRAGEDY IN JONESBORO, commitment. It has the exit strategy objection, it is so ordered. ARKANSAS that critics have long been demanding. The Senator from Arkansas is recog- One or two of the ten conditions, and Ms. MOSELEY-BRAUN. Mr. Presi- nized. several more of the individual bench- dent, I would like to take a brief mo- f marks have already been met. Many ment to express my condolences to the others are well on their way to fulfill- families of the students and teachers THE TRAGEDY IN JONESBORO, ment. Many others are only just begin- killed or wounded during yesterday’s ARKANSAS ning to be implemented. tragic shooting at the Westside Middle Mr. BUMPERS. Mr. President, let me And, Mr. President, I would repeat School in Jonesboro, AR. The Nation’s just, first of all, express my profound my cautionary word that the fulfill- prayers are with those families today thanks to the distinguished Senator ment of such a detailed formulation and, of course, the thoughts of all from Illinois for her sensitivity and leaves much open to interpretation. Americans are with the people of the sincere compassion over what is the If the Senate approves this supple- Jonesboro community. It is yet an- most traumatic event, perhaps ever, in mental appropriation for our troops in other American community whose resi- my State. We have tornadoes and we Bosnia—as I strongly believe it dents’ lives have been changed forever lose a lot of lives in tornadoes, and we should—we have the right to insist by children who managed to get access have a lot of property damage. But for that the Congress be consulted on an to firearms. just sheer trauma, this event is really S2552 CONGRESSIONAL RECORD — SENATE March 25, 1998 unique to us, as it would be to any Mr. STEVENS. I am not sure there serve 10 minutes on this side. My ad- State in the Nation. The grief is inde- will be. I have to reserve some time in vice to the Senator would be to yield 2 scribable. The circumstances are inde- case there is someone on this side. minutes to the Senator from Vermont. scribable. Nobody could speculate with Mr. WELLSTONE. I may be able to Mr. LEAHY. Reserving the right to any degree of accuracy as to what pos- do it in less time, but I have been object, would he be willing to modify sesses an 11- or 13-year-old child to do wanting to speak about the IMF that to give me the first 3 minutes on this. You can wonder how did they lay amendment. I will try to do it in less. the pending amendment before he their hands on such an arsenal of weap- But I would like now to reserve 30 min- brings up his amendment? ons in order to perpetrate the crime? utes. At one point in time, as my good Mr. WELLSTONE. Mr. President, I But at this point, I share the com- friend from Alaska knows, I had four am pleased to do that. ments of the Senator from Illinois that amendments. The PRESIDING OFFICER. Is there it is premature to speculate on that be- Mr. STEVENS. Is the Senator pre- objection? cause that will all come out as the in- pared to withdraw the other three Mr. STEVENS. What happens? The Senator gets 5 minutes. The Senator vestigation goes forward and is amendments? from Minnesota gets 30 minutes. unwound. Mr. WELLSTONE. I say to my col- The PRESIDING OFFICER. The Sen- I simply want to say that it is a ter- league from Alaska, I will withdraw ator from Vermont will have 3 minutes rible plight in this country when such the other three amendments. And then to speak with respect to the amend- I would like to have an agreement that an event can even be thinkable, let ment previously offered, followed by I would have 30 minutes with no second alone happen. It is becoming all too the Senator from Minnesota to speak degree on this amendment, which I frequent that you pick up the paper with respect to the amendment which think will generate widespread sup- and find that this is happening in the he is prepared to modify, for 30 min- port. school yards of America. This is not a utes, followed by up to 10 minutes in Mr. STEVENS. I am not prepared to high school, this is a middle school of response to his amendment. 11-, 12-, and 13-year-old youngsters. agree that some Senator will not come Mr. WELLSTONE. With no second Nineteen were injured and five are in with a second-degree amendment. I degree. dead. It is an unspeakable horror. I will not present a second-degree The PRESIDING OFFICER. There know I speak for all the Members of amendment myself. I would like the would be no second-degree amendment the Senate in expressing our sincere Senator, if he would agree, to withdraw to the amendment of the Senator from grief, our condolences and sincere sym- the other three amendments—the Sen- Minnesota. pathies to all the people who have been ator has 30 minutes—and 10 minutes in Is there objection? affected in this, the parents and rel- case we need it. Without objection, it is so ordered. atives of the children who have been Mr. WELLSTONE. Mr. President, I Under the agreement, the Senator injured and killed, and to those others can’t agree to a time limit if I can’t get from Vermont is now recognized for up who were not but will be traumatized agreement on a second-degree amend- to 3 minutes. and scarred by this for the rest of their ment. I ask unanimous consent that I AMENDMENT NO. 2130 lives. be able to move to this amendment and Mr. LEAHY. I tell my friend, the Pre- I yield the floor, Mr. President. that there be no second-degree amend- siding Officer, if I could have the atten- The PRESIDING OFFICER. Under ments. tion of the Presiding Officer, I will not the previous order, the Senator from Mr. STEVENS. I can’t do that. I will give a great speech but a small speech. Ohio is recognized for 5 minutes. have to object. Mr. President, I cannot Mr. President, just a few weeks after (The remarks of Mr. DEWINE pertain- accept that. I have not read the amend- we pushed the U.N. Security Council to ing to the introduction of S. 1862 are ment myself. I will do that now. support strong resolutions against located in today’s RECORD under Several Senators addressed the Iraq, we are on the amendment by the ‘‘Statements on Introduced Bills and Chair. distinguished senior Senator from Joint Resolutions.’’) Mr. WELLSTONE. Mr. President, I North Carolina proposing ways to fur- f think I have the floor. ther undercut the effectiveness of the The PRESIDING OFFICER. The Sen- United Nations and our leadership in SUPPLEMENTAL APPROPRIATIONS ator from Alaska has the floor. the United Nations. In regular U.N. FOR NATURAL DISASTERS AND Mr. STEVENS. I have the floor. I peacekeeping operations, blue helmet OVERSEAS PEACEKEEPING EF- would like to work this out. operations, we sought reimbursement FORTS FOR FISCAL YEAR 1998 Mr. LEAHY. Mr. President, if the for our in-kind contributions, and we The Senate continued with the con- Senator from Alaska will yield for a are reimbursed today. But there are sideration of the bill. moment, while he is checking the many other U.N. operations that have Mr. STEVENS addressed the Chair. amendment, I wonder if I might, with- the blessings of the Security Council The PRESIDING OFFICER (Mr. out he yielding the floor, take 4 min- but are not actually U.N. peacekeeping ABRAHAM). The Senator from Alaska. utes while he is looking at the amend- operations, including U.N. troops that Mr. STEVENS. Mr. President, I be- ment of the Senator from Minnesota. were included because it was important lieve the Senator from Minnesota now The PRESIDING OFFICER. The Sen- to the United States interests. has an amendment that is on the list. ator from Alaska has the floor. I will give you an example. Operation Mr. WELLSTONE. Mr. President, I Mr. LEAHY. Will the Senator from Provide Comfort in northern Iraq is an will be calling up amendment No. 2128, Alaska give me 4 minutes while he is example. The United Nations has given and ask that it be modified with the looking at this? its blessing because we, the United language that is at the desk right now. Mr. STEVENS. This is a modification States, asked the United Nations to Mr. STEVENS. Mr. President, will of the amendment sent to the desk. I support it. But it is, above all else, as the Senator agree to some sort of a am trying to figure out if there would we all know, a U.S. operation. time agreement? be a second-degree amendment to it. I There are other examples where we Mr. WELLSTONE. I think I can do am informed that it is modified and pushed for a U.N. Security Council res- this in 30 minutes. that we would not have a second-degree olution in support of our position to Mr. LEAHY. Mr. President, will the amendment. And I am prepared to give a broader degree of support. But if Senator yield? agree to the Senator’s suggestion of 30 the United Nations were to adopt all of Mr. STEVENS. Let’s get this minutes for him. I still want to reserve these operations as its own, I expect straight. The Senator wants 30 minutes 10 minutes on this side in case someone that the Senator from North Carolina total on the amendment equally di- wants to speak on it to answer the Sen- would probably be the first to object. I vided. ator. I do not intend to do that. But I doubt he would want our troops to be Mr. WELLSTONE. I would like to then ask unanimous consent that the wearing blue helmets in those oper- have 30 minutes to speak on this. I Senator be recognized to call up ations. wasn’t aware that there would be oppo- amendment No. 2128, as modified, and As Senator BIDEN has said, maybe we sition. that he have 30 minutes, and we re- should seek to change the U.N. charter March 25, 1998 CONGRESSIONAL RECORD — SENATE S2553 so all activities blessed by the Security different people in political life certain did for them, first as district attorney Council require reimbursement. But do things stand out about them. STEVE and later as U.S. Representative. He we really want to have to pay for ev- SCHIFF used to almost brag about the was not partisan in his approach to his erything the Security Council decides? fact that he came from Chicago, that job. He was quick to reach across party I doubt it. Other nations undertake op- he was a Jewish boy from Chicago who lines. I can remember many phone erations after receiving the blessings of came to New Mexico. Some would not calls from STEVE where he would call a U.N. Security Council resolution. We want to talk about being from Chicago and say, ‘‘I have a bill that we have may support that. But we don’t want if they were representing New Mexi- been able to pass in the House, and I to participate in it and we don’t want cans, but somehow or another he kind need your help in the Senate.’’ And I to pay for it. of thought he would like to tell them can remember many phone calls I made It is easy to take a shot at the United that, so he told it to them so often, to him, asking for his help with legisla- Nations. It is a little bit more difficult they never cared. He served as a dis- tion that I was pursuing as well. to make it work. I remind Senators trict attorney and probably was the STEVE was a person who kept clearly that just last year many in the leader- best prosecutor we have had in terms in mind the commitment and the job ship of the House and the Senate, the of getting his job done. that he was sent here to do for the peo- majority leadership in the House and As I was coming over, I told Senator ple of our State. He had great respect the Senate, promised, along with the BINGAMAN I was voting one day in a in our State and here in the Congress President of the United States, that we precinct of my home in Albuquerque as well. His family deserves our condo- would pay our arrearage in dues to the and I saw two elderly women behind lences. We certainly send those to his United Nations. But then in what was me checking off whom they would vote wife and children. probably the most irresponsible foreign for. One said to the other, ‘‘Vote for The State of New Mexico has lost a policy action I have seen in 23 years STEVE SCHIFF.’’ And the other lady, tremendous public servant. Senator here, the most irresponsible actions on probably about 75 said, ‘‘Why?’’ She DOMENICI put it well by pointing out he the very day that the United States said, ‘‘Because he was a great district was, first and foremost, a public serv- was before the U.N. Security Council attorney and he did his job well there. ant in the very best sense of that term. begging the U.N. Security Council to He’ll do it well in Washington.’’ That He did not see himself as a politician back us in Iraq, the leadership in the said to me that people really under- who was trying to put a good face on House of Representatives broke their stand when you have a real public serv- the job he was doing. Instead, he saw commitment and killed the appropria- ant. himself as a mechanic, working in the tions for the payment of dues to the In behalf of my wife Nancy and my- machine and in the engine of Govern- United Nations. self, I guess I want to say that we have ment to do the right thing for the peo- If we want to get out of the United been very lucky because we got to ple of New Mexico and for the country. Nations, then let us vote to do that. If know STEVE SCHIFF. We are very fortu- STEVE was a good friend to many of we want to say we will never spend an- nate because we got to know a public us and a great contributor to our State other cent in the United Nations, let us servant who just exemplified what we and to the Nation. I join Senator vote to do that. But to first give our would think a public servant should be. DOMENICI in expressing our grief and word that we will pay what we contrac- He was of the highest integrity, he had our condolences to his family. tually owe and then on the day when a deep and fundamental decency, and, I yield the floor. we desperately are pushing the United yes, he had an acute and open mind. He f Nations to back us in Iraq, to say we was very, very bright. SUPPLEMENTAL APPROPRIATIONS break our word, we can’t do that. New Mexico and the rest of this Na- FOR NATURAL DISASTERS AND I see the Senator from Minnesota is tion have lost a wonderful public serv- OVERSEAS PEACEKEEPING EF- ready. ant. He was the best of political lead- I yield the floor. ers. And I lost a good friend. He was of FORTS FOR FISCAL YEAR 1998 Mr. STEVENS addressed the Chair. my party, but he had great bipartisan The Senate continued with the con- The PRESIDING OFFICER. The Sen- support. He was always around to lis- sideration of the bill. ator from Alaska. ten and always gave great advice. The PRESIDING OFFICER (Mr. Mr. STEVENS. I ask unanimous con- Today on the Senate floor I extend, HAGEL). The Senator from Alaska. sent the Senators from New Mexico on behalf of my wife and myself, our Mr. STEVENS. The Senator from now have each 5 minutes to report a condolences to his many close friends, Wyoming has an amendment. I would sad event to the Senate. to his wife and their two wonderful like him, at this time, to offer it and The PRESIDING OFFICER. Is there children, and I look forward to seeing ask for its consideration so we can set objection? Without objection, it is so all of them when we attend his wake. it aside and bring it up after the ordered. But here today in the Senate, I just Wellstone amendment. Following that, the pending question want to say, ‘‘Thank you, STEVE. The PRESIDING OFFICER. Without will be the Wellstone amendment num- Thanks for what you were, thanks for objection, it is so ordered. bered 2128, as modified. Under the pre- what you left us to understand and re- Mr. STEVENS. Will the Senator send vious order, amendments 2125, 2126, and member about you, and may more peo- his amendment to the desk and ask for 2127 have been withdrawn. ple try to be like STEVE SCHIFF, a real, its consideration? We will take it up The Senator from New Mexico. decent, honest public servant.’’ after the amendment of Mr. f Thank you, Mr. President. WELLSTONE, which is the next amend- The PRESIDING OFFICER. The Sen- ment. U.S. REPRESENTATIVE STEVEN ator from New Mexico. The PRESIDING OFFICER. The Sen- SCHIFF Mr. BINGAMAN. Mr. President, I ator from Wyoming. Mr. DOMENICI. Mr. President, Sen- join my colleague, Senator DOMENICI, AMENDMENT NO. 2133 ator BINGAMAN and I are on the floor of in expressing our grief at the loss of (Purpose: To prohibit the Secretary of the the Senate today in a sense to report STEVE SCHIFF. He is someone I became Interior from promulgating certain regula- bad news to the Senate about a won- friends with when we—he and I—were tions relating to Indian gaming activities) derful New Mexican. both young lawyers in New Mexico, be- Mr. ENZI. I have an amendment at Late this morning, in my home city ginning our legal careers. Of course, the desk and ask for its consideration. in Albuquerque, New Mexico, U.S. Rep- when he became district attorney for The PRESIDING OFFICER. The resentative STEVE SCHIFF, 51 years of Bernalillo County, I had the good for- clerk will report. age, died as a result of a lingering can- tune to be attorney general and worked The assistant legislative clerk read cer. We both felt we ought to share a with him very closely on many issues as follows: few thoughts with the Senate and with in those jobs. The Senator from Wyoming [Mr. ENZI], for our people. STEVE did have the respect of the himself and Mr. BRYAN, Mr. REID and Mr. So I would just like to say to the people he represented because of the SESSIONS, proposes an amendment numbered Senate that you know when you meet good, hard, nonpolitical work that he 2133. S2554 CONGRESSIONAL RECORD — SENATE March 25, 1998 Mr. STEVENS. Mr. President, I ask tural integrity, traditional knowledge, and these countries will dramatically af- that further reading of the amendment human rights of indigenous peoples; fect people in our country as well. be dispensed with. (5) in Section 1502 of P.L. 95–118, as amend- There is no question about it. The PRESIDING OFFICER. Without ed, on military spending by recipient coun- But I want to suggest to colleagues tries and military involvement in the econo- objection, it is so ordered. mies of recipient countries; that the question is whether or not the The amendment is as follows: (6) in Section 701 of P.L. 95–118, on assist- IMF, as I look at the record of the IMF, At the appropriate place, insert the follow- ance to countries that engage in a pattern of has been helpful or not helpful in help- ing: gross violations of internationally recog- ing these economies and helping the SECTION 1. PROHIBITION. nized human rights; and people in these countries. What hap- Notwithstanding section 11(d)(7)(B)(vii) of (7) in Section 1307 of P.L. 95–118, on assess- pens in some of the Asian countries the Indian Gaming Regulatory Act (25 U.S.C. ments of the environmental impact and al- will dramatically affect the lives of ternatives to proposed actions by the Inter- 2710(d)(7)(B)(vii)), the Secretary of the Inte- people in our country in a number of rior shall not— national Monetary Fund which would have a (1) promulgate as final regulations, the significant effect on the human environ- different ways. Either people in coun- proposed regulations published on January ment. tries like Thailand or Indonesia will 22, 1998, at 63 Fed. Reg. 3289; or (d) INAPPLICABILITY OF TERMINATION PROVI- not be able to work at decent jobs, will (2) issue a notice of proposed rulemaking SION OF THE FEDERAL ADVISORY COMMITTEE make subminimum poverty wages—in for, or promulgate, any similar regulations ACT.—Section 14(a)(2) of the Federal Advi- which case, they will not be able to to provide for procedures for gaming activi- sory Committee Act shall not apply to the have the money to purchase goods—or, ties under the Indian Gaming Regulatory Advisory Committee. because of IMF policies, which has too Act (25 U.S.C. 2701 et seq.), in any case in Mr. WELLSTONE. Mr. President, I often been the case, they will be forced which a State asserts a defense of sovereign will try not to take 30 minutes. Since to currency devaluation and they will immunity to a lawsuit brought by an Indian the manager of the bill supports this tribe in a Federal court under section 11(d)(7) try to work themselves out of trouble of that Act (25 U.S.C. 2710(d)(7)) to compel amendment, if we want to do it on through cheap exports to our country. the State to participate in compact negotia- voice vote, if that will be better for Either way, working families in Ne- tions for class III gaming (as that term is de- colleagues, I will be pleased to do it braska and Minnesota and Alaska and fined in section 4(8) of that Act (25 U.S.C. that way as well. around our country are hurt if we do 2703(8))). Mr. STEVENS. Mr. President, I wel- not put some focus in the IMF. Mr. STEVENS. Mr. President, I ask come that opportunity. I want to say I am about to go through existing unanimous consent this amendment be Senators ought to be on notice we will laws and statutes that the IMF is sup- considered immediately after the get to the Enzi amendment sooner, and posed to live up to, and I am just going amendment presented by the Senator I thank the Senator. to talk about a whole history of non- from Minnesota, for which there is a Mr. WELLSTONE. Mr. President, compliance. We have not had this dis- time agreement already. this amendment says that the Treas- cussion on the floor of the Senate. We The PRESIDING OFFICER. Without ury Secretary shall appoint an advi- should. I mean, if in fact what happens objection, it is so ordered. sory committee, composed of eight in these Asian countries is that we AMENDMENT NO. 2128, AS MODIFIED members, at least two of whom are have the IMF pouring fuel on the fire, The PRESIDING OFFICER. Under from organized labor, two from non- if you have an International Monetary the previous order, the Senator from government environmental groups, and Fund that imposes austerity measures Minnesota is recognized for up to 30 two from nongovernmental human on these countries, depresses wage lev- minutes. rights or social justice organizations. els, has no respect for international The amendment (No. 2128, as modi- This is an advisory group on IMF pol- labor standards, shows no respect for fied) is as follows: icy, which the Senator in the Chair human rights—people cannot even or- At the appropriate place, add the follow- right now has worked very hard on. I ganize to make a decent living, people ing: know that. cannot even organize in these countries SEC. . ADVISORY COMMITTEE ON IMF POLICY. This advisory group would meet at like Indonesia in order to make sure (a) IN GENERAL.—The Secretary of the least twice a year to advise the Treas- that they are paid decent wages—then Treasury shall establish an International ury Secretary on IMF’s compliance what is going to happen is, you have Monetary Fund Advisory Committee (in this with existing statutory requirements countries with a populous where the section referred to as ‘‘Advisory Commit- relating to IMF promotion in a variety vast majority of the people cannot buy tee’’). of different areas: High levels of in- what we produce in our country. This (b) MEMBERSHIP.—The Advisory Committee come and employment in other coun- shall consist of 8 members appointed by the is like economics lesson No. 1. Or—and Secretary of the Treasury, after appropriate tries, fair labor practices, indigenous this has happened all too often because consultations with the relevant organiza- people’s rights, reductions in military of IMF prescriptions—what happens is, tions, as follows: spending, respect for human rights, and these countries try to export them- (1) at least 2 members shall be representa- sensitivity to the environmental im- selves out of trouble: Currency devalu- tives from organized labor. pact of IMF policies. ation, cheap exports to our country, (2) at least 2 members shall be representa- The advisory committee shall meet tives from nongovernmental environmental and our workers and our families can- with the Treasury Secretary at least not compete. organizations. every 6 months to review and provide (3) at least 2 members shall be representa- Let me just go through some existing tives from nongovernmental human rights or advice on IMF compliance with these laws right now that are supposed to social justice organizations. mandates. govern the International Monetary (c) DUTIES.—Not less frequently than every There is no legislative mandate. All Fund. By the way, they are in non- six months, the Advisory Committee shall the Treasury Secretary has to do is compliance. The problem is, the admin- meet with the Secretary of the Treasury to meet twice per year with the commit- istration has not spent much time real- review and provide advice on the extent to tee to hear their views on IMF compli- which individual IMF country programs ly insisting on accountability. The ance with existing mandates. problem is, we have turned our gaze meet requisite policy goals, particularly Let me explain to my colleagues why those set forth as follows: away from this. I wish our country (1) in this Act; I bring this amendment to the floor. would be stronger in supporting inter- (2) in Article I (2) of the Fund’s Articles of We spent, yesterday, altogether 30 min- national labor standards, stronger in Agreements, to promote and maintain high utes in debate on IMF. We are talking supporting environmental standards, levels of employment and real income and about, roughly speaking, $17 billion to stronger in supporting basic human the development of the productive resources go to IMF. We are talking about coun- of all members; rights for people. But we have not done tries in Asia—I have heard my col- that. (3) in Section 1621 of P.L. 103–306, the league from Alaska say this very force- Frank/Sanders amendment on encourage- The Secretary of Treasury shall direct the ment of fair labor practices; fully—that are really right now in eco- United States executive directors of the (4) in Section 1620 of P.L. 95–118, as amend- nomic trouble. We are talking about a international financial institutions to use ed, on respect for, and full protection of, the lot of economic pain. I agree—I am an the voice and vote of the United States to territorial rights, traditional economies, cul- internationalist—what happens in urge the respective institution [this covers March 25, 1998 CONGRESSIONAL RECORD — SENATE S2555 the IMF] to adopt policies to encourage bor- I just read the statute that applies to Secretary of the Treasury Rubin is a rowing countries to guarantee internation- IMF policy. The way I read this— fine Secretary. He is skillful, he has ally recognized worker rights and to include maybe I will read it again—is that the been gracious, and I think he is com- the status of such rights as an integral part ‘‘International Monetary Fund shall mitted to doing better. It isn’t even of the institution’s policy dialog with each advance the cause of human rights, in- borrowing country. personal, because I think he believes cluding by seeking to channel assist- that we have to do better. But in all I suggest to colleagues, even though ance toward countries other than those due respect, we at the very minimum we have not discussed this on the floor whose governments engage in gross ought to begin to put these questions of the Senate, that the IMF has ig- violations of humans rights of citi- on the table. We ought to put these nored this law and that the Inter- zens.’’ issues on the table. In all due respect, national Monetary Fund pays precious What do we think is happening in In- I say to my colleagues, I am just tell- little attention to whether or not these donesia? Does any Senator on the floor ing you this is a flawed institution. countries that we bail out live up to of the Senate want to defend the Gov- We are about to invest a lot of money internationally recognized labor rights. ernment of Indonesia for imprisoning a in the International Monetary Fund, Mr. President, to go on: labor leader? which has a record of imposing eco- Beginning 2 years after the date of enact- Mr. President, I will suggest—and I nomic policies on countries which de- ment of this section, the Secretary of the will go on and read other laws that press the living standards of most of Treasury shall instruct the United States ex- apply to the IMF—that what is wrong the people in those countries. That is ecutive director of each multinational devel- with this IMF provision, the amend- opment bank not to vote in favor of any ac- the record. As a result, those people ment that we are going to vote on don’t have the economic power, the tion proposed to be taken by the respective eventually, is that nowhere in here do bank which would have a significant effect dollars to consume products that we on the human or environmental assessment we have any conditions dealing with make in our country; as a result, quite for at least 120 days before the date of the labor, human rights standards, no- often these countries barrel down the where in here do we have any condi- vote until an assessment analyzing the envi- path of exporting cheap products to our tions dealing with environmental ronmental impacts of the proposed action country, and, again, working families and alternatives to the proposed action has standards, nowhere in here do we have in the United States of America pay been completed by the borrowing country or any discussion about the importance of institution. the price. promoting employment and higher It is a lose-lose situation. The people Again, another law that the IMF is wage levels for the citizens of these in Indonesia are not going to win, the supposed to live up to, another rel- countries. people in Thailand are not going to evant statute that there ought to be an So, it is a flawed institution. I am all win, and the people in the United environmental impact statement. We for making sure these countries do bet- States are not going to win. ter, but I don’t think the IMF is going ought to look at what these countries Let me go on and read a few other to help these countries do better. In are doing; we ought to look at where provisions. Talking about the Inter- fact, I think what the IMF does over the money is going. These countries— national Monetary Fund, one of the and over again is make matters worse. or many of these countries—are in non- goals must be to ‘‘facilitate the expan- I look at the record in some of these compliance, and the IMF just turns its sion and balanced growth of inter- countries, and I see no evidence what- gaze away from this, as does the United national trade and to contribute there- soever that IMF policies have led to an States, our Government. This is not in by to the promotion and maintenance the name of our people, because I think improvement in the living standards of people in these countries. For the of high-level employment and real in- people in our country support human come and to the development of pro- rights, support respect for the environ- bankers, yes; for the investors, yes; and for some of these governments which ductive resources of all members as ment. primary objectives of economic pol- Human rights title: are all too often corrupt, yes, but not for the people. icy.’’ The U.S. Government in connection with I have to say to colleagues, I cannot its voice and vote in the International Bank We have an IMF agreement. I know that the Chair has worked hard on this. believe that this is a statute that ap- for Reconstruction and Development, the plies to the IMF, because that is not International Development Association, the I know that the Senator from Alaska International Finance Corporation, the has been involved in this. And that is what the International Monetary Fund InterAmerican Development Bank, the Afri- why I come out with an amendment has been about. I do not know how any- can Development Bank [so on and so forth] that is very reasonable, because all body here can make the case that the the International Monetary Fund, shall ad- this amendment says is, look, we have IMF’s economic prescriptions for these vance the cause of human rights including these existing statutes, it is already countries have been about promoting by seeking to channel assistance toward ‘‘high levels of employment and real countries other than those whose govern- law, this is what the IMF is supposed to live up to, but we have a clear income and the development of produc- ments engage in a pattern [and I am quoting] tive resources of all members as pri- of gross violations of internationally recog- record of flagrant noncompliance. nized human rights such as torture or cruel, At the very minimum, let’s make mary objectives of economic policy.’’ inhumane or degrading treatment or punish- sure the Secretary of the Treasury That is almost laughable. That is not ment, prolonged detention without charges, meets with an advisory committee what the IMF has done. or other flagrant denial to life, liberty and made up of some non-Government peo- I think what we have done is we have the security of person. ple dealing with human rights, dealing forfeited a historic opportunity to Mr. President, in this connection, let with labor, dealing with the environ- strengthen the position of working peo- me point out that a labor leader in In- ment at least twice a year so that we ple in these other countries, to support donesia, Mochtar Pakpahan—we are can put this on the radar screen. the human rights of citizens in these about to provide the IMF, and the IMF I know colleagues feel strongly that other countries, to take a look at Thai- is about to provide, based upon, in we must do something. I hope it works land and Indonesia, who are among the part, the U.S. contribution, Indonesia out. But I have to say that on the basis worst offenders in Asia denying worker with bailout money—and this man, of the record of the IMF, I see no evi- rights, among the worst offenders in this labor leader, I say to my col- dence whatsoever that the IMF’s eco- Asia in violating the human rights of leagues, is in prison. Why is he in pris- nomic policies are going to help the their citizens, and, basically, what we on? He is in prison for organizing work- Asian countries or help the people in have on the Senate floor is silence on ers in support of a higher minimum the Asian countries. Instead, what I these questions. wage, people who work for wages that think is going to happen, since we have Why don’t we have any connection to don’t enable them or their families not had any clear provisions with real what are, I think, the most important even to be able to have enough food to teeth in this legislation—and the best I factors in determining whether or not eat. And this man’s crime, this labor can do today is to get a strong vote on the people in these countries are going leader’s crime in Indonesia is that he this advisory committee, and I am in- to do well and the majority of the peo- has organized workers to get better tending to send a message to the ad- ple in our own country are going to do wages. ministration. well? S2556 CONGRESSIONAL RECORD — SENATE March 25, 1998 As I look at these provisions—and I these concerns. But I will thank my opposed to the amendment. Can we will go back and I will summarize this colleagues for at least supporting this have a time agreement on the amend- amendment—this amendment essen- amendment, which I will fight very ment? tially instructs the Treasury Secretary hard to keep in conference committee, Mr. ENZI. Mr. President, 40 minutes to appoint an advisory committee com- because I really do believe that if we on a side; 80 minutes equally divided posed of eight members, at least two of can have this advisory committee will be agreeable. We were just talking which will be from organized labor, two which will meet with the Secretary of about reducing that by 10 minutes a from nongovernmental environmental the Treasury twice a year and which few moments ago, but I have not had a groups and two from nongovernmental will raise these issues twice a year and chance to check with the other side. human rights or social justice organi- which will discuss with the Secretary Mr. STEVENS. Seventy minutes zations. This advisory committee will and analyze with the Secretary wheth- equally divided. I say to the Senator, meet with the Secretary of the Treas- er or not the IMF is in compliance with that is agreeable, but we have a time ury twice a year, and they will talk all of the statutory requirements relat- already set for the vote on the Helms about IMF policy, whether or not the ing to environmental protection, relat- amendment. Mr. President, parliamen- IMF is in compliance or not with exist- ing to human rights, relating to inter- tary inquiry. If we enter into a time ing statutory requirements relating to national labor standards, I think this agreement, what happens to the vote IMF promotion of high levels of in- will at least be a step forward. at 6:30? come, employment, fair labor prac- I am, on the one hand, just saying to The PRESIDING OFFICER. We tices, indigenous people’s rights, reduc- colleagues that I think the provisions would suspend consideration on the tions in military spending, respect for we have out here in relation to the Enzi amendment until we have the vote on the Helms amendment, and human rights and sensitivity to the en- IMF, the investment we make in the after that, we would resume debate on vironmental impact of IMF policies. International Monetary Fund is mis- The advisory committee shall meet taken. I think we miss a tremendous the Enzi amendment. Mr. STEVENS. Mr. President, I ask with the Treasury Secretary at least opportunity to exert leadership, the unanimous consent that we enter into every 6 months to review and to pro- United States of America exerting such an agreement, 70 minutes equally vide advice on IMF compliance with leadership in behalf of working people divided on this amendment and no sec- these mandates. in other countries, in behalf of human ond-degree amendments be in order to I will say one more time, by way of rights, in behalf of the environment. conclusion, the IMF is not in compli- this amendment. We are not doing that. But at the very The PRESIDING OFFICER. Without ance with these mandates, not in com- least, I hope my colleagues will support objection, it is so ordered. The Senator pliance with the existing laws that this amendment. from Wyoming. apply to IMF, not in compliance on I said to my colleague from Alaska AMENDMENT NO. 2133 internationally recognized labor rights, that if the Senate is, in its wisdom, Mr. ENZI. Mr. President, I call up not in compliance of respect for indige- going to support this amendment, then amendment No. 2133. nous people, not in compliance in I am pleased to have a vote right now. The PRESIDING OFFICER. That is human rights, not in compliance with Mr. STEVENS addressed the Chair. the pending question. sensitivity to environmental concerns. The PRESIDING OFFICER. The Sen- PRIVILEGE OF THE FLOOR We have a golden opportunity, and we ator from Alaska. Mr. ENZI. Mr. President, I ask unani- are missing it. That is why I am not Mr. STEVENS. Mr. President, I see mous consent that Andrew Emrich and going to vote for this amendment that the Senator from Minnesota has fin- Katherine McGuire be granted the deals with International Monetary ished his comments on his amendment. privilege of the floor during the course Fund assistance to these countries to I have had no request for time. So if of the debate. make things much better. the Senator is prepared to vote, I am The PRESIDING OFFICER. Without I believe that what we are about to prepared to yield back the time allo- objection, it is so ordered. do, the amendment we are going to cated to our side. I so yield back the Mr. ENZI. Mr. President, I rise to adopt on the International Monetary time. offer an amendment with my col- Fund, will, in fact, not help those coun- Mr. WELLSTONE. I am prepared to leagues, the distinguished Senators tries in Asia, not help the peoples of vote. from Nevada, Senator BRYAN and Sen- those countries that are struggling, Mr. STEVENS. The Senator said we ator REID, and the Senator from Ala- and will end up hurting not only people will have a voice vote on this amend- bama, Senator SESSIONS. in countries like Indonesia, but also ment. This bipartisan amendment touches will hurt families in our country as The PRESIDING OFFICER. The an issue that is very important to me, well. question is on agreeing to the and that is the issue of States rights. Why in the world don’t we have more Wellstone amendment No. 2128, as This amendment is very simple and to say about a brutal dictatorship in modified. straightforward. It would prohibit the Indonesia? Why don’t we have more to The amendment (No. 2128), as modi- Secretary of the Interior from finaliz- say about the ways in which this dic- fied, was agreed to. ing the proposed rules published on tator crushes people in his own coun- Mr. STEVENS. Mr. President, I move January 22 of this year. It would also try? Why don’t we have more to say to reconsider the vote by which the prohibit the Secretary from proposing about the depressing of living stand- amendment was agreed to. or promulgating any similar regula- ards of people in Indonesia? Why don’t Mr. WELLSTONE. I move to lay that tions. In effect, this amendment would we have more to say about all the ways motion on the table. prohibit the Secretary of the Interior in which those people, not having de- The motion to lay on the table was from bypassing the States in the proc- cent jobs and decent wages, cannot buy agreed to. ess of approving class III Indian casino what our working people produce? Why Mr. STEVENS. Mr. President, it is gambling. don’t we have more to say about the my understanding that the next order Mr. President, I must admit that I way in which the IMF comes in, bails of business will be the amendment of am disappointed this amendment is out the bankers, bails out the inves- the Senator from Wyoming. I ask necessary at all. Last year, I offered an tors, insists on currency devaluation, unanimous consent that that be the amendment, along with a number of insists on austerity and, therefore, pending business. my colleagues, on the Interior appro- forces those countries into currency The PRESIDING OFFICER. The Sen- priations bill. We debated that on the devaluation and to exporting cheap ator is correct, the pending business is floor. That prohibited the Secretary of products into our country, thereby the amendment of the Senator from the Interior from approving any new hurting, again, working families in the Wyoming. tribal-State gambling compacts which United States of America? Not a word Mr. STEVENS. Is it possible, Mr. had not first been approved by the about that. President—I know the Senator from State in accordance with existing law. I think the Senate is in serious error Wyoming is for the amendment and I Although that amendment provided for not focusing like a laser beam on understand the Senator from Hawaii is only a 1-year moratorium, the intent of March 25, 1998 CONGRESSIONAL RECORD — SENATE S2557 the amendment was clear. Congress NATIONAL GOVERNORS ASSOCIATION, it is when a cabinet member fails to consider does not believe that it is appropriate Washington, DC, March 25, 1998. or enter into a dialogue with us about state’s for the Secretary of the Interior to by- Hon. TRENT LOTT, legitimate concerns. The Secretary is using the Seminole Tribe pass the States or to spend money by- Senate Majority Leader, U.S. Senate, Washing- ton, DC. of Florida vs. Florida decision by the Su- passing the States in an issue as impor- Hon. TED STEVENS, preme Court to inappropriately expand his tant as whether or not casino gambling Chair, Appropriations Committee, U.S. Senate, authority. The Indian Gaming Regulatory will be allowed within a State’s bor- Washington, DC. Act (IGRA) established a procedure whereby ders. Hon. THOMAS A. DASCHLE, decisions could be made when a state and The debate bore out that intent. I Senate Minority Leader, U.S. Senate, Washing- tribe were unable to agree to the terms of a ton, DC. compact. Before the Secretary is authorized think it was clearly understood. It to provide a compact to a tribe under IGRA, ended with a voice vote. It was passed Hon. ROBERT C. BYRD, Ranking Member, Appropriations Committee, the courts must first make a finding of bad by wide bipartisan support. Unfortu- U.S. Senate, Washington, DC. faith on the part of the state. When the Su- nately, the Secretary did not think, DEAR MAJORITY LEADER LOTT, MINORITY preme Court stuck down the portion of IGRA evidently, that Congress was serious LEADER DASCHLE, CHAIRMAN STEVENS, AND that permitted tribes to sue states in Fed- when we passed the amendment last SENATOR BYRD: This letter is to confirm Gov- eral Court, it eliminated the mechanism for year. ernors’ support for the Indian gaming-relat- arriving at a finding of bad faith by the ed amendment offered by Senators Michael court. It would be inappropriate for the Sec- On January 22 of this year, the De- retary to now take the authority to render a partment of the Interior, Bureau of In- B. Enzi, Richard H. Bryan, and Harry Reid to the Senate supplemental appropriations bill. finding of bad faith and then to authorize a dian Affairs, published proposed regula- This amendment prevents the secretary of gaming compact to a tribe over the objec- tions which would allow the Secretary the U.S. Department of the Interior from tions of a state. Moreover, the Secretary’s of the Interior to bypass the State’s promulgating a regulating or implementing action contradicts the clear intent of Con- authority in the compacting process. a procedure that could result in tribal Class gress as embodied in the final Interior con- In effect, these proposed regulations III gaming in the absence of a tribal-state ference report that you signed, which im- compact, as required by law. poses a one-year moratorium on imposition would allow Secretary Babbitt to ap- of a procedure that would result in tribal prove casino gambling agreements with The nation’s Governors strongly believe that no statute or court decision provides Class III gaming in the absence of a tribal- the Indian tribes without the consent the secretary of the U.S. Department of the state compact as required by law. or approval of the States. This is pre- Interior with authority to intervene in dis- As the National Governors’ Association cisely what Congress prohibited in last putes over compacts between Indian tribes policy states ‘‘nothing remains in the Indian year’s amendment. Evidently, Sec- and states about casino gambling on Indian Gaming Regulatory Act or any other law retary Babbitt did not think we were lands. Such action would constitute an at- that endows the Secretary with the author- tempt by the Secretary of the Interior to ity to independently create such a proc- serious. ess. . . . The Governors will actively oppose Mr. President, this amendment is de- preempt states’ authority under existing laws and recent court decisions and would any independent assertion by the Secretary signed to ensure that the proper proc- create an incentive for tribes to avoid nego- of the power to authorize tribal governments to operate Class III Gaming. State and tribal ess is followed in the tribal-State com- tiating gambling compacts with states. pacting process. There may be those Further, the secretary’s inherent author- governments are best qualified to craft who argue that changes need to be ity includes a responsibility to protect the agreements on the scope and conduct of interests of Indian tribes, making it impos- Class III Gaming under IGRA.’’ made to the Indian Gambling Regu- Furthermore, under the duties of the of- sible for the secretary to avoid a conflict of latory Act. I would not necessarily dis- fice, the Secretary has a special legal rela- interest or exercise objective judgment in agree with my colleagues on that tionship to Native Americans, and it would disputes between states and tribes. point. However, if any changes are to We urge your support of the Enzi/Bryan/ be impossible for him to be objective in mak- be made, the changes must come from Reid amendment. Please contact us if you ing decisions settling compact differences between states and tribes—in effect the Sec- Congress, not from an unelected Cabi- have any questions about our position on retary becomes a self-appointed judge and net official. By proposing these regula- these matters, or call Larry Magid of NGA, jury. tions, the Secretary of the Interior has at 202/624–7822. These are difficult issues, and we under- shown an amazing disregard for Con- Sincerely, stand the Secretary interpreting his role as gress and for all 50 States. RAYMOND C. SCHEPPACH. advocate for Native Americans. However, Mr. President, I have to admit that I Mr. ENZI. Mr. President, I also have Governors have Constitutional responsibil- find the timing of the Secretary’s ac- a letter from the Western Governors’ ities to all of the people of our states. Based tions ironic. Just recently, the Attor- Association, signed by the Governor of on these responsibilities we are compelled to tell you that the Secretary started down an ney General appointed an independent Alaska, who is the chairman of that as- sociation, again, reiterating their con- unproductive path when he concluded that counsel to investigate Secretary the Interior Department should become the Babbitt’s actions in regard to approv- cerns about bypassing the States sole arbiter in the compact process. ing and denying tribal-State gambling rights. I ask unanimous consent that We urge you to find a resolution to the compacts from Indian tribes in Wiscon- that letter also be printed in the conflicts between the states and tribes that sin. RECORD. is more appropriate than that initiated by There being no objection, the mate- the Secretary. The Western Governors’ Asso- Although we will have to wait for the rial was ordered to be printed in the ciation stands ready to participate in such investigation to take its course, it is an effort. RECORD, as follows: evident that serious questions have Sincerely, WESTERN GOVERNORS’ ASSOCIATION, been raised about the Secretary of the TONY KNOWLES, Interior’s objectivity in approving In- Washington, DC, December 5, 1997. Governor of Alaska, Chairman. WILLIAM J. CLINTON, dian gambling compacts. We should not President of the United States, The White Mr. ENZI. Mr. President, I also ask allow the Secretary of the Interior to House, Washington, DC. unanimous consent to have printed in usurp the rightful role of Congress and DEAR MR. PRESIDENT: It is the understand- the RECORD a resolution passed by the the States in addressing the difficult ing of the Western Governors’ Association, National Association of Attorneys Gen- question of Indian casino gambling. that the Secretary of Interior has proposed a eral at their spring meeting. Mr. President, this amendment has rule-making on Indian Gaming that would There being no objection, the mate- usurp the Governors authority to enter into rial was ordered to be printed in the the strong endorsement of the National compact negotiations on gaming with Indian RECORD, as follows: Governors’ Association. At their an- tribes. States have repeatedly voiced their nual convention this year, the Gov- concerns about the Secretary’s desire to pro- NATIONAL ASSOCIATION OF ATTORNEYS ernors adopted a resolution strongly mulgate this rule. On October 10, a letter GENERAL opposing the Secretary’s proposed reg- was sent by the National Governors’ Associa- RESOLUTION; OPPOSING PROPOSED DEPARTMENT ulations. I have a copy of that letter. I tion Chairman and Vice-Chairman to the OF INTERIOR REGULATIONS REGARDING SEC- ask unanimous consent that the letter Secretary of Interior on this rule-making RETARIAL PROCEDURES FOR CLASS III GAMING proposal. Whereas, Congress enacted the Indian be printed in the RECORD. It is evident that the states’ concerns have Gaming Regulatory Act, 25 U.S.C. Sections There being no objection, the mate- gone unheard or at least have not been re- 2701 to 2721 (1998)(‘‘IGRA’’), creating a statu- rial was ordered to be printed in the sponded to by the Secretary. As a former tory basis for the regulation of gaming by RECORD, as follows: Governor, you can appreciate how troubling Indian tribes; and S2558 CONGRESSIONAL RECORD — SENATE March 25, 1998 Whereas, IGRA provided the States a role letter explains that the Attorneys Gen- the tribes, is in no position to judge a State in the regulation of class III gaming through eral believe any attempts to cir- to be in ‘‘bad faith.’’ Nor can the Secretary a process utilizing compacts; and cumvent the States in the compacting re-write the statute to provide for a new Whereas, IGRA provided a remedial process process violates the language and form of ‘‘secretarial procedures,’’ designed to for tribes seeking to allege that a State has apply only when there has been no finding of failed to negotiate for class III gaming in meaning of the Indian Gambling Regu- ‘‘bad faith.’’ If there were the law Congress good faith; and latory Act. intended, it could have simply provided for Whereas, this statutory remedial process There being no objection, the mate- the Secretary of Interior to provide for tribal could not be initiated until a federal court rial was ordered to be printed in the gaming procedures and regulations in all determined that the State had failed to ne- RECORD, as follows: cases as a matter of federal law. An analysis of the legal error in Part V of gotiate in good faith; and STATE OF FLORIDA, Whereas, on March 27, 1996, the Court in the Eleventh Circuit’s Seminole opinion OFFICE OF ATTORNEY GENERAL, Seminole Tribe v. Florida, 116 S.Ct. 1114 (1996), June 28, 1996. clearly demonstrates these points. In the held that Congress could not abrogate the Re comments on establishing departmental opinion that was appealed to the Supreme States’ 11th Amendment immunity pursuant procedures to authorize class III gaming Court, the Eleventh Circuit Court of Appeals to the powers granted to it in the Indian on Indian lands when a State raises an included dicta stating that if a State in- Commerce Clause, thereby closing the door eleventh amendment defense to suit voked its Eleventh Amendment immunity, to the remedial process in IGRA unless a under the Indian Gaming Regulatory then a Tribe could apply directly to the Sec- State consents to being sued; and Act, Vol. 61 Fed. Reg. No. 92, pg. 21394 (5/ retary for the promulgation of procedures for Whereas, on May 10, 1996, the Bureau of In- 10/96). class III gambling in that state. By request dian Affairs published an Advanced Notice of of the Supreme Court, the Solicitor General Proposed Rulemaking in response to the de- Hon. BRUCE BABBITT, SECRETARY OF THE IN- filed a brief for the United States addressing cision in Seminole Tribe v. Florida, seeking TERIOR, U.S. DEPARTMENT OF THE INTERIOR, the petition and cross petition in the Semi- comment on, among other things, whether WASHINGTON, DC. nole case. With respect to the remedy sug- and under what circumstances the Secretary DEAR SECRETARY BABBITT: Please accept gested by the appeals court, he stated at of the Interior is empowered to prescribe this letter as the comments of the under- page 9, signed Attorneys General relating to the procedures for the conduct of class III gam- ‘‘The state petitioners in Nos. 94–35 and 94– above referenced Advance Notice of Proposed ing when a State interposes its 11th Amend- 219 seek review of the court of appeals’ ex- Rulemaking. The undersigned, on behalf of ment immunity to suit under IGRA; and pression of the view that, if a state does not Whereas, some 22 State Attorneys General our respective states, have a vital interest in consent to suit by a Tribe, the Secretary of have signed a letter concluding that ‘‘It is the proper execution of the Indian Gaming the Interior would have the authority to pre- Regulatory Act and in gambling activities in clearly contrary to law and inappropriate for scribe regulations to govern the conduct of our states generally. In Seminole Tribe v. Flor- the Secretary of the Interior to take action gaming on the Tribe’s Indian lands. That dis- ida, 116 S.Ct. 1114 (1996), the Supreme Court to promulgate regulations allowing class III cussion in the opinion below is dicta, since the upheld the Eleventh Circuit’s opinion that gambling as suggested’’ in the Advanced No- court ordered the case dismissed on sov- Congress had no authority to abrogate the tice of Rulemaking; and ereign immunity grounds[.]’’ (emphasis Eleventh Amendment immunity of the Whereas, on January 22, 1998, the Depart- added) States in the passage of IGRA and that the ment of the Interior, Bureau of Indian Af- Because the appeals court held that the doctrine of Ex parte Young could not be used fairs, published proposed regulations govern- case should be dismissed on sovereign immu- to circumvent the States’ immunity. The ing class III gaming procedures; nity grounds, the dicta in part V of the opin- Now, Therefore Be It Resolved That the court did not however address the issue ion does not provide any legal authority for National Association of Attorneys General: raised by Part V of the lower court opinion the Department of the Interior to act. In (1) opposes promulgation of the proposed regarding the remaining remedy for Tribes contrast to the dicta of the Eleventh Circuit, rules by the Department of the Interior, Bu- faced with States allegedly not bargaining in the Ninth Circuit Court of Appeals stated in reau of Indian Affairs, on the basis that the good faith, as required by IGRA. Spokane, that: Department lacks the legal authority to pro- INTRODUCTION AND BACKGROUND ‘‘The Eleventh Circuit was concerned by mulgate such regulations, as more fully set It is uniformly the legal view of the under- the regulatory void that it might leave by forth in General Butterworth’s letter of June signed state Attorneys General that, absent invalidating the IGRA’s provisions for fed- 28, 1996 to Secretary Babbitt (see attached); congressional authorization, the Secretary eral judicial enforcement. Those concerns il- (2) opposes the proposed regulations be- of Interior has no authority to prescribe lustrate the problem caused when state sov- cause they empower the Secretary of the In- class III tribal gaming procedures when a ereignty is injected into the federal scheme. terior to determine which games are ‘‘per- state raises an Eleventh Amendment bar to The Eleventh Circuit reasoned that a void mitted’’ in a given state, as that term is used a ‘‘bad faith’’ lawsuit under IGRA. Further, was not necessary because the provisions of in IGRA, a determination that requires an there is no legal question but that if the Sec- the statute authorizing the Secretary of In- interpretation of state law which should be retary were to assume such power, without terior to impose regulations would come into the exclusive province of the states them- congressional authorization, the Secretary effect once a state asserted immunity from selves; would be constrained by existing federal law, suit. (3) opposes the proposed regulations be- including the federal Gambling Devices When that occurred the Secretary of the cause they empower the Secretary of the In- (Johnson) Act, 15 U.S.C. 1175, from prescrib- Interior would, in the Eleventh Circuit’s terior to determine whether a State has ne- ing procedures that include any form of elec- view, remain authorized to impose regula- gotiated with a Tribe in good faith, even tronic or electro-mechanical gambling de- tions for Class III gaming. Seminole Tribe, 11 though the Secretary has an acknowledged vices. F.3d at 1029. In our view, however, such a re- trust responsibility for the Tribes, thus cre- Section 23 of IGRA also bars the Secretary sult would pervert the congressional plan. This ating a clear conflict of interest; from prescribing any gambling procedures is because the Secretary of the Interior (4) opposes the proposed regulations be- that are inconsistent with ‘‘State laws per- under the statute is to act only as a matter cause, in direct defiance of the Supreme taining to the licensing, regulation, or prohi- of last resort, and then only after consulting Court’s holding in Seminole Tribe, 116 S. Ct. bition of gambling.’’ Section 11(d)(6) of IGRA with the court appointed mediator who has at 1133, they ‘‘rewrite the statutory scheme lifts the prohibition of the Johnson Act only become familiar with the positions and in- in order to approximate what [the Depart- if there is a tribal-state compact in a state terests of both the tribes and the states in ment] think[s] Congress might have wanted where ‘‘the gambling devices are legal’’ court directed negotiations. 25 U.S.C. Sec. had it known that section 2710(d)(7) [the law- under state law. If the Secretary were to 2710(d)(7)(B)(iv)–(vii). The Eleventh Circuit’s suit provision] was beyond its authority’’; adopt procedures governing gaming proce- solution would turn the Secretary of the Interior and dures inconsistent with or abrogating state into a federal czar, contrary to the congres- (5) authorizes the executive director and law, it would be in violation of federal law. sional aim of state participation.’’—Spokane General Counsel of NAAG to transmit copies Nor can the Secretary legally ‘‘fuzz’’ the Tribe of Indians v. Washington State, 28 F.3d of this resolution to the Department of the statutory distinction between a tribal-state 991, 997 (C.A.9 (Wash.) 1994) (emphasis added) Interior, Bureau of Indian Affairs, before the compact and post-mediator secretarial pro- Any proposal to allow a direct by-pass to close of the comment period for the proposed cedures—the Congress gave these matters le- the Secretary is inconsistent with Congres- regulations on April 22, 1998, and to other in- gally distinct and meaningful definitions. sional intent for two reasons: (1) it allows terested individuals, members of Congress, Congress intended secretarial procedures in the tribes to circumvent State participation, and agencies, as appropriate. lieu of a compact to occur only when a state thereby not recognizing a legitimate interest Mr. ENZI. Mr. President, finally, I has been adjudged to have negotiated, or to of the States; and (2) it ignores IGRA’s de- ask unanimous consent to have printed have refused to negotiate, in ‘‘bad faith.’’ sign to include the states. It should be clear- The raising of an Eleventh Amendment de- ly understood that the proposed remedy has in the RECORD relevant excerpts from a fense by a State is not itself ‘‘bad faith’’—in- the effect of taking the states completely 1996 letter from Attorney General deed, the Constitution permits it, as the Su- out of the IGRA process. A Tribe would be Butterworth from Florida and signed preme Court has noted. Certainly the Sec- able to request a compact with a demand it by 22 State Attorneys General. This retary, who holds a trust responsibility to knows the State cannot accede to, thereby March 25, 1998 CONGRESSIONAL RECORD — SENATE S2559 guaranteeing that there will be no compact CONCLUSION torney general of the State of Ala- within 130 days, and providing the ‘‘predi- The undersigned Attorneys General strong- bama, and I was one of the 22 attorneys cate’’ for a ‘‘bad faith’’ lawsuit. This is pos- ly believe that it is clearly contrary to law general that signed the letter that Sen- sible because IGRA does not require that the and inappropriate for the Secretary of the ator ENZI mentioned earlier. This let- Tribe negotiate in good faith. At the end of Interior to take action to promulgate regula- ter, which was initiated under the lead- 180 days, with no progress toward a compact, tions allowing class III gambling as sug- the Tribe may file suit. If the State raises its gested. If Congress determines that there ership of Attorney General Bob Eleventh Amendment defense, the Tribe will needs to be a change in IGRA based on the Butterworth of Florida, was a 13-page petition directly to the Secretary of the In- Supreme Court’s holding in Seminole, then letter discussing the legal reasons why terior, undoubtedly for the gaming activities it is the appropriate forum for discussion of the attorneys general believe that the it knew the State could not agree to, includ- the balancing of interests among the state, Secretary of the Interior ought not to ing, in most cases, gambling devices and ac- federal and tribal governments. be setting the gambling policies for our tivities criminally prohibited in the state. ‘‘Deciding what competing values will or State participation has thereby been ren- will not be sacrificed to the achievement of various States. Why did we take this dered meaningless. a particular objective is the very essence of position? Because our review of appli- The proposed Secretarial remedy is incon- legislative choice—and it frustrates rather cable law revealed to us that there was sistent with the plain language of the stat- than effectuates legislative intent simplis- no legal basis for the Secretary of Inte- ute and is an effort to grant a remedy to the tically to assume that whatever furthers the rior to act this way, especially in light Tribes not found in IGRA. The Eleventh Cir- statutes primary objective must be the of the important Seminole Tribe v. Flor- cuit erroneously stated that the new remedy law.’’—Rodriguez v. United States, 480 U.S. ida case decided by the U.S. Supreme is consistent with the intent of Congress. By 522, 526 (1987). creating the remedy, the Eleventh Circuit Thank you for the opportunity to com- Court in 1996. sacrificed the States’ role in an effort to ef- ment on the proposed rulemaking. The issue of tribal gaming is a mat- fectuate its notion of the broad intent of Sincerely, ter of extreme importance. My home Congress. Robert A. Butterworth, Attorney Gen- state of Alabama has consistently re- ‘‘Deciding what competing values will or eral of Florida; Jeff Sessions, Attorney jected casino gambling in the State. will not be sacrificed to the achievement of General of Alabama; Winston Bryant, We have one small Indian tribe that a particular objective is the very essence of Attorney General of Arkansas; Daniel owns several pieces of property in the legislative choice—and it frustrates rather E. Lungren, Attorney General of Cali- than effectuates legislative intent simplis- fornia; Grant Woods, Attorney General State. If that tribe were able to go to tically to assume that whatever furthers the of Arizona; Richard Blumenthal, Attor- the Secretary of the Interior and ob- statute’s primary objective must be the ney General of Connecticut; M. Jane tain approval to build casinos on their law.’’—Rodriguez v. United States, 480 U.S. 522, Brady, Attorney General of Delaware; property, we would soon have three 526 (1987). The process and the remedy set Alan G. Lance, Attorney General of major, active casinos in the State of forth in § 2710(d)(7) was: ‘‘[T]he result of the Idaho; Frank J. Kelly, Attorney Gen- Alabama bringing with them all the Committee balancing the interests and eral of Michigan; Joseph P. Mazurek, problems that are associated with ca- rights of the tribes to engage in gaming Attorney General of Montana; Frankie sino gaming. The tribal reservations against the interests of the States in regu- Sue Del Papa, Attorney General of Ne- lating such gaming.’’ S. Rep. 100–446, S. 555, vada; Margery S. Bronster, Attorney are extremely small, however they 100th Cong., 2d Sess., 14. The Eleventh Cir- General of Hawaii; Scott Harshbarger, would impact the community to a cuit even recognized that IGRA was passed: Attorney General of Massachusetts; great degree. ‘‘[A]fter contentious debate concerning the Mike Moore, Attorney General of Mis- As the Senator from Wyoming so elo- appropriate state role in the regulation of sissippi; Don Stenberg, Attorney Gen- quently said, it is the States who will Indian gaming.’’—Seminole Tribe, 11F.3d at eral of Nebraska; Jeffrey R. Howard, bear the burdens and the responsibility 1019. Attorney General of New Hampshire; and the consequences of having the The Eleventh Circuit’s attempt to legislate Betty D. Montgomery, Attorney Gen- a new remedy and the Department of the In- Secretary of Interior impose gambling eral of Ohio; Thomas W. Corbett, Jr., on them. The Secretary of the Interior terior’s proposal to implement such a rem- Attorney General of Pennsylvania; Jef- edy are inappropriate and it should be left to frey L. Armestoy, Attorney General of should not be imposing tribal gaming Congress to reevaluate the balance of inter- Vermont; William U. Hill, Attorney decisions on the States. In the past, ests and purposes of this act in fashioning a General of Wyoming; Drew Edmondson, the Secretary had indicated that he new remedy, if one is needed. The Court of Attorney General of Oklahoma; Jeffrey would prefer not to intervene in these Appeals is not free to fashion remedies that B. Pine, Attorney General of Rhode Is- matters. If that is so, then he certainly Congress has specifically chosen not to ex- land; Darrel V. McGraw, Jr., Attorney should not oppose this legislation that tend. Landgraf v. U.S.I. Film Products, General of Virginia. llU.S.ll. n 36, 62 U.S.L.W. 4255, 4267 n. 36 would prohibit his ability to unilater- (April 26, 1994); see, Northwest Airlines, Inc. v. Mr. ENZI. Mr. President, the ration- ally decide state gaming issues. I think Transportation Workers. 451 U.S. 77, 97 (1981). ale behind this amendment is simple: this issue is a matter that we need to Nor can the Secretary fashion such a rem- Society as a whole bears the burden of treat very significantly. edy. the effects of gambling. A State’s law Make no mistake about it, having The legal error underlying the suggested enforcement, social services, and com- been involved in the process, I learned process can be shown by the facts of the Sem- munities are seriously impacted by the something that is quite important, and inole case itself. The Seminole Tribe re- expansion of casino gambling on Indian that is just how much money is in- quested a compact and proceeded to file suit tribal lands. Therefore, a decision against the State of Florida with a demand volved. When the Secretary of the Inte- for slot machines and gambling activities about whether or not to allow casino rior, one man, can look at one group of criminally prohibited by Florida. The Dis- gambling on Indian lands should be ap- claimants, or favor one Indian tribe trict Court found that the State had not proved by popularly elected representa- over another, and he can then select a failed to negotiate in good faith. Accord- tives, not by an unelected Cabinet offi- group and say, ‘‘You can get a gam- ingly, the Tribe was not entitled to medi- cial. bling casino,’’ he may have made that ation or the ‘‘secretarial procedures’’ that I urge my colleagues to stand up for group hundreds of millions of dollars— follow a court-appointed mediator’s involve- the rights of the States and the rights I do not mean one million, I mean hun- ment. However, under the suggested ‘‘Sec- of this Congress, as popularly elected dreds of millions of dollars—and an- retarial remedy,’’ the Seminole Tribe could leaders, by voting for this amendment. apply to the Secretary for gaming proce- And, Mr. President, the chairman of other tribe may get nothing from that. dures, even in the face of a finding of good The Secretary’s ability to make one the subcommittee, Senator GORTON, faith on the part of the State. This locks the decision which makes certain groups State out of the process, contrary to the in- also approves of the amendment. I do ask for your consideration of that rich and certain groups poor is one rea- tent of Congress. son why the committee testimony con- The states have a legitimate interest in amendment. what transpires on Indian reservations with- Several Senators addressed the cerning Mr. Babbitt’s dealing with con- in their borders. It is clear that the patrons Chair. tributions tied to Indian gaming was of Indian gambling operations are not tribal The PRESIDING OFFICER. The Sen- such a dramatic, and unseemly, event. members, but generally non-Indian members ator from Alabama. So I think that is not the way public of the surrounding communities. Further, Mr. SESSIONS. I thank the Senator policy and gambling policy ought to be the States have an interest in protecting all from Wyoming for yielding me time. set in America. It ought to be set on a state citizens. I rise to endorse the comments made rational basis by the people of the * * * * * by Senator ENZI. In 1996, I was the at- State who would have to live with that S2560 CONGRESSIONAL RECORD — SENATE March 25, 1998 activity. I think Senator ENZI is cor- In between, there are 48 other States sino gaming, as the distinguished Sen- rect. Similar legislation passed once that have adopted variations of gam- ator from Alabama pointed out. I be- before, I think, with consent. I hope ing. So there are a number of States lieve that is a determination the that it will again. I believe we need to that have entered into compacts; that States, the Governors, ought to make. make clear that the people of our is, agreements between Governors and The law is clear, once a State crosses States will be the ones to decide tribes. The Enzi-Bryan-Reid amend- the Rubicon and permits a form of whether or not gambling occurs. ment in no way impacts those States gaming, the tribal governments within I would just like to share a quote that have previously entered into com- that State should be entitled to the from an editorial appearing in the pacts. Those are valid and continue to same. That is fair. What is sauce for Montgomery Advertiser last year. In be effective. the goose is sauce for the gander. There this editorial the Advertiser, the news- What is at issue here is that some is no quarrel with that. paper of the capital of Alabama, says: tribes, particularly in California and But the tribes have sought to push Regardless of whether one favors or op- Florida, have tried to force the respec- some of the Governors and say, ‘‘Look, poses legalized gambling on Indian lands, tive Governors of those States to per- we want slot machines. Even though surely there can be little dispute over the le- mit gambling activity, which those you do not permit that as a matter of gitimate interest of states in having some States do not permit, specifically in public policy, we believe you ought to say in the matter, rather than having gam- the form of slot machines. California be required to negotiate that, and if bling instituted within their borders through you won’t negotiate that, we will ac- federal-level negotiations. has made a determination that they do not, as a matter of public policy, favor cuse you of acting in bad faith and will Respecting the role of states is fun- slot machines, so therefore slot ma- go to the Secretary of Interior and damental to this issue, and Senator chines are not permitted in California. have him make that determination.’’ ENZI’s amendment solves the problem In Florida, the same public policy pre- I believe however we line up on the of Federal intrusion created by the reg- vails. And the tribes have sought to political spectrum in this Chamber, ulations put forward by the Secretary force those Governors to negotiate this that is not a decision that the Sec- of Interior. I salute Senator ENZI for kind of gambling activity. retary of Interior ought to be making. his amendment, and I thank the Chair In California today, there are 40 That is a decision which the State, as and yield the floor. tribes that operate 14,000 illegal slot a matter of public policy, should deter- The PRESIDING OFFICER. Who machines, slot machines that are not mine for itself—how much, how little, yields time? if any, gaming activity should be al- Mr. ENZI addressed the Chair. part of negotiated compacts. Recently, the Governor of California and the Pala lowed. The PRESIDING OFFICER. The Sen- What our amendment does is to re- ator from Wyoming. Band Indian Tribe have entered into a compact that does not, Mr. President, fine the amendment that was offered as Mr. ENZI. I yield such time as Sen- part of the appropriation process and ator BRYAN needs, the Senator from include the gambling activity that cur- rently illegally exists in these 20 res- goes further and says, ‘‘Look, you shall Nevada. not go forward with this rulemaking The PRESIDING OFFICER. The Sen- ervations; namely, slot machines. What is troublesome to my col- process,’’ in the context of the appro- ator from Nevada. priations for this year. I believe that is Mr. BRYAN. Mr. President, I thank leagues who join me on this amend- totally consistent with what we began you. ment and what was of concern to the I am happy to yield to the distin- Congress in the last session is the Sec- last year, and I believe it is something guished Senator from Hawaii, who has retary of the Interior has moved for- this Chamber ought to reaffirm. My concern is that the rate in which not had an opportunity to speak. If he ward with regulations that would say this rulemaking process is proceeding wishes to precede me, I would be happy the Governors and the tribes are not is, the day after the current appropria- to yield. the ones to determine the scope of tions bill expires, October 1, we have a Mr. President, I think it is helpful to gaming in a given State; the Secretary regulation out there and the Secretary our colleagues if we put this amend- of the Interior should have that right. of Interior will begin to make deter- ment in some context. So in the Interior appropriations bill In 1988, the Congress enacted the In- that was approved last year, we offered minations as to the scope of gaming dian Gaming Regulatory Act. That act a provision that said, in effect, the Sec- permitted in States. May I say in the says that to the extent that States per- retary of Interior is prohibited from ex- two States in question, one of them mit gaming activities within the pending any money to implement a presided over by a Democrat, one by a States, that Indian tribes within those regulation which would give to him the Republican, this is bipartisan. Both of States should have the same oppor- authority to be the final arbiter be- those Governors have resisted that. tunity. Let me say that I am in support tween a tribe and a State as to what The National Governors Association of that philosophy. should be negotiated. has gone on record as opposing the Sec- In Nevada, we have a full range of ca- What causes our renewed concern is, retary of Interior’s position, the Na- sino gaming activity. There is no ques- the Secretary of Interior has now tional Association of Attorneys Gen- tion in my State that tribes within Ne- begun a rulemaking process that has eral has gone on record as opposing it, vada have the same opportunity, and, been out for public comment, that is Democrats and Republicans in both of indeed, we have five compacts that currently before the Office of Manage- those two associations, because in ef- have been ratified between the Gov- ment and Budget for review, that is fect the Secretary of Interior would be ernor and the tribes in my State per- doing the very sort of thing that we allowed to preempt State public policy. mitting those tribes to conduct the sought to prohibit in the appropria- That is something that I believe none same kind of activity for gaming enter- tions bill last year. of us would want to occur. prises that we have in Nevada. What this amendment does is to reaf- I yield the floor. Let me give a contrast, if I may. My firm the policy of the Congress that AMENDMENT NO. 2134 friend from Hawaii and our colleagues the Secretary of Interior shall not (Purpose: To express the Sense of the Senate from Utah—in those two States a de- move forward in overriding, if you will, that of the rescissions, if any, which Con- gress makes to offset appropriations made termination has been made that no a determination between a Governor for emergency items in the Fiscal Year form of gaming activity should be per- and the tribe as to the scope of gaming. 1998 supplemental appropriations bill, de- mitted, something that I believe is a I am familiar with no circumstance— fense spending should be rescinded to offset matter of public policy for those two none—in which a Governor today has increases in spending for defense programs) States to make a determination. So it refused to negotiate in good faith for Mr. BUMPERS. I ask unanimous con- is equally clear under the act that In- gambling activity on a tribal reserva- sent I be permitted to send an amend- dian tribes would have no opportunity tion that is consistent with that ment to the desk, the same be imme- to participate in Indian gaming unless State’s public policy. So what we are diately laid aside, and later brought for the States chose to permit it because really talking about here are tribes consideration. they have made a public policy not to that have been putting a lot of pressure Mr. STEVENS. Reserving the right have any form of gaming. on Governors to, in effect, open up ca- to object, what is the amendment? March 25, 1998 CONGRESSIONAL RECORD — SENATE S2561 Mr. BUMPERS. I will send the The legislative clerk proceeded to Mr. ROBB. Mr. President, I thank the amendment to the desk to be set aside call the roll. Senator from Alaska. to be brought up at your discretion. Mr. STEVENS. Mr. President, I ask AMENDMENT NO. 2135 Mr. STEVENS. Is this the one on unanimous consent that the order for (Purpose: To reform agricultural credit pro- which I was to have the colloquy with the quorum call be rescinded. grams of the Department of Agriculture, the Senator from Arkansas? The PRESIDING OFFICER. Without and for other purposes) Mr. BUMPERS. I will discuss that objection, it is so ordered. Mr. ROBB. Mr. President, I send an with you in just a moment. VOTE ON AMENDMENT NO. 2130 amendment to the desk. Mr. STEVENS. The Senator has that The PRESIDING OFFICER. Under The PRESIDING OFFICER. The right. the previous order, debate on the Enzi clerk will report. The PRESIDING OFFICER. Without amendment will be suspended in order The legislative clerk read as follows: objection, it is so ordered. to vote on amendment No. 2130. The Senator from Virginia (Mr. ROBB) pro- The clerk will report. The question is on agreeing to the poses an amendment numbered 2135. The legislative clerk read as follows: amendment of the Senator from North Mr. ROBB. Mr. President, I ask unan- The Senator from Arkansas [Mr. BUMPERS] Carolina, Mr. HELMS. imous consent that reading of the proposes an amendment numbered 2134. The yeas and nays have been ordered. amendment be dispensed with. Mr. WARNER. I ask unanimous con- The clerk will call the roll. The PRESIDING OFFICER. Without sent reading of the amendment be dis- The legislative clerk called the roll. objection, it is so ordered. pensed with. The PRESIDING OFFICER (Mr. AL- The amendment is as follows: The PRESIDING OFFICER. Without LARD). Are there any other Senators in At the appropriate place, add the follow- objection, it is so ordered. the Chamber desiring to vote? ing: The amendment is as follows: The result was announced—yeas 90, ‘‘SEC. 1. SHORT TITLE. nays 10, as follows: This section may be cited as the ‘Agricul- At the appropriate place insert the follow- tural Credit Restoration Act’. ing: [Rollcall Vote No. 43 Leg.] YEAS—90 SEC. 2. AMENDMENTS TO THE CONSOLIDATED ‘‘SEC. . SENSE OF THE SENATE WITH REGARD FARM AND RURAL DEVELOPMENT TO OFFSETS. Abraham Enzi Lott ACT. (a) FINDINGS.—The Senate finds that— Akaka Faircloth Lugar (a) Section 343(a)(12)(B) of the Consolidated Allard Feingold Mack (1) the Budget Enforcement Act contains Farm and Rural Development Act (7 U.S.C. discretionary spending caps to limit discre- Ashcroft Ford McCain Baucus Frist McConnell 1991(a)(12)(B)) is amended to read as follows: tionary spending; Bennett Glenn Mikulski ‘‘(B) EXCEPTIONS.—The term ‘debt forgive- (2) within the discretionary spending caps, Biden Gorton Moseley-Braun ness’ does not include— Congress has imposed firewalls to establish Bond Graham Moynihan ‘‘(i) consolidation, rescheduling, re- overall limits on spending for non-defense Boxer Gramm Murkowski amortization, or deferral of a loan; discretionary programs and overall limits on Breaux Grams Murray ‘‘(ii) debt forgiveness in the form of a re- spending for defense discretionary programs; Brownback Grassley Nickles structuring, write-down, or net recovery (3) any increase in non-defense discre- Bryan Gregg Reed Bumpers Hagel Reid buy-out during the lifetime of the borrower tionary spending that would exceed the non- Burns Harkin Robb that is due to a financial problem of the bor- defense discretionary spending caps must be Byrd Hatch Roberts rower relating to a natural disaster or a offset by rescissions in non-defense discre- Campbell Helms Roth medical condition of the borrower or of a tionary programs; Chafee Hollings Santorum member of the immediate family of the bor- (4) any increase in defense discretionary Cleland Hutchinson Sessions rower (or, in the case of a borrower that is an spending that would exceed the defense dis- Coats Hutchison Shelby entity, a principal owner of the borrower or cretionary spending caps must be offset by Cochran Inhofe Smith (NH) Collins Inouye Smith (OR) a member of the immediate family of such rescissions in defense discretionary pro- Conrad Jeffords Snowe an owner); and grams; Coverdell Johnson Specter ‘‘(iii) any restructuring, write-down, or net (5) the Budget Enforcement Act exempts Craig Kempthorne Stevens recovery buy-out provided as a part of a res- emergency spending from the discretionary D’Amato Kerrey Thomas olution of a discrimination complaint spending caps; Daschle Kohl Thompson against the Secretary.’’. (6) certain items funded in the FY98 sup- DeWine Kyl Thurmond (b) Section 353(m) of such Act (7 U.S.C. plemental appropriations bill have been des- Domenici Landrieu Torricelli Dorgan Levin Warner 2001(m)) is amended by striking all that pre- ignated as emergencies and thus are exempt Durbin Lieberman Wyden cedes paragraph (2) and inserting the follow- from the budget cap limitations; ing: (7) the House of Representatives will be NAYS—10 ‘‘(m) LIMITATION ON NUMBER OF WRITE- considering a version of the FY98 supple- Bingaman Kerry Sarbanes DOWNS AND NET RECOVERY BUY-OUTS PER mental appropriations bill that will purport- Dodd Lautenberg Wellstone BORROWER.— edly make rescissions to offset spending on Feinstein Leahy ‘‘(I) IN GENERAL.—The Secretary may pro- items that have been deemed emergencies; Kennedy Rockefeller vide a write-down or net recovery buy-out (8) the rescissions included in the House of The amendment (No. 2130) was agreed under this section on not more than 2 occa- Representatives FY98 supplemental appro- to. sions per borrower with respect to loans priations bill will purportedly come solely Mr. HELMS. Mr. President, I move to made after January 6, 1988.’’. from non-defense discretionary programs; reconsider the vote by which the (c) Section 353 of such Act (7 U.S.C. 2001) is (b) SENSE OF THE SENATE.—It is the Sense amended by striking subsection (o). of the Senate that of the rescissions, if any, amendment was agreed to. (d) Section 355(c)(2) of such Act (7 U.S.C. which Congress makes to offset appropria- Mr. STEVENS. I move to lay that 2003(c)(2)) is amended to read as follows: tions made for emergency items in the Fis- motion on the table. ‘‘(2) RESERVATION AND ALLOCATION.— cal Year 1998 supplemental appropriations The motion to lay on the table was ‘‘(A) IN GENERAL.—The Secretary shall, to bill, defense spending should be rescinded to agreed to. the greatest extent practicable, reserve and offset increases in spending for defense pro- Mr. STEVENS. Mr. President, we are allocate the proportion of each State’s loan grams. waiting on an agreement on what to do funds made available under subtitle B that is The PRESIDING OFFICER. The with the bill for the remainder of the equal to that State’s target participation rate for use by the socially disadvantaged amendment is set aside. evening and tomorrow. I urge Sen- farmers or ranchers in that State. The Sec- The Senator from Hawaii has the ators—again, we are making up a list. retary shall, to the extent practicable, dis- floor. We call it a finite list. We hope to get tribute the total so derived on a county by Mr. INOUYE. Parliamentary inquiry. an agreement before we leave here that county basis according to the number of so- Is there a vote scheduled at 6:30? amendments, unless they are on the cially disadvantaged farmers or ranchers in The PRESIDING OFFICER. The Sen- list, will not be in order for this bill. So the county. ator is correct; there is a vote sched- I urge Senators to speak to their re- ‘‘(B) REALLOCATION OF UNUSED FUNDS.—The uled for 6:30. spective sides to see to it. That is the Secretary may pool any funds reserved and allocated under this paragraph with respect Mr. INOUYE. I suggest the absence of suggestion. to a State that are not used as described in a quorum. I yield to the Senator from Virginia. subparagraph (A) in a State in the first 10 The PRESIDING OFFICER. The He wants to qualify an amendment months of a fiscal year with the funds simi- clerk will call the roll. now. larly not so used in other States, and may S2562 CONGRESSIONAL RECORD — SENATE March 25, 1998 reallocate such pooled funds in the discre- FARAD Mr. BUMPERS. My colleague from tion of the Secretary for use by socially dis- Mr. BAUCUS. Mr. President, I under- Georgia is correct. The reports from of- advantaged farmers and ranchers in other stand that the USDA is working to- ficials at the Department of Agri- States.’’. ward the release of funds relating to (e) Section 373(b)(1) of such Act (7 U.S.C. culture would suggest that with an ad- 2008h(b)(1)) is amended to read as follows: the competitively awarded Smith ditional $50 million, which would bring ‘‘(1) IN GENERAL.—Except as provided in Lever 3(d) Food Safety grants program. the total supplemental appropriation paragraph (2), the Secretary may not make An eligible activity of this program is for the Emergency Watershed and or guarantee a loan under subtitle A or B to the Food Animal Residue Avoidance Flood Prevention account to $100 mil- a borrower who on, 2 or more occasions, re- Database (FARAD). The American peo- lion along with the $60 million allo- ceived debt forgiveness on a loan made or ple are demanding higher levels of food cated for the Emergency Conservation guaranteed under this title.’’. safety, and the FARAD program will (f) Section 373(c) of such Act (7 U.S.C. Program, the needs of Georgia as well 2008h(c)) is amended to read as follows: help develop better methods of assur- as the numerous other Americans ‘‘(c) NO MORE THAN 2 DEBT FORGIVENESSES ing the safety of food products from around the country who are in need of PER BORROWER ON DIRECT LOANS.—The Sec- our livestock sector. natural disaster relief will be met. retary may not, on 2 or more occasions, pro- The Smith Lever 3(d) Food Safety Mr. CLELAND. I thank my colleague vide debt forgiveness to a borrower on a di- program contains a total of $2,365,000, for his assistance. The vital funds for rect loan made under this title.’’. but it has been suggested that only disaster assistance provided in this bill SEC. 2. REGULATIONS. $195,000 would be available for the will be a blessing for those farmers in Not later than 90 days after the date of the FARAD activities. However, I under- enactment of this Act, the Secretary of Agri- Georgia who have been so devastated culture shall promulgate regulations nec- stand that FARAD is not limited by by the severe weather that they have essary to carry out the amendments made by the suggested amount of $195,000 and endured for the past year. I also will be this Act, without regard to— that additional funds under the Smith thankful to see that relief is provided (1) the notice and comment provisions of Lever 3(d) Food Safety grants program to those in the Northeast and Califor- section 553 of title 5, United States Code; and could be directed to FARAD as a com- nia as well as the many other Ameri- (2) the statement of policy of the Secretary petitive award. I further understand of Agriculture relating to notices of proposed cans who have been victims of natural rule-making and public participation in rule- that no funds under this program have disaster. I thank Senator BUMPERS for making that became effective on July 24, been obligated for the current fiscal his leadership in this effort for the peo- 1971 (36 Fed. Reg. 13804). year. ple of Georgia and all those affected. Mr. ROBB. Mr. President, I ask unan- Mr. BUMPERS. The Senator from Mr. WARNER. Mr. President, I am imous consent that the amendment be Montana is correct. The suggested fig- privileged to be the chairman of the temporarily set aside. ure of $195,000 is not a binding cap on Subcommittee on Transportation and The PRESIDING OFFICER. Without the funds potentially available to Infrastructure of the full Committee on objection, it is so ordered. FARAD in fiscal year 1998. I under- Environment and Public Works. I have Mr. ROBB. Mr. President, very brief- stand that grants under the Smith been involved in the Patent and Trade- ly, this is an amendment to correct a Lever 3(d) Food Safety program will be mark Office space consolidation for the measure that was in the 1996 agri- awarded in the near future and that past 4 years. However, this has had a culture bill. There are $48 million in proponents of the FARAD program much longer history of review. In Au- this emergency bill to provide for di- should be advised that additional com- gust of 1995, GSA, the Department of rect operating loans to farmers. But petitive funds may be available and Commerce, and the PTO negotiated most of the minority and small farmers they may wish to craft their applica- with OMB on alternatives for proceed- are not able to get to those loans be- tions to reflect this opportunity. ing to consolidation and the placement cause of a disqualifying provision. This DISASTER ASSISTANCE of the PTO’s expiring leases scheduled corrects that. We will try to work it Mr. CLELAND. Mr. President, I for 1996. The administration deter- out so it will be accepted when it is would first like to thank my distin- mined that there were insufficient taken up on the floor. guished colleagues, the Chairman, Sen- funds available in the President’s budg- Mr. President, I rise today to offer an ator STEVENS and Ranking Member et for the foreseeable future to pursue amendment to improve access to the Senator BYRD for addressing the issue these alternatives of direct Federal USDA’s lending programs for farmers. of providing relief for Georgia disaster construction or an equity lease. The emergency supplemental appro- victims in this bill. And, to my col- Let me repeat, Mr. President: That priations bill we’re considering con- league, Senator COVERDELL the Senior history has shown that often construc- tains enough funds to allow $48 million Senator from Georgia for his direct in- tion is less expensive than the option more money to be available for direct volvement and for offering his amend- of leasing. There is no mystery here. operating loans. These loans are cru- ment to see that adequate relief is ob- The problem is, we do not have $250 cial to farmers, especially in the tained for Georgia. I am proud to be a million to construct such a building. spring, because they use the borrowed co-sponsor of his amendment. I would Budget constraints dictate a lease in funds to buy the seed, fertilizer and also like to thank my colleague Sen- this instance. other material essential for planting, ator BUMPERS, for his skillful work as For this reason OMB then authorized which they repay after harvest. the Ranking Member on the Agri- the General Services Administration to Unfortunately, there are many mi- culture Appropriations Subcommittee transmit a prospectus, pursuant to the nority and socially disadvantaged in his efforts to incorporate the valu- Public Buildings Act, to the House farmers who will not have access to able requests for disaster assistance Transportation and Infrastructure these critical loan funds because of a into this bill. Committee and the Senate Environ- provision in the 1996 farm bill. That Mr. BUMPERS. I thank the Senator. ment and Public Works Committees re- provision bars a farmer—forever—from Mr. CLELAND. I would like to follow questing authorization to acquire a turning to the USDA’s loan programs if up on the comments made yesterday by competitively procured, 20-year operat- they have ever defaulted previously on my colleagues, Senator COCHRAN and ing lease for 1,989,116 occupiable square a federally-backed agricultural loan. Senator COVERDELL with a question to feet (osf) to consolidate the PTO on a This inflexible provision permanently Senator BUMPERS. I wanted to confirm Northern Virginia site within bound- eliminates the farmers’ access to these the report that the $60 million from the aries extending from the Potomac loan programs, even if the cause of the Emergency Conservation Program River along the Dulles corridor. Once previous default was the result of ra- along with the amendment providing again, let me stress that this is a com- cial discrimination against the farmer an additional $50 million from the petitively procured lease. perpetrated by the Federal Govern- Emergency Watershed and Flood Pre- Mr. President, the prospectus was ap- ment, or a disaster beyond the farmer’s vention program provided in the 1998 proved by the Senate Committee on control, or a medical condition which Emergency Supplemental Appropria- Environment and Public Works on Oc- affected the farmer’s ability to pay. tions Bill will be sufficient to fully tober 24, 1995, and the House Commit- My amendment addresses this situa- cover the losses in Georgia resulting tee on Transportation and Infrastruc- tion. from the recent flooding and tornado? ture on November 16, 1995. The Senate March 25, 1998 CONGRESSIONAL RECORD — SENATE S2563 Committee on Environment and Public available for either construction or March 26, that immediately following Works carefully considered the need lease-purchase of this project? That is the prayer the routine requests for the facility, various alternatives, what the Senate Environment and Pub- through the morning hour be granted, and the costs of each approach before lic Works Committee was relying upon and the Senate resume consideration of authorizing the lease procurement to when we authorized this long-term S. 1768, the emergency supplemental be conducted by the GSA for the PTO. lease. appropriations bill. Further, both Committees directed Mr. GREGG. That is also my under- The PRESIDING OFFICER. Without GSA to amend its Source Selection ap- standing. objection, it is so ordered. proach to provide ‘‘that any evaluation Mr. WARNER. Finally, I am con- Mr. STEVENS. Mr. President, tomor- used for such acquisition considers cerned that the study comparing the row the Senate will resume consider- proximity to public transportation, in- cost versus the benefit of relocating to ation of this emergency supplemental cluding MetroRail, to be a factor as im- a new facility compares ‘‘apples to ap- appropriations bill with 50 minutes re- portant as any other non cost factor.’’ ples’’. Therefore, it is important that maining on the Enzi amendment to I have been assured by the PTO, Sen- such things as the cost of space re- begin at 10 o’clock. We have a couple of ator GREGG, that prior to the issuance quired to accommodate new staff at calendar items to take place before of the Solicitation for Offerors (SFO), the PTO’s existing locations; the costs that time. So we will start on the bill the PTO undertook a detailed analysis of bringing existing facilities into com- at 9:30. and review of case law, news articles, pliance with current, not grand- I further ask unanimous consent that and recent Federal acquisitions and fathered, codes for life safety and ac- the vote on or in relation to the Enzi leases such as: the Internal Revenue cessibility for the disabled, and the amendment occur at the expiration of Service, the Federal Communications costs of providing amenities such as the 50 minutes, which will be at 10:50 Commission, and the Ronald Reagan day care facilities be considered as part a.m. Building etc. to identify potential of the costs of PTO’s remaining in its The PRESIDING OFFICER. Without problems with the PTO procurement. current space. Do you agree? objection, it is so ordered. In short, the analysis that the Sen- Mr. GREGG. I believe that these Mr. STEVENS. Following that vote, I ator seeks was performed by the Ad- things should be considered in the cost anticipate final action on IMF, amend- ministration in developing the prospec- versus benefit analysis. ment No. 2100. And that leaves the tus, was reviewed by both the House Mr. WARNER. I have taken a very Nickles amendment as the only other and Senate authorizing committees, active role in this matter because of issue that is presently brought to de- and approved in 1995. Furthermore, as I the wonderful, loyal, dedicated service bate to be concluded prior to ending have already stated, the PTO and the of the thousands of employees of PTO. this bill. Administration are continuing to re- I think our Federal Government owes It is my understanding that about validate that analysis. them no less than the opportunity to seven amendments on what we call the Mr. President, to date, all analysis of have a new facility to perform their finite list are before the body now. We this procurement has shown that under valuable work, and I hasten to say this have two that have been brought for- the current budget scenario, this pro- building will largely be financed not by ward on this side. curement is needed by the PTO, and is Federal taxpayers funds but by funds I now ask unanimous consent that, in the best interest of the taxpayers. derived from the sevices performed by unless an amendment is listed on that PTO currently resides in expired hold- the people. list tonight before we conclude busi- over leases. This is an untenable and I yield the floor. ness today, no further amendment costly situation that must be addressed Mr. STEVENS. Mr. President, I do other than what is on that list be in immediately. not know of any further amendments order for tomorrow. Senator GREGG will now join in a col- on our side. There will be a managers’ If you want to read that list, I will be loquy. package. I understand Senator SMITH happy to read that list. As we discussed, am I correct that has an amendment, and Senator MUR- The PRESIDING OFFICER. Is there the current language as drafted ex- KOWSKI has an amendment. objection? cludes comparison in the requested re- Mr. President, before we do anything Mr. MURKOWSKI. Mr. President, I port between leasing and federal con- more, I would suggest the absence of a wonder if we could find out if our struction? quorum and wait for the leader to amendments are on the list? Mr. GREGG. That is correct. Mr. STEVENS. They have both been Mr. WARNER. Would the Senator come. identified and they are on the list as also agree that the budget will not Mr. KENNEDY. Will the Senator far as I am concerned. We will put likely enable us to proceed with any withhold so I may speak briefly? Mr. STEVENS. We have a pending them on the list now. project which will be scored as a cap- matter with people entitled to speak The PRESIDING OFFICER. Is there ital investment? Mr. GREGG. That is correct. now if we go back on the bill. I would objection? The Senator from Massachu- Mr. WARNER. Does the Senator have suggest the absence of a quorum so we setts. a view as to whether the Appropria- can straighten that out, and the Sen- Mr. KENNEDY. I would like to, if I tions Committee would be prepared to ator can speak. If we make this ar- could, include a slot for an amendment fund a lease/purchase arrangement, rangement, anyone who wants to speak that will be related to the Nickles given the scoring impacts that would may do so. amendment if it is necessary to call result in such a transaction? The PRESIDING OFFICER. The that up. Mr. GREGG. No we are not. clerk will call the roll. Mr. STEVENS. All right. As long as Mr. WARNER. Is it the Senator’s un- The bill clerk proceeded to call the it is disclosed tonight, fine. derstanding that a lease-purchase roll. The PRESIDING OFFICER. Is there would require that budget authority be Mr. STEVENS. Mr. President, I ask objection? scored against this project? Where as a unanimous consent that the order for Mr. KENNEDY. As I understand, that operating lease is only scored for the the quorum call be rescinded. will be a Kennedy amendment to the annual rent payment? The PRESIDING OFFICER. Without Nickles amendment, relating to the Mr. GREGG. Yes, that is my under- objection, it is so ordered. Nickles amendment. standing. f The PRESIDING OFFICER. Is there Mr. WARNER. I thank the Senator. objection? ORDERS FOR THURSDAY, MARCH Is it true that this budget authority for Mr. BYRD. Mr. President, reserving 26, 1998 any lease-purchase would be scored the right to object. against GSA’s Federal Buildings Fund? Mr. STEVENS. Mr. President, in be- The PRESIDING OFFICER. The Sen- Mr. GREGG. That is my understand- half of the leader, I ask unanimous ator from West Virginia. ing. consent that when the Senate com- Mr. STEVENS addressed the Chair. Mr. WARNER. Is it the Senator’s un- pletes its business today it stand in ad- The PRESIDING OFFICER. The Sen- derstanding that there is no capital journment until 9:30 a.m. on Thursday, ator from Alaska. S2564 CONGRESSIONAL RECORD — SENATE March 25, 1998 Mr. STEVENS. Will the Senator from Mr. KENNEDY. Mr. President, I am sure that the members of the Senate Massachusetts clarify, is the amend- informed by the Parliamentarian that were fully informed on the merits of ment a second-degree for Nickles or a the correct request would have been, this legislative initiative. They were substitute for Nickles? since the Nickles amendment is to active in obtaining cosponsors. They Mr. KENNEDY. It would be a second- strike, that my amendment to that certainly made a difference in the leg- degree. would be in the first-degree rather than islative success of Senate Resolution Mr. STEVENS. I have on the list, for the second-degree, and I make that re- 155. everyone’s notification, another ver- quest. Mr. President, Scottish Americans sion of the IMF amendment should the The PRESIDING OFFICER. Is there have made many great contributions to pending McConnell amendment be de- objection? our country. They work in many dif- feated, which I don’t anticipate, but I Mr. STEVENS. That amends the pre- ferent fields and professions. They add just want people to know that. vious agreement. That very much to the very essence of what is known Mr. BYRD. Will the distinguished clarifies it, that the amendments dis- across the globe as the American char- Senator restate what the situation will cussed with Senator SMITH and Senator acter. Let me name a few of the more be in the event that the IMF amend- MURKOWSKI are on the list, my IMF prominent Scottish-Americans: Neil ment is defeated? amendment is on the list, and the Armstrong, Alexander Graham Bell, Mr. STEVENS. If the IMF amend- amendments that are on the list that Andrew Carnegie, William Faulkner, ment is defeated, we would call up an- the lady has here—and the managers’ Malcolm Forbes and Elizabeth Taylor, other version of that amendment. package. There is a managers’ package. just to name a few. Today many Amer- Mr. BYRD. Would amendments then icans of Scottish ancestry continue to be in order? That is ours that is on the list, also. I thank the Chair. make an impact. Mr. STEVENS. No other amendments Mr. President, National Tartan Day would be in order unless they are on The PRESIDING OFFICER. Is there objection? is more than a recognition of Ameri- the list tonight, but the second IMF cans with Scottish ancestry. National amendment is on the list, Senator. It is Mr. MURKOWSKI. For clarification, to offer those amendments we can offer Tartan Day is about liberty. It is about my amendment. the demand of citizens for their free- Mr. BYRD. Mr. President—— them at any time? Tomorrow morning? dom from an oppressive government. Mr. STEVENS. Will the Senator per- Whenever? Freedom is the significance of April mit me to make a statement? Mr. STEVENS. There will be no more Mr. BYRD. Yes. votes tonight, so if anyone has votes 6th. On this day nearly seven hundred Mr. STEVENS. On behalf of the ma- they will not be in order tonight. years ago, a group of men in Arbroath, jority leader, I announce there will be The PRESIDING OFFICER. Is there Scotland asserted their independence no further votes tonight. objection? Without objection, it so or- from the English king. These Scots de- Mr. BYRD. Mr. President, if the Sen- dered. clared ‘‘We fight for liberty alone.’’ ator will allow me, I am hearing that Mr. STEVENS. Mr. President, I sug- These are powerful words that should not be forgotten today or in the future. further amendments would be in order gest the absence of a quorum. These were daring words. These if the IMF amendment is defeated. I The PRESIDING OFFICER. The Scotsmen were claiming liberty as just want to be sure that the agree- clerk will call the roll. their birthright. These were enduring ment allows for such an eventuality. The bill clerk proceeded to call the words, like the mountains, hills and Mr. STEVENS. I know there are at roll. least three IMF amendments on the stones of Scotland. These words still Mr. STEVENS. Mr. President, I ask ring true. amendments listed on your side, and I unanimous consent that the order for have another one on my side, which is The words and thoughts of those the quorum call be rescinded. long-ago Scottish patriots live on in another IMF amendment similar to the The PRESIDING OFFICER. Without one that is already before the Senate America. Liberty has been good to objection, it is so ordered. their descendants in the United States. should the McConnell amendment be f defeated. Beyond all the accomplishments of Mr. BYRD. But it is my understand- MORNING BUSINESS Scottish-Americans are those words of strength, courage and perseverance: ing other Senators may be at liberty to Mr. STEVENS. Mr. President, I now offer additional amendments; they ‘‘We fight for liberty alone, which no ask there be a period for routine morn- good man loses but with his life.’’ need to be able to offer additional ing business with Senators being al- amendments, in the event the IMF By honoring April 6, Americans will lowed to speak for not to exceed 5 min- annually celebrate the true beginning amendment is defeated. utes. Mr. STEVENS. There are four that of the quest for liberty and freedom. The PRESIDING OFFICER. Without are there. You mean other Senators? If Mr. President, I want to thank my objection, it is so ordered. the Senator wishes to do this, I would colleagues who joined me in supporting Mr. STEVENS. I thank the Chair. say this: If the McConnell amendment this resolution; so that we may never is defeated, any amendment pertaining f forget, so that the world, in some small to IMF will be cleared on this list. Any PASSAGE OF NATIONAL TARTAN way, may never forget, far-away, long- amendment—any Senator will be free DAY RESOLUTION ago Arbroath and the declaration for to offer an amendment on IMF if the liberty. Mr. LOTT. Mr. President, today, I f McConnell amendment is defeated. rise to personally commend Senator Mr. BYRD. Mr. President, I am ad- HATCH, my colleague and friend, for his ‘‘THE LEADERS LECTURE SE- vised that is satisfactory. leadership in helping obtain the pas- RIES’’—REMARKS OF SENATOR The PRESIDING OFFICER. Is there sage of the National Tartan Day Reso- MIKE MANSFIELD objection? Mr. BYRD. Reserving the right to ob- lution. Mr. LOTT. Mr. President, last night ject, Mr. President, would the distin- Last week, the Senate passed the res- was a memorable night for this Sen- guished Senator state again what time olution by unanimous consent. This ator and I believe a number of others in tomorrow morning the first vote will was no easy task and I want to ac- this Chamber. On Tuesday evening, I occur? knowledge his efforts to ensure that was honored and humbled to introduce Mr. STEVENS. The first vote will the contributions of Americans of to this body, Senator Mike Mansfield not occur under the agreement that Scottish ancestry are recognized. I, for an address in the old Senate Cham- has already been entered before 10:50 along with many other Scottish-Ameri- ber. This inaugural lecture was the a.m. cans, were very pleased with the pas- first of what I hope will be a continu- Mr. BYRD. Mr. President, I withdraw sage of this legislation. ing number of addresses for ‘‘The Lead- my reservation. I also want to thank the national and er’s Lecture Series’’. The PRESIDING OFFICER. Is there state associations which represent citi- I think I can speak for all Members objection? The Senator from Massachu- zens of Scottish ancestry for their ef- of this Senate in saying we were hon- setts. forts to get the word out. They made ored in having as the first speaker in March 25, 1998 CONGRESSIONAL RECORD — SENATE S2565 this series, the longest serving major- had become an all-purpose room—whose uses as the nation grieved for President Kennedy, ity leader of this body, Senator Mike included conference committee meetings, ca- I simply inserted my prepared remarks into Mansfield of Montana. tered luncheons and furniture storage. Where the CONGRESSIONAL RECORD. (November 27, I look forward to future addresses once stood the stately mahogany desks of 1963) Clay, Webster and Calhoun, there then rest- I have waited thirty-five years to give that from former Senate leaders and other ed—on occasion—stark iron cots. These cots speech. I wish to quote from that address to distinguished Americans in sharing accommodated teams of senators on call present views that I believe are as relevant their insights about the Senate’s re- throughout the night to make a quorum today as they were more than a third of a cent history and long-term practices. against round-the-clock filibusters. By the century ago. But first, before I do so, I would I ask unanimous consent that the re- late 1960’s, the idea for this room’s restora- like to quote Lao Tsu, a Chinese philosopher marks of the distinguished former ma- tion moved toward reality—and the 1976 of ancient times, who said, ‘‘A leader is best jority leader be printed in the RECORD. ceremony—thanks largely to the vision and when the people hardly know he exists. And There being no objection, the re- persistence of the legendary Mississippi Sen- of that leader the people will say when his ator, John C. Stennis. work is done, ‘We did this ourselves’.’’ marks were ordered to be printed in And we now have Senator Stennis’ imme- ‘‘THE SPEECH the RECORD, as follows: diate successor, Senator TRENT LOTT, to ‘‘Mr. President, some days ago, blunt THE SENATE AND ITS LEADERSHIP: A SECOND thank for inaugurating his ‘‘Leader’s Lec- words were said on the floor of the Senate. LOOK ture Series.’’ Here is another welcome oppor- They dealt in critical fashion with the state tunity, on a periodic basis, to consider the (Remarks by Mike Mansfield—March 24, 1998) of this institution. They dealt in critical foundations and development of this United Thank you for your very kind introduc- fashion with the quality of the majority States Senate. Thank you for inviting me, tion. I am deeply appreciative of what you leadership and the minority opposition. A far Mr. Leader. have had to say, even though I think you put more important matter than criticism or There are very few advantages to outliving too much icing on the cake. The real credit one’s generation. One of them is the oppor- praise of the leadership was involved. It is a of whatever standing I have achieved in life tunity to see how historians describe and matter which goes to the fundamental na- should be given to my wife Maureen, who, evaluate that generation. Some historians do ture of the Senate. unfortunately, could not be with us this ‘‘In this light, we have reason to be grate- it better than others. evening. She was and is my inspiration. She ful because if what was stated was being said One such historian is Senator ROBERT C. encouraged and literally forced a dropout 8th in the cloakrooms, then it should have been BYRD. As all of you know, ROBERT BYRD has grader to achieve a University degree and at combined a participant’s insights with a said on the floor. If, as was indicated, the the same time make up his high school cred- scholar’s detachment to produce an encyclo- functioning of the Senate itself is in ques- its. She sold her life insurance and gave up pedic four-volume history of the Senate. tion, the place to air that matter is on the her job as a Butte High School teacher to Near the end of his first volume appear two floor of the Senate. We need no cloakroom make it possible. She initiated me into poli- commandos, operating behind the swinging chapters devoted to the 1960’s and ’70’s. ROB- tics—the House, the Senate and, diplomati- doors of the two rooms at the rear, to spread ERT has entitled them ‘‘Mike Mansfield’s cally speaking, the Tokyo Embassy. She Senate.’’ the tidings. We need no whispered word gave of herself to make something of me. Now, I have no doubt that he would be the passed from one to another and on to the She has always been the one who has guided, first to acknowledge the accuracy of what I press. encouraged and advised me. She made the am about to say. If, during my time as Sen- ‘‘We are here to do the public’s business. sacrifices and deserved the credits, but I was ate leader, a pollster had asked each Senator On the floor of the Senate, the public’s busi- the one who was honored. She has always the question, ‘‘Whose Senate is this?’’ that ness is conducted in full sight and hearing of been the better half of our lives together pollster would surely have received 99 sepa- the public. And it is here, not in the cloak- and, without her coaching, her understand- rate answers—and they would all have been rooms, that the Senator from Montana, the ing, and her love, I would not be with you to- right. Only for purposes of literary conven- majority leader, if you wish, will address night. What we did, we did together. ience or historic generalization could we himself to the question of the present state In short, I am what I am because of her. ever acknowledge that one person—at least of the Senate and its leadership . . . It will I would like to dedicate my remarks to- during my time—could shape such a body in be said to all senators and to all the mem- night to my three great loves: Maureen, his own image. bers of the press who sit above us in more Montana, and the United States Senate. Senator BYRD has been doubly generous in ways than one. It is an honor to ‘‘kick off’’ the first in the assigning me a seat in the Senate’s Pan- ‘‘How, Mr. President, do you measure the Senate Lecture Series with the Majority theon. Volume Three of his history series performance of this Congress—any Congress? Leader, Senator TRENT LOTT, and the Minor- contains forty-six so-called ‘‘classic speech- How do you measure the performance of a ity Leader, Senator TOM DASCHLE, in attend- es’’ delivered in the Senate over the past Senate of one hundred independent men and ance. They represent the continuity of the century and a half. Among them is an ad- women—any Senate? The question rarely office first held by Democratic Senator John dress that was prepared for delivery in the arises, at least until an election approaches. Kern of Indiana in 1913 and by Republican final weeks of the 1963 session. My topic was And, then, our concern may well be with our Senator Henry Cabot Lodge of Massachu- ‘‘The Senate and Its Leadership.’’ own individual performance and not nec- setts in 1917. They—the two Leaders—rep- By mid-1963, various Democratic senators essarily with that of the Senate as a whole. resent positions of trust and responsibility had begun to express publicly their frustra- ‘‘Yet that performance—the performance in today’s Senate. They are the two among tion with the lack of apparent progress in of the Senate as a whole—has been judged on one hundred whom their respective parties advancing the Kennedy administration’s leg- the floor. Several senators, at least, judged have placed first among equals. Incidentally, islative initiatives. Other Senators were less it and found it seriously wanting. And with it is my understanding that less than 3,000 open in their criticism—but they were equal- the hue and cry thus raised, they found men and women have served as Senators ly determined that I, as majority leader, echoes outside the Senate. I do not criticize since the beginning of our Republic. They should begin to knock some heads together. senators for making the judgment, for rais- have been the ‘‘favored few’’ among the hun- After all, they reasoned, Democrats in the ing the alarm. Even less do I criticize the dreds of millions in their overall constitu- Senate enjoyed a nearly two-to-one party press for spreading it. Senators were within encies. ratio. With those numbers, anything should their rights. And the press was not only Twenty-two years ago, on June 16, 1976, an be possible under the lash of disciplined lead- within its rights but was performing a seg- audience of senators and their guests filled ership. Sixty-five Democrats, thirty-five Re- ment of its public duty, which is to report this chamber, much as you do this evening. publicans! (Think of it, Senator DASCHLE.) Of what transpires here. On that occasion, the Senate convened here course, I use the word ‘‘enjoy’’ loosely. Ideo- ‘‘I, too, am within my rights, Mr. Presi- in formal legislative session. Their purpose logical differences within our party seriously dent, and I believe I am performing a duty of was similar to ours today. Carving out a few undercut that apparent numerical advan- the leadership when I ask again: How do you moments from crowded and distracting tage. judge the performance of this Congress—any schedules, those Senators of the 94th Con- I decided the time had come to put down Congress? Of this Senate—any Senate? Do gress came to honor the history and the tra- my views in a candid address. There would you mix a concoction and drink it? And if ditions of the United States Senate. On that then be no doubt as to where I stood. If some you feel a sense of well-being thereafter, de- occasion, they came to rededicate this grand of my party colleagues believed that mine cide it is not so bad a Congress after all? But chamber—to celebrate the completion of a was not the style of leadership that suited if you feel somewhat ill or depressed, then five-year-long restoration project. them, they would be welcome to seek a that, indeed, is proof unequivocal that the The idea for this room’s restoration to its change. Congress is a bad Congress and the Senate is appearance of the 1850’s may have first sur- I had selected a Friday afternoon, when lit- a bad Senate? Or do you shake your head faced in 1935. In that year, the Supreme tle else would be going on, to discuss ‘‘The back and forth negatively before a favored Court, a tenant since 1860, moved into its Senate and Its Leadership.’’ The date was columnist when discussing the performance new building across the street. I know for Friday, November 22, 1963. of this Senate? And if he, in turn, nods up sure that the idea received close attention in That day’s tragic events put an end to any and down, then that is proof that the per- the early 1960’s. This once-elegant chamber such speechmaking. On the following week, formance is bad? . . . S2566 CONGRESSIONAL RECORD — SENATE March 25, 1998 ‘‘There is reference (by members and the constitutional responsibility to be here and who has had the good fortune to be trusted media), to be sure, to time-wasting, to lazi- to consider and to act in concert with the by his people for over two decades and done ness, to absenteeism, to standing still, and House on the legislative needs of the nation. the best he knows how to represent them, so forth. But who are the time wasters in the And the effectiveness with which that re- and to do what he believes to be right for the Senate, Mr. President? Who is lazy? Who is sponsibility is discharged cannot be meas- nation. an absentee? Each member can make his own ured by any reference to the clocks on the ‘‘Insofar as I am personally concerned, judgment of his individual performance. I walls of the chamber. these or any other labels can be borne. I make no apologies for mine. Nor will I sit in ‘‘Nor can it be measured, really, by the achieved the height of my political ambi- judgment of any other member. On that output of legislation. For those who are com- tions when I was elected Senator from Mon- score, each of us will answer to his own con- puter-minded, however, the record shows tana. When the Senate saw fit to designate science, if not to his constituents. that 12,656 bills and resolutions were intro- me as majority leader, it was the Senate’s ‘‘But, Mr. President, insofar as the per- duced in the 79th Congress of 1945 and 1946. choice, not mine, and what the Senate has formance of the Senate as a whole is con- And in the 87th Congress of 1961 and 1962, bestowed, it is always at liberty to revoke. cerned, with all due respect, these comments (that number had increased by) 60 percent. ‘‘But so long as I have this responsibility, in time wasting have little relevance. In- And the records show further that in the 79th it will be discharged to the best of my ability deed, the Congress can, as it has—as it did in Congress, 2,117 bills and resolutions were by me as I am. I would not, even if I could, declaring World War II in less than a day— passed, and in the 87th, 2,217 were passed. presume to a tough-mindedness which, with pass legislation which has the profoundest ‘‘But what do these figures tell us, Mr. all due respect to those who use this cliche´, meaning for the entire nation. And by con- President? Do they tell us that the Congress I have always had difficulty in distinguish- trast, the Senate floor can look very busy has been doing poorly because in the face of ing from soft-headedness or simple-minded- day in and day out, month in and month out, an 8,000 increase in the biannual input of ness. I shall not don any Mandarin’s robes or while the Senate is indeed dawdling. At one bills and resolutions, the output of laws fif- any skin other than that to which I am ac- time in the recollection of many of us, we de- teen years later had increased by only a hun- customed in order that I may look like a ma- bated a civil rights measure twenty-four dred? They tell us nothing of the kind. jority leader or sound like a majority leader hours a day for many days on end. We de- ‘‘If these figures tell us anything, they tell —however a majority leader is supposed to bated it shaven and unshaven. We debated it us that the pressures on Congress have inten- look or sound. I am what I am, and no title, without ties, with hair awry, and even in sified greatly. They suggest, further, that political face-lifter, or image-maker can bedroom slippers. In the end, we wound up Congress may be resistant to these pres- alter it. with compromise legislation. And it was not sures. But whether Congress resists rightly ‘‘I believe that I am, as are most Senators, the fresh and well-rested opponents of the or wrongly, to the benefit or detriment of an ordinary American with a normal com- civil rights measure who were compelled to the nation, these figures tell us nothing at plement of vices and, I hope, virtues, of the compromise. It was, rather, the ex- all. weaknesses and, I hope, strengths. As such, I hausted, sleep-starved, quorum-confounded ‘‘There is a (more meaningful way to meas- do my best to be courteous, decent, and un- proponents who were only too happy to take ure) the effectiveness of a Democratic ad- derstanding of others, and sometimes fail at it. ministration. I refer to the approach which it. ‘‘No, Mr. President, if we would estimate is commonly used these days of totaling the ‘‘I have always felt that the President of the performance of this Congress or any Presidential or executive branch requests for the United States —whoever he may be . . . other, this Senate or any other, we will have significant legislation and weighing against is worthy of the respect of the Senate. I have to find a more reliable yardstick than wheth- that total the number of congressional re- always felt that he bears a greater burden of er, on the floor, we act as time wasters or sponses in the form of law. responsibility than any individual Senator moonlighters. As every member of the Sen- ‘‘On this basis, if the Congress enacts a for the welfare and security of the nation, ate and press knows, even if the public gen- small percentage of the executive branch re- for he alone can speak for the nation abroad; erally does not, the Senate is neither more quests, it is presumed, somewhat glibly and and he alone, at home, stands with the Con- nor less effective because the Senate is in impertinently, to be an ineffective Congress. gress as a whole, as constituted representa- session from 9 a.m. to 9 p.m., or to 9 a.m. the But if the percentage is high, it follows that tives of the entire American people. In the next day. it is classifiable as an effective Congress. I exercise of his grave responsibilities, I be- ‘‘Nor does the length of the session indi- am not so sure that I would agree, and I am lieve we have a profound responsibility to cate a greater or lesser effectiveness. We live certain that the distinguished minority lead- give him whatever understanding and sup- in a twelve-month nation. It may well be er (Senator Dirksen) and his party would not port we can, in good conscience and in con- that the times are pushing us in the direc- agree that that is a valid test. The opposi- formity with our independent duties. I be- tion of a twelve-months Congress. In short, tion might measure in precisely the opposite lieve we owe it to the nation of which all our we cannot measure a Congress or a Senate fashion. The opposition might, indeed, find a States are a part—particularly in matters of by the standards of the stretch-out or of the Democratic Congress which enacted little, if foreign relations—to give to him not only re- speedup. It will be of no avail to install a any, of a Democratic administration’s legis- sponsible opposition, but responsible co- time clock at the entrance to the chamber lation, a paragon among congresses. And yet operation. for Senators to punch when they enter or I know that the distinguished minority lead- ‘‘And, finally, within this body, I believe leave the floor. er does not reason in that fashion, for he has that every member ought to be equal in fact, ‘‘There has been a great deal said on this acted time and time again not to kill admin- no less than in theory, that they have a pri- floor about featherbedding in certain indus- istration measures, but to help to pass them mary responsibility to the people whom they tries. But if we want to see a featherbedding when he was persuaded that the interests of represent to face the legislative issues of the to end all featherbedding, we will have the the nation so required. .. . I see no basis for nation. And to the extent that the Senate Senate sit here day in and day out, from apology on statistical grounds either for this may be inadequate in this connection, the dawn until dawn, whether or not the cal- Congress to date or for the last. But at the remedy lies not in the seeking of shortcuts, endar calls for it, in order to impress the same time, I do not take umbrage in statis- not in the cracking of nonexistent whips, not boss—the American people—with our indus- tics. I do not think that statistics, however in wheeling and dealing, but in an honest triousness. We may not shuffle papers as bu- refined, tell much of the story of whether or facing of the situation and a resolution of it reaucrats are assumed to do when engaged in not a particular Congress or Senate is effec- by the Senate itself, by accommodation, by this art. What we are likely to shuffle is tive or ineffective. respect for one another, by mutual restraint words—words to the President on how to exe- ‘‘I turn, finally, to the recent criticism and, as necessary, adjustments in the proce- cute the foreign policy or administer the do- which has been raised as to the quality of dures of this body. mestic affairs of the nation. And when these the leadership. Of late, Mr. President, the de- ‘‘The constitutional authority and respon- words pall, we will undoubtedly turn to the scriptions of the majority leader, of the Sen- sibility does not lie with the leadership. It Court to give that institution the benefit of ator from Montana, have ranged from a be- lies with all of us individually, collectively, our advice on its responsibilities. And if we nign Mr. Chips, to glamourless, to tragic and equally. And in the last analysis, devi- run out of judicial wisdom, we can always mistake. ations from that principle must in the end turn to advising the governors of the states, ‘‘It is true, Mr. President, that I have act to the detriment of the institution. And, or the mayors of the cities, or the heads of taught school, although I cannot claim ei- in the end, that principle cannot be made to other nations, on how to manage their con- ther the tenderness, the understanding, or prevail by rules. It can prevail only if there cerns. the perception of Mr. Chips for his charges. I is a high degree of accommodation, mutual ‘‘Let me make it clear that Senators indi- confess freely to a lack of glamour. As for restraint, and a measure of courage—in spite vidually have every right to comment on being a tragic mistake, if that means, Mr. of our weaknesses—in all of us. It can prevail whatever they wish, and to do so on the floor President, that I am neither a circus ring- only if we recognize that, in the end, it is not of the Senate. Highly significant initiatives master, the master of ceremonies of a Senate the Senators as individuals who are of fun- on all manner of public affairs have had their night club, a tamer of Senate lions, or a damental importance. In the end, it is the in- genesis in the remarks of individual Sen- wheeler and dealer, then I must accept, too, stitution of the Senate. It is the Senate ators on the floor. But there is one clear-cut, that title. Indeed, I must accept it if I am ex- itself as one of the foundations of the Con- day-in-and-day-out responsibility of the Sen- pected as majority leader to be anything stitution. It is the Senate as one of the rocks ate as a whole. Beyond all others, it is the other than myself—a Senator from Montana of the Republic.’’ March 25, 1998 CONGRESSIONAL RECORD — SENATE S2567 Thus ended my abridged observations of Americans relied on foreign oil for tience and firmness, Helen has taught November 1963. 57.6 percent of their needs last week, these children that household tasks, In my remarks during the 1976 dedication and there are no signs that the upward school work and other responsibilities ceremonies in this chamber, I returned to are a part of learning how to survive the themes of 1963. I stated my belief that, in spiral will abate. Before the Persian its fundamentals, the Senate of modern Gulf War, the United States obtained and thrive in the world. The com- times may not have changed essentially approximately 45 percent of its oil sup- fortable country environment, that in- from the Senate of Clay, Webster, and Cal- ply from foreign countries. During the cludes the friendship and therapy of houn. Arab oil embargo in the 1970s, foreign animals, has nurtured many children. What moved Senators yesterday still oil accounted for only 35 percent of Helen recently celebrated her sev- moves Senators today. We have the individ- America s oil supply. enty-second birthday and was honored ual and collective strength of our prede- Politicians had better ponder the at a reception on December 7, 1997, by cessors and, I might add, their weaknesses. economic calamity sure to occur in the Foster Parent Association of West We are not all ten feet tall, nor were they. Plains, Missouri. Even at the age of Senators act within the circumstances of America if and when foreign producers their fears no less than their courage, their shut off our supply—or double the al- seventy-two, she is serving others and foibles as well as their strengths. Our con- ready enormous cost of imported oil maintaining frequent contact with cerns and our efforts in the Senate, like our flowing into the U.S.—now 8,724,000 many of the children who were placed predecessors and successors, arise from our barrels a day. in her home. It is an honor to commend goals of advancing the welfare of the people f Helen for her commitment to provide a whom we represent, safeguarding the well- loving home for the many children she being of our respective States and protecting A TRIBUTE TO ZION GROVE has served as a foster parent. the present and future of this nation, a na- MISSIONARY BAPTIST CHURCH f tion which belongs—as does this room—not Mr. ASHCROFT. Mr. President, I rise to one of us, or to one generation, but to all MESSAGES FROM THE HOUSE of us and to all generations. today to recognize a tremendous com- The significance of that 1976 gathering— munity which exemplifies citizenship, At 11:55 a.m. a message from the and perhaps of our being here tonight—is to character, and service to humanity, House of Representatives, delivered by remind us that in a Senate of immense and the Zion Grove Missionary Baptist Mr. Hays, one of its reading clerks, an- still unfolding significance to the nation, Church. nounced that pursuant to the provi- each individual member can play only a brief On January 18, 1998, the members of sions of section 517(e)(3) of the Em- and limited role. It is to remind us that the the Zion Grove Missionary Baptist ployee Retirement Income Security Senate’s responsibilities go on, even though Act of 1974 (29 U.S.C. 1131), the Chair the faces and, yes, even the rooms in which Church held their long and eagerly an- they gather, fade into history. With the na- ticipated ‘‘Mortgage Burning Party.’’ announces the Speaker’s appointment tion, the Senate has come a long way. And Under the guidance of their respected of the following participant on the part still, there is a long way to go. pastor, the Reverend Frank L. Selkirk of the House to the National Summit f III, Ph.D., the Zion Grove Missionary on Retirement Savings to fill the exist- Baptist Church will draw to a close its ing vacancy thereon: Mr. Jack Ulrich THE VERY BAD DEBT BOXSCORE financial debts and begin to look for- of Pennsylvania. Mr. HELMS. Mr. President, at the ward, with faith, hope and love to a fu- The message also announced that close of business yesterday, Tuesday, ture filled with opportunity. pursuant to the provisions of section March 24, 1998, the federal debt stood at The history of this wonderful church 801(b) of Public Law 100–696, the Chair $5,542,617,421,989.90 (Five trillion, five has been nothing short of a small bless- announces the Speaker’s appointment hundred forty-two billion, six hundred ing. From its humble beginning on Oc- of the following Member of the House seventeen million, four hundred twen- tober 15, 1938, with a congregation of to the United States Capitol Preserva- ty-one thousand, nine hundred eighty- only eight members, Zion Grove Mis- tion Commission: Mr. WALSH of New nine dollars and ninety cents). sionary Baptist Church continued to York. One year ago, March 24, 1997, the fed- grow and flourish with each year and The message further announced that eral debt stood at $5,370,449,000,000 each dedicated pastor until it reached the Houses has passed the following (Five trillion, three hundred seventy its present location at 2801 Swope bills, in which it requests the concur- billion, four hundred forty-nine mil- Parkway in Kansas City, Missouri. rence of the Senate: lion). This church and the community which H.R. 118. An act to provide for the collec- Five years ago, March 24, 1993, the tion of data on traffic stops. comprises it are examples of dedica- H.R. 2843, An act to direct the Adminis- federal debt stood at $4,222,103,000,000 tion, perseverance, and commitment to (Four trillion, two hundred twenty-two trator of the Federal Aviation Administra- the future. tion to reevaluate the equipment in medical billion, one hundred three million). With God’s blessing, and the faithful kits carried on, and to make a decision re- Ten years ago, March 24, 1988, the support of the Zion Grove Missionary garding requiring automatic external federal debt stood at $2,480,220,000,000 Baptist Church community, ‘‘The defilbrillators to be carried on, aircraft oper- (Two trillion, four hundred eighty bil- Mortgage Burning Party’’ will be a ated by air carriers, and for other purposes. lion, two hundred twenty million). H.R. 3096. An act to correct a provision re- celebration of the blessings that will lating to termination of benefits for con- Fifteen years ago, March 24, 1983, the continue to reward the Zion Grove Mis- federal debt stood at $1,223,450,000,000 victed persons. sionary Baptist Church. H.R. 3211. An act to amend title 38, United (One trillion, two hundred twenty- f States Code, to enact into law eligibility re- three billion, four hundred fifty mil- quirements for burial in Arlington National lion) which reflects a debt increase of TRIBUTE TO HELEN COX Cemetery, and for other purposes. more than $4 trillion— Mr. ASHCROFT. Mr. President, I rise H.R. 3213. An act to amend title 38, United $4,319,167,421,989.90 (Four trillion, three today to recognize a tremendous indi- States Code, to clarify enforcement of veter- ans’ employment and reemployment rights hundred nineteen billion, one hundred vidual who exemplifies citizenship, sixty-seven million, four hundred twen- with respect to a State as an employer or a character, and service to humanity, private employer, to extend veterans’ em- ty-one thousand, nine hundred eighty- Helen Cox. ployment and reemployment rights to mem- nine dollars and ninety cents) during Helen Cox of Willow Springs, Mis- bers of the uniformed services employed the past 15 years. souri has been a foster parent since abroad by United States companies, and for U.S. FOREIGN OIL CONSUMPTION 1989. Throughout her tenure as a foster other purposes. H.R. 3226. An act to authorize the Sec- FOR WEEK ENDING MARCH 20TH parent, Helen has cared for over 150 fos- retary of Agriculture to convey certain lands Mr. HELMS. Mr. President, the ter children. Helen has spent countless and improvements in State of Virginia, and American Petroleum Institute’s report hours drying tears, rocking children to for other purposes. for the week ending March 20, that the sleep, and sitting up night after night H.R. 3412. An act to amend and make tech- U.S. imported 8,724,000 barrels of oil with children unable to sleep. The gold- nical corrections in title III of the Small each day, 2,318,000 more barrels than en rule of doing unto others as you Business Investment Act. the 6,406,000 imported each day during would have them do unto you is exem- At 6:03 p.m., a message from the the same week a year ago. plified in Helen’s home. Through pa- House of Representatives, delivered by S2568 CONGRESSIONAL RECORD — SENATE March 25, 1998 Mr. Hays, one of its reading clerks, an- crisis situations, for example, heavy use of Assembly and attested by the Clerk thereof, nounced that the House has agreed to cellular phones in a disaster area can impede shall be transmitted to the President of the the following resolution: the lifesaving work of emergency personnel; United States Senate, the Speaker of the and United States House of Representatives, the H. Res. 395. Resolved, That the House has Whereas, Authorities need space on the majority and minority leaders of the United heard with profound sorrow of the death of radio frequency spectrum not only for voice States Senate and the United States House the Honorable Steven Schiff, a Representa- communications, but also for transmitting of Representatives, each member of Congress tive from the State of New Mexico. fingerprints, mugshots, medical information, elected from the State of New Jersey, the f and other data. Without adequate access to Administrator of the United States Environ- MEASURES REFERRED communications, the results in a specific in- mental Protection Agency, the Region II Ad- cident or community will one day result in a ministrator of that agency, the Commis- The following bills were read the first disaster that is entirely preventable if we act sioner of the New Jersey Department of En- and second times by unanimous con- wisely today; now, therefore, be it. vironmental Protection, and the Commis- sent and referred as indicated: Resolved by the Senate, That we memorial- sioner of the New Jersey Department of ize the Congress of the United States to en- Health and Senior Services. H.R. 118. An act to provide for the collec- sure that pubic safety agencies are allotted tion of data on traffic stops; to the Commit- sufficient access to radio frequency space; POM–363. A joint resolution adopted by the tee on the Judiciary. and be it further Legislature of the State of Maine; to the H.R. 2843. An act to direct the Adminis- Resolved, That copies of this resolution be Committee on Finance. trator of the Federal Aviation Administra- transmitted to the President of the United tion to reevaluate the equipment in medical JOINT RESOLUTION States Senate, the Speaker of the United Whereas, the Government of the United kits carried on, and to make a decision re- States House of Representatives, and the garding requiring automatic external States of America, the Government of Can- members of the Michigan congressional dele- ada and the Government of Mexico resolved defilbrillators to be carried on, aircraft oper- gation. ated by air carriers, and for other purposes; in 1993 to implement the provisions of the to the Committee on Commerce, Science, North American Free Trade Agreement, POM–362. A resolution adopted by the Gen- commonly referred to as NAFTA; and and Transportation. eral Assembly of the State of New Jersey; to H.R. 3096. An act to correct a provision re- Whereas, an objective of the North Amer- the Committee on Environment and Public ican Free Trade Agreement is to eliminate lating to termination of benefits for con- Works. victed persons; to the Committee on Govern- barriers to trade in, and facilitate the cross- mental Affairs. ASSEMBLY RESOLUTION NO. 11 border movement of, goods and services be- H.R. 3211. An act to amend title 38, United Whereas, In recognition of the fact that tween the territories of the parties and to States Code, to enact into law eligibility re- the maintenance of high-quality potable promote conditions of fair competition in quirements for burial in Arlington National water is essential to safeguard the health the free trade area; and Cemetery, and for other purposes; to the and welfare of the nation’s citizens, the fed- Whereas, despite the free trade agreement Committee on Veterans’ Affairs. eral government enacted the Safe Drinking and the worldwide tendency toward more H.R. 3213. An act to amend title 38, United Water Act (42 U.S.C. s.300f et al.); and open borders, there remains a barrier gravely States Code, to clarify enforcement of veter- Whereas, The State of New Jersey enacted affecting trade along the Maine-New Bruns- ans’ employment and reemployment rights the ‘‘Safe Drinking Water Act’’ in 1977, em- wick border; and with respect to a State as an employer or a powering the Department of Environmental Whereas, the barrier concerns the disparity private employer, to extend veterans’ em- Protection to assume primary enforcement created by the tax-free personal allowance ployment and reemployment rights to mem- responsibility under the federal Safe Drink- exemptions of the United States and Canada. bers of the uniformed services employed ing Water Act, and to adopt and enforce ad- Currently, Canadians are permitted to bring abroad by United States companies, and for ditional State rules and regulations to purify $50 in American purchases back to Canada in other purposes; to the Committee on Veter- drinking water prior to its consumption by any 24-hour period. The United States, how- ans’ Affairs. the public; and ever, allows a $200 exemption for Canadian H.R. 3412. An act to amend and make tech- Whereas, It was recently discovered that purchases; and nical corrections in title III of the Small the drinking water in parts of Ocean County, Whereas, steps need to be taken to achieve Business Investment Act; to the Committee most notably in Toms River and Dover parity between Maine and the Province of on Small Business. Township, contain a SAN trimer that is a by- New Brunswick to ensure that Maine busi- product from the manufacturing of a plastic, nesses are able to compete in Canada; now, f styrene acrylonitrile copolymer, from the therefore, be it Resolved: That We, your Memorialists, rec- PETITIONS AND MEMORIALS manufacturing of a plastic, styrene acrylo- nitrile copolymer, from the chemicals sty- ommend and urge the Congress of the United The following petitions and memori- rene and acrylonitrile; and States to act upon the current barrier affect- als were laid before the Senate and Whereas, Although acrylonitrile, through ing trade along the Maine-New Brunswick were referred or ordered to lie on the scientific analysis, has been associated with border; and be it further table as indicated: certain brain and central nervous system Resolved: That suitable copies of this reso- cancers, and styrene is listed in the federal lution, duly authenticated by the Secretary POM–361. A resolution adopted by the Sen- of State, be transmitted to the President of ate of the Legislature of the State of Michi- regulations as a substance that must be test- ed for in public drinking water supplies, the United States, the President of the Sen- gan; to the Committee on Commerce, ate and the Speaker of the House of Rep- Science, and Transportation. there are no drinking water standards for the various substances created when these resentatives of the Congress of the United SENATE RESOLUTION NO. 66 two independently hazardous substances are States, to the United States Trade Rep- Whereas, Our country is in the midst of re- combined; and resentative, Charlene Barshefsky, and to markable change in the amount and the va- Whereas, The abnormally high incidence of each Member of the Maine Congressional riety of information communicated across cancer, especially in children, in the Toms Delegation. the spectrum of radio frequencies. The com- River area of Ocean County, coupled with munications age is having an effect on all the identification of high levels of a poten- POM–364. A resolution adopted by the Sen- Americans. Radio frequencies are a finite re- tially carcinogenic substance in that area’s ate of the Legislature of the Commonwealth source used to handle news, information, en- drinking water supply, have created an ur- of Massachusetts; to the Committee on For- tertainment, education, vital services, and gent need for additional action; and eign Relations. commercial activity. Computers, cell Whereas, Further testing is necessary to RESOLUTION phones, television and radio, and emergency determine the effects of the SAN trimer by- Whereas, 1998 begins on a rare note of cau- equipment compete for access to the spec- product on human health and to establish a tious hope for Northern Ireland, as multi- trum of radio frequencies; and federal standard, the exceedance of which party talks aimed at achieving a lasting Whereas, As the federal government, would result in immediate remediation ef- peace in the North have recommenced; and through the Federal Communications Com- forts; now, therefore, be it Whereas, the American people have a deep mission, allocates space on the spectrum, it Resolved by the General Assembly of the State and abiding interest in the ongoing Northern is critical that local police and fire oper- of New Jersey: Ireland peace process, to the extent that the ations have enough access to handle the 1. This House memorializes the Congress of current peace talks are chaired by special communications challenges of saving lives in the United States and the United States En- envoy and former U.S. Senator George emergency situations. This has long been a vironmental Protection Agency to establish Mitchell at the behest of President Clinton; point of concern for those closest to public a safe drinking water standard for the SAN and safety issues. The FCC last allocated chan- trimer by-product of manufacturing proc- Whereas, the Northern Ireland peace proc- nels for public safety in 1987. Since that esses using styrene and acrylonitrile. ess is of particular concern to the citizens of time, the number of communications devices 2. Duly authenticated copies of this resolu- Massachusetts, owing to the Common- and capacity needs have exploded. During tion, signed by the Speaker of the General wealth’s unique bonds with Ireland and all 32 March 25, 1998 CONGRESSIONAL RECORD — SENATE S2569

counties that comprise historical Ireland, known as Dolly. The President has called for SENATE RESOLUTION NO. 112 forged over centuries; and implementation of the commission’s rec- Whereas, Our country has made significant Whereas, citizens of Massachusetts and ommendation, particularly its call for the strides in revamping our system of welfare. their elected representatives have an honor- enactment of legislation to prohibit cloning Through landmark federal legislation and able tradition of speaking out against in- of human life; and the leadership and cooperation of the states, equality and intolerance wherever they Whereas, In response to the disturbing im- disincentives have been replaced by workfare occur in the world, including South Africa, plications of creating human beings through opportunities to help people gain self-suffi- Burma, and the People’s Republic of China; cloning, nineteen European nations signed ciency; and and an agreement to prohibit the genetic repro- Whereas, The application of the Fair Labor Whereas, the Massachusetts General Court duction of human beings. The international Standards Act to recipients who are placed and its members have long been staunch ad- community expressed deep concerns over the in jobs, whether in subsidized or unsub- vocates for peace and justice in Northern Ire- moral issues and the scientific implications sidized work, is proper. Further, welfare re- land, with Massachusetts being the first of possible effects on the character of the cipients ought not be used to supplant exist- State in the Union to embrace and ratify the human species; now, therefore, be it ing workers. However, welfare recipients who MacBridge Principles, a set of guidelines de- Resolved by the House of Representatives, are receiving training such as planned work signed to fight job discrimination and secure That we memorialize the Congress of the experience, job shadowing, mentoring, and economic justice for the minority citizens of United States to enact legislation to pro- cooperative education activities and are not Northern Ireland; and hibit the cloning of human beings; and be it receiving monetary compensation are not Whereas, it is universally recognized that further employees of the state. They are bene- permanent peace in Northern Ireland must Resolved, That copies of this resolution be ficiaries who are being introduced to the be built upon the foundation stones of equal- transmitted to the President of the United world of work; and ity, liberty, justice, and democracy, all basic States Senate, the Speaker of the United Whereas, The new federal provisions on as- principles embodied in such documents as States House of Representatives, and the sistance require those able to work to move the United States Constitution and Bill of members of the Michigan congressional dele- to employment and/or training. However, Rights, in domestic and international law gation. this effort is hampered by a recent ruling by and treaties, and in basic concepts of fair federal labor officials. In April 1997, the play and equity; and United States Department of Labor ruled that a host of labor laws, regulations, and Whereas, such a blueprint for a just and eq- POM–366. A joint resolution adopted by the taxes apply to welfare recipients as well as uitable society now exists in the form of the Legislature of the State of Maine; to the to other employees. This policy is a major Charter for Change, a document conceived by Committee on Labor and Human Resources. concerned citizens of Northern Ireland as a blow to welfare reform efforts; and JOINT RESOLUTION vehicle to achieve and ensure basic rights for Whereas, The Department of Labor ruling all citizens of Northern Ireland; and Whereas, the State of Maine has suffered is harmful to recipients who do not receive Whereas, tenets of the Charter for Change one of the worst natural disasters in its his- compensation for their participation in include such fundamental and necessary re- tory; and training programs or community service. It forms as overhaul of the judicial system and Whereas, 800,000 people have been without would be much more realistic and fairer to reformulation of the police department; and power for a week or more; and extend an exemption to these people for a pe- Whereas, the Charter for Change seeks a Whereas, the need for emergency assist- riod of time not to exceed one year; and Northern Ireland where minority and major- ance is growing; and Whereas, Subjecting welfare/workfare em- ity citizens may enjoy full human rights and Whereas, the State of Maine is seeking ployment to the same laws and regulations the fruits of their labors in an environment every avenue of assistance possible; and as other employees is counterproductive to free from fear or reprisal, all prerequisites Whereas, the State of Maine is still re- the ultimate aims of encouraging all people for ensuring that any peace agreement sponding to the emergency and is preparing to seek work and encouraging employers to emerging from the current talks may be a to start the recovery process; and provide meaningful opportunities for these Whereas, the United States Government long-lasting one: Now, therefore, be it men and women. The requirements of the Resolved, That the Massachusetts Senate has a $300,000,000 Low-Income Home Energy Fair Labor Standards Act, Social Security welcomes and endorses the Charter for Assistance Program (LIHEAP) emergency taxes, unemployment insurance benefits, and Change as a democratic concept that points fund set aside to ensure that unique demands prevailing wage provisions will not open the way to and can be a catalyst for peace, for assistance be addressed in situation such more doors to people needing work. Instead, justice, and reconciliation in Ireland, and as the one being experienced in the State of these provisions make it much easier for re- urges the President and the Congress of the Maine; and cipients and employers alike to abandon a Whereas, the United States Government United States to join in endorsing the Char- partnership that holds great promise for our through its LIHEAP emergency fund assisted ter for Change; and be it further nation. There are clearly other means to pro- Resolved, That a copy of these resolutions other states that have experienced similar tect these workfare participants without be transmitted forthwith by the clerk of the disasters; and jeopardizing the advances we are making in Whereas, the State of Maine’s situation is Senate to the President of the United States, replacing welfare with work; now, therefore, equally compelling, due to the widespread the Presiding Officer of each branch of Con- be it loss of electricity and severe weather; and Resolved by the Senate, That we memorial- gress and to the Members thereof from this Whereas, the State of Maine is requesting ize the Congress of the United States to Commonwealth. assistance from the United States Govern- overturn the ruling of the United States ment for its low-income households through Labor Department that subjects workfare/ POM–365. A resolution adopted by the the LIHEAP emergency fund; and welfare recipients to the provisions of the House of the Legislature of the State of Whereas, the State of Maine requests that Fair Labor Standards Act and other regula- Michigan; to the Committee on the Judici- the United States Government act quickly tions as the ruling affects recipients who do ary. so that it may make the most efficient use of not receive compensation for their participa- HOUSE RESOLUTION NO. 197 the funds and can assist families that have tion in training programs or community Whereas, Rapid advancement in tech- been affected by this disaster; now, there- service projects. We urge that the ruling be nology and science are bringing serious chal- fore, be it modified to permit these recipients with an lenges to conventional thinking about Resolved: That We, your Memorialists, re- exemption for a period of time not to exceed humankind’s ability to manipulate the most spectfully urge the President of the United one year; and be it further basic building blocks of life. As a result, we States to release from the Low-Income Home Resolved, That copies of this resolution be face critical decisions on central moral ques- Energy Assistance Program emergency funds transmitted to the President of the United tions. The application of cloning tech- to assist the citizens of Maine during their States Senate, the Speaker of the United nologies holds profound implications for our current crisis; and, be it further States House of Representatives, and the society and the entire world. The 1997 news Resolved: That suitable copies of this reso- members of the Michigan congressional dele- of the cloned sheep in Scotland and the re- lution, duly authenticated by the Secretary gation. cent announcement by a Chicago scientist of of State, be transmitted to the Honorable f plans to create a cloned human being dem- William J. Clinton, President of the United onstrate the urgency of addressing this States and the President of the Senate and INTRODUCTION OF BILLS AND issue; and the Speaker of the House of Representatives JOINT RESOLUTIONS Whereas, In June 1997, the National Bio- of the Congress of the United States and to The following bills and joint resolu- ethics Advisory Commission issued a series each Member of the Maine Congressional tions were introduced, read the first of recommendations. This group of promi- Delegation. nent scholars, scientists, and ethicists pre- and second time by unanimous con- sented a unanimous finding that it is ‘‘. . . POM–367. A resolution adopted by the Sen- sent, and referred as indicated: morally unacceptable for anyone to attempt ate of the Legislature of the State of Michi- By Mr. GRASSLEY (for himself, Mr. to create a child’’ with the technology of gan; to the Committee on Labor and Human BREAUX, Mr. JEFFORDS, Mr. GRAHAM, cloning used to create the cloned sheep Resources. Mr. BAUCUS, and Mr. HATCH): S2570 CONGRESSIONAL RECORD — SENATE March 25, 1998 S. 1856. A bill to amend the Internal Reve- discourage workers and employers pension plans and save for their retire- nue Code of 1986 to provide equitable treat- from putting money into pension plans. ments, Bill is penalized by the 25 per- ment for contributions by employees to de- One of the most burdensome provisions cent limitation. By lifting the 25 per- fined contribution pension plans; to the in the Internal Revenue Code is the 25 cent limit, we can provide a higher Committee on Finance. threshold of savings for those who need By Mr. TORRICELLI (for himself and percent limitation contained within Mr. LAUTENBERG): section 415(c). Under 415(c), total con- it most. S. 1857. A bill for the relief of Olga, Igor, tributions by employer and employee Permitting additional contributions and Oleg Lyamin; to the Committee on the into a defined contribution (DC) plan to DC plans will help women ‘‘catch Judiciary. are limited to 25 percent of compensa- up’’ on their retirement savings goals. By Mr. JEFFORDS (for himself, Mr. tion or $30,000 for each participant, Women are more likely to live out the KENNEDY, and Mr. HARKIN): whichever is less. That limitation ap- last years of their retirement in pov- S. 1858. A bill to amend the Social Security plies to all employees. If the total addi- erty for a number of reasons. Women Act to provide individuals with disabilities tions into a DC plan exceed the lesser have longer lifespans, they are more with incentives to become economically self- likely to leave the workforce to raise sufficient; to the Committee on Finance. of 25 percent or $30,000, the excess By Mr. ROTH (for himself and Mr. money will be subject to income taxes children or care for elderly parents, are LUGAR): and a penalty in some cases. more likely to have to use assets to S. 1859. A bill to correct the tariff classi- To illustrate the need for elimination pay for long-term care for an ill spouse, fication on 13″ televisions; to the Committee of the 25 percent limit let me use an ex- and traditionally make less money on Finance. ample. Bill works for a medium size than their male counterparts. Anyone By Mrs. HUTCHISON: company in my home state of Iowa. His who has delayed saving for retirement S. 1860. A bill to amend Section 313(p)(3) of employer sponsors a 401(k) plan and a will get a much needed boost to their the Tariff Act of 1930 to allow duty drawback profit sharing plan to help employees retirement savings strategy if the 25 for Methyl Tertiary-butyl Ether (‘‘MTBE’’), percent limit is eliminated for employ- a finished petroleum derivative; to the Com- save for retirement. Bill makes $25,000 mittee on Finance. a year and elects to put in 10 percent of ees. By Mrs. FEINSTEIN: his compensation into the 401(k) plan, Not only does this proposal help indi- S. 1861. A bill to amend the Tariff Act of which amounts to $2,500 per year. His vidual employees save for retirement 1930 to permit duty-free sales enterprises to employer will match the first 5 percent but it also helps the many businesses, be located in certain areas; to the Commit- of his compensation, which comes out both small and large which are affected tee on Finance. to be $1,250, into the 401(k) plan. There- by 415(c). First, the 25 percent limita- Mr. DEWINE: fore, the total 401(k) contribution into tion causes equity concerns within S. 1862. A bill to provide assistance for poi- businesses. Low and mid-salary work- son prevention and to stabilize the funding Bill’s account in this year is $3,750. In this same year Bill’s employer deter- ers do not feel as if the Code treats of regional poison control centers; to the them equitably, when their higher-paid Committee on Labor and Human Resources. mines to set aside a sufficient amount By Mrs. MURRAY: of his profits to the profit sharing plan supervisor is permitted to save more in S. 1863. A bill to suspend temporarily the which results in an allocation to Bill’s dollar terms in a tax-qualified pension duty on certain polyethylene base materials; account in the profit sharing plan the plan. Second, one of the primary reasons to the Committee on Finance. sum of $3,205. This brings the total con- businesses offer pension plans is to re- f tribution into Bill’s retirement plan duce turnover and retain employees. this year up to $6,955. SUBMISSION OF CONCURRENT AND Employers often supplement their SENATE RESOLUTIONS Unfortunately, because of the 25 per- cent of compensation limitation only 401(k) plans with generous matches or a profit-sharing plan to keep people on The following concurrent resolutions $6,250 can be put into Bill’s account for the job. The 415(c) limitation inhibits and Senate resolutions were read, and the year. The amount intended for their ability to do that, particularly referred (or acted upon), as indicated: Bill’s account exceeds that limitation for the lower-paid workers who are un- By Mr. JEFFORDS: by $705. Hence, the profit sharing plan fairly affected. S. Con. Res. 87. A concurrent resolution to administrator must reduce the amount correct the enrollment of S. 419; considered Third, this legislation will ease the intended for allocation to Bill’s ac- administrative burdens connected with and agreed to. count by $705 in order to avoid a pen- f the 25 percent limitation. Dollar limits alty. Bill is unlikely to be able to save are easier to track than percentage STATEMENTS ON INTRODUCED $705, a significant amount that would limits. BILLS AND JOINT RESOLUTIONS otherwise be yielding a tax deferred in- Finally, I want to placate any con- come which would increase the benefit cerns that repealing the 25 percent By Mr. GRASSLEY (for himself, Bill will receive at retirement. Bill’s Mr. BREAUX, Mr. JEFFORDS, Mr. limit will serve as a windfall for high- retirement saving is shortchanged by paid employees. The Code contains GRAHAM, Mr. BAUCUS, and Mr. $705 plus the tax-deferred earnings it HATCH): other limitations which provide protec- would have generated. tion against abuse. First, the Code lim- S. 1856. A bill to amend the Internal Now let us look at Irene. Irene works Revenue Code of 1986 to provide equi- its the amount an employee can defer for the same company, but she makes to a 401(k) plan. Under section 402(g) of table treatment for contributions by $45,000 a year. She also puts in 10 per- employees to defined contribution pen- the Code, workers can only defer up to cent of her compensation into the $10,000 of compensation into a 401(k) sion plans; to the Committee on Fi- 401(k) plan, and her employer matches nance. plan in 1998. In addition, plans still five percent of her salary into the ac- must meet strict non-discrimination THE ENHANCED SAVINGS OPPORTUNITY ACT count. That brings the combined con- rules that ensure that benefits pro- Mr. GRASSLEY. Mr. President, I rise tribution of Irene and her employer up vided to highly-compensated employ- today to introduce legislation that lifts to $6,750. She would also receive a con- ees are not overly generous. the unfair limits on how much people tribution of $3,205 from the profit shar- The value to society of this proposal, can save in their employer’s pension ing plan. This brings the total con- if enacted, is undeniable. Increased plan. Last year, Congress took an im- tribution into Irene’s pension plan for savings in qualified retirement plans portant first step in helping people pre- that year to $9,955. She is also subject can prevent leakage, meaning the pare for retirement through educating to the 25 percent limit, but for Irene, money is less likely to be spent, or the public about private savings and her limit would not be reached until cashed out as might happen in a sav- pensions. But education can only go so $11,200. She is able to put in her 10 per- ings account or even an IRA. far. We also must remove the barriers cent, receive the five percent match There will be those out there who that prevent working Americans from and receive the full amount from the recognize that this bill does not ad- achieving a secure retirement. profit share because her amount dress the impact of the 415 limit for all Removing the barriers means taking doesn’t exceed the limit. of the plans that are subject to it. I a fresh look at some of the provisions Despite the fact that Bill and Irene have included language that would pro- in the Internal Revenue Code which have the same discipline to add to their vide relief to 401(k) plans and 403(b) March 25, 1998 CONGRESSIONAL RECORD — SENATE S2571 plans, for example. Plans authorized by are women, to make larger contributions THE WORK INCENTIVES IMPROVEMENT ACT OF section 457 of the Code—used by state when they are working, in effect allowing 1998 and local governments and non-profit them to ‘‘catch up’’ their contributions. It Mr. JEFFORDS. Mr. President, it is organizations have not been specifi- will also promote equal treatment by allow- with great pleasure that I rise today, ing all employees to defer up to $10,000 of with my friend and colleague, Senator cally addressed. I want to assure orga- their income into a 401(k) plan. Finally, the nizations who sponsor 457 plans that I existing section 415(c) 25% limitation fre- EDWARD KENNEDY, to introduce the support ultimate conformity for all quently requires that a company limit its Work Incentives Improvement Act of plans affected by the 415(c) percentage contributions to lower-paid employees who 1998. limitation. Over the next couple of take full advantage of the savings feature of This bill has developed over many weeks, I hope to work with these orga- a 401(k) plan. By modifying Section 415(c) months with the help of the disability nizations to identify the changes that you will permit more generous company community, the Social Security Ad- are necessary to achieve equity and matching and profit-sharing contributions to ministration, the Health Care Financ- its employees. Similarly, your legislation simplicity for their employees. In the ing Administration and other Congres- will allow participants in 403(b) plans to in- sional offices to help the insurmount- mean time, this is a positive step to- crease savings in those plans. We appreciate ward enhancing the retirement savings your efforts to preserve equity by extending able health barriers to individuals who opportunities of working Americans. relief to 401(k), 403(b), and other types of de- wish to work, but must remain depend- We have begun to educate all Ameri- fined contribution plans. ent on the Social Security Disability cans about the importance of saving Again, thank you for introducing the En- system to continue to access needed for retirement, but if we educate and hanced Savings Opportunities Act. Please health benefits provided by the Federal then do not give them the tools to feel free to call on us as you move forward to and State governments. seek its enactment. allow people to practically apply that Mr. President, the current system American Bankers Association, Amer- has had very limited success. The bene- knowledge, we have failed in our ulti- ican Council of Life Insurance, Amer- mate goal to increase national savings. ican Society of Pension Actuaries, fits offered are too expensive, time lim- Let’s help Americans succeed in saving APPWP—The Benefits Association, As- ited, and offer too few health care serv- for retirement. In helping them sociation for Advanced Life Underwrit- ices for the many persons with disabil- achieve their retirement goals, they ing, Employers Council on Flexible ities who wish to work. Currently, less help us to achieve our goal as policy- Compensation, The ERISA Industry than 5 percent of beneficiaries have makers of improving the quality of life Committee, Financial Executives Insti- taken advantage of this so called work tute, Investment Company Institute, for Americans. incentive. National Association of Manufacturers, Mr. President, I have worked for I would like to thank the Profit National Employee Benefits Institute, Sharing Council of America and the National Rural Electric Cooperative more than a year with Senator KEN- many members of the Retirement Sav- Association, National Telephone Coop- NEDY to assess why so few SSI and ings Network for their considerable erative Association, Profit Sharing/ SSDI beneficiaries return to work. We help in championing this proposal. I 401(k) Council of America, Securities have found that the primary barrier is ask unanimous consent that their let- Industry Association, Small Business a lack of available health care cov- ter of support be included in the Council of America, Society for Human erage—this needed coverage is either Resource Management, Stable Value RECORD. I also want to thank an Iowa unavailable or unaffordable in the pri- Investment Association, and United vate sector for those with disabilities. company, IPSCO, in Camanche, Iowa, States Chamber of Commerce. and its many employees for bringing Specific barriers facing individuals this issue to the forefront. I ask unani- MARCH 20, 1998. with disabilities who want to work in- mous consent to include a letter from Hon. CHARLES GRASSLEY, clude an inability to obtain affordable IPSCO in the RECORD, and note that Washington, DC. health insurance through Medicare. their letter was accompanied by a peti- DEAR SENATOR GRASSLEY: Currently Code After a period of time on the current tion signed by nearly 200 employees. 415(c) of the IRS rules does not permit an SSDI work incentives program, the in- employee to receive contributions that total dividual must pay full fare—more than Finally, I want to extend my apprecia- more than 25% of his or her income or more tion to Senators BREAUX, JEFFORDS, than $30,000. The intent was meant to limit $370 a month. We researched how many GRAHAM, and BAUCUS for co-sponsoring the contributions of highly paid executives. individuals take advantage of this and this important bill. I encourage all of Defined contribution plans have become a would you believe, Mr. President, that my colleagues to give careful consider- very popular method to save for retirement, out of more than 3.5 million bene- ation to lending your support to this but the rules have not kept pace with the ficiaries, only 114 have chosen to buy in legislation. times. Now, non-executives are slighted by to Medicare. People with disabilities There being no objection, the mate- the rules that were designed to help them by simply cannot afford the coverage over limiting the amount that can be put away more than a short period of time. rial was ordered to be printed in the for retirement. RECORD, as follows: Since 1994 the 415(c) code has prevented Another barrier is that the critical MARCH 25, 1998. IPSCO from contributing the fully allocated, services people with disabilities need Hon. CHARLES E. GRASSLEY, pretax funds, to each employee’s retirement are unavailable. Personal assistance U.S. Senate, fund. Each year several thousand dollars of services and drugs are available only Washington, DC. pretax money, earmarked for retirement, has through a state’s Medicaid plan. SSDI We, the undersigned organizations, com- been disbursed as taxable income to many beneficiaries do not have access to mend you for introducing the Enhanced Sav- employees. The employee’s retirement plan ings Opportunity Act that repeals the Sec- Medicaid unless they impoverish them- is short changed, because the plan cannot re- selves to get it. When we looked into tion 415(c) 25% limitation currently imposed ceive all of the funds that it should and the on employees participating in defined con- employee ends up with taxable earnings that this we found that SSDI people who tribution plans and pledge our support of were intended for retirement. Non-executive need Medicaid covered services, those your efforts to obtain passage. employees should not have artificial limits so-called ‘‘dual eligibles,’’ are the fast- This legislation promotes a conducive en- set on their retirement savings. est growing entitlement population in vironment for expanding the savings oppor- If your efforts are successful and a bill is the government. For those SSI bene- tunities in employer-provided retirement passed to lift the percentage limits on con- programs by removing one of the impedi- ficiaries who have access to Medicaid, tributions to retirement contributions this personal assistance services are cov- ments that prevents employees, especially problem will be redressed. lower-paid employees, from taking full ad- Yours truly, ered in only half the states. vantage of profit sharing, 401(k), 403(b), and IPSCO EMPLOYEES. Mr. President, our Work Incentive other defined contribution programs. It will Improvement Act will provide incen- also decrease the burdensome testing cur- By Mr. JEFFORDS (for himself, tives for persons with disabilities to re- rently imposed on plan administrators and Mr. KENNEDY, and Mr. HARKIN); turn to work and still be able to access better enable companies to take advantage S. 1858. A bill to amend the Social Se- health insurance. It will ensure that an of the new SIMPLE 401(k) program for small employers. curity Act to provide individuals with attempt to work, or an inability to re- For example, the Enhanced Savings Oppor- disabilities with incentives to become main working, does not penalize par- tunity Act will permit employees who leave economically self-sufficient; to the ticipants for future SSDI and SSI eligi- and reenter the workforce, many of whom Committee on Finance. bility. S2572 CONGRESSIONAL RECORD — SENATE March 25, 1998 Under our legislation, those SSDI ap- rehabilitation system designed to pro- Toward inclusion, not exclusion. To- plicants who want to return to work mote independent living skills. Too ward empowerment, not paternalism. could access Medicare Part A for free. often, however, the goals of independ- The ADA opened the door to employ- If their incomes rise above 250 percent ence are still out of reach. Too often, ment opportunities for people with dis- of poverty they would buy-in based on disabled people are afraid that if they abilities. 10 percent of earned income above 250 take jobs they will lose the medical Today, we take another major step percent. Part B premium contributions coverage that makes such a large dif- along that path. The Work Incentives would remain the same. They would ference in their lives. Too often, dis- Improvement Act removes artificial also be able to access a new State Work abled people are afraid of losing their impediments faced by people with dis- Options Program that provides per- current cash benefits if the salary they abilities when they are ready to work. sonal assistance services and prescrip- earn at work is too large. We need to The bill offers persons with disabilities tion drugs to those states that chose to do more so that the benefits of our affordable and accessible health care, set one up. prosperous economy are truly available so that they no longer have to face the Long term disabled SSDI bene- to all Americans, including our fellow choice between working and paying ficiaries who have been receiving cash citizens with disabilities. We need to taxes, on the one hand, or having ac- benefits for more than 24 months would ensure that all disabled children and cess to health care benefits on the be eligible for Medicare A&B for the adults have access to the benefits and other. same rates as described above, the supports they need to achieve their full In the wake of the ADA, we must now State Work Options Program, and an potential as American citizens. bring our other federal policies into the expanded Impairment Related Work Our long term goal is to restructure 1990s. This Act begins to do that. Ac- Expense to include the cost of auto- and improve existing disability pro- cess to health care is critical if people mobiles in areas where accessible grams so that they do more to encour- with disabilities are to live independ- transportation is unavailable. Such an age and support a disabled person’s ently and remain self-sufficient. If we incentive would do much to keep an in- dream to work and live independently. can provide a reasonable support struc- dividuals income below SGA, and be That goal should be the birthright of ture for people with disabilities who more likely to keep their cash benefits. all Americans—and when we say all, we can work and who want to work, then Persons with disabilities who are mean all. we should. It’s the right thing to do. working under SSI’s work incentive This bipartisan work incentive legis- Things usually don’t get done be- program would have access to the lation will help us to remove the unfair cause they are right. They get done be- State Work Options Programs if they barriers facing persons with disabilities cause people stand up and take action. needed personal assistance services to who want to work. It will make health Now is the time to take action on this begin working. The legislation also insurance coverage more widely avail- issue. If our efforts here are successful, strengthens current State Medicaid able, through opportunities to buy-in Americans with disabilities will no Waiver projects that provide health to Medicare and Medicaid at an afford- longer face disincentives for working, services and supports to persons with able rate. Social Security will be able for wanting a piece of the American disabilities who want to work. to fund demonstration projects that dream, for remaining vital members of This legislation also supports the de- gradually phase out the loss of cash our society, and for reminding all of us velopment of demonstration projects benefits, instead of the arbitrary sud- that disabled does not mean unable. that gradually phase out the loss of den cutoff that so many disabled work- I hope my colleagues in the Senate cash benefits as a worker’s income ers face today. quickly take action on this bill, and rises, instead of the current cash cut- Our goal is to create fair and realis- that this bill soon becomes law. off that so many disabled persons who tic new assistance that offers greater return to work face today. support for disabled persons who want By Mr. ROTH (for himself and Finally, this legislation will enable to work, live independently, and be Mr. LUGAR): Congress to obtain the kind of informa- productive and contributing members S. 1859: A bill to correct the tariff tion it needs to undertake more com- of their community. This bill is the classification of 13′′ televisions; to the prehensive reform of disability work right thing to do, and it is the cost ef- Committee on Finance. incentive programs. fective thing to do. For too long, our Mr. President, no one in this body fellow disabled citizens have been left THE TECHNICAL CORRECTION ACT OF 1998 can disagree with the idea that work is out and left behind. Mr. ROTH. Madam President, I rise a central part of the American dream. I commend Senator JEFFORDS and today to introduce legislation to make I am committed to ensuring this Con- Senator HARKIN for their impressive a technical correction to the diagonal gress that we pass legislation to pro- leadership on this issue. We look for- measurement of video displays in the vide cost-effective assistance to help ward to working with all members of Harmonized Tariff Schedule of the disabled Americans pursue a career, Congress to help give disabled persons United States (HTSUS). and the American dream. across the country a better oppor- During the Uruguay Round negotia- Mr. KENNEDY. Mr. President, it is tunity to fulfill their dreams and fully tions, the United States agreed to an honor to join Senator JEFFORDS and participate in the social and economic phase down U.S. tariffs on ‘‘13-inch’’ Senator HARKIN in introducing the mainstream of our nation. television receivers, monitors, and pic- Work Incentives Improvement Act to Mr. HARKIN. Mr. President, I am ture tubes, and on combination TV/ provide more affordable and accessible pleased to be an original co-sponsor of VCRs, over the period from 1995 to 1999. health care for persons with disabil- the Work Incentives Improvement Act The tariff on receivers and monitors ities so they can work and live inde- of 1998. I would like to thank Senator was to be reduced from 5 percent to pendently. KENNEDY and JEFFORDS for all their zero, on picture tubes from 15 percent Despite the extraordinary growth work on this important piece of legisla- to 7.5 percent, and on combination TV/ and prosperity the country is enjoying tion. I’d also like to commend the work VCRs from 3.9 percent to zero. The ‘‘13- today, persons with disabilities con- of their staff, Connie Garner and Chris inch’’ designation historically has in- tinue to struggle to live independently Crowley. cluded television products whose pic- and become fully contributing mem- Many individuals receiving SSI and ture tubes are approximately, but not bers of their communities. We know SSDI want to work and are able to exactly, 13 inches by diagonal measure- that of the 54 million disabled people in work. But less than 1⁄2 of 1% of these ment. The 1997 HTSUS, however, con- this country, may have the capacity to individuals leave the Social Security verted the diagonal picture tube meas- work and become productive citizens, rolls and become self-sufficient. Clear- urement into 33.02 centimeters or ex- but they are unable to do so because of ly, there is something wrong with the actly 13 inches. With the implementa- the unnecessary barriers they face. system. tion of the 1997 HTSUS, the former ‘‘13- We have made progress through a When we enacted the ADA, we put inch’’ televisions have been classified special education system committed to our nation on a new path. A path to- as larger than 13-inches and assessed a excellence in learning, and through a ward independence, not dependence. higher rate of duty. March 25, 1998 CONGRESSIONAL RECORD — SENATE S2573 I am proposing this technical correc- also permitted off-airport sites, as long Each year, more than 2 million tion to amend the HTSUS to allow tel- as they were in within 25 miles of the poisonings are reported to poison con- evision receivers, monitors, and picture airport. What happens is: tourists visit trol centers throughout the United tubes, and combination TV/VCRs with the off-airport site, buy duty-free goods States. More than 90% of these a diagonal measurement of up to ‘‘34.29 and those goods are shipped to meet poisonings happen in the home—and centimeters’’ (or 13.5 inches) to be clas- them when they arrive home. over fifty percent of poisoning victims sified as ‘‘13-inches’’. This action is When the bill was passed, audits were are children younger than 6 years of consistent with our Uruguay Round conducted in person by Customs in- age. commitments. spectors. The 25-mile limit was im- By providing expert telephone advice I ask unanimous consent that this posed so as not to unduly burden in- to distraught parents, poisoning vic- bill be printed in the RECORD. spectors who would otherwise have to tims, and health care professionals, There being no objection, the bill was travel great distances between stores. poison control centers decrease the se- ordered to be printed in the RECORD, as However, audits are no longer con- verity of illness and prevent deaths. follows: ducted in person; rather they are done Let me illustrate the value of poison S. 1859 by computer. Inspectors no longer have control centers by telling you about Be it enacted by the Senate and House of Rep- to travel between stores. two similar poisoning cases that had resentatives of the United States of America in This legislation adds new section to very different outcomes. Congress assembled, the law establishing the 25-mile limit In the first case, a 3 year old child SECTION 1. TARIFF CLASSIFICATION OF 13 INCH to allow exceptions if Customs is rea- swallowed several tablets of aspirin. TELEVISIONS. His mother called the poison control (a) IN GENERAL.—Each of the following sub- sonably assured the goods being sold headings of the Harmonized Tariff Schedule are duty free items for people leaving center and was told to give the child of the United States is amended by striking through international airports. All of syrup of Ipecac (pronounced ip-ah-kak) ‘‘33.02 cm’’ in the article description and in- the other regulations controlling au- to make the child vomit before taking serting ‘‘34.29 cm’’: dits and inspections are still in effect; him to the emergency room. The boy (1) Subheading 8528.12.12. this simply allows stores outside of the was examined in the emergency room (2) Subheading 8528.12.20. 25-mile limit. and sent home. (3) Subheading 8528.12.62. I urge my colleagues to support this In the second case, another toddler (4) Subheading 8528.12.68. swallowed several aspirin while visit- (5) Subheading 8528.12.76. bill. (6) Subheading 8528.12.84. Mr. President, I ask unanimous con- ing her grandmother’s house. Her fam- (7) Subheading 8528.21.16. sent that the text of the bill be printed ily was unaware that aspirin can be (8) Subheading 8528.21.24. in the RECORD. very dangerous for children, and did (9) Subheading 8528.21.55. There being no objection, the bill was not think to call the poison control (10) Subheading 8528.21.65. ordered to be printed in the RECORD, as center. Nine hours later, the child (11) Subheading 8528.21.75. follows: started to have a seizure. When she ar- (12) Subheading 8528.21.85. S. 1861 rived at the hospital, she was severely (13) Subheading 8528.30.62. ill and nearly died. She spent almost (14) Subheading 8528.30.66. Be it enacted by the Senate and House of Rep- (15) Subheading 8540.11.24. resentatives of the United States of America in two weeks in the pediatric intensive (16) Subheading 8540.11.44. Congress assembled, care unit. (b) EFFECTIVE DATE.— SECTION 1. DUTY-FREE SALES ENTERPRISES. Mr. President, I can tell you that (1) IN GENERAL.—The amendments made by Section 555(b)(2) of the Tariff Act of 1930 (19 even after eight children, it’s often this Act apply to articles entered, or with- U.S.C. 1555(b)(2)) is amended— hard to know exactly what to do in drawn from warehouse for consumption, on (1) by striking ‘‘or’’ at the end of subpara- these emergencies. In this kind of situ- or after the date that is 15 days after the graph (A), ation, poison control centers can save date of enactment of this Act. (2) by striking the period at the end of sub- lives. (2) RETROACTIVE APPLICATION.—Notwith- paragraph (B) and inserting ‘‘; or’’, and standing section 514 of the Tariff Act of 1930 They are life-saving—and they are (3) by adding at the end the following new truly cost-effective public health serv- or any other provision of law, upon proper subparagraph: request filed with the Customs Service not ‘‘(C) the customs territory, if reasonable ices. For every dollar spent on poison later than 180 days after the date of enact- assurance can be provided that the purchaser control center services, $7 in medical ment of this Act, any entry, or withdrawal of the duty-free merchandise will depart costs are saved. The average cost from from warehouse for consumption, of an arti- from an international airport located within a poisoning exposure call is $31.28, cle described in a subheading listed in para- the customs territory.’’. while the average cost if other parts of graphs (1) through (16) of subsection (a)— the health care system are used is $932. (A) that was made on or after January 1, By Mr. DEWINE: In spite of their obvious value, poison 1995, and before the date that is 15 days after S. 1862. A bill to provide assistance control centers are seriously under- the date of enactment of this Act, for poison prevention and to stabilize (B) with respect to which there would have funded, and the funding situation been no duty or a lesser duty if the amend- the funding of regional poison control threatens to get worse. These centers ments made by subsection (a) applied to such centers; to the Committee on Labor have so far been financed through un- entry, and and Human Resources. stable arrangements involving a vari- (C) that is— THE POISON CONTROL CENTER ENHANCEMENT ety of public and private sources. (i) unliquidated, AND AWARENESS ACT In Ohio, poison control centers are (ii) under protest, or Mr. DEWINE. Mr. President, I rise funded primarily by hospitals, with (iii) otherwise not final, today to introduce the Poison Control shall be liquidated or reliquidated as though some funds coming from the State. such amendment applied to such entry. Center Enhancement and Awareness Ohio’s poison control centers are work- Act of 1998. ing together to coordinate services and By Mrs. FEINSTEIN: Mr. President, America’s poison con- consolidate resources, while they con- S. 1861. A bill to amend the Tariff Act trol centers do important work—and tinue to look for stable funding of 1930 to permit duty-free sales enter- they need our help. The number of cen- sources. prises to be located in certain areas; to ters has been declining over the last Currently, the Federal Government the Committee on Finance. several years. Their funding has been provides 5% of poison control center THE DUTY FREE SALES ENTERPRISES ACT unstable—and this has resulted in the funding, but reaps most of the cost-sav- AMENDMENT ACT OF 1998 closing of many of them. ings benefits from poison control cen- Mrs. FEINSTEIN. Mr. President, in Poison control centers manage ter services. It is only fair that the 1988, Congress passed the Duty Free poisonings over the telephone, direct Federal Government pay for its share Sales Enterprises Act which, among those that cannot be managed at home of the cost burden for poison control other things, gave Customs the author- to a local hospital for treatment, pro- center services. This legislation pro- ity to audit duty free stores to ensure vide professional and public education vides Federal dollars to stabilize poi- compliance with laws and regulations and training, and collect data on poi- son control center funding and improve governing import activities. The Act soning exposures. poison control center services. I have S2574 CONGRESSIONAL RECORD — SENATE March 25, 1998 tried to write this legislation so that It will reduce the inappropriate use poses of achieving the financial stability of existing private and state dollars can of emergency medical services and such centers, and for preventing and provid- be leveraged, rather than displaced, by other costly health care services. ing treatment recommendations for Federal funds. And, most importantly, it will save poisonings. Over the last two decades, the insta- (b) OTHER IMPROVEMENTS.—The Secretary lives. shall also use amounts received under this bility and lack of funding has resulted Mr. President, I ask unanimous con- section to— in a steady decline in the number of sent that this statement and the text (1) develop standard education programs; poison control centers in the United of the bill be printed in the RECORD. (2) develop standard patient management States. In 1978, there were over 600 poi- There being no objection, the bill was protocols for commonly encountered toxic son control centers; now, there are 75. ordered to be printed in the RECORD, as exposures; This trend has jeopardized the capacity follows: (3) improve and expand the poison control of poison control centers to provide eq- S. 1862 data collection systems; and uitable services to all Americans. As a (4) improve national toxic exposure sur- Be it enacted by the Senate and House of Rep- veillance. result, more people may die, more peo- resentatives of the United States of America in (c) CERTIFICATION.—Except as provided in ple may be injured and the costs for Congress assembled, subsection (d), the Secretary may make a treating poisonings may increase. SECTION 1. SHORT TITLE. grant to a center under subsection (a) only if For example, in 1991, Louisiana This Act may be cited as the ‘‘Poison Con- the center has been certified by a profes- closed its poison center and referred all trol Center Enhancement and Awareness sional organization in the field of poison calls to Alabama. After its closing, Act’’. control, and the Secretary has approved the Louisiana found that ‘‘the cost attrib- SEC. 2. FINDINGS. organization as having in effect standards utable to unnecessary emergency de- Congress makes the following findings: for certification that reasonably provide for partment visits was more than three (1) Each year more than 2,000,000 the protection of the public health with re- times the amount allocated to operate poisonings are reported to poison control spect to poisoning. centers throughout the United States. More the poison control center each year.’’ (d) WAIVER OF CERTIFICATION REQUIRE- than 90 percent of these poisonings happen in MENTS.— Louisiana also found that medically the home. 53 percent of poisoning victims are (1) IN GENERAL.—The Secretary may grant treated poisonings, those treated in children younger than 6 years of age. a waiver of the certification requirement of emergency rooms or by physicians, in- (2) Poison centers are life-saving and cost- subsection (a) with respect to a noncertified creased 42%. It reopened its poison con- effective public health services. For every poison control center that applies for a grant trol center. dollar spent on poison control centers, $7 in under this section if such center can reason- My office has consulted with a num- medical costs are saved. The average cost of ably demonstrate that the center will obtain ber of experts on how we can best im- a poisoning exposure call is $31.28, while the such a certification within a reasonable pe- prove poison control operations on a average cost if other parts of the medical riod of time as determined appropriate by national scale, and my legislation con- system are involved is $932. Over the last 2 the Secretary. decades, the instability and lack of funding (2) RENEWAL.—The Secretary may only tains a number of their suggestions. has resulted in a steady decline in the num- renew a waiver under paragraph (1) for a pe- Here’s what the bill does. ber of poison control centers in the United riod of 3 years. It establishes a national toll-free States. Currently, there are 75 such centers. (e) SUPPLEMENT NOT SUPPLANT.—Amounts number to ensure that all Americans (3) Stabilizing the funding structure and made available to a poison control center have access to poison control center increasing accessibility to poison control under this section shall be used to supple- services. This number is then auto- centers will increase the number of United ment and not supplant other Federal, State, matically routed to the center des- States residents who have access to a cer- local or private funds provided for such cen- ignated to cover the caller’s region. tified poison control center, and reduce the ter. This system will improve access to poi- inappropriate use of emergency medical (f) MAINTENANCE OF EFFORT.—A poison con- son control center services for every- services and other more costly health care trol center, in utilizing the proceeds of a services. one. It will also simplify efforts to edu- grant under this section, shall maintain the SEC. 3. DEFINITION. expenditures of the center for activities of cate parents and the public about what In this Act, the term ‘‘Secretary’’ means the center at a level that is equal to not less to do in the event of a poisoning expo- the Secretary of Health and Human Services. than the level of such expenditures main- sure and how to do it quickly. SEC. 4. ESTABLISHMENT OF A NATIONAL TOLL- tained by the center for the fiscal year pre- It begins a nationwide media cam- FREE NUMBER. ceding the fiscal year for which the grant is paign to educate the public and health (a) IN GENERAL.—The Secretary shall pro- received. care providers about poison prevention, vide coordination and assistance to regional (g) MATCHING REQUIREMENT.—The Sec- and advertise the new, nationwide toll- poison control centers for the establishment retary may impose a matching requirement free number. I’ve seen the great work of a nationwide toll-free phone number to be with respect to amounts provided under a done by some non-profit groups, and used to access such centers. grant under this section if the Secretary de- termines appropriate. how effective their public health cam- (b) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to (h) AUTHORIZATION OF APPROPRIATIONS.— paigns have been. That’s what I’d like carry out this section, $2,000,000 for each of There is authorized to be appropriated to to see here. the fiscal years 1999 through 2001. carry out this section, $25,000,000 for each of It establishes a grant program to sta- SEC. 5. ESTABLISHMENT OF NATIONWIDE MEDIA the fiscal years 1999 through 2001. bilize the funding mechanism and pre- CAMPAIGN. f vent certified regional poison control (a) IN GENERAL.—The Secretary shall es- centers from closing. This program will tablish a national media campaign to edu- ADDITIONAL COSPONSORS support activities to prevent and treat cate the public and health care providers S. 358 poisonings; develop standard education about poison prevention and the availability programs; develop standard patient of poison control resources in local commu- At the request of Mr. DEWINE, the management protocols for commonly nities and to conduct advertising campaigns names of the Senator from Kentucky concerning the nationwide toll-free number encountered toxic exposures; improve (Mr. MCCONNELL) and the Senator from established under section 4. New York (Mr. D’AMATO) were added as and expand the poison control data col- (b) CONTRACT WITH ENTITY.—The Secretary lection system; and improve national cosponsors of S. 358, a bill to provide may carry out subsection (a) by entering for compassionate payments with re- toxin exposure surveillance. into contracts with 1 or more nationally rec- Mr. President, I have always been a ognized media firms for the development and gard to individuals with blood-clotting supporter of the prevention and treat- distribution of monthly television, radio, disorders, such as hemophilia, who con- ment services provided by poison con- and newspaper public service announce- tracted human immunodeficiency virus trol centers. As a member of the Con- ments. due to contaminated blood products, gressional Prevention Coalition, I hope (c) AUTHORIZATION OF APPROPRIATIONS.— and for other purposes. There is authorized to be appropriated to S. 775 to increase awareness of this very im- carry out this section, $600,000 for each of the portant issue. Federal support for poi- fiscal years 1999 through 2003. At the request of Mr. BINGAMAN, his son control centers will help ensure SEC. 6. ESTABLISHMENT OF A GRANT PROGRAM. name was added as a cosponsor of S. that all Americans continue to have (a) REGIONAL POISON CONTROL CENTERS.— 775, a bill to amend the Internal Reve- access to quality poison control center The Secretary shall award grants to certified nue Code of 1986 to exclude gain or loss services. regional poison control centers for the pur- from the sale of livestock from the March 25, 1998 CONGRESSIONAL RECORD — SENATE S2575 computation of capital gain net income Centers for Disease Control and Pre- (Mr. SMITH) was added as a cosponsor for purposes of the earned income cred- vention. of amendment No. 2081 intended to be it. S. 1723 proposed to Treaty No. 105-36, Proto- S. 1344 At the request of Mr. ABRAHAM, the cols to the North Atlantic Treaty of At the request of Mr. BROWNBACK, the names of the Senator from South Caro- 1949 on the accession of Poland, Hun- names of the Senator from Wyoming lina (Mr. THURMOND) and the Senator gary, and the Czech Republic. These (Mr. THOMAS) and the Senator from from Pennsylvania (Mr. SANTORUM) protocols were opened for signature at Brussels on December 16, 1997, and Rhode Island (Mr. CHAFEE) were added were added as cosponsors of S. 1723, a as cosponsors of S. 1344, a bill to amend bill to amend the Immigration and Na- signed on behalf of the United States of the Foreign Assistance Act of 1961 to tionality Act to assist the United America and other parties to the North Atlantic Treaty. target assistance to support the eco- States to remain competitive by in- nomic and political independence of creasing the access of the United AMENDMENT NO. 2082 the countries of South Caucasus and States firms and institutions of higher At the request of Mr. CRAIG the name Central Asia. education to skilled personnel and by of the Senator from New Hampshire expanding educational and training op- (Mr. SMITH) was added as a cosponsor S. 1406 portunities for American students and of amendment No. 2082 intended to be At the request of Mr. SMITH, the workers. proposed to Treaty No. 105-36, Proto- name of the Senator from Mississippi S. 1724 cols to the North Atlantic Treaty of (Mr. LOTT) was added as a cosponsor of At the request of Ms. COLLINS, the 1949 on the accession of Poland, Hun- S. 1406, a bill to amend section 2301 of name of the Senator from New Hamp- gary, and the Czech Republic. These title 38, United States Code, to provide shire (Mr. GREGG) was added as a co- protocols were opened for signature at for the furnishing of burial flags on be- sponsor of S. 1724, a bill to amend the Brussels on December 16, 1997, and half of certain deceased members and Internal Revenue Code of 1986 to repeal signed on behalf of the United States of former members of the Selected Re- the information reporting requirement America and other parties to the North serve. relating to the Hope Scholarship and Atlantic Treaty. S. 1481 Lifetime Learning Credits imposed on AMENDMENT NO. 2083 At the request of Mr. DEWINE, the educational institutions and certain At the request of Mrs. HUTCHISON the names of the Senator from South Caro- other trades and businesses. name of the Senator from Alabama lina (Mr. HOLLINGS) and the Senator SENATE CONCURRENT RESOLUTION 77 (Mr. SESSIONS) was added as a cospon- from Florida (Mr. MACK) were added as At the request of Mr. SESSIONS, the sor of amendment No. 2083 proposed to cosponsors of S. 1481, a bill to amend name of the Senator from Oregon (Mr. S. 1768, an original bill making emer- the Social Security Act to eliminate SMITH) was added as a cosponsor of gency supplemental appropriations for the time limitation on benefits for im- Senate Concurrent Resolution 77, a recovery from natural disasters, and munosuppressive drugs under the medi- concurrent resolution expressing the for overseas peacekeeping efforts, for care program, to provide for continued sense of the Congress that the Federal the fiscal year ending September 30, entitlement for such drugs for certain government should acknowledge the 1998, and for other purposes. individuals after medicare benefits end, importance of at-home parents and f and to extend certain medicare second- should not discriminate against fami- SENATE CONCURRENT RESOLU- ary payer requirements. lies who forego a second income in TION 87—TO CORRECT THE EN- S. 1621 order for a mother or father to be at ROLLMENT OF S. 419 home with their children. At the request of Mr. GRAMS, the Mr. JEFFORDS submitted the fol- name of the Senator from Utah (Mr. SENATE RESOLUTION 176 lowing concurrent resolution; which BENNETT) was added as a cosponsor of At the request of Mr. DOMENICI, the was considered and agreed to: names of the Senator from Nevada (Mr. S. 1621, a bill to provide that certain S. CON. RES. 87 REID), the Senator from Michigan (Mr. Federal property shall be made avail- Resolved by the Senate (the House of Rep- able to States for State use before ABRAHAM), and the Senator from South resentatives concurring), That, in the enroll- being made available to other entities, Carolina (Mr. THURMOND) were added as ment of the bill (S. 419) to provide surveil- and for other purposes. cosponsors of Senate Resolution 176, a lance, research, and services aimed at pre- S. 1677 resolution proclaiming the week of Oc- vention of birth defects, and for other pur- tober 18 through October 24, 1998, as poses, the Secretary of the Senate shall At the request of Mr. CHAFEE, the ‘‘National Character Counts Week.’’ make the following corrections: name of the Senator from Tennessee (1) In section 1 of the bill, strike ‘‘1997’’ SENATE RESOLUTION 189 (Mr. FRIST) was added as a cosponsor of and insert ‘‘1998’’. S. 1677, a bill to reauthorize the North At the request of Mr. TORRICELLI, the (2) In section 2 of the bill: American Wetlands Conservation Act names of the Senator from Mississippi (A) In subsection (d) of section 317C of and the Partnerships for Wildlife Act. (Mr. COCHRAN) and the Senator from the Public Health Service Act (as proposed Connecticut (Mr. LIEBERMAN) were to be amended by such section 2) strike S. 1710 added as cosponsors of Senate Resolu- ‘‘1998’’ and insert ‘‘1999’’. At the request of Mr. COCHRAN, the tion 189, a resolution honoring the (B) In subsection (f) of section 317C of the name of the Senator from Rhode Island Public Health Service Act (as proposed to be 150th anniversary of the United States amended by such section 2) strike ‘‘1998’’ and (Mr. REED) was added as a cosponsor of Women’s Rights Movement that was all that follows through ‘‘2001’’ and insert S. 1710, a bill to provide for the correc- initiated by the 1848 Women’s Rights ‘‘1999, $40,000,000 for fiscal year 2000, and such tion of retirement coverage errors Convention held in Seneca Falls, New sums as may be necessary for each of the fis- under chapters 83 and 84 of title 5, York, and calling for a national cele- cal years 2001 and 2002’’. United States Code. bration of women’s rights in 1998. f S. 1722 AMENDMENT NO. 1481 AMENDMENTS SUBMITTED At the request of Mr. FRIST, the At the request of Mr. DEWINE the names of the Senator from Texas (Mrs. names of the Senator from South Caro- HUTCHISON), the Senator from Georgia lina (Mr. HOLLINGS) and the Senator 1998 EMERGENCY SUPPLEMENTAL (Mr. COVERDELL), the Senator from from Florida (Mr. MACK) were added as APPROPRIATIONS ACT FOR RE- Utah (Mr. BENNETT), the Senator from cosponsors of amendment No. 1481 in- COVERY FROM NATURAL DISAS- Kansas (Mr. BROWNBACK), and the Sen- tended to be proposed to S. 1173, a bill TERS, AND FOR OVERSEAS ator from Louisiana (Mr. BREAUX) were to authorize funds for construction of PEACEKEEPING EFFORTS added as cosponsors of S. 1722, a bill to highways, for highway safety pro- amend the Public Health Service Act grams, and for mass transit programs, to revise and extend certain programs and for other purposes. FEINGOLD AMENDMENT NO. 2121 with respect to women’s health re- AMENDMENT NO. 2081 Mr. FEINGOLD proposed an amend- search and prevention activities at the At the request of Mr. CRAIG the name ment to the bill (S. 1768) making emer- National Institutes of Health and the of the Senator from New Hampshire gency supplemental appropriations for S2576 CONGRESSIONAL RECORD — SENATE March 25, 1998 recovery from natural disasters, and Provided, That such amount is designated by DEPARTMENT OF HOUSING AND URBAN for overseas peacekeeping efforts, for the Congress as an emergency requirement DEVELOPMENT the fiscal year ending September 30 pursuant to section 251(b)(2)(A) of the Bal- COMMUNITY PLANNING AND DEVELOPMENT COM- 1998, and for other purposes; as follows: anced Budget and Emergency Deficit Control MUNITY DEVELOPMENT—BLOCK GRANT FUNDS Act of 1985, as amended. Beginning on page 7, strike out line 13 and For an additional amount for ‘‘Community For an additional amount for ‘‘Operation development block grants funds’’, as author- all that follows through page 12, line 1, and and Maintenance, Defense-wide’’, $44,000,000, insert in lieu thereof the following: ized under title I of the Housing and Commu- for emergency expenses resulting from natu- nity Development Act of 1974, $260,000,000, MILITARY PERSONNEL, ARMY ral disasters in the United States: Provided, which shall remain available until Septem- For an additional amount for ‘‘Military That the entire amount shall be available ber 30, 2001, for use only for disaster relief, Personnel, Army’’, $184,000,000: Provided, only to the extent that an official budget re- long-term recovery, and mitigation in com- That of such amount, $72,500,000 (the amount quest for $44,000,000, that includes designa- munities affected by Presidentially declared for funding incremental costs of contingency tion of the entire amount of the request as natural disasters designated during fiscal operations in Southwest Asia) is designated an emergency requirement as defined in the year 1998, except for those activities reim- by the Congress as an emergency require- Balanced Budget and Emergency Deficit bursable or for which funds are made avail- ment pursuant to section 251(b)(2)(A) of the Control Act of 1985, as amended, is transmit- able by the Federal Emergency Management Balanced Budget and Emergency Deficit ted by the President to the Congress: Pro- Agency, the Small Business Administration, Control Act of 1985, as amended. vided further, That the entire amount is des- or the Army Corps of Engineers: Provided, MILITARY PERSONNEL, NAVY ignated by the Congress as an emergency re- That in administering these amounts and ex- For an additional amount for ‘‘Military quirement pursuant to section 251(b)(2)(A) of cept as provided in the next proviso, the Sec- Personnel, Navy’’, $22,300,000: Provided, That such Act; Provided further, That the Sec- retary may waive or specify alternative re- of such amount, $19,900,000 (the amount for retary of Defense may transfer these funds quirements for, and provision of any statute funding incremental costs of contingency op- to current applicable operation and mainte- or regulation that the Secretary administers erations in Southwest Asia) is designated by nance appropriations, to be merged with and in connection with the obligation by the Sec- the Congress as an emergency requirement available for the same purposes and for the retary or the use by the recipient of these pursuant to section 251(b)(2)(A) of the Bal- same time period as the appropriation to funds, except for statutory requirements re- anced Budget and Emergency Deficit Control which transferred: Provided further, That the lated to civil rights, fair housing and non- Act of 1985, as amended. transfer authority provided in this provision discrimination, the environment, and labor MILITARY PERSONNEL, MARINE CORPS is in addition to any transfer authority standards, upon a finding that such a waiver For an additional amount for ‘‘Military available to the Department. is required to facilitate the use of such funds Personnel, Marine Corps’’, $5,100,000: Pro- OPERATION AND MAINTENANCE, ARMY and would not be inconsistent with the over- vided, That of such amount, $3,700,000 (the RESERVE all purpose of the statute: Provided further, That the Secretary may waive the require- amount for funding incremental costs of con- For an additional amount for ‘‘Operation ments that activities benefit persons of low tingency operations in Southwest Asia) is and Maintenance, Army Reserve’’, $650,000: and moderate income, except that at least 50 designated by the Congress as an emergency Provided, That such amount is designated by percent of the funds under this head must requirement pursuant to section 251(b)(2)(A) the Congress as an emergency requirement benefit primarily persons of low and mod- of the Balanced Budget and Emergency Defi- pursuant to section 251(b)(2)(A) of the Bal- erate income unless the Secretary makes a cit Control Act of 1985, as amended. anced Budget and Emergency Deficit Control finding of compelling need: Provided further, MILITARY PERSONNEL, AIR FORCE Act of 1985, as amended. That all funds under this head shall be allo- For an additional amount for ‘‘Military OPERATION AND MAINTENANCE, AIR FORCE cated by the Secretary to states to be admin- Personnel, Air Force’’, $10,900,000: Provided, RESERVE istered by each state in conjunction with its That such amount is designated by the Con- For an additional amount for ‘‘Operation Federal Emergency Management Agency gress as an emergency requirement pursuant and Maintenance, Air Force Reserve’’, program or its community development to section 251(b)(2)(A) of the Balanced Budg- $229,000: Provided, That such amount is des- block grant program: Provided further, That et and Emergency Deficit Control Act of ignated by the Congress as an emergency re- each state shall provide not less than 25 per- 1985, as amended. quirement pursuant to section 251(b)(2)(A) of cent in public or private matching funds or RESERVE PERSONNEL, NAVY the Balanced Budget and Emergency Deficit its equivalent value (other than administra- For an additional amount for ‘‘Reserve Control Act of 1985, as amended. tive costs) for any funds allocated to the state under this head: Provided further, That, Personnel, Navy’’, $4,100,000: Provided, That OPERATION AND MAINTENANCE, ARMY in conjunction with the Director of the Fed- of such amount, $2,000,000 (the amount for NATIONAL GUARD funding incremental costs of contingency op- eral Emergency Management Agency, the erations in Southwest Asia) is designated by For an additional amount for ‘‘Operation Secretary shall allocate funds based on the the Congress as an emergency requirement and Maintenance, Army National Guard’’, unmet needs identified by the Director as pursuant to section 251(b)(2)(A) of the Bal- $175,000: Provided, That such amount is des- those which has not or will not be addressed anced Budget and Emergency Deficit Control ignated by the Congress as an emergency re- by other federal disaster assistance pro- Act of 1985, as amended. quirement pursuant to section 251(b)(2)(A) of grams: Provided further, That, in conjunction the Balanced Budget and Emergency Deficit OPERATION AND MAINTENANCE with the Director, the Secretary shall utilize Control Act of 1985, as amended. annual disaster cost estimates in order that OPERATION AND MAINTENANCE, ARMY OVERSEAS CONTINGENCY OPERATIONS the funds under this head shall be available, For an additional amount for ‘‘Operation TRANSFER FUND to the maximum extent feasible, to assist and Maintenance, Army’’, $1,886,000: Pro- (INCLUDING TRANSFER OF FUNDS) states with all Presidentially declared disas- vided, That such amount is designated by the ters designated during this fiscal year: Pro- For an additional amount for ‘‘Overseas Congress as an emergency requirement pur- vided further, That the Secretary shall pub- Contingency Operations Transfer Fund’’, suant to section 251(b)(2)(A) of the Balanced lish a notice in the Federal Register govern- $1,556,000,000, to remain available until ex- Budget and Emergency Deficit Control Act ing the allocation and use of the community pended, of which $46,000,000, shall be avail- of 1985, as amended. development block grants funds made avail- able for classified programs: That OPERATION AND MAINTENANCE, NAVY Provided, able under this head for disaster areas and For an additional amount for ‘‘Operation of such amount, $1,188,800,000 (the amount for publish a quarterly list of all allocations of funding incremental costs of contingency op- and Maintenance, Navy’’, $33,272,000: Pro- funds under this head by state, locality and erations in Southwest Asia) is designated by vided, That such amount is designated by the activity (including all uses of waivers and Congress as an emergency requirement pur- the Congress as an emergency requirement the reasons therefor): Provided further, That suant to section 251(b)(2)(A) of the Balanced pursuant to section 251(b)(2)(A) of the Bal- the Secretary and the Director shall submit Budget and Emergency Deficit Control Act anced Budget and Emergency Deficit Control quarterly reports to the House and Senate of 1985, as amended. Act of 1985, Committees on Appropriations on all alloca- OPERATION AND MAINTENANCE, AIR FORCE tions and use of funds under this head, in- For an additional amount for ‘‘Operation BOND (AND OTHERS) AMENDMENT cluding a review of all unmet needs: Provided and Maintenance, Air Force’’, $21,509,000: NO. 2122 further, That the entire amount shall be Provided, That such amount is designated by available only to the extent an official budg- Mr. BOND (for himself, Ms. MIKULSKI, et request, that includes designation of the the Congress as an emergency requirement entire amount of the request as an emer- pursuant to section 251(b)(2)(A) of the Bal- Mr. STEVENS, Ms. SNOWE, Ms. COLLINS, gency requirement as defined by the Bal- anced Budget and Emergency Deficit Control Mr. D’AMATO, Mr. MOYNIHAN, Mr. JEF- anced Budget and Emergency Deficit Control Act of 1985, as amended. FORDS, Mr. LEAHY, Mr. MACK, Mr. Act of 1985, as amended, is transmitted by GRAHAM, and Mrs. BOXER) proposed an OPERATION AND MAINTENANCE, DEFENSE-WIDE the President to the Congress: Provided fur- (INCLUDING TRANSFER OF FUNDS) amendment to the bill, S. 1768, supra; ther, That the entire amount is designated For an additional amount for ‘‘Operation as follows: by the Congress as an emergency require- and Maintenance, Defense-wide’’, $1,390,000: Insert at the appropriate place: ment pursuant to section 251(b)(2)(A)(i) of March 25, 1998 CONGRESSIONAL RECORD — SENATE S2577 the Balanced Budget and Emergency Deficit noise requirements of the heavier traffic (3) Structure the International Monetary Control Act of 1985, as amended. load that is anticipated for Paseo del Norte, Fund programs and assistance so that recipi- as referenced in section A–2 of the Unser ent governments commit to compliance with Middle Transportation Corrider Record of all environmental obligations and agree- BOND (AND MIKULSKI) Decision prepared by the city of Albuquerque ments of which it is a signatory. AMENDMENT NO. 2123 dated December 199? * * * (4) Work with the International Monetary Mr. BOND (for himself and Ms. MI- (B) At least 180 days before the initiation Fund to incorporate the recognition that of any road construction within the area ex- macroeconomic development and policies KULSKI) proposed an amendment to the cluded from the monument the amendment bill, S. 1768, supra; as follows: can affect and be affected by environmental made by subsection (d), the city of Albuquer- conditions and policies,including by working On page 46, at the bottom of the page, in- que shall notify the Director of the National independently and with multilateral devel- sert the following: Park Service (hereinafter ‘‘the Director’’), opment banks to encourage countries to cor- INDEPENDENT AGENCY who may submit suggested modifications to rect market failures and to adopt appro- FEDERAL EMERGENCY MANAGEMENT the design specifications of the road con- priate environmental policies in support of AGENCY struction project within the area excluded macroeconomic stability and sustainable de- from the monument by the amendment made velopment. DISASTER RELIEF by subsection (d). (5) Structure the International Monetary For an additional amount for ‘‘Disaster re- (C) If after 180 days, an agreement on the Fund programs and assistance so that gov- lief’’, $1,600,000,000, to remain available until design specifications is not reached by the ernments which draw on the International expended: Provided, That these funds shall be city of Albuquerque and the Director, the Monetary Fund channel funds away from un- available only to the extent that an official city may contract with the head of the De- productive purposes, such as excessive mili- budget request for a specific amount, that partment of Civil Engineering at the Univer- tary spending, and towards investment in includes designation of the entire amount of sity of New Mexico, to design a road to meet human and physical capital as well as social the request as an emergency requirement as the design criteria referred to in subpara- programs to protect the neediest and pro- defined in the Balanced Budget and Emer- graph (A). The design specifications devel- mote social equity. gency Deficit Control Act of 1985, as amend- oped by the Department of Civil Engineering (6) Work with the International Monetary ed, is transmitted by the President to Con- shall be deemed to have met the require- Fund to foster economic prescriptions that gress: Provided further, that the entire ments of this paragraph, and the city may are appropriate to the individual economic amount appropriated herein is designated by proceed with the construction project, in ac- circumstances of each recipient country, rec- Congress as an emergency requirement pur- cordance with those design specifications. ognizing that inappropriate stabilization suant to section 251(b)(2)(A) of the Balanced On page 33, beginning on line 13, strike all programs may only serve to further desta- Budget and Emergency Deficit Control Act through line 22, and insert the following: bilize the economy and create unnecessary of 1985, as amended. (B) by inserting ‘‘(1)’’ after ‘‘(a)’’; economic, social, and political dislocation. (C) by adding at the end the following: (b) REPORT TO CONGRESS.—The Secretary of DOMENICI (AND BINGAMAN) ‘‘(2)(A) Notwithstanding paragraph (1), ef- the Treasury shall submit a semi-annual re- fective as of the date of enactment of this AMENDMENT NO. 2124 port to Congress on the status of Inter- subparagraph—’’. national Monetary Fund programs linked to Mr. DOMENICI (for himself and Mr. On page 34, line 9, strike ‘‘DOCUMENT.—’’. official United States government financing. BINGAMAN) proposed an amendment to On page 34, line 12, after ‘‘Corridors’,’’, in- (c) CONTENTS OF REPORT.—With respect to the bill, S. 1768, supra; as follows: sert ‘‘dated October 30, 1997,’’. each program, the report shall include the On page 29, line 20, strike ‘‘(PANO’’, and in- following: (1) Whether International Monetary Fund sert ‘‘(JPANO’’. At the end of page 29, insert WELLSTONE AMENDMENTS NOS. involvement in labor market flexibility the following new paragraphs: 2125–2128 measures has a negative impact on core (7) the National Park Service has identi- Mr. WELLSTONE proposed four worker rights, particularly the rights of free fied the realignment of Unser Boulevard, de- association and collective bargaining. picted on the map referred to in section amendments to the bill, S. 1768, supra; (2) A description of any abuses of core 102(a) of the Petroglyph National Monument as follows: worker rights and how the International Establishment Act of 1990 (Public Law 101– AMENDMENT NO. 2125 Monetary Fund addresses such abuses. 313; 16 U.S.C. 431 note), as serving a park pur- At the appropriate place, add the follow- (3) Whether the program adequately bal- pose in the General Management Plan/Devel- ing: ances the need for austerity, economic opment Concept Plan for Petroglyph Na- SEC. . REFORM OF INTERNATIONAL MONETARY growth, and social equity. tional Monument; FUND POLICIES. (4) What measures are included in the pro- (8) the establishment of a citizens’ advi- (a) IN GENERAL.—The United States Gov- gram to ensure sustainable development and sory committee prior to construction of the ernment shall employ its best efforts to do address environmental devastation. Unser Boulevard South project, which runs the following, and such efforts shall include along the eastern boundary of the Atrisco but not be limited to the Secretary of the AMENDMENT NO. 2126 Unit of the monument, allowed the citizens Treasury instructing the United States Ex- of Albuquerque and the National Park Serv- At the appropriate place, add the follow- ecutive Director at the International Mone- ing: ice to provide significant and meaningful tary Fund to use the voice and vote of the input into the parkway design of the road, Executive Director aggressively to these SEC. . SENSE OF THE CONGRESS ON THE TREAT- MENT OF MUCHTAR PAKPAHAN. and that similar proceedings should occur ends: It is the sense of Congress that the Govern- prior to construction with the Paseo del (1) Structure the International Monetary ment of Indonesia should immediately re- Norte corridor; Fund programs and assistance so that— (9) parkway standards approved by the city (A) recipient governments commit, as a lease Muchtar Pakpahan from prison and of Albuquerque for the construction of Unser condition of loan approval and renewal, to have all criminal charges against him dis- Boulevard South along the eastern boundary affording workers the right to exercise inter- missed. of the Atrisco Unit of the monument would nationally recognized worker rights, includ- be appropriate for a road passing through the ing the right of free association, collective AMENDMENT NO. 2127 Paseo del Norte corridor; bargaining through unions of their own At the appropriate place, add the follow- On page 30, redesignate paragraphs (7) and choosing, and the use of any form of forced ing: (8) as paragraphs (10) and (11). or compulsory labor; SEC. . BURDEN-SHARING BY PRIVATE CREDI- On page 30, beginning on line 13, strike (B) measures designed to facilitate labor TORS. ‘‘STORM WATER DRAINAGE AND TECH- market flexibility are consistent with such (a) IN GENERAL.—The Secretary of the NICAL ASSISTANCE.’’, and insert ‘‘PLAN- core worker rights; and Treasury shall instruct the United States NING AUTHORITY.’’. (C) the staff of the International Monetary Executive Director at the International On page 31, beginning on line 1, strike Fund adequately takes into account the Monetary Fund to use the voice and vote of paragraph (2), and insert the following: views of the International Labor Organiza- the Executive Director aggressively to (2) ROAD DESIGN.— tion, particularly with respect to the impor- amend the International Monetary Fund by- (A) If the city of Albuquerque decides to tance of labor market flexibility measures in laws to provide that the Fund shall not pro- proceed with the construction of a roadway reducing unemployment in recipient coun- vide funds to any country experiencing a fi- within the area excluded from the monument tries, and the impact such measures may nancial crisis resulting from excessive and by the amendment made by subsection (d), have on core worker rights in such countries. imprudent borrowing unless the private the design criteria shall be similar to those (2) Vigorously promote the adoption and creditors, investors, and banking institu- provided for the Unser Boulevard South enforcement of laws promoting respect for tions that had extended such credit make a project along the eastern boundary of the internationally recognized worker rights (as significant prior contribution by means of Atrisco Unit, taking into account topo- defined in Section 507(4) of the Trade Act of debt relief, rollovers of existing credit, or graphic differences and the lane, speed and 1974 (19 U.S.C. 2467(4)). the provision of new credit, as part of an S2578 CONGRESSIONAL RECORD — SENATE March 25, 1998 overall program approved by the Inter- (2) the Department of Defense has spent and uncredited, the Department of Defense national Monetary Fund for resolution of the $2,200,000,000 in fiscal year 1995, $3,300,000,000 has spent since January 1, 1990, in support of crisis. in fiscal year 1996, and $2,973,000,000 in fiscal United Nations Security Council resolutions. year 1997 for the incremental costs of imple- (d) REPORT TO CONGRESS.—Not later than AMENDMENT NO. 2128 menting or supporting United Nations Secu- 45 days after the date of enactment of this At the appropriate place, add the follow- rity Council resolutions for which the United Act, the President shall submit a report to ing: States received no credit at the United Na- the Committees on Appropriations and Inter- tions; SEC. . ADVISORY COMMITTEE ON IMF POLICY. national Relations of the House of Rep- (3) as of March 1, 1998, the United States resentatives and the Committees on Appro- (a) IN GENERAL.—The Secretary of the Federal debt totaled $5,537,630,079,097; Treasury shall establish an International priations and Foreign Relations of the Sen- (4) as of the date of enactment of this Act, Monetary Fund Advisory Committee (in this ate with regard to actions taken to carry out the United States, according to an audit by the provisions of subsection (c). section referred to as ‘‘Advisory Commit- the General Accounting Office, has spent tee’’). more than $6,400,000,000 in incremental costs (b) MEMBERSHIP.—The Advisory Committee to the Department of Defense in and around NICKLES AMENDMENT NO. 2131 shall consist of 8 members appointed by the Bosnia for which the United States received Secretary of the Treasury, after appropriate Mr. NICKLES proposed an amend- no credit at the United Nations; ment to amendment No. 2123 proposed consultations with the relevant organiza- (5) the President is now requesting an addi- by Mr. BOND to the bill, S. 1768, supra; tions, as follows: tional $486,900,000 for United States deploy- (1) at least 2 members shall be representa- ments in and around Bosnia and $1,361,400,000 as follows: tives from organized labor. for United States deployments in and around Beginning on page 1, line 5, strike every- (2) at least 2 members shall be representa- the Persian Gulf in ‘‘emergency fiscal year thing after the word ‘‘expended:’’. tives from nongovernmental environmental 1998 supplemental funds’’; f organizations. (6) those funds are in addition to the Presi- (3) at least 2 members shall be representa- dent’s request for $1,020,000,000 in arrears for THE EDUCATION SAVINGS ACT tives from nongovernmental human rights or all assessed contributions to international social justice organizations. FOR PUBLIC AND PRIVATE organizations, including a request for SCHOOLS (c) DUTIES.—Not less frequently than every $658,000,000 for United States arrears for six months, the Advisory Committee shall United Nations peacekeeping operations; meet with the Secretary of the Treasury to (7) in response to spiraling United Nations review and provide advice on the extent to peacekeeping costs and excessively broad DODD AMENDMENT NO. 2132 which individual IMF country programs mandates, the President on April 30, 1994, ap- meet the policy goals set forth in Article I of (Ordered to lie on the table.) proved Public Law 103–236, which in section Mr. DODD submitted an amendment the Fund’s Articles of Agreements and this 404 limits the payment of the United States Act. assessed contribution for any United Nations intended to be proposed by him to the (d) INAPPLICABILITY OF TERMINATION PROVI- peacekeeping operation to 25 percent of the bill (H.R. 2646) to amend the Internal SIONS OF THE FEDERAL ADVISORY COMMITTEE total of all assessed contributions for that Revenue Code for 1986 to allow tax-free ACT.—Section 14(a)(2) of the Federal Advi- operation; expenditures from education individual sory Committee Act shall not apply to the (8) the United Nations continues to charge retirement accounts for elementary Advisory Committee. the United States for 30.4 percent of the and secondary school expenses, to in- costs of United Nations peacekeeping oper- crease the maximum annual amount of GREGG AMENDMENT NO. 2129 ations, despite Public Law 103–236; (9) the United Nations continues to de- contributions to such accounts, and for Mr. GREGG proposed an amendment mand payment from the United States of the other purposes; as follows: to the amendment No. 2103 proposed by difference between 25 percent and 30.4 per- Strike section 101, and insert the follow- Mr. FAIRCLOTH to the bill, S. 1768, cent of bills for United Nations peacekeeping ing: supra; as follows: operations; SEC. 101. FUNDING FOR PART B OF IDEA. At the end, add the following: (10) United States law prohibits payment Any net revenue increases resulting from (4) EXPENDITURES FROM TRUST FUND.— of those amounts as arrears to the United the enactment of title II that remain avail- (A) IN GENERAL.—Subject to subparagraph Nations, and the United States is not obli- able, taking into account the provisions of (B), amounts in the Trust Fund shall be gated to pay those amounts. this title, shall be used to carry out part B available to the Secretary of Education for (b) SENSE OF THE SENATE.—It is the sense of of the Individuals with Disabilities Edu- making expenditures to carry out subsection of the Senate that— cation Act (20 U.S.C. 1411 et seq.). (a). (1) United States taxpayers should be com- f (B) RESERVATION.— mended for their generous and unparalleled (i) IN GENERAL.—The Secretary of the support in maintaining international peace and security through these additional con- 1998 EMERGENCY SUPPLEMENTAL Treasury shall reserve $1,000,000,000 of the APPROPRIATIONS ACT FOR RE- amounts in the Trust Fund for activities tributions in support of United Nations Se- under part B of the Individuals with Disabil- curity Council resolutions, and that the COVERY FROM NATURAL DISAS- ities Education Act (20 U.S.C. 1411 et seq.). United Nations should acknowledge publicly TERS, AND FOR OVERSEAS (ii) USE.—Amounts reserved under clause the financial and military support of the PEACEKEEPING EFFORTS (i) shall be available to the Secretary of Edu- United States in maintaining international cation, during the 5-year period beginning on peace and stability; the date of establishment of the Trust Fund, (2) the United Nations should immediately ENZI (AND OTHERS) AMENDMENT for use in carrying out activities under such reduce the percentage that the United States NO. 2133 part B. is assessed for United Nations peacekeeping operations to 25 percent to reflect United Mr. ENZI (for himself, Mr. BRYAN, States law that limits assessments the Mr. REID, and Mr. SESSIONS) proposed HELMS (AND OTHERS) United States will pay to support United Na- AMENDMENT NO. 2130 an amendment to the bill (S. 1768) tions peacekeeping operations. supra; as follows: Mr. HELMS (for himself, Mr. LOTT, (c) RECOGNITION OF UNITED STATES SUP- PORT.— At the appropriate place, insert the follow- Mr. GRAMS, Mr. GREGG, Mr. HOLLINGS, (1) REPORT BY THE SECURITY COUNCIL.—The ing: Mr. BYRD, Mr. FAIRCLOTH, and Mr. President should direct the United States SECTION 1. PROHIBITION. ASHCROFT) proposed an amendment to Ambassador to the United Nations to intro- Notwithstanding section 11(d)(7)(B)(vii) of the bill, S. 1768, supra; as follows: duce a resolution in the United Nations Se- the Indian Gaming Regulatory Act (25 U.S.C. At the appropriate place in the bill, insert curity Council, requiring that the Security 2710(d)(7)(B)(vii)), the Secretary of the Inte- the following: Council publicly report to all United Nations rior shall not— SEC l. UNITED STATES TAXPAYER SUPPORT TO- member states on the amount of funds the (1) promulgate as final regulations, the WARDS INTERNATIONAL PEACE AND United States has spent since January 1, proposed regulations published on January SECURITY. 1990, in implementing or supporting United 22, 1998, at 63 Fed. Reg. 3289; or (a) FINDINGS.—Congress finds that— Nations Security Council resolutions, as de- (2) issue a notice of proposed rulemaking (1) 8,500 men and women from the United termined by the Department of Defense. for, or promulgate, any similar regulations States Armed Forces are currently serving (2) DEMARCHE TO SECURITY COUNCIL MEM- to provide for procedures for gaming activi- in and around Bosnia, and 44,200 men and BERS.—The Secretary of State should issue a ties under the Indian Gaming Regulatory women from the United States Armed Forces demarche to all member countries of the Act (25 U.S.C. 2701 et seq.), in any case in are currently serving in and around the Per- United Nations Security Council, informing which a State asserts a defense of sovereign sian Gulf; them of the amount of funds, both credited immunity to a lawsuit brought by an Indian March 25, 1998 CONGRESSIONAL RECORD — SENATE S2579 tribe in a Federal court under section 11(d)(7) medical condition of the borrower or of a meet at 2 p.m. on Wednesday, March 25, of that Act (25 U.S.C. 2710(d)(7)) to compel member of the immediate family of the bor- 1998, in open session, to receive testi- the State to participate in compact negotia- rower (or, in the case of a borrower that is an mony on the situation in the Persian tions for class III gaming (as that term is de- entity, a principal owner of the borrower or Gulf. fined in section 4(8) of that Act (25 U.S.C. a member of the immediate family of such 2703(8))). an owner); and The PRESIDING OFFICER. Without ‘‘(iii) any restructuring, write-down, or net objection, it is so ordered. BUMPERS AMENDMENT NO. 2134 recovery buy-out provided as a part of a res- olution of a discrimination complaint COMMITTEE ON BANKING, HOUSING, AND URBAN Mr. BUMPERS proposed an amend- against the Secretary.’’. AFFAIRS ment to the bill, S. 1768, supra; as fol- (b) Section 353(m) of such Act (7 U.S.C. Mr. STEVENS. Mr. President, I ask lows: 2001(m)) is amended by striking all that pre- unanimous consent that the Commit- cedes paragraph (2) and inserting the follow- At the appropriate place insert the follow- tee on Banking, Housing, and Urban ing: ing: ‘‘(m) LIMITATION ON NUMBER OF WRITE- Affairs be authorized to meet during ‘‘SEC. . SENSE OF THE SENATE WITH REGARD DOWNS AND NET RECOVERY BUY-OUTS PER the session of the Senate on Wednes- TO OFFSETS. BORROWER.— day, March 25, 1998, to conduct a hear- (a) FINDINGS.—The Senate finds that— ‘‘(I) IN GENERAL.—The Secretary may pro- ing on the re-nomination of Arthur (1) the Budget Enforcement Act contains vide a write-down or net recovery buy-out Levitt, Jr., to be a commissioner and discretionary spending caps to limit discre- under this section on not more than 2 occa- tionary spending; chairman of the Securities and Ex- sions per borrower with respect to loans change Commission. (2) within the discretionary spending caps, made after January 6, 1988.’’. Congress has imposed firewalls to establish (c) Section 353 of such Act (7 U.S.C. 2001) is The PRESIDING OFFICER. Without overall limits on spending for non-defense amended by striking subsection (o). objection, it is so ordered. discretionary programs and overall limits on (d) Section 355(c)(2) of such Act (7 U.S.C. spending for defense discretionary programs; 2003(c)(2)) is amended to read as follows: COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS (3) any increase in non-defense discre- ‘‘(2) RESERVATION AND ALLOCATION.— tionary spending that would exceed the non- ‘‘(A) IN GENERAL.—The Secretary shall, to Mr. STEVENS. Mr. President, I ask defense discretionary spending caps must be the greatest extent practicable, reserve and offset by rescissions in non-defense discre- unanimous consent that the full Com- allocate the proportion of each State’s loan mittee on Environment and Public tionary programs; funds made available under subtitle B that is (4) any increase in defense discretionary equal to that State’s target participation Works be granted permission to con- spending that would exceed the defense dis- rate for use by the socially disadvantaged tinue markup of S. 8, the Superfund cretionary spending caps must be offset by farmers or ranchers in that State. The Sec- Cleanup Acceleration Act of 1997, rescissions in defense discretionary pro- retary shall, to the extent practicable, dis- Wednesday, March 25, 9:30 a.m., Hear- grams; tribute the total so derived on a county by ing room (SD–406). (5) the Budget Enforcement Act exempts county basis according to the number of so- The PRESIDING OFFICER. Without emergency spending from the discretionary cially disadvantaged farmers or ranchers in spending caps; the county. objection, it is so ordered. (6) certain items funded in the fiscal year ‘‘(B) REALLOCATION OF UNUSED FUNDS.—The COMMITTEE ON GOVERNMENTAL AFFAIRS 1998 supplemental appropriations bill have Secretary may pool any funds reserved and been designated as emergencies and thus are allocated under this paragraph with respect Mr. STEVENS. Mr. President, I ask exempt from the budget cap limitations; to a State that are not used as described in unanimous consent on behalf of the (7) the House of Representatives will be subparagraph (A) in a State in the first 10 Governmental Affairs Committee to considering a version of the fiscal year 1998 months of a fiscal year with the funds simi- meet on Wednesday, March 25, 1998, at supplemental appropriations bill that will larly not so used in other States, and may purportedly make rescissions to offset spend- 10 a.m., for a hearing on the Govern- reallocate such pooled funds in the discre- ment Secrecy Act of 1997, S. 712. ing on items that have been deemed emer- tion of the Secretary for use by socially dis- gencies; advantaged farmers and ranchers in other The PRESIDING OFFICER. Without (8) the rescissions included in the House of States.’’. objection, it is so ordered. Representatives fiscal year 1998 supple- (e) Section 373(b)(1) of such Act (7 U.S.C. mental appropriations bill will purportedly 2008h(b)(1)) is amended to read as follows: COMMITTEE ON RULES AND ADMINISTRATION come solely from non-defense discretionary ‘‘(1) IN GENERAL.—Except as provided in Mr. STEVENS. Mr. President, I ask programs; paragraph (2), the Secretary may not make unanimous consent that the Commit- (b) SENSE OF THE SENATE.—It is the Sense or guarantee a loan under subtitle A or B to of the Senate that of the rescissions, if any, tee on Rules and Administration be au- a borrower who on, 2 or more occasions, re- thorized to meet during the session of which Congress makes to offset appropria- ceived debt forgiveness on a loan made or tions made for emergency items in the fiscal guaranteed under this title.’’. the Senate on Wednesday, March 25, year 1998 supplemental appropriations bill, (f) Section 373(c) of such Act (7 U.S.C. 1998 beginning at 9:30 a.m., until busi- defense spending should be rescinded to off- 2008h(c)) is amended to read as follows: ness is completed, to receive testimony set increases in spending for defense pro- ‘‘(c) NO MORE THAN 2 DEBT FORGIVENESSES on the Federal election Commission’s grams. PER BORROWER ON DIRECT LOANS.—The Sec- budget authorization request for FY99. retary may not, on 2 or more occasions, pro- The PRESIDING OFFICER. Without ROBB AMENDMENT NO. 2135 vide debt forgiveness to a borrower on a di- rect loan made under this title.’’. objection, it is so ordered. Mr. ROBB proposed an amendment to SEC. 2. REGULATIONS. COMMITTEE ON VETERANS’ AFFAIRS the bill, S. 1768, supra; as follows: Not later than 90 days after the date of the At the appropriate place, add the follow- enactment of this Act, the Secretary of Agri- Mr. STEVENS. Mr. President, the ing: culture shall promulgate regulations nec- Committee on Veterans’ Affairs re- ‘‘SEC. 1. SHORT TITLE. essary to carry out the amendments made by quests unanimous consent to hold a This section may be cited as the ‘Agricul- this Act, without regard to— joint hearing with the House Commit- tural Credit Restoration Act’. (1) the notice and comment provisions of tee on Veterans Affairs to receive the SEC. 2. AMENDMENTS TO THE CONSOLIDATED section 553 of title 5, United States Code; and legislative presentations of AMVETS, FARM AND RURAL DEVELOPMENT (2) the statement of policy of the Secretary American Ex-Prisoners of War, Viet- ACT. of Agriculture relating to notices of proposed rule-making and public participation in rule- nam Veterans of America, and the Re- (a) Section 343(a)(12)(B) of the Consolidated tired Officers Association. Farm and Rural Development Act (7 U.S.C. making that became effective on July 24, 1991(a)(12)(B)) is amended to read as follows: 1971 (36 Fed. Reg. 13804). The hearing will be held on March 25, ‘‘(B) EXCEPTIONS.—The term ‘debt forgive- f 1998, at 9:30 a.m., in room 345 of the ness’ does not include— Cannon House Office Building. ‘‘(i) consolidation, rescheduling, re- AUTHORITY FOR COMMITTEES TO amortization, or deferral of a loan; MEET The PRESIDING OFFICER. Without ‘‘(ii) debt forgiveness in the form of a re- objection, it is so ordered. COMMITTEE ON ARMED SERVICES structuring, write-down, or net recovery SELECT COMMITTEE ON INTELLIGENCE buy-out during the lifetime of the borrower Mr. STEVENS. Mr. President, I ask that is due to a financial problem of the bor- unanimous consent that the Commit- Mr. STEVENS. Mr. President, I ask rower relating to a natural disaster or a tee on Armed Services be authorized to unanimous consent that the Select S2580 CONGRESSIONAL RECORD — SENATE March 25, 1998 Committee on Intelligence be author- certain lands to the county of Rio Service in partnership with the states of the ized to meet during the session of the Arriba, New Mexico; S. 1683, a bill to region; and Senate on Wednesday, March 25, 1998 at transfer administrative jurisdiction Whereas, New England states have profited 3 p.m. and Thursday, March 26, 1998 at over part of the Lake Chelan National from the power and promise of citizen serv- ice and traditional volunteers through the 2:30 p.m. to hold a closed hearing on in- Recreation Area from the Secretary of efforts of 90,000 New Englanders who serve telligence matters. the Interior to the Secretary of Agri- our states each day through AmeriCorps, The PRESIDING OFFICER. Without culture for inclusion in the Wenatchee Learn and Serve America, and the National objection, it is so ordered. National Forest; S. 1719, the Gallatin Senior Service Corps programs of the Cor- SUBCOMMITTEE ON AIRLAND Land Consolidation Act of 1998; S. 1752, poration for National Service; and Mr. STEVENS. Mr. President, I ask a bill to authorize the Secretary of Ag- Whereas, New England states have been as- sisted by the Corporation for National Serv- unanimous consent that the Airland riculture to convey certain administra- tive sites and use the proceeds for the ice programs that use service as a strategy Subcommittee of the Committee on to improve the quality of life in the region; Armed Services be authorized to meet acquisition of office sites and the ac- and on Wednesday, March 25, 1998, at 10 quisition, construction, or improve- Whereas, AmeriCorps members and Na- a.m., in open session, to receive testi- ment of offices and support buildings tional Senior Service Corps volunteers have mony on Tactical Aviation Moderniza- for the Coconino National Forest, improved education achievement, enhanced tion. Kaibab National Forest, Prescott Na- our environment, made our neigbhorhoods The PRESIDING OFFICER. Without tional Forest, and Tonto National For- safer, and addressed other human needs; and Whereas, the students in Learn and Serve objection, it is so ordered. est in the State of Arizona; H.R. 1439, a bill to facilitate the sale of certain America have been afforded the opportunity SUBCOMMITTEE ON COMMUNICATIONS to serve their communities and reflect on Mr. STEVENS. Mr. President, I ask lands in Tahoe National Forest in the the meaning of that service; and unanimous consent that the Commu- State of California to Placer County, Whereas, AmeriCorps and the other pro- nications Subcommittee of the Senate California; H.R. 1663, a bill to clarify grams supported by the Corporation for Na- Committee on Commerce, Science, and the intent of the Congress in Public tional Service have provided critical re- sources to our states; and Transportation be authorized to meet Law 93–632 to require the Secretary of Agriculture to continue to provide for Whereas, the proposed reauthorization leg- on Wednesday, March 25, 1998, at 2:30 islation, entitled the National and Commu- p.m., on 271 Application Process. the maintenance of 18 concrete dams and weirs that were located in the Emi- nity Service Amendments Act of 1998 will de- The PRESIDING OFFICER. Without volve more authority and greater flexibility objection, it is so ordered. grant Wilderness at the time the wil- to states in the implementation of programs derness area was designated as wilder- SUBCOMMITTEE ON CONSTITUTION, FEDERALISM, funded by the Corporation for National Serv- ness in that Public Law. AND PROPERTY RIGHTS ice; and The PRESIDING OFFICER. Without Whereas, the existing distribution of Mr. STEVENS. Mr. President, I ask objection, it is so ordered. AmeriCorps grant funds, two-thirds for unanimous consent that the Sub- AmeriCorps State and one-third for committee on Constitution, Federal- SUBCOMMITTEE ON INTERNATIONAL ECONOMIC POLICY, EXPORT AND TRADE PROMOTION AmeriCorps National, is retained in the pro- ism, and Property Rights, of the Sen- posed legilation; and ate Judiciary Committee, be author- Mr. STEVENS. Mr. President, I ask Whereas, New England has benefited sub- ized to meet during the session of the unanimous consent that the Sub- stantially from the law’s existing allocation Senate on Wednesday, March 25, 1998 at committee on International Economic of state funds which redistribute one-half 2 p.m., to hold a hearing in Room 226, Policy, Export and Trade Promotion of through formula and one-half through na- Senate Dirksen Building, on: ‘‘The Tra- the Committee on Foreign Relations be tional competition; Now, therefore, be it Re- authorized to meet during the session solved, That the Governors of Connecticut, dition and Importance of Protecting Maine, Massachusetts, New Hampshire, the United States Flag.’’ of the Senate on Wednesday, March 25, 1998, at 10 a.m., to hold a hearing. Rhode Island and Vermont, through their The PRESIDING OFFICER. Without New England Governors’ Conference, Inc., objection, it is so ordered. The PRESIDING OFFICER. Without urge their respective Congressional delega- objection, it is so ordered. SUBCOMMITTEE ON FORESTS AND PUBLIC LAND tions and the Congress to support the Na- f MANAGEMENT tional Community Service Amendments Act Mr. STEVENS. Mr. President, I ask of 1998, reauthorizing the Corporation for Na- ADDITIONAL STATEMENTS tional Service, to support the bill’s devolu- unanimous consent that the Sub- tion provisions that add authority and flexi- committee on Forests and Public Land bility to states and state commissions, to Management of the Committee on En- REAUTHORIZATION OF THE COR- support the bill’s directives that AmeriCorps ergy and Natural Resources be granted PORATION FOR NATIONAL SERV- State funds provide Governor-appointed permission to meet during the session ICE state commissions more control over pro- of the Senate on Wednesday, March 25, ∑ Mr. REED. Mr. President, the New gram selection, and particularly to support for purposes of conducting a sub- England Governors recently passed a the bill’s continuation of the existing 50/50 committee hearing which is scheduled state funds disitribution division between resolution calling on Congress to adopt formula and nationally competitive to begin at 2 p.m. The purpose of this legislation to reauthorize the Corpora- AmeriCorps grant funds. hearing is to receive testimony on S. tion for National Service this year. Adoption certified by the New England 890, the Dutch John Federal Property As a strong supporter of national and Governors’ Conference, Inc. on February 24, Disposition and Assistance Act of 1997; community service, I am heartened by 1998.∑ S. 1109, a bill to make a minor adjust- the New England Governors’ enthu- f ment in the exterior boundary of the siasm for AmeriCorps, the National Devils Backbone Wilderness in the Senior Service Corps, the Learn and TRIBUTE TO DR. JOHN R. KREICK Mark Twain National Forest, Missouri, Serve program, and other Corporation AS HE RETIRES FROM SANDERS to exclude a small parcel of land con- for National Service initiatives. It is ∑ Mr. SMITH of New Hampshire. Mr. taining improvements; S. 1468, a bill to my hope that the Corporation for Na- President, I rise today to pay tribute provide for the conveyance of one (1) tional Service reauthorization legisla- to Dr. John R. Kreick as he retires acre of land from Santa Fe National tion will be considered by the Senate from Sanders after a distinguished 28- Forest to the Village of Jemez Springs, this year. year career. I commend and admire his New Mexico, as the site of a fire sub- Mr. President, I ask that the New dedication and commitment to the de- station; S. 1469, a bill to provide for the England Governors’ resolution be fense industry, the community and the expansion of the historic community printed in the RECORD. employees of Sanders. cemetery of El Rito, New Mexico, The resolution follows: John joined Sanders in 1969, after re- through the special designation of five RESOLUTION NO. 140 ceiving his doctorate in theoretical acres of Carson National Forest adja- Whereas, the citizens of New England have physics as a research physicist. He pro- cent to the cemetery; S. 1510, a bill to benefited in a variety of ways from the im- ceeded to manage and direct the devel- direct the Secretary of the Interior and portant contribution made by the service opment and production of infrared the Secretary of Agriculture to convey programs of the Corporation for National countermeasure systems that are March 25, 1998 CONGRESSIONAL RECORD — SENATE S2581 today deployed on U.S. and allied heli- vada for the American Defenders of Ba- response and recovery activities for copters and fixed-wing aircraft around taan & Corregidor Western Chapter this disaster. This federal help, com- the world. John moved up to technical Convention. I want to take this oppor- bined with state and local resources, is director for the Sanders Defense and tunity to recognize some of the heroic exactly what is needed. I ask that Di- Information Systems Division in 1983 veterans who were part of MacArthur’s rector Witt’s letter be printed in the and was then promoted to vice presi- army which held off the numerically RECORD. dent and chief engineer for the division superior Japanese forces on the Bataan I offer my deepest sympathy to the that same year. He was named vice Peninsula for four long months. These families and loved-ones of those who president of the company’s airborne heroes not only survived the horrific perished in this disaster. They will be countermeasures product line in the battle and the subsequent Death greatly missed. And, I wish a speedy re- Electronic Warfare Division in 1984 and March, but also endured internment in covery to those injured, with the hope was named President in 1988. POW camps in the Philippines, Man- that they will soon be able to join their John is nationally recognized as a churia, Korea, and Japan. communities in the rebuilding efforts. leader in the electronic warfare field. Several of the Bataan Death March The letter follows: He was honored in 1995 by Aviation survivors attending the convention are FEDERAL EMERGENCY MANAGEMENT AGENCY, Week magazine with the Aerospace from my home state of Nevada. I’d like Laurels Award and he holds a gold Washington, DC, March 25, 1998. to recognize these veterans in the Hon. LAUCH FAIRCLOTH, medal award from the Electronic War- RECORD: Arthur Bartholf, Bill R. Black, U.S. Senate, Washington, DC fare Association. John Bowler, Richard Breslin, Ray- DEAR SENATOR FAIRCLOTH: This is in re- As Chairman of the U.S. Senate Stra- mond Cavellaro, Chesley H. Irvin, sponse to your question regarding the Fed- tegic Forces Subcommittee, I have wit- Ralph Levenberg Donald McDougall, eral Emergency Management Agency’s nessed firsthand John’s contributions Patrick E. Morris, Manuel Navarez, (FEMA) Disaster Assistance Program fund- to our national defense and how his ef- ing. I can assure you that our Agency has Douglas Northam, Tomas Pagaliluan, adequate funding to carry out eligible emer- forts have helped protect American John D. Pasini, John Perkowski, Steve lives. Our rights to ‘‘life, liberty and gency response and recovery activities for Rogers, George Small, Karl D. Tobey. Rockingham County, NC, after last week’s the pursuit of happiness’’ are safer There will also be survivors from Cali- devastating tornadoes. today because of John’s leadership. fornia, Arizona, Oregon and Washing- As you know, the President declared Rock- I have had the pleasure of John’s ton at the convention this week. ingham County a Federal Disaster area on friendship and mutual respect for the Mr. President, I speak for myself, for Sunday during my visit there. We are al- past 13 years. I wish John, Carole and ready serving citizens under our Individual everyone here in the Senate, and for all his family much happiness in his re- Assistance program. In addition, we are Nevada citizens, I am deeply appre- tirement and I know he will enjoy his awaiting the results of the States’ Prelimi- ciative for the sacrifices these heroic free time skiing mid-week in the White nary Damage Assessments to determine the men made who survived such horrific need for Public Assistance. As soon as that Mountains. John Kreick, best wishes circumstances surrounding the Bataan information is collected and submitted to and Godspeed. It is an honor to rep- Death March. I know this is a debt FEMA, we will review it and make a deter- resent you in the U.S. Senate.∑ which we can never completely repay, mination as appropriate. f We appreciate your interest in FEMA’s but nonetheless it is so important to Disaster Assistance programs and are stand- BATAAN DEATH MARCH say—Thank you for your dedication ing by to offer North Carolinians assistance. ∑ Mr. REID. Mr. President, during the and devotion to protecting our freedom If you have any further questions, please early days of World War II, General and liberty.∑ have a member of your staff contact our Of- MacArthur withdrew his forces from f fice of Congressional and Legislative Affairs at (202) 646–4500. Luzon to the Bataan Peninsula. These DISASTER ASSISTANCE TO ROCK- Sincerely, forces were responsible for delaying the INGHAM COUNTY, NORTH CARO- JAMES L. WITT, Japanese timetable for conquest by LINA Director.∑ four months and for keeping the Japa- f nese forces tied up in the Philippines. ∑ Mr. FAIRCLOTH. Mr. President, After four months of fighting, the com- North Carolina suffered a great tragedy FCC REPORT ON SCHOOLS AND bined American and Filipino forces last Friday. In less than a moment, LIBRARIES were forced to surrender. Many per- without any time for warning, two ∑ Mr. HOLLINGS. Mr. President, the ished in the fight, those that survived communities in Rockingham County Appropriations Supplemental contains were in poor health or were wounded. were hit by powerful tornadoes that a provision sponsored by myself, the Following the surrender of forces in left two dead, nearly 30 injured, and in- Appropriations Committee Chairman, April 1942, the Japanese marched the describable destruction in their wakes. Senator STEVENS, and the Commerce 70,000 prisoners the length of the Ba- The good people of Stoneville and Committee Chairman, Senator MCCAIN, taan peninsula to prisoner of war Mayodan have pulled together and requiring the Federal Communications camps. It is estimated that more than have already set about the difficult job Commission (FCC) to submit a report 10,000 perished during the Death March. of picking up the pieces and rebuilding to Congress by May 8, 1998. The tragedy and horror of the Death their communities. Homes and busi- My provision requires the FCC to do March is almost impossible to imagine. nesses are being put back together. several things. First, it directs the FCC The prisoners were marched with little Roads, fields, and streams are being to cure the defects found by the Gen- food and water from the southern end cleared of trees and debris. eral Accounting Office (GAO) in the of the Bataan Peninsula to San Fer- Speaking for the state and Rocking- program’s administrative structure. nando, a total of 55 miles. From San ham County, Mr. President, we are The GAO found that the FCC’s imple- Fernando, the prisoners were taken by thankful for the federal disaster dec- mentation of schools/libraries program rail to Capas where they were marched laration, which came so quickly, and violated the Government Corporations the final eight miles to Camp permitted the Federal Emergency Man- Control Act (GCCA) in setting up inde- O’Donnell. Many of the prisoners were agement Agency, and all the agencies pendent corporations to administer the weakened from disease and from and volunteer organizations to come to schools/libraries program. Mr. Presi- months of fighting. Those that fell be- the scene so soon after disaster struck. dent, when the Congress wants to es- hind were beaten badly by the Japa- And I have confidence that appropriate tablish a separate corporation to ad- nese troops—a prisoner unable to get federal aid will continue. minister a program it does so. That’s up was often executed on the spot. Two Mr. President, I have been assured why Congress set up the Corporation out of every three Americans who that funding in this Emergency Supple- for Public Broadcasting. The FCC does fought at Battan failed to return home, mental Appropriation will be used for not have such unilateral authority to having either died in battle, during the recovery in Rockingham County. Fur- go creating a corporation because it Death March, or in prison camps. ther, I have a letter from Director wants to. This week, 80 survivors of the Bataan James L. Witt indicating that FEMA The report also asks detailed ques- Death March are meeting in Reno, Ne- has adequate funding for its emergency tions about how much money will be S2582 CONGRESSIONAL RECORD — SENATE March 25, 1998 needed to fund the program and how cosponsor of a concurrent resolution GUN VIOLENCE the FCC intends to collect the money. which calls for the U.S. to encourage Mr. DURBIN. Mr. President, I come The goal is to administer the program the end of restrictions on the freedoms to the floor of the Senate to speak of without raising telephone rates. There- and human rights of the enclaved peo- the tragedy which occurred in fore, the report asks detailed questions ple in the occupied area of Cyprus. We Jonesboro, AR, yesterday. News re- that are necessary to put the FCC on must continue to work to resolve the ports tell us that two boys, aged 11 and record to justify the cost of the pro- Cyprus problem and reduce the ten- 13, dressed in camouflage, opened fire gram. The FCC made commitments to sions that exist between Greece and on the students and teachers of the Congress that schools/libraries pro- Turkey. West Side Middle School. Four children gram would not raise rates and I intend But, for today, let us celebrate the were killed, and a teacher who tried to to ensure that the agency keeps its anniversary of Greek Independence, the shield other children also lost her life. word. If the FCC does not deliver on its richness of the Greek heritage and the This tragedy did not occur in my commitments to protect consumers legacy of democracy that country gave home State of Illinois, but, sadly, it from rate increases, Congress will step to the world.∑ could have. Gun violence on children in and make the FCC accountable. f has become so common in America Finally, my amendment also directs that kids killed in drive-by shootings the FCC to cap the salary of the pro- IN RECOGNITION OF ALDO are no longer lead stories on the na- gram’s administrator at a government VAGNOZZI tional news. We are jarred into the salary—as opposed to the $250,000 sal- ∑ Mr. LEVIN. Mr. President, I rise harsh reality of modern American vio- ary the FCC set up. I support the pro- today to pay tribute to a good friend lence only when there is something un- gram but the Congress must take from my home state of Michigan, Mr. usual about the gun violence on chil- measures such as these to ensure that Aldo Vagnozzi. Aldo is retiring after a dren: the number of victims, the set- the agency administers the law and long and distinguished career as a jour- ting, or the perpetrators. policy that the Congress adopts. It is nalist for labor publications. In Jonesboro, AR, five victims at a not the FCC’s job to adopt policies In 1948, Aldo Vagnozzi began his ca- peaceful school, dead at the hands of which exceed the authority given to it reer in journalism as a Senior at other children with guns, have caught by the Congress.∑ Wayne State University, writing for the national attention for at least a f the Michigan CIO News. He became edi- moment. News stories headline the COMMEMORATION OF GREEK tor of the Michigan AFL-CIO News, and tragedy. This evening’s news begins INDEPENDENCE served in that position until 1968, when with long features about what this he joined the Detroit Labor News. By means. Today, from Africa, President ∑ Mr. REED. Mr. President, I rise to 1970, Aldo was already considered a leg- Clinton calls on Attorney General commemorate the 177th Anniversary of Reno to investigate. Parents across the beginning of the revolution that end by many of his fellow labor jour- nalists for the way in which he kept America pause for a heartbeat to won- won Greece’s independence from the der, ‘‘Can it happen to my child? Can it Ottoman Empire. I was proud to join the labor community informed about news affecting the working people of happen at my child’s school?’’ with fifty-one of my colleagues in Sadly it can and it does. sponsoring Senate Resolution 171 Michigan. One of his colleagues is quoted in the Detroit Labor News as I hope that America is not so careless which designates today ‘‘Greek Inde- or so inattentive not to take a moment pendence Day: A National Day of Cele- saying ‘‘The movement for worker rights and justice has been immeas- and reflect on what is happening with bration of Greek and American Democ- these terrible crimes. Sadly, this is not racy.’’ urably strengthened by his dedication to his craft and his talents as a labor the first or only instance when this has The strong ties between the United occurred. On December 1 of last year, a States and Greece extend back to the journalist.’’ Although he is retiring after 50 years young boy opened fire on a student birth of this nation. Indeed, the Found- prayer circle in the hallway in Heath ing Fathers looked to the principles of work, that does not mean that Aldo Vagnozzi’s commitment to the people High School in West Paducah, KY. formulated by the Greek philosophers Three students were killed, five others when composing the governing docu- of Michigan is also coming to an end. In early May, he will participate in the wounded. A 14-year-old student, de- ments of the United States. As Thomas scribed as small and emotionally im- Jefferson stated, ‘‘to the ancient Michigan Labor Press Conference, where he will share with other labor mature, was arrested. Greeks . . . we are all indebted for the Two months earlier, a 16-year-old editors and writers some of the in- light which led ourselves out of Gothic outcast in Pearl, MI, was accused of sights he gained throughout his career. darkness.’’ America owes much to the killing his mother, then going to And Aldo will also continue his leader- Greeks for all they have given us, then school and shooting nine students. Two ship in the public service arena as well. and now. of them died, including the boy’s ex- His strong principles and beliefs have The Greeks have been members of my girlfriend. Authorities later accused six earned him the support of people from state’s communities for over one hun- friends of conspiracy, saying the sus- all walks of life and political persua- dred years. Over 6,000 residents of pects were part of a group that dabbled sions in his home city of Farmington Rhode Island claimed Greek heritage in satanism. in the last Census. When they first Hills, Michigan, where he serves as the Closer to here, a sniper who holed up came to the state they worked in the first directly elected mayor in history. in the woods wounded two students De- factories and on the shores. Today, the Mr. President, throughout his 50 cember 15 outside a school in the descendants of these first immigrants years in journalism, Aldo Vagnozzi has southwestern Arkansas town of continue to prosper and enrich the used the power of the written word to Stamps. The two, both wounded in the state and rest of the country through advance the cause of workers’ rights, hip, were hospitalized overnight. A 14- their contributions to banking, medi- safety and justice. I know my col- year-old boy was arrested in the man- cine, the tourism industry and the arts. leagues will join me in saluting Aldo hunt. Although today we commemorate the for his exceptional career and in wish- And now the news reports to us what Greek victory over 400 years of domina- ing him well in his retirement.∑ was confiscated as being in their pos- tion by the Ottoman Empire, we must f session. Mr. President, listen to what also remember that Greece is still not was confiscated in the possession of able to celebrate complete peace and ORDER OF PRECEDURE these two boys, 11 and 13, who opened freedom. Almost twenty-four years The PRESIDING OFFICER. The Sen- gunfire at this Jonesboro school: three ago, Turkey invaded Cyprus and today ator from Illinois. rifles, three revolvers, two semiauto- 35,000 troops continue to occupy over Mr. DURBIN. I ask to be recognized matic pistols, two derringers, and 3,000 40% of the island and inflict human in morning business. rounds of ammunition. rights abuses on the 660,000 Cypriots. The PRESIDING OFFICER. The Sen- It is interesting when foreign visitors Recently, I was proud to sign on as a ator is recognized. come to the United States and reflect March 25, 1998 CONGRESSIONAL RECORD — SENATE S2583 on the great American culture and on Earlier in the same week that Jonesboro, AR, will inspire us to do it our values, how many of them that I Donnell and Kenyon were shot, an 18- and do it quickly. I yield back the re- have entertained in Illinois or in Wash- year-old boy handed a 9-year-old boy a mainder of my time. ington comment about the love affair loaded gun and told him the safety was Mr. KENNEDY addressed the Chair. America has with guns. They are puz- on. It wasn’t. That 9-year-old pulled The PRESIDING OFFICER. The Sen- zled—what is it about this great Nation the trigger. He shot 15-year-old ator from Massachusetts. that would allow so many people to Theunco Bell in the throat. f own so many guns and so many to be A day before that incident, a 10- and SUPPLEMENTAL APPROPRIATIONS used recklessly, causing such violent 12-year-old were playing with a gun. It crime and death on a daily basis? went off and killed the 10-year-old Mr. KENNEDY. Mr. President, I will There are some things that are being whose name was Michael Fuller. just take a few moments of time to re- done about it on a State basis that we As former staff physician at Cook visit the proposal of the Senator from should reflect on at this moment. Some County Hospital said: Oklahoma, Senator NICKLES, to strike the funding that would be available States have decided that adults in pos- Whether intentional or unintentional . . . session of firearms have a responsibil- children have access to guns. Children are under this legislation to implement the ity to possess those firearms in a way naturally curious, and a gun can be a very Kassebaum-Kennedy bill. According to that is safe and that protects members sexy toy for them. GAO that legislation benefited some 25 of their family as well as others from So what can we do? Can we watch in million Americans who change or lose coming into contact with the firearms. horror as the stories come to us from their job every year and could face pre- I recall a story that came about at a Chicago, from Jonesboro, from Ken- existing condition exclusions or denial recent family reunion, because in my tucky, from Mississippi? Can we la- of coverage. That legislation passed family in Illinois there are many ment the horror that has been visited 100–0 in the Senate; the conference re- gunowners. One of them was talking on these children, their families, their port passed 98 to 0. We know there are gaps in terms of about the fact that one of my relatives, teachers and the whole community? the implementation for providing these he was a father of a young boy, but he Can we say that this is just part of the critical protections to those in the dis- had his guns safely locked away, that price of doing business in America ability community and really for any that little boy could never get to those today, or do we act? Do we decide as a American who has a condition that guns. And another older man in the nation that it is time for us to come to could make it difficult for them to get family said, ‘‘Yes, I know, that’s how I grips with this challenge, to accept the or keep insurance. HCFA asked the Ap- used to do it. I’d lock them away and reality that people, if they are to own propriations Committee to reallocate my son could never find them.’’ But his guns, must own them responsibly? resources to give them the ability to son was sitting there and he said, Senator KOHL of Wisconsin has trig- hire the necessary skilled staff, pri- ‘‘Dad, I got into those guns all kinds of ger-lock legislation, which I support, marily with expertise in the insurance times.’’ Guns and Christmas presents which would reduce the likelihood of business, who would be able to assist are going to be discovered by kids. And gun violence among children and, as I them to carry forward these protec- if they can be discovered, tragedy can mentioned, many States have passed tions for the disabled community, the happen. legislation imposing responsibilities on mental health community, and for all So a number of States have decided gun owners so that they not let these Americans. That is very, very impor- to do something about it. They have guns go into the hands of children. tant, Mr. President. We had some de- assigned responsibility to the adults Are these laws in the States effec- bate and discussion about this earlier involved and said that they must be tive? Well, as a matter of fact, a study today. careful. If you want to own a handgun, published in October in the Journal of At this time, I want to read into the a pistol, a rifle, a shotgun, you must the American Medical Association RECORD a very fine letter from Nancy- own it responsibly so that gun does not makes clear that children’s lives have Ann Min DeParle, who is the head of become a weapon of violence and death been saved when States have required HCFA. She writes: and some innocent victim result. gun owners to make guns inaccessible Listen to what is happening in Amer- DEAR SENATOR KENNEDY: I am writing to to children. The study found that acci- ica with gun crimes: request your assistance in securing funding The rate of firearm-related deaths dental shooting deaths were reduced by for HCFA to implement the insurance reform among American children is 15 times 23 percent in States that passed child provisions of HIPAA. The $6 billion and 65 greater than that in 25 other industri- access prevention gun laws. FTEs that we have requested for this pur- alized countries combined. Mr. President, I will be preparing leg- pose will allow us to implement the HIPAA provisions as well as those enacted subse- In a 1-year period, 86 percent of all islation to federalize child access pre- vention gun laws. There is no reason quently in the Newborns’ and Mothers’ gun-related deaths in the industrialized Health Protection Act and the Mental world occurred in the United States of why every child in America shouldn’t be protected at least in some small way Health Parity Act in those states that have America. not fully implemented HIPAA. As you know, Every day in my home State of Illi- by assuming that every owner of a gun currently, 5 states are not implementing nois, a child is killed by gun violence. has to own it responsibly, keep it in a HIPAA. HCFA is requesting these resources At least one child in Illinois every safe manner, keep it in a way where it to guarantee these protections to the 54 mil- month is unintentionally killed as a re- cannot be accessed by children. lion people—or one in five Americans—that sult of a gun accident. I know this won’t put an end to gun live in these five states where under HIPAA, In 1993, the Department of Justice violence. There is just too much of it HCFA is the backup federal enforcement going on in America. But, in fact, it agency. issued a report that concluded street Moreover, we understand that as many as gang violence in Chicago is becoming may slow down the carnage and it may 30 states may not have standards that com- increasingly lethal, primarily because reduce the horror of the stories that we ply with the Mental Health Parity Act and of escalating gang firepower. heard just this evening and last night as many as 10 states may not have standards We took a survey for 1 month in the from Jonesboro, AR. As we reflect on that comply with the Newborns’ and Moth- State of Illinois of gun crimes involv- these four children and their teacher ers’ Health Protection Act. We don’t have ing children. In 1 month in 1996 in a and this terrible tragedy, keep in mind precise numbers because states are not re- Chicago suburb, 15-year-old Ronald that gun violence every day claims the quired to notify HCFA about their intentions Walker was shot in the head as he left lives of children and adults alike to implement these two laws. In addition, we believe that many states may not have im- a grocery store. across America, black and white and plemented other parts of HIPAA. For exam- That same month, police had to rush Hispanic. It is a scourge, a scourge on ple, some states have not implemented guar- two 7-year-old boys, Donnell Ross and those who live not only in big cities anteed availability in the group market or Kenyon Pope, to Cook County Hospital but in small towns. certificates of creditable coverage. Moreover, when they wounded each other while I hope that my colleagues on a bipar- HCFA also has enforcement authority over playing with a .38 pistol found in their tisan basis will join me in this effort to non-Federal governmental plans. apartment. One of the boys was shot in reduce the incidence of gun violence. I Mr. President, I ask unanimous con- the chest. also hope that this tragedy in sent to have printed in the RECORD this S2584 CONGRESSIONAL RECORD — SENATE March 25, 1998 letter from Nancy-Ann Min DeParle, CONSORTIUM FOR (NAMI) has been a leading voice in advocat- Administrator of HCFA. CITIZENS WITH DISABILITIES, ing for parity coverage in health insurance March 25, 1998. policies for people who suffer from schizo- There being no objection, the letter Hon. EDWARD M. KENNEDY, phrenia, manic-depressive illness or other se- was ordered to be printed in the U.S. Senate, vere mental illnesses. Enactment of the RECORD, as follows: Washington, DC. Domenici-Wellstone Mental Health Parity DEPARTMENT OF DEAR SENATOR KENNEDY: The Consortium Act of 1996 was a significant but incomplete HEALTH & HUMAN SERVICES, for Citizens with Disabilities, which rep- step towards ending pervasive discrimina- Washington, DC, March 25, 1998. resents almost 100 national disability organi- tion against people with these severe brain Hon. EDWARD KENNEDY, zations, strongly opposes the Nickles’ disorders in health insurance and other as- U.S. Senate, Amendment which would deprive the Health pects of their lives. Because of the importance we attach to Washington, DC. Care Financing Administration (HCFA) of sufficient funds to enforce the Health Insur- parity and other protections for vulnerable DEAR SENATOR KENNEDY: I am writing to ance Portability and Accountability Act consumers in health care, we have been con- request your assistance in securing funding (P.L. 104–191). The HIPPA legislation—also cerned that the Health Care Financing Ad- for HCFA to implement the insurance reform known as the Kassebaum-Kennedy Act—is a ministration (HCFA) may not have sufficient provisions of HIPAA. The $6 million and 65 stellar example of bipartisan legislation that resources to carry out adequately its impor- FTEs that we have requested for this pur- would benefit individuals of all ages, includ- tant role in enforcing mental health parity pose will allow us to implement the HIPAA ing people with disabilities. and other consumer protections embedded in provisions as well as those enacted subse- The provisions in HIPPA related to pre-ex- the Health Insurance Portability and Ac- quently in the Newborns’ and Mothers’ isting condition exclusions and portability of countability Act (HIPAA). Consequently, on Health Protection Act and the Mental health insurance are working to open the behalf of NAMI’s 172,000 members nation- Health Parity Act in those states that have doors to many individuals with disabilities wide, I am writing to express my strong ap- not fully implemented HIPAA. As you know, and their families who could not previously preciation of your leadership in advocating currently 5 states are not implementing access appropriate health insurance or who for adequate funding to support HCFA’s en- HIPAA (CA, RI, MI, MA, MO). HCFA is re- were imprisoned by ‘‘job lock’’. forcement responsibilities under HIPAA. We questing these resources to guarantee these We urge all Senators to oppose the Nickles’ stand ready to work with you and HCFA to protections to the 54 million people—or one Amendment. ensure that the mental health parity provi- in five Americans—that live in these five Sincerely, sions and other consumer protections con- states where under HIPAA, HCFA is the The Arc; National Association of Protec- tained in HIPAA are aggressively and effec- backup federal enforcement agency. tion and Advocacy Systems; National tively enforced. Moreover, we understand that as many 30 Easter Seal Society; American Asso- Please do not hesitate to call upon us if we states may not have standards that comply ciation on Mental Retardation; Asso- can provide further assistance to you on this with the Mental Health Parity Act and as ciation for Persons in Supported Em- important effort. many as 10 states may not have standards ployment; LDA, the Learning Disabil- Sincerely, that comply with the Newborns’ and Moth- ities Association of America; RESNA, LAURIE M. FLYNN, ers’ Health Protection Act. We don’t have the Rehabilitation Engineering and As- Executive Director. precise numbers because States are not re- sistive Technology Society of North quired to notify HCFA about their intention America; National Alliance for the CONSUMERS UNION, to implement these two laws. In addition, we Mentally Ill; Bazelon Center for Mental Washington, DC, March 25, 1998. believe that many other states may not have Health Law; NISH; Paralyzed Veterans Hon. EDWARD KENNEDY, implemented other parts of HIPAA. For ex- of America; Inter-National Association Ranking Minority Member, Committee on Labor ample, some states have not implemented of Business, Industry & Rehabilitation; & Human Resources, U.S. Senate, Washing- guaranteed availability in the group market Council for Exceptional Children; Na- ton, DC. DEAR SENATOR KENNEDY: We are writing in or certificates of crediable coverage. More- tional Association of Developmental opposition to the Nickles’ amendment which over, HCFA also has enforcement authority Disabilities Councils; United Cerebral would strip $16 million allocated to enforce- over non-federal governmental plans (e.g., Palsy Association; American Congress ment efforts by the Department of Health state and local governments). of Community Supports and Employ- and Human Services of the Health Insurance Sincerely, ment Services; American Network of Portability and Accountability Act (HIPAA). NANCY-ANN MIN DEPARLE. Community Options and Resources; National Association of People with As you know, HIPAA was enacted in 1996 Mr. KENNEDY. Mr. President, I will AIDS; Center for Disability and Health. to help make health insurance more acces- also have printed in the RECORD the sible to people who lose their employment- based coverage. Implementation is still at various letters that support our posi- DISABILITY RIGHTS EDUCATION AND DEFENSE FUND, INC., its early stages. The legislation spells out tion in opposition to the Nickles important functions for the Department of amendment: March 25, 1998. Senator EDWARD M. KENNEDY, Health and Human Services. In addition, sev- Families USA hopes that the Nickles Russell Senate Building eral states (including California) have opted amendment will be defeated; Washington, DC. for federal enforcement instead of state en- DEAR SENATOR KENNEDY: The Disability forcement. This necessitates federal funding The Consortium for Citizens with level to ensure that consumers in these Disabilities, more than 20 different or- Rights Education and Defense Fund (DREDF) strongly opposes the Nickles states are protected by the legislation. ganizations that have been in the van- Amendment to S. 1716, the Emergency Sup- Only through adequate funding, will people guard of protecting and advancing the plemental Appropriations Bill. with pre-existing health conditions be as- cause of those disabled Americans. Passage of the Nickles Amendment would sured they can change jobs without facing They are in strong opposition to the stop the civil rights protections guaranteed new pre-existing condition exclusions from coverage. Only through adequate funding, Nickles amendment; by the Health Insurance Portability and Ac- countability Act (PL 105–191) and the only will people who leave group coverage for the The National Alliance for the Men- accountability left would be the fox guarding individual market be assured that health in- tally Ill is in strong opposition to the the chickens. surance will be accessible to them. Nickles amendment. Without these provisions in HIPPA, the Consumers Union urges the Senate to op- pose the Nickles’ amendment. These are only some of the organiza- doors to health insurance for millions of peo- ple with disabilities will be forever locked. Sincerely, tions, but they represent the leading Please, as you have done so many times be- GAIL SHEARER, organizations that have over the past fore, oppose the Nickles Amendment and Director, Health Policy years been the most involved and ac- open the doors to employment, vote no on Analysis. tive in protecting the rights of the dis- the Nickles Amendment. ADRIENNE MITCHEM, abled and of consumers—all in opposi- Sincerely, Legislative Counsel. tion to the Nickles amendment. We are PATRISHA WRIGHT, Director of Governmental Affairs. FAMILIES USA FOUNDATION, not talking about adding more money. Washington, DC, March 25, 1998. We are talking about reprogramming NATIONAL ALLIANCE FOR THE Senator KENNEDY, existing money. MENTALLY ILL, Russell Senate Office Building, I ask unanimous consent that those Arlington, VA, March 25, 1998. Washington, DC. letters be printed in the RECORD. Senator EDWARD M. KENNEDY, DEAR SENATOR KENNEDY: Families USA Russell Senate Office Building, supports the Administration’s request for There being no objection, the letters Washington, DC. supplemental enforcement money for the were ordered to be printed in the DEAR SENATOR KENNEDY: As you know, the ‘‘Health Insurance Portability and Account- RECORD, as follows: National Alliance for the Mentally Ill ability Act of 1996.’’ March 25, 1998 CONGRESSIONAL RECORD — SENATE S2585 HIPAA provides needed protection to Mr. President, I think that is unac- final conclusion, but not with this un- Americans who otherwise could not purchase ceptable. That is unacceptable. acceptable amendment that would health insurance when they change or lose I have in my hand—and I will get break the promise we have made to jobs. Approximately one in four Americans into this more tomorrow—but the Na- are caught in ‘‘job lock,’’ afraid to change millions of American families. jobs or start their own businesses because of tional Association of Insurance Com- I thank the Chair and yield the floor. preexisting conditions that could prevent missioners, as of December 3, 1997, indi- Mr. ENZI addressed the Chair. them from obtaining new health insurance cated that 30 States have failed to im- The PRESIDING OFFICER. The Sen- coverage. Americans like these who lose plement the mental health provisions. ator from Wyoming. their jobs involuntarily often find them- Thirty States as of December have selves in an even more serious predicament: failed to implement the mental health f They join the growing number of individuals protections. CORRECTING ENROLLMENT OF without health insurance coverage. We were arguing out here, debating Implementing HIPAA requires the Health S. 419 Care Financing Administration to assume whether they had, and Senator NICKLES new responsibilities. If HCFA lacks the re- said, ‘‘Oh, they have implemented.’’ We Mr. ENZI. Mr. President, I ask unani- sources to carry out its duties, HIPAA is have the GAO report and through the mous consent that the Senate proceed meaningless. Without the funds to enforce afternoon we have been able to come to the immediate consideration of S. HIPAA, millions of Americans will be de- up with this information, Mr. Presi- Con. Res. 87 submitted earlier by Sen- prived of these important protections. There- dent. ator JEFFORDS. fore, we urge the defeat of the Nickles What about the maternity provi- The PRESIDING OFFICER. The Amendment to strike the President’s request sions? Remember we had the drive-by clerk will report. for HIPAA enforcement funds. Sincerely yours, deliveries just a few years ago where The assistant legislative clerk read RON POLLACK, expectant mothers were in the hospital as follows: Executive Director. for 24 hours and then out the door they A concurrent resolution (S. Con. Res. 87) to Mr. KENNEDY. Mr. President, I will went and the tragedies that ensued. We correct the enrollment of S. 419. also mention a direct quote from the took action in order to protect those The PRESIDING OFFICER. Is there testimony of the National Association mothers. objection to the immediate consider- of Insurance Commissioners. They are Through the legislative process, that ation of the concurrent resolution? the State commissioners. They ap- became a part of the HIPAA program. There being no objection, the Senate peared before the Ways and Means We find out that, with regard to the proceeded to consider the concurrent Committee last September. When they States that have not enacted the provi- resolution. were talking about enacting sions in terms of protecting mothers, Mr. ENZI. Mr. President, I ask unani- HIPAA—— eight States have not provided those mous consent that the resolution be The PRESIDING OFFICER. The Sen- protections—eight States. Eight States agreed to, the motion to reconsider be ator’s time has expired. have not done that. laid upon the table, and that any state- Mr. KENNEDY. I ask unanimous con- We were all around here at the time, ment relating to the resolution appear sent for 5 more minutes. Republicans and Democrats alike, com- at the appropriate place in the RECORD. The PRESIDING OFFICER. Without mending ourselves about how we en- The PRESIDING OFFICER. Without objection, it is so ordered. forced that and protected the mothers, objection, it is so ordered. Mr. KENNEDY. Mr. President, this is and we have this. The list goes on. We The concurrent resolution (S. Con. the exact quote: will have more of a chance to go into Res. 87) was agreed to as follows: Moreover, in enacting HIPAA, Congress this in greater detail on the morrow. S. CON. RES. 87 may not have anticipated that certain But I hope that our colleagues will at States would choose not to implement and least take the time to review the excel- Resolved by the Senate (the House of Rep- enforce its provisions and would instead resentatives concurring), That, in the enroll- lent letters that have been sent to ment of the bill (S. 419) to provide surveil- place that responsibility in the hands of the them this afternoon that indicate federal government. This is now the situa- lance, research, and services aimed at pre- tion in Missouri, Rhode Island and Califor- strong opposition to the Nickles vention of birth defects, and for other pur- nia. The Federal Government has new and amendment by the leaders in the men- poses, the Secretary of the Senate shall significant responsibilities to protect con- tal health community, in the disability make the following corrections: sumers in these States. Fulfilling these re- community, as well as in other groups (1) In section 1 of the bill, strike ‘‘1997’’ and sponsibilities will require significant Federal that are most affected. We will have insert ‘‘1998’’. resources. others to refer to tomorrow, Mr. Presi- (2) In section 2 of the bill: (A) In subsection (d) of section 317C of the This is not HCFA, this is not the Sen- dent. Public Health Service Act (as proposed to be ator from Massachusetts. These are the I hope that we will, if we are serious amended by such section 2) strike ‘‘1998’’ and commissioners of the States that have about this issue—and I believe that we insert ‘‘1999’’. indicated that HCFA would need addi- are—at least give the opportunity for (B) In subsection (f) of section 317C of the tional funding to make sure that the the enforcement of these rights and Public Health Service Act (as proposed to be Kassebaum-Kennedy legislation to pro- protecting these families from the amended by such section 2) strike ‘‘1998’’ and tect portability for those individuals kinds of discrimination which has all that follows through ‘‘2001’’ and insert who have preexisting conditions would taken place. ‘‘1999, $40,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fis- be implemented. I will go through tomorrow again cal years 2001 and 2002’’. Wisely, the chairman of our commit- briefly some of these stories, real life tee asked the GAO to do a report on stories with real life families that had f how this program was going. The GAO some tragic experiences that moti- report made the recommendations vated us into making this change with ORDER FOR STAR PRINT—S. 1638 which the Appropriations Committee Senator Kassebaum. I will go through Mr. ENZI. Mr. President, I ask unani- has followed in terms of the allocation those tomorrow, Mr. President. We mous consent that S. 1638 be star print- of resources. It is only $16 million, Mr. were trying to remedy the kinds of ed with the changes now at the desk. President—and the most important as- harsh experiences that took place and The PRESIDING OFFICER. Without pect of that provision is the $6 million devastatingly wiped out different fami- objection, it is so ordered. which HCFA has related to the enforce- lies. I will have an opportunity to go ment provisions. The others, I think, through them in some detail on tomor- f are desirable to make the program of row. Administration proceed more effi- So, Mr. President, we are looking for- ORDERS FOR THURSDAY, MARCH ciently, effectively. We are going to be ward to the continued debate on this 26, 1998 faced tomorrow, or at least sometime, issue. This is a very, very important Mr. ENZI. Mr. President, I ask unani- with the amendment of the Senator matter. We are not going to take it mous consent that when the Senate from Oklahoma to effectively wipe out lightly. We are all in favor of moving completes its business today, it stand that Federal enforcement. this legislation forward and having a in adjournment until 9:30 a.m. on S2586 CONGRESSIONAL RECORD — SENATE March 25, 1998 Thursday, March 26, 1998, and that im- priations bill with the 50 minutes re- hoped that an agreement can be mediately following the prayer, the maining on the Enzi amendment to worked out. routine requests through the morning begin at 10 a.m. Following the vote on Also, the Senate can be expected to hour be granted, and the Senate re- that amendment, the leader antici- consider the Mexico decertification sume consideration of S. 1768, the pates final action on the IMF amend- bill, which under the statute has a lim- emergency supplemental appropria- ment No. 2100, which would therefore itation of 10 hours. Therefore, votes tions bill. leave the Nickles HCFA amendment will occur throughout Thursday’s ses- The PRESIDING OFFICER. Without and the others on the leader’s list as sion of the Senate, with the first vote objection, it is so ordered. the only outstanding issues remaining occurring at 10:50 a.m. on Thursday. Mr. ENZI. Mr. President, I further before the concluding action on the f ask unanimous consent that the vote emergency supplemental appropria- occur on or in relation to the Enzi ADJOURNMENT UNTIL 9:30 A.M. tions bill. amendment at 10:50 a.m. TOMORROW The PRESIDING OFFICER. Without As a reminder to all Members, the Mr. ENZI. Mr. President, if there is objection, it is so ordered. second cloture vote on H.R. 2646, the no further business to come before the f Coverdell A+ education bill, was post- Senate, I now ask unanimous consent poned and could occur at a time to be that the Senate stand in adjournment PROGRAM determined by the majority leader if an under the previous order. Mr. ENZI. Mr. President, tomorrow agreement cannot be reached. As al- There being no objection, the Senate, the Senate will resume consideration ways, all Members will be notified as to at 7:33 p.m., adjourned until Thursday, of the emergency supplemental appro- when that vote will occur. It is still March 26, 1998, at 9:30 a.m. March 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E463 EXTENSIONS OF REMARKS

U.S. FOREST SERVICE POLICY tration for its forest policies. She referred to ON THE PASSING OF FATHER a recent Washington Post article about a ORESTE PANDOLA OF BALTIMORE HON. RICK HILL Forest Service communication plan to pro- mote its agenda. ‘‘It’s a detailed strategy on OF MONTANA HON. NANCY PELOSI how to manipulate the media and everyone IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA else to get support for the administration Wednesday, March 25, 1998 policies over the next eight months,’’ the ar- IN THE HOUSE OF REPRESENTATIVES Mr. HILL. Mr. Speaker, something has gone ticle stated. Wednesday, March 25, 1998 haywire at the U.S. Forest Service. The article quotes the plan as proposing to Ms. PELOSI. Mr. Speaker, I rise to pay trib- In published news reports, and in testimony have Service Chief Mike Dombeck traveling ute to a truly great pastor and great person, before the House Resources Subcommittee to spectacular forest fires to gain media cov- Father Oreste ``Rusty'' Pandola, who has been on Forests and Forest Health, it is clear that erage. chosen to receive the Thomas D'Alesandro, the agency is pursuing forest policies which ‘‘We now have seen a copy of Chief Jr. Award for 1998. This award is named for are driven by politics and public relations rath- Dombeck’s PR plan which was reported in my late father, who served as a long time er than science and common-sense. I have to the press,’’ Chenoweth told the hearing. Mayor of Baltimore and as a Member of the agree with subcommittee Chairman HELEN ‘‘After reading it, I am left to question, U.S. House of Representatives. It is presented CHENOWETH of Idaho that the Forest Service's Where does the Forest Service get the legis- annually by the Little Italy Lodge to an individ- top-down policies have more to do with the lative authority to manipulate the press and ual who has made an outstanding contribution 2000 presidential campaign than responsible others to promote their agenda? ’’ she asked. to Baltimore's Italian-American community. national forest management. ‘‘I am also left to wonder where Chief Just a few days before his untimely death What has been recently imposed in our for- Dombeck gets the legislative authority to on January 17th, 1997, Rev. Oreste Pandola, ests is a moratorium on management. The use this once proud agency—and I stress SAC, known to everyone in St. Leo's as ``Fa- hands of local forest managers have been once proud agency—to take ‘every oppor- ther Rusty,'' was asked what he would like in- tied. Combined with the recent weather trends tunity to tie with the vice president’s Clean scribed on his tombstone. Always ready with a in my home State of Montana, this lack of Water Initiative and indeed provide a media witty reply, he answered, ``Well, I put an eleva- local management is a recipe for disaster dur- event for the VP? ’ ’’ Chenoweth said, tor in the church and another one in the ing this upcoming fire season. quoting from the plan. school. How about, `Going up!' '' With that, he A recent article in the newsletter Conserva- She claimed that, ‘‘rather than protect the laughed heartily and made his familiar tion News (March 23, 1998) entitled ``Sports- forest environment, Chief Dombeck has al- thumbs-up sign. men being excluded from public lands, House lowed the Forest Service to be used as a tool Although he had been suffering a constant panel is told'' is a clear example of the emerg- of the Clinton-Gore Administration to gain battle against the debilitating effects of diabe- ing agenda of the Clinton/Gore Administration partisan political advantage and promote tes, little did anyone realize how soon after- and how they are using our forests in the most Vice President Gore’s presidential aspira- ward, those words would come to fruition. Fa- cynical way possible. tions. ther Rusty was only 54 when he died of a SPORTSMEN BEING EXCLUDED FROM PUBLIC ‘‘This blatant use of the Forest Service for heart attack. He had been pastor of St. Leo's LANDS, HOUSE PANEL IS TOLD strictly partisan political purposes will not for eight years. One parishioner summed up CHENOWETH HITS ‘MEDIA MANIPULATION’ PLAN be tolerated,’’ Chenoweth said. ‘‘It is un- his leadership by saying, ``He affected the par- Sportsmen are increasingly being denied thinkable to utilize catastrophic fire and the ish unlike anyone we've had in the past. His the right to enter public lands, Safari Club resulting devastation to human life and the open friendship, his demeanor, his confidence. International told a House subcommittee environment for partisan political gain and He could get people to do things for the last week. to promote Vice President Gore’s presi- church.'' Before the U.S. Forest Service is permitted dential aspirations.’’ He was a priest who saw the needs of his to pursue its planned moratorium on forest road construction, Congress should require The Safari Club’s Marlenee suggested a community beyond the religious aspects, al- that the agency publish a list of all road hidden agenda in the roads proposal. ‘‘In an though he certainly was a wonderful shepherd closings in the last 10 years, the group told effort to further justify road closures, the of his flock. He never let personal health prob- the forest and forest health subcommittee. Forest Service implies that hunting in the lems get in the way of his pastoral duties. ‘‘We want to insure that this new effort forest system is having negative impact on After injuring his shoulder in a fall while at- does not further erode an already diminish- wildlife,’’ he testified. ‘‘They contend that tending a meeting in New Jersey, he cele- ing access to recreational opportunity on access has led to ‘increased pressure on wild- brated Mass with his left arm in a sling. public lands,’’ said Ron Marlenee, Safari life species from hunters and fishers,’ ’’ he Father Rusty enjoyed life, Italian foodÐes- Club’s government affairs consultant. ‘‘In- creasingly, sportsmen are coming up against said, quoting an agency notice. pecially pastaÐand cream donuts, laughed pole gates, gates, barriers and ‘no motorized ‘‘My experience has been that the Forest loud at a good jokeÐeven at his own ex- vehicles’ signs when they arrive at the edge Service consults extensively with state wild- penseÐand was not afraid to try new things of public property,’’ he told a hearing. life agencies and that the jurisdiction of such as para-sailing. The hearing was the second in two weeks wildlife and hunting is primarily a state One of his major achievements was the ren- to consider the Forest Service’s proposal to right and responsibility,’’ Marlenee contin- ovation and subsequent re-opening of the impose an 18-month moratorium on the con- ued. church school, closed in 1980, as an adult struction of roads in so-called ‘‘roadless’’ learning center. A man of vision, he saw a areas. The scheme has drawn angry protests ‘‘Because the Forest Service allegation ap- from westerners, with several congressional pears in their public document, because it building wasting away and he saw many of chairmen threatening to slash the Service’s impugns the role of hunting in conservation, the more senior residents of the Little Italy 1999 budget (See Conservation News, March and because it denigrates the capability of community with idle time and idle minds. He 9, page 1). state wildlife management, I would suggest gave birth to the Adult Learning Center, which The focus of last week’s hearing was H.R. this committee require the Forest Service to today bears his name and is in its third year 3297, which would suspend the continued de- name even one state wildlife agency that is and growing. velopment of a roadless area policy by the not fulfilling (its) obligations. We know of Father Rusty had a reputation of being in- Service until public hearings are conducted volved in activities and interests that went be- on all Forest Service units nationwide. As of none and resent the fact this ill-thought-out late last week, the measure had 24 co-spon- statement is being used to justify closure yond his duties as pastor. He was compas- sors. considerations that could be harmful to sionate, understanding and optimistic. To him, Subcommittee Chairman Helen Chenoweth sportsmen and to wildlife management,’’ he no task was to great. Being happy all the time (R–Idaho) again blasted the Clinton Adminis- said. and being positive in his assessment of things

∑ 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. E464 CONGRESSIONAL RECORD — Extensions of Remarks March 25, 1998 seemed to be natural qualities. ``Piece of THE DO-NOTHING CONGRESS done on a code of conduct for the managed cake,'' he would say to someone who felt that care industry and increased support for child a task was too great. ``Hang in there.'' care. HON. LEE H. HAMILTON All of which is not to say that there aren’t Born and raised in New York, he was or- OF INDIANA any high-stakes battles ahead in the remain- dained a priest in the Pallotines of the Immac- IN THE HOUSE OF REPRESENTATIVES der of the legislative year. Education will be ulate Conception Province in Brooklyn, NY in Wednesday, March 25, 1998 one. Members of Congress are very much aware that across the country parents and 1969, seven years after entering the order. He Mr. HAMILTON. Mr. Speaker, I insert my business leaders want more done to improve served as chaplain and teacher of religion at Washington Report for Wednesday, March 25, the quality of education. Congress has before Bishop Eustace Preparatory School in 1998, into the CONGRESSIONAL RECORD. it competing proposals, including more fund- Pensauken, NJ, in 1969. Father Rusty came ing for repairing and modernizing schools, THE DO-NOTHING CONGRESS to Baltimore in the 1970's, serving as vocation increasing the number of teachers, providing 1965, my first year in Congress, was ex- director and novice master for his order. He more money directly to states through block traordinary in its legislative accomplish- grants, tax-free savings accounts, voucher also was the director of the Pallotine Seminary ments. In that year Congress enacted Medi- programs, and additional money for teacher in Hyattsville, MD, and he also served for a care, aid to education, and voting rights leg- education. Some significant education legis- time as a Provincial Superior of the Pallotine islation, just to name a few examples. lation is a real possibility in this Congress. Fathers. 1998, my last year in Congress, has been ex- There is strong interest in taxes. There is traordinary so far for the opposite reason. talk of a flat tax or a national sales tax or Cardinal William Keeler, Archbishop of Balti- Each week, Congress wants to get out of eliminating the current tax code, and, of more, called him ``a truly great pastoral leader. town as quickly as it can, come back as late course, a long list of tax cut proposals. But He spoke to the people in a way which was as possible and spend a minimal amount of it is quite clear that Congress will not enact at once witty and humorous and also quite time in session. The legislative schedule for comprehensive tax reform this year. profound.'' Reflecting on his avid reading, the this year calls for Congress to meet for fewer Expanding health care coverage for those than 90 days—including Mondays and Fri- Cardinal added, ``If I had to name one person approaching retirement age and regulating days, when virtually no real business gets HMOs will certainly be seriously considered, who was knowledgeable about the Bible, who done. That’s the shortest schedule in history. as will child care initiatives. There is also a was in tune with today's current problems and At this time, Congress has only about 50 seri- lot of concern in Congress about values. was compassionate, it was Father Rusty.'' ous legislative days remaining before it ad- Many bills have been introduced to address journs in October. The biggest bill enacted so Rev. Peter Sticco, SAC, the Pallotine Pro- this concern, including bills to crack down far was the renaming of Washington Na- on drunk driving, to discourage smoking, to vincial at the time, told the mourners in his eu- tional Airport in honor of Ronald Reagan. ban online gambling, and to restrict access logy, ``He was your pastor, he was your hero, Congress is doing a bare minimum to get to pornography on the Internet. The values he was your friend.'' by. Members feel that the less we do here the concern is also reflected in debates on re- better. They want to go home more often to The Rev. Oreste Pandola, SAC, is a worthy vamping the bankruptcy laws and even on remind the public of their accomplish- providing new money for the IMF. recipient and exemplifies the great spirit of ments—most notably, last year’s balanced There is, of course, a lot of debate on what Thomas D'Alesandro, Jr. in whose name this budget agreement—and want to avoid the to do about a possible federal budget surplus. award is presented. high-profile errors of the recent past, like Some want to return the money to the tax- the government shutdowns in 1995 and 1996 payers, others want to spend the money on f and the delay in passing a disaster relief bill highways and bridges, others want to put the for flood victims last year. money toward Social Security reform. So far, the ‘‘recess strategy’’ employed by IN HONOR OF GEORGE AND HELEN CONCLUSION the congressional leadership seems to be DUDAS working. For the first time in 25 years, a ma- Members frequently comment that the jority of Americans approves of the way Con- populist anger that dominated the political gress is doing its job. Congress, one of the environment in the early 1990s is on the HON. DENNIS J. KUCINICH most criticized institutions in America, has wane. We do not construe that as being a rarely gotten above a 40% job approval rat- newfound, overwhelming respect for Wash- OF OHIO ing in recent years. Today it’s at 56%. The ington, but it does reflect contentment with the status of the economy and a growing IN THE HOUSE OF REPRESENTATIVES standing joke here is that Congress is never more popular than when it is in recess. There feeling that politics is irrelevant to the lives Wednesday, March 25, 1998 isn’t any doubt that the nation’s soaring of most people. Public approval of Congress economy and the mellow political mood in is hardly sky high but it has been consist- Mr. KUCINICH. Mr. Speaker, I rise today to the country have contributed to these high ently higher in 1997 and 1998 than at most ratings, but it’s also true that voters are times in the previous decades. honor the anniversary of the marriage of One of the positive things about the George and Helen Dudas fifty years ago, May pleased with the balanced budget agreement and this year’s anticipated budget surplus, present mood is that Congress is focusing 22, 1948. These two people truly exemplify a and those two achievements will certainly more on governance rather than simply rhet- bond that can stand the test of time. define this 105th Congress. When people feel oric, which marked, for example, much of the early 1995 period. I really do not think George and Helen Dudas entered the cov- better about the performance of government it helps everybody in the government. the American people are telling us to do enant of marriage at a time when the future nothing. I think they want us to focus on the was uncertain. World War II had just con- OUTLOOK areas that are very tangible to them: health cluded, an economic boom was prevailing Much of the remaining time is going to be care, education, child care. What they are taken up with measures that simply have to telling us is to work together and to avoid over the nation, and two young persons chose be passed, like the budget and the appropria- to take the first step on a long and successful producing bad legislation. tion bills, and very popular legislation, like This Congress is not going to make any big life together. Their marriage saw many events the highway bill. waves. But Congress can do a lot in a short in its fifty years, both joyous and challenging, The parties are at loggerheads over a long time when it wants to, and I would expect that strengthened their bond and their love for list of major issues including a minimum the pace of activity in Congress to pick up in each other. wage increase, education initiatives, cam- the next months. paign finance reform, Medicare expansion, George and Helen Dudas have clearly tax policy, and the terms of any new funding f maintained a close bond with each other that for the United Nations and the International Monetary Fund (IMF). In addition, some of HONORING ROSA AND CARLOS DE has survived the test of half a century. Their LA CRUZ marriage covenant, a beacon for all of us in the legislative possibilities have already been foreclosed. There will not be a cam- these unstable times, exhibits a true love for paign finance bill this year, must to my dis- HON. ILEANA ROS-LEHTINEN each other and an ability to cope with the tress. It is unlikely there will be a signifi- OF FLORIDA tests of marriage. cant environmental legislation, and it’s be- IN THE HOUSE OF REPRESENTATIVES My fellow colleagues, join me in saluting ginning to look now as if we will not address the long-term problems of financing Social Wednesday, March 25, 1998 George and Helen Dudas, two fine persons Security and Medicare. Those items will not who have maintained a loving and devoted re- be taken up until the next Congress, if then. Ms. ROS-LEHTINEN. Mr. Speaker, Cuban lationship for fifty years and we hope for fifty The tobacco legislation is very much in patriot Jose Marti said: ``Talent is a gift that more. doubt and a great deal of work needs to be brings with it an obligation to serve the world, March 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E465 and not ourselves, for it is not of our making.'' and James R. Smith, Ph.D., as co-principal in- IN HONOR OF COMDR. RICHARD R. I would like to recognize Carlos and Rosa de vestigator. In 1988, the Honorable Roy M. and UZL, JR. la Cruz for giving of themselves to the better- Phyllis Gough Huffington endowed the pro- ment of the community and utilizing their tal- gram to establish the Roy M. and Phyllis HON. DENNIS J. KUCINICH ents to help those in our community who have Gough Huffington Center on Aging. OF OHIO been less fortunate. I am pleased to congratu- IN THE HOUSE OF REPRESENTATIVES The Center facilitates and coordinates inter- late the de la Cruz' for having recently been Wednesday, March 25, 1998 honored with the Simon Wiesenthal Award for departmental research and initiates its own re- Community Service. search studies in areas including cell and mo- Mr. KUCINICH. Mr. Speaker, I rise to honor The Simon Wiesenthal Center recognizes lecular biology of aging, adrenal cell biology, Commander Richard R. Uzl, Jr. for his years South Florida residents who have exhibited a aging of the skin, control of gene expression of devoted service to the Veterans of Foreign spirit of true commitment and leadership in in cellular senescence, the aging cardio- Wars of District 7 and to his country. Com- mander Uzl exemplifies the American spirit at their community. After having been forced to vascular system, health care outcomes re- flee communist aggression in Cuba in 1960, the highest level. search, and ethical issues in acute and long- A native Clevelander, Commander Uzl at- the de la Cruz' moved around the country, fi- term care settings. nally settling in Miami in 1975. Since then they tended local schools and graduated from have dedicated their efforts to improving the The Center's educational opportunities in- James F. Rhodes High School in January, accessibility and quality of educational and so- clude courses and seminars in the basic and 1963. Commander Uzl then made a crucial cial services available to our South Florida clinical sciences for clinical practitioners, stu- decision in his life: to serve in the armed youth, as well as bringing awareness and ap- dents, trainees, faculty, staff, and health pro- forces of the United States. During a tumul- preciation for the arts. fessionals, as well as continuing medical edu- tuous time when the profession of serviceman was not exactly glamorous, Commander Uzl While dedicating tremendous time and effort cation courses. The Center sponsors courses sacrificed his immediate future to serve his na- to our community's youth, they are also suc- for medical students, geriatric medicine clinical cessful business owners. As board members tion in its armed services. He joined the U.S. rotations for medical residents, and an accred- Air Force in February, 1963 and served four for various foundations, they have also con- ited Geriatric Fellowship Training Program. tributed to furthering the work of such wonder- years in the Air Force until his discharge in ful institutions as the Dade Community Foun- Clinical faculty and trainees provide patient 1967. He served as an aircraft mechanic, dation, the Performing Arts Foundation of care to older persons through the Geriatric earning leadership position while serving in Greater Miami, and the United Way where Medicine Associates of Baylor College of Med- two world hotspots: Korea and Vietnam. After leaving the Air Force, Commander Uzl they were honored with the 1997 Alexis de icine at Smith Tower and the Methodist Hos- chose to continue his education and earned Tocqueville Award for community service. pital; the Houston Veterans Affairs Medical two degrees from Applied Technology in They have been an inspiring force in improv- Center; and several hospital and community Cleveland. However, Commander Uzl contin- ing the quality of life for many South Florida long-term care facilities. ued his association with our nation's armed residents. During its short history, the Huffington Cen- services by becoming a charter member of f ter on Aging has produced some important re- ``Old Brooklyn'' VFW Post No. 10228 in 1988. HONORING THE HUFFINGTON CEN- search breakthroughs. Center researchers Named Post Commander in 1991, Uzl worked TER ON AGING AT BAYLOR COL- cloned a gene critical for control of cell pro- his way through the ranks of County VFW of- LEGE OF MEDICINE liferation, creating opportunities for treating fices, serving on numerous committees and certain conditions associated with aging, in- administering the district Voice of Democracy HON. KEN BENTSEN cluding cancer. The Center's computer experts program for patriotic youth. Currently, Com- mander Uzl is the District 7 Commander of the OF TEXAS and faculty developed a hypertext module for geriatric education of health professionals that Veterans of Foreign Wars. IN THE HOUSE OF REPRESENTATIVES My fellow colleagues, join me in saluting a has been nationally judged the most wanted Wednesday, March 25, 1998 model American who has defended his coun- new education tool in geriatrics. The Center Mr. BENTSEN. Mr. Speaker, I rise to honor try and continued Americanism and patriotism has also been widely praised for creating one the Roy M. and Phyllis Gough Huffington Cen- by serving with the VFW, Commander Richard of the most successful community programs ter on Aging at Baylor College of Medicine as R. Uzl, Jr. the center celebrates its tenth anniversary on on health issues of importance to older f women. April 7, 1998. The anniversary celebration will SALUTING AMBASSADOR TO highlight the breakthrough research on aging For its man successes, the Huffington Cen- IRELAND JEAN KENNEDY SMITH conducted by the Center's internationally re- ter on Aging has been named a national Cen- nowned scientists, as well as the contributions ter of Excellence in Geriatrics by the John A. HON. PETER T. KING that older Americans can and do make Hartford Foundation, Inc., of New York. As throughout their lives. OF NEW YORK such, the Huffington Center on Aging has the IN THE HOUSE OF REPRESENTATIVES The Huffington Center on Aging is commit- mandate to train the future national leaders in Wednesday, March 25, 1998 ted to addressing the needs of an aging popu- geriatrics and gerontology. Baylor College of lation by providing medical education and Medicine has committed substantial additional Mr. KING. Mr. Speaker, I rise today to sa- training, conducting basic and clinical science resources to the Center and the Huffington lute our Ambassador to Ireland Jean Kennedy research, and delivering health care through Smith. Ambassador Kennedy Smith has an- family and other supporters of the Center con- Baylor College of Medicine-affiliated hospitals nounced that she will be leaving Dublin this and other institutions. In just 10 years, the tinue to be generous in their support. As a re- year, completing a remarkable diplomatic ca- Center has grown to national and international sult, the Center's educational programs em- reer in Ireland. stature in all of these areas, becoming one of brace virtually all the health professions Under her leadership, the U.S. asserted its the premier centers on aging in the world. trained in the Texas Medical Center and allied moral leadership and began to take an active The Center's history dates to 1980, when institutions and extend widely throughout the role in the Irish peace process. Ambassador Robert J. Luchi, M.D., current Director of the state of Texas. The alliance between the Huff- Jean Kennedy Smith deserves much of the Huffington Center on Aging, established a ington Center and the Methodist Hospital is credit for helping to bring about the best op- Geriatric Evaluation Unit at the Houston Veter- breaking new ground in the delivery of superb portunity for a just and lasting peace in Ireland ans Affairs Medical Center (VAMC), a Baylor- patient care to the elderly. in more than 75 years. affiliated institution. As needs grew, the pro- Jean Kennedy Smith is beyond all doubt the gram and staff increased with support from the Mr. Speaker, In congratulate the Huffington most active, dynamic and effective U.S. Am- VAMC and Baylor's Department of Medicine. Center on Aging at Baylor College of Medicine bassador in our entire history of diplomatic re- In early 1987, Baylor College of Medicine for ten years of excellence and innovation in lations with the Republic of Ireland. She will committed funds to create the Baylor Program improving the quality of life for older people, be missed and it will be extraordinarily difficult in Aging, and the National Institute on Aging and I look forward to even greater successes to fill her shoes. I am proud to have worked awarded a Geriatric Leadership Academic as they work to ensure healthier lives for older closely with Ambassador Kennedy Smith and Award to Dr. Luchi as principal investigator Americans in the 21st Century. even more to call her my friend. E466 CONGRESSIONAL RECORD — Extensions of Remarks March 25, 1998 Mr. Speaker, I submit an editorial analysis puted hegemony over Irish issues crumble. Mr. Wong was born in China in 1919, and of Ambassador Kennedy Smith's remarkable Events and history will prove her right in came to the United States in the 1940's to legacy from the Irish Voice newspaper. that debate. study at New York University. His heart, how- The greatest send-off she could now receive [From the Irish Voice, Mar. 18–24, 1998] would be another visit from the President to ever, was never far from his homeland, and inspired by the freedoms he enjoyed in this TIME TO RETHINK U.S. EMBASSY ROLE Ireland as part of a successful conclusion to country, he returned to China to become the The announcement that U.S. Ambassador the peace process. It is the least Jean Ken- to Ireland Jean Kennedy Smith will be leav- nedy Smith deserves after such an impres- editor of a Chinese newspaper. His return ing her post this summer brings to an end sive term of office. would not be an easy one. The Chinese Com- the most extraordinary chapter yet in Irish f munists were in control, and his ideas for a and American diplomatic relations. free and open society ran counter to the pre- She will be greatly missed, not just for her A LIFETIME ACHIEVEMENT TO vailing powers. In 1957, Communist Party offi- contribution to the peace process but for her SERVICE DEDICATION TO MR. cials had him arrested for his pro-democracy overall energy and commitment to improv- FRED QUELLMALZ position and advocacy for human rights. He ing understanding and links between Ireland was sentenced to three years in a re-edu- and America. There will likely never be another ambas- HON. WILLIAM O. LIPINSKI cation forced labor camp. sador like Kennedy Smith, who played such OF ILLINOIS After his release from prison, Frank Wong a crucial role in the Irish peace process and IN THE HOUSE OF REPRESENTATIVES came back to the United States. Despite his redefined the American/Irish diplomatic re- hardship, his belief in the freedom of the Wednesday, March 25, 1998 lationship in a way that has transformed human spirit could not be shaken. He re- that office forever. Mr. LIPINSKI. Mr. Speaker, I would like to mained committed to the principles of democ- Indeed, the major question following her take this time to honor an outstanding individ- racy and human rights in China. The Chinese departure should be whether it is now time ual on his service to the success of citizen di- Democracy Education Foundation is dedicated to institutionalize what she has put in plomacy, Mr. Fred Quellmalz. Mr. Quellmalz place—the acceptance that the U.S. ambas- to promoting these values, and since its incep- sador in Dublin plays as important a role in has been dedicated to service with the Sister tion has given out 40 awards to individuals Northern Ireland affairs as does the Amer- Cities International for the past 40 years. and groups which have worked towards ican envoy in London. In 1956, Mr. Quellmalz and a select group achieving these goals. It has always exclusively been the purview of people met with President Dwight D. Eisen- As one who had the privilege of working of the London ambassador to report on and hower at the White House to discuss a peo- with Frank, I was always impressed by his deliver assessments on Northern Ireland to ple-to-people citizen diplomacy program. This courage, dedication to democratic ideals and the Secretary of State and the President. program grew and became Sister Cities Inter- his gentle manner. It is with great regret and Just how flawed some of those assessments national. Mr. Quellmalz has been an active can be was highlighted by the recent mem- respect that I extend my deepest sympathy to oirs of former U.K. ambassador Raymond member of this program for the past 40 years Frank's wife, his children Eric and Joyce and Seitz, whose total involvement was to visit and has helped to get people in the commu- his five grandchildren. Northern Ireland once in a British army heli- nity involved with citizen diplomacy. copter before sending back his ‘‘insights.’’ He On April 18, 1998 the Illinois Chapter of Sis- f refused to meet SDLP leader John Hume on ter Cities International will honor Fred RED RIBBON WEEK IN BYRON that trip, which surely endeared him to mod- Quellmalz with the Lifetime Achievement DISTRICT #226 erate Nationalist supporters. Award for his outstanding dedicated service to At a time when the Irish government is the people in the community and to the life of likely to have a larger say in the affairs of HON. DONALD A. MANZULLO the North, it seems fitting that the U.S. am- the citizen diplomacy program. Mr. Quellmalz bassador in Dublin should have significant not only watched the program grow, but was OF ILLINOIS input into State Department decision mak- actively involved in its progress. In fact, Mr. IN THE HOUSE OF REPRESENTATIVES ing, and that it should not again revert to Quellmalz was founder of two chapters in Illi- Wednesday, March 25, 1998 being the sole concern of the U.S. ambas- nois, the Des Plaines and the Illinois State sador in Britain. Chapter, as well as Treasurer for both organi- Mr. MANZULLO. Mr. Speaker, I am proud There is also a need to keep a high caliber zations. today to commend the efforts of the families, ambassador in Dublin such as Kennedy I would like to extend my very best wishes students, parents, and teachers of the commu- Smith. Proximity to the President matters nities of Byron, Mt. Morris, Oregon, and most in such appointments, and there were to Mr. Fred Quellmalz on his achievements with Sister Cities International as well as his Stillman Valley, Illinois, as they launch this few closer than Senator Edward Kennedy and year's celebration of Red Ribbon Week, from his sister to Bill Clinton. dedicated community service. Before Kennedy Smith the occupants of f March 30 to April 3. I extend a special thanks the position tended to be elderly, well-heeled to Randy Vavra, his co-workers, and the many gentlemen—appointed mainly in return for THE PASSING OF FRANK WONG others involved in planning drug awareness financial contributions—who coasted for a activities for assisting in the coordination of few years in Dublin before retirement. The HON. NANCY PELOSI this week. The significance of Red Ribbon notion of Dublin as a sleepy backwater took OF CALIFORNIA Week and its impact on the young people in hold, encouraged no doubt by those in the our communities is crucial to getting out the State Department who viewed Northern Ire- IN THE HOUSE OF REPRESENTATIVES message that drug use destroys lives. land as a problem for the London embassy to Wednesday, March 25, 1998 deal with. The Red Ribbon Campaign is a national ef- The notoriously pro-British slant in the Ms. PELOSI. Mr. Speaker, I rise to mourn fort organized to commemorate federal agent State Department also extended to many in the passing of a great American, a man dedi- Enrique Camarena, who was tortured and their Dublin embassy, a fact which caused cated to the democratic principles that are at murdered by drug traffickers in February 1985. Kennedy Smith no amount of problems. It is the very foundation of our country. Frank In his memory, the Red Ribbon has become time that the embassy there reflected the Wong died on March 9th after suffering a a symbol recognizing volunteers and profes- importance of the Irish issue to the U.S., and stroke. He was 79. sionals working in the field of drug and vio- also that Northern Irish specialists be ap- pointed to Dublin. Mr. Wong founded the Chinese Democracy lence prevention, drug demand reduction, law Kennedy Smith has certainly made a start Education Foundation in San Francisco 13 enforcement, and treatment. These efforts are on this. Despite her lack of experience on years ago and was instrumental in coordinat- supported by schools, churches, media, law Irish issues she entered the minefield of ing protests and other activities in the Bay enforcement agencies, business, and govern- Northern Ireland and emerged not only un- Area after the 1989 Tiananmen Square mas- ment. scathed but triumphant. At several critical sacre of pro-democracy demonstrators in Bei- Although Red Ribbon Week is normally rec- moments in the peace process—most notably jing. He was instrumental in the effort to bring ognized in October, this year Byron and near- when the visa issue for Gerry Adams was the Goddess of Democracy, a replica on the by communities have moved the celebration to being debated—she showed leadership and courage and withstood the slings and arrows statue created by the student protesters, to the spring in order to bring in internationally of her opponents, many of whom worked Portsmouth Square in Chinatown soon after renowned drug prevention speaker Milton through the British press to malign her. the massacre. He also hosted many of the Creagh. Mr. Creagh sports an impressive re- She had her share of critics in the State student dissidents who came to the United sume of professional and community activities Department too, who saw their long undis- States as political refugees after the tragedy. for which he has received many honors and March 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E467 awards. In addition to Mr. Creagh's appear- we must live by daily. Deceit, ugliness, and than $1 billion in back dues to the United ance, the district is planning a variety of stu- hatred are three basic elements of evil that Nations. Failure to do so will undermine dent activities, as well as a drug and alcohol we must recognize but never practice. All critical U.N. operations in peacekeeping and thoughts of Truth, Beauty, and Love secrete development and further diminish U.S. influ- awareness inservice for all district staff. a positive brain substance, Beta Endorphin, ence in the world organization. I fully support the Red Ribbon Campaign for our better health and happiness, but Complicating the administration’s task is and the work of everyone involved. Drug thoughts of deceit, ugliness, and hatred se- a new and fallacious idea that has been ac- awareness and prevention begin with families crete a natural negative brain substance, cepted by many members of Congress; that and communities, so I congratulate the people adrenaline, which leads to stress that can the United States has no legal obligation to of Byron, Mt. Morris, Oregon, and Stillman cause fatal diseases. Everyone is born to be pay its U.N. debts. Last fall the Senate For- Valley as they put together Red Ribbon Week. happy with each breath of life. We all de- eign Relations Committee declared that the Your work will further the goal of eradicating serve the most joyful social environment for U.N. Charter ‘‘in no way creates a ‘legal obli- absolute global happiness. The foundation gation’ on the United States Congress to au- the scourge of drugs that threatens our chil- for a happy society is perfect human char- thorize and appropriate’’ the money to pay dren and will direct them along a path to a acter, exercising true freedom approved by the dues. In justification, the committee brighter future. the one’s conscience, and never practicing wrote: ‘‘The United States Constitution f false freedom licensed by selfish animal in- places the authority to tax United States stinct. People of the 3rd Millennium must be citizens and to authorize and appropriate A VISION FOR THE THIRD perfect human beings, defined by never mak- those funds solely in the power of the United MILLENNIUM ing mistakes knowingly, harmful to none, States Congress.’’ and beneficial to all. Therefore, as a martial These statements reflect a dangerous mis- artist, I must first develop a perfect body as understanding of the relation between inter- HON. BOB LIVINGSTON the temple for a perfect mind. national law and domestic law. OF LOUISIANA An ideal human being is one who has The U.N. Charter is a treaty that legally IN THE HOUSE OF REPRESENTATIVES achieved a balanced education consisting of binds us as it does other U.N. members. Of three basic human qualities—Knowledge in Wednesday, March 25, 1998 course, a treaty cannot override the U.S. the mind, Honesty in the heart, and Strength Constitution. Congress is free as a matter of Mr. LIVINGSTON. Mr. Speaker, I submit to in the body. The purpose of knowledge is to domestic law to violate U.S. obligations the RECORD ``A vision for the 3rd Millennium'' take action, for knowing does not make under international law. by Martial Arts Grandmaster Jhoon Rhee. things happen, but actions always do. All But these truisms do not alter the facts: If parents of the 3rd Millennium must become Grandmaster Rhee has been employing his Congress exercises its constitutional right to teachers for their children, not by words violate a treaty, the United States still has ``Lead by Example Action Philosophy'' for over alone but also by their actions, for children a legal obligation to other countries; and our 50 years as a martial artist, goodwill ambas- are born to learn not only by listening but refusal to live up to our commitments can sador, businessman, citizen, husband, father more by watching deeds of adults. Consistent have legal consequences. and most of all as a teacher of young people. good behavior and spontaneous action come There is no international police force to His philosophy seeks as its goal a healthier, only from skills and good habits. enforce international law, but nations gen- happier society. His tenets of ``knowledge in Three Golden Rules for parents and teach- erally observe their treaty obligations be- the mind, honesty in the heart and strength in ers to help children develop many good skills cause of their desire for reciprocity and fear and habits are: (1) Lead By Example; (2) of reprisal. the body'' are important values that adults Never fail to correct their mistakes with a In 1961, when the Soviet Union refused to should seek to instill in children. And the best smile until good habits are formed; and (3) pay its assessments for the Congo and Middle way to do that is by being a living example of Lead By Example. East peacekeeping operations, Republican those important virtuesÐleading by example. Therefore, I will recite My Four Daily Af- and Democratic members of Congress in- I encourage all Americans to follow Jhoon firmations to reaffirm my daily commitment sisted that the U.S. go to the World Court to Rhee's example of strength, honesty and lead- to achieve 100 years of wisdom in a body of get an advisory opinion that the Soviet ership. 21 year old, as follows: (1) I am wise because Union had a legal obligation to pay. The U.S. I always learn something good everyday; (2) brief of the court, in whose preparation I had A VISION FOR THE 3RD MILLENNIUM I am humanly perfect because I never make a part, stated: ‘‘The General Assembly’s We, the Martial Artists, citizens of the mistakes knowingly; (3) I like myself be- adoption and apportionment of the Organiza- world, hereby declare the ‘‘Lead By Example cause I always take action to make good tion’s expenses create a binding legal obliga- Action Philosophy’’ to the world. We all things happen; and (4) I am happy that I am tion on the part of the member states to pay know that a picture is worth a 1000 words, me because I always choose to be happy. their assessed shares’’ In 1962, the court but we also must know that action is worth Therefore, I am a wise, perfect, active, and agreed with that proposition, and the Gen- a 1000 pictures. The ‘‘Lead By Example Ac- happy center of the universe. eral Assembly accepted it. tion Philosophy’’ is designed to inspire all f Article 19 of the U.N. Charter provides that people to be more enlightened; to ensure ef- a country in arrears of its assessments by fective children’s education for family unity; THE CASE FOR PAYING U.N. DUES two full years shall lose its vote in the Gen- and to promote cultural diversity for univer- eral Assembly. The Assembly in an unfortu- sal harmony. The ‘‘Lead By Example Action HON. LEE H. HAMILTON nate failure of political will, failed to apply Philosophy’’ can be achieved through ‘‘Joy that sanction to the Soviet Union when it OF INDIANA of Discipline’’—a mental and physical exer- became applicable in 1964. Never the less, the cise program that can lead us to achieve ‘‘100 IN THE HOUSE OF REPRESENTATIVES Assembly recently has regularly applied the Years of Wisdom in a Body of 21 Year old’’, Wednesday, March 25, 1998 loss of vote sanction. the foundation for a happy global society. We are not just dealing here with legal The ‘‘Lead By Example Action Philoso- Mr. HAMILTON. Mr. Speaker, I would like to technicalities, but realpolitik in the best phy’’ is a new social awakening campaign for bring to the attention of my colleagues an ex- sense of the word. If nations were free to a perfect global society in the 3rd Millen- cellent op-ed Ambassador Richard N. Gardner treat their U.N. assessments as voluntary, nium. It is not a religion but recognizes a wrote in the March 4th edition of the Los An- the financial basis of the organization would Supreme Intelligence as the origin of life and geles times. quickly dissolve. Some would not mind it if happiness. People constantly move to avoid The article is entitled ``There's more than the U.N.’s financial support unraveled. They pain or to seek joy and comfort. Therefore, politics at stake in unpaid U.N. dues.'' At its do not seem fully to appreciate how impor- the universal purpose of life, unquestionably, heart, the issue is that if the United States has tant the U.N.’s work in conflict resolution, is happiness. The ultimate value for happi- no legal obligation to live up to its treaties and peacekeeping, sustainable development, hu- ness is Love; only Beauty triggers the love manitarian relief and human rights can be emotion; and only Truth beautifies human other international agreements, then the mes- for the United States. heart. sage we send is that any nation is free to vio- If the United States has no legal obligation Therefore, When I am truthful, I am beau- late any commitment made to the United to live up to its treaties and other inter- tiful in heart; When I am beautiful in heart, States or to any other nation. That is not a national agreements, neither do other coun- everyone loves me; When everyone loves me, world in which we should want to live. tries. Then, any country would be free to I am happy. The op-ed by Ambassador Gardner follows: violate any legal commitment it has made to Conversely, When I lie, I am ugly in heart; us, whether to open its domestic market, re- [From the Los Angeles Times, Mar. 4, 1998] When I am ugly in heart, everyone hates me; duce its nuclear arsenal, provide basing for When everyone hates me, I am unhappy. THERE’S MORE THAN POLITICS AT STAKE IN our ships and aircraft, extradite or prosecute Therefore, a truthful way of life is not only UNPAID U.N. DUES terrorists or refrain from poisoning the glob- good, but also wise; a false way is not only (By Richard N. Gardner) al environment. Congress must focus on all wrong, but also foolish. Truth, Beauty, and A top priority for the Clinton administra- of the consequences of its failure to honor Love are three basic elements of Good that tion is to persuade Congress to pay more our U.N. obligations. E468 CONGRESSIONAL RECORD — Extensions of Remarks March 25, 1998 THE UNITED STATES-PUERTO RICO dren without the knowledge of their native lan- truck driver) on the Road?'' My own involve- POLITICAL STATUS ACT—H.R. 856 guage lack. ment on this issue began on August 25th, Bilingualism is an assetÐlet us continue to when I received a letter from one of Ben's HON. NEIL ABERCROMBIE encourage it in Hawaii and also Puerto Rico. classmates, Lester Feder who asked me to OF HAWAII A rich and unique cultural history should not help develop a national database to ensure IN THE HOUSE OF REPRESENTATIVES divide Puerto Rico from the rest of the United that drivers with a history of reckless behavior States. A rich and unique cultural history de- Wednesday, March 25, 1998 and numerous driving violations cannot obtain fines who Puerto Ricans are today. Let us a new license. I very much appreciated Mr. Mr. ABERCROMBIE. Mr. Speaker, I rise pass H.R. 856 and allow Puerto Ricans to de- Feder's letter and his efforts to add meaning today in support of H.R. 856, the United fine who they are and where they want to be to Ben Cooper's death by working to prevent States-Puerto Rico Political Status Act. My de- in the future. a similar tragedy from ever occurring again. cision to support this legislation is based on f As I looked into the tragic circumstances in my experiences in Puerto Rico and as a Mem- more detail, I was shocked to learn how easily ber representing the last state to be admitted CAMPAIGN FINANCE REFORM someone can exploit loopholes in the current to the union. Not only do I believe the referen- driver registration system to obtain a new, dum mandated under this legislation to be in HON. RON KIND clean license that can effectively wipe out any accord with the will of the people of Puerto OF WISCONSIN past driving violations. This appears to be RicoÐI also believe it is morally incumbent IN THE HOUSE OF REPRESENTATIVES what may have occurred with the driver of the upon the Congress to move the self-deter- truck who killed Ben Cooper. The most signifi- Wednesday, March 25, 1998 mination process along. The United States cant problem with the present system is that cannot declare itself to be the capital of the Mr. KIND. Mr. Speaker, there is one more there are fifty different systems and databases free world when it denies the fundamental day left before this House debates campaign for personal driver licenses, one for each principles of democracy to a group of its citi- finance reform. This is our opportunity to re- state, and one incomplete national system for zens. form the broken political process. Unfortu- commercial driver licenses. Let me be clear, this legislation is not a nately, this opportunity is being wasted be- Unfortunately, these separate systems are statehood bill. It allows Puerto Ricans the right cause the leadership of the House has chosen often incompatible and cannot communicate to express their own views about their island's to submit a bill, H.R. 3485, that stands no with each other, requiring records to be up- destiny through an initial non-binding referen- chance of passing. There are a wide variety of dated manually. Moreover, not all states are dum. The next step in the process would re- good bills pending in this body that provide doing a good job at coordinating and sharing quire the aspirations of the majority of the real options for fixing our broken system, the information on bad drivers. Courts and law en- people of Puerto Rico to be reviewed and ap- leadership should allow the members an op- forcement officers routinely lack information on proved by the President of the United States portunity to consider those bills. a past driver's record prior to sentencing and the Congress. A change in status to either Regardless of where each member of Con- someone with a reckless or DWI (driving while statehood or independence would actually re- gress stands on the issue of campaign finance intoxicated) charge. And, in turn, they lack a quired three island-wide majority votes, three reform we all share one goal, promoting citi- user-friendly system for transmitting their con- congressional approvals, and a prudent transi- zen involvement in the electoral process. The victions to all fifty states. tion period of ten years. Certainly much more bill we will vote on tomorrow actually restricts Only five states operate a database that can thought, review, and revision would follow an citizen involvement by amending the Motor be shared electronically with other states. approval of this legislation by the House of Voter Act and adding burdensome rules to Forty five states transmit update information to Representatives. However, we can at least do verify citizenship among voters. These provi- other states by paper. Needless to say coordi- our duty as Members of Congress by provid- sions will result in a chilling effect on voting. nation among the states on current driver ing the people of Puerto Rico with the oppor- We need to do more to encourage voter par- record information is sporadic and inefficient tunity to undertake the process. ticipation, rather than discouraging it. Records are often incomplete and not updated All the political conjecture about this legisla- Mr. Speaker, the solution to this dilemma is on a timely basis. tionÐ``it creates an artificial majority in favor of simple, allow an open rule that gives every Anyone motivated to hide their past record statehood,'' or ``new Members of Congress campaign finance proposal, including the Bi- of violations can obtain a new license in a dif- from Puerto Rico will join the Democratic partisan Freshman Integrity Act, a vote on the ferent state and obtain a clean driving record. Party,'' or ``the definition of Commonwealth is floor of the House of Representatives. To make matters worse, the commercial driver unfair,'' or ``Puerto Rico will be America's Que- f license information system, which was de- bec,'' are all just thatÐconjecture. No one signed to establish a national database on really knows what will result from this legisla- THE DRIVER RECORD INFORMA- commercial drivers only covers a small portion tion, no one can predict the future. The lesson TION VERIFICATION SYSTEM of the total driving population. Advancements learned when Alaska and Hawaii joined the ACT—THE DRIVERS ACT in information management technologies, how- union as the 49th and 50th states bears this ever, offers the promise of a simple easy to out. The political soothsayers of the day deter- HON. JAMES P. MORAN manage, real-time national database that can mined that Alaska would have a Democratic OF VIRGINIA retrieve, update and manage a national data- delegation and Hawaii would be Republican. IN THE HOUSE OF REPRESENTATIVES base on the nation's 200 million licensed driv- As we all know, today the exact opposite is ers. Wednesday, March 25, 1998 true. We cannot determine the future of Puerto Only with a national database that includes Rico by voting for H.R. 856. however, we can Mr. MORAN of Virginia. Mr. Speaker, this both personal and commercial driver license stop the conjecture and begin the work it will morning, with my colleagues CONNIE MORELLA, information can we effectively thwart those take to give Puerto Ricans the ability to deter- ZOE LOFGREN, HENRY WAXMAN, NICK who seek to hide their past records. Permitting mine their own future. LAMPSON, and NITA LOWEY, we are introducing this new system to use social security num- I would also like to address the question of the Driver Record Information Verification Sys- bers, something now permitted with the com- English as the official language. As a legislator tem Act or DRIVERS Act for short. mercial drivers' license system, will also make who supported the inclusion of Hawaiian and This legislation is being introduced in re- it more difficult to alter one's name or identity. English as official languages of the State of sponse to the tragic and senseless death of a The ease and potential cost savings of a na- Hawaii, I am proud to say that the recognition local and promising young student Benjamin tional system offers the promise that all states of both languages has been a benefit to our Cooper. Last summer, a commercial truck will seek voluntarily to join the national sys- islands, not a deficiency. Children who attend driver with a lengthy record of driving viola- tem. Hawaiian immersion schools actually score tions, at least 22 in the past year and at least Before we reach that stage, however, we higher in English and other academic dis- 31 over the past ten years, was permitted to must test its feasibility of the new system. The ciplines than their classmates who do not get behind the wheel and continue to drive. legislation we are introducing today, takes this have the reference point of a second lan- On August 12th, the truck driver ran a red first step by authorizing $5 million for the U.S. guage. By encouraging the study and knowl- light, overturned and crashed into the car driv- Department of Transportation to work with edge of more than one language, the children en by Ben Cooper. several states to develop this national data- discover a deeper meaning to their studies. The Washington Post in a September 3rd base. Once the bugs in the new system are They have a cultural reference point that chil- editorial correctly asked, ``What Kept Him (this resolved, and I believe they can be, we can March 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E469 offer all states a new cost-efficient and com- throughout his tenure in Congress. Among the The project was organized by our pub- prehensive system they will all want to join. bills he sponsored were the 1987 Clean Water lisher, Robert H. Rawlings, and is being sup- The legislation we are introducing today is Act, the Superfund Act of 1986 which limited ported by foundations and individuals from not a panacea. It is, however, a step in the throughout the state. the discharge of raw sewage by New York Two Puebloans were surprised by the right direction. City and banned new sludge dumping in the Medal of Honor Society, Doug Sterner, who f New York Bight, the Plastic Pollution and Re- along with his wife Pam began the Home of search Act of 1987 and the Groundwater Pro- Heroes celebrations and who designed the IN HONOR OF JASON DAVID tection Act of 1987. concept behind the Home of Heroes diorama, SLOWBE ON HIS ATTAINMENT OF He was also responsible for passage of the was given the Society’s prestigious distin- EAGLE SCOUT Surface Transportation Assistance Act of guished Service Award. He accepted the 1982, which increased the Federal gas tax by award on behalf of his entire family. five cents a gallon to greatly expand the na- This week Mr. Sterner was both proud of HON. DENNIS J. KUCINICH the honor and modest. As he put it to us, ‘‘I OF OHIO tion's highway program, as well as numerous feel this honor goes to all of Pueblo. Pueblo IN THE HOUSE OF REPRESENTATIVES other pieces of legislation which greatly im- has been so supportive’’ of the Home of He- proved our nation's transportation system. Wednesday, March 25, 1998 roes program. Mr. Speaker, Representative Howard truly Yes, Pueblo truly is the Home of Heroes. Mr. KUCINICH. Mr. Speaker, I rise to honor demonstrated loyalty to his community and We are all mightily proud of them and appre- Jason David Slowbe of Strongsville, Ohio, who country throughout his lifetime of service. I ciate the ‘‘conspicuous gallantry and intre- will be honored on March 22, 1998 for his at- know my colleagues join me in paying tribute pidity in action at the risk of life above and tainment of Eagle Scout. to this fine man on the 10th Anniversary of his beyond the call of duty’’ which earned them The attainment of Eagle Scout is a high and the Medal of Honor—and their nation’s undy- passing. ing gratitude. rare honor requiring years of dedication of f self-improvement, hard work and the commu- f nity. Each Eagle Scout must earn 21 merit HOME OF THE HEROES badges, twelve of which are required, includ- CELEBRATION PERSONAL EXPLANATION ing badges in: lifesaving; first aid; citizenship in the community; citizenship in the nation; citi- HON. SCOTT McINNIS HON. JIM McDERMOTT zenship in the world; personal management of OF COLORADO OF WASHINGTON time and money; family life; environmental IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES science; and camping. Wednesday, March 25, 1998 Wednesday, March 25, 1998 In addition to acquiring and proving pro- ficiency in those and other skills, an Eagle Mr. MCINNIS. Mr. Speaker, please include Mr. MCDERMOTT. Mr. Speaker, I was trav- Scout must hold leadership positions within the following editorial in the CONGRESSIONAL eling with the President in Africa yesterday, the troop where he learns to earn the respect RECORD. March 24, 1998, and was unable to vote. I and hear the criticism of those he leads. [From the Chieftain, Pueblo, CO, Mar. 25, would have voted in favor of approving the The Eagle Scout must live by the Scouting 1998] journal (Rollcall No. 64). I would have voted in Law, which holds that he must be: trustworthy, HOME OF HEROES, TRULY favor of H.R. 3211 (Rollcall No. 65). I would loyal, brave, helpful, friendly, courteous, kind, Since the beginning of World War II, about have vote in favor of H.R. 3412 (Rollcall No. obedient, cheerful, thrifty, clean, and reverent. 30 million Americans have served in this na- 66). I would have voted in favor of H.R. 3096 And the Eagle Scout must complete an tion’s armed forces. (Rollcall No. 67). Eagle Project, which he must plan, finance Of all of those people, only a small number f and evaluate on his own. It is no wonder that have been awarded the Medal of Honor. And of that number, more than half were awarded INTRODUCTION OF LEGISLATION only two percent of all boys entering scouting it posthumously, meaning even fewer have achieve this rank. received the nation’s highest honor while My fellow colleagues, let us recognize and alive. HON. JOHN D. DINGELL praise Jason for this achievement. Now the astounding part. Four of the liv- OF MICHIGAN f ing recipients grew up and attended schools IN THE HOUSE OF REPRESENTATIVES in Pueblo. TRIBUTE TO REP. JIM HOWARD And two of them attended the same high Wednesday, March 25, 1998 school, Central. Pueblo is the only city in Mr. DINGELL. Mr. Speaker, I rise today to the nation to be the home of four Medal of introduce concurrent resolution No. lll to HON. THOMAS J. MANTON Honor recipients, and Central is the only OF NEW YORK high school to claim two. encourage the use of federally-supported re- IN THE HOUSE OF REPRESENTATIVES William Crawford, now of Palmer Lake, search findings surrounding the impact of un- and Carl Sitter of Richmond, VA. attended treated sleep disorders and sleep deprivation Wednesday, March 25, 1998 Central High, Jerry Murphy of Albuquerque on the nation's health, safety and economy. Mr. MANTON. Mr. Speaker, I rise today to attended Pueblo Catholic High school, and Studies show that Americans are chronically pay tribute to former Representative James J. Drew Dix of Pueblo and Fairbanks, Alaska, sleep deprived. According to a report by the Howard on this the 10th Anniversary of his attended Centennial High School. National Commission on Sleep Disorders Re- A week ago, as a heavy spring storm raced passing. First elected to Congress in 1964 and through Pueblo, the four recipients attended search, approximately 40 million Americans serving until his death in 1988, Congressman the unveiling at the Pueblo Convention Cen- suffer from some 80 identified sleep disorders Howard served longer than any other Rep- ter of the Home of Heroes display honoring and millions more intermittent sleep problems resentative in the history of the Third Congres- these four special men. linked to depression, stress, pain, and other sional District of New Jersey. The display features a uniform from each ailments. According to the National Sleep As the first representative from New Jersey of the four, plus replicas of their medals and Foundation, two-thirds of adult Americans get to serve as chairman of the House Public blowups of Associated Press news photos far less sleep than the eight hours they need Works and Transportation Committee, Rep- taken about the same time in the same area to maintain proper alertness during the day where the Puebloans earned their honors. resentative Howard was responsible for pas- Press a button and an electronic recording due partially to demanding lifestyles. sage of important legislation such as the 55- details each man’s heroism. The pervasive sleep deprivation is taking a mile-per-hour national speed limit which was Their fellow Puebloans showed the depth of toll on the nation's health and productivity as the first legislation to focus attention on the re- their respect when about 200 braved the sleepiness affects vigilance, mood, alertness, lationship between speed and safety. In addi- storm to attend the ceremonies. The gentle- motor skills, and the memory of people in both tion, his anti-drunk driving and 21-year old men were obviously touched by the outpour- the home and the workplace. Fatigue all too minimum drinking age laws have prevented ing of respect and honor they received while often has deadly consequences, causing at here. the deaths of many young motorists and inno- Now Pueblo is urging the Medal of Honor least $100,000 police-reported crashes on our cent victims around the country. Society to hold its annual meeting here in nation's highways every year and contributing Out of deep concern for the shore district he 2000. That is when a statue honoring Pueblo’s to other transportation and industrial disasters. represented, Representative Howard cham- four recipients specifically and all Medal re- Although, fatigue and sleep deprivation is esti- pioned major environmental legislation cipients in general is to be dedicated. mated to cost Americans $100 billion each E470 CONGRESSIONAL RECORD — Extensions of Remarks March 25, 1998 year. The National Sleep Foundation's recent lishment of its Foundation. Not content to 2nd Vice President; Linda Marshall, Secretary; poll found that 57% of Americans have driven merely help manage the funds of the Founda- Karen Kelly-Jamrog, Treasurer; Katherine when drowsy during the past year. 23% of tion, Dr. LaBounty then assisted the campus Avery, Chaplain; Patricia Jane, Sergeant at adults have actually fallen asleep at the wheel in planning a professional fundraising pro- Arms; Phyllis Frenzke, Americanism Chair- in the past year. Obviously, sleep deprivation gram, and continued by raising funds himself. person; Linda Marshall, Scholarship Chair- is a major concern in our homes, our work Lest you think his contributions were pri- person; Marcella Schmidt, Hospital Chair- places and on our highways. marily academic or business in their focus, I person; and Anne Schmidt, Parliamentarian. To address these serious concerns, the Na- will also mention that Dr. LaBounty used his May they be granted their wish of reaching tional Sleep Foundation, a variety of organiza- personnel connections with actor Raymond joyous 75th and 100th anniversaries in the tions, federal agencies and companies have Burr and the powers of his persuasion to bring years ahead. initiated a program called National Sleep a collection of Hans Erni's artwork to the cam- f Awareness Week during March 30±April 5 to pus for permanent display. It is the first art col- raise awareness of the importance of good lection housed at the campus. For the sake of HONORING MARSHALL V. MILLER sleep and the consequences of insufficient the residents of the 48th District, we hope it is sleep in the home, workplace and on the high- not the last. HON. KAREN McCARTHY way. I ask my colleagues to join me in sup- Mr. Speaker, as you can see, Dr. LaBounty OF MISSOURI porting their efforts and to work toward ensur- has not yet understood retirement as ``with- IN THE HOUSE OF REPRESENTATIVES drawing from the business or public life'' as ing that proper attention is given to chronic Wednesday, March 25, 1998 sleep deprivation and fatigue by policy mak- my dictionary defines it. For this the edu- ers, medical care practitioners, researchers, cational community of CSU San Marcos and Ms. MCCARTHY of Missouri. Mr. Speaker, it and educators. the civic community of the 48th District are is my honor today to rise and salute a recipi- f grateful. ent of Vice President GORE's Hammer Award, f Mr. Marshall V. Miller, Esquire, of Miller and PERSONAL EXPLANATION Company in Missouri's 5th Congressional Dis- A GOLDEN ANNIVERSARY IN REC- trict for his outstanding contributions to im- HON. DARLENE HOOLEY OGNITION OF GOLDEN EFFORTS proving the trade compliance process on inter- OF OREGON national trade issues. The reforms which Mr. IN THE HOUSE OF REPRESENTATIVES HON. JAMES A. BARCIA Miller has achieved in the U.S. Custom Serv- ices trade compliance process has resulted in Wednesday, March 25, 1998 OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES the Department's improvement in service to Ms. HOOLEY. Mr. Speaker, yesterday American businesses and their customers. Wednesday, March 25, 1998 evening when the House was voting I missed Miller and Company is receiving special rec- rollcall votes number 64, 65, 66 and 67 be- Mr. BARCIA. Mr. Speaker, there is no doubt ognition as a team that has significantly con- cause my flight to Washington from Oregon as to the value of our many fine veterans or- tributed in supporting the President's National was cancelled. I respectfully request that the ganizations. The work that these groups do for Performance Review Principles. This empha- record reflect that had I been present, I would their members and their communities is very sis on client services directly reflects the per- have voted yes on 64, yes on 65, yes on 66 often supplemented by auxiliaries. I am proud formance principles. Through the reinventing and yes on 67. to tell our colleagues that on April 2, Amvets government process, Marshall Miller has par- f Ladies Auxiliary #22 of Bay City, Michigan, will ticipated as a member of the Partnership and be celebrating its 50th anniversary. Compliance Assessment Team which has RECOGNITION OF DR. HUGH O. They began with 10 members and have identified, prioritized, and created action plans LABOUNTY grown to nearly 75, who carry on a half cen- for removing barriers, enhancing maximum tury of dedication and service in honor of their compliance, and reducing costs to the trade HON. RON PACKARD motto: ``We waited together. Now let's work to- industry and the customs service. OF CALIFORNIA gether.'' Members of the auxiliary have cer- Receiving the Hammer Award is a special IN THE HOUSE OF REPRESENTATIVES tainly waited together over the years. Whether recognition and honor which Miller and Com- it was during the time of World War II, Korea, Wednesday, March 25, 1998 pany and its primary principal, Marshall Miller, Vietnam, Desert Storm, or any other military have earned. Those that are fortunate enough Mr. PACKARD. Mr. Speaker, I would like to activity, the members of the Amvets Ladies to know Mr. Miller are aware of his energy and recognize an outstanding volunteer and citizen Auxiliary #22 were always ready to lend a quest for efficiency. Mr. Speaker, I applaud my from the 48th Congressional District. Dr. Hugh hand. constituent, Marshall V. Miller, on receiving the O. LaBounty came to my district in his retire- The members of the Auxiliary worked from Vice President's 1998 Hammer Award. ment as President of the California State Poly- the very beginning to raise funds to support f technic University, PomonaÐan institution he community service, child welfare, servicemen, led with distinction for 13 years. However, Dr. Americanism, hospital and scholarship A TRIBUTE TO HELEN HILTON LaBounty, who is an historian by training, and projects. They held Tupperware and Stanley RAISER has served as a consultant to the Government parties, made and sold candy, and sold white of South Korea, to the United Arab Emirates, clovers for the benefit of others. HON. ANNA G. ESHOO to the Tanzanian National Ministry of Edu- Whether it was food baskets at Thanks- OF CALIFORNIA cation, and the Ministry of Education of Ath- giving and Christmas, or gifts for servicemen IN THE HOUSE OF REPRESENTATIVES ens, Greece, does not understand the word during Vietnam, or the need for volunteers and ``retirement.'' resources for the Saginaw VA Hospital, or yel- Wednesday, March 25, 1998 Since Dr. LaBounty ``retired'' to Oceanside low house ribbons during Desert Storm, the Ms. ESHOO. Mr. Speaker, I rise to honor in 1991, he has served the brand new Califor- auxiliary was there. The Lutheran Orphanage, Helen Hilton Raiser who is being honored by nia State University established in our back- the Women's Crisis Center, and school chil- the Volunteer Center of San Mateo County, yard of San Marcos. His appointment as Sen- dren who have participated in the American- California at the Eleventh Annual Very Impor- ior University Consultant was established by ism contest, have all benefited from the gener- tant Volunteer Dinner. Founding CSUSM President Bill W. Stacy with ous efforts of the Auxiliary. And the Amvets Helen Raiser is an active community volun- ``compensation of one dollar per year and Ladies Auxiliary #22 is rightly proud of the fact teer who gives generously of her time and tal- other valuable considerations.'' Dr. LaBounty that they have been a working partner with ents to a wide variety of organizations and proceeded to earn his compensation and, Amvets Post #22 in hosting state conventions, causes. She has been a trailblazer in the more importantly, the gratitude of a struggling a state bowling tournament, a fall conference, handgun control movement so that we will new campus. Of note was his service in as- and a driver's excellence program. have safer communities. She has worked ex- sisting the campus prepared for its first ac- Mr. Speaker, I urge you and all our col- tensively with young people, especially as an creditation by establishing an external assess- leagues to join me in congratulating all of the enthusiastic volunteer in Scouting. She has ment team visit, thus paving the way for a members of the Amvets Ladies Auxiliary #22, been a tenacious champion of accessible successful review. Subsequently, Dr. and its officers, Patricia Michalski, President; housing. She has been a leader in providing LaBounty lent his expertise toward the estab- Kathy Hair, 1st Vice President; Diane Woods, high quality retirement housing and care for March 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E471 our community's seniors through the construc- you could come back year after year and it OPPOSING H.R. 3310 IN ITS tion, development, and property management would always be there. I have found that isn't CURRENT FORM business she and her late husband John Rais- the way life is. Social Security has evolved er built during their 37 year marriage. She has and adapted to change over the years since it HON. ZOE LOFGREN been a dedicated board member of numerous was created in 1935. We need to take the OF CALIFORNIA non-profit organizations, and a talented chair time starting now, to carefully deliberate on IN THE HOUSE OF REPRESENTATIVES of many fund-raising events. This year Helen proposed solutions. We must not leave any Raiser chairs the Very Important Volunteer stone unturned. And no matter what we do, Wednesday, March 25, 1998 Dinner for the Volunteer Center of San Mateo we have got to ensure that the solutions are Ms. LOFGREN. Mr. Speaker, I understand County and has chosen ``The Love of Read- inter-generationally fair. I urge my colleagues that under House rules it is too late to with- ing'' as the theme. She understands the criti- to join me as cosponsors of this legislation. draw as a cosponsor of H.R. 3310, the Small cal role reading plays in people's lives, espe- Business Paperwork Reduction Act Amend- cially in the lives of children. f ments of 1998, which is to be considered by Since coming to the San Francisco Bay the House tomorrow. However, new informa- Area in 1960 from British Columbia, Helen IN MEMORY OF JEAN KLETZKY tion has come to light about H.R. 3310, which Raiser has dedicated herself to bettering her compels me to declare that I can no longer community for everyone. Mr. Speaker, Helen support the legislation as it is drafted. Hilton Raiser is an outstanding citizen and I HON. PETER DEUTSCH I share with many of my colleagues the de- salute her for her remarkable contributions OF FLORIDA sire to streamline unnecessary and onerous and commitment to our community. I ask my IN THE HOUSE OF REPRESENTATIVES regulatory requirements. Small businesses colleagues to join me in honoring and con- should not be overburdened by government gratulating her on being honored as the Volun- Wednesday, March 25, 1998 regulations in this highly competitive economy. teer Center of San Mateo County's Very Im- It is with this goal that I signed onto H.R. Mr. DEUTSCH. Mr. Speaker, I rise today to portant Volunteer. 3310. Unfortunately, I have learned that this commemorate the late Jewish community f bill will have unintended consequences that go leader, Jean Kletzky. Jean Kletzky was known far beyond paperwork reduction. INTRODUCTION OF LEGISLATION throughout the community as a woman who H.R. 3310 throws out the wheat and the truly loved her community and made a lifelong chaff. Besides addressing technical violations HON. BILL ARCHER commitment to community service. When she of reporting requirements, it also creates dis- retired to Florida in 1979 from New Jersey, OF TEXAS incentives to report information vital to public she became immediately active in supporting IN THE HOUSE OF REPRESENTATIVES health, workers safety, the environment, and humanitarian causes in South Florida. Wednesday, March 25, 1998 to the smooth running of our economic mar- Jean Kletzky will be remembered as a lis- kets. To cite just one example, this bill creates Mr. ARCHER. Mr. Speaker, Social Security tener, a teacher, and a person whose under- disincentives for businesses to file reports with represents the single most commitment to the standing of people and things is admired. Her the Food and Drug Administration about the elderly and the disabled that has been made companion of 18 years, Daniel D. Cantor, re- adverse affects of new drugs and products. by our society. It is a great testament to our garded her as an intelligent, alert, and strong I join the Administration, the U.S. Securities nation's dedication to assuring a floor of secu- woman who was responsible for helping fulfill and Exchange Commission, the Occupational rity for workers and their dependents. his aspirations and dreams. Together they Safety and Health Administration, and numer- Yet, due in part to the aging of baby built the Daniel D. Cantor Senior Center in ous labor and environmental groups in oppos- boomers, this vital program will be unable to Sunrise, Florida. The center provides senior ing H.R. 3310 in its current form. fully honor its benefit commitments as of the citizens more than 65 daily functions including f year 2029. Forecasts of future Social Security a food service, an Alzheimer division, an el- insolvency, and suggested remedies, are derly division, a wandering garden, support TROPICAL FOREST CONSERVATION being discussed more and more in the media networks, and myriad cultural activities. The ACT OF 1998 and at kitchen tables all across the country. belief behind the center is that life begins at Americans want to learn more and share their 65 and people who participate at the center SPEECH OF views with their elected officials. realize that being elderly does not make them HON. ROB PORTMAN We need to take a long, hard, thorough look old. The Daniel D. Cantor Senior Center offers OF OHIO at Social Security, and the sooner we do so, people a place that gives them life, happiness, IN THE HOUSE OF REPRESENTATIVES the sooner we will be able to make decisions and more hope than they would normally have that will not be precipitousÐbut that can be outside the center. Thursday, March 19, 1998 developed in prudent and constructive ways. Among her many philanthropic accomplish- The House in Committee of the Whole We must take advantage of a timely and rare ments, Jean Kletzky served as an administra- House on the State of the Union had under opportunity, this era of budget surpluses, to tive assistant to the director of the Retired consideration the bill (H.R. 2870) to amend find a solution which treats causes, not symp- Teacher's Union of Florida for ten years. She the Foreign Assistance Act of 1961 to facili- tate protection of tropical forests through toms. We must be open to fully explore struc- also shared her wonderful sense of style and tural changes which may be critical to the debt reduction with developing countries interior decorating with her friends and family with tropical forests: long-term stability of the system, as well as to to help them create beautiful homes. And, she Mr. PORTMAN. Mr. Chairman, today the our economy. was responsible for successfully directing the We are obligated to protect Social Security House passed H.R. 2870, the Tropical Forest fund-raising campaign for the construction of and to stabilize it, not just for the near-term, Conservation Act of 1998. Building on Presi- the Daniel D. Cantor Senior Center. but for the long run. This complex program, dent Bush's Enterprise for the Americas Initia- which affects the lives of so many Americans Jean Kletzky was a member of the National tive, this legislation will help protect globally in unique and different ways, needs to be Women's League for Israel, Jewish Adoption outstanding tropical forests around the world closely scrutinized by an independent panel of and Foster Care Options (JAFCO), City of in a fiscally responsible manner. This legisla- experts, like the one on which I served under Hope, National Council of Jewish Women, tion is the result of a lot of hard work by many Ronald Reagan in 1982. Women's Division of the Jewish Federation of organizations and people. I would like to take Along with Mr. KasichÐChairman of the Broward County, and was an Endowed Lion a minute to thank them. Committee on Budget and Mr. BunningÐ through the Jewish Community Foundation of I have already talked about the committee Chairman of the Ways and Means Sub- the Jewish Federation of Broward County. leadershipÐin particular, Chairman GILMAN, committee on Social Security, I am introducing The people of Broward County will sorely Mr. HAMILTON and Mr. BEREUTER. I would also legislation which includes the creation of a Bi- miss Jean Kletzky. Throughout her life those like to thank committee staff, particularly Mark partisan Panel to Design Long-Range Social who knew her regarded her as a driven lead- Kirk, Elana Broitman, Maria Pica and Dan Security Reform. er, a humanitarian, a friend, a wonderful Parks. One thing for certain in our life is change. I bridge player, a mother, and a wife. Now, she The environmental community has spent used to think, growing up, that you ought to be is remembered as a heroine to the residents many hours helping us to develop this legisla- able to have everything in one little niche and of South Florida. tion over the past two years and to generate E472 CONGRESSIONAL RECORD — Extensions of Remarks March 25, 1998 bipartisan support for the bill. Special thanks Curt Carlson diversified his corporation and Bill has been involved with agriculture his goes to the leadership and staff of Conserva- expanded into other areas such as creative entire life. He farms in the Maricopa Stanfield tion International, The Nature Conservancy restaurants with entertainment themes. Now, area of Arizona and is in partnership with his and the World Wildlife Fund, particularly Peter after over 60 years in the business, Carlson two sons, Colin and Craig, under the name of Seligmann, Russ Mittermeier, Ian Bowles, Companies currently comprise over 100 cor- Marathon Farming Company, which includes Glenn Prickett and Will Singleton from CI; porations world wide and the company's El Dorado Ranches CJ & L Farms and MFC John Sawhill, Tia Nelson, Randall Curtis and brands employ 147,000 people in more than Farms. These farms encompass approxi- Bill Millan from TNC; and Kathryn Fuller, 140 countries. In 1997, Carlson Company's mately 6,000 acres of planted cotton, wheat, Jamie Resor and Estrelitta Fitzhugh from the brands generated $20 billion in revenue sys- and alfalfa. World Wildlife Fund. Special thanks goes to tem wide. Under Bill's leadership, the Family Farm Alli- the Ohio Chapter of The Nature Conservancy, The success of Carlson Companies as ance was founded eight years ago by farmers especially Bud Talbott, Denise King and Jan measured by its size, the number of employ- from California and Arizona who needed a co- van der Vort Portman, for their consistent ef- ees, or profit is impressive. However, a true ordinated way to meet directly with legislators forts to build support for the bill. measure of Curt Carlson and Carlson Compa- and their staff in Washington, D.C. on federal I would also like to thank officials in the nies should also be their commitment to the water policy issues. At its inception, the Alli- Treasury DepartmentÐparticularly the Office local community. This commitment is reflected ance was a handful of individuals representing of International Development, Debt and Envi- in the motto of Carlson CompaniesÐ``Private only two western states with a determined pur- ronmental Policy, including Bill Schuerch and Companies with a Public Conscience.'' It was pose. Bill has been an instrumental part of the Ken Luden, and the Office of International Curt Carlson and other Minnesota business Alliance's growth from a small group to the Debt Policy, including Mary Chaves and Max leaders who established the Minnesota Key- large and well respected organization that it is HudginsÐfor the help they gave us in making stone Club, pledging to give five percent of today. The Alliance now has members rep- sure the final product reflected the best prac- their earnings to non-profits. These efforts resenting 13 western states. tices. Their experience with the Enterprise for have greatly added to the quality of life and In addition to serving as the President of the the Americas Initiative gave us a practical con- caring in their communities and throughout Alliance, Bill also is the Director of the Mari- text within which to work. Minnesota. This commitment has become the copa Flood Control District. In the past he has And finally, I would like to thank my Chief of nationwide standard. served as the head of the Maricopa Stanfield Staff, John Bridgeland, who coordinated this While Carlson Companies have been active Irrigation District, Cotton Incorporated, the entire effort, my legislative staff, Tim Miller and throughout our community. Curt Carlson has Board of Arizona Cotton Growers Association, Seth Webb, Mr. Kasich's staff, Wayne Struble been a strong supporter and advocate for pub- and many other organizations. and Chris Kearney, Mark Synnes from the lic higher education. The University of Min- Mr. Speaker, it is my great pleasure to pay Legislative Counsel's office, and Susan Fletch- nesota, through the help of Curt Carlson has tribute to Mr. Bill Scott. His service to the er, Betsy Cody and Pat Wertman from the established the Hubert H. Humphrey Institute Family Farm Alliance, the State of Arizona and Congressional Research Service, for all of of Public Affairs. This renown center of politi- western agriculture is greatly appreciated. I cal science, identified with Minnesota's be- their hard work on this initiative. wish him all the best. loved Senator and a personal friend of Curt, I look forward to working with Senators f features the ``Carlson Lecture Series'' which LUGAR, BIDEN, CHAFFEE and LEAHY as this leg- brings influential national and international islation proceeds through the Senate. HONORING FILIPINA S. MACAHILIG leaders to the University to speak to the stu- f dents and the general public. In addition, per- HON. SAM FARR sonal gifts from Curt Carlson has allowed the CARLSON COMPANIES A PRIVATE OF CALIFORNIA COMPANY WITH A PUBLIC CON- University of Minnesota to embark on ``The IN THE HOUSE OF REPRESENTATIVES SCIENCE Minnesota Campaign'' with the goal of making the University of Minnesota as one of the top Wednesday, March 25, 1998 HON. BRUCE F. VENTO 5 public universities in the nation and to build Mr. FARR of California. Mr. Speaker, I rise a new, modern Carlson School of Manage- OF MINNESOTA to note the passing of a woman whose loving ment facility. IN THE HOUSE OF REPRESENTATIVES care for her family and community spanned Mr. Speaker, in this time of faceless con- half the world, for over half a century. Wednesday, March 25, 1998 glomerates and merger mania among cor- Filipina S. Macahilig began life in Manila, Mr. VENTO. Mr. Speaker, on March 23, porate giants, it is a pleasure to recognize the graduating from the University of the Phil- 4,500 individuals recognized the outstanding contributions of Carlson Companies. The 60 ippines before working as a nurse through 60 year contribution of a leader in the Min- year record of success is an appropriate trib- World War II. The children at the schools on nesota and American business community, ute to Carlson Companies leader, Curt Carl- Panay Island were comforted by her tender who transformed the hospitality industry from son. Curt Carlson has shaped the culture and and competent care. a small local operation to a spectacular inter- business practices of our great state of Min- At war's end, Ms. Macahilig moved to the national enterprise. More importantly, this dis- nesota. His commitment has made a real dif- United States, first to San Francisco and then tinguished party will celebrate the contribution ference for today and certainly for the future of to the Monterey Peninsula, where she contin- of an individual who has been a leader in his Minnesota and our nation. Curt Carlson's lead- ued to care for the ill and infirm. She and her community and has created an example of ership and commitment to his community pro- beloved husband Edel raised her large family: community commitment that could well be fol- vides an example to emulate. four sons, Rene, Felicisimo, Requiro and lowed by many American businesses. This f Edilberto, and four daughters, Alice, Berna- special event will honor the anniversary of TRIBUTE TO BILL SCOTT dette, Suzanne and Teresita, all of whom Carlson Companies and its founder Curt Carl- graduated with highest honors and became son. HON. J.D. HAYWORTH outstanding members of their communities. Some of my colleagues may well know the Her warmth extended outwards into the com- OF ARIZONA history of Carlson Companies and Curt Carl- munity through her service as a longtime IN THE HOUSE OF REPRESENTATIVES son. With a $55 loan, Curt began his business member and officer of the Filipino Community career by starting a trading stamp company, Wednesday, March 25, 1998 Organization of the Monterey Peninsula. She Gold Bond Stamps. While trading stamps, a Mr. HAYWORTH. Mr. Speaker, I rise to pay replenished her spirit at the Carmel Mission merchandise enhancement product, had al- tribute to Mr. Bill Scott, an outstanding leader Basilica where she was a faithful parishioner. ready been in use, it was Curt Carlson and his in the agricultural community in Arizona and She cared for her fourteen grandchildren and growing company that expanded their use to President of the Family Farm Alliance, a five great-grandchildren with her own special include grocery stores, gas stations and other grassroots organization serving irrigated agri- kind of gentle compassion, providing a model independent merchants and made collecting culture throughout the West. After serving the of humanity that they will carry with them al- trading stamps a household occupation. Alliance diligently and responsibly for the past ways. From that base, Curt Carlson entered the eight years, Mr. Scott is stepping down from Her death at the age of 87 was a loss, but hospitality industry with the acquisition of the the presidency. I want to take this occasion to her generous spirit will continue to warm and Radisson HotelÐnow a proud international honor him for his long service to his fellow nurture the community through the memories name in quality hospitality around the globe. farmers and ranchers. she has left with us. March 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E473 FAMILY FARM SAFETY NET ACT friend and advisor Tom Szelenyi of Millbrae, the time had come to fulfill his lifelong dream OF 1998 California. This week he marks his 70th birth- of living in the United States. Tom initially day, and his seven decades provide lessons spent time in Germany and Canada, but he fi- HON. RICHARD A. GEPHARDT from which all of us can learnÐworthy exam- nally arrived in New York City in 1952Ðpenni- OF MISSOURI ples about perseverance and overcoming ob- less, but emboldened by a hunger to build a IN THE HOUSE OF REPRESENTATIVES stacles to create a life distinguished by a com- new life in America. Wednesday, March 25, 1998 mitment to his family and his community. His early years in this country were not Mr. Speaker, Tom Szelenyi's long and un- easy. The young, but strong-willed Tom Mr. GEPHARDT. Mr. Speaker, today my predictable journey began on March 28, 1928, Szelenyi worked at a number of different colleagues LEONARD BOSWELL, EVA CLAYTON, in Budapest, Hungary. The only child of a mid- jobsÐloading bales of hay onto ships, loading JIM CLYBURN, LANE EVANS, DAVID MINGE, dle-class Jewish family, his early years were motion picture film cans onto trucks, and then COLLIN PETERSON, EARL POMEROY, GLENN happy ones, marked by close friends and lov- working his way up to become a movie dis- POSHARD, DEBBIE STABENOW and I are intro- ing parents. His father was a traveling sales- tributor for Warner Brothers. ducing legislation to restore the farm safety man who was away from home for a portion In late 1956, Tom received a telephone call net shredded by the Republicans in the 1996 of every week. During this time Tom remained from the Red Cross informing him that his Farm Bill. House Republicans want to end the with his mother and freely engaged in typical farmer safety net. Democrats want to mend it. mother had escaped from Budapest in the childhood pranks without fear of punishmentÐ wake of the Hungarian uprising and that she Over the past two years, America's farmers until his father's return at the weekend. have watched large harvests and the Asian was on her way to New York City. When she The happy circumstances of Tom's early life arrived, he immediately decided to take her to crisis push down grain prices as much as 40 were abruptly shattered on March 19, 1944, percent. University of Missouri economists tell live in California. He had been impressed by when the German Army seized control of Hun- the mild climateÐhe visited the state once in us that, as prices continue to fall, real net farm gary. The occupation had swift and bloody income could fall more than 8 percent this January and did not need to wear an over- consequences for the Hungarian Jewish popu- coat. He was also attracted by the great op- year. Producers are concerned. First, that the lation. Tom, only sixteen years old at the time, portunities available on the West Coast. existing safety net is inadequate. Second, that suffered mightily. Shortly after the German oc- In California, through hard work, Tom found even these protections, inadequate as they cupation, Nazi storm troopers arrested Tom's great success in the air freight business. He are, are scheduled to be phased out in a few father and sent him to a forced labor camp. recently retired after thirty successful years in short years. He never returned. He was murdered by a that field. He has also applied his accumulated This bill restores a sensible safety net by young German soldier for not working fast wisdom to making a difference in his adopted giving farmers a better chance to market their enough. grain for a fair price. This bill utilizes a market- Tom and his mother found temporary refuge homeland, and he has advised and assisted oriented tool farmers know well: the marketing in one of the ``safe houses'' that Swedish dip- me on some of the most important decisions loan. Marketing loans have generally provided lomat and humanitarian Raoul Wallenberg that I have faced in my career in public serv- a safety net ensuring producers 85 percent of designated as ``Swedish Legation Property'' ice. For some time, Tom has been my rep- a commodity's 5-year average price. The 1996 throughout Budapest. Wallenberg's remark- resentative to the San Mateo County Demo- bill slashed the safety net by cutting these able courage saved the lives of as many as cratic Central Committee, and he has served rates sharply. Our bill will establish loan rates 100,000 Hungarian JewsÐincluding myself as liaison with the small business community equal to 85 percent of historic price levelsÐ and my wife, Annette, as well as Tom in my district. providing more income stability. Our bill boosts Szelenyi and his mother. Through As successful as his business career had loan rates. Corn and soybeans up $.30 per Wallenberg's efforts, Tom Szelenyi survived been and as important as his contributions to bushel. Wheat up $.59 per bushel. Cotton up through the summer months, the time when the community have been, Tom Szelenyi's $.04 per pound. the bulk of the Hungarian Jewish population proudest accomplishment is his family. In early We must take other steps to repair the safe- was deported to Auschwitz and other Nazi 1957, three months after moving to the Bay ty net as well. We need an emergency price death camps. Area, he met Evelyn Feiler, a charming and floor for dairy farmers in all regions of the Tom's sanctuary was short-lived, however. brilliant woman, and they were married soon country. We also need Congresswoman CLAY- He was captured by the Germans in the fall of after. Tom and Evelyn have enjoyed forty TON's bill to ensure hard-working farmers ac- 1944 and, with a group of Hungarian Jewish wonderful years together. They are the par- cess to Federal credit cut off by the Repub- men, was forced to undertake a ``death ents of two fine sons, Mark and Bob. They licans. march'' of exhaustion and starvation from Bu- also have two delightful grandsons, and Tom We must also extend the ethanol program. dapest to the Austrian border. From there, never misses their soccer and T-ball games. Tomorrow the Ways and Means Committee Tom was shipped to the concentration camp Mr. Speaker, I invite my colleagues to join will act on the highway bill. We call upon the at Buchenwald, Germany, where he arrived in me in paying tribute to Tom Szelenyi for the Republican Chairman to extend the ethanol November 1944. integrity and example of his life and for his program. Ethanol provides us clean energyÐ Tom endured seven months at Buchen- service to our community as he celebrates his and strengthens American agriculture. The waldÐseven months of hunger, agonizing 70th birthday. I am proud to know Tom and to ethanol program strengthens corn prices, work details, and the ubiquitous fear of death. have him as my friend. boosting the annual income of a typical Mis- At the end of the war, with the American Army f souri grain farm by $15,000 to $30,000. driving closer and closer to the center of the Last year, key Republicans opposed the Third Reich, he and other surviving inmates SCHOOL OVERCROWDING FORUM: ethanol program, and Congress failed to were forced to march from Buchenwald to the PROBLEMS & SOLUTIONS renew the program. This halted construction of concentration camp at Theresienstadt in a dozen ethanol plantsÐ$700 million in invest- Czechoslovakia. Most of Tom's fellow pris- mentÐin rural America, costing our rural com- HON. LORETTA SANCHEZ oners succumbed during this last Nazi tor- OF CALIFORNIA munities good-paying jobs. ment, victims of starvation, exhaustion, and Congress can do better. So we are renew- IN THE HOUSE OF REPRESENTATIVES cold-blooded murder. Throughout this agoniz- ing our call to the Republicans: Stop the at- ing trial, as with his many previous struggles, Wednesday, March 25, 1998 tack on America's farmers. Let's restore the Tom endured, driven by the hope that he ethanol credit. Let's stand together for oppor- Ms. SANCHEZ. Mr. Speaker, I submit the would live to create a better life for himself tunity for Rural America. following testimony for today's CONGRESSIONAL and his family. RECORD. f The German war machine collapsed in May 1945, and Tom Szelenyi was liberated from STATEMENT OF CARMEN CRUZ, 6TH GRADER, TRIBUTE TO TOM SZELENYI LOARA ELEMENTARY SCHOOL, ANAHEIM CITY Theresienstadt that same month. Still only a SCHOOL DISTRICT seventeen year-old boy, he then proceeded to HON. TOM LANTOS Hello, my name is Carmen Cruz and school make his way back across the war-ravaged OF CALIFORNIA overcrowding is a problem at Loara School. IN THE HOUSE OF REPRESENTATIVES continent to his home in Budapest. There he That’s why we have year-round school here. joyfully discovered that his mother had sur- Wednesday, March 25, 1998 In my class, we move, which means we move vived the war and had remarried. around from room to room each month. Rov- Mr. LANTOS. Mr. Speaker, I invite my col- At this time, it became evident to Tom that ing is no fun, yet it is useful because it fits leagues to join me in paying tribute to my dear he had no future in Hungary. He realized that in more kids at school. Some of my friends E474 CONGRESSIONAL RECORD — Extensions of Remarks March 25, 1998 in my room went to different schools last round students. For example, a child on the opportunity to do so. I have taught for 27 year but because their schools were crowded Track B, with no ‘‘summer’’ month of vaca- years, the last 17 at Lathrop Intermediate they had to come to Loara. They used to tion, cannot participate in any camp. ‘‘Sum- School in Santa Ana, California. During that walk to their school but now they have to mer’’ reading programs are active only from time I have seen many changes in our ride a bus to Loara. I would be really sad if June through August. schools, not the least of which has been the I had to change schools because I would miss It is a constant struggle to maintain a continual growth in our enrollment, both at my friends. Before we had portables we had sense of community within our own schools. my school site and throughout our District. a bigger upper grade playground. That’s one Keeping everyone informed of events and ac- RAMIFICATIONS OF ENROLLMENT GROWTH of the reasons why I don’t like school over- tivities is difficult since 25% of the school Overcrowding has many obvious ramifica- crowding. Two other reasons are that the population is unavailable at any given time. tions on the daily operation of a school. It portables are small and there is no water in- The year round schedule essentially created also has other effects which may not be as side. four distinct school communities. In order to obvious at first glance. I teach at an inter- At Loara there were too many students so fairly reach all pupils, site staff and PTA mediate school serving more than 2100 stu- we hired more teachers. We also had to let must duplicate all programs: Open House, dents in grades six, seven, and eight. Our cars drive on the playground because there child services (dental and health check-ups), campus is seven and a half acres in size. This was no room for all the cars that brought special assemblies, award ceremonies, PTA is well under the recommended size for an in- kids to school. Now they’re making a bigger fund-raisers, etc. It is also difficult to reach termediate school (which is 20 acres) and parking lot and that means a smaller play- everyone for the evening enhancement ac- well over the ideal enrollment. We are in our ground. It’s good for the teachers and par- tivities as Family Math night or parenting sixth year on a 60–20 four-track year-round ents but not for the kids. We need funds to classes. schedule. This means that we normally have build more schools and they have to be close PTA Boards no longer have a break from 1500 to 1600 students in session at any one to where the kids live. One issue they’re their jobs. They must try to enlist volun- time. talking about in Anaheim is double sessions teers from each track so that all four school Increased enrollment has meant that we but that doesn’t help my learning and other communities are represented and to ensure have added 7 portable classrooms to our cam- children’s learning. My Motto about over- continuity of programs throughout the year. pus. All students and teachers have class- crowding is ‘‘More Schools Means More The year round calendar has enabled the rooms in which to meet and we have many Space.’’ District to house and educate 7,000 more stu- dents than its originally designed capacity. excellent programs in place. Year-round edu- Projections are that pupil enrollment will cation has many advantages, and I am not STATEMENT OF SUE PREUS, PARENT, ANAHEIM increase by 1,000 per year for the next five implying that it is not a sound educational CITY SCHOOL DISTRICT years. Unless we obtain additional facilities strategy. As we have grown, additional My name is Susan Preus. I am a mom. I we are rapidly approaching another major, teachers have been added along with an addi- very actively participate in Anaheim City more distressing, change to the school sched- tional counselor and administrator. We have School District and PTA roles. For the Dis- ule—double sessions. also been awarded grants to provide addi- trict, I’ve served, or am serving, on the year All the extracurricular programs that are tional supplies and staff development oppor- round, curriculum selection, and double ses- already inadequate on a year round schedule tunities. sion committees. I recently received a sec- are compounded with double sessions. Do we However, continual growth from an enroll- ond appointment to the School Board. I have have soccer practice in the mornings? Will ment of 1300 to our current 2100 over the last held most school site PTA offices and cur- the piano teacher hold lessons at 8 p.m.? Will 8 years has brought some less than ideal sit- rently am the president of the Anaheim Ele- day care watch some children all morning? uations. Some of the conditions resulting mentary School Council PTA. Overriding all And will there be enough day care to accom- from our crowding include the following: this school involvement is my previous modate the need? These are important con- (1) Teachers traveling from classroom to statement that I am a mom, first. cerns for people with moderate standards of classroom each period. This is a burden for I have a son in ninth grade in the Anaheim living. The situation is worse for those who those teachers as they, in some cases, move High School District. His primary education are not financially secure. How do we imple- equipment and materials five times a day. was provided in Anaheim’s elementary ment the breakfast program? Who watches Other teachers change classrooms on a schools. My niece, for whom I provide care, the child when the adults are at work and monthly basis, as staff and students leave for is in second grade in the Anaheim Elemen- the family can’t afford a baby sitter? What vacation or return from vacation. tary District. School overcrowding has af- happens to a neighborhood when half the (2) We lack the ability to offer intersession fected me and my family since my son was in children are ‘‘hanging out’’ all morning? classes during student vacation time because first grade. I became very active in the Dis- What happens to the sense of community? we lack classrooms in which to offer these trict nine years ago as a participant in the The District would be burdened with a night- extended year programs. first committee on year-round schools. My marish bus schedule, complicated classroom (3) We have tried to maintain class size as son attended one of the first six schools to and associated facility usage plans, and most low as possible, but some classes are larger change to a multi-track year-round schedule. likely an inadequate facilities maintenance than we would prefer. This limits the con- Over the years, the District has placed more program. tact time between the teacher and each stu- schools on this year-round calendar to the Most importantly, child safety is jeopard- dent during the school day. extent that all 22 schools are now on this ized by a double session schedule. Imagine a (4) Our library is heavily used, but we can- schedule. first grade student walking home in the dark not always accommodate all teachers who Although I personally like year-round for during a peak street traffic period. There are wish to use the facility with their classes. educational reasons, it does create some many horrifying situations a child could get (5) We have an excellent computer pro- problems for families. One of the largest into, and I feel the cost of a worst case sce- gram, with three complete labs and addi- problems is that the high school district is nario would be too great. tional computers in the library, and we offer on a traditional calendar. This means that if This is why I have become active in ways access before and after school, but not all you have a junior high or high school stu- I never thought possible. I would never have classes are able to use the labs as often as dent and an elementary student your chil- imagined nine years ago when I became in- they would like because of sheer numbers of dren may not have any vacation time to- volved in my local PTA that I would now be students. The computers certainly do not re- gether. Child care can be difficult especially sitting here, testifying before Congress. How- place the teacher, but they provide opportu- for single parent or dual-working parent ever, now is the time for all voices of reason nities to extend lessons. Most of our students households. Parents may be able to rely on to be heard. Our individual and collective come from homes in which there is no com- high school students for child care in the mistake would be to quietly accept double puter access. summer, of course at the expense of the older sessions rather than actively support meas- (6) Increased pressure on physical edu- child’s ‘‘vacation.’’ Such a resource is un- ures such as HR2695 and Governor Wilson’s cation facilities, as bungalows have been available for the younger child’s off track state bond measure. In Anaheim, we know added, thus encroaching on available play period during the traditional school year. that we must also take action locally and areas. The community has responded slowly to not rely solely on state and federal funds. (7) More crowded teacher work areas, as we the needs of children having vacation That is why we are working to pass a local now have 90 teachers where we once had 60. throughout the year. Children still get ques- school bond on April 14. The costs to tax- (8) Increased pressure on the use of facili- tioned, ‘‘Why aren’t you in school?’’ if they payers for these measures is small compared ties such as rest rooms for students and are out and about during what is tradition- to the benefits gained by all of our children. staff. ally school time. When a child responds, (9) Increased pressure on the use of food ‘‘I’m off track’’, the questioner seldom un- service facilities. derstands what that means. TESTIMONY OF MARY ALICE MADDEN, TEACH- (10) More crowded storage areas, as we now The typical summer program for children, ER, LATHROP INTERMEDIATE SCHOOL, SANTA have more books and supplies and need more such as scout, church, and sports camps, ANA UNIFIED SCHOOL DISTRICT areas to store these items. summer movie specials, city park and recre- INTRODUCTION We have many excellent programs for our ation activities, and even some library pro- It is indeed a privilege and an honor to ap- students before, during, and after the school grams, have not accommodated the year- pear before you today, and I thank you for day. As a school and a District I feel we have March 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E475 responded creatively and effectively to the approximately ten acres. Our lot is less then Care for off-cycle children. Those families challenges which have arisen as a result of half of this optimum size . . . and that’s not most in need of pre-school and intersession continual growth. However, if we are talking taking into consideration the addition of interventions are most often in our most about providing the best possible edu- portables! The building was designed to serve crowded neighborhoods. The few Head Start cational environment for our students, we a maximum of 630 students in 21 classrooms. Programs that we have in Santa Ana are are certainly talking about additional school With the four cycle year-round schedule, we filled to capacity, with waiting lists. We are construction and reduction in school enroll- were able to serve a maximum of 850 stu- hopeful that outside organizations, such as ment so all students may have maximum ac- dents in the 1995–96 school year. churches and in our case, the Boys and Girls cess to all facilities and resources. Then along came class size reduction. We Club across the street will receive requested I thank you for your interest in, and sup- all agree that this is a good thing for kids. funds to allow Head Start to use available fa- port of, our educational programs, and I But in already overcrowded schools, it has cilities or to place portables on their sites thank you for the opportunity to share some been a space nightmare. There was very lim- for pre-school and off-cycle child care pur- of our concerns. ited space to begin with, for children to run poses. and play. To assist with downsizing in first A Joint-Use Facility Agreement is cur- grade, the District moved three portables rently in the works between the SAUSD and TESTIMONY OF JUDITH MAGSAYSAY, PRIN- into out already undersize playground. While the City of Santa Ana Parks and Recreation CIPAL, PI´O PICO ELEMENTARY SCHOOL, awaiting the arrival and hook-up of the Department. We have fewer than half the SANTA ANA, CA portables, we set up three classes of first number of parks and recreational facilities graders in our Multipurpose Room for six It is a privilege to meet with you this in our city compared to other cities our size. months. During that time our school had no morning and to have this opportunity to Santa Ana has approximately 330,000 resi- indoor gathering place for the music pro- share with you some of the challenging dents. We have 40 parks and eight commu- issues confronting just one of many over- gram, for assemblies and presentations, for after school dance clubs. etc. We held parent nity centers. Oakland, with 380,000 residents crowded schools in Southern California. I am has 100 parks and 24 community centers. ´ meetings in the library where we couldn’t Judith Magsaysay, principal of Pıo Pico Ele- Minneapolis has 360,000 residents and 100 mentary School in the Santa Ana Unified seat even half of the parents in attendance. During the 1996–97 school year, a commit- parks and 70 community centers. Through School District. joint-use agreements, Santa Ana schools will Pio Pico is a year-round school located in tee of teachers and parents conducted a be more fully utilized for both recreational central Santa Ana. The neighborhood sur- study of alternative year-round calendars to and educational purposes after school hours. rounding the school is home to some 26,000 create additional space for class size reduc- I am hopeful that today’s hearing will help young people under the age of eighteen, tion in third grade. They spoke with a num- clarify some of the issues and possible solu- making it the second densest neighborhood ber of Los Angeles Unified School District tions to overcrowding. We must find creative in the United States, in terms of youth popu- staff members and parents who were on Con- solutions by engaging the larger community, lation. There are six elementary schools, two cept 6 and realized that we could downsize in as well as our State and Federal govern- intermediate schools and one high school all third without adding any extra portables if we switched to this year-round model. In ments in issues impacting the education and within walking distance of the Boys and July, 1997, the SAUSD allowed Pı´o Pico to well-being of our children, our future. Girls Club across the street from Pı´o Pico. begin a pilot implementation of the Concept Pı´o Pico has just under 900 students and 6 calender. TESTIMONY OF MIKE VAIL, PRESIDENT, CAL- backs up to the Lowell Elementary campus Concept 6 consists of three, instead of four FED INFRASTRUCTURE COALITION which services about 1,000 students. We are cycles; that is, two cycles are in session and just three blocks north of Martin Elemen- one cycle is on vacation. Each cycle has four INTRODUCTION tary which also has about 1,000 students. months in school followed by two months of Good morning. My name is Mike Vail. I am Due to overcrowding, we have had a ‘‘no- vacation. With Concept 6 we have two-thirds the President of the Cal-Fed Infrastructure madic’’ history. Pı´o Pico opened in portables of our students in session as compared to the Coalition, a statewide organization of school in July, 1991 on the Martin Elementary play- four cycle year-round schedule which has districts and business interests which was es- ground. At the time, Martin had 1,630 stu- three/fourths of all students in session at the tablished to support Federal school facilities dents and our new school was not scheduled same time. This has created 3 additional funding efforts. I also serve as Senior Direc- to be constructed before 1994. Due to the classroom spaces during the school year, tor of Facilities Planning and Governmental need to better serve students in this crowded enough for us to downsize most of our third Relations for the Santa Ana Unified School neighborhood, our Board of Education de- grades to 20:1. District, one of the fastest growing school cided to open Pı´o Pico as a ‘‘school within a On Concept 6, three teachers share two districts in California. school.’’ The following July, we moved into a classrooms. Most of the time teachers share School districts throughout the nation, in- portable school on the lot of out future classrooms with the same grade level or cluding those in Orange County, are facing a school site. A year later, in 1993, to help close to it. This year, even with Concept 6, facilities crisis. A combination of factors, in- downsize Lowell Elementary, which had we ran out of class space and were forced to cluding record student enrollment growth, swelled to over 1,300 students, we ‘‘annexed’’ open a third/fourth grade class in October deteriorating buildings and lack of funding another five portables on the Lowell campus which has to rotate between a kindergarten for educational technology, has fueled this which is adjacent to our lot. Finally, in De- and a fifty grade classroom. We have moved crisis. And it threatens our ability to pre- cember of 1995, we moved into our new build- forward with a request for five additional pare today’s students for the workplace of ing with 600 students. portables to assist with what appears to be the twenty-first century. Actually, all year-around schools have no- inevitable . . . more children . . . more madic teachers. Usually, four teachers share downsizing . . . and not enough classroom, ENROLLMENT TRENDS three classrooms over the course of the storage and meeting space. Between 1986 and 1997, national K–12 public school year. When one of the four goes off- We are currently in the process of evaluat- school enrollment increased by 14 percent, to cycle (on vacation), she must pack up all of ing the academic and space benefits of Con- a record total of 45.2 million students. Ac- her personal belongings and those of her stu- cept 6 so that we can make sound rec- cording to the National Center for Education dents and store them. Where space permits, ommendations to the other schools in the Statistics, this number will reach 48.3 mil- schools provide closets or cabinets on rollers. District that are considering Concept 6. lion by the year 2007. The 3.1 million pro- At Pı´o Pico and at other extremely cramped The biggest concern with Concept 6 is the jected new students will create a need for campuses this moving is exacerbated by the length of vacation. While our students re- over 6,000 more schools across the nation. fact that we have so little storage space for ceive the same number of instructional min- The impact of this projected enrollment books and materials for the on-cycle teach- utes each year due to additional minutes growth will likely be greatest for urban ers and students, let alone enough storage each school day, they have about 13 fewer school districts such as those in Santa Ana for the off-cycle teachers’ materials. Many of school days than the four cycle year round and Anaheim, since urban districts already our teachers end up taking carloads and car- schools. We do offer some intersessions have the most overcrowded schools. Accord- loads of their things home each trimester. across the street at the Boys and Girls Club, ing to the Council of Great City Schools, the This requires a lot of time and physical en- but not enough to service more than half of average number of students per school in the ergy on the part of the teaching an custodial the 300 off-cycle students due to space and fi- U.S. was approximately 511 in 1993–94. But staff. Teachers going off-cycle are given a nancial constraints. this same average for the districts which one-hour early dismissal on the last day of We are fortunate to have a Title VII serve the greatest number of Title I students the trimester. Those teaches who are return- project at Pı´o Pico which helps to pay the was 713, 40 percent above the national aver- ing receive a ‘‘duty day’’ for unpacking and cost of compensating teachers for conducting age. setting up their classrooms. Most teachers intersession classes with their students. The national enrollment growth trend has spend many additional evening and weekend Most schools do not have enough money to been mirrored in Orange County. More stu- hours to adequately prepare their classroom do this and the summer school dollars are dents keep coming to our community’s environment for students. not allocated for our year-round schools. schools. In 1986, countywide K–12 enrollment Pı´o Pico sits on a 3.5 acre lot. The Califor- OTHER PRESSING ISSUES was 337,000. In 1990, it had reached 368,226. By nia Department of Education recommends Due to lack of space, our school cannot ac- 1996, it had grown to an all-time high of that elementary schools be built on lots of commodate a Head Start Program or Day 434,420 students, a 22 percent increase over a E476 CONGRESSIONAL RECORD — Extensions of Remarks March 25, 1998 ten year period. This enrollment growth has nine new elementary schools. If CSR was im- We recognize that school construction is resulted in a corresponding need for new plemented in grades K–6, 500 more class- primarily a state and local responsibility. classrooms. Approximately $203 million in rooms would be required. But our coalition feels that California’s ris- new construction applications from orange CONDITION OF FACILITIES/LACK OF TECHNOLOGY ing student enrollments and overcrowded County school districts are currently on file At a time when student enrollments are conditions are creating pressures that must at the Office of Public School Construction reaching all-time levels, existing facilities be addressed by all levels of government. in Sacramento. This figure does not rep- are in need of major modernization efforts. Governor Wilson’s program is a major step resent the total need, since the State’s eligi- In 1995, the U.S. General Accounting Office forward. However, it does not totally resolve bility rules and the lack of funding discour- (GAO) issued a number of national reports the school facilities crisis. ages many districts from submitting applica- detailing the condition of America’s public The need is greater than the resources tions. schools. The GAO found that one-third of which are currently available. The Federal Santa Ana Unified, the County’s largest public schools, attended by approximately 14 government should join in a partnership by school district, has experienced long-term million students, needed ‘‘extensive repair or assisting state and local governments in student increases which began in 1979. Over replacement of one or more buildings.’’ Al- meeting the school facilities crisis in Cali- the last 18 years, the district’s enrollment most 60 percent of the nation’s public fornia and all other states. There is a na- has almost doubled, growing from 28,700 to schools reported at least one major building tional interest in strong local educational nearly 54,000. For the last five years, the feature in disrepair. Those features included systems with school facilities properly largest single grade level in Santa Ana has roofs, exterior walls, windows, plumbing, equipped to motivate our children. This is been kindergarten. As a result, it has been heating/ventilation/air conditioning, elec- how they will learn the skills necessary to especially challenging for the district to im- trical power and lighting. Three-quarters of succeed in a technological and competitive plement Governor Wilson’s Class Size Reduc- these buildings needed multiple features re- marketplace. The school infrastructure issue tion program in grades K through 3. paired. About half of all public schools re- is just as critical a national need as the long- RESPONSES TO OVERCROWDING ported at least one unsatisfactory environ- standing Federal commitment to assist state In the past, most California school dis- mental condition. Those included poor ven- and local communities in the building of our tricts have depended on State monies to tilation, heating/lighting problems, or poor roads and highways. meet construction financing needs. Funding security. Thank you, Congressmember Sanchez, for for the State School Building Program is de- According to the GAO, fewer than half of your efforts to make your colleagues in Con- rived from the proceeds of statewide school America’s public schools have sufficient gress aware of this crisis. The legislation construction bond measures. However, this technology infrastructure, including that you have introduced will provide Fed- funding source is very undependable because modems, phone lines and wiring for net- eral financial incentives for local districts to the State Legislature sometimes fails to works. Even in schools with enough comput- build the schools needed for the students of place a bond measure on a statewide ballot ers, over one-third reported insufficient wir- today and tomorrow. The Cal-Fed Infrastruc- and the voters of California sometimes reject ing for computers and communication tech- ture Coalition supports this legislation. these measures. Since 1993, only one state- nology. Accordingly to the CEO Forum on We ask you and your colleagues in Con- wide school construction bond measure has Education & Technology, two-thirds of gress to work with President Clinton on a bi- been approved by the voters. The State cur- America’s schools are connected to the partisan basis to devise a program which will rently has no funds available to pay for new Internet, but only 14 percent of classrooms allow the Federal government to give our projects. have Internet access. The business leaders states and local communities incentives to Local school districts in California have also found that only three percent of public build the schools our children need. the ability to present bond measures to the schools are using technology to maximum Thank you for this opportunity to speak voters within their community. However, benefit. with you about these important issues. I such measures require a two-thirds ‘‘yes’’ Santa Ana Unified’s backlog of major mod- look forward to answering any questions vote, making approval extremely difficult to ernization and maintenance projects totals that you might have. obtain. California is one of only four states over $45 million. Twenty-one of 45 schools are over 30 years old. Fifteen of these schools which has a two-thirds vote requirement for THE STATUS OF SCHOOL FACILITIES IN are in need of major renovation. Currently, local school construction bond measures. CALIFORNIA Districts can issue Certificates of Participa- 5,953 computers are being used by the dis- trict’s 54,000 students. Approximately 2,900 of Presented by Sue Pendleton, California tion (COPs), a lease-related financing, with- Department of Education out voter approval. The debt payment of these computers are obsolete and unable to COPs issues is an obligation of the district connect to the Internet. Most district class- SCHOOL FACILITY NEEDS IN CALIFORNIA General Fund. Since per student education rooms have been wired to have the capability Increased student population. funding in California is among the lowest in of linking with the Internet. However, our Modernization and retrofitting of old the U.S., most districts are hard-pressed to shortage of computers (the ratio is one com- school facilities. support substantial COPs debt. puter for every 17 students) limits actual Deferred maintenance. Because of the lack of construction fund- Internet usage by students. Class size reduction. ing, California districts have turned to other The condition of existing classrooms is im- Child care. portant because research shows that facili- methods to meet the need for more class- PAST GROWTH IN STUDENT POPULATION rooms, including use of multi-track year- ties affect learning. A study performed in In the past 10 years, California has built round schedules and the installation of port- Washington, D.C., schools revealed that the enough schools to house over 1.2 million new able classrooms on existing school sites. In standardized test scores of students in students (a 28% increase in enrollment). Santa Ana Unified, 23 of 32 elementary schools rated in ‘‘fair’’ condition were 5.45 To do this, California school facilities in- schools and four of seven intermediate percentage points higher than those of stu- creased to house the entire student popu- schools utilize year-round schedules. The dis- dents in schools rated as ‘‘poor.’’ The dif- lations of the states of Idaho, Montana, trict is currently using over 600 portable ference in schools between ‘‘excellent’’ and Utah, Wyoming and Nevada. classrooms on existing campuses—the equiv- ‘‘poor’’ was 10.9 percentage points, which is alent of 27 elementary schools. Over 35 per- significant. Research in Virginia of building SCHOOL FACILITIES NEEDS DUE TO INCREASED cent of Santa Ana Unified’s classroom capac- condition and students’ achievement and be- STUDENT POPULATION ity is provided by portable classrooms. The havior demonstrated a five to seven percent In the next 10 years, the Department of Fi- presence of these portables impact a school’s difference in percentile ranking of students nance predicts California’s K–12 population core facilities, such as restrooms and food in higher-quality buildings. A similar study will grow by another 604,000 students to a service areas. They encroach on our small conducted on a statewide basis in North Da- total of nearly 6.2 million students by the playfields, and are more expensive to main- kota showed four to 11 points difference in year 2006. tain than permanent classrooms. scores when comparing building condition To accommodate this 11% increase, Cali- Despite these measures, Santa Ana Unified and student achievement. fornia will need to build almost as many needs to build at least one new high school CONCLUSION schools as currently exist in all of Oregon and three new elementary schools. These California is trying to do something about and Colorado. projects would not provide enough class- our overwhelming school facilities problem. It is estimated that $8 billion will be nec- rooms to implement the State’s Class Size Governor Wilson has proposed placing $8 bil- essary to meet this need. Reduction (CSR) program at additional lion in state bonds for school construction SCHOOL FACILITIES NEEDS grade levels, nor would they relieve the need on the ballot over four elections. The Gov- Even without enrollment growth, Califor- for portable classrooms or year-round sched- ernor has also proposed a permanent funding nia has school facilities needs. ules. These projects would simply allow the source for the K–12 maintenance program. To District to ‘‘keep its head above water.’’ In assist local communities, Mr. Wilson sup- School facilities needs: Modernization and tech- order to fully implement the State’s Class ports reducing the threshold for passage of nology Size Reduction program in grades K–3, the local school bonds to a simply majority. All It is estimated that over 50% of existing District would need to add approximately 200 of these measures would be extremely help- schools are over 30 years old and many are additional classrooms—the equivalent of ful to school districts. badly in need of repair. Additionally, schools March 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E477 built in the 1950s, 1960s and 1970s are not ca- WHO IS RESPONSIBLE FOR PROVIDING SCHOOL cation. To provide students with the tools pable of meeting the technology needs of the FACILITIES? they need to succeed, we must address the 21st century. Key ...... players: Local education challenge of creating funding mechanisms agencies and Governmental that will match the current and projected To modernize, repair and retrofit existing NATIONAL TRENDS AND LOCAL IMPACT: CONDI- school facilities will cost an estimated $22 agencies such as State Allo- need for adequate school and higher edu- TION OF SCHOOL FACILITIES IN THE ANAHEIM billion over the next 10 years. cation Board; California De- cation facilities. The need for new schools, CITY SCHOOL DISTRICT (ACSD) modernization of older schools, and tech- partment of Education, Other school facilities needs nology far exceeds available resources. Cali- SchoolBy Maria Facilities Elena-Romero, Planning Assistant Superintendent, ACSD fornia’s schools currently rely on a combina- Deferred maintenance—estimated to cost Division; Department of Gen- WELCOME TO LOARA ELEMENTARY tion of resources to meet their facility needs: $6 billion in the next 10 years. eral Services, Office of Public state bonds, local bonds, developer fees, Class size reduction—cost depends on the LoaraSchool auditorium Construction is 53 and years Di- old. Loara Mello-Roos Districts, and cost savings by number of grades implemented—permanent classroomsvision of were the builtState betweenArchitect; 1953 and 1957. adopting multi-track year round scheduling. construction for four grade levels is esti- Enrollmentand the atFederal Loara Government.is over 900 students: 120 As we approach the millennium, we need to mated to cost $2.5 billion, not including land. Kindergartners in double sessions; 284 stu- look at how this pattern will serve the fu- dents in 1st and 2nd grades participating in Child care—estimated to cost $500,000,000 in ture, and revise and change the pattern so Class Size Reduction under a limited waiver; that we can build the schools we need. the next decade. and 49 students in special education classes While much debate about school construc- in four classrooms. tion focuses on developing regions, densely California’s School Facilities: 10-Year Need Recap OTHER FACTS ABOUT ACSD populated areas, whether in the cities or in Billions Average age of buildings in the District is suburbia, need to build or perhaps re-build Increased student population ...... $8 43 years old. their schools. Many children have spent their academic careers in portables because (Does not include existing backlog) .. Nine of our 22 schools have enrollments of of overcrowding; for this reason we believe Modernization of old school facilities 22 over 1,000 students. One half of our sites are under 7 acres in that we must allocate portions of state and Deferred maintenance ...... 6 size. federal funds for what we have come to call More than 200 portables are installed unhoused students. Class size reduction ...... 2.5 After a hiatus in the early nineties, Cali- throughout the District. Some are over 25 Child care ...... 5 fornia increased its spending on education years old. last year. The increased education budget STUDENT POPULATION GROWTH Total need ...... $39 demonstrated the success of Proposition 98, ACSD has 22 schools serving over 20,230 California’s constitutional amendment guar- HOW TO MEET CALIFORNIA’S SCHOOL FACILITIES students from kindergarten through 6th anteeing that a fixed portion of state reve- NEEDS grade. nue be allocated to education. This money ACSD serves the central portion of the went to expand the class size reduction pro- Historically, school facilities City of Anaheim. gram, expand reading initiatives for grades have been funded via a menu ACSD’s enrollment grew over 7,500 stu- four through eight, and expand community of funding options. dents in the last decade. college resources to provide education, train- During the same period, only relatively How to Meet the Need ing, and child care to help those on welfare small residential housing development has return to work. Since school districts cannot State bonds—Amount raised in the past 10 occurred within District’s boundaries. use Proposition 98 funds to build schools, years: $9.8 billion; Percentage of total fund- OPTIONS TO INCREASE CAPACITY this expansion of educational opportunities ing: 46%; Must be placed on the ballot by the Scheduling solutions: Year round calendar, for students served to exacerbate the facili- Legislature and passed by the voters. staggered sessions, double sessions. ties crisis. We believe your H.R. 2695 will Local bonds (except for 1978–1986 when Building solutions: Portable buildings, per- offer assistance as we continue to work on Proposition 13 eliminated local bonds as a manent buildings. local solutions. Here are some of the things we are doing. funding source)—Amount raised in the past ORIGINAL VS. CURRENT CAPACITY STATE BOND 10 years: $5.9 billion; Percentage of total Design capacity 12,220—58%. funding: 28%; Only half of the attempted Portable capacity: 5,600—26%. A combination of state and local bonds elections pass. Year round capacity: 3,217—15%. builds schools. State School Construction Bonds reach the ballot through a series of Special taxes—Parcel taxes and Mello- YEAR ROUND CALENDAR IMPACTS Roos Community Facilities Districts (first proposals, debates, compromises, and votes. Maintenance: Facilities are used almost As on the budget, the state legislature must authorized in 1983)—Amount raised in the 100% of the time. Lack of down time for pre- past 10 years: $800 million ($.8 billion); Per- achieve a two-thirds majority in each house ventive work. All major construction work before a Bond proposal goes to the ballot. centage of total funding: 4%; For registered must be done with students on campus. voter approval, passage rate of less than 50%. The legislature failed to achieve this major- Rotation of classes: Lack of storage space; ity in 1997, and work continues on proposals Developer fees—Amount raised in the past furniture size; classroom environment. and compromises. We hope that these will be 10 years; $2.5 billion; Percentage of total PORTABLE BUILDINGS ISSUES successful so that California’s voters can funding: 12%; Limited to providing facilities Cost is approximately $70,000 to $80,000 per vote on a state bond this June. for new development. unit properly installed. Installation of sinks MAJORITY VOTE FOR LOCAL BONDS Deferred maintenance—Amount raised in may increase this cost even further. While we believe that the state’s primary the past 10 years: $1 billion; Percentage of Districts benefit from the flexibility. funding source should remain the general ob- total funding: 4%; Funding based on amount Availability is subject to supply and de- ligation bond, we need to increase Califor- of excess bond repayments. mand. nia’s capacity to raise local funds, and that Multitrack year-round education to reduce Ground space may be used in a less than means changing the current the two-thirds the need for new construction—Construction optimum manner. majority requirement for passage of local cost avoided in the past 10 years: $1.2 billion; ACSD FACILITIES NEEDS general obligation bonds. A measure passed Percentage of total funding: 6%. Facilities costs are estimated at $100 mil- by the State Senate currently awaits action lion: Four additional schools and moderniza- in the Assembly. Other funding sources tion of existing 21 schools. SCHOOL CONFIGURATION Redevelopment. Funding sources: General fund $9 million; In the debate on school facilities we must Asset management. local bond $48 million; State match $45 mil- not lose sight of the purpose of building lion. schools. We encourage school districts to ex- Parcel tax. plore, design, and implement forms of school Certificates of Participation repaid by organization and management that will TESTIMONY BY JUDITH MICHAELS, LEGISLA- school district general fund. avoid excess administrative costs and pro- TIVE DIRECTOR, CALIFORNIA FEDERATION OF Federal Government. mote the instructional goals of each school. TEACHERS Before building schools, we should consider California’s School Facilities: Historical 10-Year Reducing class size in California has the effect the ever increasing size of schools Funding Recap pushed the topic of school facilities to the has had upon the education of our students. forefront of issues facing California edu- A misreading of the economies of scale asso- Billions ciated with specialization in schools has con- State bonds ...... $9.8 tributed to a steady increase in school size. Local bonds ...... 5.9 These larger schools may be cheaper to ad- minister, but they reduce social supervision Mello-Roos (special taxes) ...... 0.8 of students to the detriment of the larger so- Developer fees ...... 2.5 ciety. And, at some point, the advantages of Deferred maintenance ...... 1.0 economies of scale turn into liabilities. For example, one of the factors that reduces the MTYRE (cost avoided) ...... 1.2 economies associated with large schools is the cost of transportation, both in direct ex- Total funding ...... $21.2 penditures and in the cost in student time, E478 CONGRESSIONAL RECORD — Extensions of Remarks March 25, 1998 time that students could more profitably dle schools or a high school, by itself, rep- With no state money available and with spend on academic work. Furthermore, we resents a 7.3% growth, and this is only the our hands tied because of the extraordinary believe that larger schools have detrimental latest year of a pattern. In early 1991, just as 2/3 vote requirement to pass local bonds, effects upon students, teachers, and classi- I was assuming the Superintendency post of California school districts find themselves in fied staffs; because of the greater size of the Capistrano Unified, our K–12 enrollment was a vise. There is hope, however, if the Gov- schools, we often find more anonymity and 23,734 students. With the 1997–98 K–12 enroll- ernor’s-supported package of bills before the alienation. Additionally, large schools lessen ment of 40,115 which I just referenced, we legislature this year has a chance of passing: each child’s opportunities to participate in have experienced a phenomenal 62% increase an $8.2 billion state bond issue; an initiative different social activities in the school set- in student enrollment in slightly more than streamlining the school construction/renova- ting. half a decade. tion program, and a constitutional amend- New patterns of education administration, Our district has coped well with this ment permitting majority vote approval for such as re-configuring grade levels or creat- growth under the circumstances. First, with local school bonds. Then we can, at least, ing schools within schools, help alleviate well over $100 million in state school bond begin to realistically address the problem. problems caused by multi-track year-round money, we were able to apply creative fi- While parents and educators will continue scheduling, and offer great potential for nancing and strategic planning which, com- to present our school facilities case to our schools to be run economically and to be bined with local dollars, allowed us to build state legislators, and hope for a successful educationally sound. twelve brand new schools within a single 5- 1998 California legislative session, it is com- year period. We have two more schools under forting to know that our leadership in Wash- CONTINUING AND COALITION EFFORTS construction at this time and eight more on ington, D.C. has recognized the school over- The national interest in ensuring high the drawing board, if the state ever fills its crowding phenomenon as one of the most se- quality education for all students inextrica- empty school construction coffers. We also rious challenges in public education. Then, bly links California-based efforts with those presently have a total of 607 relocatable through such legislative proposals as the Ex- from Washington. The California Federation buildings on the grounds supplementing our pand and Rebuild America’s Schools Act of of Teachers is part of the California-DC Alli- 40 permanent school campuses. But still, 1997, willing to take action in the interests ance, composed of millions of Californians with the growth we are experiencing, even of the children of our nation, children who committed to better education: K–12 school that is not enough. are our hope and our investment in the fu- districts and associations, large and small Many in our district blame new residential ture. business throughout California, the State development on school overcrowding. While Department of Education, labor unions, and there is no question that residential develop- SCHOOL OVERCROWDING law firms. While not a lobbying organization, ment has exacerbated the problem—particu- the Alliance nonetheless works to identify larly in districts like Capistrano—an even By Jacinth M. Cisneros issues critical to the economic health of more significant causal factor of school over- My name is Jacinth Cisneros. I have lived California and to help keep the California’s crowding is an increase in the birth rate. One in Orange County for more than 40 years Congressional Delegation aware of the im- need only compare Capistrano’s kinder- with 22 of those years in Anaheim. I have pact of Federal decisions upon local schools. garten enrollment to that of 12th grade to two children. (A 3rd grade boy and a 7th Nationally, the American Federation of witness the trend. Last June our district bid grade girl.) They attend schools within both Teachers and the National Education Asso- adieu to 2,143 seniors who graduated from the Anaheim City School District and the ciation are working together on a proposal one of our five high schools. This September Anaheim Union High School District. Our to bring more dollars into school construc- we then greeted 3,456 new kindergartners. family lives are complicated as one child is tion. We have created a private sector task These 1997 numbers are only the most recent on a year-round schedule and the other is on force to survey novel ways of increasing indicators of a trend which has been in place a traditional schedule with summers off. I available resources to local school districts. for the last six years. Moreover, since am fortunate to be a housewife in order to This Task Force is looking at ways to lever- CUSD’s dropout rate of 1.6% is negligible, it juggle the complexities of being a parent. age more dollars out of the private sector as cannot be assumed that part of the reason Many of our families do not have the benefit well as different forms of bonds. We will keep for the much lower number of graduating of a parent that can stay home. you informed of its progress. seniors than entering kindergartners is at- I am concerned about the education of my tributable to students dropping out of children. I am also concerned about the edu- school. cation of all of our children—yours, mine, TESTIMONY OF DR. JAMES A. FLEMING, SUPER- We who administer and set policy for the and the children in the neighborhood down INTENDENT CAPISTRANO UNIFIED SCHOOL public schools eagerly anticipate the entre´e the street. I have watched Anaheim change DISTRICT of the federal government in helping to meet over the past two decades. Ten years ago we Good morning. My name is James A. Flem- the housing needs of a tremendously growing were surprised by our enrollment increase. ing. I am Superintendent of the Capistrano student population across America. I have (The baby boomers finally decided to become Unified School District here in Orange Coun- been a public educator for 35 years and do parents.) We thought, ‘‘This can’t continue. ty. My district is the largest geographically not remember a time when Washington has It will stop, even slow down.’’ Five years among the 28 districts in our county and is ever stepped forward on the issue of school ago, we were in denial. No one believed the the 3rd largest in student population, with facilities in the manner represented by the increase and certainly no one believed it just over 40,000 students. ‘‘Expand and Rebuild America’s School Act.’’ would continue. Today, we still continue to Before commenting on the challenge which The problem is clearly beyond any state’s grow and to grow and to grow. We are cur- faces my district and many in Orange Coun- ability to address alone. rently over-enrolled by 7,000 students. De- ty and California, I want to, first, express To those of us in high-growth districts mographers project that we will continue to sincere appreciation on behalf of my School within the State of California this federal in- grow 1,000 more students each year for the Board and me to Congresswoman Loretta terest is like a breath of fresh air. Very next five years. The school my son attends Sanchez for the leadership she has dem- frankly, we have been disappointed in the was designed to house 600 students. It now onstrated on a wide variety of issues of in- state’s response to classroom overcrowding houses approximately 1,100 students, with terest and concern to public school advo- up to this point. Inconceivably, even as- twice the staff and fewer restrooms than 30 cates. We especially want to thank her today toundingly, after instituting a high-profile years ago. The reality of our numbers for planning this forum and for her leader- facilities-intensive primary class size reduc- slapped us in the face and rudely woke us up! ship on the ‘‘Expand and Rebuild America’s tion program on top of record setting stu- As a community, we came together to work Schools Act of 1997.’’ The creation of a new dent growth, the State Legislature has re- out our problems. Many years ago six of our class of national tax-exempt bonds may be fused, since 1996, to even place a state school schools went to a year-round multi-track just the incentive needed to provide facili- bond on the ballot for the voters to consider. schedule increasing our ability to house our ties funding to assist suburban districts Our Republican Governor has stepped for- children. Progressively more and more build new schools and renovate deteriorating ward and provided leadership on the facili- schools went year-round until, finally, last schools as the Qualified Zone Academy ties issue through a series of bills which the year the remaining six schools went to the Bonds provided for our nation’s urban areas. Senate and Assembly will consider this ses- same schedule increasing their capacity by I thought the most helpful approach to be sion. The newspapers report that the one approximately 25%. (Remember that was taken with my brief comments is to use the place he faces opposition is from members of just last year.) Where are they coming from? plight of my own school district as a case his own party, state elected officials who There is no new construction, no new hous- study demonstrating the urgency of the sub- ironically represent the highest growth parts ing. How can this be? Anaheim is an afford- ject which calls us together this morning. of the state. I just don’t understand it. able community for young families and our Of California’s 999 school districts, While, the state currently has no money schools have continued to offer good, solid Capistrano Unified is the 11th largest. Argu- for school construction, local districts which quality education. As our seniors move out, ably, however, it is the fastest growing. This venture into the local bond arena are shack- a family with young children moves in living year alone, we realized an enrollment of led with an unrealistic and usually unattain- close to their work-place. We are also faced 40,115, up from 37,431, our 1996–97 enrollment. able obstacle: overcoming a situation where with extended families and multiple families This one-year increase in enrollment which one negative vote counts double what a posi- living in one home or apartment. Come this could fill six elementary schools, three mid- tive vote does. July we will be out of space again as 1,000 March 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E479 more students arrive on our school house diately—double sessions. Although finan- a bold step forward, moving the federal gov- steps. What will we do? cially the cost is insignificant, what will the ernment into a new role in assisting local Up until now, Anaheim has coped well with cost be to our families? to our community? authorities to respond to school overcrowd- its problems—maybe too well. Each new to the future of our children? Those costs ing and deteriorated school buildings in ac- wave of enrollment led to using a new band- cannot be measured. The impact is too great! cordance with locally-designed initiatives. aid that fixed the problem temporarily. (The When one session of children begins school at That legislation was introduced in both year-round band-aid had to be applied sev- sun up and the other session leaves at sun Houses of the Congress—in the House of Rep- eral times. The portable classroom band-aid down, what becomes of the family? Will the resentatives by Representative Nita Lowey continues to be applied.) Right now—our 1st Girl Scout Troop or Boy Scout Troop re- of New York and in the Senate by Senator aid kit is empty—no more Band-Aids and we schedule their meetings to be held at 8:00 at Carol Moseley-Braun of Illinois. We deeply are bleeding badly. At the very least, we night or how about eight o’clock in the appreciated their leadership and that shown need major surgery and possibly CPR. morning? What about soccer or baseball by both of you in working to gain strong sup- The Anaheim School Board responded im- teams? Will the dance teacher offer morning port within the Congress for the plan. Unfor- mediately to the 911 calls from the commu- classes? I think the costs of double sessions tunately, during last summer’s bipartisan nity by placing on the April 1998 ballot a $48 are too great! negotiations which led to the historic budget million school bond measure for new school Our children’s future is everyone’s respon- agreement subsequently adopted by the Con- construction and reconstruction of our exist- sibility from the custodian to the super- gress and signed by the President, in spite of ing sites. We were given the opportunity to intendent, from the superintendent to the strong support by the Administration, it help! A committee of parents, community mayor, from the mayor to the governor, and proved impossible to include the school con- members, teachers, and business leaders from the governor to the President. Passage struction initiative within the agreed upon have been working countless hours to edu- of a local bond will still not provide enough budgetary framework. While the budget cate residents about the problems within our funds to close the gap that spreads wider and package made very significant investments schools and the need for a solution; to carry wider over the years. State matching funds in education, the absence of the school con- the message that WE NEED CLASSROOMS will help and federal tax incentives for sub- struction proposal was a major disappoint- and we need to repair the ones we already urban schools are essential. Provide us with ment. Since that time, Secretary Riley and have. All of the schools in Anaheim are at the life line we need to keep us from using the President have made clear their intent least 30 years old with plumbing, electrical any more Band-Aids from our first aid kit. to continue to seek ways to finance a school and sewer systems that need upgrading or re- construction initiative, and that has been a placing. If a generous business in Anaheim priority in the development of the Fiscal donated computers to all our classrooms, we STATEMENT BY ASSISTANT SECRETARY OF Year 1999 budget which will be released on would not be able to use them. Our electrical EDUCATION FOR LEGISLATION SCOTT S. February 2. systems do not have the capacity to handle FLEMING Before moving on, I want to make sure to today’s technology. What about the tech- Representative Sanchez, Minority Leader emphasize that last year’s budget agreement nology of the future? We want our children Gephardt. First, I want to thank you Con- included an important Congressional initia- to continue to be able to compete on the gresswoman, for calling this important tive that focuses on the need to help school’s world market. We should have a world class Forum, and extend my appreciation to you, serving at least 35% students eligible for free educational system in Anaheim to match the Congressman Gephardt, for taking the time and reduced priced lunches under the Depart- world class entertainment complex in our to be here to join us in making a very simple ment of Agriculture’s school lunch program. backyard. Our teachers and administrators point: there is a critical need, here in Cali- That proposal, originated by Representative should focus on providing the best edu- fornia and across the nation, to address com- Rangel of New York, the senior Democratic cational program for our children. They pelling school infrastructure needs. member of the House Committee on Ways shouldn’t have to worry about our constant Whether you are here in California with and Means, provides $800 million in special lack of facilities and problems with space. As the fastest growing school enrollments in bonding authority to make available inter- a community and as a country we should be the nation or in the nation’s rust belt where est-free capital for startup costs—including able to provide the foundation to build a all too often schools have deteriorated to the rehabilitation or repair, equipment pur- powerful educational institution. Our point where they pose serious safety threats chases, and development of course materials schools should not be dealing with Band-Aids to their students, this nation shares an ur- and training expenses—for special schools or and should not worry about where to put the gent need to build and renovate school build- programs within schools. That $800 million next tourniquet. ings to serve students today and into the in financing is available in two installments, Passage of the school bond will ease our next century. In June of 1996, the General $400 million in the current tax year and $400 pain to a degree, but we still need your help. Accounting Office issued a report which million in tax year 1999. That important as- This bond will allow Anaheim schools to ac- found a backlog of over $111 billion in repairs sistance for public education is being admin- cess state school funding when it becomes and improvements to school facilities na- istered by the Department of the Treasury available. The Governor has proposed a $2 tionwide. At the same time, the National which last month released regulations to im- billion statewide bond providing additional Center for Education Statistics projects that plement the new authority. Under the allo- matching funds for the schools. With that school enrollment will increase from 51.7 to cations determined by the Treasury Depart- money we come closer to actually solving 54.6 million between 1996 and 2006. Simply to ment, $112.7 million of that interest-free cap- some of our housing problems. Federal as- hold our own and maintain current class ital will be available to meet needs right sistance in the form of tax free bonds as pro- sizes, that growth in number of students will here in California. I know that both of you posed by H.R. 2695 would move us along to- require over 6,000 more schools than existed have been supportive of the Rangel program ward actually healing our housing in 1996. Here in California, the 1996 enroll- and that, you, Congresswoman Sanchez, have ‘‘wounds.’’ Funds ‘‘freed’’ by H.R. 2695 pro- ment which had been projected to be over 5.8 introduced your own legislation, the ‘‘Ex- vide our district with the ability to repair a million is anticipated to reach nearly 6.9 pand and Rebuild America’s Schools Act,’’ sinking playground, renovate an entire million in 2006—more than one million new which expands upon that new approach and school, build a lunch structure, or replace students. Again, without even taking into focuses it on construction and the pressing old blackboards in all of our classrooms. The account efforts to reduce class sizes, that needs facing Orange County and similar com- possibility exists of coupling the funds for would necessitate more than 40,000 new munities around the nation. Your initiative new school construction and matching it classrooms in California within a decade. We is an important and valuable contribution to with state funds as well. Our children would should make no mistake about the fact that, the work that is underway to ensure that benefit twice as much. with all of the talk about meeting the na- real help is provided by the federal govern- We cannot do it alone. We need your help. tion’s infrastructure needs—highways, air- ment to meet this need. We need you to recognize the problems and ports and the like, failure to also address the Earlier witnesses today have made very work with us to solve them. When we pull to- school infrastructure needs of this nation clear the real-life impact of school over- gether—local communities, the state and the will have a serious impact not only on the crowding on their lives. As the parent of a federal government, we will only produce a individual lives of millions of American stu- teenager who spent his fifth grade in a port- stronger educational system. We will be able dents, but also on our nation’s future eco- able classroom in a Virginia public school, I to utilize all of our assets to the maximum. nomic prosperity. can personally relate to much of what those We will succeed in investing in the future of As you well know, in the summer of 1996, individuals had to say. When students are our children. We will communicate to the President Clinton proposed a major initia- left to learn in overcrowded or antiquated fa- world that we value our children and their tive to assist localities in addressing this cilities, when their schedules are set to fill education. critical need. He proposed a $5 billion pack- available space, not to structure the learning If indeed the emergency crews do not ar- age designed to leverage, by ‘‘buying down’’ experience at optimal times for those young rive in time, if indeed our bond measure does interest rates on local school bonds, $20 bil- students, the challenge of preparing young not pass, if indeed the governor’s statewide lion in school infrastructure improvements minds for success in the twenty-first century bond or H.R. 2695 does not pass, there is yet across the nation over a four year period. We is made tremendously more difficult. Just one alternative left to try. I need to be hon- realized at the time we made that proposal last week, Secretary Riley visited a school in est. It does not cost much money and will that it would not be an instant or complete Los Angeles with your colleague, Congress- double the capacity of our schools imme- solution to this critical situation, but it was woman Juanita Millender-McDonald. When E480 CONGRESSIONAL RECORD — Extensions of Remarks March 25, 1998 they arrived, an unexpected fire-drill was un- Secretary Riley will be working closely to- long distance market is being systematically derway. None of us would deny the impor- gether to impress upon your colleagues in eliminated. tance of knowing how to quickly evacuate a the Congress the importance of moving for- school building, but this fire-drill was not for ward, in partnership with local school dis- For the past two years the FCC has de- that purpose. It had been triggered by wiring tricts—like the Anaheim City School Dis- tracted from the process and has not assisted that had been damaged as a result of a leak trict, Santa Ana Unified, and others in this in making local telecommunication competition in the school’s roof. The result was lost time area—to put in place a serious, but fiscally in a school day. Any teacher, any principal responsible approach to meeting these com- a reality. can tell you that such unnecessary exercises pelling needs. Balancing the budget is not an Some long distance companies have been are distracting and disruptive and that los- end in and of itself. Instead, now that we are quoted publicly as saying that they are going ing a block of time like that is not easily re- on target to meeting that goal, we must claimed. That unnecessary fire drill robbed work together to ensure that essential in- to ignore the local residential market because hundreds of young students of important vestments are made that will enable our of the limited revenue it produces. Meanwhile, learning time. The same is true when stu- economy to grow. Educating those who will they have pursued with great zeal local busi- dents have to take added time over and over be the economic brainpower of the next cen- ness markets. again in a school day to move from portable tury ranks at the top of those investments, classrooms to other school activities. and, as I said earlier, the task of educating Why has the FCC ignored these factors? All of this takes on added importance as all young people to high standards is made The Regional Bell Companies are not offering we seek to maximize the tremendous poten- much more difficult when they are forced to long distance service today because of the tial that technology holds to broaden and learn in overcrowded or structurally defi- FCC's misinterpretation of the 1996 Tele- strengthen education in America. This cient environments. month, as a result of changes enacted by the The task of the Congress and the Adminis- communications Law. The FCC continues to Congress in the Telecommunications Act, tration this year will be to ensure that the reject approved recommendations from states schools and libraries across this nation be- federal government does its part. Legislation suggesting the absence of competition in local come eligible to benefit from reduced rates will be on the table with Administration sup- for accessing the Internet. Those resources markets. That is not correct. Competition is port. We need to work together to move that can assist both with readying schools to legislation into law. out there. Why has it been overlooked? bring computers on line and in covering the monthly access charges that schools will f The FCC should take off its dark glasses need to build into their operating budgets. and open its eyes to the intense competition These reduced rates, known as the E-Rate, COMPETITION IN THE LONG in the local market. The Bells shouldn't be offer tremendous opportunities to young DISTANCE MARKETS kept out of the long distance market because Americans. But the fact of the matter is that school facilities have to be up to the task. of business decisions made by their potential Inadequate wiring systems and overcrowding HON. CARRIE P. MEEK competitors. The Bells have made a good faith alike can severely limit or even preclude al- OF FLORIDA effort to open the market and judging from the together schools’ ability to take advantage IN THE HOUSE OF REPRESENTATIVES amount of local business competition, they've of the opportunities that technology makes Wednesday, March 25, 1998 possible. succeeded. They deserve entry into the long As this Forum comes to a close and you Mrs. MEEK of Florida. Mr. Speaker, I don't distance market. head back to Washington, I know you and understand why a potential key player in the March 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E481 SENATE COMMITTEE MEETINGS Appropriations 2:00 p.m. Commerce, Justice, State, and the Judici- Appropriations Title IV of Senate Resolution 4, ary Subcommittee Labor, Health and Human Services, and agreed to by the Senate on February 4, To hold hearings on proposed budget es- Education Subcommittee 1977, calls for establishment of a sys- timates for fiscal year 1999 for the De- To hold hearings on proposed budget es- tem for a computerized schedule of all partment of Justice’s counterterrorism timates for fiscal year 1999 for the Na- meetings and hearings of Senate com- programs. tional Institutes of Health, Depart- mittees, subcommittees, joint commit- SD–192 ment of Health and Human Services. tees, and committees of conference. Labor and Human Resources SD–124 This title requires all such committees To hold hearings to examine issues relat- Energy and Natural Resources to notify the Office of the Senate Daily ing to charter schools. National Parks, Historic Preservation, and Digest—designated by the Rules Com- SD–430 Recreation Subcommittee Veterans’ Affairs To hold hearings on titles I, II, III, and V mittee—of the time, place, and purpose To hold hearings to examine tobacco-re- of the meetings, when scheduled, and of S. 1693, to renew, reform, reinvigo- lated compensation and associated rate, and protect the National Park any cancellations or changes in the issues. meetings as they occur. System. SD–106 SD–366 As an additional procedure along 10:30 a.m. with the computerization of this infor- Appropriations APRIL 2 mation, the Office of the Senate Daily Foreign Operations Subcommittee To hold hearings on proposed budget es- 9:00 a.m. Digest will prepare this information for Agriculture, Nutrition, and Forestry printing in the Extensions of Remarks timates for fiscal year 1999 for foreign assistance programs, focusing on the To hold hearings on S. 1323, to regulate section of the CONGRESSIONAL RECORD Caspian energy program. concentrated animal feeding oper- on Monday and Wednesday of each SD–124 ations for the protection of the envi- week. 2:00 p.m. ronment and public health. Meetings scheduled for Thursday, Foreign Relations SR–332 March 26, 1998, may be found in the Near Eastern and South Asian Affairs Sub- 9:30 a.m. Daily Digest of today’s RECORD. committee Energy and Natural Resources To hold hearings to examine the eco- To hold hearings to examine the status MEETINGS SCHEDULED nomic and political situation in India. of Puerto Rico. SD–419 SH–216 MARCH 30 10:00 a.m. 2:00 p.m. APRIL 1 Appropriations Governmental Affairs 8:00 a.m. Transportation Subcommittee To hold hearings on the nominations of Labor and Human Resources To hold hearings to examine airline Elaine D. Kaplan, of the District of Co- Business meeting, to mark up S. 1754, to ticketing practices. lumbia, to be Special Counsel, Office of consolidate and authorize funds for SD–138 Special Counsel, and Ruth Y. Goldway, health professions and minority and 2:00 p.m. of California, to be a Commissioner of disadvantaged health professions and Judiciary the Postal Rate Commission. disadvantaged health education pro- Administrative Oversight and the Courts SD–342 grams, proposed legislation authorizing Subcommittee funds for programs of the Higher Edu- Business meeting, to consider pending MARCH 31 cation Act, and to consider pending calendar business. 9:30 a.m. nominations. SD–226 Armed Services SD–430 Strategic Forces Subcommittee 9:30 a.m. APRIL 21 To resume hearings on proposed legisla- Appropriations 10:30 a.m. tion authorizing funds for fiscal year Interior Subcommittee Appropriations 1999 for the Department of Defense and To hold hearings on proposed budget es- Foreign Operations Subcommittee the future years defense program, fo- timates for fiscal year 1999 for the De- To hold hearings on proposed budget es- cusing on strategic nuclear policy and partment of the Interior. related matters. timates for fiscal year 1999 for foreign SD–124 assistance, focusing on crime pro- SR–222 Indian Affairs grams. Commerce, Science, and Transportation Business meeting, to mark up S. 1797, to Room to be announced Business meeting, to mark up proposed reduce tobacco use by Native Ameri- legislation to reform and restructure cans and to make the proposed tobacco APRIL 22 the process by which tobacco products settlement applicable to tobacco-relat- are manufactured, marketed, and dis- ed activities on Indian lands, and S. 9:30 a.m. tributed, to prevent the use of tobacco 1279, proposed Indian Employment Indian Affairs products by minors, and to redress the Training and Related Services Dem- To hold oversight hearings on Title V adverse health effects of tobacco use. onstration Act; to be followed by hear- amendments to the Indian Self-Deter- SR–253 ings on proposed legislation to revise mination and Education Assistance Energy and Natural Resources the Indian Gaming Regulatory Act of Act of 1975. To hold hearings on S. 1100, to amend the SR–485 Covenant to Establish a Common- 1988. 10:00 a.m. wealth of the Northern Mariana Islands SH–216 Appropriations in Political Union with the United 10:00 a.m. States of America, the legislation ap- Appropriations Defense Subcommittee proving such covenant, and S. 1275, to Defense Subcommittee To hold hearings on proposed budget es- implement further the Act (Public Law To hold hearings on proposed budget es- timates for fiscal year 1999 for the De- 94–241) approving the Covenant to Es- timates for fiscal year 1999 for Depart- partment of Defense, focusing on the tablish a Commonwealth of the North- ment of Defense medical programs. Ballistic Missile Defense program. ern Mariana Islands in Political Union SD–192 SD–192 with the United States of America. Judiciary SH–216 Antitrust, Business Rights, and Competi- APRIL 23 10:00 a.m. tion Subcommittee 9:30 a.m. Appropriations To hold hearings to examine competition Appropriations Agriculture, Rural Development, and Re- and concentration in the cable and VA, HUD, and Independent Agencies Sub- lated Agencies Subcommittee video markets. committee SD–226 To hold hearings on proposed budget es- To hold hearings on proposed budget es- timates for fiscal year 1999 for the 1:30 p.m. timates for fiscal year 1999 for the Na- Commodity Futures Trading Commis- Environment and Public Works tional Aeronautics and Space Adminis- sion and the Food and Drug Adminis- To hold hearings to examine how tobacco tration. tration. smoke affects environmental air. SD–138 SD–406 SD–138 E482 CONGRESSIONAL RECORD — Extensions of Remarks March 25, 1998 Appropriations MAY 5 and protect the National Park System, Interior Subcommittee 10:30 a.m. and S. 1614, to require a permit for the To hold hearings on proposed budget es- Appropriations making of motion picture, television timates for fiscal year 1999 for the For- Foreign Operations Subcommittee program, or other forms of commercial est Service, Department of Agri- To hold hearings on proposed budget es- visual depiction in a unit of the Na- culture. timates for fiscal year 1999 for foreign tional Park System or National Wild- SD–124 assistance programs. life Refuge System. 10:30 a.m. Room to be announced SD–366 Appropriations OCTOBER 6 Foreign Operations Subcommittee MAY 6 To hold hearings on proposed budget es- 10:00 a.m. 9:30 a.m. timates for fiscal year 1999 for foreign Appropriations Veterans’ Affairs assistance programs, focusing on infec- Defense Subcommittee To hold joint hearings with the House tious diseases. To hold hearings on proposed budget es- Committee on Veterans Affairs on the legislative recommendations of the SD–192 timates for fiscal year 1999 for the De- partment of Defense, focusing on the American Legion. 345 Cannon Building APRIL 28 U.S. Pacific Command. SD–192 10:30 a.m. CANCELLATIONS Appropriations MAY 7 Foreign Operations Subcommittee 9:30 a.m. MARCH 31 To hold hearings on proposed budget es- Appropriations 2:30 p.m. timates for foreign assistance pro- VA, HUD, and Independent Agencies Sub- Energy and Natural Resources grams, focusing on Bosnia. committee Water and Power Subcommittee Room to be announced To hold hearings on proposed budget es- To hold hearings on S. 1515, to amend timates for fiscal year 1999 for the Na- Public Law 89–108 to increase author- APRIL 29 tional Science Foundation, and the Of- ization levels for State and Indian trib- 9:30 a.m. fice of Science and Technology. al, municipal, rural, and industrial Indian Affairs SD–138 water supplies, to meet current and fu- To resume hearings to examine Indian 2:00 p.m. ture water quantity and quality needs gaming issues. Energy and Natural Resources of the Red River Valley, to deauthorize Room to be announced National Parks, Historic Preservation, and certain project features and irrigation 10:00 a.m. Recreation Subcommittee service areas, and to enhance natural To hold hearings on titles VI, VII, VIII, resources and fish and wildlife habitat. Appropriations and XI of S. 1693, to renew, reform, re- SD–366 Defense Subcommittee invigorate, and protect the National To hold hearings on proposed budget es- Park System. APRIL 1 timates for fiscal year 1999 for the De- SD–366 partment of Defense, focusing on Bos- 2:30 p.m. Judiciary nian assistance. MAY 11 SD–192 Immigration Subcommittee 2:00 p.m. Business meeting, to consider pending Appropriations calendar business. APRIL 30 Defense Subcommittee SD–226 9:30 a.m. To hold hearings on proposed budget es- Appropriations timates for fiscal year 1999 for the De- VA, HUD, and Independent Agencies Sub- partment of Defense. POSTPONEMENTS committee SD–192 To hold hearings on proposed budget es- MARCH 26 timates for fiscal year 1999 for the MAY 13 2:00 p.m. Envrionmental Protection Agency, and 10:00 a.m. Governmental Affairs the Council on Environmental Quality. Appropriations Oversight of Government Management, Re- SD–138 Defense Subcommittee structuring and the District of Colum- 2:00 p.m. To hold hearings on proposed budget es- bia Subcommittee Energy and Natural Resources timates for fiscal year 1999 for the De- To hold hearings to examine the Govern- National Parks, Historic Preservation, and partment of Defense. ment management of electromagnetic Recreation Subcommittee SD–192 spectrum. To hold hearings on title IV of S. 1693, to SD–342 renew, reform, reinvigorate, and pro- MAY 14 tect the National Park System, and S. 2:00 p.m. APRIL 1 624, to establish a competitive process Energy and Natural Resources 9:30 a.m. for the awarding of concession con- National Parks, Historic Preservation, and Indian Affairs tracts in units of the National Park Recreation Subcommittee To hold oversight hearings on barriers to System. To hold hearings on titles IX and X of S. credit and lending in Indian country. SD–366 1693, to renew, reform, reinvigorate, SR–48 Wednesday, March 25, 1998 Daily Digest

HIGHLIGHTS House Committees ordered reported 8 sundry measures. Senate priations to fund incremental costs of contingency Chamber Action operations in Bosnia. (By a 92 yeas to 8 nays Routine Proceedings, pages S2505–S2586 (Record Vote No. 41), Senate tabled the amend- Measures Introduced: Eight bills and one resolu- ment.) Pages S2514, S2529±32 tion were introduced, as follows: S. 1856–1863 and Nickles Amendment No. 2131 (to Amendment S. Con. Res. 87. Pages S2569±70 No. 2123), to ensure that additional funding for the Federal Emergency Management Agency does not re- Measures Passed: duce the unified budget surplus. (By 68 yeas to 31 Enrollment Correction: Senate passed S. Con. Res. nays (Vote No. 42), Senate tabled the amendment.) 87, to correct the enrollment of S. 419. Page S2585 Pages S2538±43 Emergency Supplemental Appropriations: Senate Pending: continued consideration of S. 1768, making emer- McConnell Modified Amendment No. 2100, to gency supplemental appropriations for recovery from provide supplemental appropriations for the Inter- natural disasters, and for overseas peacekeeping ef- national Monetary Fund for the fiscal year ending forts, for the fiscal year ending September 30, 1998, September 30, 1998. Page S2506 taking action on amendments proposed thereto, as Stevens (for Nickles) Amendment No. 2120, to follows: Pages S2506±63 strike certain funding for the Health Care Financing Adopted: Administration. Pages S2514±24, S2526±27, S2529 Domenici Amendment No. 2124, Domenici/ Enzi Amendment No. 2133, to prohibit the Sec- Bingaman Amendment No. 2124, relating to the retary of the Interior from promulgating certain reg- Petroglyph National Monument in New Mexico. ulations relating to Indian gaming activities. Page S2525 Pages S2553±54, S2556±60 Bond Amendment No. 2122, to provide emer- Bumpers Amendment No. 2134, to express the gency community block grant funding to assist sense of the Senate that of the rescissions, if any, States in recovering from natural disasters occurring which Congress makes to offset appropriations made in Fiscal Year 1998. Pages S2524, S2532±36 for emergency items in the Fiscal Year 1998 supple- Bond/Mikulski Amendment No. 2123, to provide mental appropriations bill, defense spending should additional funding for disaster relief to aid disaster- be rescinded to offset increases in spending for de- stricken States. Pages S2524±26, S2536±43 fense programs. Pages S2560±61 Wellstone Modified Amendment No. 2128, to Robb Amendment No. 2135, to reform agricul- provide for an Advisory Committee on International tural credit programs of the Department of Agri- Monetary Policy. Pages S2525±26, S2554±56 culture. Pages S2561±63 By 90 yeas to 10 nays (Vote No. 43), Helms Withdrawn: Amendment No. 2130, to express the sense of the Hutchison Amendment No. 2083, to express the Senate that the United Nations should recognize the sense of the Congress that the President and Con- generous support of United States taxpayers towards gress should create the conditions for a withdrawal international peace and security. by a date certain of U.S. ground combat forces in Pages S2543±53, S2561 the territory of the Republic of Bosnia and Rejected: Herzegovina. Pages S2507±14 Feingold Amendment No. 2121, to remove the Faircloth Amendment No. 2103, to establish an emergency designation for the supplemental appro- Education Stabilization Fund to make loans to States D299 D300 CONGRESSIONAL RECORD — DAILY DIGEST March 25, 1998 for constructing and modernizing elementary and AUTHORIZATION—DEFENSE secondary schools. Pages S2527±32 Committee on Armed Services: Subcommittee on Airland Gregg Amendment No. 2129 (to Amendment Forces resumed hearings on proposed legislation au- No. 2103), to provide for a reservation of funds for thorizing funds for fiscal year 1999 for the Depart- activities under part B of the Individuals with Dis- ment of Defense and the future years defense pro- abilities Education Act. (The amendment fell when gram, focusing on tactical aviation modernization, Amendment No. 2123, listed above, was withdrawn. receiving testimony from John Douglass, Assistant Pages S2527±28, S2530±32 Secretary of the Navy for Research, Development and Wellstone Amendment No. 2125, to encourage Acquisition; Arthur Money, Assistant Secretary of reform of International Monetary Fund policies. the Air Force for Acquisition; Philip Coyle, Director, Pages S2525±26, S2552 Operational Test and Evaluation, Office of the Sec- Wellstone Amendment No. 2126, to express the retary of Defense; and Louis Rodrigues, Director, sense of Congress that the Government of Indonesia Defense Acquisitions, General Accounting Office. should release Muchtar Pakpahan from prison and Subcommittee recessed subject to call. have all criminal charges against him dismissed. Pages S2525±26, S2552 NOMINATION Wellstone Amendment No. 2127, to encourage Committee on Banking, Housing, and Urban Affairs: the International Monetary Fund to require burden- Committee concluded hearings on the nomination of sharing by private creditors. Pages S2525±26, S2552 Arthur Levitt Jr., of New York, to be a Member of Senate will continue consideration of the bill on the Securities and Exchange Commission, after the Thursday, March 26, 1998. nominee, who was introduced by Senator Moynihan, testified and answered questions in his own behalf. Messages From the House: Pages S2567±68 TELECOMMUNICATIONS Measures Referred: Page S2568 Committee on Commerce, Science, and Transportation: Sub- Petitions: Pages S2568±69 committee on Communications held hearings on the Statements on Introduced Bills: Pages S2570±74 implementation of Section 271 of the Telecommuni- Additional Cosponsors: Pages S2574±75 cations Act (P.L. 104–104), relating to the applica- tion process for local telephone companies desiring Amendments Submitted: Pages S2575±79 to provide long distance service, and S. 1766, to per- Authority for Committees: Pages S2579±80 mit Bell operating companies to provide interstate Additional Statements: Pages S2580±82 and intrastate telecommunications services, receiving testimony from William E. Kennard, Chairman, and Record Votes: Three record votes were taken today. Susan Nell, Harold W. Furchtgott-Roth, Michael K. (Total—430) Pages S2531±32, S2542±43, S2561 Powell, and Gloria Tristani, each a Commissioner, Adjournment: Senate convened at 9:30 a.m., and all of the Federal Communications Commission; Jay adjourned at 7:33 p.m., until 9:30 a.m., on Thurs- A. Blossman, Louisiana Public Service Commission, day, March 26, 1998. (For Senate’s program, see the Mandeville; Pat Wood, Public Utilities Commission remarks of the Acting Majority Leader in today’s of Texas, Austin; Anne K. Bingaman, LCI Local Record, on page S2586.) Services Division, McLean, Virginia; Sid Boren, BellSouth Corporation, Atlanta, Georgia; Lisa Rosenblum, Cablevision Systems Corporation, Committee Meetings Woodbury, New York; William E. Taylor, National (Committees not listed did not meet) Economic Research Associates, Inc., Cambridge, Massachusetts; and John Windhausen, Jr., Competi- PERSIAN GULF tion Policy Institute, Washington, D.C. Hearings were recessed subject to call. Committee on Armed Services: Committee concluded hearings to examine the United States strategy in LAND EXCHANGE AND BOUNDARY the Persian Gulf, after receiving testimony from Paul ADJUSTMENTS Wolfowitz, Johns Hopkins University Paul H. Nitze Committee on Energy and Natural Resources: Sub- School of Advanced International Studies, former committee on Forests and Public Land Management Under Secretary of Defense for Policy, and Anthony concluded hearings on S. 890, to dispose of certain H. Cordesman, Georgetown University Center for Federal properties located in Dutch John, Utah, to Strategic and International Studies, both of Wash- assist the local government in the interim delivery ington, D.C.; and David A. Kay, Science Applica- of basic services to the Dutch John community, S. tions International Corporation, McLean, Virginia. 1109, to make a minor adjustment in the exterior March 25, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D301 boundary of the Devils Backbone Wilderness in the and Matt Bloom, Kennedy Meadows Pack Station Mark Twain National Forest, Missouri, to exclude a and Resort, on behalf of the Tuolumne County small parcel of land containing improvements, S. Sportsmen’s Association, both of Sonora, California; 1468, to provide for the conveyance of one acre of Steve Brougher, Wilderness Watch, Twain Harte, land from the Santa Fe National Forest to the Vil- California; and Loenzo Valdez, Espanola, New Mex- lage of Jemez Springs, New Mexico, as the site of ico. a fire sub-station, S. 1469, to provide for the expan- AUTHORIZATION—SUPERFUND sion of the historic community cemetery of El Rito, New Mexico, through the special designation of five Committee on Environment and Public Works: Commit- acres of Carson National Forest adjacent to the ceme- tee continued markup of S. 8, to revise and authorize tery, S. 1510, to convey certain lands to the county funds for fiscal year 1998 through 2002 for pro- of Rio Arriba, New Mexico, S. 1683, to transfer ad- grams of the Comprehensive Environmental Re- ministrative jurisdiction over part of the Lake Chelan sponse, Liability, and Compensation Act (Superfund), National Recreation Area in the State of Washington but did not complete action thereon, and will con- from the Secretary of the Interior to the Secretary of tinue tomorrow. Agriculture for inclusion in the Wenatchee National ECONOMIC SANCTIONS REFORM Forest, S. 1719, to provide for the exchange of land and other assets including certain timber harvest Committee on Foreign Relations: Subcommittee on rights with the Big Sky Lumber Company for inclu- International Economic Policy, Export and Trade sion in the Gallatin National Forest and Deerlodge Promotion held hearings on S. 1413, to provide a National Forest in the State of Montana, S. 1752, to framework for consideration by the legislative and convey certain administrative sites and use the pro- executive branches of unilateral economic sanctions, ceeds for the acquisition of office sites and the acqui- receiving testimony from Senator Lugar; Representa- sition, construction, or improvement of offices and tive Hamilton; Clayton K. Yeutter, Hogan & support buildings for the Coconino National Forest, Hartson, former U.S. Trade Representative and Kaibab National Forest, Prescott National Forest, former Secretary of Agriculture, and William C. and Tonto National Forest in Arizona, S. 1807, to Lane, Caterpillar Inc., on behalf of USA Engage, transfer administrative jurisdiction over certain par- both of Washington, D.C.; Dean Kleckner, Des cels of public domain land in Lake County, Oregon, Moines, Iowa, on behalf of the American Farm Bu- to facilitate management of the land, H.R. 1439, to reau Federation; and Kenneth Roth, Human Rights facilitate the sale of certain land in Tahoe National Watch, New York, New York. Forest in the State of California to Placer County, Hearings were recessed subject to call. California, and H.R. 1663, to clarify the intent of GOVERNMENT SECRECY ACT the Congress in Public Law 93–632 to require the Committee on Governmental Affairs: Committee con- Secretary of Agriculture to continue to provide for cluded hearings on S. 712, to provide for a system the maintenance of 18 concrete dams and weirs that to classify information in the interests of national se- were located in the Emigrant Wilderness at the time curity and a system to declassify such information, the wilderness area was designated as wilderness in after receiving testimony from Edmund Cohen, Di- that Public Law, after receiving testimony from Sen- rector of Information Management, Central Intel- ators Bennett and Baucus; Representative Doolittle; ligence Agency; J. William Leonard, Director of Se- Eleanor Towns, Director of Lands Staff, Forest Serv- curity Programs, Office of the Assistant Secretary of ice, Department of Agriculture; Steven Richardson, Defense for Command, Control, Communications, Director, Office of Policy and External Affairs, Bu- and Intelligence; A. Bryan Siebert, Director, Office reau of Reclamation, Department of the Interior; of Declassification, Office of Nonproliferation and Chad Reed, Daggett County Commission, Milila, National Security, Department of Energy; Steven Utah; Deborah Sliz, on behalf of the Colorado River Garfinkel, Director, Information Security Oversight Energy Distributors Association, and Michael A. Office, National Archives and Records Administra- Francis, Wilderness Society, both of Washington, tion; T. Jeremy Gunn, Executive Director and Gen- D.C.; Mike Atwood, RY Timber Company, Living- eral Counsel, John F. Kennedy Assassination Records ston, Montana; Kurt Alt, Montana Department of Review Board; and Steven Aftergood, Federation of Fish, Wildlife and Parks, Helena; Michael Scott, American Scientists, Washington, D.C. Greater Yellowstone Coalition, and Vito Quatrero, Headwaters Fish and Game Association, Inc., both of U.S. FLAG PROTECTION Bozeman, Montana; Kevin Kelleher, Citizens of Gal- Committee on the Judiciary: Subcommittee on the Con- latin Canyon, Big Sky, Montana; Ken Marks, stitution, Federalism, and Property Rights concluded Tuolumne County Board of Supervisors/District 3, hearings to examine the tradition and importance of D302 CONGRESSIONAL RECORD — DAILY DIGEST March 25, 1998 protecting the United States Flag, and S.J. Res. 40, Fein, McLean, Virginia; Stan Tiner, Mobile, Ala- proposing an amendment to the Constitution of the bama; and Keith A. Kreul, Fennimore, Wisconsin. United States authorizing Congress to prohibit the FEDERAL ELECTION COMMISSION physical desecration of the flag of the United States, after receiving testimony from Wisconsin State Sen- Committee on Rules and Administration: Committee ator Roger Breske, Madison; Idaho Attorney General concluded hearings on proposed legislation authoriz- Alan G. Lance, Sr., Boise; Stephen B. Presser, North- ing funds for fiscal year 1999 for the Federal Elec- western University School of Law, Chicago, Illinois; tion Commission, after receiving testimony from Robert Justin Goldstein, Oakland University, Roch- Scott E. Thomas, Vice Chairman, and Lee Ann El- ester, Michigan; Adrian Cronauer, Burch & liott, Commissioner, both of the Federal Election Commission. Cronauer, Washington, D.C.; Patrick H. Brady, Citi- zens Flag Alliance, Sumner, Washington; Rose E. INTELLIGENCE Lee, Gold Star Wives of America, Arlington, Vir- Select Committee on Intelligence: Committee held closed ginia; Mary Frost, Selective Learning Network, Kan- hearings on intelligence matters, receiving testimony sas City, Missouri; Francis J. Sweeney, Steamfitters from officials of the intelligence community. Local Union 449, Pittsburgh, Pennsylvania; Bruce Committee will meet again tomorrow. h House of Representatives paperwork requirements, and to establish a task force Chamber Action to examine the feasibility of streamlining paperwork Bills Introduced: 13 public bills, H.R. 3545–3557; requirements applicable to small businesses (H. and 3 resolutions, H. Con. Res. 250 and H. Res. Rept. 105–466); and 395, 397, were introduced. Pages H1549±50 H.R. 2400, to authorize funds for Federal-aid Reports Filed: Reports were filed as follows: highways, highway safety programs, and transit pro- H. Res. 393, providing for consideration of H.R. grams, amended (H. Rept. 105–467 Part 1). 3246, to assist small businesses and labor organiza- Pages H1548±49 tions in defending themselves against government Speaker Pro Tempore: Read a letter from the bureaucracy; to ensure that employees entitled to re- Speaker wherein he designated Representative instatement get their jobs back quickly; to protect Shimkus to act as Speaker pro tempore for today. the right of employers to have a hearing to present Page H1451 their case in certain representation cases; and to pre- Guest Chaplain: The prayer was offered by the vent the use of the National Labor Relations Act for guest Chaplain, the Reverend Henry Eisenhart of the the purpose of disrupting or inflicting economic American Legion. Page H1451 harm on employers (H. Rept. 105–463); H. Res. 394, providing for consideration of H.R. Sonny Bono Copyright Term Extension Act: The 2515, to address the declining health of forests on House passed H.R. 2589, to amend the provisions of Federal lands in the United States through a pro- title 17, United States Code, with respect to the du- gram of recovery and protection consistent with the ration of copyright. Pages H1458±83 requirements of existing public land management Agreed to: and environmental laws, to establish a program to The Coble amendment that makes technical inventory, monitor, and analyze public and private changes, specifies that the author’s executor or trust- forests and their resources (H. Rept. 105–464); ee shall own the entire termination interest in the H.R. 1023, to provide for compassionate pay- event that the author dies without heirs; and estab- ments with regard to individuals with blood-clotting lishes the assumption of certain contractual obliga- disorders, such as hemophilia, who contracted human tions related to residual payments in the case of a immunodeficiency virus due to contaminated blood transfer of copyright ownership in a motion picture; products (H. Rept. 105–465 Part 1); and Page H1466 H. Res. 396, providing for consideration of the The Sensenbrenner amendment that exempts cer- bill (H.R. 3310) to amend chapter 35 of title 44, tain music uses from copyright protection; provides United States Code, for the purpose of facilitating for arbitration of rate disputes involving performing compliance by small businesses with certain Federal rights societies; and prohibits vicarious liability with March 25, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D303 respect to landlords or any other person making on the death of the Honorable Steven Schiff, a Rep- space available to another party by contract (agreed resentative from the State of New Mexico. to by a recorded vote of 297 ayes to 112 noes, Roll Pages H1503±06 No. 69). Pages H1466±83 Amendments: Amendments ordered printed pursu- Rejected the McCollum amendment that sought ant to the rule appear on pages H1550–52. to provide a music licensing exemption for certain food service or drinking establishments (rejected by Quorum Calls—Votes: Four recorded votes devel- a recorded vote of 150 ayes to 259 noes, Roll No. oped during the proceedings of the House today and 68). Pages H1468±82 appear on pages H1481–82, H1482–83, H1500–01, The Clerk was authorized in the engrossment of and H1501–02. There were no quorum calls. the bill to insert ‘‘Sonny Bono’’ before ‘‘Copyright Adjournment: Met at 10:00 a.m. and pursuant to Term Extension Act’’ at each place it appears; and the provisions of H. Res. 395, adjourned at 10:48 the Clerk was authorized to correct section, numbers, p.m. as a further mark of respect to the memory of punctuation, cross references and to make such other the Honorable Steven Schiff. technical and conforming changes as may be nec- essary to reflect the actions of the House in amend- Committee Meetings ing the bill. Page H1483 Earlier, agreed to H. Res. 390, the rule that pro- RURAL AREAS—EFFECTS OF ELECTRIC vided for consideration of the bill by a voice vote. DEREGULATION Pages H1456±58 Committee on Agriculture: Subcommittee on Forestry, Visa Waiver Pilot Program: The House passed Resource Conservation, and Research held a hearing H.R. 2578, to amend the Immigration and Nation- on the effect of electric deregulation on rural areas. ality Act to extend the visa waiver pilot program, Testimony was heard from Wally B. Beyer, Admin- and to provide for the collection of data with respect istrator, Rural Utilities Service, USDA; and a public to the number of non immigrants who remain in the witness. United States after the expiration of the period of stay authorized by the Attorney General by a re- COMMERCE, JUSTICE, STATE, AND corded vote of 407 ayes with none voting ‘‘no’’, Roll JUDICIARY APPROPRIATIONS No. 71. Agreed to amend the title. Subsequently, S. Committee on Appropriations: Subcommittee on Com- 1178, a similar Senate-passed bill was passed after merce, Justice, State, and Judiciary held a hearing on being amended to contain the text of H.R. 2578, as the FCC and the Bureau of the Census. Testimony passed the House. Agreed to amend the title; and was heard from William E. Kennard, Chairman, H.R. 2578 was laid on the table. Pages H1484±H1503 FCC; and the following officials of the Department Agreed To: of Commerce: Lee Price, Under Secretary, Economic The Smith of Texas amendment, as modified, that Affairs; and James Holmes, Acting Director, Bureau extends the visa waiver pilot program from 1999 of the Census. until 2000; and Page H1492 ENERGY AND WATER DEVELOPMENT The Pombo amendment that increases the non- APPROPRIATIONS immigrant visa refusal rate from 2 percent to 3 per- cent (agreed to by a recorded vote of 360 ayes to 46 Committee on Appropriations: Subcommittee on Energy noes, Roll No. 70); Pages H1492±H1501 and Water Development held a hearing on the Bu- Earlier, agreed to H. Res. 391, the rule that pro- reau of Reclamation. Testimony was heard from the vided for consideration of the bill by a voice vote. following officials of the Department of the Interior: Pages H1483±84 Bruce Babbitt, Secretary; Patricia J. Beneke, Assist- ant Secretary, Water and Science; and Eluid L. Mar- Late Report—Transportation Reauthorization: tinez, Commissioner, Bureau of Reclamation. The Committee on Transportation and Infrastructure received permission to have until midnight on INTERIOR APPROPRIATIONS Wednesday, March 25 to file a report on H.R. 2400, Committee on Appropriations: Subcommittee on Interior to authorize funds for Federal-aid highways, highway held a hearing on the Bureau of Indian Affairs and safety programs, and transit programs. Also, agreed the Indian Health Service. Testimony was heard that the committee may file a supplemental report from Kevin Gover, Assistant Secretary, Indian Af- to the bill at any time before midnight on Friday, fairs; and Paul Homan, Special Trustee for American March 27. Page H1503 Indians, both with the Bureau of Indian Affairs; and Condolence Resolution: The House agreed to H. Michael H. Trujillo, Director, Indian Health Service, Res. 395, expressing the condolences of the House Department of Health and Human Services. D304 CONGRESSIONAL RECORD — DAILY DIGEST March 25, 1998 LABOR-HHS-EDUCATION FREEDOM FROM RELIGIOUS PERSECUTION APPROPRIATIONS ACT Committee on Appropriations: Subcommittee on Labor, Committee on International Relations: Ordered reported Health and Human Services, and Education held a amended H.R. 2431, Freedom From Religious Per- hearing on the National Cancer Institute and the secution Act of 1997. Secretary of Education. Testimony was heard from CONSTITUTIONAL AMENDMENT Richard D. Klausner, M.D., Director, National Can- PROCEDURES cer Institute, Department of Health and Human Services; and Richard W. Riley, Secretary of Edu- Committee on the Judiciary: Subcommittee on the Con- cation. stitution held a hearing on H.J. Res. 84, proposing an amendment to the Constitution of the United VA-HUD-INDEPENDENT AGENCIES States to provide a procedure by which the States APPROPRIATIONS may propose constitutional amendments. Testimony was heard from Representative Bliley; George Allen, Committee on Appropriations: Subcommittee on VA, former Governor, State of Virginia; and public wit- HUD, and Independent Agencies held a hearing on nesses. the Department of Housing and Urban Develop- ment. Testimony was heard from Andrew M. MISCELLANEOUS AMENDMENTS Cuomo, Secretary of Housing and Urban Develop- Committee on the Judiciary: Subcommittee on Crime ment. continued hearings on H.R. 1524, Rural Law En- forcement Assistance Act of 1997 and held a hearing MISCELLANEOUS MEASURES on H.R. 2829, Bulletproof Vest Partnership Grant Committee on Commerce: Ordered reported amended the Act of 1997. Testimony was heard from Laurie Rob- following bills: H.R. 1872, Communications Sat- inson, Assistant Attorney General, Office of Justice ellite Competition and Privatization Act of 1998; Programs, Department of Justice; and public wit- and H.R. 2691, National Highway Traffic Safety nesses. Administration Reauthorization Act of 1997. MISCELLANEOUS MEASURES Committee on Resources: Ordered reported the following NRC REAUTHORIZATION bills: H.R. 1522, amended, to extend the authoriza- Committee on Commerce: Subcommittee on Energy and tion for the National Historic Preservation; H.R. Power held a hearing on reauthorization of the NRC. 1833, amended, Tribal Self-Governance Amend- Testimony was heard from the following officials of ments of 1997; S. 231, National Cave and Karst Re- the NRC: Shirley Ann Jackson, Chairman; Nils J. search Institute Act; H.R. 3069, Advisory Council Diaz, Greta Joy Dicus, and Edward McGaffigan, Jr., on California Indian Policy Act of 1997; and H.R. all Commissioners. 3297, amended, to suspend the continued develop- ment of a roadless area policy on public domain DEPARTMENT OF LABOR’S DENIAL OF units and other units of the National Forest System EMPLOYMENT SERVICE FUNDS TO STATES pending adequate public participation and deter- Committee on Education and the Workforce: Subcommit- minations that a roadless area policy will not ad- tee on Oversight and Investigations held a hearing versely affect forest health. on the Department of Labor’s Denial of Employment FOREST RECOVERY AND PROTECTION ACT Service Funds to the States. Testimony was heard Committee on Rules: Granted, by voice vote, an open from Ray Uhalde, Acting Assistant Secretary, Em- rule providing 1 hour of debate on H.R. 2515, For- ployment and Training, Department of Labor; John est Recovery and Protection Act of 1997. The rule Freeman, Representative, State of Michigan; Doug provides that in lieu of the Agriculture Committee’s Rothwell, CEO and Department Director, Jobs amendment, that an amendment in the nature of a Commission, State of Michigan; Jonathan Raymond, substitute consisting of the text of H.R. 3530 shall Deputy Director, Workforce Development, State of be considered as an original bill for the purpose of Massachusetts; Diane Rath, Commissioner, Work- amendment, and provides that the amendment shall force Commission, State of Texas; and public wit- be considered as read. The rule waives clause 7 of nesses. Rule XVI (prohibiting non-germane provisions) or clause 5(a) of Rule XXI (prohibiting appropriations COMMITTEE BUSINESS in a legislative bill) against the amendment in the Committee on House Oversight: Met and approved pend- nature of a substitute consisting of the text of H.R. ing Committee business. 3530. The rule permits the Chair to accord priority March 25, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D305 in recognition to Members who have preprinted hibiting consideration of legislation or an amend- their amendments in the Congressional Record. The ment that would cause the total level of new budget rule permits the Chairman of the Committee of the authority or outlays in the most recent budget reso- Whole to postpone votes during consideration of the lution to be exceeded or would cause revenues to be bill, and to reduce voting time to five minutes on less). The rule also waives points of order against the a postponed question if the vote follows a fifteen committee amendment in the nature of a substitute minute vote. Finally, the rule provides one motion for failure to comply with section 303 or section 311 to recommit, with or without instructions. Testi- of the Congressional Budget Act. The rule provides mony was heard from Chairman Smith and Rep- that Members who have pre-printed their amend- resentatives Furse and Brown of California. ments in the Congressional Record prior to their FAIRNESS FOR SMALL BUSINESS AND consideration will be given priority in recognition to EMPLOYEES ACT offer their amendments if otherwise consistent with House rules. The rule allows the chairman of the Committee on Rules: Granted, by voice vote, a struc- Committee of the Whole to postpone votes during tured rule providing 1 hour of debate on H.R. 3246, consideration of the bill, and to reduce the voting Fairness for Small Business and Employees Act of time to five minutes on a postponed question if the 1998. The rule make in order only those amend- vote follows a fifteen minute vote. Finally, the rule ments printed in the report of the Committee on provides one motion to recommit with or without Rules. The rule provides that the amendments make instructions. Testimony was heard from Representa- in order shall be considered only in the order speci- tives McIntosh, Kucinich, and Tierney. fied, shall be considered as read, shall be debatable for the time specified in the report equally divided CAMPAIGN REFORM AND ELECTION and controlled by the proponent and an opponent, INTEGRITY ACT shall not be subject to amendment, and shall not be Committee on Rules: Held a hearing on H.R. 3485, subject to a demand for a division of the question Campaign Reform and Election Integrity Act of in the House or in the Committee of the Whole. 1998. Testimony was heard from Chairman Thomas, The rule permits the Chairman of the Committee of Representatives Gekas, Shays, Stearns, Franks of New the Whole to postpone votes during consideration of Jersey, White, Gejdenson, Kilpatrick, Dingell, Fazio the bill, and to reduce voting time to five minutes of California, Price of North Carolina, Barrett of on a postponed question if the vote follows a fifteen Wisconsin, Maloney of New York, Farr of California, minute vote. Finally, the rule provides one motion and Allen. to recommit, with or without instructions. Testi- mony was heard from Chairman Goodling and Rep- OVERSIGHT—INTERNATIONAL SCIENCE resentatives Fawell and Clay. Committee on Science: Held an oversight hearing on SMALL BUSINESS PAPERWORK International Science. Testimony was heard from REDUCTION ACT AMENDMENTS Bruce Alberts, President, National Academy of Sciences; and public witnesses. Committee on Rules: Granted, by voice vote, an open rule providing 1 hour of general debate equally di- OVERSIGHT—BUDGET AUTHORIZATION vided between the chairman and ranking minority REQUESTS member of the Committee on Government Reform Committee on Science: Subcommittee on Energy and and Oversight on H.R. 3310, Small Business Paper- Environment held an oversight hearing on the Fiscal work Reduction Act Amendments of 1998. The rule Year 1999 Budget Authorization Requests: Depart- makes in order the amendment in the nature of a ment of Energy, EPA Research and Development, substitute recommended by the Committee on Gov- and NOAA. Testimony was heard from public wit- ernment Reform and Oversight as an original bill for nesses. the purpose of amendment and provides that it will be considered as read. The rule waives points of DEATH TAX REFORM order against consideration of the bill for failure to Committee on Small Business: Subcommittee on Tax, comply with clause 2(l)(6) of rule XI (requiring a Finance and Exports held a hearing on The First three-day layover of the committee report) or section Step: Death Tax Reform. Testimony was heard from 303 of the Congressional Budget Act (prohibiting public witnesses. consideration of legislation, as reported, providing new budget authority, changes in revenues, or FAA AND AIRPORT IMPROVEMENT changes in the public debt for a fiscal year until the PROGRAM REAUTHORIZATION budget resolution for that year has been agreed to) Committee on Transportation and Infrastructure: Sub- or section 311 of the Congressional Budget Act (pro- committee on Aviation concluded hearings on the D306 CONGRESSIONAL RECORD — DAILY DIGEST March 25, 1998 Reauthorization of the Federal Aviation Administra- 1999 for the Corp of Engineers, and the Bureau of Rec- tion and Airport Improvement Program in Light of lamation, Department of the Interior, 9:30 a.m., SD–138. the Recommendations of the National Civil Aviation Subcommittee on Treasury, Postal Service, and General Review Commission. Testimony was heard from Government, to hold hearings on proposed budget esti- public witnesses. mates for fiscal year 1999 for the Office of National Drug Control Policy, 9:30 a.m., SD–192. JFK CENTER FOR THE PERFORMING ARTS Committee on Armed Services, to resume hearings on pro- AUTHORIZATION ACT posed legislation authorizing funds for fiscal year 1999 Committee on Transportation and Infrastructure: Sub- for the Department of Defense and the future years de- committee on Public Buildings and Economic De- fense program, focusing on Department of Energy atomic energy defense activities, 10 a.m., SR–222. velopment held a hearing on H.R. 3504, John F. Subcommittee on Strategic Forces, to resume hearings Kennedy Center for the Performing Arts Authoriza- on proposed legislation authorizing funds for fiscal year tion Act. Testimony was heard from Lawrence J. 1999 for the Department of Defense and the future years Wilker, President, John F. Kennedy Center for the defense program, focusing on the DOD domestic emer- Performing Arts and Bernard L. Ungar, Director, gency response program and support to the interagency Government Business Operations Issues, GAO. preparedness efforts, including the federal response plan TICKET TO WORK AND SELF-SUFFICIENCY and the city training program, 2 p.m., SR–222. ACT Committee on Banking, Housing, and Urban Affairs, to hold hearings to examine the implications of the recent Committee on Ways and Means: Subcommittee on So- Supreme Court decision regarding credit union member- cial Security approved for full Committee action ships, 9:30 a.m., SD–538. H.R. 3433, Ticket to Work and Self-Sufficiency Act Committee on Commerce, Science, and Transportation, Sub- of 1998. committee on Oceans and Fisheries, to hold hearings on S. 1221, to prevent foreign ownership and control of INFORMATION ASSURANCE BRIEFING United States flag vessels employed in the fisheries in the Permanent Select Committee on Intelligence: Met in execu- navigable waters and exclusive economic zone of the tive session to hold a briefing on Information Assur- United States, and to prevent the issuance of fishery en- ance. The Committee was briefed by departmental dorsements to certain vessels, 2 p.m., SR–253. witnesses. Committee on Environment and Public Works, to continue markup of S. 8, to reauthorize and amend the Com- prehensive Environmental Response, Liability, and Com- Joint Meetings pensation Act of 1980 (Superfund), 9:30 a.m., SD–406. VETERANS’ PROGRAMS Committee on the Judiciary, business meeting, to consider pending calendar business, 10 a.m., SD–226. Joint Hearing: Senate Committee on Veterans’ Affairs Committee on Labor and Human Resources, Subcommittee concluded joint hearings with the House Committee on Children and Families, to hold joint hearings with the on Veterans’ Affairs to examine the legislative rec- House Committee on Education and the Workforce Sub- ommendations of certain veterans’ organizations, committee on Early Childhood, Youth and Families to after receiving testimony from Col. Robert F. Nor- examine the effectiveness of the Head Start education pro- ton, USA (Ret.), Retired Officers Association, gram, 9:30 a.m., SD–430. George Duggins, Vietnam Veterans of America, and Select Committee on Intelligence, to hold closed hearings on Wayne Hitchcock, American Ex-Prisoners of War, intelligence matters, 2:30 p.m., SH–219. all of Washington, D.C.; and Josephus C. Vanden- goorbergh, AMVETS, Lanham, Maryland. NOTICE f For a listing of Senate committee meetings sched- uled ahead, see pages E481–82 in today’s Record. COMMITTEE MEETINGS FOR THURSDAY, MARCH 26, 1998 House (Committee meetings are open unless otherwise indicated) Committee on Agriculture, Subcommittee on Livestock, Dairy, and Poultry, hearing to review the USDA’s Federal Senate Milk Marketing Order Reform, 10 a.m., 1300 Long- Committee on Appropriations, Subcommittee on Interior, worth. to hold hearings on proposed budget estimates for fiscal Committee on Appropriations, Subcommittee on Com- year 1999 for the National Endowment for the Arts, Na- merce, Justice, State, and the Judiciary, on State and tional Foundation on the Arts and the Humanities, 9:30 Local Law Enforcement, 2 p.m., H–309 Capitol. a.m., SD–124. Subcommittee on Energy and Water Development, on Subcommittee on Energy and Water Development, to Appalachian Regional Commission, 10 a.m., 2362–B hold hearings on proposed budget estimates for fiscal year Rayburn. March 25, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D307

Subcommittee on Interior, the Committee on the Committee on National Security, to continue hearings on Budget and the Committee on Resources, joint oversight the fiscal year 1999 National Defense authorization re- hearing on the Forest Service, 11 a.m., 1324 Longworth. quest, 10 a.m., 2118 Rayburn. Subcommittee on the Interior, on Department of En- Committee on Resources, Subcommittee on National Parks ergy-Fossil-Conservation, 1:30 p.m., B–308 Rayburn. and Public Lands, hearing on the following bills; H.R. Subcommittee on Labor, Health and Human Services, 2538, to establish a Presidential commission to determin- and Education, on Elementary and Secondary Education; ing the validity of certain land claims arising out of the Bilingual Education and Minority Languages Affairs, 10 Treaty of Guadalupe-Hidalgo of 1848 involving the de- a.m., and on Howard University and on Special Institu- scendants of persons who were Mexican citizens at the tions for the Disabled, 2 p.m., 2358 Rayburn. time of the Treaty; H.R. 2776, to amend the Act entitled Subcommittee on VA, HUD, and Independent Agen- ‘‘An Act to provide for the establishment of the Morris- cies, on Department of Housing and Urban Development, town National Historical Park in the State of New Jersey, 10 a.m., and 2 p.m., 2359 Rayburn and for other purposes’’ to authorize the acquisition of Committee on Banking and Financial Services, to markup property know as the Warren property; and H.R. 3047, H.R. 1151, Credit Union Membership Access Act, 10 a.m., 2128 Rayburn. to authorize expansion of Fort Davis National Historic Committee on Commerce, Subcommittee on Finance and Site in Fort Davis, Texas, by 16 acres, 10 a.m., 1334 Hazardous Materials, hearing on H.R. 3000, Superfund Longworth. Reform Act, 11 a.m., 2322 Rayburn. Subcommittee on Water and Power, to mark up H.R. Subcommittee on Health and Environment, hearing on 3267, Sonny Bono Memorial Salton Sea Reclamation Act, New Developments in Medical Research: NIH and Pa- 2 p.m., 1334 Longworth. tient Groups, 10:30 a.m., 2123 Rayburn. Committee on Science, Subcommittee on Technology, to Committee on Education and the Workforce, Subcommittee mark up the following bills: H.R. 3007, Commission on on Oversight and Investigations, hearing on Financial Af- the Advancement of Women in Science, Engineering, and fairs of the International Brotherhood of Teamsters, 10 Technology Development Act; and H.R. 2544, Tech- a.m., 2175 Rayburn. nology Transfer Commercialization Act of 1997, 10 a.m., Committee on Government Reform and Oversight, Sub- 2318 Rayburn. committee on the Census, hearing on Oversight of the Committee on Small Business, Subcommittee on Em- 2000 Census: Putting the Dress Rehearsals in Perspective, powerment, hearing on urban education, 10 a.m., 2360 10 a.m., 210 Cannon. Rayburn. Subcommittee on Civil Service, hearing on Long Term Committee on Transportation and Infrastructure, Sub- Care Insurance as an Employee Benefit, 9:30 a.m., 2154 committee on Railroads, hearing on Rail Safety Reauthor- Rayburn. ization: Federal Railroad Administration Resources Re- Subcommittee on Government Management, Informa- quirements, 2 p.m., 2167 Rayburn. tion, and Technology, hearing on the following: the Sta- Subcommittee on Water Resources and Environment, tistical Consolidation Act of 1998; and S. 1404, Federal to mark up H.R. 3035, National Drought Policy Act of Statistical System Act of 1997, 2 p.m., 2247 Rayburn. 1997, 9:30 a.m., and to hold a hearing on the Federal Subcommittee on National Security, International Af- Cost of Disaster Assistance, 10 a.m., 2167, Rayburn. fairs, and Criminal Justice, hearing on Oversight of the Committee on Veterans’ Affairs, Subcommittee on Bene- 1998 National Drug Control Strategy, 1:30 p.m., 2154 fits, hearing on Government Performances and Results Rayburn. Act (GPRA) principles at the Veterans Benefits Adminis- Committee on International Relations, hearing to review tration, 10 a.m., 334 Cannon. U.S. Assistance Programs to Russia, the Ukraine and the Committee on Ways and Means, to mark up H.R. 2400, New Independent States, 10 a.m., 2172 Rayburn. Building Efficient Surface Transportation and Equity Act Committee on the Judiciary, Subcommittee on the Con- of 1997, 10 a.m., 1100 Longworth. stitution, to continue oversight hearings on the Need for Permanent Select Committee on Intelligence, executive, hear- Federal Protection of Religious Freedom after Boerne v. ing on Analysis and Production Issues, 2 p.m., H–405 Flores, II, 9:30 a.m., 2141 Rayburn. Capitol. Subcommittee on Courts and Intellectual Property, oversight hearing on privacy in electronic communica- Joint Meetings tions, 10 a.m., 2237 Rayburn. Subcommittee on Crime, hearing on the following: Joint Hearing: Senate Committee on Labor and Human Controlled Substances Trafficking Prohibition Act; and Resources, Subcommittee on Children and Families, to H.R. 2070, Correction Officers Health and Safety Act of hold joint hearings with the House Committee on Edu- 1997; and to mark up the following: H.R. 2925, Dead- cation and the Workforce Subcommittee on Early Child- beat Parents Punishment Act of 1997; and the Care for hood, Youth and Families to examine the effectiveness of Police Survivors Act of 1998, 9:30 a.m., 2226 Rayburn. the Head Start education program, 9:30 a.m., SD–430. D308 CONGRESSIONAL RECORD — DAILY DIGEST March 25, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 26 10 a.m., Thursday, March 26

Senate Chamber House Chamber Program for Thursday: Senate will resume consideration Program for Thursday: Consideration of H.R. 3246, of S. 1768, emergency supplemental appropriations. Fairness for Small Business and Employees Act (struc- Senate may also resume consideration of H.R. 2646, tured rule, 1 hour of general debate); Education Savings Act for Public and Private Schools. Consideration of H.R. 3310, Small Business Paperwork Reduction Act Amendments of 1998 (Open Rule, One Hour General Debate) Consideration of H.R. 2515, Forest Recovery and Pro- tection Act (open rule, 1 hour of general debate); and Possible Consideration of H.R. 1757, Foreign Affairs Reform and Restructuring Act (Rule Waives All Points of Order).

Extensions of Remarks, as inserted in this issue

HOUSE Hayworth, J.D., Ariz., E472 McInnis, Scott, Colo., E469 Hill, Rick, Mont., E463 Manton, Thomas J., N.Y., E469 Abercrombie, Neil, Hawaii, E468 Hooley, Darlene, Ore., E470 Manzullo, Donald A., Ill., E466 Archer, Bill, Tex., E471 Kind, Ron, Wisc., E468 Meek, Carrie P., Fla., E480 Barcia, James A., Mich., E470 King, Peter T., N.Y., E465 Moran, James P., Va., E468 Bentsen, Ken, Tex., E465 Kucinich, Dennis J., Ohio, E464, E465, E469 Packard, Ron, Calif., E470 Deutsch, Peter, Fla., E471 Lantos, Tom, Calif., E473 Pelosi, Nancy, Calif., E463, E466 Dingell, John D., Mich., E469 Lipinski, William O., Ill., E466 Portman, Rob, Ohio, E471 Eshoo, Anna G., Calif., E470 Livingston, Bob, La., E467 Ros-Lehtinen, Ileana, Fla., E464 Farr, Sam, Calif., E472 Lofgren, Zoe, Calif., E471 Sanchez, Loretta, Calif., E473 Gephardt, Richard A., Mo., E473 McCarthy, Karen, Mo., E470 Vento, Bruce F., Minn., E472 Hamilton, Lee H., Ind., E464, E467 McDermott, Jim, Wash., E469

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $150.00 for six months, $295.00 per year, or purchased for $2.50 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.