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

Vol. 143 WASHINGTON, WEDNESDAY, MARCH 19, 1997 No. 36 House of Representatives The House met at 11 a.m. and was come forward and lead the House in the do something about the demand, but as called to order by the Speaker pro tem- Pledge of Allegiance. a neighbor, Mexico has an obligation to pore [Mr. TAYLOR of North Carolina]. Mr. CHABOT led the Pledge of Alle- become an equal partner in that battle. f giance as follows: Up to now they have failed. That is why this body finally drew the line. It DESIGNATION OF THE SPEAKER I pledge allegiance to the Flag of the United States of America, and to the Repub- is about time. PRO TEMPORE lic for which it stands, one nation under God, f The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. fore the House the following commu- f APPLYING NEW THINKING TO THE nication from the Speaker: CLEAN AIR DEBATE ANNOUNCEMENT BY THE SPEAKER WASHINGTON, DC, (Mr. KUCINICH asked and was given March 19, 1997. PRO TEMPORE permission to address the House for 1 I hereby designate the Honorable CHARLES The SPEAKER pro tempore. The minute and to revise and extend his re- H. TAYLOR to act as Speaker pro tempore on Chair will entertain fifteen 1-minutes marks.) this day. on each side. Mr. KUCINICH. Mr. Speaker, the NEWT GINGRICH, clean air debate cannot be reduced to a Speaker of the House of Representatives. f simple cost-benefit analysis that ig- f MEXICO’S PRESIDENT ZEDILLO IS nores the effect of pollution on human PRAYER WRONG ON DECERTIFICATION health and separates the economic The Chaplain, Rev. James David (Mr. CHABOT asked and was given from the human. Ford, D.D., offered the following permission to address the House for 1 We should not face the 21st century prayer: minute and to revise and extend his re- locked into the old paradigm that gives Your word has told us, O God, that marks.) us the false choice between jobs and You know us individually and by the Mr. CHABOT. Mr. Speaker, Mexico’s clean air. Being proenvironment should power of Your creative spirit, You sup- President Ernesto Zedillo made some not mean one is antibusiness. It is time port us all the day long. We place be- very troubling comments last week fol- for new thinking on the issue of pollu- fore You our petitions asking that You lowing the House vote to decertify his tion, thinking that promotes both eco- would hear our prayers and give peace country for its miserable performance nomic growth and human health and to any troubled soul. We pray specially in the war against drugs. President supports environmental regulations for healing for those who are ill, for Zedillo said, ‘‘This is where we draw that encourage efficiency and non- strength for those who are weak, for the line.’’ He had it wrong. This is pollution. encouragement for those who face anx- where we draw the line. Mr. Zedillo Nineteenth century thinking focused iety or fear and for every person we went on to say that Mexico’s sov- on pollution control, at the end of the pray for the gift of hope in all the days ereignty and dignity as a nation are tailpipe or at the end of the chimney. to come. Grateful for all Your bless- not negotiable. Such an approach requires a great deal ings, O God, we offer these words of pe- I would point out to Mr. Zedillo that of energy and money and is generally tition and thanksgiving. Amen. the dignity of his nation was not di- insufficient to protect the environ- f minished by the House action last ment. New thinking looks at pollution week, but by the failure of his own gov- prevention, inventing ways to stop pol- THE JOURNAL ernment to responsibly fight against lution from being created. New think- The SPEAKER pro tempore. The the scourge of narcotics traffic through ing views pollution as resources that Chair has examined the Journal of the Mexico. are distributed in the wrong place. last day’s proceedings and announces Blocks from this Nation’s Capitol, Wasted resources mean lost profits. En- to the House his approval thereof. one can see the horror of drug abuse. vironmental protection can be equated Pursuant to clause 1, rule I, the Jour- Whether we are talking about cocaine, with fiscal conservatism. nal stands approved. marijuana, or methamphetamine, Application of more enlightened en- f there is a pretty good chance it came vironmental management processes to this city and other American cities can increase profits. Such an approach PLEDGE OF ALLEGIANCE like my community, Cincinnati, from will require that government and in- The SPEAKER pro tempore. Will the Mexico. Sadly, the demand is here, and dustry leaders work together to further gentleman from Ohio [Mr. CHABOT] as Americans we have an obligation to the development of new communities;

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.

H1113 H1114 CONGRESSIONAL RECORD — HOUSE March 19, 1997 new technologies in energy; efficient with leading the probe writing a letter and Republican fundraising practices. industrial protection and transpor- to a foreign government. This same To do any less would cast doubt on the tation; new industries; and the unfold- chairman is now looking to spend mil- integrity of this House and the process. ing of a new economic order based on lions of taxpayer dollars on a one-sided f profit and human progress. partisan probe of campaign finance, f and issuing subpoenas. It is this kind of A PROCLAMATION RECOGNIZING hypocrisy that makes the American THE VILLAGE OF ZOAR THE WORKING FAMILIES public so jaded about our entire cam- FLEXIBILITY ACT (Mr. NEY asked and was given per- paign finance system, and it shows why mission to address the House for 1 (Mr. BURR of North Carolina asked we need campaign finance reform. minute and to revise and extend his re- and was given permission to address f marks.) the House for 1 minute and to revise Mr. NEY. Mr. Speaker, I rise today and extend his remarks.) PASS THE WORKING FAMILIES FLEXIBILITY ACT on behalf of Mayor Larry Bell of the Mr. BURR of North Carolina. Mr. community of Zoar, OH and I rise Speaker, today we take a giant step (Mr. BARTLETT of Maryland asked today to recognize the Zoar Commu- forward for working families. Today we and was given permission to address nity Association and the citizens of the will vote to give all parents the ability the House for 1 minute and to revise historic Village of Zoar, OH which I am to choose between getting paid for and extend his remarks.) proud to represent. They are in the their overtime or to take time off Mr. BARTLETT of Maryland. Mr. midst of Project Pride, an innovative equal to the amount of money in over- Speaker, Congress today will be voting effort to preserve and faithfully restore time. on the Working Families Flexibility their town hall in a way that both hon- I know today’s working men and Act. This bill is very simple. It gives ors the past and explores the future. women find it increasingly difficult to workers the right and the flexibility to Project Pride will create a year- balance work and family responsibil- choose how they wish to be com- round tourist information and welcom- ities. How many times have we as par- pensated when they work overtime, ing center for visitors to Zoar, the Ohio ents labored to strike a balance be- with more time or more money. and Erie Canal corridor, and the entire tween attending a parent-teacher con- This is not a radical notion. Passing region. The preserved town hall will ference and being at our job? Or how this bill will merely give workers in also provide an interactive technology many times were we forced to choose the private sector the very same choice area linked to the Internet, which will between a ball game or recital and our government workers now enjoy. Who be available to local citizens for re- ability to bring home more money? are we in Congress to tell a working search and distance learning. The Working Families Flexibility mother or father that overtime pay is Mr. Speaker, in conclusion, the ef- Act, which I cosponsored, gives fami- the only compensation they can get for forts in Zoar are an outstanding exam- lies the ability to strike the balance working overtime? What if a worker ple of the ways in which local govern- needed between work and family. Mr. prefers getting comp time? Workers ment, business, citizens, and students Speaker, I would prefer the title of now have no choice at all. work together in a positive manner, in ‘‘Dad’’ to the title of ‘‘Congressman.’’ I The Working Families Flexibility a partnership to enhance the quality of urge my colleagues to join me and Act will make it easier to balance the life in our small towns and rural areas. allow every parent to be called dad and demands of work and family. The Efforts such as these deserve our praise mom. Support the Working Families Working Families Flexibility Act will and support. Flexibility Act. give workers the freedom to choose f f whether time or money is more impor- tant to them at any given time. Let us WHY WE NEED CAMPAIGN AMERICA’S NATIONAL SECURITY put our trust in the American workers. FINANCE REFORM WITH REGARD TO CHINA Let us pass the Working Families (Mr. PALLONE asked and was given Flexibility Act. (Mr. TRAFICANT asked and was given permission to address the House permission to address the House for 1 f minute and to revise and extend his re- for 1 minute and to revise and extend marks.) MAKING CAMPAIGN FINANCE RE- his remarks.) Mr. PALLONE. Mr. Speaker, the FORM A TOP PRIORITY OF THIS Mr. TRAFICANT. Mr. Speaker, evi- front page of today’s Washington Post SESSION OF CONGRESS dently Chinese money is paying off. A shows why the Republican leadership (Ms. DELAURO asked and was given Chinese company is taking over a mul- wants to limit the scope of investiga- permission to address the House for 1 timillion dollar naval base in Long tion of alleged campaign finance minute and to revise and extend her re- Beach, CA. Another Chinese company abuses to the White House while avoid- marks.) is getting a $138 million government- ing any action on campaign finance re- Ms. DELAURO. Mr. Speaker, last backed guaranteed loan in Alabama. form. week the other body voted 99 to 0 to Another company with ties to China According to the story in today’s conduct a fair and a thorough inves- will operate both ports on each side of Post, the Republican chairman of the tigation of all improper 1996 campaign the Panama Canal, Mr. Speaker. An- committee charged with investigating fundraising activities. We should fol- other Chinese company was just award- campaign finance laws pressured lobby- low their example. ed a $250 million contract by Uncle ists from the government of Pakistan Today’s front page story in the Wash- Sam, even though they had been con- to contribute money to his campaign ington Post may be an indication of victed of smuggling semi-automatic in what the lobbyists describe as a why my colleagues on the other side of weapons into our country, infiltrating shakedown. the aisle have thus far refused to allow our streets. I understand the chairman in ques- an investigation into 1996 Republican Mr. Speaker, I suggest that Congress tion has canceled a hearing scheduled fundraising activities. This is also fur- investigate before the Lincoln bedroom today. In light of today’s allegations, ther proof that our current campaign ordeal turns into a Chinese flag flying the gentleman from Indiana should finance laws are not doing their jobs. over the Lincoln monument. Beam me recuse himself from the committee’s Our campaign finance system is broken up. If we are going to investigate, let investigation. He should also open up and we need to fix it. us look at our national security. his committee’s probe to a much wider Two things are abundantly clear. f scope than the White House and in- First, this House must make campaign clude both parties in Congress. finance reform a top priority for this URGING COLLEAGUES TO SUP- The country has been reading and session of Congress; and second, any PORT THE WORKING FAMILIES hearing an awful lot about foreign House investigation into inappropriate FLEXIBILITY ACT money in campaign committees, and fundraising activities must include a (Mr. KINGSTON asked and was given here we have the gentleman charged thorough examination of Democratic permission to address the House for 1 March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1115 minute and to revise and extend his re- firming the transcendent right to life demand for division of the question in the marks.) of all human beings, the right without House or in the Committee of the Whole. An Mr. KINGSTON. Mr. Speaker, a cou- which no other rights have any mean- amendment designated to be offered by the ple of years ago I made the difficult de- ing. chairman of the Committee on Education and the Workforce or his designee may be of- cision to fly home a little bit early Mr. Speaker, I implore my colleagues fered en bloc with one or more other such from Washington to return to Savan- to join with me in voting to ban that amendments. At the conclusion of consider- nah, GA, to see my 5-year-old’s kinder- practice. ation of the bill for amendment the Commit- garten graduation. I got on what can f tee shall rise and report the bill to the House only be described as the flight from with such amendments as may have been b hell. I left Washington, flew to Atlanta, 1115 adopted. Any Member may demand a sepa- and then usually it is about a 30- RESIGNATION AS MEMBER OF rate vote in the House on any amendment minute flight to Savannah. We went to adopted in the Committee of the Whole to COMMITTEE ON GOVERNMENT the bill or to the committee amendment in Augusta, could not get into Savannah, REFORM AND OVERSIGHT the nature of a substitute. The previous we ended up trying to get into Jack- The SPEAKER pro tempore (Mr. question shall be considered as ordered on sonville, could not get into Jackson- TAYLOR of North Carolina) laid before the bill and amendments thereto to final ville, went to Tampa, spent the night, the House the following resignation as passage without intervening motion except and the next day went back to Atlanta, one motion to recommit with or without in- a member of the Committee on Govern- structions. then tried again to get into Savannah. ment Reform and Oversight: We could not. The SPEAKER pro tempore. The gen- As a consequence of all this hopping HOUSE OF REPRESENTATIVES, Washington, DC, March 19, 1997. tlewoman from Ohio [Ms. PRYCE] is around and so forth and the weather, I Hon. NEWT GINGRICH, recognized for 1 hour. missed my son’s school event. It broke Speaker, Ms. PRYCE of Ohio. Mr. Speaker, for my heart. But do Members know what? Washington, DC. the purpose of debate only, I yield the As a Federal employee, at least I had DEAR MR. SPEAKER: I am writing to con- customary 30 minutes to the very dis- the option of going home to see his firm I am going to take a leave of absence tinguished ranking member of the play. In the private sector today, the from the Government Reform and Oversight Committee on Rules, the gentleman Committee this session of Congress. Federal Government laws deny employ- from Massachusetts [Mr. MOAKLEY], ees that option. They cannot take off This letter follows my earlier request made on January 23, 1997. Thank you in advance pending which I yield myself such time work to go see somebody, to take them for honoring this request. as I may consume. During consider- to the doctor or go see a school play or Sincerely, ation of this resolution, all time yield- something. ROBERT L. EHRLICH, Jr., ed is for the purpose of debate only. But with this new legislation we are Member of Congress. Mr. Speaker, House Resolution 99 is a passing today, employees for the first The SPEAKER pro tempore. Without fair and balanced rule providing for the time in the private sector will be able objection, the resignation is accepted. consideration of H.R. 1, the Working to work extra and take comptime off. There was no objection. Families Flexibility Act, also known They can go ahead and work the 40- f as the comp time bill. The rule pro- hour workweek, and then take time off vides for 1 hour of general debate, WORKING FAMILIES FLEXIBILITY needed for those very important and ir- equally divided between the chairman ACT OF 1997 replaceable family functions. I hope we and ranking minority member of the can pass comp time today. Ms. PRYCE of Ohio. Mr. Speaker, by Committee on Education and the f direction of the Committee on Rules, I Workforce. The rule makes in order an SUPPORT THE PARTIAL-BIRTH call up House Resolution 99 and ask for amendment in the nature of a sub- ABORTION BAN its immediate consideration. stitute from the Committee on Edu- The Clerk read the resolution, as fol- cation and the Workforce now printed (Mr. MANZULLO asked and was lows: given permission to address the House in the bill as original text for amend- for 1 minute and to revise and extend H. RES. 99 ment purposes. his remarks.) Resolved, That at any time after the adop- The rule first makes in order those Mr. MANZULLO. Mr. Speaker, to- tion of this resolution the Speaker may, pur- amendments printed in the Committee suant to clause 1(b) of rule XXIII, declare the on Rules report accompanying this res- morrow we will vote to outlaw the House resolved into the Committee of the practice known as a partial birth abor- olution. Briefly, they include a set of Whole House on the state of the Union for amendments to be offered by the gen- tion. That procedure is both tragic and consideration of the bill (H.R. 1) to amend needless in that there are at least 2,000 the Fair Labor Standards Act of 1938 to pro- tleman from Pennsylvania [Mr. GOOD- such abortions performed annually, far vide compensatory time for employees in the LING], the chairman, or a designee that more than advocates have initially private sector. The first reading of the bill would, among other changes, sunset claimed; needless in that we now know, shall be dispensed with. General debate shall the entire bill after 5 years. thanks to Mr. Ron Fitzsimmons, execu- be confined to the bill and shall not exceed The Goodling amendment would also one hour equally divided and controlled by tive director of the National Coalition require an employee to have worked at the chairman and ranking minority member least 1,000 hours in a period of continu- of Abortion Providers, who has admit- of the Committee on Education and the ted that he and others misled the Workforce. After general debate the bill ous employment for a specific em- American people on the frequency and shall be considered for amendment under the ployer in the 12 months prior to the nature of these abortions, that the vast five-minute rule. It shall be in order to con- time when the employee agrees to a majority of partial-birth abortions are sider as an original bill for the purpose of comptime arrangement. performed on normal, unborn babies amendment under the five-minute rule the Mr. Speaker, this is a very important carried by healthy moms. amendment in the nature of a substitute rec- addition to the bill that I believe care- ommended by the Committee on Education President Clinton vetoed this bill fully addresses concerns that have been and the Workforce now printed in the bill. voiced by those in the construction and last year. A number of pro-choice Mem- The committee amendment in the nature of bers of Congress, during consideration a substitute shall be considered as read. No seasonal industries. I strongly urge its of the measure over a year ago, voted amendment shall be in order except those support on the floor later today. in support of a ban on the partial birth printed in the report of the Committee on There is also an amendment by the abortion procedure. Said one Member, I Rules accompanying this resolution. Each gentleman from New York [Mr. OWENS] am just not going to vote in such a way amendment may be considered only in the which would exempt certain lower that I have to put my conscience on order printed in the report, may be offered wage workers from the bill and an only by a Member designated in the report, amendment in the nature of a sub- the shelf. shall be considered as read, shall be debat- Ronald Reagan said it as he discussed able for the time specified in the report stitute to be offered by the gentleman the issue of defending America’s lib- equally divided and controlled by the pro- from California [Mr. MILLER]. Under erty: There is no cause more important ponent and an opponent, shall not be subject the rule, these amendments shall be for preserving that freedom than af- to amendment, and shall not be subject to a considered in the order specified, shall H1116 CONGRESSIONAL RECORD — HOUSE March 19, 1997 be considered as read, shall not be sub- places on the use of comptime is that place. I urge my colleagues to adopt ject to further amendment and shall the employee’s request be made under this balanced rule and to pass the not be subject to a demand for a divi- provisions that are very similar to the Working Families Flexibility Act with- sion of the question. standard already in effect under the out any further delay. Debate time for each amendment is Family and Medical Leave Act passed Mr. Speaker, I reserve the balance of also prescribed in the report so that in 1993. my time. the House can work its will in a timely Mr. Speaker, another reason to sup- Mr. MOAKLEY. Mr. Speaker, I yield and responsible manner. port H.R. 1 is that it will give the Na- myself such time as I may consume. I Last week, the chairman of the Com- tion’s body of laws a much-needed thank my colleague and my dear mittee on Rules [Mr. SOLOMON] sent a boost toward the 21st century. When friend, the gentlewoman from Ohio ‘‘Dear Colleague’’ letter explaining the the Fair Labor Standards Act was writ- [Ms. PRYCE], for yielding me the cus- amendment process for this legislation. ten way back in 1938, almost 60 years tomary half hour. Members who wished to offer an ago, the landscape of the American Mr. Speaker, my erstwhile colleague amendment to H.R. 1 were to submit work force was very, very different. said that this was a family friendly their proposals to the Committee on For one thing, at that time legislation bill. It is, if you are talking about the Rules for our review by noon on Mon- was written with an almost all-male Ford family and the Rockefeller family day, a reasonable request given the work force in mind. Today that land- and the du Pont family. But, for all complexity of the underlying issue. A scape is very different, with nearly 70 other families, it is not a friendly bill. total of six amendments were filed, and percent of all women with children I know my Republican colleagues mean every last one of them has been made under the age of 18 taking part in the well, and I know my Republican col- in order under this rule. work force. This dramatic change in leagues really want to help; but this Finally, Mr. Speaker, the rule pro- demographics underscores just how im- was a bad idea last session and it is a vides for one motion to recommit with portant it is for our Nation’s labor laws bad idea this session. It helps the big people, but it does or without instructions which will give to catch up with the times and to bet- not do much for the ordinary worker. the minority one final chance to offer ter reflect the changing needs of the In fact, this bill, Mr. Speaker, would any amendment that complies with the modern workplace. force workers to take time off rather standing rules of the House. As a working mother myself, I am than overtime pay. That is not what Mr. Speaker, H.R. 1 is probably one very pleased to be an original cospon- the American people want. The Amer- of the most family friendly and em- sor of this legislation. As many of my ican people do not want comp time. ployee friendly bills to come to the constituents have told me, it is a chal- They want cash. In fact, polling data floor of the House in a long, long time. lenge to be a good worker and still be It is timely, commonsense legislation shows that nearly three out of every a good parent. It is not surprising then four American workers would rather designed to give working families a that a recent public opinion poll found have cash than comp time. And I can- much-needed option in balancing their that nearly 75 percent of Americans not say that I blame them. These days busy work and family schedules, and I favor giving workers the choice be- it is hard enough to get a job in the am pleased that our leadership has tween receiving paid time off or cash first place. And once you get one, Mr. made passage of this a high priority. wages for overtime. Speaker, the last thing you want to do As our colleagues know, the bill Unfortunately, critics of H.R. 1 have is leave. would amend the Fair Labor Standards chosen to put politics above sound pol- Most people want to work as much as Act to allow that but not require an icy. It is a shame because in my view it they possibly can, but this bill just will employer to offer employees the option shows just how out of touch some folks not let them do it. It has no guarantee of choosing overtime pay in the form of are when it comes to policies that will that workers can make that decision compensatory time off rather than benefit families, strengthen our econ- themselves. It is very possible that em- cash wages. Employees of State and omy, and help workers and employers ployees will be the ones to decide local governments have enjoyed this alike. whether workers get additional pay or option for more than a decade, and After decades of progress in labor re- get additional time. H.R. 1 would simply extend this option lations, it is time we stopped automati- Mr. Speaker, that just is not fair. In to the private sector. cally thinking of employer/employee the real world, if your boss tells you to Offering the choice between taking relations in such adversarial terms. take time off instead of getting extra overtime pay or compensatory time off The bottom line is that with H.R. 1 pay, you either do what you are told or will afford working families the added employers and employees can work to- you start packing your gear. flexibility they often need to meet the gether to meet each other’s needs. This bill allows the boss to stop pay- increasingly competing demands of the With H.R. 1 at least the choice will be ing overtime and says to employees, home and the workplace. For many theirs, not Washington’s. sorry, I cannot pay you for overtime employees with families, enactment of Mr. Speaker, H.R. 1 offers the private you worked; but in return for your long this legislation will mean a parent can sector a reasonable commonsense solu- hours, you can take a vacation when it leave work a little earlier to attend a tion to the ongoing tug of war between is convenient for me, if I am still in child’s school play or a son or daughter families and the workplace. Millions of business. can take time off from work to care for parents strive hard each day to meet Mr. Speaker, that is simply not good an elderly parent. these competing demands. If we can enough. These days there is not guar- It does not mean, as some opponents make life a little easier on the working antee that an employer will be around of the bill would have us believe, that families of this country, then we forever. In fact, 50 percent of new busi- employers can legally force workers to should take action today to help those nesses close within the first 3 years. So choose one option over the other families successfully balance work and if your boss forces you to take comp against their will or as a condition of family responsibilities. time, then takes your pay and invests employment. The legislation includes This is not the first time the House it in an investment for himself, pock- protections to ensure that employees’ has considered a comptime bill. A very ets the interest and then folds, under choice and use of compensatory time similar bill was passed by the House this bill you are left holding nothing off is completely voluntary. Under the last July after numerous changes were but a worthless note saying, I owe you legislation an employee may withdraw made to it, mostly at the request of the a vacation. or cash out from a comptime arrange- minority. Republicans and many That does not put food on the table, ment at any time. H.R. 1 clearly pro- Democrats voted for the bill. I encour- Mr. Speaker. This bill eliminates the vides for serious penalties against any age all of my colleagues to give it their 40-hour week and replaces it with an employer who attempts to coerce or in- full support again today. 80-hour 2-week block which will hurt timidate an employee into taking or In closing I would emphasize that hourly workers, especially women. not taking the comptime option. this rule will allow us to have a full This bill will pressure low wage, It is important to note, Mr. Speaker, and fair debate on this legislation and hourly workers to give up their over- that the only limitations that the bill its implications for the modern work- time pay. In the women’s legal defense March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1117 fund said, and I quote, ‘‘this bill gives If the employer says yes, which I moms and dads of America, to have the employees less control over both their think most employers around the coun- flexibility to meet the responsibility of time and their paychecks by creating try, wanting to work with their em- parenting. This bill allows today’s em- new risks and new problems.’’ ployees, will say yes, it is an agree- ployees to choose whether to take paid Meanwhile, some of my Republican ment between the employer and the time off or to have additional overtime colleagues argue that this bill gives employee on whether the employee pay. With comp time a working mom women flexibility. It just does not do wants comp time or overtime. The op- will never again be forced to choose be- anything of the sort. But the Family tion is at the discretion of the em- tween spending time with her child or and Medical Leave Act did. And my Re- ployee, not the employer. working long enough to provide food publican colleagues spent 5 years try- Why should we not empower Amer- and shelter. ing to kill that family friendly bill. ican workers to have more flexibility Comp time allows mom and dad to Mr. Speaker, if we really want to over their schedule? Why should we not have the flexibility to spend more time help women, if we really want to help empower American workers to make with their families, more time to take the working American families, we these decisions with their employer? their child to the doctor, or to care for should expand the Family and Medical This is an example of the Federal Gov- an elderly family relative, and they Leave Act, which has already enabled ernment getting in the way of helping will do so without the loss of wages on 12 million workers to go home, to take to empower American workers and giv- which they depend. care of new children or a sick family ing the freedom and the flexibility to While both men and women are af- member. employers and to their employees to fected by this dilemma, the burden b 1130 work this out in an ever-changing seems to fall particularly hard on We should not pass this bill. This American workplace. many working women. In fact, recent bill, Mr. Speaker, gives workers very Mr. Speaker, this legislation is long national polling data indicates 70 to 75 little choice over their time, very little overdue. It will help employers and percent of working women support choice over their paychecks, and even their employees all across this coun- changing labor laws so that employers less protection against employers’ try. We ought to give them the freedom and employees have the flexibility to abuses. I urge my colleagues to oppose and the flexibility to work out their decide whether an employee receives this rule. schedule, which will benefit American cash or personal time for their over- Mr. Speaker, I reserve the balance of workers in the truest sense. time. my time. Mr. MOAKLEY. Mr. Speaker, I yield In 1994, the U.S. Department of Labor Ms. PRYCE. Mr. Speaker, I yield 3 2 minutes to the gentlewoman from found the number one concern for 66 minutes to the gentleman from Ohio California [Ms. ROYBAL-ALLARD]. percent of working women with chil- [Mr. BOEHNER], my good friend and col- Ms. ROYBAL-ALLARD. Mr. Speaker, dren under the age of 18 is the dif- league. I rise in opposition to the rule and the ficulty of balancing work and family. Mr. BOEHNER. Mr. Speaker, we have bill. Comp time is pro-family, pro-worker, a very important bill on the floor The supporters of H.R. 1 are trying to and when we really think about it, a today, the Working Families Flexibil- convince hard-working Americans that pro-child approach to provide relief to ity Act of 1997. this is a flexible pro-family, pro-worker the hard-working men and women As the gentlewoman from Ohio, my bill. In reality it is none of these across our Nation who struggle daily to colleague, pointed out in her opening things. Instead, the bill gives more support their families. remarks, the work force today is very power to the employer and limits the As a mother of grown children and a different than it was in the 1930’s when employees’ ability to determine for grandmother of seven wonderful grand- the law that we are amending was put themselves what is best for their fam- children, I know the considerable time in place: Mostly males in the work- ily, comp time or overtime pay. that it takes to raise a family in the place, very few mothers in the work- H.R. 1 gives the employer the power 1990’s. My children struggle daily with place. Today we find ourselves where to determine when and how employees the competing demands of work and working families have an awful lot of can use their comp time, and it encour- the pressures of home. The ability of demands that are placed on them. ages employers to avoid paying over- parents to opt for a voluntary comp With those demands, workers time wages by allowing them to dis- time program will prove to be an enor- throughout our country are asking for criminate against employees who opt mous aid in the battle to meet the ev- more flexibility. They are working for overtime pay instead of comp time. eryday requirements of raising a fam- with their employers, demanding more When real wages are stagnant or ily. flexibility to meet their demanding dropping for low and middle income From my professional experience as schedule at home, at school, as their Americans, the ability to work over- mayor of Charlotte, I know firsthand children are involved in sports and time is often the difference between comp time works. For the past decade other activities. paying the rent and putting food on the government workers have benefited When this law was written in the table or being homeless and hungry. from comp time. In Charlotte, exempt 1930’s, the Congress saw fit to make Equally as important is the fact that city employees enjoy the flexibility sure that anyone who worked for a this bill will not only impact the lives that comp time allows in their lives, local government had this option of of American workers now, it will also and certainly all workers in America compensatory time off in lieu of over- impact their future retirement income, deserve the same rights the Federal, time, and that is why employees who because current earnings determine fu- State, and local employees have en- worked for local city governments, ture Social Security and pension bene- joyed since 1985. county governments, State govern- fits. Comp time seeks to provide employ- ments and the Federal Government Mr. Speaker, it is the American ees a choice. It will give America’s have had this option now for almost 60 worker who knows what is best for his workers flexibility in scheduling the years, and they enjoy it. They like it or her family. Let us have a bill that hours that they work. I urge my col- because it works. truly empowers the employee and pre- leagues to support the rule so that we All we are trying to do here today is serves basic worker rights. Defeat the can provide America’s families with to give hourly workers who work in the bill and this mislabeled family-friendly this choice. private sector the same option that workplace act. Mr. MOAKLEY. Mr. Speaker, I yield public sector employees have had for Ms. PRYCE. Mr. Speaker, I yield 3 2 minutes to the gentleman from Mis- almost 60 years. Here is how it would minutes to the gentlewoman from souri [Mr. CLAY]. work: North Carolina [Mrs. MYRICK], a gra- Mr. CLAY. Mr. Speaker, I thank the First, the employer would have to cious lady and new member of the gentleman for yielding me this time. provide this benefit. They would have Committee on Rules. Mr. Speaker, I rise to oppose the rule to agree that they would allow their Mrs. MYRICK. Mr. Speaker, the because H.R. 1 is nothing but a Trojan employees to do it. If the employer beauty of comp time is that it empow- horse designed to fool workers into be- says no, there is no option. ers the employees, the hard-working lieving the majority has experienced H1118 CONGRESSIONAL RECORD — HOUSE March 19, 1997 some kind of pro-worker, gender- how they felt about the use of this par- Building foyer, for the first time, there friendly epiphany. ticular benefit that they already have. is a diabetes screening test that is on- This bill is not designed to strength- Let me just say the county govern- going for Members, for staff, and for en the flexibility of workers. Instead, it ments, I talked to two county govern- the public to test their blood to see if has been crafted to give those employ- ments in North Carolina, both of whom they have diabetes. ers who abuse their workers the power are using this in varying ways, and let The gentlewoman from Oregon, Ms. to exact unsecured loans from those me just say varying ways are possible ELIZABETH FURSE, and I, were advised workers in the form of deferred over- if the employee and the employer by Speaker GINGRICH to come over and time pay. agree. We have checked with several make this announcement with the hope H.R. 1 does not provide an employee local governments in California that that all Members, right now, will go any new opportunity to take leave. It decided not to use this. In other words, over and have their blood tested be- affords employers, not employees, the the possibility of saying yes or no to tween 11 o’clock today and 3 o’clock right to determine when employees this is pretty much evident across the this afternoon and take this very pain- may use the comp time they have board. less step to see if they have diabetes. earned. Under H.R. 1, employees can be I think people should recognize that Ms. FURSE. Mr. Speaker, will the required to work unreasonable hours this is a permissive law. It allows the gentleman yield? for no additional pay as a condition for employer to offer it if he wants to and Mr. NETHERCUTT. I am happy to being granted comp time. it allows the employee to accept it. yield for a very short supporting an- Mr. Speaker, I just want to say over Mr. Speaker, rather than considering nouncement by the gentlewoman from and over again, all employers are not this flawed bill, this House should be Oregon [Ms. FURSE]. evil and I wish everybody would accept considering legislation to expand the that fact. b 1145 benefits of the Family and Medical Mr. MOAKLEY. Mr. Speaker, I yield Ms. FURSE. I thank the gentleman Leave Act as proposed by President myself such time as I may consume to Clinton. If the Republicans are genu- for yielding. I just want to add to the answer the gentleman from North announcement of the gentleman from inely interested in flexibility for work- Carolina. He is correct, the statement I Washington [Mr. NETHERCUTT]. Anyone ing families, they would have sup- made on the 80-hour week was in the ported extension of the Family and who might need to screen their blood Senate version of the bill and not the for diabetes, and that is everyone, Medical Leave Act and would not be House version. I thank him for correct- should go down to the Rayburn foyer here today considering this paycheck ing me. reduction act. Mr. Speaker, I yield 2 minutes to the and get that blood test and screening Mr. Speaker, I urge my colleagues to gentleman from New Jersey [Mr. today. It is free, it is from 1 to 4. We really hope all will come down. defeat this rule. PALLONE]. Ms. PRYCE of Ohio. Mr. Speaker, I Mr. PALLONE. Mr. Speaker, I also Ms. PRYCE of Ohio. Mr. Speaker, I yield 2 minutes to the gentleman from rise in opposition to the rule. yield 5 minutes to the gentleman from North Carolina [Mr. BALLENGER], who Mr. Speaker, the Republican comp Pennsylvania [Mr. GOODLING], the has worked so hard on this initiative. time bill is yet another attack on chairman of the Committee on Edu- Mr. BALLENGER. Mr. Speaker, I America’s workers. This bill puts too cation and the Workforce. thank the gentlewoman for yielding me much power in the hands of employers Mr. GOODLING. I thank the gentle- this time. to overwork their employees and deny woman for yielding me this time. First of all, Mr. Speaker, I want to them their legal right to time and a Mr. Speaker, first of all, yesterday I correct the RECORD. The gentleman half overtime pay. did not have in front of me who did the from Massachusetts referred to this The bill provides no penalties to em- research that the ranking member on bill as allowing an 80-hour, 14-day ployers who manipulate their workers the Committee on Rules asked for, and workweek, and I am sure he misspoke into accepting compensatory time off I wanted to report that to him today. but I want to correct the RECORD. when, in fact, that employee would Seventy-five percent of the employees There is no such provision in H.R. 1. It rather have their pay. surveyed by the polling firm of Penn & has only to do with the 40-hour work- Republicans claim comp time legisla- Schoen Associates favored allowing week and does not change anything. tion will provide workers flexibility to employees the option of time off as an I want to say something ahead of spend time with their families; how- alternative to overtime wages. I did time, Mr. Speaker, because I think the ever, the bill does not allow workers to not have that before me yesterday. I speeches today will be aimed at the take comp time when they need it. It want to make sure that the ranking evil employer syndrome that the com- forces workers to take comp time when member knows who the people are. I do mittee has brought out. The Democrat employers want them to take it. This not know them, but those are the members of the committee brought out is not family friendly, it is employer names. over and over that all employers are friendly. Comp time is simply an ex- Mr. Speaker, since we are on the basically dishonest and, therefore, will cuse to allow employers to avoid pay- rule, I thought I would mention three ing overtime to workers who deserve cheat their employees one way or the amendments that will be offered that it. are quite acceptable. These three other. The 40-hour workweek has provided amendments came about because of One of the quotations that has been workers with a benchmark schedule to discussions we had during the markup used over and over again in studying which they live their lives. Comp time this bill is, already we are losing $19 legislation will destroy the 40-hour in committee. billion a year in unpaid overtime. This workweek and force working men and The first amendment would require statement has no reason at all to be in women to lead lives without normalcy. that an employee have worked at least this debate. This happens to be involv- Children will have to come home from 1,000 hours in a period of continuous ing a thing called pay docking. We all school not knowing if their parents employment with the employer in a 12- studied this last year. It has to do with will be home or will be forced to work month period. There were those who salaried workers who possibly may be overtime. had concerns about migrant workers, allowed to have additional pay because This bill, and I stress, is not family there were those who had concerns of overtime hours. But they are sala- friendly. It is actually more disruptive about construction workers, and so on. ried workers. to the lives of our workers, and I urge We have taken care of that with the We are not talking about salaried my colleagues to vote against it. first amendment. workers in any way, shape or form. We (Mr. NETHERCUTT asked and was The second amendment would limit have only to deal with hourly workers. given permission to speak out of the number of hours of compensatory So the $19 billion they are talking order.) time an employee could accrue to 160 about does not apply in any way, FREE DIABETES SCREENING TEST OFFERED hours, moving it down from 240. Again shape, or form. TODAY IN RAYBURN HOUSE OFFICE BUILDING there was concern that maybe 240 I want the people to know I have Mr. NETHERCUTT. Mr. Speaker, hours were too many. So we reduced called local governments to find out today in the Rayburn House Office that in this amendment. March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1119 And the third amendment, which is a Consideration of payment. Any pay- they may be able to work because they sweeping amendment, because it has ment owed to an employee under the may not be able to work. So they have never ever been a part of any labor law, subsection for unused compensatory to have that overtime pay instead of the third amendment is a sunset provi- time shall be considered unpaid over- comptime. They want that decision to sion. That has never happened before. I time compensation. An employee who be theirs and not their employer. have no problem with a 5-year sunset has accrued compensatory time off Under H.R. 1, employers will have provision, because I am positively sure which is authorized to be provided who complete and unilateral discretion over that by the end of 5 years, you try to has requested the use of compensatory who will receive comptime and also take away somebody’s comp time, time shall be permitted by the employ- when they will receive it. That is why there will be bloodshed outside the ee’s employer to use such time within some of the amendments may make halls, if not inside the halls, because it a reasonable period after making the changes in it and may make it look will be something that most people request if the use of the compensatory prettier, but, Mr. Speaker, it will not want to accept and, as I indicated, 75 time does not unduly disrupt. make the bill that much better. ‘‘You percent have indicated that. The same words, I remind Members, can put earrings on a pig, but it’s still If people have watched talk shows that are in the Family and Medical a pig.’’ and television and read the newspaper, Leave Act. So the protections are here, In H.R. 1, employers maintain ultimate con- we are getting the same results: three one after the other. All those protec- trol of when to grant their worker comptime. out of four say they want the oppor- tions in a little two-page bill. It is the Regardless of the amount of notice the worker tunity to take comp time. So it is obvi- most employee protected legislation provides, employers can deny use of ous that this legislation is something that has ever come here in 22 years. comptime if the firm claims they would be un- that most of the American people Mr. MOAKLEY. Mr. Speaker, I thank duly disrupted. want. We just have to make sure that my dear friend the chairman, for the What good is it to earn comptime if your they have that opportunity. And they information on his polling data: three employer does not allow you to use it or want it because, of course, the public out of four people want comp time. forces you to use it instead of vacation. This sector presently has it and the private Peter Hart, our pollster, says three out issue is not addressed in the Republican bill. sector is saying, well, if the public sec- of four people want wages. I wish our Instead of this seriously flawed Republican tor can have this, why can we not have pollsters could get together. proposal, we should support Mr. MILLER's pro- it? Mr. Speaker, I yield 2 minutes to the posal giving employees real comptime. There are those who are going to talk gentleman from Texas [Mr. GREEN]. The Democratic substitute provides real em- a lot about there is no protection. You (Mr. GREEN asked and was given ployee choice and real employee protections. are going to hear all sorts of things permission to revise and extend his re- I urge my colleagues to vote ``no'' on H.R. about no protection. Well, this bill, you marks.) 1 and ``yes'' on the Miller substitute. see, is only two pages long in this very Mr. GREEN. Mr. Speaker, first I Ms. PRYCE of Ohio. Mr. Speaker, I small print. Two pages long. But let me would like to thank the Committee on yield 15 seconds to the gentleman from talk a little about protections in the Rules for this partially open rule. I Pennsylvania [Mr. GOODLING], the bill: hope we would see such a rule on more chairman. An employee may withdraw an agree- bills so that we have the opportunity Mr. GOODLING. Mr. Speaker, I ment described in paragraph (2)(B) at to make changes. I know my good thank the gentlewoman for yielding me any time. An employee may also re- friend, the chairman of the Committee this time. quest in writing that monetary com- on Education and the Workforce, In the legislation, with earrings or pensation be provided, at any time, for talked about some of the amendments without, an employer which violates all compensatory time. that would change H.R. 1, and in Texas section 7(r)(4) shall be liable to the em- They presently have with just a 30- we have a saying: ‘‘You can add ployee affected in the amount of the day notice. An employer which provides compen- earrings on a pig, but it’s still a pig.’’ rate of compensation determined in ac- satory time under paragraph (1) to em- And so these amendments make it look cordance with section 7(r)(6)(A) for ployees shall not directly or indirectly prettier, but it does not change the each hour of compensatory time ac- intimidate, threaten, or coerce or at- bill. crued by the employee, and in an addi- tempt to intimidate, threaten, or co- The chairman is also right that we do tional equal amount as liquidated dam- erce any employee for the purpose of not pass laws here for the 95 percent of ages reduced by the amount of such (A) interfering with such employee’s the employers who may treat their em- rate of compensation for each hour of right under this subsection to request ployees fairly. We pass it for those 5 compensatory time used by such em- or not request compensatory time off percent who are going to take advan- ployee. in lieu of payment of monetary over- tage of them. We do not pass laws pro- We make very, very sure that the time compensation for overtime hours, hibiting bank robbery for the 99 per- employee is the protected person in or (B) requiring any employee to use cent of the people who do not go out this legislation. such compensatory time. and rob banks. We pass laws against it Mr. MOAKLEY. Mr. Speaker, I yield Termination of employment. An em- for those 1 percent who decide that is 5 minutes to the gentleman from ployee who has accrued compensatory where the money is at and they are Michigan [Mr. BONIOR], the distin- time and eventually does not have a going to go take it. That is why we guished minority whip. job, not anything to do with compen- have these laws. That is why the pro- Mr. BONIOR. I thank the gentleman satory time but because of downsizing, tections have to be there. for yielding me this time. immediately receives their money. I know that we have a duel of polls Mr. Speaker, working people do not Private employer actions. An em- here that say 75 percent of the people, have much control in the workplace ployer which provides compensatory and I will agree with the chairman that today. They do not have control over time under paragraph (1) to employees 75 percent of the people do support the their pay. They do not have control shall not directly or indirectly intimi- concept. But we also know that the na- over their pensions. They do not have date, threaten, or coerce or attempt to tional polls say that an overwhelming control in most instances over their intimidate, threaten, or coerce any em- number of hardworking employees ex- health insurance. And most of them do ployee. pect to be forced by their employer to not have a say in the day-to-day deci- If compensation is to be paid to an accept comptime instead of overtime sions. But this bill takes away the one employee for accrued compensatory pay, and that is a major concern. thing, the one thing that most people time off, such compensation shall be I have a district where people need to do have control over, and that is con- paid at a rate of compensation not less have that overtime pay to make ends trol over their time. than the regular rate received by such meet, particularly for people who are Most parents would do anything to employee when the compensatory time in the lower wage bracket. They have spend more time with their children. was earned or the final regular rate re- to do it. Workers who are seasonal They would do anything to be there for ceived by such employee, whichever is workers have to depend on that over- that soccer game. Those are the most higher. time pay for that 6 or 8 months a year precious moments in raising a child. H1120 CONGRESSIONAL RECORD — HOUSE March 19, 1997

And be there when their children come hours, less money, and less control Ms. DELAURO. Mr. Speaker, these home from school. And if this bill did may sound like flexibility to some peo- are tough times for many Americans as that, I would support it in a heartbeat. ple, but for America’s working fami- they struggle to make ends meet while This bill is not about giving employ- lies, this is a lose-lose situation. balancing the challenges of work and ees more time off. It is about giving b 1200 family. Families rightly seek greater employers more control. We do not flexibility and paycheck protection to need this bill to have more comp time. If we really want to help families, if meet their obligations at home and on Current law already allows employers we really want to give employees, not the job. to offer comp time. They just cannot employers, the full power to decide be- Unfortunately, the Republican comp force comp time. They cannot force tween comptime and overtime pay, time bill makes life harder, not easier, employees to give up their overtime then the substitute of the gentleman for these families. The bill, more accu- pay for a promise of time off. from California [Mr. MILLER], which rately named the Paycheck Reduction This bill changes all of that. This bill will be before us in a little while, is the Act, fails to ensure that employees can changes the law so employers no longer vehicle to do that. But make no mis- use comp time when they need it. have to pay overtime wages for over- take about it. This bill is a pay cut for Worse, it could take valuable overtime time work. And in doing so, it takes American workers. If it gets to the pay out of employees’ pockets. away the one sure path that most peo- President’s desk, he will veto it. In recent years 80 percent of working I urge my colleagues oppose this bill, ple have to earn a better living for families have seen their wages fall be- support the Miller substitute, and give their families. If this bill becomes law, hind or just keep pace with inflation. our families a fighting chance. an employer could force an employee Ms. PRYCE of Ohio. Mr. Speaker, I Families have responded by working to work 70 hours one week, 60 hours the yield 3 minutes to the gentleman from harder. More mothers are working than next week, 50 hours the week after ever because their families need the North Carolina [Mr. BALLENGER]. that, with no overtime pay. And then it Mr. BALLENGER. Mr. Speaker, I money. Two-thirds of mothers worked also gives the employer control to de- thank the gentlewoman for yielding in 1993 as opposed to just over a quarter cide when and if and how employees this time to me. I would like to say in 1960. Today many working men and take time off. that let me first of all say taking comp women depend on overtime wages to Mr. Speaker, the potential for abuse time does not affect your pension. pay the bills each month. One-fourth of of this system alone is awesome. We al- Now let me say we had several em- all full-time workers spent 49 or more ready live in a country where viola- ployees that testified before our com- hours a week on the job in 1990, and tions in overtime laws are so common mittee, and I would like for people to half of these workers put in 60 or more that working people are cheated out of hear what they said. hours per week. $19 billion a year. Do we really want to This is from Christine Korzendorfer: Mr. Speaker, families depend on pass a law that completely takes the Overtime pay is important to me; however, overtime wages. Giving employees overtime cop off the beat? We are all the time with my family is more important. greater flexibility is a must in these for giving families more flexibility, but If I had a choice, there are times that I hectic times. But the Republican bill is this is nothing but a pay cut, pure and would prefer to take comp time in lieu of not the answer. simple. If this bill becomes law, a sin- overtime. What makes the idea appealing is If we want to give workers greater gle mom who puts in 47 hours at $5 an that I would have the choice with the legis- flexibility, let us start with a proven hour could lose $50 a week. A factory lation you’re considering. Knowing that I winner, the Family and Medical Leave could have a choice in how to use my over- Act. Since President Clinton signed worker who works the same amount of time would allow me to better combine my time for $10 an hour could lose $110 a work and my family obligations. that law in 1993, family and medical week. This is Peter Faust from Iowa: leave has helped 12 million Americans Mr. Speaker, people do not work take off the time that they need for the Time is precious and fleeting. There are al- overtime because they like to spend ways lots of ways to make money in this birth of a child or to care for a sick time away from their kids. They do not country and lots of ways to spend it, but family member. work overtime for those reasons. They there is only one way to spend time with The act’s unpaid leave has given work overtime because they need the yourself, family or friends; and that’s to workers flexibility with virtually no money, and they work hard for it. If have time to spend. When I look back on my negative effects on employers, accord- this bill becomes law, workers are life, my regret will be and already is that on ing to a bipartisan commission on going to need comp time to find a sec- occasions when I needed to be there for my leave. Broadening the scope of this bill ond job to make up for the money they family or they asked me to be part of their would allow workers to meet their life I couldn’t be there because I either didn’t lose in overtime pay. have the time saved up or I couldn’t afford commitments without jeopardizing And here is the real kicker. Here is the time off without pay. Pass this bill into their overtime wages. the main reason why this is such a bad law. Let us expand family and medical idea. For most people, their retirement And then Linda Smith from Miami, leave. That is the sensible path toward income depends directly on how much FL: greater flexibility in the workplace. they get paid while they are working. With the implementation of bank comp But the Republican leadership refuses If you cut a person’s paycheck, you cut time program, I could use my overtime hours to consider such a commonsense ap- their pension, you cut their Medicare to create time for pregnancy leave for a sec- proach to help American workers. and you cut their Social Security. No ond child, for furthering my education, tak- For that reason I urge my colleagues comp time promise in the world can ing care of a debilitated parent or, closest to to defeat the previous question so that make up for that. my heart, creating special days with my we can bring true workplace flexibility And what happens if you build up 240 daughter. Accrued comp time will also allow legislation to the floor in the form of hours of comp time? You store it, you me to take time off for doctors appointments an expanded Family and Medical Leave build it up, and then your company and teachers conferences or to take care of a Act. sick child without having to use accrued sick goes bankrupt. It happens every day in time. Today it’s only prudent for individuals Ms. PRYCE of Ohio. Mr. Speaker, I the construction industry, in the gar- to take steps necessary to prepare for their yield 1 minute to the gentleman from ment industry, in the building trades. future financial needs. H.R. 1 seemed to be a Pennsylvania [Mr. GOODLING]. Yet this bill has absolutely no protec- perfect vehicle to do something with our Mr. GOODLING. Mr. Speaker, I real- tions against it. time. ize, if my colleagues have made up So it is no wonder, as my friend from And then finally quoting President their mind that they want to vote Texas who just spoke said, 66 percent Bill Clinton: ‘‘We should pass flex time against the bill, the best way to do of the working people, working men so workers can choose to be paid for that is just not read the bill. Then they and women, fear that employers would overtime in income or trade or trading can say anything on the floor of the use this law to avoid overtime pay. It it for time off with their families.’’ House. But if they read the bill and it is no wonder that nearly 7 out of 10 Mr. MOAKLEY. Mr. Speaker, I yield is only a couple little pages, then they working people prefer overtime pay to 2 minutes to the gentlewoman from will realize that most of what they forced compensation time. Longer Connecticut [Ms. DELAURO]. heard has nothing to do with reality. March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1121 Now first of all I mentioned a lot of overtime. Although this testimony was subse- the inside the beltway test, where we the protections that are in there. Now quently disavowed, the transparent aim of never pass legislation that helps people the protection is the same as the State H.R. 1 and its Senate counterpart is to allow in the way they really live their lives, and local government law, and that has businesses to work their employees overtime where they work their jobs, and raise been going on now since 1985, and it has without time-and-a-half pay. their families. been defined in the Department of What the authors of the Paycheck Reduc- This bill gives bosses an iron fist and Labor regulations, and it has been fur- tion Act would like you to believe is that this a velvet glove. That is why it flunks ther defined by the interpretation, bill offers workers more control over their the in-the-real-world test. In the real strict interpretations, in court. working lives. What it really does is take away world, hourly workers would be appre- We are talking the beauty of this in an individual's right to choose. Under H.R. 1, hensive to say no when their boss asks relationship to what the gentlewoman workers don't have the ability to schedule their them to agree to take comp time in- just said about family and medical earned compensatory time when they need it. stead of overtime at time and a half. In leave. This is paid time off. Family and In fact, employers can schedule compensatory the real world, 85 percent of workers do medical leave is unpaid time off which time anytime they choose without ever having not have unions to protect them makes it very, very difficult to take. to consult the workers. For example, a work- against one-sided employers. In the Mr. MOAKLEY. Mr. Speaker, I yield ing mother who puts in 47.5 hours a week at real world, many employers would such time as he may consume to the $5 an hour will earn $256.25 for the week. force workers to take comp time at a gentleman from Indiana [Mr. VIS- Substitute comp. time for the overtime pre- time that is good only for the boss. In CLOSKY]. mium, and she gets $200 a week and the the real world, when bankruptcies are (Mr. VISCLOSKY asked and was promise of compensatory time offÐtotally sub- still prevalent and factories are mov- given permission to revise and extend ject to the employers discretion. That equals ing overseas, workers could simply lose his remarks.) an almost 22-percent pay cut for that mother. their comp time credits. Mr. VISCLOSKY. Mr. Speaker, I rise In essence, H.R. 1 gives employers a veto Mr. Speaker, let us pass a law that in opposition to the rule on H.R. 1. over their workers' use of their own earned really helps working families make a Mr. Speaker, I rise today to express my hours off. genuine choice between comp time and strong opposition to H.R. 1, the Paycheck Re- I further oppose H.R. 1 because of the sub- overtime pay, not a bill which only duction Act. This bad bill is just one more at- tle, but lasting, negative effects that it would works when we are dealing with the tempt by the Republican-controlled 105th Con- have on worker benefits that are indexed to an Alice in Wonderland world inside the gress to weaken the rights of working men employee's hours or earnings. Beyond the beltway. and women. I am very concerned that permit- short term, H.R. 1 contains no provision for Ms. PRYCE of Ohio. Mr. Speaker, I ting employers to compensate hourly employ- crediting overtime hours worked, and it ig- reserve the balance of my time. ees' overtime work in time-off, rather than in nores all the long days and late nights that Mr. MOAKLEY. Mr. Speaker, may I cash, will in many workplaces, significantly re- employees have given to their employers. Be- inquire of my colleague how many duce workers' take home wages. cause of this, whenever employees draw on speakers the gentlewoman from Ohio I oppose this bill because it would signifi- benefits tied to earnings, from unemployment has remaining and how much time is cantly weaken labor protections for the people to a pension, they're going to experience a re- remaining? who can lease afford to lose them, such as duction in those benefits; Ms. PRYCE of Ohio. Mr. Speaker, I construction workers. It is the carpenters, elec- Mr. Speaker, when the people back home in believe we have two speakers remain- tricians, pipefitters, and sheet metal workers, my district sit down each month to figure out ing. I do not know about the time. in my district, who during the warm spring and financially how they are going to make it The SPEAKER pro tempore (Mr. summer months, work all the overtime pos- through the upcoming month, they take into TAYLOR of North Carolina). The gen- sible so they can accumulate enough money account their expected overtime wages. Em- tleman from Massachusetts [Mr. MOAK- to last them through the cold winter months. ployers don't just hand out bonuses any more. LEY] has 10 minutes remaining, and the They know that in December, January and Today, you've got to earn them. I'm voting gentlewoman from Ohio [Ms. PRYCE] February they are going to have more time-off against this misguided bill because without has 63⁄4 minutes. than they want. It is this core of the work force overtime pay, many of my constituents can't Mr. MOAKLEY. Mr. Speaker, I yield that no longer looks at the 40-hour work week afford to send their kids to college, buy a reli- 2 minutes to the gentleman from Mas- as a standard, but rather, as nostalgia. able care for work, or provide themselves and sachusetts [Mr. OLVER]. These are the same people who are the their families with adequate care. This bill guts (Mr. OLVER asked and was given most likely to suffer coercive practices by their the protections of the Fair Labor Standards permission to revise and extend his re- employers by being forced to accept compen- Act, and it undermines living standards for marks.) satory timeÐwhich they don't want and can't workers. H.R. 1 is not designed to give work- Mr. OLVER. Mr. Speaker, I thank affordÐinstead of benefiting from the premium ers more control over their working lives. It is, the gentleman for yielding this time to overtime pay they have earned. In a perfect instead, an attempt to snatch hard won rights me. world, all businesses have the financial re- out the hands of this country's workers and Mr. Speaker, the Working Families sources to cash out all employees at the end deny them basic, simple needs, like respect Flexibility Act is a misnomer, but it of every year for their unused compensatory for their hard work, a decent living wage, and certainly clearly defines what the ma- time, as the bill would require. But this is not a chance to provide for their families. I urge a jority thinks about the struggle work- a perfect world. Many small contractors do not ``no'' vote on the Paycheck Reduction Act, ing families face. H.R. 1 does not help have the cash resources to even-up with their H.R. 1. workers balance their work and family workers, and they would send them into the Mr. MOAKLEY. Mr. Speaker, I yield obligations. Instead, it lets employers slow winter months without the money in their 2 minutes to the gentleman from Penn- dictate how workers will balance their bank accounts that they and their families sylvania [Mr. FOGLIETTA]. working family. H.R. 1 allows employ- need to survive. My colleagues on the other Mr. FOGLIETTA. Mr. Speaker, I rise ers to use comp time to deny workers side of the aisle talk about pay as you go. A in strong opposition to H.R. 1 unless we overtime pay and then gives the em- pay as you go policy is the only way compa- also pass the Miller amendment. ployers the ultimate control over the nies should be able to pay their workers. Today we are considering a bill that use of the comp time. Employers can But I don't take my word about the true in- would affect the lives and pocketbooks force workers to take time off when it tent of this bad bill. In February, during a Sen- of 60 million workers. Giving workers is convenient for the company rather ate hearing on that body's version of this leg- the choice between overtime pay and than for the workers and their fami- islation, one of the Republicans' handpicked comp time is something good, some- lies. comp. time advocates urged support for the thing we should try to achieve. But any H.R. 1, the Republican plan, is bill based on the acknowledged fact that build- comp time bill must provide proper masked in profamily and proflexibility ing contractors can't afford to pay their em- balance between the rights of workers rhetoric, but in reality this bill is ployees overtime. She even went far enough and the needs of employers. antiworker and antifamily. It denies to elaborate on a scheme of how an employer If we are going to pass such a bill, access to overtime and thereby reduces could require a construction worker to work that bill should pass the in-the-real- the living standards of working fami- over 50 yours a week without having to pay world test. Instead, H.R. 1 just passes lies. Families depend on overtime to H1122 CONGRESSIONAL RECORD — HOUSE March 19, 1997 put food on the table, clothe the kids, want another advantage. Look at the declared, and I quote, we should pass and pay the mortgage. For too many record of the last 15 or 20 years. Do flex time so workers can choose to be Americans overtime is simply the dif- they really need it? Have we not re- paid for overtime income or trade in ference between making ends meet and duced the wages of the working men for time to be with their families. It is falling behind. and women of this country suffi- here because it was in the President’s Now, there is no dispute. Working ciently? And has not the wages of the State of the Union speech, among other Americans want and need and deserve upper income brackets in our country reasons. more time with their families. But this gone up sufficiently? Do we need to Mr. Speaker, today, I rise to express bill does not provide it. If we are seri- once again tilt the balance against the my strong support for H.R. 1, the ous about making the workplace favor working men and women of this coun- Working Families Flexibility Act. The working Americans, we should enhance try? No. 1 concern for two out of three family and medical leave and improve I do not believe so. working women with children in Amer- wages. We should expand the health Please let us protect labor costs and ica today is the difficulty of balancing care coverage and make pensions port- vote down this measure. work and family. Three out of four of able. But American workers work over- Ms. PRYCE of Ohio. Mr. Speaker, I those working women with children be- time because they need the money, and continue to reserve the balance of my lieve that having the option to choose we will earn the support and thanks of time. either cash wages or paid time off for working Americans when we show Mr. MOAKLEY. Mr. Speaker, I yield working overtime would help them them the money. 2 minutes to the gentleman from New substantially balance their work re- Ms. PRYCE of Ohio. Mr. Speaker, I Jersey [Mr. MENENDEZ], the chief dep- sponsibilities and their family respon- reserve the balance of my time. uty whip. sibilities. Mr. MOAKLEY. Mr. Speaker, I yield Mr. MENENDEZ. Mr. Speaker, I Mr. Speaker, when I have the chance, 2 minutes to the gentleman from Wash- thank the distinguished gentleman for I spend time with my daughter, ington [Mr. SMITH]. yielding time. Courtney, and my son, Stephen. Mak- Mr. SMITH of Washington. Mr. Mr. Speaker, what are we doing here ing the choice between fulfilling my Speaker, I too rise in opposition to today? What we are doing is reducing obligations of my job and watching my H.R. 1. It is basically another blow to our workers to the status of serfs. Em- daughter’s swim meet or my son’s lit- the working men and women of our ployers do not own employees or their tle league game is always a difficult country, and it is important to look at time. The wisdom of the 40-hour work trade-off. But unlike many Americans, one critical question. As was said by Mr. Speaker, I have that ability, the the worker I believe was from Iowa week is not the amount of time, but that time over and above 40 hours is ability to make time for my family that the majority party cited: If I had when needed. the worker’s; and imposition on it the choice. Regrettably, Mr. Speaker, many must be paid for. Well, it has been pointed out numer- American working men and women in Mr. Speaker, comp time is not giving ous times the employee does not have the private sector do not have that the choice in this bill, and that is the employees an option as described in choice. They are tied to their desk by critical factor. The employer controls, this bill. It is taking away rights from outdated and out-of-touch Federal law. as they do far too often, the working workers, taking money from their H.R. 1 will solve this problem. conditions that men and women face in pockets, and food from their children’s Today, current law makes it illegal this country. But what I really want to mouths. It is the unlawful seizure of for employers to allow employees to get into is why this bill is here today. the workers’ time. The employers are choose between overtime pay and com- To hear from the majority party and not giving the worker anything in this pensatory time off. For example, if a supporters of this measure, we would bill by providing comp time. It is not worker in America works 45 hours this think that a grassroots movement rose time the employer is entitled to give. week and wants to take time off next up of working people in this country H.R. 1 is capping wages as a salary week to spend time with his or her and demanded comp time, that it was limit and giving nothing in return. It family instead of getting paid over- from the people, when everyone on this masks employers’ inefficiencies in time, Federal law says they cannot, floor knows that this bill came to us managing the work force at the ex- even if they and their employer agree from the employer community. They pense of employees. It will be abused. that it would be better. are the ones who wanted it; they are b 1215 Interestingly, Mr. Speaker, that is the ones who lobbied for it. not the case for Federal employees. Mr. Now, I am not going to say that the Do not kid yourself. In the workplace Speaker, Federal Government employ- employer community never cares about there is not, and never has been, equal- ees are exempt from this rule. The pol- its workers. Certainly they do, but ity in negotiating position. Even the icy of forbidding employees and em- they have another agenda on this bill. strongest complaint procedure, which ployers from voluntarily agreeing to That is the agenda that we have heard is not present in H.R. 1, is practically take time off instead of paid overtime far too often in the 1990’s: reduce labor unavailable to a minimum wage work- is dead wrong and fundamentally un- costs. That is why this bill is here, er or even a middle class worker. Who fair. It hurts working parents and fam- folks. It is not working men and can afford to await the result of an ad- ilies. women who rose up and asked for this. ministrative action against an em- One of our goals in this Congress, Mr. It is the employer community that ployer who will have them fired in the Speaker, ought to be to reduce exces- rose up and asked for this in another interim? sive and irrational governmental inter- effort to reduce labor costs. Put yourself in the worker’s position. ference in our daily lives and our econ- Mr. Speaker, I just want to briefly Two hours a day without overtime ef- omy. The existing Federal law prohib- remind my colleagues that labor costs fectively reduces wages by 25 percent. iting voluntary agreements for com- are wages. Returning time that is yours anyway is pensatory time off is a classic example I grew up in a working family. My fa- not compensation. In my view, this is of excessive Federal governmental in- ther was a baggage handler at United the cruelest form of a tax increase, and terference in our lives. That is why we Airlines and a union man who was paid the message from workers is thanks for need to pass the Working Families $16 an hour the year he died. Those nothing. Flexibility Act and remove this in- were labor costs. Labor costs to me is Ms. PRYCE of Ohio. Mr. Speaker, I equity. the house that I grew up in, the clothes yield 3 minutes to the gentleman from Under this bill, employees are given that I wore, the food that I ate, and Arizona [Mr. SHADEGG]. the choice through a voluntary written eventually the education that I was Mr. SHADEGG. Mr. Speaker, I thank agreement with their employer, to able to get because labor costs were the gentlewoman for yielding. choose to receive paid time off instead made available to average people in Let me begin by addressing a ques- of overtime pay. Just like cash, com- this country. tion raised on the other side about why pensatory time accrues at 1.5 times the Please do not mistake what this bill this legislation is here. In his State of regular rate. It simply gives the em- is all about. The employers simply the Union address President Clinton ployee the choice. March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1123 Mr. Speaker, I call for the passage of wrong with giving working Americans Let me just say Working Mother said H.R. 1 and urge my colleagues to join more choice and flexibility? What is that these were the best employers in us. wrong is that in the real world where the country and they, as well as their Mr. MOAKLEY. Mr. Speaker, I yield Americans work every day, our laws employees, want comp time. 2 minutes to the gentlewoman from are their only protection from unscru- Mr. MOAKLEY. Mr. Speaker, I yield New York [Mrs. MALONEY]. pulous employers who often demand myself the balance of my time. Mrs. MALONEY of New York. Mr. longer hours and try to avoid paying Mr. Speaker, the word ‘‘family Speaker, I rise against the rule on H.R. overtime. In the real world, thousands friendly’’ has been used here, but un- 1 and the bill. I want to make it very of employers skirt the overtime rules less you are a DuPont or Rockefeller or clear that the bill before us today is on the books every day, denying work- Ford, this is not friendly to your fam- not the President’s proposal. The ers $19 billion a year in overtime ily. President’s proposal would give work- wages. We simply cannot afford to Also, comp time and paid leave have ers real time off and expanded time off weaken workers’ protections. been used interchangeably. They are to go to school functions and medical Here is how the bill works. An em- not synonymous. There is a great deal visits and other activities. This does ployer does not like an employee; no of difference between paid leave and not. comp time. An employer does not want comp time, and I wish that people They call it the Working Families to give an employee time off; cash-out would realize that. Flexibility Act, but unfortunately, it is the comp time. An employer feels em- Mr. Speaker, I think all of the argu- neither flexible for workers, nor is it ployees are exercising their option too ments have been made. This is a bill family friendly. Under the guise of giv- frequently; revoke the comp time. that should not pass, and I hope the ing workers flexibility in the work- This bill is not about families or rule is defeated. place, H.R. 1 gives employers flexibil- flexibility, it is about paying off big Ms. PRYCE of Ohio. Mr. Speaker, I ity in deciding whether employees will business and cheating workers. It is yield myself the balance of my time. be able to collect overtime pay and about repealing the 40-hour work week I want to emphasize in closing that when they can take their accrued comp and the 8-hour day. Vote ‘‘no’’ on the this legislation attempts to strike a time. paycheck reduction act. balance, providing a win-win situation Ms. PRYCE of Ohio. Mr. Speaker, I Many workers rely on overtime pay for everyone. It brings labor law up to yield 3 minutes to the gentleman from to make ends meet. This bill allows date after 60 years, and allows deci- employers to find ways to intimidate North Carolina [Mr. BALLENGER]. Mr. BALLENGER. Mr. Speaker, if I sions to be made by responsible adults workers who insist on getting paid may again say, this has nothing to do and not a paternalistic Washington, overtime. That means that a single with changing the 40-hour work week. I DC. mother who relies on 5 extra hours of do not know where they are coming Many women do not have a choice. overtime pay each week may not get from. They have to work to make ends meet. any overtime assignments, if the em- We have had three hearings on this Give them the flexibility to exercise at ployer knows that another worker is bill. Every employee that testified, tes- their option the right to be with their willing to do the work for comp time. tified in favor of the bill. We had no children when it is so very important. That does not help the single mother, employee testify against it. Only the Now, Washington says, the boss cannot it robs her of her ability to earn valu- Washington union leaders testified do this, even if he or she wants to. able overtime pay. against this bill. Mr. Speaker, give these folks a The people who are affected by H.R. 1 Let me read a letter from some of the break. For some families, time is just are not usually in a powerful position, best companies in the country for em- as important as money. There is one and are therefore unlikely to refuse ployees: ‘‘Working Mother Magazine fact in life: There is only so much time. their employers’ requests to do them a recently recognized our companies as Time is as precious as money. Why favor by being paid in comp time in- being among the top 100 with the best would Washington stand in their way? stead of their valuable overtime pay. employment policies in the United Mr. Speaker, this legislation is a win- Two-thirds of covered employees make States for working mothers. The arti- ner for everyone. I sincerely hope we less than $10 an hour. Thirteen percent cle in Working Mother and other publi- can move it to the President’s desk of workers get overtime pay each week. cations highlighted some of the cre- quickly. I urge a ‘‘yes’’ vote on the rule This money is not always extra. Be- ative solutions companies are develop- and on H.R. 1. cause women are the majority of low- ing to accommodate the unique needs Mr. Speaker, I yield back the balance wage workers, they are more vulner- of working parents. of my time, and I move the previous able to these potential abuses of the In our quest to create a family friendly question on the resolution. law. work environment, we have explored a vari- The previous question was ordered. Mr. Speaker, this bill is brought to ety of benefits and policies. One of the issues The SPEAKER pro tempore (Mr. you by the same people who fought consistently raised by our employees is a TAYLOR of North Carolina). The ques- against and voted against family and need for greater flexibility in scheduling tion is on the resolution. medical leave. Do they care about pro- work time. Unfortunately, our ability to pro- vide this flexibility is significantly ham- The question was taken; and the tecting workers? I do not think so. Speaker pro tempore announced that This is a bill that would threaten pered by the Fair Labor Standards Act. Be- cause of the FLSA, we are not allowed to the ayes appeared to have it. women and working people around the offer compensatory time off to our hourly Mr. MOAKLEY. Mr. Speaker, I object country. This bill is not family friend- employees. to the vote on the ground that a ly, it is family fraudulent. Many companies, like ours, offer an array quorum is not present and make the Mr. MOAKLEY. Mr. Speaker, I yield of benefits to working parents such as child point of order that a quorum is not 1 minute to the gentleman from New care assistance, extended maternity or pa- present. York [Mr. NADLER]. ternity leave, and telecommuting. These programs can be expensive and that expense The SPEAKER pro tempore. Evi- (Mr. NADLER asked and was given dently a quorum is not present. permission to revise and extend his re- often makes them prohibitive to small em- ployers. This bill allowing for flexible sched- The Sergeant at Arms will notify ab- marks.) uling arrangements certainly represents a sent Members. Mr. NADLER. Mr. Speaker, in typi- way that larger employers can further ac- The vote was taken by electronic de- cal fashion, the Republican leadership commodate their employees. In addition, it vice, and there were—yeas 229, nays has given a terrible bill a pretty name represents a way small employers can re- 195, not voting 8, as follows: and trotted it out as the greatest thing spond to their employees’ needs in a rel- [Roll No. 54] for working families since the inven- atively inexpensive way. tion of the 40-hour work week, which it This letter was signed by Eastman YEAS—229 would undermine. Kodak, Hewlett-Packard, Hughes Elec- Aderholt Ballenger Bass Archer Barr Bateman They say workers will have the tronics, Johnson & Johnson, Merck & Armey Barrett (NE) Bereuter choice of how to receive compensation Company, Motorola, Texas Instru- Bachus Bartlett Bilbray for this work. What could possibly be ments, TRW Space & Electronics. Baker Barton Bilirakis H1124 CONGRESSIONAL RECORD — HOUSE March 19, 1997

Bliley Hall (TX) Peterson (MN) Hilliard McDermott Rush North Carolina [Mr. BALLENGER], the Blunt Hansen Peterson (PA) Hinchey McGovern Sabo Boehlert Hastert Petri Hinojosa McHale Sanders author of the bill and subcommittee Boehner Hastings (WA) Pickering Holden McIntyre Sandlin chairman. Bonilla Hayworth Pitts Hooley McKinney Sawyer Mr. BALLENGER. Mr. Chairman, I Bono Hefley Pombo Hoyer McNulty Schumer thank the gentleman for yielding me Boyd Herger Porter Jackson (IL) Meehan Scott Brady Hill Portman Jackson-Lee Meek Serrano the time. Bryant Hilleary Pryce (OH) (TX) Menendez Sherman This is a simple bill. It will allow pri- Bunning Hobson Quinn Jefferson Millender- Sisisky vate sector employers and employees, Burr Hoekstra Radanovich Johnson (WI) McDonald Skelton where there is agreement, to have the Burton Horn Ramstad Johnson, E. B. Miller (CA) Slaughter Buyer Hostettler Regula Kanjorski Minge Smith, Adam option of using comp time or paid time Callahan Houghton Riggs Kennedy (MA) Mink Snyder off in lieu of overtime pay. It is de- Camp Hulshof Riley Kennedy (RI) Moakley Spratt signed to give hourly employees the op- Campbell Hunter Rogan Kennelly Mollohan Stabenow portunity to have more flexibility in Canady Hutchinson Rogers Kildee Moran (VA) Stokes Cannon Hyde Rohrabacher Kilpatrick Murtha Strickland their work schedules so that, for exam- Castle Inglis Ros-Lehtinen Kind (WI) Nadler Stupak ple, they can better meet the demands Chabot Istook Roukema Kleczka Neal Tanner of work and family. Chambliss Jenkins Royce Klink Oberstar Tauscher Chenoweth John Ryun Kucinich Obey Taylor (MS) Let me just say that since I first in- Christensen Johnson (CT) Salmon LaFalce Olver Thompson troduced this bill in the 104th Congress, Coble Johnson, Sam Sanford Lampson Ortiz Thurman I have tried to address the concerns Coburn Jones Saxton Lantos Owens Tierney that others have had with this legisla- Collins Kasich Scarborough Lazio Pallone Towns Combest Kelly Schaefer, Dan Levin Pascrell Traficant tion. There have been changes made to Cook Kim Schaffer, Bob Lewis (GA) Pastor Turner this bill at each step of the process, at Cooksey King (NY) Schiff Lipinski Payne Velazquez least 23, and the majority of these Cox Kingston Sensenbrenner Lofgren Pelosi Vento Crane Klug Sessions Lowey Pickett Visclosky changes were made to give employees Crapo Knollenberg Shadegg Luther Pomeroy Waters greater control over their accrued Cubin Kolbe Shaw Maloney (CT) Poshard Watt (NC) comp time and to make perfectly clear Cunningham LaHood Shays Maloney (NY) Price (NC) Waxman that the choice of comp time by the Davis (VA) Largent Shimkus Manton Rahall Wexler Deal Latham Skeen Markey Rangel Weygand employee must be truly voluntary. DeLay LaTourette Smith (MI) Martinez Reyes Wise Let me review the protections for the Diaz-Balart Leach Smith (NJ) Mascara Rivers Woolsey employees: Dickey Lewis (CA) Smith (OR) Matsui Roemer Wynn Any agreement to take comp time Dooley Lewis (KY) Smith (TX) McCarthy (MO) Rothman Yates Doolittle Linder Smith, Linda McCarthy (NY) Roybal-Allard must be voluntary on the part of the Dreier Livingston Snowbarger NOT VOTING—8 employee and indicated in writing. Duncan LoBiondo Solomon Where the employee is represented by Dunn Lucas Souder Barcia Sanchez Stark Ehlers Manzullo Spence Calvert Shuster Torres a union, the agreement to take comp Ehrlich McCollum Stearns Kaptur Skaggs time must be part of the collective bar- Emerson McCrery Stenholm gaining agreement negotiated between Stump b 1248 English McDade the union and the employer. Ensign McHugh Sununu Everett McInnis Talent Ms. JACKSON-LEE of Texas, and An employee can always opt out of a Ewing McIntosh Tauzin Messrs. TOWNS, RANGEL, LAZIO of comp time agreement for any reason at Fawell McKeon Taylor (NC) New York, RUSH, DINGELL, and any time. The employer then has 30 Foley Metcalf Thomas OBEY changed their vote from ‘‘yea’’ Forbes Mica Thornberry days to compensate the employee with Fowler Miller (FL) Thune to ‘‘nay.’’ overtime pay instead of comp time. Fox Molinari Tiahrt So the resolution was agreed to. The bill protects against coercion Frelinghuysen Moran (KS) Upton The result of the vote was announced and has specific penalties for any em- Gallegly Morella Walsh Ganske Myrick Wamp as above recorded. ployer who coerces an employee into Gekas Nethercutt Watkins A motion to reconsider was laid on choosing or taking comp time against Gibbons Neumann Watts (OK) the table. his or her will. Gilchrest Ney Weldon (FL) The SPEAKER pro tempore (Mr. An employee could use accrued comp Gillmor Northup Weldon (PA) Gilman Norwood Weller TAYLOR of North Carolina). Pursuant time whenever he or she wants to use Goode Nussle White to House Resolution 99 and rule XXIII, this time and the only restriction on Goodlatte Oxley Whitfield the Chair declares the House in the the employee’s use of that time is that Goodling Packard Wicker Goss Pappas Wolf Committee of the Whole House on the it not unduly disrupt the employer’s Graham Parker Young (AK) State of the Union for the consider- operations. This is the same narrow Granger Paul Young (FL) ation of the bill, H.R. 1. standard used in the public sector and Greenwood Paxon would not allow the employer to con- Gutknecht Pease b 1252 trol the employee’s use of comp time. NAYS—195 IN THE COMMITTEE OF THE WHOLE In addition, the bill requires the em- Abercrombie Clayton Eshoo Accordingly the House resolved itself ployer to automatically cash out un- Ackerman Clement Etheridge in the Committee of the Whole House used comp time at the end of the year Allen Clyburn Evans on the State of the Union for the con- as an added protection for the em- Andrews Condit Farr sideration of the bill (H.R. 1) to amend Baesler Conyers Fattah ployee. Baldacci Costello Fazio the Fair Labor Standards Act of 1938 to There are surveys which show that Barrett (WI) Coyne Filner provide compensatory time for employ- there is strong support among hourly Becerra Cramer Flake ees in the private sector, with Mr. COM- employees for having this option. Obvi- Bentsen Cummings Foglietta Berman Danner Ford BEST in the chair. ously, not every employee would use it. Berry Davis (FL) Frank (MA) The Clerk read the title of the bill. Mr. CLAY. Mr. Chairman, I yield my- Bishop Davis (IL) Franks (NJ) The CHAIRMAN. Pursuant to the self 2 minutes. Blagojevich DeFazio Frost rule, the bill is considered as having Mr. Chairman, I rise to oppose H.R. 1 Blumenauer DeGette Furse Bonior Delahunt Gejdenson been read the first time. because it is another piece of deceptive Borski DeLauro Gephardt Under the rule, the gentleman from antiworker legislation that belittles Boswell Dellums Gonzalez Pennsylvania [Mr. GOODLING] and the the character of this institution and Boucher Deutsch Gordon Brown (CA) Dicks Green gentleman from Missouri [Mr. CLAY], heaps scorn on the intelligence of the Brown (FL) Dingell Gutierrez each will control 30 minutes. fine men and women who constitute Brown (OH) Dixon Hall (OH) The Chair recognizes the gentleman our great labor force. Capps Doggett Hamilton from Pennsylvania [Mr. GOODLING]. Mr. Chairman, this bill is merely a Cardin Doyle Harman Carson Edwards Hastings (FL) Mr. GOODLING. Mr. Chairman, I warmed-over version of last year’s Clay Engel Hefner yield 2 minutes to the gentleman from failed comp time legislation that was March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1125 part of an undignified agenda designed others have already pointed out the ex- comp time bill. As many on this floor know, I to undermine labor laws guaranteeing plicit needs. I will put it in this con- have more than a passing interest in Family equity for workers. The majority has text. Leave as one of the leading advocatesÐI tried to make it more acceptable by b 1300 fought my own party for years to advance this calling it gender friendly and family values and feel strongly that it is land- proworker. But fact is fact. The truth I do want to address the attempts by mark legislation that has been a rousing suc- is H.R. 1 is just another assault on the some on the other side to insert an ex- cess for American families working so hard to rights of working people. Its title is pansion of the Family and Medical help themselves. misleading. It should be referred to as Leave Act in the context of this comp However, this comp time legislation is a log- the Paycheck Reduction Act. time bill. ical supplement to Family Leave. However, Mr. Chairman, this bill fails to pro- As many of my colleagues know, I the debate on expanding the Family and Medi- vide employees with any meaningful had more than a passing interest in cal Leave Act is a debate for another day at choice. Their bosses alone decide getting the family leave bill passed. I another time. And I will be supportive of that whether comp time will be offered, to was one of the leading advocates, and I expansion. This is not the appropriate bill for whom it is offered, when it is offered fought my own party to see to it that that expansion. and when it is used. A recent study by that landmark legislation was passed. Mr. Chairman, this is a bill that will provide the Department of Labor found that But I believe this comp time legisla- options for today's working families. I urge half of all garment contractors still tion is a piece of legislation in and of support of H.R. 1, the Working Families Flexi- violate the overtime laws. H.R. 1 does itself. bility Act. nothing to protect these and other vul- The Family and Medical Leave ex- Mr. CLAY. Mr. Chairman, I yield 2 nerable employees. pansion has a legitimate time for de- minutes to the gentleman from Califor- Mr. Chairman, this bill is opposed by bate. It should be debated in this Con- nia, [Mr. MILLER]. major representatives and workers and gress and, by the way, I believe expand- (Mr. MILLER of California asked and women, including the AFL, the Wom- ing and refining that Family and Medi- was given permission to revise and ex- en’s Legal Defense Fund and the Amer- cal Leave Act is not only a debate for tend his remarks.) ican Nurses Association. If we really another time, but I would look forward Mr. MILLER of California. Mr. Chair- want to know who H.R. 1 is designed to to being supportive of that effort at the man, I rise in very strong opposition to protect, consider this recent remark appropriate time, but this is not the H.R. 1, the so-called Family Flexibility made by the lobbyist for the National bill that is appropriate for it. Act. Once again we see the Republicans Federation of Independent Businesses Under this bill, employees are provided an bringing to the floor of the House legis- who told a Senate committee that the option to choose compensatory time off in lation whose title suggests this is help- federation needs the bill because, and I place of overtime pay if their employer decides ful to families but turns out not to be quote, ‘‘Small business cannot afford to offer this option. helpful for families. to pay overtime.’’ This bill provides an option of offering em- Why is that so in this case? Because Mr. Chairman, H.R. 1 is antifamily ployees the choice of selecting paid time off H.R. 1 simply fails to meet the test to and antiworker, and I urge its defeat. instead of overtime wage. Through a written, provide families the flexibility that Mr. Chairman, I reserve the balance voluntary agreement, comp time would accrue they can control in their working of my time. at the same time-and-a-half rate as overtime schedule. The fact is that under their Mr. GOODLING. Mr. Chairman, I wages. legislation, the families will not have yield myself 30 seconds. I just want to Mr. Chairman, I recognize that some have more flexibility to manage their sched- make sure that what the gentleman raised legitimate concerns about employee ules. Their employers will have more just said; he knows and I know she protections. However, in my opinion this legis- flexibility to manage the schedules, made the statement in the context lation addresses those concerns by including with what the Senate is doing, not and that is the No. 1 complaint among several important employee safeguards, so we what the House is doing. workers about the loss of control over Mr. Chairman, I yield 2 minutes to will not invite abuses. their schedules so that they can deal the gentlewoman from New Jersey First, an employee is permitted to withdraw with the concerns they have with their [Mrs. ROUKEMA]. from a comp time agreement at any time if the family and the time they would like to (Mrs. ROUKEMA asked and was agreement is not working for that employee or spend with their family and to meet given permission to revise and extend if circumstances change for that employee. the needs of that family. her remarks.) Along those same lines, the employee can This legislation, as presented, simply Mrs. ROUKEMA. Mr. Chairman, I cash out any accrued time with 30 days notice does not meet the test. It does not rise in support of H.R. 1. to their employer. Furthermore, the bill makes meet the test of freedom of choice be- Mr. Chairman, the American family it illegal to ``intimidate, threaten or coerce'' any cause, again, the worker does not have is stressed and strained in new ways employee for the purpose of interfering with that choice. It is about the employer each and every day, as we well know. the employee's rights under this bill to request having the ability to manipulate that Too often in today’s economy working or not request comp time. The penalty to the choice. Under the Republican bill, it is parents are forced to choose between employer who violates this protective right is the employer that gets to decide when their families and their jobs. But this highÐthe employee would be able to claim the employee can use the comp time. is not a new subject for congressional double damages. It makes no sense for an employee to debate. In the recent past we debated a In addition to the protections currently in the agree to work overtime, to work 20 or lot of these issues in the context of legislation, there will be two amendments of- 30 hours a week overtime, or 10 hours a family and medical leave. But I believe fered today that will add even more protection. week, or a 20-hour day, or whatever it today that the legislation we are dis- The first will only allow employees to take ad- is decided that the employer gets to cussing makes the workplace more vantage of this option if they have worked for dictate to that employee to build up flexible for working parents and their the same employer for 1,000 hours. comp time, if the employee does not employers to adjust to the family pat- This provision will protect seasonal employ- truly have the choice when and how terns of today. ees who currently work extended hours during that comp time will, in fact, be used. The Fair Labor Standards Act was the season's high point, and then must sit That is where the Republican bill fails. passed in 1938. Times have changed and back during the off season. The second The choice about when that comp I believe that under this bill employees amendment will lower the maximum amount of time can be used by the employee, to are provided an option, a reasonable hours that one can accrue as comp time from meet whatever, for whatever purposes option to choose compensatory time off 240 hours to 160 hours. Once a person ac- they decide, but let us assume it is to in place of the overtime pay of their crues their maximum number of hours then all spend more time with the family or to employers, if they should make that hours exceeding this total will be paid as over- take care of those critical needs, what choice. It is now time to face the real time wages. we see is, in fact, that that remains in world of 1997 and beyond. Mr. Chairman, allow me to address the at- the hands of the employer. I think I believe that the gentleman from tempts by some on the other side to the Fam- when employees discover that, they North Carolina [Mr. BALLENGER] and ily and Medical Leave Act in the context of this will find out that this is not some nice H1126 CONGRESSIONAL RECORD — HOUSE March 19, 1997 option because they can be forced into they do in times of comfort and con- (Mr. OWENS asked and was given working overtime, somehow believing venience but what they do in times of permission to revise and extend his re- that they are going to get comp time crisis and challenge. According to that marks.) off, but throughout the work year they standard, my mother was not only a Mr. OWENS. Mr. Chairman, our most can find out that it can be denied time personal success, she was a true Amer- endangered species in America is the and again because of the low threshold ican hero. family, and we do not want to be guilty that is put in the bill. Throughout her life, even in illness, of taking cash away from families We must also understand that this my mother always taught my sister which is used to put bread on the table, has serious financial ramifications for and me that true success in life is to buy shoes, and to pay the rent. working families, which we will discuss measured not by what you get but This is a revolutionary and reckless later. what you give. My mother gave me ev- change in labor law. The Fair Labor Mr. BALDACCI. Mr. Chairman, I erything. So I am very thankful I was Standards Act has existed since 1938 as yield 5 minutes to the gentlewoman able to be there with her during her part of Franklin Roosevelt’s New Deal. from Texas [Ms. GRANGER]. last years, to give something back to This experiment need not be so radical (Ms. GRANGER asked and was given her. I was able to move her into my and so extreme as it is constructed in permission to revise and extend her re- home, where I could talk to her and this legislation. We could provide ad- marks.) care for her and just be with her. justments and relief for comfortable Ms. GRANGER. Mr. Chairman, I rise I look across America today and I middle class wage earners who want today in strong support of H.R. 1, the wonder how many daughters could time off at the same time that we pro- Working Families Flexibility Act. share time with their parents during tect low income workers who need cash I want to tell a story that personifies difficult days like I was able to. I was payments of overtime in order to meet and exemplifies why American families able to take care of my mother during their basic necessities of food, clothing need the Working Families Flexibility her final years because I owned my own and shelter. Act. It is a story of a very special business and I arranged my own sched- This law is not enforceable. That is woman, her struggle and her triumph; ule. Tragically, there are millions of the problem. It will not be enforceable. a woman whose life was devoted to her men and women each day in America There will be no choice for the people family, her faith and her friends. who simply cannot do that. who want the cash to put food on their Alliene Mullendore, who was raised This legislation today is about put- tables. in Fort Worth, TX, lived what some ting families at the top of our national In fiscal year 1996, the Department of would call a hard life. She believed in priority list, giving hourly employees Labor found overtime violations among old-fashioned values like hard work, the option to take time off instead of employers involving 170,000 workers. honest living and responsibility. When overtime pay, saying thank you to a The lowest wage workers are the most she found herself alone one day with a mother or a father after a lifetime of common victims of this abuse. In other family to raise and feed, she knew that love and sacrifice. words, under the present law, they are the rest of her life would be spent try- So as a small business owner and a not being paid their overtime. They are ing to balance the twin goals of raising mother and a daughter, I strongly sup- being swindled out of overtime. her children emotionally and spir- port H.R. 1, and I urge my colleagues The Employer Policy Foundation, itually while providing for them finan- from both sides of the aisle to put po- this is an employer-supported think cially and materially. litical considerations and partisan cal- tank in Washington, they reveal that She was a schoolteacher, and she was culations aside. With this bill we can workers lose approximately $19 billion also a student. She spent her summers take one small yet very significant a year. $19 billion is swindled under the and her nights getting her master’s de- step toward the way America should present law. This loose law here, which gree so she could advance her career. be. proposes to give choice to people, will And she did, eventually becoming the Mr. Chairman, comp time will allow be even worse. first female principal of an elementary working mothers to take time off and A Wall Street Journal analysis of school in the Birdville school district. go to their child’s or daughter’s school 74,514 cases brought by the Department Although she was crippled by polio in play, because that is the way America from October 1991 to June 1995 found the epidemic of the 1950’s, and lived in should be. that industries such as construction Comp time will allow working fa- almost constant pain and fatigue, she and apparel were cited for illegally de- thers to take time off and go to their still found the strength to teach her nying overtime to 1 in every 50 workers son’s camp. That is the way America classes on crutches as she learned to during this period. Overall, nearly 8 should be. walk again. Somehow, miraculously, out of every 1,000 workers, or 695,280 she found the time and energy to raise And comp time will allow working families the benefits of choice without employees, were covered by settle- her two daughters into self-reliant, imposing new Government rules on our ments which were necessary to get headstrong women. businesses. And, Mr. Chairman, I think their overtime pay because it was not The years of work and worry left being given to them. their mark. The long hours at her we all know that is the way America should be. I sure know it, because I If Congress is going to tamper with school and the enormous pressure of would not trade the final moments I the FLSA, at a minimum, two-thirds of being the sole provider for the family had with my mother for anything in the work force that makes less than $10 took a very heavy toll on this special the world. an hour ought to be protected. Here is woman. In her later years she suffered Mr. Chairman, our most endangered a win-win situation. We could be less a severe stroke and was confined to her species in America today is the family. extreme and less radical and take care home for the last 11 years of her life. This bill acknowledges that time spent of everybody’s needs. Her days of active living were over. with the family is time well spent. Mr. BALLENGER. Mr. Chairman, I But her life had already touched so I believe America is a nation built on yield 21⁄2 minutes to the gentleman many, not just the children who experi- the memories of yesterday as well as from California, [Mr. RIGGS], a sub- enced her warm smile and gentle the promise of tomorrow. Today we committee chairman. humor as a teacher, but most pro- have a chance with this bill to make Mr. RIGGS. Mr. Chairman, I appre- foundly she touched the lives of her sure that the promise of tomorrow is ciate the opportunity to speak on this two daughters, who today carry the one of hope and happiness for our fami- very important legislation, House Res- memory of their mother with them lies, and that is the way America olution 1, the first bill introduced in every single day, knowing all the while should be. the House of Representatives in this how proud she would be. I know, be- Mr. Chairman, comp time is the right session of Congress. That designation, cause I am one of those daughters. I issue at the right time and the right H.R. 1, is supposed to indicate the im- can honestly say that I stand here place, and let us pass this legislation portance that we Republicans, in the today by the grace of God and the sac- because we owe it to our families. majority in the House, place on this rifice of my mother. Mr. CLAY. Mr. Chairman, I yield 2 legislation. Martin Luther King once said that minutes to the gentleman from New First, I think it is important that we the measure of a person is not what York, [Mr. OWENS]. clarify some misperceptions about the March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1127 bill. First of all, it does not affect or front of offering welfare and health-care ben- essential things in health care or to at- change the 40-hour workweek. It does efits to employees and, over the last 10 to 15 tend to school affairs. They have that not include a flex-time provision, as years, work-family/life programs. Edu- flexibility now. Why enact a law that cational institutions offer these work-fam- will require people, workers, to work does similar legislation in the other ily/life policies and benefits as a way to re- body. It does, however, give hourly em- cruit and retain a highly skilled, quality overtime without compensation? ployees the opportunity to have more workforce. These benefits provide one of our One of the best family friendly things flexibility in their schedule so that competitive edges over the for-profit sector that was done by the Congress over 60 they can do a better job, so they can for salaried employees, since higher edu- years ago was the enactment of the better meet the demands of work and cation institutions typically offer a lower Fair Labor Standards Act, and what it family. compensation package than for-profit orga- did was to guarantee 40-hour weeks. It That is why this legislation is so nizations. Institutions of higher education liberated families to be able to go strongly and overwhelmingly sup- have realized that flexibility in the work- home Saturdays and Sundays and be place is fundamental in trying to meet the with their families, to be there for din- ported by the American people, espe- needs of the employees and mission of their cially the 63 percent of American fami- schools. This is especially true as more and ner so that they could have a family lies where both the mother and the fa- more employees try to balance the compet- relationship. ther work outside the home and the 76 ing pressures of work, family, and personal b 1315 percent of all American mothers who needs. Federal employees have enjoyed flexible This bill is going to actually repeal work and who have school aged chil- Saturdays and Sundays. It is going to dren. schedules since 1978. Public employees of higher education have had the ability to force workers to work on Saturdays I just want to conclude my comments choose either compensatory time off or over- and Sundays and be away from their by appealing to my good friends on the time pay for overtime situations since 1985. families. How could that possibly be other side of the aisle, our Allowing independent college and university family friendly? The only flexibility proeducation Democrats, to support employees a similar flexibility in scheduling that I can see in H.R. 1 is to give flexi- this legislation. I want to introduce would help them deal with personal interests bility to the employers. They would go into the RECORD a letter from Sheldon and family concerns; it also would improve employee recruitment, retention, and pro- to their workers and say, ‘‘I have to get Steinbach, the vice president and gen- this job out. The contract is coming up eral counsel of the American Council ductivity. Workplace stress is alleviated for parents when work schedules which conflict this weekend. We have to have over- on Education. with school hours or, day care arrangements, time work by all of you.’’ I cannot He writes: or when flexibility is provided. imagine the workers being able to turn Dear Congressman: On behalf of the Amer- We fully support the Working Families down such an employer. And so they ican Council on Education, representing 1,689 Flexibility Act provisions under which an would work for no compensation, they 2- and 4-year public and private colleges and employee may choose either to take time- would be away from their families, research universities across the country, and and-a-half off or time-and-a-half pay for any the National Association of Independent Col- overtime hours worked. The proposed legis- they might have to give up Saturdays leges and Universities, representing 900 pri- lation also provides that an employee may and Sundays for no compensation, for vate institutions of higher learning nation- bank up to 240 hours of comp time annually how long? For 12 months these employ- wide, we wish to express our strong support and requires the cashing out of any comp ers would not be required under this for H.R. 1, the Working Families Flexibility time hours which have not been used by the bill to give any time to the employees Act. employee at the end of a year. so that they could be with their fami- Colleges and universities constitute some These flexible workplace options are com- lies. of the largest employers in many commu- pletely voluntary. No employer can be forced This is not family friendly, this is nities, and in some instances the largest em- to offer a flexible workplace option and no ployer within a State. employee can be forced to participate in one. not flexible. Workers in my district, in my State, hold two jobs, three jobs, Mr. Steinbach goes on to write: In addition, flexible workplace options must be arranged through agreement, and such an just to put food on their table. They Federal employees have enjoyed flexible agreement cannot be a condition of employ- work overtime because they need the schedules since 1978. Public employees of ment. Lastly, if an employer directly or indi- higher education have had the ability to money. Do not take the paychecks rectly intimidates, threatens, or coerces any choose either compensatory time off or over- away from our workers. employee to participate in a flexible work- time pay for overtime situations since 1985. Mr. GOODLING. Mr. Chairman, I place option, they will be subject to the full As a matter of elementary fairness, the yield myself 15 seconds just to say to range of penalties under the Fair Labor workplace flexibility that has been provided the gentlewoman, please read the bill. Standards Act penalties. to Federal and public employees should now As a matter of elementary fairness, the It has nothing to do with what you just be extended to private employers, including workplace flexibility that has pervaded fed- heard. It does nothing with the 40-hour private colleges and universities. eral and public employment should be ex- workweek. It does nothing to force This is truly an idea, this legislation, tended to private employers, including pri- anybody to work on Saturday and Sun- whose time has come. H.R. 1 is good vate colleges and universities. With the es- day. It does nothing to force anybody pro-worker, pro-family legislation with sential employee safeguards incorporated in to take comp time. None of that is in ample employee protections. I ask my the proposed legislation, that flexible sched- the bill. Please read the bill. colleagues to support H.R. 1. uling arrangements, including the innova- Mr. Chairman, I yield 2 minutes to Mr. Chairman, I include for the tive use of comp time will meet the needs of the gentlewoman from Washington both workers and institutions in the 21st RECORD the letter I referred to earlier: Century. [Ms. DUNN]. AMERICAN COUNCIL ON EDUCATION, Sincerely, Ms. DUNN. Mr. Chairman, this issue OFFICE OF VICE PRESIDENT AND SHELDON ELLIOT STEINBACH, is very important to me. Balancing GENERAL COUNSEL, Vice President and work and family responsibilities is a Washington, DC, March 14, 1997. General Counsel. very tough challenge. I have in fact DEAR CONGRESSMAN: On behalf of the Mr. CLAY. Mr. Chairman, I yield 2 lived the challenge that is facing to- American Council on Education, represent- day’s working mothers, having raised ing 1,689 two- and four-year public and pri- minutes to the gentlewoman from Ha- vate colleges and research universities and waii [Mrs. MINK]. two sons on my own as a single mother national and regional education associa- (Mrs. MINK of Hawaii asked and was who tried to balance the time with my tions, and the National Association of Inde- given permission to revise and extend children with a full-time job. Let me pendent Colleges and Universities, represent- her remarks.) assure my colleagues it was not easy, ing nearly 900 private institutions nation- Mrs. MINK of Hawaii. Mr. Chairman, but it does not have to be so difficult. wide, we wish to express our strong support I thank the ranking member of our That is why we need the Working Fam- for the Compensatory Time Off (comp time) committee for yielding me this time. ilies Flexibility Act. provisions of H.R. 1, The Working Families This bill is misnamed. It is called Just as a mention in response to the Flexibility Act. flexibility time, but it affords employ- gentlewoman from Hawaii’s comments, Colleges and universities constitute some of the largest employers in many commu- ees and the families absolutely no the Fair Labor Standards Act was nities, and in some instances, the largest em- flexibility. Employers today have flexi- passed in 1938, Mr. Chairman. This was ployer within a state. As employers, colleges bility. They have flex-time. They could a time nearly 60 years ago in our coun- and universities have long been at the fore- give their workers time off to do those try’s history when the workplace was H1128 CONGRESSIONAL RECORD — HOUSE March 19, 1997 filled mostly with fathers and also it when I worked the clock and I worked we not expand on the Family and Medi- was a manufacturing base. Things have with low wages, I used to wait in line cal Leave Act so people can get paid changed now and many mothers are to seek overtime. And so to say you when they have to deal with a family now in the workplace because they are now must work overtime but you will medical health or other kind of emer- required to have two parents working not be able to be paid it will contin- gency? just to make ends meet. ually erode the ability of working peo- Mr. Chairman, this bill is a wolf in Mr. Chairman, for too long parents ple to earn a decent wage. sheep’s clothing. I am going to vote have had to choose between work and As I indicated from my conversation against the bill and slay the wolf and spending time with their children. with working people, I can tell you defeat the bill today. That is a tragedy. The 1994 U.S. De- that most workers need the overtime Mr. CLAY. Mr. Chairman, I yield 2 partment of Labor found that the No. 1 pay so that they are able to make ends minutes to the gentleman from Massa- concern for two out of three working meet. The bill will hurt America’s chusetts [Mr. TIERNEY]. women with children under the age of most vulnerable workers, those who Mr. TIERNEY. Mr. Chairman, I rise 18 is the difficulty of balancing work rely on overtime pay to make ends in opposition to H.R. 1 as it is now con- with family. Two recent surveys show meet. stituted and proposed. It appears clear- us that three out of four parents indi- I offered an amendment during the ly to be an exercise in semantics. This cate that having the option to choose consideration of this bill to exempt bill is touted as the Employee Flexibil- either cash wages or paid time off for workers most vulnerable to employer ity Act when in fact it would enable working overtime hours would enable abuse, such as seasonal workers and those few employers who would act un- them to better balance their work and those in the garment industry. My ef- mindfully of their employees’ interests their family responsibilities. This is all fort to protect these workers was re- to do just that. we are asking for, that they have the jected by the majority. I think this is Throughout my district, Mr. Chair- choice. unfortunate. I think we should reject man, good employers do not clamor for A working mother, for example, this bill. a bill that would enable them to dis- might prefer to see her daughter in a Mr. CLAY. Mr. Chairman, I yield 2 criminate against their work force. Fa- school play than have time and a half minutes to the gentleman from New voring some who opt for comp time on the job. She should have that Jersey [Mr. ANDREWS]. over paid time is not prohibited in the choice. Under current law, too many (Mr. ANDREWS asked and was given bill as constituted. Also, the bill is am- working mothers lie awake at night permission to revise and extend his re- biguous at best with regard to benefit worrying about whether they are giv- marks.) contributions. If you work and get paid ing their children their time. We can Mr. ANDREWS. I would like to thank for overtime, your employer contrib- do something to help those mothers. my friend from Missouri for yielding utes to benefits or pensions for the This bill addresses that problem. It is a me this time. hours paid. However, under this bill if sensible, balanced solution to the prob- Mr. Chairman, this bill is a wolf in you take comp time instead of wages, lem facing the hardworking parents of sheep’s clothing. We are asked to con- an employer avoids making those con- our country who are caught in the dif- jure up happy images of parents going tributions. ficult quandary of simultaneously try- to parent-teacher conferences and pic- Good employers already have the ing to provide for their families while nics with their children and camp visi- ability to give time off to employees still looking to spend time with them. tations. When you read this bill, it for family matters. Many find a way to I urge my colleagues to look at this paints a very different picture of what do just that. The Family and Medical piece of legislation to see its good and it will do to the American family and Leave Act gives employees the right to to vote for it. the American worker. take time off under fair circumstances. Mr. CLAY. Mr. Chairman, I yield 2 Picture this: An employee who al- It could be expanded to cover more in- minutes to the gentleman from New ways chooses cash overtime and never stances if the majority truly had fam- Jersey [Mr. PAYNE]. chooses comp time will not get offered ily concerns in mind. (Mr. PAYNE asked and was given overtime any more by many, many em- Let us be straight with the American permission to revise and extend his re- ployers. That employee will not get public. This bill would allow some em- marks.) overtime. They will get the right to ployers to avoid paying overtime and Mr. PAYNE. Mr. Chairman, I rise in sue their boss at their expense and avoid making contributions to bene- strong opposition to H.R. 1, which has have to carry the burden of proof in the fits. The majority on the committee re- been appropriately identified as the trial. jected amendments that would have paycheck reduction act. It is disgrace- Picture this: An employee who has clarified that an employee should de- ful that Congress is taking action to built up a lot of comp time over the cide whether to take time off rather threaten the financial security of years and then gets a layoff notice or than be paid for overtime. The amend- America’s working men and women sees that his or her employer is going ments would have required the em- when three out of four of U.S. workers into bankruptcy. They do not get comp ployee to give 2 weeks’ notice. If less have lost ground economically during time converted into cash. They get left notice was given, the employee could the last two decades, while CEO’s reap holding the bag because their employer only take the time off if the employer’s salaries that are 212 times that of the is long gone and the cash is long gone business would not be unduly dis- average worker. and the income that they counted on is rupted. Congress is now attempting to fur- long gone. The amendments would have clari- ther tilt the balance in favor of man- Picture this: An employee who goes fied that an employer would be prohib- agement by allowing companies to in and says, I want to use my comp ited from discriminating against em- withhold overtime pay and to sub- time next Thursday because I just ployees while punishing those opting stitute comp time. From my conversa- found out that is when my parent- against the employer’s wishes. Our pro- tions with working people, I can tell teacher conference is, and here is the vision stated with certainty the re- you that most workers need the over- answer: No. course and the penalty for violators. time pay in order for them to earn a Mr. Chairman, you do not get the The amendment would have clarified salary in order to make ends meet. right to go to the parent-teacher con- a means for protecting moneys owed to I heard my colleagues talk about the ference. You get the right to sue your employees for accumulated time if the fact that this is great so that a father boss. That really is not worth very employer went bankrupt. In short, the can visit his son at camp. The people I much to the American worker. amendment sought to help the major- am worried about cannot afford to send If you really want to help people that ity reach their stated supposed objec- their children to camp. They cannot af- are in so much turmoil and trouble, tive. The truth of the matter is that ford to buy the equipment needed to go why do we not bring a health insurance calling the bill something that it is not to camp. And so we are talking about bill to the floor that makes sure that will not make it acceptable. two different people. People on the every American worker gets health in- Mr. GOODLING. Mr. Chairman, I clock look forward to overtime. I recall surance when they go to work? Why do yield 2 minutes to the distinguished March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1129 gentlewoman from New York [Ms. need to spend more time with our fami- tions in the legislation to insure that MOLINARI]. lies. But H.R. 1 does not ensure work- no employee can be coerced or forced Ms. MOLINARI. I thank the gen- ers can do that. H.R. 1 is not cover into a particular option. It is a decision tleman for yielding time. time. H.R. 1 is chump time. It is chump that they discuss and work out with Mr. Chairman, I rise today in strong time for the employee, because the the employer. support of H.R. 1. This bill will finally boss, not employee, makes all the deci- Mr. Chairman, H.R. 1 is about family give our country’s hardworking par- sions. The employer decides whether to flexibility and choice for employees ents the kind of choice they so des- offer comp time in the first place, who which we should be giving to all Ameri- perately need and the opportunity they gets it, and when the employee can cans. Vote in favor of H.R. 1. deserve. As a working mom myself, I take it. Mr. CLAY. Mr. Chairman, I yield 2 find the pressures of balancing work minutes to the gentleman from Ohio b 1330 and family extremely demanding. My [Mr. KUCINICH]. husband and I savor every second we Comp time does no good if one can- (Mr. KUCINICH asked and was given spend with our daughter. Too often not plan for it. Under H.R. 1, a mom permission to revise and extend his re- both of us or one of us come home and who works overtime in March cannot marks.) she is asleep and leave the next morn- count on using earned comp time to Mr. KUCINICH. Mr. Chairman, work- ing before she gets up. We are heart- take her kids to the doctor in April. ers of the United States have a right to broken because the only quality time Her employer can deny scheduled comp say show me the money, not in comp sometimes that we seem to spend with time just by claiming that it would be time but in overtime payment. H.R. 1 her is when she wakes up crying. unduly disruptive to the business. That is not about flexibility or families or As crazy as our schedules are, we re- is not comp time; that is chump time. constructive reform of labor law. H.R. 1 alize we have it easier than most And American workers, Mr. Chairman, is about undermining and ultimately Americans across this country. As are not chumps. destroying the Fair Labor Standards Members of Congress, we are fortunate Vote against H.R. 1, the chump time Act on behalf of those who wish to to have a lot more scheduling options bill. avoid their legal obligations to their than other parents. In 1994, a Clinton Mr. GOODLING. Mr. Chairman, I workers. administration Department of Labor yield 2 minutes to the gentleman from Mr. Chairman, this bill would open report found that the No. 1 concern for California [Mr. MCKEON] a subcommit- the door to employers to coerce their 66 percent of working women with chil- tee chairman. workers to accept comp time instead of dren under the age of 18 is the dif- Mr. MCKEON. Mr. Chairman, I rise receiving overtime in a timely manner. ficulty of balancing work and family. today in support of H.R. 1 which is pro- This bill would turn back the clock to Today we say to those women, you worker and pro-family legislation. I the days of 16 tons. My colleagues re- make that choice to make your life a commend the leadership and our chair- member Tennessee Ernie Ford: ‘‘You little bit easier. man for bringing such an important load 16 tons, and what do you get? An- The opponents of this bill feel that bill to the floor. other day older and deeper in debt. St. employees should not have that choice, H.R. 1 will allow employees more Peter, don’t you call me because I can’t the Government will make that choice flexibility in balancing the demands of go. I owe my soul to the company for them, because we know what is bet- their jobs and families without com- store.’’ ter for the American family than the promising their worker rights. To vote American workers will not accept working mother and father. We do not against this bill is to deny private sec- owing their soul to the company store trust them to make the right decisions tor workers an option that their public in terms of comp time. for what is right for them. sector counterparts now enjoy with This bill exchanges an economic That is the difference here between great success. Over 75 percent of em- right, a legal right that workers now the opponents and supporters of this ployees surveyed said they would like possess, the right to obtain time and a bill. Employees instigate the option to the option of choosing comp time or half payment for overtime work for an choose comp time as opposed to over- cash. IOU, an IOU issued by their employer time pay. There is nothing coercive Mr. Chairman, this bill is about op- to maybe give comp time in the future. about it. And if the employer tries to tions for employees. They can take H.R. 1 would encourage companies to be coercive about it, he is going to their pay in cash or time. When they schedule more overtime because com- stand greater penalties than under the work overtime they get time and a panies would not have to pay their National Labor Relations Act, similar half, or if they decide to take it in time workers for it. More overtime means to the penalties in the Family and they still get time and a half. fewer jobs. Medical Leave Act. And yet no one At the bipartisan retreat a couple of In this era of labor saving technology from the other side had any complaints weeks ago, I had the opportunity to and falling real wages, when working about the ability to redress under discuss this issue with a member of the families are struggling with two jobs, those two pieces of legislation. Capitol Hill police force who does have the 40-hour work week plus overtime is Come on. It is now time for us to fi- the opportunity of choosing comp or already too long. We need to be dis- nally say to people throughout this cash. He told me that at this point in cussing public policies that promote country, particularly the lower income his life, time is very often more impor- more jobs, higher wages, and a shorter workers that people seem to think can- tant to him now than money. He is for- work week. I urge the defeat of H.R. 1. not make the appropriate decisions for tunate enough to have already had the Mr. GOODLING. Mr. Chairman I themselves, go ahead. If you would pre- option of comp time over cash wages, yield myself 3 minutes. fer to take time and a half to spend and it is a choice that he greatly val- Mr. Chairman, as I said earlier, time with your families rather than ues. Were he to fall on hard times or ‘‘When you get your marching orders, that paycheck, do it. If the paycheck is need the cash more, he could fall back if you want to really impress the public what is important to your family at and take the cash instead of the comp and act as if you really mean what that point, you have that option. It is time. H.R. 1 would provide this same you’re saying don’t read the legisla- all about empowering the family again. option for private sector employees. tion. Then you can be very impressive Mr. CLAY. Mr. Chairman, I yield 1 Mr. Chairman, this bill is about giv- out here.’’ And that is what we are see- minute to the gentlewoman from Cali- ing employees and employers more ing over and over again, and I point out fornia [Ms. WOOLSEY]. flexibility. Frankly, my experience again it is less than two little pages. (Ms. WOOLSEY asked and was given tells me that this decision should be That is all it would have taken, time to permission to revise and extend her re- made in the workplace between the read two little pages, and then my col- marks.) employer and the employee rather than leagues would not come down here and Ms. WOOLSEY. Mr. Chairman, sup- here in Washington by politicians. be so demeaning to the American porters of H.R. 1 are pitching it as Finally, I commend the gentleman workers. comp time, a bill to give workers more from North Carolina [Mr. BALLENGER] I ask my colleagues, ‘‘Can you imag- time with their families. Well, we all for insuring there are adequate protec- ine people in this well saying over and H1130 CONGRESSIONAL RECORD — HOUSE March 19, 1997 over again these people can’t make a line is that the employee may provide Fortunately for America’s working decision, we have to make the decision monetary compensation for an em- families help is on the way in the form for them? They don’t know how to ployee in unused compensatory time in of H.R. 1, Congressman BALLENGER’s think.’’ These are the American work- excess of 80 hours, which means he de- Working Families Flexibility Act. This ers they are talking about. termines whether you reach the full al- legislation would update existing labor This legislation tells the worker, lotted time or not. The employer again law which was passed in the 1930’s to ‘‘You make the decision. You don’t ask makes the decision. It further goes on reflect current reality by allowing em- anybody else to make the decision, you to say that the employee can only take ployers to offer the option of comp don’t ask government to make the de- the time if it does not unduly disrupt time to workers as an alternative to cision. You make the decision.’’ the operation of the employer. That overtime. And I will guarantee my colleagues gives the employer a wide open door to Now this bill will not force anyone to every American worker out there can say, ‘‘Hey, this is unduly disrupting my do anything. It will not make employ- make that decision. They do not need production; you can’t take the time.’’ ers offer comp time, it will not make our help to make that decision. They So the employees do not control the employees take comp time, and it pro- can make it themselves. time. If we are giving flexibility to em- vides employees with the option of So it is totally demeaning to be talk- ployees, if we really want them to cashing out their comp time at any ing as if American workers cannot spend time with their families, then time if they desire to do so. In other make choices, and everyone who stood give them the options, not the em- words, all this bill does is provide em- up there, if they read the legislation, ployer. That is the problem here. ployers and workers with more choice, know that every worker is protected The bill of the gentleman from Cali- making people’s lives a little bit easier ILLER], which is a deriva- more than any other legislation that fornia [Mr. M and giving working people a chance to tive of the President’s bill, is some- has ever passed in the House of Rep- balance work and family in a better thing that gives the employee that op- resentatives, and the employer would way. be a fool if they tried to intimidate an tion. This bill does not. Vote against this bill. Vote for the Numerous protections have been in- employee, if they tried to determine cluded in the bill to ensure that em- that they will take that overtime in Miller substitute. Mr. GOODLING. Mr. Chairman, I ployees cannot be pressured into one time off rather than wages, whether yield myself 15 seconds. choice or another and that it does not that employees wants it or not. That Somebody on the committee should change or eliminate the payment of employee is protected more than any know exactly what they are talking overtime or the traditional 40-hour other employee has ever been pro- about and, of course, disrupt unduly work week. Under this, whether one tected. and unduly disrupt are the same words takes comp time or overtime pay, they And is not it interesting? Were we that are in the Family Medical Leave still receive time and a half. this demeaning to the public employ- Act that we had. They just reversed the I want to ask all of my colleagues to ees in 1985? Did we tell them they could way the two words are written, so any- support this bill, especially those who not think for themselves? Of course we body should be able to know that if are parents. We all know what it is like did not. We gave them the opportunity they read the legislation. to need some more flexibility in our to think. And is not it also interesting Mr. CLAY. Mr. Chairman, the sponsors of lives. Let us bring labor law into the in a recent study by the International this ``Paycheck Reduction Act'' keep claiming present and give working parents a Personnel Management Association, that H.R. 1 uses the same ``unduly disrupt'' break. they found that 98 percent of public standard found in the Family and Medical Mr. CLAY. Mr. Chairman, I yield 1 employees with a unionized work force Leave Act. Their claim is flat, dead wrong. minute to the gentleman from Ten- offered a significant percentage of Let's set the record straight. Under the nessee [Mr. FORD]. their work force flex benefits? What FMLA, the ``unduly disrupt'' standard is ex- Mr. FORD. Mr. Chairman, today I that proves is that the pressure of the tremely limited and specifically protects the rise in support of children, in support employee will cause unions to nego- power of employees to decide for themselves of families and in support of business. I tiate for comp time, and we are giving when to take family leave. Under the FMLA, rise in support of workers who want them that opportunity which they now the ``unduly disrupt'' exception only applies real flexibility, real protection, and do not have in the private sector. when the need for leave is for forseeable real choice. Today I rise in support, So I would hope that people would medical reasons. In that case, the FMLA says, Mr. Chairman, of workers who are read and would read all the protections ``The employee shall make a reasonable effort struggling to pay bills, who are strug- that are in this legislation because I do to schedule the leave so as not to disrupt un- gling to make ends meet, and who are not know of any other legislation that duly the employer's operation.'' Even then, the struggling to put food on the table. I is so employee-friendly as this legisla- leave can only be delayed if the employee's rise in support today of this Nation’s tion is. doctor agrees that delay will not harm the most vulnerable workers who want to Mr. Chairman, I reserve the balance health of the employee, or his or her family of my time. ensure that they too will have real member. choice, real flexibility, and real protec- Mr. CLAY. Mr. Chairman, I yield my- That distinction lies at the heart of the dif- tion. self 5 seconds. ference between the Republican bill and the That is why I am urging my col- The point about making it only two Democratic substitute. We protect the employ- leagues on both sides of the aisle to op- pages can be countered by saying, If ees' power over their own time and pay. H.R. pose H.R. 1 and support the Miller sub- you wanted to repeal the first amend- 1, on the other hand, gives more power to the stitute. Business in this Nation, as well ment, it’s only one sentence. employees. Mr. Chairman, I yield 1 minute to the Mr. Chairman, I yield 2 minutes to as workers in this Nation, want to en- gentleman from California [Mr. MAR- the gentlewoman from Florida [Mrs. sure that both have choice, oppor- TINEZ]. FOWLER]. tunity, flexibility, and protection. H.R. Mr. MARTINEZ. Mr. Chairman, let (Mrs. FOWLER asked and was given 1 does not provide that. me start off by saying this is not about permission to revise and extend her re- Let us stop demagoging this issue flexibility. There are many of us that marks.) and work this issue out on behalf of are for flexibility. That is why we will Mrs. FOWLER. Mr. Chairman, as a children, working families, and busi- vote for the substitute of the gen- working mother I learned one lesson ness in America. tleman from California [Mr. MILLER] early on. No matter how much we may Mr. GOODLING. Mr. Chairman, I re- because his substitute understands one want to, we human beings cannot be in serve the balance of my time. thing that this bill does not under- two places at one time. The conflict be- Mr. CLAY. Mr. Chairman, I ask stand, that that time worked for be- tween responsibilities at work and at unanimous consent to insert behind longs to the employee, not the em- home is a huge cause of stress for the last words of the gentleman from ployer. But my good chairman says working parents, and the only cure for Pennsylvania [Mr. GOODLING] who said that this bill gives the employees the that stress is added flexibility in sched- that the unduly was the same as in the right. It does not because the bottom uling without loss of pay. family and medical records, Family March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1131 and Medical Leave Act, I want to in- days for you to collect your money When they go under, your comp time sert behind that statement an expla- that you earned, that is in comp time, goes under. Many of these companies nation explaining the difference. even after you have left that employer. are fly-by-night. When they leave, your The CHAIRMAN. The gentleman can That is the way the bill reads. It seems comp time leaves. The problem is that insert that information as a revision in to say that. the employee cannot be adequately extension of those remarks. Mr. Chairman, I read the bill. It is protected. The Labor Department does The gentleman from Pennsylvania is not a good bill. Please defeat this bill. not have the adequate resources to recognized. Mr. GOODLING. Mr. Chairman, I take on these additional responsibil- Mr. GOODLING. Mr. Chairman, I said yield myself 15 seconds. ities. that the words were reversed. If we Mr. Chairman, the gentleman from We have a good system now that look in the one, it says unduly first, California [Mr. BECERRA] should have works, that protects employees and and then look in the other, it says un- gone on and read section E, which says, provides them with the thing they duly second. So I said the words are re- an employee may withdraw an agree- need, and that is a paycheck so that versed. ment described in paragraph 2(b) at moderate income families can have ad- Mr. CLAY. Mr. Chairman, I am not any time, an employee. ditional resources. We should not com- Also, I say to my colleague, in the disputing what he said. I am asking to promise this with this radical comp public sector at the present time the insert this in the RECORD. time proposal. same language applies to an employer The CHAIRMAN. Is there objection The CHAIRMAN. The Committee will offering time. Why does somebody not to the request of the gentleman from rise informally in order that the House ask to have an amendment to elimi- Missouri? may receive a message. nate public employees from comp There was no objection. The SPEAKER pro tempore (Mr. GIB- time? If this law is so bad, let us not Mr. CLAY. Mr. Chairman, I yield 2 make public employees suffer any BONS) assumed the chair. minutes to the gentleman from Califor- longer. f nia [Mr. BECERRA]. Mr. CLAY. Mr. Chairman, I yield 2 MESSAGE FROM THE SENATE (Mr. BECERRA asked and was given minutes to the gentleman from Mary- permission to revise and extend his re- A message from the Senate by Mr. land [Mr. WYNN]. marks.) Mr. WYNN. Mr. Chairman, I thank Lundregan, one of its clerks, an- b 1345 the ranking member for yielding me nounced that the Senate had passed without amendment a bill of the House Mr. BECERRA. Mr. Chairman, the this time. Mr. Chairman, the key issue here in of the following title: proponents of this bill, H.R. 1, argue reality is that private employees are H.R. 924. An act to amend title 18, United that employees have choice, and that is not on an equal footing with private States Code, to give further assurance to the why we should pass this bill. We are employers. That is why they call the right of victims of crime to attend and ob- further admonished that we should employer the boss. The fact of the mat- serve the trials of those accused of the read this 2-page bill. crime. ter is that secretaries, construction Mr. Chairman, I read the bill. An em- workers, textile workers are vulnerable The message also announced that the ployee has an opportunity to earn to the employer’s decision regarding Senate had passed a joint resolution of comp time; an employee is given flexi- comp time. Whether they want comp the following title, in which the con- bility in the workplace if, if, the em- time or not, it becomes abundantly currence of the House is requested. ployer chooses; if the employer choos- clear that if you want your job, you S.J. Res. 22. Joint resolution to express the es, not the employee. better take the comp time. sense of the Congress concerning the applica- Page 3, paragraph 2, conditions: Em- Studies have indicated that as much tion by the Attorney General for the ap- ployer decides who gets comp time, not as 64 percent of the working population pointment of an independent counsel to in- the employee. An employer can offer prefers overtime pay to comp time, be- vestigate allegations of illegal fundraising in the 1996 Presidential election campaign. one employee comp time and an em- cause overtime pay sends kids to col- ployee that lives and works under the lege and overtime pay helps you buy a The message also announced that same circumstances can be denied house. pursuant to Public Law 104–264, the comp time. An employee can be offered Employees in the first instance can- Chair, on behalf of the majority leader, comp time 1 day, and on another occa- not decide whether they want comp appoints the following individuals to sion under the same circumstances can time because the employer will make the National Civil Aviation Review be denied comp time. The employer that decision and make it clear. Commission: chooses. Second, they cannot decide whether The Honorable LARRY PRESSLER, of Page 4, paragraph B, compensation they want to use the comp time, be- Washington, DC; and Richard E. Smith, date: An employer has the right to hold cause the employer can decide, well, Jr., of Mississippi. an employee’s accrued comp time for you will unduly disrupt my business. The message also announced that up to 1 full year before disbursing it to So all of those stories you heard about pursuant to Public Law 93–415, as that employee. how people can go to their school plays amended by Public Law 102–586, the Page 5, line 11, the policy: An em- and they can have time with their chil- Chair, on behalf of the Democratic ployer may withdraw his agreement in dren and their sick relatives really leader, announces the appointment of writing with an employee to offer comp does not apply if the employer says you Dr. Larry K. Brendtro, of South Da- time when he chooses to do so. cannot have it. We prefer real time. kota, to serve a 2-year term on the Co- So you could start off with some The fact of the matter is that over- ordinating Council on Juvenile Justice comp time, but if the employer decides, time pay is in your hands. You can and Delinquency Prevention. no, I wish to change my mind, the em- spend it or not spend it. Comp time is The SPEAKER pro tempore. The ployer has the right to do that. in the boss’s hands. He can tell you Committee will resume its sitting. Page 7, paragraph A, general rule, lis- whether you can spend it and when you f ten to this. I do not know if it was can spend it, and that is the fundamen- meant to be this way, but an employee tal problem. They go on to say, we WORKING FAMILIES FLEXIBILITY cannot cash out his or her money if he have all of these employer protections. ACT OF 1997 or she leaves. Well, you do not really have protec- The Committee resumed its sitting. Under the way the bill is written, the tions, because the Labor Department is Mr. GOODLING. Mr. Chairman, I language, it appears to say that the already overburdened trying to enforce yield myself 5 seconds just to merely employer can actually give you comp the minimum wage and fair labor say that even under the worst cir- time at the same rate that you have standards. Who is going to go out and cumstances, the employee can cash out earned that time. So if you earn $10 an enforce all of these new laws? I do not and walk away. hour and you have 200 hours of earned think that that is a realistic proposal. Mr. Chairman, I yield 3 minutes to comp time, that is about 25 days of The fact of the matter is many of the gentleman from California [Mr. paid comp time, it could take up to 25 these companies are undercapitalized. DOOLEY]. H1132 CONGRESSIONAL RECORD — HOUSE March 19, 1997 (Mr. DOOLEY of California asked and that are offering comp time to have to Mr. GOODLING. Mr. Chairman, I was given permission to revise and ex- fully cash out accumulated overtime in yield myself 10 seconds just to say in tend his remarks.) the pay period in which they ask for it. relationship to the last statement, Mr. DOOLEY of California. Mr. As a private sector employer I could be these protections are virtually the Chairman, I rise today to express my facing a situation where I have an em- same procedures and remedies as for support for H.R. 1, the Working Fami- ployee who might have acquired 80 violations of the Fair Labor Standards lies Flexibility Act. I believe that this hours overtime who might come into Act under the Family Medical Leave bill addresses an important issue facing my office on a Friday and want to be Act, signed into law, much praised by families all over the country, the need cashed out and I would have to pay the President, and under the Age Dis- to balance work and family. them that day. That is unfair. Please crimination in Employment Act are As more and more families have two support H.R. 1. greater, greater than the National working parents, the need for flexible Mr. CLAY. Mr. Chairman, I yield my- Labor Relations Act, which the lady work schedules has become more im- self 20 seconds just to correct the gen- spoke so reverently about. portant. However, under current law a tleman. It would be unlawful for the b 1400 private sector employer is not allowed gentleman from California [Mr. to offer an employee compensatory DOOLEY] to give overtime to his em- Mr. CLAY. Mr. Chairman, I yield the time off in lieu of overtime pay. The ployees here on the Hill. balance of my time to the gentleman availability of compensatory time for Also, there are no mandates in the from Missouri [Mr. GEPHARDT], the dis- overtime work would address a real Miller substitute, Mr. Chairman, as the tinguished minority leader. need for many working parents. previous speaker has stated. The CHAIRMAN. The gentleman I have listened to a lot of the debate Mr. Chairman, I yield 3 minutes to from Missouri [Mr. GEPHARDT] is recog- today, and I have listened to a lot of the gentlewoman from the District of nized for 1 minute and 30 seconds. the opposition to this bill. One of my Columbia [Ms. NORTON]. (Mr. GEPHARDT asked and was greatest frustrations is that most of Ms. NORTON. Mr. Chairman, I thank given permission to revise and extend this criticism is based upon an assump- the gentleman for yielding me this his remarks.) tion that employers are evil, that they time. Mr. GEPHARDT. Mr. Chairman, I Mr. Chairman, when I was a full-time are mean-spirited people who will use rise to oppose this bill today. The title law professor at Georgetown, one of the any means to take advantage of their of the bill or the phrase that is used to subjects I taught was labor law. I never employees. I am a private sector em- describe the bill makes it sound like a thought I would live to see a debate on ployer, and I take personal offense and very appealing idea, the idea that the House floor where we would be de- workers should have the ability to find it insulting that so many of my bating the dismemberment of the sym- colleagues would contend that we are have flex time to be able to change metry between the employer and the hours, to be able to have more time going to take advantage of the people employee represented by the Fair that work for us. with their families. But when we exam- Labor Standards Act. ine the bill closely, we realize what is I totally reject that premise and My friends, this is one of the great really happening here is a shift of strongly believe that employers would statutes of the 20th century. It ranks power from workers to some employ- be able to use the availability of com- right up there with the civil rights ers; and I would never, ever say all em- pensatory time to help their employees laws of the 1960’s. voluntarily create a work schedule We have lost our way if the only way ployers, because there are many em- that meets their needs. we can think of to bring updated bene- ployers today, who as a matter of pol- I also find it extremely ironic that in fits to workers is to trade off historic icy in their own business, allow flex my congressional office with my public protections. This is a one-sided trade- time and work with employees to work sector employees, I can allow a person off. Yes, the worker can make a deci- out a way that they can spend more who is working on my staff to take sion. The worker can make a decision time with their families, but what is time off to visit or to go to a teacher’s if the worker is willing to confront the happening in this bill is a shift in training education day or a student greater power of the employer, and power to those employers who want to conference day; I can allow them that therein lies the problem with this bill. use this as a way to get pay levels flexibility in utilizing comp time. But This bill is being proffered in the down through not paying overtime pay. yet we are trying to impose a double name of women, yet working women The biggest shift that has happened standard on myself as an employer in would be the last to benefit from this in our society in probably 100 years is the private sector, that I cannot offer bill. Why? Because America’s low-wage not the television, it is not even the that same benefit that I can offer to workers most in need of overtime pay airplane or the computer, it is the lack members of my congressional staff to are women. They are the low-wage of time that adults have to raise their have the same benefits to attend some- hourly workers, because half of the children. So this bill could have been a thing that is very important to their workers who moonlight in America bill that would be very positive in mov- families and to their children’s futures. today are women, because almost all ing us in the right direction. It does I know that there will be a substitute the single parents who are struggling not do that. I am sorry it does not do amendment that will be introduced with little or no child support are that. I wish it did do that. If it did today that many of my Democratic women, yet the need for flexibility is that, I would be for it. colleagues will be supporting. But I overwhelming, and it is great, and it is But it moves us in a direction that caution them. I do not think this is the felt by women as well as men. There we ought not to be going. It moves us answer. While it has some modifica- are many alternatives. in the direction of allowing some em- tions that are worthy, the bottom line Why do we not spread some of the in- ployers who would want to use it in is that we are trying to impose another novative leave benefits that Federal that way to reduce the amount of over- mandate on employers by requiring workers have? Leave banks where em- time pay going to employees, and not them to provide the family medical ployees bank their leave for others to letting employees have any say in that leave another 24 hours. use when they are in need; leave trans- decision. This provision does not make a whole fer, a one-on-one transfer, one worker Mr. Chairman, I urge Members to lot of sense, because if you have an em- to another; the Family Friendly Leave vote against this bill. I think we can do ployer that is offering comp time, Act, a bill I wrote, where a worker can much better than this. The Family there is no employee out there that is use her own sick leave to care for a Leave Act should be amended. We going to make a decision in which they sick family member; and there are should be moving in that direction. are going to take unpaid family medi- many more. We can find them to- That is a very positive way to go. That cal leave time off in lieu of the comp gether, but only if we are willing to leaves it within the power of employees time. abandon the zero-sum-game approach to make those decisions. But this bill It also is not appropriate and it is not represented by H.R. 1. Let us do that would move us in exactly the wrong di- fair for us, under the Miller substitute, and sit down, and write a bipartisan rection in, again, an area that is prob- to require private sector employees bill. ably more important to people than March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1133 anything I can think of. Adults spend to make ends meet, is there compassion for rangements is voluntary for both the one-third less time with children today those mothers who have to make day-by-day employer and employee. than they did 20 years ago. We have to decisions as they balance choices between I have opposed and will continue to do something about it. This bill is not caring for their a families and providing a de- oppose all mandated leave proposals the best way to do it. I urge Members cent standard of living for them? because a federally-mandated benefit to oppose this bill. Today, we need to make the compassionate can never be flexible enough to adapt Mr. Chairman, I rise to oppose this bill and sensible choice by rejecting this bill, the to the diverse needs of employers and todayÐbecause it is a betrayal of the hard- Republican Paycheck Reduction Act, and work employees across the country. This bill working American families who endeavor daily to produce an agenda that puts the working provides the flexibility that will allow to earn enough to feed and care for their chil- family before the corporate personnel officer employers to work with their employ- dren and keep a decent roof over their heads. who is looking at the bottom line. ees to develop work arrangements that Working families, because of this bill, will find Mr. Chairman, I yield back the bal- allow individuals to balance their fam- that their everyday struggles will soon be re- ance of my time. ily and personal responsibilities paid with time off, no pay, all at the conven- The CHAIRMAN. The gentleman against the demands of their jobs. ience of their employers. Where I come from from Missouri [Mr. GEPHARDT] yields I am troubled by the argument made they call that a furlough. back 1 minute. by some opponents of this bill that we I would caution everyone listening to this Mr. CLAY. Mr. Chairman, I yield should not pass this legislation that debate today, not to get caught up in the well- back the balance of my time. would provide increased flexibility for meaning, well-intentioned rhetoric of providing Mr. GOODLING. Mr. Chairman, I all workplaces because a few employers flexibility to hard-pressed workers who need yield the balance of my time to the may abuse this option. As has already time off to care for their families. This bill gentleman from Texas [Mr. STENHOLM]. been pointed out, the bill contains sev- sounds like a remedy for working families, but The CHAIRMAN. The gentleman eral provisions protecting employees is in fact an ill-advised panacea that will have from Texas [Mr. STENHOLM] is recog- from abuse by unscrupulous employers. the effect of denying workers a fair day's pay nized for 3 minutes and 30 seconds. More importantly, I encourage my col- for a fair day's work. (Mr. STENHOLM asked and was leagues to think carefully before mak- We already know that there is a problem in given permission to revise and extend ing a decision that will reduce the the American work force of employees getting his remarks.) flexibility of all employers based on shortchanged by their employers. One busi- Mr. STENHOLM. Mr. Chairman, this the example of a few bad apples. ness group, the Employment Policy Founda- shows how reasonable people can have I know many of my colleagues share tion, estimates that workers are currently differing opinions on the same legisla- my concern about the efforts of some being cheated out of $19 billion a year in over- tion. I rise in strong support of the of the media and elsewhere to exploit time pay. One in ten of every American work- Working Families Flexibility Act. I the misdeeds of a few public officials to ers who is entitled to overtime pay do not get commend the chairman, the gentleman attack this institution and undermine what they earned. And now we are asked to from Pennsylvania [Mr. GOODLING] and the credibility of all of us in public life. pass a bill that will empower businesses to the gentleman from North Carolina I would urge my colleagues to resist make their workers work longer hours, with [Mr. BALLENGER] for their work on this the temptation to apply this same type even less pay and have less flexibility than bill, and particularly for reaching of unfair, broad-brush approach to they have now to take time off. How can we across the aisle to address many of the businessmen and women. say this helps working families? concerns that have been raised about I urge my colleagues to support Our Republican colleagues have already this legislation. The willingness of workplace flexibility and family- missed one opportunity today to truly help Chairman BALLENGER to incorporate friendly practices by voting for this working families by denying our efforts to con- suggestions from Members of both par- bill. sider the Democratic family leave bill which ties has produced a bill that I believe is Mr. MCGOVERN. Mr. Chairman, proponents makes available to parents federally protected deserving of strong bipartisan support. of H.R. 1, the Paycheck Reduction Act, claim leave for family concerns like routine doctor Mr. Chairman, I fail to understand that it is designed to give workers more flexi- visits and parent-teacher conferences. If you the adamant opposition to this bill bility in their lives. But this bill is not about are truly sincere in your pledge to help work- here in Washington, because I do not flexibility for employees, it's about flexibility for ing families you will set aside this raid on believe that same opposition exists employers. No matter how many hours of working Americans' paychecks and reconsider across the rank and file workers of our compensatory time that an employee accumu- your opposition to expanded family medical country. lates, this bill would give their employer full leave. This is a proven, successful policy en- This bill represents a commonsense control over when that time could be used, or acted by Democratic votes, opposed by Re- philosophy that giving employers and whether that time could be used at all. Under publican voices, which has already helped 12 employees flexibility to work together this bill, unscrupulous employers could coerce million Americans to lessen the pain and an- in developing work schedules benefits workers into taking accumulated comptime in- guish in the face of a family crisis. Now let us both the employers and employees. All stead of hard-earned overtime, effectively give those families the comfort of knowing of us who are concerned about the de- stripping workers of much-needed time-and-a- they can go to their child's school to check on mands of balancing work and family half pay. his or her progress with their teachers or to responsibilities should make it possible Mr. Speaker, H.R. 1 offers no real safe- the family doctor when their children or elderly for employers to offer their employees guards for employees in danger of being ex- parents need attention even if it is not life- options such as comptime to deal with ploited by their bosses. Employers who file for threatening. these demands. One of the most posi- bankruptcy could leave their employees with I have talked with working mothers who tive trends in the workplace embraced many unused hours of comptime. Unpaid, un- have to fib to their bosses to get time off just by employers and employees has been solicited vacation time doesn't exactly pay the to pick their children up when they get out of the growth of creative work force poli- rent or feed the kids. school early. Others tell me they actually have cies and flexible benefit plans. We Working families need real flexibility, such to take their sick children with them to the should be encouraging this trend, not as that offered by the Family and Medical workplace when they are too ill to go to school punishing it through inflexible labor Leave Act. Expanding this landmark piece of because there is no one to stay home and laws. legislation would give 15 million more workers care for them. These families need to be given This bill would update our 60-year- the flexibility they need to balance work and options to deal with their daily problems. old labor laws to provide another familyÐwith no loss of income or control over This bill does not offer these families a real choice in the workplace, the ability of their work schedules. choice. Instead of giving flexibility to workers, employees to accept compensatory Mr. Speaker, I ask my colleagues to ask it gives new flexibility to employers. It does not time off instead of overtime pay. It is themselves a very simple question: Do we allow employees to use comp time when the important to keep in mind this bill really want to eliminate the 40-hour work employee needs it. Where, in a proposal that provides for compensatory time as an week? This bill is a first step toward doing just would imposes new pressures on low-wage option that can be chosen but is not de- that. Let's face it: If workers get so much from hourly workersÐmost of whom are womenÐ manded or mandated. The decision to this bill, why do so many oppose it? Surveys to give up overtime pay upon which they rely offer or accept compensatory time ar- have shown that the people who really matter H1134 CONGRESSIONAL RECORD — HOUSE March 19, 1997 in this debateÐthe working men and women ployees, then H.R. 1 would probably be a unjust, and would have a particularly harmful whom this bill would affectÐoppose the sub- sound proposal. However, in that case, most effect on unskilled, low-wage workers. stitution of comptime for overtime by a margin of our labor laws would be unnecessary. Un- In fact, millions of workers depend on over- of 3 to 1. fortunately, history has shown us that Federal time pay just to maintain a decent standard of Mr. Speaker, this comptime bill is bad news labor protections such as the minimum wage, living. Although these workers may need to re- for American workers, and I strongly urge my fair labor standards, workplace safety, and ceive overtime pay, they may feel threatened colleagues to reject it. family and medical leave are necessary to by employers to receive compensatory time in- Mr. FAZIO of California. Mr. Chairman, I rise protect many American workers. stead. Moreover, those employees who openly in strong opposition to H.R. 1 and encourage While H.R. 1 might benefit both employees elect to receive overtime pay may be black- my colleagues to support the Democratic sub- and employers in many work settings, it fails balled by employers so as to no longer re- stitute being offered by Mr. MILLER of Califor- to protect many unrepresented, private sector ceive overtime work. Employers may then nia. workers in our country who are concerned elect to give overtime work to those individuals We are all for worker and employer choice about their job security, and are wary of taking requesting compensatory time. on the issue of comptime. Clearly, comptime actions against their employer to defend their The administration has threatened to veto can be a useful tool for those who would rath- rights. Amendments were offered in committee H.R. 1 because it weakens employees' rights er use the extra time to spend with their fami- to improve worker protections, but unfortu- and provides no protection against employer lies than receive the overtime money. But that nately these were all defeated on party line abuse. Fair and reasonable compensatory decision should be left to the employee and votes. The Democratic substitute offered by time legislation must provide real choices for not be made as a unilateral decision to be Congressman MILLER includes specific provi- employees and preserve basic worker rights. made by the employer. sions to ensure that comptime is voluntary, This bill does neither. The President has already voiced his con- uniformly available, and more flexible for em- Mr. Speaker, H.R. 1, the Working Families cern that H.R. 1 doesn't meet his standard for ployees, and I support the Miller substitute. Flexibility Act will hurt America's families. I how comptime ought to be administered and I cannot support H.R. 1 as it is now written, urge my colleagues to join me in opposing this his top advisors have recommended that he but I am hopeful that after it is defeated, Con- unjust legislation. veto this bill. gress will work toward useful reforms similar Mr. WELDON of Florida. Mr. Chairman, we This bill is a good example of how if the Re- to Congressman MILLER's proposal. I, for one, have heard a lot of emotional rhetoric today publican leadership would have worked with am eager to sort through the controversial is- that quite frankly has added little to the discus- the White House and the Democratic mem- sues surrounding H.R. 1, because I would sion of the real issues before us. I want to re- bers on the committee on crafting bipartisan very much like to see a sound comptime bill turn the attention of the debate to the bill. solution, we could have had unanimous sup- become law in the 105th Congress. What is the Working Families Flexibility Act, port for a true comptime bill. Mr. STOKES. Mr. Chairman, I rise in strong and how would it impact regular Americans I am concerned that the way this legislation opposition to H.R. 1, the Working Families who go to work every day, pay taxes, and are is drafted will allow those employers who are Flexibility Act. Contrary to the title of this bill, torn between work and family? There are two not inclined to pay overtime to coerce their the Working Families Flexibility Act would questions that must be asked: Will this bill employees either directly or indirectly by forc- harm the lives of millions of America's working give employees flexibility to spend more time ing them to take comptime. Further, this bill families. with their families? Does the bill ensure that does not give or guarantee workers who do H.R. 1 would amend the Fair Labor Stand- the decision over whether to take compen- choose to take comptime the right to use it ards Act to permit private sector employees to satory time or overtime pay rests with the em- when they want or need to use it. Employers receive compensatory time off from work for ployee? maintain control over when they want to grant work performed in excess of 40 hours. Under What we are about today is giving private comptime. Moreover, they are free to eliminate existing overtime laws, employees are re- sector employees the same right to work flexi- or modify comptime plans at any time without quired to receive cash wages at the rate of ble hours that Federal, State, and local gov- giving prior notice. 11¤2 hours for each hour of overtime. ernment workers have enjoyed for more than Perhaps the most egregious component of I oppose this bill because it fails to provide a decade. Most Government workers I have this bill is that H.R. 1 does not contain protec- adequate safeguards to protect employees talked to like and want this type of flexibility, tions for workers whose employers go bank- from being forced to accept compensatory and it is wrong to deny private sector employ- rupt or out of business, leaving them with time from unscupulous employers. H.R. 1 per- ees these same rights. worthless comptime. The garment, building mits employers who wish to save money at Specifically, the bill before us states that services, construction and seasonal industries the expense of their workers to coerce em- employers are allowed to offer their employee are particularly subject to thinly capitalized ployees into accepting compensatory time in a choice of receiving overtime compensationÐ employers who go in and out of business place of overtime pay. As a result of their un- for every hour worked over 40 hours in a 7- quickly. Rather than dealing with this issue in equal bargaining positions, most employees day periodÐin the form of 11¤2 hours of paid a reasonable manner such as exempting such would not feel free to reject an employer's re- time off or 11¤2 hours of cash wages. workers, H.R. 1 does nothing to address the quest that they take compensatory time in- Back in 1938, a Federal labor law was put very practical request. stead of cash overtime pay. in place that requires employers to pay over- I support the concept of comptime; however, This bill has failed to incorporate reasonable time pay with no option for giving flexible com- in the reality of the workplace, most workers safeguards to prevent employer abuses. Fur- pensatory time instead. When this was put in will not feel free to reject an employer's re- thermore, the legislation's penalties are mark- placeÐ59 years agoÐmost families had a quest that they take comptime in lieu of over- edly inferior to those already provided in cur- parent who worked away from home and an- time pay. rent law. Therefore, the proponents of this bill other who stayed at home. Today, in 60 per- Therefore, I ask my colleagues to reject have failed to take any substantial steps to cent of homes, both spouses work away from H.R. 1 and send it back to committee and re- deter employers from forcing compensatory home. This is up by over 36 percent in just the work this bill so that it addresses the rights of time instead of receiving a cash payment. past 25 years. America's working men and women. Even more alarming is language contained With more and more parents working out- Ms. LOFGREN. Mr. Chairman, the issue of in H.R. 1 which permits an employer the au- side of the home, survey after survey of Amer- comptime and flexible work schedules is ex- thority to cancel an offer of compensatory time ican workers shows that Americans are in- tremely important among the workers and em- if the employer decides that the worker's time creasingly torn between work and home and a ployers in my district, and I believe most Sili- off would unduly disrupt the operations of the more flexible work schedule is their top prior- con Valley workplaces would benefit from employer. Therefore, employers would have ity. changes in current requirements. Therefore, I complete discretion over when compensatory Why should we continue to deny private would very much like to support legislation time may be used. sector workers the flexibility they want and that would provide flexibility to employees and In addition, this legislation does not safe- need? The Working Families Flexibility Act is businesses, while protecting workers every- guard workers who prefer to receive overtime about allowing parents to choose to spend where. pay from discrimination by management when more time with their children. Unfortunately, H.R. 1 falls short of these ob- future overtime work is available. This would Too often our society places too much value jectives. enable an employer to only offer overtime on money and too little on relationships with a If we were certain that all employers in work to employees who had previously ac- spouse and children. Too many families America would never try to be unfair to em- cepted compensatory time. This is extremely around us are falling apart. Too many families March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1135 want to spend more time with their children, formed by entry-level employees in 12 job cat- Last year, the U.S. Department of Labor but are denied this right because of a 60-year- egories. After privatization, wages and benefits handled over 60,000 cases that dealt with the old outdated law. fell 25 to nearly 50 percent, and half of the job loss of overtime pay. These workers were Opponents of the bill have raised the ques- titles studied each lost $10,000 or more in an- cheated out of millions of dollars. We should tion of whether the decision on whether or not nual wages. not validate this unfair, illegal practice by to take compensatory time or overtime pay H.R. 1 is anything but family friendly. Under changing the law to allow employers to deny rests with the employee. I agree fully that this the proposed law, employers have the power overtime pay. Last month, during a Senate decision must rest with the employee. to constantly change a person's work sched- hearing on comptime legislation, a lobbyist for The bill before us has many provisions that uleÐ60 hours 1 week, 20 the nextÐwithout the National Federation of Independent Busi- guarantee that this decision rests with the em- any requirement to pay overtime. Can you ness stated that small business ``can't afford ployee alone, not the employer. In fact, the imagine how difficult it would be for a parent to pay their employees overtime. This flextime Working Families Flexibility Act offers private or other caretaker to arrange child care to plan is something they can offer in exchange that sector employees more protections than Gov- time with their families under these condi- gives them a benefit.'' this lobbyist conformed ernment workers have today. tions? that employers have no intention of paying The bill makes it illegal for an employer to Under the Republican bill, management, not their workers time and a half when they can pressure employees to take compensatory workers, hold the power to decide when it is require them to work without pay instead. time rather than overtime pay. Any employer most convenient for workers to take their Our working men and women deserve bet- who coerces, requires, or even attempts to comptime. ter. They deserve pay for the overtime that pressure an employee to take compensatory Instead of considering H.R. 1, I urge my col- they earn, instead of comptime that they can time rather than overtime pay is subject to leagues on both sides of the aisle, to pass use only when their employer allows them to penalties which include double the amount in legislation that expands the Family and Medi- take it. I hope that my colleagues will join me wages owed plus attorneys fees and cost. cal Leave Act. That is why I am a cosponsor in voting against this bill, which is an outright Also, civil and criminal penalties apply. The of H.R. 234, the Family and Medical Leave attack on the pocket books of American work- fact that civil and criminal penalties apply is Enhancement Act, introduced by my colleague ers. guarantee enough to ensure that employees from New York, Congresswoman CAROLYN Ms. JACKSON-LEE of Texas. Mr. Chair- are the ones making this decision. MALONEY. H.R. 234 will allow workers to take man, I rise in opposition to H.R. 1 the Pay- Finally, I must say that I am disappointed unpaid leave to seek medical care for their check Reduction Act of 1997, any proposed that the loudest opposition to this bill has children or elderly parents, or to participate in change in the workplace rules regarding over- come from Washington labor leaders. I'm their children's education. And more important, time pay or compensatory time that does not afraid that in their attempt to stir anti-Repub- it allows workers to have a voice in decisions take into consideration the rights of working lican sentiment and scare the American work- about when they can take time off from work Americans to equal and fair pay should not er, it is the American worker who is struggling without risking their overtime pay. become the law of this Nation. The 104th Congress is already remembered to balance time between work and family that H.R. 1 is a pay cut for America's workers. for turning back the clock for working people will suffer without passage of this bill. Addition- A working mother, for example, who puts in when it passed welfare reformÐabandoning a ally, I would point out that the bill before us 47.5 hours per week at $6 an hour will earn 60-year Federal commitment to helping those specifically protects collective bargaining $307.50. Substituting comptime for overtime in need. Let us make sure that the 105th Con- agreements. Those governed by such agree- pay, however, will leave her with just $240 per gress does not go down in history for over- ments are free to set their own collective bar- weekÐa 22 percent pay cut. gaining arrangements. turning another Federal guarantee to working Any offers of what some would describe as Clearly the Working Families Flexibility Act people that has been in place nearly 60 voluntary compensatory time for workers provides employees with the type of flexibility yearsÐthe right to overtime pay. should include protections which ensure that it they want and it is clear that there are plenty Mr. KLECZKA. Mr. Chairman, I rise today in is indeed voluntary. of protections to ensure that this decision rests strong opposition to H.R. 1, the so-called with the employee alone. Working Families Flexibility Act. this title could In fiscal year 1996, the same year this body Mr. RUSH. Mr. Chairman, I speak today in not be more untrue. A more appropriate title passed the first increase in the minimum wage strong opposition to H.R. 1, a bill to amend for this family unfriendly legislation is the Pay- in nearly a decade, the Department of Labor the Fair Labor Standards Act of 1938 to pro- check Reduction Act, because that is exactly had 13,687 compliance actions of disclosed vide compensatory time for workers in the pri- what will happen to families if this bill passes. overtime violations. These represented nearly vate sector. H.R. 1 will allow employers to give their 50 percent of those in which FLSA minimum This bill represents a draconian piece of leg- workers 11¤2 hours of compensatory time for wage overtime monetary violations were islation. It is aimed at dismantling basic pro- every hour worked, instead of paying them found. The Wage and Hour Division found just tections for hourly workersÐprotections that time and a half. Employees stand to lost a over $100 million in backwages due to over- were won nearly 60 years ago by organized great deal of money if this bill becomes law. time violations owning to nearly 170,000 work- labor. H.R. 1 poses a serious threat to the They will not only lose their overtime pay, but ers. basic concept of the 40-hour workweek and also the money that would have otherwise Unfortunately, all too often when the debate requirements that hourly workers are paid been paid for their Social Security and unem- on the floor of this body shifts, it cuts harshest overtime. ployment benefits. While it is important that into the American worker's ability to earn a liv- Unfortunately, many of my colleagues and working fathers and mothers be allowed time able wage, against his or her right to a safe the media are trying to portray this initiative as off to go to their child's soccer game or see work environment, or into the necessity of re- being prowomen, profamily, and proflexibility. them in the school play, it is equally important ceiving just compensation for the work that In reality, H.R. 1 is extremely antiworker and to see that this is accomplished in a way that they perform. antifamily. benefits the working parents, and not just their If we as Representatives of working Ameri- H.R. 1 is dangerous because it opens the bosses. cans are going to talk about how best to help doors for employers to avoid paying hourly Employers already have a great deal of the working families of this country, we must workers overtime. Therefore, H.R. 1 threatens flexibility under the Fair Labor Standards Act make it our first priority to ensure that they re- to reduce the income and standard of living for to accommodate their workers' requests for ceive fair compensation for their work. H.R. 1 working families. Millions of hourly workers, time off for family or personal matters. In addi- as it is currently written will not ensure that predominantly women, people of color, and tion, workers today already have the oppor- workers who depend on overtime pay receive people with disabilities, depend on overtime tunity to take unpaid leave under the Family it if they do not wish to receive compensatory pay to maintain a decent standard of living of and Medical Leave Act. This bill does not time. their families. H.R. 1 would allow employers to even guarantee that employers will grant time Those wage and hour violations involved a avoid paying overtime. off for workers who choose to earn comptime little more than one-half of 1 percent of all 6.5 H.R. 1 is particularly onerous because of instead of overtime pay. Only employers will million employers in the United States. For the mounting evidence that privatization is plung- have more flexibility under this act. When it sake of the 170,000 known workers who were ing hourly workers and their families closer to comes time to decide which employees to give affected by criminal overtime policies, we the edge of poverty. A recent study by the overtime work to, employers will always should not act without providing insurance that Chicago Institute on Urban Poverty examined choose those who just want comptime over they will not fall victim again due to anything the impact of contracting out the work per- those that rightly want time and a half pay. we might accomplish today. H1136 CONGRESSIONAL RECORD — HOUSE March 19, 1997 We should keep in mind the need to ensure Families also need paycheck protection! lieved their families had been hurt by changes that employers are barred from denying a rea- Two-thirds of American workers oppose sub- they had experienced at work, such as more sonable request for time off, that workers do stituting comp time for overtime pay. stress or longer hours. And the Department of not lose money because compensatory time is This bill will affect wage hour earners. 70 Labor finds that 70 percent of working women not credited for unemployment, pension, or percent of those make $10 an hour and under. with children cite balancing work and family Social Security. We must have absolute cer- The reality is that families in this income responsibilities as their No. 1 concern. tainty that the most vulnerable to overtime vio- bracket do not have much discretionary in- Families want more flexibility in their work lationsÐtemporary, seasonal, part-time, and come and may find it extremely difficult to schedules, to help accommodate soccer construction workersÐare protected, and that postpone receipt of their paychecks. games, school awards, or just time with the employees have a direct remedy if an em- Under H.R. 1 if an employee requests children. ployer without just cause denies a request for comptime and later chooses overtime pay, the That's why the Working Families Flexibility compensatory time. The employer must be re- employer may retain his earnings for 30 days. Act is so important. Given the fact that many quired to notify employees of their rights under In addition, the use of comptime is not count- employees are working overtime, the Working any new law dealing with compensatory time. ed as hours worked. Families Flexibility Act brings the Fair Labor Finally, there must be penalties for noncompli- Employees will lose money that would have Standards Act into the 1990's. It gives employ- ance with any compensatory time law by em- otherwise been contributed toward Social Se- ees a choice: get paid time and a half, or take ployers who may attempt to take advantage of curity and unemployment benefits. time and a half off with the family. All that's employees who have worked in good faith in I support employee flexibility. I even support needed is a mutual agreement between the expectation of comptime. comptime as long as workers rights are not in- employer and the employee. As amended, Ms. VELAÂ ZQUEZ. Mr. Chairman, my col- fringed upon. However, in the interest of the workers can accumulate up to 160 hours of leagues, I am amazed at how far the Repub- hundreds of thousands of working constituents comptime. Any comptime that is not taken lican majority will go to keep hardworking in my district, I cannot support H.R. 1. must be paid at time and a half. And all American families in poverty. The Paycheck Mr. PACKARD. Mr. Chairman, imagine not comptime must be cashed-out once a year Reduction Act is their latest in a string of anti- being able to attend your son's graduation or into time-and-a-half pay, or when the employer family and anti-child proposals. The Miller sub- your daughter's parent-teacher conference be- requests it. stitute protects pay, benefits and time for cause you could not get the time off of work. This is the right thing to do. Three out of working families. I urge all of you to support Graduations, birthday parties and family re- five workers working overtime would like to the Miller substitute and oppose H.R. 1. unions are the moments that we live for. If we take comptime instead of time-and-a-half pay. This billÐon top of last year's welfare re- let these priceless moments slip away, they Interestingly enough, Congress granted formÐwill only make the difficult lives of work- will be forever lost. similar flexibility to public sector employers in ing mothers a nightmare. The reality is that I know that families are working harder than 1985. But the private sector and small busi- they already have a huge struggle. Many work ever before. Parents today put in many more nesses are prohibited by the FLSA from offer- two or three jobs just to make ends meet and hours than they did just a few decades ago to ing this kind of family friendly flexibility to their keep their families together. purchase the basic necessities. In addition, own employees. If this kind of flexibility is Moms and Dads are finding it increasingly dif- Consider a mom who puts in a 47 hour good enough for government employees, it's ficult to balance work and family responsibil- work week at $6 an hour. She will earn good enough for the rest of America. ities. Between getting the kids off to school, During the previous Congress, President $308.00. By substituting comp time for over- making sure that dinner is on the table, paying Clinton joined the bandwagon in support of time, she will only bring home $240.00Ða 22 the bills and walking the dog, there are but a more flexibility in family work schedules. His percent pay cut. This is simply a price most precious few moments for family time. proposal is represented by the substitute families cannot afford. Faced with less money Mr. Speaker, I understand the trade-off be- being offered by my colleague from California, in their pay check, they will have to scrimp for tween time at home and time spent at work Mr. MILLER. But the Clinton-Miller proposal even the most basic necessities. which many couples must endure. As a father does not do the job for America's working Worse of all, comp time will not be vol- of seven, I know that we want the best and families. It creates unnecessary bureaucratic untary. Do you truly believe a parent will be al- the most for our children. This is why I am paperwork for employers. And it does not lowed to use the time when they need it supporting legislation to amend outdated fed- allow employees to bank any sizeable amount most? Clearly, the majority cares more about eral law to provide more work schedule flexi- of their comptime, as the Working Families making sweet heart deals with the privileged bility. This will allow families more time to take Flexibility Act does. Nevertheless, we appre- than helping hard working employees. their children to the doctor, to drive them to ciate the President's interest, and look forward My colleagues, overtime is important to so soccer practice and to attend the school play. to eventually having his support for this popu- many working families and their children. We, H.R. 1, the Working Families Flexibility Act, lar and bipartisan legislation. here in Congress, should not be undermining will allow employers the option of offering their The Working Families Flexibility Act gives their standard of living. Support the Miller Sub- employees the choice of paid time off in lieu working families a better chance to get what stitute. Vote No on the Pay Check Reduction of cash wages for overtime hours worked. As they want and what they need: Time with their Act. with cash overtime pay, compensatory time children, with their family, friends, and loved Ms. EDDIE BERNICE JOHNSON of Texas. would accrue at a rate of one-and-one-half ones. It includes important protections for em- Mr. Chairman, H.R. 1 is bad for working times the employee's regular rate of pay for ployees and employers. It is a balanced, rea- women! each hour worked over 40 within a 7-day pe- sonable approach to the work and family envi- Families need flexibility! However, H.R. 1 is riod. ronment of the 1990's. I urge all Members to not the way to reach employee flexibility. I believe that the Working Families Flexibility support it, because families support it, too. Flexibility would allow employees to decide Act offers a workable solution for both employ- Mr. LUTHER. Mr. Chairman, I strongly sup- when to take comp time off. H.R. 1, on the ers and employees who are attempting to port the Paperwork Elimination Act. This legis- other hand, extends that flexibility to the em- achieve this balance. It will strive to improve lation has again passed the House Small ployer. the quality of life for our citizens while working Business Committee with unanimous biparti- The truth is, under H.R. 1, an employer has to provide them with the precious time and op- san support. It was one of the top rec- no obligation to grant a request for a specific portunity to spend with their families. ommendations of the 1995 White House Con- time off. Further, the unduly disrupts language Mr. CUNNINGHAM. Mr. Chairman, I rise in ference on Small Business and builds on the takes away even more flexibility from the em- support of the Working Families Flexibility Act success the 104th Congress had in reducing ployee. Employers may use this provision to (H.R. 1). I am a proud original cosponsor of Federal paperwork demands on our Nation's the disadvantage of the employees when this measure, which I believe is one of the small businesses. there is no serious injury to the work environ- most profamily, proemployee bills ever to I think members of both parties can agree ment. Therefore, employers may actually pun- come before Congress. that Federal paperwork demands on small ish employees with the selective use of comp In San Diego County, families work hard to businesses have become too expensive, time time. make ends meet. They have some of the consuming, and burdensome. It is estimated H.R. 1 is not the answer. What is the an- country's longest commutes. They struggle to that business owners and ordinary citizens swer? The Family and Medical Leave Act make time with their children. According to a spend 6 billion hours per year responding to should be expanded to give working families Yankelovich poll cited in the June 16, 1996, Federal reporting requirements ranging from basic protection. Wall Street Journal, 62 percent of parents be- employment forms from the Bureau of Labor March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1137 Statistics to Internal Revenue Service returns. Ms. BROWN of Florida. Mr. Chairman, H.R. all of those criteria. Obviously, it offers real This time could be better spent developing 1, the Working Families Flexibility Act of 1997 choice for employees, because employees new business initiatives that would lead to in- is also known as the Pay Reduction Act. may choose whether or not to accept compen- creased economic activity and job growth. Today, millions of workers depend on over- satory time if it is offered. Currently, there is Having worked in and with small businesses time payÐjust to feed their families and keep no choice. The bill clearly protects against for years, I have come to appreciate the frus- a roof over their heads. How cruel to consider abuse. It states specifically that an employer trations small business owners feel when it this overtime pay as optional. Today too many may not intimidate, threaten or coerce any comes to dealing with excessive Federal regu- people depend on overtime pay to survive. employee for the purpose of interfering with lations. As I travel throughout Minnesota's Their survival is not optional. the right to choose compensatory time or pay- sixth district, one of the most common com- It is employersÐnot employeesÐwho get ment of monetary overtime and it sets out plaints I hear from small business owners is grater flexibility from this bill. The bill does not penalties, payable to the employee. And finally how paperwork costs associated with comply- contain necessary safeguards to assure that it preserves, and enhances, basic worker ing with Federal regulations are hurting their the employee's decision to accept comptime is rights including the 40-hour workweek. It actu- ability to compete. We must recognize that truly voluntary ally allows private sector employees the same small businesses often do not have the re- The overtime provisions in the Fair Labor rights available to those represented by unions sources to keep pace with new and rapidly Standards Act both protect workers from ex- or who work in the public sector. It does not changing regulations. cessive demands for overtime work, and, by affect, in any way, the 40-hour workweek. H.R. 852 provides businesses with the op- requiring premium pay for overtime, provide Further, it does not infringe on union powers tion of electronically submitting information re- an incentive for businesses to create addi- because it does not apply to those workplaces quired to comply with Federal regulations. tional jobs. represented by a union. All those benefits are Small businesses and individuals can now There is no doubt that American workers covered by a collective bargaining agreement. send and receive mail, complete their financial prefer pay for their overtime workÐinstead of Incidentally, compensatory time is one of the transactions, and read magazines and news- comptime. Unfortunately, too many do not get most commonly negotiated benefits for union papers from their own personal computers. paid. The Employment Policy Foundation, a employees. There is no reason why businesses should not think tank supported by employers, estimates I urge my colleagues to join me in voting for have the option of completing Federal Govern- that workers lose $19 billion a year in overtime H.R. 1. This is a bill for our working families. ment forms by computer, so that interaction pay due to violations of the Fair Labor Stand- To again quote the Acting Secretary of Labor: with the Federal Government becomes a more ards Act. ``WorkersÐnot employersÐmust be able to positive experience for business owners. Mr. KOLBE. Mr. Chairman, I rise in strong decide how best to meet the current needs of As a member of the Small Business Com- support of H.R. 1, the Working Families Flexi- their families.'' It is a bill I am proud to sup- mittee, I urge support for this legislation to re- bility Act of 1997. It is time that we grant pri- port. duce the paperwork burden on small busi- vate sector employees one of the benefits that Mr. SMITH of Texas. Mr. Chairman, if you nesses as they attempt to meet the Federal many public sector employees have enjoyed want to make the workplace more family Government's information demands. Thank for a long time. I congratulate the gentleman friendly, vote for the Working Families Flexibil- you. from North Carolina for bringing this bill to the ity Act. Mrs. LOWEY. Mr. Chairman, I rise in strong floor for our consideration. This bill provides working mothers and fa- opposition to H.R. 1, the so-called comptime Mr. Chairman, one of the concerns I hear thers with more choice and flexibility. It pro- legislation and in support of the Miller sub- most often, in this era of the dual income fam- vides workers with the choice of comptime pay stitute. America's workers need to know that ily, is being able to balance children's needs or overtime. This option allows employees to this bill is a sham. It would effectively elimi- with those of the job. For too long, employers balance family needs and career needs. nate workers' fundamental guarantee of over- who want to be flexible have been hamstrung There are some things that money can't time payÐwithout providing any genuine flexi- by rules made for a bygone era. Finally, we buyÐtime with your children, your parents, or bility in return. are about to offer the tools to make life better your spouse. Comptime allows workers to buy I think every Member in this Chamber sup- for those families. more of all of these things. ports greater flexibility for working men and This bill would allow a working mother to If you want to free working families from the women. I raised three kids while working. I bank sufficient overtime hours in a compen- shackles of big government, vote for the know how important it is for working parents to satory time account to accompany the Girl Working Families Flexibility Act. This bill will be there for their family. Scout troop on their weekend camping trip make workplaces more flexible in the 21st Some working parents out there may be which leaves immediately after school on Fri- century. learning about this legislation for the first time, day. She could bank enough hours to take If you believe that Congress should live and may be saying to themselves, ``This bill time off to meet with the teacher about her under the same laws that govern the private means I could attend my child's first school daughter's progress. And certainly there could sector, vote for the Working Families Flexibility play, or high school basketball championship.'' be hours to use to take care of the inevitable Act. Since 1985, Federal, State, and local gov- Unfortunately, it is not that simple. orthodontist appointments and doctors' ap- ernments have been able to offer their em- Under this bill, it would be too easy for an pointments. She wouldn't have to take time off ployees comp time. Shouldn't private-sector employer to coerce employees to take from work without pay to attend to these employees have this same option? This bill comptime instead of the overtime pay so needs. says yes. many families depend upon. And under this But for those men and women who would Vote for our families. Vote for flexibility. bill, a worker who agrees to comptime instead benefit more from additional cash, receiving Support the Working Families Flexibility ActÐ 1 for our families, our workers, and our children. of overtime payÐwhether by choice or by overtime pay at the rate of 1 ¤2 hours for every The CHAIRMAN. All time for general forceÐhas no guarantee they can use the hour worked would remain the standard. No debate has expired. one would be forced to take time off instead time they earned when they need it most. Mr. Pursuant to the rule, the committee of taking overtime pay. Compensatory time is Chairman, where is the flexibility? amendment in the nature of a sub- My colleagues and I who oppose this bill a modification to the overtime for pay rule that stitute printed in the bill shall be con- want to make clear how a genuinely family must be agreeable to both employee and em- sidered as an original bill for the pur- friendly law would work. A profamily law, un- ployer. Employers don't have to offer compen- pose of amendment under the 5-minute like this one, would give the employeeÐnot satory time and employees don't have to ac- rule, and shall be considered as having the employerÐthe choice between time off cept compensatory time instead of overtime been read. and overtime pay. It would allow the em- pay. The text of the committee amend- ployeeÐnot the bossÐto choose when to use Mr. Chairman, I cannot imagine why some ment in the nature of a substitute is as comptime. Unfortunately, this bill fails to meet people try to make this sound like a bad deal follows: for employees. The Acting Secretary of Labor this fundamental standard. H.R. 1 Frankly, this bill is a step backward for states: ``Any comp time legislation must effec- Be it enacted by the Senate and the House of working parents. It takes away important work- tively and satisfactorily address three fun- Representatives of the United States of America er protections and could mean a paycut for damental principles: real choice for employ- in Congress assembled, too many families. I urge my colleagues to ees; real protection against employer abuse; SECTION 1. SHORT TITLE. vote against H.R. 1, and vote for the Miller and preservation of basic worker rights includ- This Act may be cited as the ‘‘Working substitute. ing the 40-hour workweek.'' And this bill meets Families Flexibility Act of 1997’’. H1138 CONGRESSIONAL RECORD — HOUSE March 19, 1997 SEC. 2. COMPENSATORY TIME. ‘‘(A) interfering with such employee’s An amendment designated to be of- Section 7 of the Fair Labor Standards Act rights under this subsection to request or fered by the gentleman from Penn- of 1938 (29 U.S.C. 207) is amended by adding at not request compensatory time off in lieu of sylvania [Mr. GOODLING] or his designee the end the following: payment of monetary overtime compensa- may be offered en bloc with one or ‘‘(r) COMPENSATORY TIME OFF FOR PRIVATE tion for overtime hours; or EMPLOYEES.— ‘‘(B) requiring any employee to use such more other such amendments. ‘‘(1) GENERAL RULE.— compensatory time. It is now in order to consider amend- ‘‘(A) COMPENSATORY TIME OFF.—An em- ‘‘(5) TERMINATION OF EMPLOYMENT.—An em- ment No. 1 printed in House Report ployee may receive, in accordance with this ployee who has accrued compensatory time 105–31. subsection and in lieu of monetary overtime off authorized to be provided under para- compensation, compensatory time off at a AMENDMENTS EN BLOC OFFERED BY MR. graph (1) shall, upon the voluntary or invol- GOODLING rate not less than one and one-half hours for untary termination of employment, be paid each hour of employment for which overtime for the unused compensatory time in accord- Mr. GOODLING. Mr. Chairman, pur- compensation is required by this section. ance with paragraph (6). suant to the rule, I offer amendments ‘‘(B) DEFINITION.—For purposes of this sub- ‘‘(6) RATE OF COMPENSATION.— en bloc numbered 1 and 2. section, the term ‘employee’ does not include ‘‘(A) GENERAL RULE.—If compensation is to The CHAIRMAN. The Clerk will des- an employee of a public agency. be paid to an employee for accrued compen- ignate the amendments en bloc. ‘‘(2) CONDITIONS.—An employer may pro- satory time off, such compensation shall be vide compensatory time to employees under The text of the amendments en bloc paid at a rate of compensation not less is as follows: paragraph (1)(A) only if such time is provided than— in accordance with— ‘‘(i) the regular rate received by such em- Amendments en bloc offered by Mr. GOOD- ‘‘(A) applicable provisions of a collective ployee when the compensatory time was LING: bargaining agreement between the employer earned, or Page 4, insert after line 10 the following: and the labor organization which has been ‘‘(ii) the final regular rate received by such No employee may receive or agree to re- certified or recognized as the representative employee, ceive compensatory time off under this sub- section unless the employee has worked at of the employees under applicable law, or whichever is higher. ‘‘(B) in the case of employees who are not least 1000 hours for the employee’s employer ‘‘(B) CONSIDERATION OF PAYMENT.—Any represented by a labor organization which payment owed to an employee under this during a period of continuous employment has been certified as recognized as the rep- subsection for unused compensatory time with the employer in the 12 month period be- resentative of such employees under applica- shall be considered unpaid overtime com- fore the date of agreement or receipt of com- ble law, an agreement arrived at between the pensation. pensatory time off. employer and employee before the perform- ‘‘(7) USE OF TIME.—An employee— Page 4, line 13, strike ‘‘240’’ and insert ance of the work and affirmed by a written ‘‘(A) who has accrued compensatory time ‘‘160’’. or otherwise verifiable record maintained in off authorized to be provided under para- The CHAIRMAN. Without objection, accordance with section 11(c)— graph (1), and ‘‘(i) in which the employer has offered and the time for debate will be combined. ‘‘(B) who has requested the use of such There was no objection. the employee has chosen to receive compen- compensatory time, satory time in lieu of monetary overtime Pursuant to House Resolution 99, the shall be permitted by the employee’s em- compensation; and gentleman from Pennsylvania [Mr. ployer to use such time within a reasonable ‘‘(ii) entered into knowingly and volun- GOODLING] and a Member opposed each tarily by such employees and not as a condi- period after making the request if the use of the compensatory time does not unduly dis- will be recognized to control 10 min- tion of employment. utes. ‘‘(3) HOUR LIMIT.— rupt the operations of the employer. ‘‘(A) MAXIMUM HOURS.—An employee may ‘‘(8) DEFINITIONS.—The terms ‘overtime Does the gentleman from Missouri accrue not more than 240 hours of compen- compensation’ and ‘compensatory time’ shall [Mr. CLAY] rise in opposition? satory time. have the meanings given such terms by sub- Mr. CLAY. No, Mr. Chairman, I do ‘‘(B) COMPENSATION DATE.—Not later than section (o)(7).’’. not, but I ask unanimous consent to January 31 of each calendar year, the em- SEC. 3. REMEDIES. claim the time allocated in opposition ployee’s employer shall provide monetary Section 16 of the Fair Labor Standards Act to the amendment. of 1938 (29 U.S.C. 216) is amended— compensation for any unused compensatory The CHAIRMAN. Is there objection time off accrued during the preceding cal- (1) in subsection (b), by striking ‘‘(b) Any endar year which was not used prior to De- employer’’ and inserting ‘‘(b) Except as pro- to the request of the gentleman from cember 31 of the preceding year at the rate vided in subsection (f), any employer’’; and Missouri? prescribed by paragraph (6). An employer (2) by adding at the end the following: There was no objection. may designate and communicate to the em- ‘‘(f) An employer which violates section The CHAIRMAN. The gentleman ployer’s employees a 12-month period other 7(r)(4) shall be liable to the employee af- from Missouri [Mr. CLAY] will be recog- than the calendar year, in which case such fected in the amount of the rate of com- nized to control 10 minutes. pensation (determined in accordance with compensation shall be provided not later The Chair recognizes the gentleman than 31 days after the end of such 12-month section 7(r)(6)(A)) for each hour of compen- from Pennsylvania [Mr. GOODLING]. period. satory time accrued by the employee and in ‘‘(C) EXCESS OF 80 HOURS.—The employer an additional equal amount as liquidated Mr. GOODLING. Mr. Chairman, I may provide monetary compensation for an damages reduced by the amount of such rate yield myself such time as I may employee’s unused compensatory time in ex- of compensation for each hour of compen- consume. cess of 80 hours at any time after giving the satory time used by such employee.’’. Mr. Chairman, the first amendment employee at least 30 days notice. Such com- SEC. 4. NOTICE TO EMPLOYEES. would require that an employee have pensation shall be provided at the rate pre- Not later than 30 days after the date of the worked at least 1,000 hours in a period scribed by paragraph (6). enactment of this Act, the Secretary of of continuous employment with the ‘‘(D) POLICY.—Except where a collective Labor shall revise the materials the Sec- bargaining agreement provides otherwise, an retary provides, under regulations published employer in the 12-month period pre- employer which has adopted a policy offering at 29 C.F.R. 516.4, to employers for purposes ceding the date the employee agrees to compensatory time to employees may dis- of a notice explaining the Fair Labor Stand- receive or receives compensatorytime continue such policy upon giving employees ards Act of 1938 to employees so that such off. For example, an employee would be 30 days notice. notice reflects the amendments made to eligible to receive comptime if he or ‘‘(E) WRITTEN REQUEST.—An employee may such Act by this Act. she worked 40 hours a week for about 6 withdraw an agreement described in para- The CHAIRMAN. No amendments months with one employer or 20 hours graph (2)(B) at any time. An employee may shall be in order except those printed also request in writing that monetary com- a week for 12 months with one em- pensation be provided, at any time, for all in House Report 105–31, which may be ployer. compensatory time accrued which has not considered only in the order specified, The second amendment would limit yet been used. Within 30 days of receiving may be offered only by a Member des- the number of hours’ comp time that the written request, the employer shall pro- ignated in the report, shall be consid- an employee could accrue to 160 hours. vide the employee the monetary compensa- ered as having been read, shall be de- The bill reported from the committee tion due in accordance with paragraph (6). bated for the time specified in the re- had allowed an employee to accrue a ‘‘(4) PRIVATE EMPLOYER ACTIONS.—An em- port, equally divided and controlled by maximum of 240 hours. Again, this ployer which provides compensatory time under paragraph (1) to employees shall not the proponent and an opponent, shall amendment is designed to address some directly or indirectly intimidate, threaten, not be subject to amendment, and shall of the concerns, both of these amend- or coerce or attempt to intimidate, threaten, not be subject to a demand for a divi- ments, that were registered during our or coerce any employee for the purpose of— sion of the question. markup. March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1139 Mr. Chairman, I reserve the balance In the first amendment, Mr. Chair- Farr LaTourette Riggs of my time. man, we are dealing with the issue Fattah Lazio Riley Fawell Leach Rivers Mr. CLAY. Mr. Chairman, I yield my- some raised that migrant workers Fazio Levin Roemer self such time as I may consume. could be hurt, construction workers Filner Lewis (CA) Rogers Mr. Chairman, the amendment perhaps, so we are dealing with that Flake Lewis (GA) Rohrabacher makes very minor improvements in a issue. Foglietta Lewis (KY) Ros-Lehtinen Foley Linder Rothman very bad bill. H.R. 1 fails to protect In the second there were those who Ford Lipinski Roukema vulnerable workers. It fails to safe- were concerned that if you accrued too Fowler Livingston Roybal-Allard guard employee wages. It encourages many hours and somebody went belly Fox LoBiondo Royce the abandonment of existing paid leave Frank (MA) Lofgren Ryun up, you would have all these accrued Franks (NJ) Lowey Sabo policies, and it invites further viola- hours. Of course, we are reducing that, Frelinghuysen Lucas Salmon tions of the overtime law. The amend- but nevertheless in bankruptcy, of Frost Luther Sanchez ments before us exempt some part-time course, wages and benefits are always Furse Maloney (CT) Sanders and seasonal workers. Many other Gallegly Maloney (NY) Sandlin one of that very top level that you deal Ganske Manton Sanford workers who are not exempted remain with when you start going through the Gejdenson Manzullo Sawyer subject to abuse. bankruptcy procedure. So I think we Gekas Markey Saxton H.R. 1 holds out the very real poten- have accomplished in both instances Gephardt Martinez Scarborough tial that a worker will be cheated out Gibbons Mascara Schaefer, Dan what people were concerned about. Gilchrest Matsui Schiff of 6 weeks of wages. The amendment Mr. CLAY. Mr. Chairman, I yield my- Gillmor McCarthy (MO) Schumer before us limits that amount to 4 self such time as I may consume. Gilman McCarthy (NY) Scott weeks of wages. Mr. Chairman, H.R. 1, Mr. Chairman, I just want to say this Gonzalez McCollum Sensenbrenner with or without this amendment, is fa- Goode McCrery Serrano bill does not apply to any bankruptcy Goodlatte McDade Sessions tally flawed. It deserves to be defeated. cases. Once again, I would say that I Goodling McDermott Shadegg However, I will accept the amendment will accept the amendment. Of course, Gordon McGovern Shaw because it provides very minor im- I will oppose the final passage. Goss McHale Shays provements in the underlying bill. Graham McHugh Sherman Mr. Chairman, I have no further re- Granger McInnis Shimkus Mr. Chairman, I reserve the balance quests for time, and I yield back the Green McIntosh Shuster of my time. balance of my time. Greenwood McIntyre Sisisky Mr. GOODLING. Mr. Chairman, I Mr. GOODLING. I yield back the bal- Gutierrez McKeon Skaggs yield 2 minutes to the gentleman from Gutknecht McNulty Skeen ance of my time Mr. Chairman. Hall (OH) Meehan Skelton Wisconsin [Mr. PETRI], a member of the The CHAIRMAN. The question is on Hall (TX) Meek Slaughter Committee. the amendments en bloc offered by the Hamilton Menendez Smith (MI) Mr. PETRI. Mr. Chairman, I thank Hansen Metcalf gentleman from Pennsylvania [Mr. Smith (NJ) my colleague for yielding time to me. Harman Mica Smith (OR) GOODLING]. Hastert Millender- Mr. Chairman, I rise in support of Smith (TX) The question was taken; and the Hastings (FL) McDonald Smith, Adam this amendment. As Members know, Chairman announced that the ayes ap- Hastings (WA) Miller (CA) Smith, Linda there has been a long debate over ex- Hayworth Miller (FL) peared to have it. Snowbarger empting certain industries from provi- Hefner Minge Snyder RECORDED VOTE Hill Mink Solomon sions of this bill. Construction workers Hilleary Moakley Mr. GOODLING. Mr. Chairman, I de- Souder and other seasonal employees, for ex- Hilliard Molinari Spence ample, often work on short-term mand a recorded vote. Hinchey Mollohan Stabenow projects and frequently change employ- A recorded vote was ordered. Hinojosa Moran (KS) Stark Hobson Moran (VA) ers. As they move from job to job, it is The vote was taken by electronic de- Stearns Hoekstra Morella Stenholm vice, and there were—ayes 408, noes 19, Murtha unlikely these workers will ever be Holden Stokes Hooley Myrick able to use comptime. not voting 5, as follows: Stump Horn Nadler Stupak It has been pointed out that viola- [Roll No. 55] Hostettler Nethercutt Sununu tions of overtime requirements typi- Houghton Neumann AYES—408 Talent Hoyer Ney cally are more likely to occur in these Abercrombie Boucher Crane Tanner Hulshof Northup types of employment situations as Ackerman Boyd Crapo Tauscher Hutchinson Norwood Aderholt Brady Cubin Tauzin well. Making comptime an option in Hyde Nussle Allen Brown (CA) Cummings Taylor (MS) industries where the relationship be- Inglis Oberstar Andrews Brown (FL) Cunningham Thomas Istook Obey tween the employer and the employee Archer Brown (OH) Danner Thompson Jackson (IL) Olver is transitory may in fact make it easi- Armey Bryant Davis (FL) Thornberry Jackson-Lee Ortiz Bachus Bunning Davis (VA) er for unscrupulous employers to avoid (TX) Oxley Thune Baesler Burr Deal Thurman paying overtime wages. Baker Burton DeFazio Jefferson Packard Jenkins Pallone Tiahrt It is much better for both employers Baldacci Buyer DeGette Tierney and employees to require, as this Ballenger Callahan DeLauro John Pappas Johnson (CT) Parker Torres amendment does, that workers put in Barcia Calvert DeLay Traficant Barr Camp Dellums Johnson (WI) Pascrell at least 1,000 hours over a 12-month pe- Johnson, E.B. Pastor Turner Barrett (NE) Canady Deutsch Upton riod of continuous employment to be Barrett (WI) Cannon Diaz-Balart Johnson, Sam Paxon Jones Payne Vento eligible for comp time. This amend- Bartlett Capps Dickey Visclosky Barton Cardin Dicks Kanjorski Pease ment does that, and thus would ensure Walsh Bass Castle Dingell Kasich Pelosi Wamp that an employee has a substantial re- Bateman Chabot Dixon Kelly Peterson (MN) Waters Becerra Chambliss Doggett Kennedy (MA) Peterson (PA) lationship with an employer before the Watkins Bentsen Chenoweth Dooley Kennedy (RI) Petri option of earning paid compensatory Watts (OK) Bereuter Christensen Doolittle Kennelly Pickering time in lieu of overtime wages can be Berman Clay Doyle Kildee Pickett Waxman made available. Berry Clayton Dreier Kilpatrick Pitts Weldon (FL) This requirement will also help en- Bilbray Clement Duncan Kim Pombo Weldon (PA) Weller sure that any agreement to receive Bilirakis Clyburn Dunn Kind (WI) Pomeroy Bishop Coble Edwards King (NY) Porter Wexler compensatory time instead of overtime Blagojevich Coburn Ehlers Kingston Portman Weygand wages is made on equal terms. By add- Bliley Collins Ehrlich Kleczka Poshard White ing this important provision, I believe Blumenauer Combest Emerson Klug Price (NC) Whitfield Blunt Condit Engel Knollenberg Pryce (OH) Wicker that this amendment would substan- Boehlert Conyers English Kolbe Quinn Wise tially enhance the protections of this Boehner Cook Ensign LaFalce Radanovich Wolf bill, and I would urge all of my col- Bonilla Cooksey Eshoo LaHood Rahall Woolsey leagues to support it. Bonior Costello Etheridge Lampson Ramstad Wynn Bono Cox Evans Lantos Rangel Yates Mr. GOODLING. Mr. Chairman, I Borski Coyne Everett Largent Regula Young (AK) yield myself 1 minute. Boswell Cramer Ewing Latham Reyes Young (FL) H1140 CONGRESSIONAL RECORD — HOUSE March 19, 1997 NOES—19 By putting in place a 5-year sunset sunsetting legislation and requiring Congress Campbell Klink Schaffer, Bob provision, the amendment ensures fu- to review how the laws we pass actually work Davis (IL) Kucinich Strickland ture congressional review of this act. in the real world would serve us well in other Delahunt McKinney Towns Forbes Neal Velazquez We are sending a message, a positive areas as well. Hefley Owens Watt (NC) message, to employers that we are seri- I urge support of the Boyd amendment. Herger Paul ous about making this act work. We Mr. BOYD. Mr. Chairman, I yield 1 Hunter Rush are placing a great deal of trust in our minute to the gentleman from Min- NOT VOTING—5 employees and employers to come to- nesota, [Mr. PETERSON]. Mr. PETERSON of Minnesota. Mr. Carson Rogan Taylor (NC) gether in this act. Kaptur Spratt The changing workplace and the Chairman, I, too, want to rise in sup- port of this amendment because I also b 1430 changing dynamics that exist in two- income families make it essential that think that some of the rhetoric on this Mr. HERGER changed his vote from workers and employers forge an alli- piece of legislation has been overblown. ‘‘aye’’ to ‘‘no.’’ ance. By ensuring congressional review I think that the other side of the Messrs. METCALF, SANDERS, of this act, those who remain con- aisle is to be commended, in that they ALLEN, CONYERS, and UPTON cerned about protecting workers can have moved in our direction and in- changed their vote from ‘‘no’’ to ‘‘aye.’’ assess the success of this act and make cluded some amendments and some So the amendments en bloc were ideas that we have suggested. I think future adjustments, if necessary. agreed to. we have a workable piece of legisla- The result of the vote was announced The changing workplace demands that we seek new solutions to prob- tion. If the problems that some people as above recorded. see are there, I think it will be solved The CHAIRMAN. It is now in order to lems. I believe that compensatory time flexibility will prove to be something by this amendment. We will have a consider amendment No. 3 printed in chance to come back and take a look that is valued by both workers and em- House Report 105–31. at it. ployers. If it does not work like it is PERSONAL EXPLANATION I think this bill will work pretty supposed to, this sunset act will cer- Mr. ROGAN. Mr. Chairman, on rollcall No. close to the way it is put together, and tainly give us the opportunity in the 55, had I been present, I would have voted I strongly support this amendment. future to review that and make the ``yes.'' Mr. BOYD. Mr. Chairman, I yield 1 necessary changes. minute to the gentleman from Ten- AMENDMENT OFFERED BY MR. BOYD Mr. Chairman, I yield 1 minute to the nessee, [Mr. GORDON]. Mr. BOYD. Mr. Chairman, pursuant gentleman from Texas [Mr. STENHOLM]. to the rule, as the Chairman’s designee, Mr. GORDON. Mr. Chairman, I want Mr. STENHOLM. Mr. Chairman, I to commend my friend from Florida for I offer amendment No. 3. rise in support of this amendment. The CHAIRMAN. The Clerk will des- bringing this amendment before us. I In the spirit of the debate on both support this amendment. I think most ignate the amendment. sides of the question, if this is as bad as The text of the amendment is as fol- folks here today also support the gen- some of my colleagues say it is, then eral concept of providing comptime for lows: we sunset it in 5 years. If it is not, then Amendment No. 3 offered by Mr. employees to spend emergency time this Congress can, in fact, make other with their family, or whatever else BOYD: reasonable adjustments to the subject Page 9, add after line 2 the following: might need be done. at hand. SEC. 2. SUNSET. The real question is how can we craft This Act and the amendments made by I continue to fail to understand why this legislation in a way that both em- this Act shall expire 5 years after the date of anybody would object to this legisla- ployees and employers are protected. I the enactment of this Act. tion in its current form, but this think the amendment of the gentleman The CHAIRMAN. Pursuant to House amendment, we think, addresses many from Florida is a good way to move for- Resolution 99, the gentleman from of the concerns by saying we are not ward in that. Certainly we want to get Florida [Mr. BOYD] and a Member op- going to do it forever if it turns out to a good bill, but if there are problems, posed will each control 5 minutes. be bad. We will, in 5 years, sunset it, we should have it sunsetted, and I sup- Mr. CLAY. Mr. Chairman, I am not and then we will not do the irreparable port this legislation. opposed to the amendment, but I ask harm that we hear from so many who Mr. BOYD. Mr. Chairman, I yield my- unanimous consent to claim the time have been against this bill today. self the balance of my time to close by allocated in opposition to the amend- Mr. Chairman, I rise in support of the Boyd giving my thanks to the gentleman ment. amendment, and want to compliment him for from Pennsylvania, Chairman The CHAIRMAN. Is there objection his constructive proposal. GOODLING, and also to my leader, the to the request of the gentleman from Many concerns have been raised about how gentleman from Missouri, Mr. CLAY, Missouri? employers may abuse the flexibility they are for allowing me to present this amend- There was no objection. granted under this bill. I disagree with the ment. The CHAIRMAN. The gentleman views held by the opponents of this bill, but I Mr. CLAY. Mr. Chairman, I yield my- from Missouri [Mr. CLAY] will be recog- respect their opinion. I readily admit that none self such time as I may consume. nized to control the 5 minutes. of us can know for certain exactly what impact Mr. Chairman, sunsetting this bill is The Chair now recognizes the gen- this bill will have. The Boyd amendment not the problem or the answer. Enact- tleman from Florida [Mr. BOYD]. strikes a reasonable balance that allows us to ing H.R. 1 would be a terrible mistake. Mr. BOYD. Mr. Chairman, I yield my- let this good idea go forward for a test period. This bill does not provide employees self such time as I may consume. If the bill has half as many problems as the with paid leave, it only allows employ- Mr. Chairman, this amendment sim- opponents claim it will have, and employers ers to defer overtime pay. It does not ply puts in place a 5-year sunset, which abuse it half as much as we have been led to provide a single employee the right to at the end of that time will cause us, as believe, Congress will never reauthorize it. earn comptime, does not protect the a Congress, to review this act. However, I believe that this bill will work to right of workers to use comptime, and I have listened to the arguments over give employers and employees increased provides no protection where employ- the last few weeks and read a lot about flexibility and that after it has been in effect for ers are unable to pay for comptime. the arguments, and I think that in a 5 years it will have earned even stronger sup- H.R. 1 increases employer control, perfect world, and if this bill works port from employers and employees than it not employee flexibility. Even more se- like it is supposed to, it will be a great has today. riously, this bill, by reducing overtime piece of legislation to strengthen the The significance of this amendment should costs, increases overtime work at the relationship between employers and not be underestimated. This amendment will same time it undermines pay. employees. Certainly, in its ideal form, require Congress to come back and review I oppose the bill because of the dam- H.R. 1 will allow workers and employ- this act in 5 years. Those of us who support age it will cause. However, I will accept ees the flexibility to make decisions this legislation will have the burden to dem- the amendment because, at least, it that will both strengthen families and onstrate that the law has worked as we antici- places some time limit on the amount build a better workplace. pated. I believe that this approach of of that damage. March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1141 Mr. Chairman, I yield back the bal- McDade Pombo Snyder The CHAIRMAN. The Clerk will des- McGovern Pomeroy Solomon ance of my time. McHale Porter Souder ignate the amendment. The CHAIRMAN. The question is on McHugh Portman Spence The text of the amendment is as fol- the amendment offered by the gen- McInnis Poshard Stabenow lows: McIntyre Price (NC) Stark tleman from Florida [Mr. BOYD]. Amendment offered by Mr. OWENS: McKeon Pryce (OH) Stearns Page 3, line 10, insert before the period the The question was taken; and the McKinney Quinn Stenholm following: ‘‘or an employee whose rate of pay Chairman announced that the ayes ap- McNulty Radanovich Stokes is less than 2.5 times the minimum wage rate peared to have it. Meehan Rahall Stump Meek Ramstad Stupak in effect under section 6(a)(1)’’. RECORDED VOTE Menendez Rangel Sununu The CHAIRMAN. Pursuant to House Metcalf Regula Talent Resolution 99, the gentleman from New Mr. GOODLING. Mr. Chairman, I de- Mica Reyes Tanner mand a recorded vote. Millender- Riggs Tauscher York [Mr. OWENS] and a Member op- A recorded vote was ordered. McDonald Riley Tauzin posed will each control 5 minutes. Miller (CA) Rivers Taylor (MS) Does the gentleman from North Caro- The vote was taken by electronic de- Miller (FL) Roemer Taylor (NC) lina [Mr. BALLENGER] rise in opposi- vice, and there were—ayes 390, noes 36, Minge Rogan Thomas tion? not voting 6, as follows: Mink Rogers Thompson Moakley Ros-Lehtinen Thune Mr. BALLENGER. Mr. Chairman, I [Roll No. 56] Molinari Rothman Thurman rise in opposition to the amendment. AYES—390 Mollohan Roukema Tiahrt The CHAIRMAN. The gentleman Moran (KS) Roybal-Allard Tierney from North Carolina [Mr. BALLENGER] Abercrombie Cummings Hefner Moran (VA) Rush Torres Ackerman Cunningham Hill Morella Ryun Towns will control 5 minutes in opposition.. Aderholt Danner Hilleary Murtha Sabo Traficant The Chair recognizes the gentleman Allen Davis (FL) Hilliard Myrick Sanchez Turner from New York [Mr. OWENS]. Andrews Davis (IL) Hinchey Nadler Sanders Upton Mr. OWENS. Mr. Chairman, I yield Archer Deal Hinojosa Neal Sandlin Velazquez Armey DeFazio Hobson Nethercutt Sanford Vento myself such time as I may consume. Bachus DeGette Hoekstra Neumann Sawyer Visclosky Mr. Chairman, in the wee hours of Baesler Delahunt Holden Ney Saxton Walsh this morning I was informed that my Baker DeLauro Hooley Norwood Schaefer, Dan Wamp first grandchild was born, and I assure Baldacci Dellums Horn Nussle Schaffer, Bob Waters Ballenger Deutsch Houghton Oberstar Schiff Watkins my colleagues I pursue my concern Barcia Diaz-Balart Hoyer Obey Schumer Watt (NC) with the future of America with a re- Barrett (NE) Dickey Hulshof Olver Scott Watts (OK) newed fervor. As a result of that, I Barrett (WI) Dicks Hunter Ortiz Serrano Waxman would like to see an America that is Barton Dingell Hutchinson Owens Sessions Weldon (FL) Bass Dixon Hyde Oxley Shaw Weldon (PA) for everybody, liberty and justice for Bateman Doggett Inglis Packard Sherman Weller all, and we share the prosperity. Becerra Dooley Istook Pallone Shimkus Wexler I want to make it quite clear that we Bentsen Doolittle Jackson (IL) Pappas Shuster Weygand can have a comp time bill that serves Bereuter Doyle Jackson-Lee Parker Sisisky White Berman Dreier (TX) Pascrell Skaggs Whitfield everybody’s need. We do not have to Berry Duncan Jefferson Pastor Skeen Wicker grab for it all. We can have a bill which Bilbray Dunn Jenkins Paxon Skelton Wise allows the upper middle class people Bilirakis Edwards John Payne Slaughter Wolf who want this to have it, and the same Bishop Ehrlich Johnson (CT) Pelosi Smith (MI) Woolsey Blagojevich Emerson Johnson (WI) Peterson (MN) Smith (NJ) Wynn time let us exempt three-quarters of Blumenauer Engel Johnson, E.B. Peterson (PA) Smith (OR) Yates the work force who earn $10 or less, Blunt English Jones Pickering Smith, Adam Young (AK) three-quarters of the work force earn Boehlert Ensign Kelly Pickett Smith, Linda Young (FL) Bonior Eshoo Kennedy (MA) Pitts Snowbarger $10 or less. This amendment says we Bono Etheridge Kennedy (RI) should exempt them. Borski Evans Kennelly NOES—36 We just voted on a sunset provision. Boswell Everett Kildee Barr Granger Pease Boucher Ewing Kilpatrick We can come back in 5 years and exam- Bartlett Hastings (WA) Petri ine what happened and maybe add Boyd Farr Kim Bliley Hefley Rohrabacher Brown (CA) Fattah Kind (WI) Boehner Herger Royce them then, but let us exempt them Brown (FL) Fawell King (NY) Bonilla Hostettler Salmon from this radical experiment in labor Brown (OH) Filner Kleczka Brady Johnson, Sam Scarborough law. We do not need to do this. We can Bryant Flake Klink Campbell Kingston Sensenbrenner Bunning Foglietta Klug Davis (VA) Kucinich Shadegg have a win/win situation by letting the Burr Foley Knollenberg DeLay McDermott Shays two-thirds of the work force earning Burton Ford Kolbe Ehlers McIntosh Smith (TX) $10 an hour or less not be a part of this Buyer Fowler LaFalce Forbes Northup Strickland bill. Callahan Fox LaHood Gilchrest Paul Thornberry Calvert Frank (MA) Lampson Mr. Chairman, I reserve the balance Camp Franks (NJ) Lantos NOT VOTING—6 of my time. Canady Frelinghuysen Largent Fazio Kanjorski Kasich Mr. BALLENGER. Mr. Chairman, I Cannon Frost Latham Gephardt Kaptur Spratt Capps Furse LaTourette yield myself 2 minutes. Cardin Gallegly Lazio b 1500 Mr. Chairman, the amendment pro- Carson Ganske Leach hibits, the amendment of the gen- Castle Gejdenson Levin Mr. SHAYS and Mr. GILCHREST tleman from New York [Mr. OWENS] Chabot Gekas Lewis (CA) changed their vote from ‘‘aye’’ to ‘‘no.’’ prohibits, workers earning 21⁄2 times Chambliss Gibbons Lewis (GA) Mr. GEJDENSON changed his vote Chenoweth Gillmor Lewis (KY) the minimum wage, currently $11.88, or Christensen Gilman Linder from ‘‘no’’ to ‘‘aye.’’ about $23,700 for the full-time worker, Clay Gonzalez Lipinski So the amendment was agreed to. from accepting compensatory time. Clayton Goode Livingston The result of the vote was announced Many of these workers would like to Clement Goodlatte LoBiondo as above recorded. Clyburn Goodling Lofgren have that option. In fact one of the in- Coble Gordon Lowey PERSONAL EXPLANATION dividuals who testified at our sub- Coburn Goss Lucas Mr. FAZIO of California. Mr. Speaker, I was committee hearing, Peter Faust, in Collins Graham Luther unavoidably detained on my way to the House Combest Green Maloney (CT) support of compensatory time told us Condit Greenwood Maloney (NY) floor and missed rollcall vote No. 56. Had I that he makes about $20,000 per year. Conyers Gutierrez Manton been present, I would have voted ``aye'' on the Why should he and everybody else Cook Gutknecht Manzullo amendment. who makes less than $23,000 be barred Cooksey Hall (OH) Markey The CHAIRMAN. It is now in order to Costello Hall (TX) Martinez by the law from making this choice? Cox Hamilton Mascara consider amendment No. 4 printed in Do the sponsors of this amendment not Coyne Hansen Matsui House Report 105–31. trust these workers to know what they Cramer Harman McCarthy (MO) AMENDMENT OFFERED BY MR. OWENS Crane Hastert McCarthy (NY) want and what is best for them? Crapo Hastings (FL) McCollum Mr. OWENS. Mr. Chairman, I offer an The Owens amendment is premised Cubin Hayworth McCrery amendment. on the argument that lower income H1142 CONGRESSIONAL RECORD — HOUSE March 19, 1997 workers are inevitably at the mercy of Mr. GREENWOOD. Mr. Chairman, I The CHAIRMAN. The gentleman their employers and so cannot make a oppose the Owens amendment, as I did from North Carolina, representing the free and voluntary choice about com- when this amendment was raised in our committee position, has the right to pensatory time. The bill addresses the committee, and I do it in all due re- close. issue of employers’ voluntary choice spect to the gentleman who offers it. Mr. OWENS. Mr. Chairman. I yield 1 for employees including those who But I consider this proposal to be in- minute to the gentleman from New make less than $23,000 with numerous sulting, patronizing, and discriminat- Jersey [Mr. ANDREWS]. employee protections. ing to young people particularly, like (Mr. ANDREWS asked and was given Let me read what Mr. Faust said in my son. permission to revise and extend his re- his testimony. He said time is precious My son works, and he does not make marks.) 21⁄2 times the minimum wage. He is and fleeting. There are lots of ways to b 1515 make money in this country and lots of working his way up the ladder, and he ways to spend it. But there is only one is working a heck of a lot of overtime. Mr. ANDREWS. Mr. Chairman, I way to spend time with yourself, fam- He is working that overtime because he thank my friend from New York for ily, or friends, and that is to have time is buying a car and insuring it, and he yielding me this time. to spend. When I look back on my life, is taking all of his overtime in cash, The issue raised by the amendment I regret and always will that already and that is fine. Under this bill he of the gentleman from New York [Mr. those occasions when I needed to be would still have the right to take all of OWENS], which I strongly support, is there for my family and they asked me his overtime in cash. how much leverage does the janitor to be part of their life and I could not But one of these days he might say, I who cleans the building have over the because I did not have time. want to go to my friend’s wedding, and person who owns the building and pays I say to my colleagues that this man I need to take Friday and Monday off his or her paycheck? begged us on bended knee not to ex- to do that, and my son is as entitled to The way this bill is set up is it says clude him from this bill, and I think al- make that decision on his account that the employer will, I believe, have most anybody would recognize that he based on his needs as someone who functional control over whether you can make a rational decision as can all makes twice as much money as he choose cash or comp time. If you do other people in that wage scale. does. For that reason I think that the not like what the employer chooses, Mr. Chairman, I reserve the balance gentleman’s amendment is discrimina- you have the right to sue your boss. If of my time. tory and should be rejected, and I yield you make less than $10 an hour, I do Mr. OWENS. Mr. Chairman, I yield 1 back. not think you will get very far doing minute to the gentlewoman from Texas Mr. OWENS. Mr. Chairman, I yield 1 that. minute to the gentlewoman from Ha- [Ms. JACKSON-LEE]. The Owens amendment is pointed in (Ms. JACKSON-LEE of Texas asked waii [Mrs. MINK]. the right direction. I strongly support (Mrs. MINK of Hawaii asked and was and was given permission to revise and it on behalf of all of the people out given permission to revise and extend extend her remarks.) there who have no leverage, no lever- Ms. JACKSON-LEE of Texas. Mr. her remarks.) age over that choice whatsoever. I Mrs. MINK of Hawaii. Mr. Chairman, Chairman, I thank the gentleman from commend the gentleman for offering it, I rise in support of the Owens amend- New York for yielding this time to me, and I support it. ment. The bill without the amendment and I rise in support of working Ameri- Mr. OWENS. Mr. Chairman, I yield would be a terrible blow to millions of myself the balance of my time. cans. Clearly I believe that working American workers who work overtime Americans trust us to do the right Mr. Chairman, the AFL–CIO says for compensation. there are no aspects of this bill that thing. The right thing is to support the What the Owens amendment is at are truly protective of employee rights. Owens amendment that ensures that least trying to do is to make it possible Vote against this employer-driven at- the legislation does not work to the for the low wage worker not to be put detriment of the most vulnerable. under this pressure of having to work tempt to rob employees of their pay I wonder if the witness who testified overtime for no compensation at all, and benefits in the name of family making under $20,000 realized that for that promise of time off sometime flexibility. workers can lose money because comp in the future. The employer could re- I have a number of union organiza- time is not credited for unemployment. quire the worker to work overtime 160 tions representing workers who say the The bill bars employers from terminat- hours with no promise as to when that workers do not want this revolutionary ing or reducing, fails to bar employees compensatory time would be afforded change in the Fair Labor Standards from terminating or reducing vacation the worker, not when they want to do Act. We can have a less revolutionary and sick leave, substituting them for something or they have to take care of change by adopting my amendment comp time. The bill fails to protect em- a family problem or they want to go off and giving the 20 percent of the work ployees who are most vulnerable to the on a vacation. force that has clamored for this, let overtime laws. There is absolutely nothing in H.R. 1 them have it, and at the same time we We can make this the kind of bill which gives the employee the choice, protect the people at the very bottom that supports working Americans by the free choice, or the decision to take who do not want to be deprived of their supporting the Owens bill that recog- this time when they need it. It is an right to have cash to put food on their nizes those who make under $20,000 a entirely employer based bill. Therefore tables, to buy clothing. They need the year should, yes, have the option of without the Owens amendment it money. They would like to have more taking comp time but not denying seems to me that, if we are concerned time with their families, but they need them the benefits that they so much about the workers earning a living, we the money most of all. need and giving them the flexibility have to support the Owens amendment. That is two-thirds of the work force that they can take the comp time that Mr. BALLENGER. Mr. Chairman, I out there making approximately $10 an they do need. only have one speaker left, and I re- hour or less. We can protect them. This Mr. Chairman, I think it is important serve the balance of my time. is a win-win situation. In the name of that we recognize that, if we do this, The CHAIRMAN. The gentleman bipartisan cooperation, let us go for- let us do it right. Let us utilize the from North Carolina has 2 minutes 15 ward. Let us not bully the people on truths the American people have given seconds remaining, the gentleman from the bottom. us. They do not read between the lines, New York has 2 minutes remaining. That is what we are doing here. We we do. Let us support the Owens bill The gentleman from North Carolina are taking our power and we are using and ensure it for the most vulnerable has the right to close. it as a hammer against the people on of those. Mr. BALLENGER. I have one speaker the bottom. Employers will take this Mr. BALLENGER. Mr. Chairman, I who will close. cash in large amounts and invest it. yield 2 minutes to the gentleman from Mr. OWENS. Mr. Chairman, as the They want cash. Why should they give Pennsylvania [Mr. GREENWOOD], a person offering the amendment, do I somebody cash when they can give member of the committee. not have the right to close? them comp time? March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1143 We can go forward in the name of bi- ber 1991 to June 1995, found that industries for the two-thirds of the work force making ap- partisan cooperation, break the logjam such as construction and apparel were cited proximately $10 an hour. They stand to suffer and move to show America that we for illegally denying overtime to 1 in every 50 the most under H.R. 1. Vote ``yes'' on this care about everybody, the people on workers during this period. Overall, nearly 8 amendment. the very bottom as well as those on the out of every 1,000 workers, or 695,280 em- Mr. Chairman, I yield back the bal- top. ployees, were covered by settlements, even ance of my time. Mr. Chairman, I rise in vehement opposition though enforcement was limited. Mr. BALLENGER. Mr. Chairman, I to this mutilation of the Fair Labor Standards If Congress is going to tamper with FLSA, at yield the balance of my time to the Act [FLSA]Ðthe Working Families Flexibility a minimum the two-thirds of the work force gentleman from Pennsylvania [Mr. ActÐH.R. 1. At a time when there is over- making nearly $10 an hour must not be for- GOODLING], the chairman of our com- whelming evidence to suggest that individuals saken. I urge my colleagues to support this mittee. are already being exploited, oppressed, and endeavor to exempt the most vulnerable work- Mr. GOODLING. Mr. Chairman, hoodwinked in the workplace, Congress is ers. again, I ask my colleagues, how de- considering a bill that would eviscerate the The opposition to H.R. 1 is fierce. The ad- meaning can we be in the Congress of protective armor of FLSA. As currently drafted, ministration, labor unions, and employee asso- the United States? As I indicated ear- the bill does nothing more than offer employ- ciations are not the least bit receptive to this lier in the debate, we somehow or other ers many opportunities and temptations for de- Republican notion of worker flexibility. believe that employees cannot make regulated exploitation. Simply put H.R. 1 is a In a letter to Congress, March 18, the Sheet decisions. Only we in the Congress of bad bill that misleads workers and the general Metal and Air Conditioning Contractor's Na- the United States can make decisions public into believing that they will be given a tional Association [SMACNA] and the Mechan- for them. That is demeaning. Any em- greater degree of choice. H.R. 1 is an affront ical Electrical Sheet Metal Alliance state the ployee can make a decision, any em- to the American worker; and the only way to following: ployee should make a decision. restore some preservation of employee rights Currently one of the most abused and vio- Now, this is even more demeaning. to this haphazardly drafted, antiworker bill is to lated federal employment laws by irrespon- This is even more demeaning, because protect that segment of the work force that sible employers, the FLSA would be even what we are now saying is that the would stand to suffer the most under this billÐ less of an effective federal employment pro- lower your income, the less likely you low-wage workers. My amendment would ac- tection if H.R. 1 is allowed to become law. will be able to make a decision. How complish just this. They insist that ``H.R. 1 invites greater FLSA demeaning can we really get? This amendment would exempt workers fraud, lowers employee pay/benefit contribu- I do not care whether they are mak- who earn less than 2.5 times the minimum tions and undermines employee work time dis- ing 10 cents an hour. They can make wage. This is equivalent to slightly more than cretion.'' every decision they want to make, be- $10 an hourÐor approximately $24,000 a year In a letter to Congress, March 18, the AFL± cause they have that opportunity to for a full-time worker. In effect, the amend- CIO emphatically states: make that decision. And in this legisla- ment would exclude the lowest paid and most There are no aspects of this bill that are tion, only, only the employee makes vulnerable Americans in the work force. Tying truly protective of employee rights. * * * the decision. If the employee, after the exemption to the minimum wage indexes Vote against this employer-driven attempt they make a decision, decides ‘‘I do not the exemption to future increases in the mini- to rob employees of their pay and benefits in like that decision,’’ the employee can the name of family flexibility. mum wage. Lower wage workers deserve and immediately say ‘‘I want to reject that need the protection of this amendment for two In a letter to Congress, March 13, the Union contract I made and I want to cash very fundamental reasons: They are more like- of Needletrades, Industrial and Textile Em- out,’’ and the employer has to cash out. ly to need the cash for overtime worked in- ployees [UNITE] explains that: Please, please, give our employees stead of compensatory time and they are The bill will encourage greater use of man- much more benefit of the doubt than more likely to be subjected to abuse by their datory overtime—because instead of having you are giving them. I have wonderful employers as a result of this legislation. They to pay a premium for overtime when it is friends in every business and industry worked, companies can stall payment and should not be covered by H.R. 1. there is at every level and every one hope workers forget they have money com- are very, very capable to make all of First, families struggling to make ends meet ing to them. cannot pay the bills and buy food and other their decisions without any help from necessities with comptime. I challenge my col- In a letter to Congress, March 3, the Inter- the U.S. Government. leagues to deny that most workers, earning national Brotherhood of Teamsters argues Ms. JACKSON-LEE of Texas. Mr. Chair- approximately $10 an hour, need all the that: man, I rise in strong support of Congressman money they can earn more than they need The FLSA established the 40-hour work OWENS' amendment to H.R. 1. week, the benchmark schedule working men Congressman OWENS' amendment would time off. Public opinion polls show that families and women use to maintain time for their with two wage earners and comfortable in- families and normalcy in their lives * * * exclude people who make 2.5 times the mini- comes are in favor of more compensatory hours worked in excess of 40 must be paid at mum wage, which is $11.88 an hour or less, time. At the same time, the available evidence a premium rate. * * * The overtime premium from any change in the overtime pay rules. also shows that workers earning less than $10 requirement also provides an incentive for On behalf of the 125,000 households in the an hour, or its equivalent, prefer and need businesses to create additional jobs to the city of Houston with incomes of less than or more take-home pay. In the real world, em- extent more work exists than can be accom- equal to $25,000, I am supporting this amend- ployers would naturally reward those employ- plished within the normal work week. that ment to this compensatory time legislation. helps reduce unemployment. ees who accept comptime over cash by giving Any offers of what some would describe as them more overtime. It is painfully clear: The In a letter to Congress, February 4, the voluntary compensatory time for workers employee who demands to be paid in cash International Union, United Automobile, Aero- should include protections which ensure that it will face repercussions. He or she will not be space and Agricultural Implement Workers of is indeed voluntary. asked to work overtime. America [UAW] states: In fiscal year 1996, the same year this body Second, lower wage workers are likely to be It [H.R. 1] would enable employers to avoid passed the first increase in the minimum wage abused more than higher wage workers. Most paying overtime, thereby reducing the in- in nearly a decade, the Department of Labor employers do not intentionally violate the law; come and living standard of working fami- had 13,687 compliance actions of disclosed however, reports suggest that too many do. lies. overtime violations. These represented nearly In fiscal year 1996, the Department of Labor H.R. 1 does nothing more than permit an 50 percent of those in which Fair Labor Stand- found overtime violations involving 170,000 employee to make an unsecured loan to his or ards Act minimum wage overtime monetary workers. Low-wage workers are the most her employer. The poorest workers should be violations were found. The Wage and Hour Di- common victims of this abuse. saved from the privilege of having to loan their vision found just over $100 million in back The Employer Policy Foundation, an em- hardearned money to their employers. The ex- wages due to overtime violations owing to ployer-supported think tank in Washington, re- emption for workers who make less than 2.5 nearly 170,000 workers. vealed that workers lose approximately $19 times the minimum wage must be accepted. Unfortunately, all too often when the debate billion in overtime pay each year. Today, we are here to turn back the clock on on the floor of this body shifts, it cuts harshest A Wall Street Journal analysis of 74,514 worker protections in this country. At the very into the American worker's ability to earn a cases brought by the Department from Octo- least, I challenge my colleagues to stand up liveable wage, against his or her right to a H1144 CONGRESSIONAL RECORD — HOUSE March 19, 1997 safe work environment, or into the necessity of Kilpatrick Millender- Schumer Sessions Solomon Tiahrt Kleczka McDonald Scott Shadegg Souder Upton receiving just compensation for the work that Klink Miller (CA) Serrano Shaw Spence Walsh they perform. Kucinich Minge Sherman Shays Stearns Wamp If we as Representatives of working Ameri- Lampson Mink Skaggs Shimkus Stenholm Watkins cans are going to talk about how best to help Lantos Moakley Skelton Shuster Strickland Watts (OK) Moran (VA) Slaughter Sisisky Sununu Weldon (FL) the working families of this country, we must Largent Lazio Murtha Snyder Skeen Talent Weldon (PA) make it our first priority to insure that they re- Levin Nadler Stabenow Smith (MI) Tanner Weller ceive fair compensation for their work. H.R. 1 Lewis (GA) Neal Stark Smith (NJ) Tauzin White Lipinski Obey Stokes Smith (OR) Taylor (MS) Whitfield as it is currently written will not insure that Stupak Smith (TX) Taylor (NC) Wicker Lofgren Olver workers who depend on overtime pay receive Tauscher Smith, Adam Thomas Wolf Lowey Ortiz Owens Thompson Smith, Linda Thornberry Young (AK) it if they do not wish to receive compensatory Luther Pallone Thurman Snowbarger Thune Young (FL) time. Maloney (CT) Pascrell Tierney Maloney (NY) Those Wage and Hour violations involved a Pastor Torres NOT VOTING—13 Manton little more than one-half of 1 percent of all 6.5 Payne Towns Clement Kaptur Price (NC) Markey million employers in the United States. For the Pelosi Traficant Dingell Kasich Spratt Martinez Peterson (MN) Turner English LaFalce Stump sake of the 170,000 known workers who were Mascara Pomeroy Velazquez Gephardt Matsui affected by criminal overtime policies, we McCarthy (MO) Poshard Vento Gilchrest Oberstar should not act without providing insurance that McCarthy (NY) Rahall Visclosky McDade b they will not fall victim again due to anything Reyes Waters 1534 McDermott Rivers Watt (NC) we might accomplish today. McGovern Rothman Waxman Mr. SOLOMON changed his vote from We should keep in mind the need to insure McHale Roybal-Allard Wexler ‘‘aye’’ to ‘‘no.’’ that employers are barred from denying a re- McKinney Rush Weygand Mr. VENTO changed his vote from McNulty Sabo Wise ‘‘no’’ to ‘‘aye.’’ quest for reasonable time off, that workers do Meehan Sanchez Woolsey not lose money because compensatory time is Meek Sanders Wynn So the amendment was rejected. not credited for unemployment, pension, or so- Menendez Sandlin Yates The result of the vote was announced cial security. We must have absolute certainty Metcalf Sawyer as above recorded. that the most vulnerable to overtime viola- NOES—237 PERSONAL EXPLANATION tionsÐtemporary, seasonal, part-time, and Aderholt Emerson Linder Mr. GILCREST. Mr. Chairman, on rollcall construction workersÐare protected. Archer Ensign Livingston No. 57, I was unavoidably detained. Had I According to the Employer Policy Founda- Armey Everett LoBiondo been present, I would have voted ``no.'' tion, an employer-supported think tank in Baker Ewing Lucas The CHAIRMAN. The Committee will Ballenger Fawell Manzullo Washington, workers lose approximately $19 Barr Foley McCollum rise informally to receive a message. billion in overtime each year. Barrett (NE) Forbes McCrery The SPEAKER pro tempore (Mr. I want to thank and commend the commit- Bartlett Fowler McHugh LAHOOD) assumed the chair. ment of my colleague from New York on the Barton Fox McInnis Bass Franks (NJ) McIntosh The SPEAKER pro tempore. The issue of fair and equal treatment for all of our Bateman Frelinghuysen McIntyre Chair will receive a message. Nation's workers. Bentsen Gallegly McKeon f Mr. GOODLING. Mr. Chairman, I Bereuter Ganske Mica Bilbray Gekas Miller (FL) MESSAGE FROM THE PRESIDENT yield back the balance of my time. Bilirakis Gibbons Molinari The CHAIRMAN. The question is on Bliley Gillmor Mollohan A message in writing from the Presi- the amendment offered by the gen- Blunt Gilman Moran (KS) dent of the United States was commu- tleman from New York [Mr. OWENS]. Boehlert Goode Morella Boehner Goodlatte Myrick nicated to the House by Mr. Sherman The question was taken; and the Bonilla Goodling Nethercutt Williams, one of his secretaries. Chairman announced that the ayes ap- Bono Gordon Neumann The SPEAKER pro tempore. The peared to have it. Boyd Goss Ney Committee will resume its sitting. Brady Graham Northup RECORDED VOTE Bryant Granger Norwood f Mr. OWENS. Mr. Chairman, I demand Bunning Greenwood Nussle WORKING FAMILIES FLEXIBILITY a recorded vote. Burr Gutknecht Oxley Burton Hall (TX) Packard ACT OF 1997 A recorded vote was ordered. Buyer Hansen Pappas The vote was taken by electronic de- Callahan Harman Parker The Committee resumed its sitting. vice, and there were—ayes 182, noes 237, Calvert Hastert Paul The CHAIRMAN. It is now in order to Camp Hastings (WA) Paxon consider amendment No. 5 printed in not voting 13, as follows: Campbell Hayworth Pease [Roll No. 57] Canady Hefley Peterson (PA) House Report 105–31. Cannon Herger Petri AYES—182 AMENDMENT IN THE NATURE OF A SUBSTITUTE Cardin Hill Pickering OFFERED BY MR. MILLER OF CALIFORNIA Abercrombie Coyne Frost Castle Hilleary Pickett Ackerman Cramer Furse Chabot Hobson Pitts Mr. MILLER of California. Mr. Chair- Allen Cummings Gejdenson Chambliss Hoekstra Pombo man, I offer an amendment in the na- Andrews Danner Gonzalez Chenoweth Hostettler Porter ture of a substitute. Bachus Davis (FL) Green Christensen Houghton Portman Baesler Davis (IL) Gutierrez Coble Hulshof Pryce (OH) The CHAIRMAN. The Clerk will des- Baldacci DeFazio Hall (OH) Coburn Hunter Quinn ignate the amendment in the nature of Barcia DeGette Hamilton Collins Hutchinson Radanovich a substitute. Barrett (WI) Delahunt Hastings (FL) Combest Hyde Ramstad The text of the amendment in the na- Becerra DeLauro Hefner Condit Inglis Rangel Berman Dellums Hilliard Cook Istook Regula ture of a substitute is as follows: Berry Deutsch Hinchey Cooksey Jenkins Riggs Amendment in the nature of a substitute Bishop Dicks Hinojosa Cox Johnson (CT) Riley offered by Mr. MILLER of California: Blagojevich Dixon Holden Crane Johnson, Sam Roemer Strike all after the enacting clause and in- Blumenauer Doggett Hooley Crapo Jones Rogan Bonior Doyle Horn Cubin Kelly Rogers sert the following: Borski Edwards Hoyer Cunningham Kim Rohrabacher Boswell Engel Jackson (IL) Davis (VA) Kind (WI) Ros-Lehtinen SECTION 1. SHORT TITLE. Boucher Eshoo Jackson-Lee Deal King (NY) Roukema Brown (CA) Etheridge (TX) DeLay Kingston Royce This Act may be cited as the ‘‘Paycheck Brown (FL) Evans Jefferson Diaz-Balart Klug Ryun Protection and Family Flexibility Act of Brown (OH) Farr John Dickey Knollenberg Salmon 1997’’. Capps Fattah Johnson (WI) Dooley Kolbe Sanford SEC. 2. IN GENERAL. Carson Fazio Johnson, E. B. Doolittle LaHood Saxton Section 7 of the Fair Labor Standards Act Clay Filner Kanjorski Dreier Latham Scarborough Clayton Flake Kennedy (MA) Duncan LaTourette Schaefer, Dan of 1938 (29 U.S.C. 207) is amended to add at Clyburn Foglietta Kennedy (RI) Dunn Leach Schaffer, Bob the end the following: Conyers Ford Kennelly Ehlers Lewis (CA) Schiff ‘‘(r)(1) An employee may receive, in ac- Costello Frank (MA) Kildee Ehrlich Lewis (KY) Sensenbrenner cordance with this subsection and in lieu of March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1145 monetary overtime compensation, compen- of such 12-month period. An employee may action brought pursuant to section 16(b) or satory time off at a rate not less than 11⁄2 voluntarily, at the employee’s own initia- 16(c), in the amount of overtime compensa- hours for each hour of employment for which tive, request in writing that such end-of-year tion that would have been paid for the over- overtime is required by subsection (a). payment of monetary compensation for time hours worked or overtime hours that ‘‘(2) An employer may provide compen- earned compensatory time be delayed for a would have been worked, plus such other satory time to an eligible employee under period not to exceed 3 months. This subpara- legal or equitable relief as may be appro- paragraph (1) only— graph shall have no effect on the limit on priate to effectuate the purpose of this sec- ‘‘(A) pursuant to— earned compensatory time set forth in sub- tion, as well as an additional equal amount ‘‘(i) applicable provisions of a collective paragraph (A) or in regulations issued by the as liquidated damages, costs, and, in the case bargaining agreement between the employer Secretary pursuant to paragraph (13). of an action filed under section 16(b), reason- and the labor organization which has been ‘‘(5) An employee who has earned compen- able attorney’s fees. Where an employee has certified or recognized as the representative satory time authorized to be provided under used compensatory time off or received mon- of the employees under applicable law, or paragraph (1) shall, upon the voluntary or in- etary compensation for earned compensatory ‘‘(ii) in the case of employees who are not voluntary termination of employment or time for such overtime hours worked, the represented by a collective bargaining agent upon expiration of this subsection, be paid amount of such time used or monetary com- or other representative designated by the for unused compensatory time at a rate of pensation paid to the employee shall be off- employee, a plan adopted by the employer compensation not less than the regular rate set against the employer’s liability under and provided in writing to the employer’s earned by the employee at the time the em- this paragraph. employees which provides employees with a ployee performed the overtime work or the ‘‘(12) For the purpose of protecting over- voluntary, informed option to receive com- employee’s regular rate at the time such time compensation wages of employees, the pensatory time off for overtime work where monetary compensation is paid, whichever is Secretary may by regulation require em- there is an express, voluntary written re- higher. ployers who provide compensatory time to ‘‘(6) An employee shall be permitted to use, quest by an individual employee for compen- their employees under this subsection to se- at the time the employee has requested, any cure a payment bond with a surety satisfac- satory time off in lieu of overtime pay pro- compensatory time earned pursuant to para- vided to the employer prior to the perform- tory for protection of the overtime com- graph (1)— pensation of such employees. ance of any overtime assignment; ‘‘(A) for any reason which would qualify ‘‘(B) if the employee has not earned com- ‘‘(13) (A) The Secretary may issue regula- for leave under section 102(a) of the Family tions as necessary and appropriate to imple- pensatory time in excess of the applicable and Medical Leave Act (29 U.S.C. 2612(a)) or limit prescribed by paragraph (4)(A) or in ment this subsection including regulations any comparable State law; or implementing recordkeeping requirements regulations issued by the Secretary pursuant ‘‘(B) for any other purpose— to paragraph (13); and prescribing the content of plans and em- ‘‘(i) upon notice to the employer at least 2 ployee notification. ‘‘(C) if the employee is not required as a weeks prior to the date on which the time off condition of employment to accept or re- ‘‘(B) The Secretary may issue regulations is to be used, unless use of the compensatory regarding classes of employees, including all quest compensatory time; time at that time will cause substantial and ‘‘(D) if the agreement or plan complies employees in particular occupations or in- grievous injury to the employer’s operations; dustries, to— with the requirements of this subsection and or the regulations issued by the Secretary ‘‘(i) exempt such employees from the provi- ‘‘(ii) upon notice to the employer within sions of this subsection, under paragraph (13), including the availabil- the 2 weeks prior to the date on which the ity of compensatory time to similarly situ- ‘‘(ii) limit the number of compensatory time off is to be used unless use of the com- hours that such employees may earn to less ated employees on an equal basis; and pensatory time at that time will unduly dis- ‘‘(E) if, for purposes of a plan established than the number provided in paragraph rupt the operations of the employer. (4)(A), or under subparagraph (A)(ii), the employer, in ‘‘(7) An employee shall not be required by providing compensatory time, does not mod- ‘‘(iii) require employers to provide such the employer to use any compensatory time employees with monetary compensation for ify a leave policy so as to reduce any paid or earned pursuant to paragraph (1). unpaid leave or does not reduce any other earned compensatory time at more frequent ‘‘(8) Except where there is a collective bar- intervals than specified in paragraph (4)(C), type of benefit or compensation an employee gaining agreement, an employer may modify would otherwise be entitled to receive. or terminate a compensatory time plan upon where the Secretary has determined that ‘‘(3) An employee may, at any time, with- not less than 60 days notice to employees. such regulations are necessary or appro- draw a request for compensatory time made When a plan is terminated, an employer may priate to protect vulnerable employees, that under a plan under paragraph (2)(A)(ii). not, except as provided in paragraph (4)(C), a pattern of violations of the Act may exist, ‘‘(4)(A) An employee may earn not more require that an employee who has earned or that such regulations are necessary or ap- than a total of 80 hours of compensatory compensatory time receive monetary com- propriate to assure that employees receive time in any year or alternative 12-month pe- pensation in lieu of such time. the compensation due them. riod designated pursuant to subparagraph ‘‘(9) An employer may not pay monetary ‘‘(C) The Secretary shall issue regula- (C). The employer shall regularly report to compensation in lieu of earned compen- tions— the employee on the number of compen- satory time except as expressly prescribed in ‘‘(i) which bar employers with a pattern or satory hours earned by the employee and the this subsection. Any payment owed to an practice of violations of this Act from offer- total amount of the employee’s earned-and- employee under this subsection for unused ing compensatory time under this sub- unused compensatory time, in accordance compensatory time shall be considered un- section; with regulations issued by the Secretary. paid overtime compensation. ‘‘(ii) prescribing the content of plans de- ‘‘(B) Upon the request of an employee who ‘‘(10) It shall be an unlawful act of dis- scribed in paragraph (2)(A)(ii) and employee has earned compensatory time, the employer crimination, within the meaning of section notification, including the provision of infor- shall on the payday of the pay period during 15(a)(3), for an employer— mation regarding who is eligible for compen- which the request is received provide mone- ‘‘(A) to discharge or in any other manner satory time and under what circumstances it tary compensation for any such compen- penalize, discriminate against, or otherwise may be earned and used and information re- satory time at a rate not less than the regu- interfere with any employee— garding the impact, if any, that choosing lar rate earned by the employee at the time ‘‘(i) because such employee may refuse or compensatory time may have on the eligi- the employee performed the overtime work has refused to request or accept compen- bility, accrual, and receipt of other com- or the employee’s regular rate at the time satory time off in lieu of overtime pay, or pensation and benefits; and such monetary compensation is paid, which- ‘‘(ii) because such employee may request ‘‘(iii) requiring employers to keep records ever is higher. to use or has used compensatory time off in in accordance with section 11(c) of compen- ‘‘(C) Not later than January 31 of each cal- lieu of overtime pay; satory time earned and overtime worked. endar year, each employer shall provide ‘‘(B) to request, directly or indirectly, that ‘‘(14) When an employee uses earned com- monetary compensation to each employee an employee accept compensatory time off pensatory time off, the employee shall be for any compensatory time earned during in lieu of overtime pay, to require an em- paid for the time off at the employee’s regu- the preceding calendar year for which the ployee to request or to refuse to request such lar rate at the time the employee performed employee has not already received monetary compensatory time as a condition of employ- the overtime work or at the employee’s regu- compensation (either through paid time off ment or as a condition of employment rights lar rate when the time off is taken, which- or cash payment) at a rate not less than the or benefits or to qualify the availability of ever is higher. regular rate earned by the employee at the work for which overtime compensation is re- ‘‘(15) For purposes of this subsection— time the employee performed the overtime quired upon an employee’s request for or ac- ‘‘(A) the terms ‘compensatory time’ and work or the employee’s regular rate at the ceptance of compensatory time off in lieu of ‘compensatory time off’ mean hours during time such monetary compensation is paid, overtime compensation; or which an employee is not working and for whichever is higher. An agreement or plan ‘‘(C) to deny an employee the right to use which the employee is compensated at the under paragraph (2) may designate a 12- or force an employee to use earned compen- employee’s regular rate in accordance with month period other than the calendar year, satory time in violation of this subsection. this subsection; in which case such compensation shall be ‘‘(11) An employer who violates any provi- ‘‘(B) the term ‘elderly relative’ means an provided not later than 31 days after the end sion of this subsection shall be liable, in an individual of at least 60 years of age who is H1146 CONGRESSIONAL RECORD — HOUSE March 19, 1997 related by blood or marriage to the em- ‘‘(2) Nothing in this subsection shall be read as follows’’ and inserting in lieu thereof ployee, including a parent; construed to allow employers to provide ‘‘by adding after the first sentence the fol- ‘‘(C) the term ‘employee’ does not in- compensatory time plans to classes of em- lowing’’. clude— ployees who are exempted from subsection The CHAIRMAN. Is there objection ‘‘(i) a part-time, temporary, or seasonal 7(r), to allow employers to provide more to the request of the gentleman from employee; compensatory time than allowed under sub- ‘‘(ii) an employee of a public agency; section 7(r), or to supersede any limitations California? ‘‘(iii) an employee in the garment industry; placed by subsection 7(r), including exemp- Mr. GOODLING. Reserving the right ‘‘(iv) an employee who is not entitled to tions and limitations in regulations issued to object, Mr. Chairman, I just want to take not less than 24 hours of leave during by the Secretary thereunder.’’. make sure I am correct in assuming any 12-month period to participate in school SEC. 5. COMMISSION ON WORKPLACE FLEXIBIL- this is not the 40-hour work week. activities directly related to the educational ITY. Mr. MILLER of California. Mr. Chair- advancement of a son or daughter of the em- (a) ESTABLISHMENT.—There is established a man, will the gentleman yield? ployee, accompany such son or daughter to Commission on Workplace Flexibility (here- Mr. GOODLING. I yield to the gen- routine medical or dental appointments, and after in this section referred to as the ‘‘Com- tleman from California. accompany an elderly relative of the em- mission’’). The members of the Commission ployee to routine medical or dental appoint- shall be selected in accordance with the pro- Mr. MILLER of California. Mr. Chair- ments or appointments for other professional cedures set forth in section 303 of the Family man, my understanding is that that is services related to such elder’s care; or and Medical Leave Act of 1993 (29 U.S.C. 2633) not made in order by the Committee on ‘‘(v) an employee exempted by the Sec- and the compensation and powers of the Rules, and this is the one the gen- retary under paragraph (13)(B); Commission shall be as prescribed in sec- tleman has agreed to. ‘‘(D) the term ‘overtime compensation’ tions 304 and 305 of that Act (29 U.S.C. 2634, Mr. GOODLING. Mr. Chairman, I shall have the meaning given such term by 2635). subsection (o)(7); withdraw my reservation of objection. (b) DUTIES.—The Commission shall conduct The CHAIRMAN. Is there objection (E) the terms ‘compensatory time’ and a comprehensive study of the impact of com- ‘compensatory time off’ mean hours during pensatory time on private sector employees, to the modification offered by the gen- which an employee is not working and for including the impact of the law on average tleman from California [Mr. MILLER]? which the employee is compensated at the earnings, hours of work, work schedules, There was no objection. employee’s regular rate in accordance with flexibility of scheduling work to accommo- The CHAIRMAN. Pursuant to House this section; date family needs, and the ability of vulner- Resolution 99, the gentleman from ‘‘(F) the term ‘part-time, temporary, or able employees or other employees to obtain seasonal employee’ means— California [Mr. MILLER] and a Member the compensation to which they are entitled, opposed will each control 30 minutes. ‘‘(i) an employee whose regular workweek and shall make a comparison of the compen- for the employer is less than 35 hours per Who rises in opposition to the satory time offered to public and private em- amendment? week; ployees. A report concerning the findings of ‘‘(ii) an employee who is employed by the the study shall be submitted to the appro- Does the gentleman from Pennsylva- employer for a season or other term of less priate committees of Congress and to the nia [Mr. GOODLING] wish to claim time than 12 months or is otherwise treated by Secretary of Labor not later than 1 year be- in opposition? the employer as not a permanent employee fore the expiration of this title. The report Mr. GOODLING. Mr. Chairman, I rise of the employer; or shall include recommendations as to whether in opposition. ‘‘(iii) an employee in the construction in- the compensatory time provisions of section The CHAIRMAN. The gentleman dustry, in agricultural employment (as de- 7(r) of the Fair Labor Standards Act of 1938 fined by section 3(3) of the Migrant and Sea- from Pennsylvania [Mr. GOODLING] will should be modified or extended, including a control the time in opposition. sonal Agricultural Worker Protection Act (29 recommendation as to whether particular U.S.C. 1802(3)), or in any other industry classes of employees or industries should be PARLIAMENTARY INQUIRY which the Secretary by regulation has deter- exempted or otherwise given special treat- Mr. LAFALCE. Mr. Chairman, I be- mined is a seasonal industry; and ment and whether additional protections lieve there may have been an error in ‘‘(G) the term ‘overtime assignment’ should be given. The Commission shall have the timing on the last vote. There are means an assignment of hours for which no obligation to conduct a study and issue a a number of us, at least a half-a-dozen overtime compensation is required under report pursuant to this section if funds are subsection (a); and or more, who, when we got on the sub- not authorized and appropriated for that way, saw a clock that indicated ap- ‘‘(H) the term ‘school’ means an elemen- purpose. tary or secondary school (as such terms are proximately 1 minute-plus seconds left SEC. 6. EFFECTIVE DATE; SUNSET. defined in section 14101 of the Elementary to vote. Had there been the ordinary 17 (a) EFFECTIVE DATE.—This Act and the and Secondary Education Act of 1965 (20 amendments made by this Act shall take ef- minutes, it is our collective judgment U.S.C. 8801)), a Head Start program assisted fect 6 months after the date of the enact- that there would have been ample time under the Head Start Act (42 U.S.C. 9831 et ment of this Act. to vote. seq.), and a child care facility licensed under (b) SUNSET.—The provisions of this Act State law.’’. Perhaps there is some incongruity shall expire 4 years after date of the enact- between the clock downstairs and the SEC. 3. CIVIL MONEY PENALTIES. ment of this Act. The second sentence of section 16(e) of the clock here. But if there is any way to Fair Labor Standards Act of 1938 (29 U.S.C. MODIFICATION TO AMENDMENT IN THE NATURE reopen that vote, it would be the desire 216(e)) is amended to read as follows: ‘‘Any OF A SUBSTITUTE OFFERED BY MR. MILLER OF of at least a half-a-dozen-plus Members person who violates section 7(r) of this Act CALIFORNIA that that be done; 14 Members. shall be subject to a civil penalty not to ex- Mr. MILLER of California. Mr. Chair- The CHAIRMAN. The Chair could not ceed $1,000 for each such violation.’’. man, I ask unanimous consent that my entertain that suggestion. The Chair SEC. 4. CONSTRUCTION. amendment may be modified by the would simply state that the final 2 Section 18 of the Fair Labor Standards Act form that I have placed it in at the of 1938 (29 U.S.C. 218) is amended by designat- minutes following the elapse of the desk. clock are determined by the stopwatch. ing existing section 18 as subsection (a) and The CHAIRMAN. The Clerk will re- by adding a new subsection (b) to read as fol- The stopwatch had gone an additional 2 port the modification. lows: minutes. ‘‘(b)(1) No provision of section 7(r) or of The CLERK read as follows: Mr. LAFALCE. I thank the Chair. any order thereunder shall be construed to— Modification to the amendment in the na- The CHAIRMAN. The Chair recog- ‘‘(A) supersede any provision of any State ture of a substitute offered by Mr. MILLER of or local law that provides greater protection California: nizes the gentleman from California to employees who are provided compensatory Amendment No. 5 offered by Mr. Miller of [Mr. MILLER]. time off in lieu of paid overtime compensa- California modified by (1) strike in the mat- Mr. MILLER of California. Mr. Chair- tion; ter to be inserted by Section 2, ‘‘(E) The man, I yield myself 4 minutes. ‘‘(B) diminish the obligation of an em- terms ‘compensatory time’ and ‘compen- Mr. Chairman, we offer this sub- ployer to comply with any collective bar- satory time off’ mean hours during which an stitute, many of my colleagues on the gaining agreement or any employment bene- employee is not working and for which the Committee on Education and the fit program or plan that provides greater employee is compensated at the employee’s Workforce, we offer this substitute be- protection to employees provided compen- regular rate in accordance with this sec- satory time off in lieu of paid overtime; or tion;’’ and redesignate thereafter accord- cause we do not believe that the legis- ‘‘(C) discourage employers from adopting ingly; and (2) in section 3 by striking ‘‘The lation before us meets the test of flexi- or retaining compensatory time plans that second sentence of section’’ and inserting in bility, that it meets the test of vol- provide more protection to employees. lieu thereof, ‘‘Section’’; and by striking ‘‘to untary, and that it meets the test of March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1147 the right of the worker to choose when H.R. 1, fails in each and every one of that their employer might require and how to use the comptime should these categories to protect the vol- them to bank overtime hours and then they decide to opt into that system. We untary nature of the decision, to pro- use the hours at a specified time by the believe that the legislation before us tect the choice, to protect the flexibil- company, particularly during the 2- denies that voluntary choice, allows ity and, most importantly, to protect week period of time each year when the the employer to have too much say, the wages and the benefits and, even plant shuts down for model change- and we believe that it also denies the down the road, the level of your Social over. worker the right to say when they Security payments for those people My understanding is that under H.R. want to use that time. who work. If they spend a career in 1 the use of comp time is voluntary and This is a disagreement between the comp time, they will lose a substantial that by ‘‘voluntary’’ means that the two sides. It has been a disagreement portion of their remuneration of Social employer, whether an automobile man- we have had from the time this bill was Security payments down the road. ufacturer or some other type of com- heard in committee. So this is not just a delightful little pany, would not be able to require that We also offer this substitute for a decision that you make willy-nilly. comp time, if chosen by the employee, very important reason for workers of This has consequences for those fami- be taken at a set period such as model this country. It is constantly suggested lies. That is why the President drafted changeover; is that correct? that somehow the choice of comptime his comp bill in the manner in which Mr. BALLENGER. The gentleman is is a wonderful thing and it is free, you he did, because this is a decision that correct. Whether the agreement to ac- just decide you want to work overtime must be weighed and workers must be cept comp time is negotiated by the and instead of getting overtime pay fully informed. union or by the individual employee, you take comptime. The supporters of H.R. 1 like to sug- the use of comp time belongs to the Let me explain to the Members that gest that just the standard of ‘‘take it employee who earned it. Neither the this has serious ramifications for work- or do not take it’’ is enough. It is not employer nor the union may require an ers. The loss of the premium time, the enough for the hard-working American employee to use comp time at a certain loss of the premium time comes out of families of this country. time. your work year sometime later. When Mr. GOODLING. Mr. Chairman, I Mr. NEUMANN. Mr. Chairman, I you take your comptime, you would be yield 2 minutes and 30 seconds to the thank the gentleman for clarifying taking it in a work week that you gentleman from Wisconsin [Mr. NEU- these important points to me. would otherwise be working. You will MANN]. Mr. MILLER of California. Mr. Chair- get reimbursed when you take your Mr. NEUMANN. Mr. Chairman, I man, I yield such time as he may comptime at the regular rate, but if would like to ask the chairman of the consume to the gentleman from Min- you had freely chosen to have overtime subcommittee and the sponsor of the nesota [Mr. VENTO]. you would have had the overtime you bill on behalf of the folks I represent, (Mr. VENTO asked and was given worked and the week that you could particularly union members whom I permission to revise and extend his re- keep working if you did not have have heard from, is my understanding marks.) comptime. correct that nothing under H.R. 1 Mr. VENTO. Mr. Chairman, I rise in What does that mean? That means support of the Miller substitute. that there is a potential for somebody would change the 40-hour workweek? Mr. BALLENGER. Mr. Chairman, Mr. Chairman, I rise today in support of the earning $10 an hour, 140 hours over- Miller substitute and in opposition to this bill time, according to CRS, up to maybe will the gentleman yield? Mr. NEUMANN. I yield to the gen- before us which weakens the Fair Labor $2,500, $2,700 a year. At $10 an hour that tleman from North Carolina. Standards Act. The Miller substitute includes is a lot of wages in terms of family in- Mr. BALLENGER. Mr. Chairman, the the needed safeguards without the penalties come. It has an impact on unemploy- gentleman is correct. I thank him for and disadvantages that are inherent in the ment, because if the premium time is emphasizing this point. basic measure before the House today. not counted in, if you lose that pre- Mr. NEUMANN. So I am correct, For over 50 years, the 40-hour workweek mium time, you lose the unemploy- then, that at any time worked, even 1 has insured fair treatment and pay for working ment benefits. In California it could be $1,800 in un- hour worked over the standard 40 men and women. There is no need to change employment benefits over 26 weeks. hours, would entitle the employee to this law todayÐthe impact may well undercut time and one-half pay? Am I correct workers' rights and benefits. No matter how b 1545 that this is the case under current law you package these changes, the bottom line is So let us understand this: This is a and would be the case in the future that workers are at greater risk of being short- decision that an employee must make under this legislation H.R. 1? changed and pushed to a work schedule in very carefully. This is a decision that Mr. BALLENGER. Mr. Chairman, if line with the employers' interests, not their the employee must make in a very vol- the gentleman will continue to yield, own needs. untary fashion. And if in fact the em- the gentleman is correct. If this House really were seeking to em- ployee does that, then the employee Mr. NEUMANN. Further, Mr. Chair- power workers, they would place limits on the who has earned those hours off, this is man, would the gentleman confirm my mandated overtime policy that frustrate family not a gift, this is earned by them work- understanding that under H.R. 1, em- and personal life today. ing long days of overtime, the em- ployers could not force the individual Court decisions have provided the employer ployee should be free to choose when employee or union which represents with the power to mandate employees to work and how. the employee to accept comp time as overtime beyond their defined 8 hours. This They keep comparing it to family opposed to cash overtime as a condi- measure would weaken the concept of pre- medical leave. It is one thing to go in tion of employment? mium pay for that mandated work and buy to your employer and say, I have a sick In other words, if the employee workers off on the cheap. In fact, this bill child, a sick parent. We are giving works overtime, is it correct that the would encourage more overtime employer birth to a baby in our family. I need employer must pay cash overtime mandates at a tremendous inconvenience to time off. It is another thing to go in to wages if that is what the employee or the employee. your employer and say, I have a chance the employee through his labor union I find it ironic that after all the speeches I to spend 3 additional days with my chooses, instead of requiring the em- have heard from the Republican majority kids at the lake. The employer looks at ployee to take time off through comp about working together and cooperation with his schedule and starts weighing those time? the President since the last election, that one two competing choices. But you earned Mr. BALLENGER. Mr. Chairman, the of the first serious pieces of legislation to this time. You earned this time. You gentleman is correct. reach the floor of this Congress is an initiative worked late nights. You worked Satur- Mr. NEUMANN. Mr. Chairman, some to strip away the longstanding and hard-fought days and Sundays. Truly, you have got union members from my hometown in rights of working men and women in this to have that choice. Janesville, WI, particularly those that country which is opposed by the President. That is why this substitute is being work in an automobile manufacturing The bill before us today is a direct assault on offered, because the underlying bill, plant, have expressed concern to me the Fair Labor Standards Act and seriously H1148 CONGRESSIONAL RECORD — HOUSE March 19, 1997 erodes the traditional 40-hour workweek in an a sick parent could use comptime when to be able to attend your daughter’s unbalanced mannerÐrejecting reasonable he needs it, not when it is OK with the swim meet or your son’s soccer game safeguards. boss. A mother who needs a week off because you have to work. With this H.R. 1, the Working Families Flexibility Act, during school vacation can count on bill, an employer could give a mother would allow employers to grant compensatory using her bank comptime and not be or father the opportunity to bank time to workers instead of overtime pay as subject to the last-minute whim of her comptime. When a child got sick or had long as there is a so-called voluntary mutual employer. a recital or had to go to the dentist, agreement or understanding. Although this The substitute safeguards employee she can take time from that bank and may seem like a reasonable concept on the wages and paid leave. It protects vul- spend that time with her family. If she surface, but making a careful review and a re- nerable employees such as part-time, would rather receive overtime pay, she alistic look at this legislation's predicate points temporary, and seasonal employees has that option. If she decides to cash to the harm to workers. Apparently, my col- who have very little leverage in object- in those hours, her employer would leagues, in support of this measure, intend to ing to unreasonable management de- have to pay her within 30 days. rely on the good nature of employers and as- mands. This is not a new idea. The public sume an equal authority between employer It protects the comptime of employ- sector employees have had this oppor- and employee since this bill glosses over the ees by reducing the maximum banked tunity for years, and we need to give it facts and absurdly offers little to protect work- hours to 80. And it allows the Secretary to the private sector employees. ers from obvious pressure and abuse that of Labor to require that employers ob- I understand there are some workers could, and would, occur if this measure is im- tain a surety bond so that employee that are afraid this will end overtime plemented. It makes me wonder if the advo- wages are insured against an employer pay. This simply is not the case. When cates are connected to the real world of work. who skips town or goes bankrupt. I explain to constituents what this bill The bill before us today is so wholly inad- The Miller substitute also insures means, they endorse it wholeheartedly. equate that the bottom line is that it comes that no employer can offer comptime It is too bad that some Members, for down as antiworker legislation. The bill does unless it also offers at least 24 hours of political gain, have once again at- little to stop employers from forcing their work- leave for employees to participate in tempted to mislead hard-working ers to accept comptime instead of payÐits their children’s school activities or to Americans using scare tactics and in- anticoercing provision is weak and unenforce- help an elderly parent with routine accurate information. I believe the able; it does nothing to stop employers from medical appointments. public is too smart for this. They sup- offering overtime work hours only to workers Finally, Mr. Chairman, the Miller port this bill, and they want that flexi- who will choose comptime; it puts burdensome substitute protects employees against bility time. restrictions on the use of comptime by work- flagrant abusive behavior. This sub- Mr. Chairman, the President himself ers; and it does little, if nothing, to prohibit em- stitute gives families a real choice of has talked about the need for flexible ployers from hiring only workers that will ac- flexibility in the workplace, and it en- work schedules. This bill supplies that. cept comptime as a condition of their employ- sures comptime will not be adminis- Mr. MILLER of California. Mr. Chair- ment. The legislation therefore is seriously tered in an arbitrary and capricious man, I yield 2 minutes to the gentle- flawed. manner. woman from Connecticut [Ms. Working families in this country are strug- Cynthia Metzler, Acting Secretary of DELAURO]. gling to make ends meet. Many families de- Labor, recently wrote our committee Ms. DELAURO. Mr. Chairman, these pend on the additional income of overtime pay expressing the President’s intent to are tough times for many Americans as to get by. So when these families are forced veto H.R. 1. In that letter she outlined they struggle to make ends meet while to voluntarily mutually agree to accept comp- the President’s objections. First, H.R. 1 balancing the challenges of work and a time, they go without pay. Comptime does not fails to provide real worker choice. family. Families rightly seek greater pay the bills. This will mean a pay cut for Second, it fails to protect employees’ flexibility and paycheck protection to many American families. protection against abuse. And third, it meet their obligations at home and on This legislation is not necessary. Employers fails to preserve the 40-hour workweek. the job. Unfortunately, the Republican can grant time off whenever an employee re- Mr. Chairman, if this House is seri- comp time bill makes it harder rather quests under the current law. This equation in ous about helping employees balance than easier for these families. this measure is a fabrication, making a trade- their work and family responsibilities, The Republican bill fails to ensure off which is not needed and can only hurt we should adopt the Miller substitute. that employees can use the comp time workers without adequate safeguards. The Mr. GOODLING. Mr. Chairman, I when they need it, when they need to best safeguard is the current law in which the yield 2 minutes and 5 seconds to the go to that soccer game, when they need overtime is paid and the employers are open gentlewoman from Kentucky [Mrs. to spend time with their youngsters. to grant time off and, in fact, guided by the NORTHUP]. Worse, it could take valuable overtime Family Medical Leave Act recently enacted. Mrs. NORTHUP. Mr. Chairman, I rise pay out of an employee’s pocket. It Finally, the claim that this measure is pro- in opposition to the Miller substitute does not guarantee that employees working families, stands logic on its head. and in support of H.R. 1. While the Mil- would not be forced to take comp time Would every major employee representative ler substitute claims to offer the op- instead of overtime pay. It does not group oppose this measure if it were helpful to tion of comptime to workers, the truth guarantee that comp time would be of- workers? is it would continue to deny them that fered to all employees and without any I urge my colleagues to defeat this bill. option. Under the Miller substitute, strings attached. And it does not guar- Mr. MILLER of California. Mr. Chair- huge groups, basically anybody that antee that employees’ comp time man, I yield 21⁄2 minutes to the gen- the Secretary of Labor deems should be would be credited for the purposes of tleman from Missouri [Mr. CLAY]. excluded, would be prohibited from re- pension or Social Security. Mr. CLAY. Mr. Chairman, I thank ceiving the benefits of this comptime We need to have strong protections the gentleman for yielding time to me. law. for workers who depend on overtime I rise to support this substitute, In addition, the Miller substitute cre- pay. Two-thirds of those who earned which includes many of the Democratic ates such a regulatory maze that no overtime pay in 1994 had a total annual amendments offered during the com- employer would ever offer comptime at family income of less than $40,000 a mittee markup. Had the majority been such an option. In a time when the year and had an average wage of $10 per interested in a true bipartisan, pro- American public is calling for smaller hour or less. family approach to comptime, it would government and less regulatory bur- That is why we need the serious pro- have accepted our amendments. In- den, this substitute is a major step tections that are provided by the Mil- stead they rejected every proposal de- backward. ler substitute amendment. The Miller signed to improve this bill. The only real comptime proposal substitute ensures that employees The Miller substitute allows employ- here is H.R. 1. Mr. Chairman, I have six would choose if and whether to take ees a real opportunity to choose in the children. As a working mother, I know the comp time rather than overtime use of comptime. For example, a work- the challenges of balancing a family pay so that employees would not be er who needs to spend a few days with and a career. I know what it is like not forced to give up overtime dollars. It March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1149 protects employees vulnerable to over- the employee to routine medical or families in my district are spending time abuses. And it ensures, if comp dental appointments or appointments less and less time with their families time is offered, that all employees for other professional services related and young children. They are driving would be given the same terms so that to an elder’s care. too long to the office. Many of them extra hours are not given only to those That is the President’s wording in re- get on airplanes to commute to make a who are willing to take comp time. gard to the Family and Medical Leave sales call. Many find themselves look- There are a number of amendments Act, which, thus far, I do not think has ing for opportunities for flexibility, considered today, but the Miller sub- had a hearing anyplace. But basically, and when they hear the rhetoric of stitute can fix the fundamental prob- as I construe this, what it is saying is H.R. 1, many of them say, aha, perhaps lems of the Republican comp time bill. that if an individual works for an em- there it is. I urge my colleagues to vote for the ployer who does not have that kind of The truth is that H.R. 1 appears to be Miller substitute and against the Re- leave, and it does not even define well-intentioned but, in my opinion, it publican paycheck reduction act. whether it is paid leave or unpaid does not offer the kind of flexibility, Mr. GOODLING. Mr. Chairman, I leave, I guess we have to leave that up the kind of voluntary options and the yield 5 minutes to the gentleman from to the Secretary, too, but, anyway, if real money that American workers Illinois [Mr. FAWELL], subcommittee an individual is employed in a place of want. The people of my district do not chairman. employment like that, they do not want to be forced into the position of Mr. FAWELL. Mr. Chairman, I thank have a choice either. deciding whether the comp time to go the gentleman for yielding time to me. Now, I would submit that that is to the soccer game is put at a vexing I oppose the Miller substitute. From probably most of America. Because choice of whether they have the money my viewpoint, I spent some time read- most of America has not even had the to buy the soccer shoes. chance to adjust, if and when the Presi- ing this arcane piece of legislation last This is about real wages, Mr. Chair- dent’s bill in regard to family and med- night. But it is some 15 pages of confu- man. This is about the opportunity to ical leave should pass. sion. It is a comp time bill I think in have people have the opportunity to name only. There are many objections, It also goes on to say, oh, we have some more negatives we can talk spend the money that they expect to be I think, one who reads this carefully earning. Paycheck protection is the would have. I think it is a masterpiece about. And it says that an eligible em- ployee, eligible for compensatory time fundamental right of all American of convoluted regulatory maze. But I workers. The opportunity to have pen- am only going to mention two points. out, for instance, should not be an em- ployee exempted by the Secretary sion and Social Security money put First of all, with regard to the defini- forth by an employer is denied by H.R. tion of eligible employees, that is to under (13)(B). That causes one to travel over to (13)(B), and (13)(B) says the Sec- 1. say, those employees who would be eli- I believe that we need to vote for this gible for compensatory time off in lieu retary may issue regulations regarding classes of employees, including all em- Miller substitute amendment. of overtime, if one gets to page 10 and ployees in particular occupations or in- Mr. GOODLING. Mr. Chairman, I section 15(c), we will find that there is dustries, and the Secretary can evi- yield 2 minutes to the gentlewoman what I call negative definitions of the dently exempt any industry, any occu- from Washington [Mrs. SMITH]. employees who would be able to take pation from being covered by this act. Mrs. SMITH of Washington. Mr. advantage of this choice about which So if an individual happens to be in Chairman, I rise in opposition to the we have just heard. an industry or occupation that the Sec- Miller substitute because it basically It starts out by saying that the term retary has found not to be qualified, removes all the benefits of the bill. employee does not include, and then it then they do not have a choice under When I started working as a teen- says, part-time, temporary, or seasonal this legislation either. Basically, there ager, well, actually at 11, I started re- employees. Then you have to jump over is no choice for much of anybody in alizing real soon that government can to another section for a definition of this legislation, as I read it. get in the way when they kicked me part-time, temporary, and seasonal em- The other point I thought we should out of the fields because I was too ployees. But I notice that, for instance, know about is the fact that it is also young, even though I needed to work. in that definition, anybody in the con- stated, as I read it here, an employer By the time I was in my 20’s, I was run- struction trades is automatically ipso who violates any provision of this sub- ning a corporation, helping women, facto determined to be part-time and section, now we are on page 7, can re- mostly middle class women who had so nobody in the construction trades, cover, and I quote, ‘‘Such legal or equi- raised their kids, bring it all together. though they might have worked for the table relief as may be appropriate to same employer for 40 years, would be If I had been a government employee effectuate the purpose of this section.’’ or I had been a government employer, able to have his compensatory time off Do my colleagues know what that I had the ability to adjust times, but I choice. means? Compensatory damages or pu- could not do it as a private employer. It goes on to say that an employee nitive damages unlimited. And, re- So what I had to do was find uncom- will not include also anybody in the member, he has also thrown a new dis- fortable options that neither one of us garment industry. It does not define crimination cause of action into this liked. garment industry, so we are going to legislation. Which means that if any- have to let the Department of Labor, I body has discriminated on any of these What this bill simply does is it does guess the secretary will tell us what little subtle bases here, that is just an protect the 40-hour work week. It does garment industry is. But if you happen employer, then that employer can be not wipe it out. This amendment wipes to be classified in the garment indus- sued for millions of dollars and be able out the ability to have flex time. The try, then you do not have any choice to have put against him a judgment for bill does assure protection for employ- under this bill either. compensatory and punitive damages. ees, but it does what 75 percent of the women in America polled said they b 1600 Anyway, Mr. Chairman, I just thought people might like to know wanted, and that is the ability to have Then it goes on to say, and this is this. This is not a very good piece of more flexibility as they are taking care really a beautiful, beautiful example of legislation. of their moms, sometimes their dads, convoluted positioning, it says that an Mr. MILLER of California. Mr. Chair- their kids, and working. They have the employee has to be one who is entitled man, I yield 2 minutes to the gentle- ability to work with an employer and to take not less than 24 hours of leave woman from California [Mrs. put together a package that works for during any 12-month period to partici- TAUSCHER]. them. pate in school activities directly relat- Mrs. TAUSCHER. Mr. Chairman, I Why do we believe that we, as a gov- ed to the educational advancement of a rise in support of my neighbor, the gen- ernment, are so good that we know how son or daughter of the employee, ac- tleman from northern California, Mr. to put together people’s personal lives? company such son or daughter to rou- MILLER, and his substitute amendment. I do not really believe we do. I believe tine medical or dental appointments, Mr. Chairman, I have worked for 30 the protections, especially treble dam- and accompany an elderly relative of years, and the working parents and ages, that is pretty scary, are built H1150 CONGRESSIONAL RECORD — HOUSE March 19, 1997 into this bill for employers that would doing here. We have heard this legisla- to work at home, parents need real think that they should coerce. I think tion would take money and benefits flexibility in the workplace. H.R. 1 does the 40-hour work week is protected. out of the hands of hard-working indi- not help working parents because it I am not sure I will support the Sen- viduals; that it would give employers does not let the employee choose when ate bill. I think it might weaken the the upper hand; that it would harm our to use the comp time they have earned. 40-hour work week. But I think, over- working families, our hard-working The Miller substitute, however, is all, American women will finally have families. If that is the case, why is it real comp time. It is real flexibility. It a chance to be heroes, as they are, and that President Clinton’s pollster is say- gives employees three ways to use be able to do it easier with flex time. ing that 75 percent of working families their comp time: automatically, for Mr. MILLER of California. Mr. Chair- favor this bill, H.R. 1? family emergencies; at the employee’s man, I yield 2 minutes to the gentle- I think it is because they want the convenience, with 2 weeks notice; and woman from California [Ms. SANCHEZ]. choice to take time off for their fami- with less than 2 weeks notice when it Ms. SANCHEZ. Mr. Chairman, I rise lies instead of receiving overtime com- does not unduly disrupt business. in support of the substitute offered by pensation. Currently, most employees The Miller substitute stands up for my good friend and colleague, the gen- have no choice. Government union em- working moms and dads, allowing them tleman from California [Mr. MILLER]. ployees do have this choice, but the the choices they need to perform their The Miller substitute to H.R. 1 is the rest of us do not. We have to take the most important task: parenting. Let us real Working Families Flexibility Act. pay even if we would rather have the vote for comp time that really means The Republican bill is an impostor that time off. something. Vote for the Miller sub- will result in paycheck reduction for The bill is for our workers and their stitute. all working families. families who do not have enough hours Mr. MILLER of California. Mr. Chair- If the other side had been truly inter- in the day to spend together. It is for man, I yield 2 minutes to the gentle- ested in helping working families, then woman from New York [Mrs. MCCAR- we would have created a bipartisan the mom or dad who wants to go to school to see their child’s play, visit THY]. piece of legislation and we would have Mrs. MCCARTHY of New York. Mr. their teacher or attend a basketball been proud to present it to the Amer- Chairman, I rise in support of the Mil- game. It is for those of us who need to ican people. Instead, we have a bill ler-Clay substitute to H.R. 1. that was drafted behind closed doors take extra time to go to the doctor or When I talk with my constituents, and passed along party lines in com- take our children to the doctor. It is they tell me they want Congress to put mittee. This is unfortunate because it for those of us that actually would sac- aside partisan fighting and find com- is an opportunity missed. rifice the overtime pay just to take an monsense solutions to important is- I have been an employee for public extra vacation or a few days off to be sues. On comp time, they tell me they service, I have been an employee in pri- with our kids or take care of important want a bill which provides workers vate business, I have been an employee personal items. true flexibility and a true choice of of a large business, I have owned my The most important part of this is to when to use it. own business, and I know that H.R. 1 remember that this is paid leave that I understand this issue firsthand. Be- could have balanced the need of flexi- the worker has earned, not unpaid fam- fore coming to Congress, I was a nurse. ble work schedules and the require- ily and medical leave that often goes I still am a nurse. Comp time would ments of employers. unused because, frankly, our workers have been very attractive for me, since In my congressional district there cannot afford to take the time off. Em- I put in long hours that kept me away are more than 25,000 people who make ployees can make an intelligent and in- from my family. But I also know that less than $15,000 per year. In addition, formed decision about how to best use without real choice, there would have there are over 52,000 women who work their overtime. Whether they use comp been many times when I would have and support their families. These time or take the pay is a decision they been asked to work, wanted to take women need the security of knowing should make, not some Washington bu- time off and been denied it. Instead of that they can depend on overtime pay reaucrat. flexibility, I would have been left with or use comp time to take care of their The choice is simple, Mr. Chairman. no overtime pay and a comp time bank children. Let us give our families and workers from which I could never withdraw. While I support the idea of flexible the choice they deserve. Support H.R. 1 The fact of the matter is the vast work schedules, and I wanted to sup- and oppose the Miller amendment. majority of employers will treat their port H.R. 1, the bill does not provide Mr. MILLER of California. Mr. Chair- workers right under comp time. But a sufficient protections for working fam- man, I yield such time as he may small number will not, and any law we ilies. During the markup, the commit- consume to the gentleman from Cali- pass must protect the most vulnerable tee could have restored some balance fornia [Mr. MARTINEZ]. workers whose bosses will try to abuse to this bill. I joined my good friends, (Mr. MARTINEZ asked and was given the law. the gentlewoman from Hawaii [Mrs. permission to revise and extend his re- I am proud to be an original cospon- MINK], the gentlewoman from Califor- marks.) sor of the Miller-Clay substitute, be- nia [Ms. WOOLSEY], and the gentleman Mr. MARTINEZ. Mr. Chairman, I rise cause I believe it strikes the right bal- from Massachusetts [Mr. TIERNEY], in in support of the Miller amendment ance between the needs of the employer offering a simple amendment that and against H.R. 1. Give people the and the employee. Under the Miller- would have helped working families choice. Clay proposal employees get to decide have a real choice and real flexibility, Mr. MILLER of California. Mr. Chair- when to use the comp time they have but, unfortunately, our amendment man, how much time have we earned as long as it does not cause sub- was turned down. consumed; or how much time is left to stantial or grievous injury to the em- Mr. GOODLING. Mr. Chairman, I both sides? ployer. yield 2 minutes to the gentleman from The CHAIRMAN. The gentleman More importantly, the Miller-Clay Michigan [Mr. KNOLLENBERG]. from California [Mr. MILLER] has 18 substitute provides sensible protec- Mr. KNOLLENBERG. Mr. Chairman, minutes remaining, and the gentleman tions to employees who choose comp I thank the gentleman for yielding me from Pennsylvania [Mr. GOODLING] has time. this time to speak about an important 161⁄2 minutes remaining. b issue to all working families. Mr. MILLER of California. Mr. Chair- 1615 Mr. Chairman, I rise in strong sup- man, I yield 1 minute to the gentle- Under this plan comptime counts as port of H.R. 1 and in opposition to the woman from California [Ms. WOOLSEY]. hours worked for overtime so employ- amendment of the gentleman from Ms. WOOLSEY. Mr. Chairman, I was ees will not be forced to work long California [Mr. MILLER]. I think it is a a working mother of four children. I hours later in the week. Employees can poison pill for this bill and it would lit- also have 20 years of experience as a be assured that if their business goes erally gut this excellent proposal. human resources professional. I know bankrupt, the comptime hours they Mr. Chairman, we have heard a lot of the challenges facing working moms have accumulated will not be lost for- the distortions about what we are and dads today. I know that for things ever. March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1151 Finally, the Miller-Clay substitute hear virtually everyone on our side say that situation to get out of hand and gives workers 24 hours of leave to at- the bill before the House puts the whip accrue. If you really want worker tend a parent-teacher conference or in the hands of the employer and takes choice, support the Miller substitute. take a sick parent to the doctor. By the choice away from the employee and Mr. GOODLING. Mr. Chairman, I helping workers who are struggling to hears virtually everyone on the other yield 21⁄2 minutes to the gentleman make ends meet while caring for their side say exactly the opposite is true. from Montana [Mr. HILL]. family, the Miller-Clay substitute is Let me tell my colleagues why I feel so Mr. HILL. I thank the chairman for truly family oriented. strongly that we are right about this yielding me time. Mr. Chairman, I urge my colleagues argument. It has to do with the way Mr. Chairman, I rise to oppose the to vote yes. the underlying bill that we are seeking Miller substitute and to express my Mr. GOODLING. Mr. Chairman, I to amend is drafted. strong support for the Working Fami- yield 2 minutes to the gentleman from If we have a situation where an em- lies Flexibility Act. The Miller sub- Nebraska [Mr. BARRETT]. ployee who always chooses cash, or has stitute would create such a regulatory Mr. BARRETT of Nebraska. I thank always chosen cash in the past, is de- maze with such heavy penalties that no the gentleman for yielding me this nied overtime in the future and an em- employer would ever offer comptime. time. ployee who always chooses comptime is Make no mistake, there is only one Mr. Chairman, I rise in opposition to given overtime in the future, I think it comptime bill before us, and that is the substitute and in support of H.R. 1. is a fair conclusion that the other em- H.R. 1. Under the substitute it occurs to me ployees in that workplace might get H.R. 1 is very simple. It allows pri- that the Secretary of Labor would be the message that if you choose cash vate sector employers to provide empowered to deny comptime to basi- you do not get overtime. But if you comptime in lieu of overtime pay cally anyone the Secretary wants. The choose comptime, you do. That effec- under an agreement with their employ- provision strikes at the very heart of tively takes the choice away from the ees. If an employer chooses to make H.R. 1, which is giving freedom to employee and puts it in the hands of comptime available, the employees workers and to employers. the employer. have the option of having their over- The substitute creates a maze of new Our friends on the other side no time compensated with cash or with regulations and penalties. Employers doubt say that is not what the bill paid time off. Employees who prefer to simply will not offer comptime for fear says. The bill says that you have to receive cash wages for overtime hours of making some kind of an honest mis- offer the employee the choice. That is worked would be free to continue to re- take and being taken to the cleaners. true. That is literally what the bill ceive cash payment for their overtime. There is only one proposal that says. But in practice let me tell my Mr. Chairman, this legislation does meets the needs of workers and em- colleagues what I believe would hap- not change the 40-hour workweek for ployers, and that is H.R. 1. The bill pen. The burden of proof would be on the purposes of calculating overtime. gives workers and employers what they the employee to hire a lawyer, go to Employees who work more than 40 want, the freedom to offer a new bene- court and show that the employer in- hours over 7 days would continue to re- fit, and the freedom to decline or ac- tentionally chose to discriminate or ceive overtime at 11⁄2 times their regu- cept it. H.R. 1 should be titled Working deny overtime to the employee who lar pay. If the employer and employee Families Freedom and Flexibility Act. chose cash rather than comptime. The agree on comptime, then the paid time H.R. 1 breaks the barriers that have way you have to meet that burden of off would be granted at 11⁄2 hours for stopped the private sector from offer- proof, with all due respect, is impos- each hour of overtime worked. This ar- ing a benefit that Americans have been sible. There is a saying in law that he rangement for comptime must be a mu- demanding for quite some time. This or she who has the burden of proof tual agreement between the employer bill does so without a one-size-fits-all loses. In this case it would be the em- and the employee. It is entirely vol- Federal mandate. Employers will be ployee who would have that burden of untary on the part of the employee. free to listen to their workers and de- proof. The legislation also protects employees cide whether to offer the benefit. How would you meet the burden of from being coerced into comptime or Workers will be free to accept or refuse proof? You would have to find a smok- overtime. the benefit. They can use the comptime ing gun. You would have to find a Mr. Chairman, I owned a small busi- or they can take the overtime wages. It memo or an oral statement from an ness, about 20 employees, before com- is entirely up to the employees. employer that would say, ‘‘Whatever ing to Congress. My office policy was Mr. Chairman, H.R. 1 is a win-win for we do, let’s stop offering overtime to set up for exactly what this legislation America. It provides freedom to em- people who choose cash rather than would achieve. If one of my employees ployers to offer a benefit without an- comptime.’’ Very few employers, first wanted to go to a track meet or had a other bureaucratic government man- of all, I believe, would coerce their em- parent-teacher conference during the date. It provides freedom for workers ployees. I accept that. But even fewer workday, I simply asked them to make to take the time that they have employers are going to be stupid up the time later on. It was a casual, worked and use it to spend with their enough to let such a memo or oral trusting relationship. That was until families or to take their overtime pay. statement be around. Very few people the Department of Labor told me that For nearly 210 years, Congress has are going to meet this burden of proof. it was wrong to provide this kind of passed laws to ensure that the Amer- We then have the assertion that an flexibility to my employees of bal- ican worker and the business sector employee can cash out their comptime ancing their work life with their fam- have the opportunity to succeed. H.R. 1 on demand. That may be what the ily life. continues that fine tradition. I encour- written piece of paper says, but that is But let me give another example, Mr. age my colleagues to support this land- not the reality, Mr. Chairman, because Chairman. There is an art theater in mark legislation to reinvigorate the the same person who is persuaded not Montana, in a small town. They per- idea of freedom in the workplace and to choose cash in the first place is very form at night and on weekends. The oppose the substitute. unlikely to go back to an employer and theater has five employees who some- Mr. MILLER of California. Mr. Chair- demand cash in the second place. On times work 20 to 30 hours on the week- man, I yield 3 minutes to the gen- paper this sure looks like choice, but in end in addition to their regular work- tleman from New Jersey [Mr. AN- the real world it sure looks like coer- week. They prepare the stage, visit DREWS]. cion. schools, pack and unpack props and Mr. ANDREWS. Mr. Chairman, I The Miller substitute meets those ob- other equipment. Currently these em- thank my friend from California for jections. It would truly put the choice ployees would willingly give up their yielding time, and I rise in support of in the hand of the employee and not time, but they are breaking the law. his substitute. the employer. It would deal with the With a comptime option, Mr. Chair- Mr. Chairman, it occurs to me that situation where an employee has accu- man, the employees could take off someone listening to this debate today mulated comptime and the employer their time in subsequent workweeks to might be awfully confused when they goes out of business by not permitting make up for their overtime. H1152 CONGRESSIONAL RECORD — HOUSE March 19, 1997 Mr. Chairman, there are 50,000 small individuals decide. But I think that the would permit voluntary contracts and businesses in Montana. Ninety percent other side protests a little too much voluntary associations in all areas, and of them employ 50 or fewer employees. about that, and the speeches we have it has not always been this way, as it is It is not the place of the Federal Gov- heard about how demeaning it is to today, where social liberty and eco- ernment to deny those small businesses suggest that employees may need some nomic liberty are separate. It has only in Montana the opportunity to provide protection really does not look at the been in the 20th century that we have flexible workplaces. issue in a reasonable light. divided these two, and there is no rea- Mr. MILLER of California. Mr. Chair- I know, because for many years my son why we cannot look at liberty in man, I reserve the balance of my time. husband and I lived on overtime. My an unified manner. Those individuals Mr. GOODLING. Mr. Chairman, I husband is an autoworker. He works in who want freedom of choice in personal yield 2 minutes to the gentleman from 1 of the 12 automobile plants in my dis- and social affairs should certainly rec- Michigan [Mr. UPTON]. trict. He has been an hourly worker for ognize that those of us that believe in Mr. UPTON. Mr. Chairman, as a new the entire time we have been married. economic freedom ought to have those member of the Committee on Edu- Overtime for many years paid for our same choices. cation and the Workforce, I rise in sup- Christmas presents. It allowed us to This great division has occurred and port of H.R. 1 and in opposition to the take a summer vacation. It allowed us has led to a great deal of confusion in amendment offered by my colleague to make additional payments on our this country. Today, we are making from California [Mr. MILLER]. I am a cars. If that income were not available this token effort to relegalize in a very strong supporter of the bill before us, to us, our life and our quality of life small manner this voluntary contract H.R. 1, and was pleased to support it in would have changed substantially. to allow workers to make a freedom of the committee earlier this month. Now, the argument is, is that the em- choice on how they would like to use Contrary to what my colleagues may ployee makes all the decisions under their overtime, taking the money or hear today, the bill does not affect the this bill. Of course that is not true. The using it as comptime. There is no rea- 40-hour workweek or existing rights of reason that people have been so con- son why we should prohibit this. It is overtime pay. It also has built-in pro- cerned on our side of the aisle about legal in the public sector. There is no tections and safeguards to ensure that lower income employees is because the reason why we cannot legalize a little employees are not coerced into choos- people who most need the money, bit of freedom for the worker in the ing comptime. The base bill allows em- lowincome employees, are the ones private sector as well. ployees to decide how they want to be that are most susceptible to the kind Mr. Chairman, this act partially restores the paid for their overtime work, either in of pressure that an employer could put right of employees to contract with their em- dollars or comptime. on them. Employers can put that kind ployers to earn additional paid time off from I once had a job where this policy of pressure on an employee to choose work in lieu of overtime pay when the employ- was in effect, both as an employee as time off rather than income, or they ees works longer than 40 hours in a week. I am pleased to support this bill, as it rep- well as a boss, and I know that it can pick and choose between employ- resents a modest step toward restoring the works. When I no longer serve in this ees about who will get the overtime, freedom of contract. Freedom to form employ- Congress, I would strongly prefer a job probably the one who will take time ment contracts is simply a branch of the free- where I could put in a 40-hour week rather than money. dom of association, one of the bedrocks of a over 4 days and have a Monday or Fri- It is important that people realize free society. In fact, another good name for day off to spend time with my family, while compensatory time is valuable, freedom of contract is freedom of economic and I would think that that would be a you cannot buy bread with it, and for worthwhile and attractive alternative association. people who need the income we have to When persons have the right to associate to many of us in this Chamber today. be sure that this bill protects them and with whom they choose, they will make the Today I have heard a lot about being protects the money that they need type of agreements that best suit their own forced to choose one or the other. That each and every week. unique needs. Any type of Government inter- does not happen. What we want to do is Mr. GOODLING. Mr. Chairman, I ference in the freedom of association means give workers the opportunity to choose yield 2 minutes to the gentleman from people will be forced to adjust their arrange- for themselves what they want. The op- Texas [Mr. PAUL]. ments to satisfy the dictates of Government ponents of this legislation have offered (Mr. PAUL asked and was given per- bureaucrats, lots of amendments, but they have not mission to revise and extend his re- For example, even though workers might offered an amendment to take away marks.) rather earn compensatory time so they may this benefit from those employees that Mr. PAUL. I thank the gentleman for have more time to spend with their children today have exactly this type of prac- yielding me this time. and spouses then accept paid overtime, the tice in the workplace. My sense is if Mr. Chairman, I rise today in support current law forbids them from making such an they did, that those employees that of H.R. 1 and in opposition to the Mil- arrangement. But Congress has decided all have that opportunity today would ler amendment. The Miller amendment Americans are better off receiving overtime raise a real hue and cry against what obviously would negate everything we pay rather than compensatory time, even if the this Congress would do. are trying to do in H.R. 1. worker would prefer compensatory time. After Mr. Chairman, it works. I saw it One of my favorite bumper stickers all, Congress knows best. work. We need to have this work for all simply says ‘‘Legalize freedom.’’ I The Founders of the country were cham- employees and that is why I am glad to would like to think that is what we are pions of the rights of freedom of association. support this legislation this afternoon. doing here today, is legalizing freedom Under the U.S. Constitution, the Federal Gov- Mr. MILLER of California. Mr. Chair- to some small degree. The workers in ernment is forbidden from interfering in the man, I yield 2 minutes to the gentle- the public sector already have this economic or social contracts made by the woman from Michigan [Ms. RIVERS]. right to use comp time. There is no people. As we all know, the first amendment Ms. RIVERS. Mr. Chairman, the de- reason why the workers in the private prohibits Congress from interfering with the bate today really is about striking a sector cannot have this same right as freedom of association. There is nothing in the balance, about finding a way to meet well. history or thought of the Framers to indicate the demands for flexibility that em- b 1630 economic association was not given the exact ployees all over this country have with same level of protection as other forms of as- our need to protect people from deci- The bedrock of a free society is that sociation. sions that employers might make to of voluntary contracts and it is easy In fact, the emphasis placed by this coun- the disadvantage of that employee. We for many of those who oppose this bill try's Founders on property and contract rights are really talking about income protec- to understand that voluntary contracts indicates the Founders wanted to protect eco- tion here today. and voluntary associations in personal nomic associations from Government inter- I know that there has been some dis- and social affairs is something that we ference as much as any other type of associa- cussion about the importance of letting have to respect. But there is no reason tions. individual employees decide and I why we cannot apply this to economic Unfortunately, since the early years of the agree, that is important. We should let affairs as well. A true free society 20th century, Congress has disregarded the March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1153 constitutional prohibition on Federal regulation ployer would ever offer comptime to the Secretary of Labor ought to be able of freedom of economic association, burdening employees because of a new maze of to say whether or not those employers the American people with a wide range of Federal regulatory requirements. ought to be able to engage in comptime laws controlling every aspect of the employer- As my colleagues know, Mr. Chair- because let us understand what one employee relationship. Today, Government man, as I have listened to this debate does with comptime: presumes to tell employers whom they may it has stimulated me to go back and ‘‘You agree to work overtime. You hire, fire, how much they must pay, and, most read this bill. This is not rocket agree to work more than 8 hours, more relevant to our debate today, what types of science. This bill is only eight pages than 40 hours. You agree to work at benefits they must offer. long. Basically what this bill says is, night. You agree instead of going home Behind these laws is a view of the function on page 3, an employer can provide at the end of your shift you’re going to of Government quite different from that of the comptime to employees only if, A, the stay and do some additional work. A Founders. The Founders believed Govern- employees union agrees to it, or B, the lot of that work is real hot and it’s real ment's powers were limited to protecting the individual has chosen to receive heavy and it’s real dangerous, but liberties of the individual. By contrast, too comptime in lieu of mandatory over- that’s what you agree to do and you’ve many in Congress believe Government must time compensation. And what happens earned that. You should be protected function as parent, making sure citizens don't then if an employee decides he does not then against the ability of an unscru- enter into any contracts of which the national like it? Well then you move on to the pulous employer to run on the obliga- nanny in Washington disapproves. next page, page 5, an employee may tion.’’ I note with some irony that many of the withdraw an agreement described in Mr. Chairman, I appreciate that a same Members who believe the Federal Gov- this paragraph at any time. An em- number of speakers have gotten up and ernment must restrict certain economic asso- ployee may also request in writing that spoken about that provision of this ciation claim to champion the right of free as- monetary compensation be provided at bill, but we do believe, we do believe, sociation in other instances. any time for all compensatory time ac- that those people ought to in fact be For example, many of the same Members crued that has not been used. And then, protected. They can exercise the who would zealously defend the right of con- Mr. Chairman, what happens if an em- choice, but they ought to know what senting adults to engage in voluntary sexual ployer abuses this? Well, then they are the choice is about, and if it is in an in- behavior free from State interference. Yet they subject to the Fair Labor Standards dustry, then the Secretary of Labor are denying those some individuals the right to Act of 1938. ought to try and determine whether or negotiate an employment contract that satis- Mr. Chairman, this is a very good not we ought to put these people’s fies these unique needs. bill. If my colleagues would listen to wages, these people’s wages at risk in Yet the principle in both cases is the same, one side and the other side, they would the case of where we have a history of people should have the right to contract and wonder who is telling the truth. My unscrupulous employers. So there is a fundamental difference associate freely with whomever, on whatever suggestion is: Read the eight pages of about these two pieces of legislation. I terms they choose, they choose without inter- this bill and vote for H.R. 1 and vote would hope, I would hope that those ference from the Central State. against the Miller substitute. who are truly interested in providing As has been often mentioned in this debate, Mr. MILLER of California. Mr. Chair- the real choice of comptime versus 75 percent of employees surveyed by the poll- man, I yield myself 3 minutes. overtime and real flexibility for fami- ing firm of Penn & Schoen favored allowing Mr. Chairman, I want to thank my lies to use it when they need it and can employees to take compensatory time in lieu colleagues who have joined in this de- help their families will vote for the of overtime. Yet Members of Congress, who bate this afternoon. There is a very fundamental, a very Miller substitute. not only claim to favor freedom of association Mr. Chairman, I yield back the bal- but claim to care for the workers, will not allow fundamental difference between these two pieces of legislation. We believe ance of my time with my understand- them the freedom to contract with their em- ing the gentleman from Pennsylvania ployees for compensatory time. that one of the fundamental differences is about really preserving the truly will be the last speaker. What arrogance and hypocrisy. If employ- Mr. GOODLING. Mr. Chairman, I voluntary choice by the employee, ees feel that compensatory time would benefit yield myself the remainder of my time. them, and employers, eager to attract the best about truly voluntary flexible schedul- The CHAIRMAN. The gentleman employees, are willing to offer compensatory ing by the employee and making sure from Pennsylvania is recognized for 6 time, what right does Congress have to say again that preserving the choice of the minutes. ``No, you must do it our way?'' employee about when to use his time. Mr. GOODLING. Mr. Chairman, I rise Congress has no right to interfere with pri- We also have a very fundamental dif- in opposition to this substitute offered vate, voluntary contracts whether between a ference, and a number of my colleagues by the gentleman from California [Mr. husband and wife, a doctor and patient, or an from the other side of the aisle spoke MILLER]. employer or an employee. to it. We believe that there are people I have to wonder where we have been Mr. Chairman, it is time to lift the federally unfortunately in this country who are the last couple years because the last imposed burdens on the freedom of associa- very vulnerable workers, who work in time we had this legislation before the tion between an employer and employee. As industries with a long history of run- committee in the last session of Con- a step in that direction, I will vote for the ning on their workers’ pay, on not gress there were no amendments of- unamended Working Family Flexibility Act and sending their contributions to the fered in committee, and there was no I call on all my colleagues who support individ- State unemployment board, of not substitute offered on the floor. This ual liberty and freedom of association to join sending the tax contributions to the year there were some amendments of- me in supporting this pro-freedom, pro-worker IRS, of not paying into Social Secu- fered in committee, and we took some bill. rity. Unfortunately, some of these peo- of those and included them in my Mr. MILLER of California. Mr. Chair- ple may be well intentioned but rather amendments here on the floor, but only man, I reserve the balance of my time. under capitalized, and they constantly one amendment was offered from the Mr. GOODLING. Mr. Chairman, I are taking what the employee has other side. So, as my colleagues know, yield 2 minutes to the gentleman from earned and using that to run their busi- where have we been all of this time? Iowa [Mr. GANSKE]. ness, and then the employee is left I have many objections to the sub- Mr. GANSKE. Mr. Chairman, today I holding the bag. It happens to tens of stitute. First of all, I do not question rise in opposition to the Miller sub- thousands of employees all of the time the intention of the substitute, but I do stitute and in strong support of the un- in this country. Hundreds of thousands very pointedly say that it positively derlying bill, H.R. 1. The Miller sub- of employees have been denied over- guts the whole bill, and I can substan- stitute has many problems, among time that they have worked for and tiate that by saying, well, there are them it effectively denies comptime to that they have earned according to the seven broad areas that we are exempt- many American families by setting up Department of Labor. ing, and then if that is not enough, we classes of ineligible workers, and as my So what are we saying? We are say- get down to the point where we say, colleague from Illinois, Mr. FAWELL, so ing in those industries where you have ‘‘and the Secretary can exempt any- ably showed, it makes unlikely an em- a history of these kinds of activities, body else,’’ so we could end up no one H1154 CONGRESSIONAL RECORD — HOUSE March 19, 1997 has the opportunity, except again the the private sector, somehow or other Complaints under the Fair Labor Standards public sector, which has had that op- only the Federal Government can de- Act may involve alleged violations of minimum portunity for a long, long time. termine whether they should have this wage, overtime, recordkeeping, and/or child The substitute prohibits comptime opportunity. It is the employee’s labor requirements. The Wage and Hour Divi- for all part-time temporary seasonal choice. The employee is completely sion received nearly 35,000 complaints in fis- employees, all employees in the gar- protected to make that choice. The em- cal year 1996. ment industry, all employees not enti- ployee can cash out when they want to In fiscal year 1996, 13,687 compliance ac- tled to take 24 hours of leave per year cash out. The employee can break the tions disclosed overtime violations. These rep- for family member, for school activi- contract that they made if they decide resent nearly 50 percent of those in which Fair ties or routine medical care; all em- that they do not really want to do Labor Standards Act monetaryÐminimum ployees in the construction industry; that. So it is a win, win, win situation wage or overtimeÐviolations were found. all employees in agricultural employ- for the employee because we have pro- The Wage and Hour Division last year found ment. The part-time prohibition is fur- tected them in this legislation. just over $100 million in back wages due to ther defined to prohibit comptime for So again I ask my colleagues, reject overtime violations owing to nearly 170,000 any employee working less than 35 the substitute which guts the entire workers. hours per week, and there is no specific bill and vote yes on H.R. 1. If there were only well intended employers definition of the construction of the One additional comment: and well meaning employees their would be These staffs on both sides have garment industry. The agricultural no need for rules and regulations to govern worked day and night, and I certainly employee, construction and garment the work environment. want to pay tribute to them for all the prohibitions appear to extend to all the I believe that this amendment to H.R. 1 will work that they have put in. It was not employees even if they could be a sec- offer necessary protections to American work- only Members that were working; there retary that has worked there full-time ers who may not work in the conditions that were staff members who were working, for 15 years. we could endorse with an open compensatory Now beyond all of that, all these spe- as I said, day and night. Mr. MILLER of California. Mr. Chair- time bill. cific exemptions with respect to the Mr. GOODLING. Mr. Chairman, I use of compensatory time, the Miller man, will the gentleman yield? Mr. GOODLING. Mr. Chairman, I do yield back the balance of my time. substitute takes what has been a fairly not know if they got compensatory The CHAIRMAN. The question is on straightforward rule and now makes it time or not, or overtime. I hope we the amendment in the nature of a sub- so convoluted that I cannot imagine were within the law in relationship to stitute, as modified, offered by the gen- that anybody would understand who is our employees. tleman from California [Mr. MILLER]. eligible, what is available, and what is Mr. Chairman, I yield to the gen- The question was taken; and the not available. tleman from California. Chairman announced that the noes ap- Now we talk over and over again Mr. MILLER of California. Mr. Chair- peared to have it. about the protections in the bill, and man, I know that the gentleman from RECORDED VOTE again I want to repeat, as I have many Missouri [Mr. CLAY] and myself would Mr. GOODLING. Mr. Chairman, I de- times today, H.R. 1 says, ‘‘You can use like to join in commending the staffs. mand a recorded vote. your comptime for any purpose so long They have worked long and hard on A recorded vote was ordered. as you give reasonable notice and the this legislation, and I would also like The vote was taken by electronic de- use does not unduly disrupt the em- to thank the chairman of the commit- vice, and there were—ayes 193, noes 237, ployer’s operation.’’ These are the tee in the spirit of Hershey this year. not voting 2, as follows: exact same tests as in State and local We had a wonderful opportunity to government and similar to that in the [Roll No. 58] offer amendments, and we appreciate AYES—193 Family and Medical Leave Act for that opportunity in committee. medical leave. Ms. JACKSON-LEE of Texas. Mr. Chair- Abercrombie Dingell Kennedy (RI) The Miller amendment says that if Ackerman Dixon Kennelly man, I rise in support of this amendment to Allen Doggett Kildee any employee is using comptime for H.R. 1, the Working Family Flexibility Act of- Andrews Doyle Kilpatrick purposes covered by the Family and fered by the Honorable GEORGE MILLER. Baldacci Edwards Kind (WI) Medical Leave Act or any comparable Barcia Engel Kleczka I appreciate the need for the American Barrett (WI) English Klink State law, they do not have to give any worker to have the flexibility to choose be- Becerra Eshoo LaFalce notice, and it does not matter what the tween overtime pay and compensatory time. Bentsen Etheridge Lampson impact is on business for any purpose. Without this body's action on this issue, Berman Evans Lantos If they give 2 weeks’ notice, they fol- Bishop Farr Lazio many employees in this country have compen- Blagojevich Fattah Levin low one rule; if they do not give 2 satory time as an accomplished fact of their Blumenauer Fazio Lewis (GA) weeks’ notice, they follow another work life. These compensatory time agree- Bonior Filner Lipinski rule. As I said, it becomes very confus- Borski Flake Lofgren ments may be provided as a part of binding Boswell Foglietta Lowey ing and convoluted, and then of course labor contracts or informal or formal work Boucher Ford Luther there is unlimited punitive compen- agreements. Boyd Frost Maloney (CT) satory damages to be awarded, far be- The Fair Labor Standards Act does not re- Brown (CA) Furse Maloney (NY) yond even our civil rights legislation. Brown (FL) Gejdenson Manton quire employers to pay overtime based on Brown (OH) Gonzalez Markey So let me just wrap up by saying re- hours worked in a single day. When an em- Capps Gordon Martinez ject the substitute and listen again. I ployee who normally works five 8-hour days a Cardin Green Mascara think we have all agreed now that the week needs to take a few hours off during the Carson Gutierrez Matsui 40-hour work week is saved. I think ev- Clay Hall (OH) McCarthy (MO) week, the employer can let the employee Clayton Hamilton McCarthy (NY) erybody now who has read it agrees to leave work early 1 day and stay late the next Clement Harman McDermott that. We know that it gives private without having to pay overtime, so long as the Clyburn Hastings (FL) McGovern sector employees the same opportunity Condit Hefner McHale total hours worked for the week is no more Conyers Hilliard McIntyre the public employers have but with than 40. Costello Hinchey McNulty more protection then they have. We Employers can also accommodate an em- Coyne Hinojosa Meehan know that employees are just as good ployee who needs to take time off 1 week by Cramer Holden Meek in the private sector as employees are Cummings Hooley Menendez letting them take the time off without pay. If Danner Hoyer Millender- in the public sector, just as bright, just the employee is concerned about the loss of Davis (FL) Jackson (IL) McDonald as able to make decisions as anybody pay, the employer can authorize the employee Davis (IL) Jackson-Lee Miller (CA) in the public sector, and therefore we to work enough overtime another week to DeFazio (TX) Minge DeGette Jefferson Mink should give them the same opportunity make up the lost time. Delahunt John Moakley that we give those in the private sec- The problem with making any changes to DeLauro Johnson (WI) Mollohan tor. the overtime pay requirements is the impact Dellums Johnson, E. B. Moran (VA) We do not want to say to those in the on workers face loss of pay due to employer Deutsch Kanjorski Morella Dicks Kennedy (MA) Murtha private sector that because they are in violations of overtime pay laws. March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1155 Nadler Rothman Stupak Weldon (FL) White Wolf Christensen Hulshof Pombo Neal Roybal-Allard Tanner Weldon (PA) Whitfield Young (AK) Coble Hunter Porter Oberstar Rush Tauscher Weller Wicker Young (FL) Coburn Hutchinson Portman Obey Sabo Thompson Collins Hyde Pryce (OH) Olver Sanchez Thurman NOT VOTING—2 Combest Inglis Radanovich Ortiz Sanders Tierney Frank (MA) Kaptur Cook Istook Ramstad Pallone Sandlin Torres Cooksey Jenkins Regula Pascrell Sawyer Towns Messrs. HOUGHTON, RILEY, and Cox John Riggs Pastor Schumer Traficant SMITH of Texas changed their vote Crane Johnson (CT) Riley Payne Scott Turner from ‘‘aye’’ to ‘‘no.’’ Crapo Johnson, Sam Rogan Pelosi Serrano Velazquez Cubin Jones Rogers Peterson (MN) Sherman Vento Mr. HILLIARD and Mr. KENNEDY of Cunningham Kasich Rohrabacher Pickett Skaggs Waters Massachusetts changed their vote from Davis (VA) Kelly Ros-Lehtinen Pomeroy Skelton Watt (NC) ‘‘no’’ to ‘‘aye.’’ Deal Kim Roukema Poshard Slaughter Waxman DeLay Kingston Royce Price (NC) Smith, Adam Wexler So the amendment in the nature of a Dickey Klug Ryun Rahall Snyder Weygand substitute, as modified, was rejected. Dooley Knollenberg Salmon Rangel Spratt Wise The result of the vote was announced Doolittle Kolbe Sanford Reyes Stabenow Woolsey as above recorded. Dreier LaHood Saxton Rivers Stark Wynn Duncan Largent Scarborough Roemer Stokes Yates The CHAIRMAN. The question is on Dunn Latham Schaefer, Dan the committee amendment in the na- Ehlers LaTourette Schaffer, Bob NOES—237 ture of a substitute, as amended. Ehrlich Lazio Sensenbrenner Emerson Leach Sessions Aderholt Gekas Northup The committee amendment in the Ensign Lewis (CA) Shadegg Archer Gephardt Norwood nature of a substitute, as amended, was Everett Lewis (KY) Shaw Armey Gibbons Nussle agreed to. Ewing Linder Shays Bachus Gilchrest Owens Fawell Livingston Shuster Baesler Gillmor Oxley The CHAIRMAN. Under the rule, the Foley Lucas Skeen Baker Gilman Packard Committee rises. Fowler Manzullo Smith (MI) Ballenger Goode Pappas Accordingly, the Committee rose; Fox McCollum Smith (OR) Barr Goodlatte Parker and the Speaker pro tempore (Mr. Franks (NJ) McCrery Smith (TX) Barrett (NE) Goodling Paul Frelinghuysen McInnis Smith, Linda Bartlett Goss Paxon KOLBE) having assumed the chair, Mr. Gallegly McIntosh Snowbarger Barton Graham Pease COMBEST, Chairman of the Committee Ganske McIntyre Solomon Bass Granger Peterson (PA) of the Whole House on the State of the Gekas McKeon Souder Bateman Greenwood Petri Gibbons Mica Spence Bereuter Gutknecht Pickering Union, reported that that Committee, Gilchrest Miller (FL) Stearns Berry Hall (TX) Pitts having had under consideration the bill Gillmor Minge Stenholm Bilbray Hansen Pombo (H.R. 1) to amend the Fair Labor Gingrich Molinari Stump Bilirakis Hastert Porter Standards Act of 1938 to provide com- Goode Moran (KS) Sununu Bliley Hastings (WA) Portman Goodlatte Morella Talent Blunt Hayworth Pryce (OH) pensatory time for employees in the Goodling Myrick Tanner Boehlert Hefley Quinn private sector, pursuant to House Reso- Goss Nethercutt Tauzin Boehner Herger Radanovich lution 99, he reported the bill back to Graham Neumann Taylor (MS) Bonilla Hill Ramstad Granger Ney Taylor (NC) Bono Hilleary Regula the House with an amendment adopted Greenwood Northup Thomas Brady Hobson Riggs by the Committee of the Whole. Gutknecht Norwood Thornberry Bryant Hoekstra Riley The SPEAKER pro tempore. Under Hall (TX) Nussle Thune Bunning Horn Rogan Hansen Oxley Tiahrt Burr Hostettler Rogers the rule, the previous question is or- Harman Packard Upton Burton Houghton Rohrabacher dered. Hastert Pappas Walsh Buyer Hulshof Ros-Lehtinen Is a separate vote demanded on any Hastings (WA) Parker Wamp Callahan Hunter Roukema amendment to the committee amend- Hayworth Paul Watkins Calvert Hutchinson Royce Hefley Paxon Watts (OK) Camp Hyde Ryun ment in the nature of a substitute Herger Pease Weldon (FL) Campbell Inglis Salmon adopted by the Committee of the Hill Peterson (MN) Weldon (PA) Canady Istook Sanford Whole? If not, the question is on the Hilleary Peterson (PA) White Cannon Jenkins Saxton Hobson Petri Whitfield Castle Johnson (CT) Scarborough amendment. Hoekstra Pickering Wicker Chabot Johnson, Sam Schaefer, Dan The amendment was agreed to. Hostettler Pickett Wolf Chambliss Jones Schaffer, Bob The SPEAKER pro tempore. The Houghton Pitts Young (FL) Chenoweth Kasich Schiff Christensen Kelly Sensenbrenner question is on the engrossment and NOES—210 Coble Kim Sessions third reading of the bill. Abercrombie Cramer Gephardt Coburn King (NY) Shadegg The bill was ordered to be engrossed Ackerman Cummings Gilman Collins Kingston Shaw Allen Danner Gonzalez Combest and read a third time, and was read the Klug Shays Andrews Davis (FL) Gordon Cook third time. Knollenberg Shimkus Bachus Davis (IL) Green Cooksey Kolbe Shuster The SPEAKER pro tempore. The Baesler DeFazio Gutierrez Cox Kucinich Sisisky question is on the passage of the bill. Baldacci DeGette Hall (OH) Crane LaHood Skeen Barcia Delahunt Hamilton Crapo The question was taken; and the Largent Smith (MI) Barrett (WI) DeLauro Hastings (FL) Cubin Latham Smith (NJ) Speaker pro tempore announced that Becerra Dellums Hefner Cunningham LaTourette Smith (OR) the noes appeared to have it. Bentsen Deutsch Hilliard Davis (VA) Leach Smith (TX) Berman Diaz-Balart Hinchey Deal RECORDED VOTE Lewis (CA) Smith, Linda Berry Dicks Hinojosa DeLay Lewis (KY) Snowbarger Mr. GOODLING. Mr. Speaker, I de- Bishop Dingell Holden Diaz-Balart Linder Solomon mand a recorded vote. Blagojevich Dixon Hooley Dickey Livingston Souder Blumenauer Doggett Horn Dooley A recorded vote was ordered. LoBiondo Spence Boehlert Doyle Hoyer Doolittle Lucas Stearns The vote was taken by electronic de- Bonior Edwards Jackson (IL) Dreier Manzullo Stenholm vice, and there were—ayes 222, noes 210, Borski Engel Jackson-Lee Duncan McCollum Strickland Boswell English (TX) Dunn not voting 1, as follows: McCrery Stump Boucher Eshoo Jefferson Ehlers McDade Sununu [Roll No. 59] Brown (CA) Etheridge Johnson (WI) Ehrlich McHugh Talent Brown (FL) Evans Johnson, E.B. Emerson AYES—222 McInnis Tauzin Brown (OH) Farr Kanjorski Ensign Aderholt Bilbray Burton McIntosh Taylor (MS) Capps Fattah Kennedy (MA) Everett Archer Bilirakis Buyer McKeon Taylor (NC) Cardin Fazio Kennedy (RI) Ewing Armey Bliley Callahan McKinney Thomas Carson Filner Kennelly Fawell Baker Blunt Calvert Metcalf Thornberry Clay Flake Kildee Foley Ballenger Boehner Camp Mica Thune Clayton Foglietta Kilpatrick Forbes Barr Bonilla Campbell Miller (FL) Tiahrt Clement Forbes Kind (WI) Fowler Barrett (NE) Bono Canady Molinari Upton Clyburn Ford King (NY) Fox Bartlett Boyd Cannon Moran (KS) Visclosky Condit Frank (MA) Kleczka Franks (NJ) Barton Brady Castle Myrick Walsh Conyers Frost Klink Frelinghuysen Bass Bryant Chabot Nethercutt Wamp Costello Furse Kucinich Gallegly Bateman Bunning Chambliss Neumann Watkins Coyne Gejdenson LaFalce Ganske Ney Watts (OK) Bereuter Burr Chenoweth H1156 CONGRESSIONAL RECORD — HOUSE March 19, 1997 Lampson Murtha Sisisky pieces and the total cost of such mass from the President of the United Lantos Nadler Skaggs Levin Neal Skelton mailings sent by each Member of Con- States; which was read and, together Lewis (GA) Oberstar Slaughter gress be disclosed to the public. with the accompanying papers, without Lipinski Obey Smith (NJ) It also provides for piece and cost objection, referred to the Committee LoBiondo Olver Smith, Adam comparisons based on the number of on Appropriations and ordered to be Lofgren Ortiz Snyder Lowey Owens Spratt addresses that are in each district. printed: Luther Pallone Stabenow Mr. THOMAS. Mr. Speaker, the gen- To the Congress of the United States: Maloney (CT) Pascrell Stark tleman indicated that his amendment Maloney (NY) Pastor Stokes In accordance with the Congressional Manton Payne Strickland included the term ‘‘total cost.’’ By Budget and Impoundment Control Act Markey Pelosi Stupak total cost, notwithstanding what those of 1974, I herewith report one proposed Martinez Pomeroy Tauscher words mean, did the gentleman mean rescission of budgetary resources, to- Mascara Poshard Thompson to include the associated printing and Matsui Price (NC) Thurman taling $10 million. McCarthy (MO) Quinn Tierney production costs of mass mailings such The proposed rescission affects the McCarthy (NY) Rahall Torres as computer time, print costs, paper Department of Energy. McDade Rangel Towns costs, and ink costs? WILLIAM J. CLINTON. McDermott Reyes Traficant McGovern Rivers Turner Mr. CASTLE. Mr. Speaker, if the THE WHITE HOUSE, March 19, 1997. McHale Roemer Velazquez gentleman will continue to yield, my f McHugh Rothman Vento primary concern has been the cost of McKinney Roybal-Allard Visclosky mailing franked mail. I have been a TWENTY-FIFTH ANNUAL REPORT McNulty Rush Waters staunch supporter of reducing the ON ENVIRONMENTAL QUALITY— Meehan Sabo Watt (NC) MESSAGE FROM THE PRESIDENT Meek Sanchez Waxman franked mail appropriation and am Menendez Sanders Weller very pleased by the effort that has been OF THE UNITED STATES Metcalf Sandlin Wexler The SPEAKER pro tempore laid be- Millender- Sawyer Weygand made in recent years to rein in these McDonald Schiff Wise costs, mostly under the gentleman’s fore the House the following message Miller (CA) Schumer Woolsey tutelage. from the President of the United Mink Scott Wynn The cost of mailing franked mail as States; which was read and, together Moakley Serrano Yates with the accompanying papers, without Mollohan Sherman Young (AK) presently reported does not differen- Moran (VA) Shimkus tiate between unsolicited mass mail objection, referred to the Committee on Resources: NOT VOTING—1 and constituent response mail. Thus watchdog groups which report on how Kaptur To the Congress of the United States: much of a Member’s franked mail I am pleased to transmit to the Con- b 1721 budget is used are unable to make this gress the Twenty-fifth Annual Report So the bill was passed. distinction, which I believe is an im- on Environmental Quality. The result of the vote was announced portant one. As a nation, the most important as above recorded. It is the responsibility and obligation thing we can do as we move into the A motion to reconsider was laid on of Members to respond to their con- 21st century is to give all our children the table. stituents, and I think the public sup- the chance to live up to their God- ports this use of taxpayer dollars. Un- given potential and live out their f solicited mass mail falls into a dif- dreams. In order to do that, we must GENERAL LEAVE ferent category. Yet the public has no offer more opportunity and demand more responsibility from all our citi- Mr. GOODLING. Mr. Speaker, I ask way of knowing how much Members zens. We must help young people get unanimous consent that all Members are spending to mail unsolicited mass the education and training they need, may have 5 legislative days in which to mail. This is the issue I was trying to make our streets safer from crime, help revise and extend their remarks and in- address with my amendment. Americans succeed at home and at clude extraneous material on H.R. 1, The other body’s administrative sys- work, protect our environment for gen- the bill just passed. tem makes it easy for that body to re- erations to come, and ensure that The SPEAKER pro tempore (Mr. port its Members’ mailing costs and production costs of franked mail. How- America remains the strongest force MCINNIS). Is there objection to the re- for peace and freedom in the world. quest of the gentleman from Penn- ever, given that the House does not yet have a system set up to do this and Most of all, we must come together as sylvania? one community to meet our challenges. There was no objection. given that production costs were not the target of my amendment, I believe Our Nation’s leaders understood this f that Members should not be required to a quarter-century ago when they launched the modern era of environ- MASS MAILINGS report production costs. Mr. THOMAS. Mr. Speaker, I thank mental protection with the National (Mr. THOMAS asked and was given the gentleman because the House does Environmental Policy Act. NEPA’s au- permission to address the House for 1 not yet have a way to capture the thors understood that environmental minute.) printing and production costs. If the protection, economic opportunity, and Mr. THOMAS. Mr. Speaker, I seek purpose of the gentleman’s amend- social responsibility are interrelated. this time to engage the gentleman ment, as stated, is to disclose to the NEPA determined that the Federal from Delaware in a colloquy in regard public the mailing costs of mass Government should work in concert to his amendment on the fiscal year mailings, that can easily be accom- with State and local governments and 1997 appropriation bill that discloses plished. citizens ‘‘to create and maintain condi- the costs of mass mailings. I thank the gentleman for his clari- tions under which man and nature can I yield to the gentleman from Dela- fication as well as for his efforts in re- exist in productive harmony, and fulfill ASTLE) for purposes of clari- ware (Mr. C forming the use of the frank. the social, economic, and other re- fication of his amendment. quirements of present and future gen- f Mr. CASTLE. Mr. Speaker, I thank erations of Americans.’’ the gentleman from California for b 1730 We’ve made great progress in 25 years yielding to me. as we’ve sought to live up to that chal- My amendment provides for greater PROPOSED RESCISSION OF BUDG- lenge. As we look forward to the next disclosure of franked mass mail costs ETARY RESOURCES AFFECTING 25 years of environmental progress, we than is currently provided. It requires THE DEPARTMENT OF ENERGY— do so with a renewed determination. that the statement, ‘‘this mass mailing MESSAGE FROM THE PRESIDENT Maintaining and enhancing our envi- was prepared, published and mailed at OF THE UNITED STATES (H. DOC. ronment, passing on a clean world to taxpayer expense’’ be printed on each 105–57) future generations, is a sacred obliga- mass mailing. It requires that on a The SPEAKER pro tempore laid be- tion of citizenship. We all have an in- quarterly basis the total number of fore the House the following message terest in clean air, pure water, safe March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1157 food, and protected national treasures. end in Hershey with many excellent Mr. SKAGGS. The gentleman’s point Our environment is, literally, our com- ideas. Those are going to be reviewed is very well made. There have been mon ground. and vetted and scrubbed and we hope some who have wanted to misconstrue WILLIAM J. CLINTON. then produced as recommendations our efforts in this regard as somehow THE WHITE HOUSE, March 19, 1997. coming out of the continuing work of getting rid of disagreement, which f the planning committee, that I hope could not be further from the truth. now can be called an execution com- We recognize, I think, that represent- SPECIAL ORDERS mittee. We have met once since the ing this big country of ours—— The SPEAKER pro tempore (Mr. weekend and will be meeting again. The SPEAKER pro tempore. The gen- MCINNIS). Under the Speaker’s an- Among the things we have already tleman’s time has expired. nounced policy of January 7, 1997, and put in place, and Members will be ad- Mr. SKAGGS. Mr. Speaker, I ask under a previous order of the House, vised of this by correspondence to their unanimous consent for 1 additional the following Members will be recog- office, is a briefing on the retreat, the minute. nized for 5 minutes each. evening of April 16, from 5 to 7 p.m., The SPEAKER pro tempore. That re- quest may not be entertained by the f downstairs in HC–5, where we hope our colleagues who were not able to attend Chair. The gentleman’s time has ex- The SPEAKER pro tempore. Under a pired. previous order of the House, the gen- the weekend, and their spouses, if at all possible, can join many of us who Mr. SKAGGS. Mr. Speaker, if I may tleman from Florida [Mr. CANADY] is finish this one sentence. recognized for 5 minutes. were there and our spouses for an op- portunity to review some of what went The SPEAKER pro tempore. The gen- [Mr. CANADY of Florida addressed on that weekend, to take a look at a tleman’s time has expired. the House. His remarks will appear video that is being compiled of the f hereafter in the Extensions of Re- opening session, which included re- ORDER OF BUSINESS marks.] marks by the Speaker and the Demo- f Mr. CHAMBLISS. Mr. Speaker, I ask cratic leader, as well as a truly inspira- unanimous consent to take the place of A SUCCESSFUL BIPARTISAN tional talk by the historian David my colleague, the gentleman from Col- McCullough. RETREAT orado, [Mr. MCINNIS], in the 5-minute We will have a time for socializing a The SPEAKER pro tempore. Under a rotation today. bit, as well as dealing substantively The SPEAKER pro tempore. Is there previous order of the House, the gen- with what went on in the weekend at tleman from Colorado [Mr. SKAGGS] is objection to the request of the gen- Hershey and what our hopes are for tleman from Georgia? recognized for 5 minutes. carrying forward in very concrete Mr. SKAGGS. Mr. Speaker, I think There was no objection. terms the many, many good ideas that f we have established a bit of a tradition came out of that weekend. by now that when those of us that have Mr. Speaker, I yield to my good LOCKHEED MARTIN TO ROLLOUT been involved in putting together the friend, the gentleman from Illinois F–22 ON APRIL 9 IN MARIETTA, GA bipartisan retreat in Hershey are here [Mr. LAHOOD], for any comments he Mr. CHAMBLISS. Mr. Speaker, I to talk about that, we will make the might wish to make at this point. yield to the gentleman from Colorado, symbolic gesture of going to the other Mr. LAHOOD. Mr. Speaker, I thank [Mr. SKAGGS]. podium and talking to our colleagues the gentleman, and I too want to add Mr. SKAGGS. Mr. Speaker, I thank on the other side of the aisle, in part. my thanks to all of those who worked the gentleman very much for yielding. It has been interesting in the days so hard on making the retreat possible, Just to complete the thought with since the weekend in Hershey to notice including the Pugh Charitable Founda- my friend from Illinois, we just wanted how many references have been made tion, the Aspen Institute, and the Con- to make sure that folks understand to the retreat to Hershey, to civility, gressional Institute. Those folks con- that our purposes are not to eliminate both in debate on the floor and in the tributed mightily to making our week- disagreements, which are inevitable, committee hearings that I have been a end a success. given the strongly held views that we part of. I hope that is good evidence of But in large measure it was success- have on the many important issues fac- things sort of taking seed, anyway. I ful because of the Members who came, ing the country. know we have a great deal of work to the 200 Members, about equally divided What we do believe is that we can re- do to make good on the beginnings between Republican and Democratic place what was becoming ever more that occurred at the retreat at Her- Members, and then about 150 spouses sour debate among us with healthy de- shey, PA. and 100 children, and the weekend was bate which will live up to the expecta- Before getting into a little bit of a success because of the fact that Mem- tions that I think the country and we that, I just want to recognize and ex- bers took the time to come. The kind hold for this institution. press my deep thanks to all that were of encouragement that Members have Mr. CHAMBLISS. Mr. Speaker, re- involved in planning the weekend; my been exhibiting to carry on the sugges- claiming my time, I rise today to cele- cochair, the gentleman from Illinois tions that were made at the weekend I brate what I think is going to be a very [Mr. LAHOOD], and the other members think means a great deal. historic moment in the national secu- of the planning committee that worked I hope that our group can get to- rity of this country. On April 9, 1997, in literally for months and months and gether and come up with some rec- Marietta, GA, at the Lockheed Martin months together, a gratifying experi- ommendations. I think many of the plant we will have the rollout of the F– ence in its own right, to put together recommendations have a great deal to 22. with the help of some great outside ex- do more with running the House, the I rise today along with my colleague perts a plan for the weekend. institution of the House, how to make from the 7th District of Georgia, [Mr. Those colleagues included the gentle- it more effective in the sense that peo- BARR], to talk about this historic event woman from North Carolina [Mrs. ple have a chance to debate, knowing and to say that it marks the dawn of CLAYTON], the gentleman from Califor- that there are going to be differences, air dominance for the United States of nia [Mr. DREIER], the gentlewoman there are going to be partisan and po- America in the 21st century. The F–22 from Missouri [Mrs. EMERSON], the gen- litical differences, but in reality when will be the fighter for the United tlewoman from Florida [Mrs. FOWLER], we leave the floor and the vote has States of America in the future. the gentleman from Texas [Mr. been cast people will continue to talk The F–22 contains three major char- HINOJOSA], the gentleman from New to one another and carry on discus- acteristics that will allow the United York [Mr. HOUGHTON], the gentleman sions beyond the House floor, and it States of America to maintain the air from Ohio [Mr. SAWYER], and the gen- does not relegate itself to the extent dominance that we have been able to tleman from Texas [Mr. STENHOLM]. that Members will not carry on con- maintain in every major conflict over As I think most of our colleagues are versations after they leave the House the last 40 years. Those three at- aware, we came away from the week- floor. tributes, those three assets, are: H1158 CONGRESSIONAL RECORD — HOUSE March 19, 1997 stealth, integrated avionics, and super- ly did not have time to do at the re- will remember the right phrases but cruise. treat itself. whether we will turn words into prac- Folks, this is one heck of an airplane What I would like to do today is to tice when we feel wrongly treated or that Lockheed Martin has put to- share with my colleagues in substance fear for our freedom or security. It is gether, and I rise today with my friend an article that was published 9 years particularly difficult when we see oth- from Marietta to celebrate this his- ago in The Atlantic. It was the cover ers in the public or private sector ap- toric moment. story. It was entitled ‘‘Why Study His- pear to flout every value that we would Mr. Speaker, I yield to the gentleman tory?’’ It begins with a recollection of hold highly for one another. The from the 7th District of Georgia [Mr. the election of 1892, over a century ago, chances for democratic principles to BARR]. in which the author, Paul Gagnon, de- survive such crises depend on the num- Mr. BARR of Georgia. Mr. Speaker, I scribes the election as one of exchanges ber of representatives and indeed the thank my distinguished colleague from between Grover Cleveland and Ben- number of citizens who remember how the 8th District for yielding. The gen- jamin Harrison, which were notably su- free societies have responded to these tleman from the 8th District has been perficial, sometimes unsavory, and kinds of times in the past, how we have a very, very strong and consistent sup- avoided most of the toughest questions acted to defend ourselves and emerge porter of our military, and particularly facing America at the time. from the bad times. Citizens need to recognizes the need to maintain air su- It probably sounds familiar to many tell one another, and we need to tell periority and air dominance well into Americans. Cleveland and Harrison one another, and we need to tell those the next century, a role which the were not simpletons, but like most po- that we represent before it is too late United States of America has not for- litical leaders, as the author points what struggles have had to be accept- saken since the early days of World out, they knew more than they dared ed, what sacrifices borne and comforts War II. to say and worried more than they given up, to preserve freedom and jus- As the gentleman has indicated, the dared to show. tice. F–22 fighter, which I am very proud to The Committee of Ten, organized in I can think of no single commentary say is being assembled in the 7th Dis- that year to elevate the level of public that more completely strikes the rec- trict of Georgia at the Lockheed Mar- debate, put civic education at the top ognition that we faced in Hershey, that tin facility at Dobbins Air Reserve of the school agenda because they saw it will not solve all of our problems of Base in Marietta, GA, is the aircraft a need to raise the level of political de- personal acrimony within the Con- that will do that. bate in the country. gress, but it was never intended to do The roll-out that the gentleman men- We still need to do it. Not much has that. The retreat helped remind us that tioned on April 9, Wednesday, is some- changed since then, and it was that we can disagree with one another on thing that I and my colleagues hope which was a motivator behind the re- matters of philosophy and belief while will be witnessed by Members through- treat itself. treating one another with respect per- out this Chamber as well as from the The author pointed out in that arti- sonally. There will always be partisan Senate. This truly will be an historic cle in 1988 that it takes a real under- differences, there should always be par- event, witnessing the rollout of this standing, a bone-deep understanding of tisan differences. unique aircraft. democracy, to know how hard it is to The retreat was not intended to end This aircraft, as the gentleman from preserve civilization or to better them, but really to serve as a starting the 8th District has indicated, not only human life. And in describing what it point, to build understanding among will fly faster than anything out there takes, he touched on the kind of thing Members of the House and understand- today, it will have stealth capabilities that I think we need to understand as ing that each of our personal outlooks that go far, far beyond any aircraft in a product of the retreat we undertook. has validity. Even if they do not agree, any country in the world, and it has As he pointed out, the kind of work it will help reduce tensions. It is a the capability of delivering weapons we do is difficult because it asks people baseline from which to build and the systems before the enemy, whether it to accept the burdens of living with dialog that began in Hershey has pro- is an aircraft or land installation, even tentative answers and with unfinished vided the foundation for the rebuilding knows that aircraft is there. As a mat- and often dangerous business. It asks of civility within the institution, to ter of fact, they will probably never us to accept costs and compromises, to understand where we all have been and know what hit them with the F–22. take on responsibilities as eagerly as where we all are going. I appreciate again the work that the we claim rights, to honor the interests Mr. STOKES. Mr. Speaker, I want to thank gentleman from the 8th District has of others while pursuing our own, to re- our distinguished colleagues, Congressman done in working in his position on the spect the needs of future generations, DAVID SKAGGS and Congressman RAY Committee on National Security to en- to speak the truth and do the right LAHOOD, for reserving this special order. I was sure the appropriate funding and devel- thing when falsehood and the wrong among Members of this legislative body who opment of this most unique aircraft. thing would be more profitable, and traveled to Hershey, PA, earlier this month for Mr. CHAMBLISS. Mr. Speaker, I generally to restrain our appetites and the bipartisan congressional retreat. I am thank the gentleman, and I wish to expectations. All this while working to pleased to share the success of this undertak- congratulate Lockheed Martin for the inform ourselves on the multiple prob- ing with my colleagues on both sides of the superb job they have done in the devel- lems and choices of our Nation. aisle. opment of this airplane. In short, the bipartisan congressional retreat b 1745 I also wish to congratulate the U.S. provided us with the opportunity to engage in Air Force for the work that they have It is easy enough to lay out these candid discussions of how we can improve the done in moving this project forward. kinds of wholesome values when things working environment of the House. We fo- Mr. Speaker, we look forward to are going well, to remember the atti- cused on how Members currently deal with dif- April 9. tudes that we learned in classroom les- ferences of opinion and how improvements f sons and repeat over and over through- can be made in this area. out our lives, and it is not even so hard Mr. Speaker, in my opinion, this was the fin- CIVILITY AND THE BIPARTISAN to practice them provided that a cer- est retreat that the House of Representatives RETREAT tain level of morale prevails. There is has held during my entire tenure in Congress. The SPEAKER pro tempore. Under a no trick to virtuous behavior when While we are accustomed to having House previous order of the House, the gen- things are going well. Most people will Democrats gathered for retreats and Repub- tleman from Ohio [Mr. SAWYER] is rec- hold ethical attitudes, without much licans holding separate retreats, I can say that ognized for 5 minutes. formal instruction when they feel the Hershey retreat was truly bipartisan. More Mr. SAWYER. Mr. Speaker, I come to themselves to be free, secure, and just- than 200 Members of the House, and an join my colleagues today who are tak- ly treated. equal number of family members were in at- ing this opportunity to speak on behalf The truly tough part of all of this is tendance at the Hershey retreat. In my case, of the retreat that took place 10 days to prepare us for the more difficult I was pleased to have my wife, Jay, my ago or so. I do so in a way that we real- times. The question is not whether we daughter and her husband, as well as two of March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1159 our grandchildren, join me at the retreat. The fact, she was pregnant with this little health of the mother could be any- retreat afforded the opportunity for Members gal, Mary. thing, from emotional distress to fi- of Congress, many of whom have only spoken Well, Margie, because of her pro-life nancial distress, to a number of things. to one another in passing, to commune with views and because she believes that life I hope that the American people are one another and have dialog in order to learn is the most sacred thing that could watching tonight as they decide to call more about each other. The retreat provided ever be given from God, said she was and to get active and get involved and our families this same opportunity. When we going to forgo cancer treatments so she call their Representatives, because to- saw our children and grandchildren playing to- would not risk hurting her unborn morrow is the debate, and tomorrow as gether, it encouraged us to come together. child. And so she waited until little we decide, I hope the American people Our bipartisan retreat also included excellent Mary was born and the thyroid cancer will remember Margie Janovich and breakout sessions. The small group setting al- spread. It spread to her breasts and her 9 children and the sacrifice that lowed us to have informal discussions without into her lungs and 18 months later it she made for her little baby, Mary. the uncivility that we have experienced in the eventually took her life. f House. Further, the occasion to have break- But before it took her life, her 9 chil- The SPEAKER pro tempore. Under a fast, lunch, and dinner together provided an dren, Nick and Tina, Jim and Terry previous order of the House, the gentle- opportunity at each session to visit with some- and Mike and Joe and Danny and Andy woman from North Carolina [Mrs. one whom we had not visited with before. By and precious little Mary, experienced CLAYTON] is recognized for 5 minutes. the time we were ready to return home, it was something that few children in Amer- [Mrs. CLAYTON addressed the House. obvious that all who attended the retreat felt a ica experience, and that is a mother Her remarks will appear hereafter in sense of kinship. who not only loved them but gave her the Extensions of Remarks.] Mr. Speaker, those of us who attended the life for them. And someday when her f retreat also came away with a much greater husband Ron sits down to tell little The SPEAKER pro tempore. Under a understanding of the history and traditions of Mary what act of sacrifice and what previous order of the House, the gen- the House. As Members of Congress, we be- her mother did to deliver Mary safely tleman from Tennessee [Mr. WAMP] is long to the finest legislative institution in the into a world, into a country that does recognized for 5 minutes. not value life, I think it will be a story world. All of us have an obligation to treat it [Mr. WAMP addressed the House. His that will touch Mary forever. in that manner. remarks will appear hereafter in the As I think of tomorrow’s debate, and f Extensions of Remarks.] think of the 25 million children we The SPEAKER pro tempore (Mr. have murdered in America because of f MCINNIS). Under a previous order of the convenience, because of choice, I think THE BIPARTISAN RETREAT IN House, the gentleman from Colorado of my conversation with Margie HERSHEY [Mr. MCINNIS] is recognized for 5 min- Janovich 1 week before she passed utes. The SPEAKER pro tempore. Under a away. She always had a smile on her previous order of the House, the gen- [Mr. MCINNIS addressed the House. face, and when I went in to visit her in tleman from Texas [Mr. HINOJOSA] is His remarks will appear hereafter in the hospital she asked me now, are we recognized for 5 minutes. the Extensions of Remarks.] going to have the votes this year to Mr. HINOJOSA. Mr. Speaker, I rise f override a veto on the partial birth today to speak about the bipartisan re- The SPEAKER pro tempore. Under a abortion? She always was thinking treat in Hershey, PA. We came to- previous order of the House, the gen- about how we could protect more lives. gether in an effort to bring greater ci- tleman from Texas [Mr. STENHOLM] is She was always thinking about some- vility to the House of Representatives, recognized for 5 minutes. one else, thinking about her family, and that is exactly what I feel we ac- thinking about her children and think- [Mr. STENHOLM addressed the complished. We wanted to set a tone of ing about the unborn. cooperation and compromise for the House. His remarks will appear here- I had a chance this week on Sunday 105th Congress. We proved that it could after in the Extensions of Remarks.] to go over and see Ron and see the be done. As freshman Representative, f kids, I saw Andy and Danny and Tina. JO ANN EMERSON from Missouri and I It has been a difficult 18 months for MARGIE JANOVICH’S SACRIFICE recruited over 60 percent of the 74 them, but they have experienced some- Members of our 1996 class. We made The SPEAKER pro tempore. Under a thing because of what their mother sure that our young class is included in previous order of the House, the gen- gave that few children in America will the struggle to unite our House of Rep- tleman from Nebraska [Mr. be able to experience, and that is the resentatives. Both of us served as part CHRISTENSEN] is recognized for 5 min- love of a mother for her children. I of the planning team and coleaders of utes. think of the issue of convenience, and I the small group sessions. The partici- Mr. CHRISTENSEN. Mr. Speaker, 1 think of the issue of sacrifice, because pants in planning this event spanned week ago today, we buried a lady from that is really what abortion is all the range of ideological, geographic, my district by the name of Margie about. ethnic and seniority differences. Janovich. The story of Margie It is about a choice, but the choice This diversity was also reflected by Janovich I shared last week with the occurs prior, prior to conception. The those attending the retreat, as evi- American people, a story that she had choice occurs whether or not you are denced by the participation of the struggled with the fight of cancer for 18 going to get into bed with someone. Speaker of the House, NEWT GINGRICH, months, but I wanted to come back The choice occurs far before the issue Majority Leader DICK ARMEY, Minority today and share the story again be- of an unborn life. And Margie Janovich Leader DICK GEPHARDT, and Minority cause it is such a moving story and to- understood this choice. She understood Whip DAVID BONIOR. morrow is the beginning of the debate the choice of life. She understood the Acrimony seemed to be the trade- with the partial birth abortion bill. issue of taking an unborn life, and she mark of the past 104th Congress. Upon Margie’s story, for those of you who decided for her the best thing to do coming to Washington, it was very ap- have not heard, this is a family, Margie would be to protect life. parent to me that the House of Rep- and her husband Joe had 9 children in But even under the partial birth resentatives was at a crossroads and this picture and I do not know, Mr. abortion bill that we are going to be that, more than anything, efforts need- Speaker, if the camera can get a pic- debating tomorrow, Margie could have ed to be made so that we could have a ture of this or not, but Margie was 44 taken the route of an abortion, because level of trust in each other. It was im- years old when she passed away last her life was in danger. So the bill to- perative to strive to achieve this goal week, and Margie died of cancer. She morrow that we are going to be debat- in order to be able to effectively work had been diagnosed with thyroid can- ing would have allowed for that excep- together and, in turn, to be productive. cer, and at the time that Margie was tion. You will hear a lot of rhetoric to- Ultimately, that is what all of our re- diagnosed with thyroid cancer she was morrow about an amendment talking spective constituencies elected us and 51⁄2 months pregnant. As a matter of about health of the mother. But the sent us here to Washington to do. H1160 CONGRESSIONAL RECORD — HOUSE March 19, 1997 On a personal note, I received a letter opened the door for Rosalee. I popped the History teaches us that there is no such this week, and I want to share it be- button for the trunk and I could see him get- thing as a self-made man or woman. We all cause it shows that there are people ting the luggage out. I got out and walked know that. We all know the people who around the back of the car and he looked up out there in the country who believe helped. Teachers, parents, those who set us and said: ‘‘Well, Mr. McCullough, welcome to on the right track, those who gave us a pat that we can do it. It says: Philadelphia; it is wonderful to have you on the back, and when need be, those who My dear friend, Congressman here.’’ And I thought, ‘‘I wonder if he knows have rapped our knuckles. HINOJOSA: me because of my books or because of the History teaches us that sooner is not nec- Thank you for seeing us on Monday. work I do on public television?’’ And so I essarily better; that the whole is often equal I was glad to see you. I must tell you said, ‘‘If you don’t mind, I’d like to know to much more than the parts; and what we that you now have the job for which how you know who I am?’’ And he said, ‘‘the don’t know can often hurt us deeply. If you tag on your suitcase.’’ want to build for the future, you must have you were born. Normally wild horses You can’t but help learn a great deal in could not drag me to any part of that a sense of past. We can’t know where we’re this session and as Speaker Gingrich said, going if we don’t know where we’ve been and government bureaucracy, but knowing this event is unprecedented in the long his- where we’ve come from and how we got to be that you were there somehow made it tory of the U.S. Congress. A gathering like where we are. A very wise historian, who was seem more believable, that real people this never happened before. And how wonder- also the Librarian of Congress—Daniel walk those hallowed halls and were ful that your children are here—the next Boorstin—said that to try to create the fu- going to make a real difference. And generation—some of whom may also be serv- ture without some knowledge of the past is ing in Congress. We have the future with us like trying to plant cut flowers. from what a person reads in the news- too. And we have the past. papers and sees on CNN and C–SPAN, it History is an aid to navigation in troubled Now many people think of the past as times; history is an antidote to self-pity and appears that real people are few and far something far behind, in back of us. It is also to self-importance. And history teaches that between. Isn’t that just the way, they possible to think of it as in front of us, in the when we unite in a grand purpose there is al- tell us all of the bad stuff and none of sense that we’re going down a path that oth- most nothing we cannot do. the good stuff, and I know that there ers have trod before, and some very great Don’t ever forget the great history of your are some fine Congressmen and Con- people; we are in their footsteps. And it is in institution—your all-important institution. that spirit that much of what I have to say All of us, all of us want to belong to some- gresswomen. Keep up the good work. will be said. I want to talk about history; I Keep on representing the common folks thing larger than ourselves. I’m sure it’s why want to talk about purpose, and because you’re in Congress; I’m sure it’s why you de- like us in south Texas. there’s an old writer’s adage, ‘‘Don’t tell me, cided in the beginning, ‘‘I’m going to give up Fondly, your constituent, Phyllis show me.’’ I want to conclude by showing this and do that, and it’s going to be difficult Griggs. you. for my family’’—because you wanted to serve ‘‘We live my dear soul in an age of trial,’’ I want to say that it was a pleasure something larger than yourselves. It’s at the he wrote, in a letter to his wife. In the seclu- to be in Hershey, PA, and to see that heart of patriotism; it’s why we are devoted sion of his diary he wrote, ‘‘I wander alone to our churches, our universities, and, most there is a lot of spirit and enthusiasm and ponder. I muse, I mope, I ruminate.’’ He of all, to our country. to get the job done. was a new Congressman and he was about to Mr. Speaker, I yield to the gentleman With that kind of allegiance—that kind of set off for his first session in Congress. John devotion—we can rise to the occasion in a Adams, heading for his very first Congress— from Illinois. greater fashion than we have any idea. And the Continental Congress in Philadelphia in Mr. LAHOOD. I thank the gentleman we’ve done it time and again, we Americans. 1774—and he was very disturbed, very wor- from Texas for yielding. Think what your institution has achieved. It Mr. Speaker, I wanted to rise and say ried. ‘‘We have not men fit for the times,’’ he was Congress that created the Homestead that one of the highlights of the bipar- wrote, ‘‘we are deficient in genius, edu- Act. It was Congress that ended slavery. It tisan retreat was the speech that was cation, in travel, fortune, in everything. I was Congress that ended child labor. It was delivered by David McCullough, who is feel unutterable anxiety.’’ The next year Congress that built the Panama Canal and a Pulitzer prize winning author and when he returned for the second Continental the railroads. It was Congress that created Social Security. It was Congress that passed historian and contributed so much to Congress he found that the whole atmos- phere had changed. This was after Lexing- the Voting Rights Act. It was Congress that making our retreat so successful. sent Lewis and Clark to the West and sent us Mr. Speaker, I include the remarks of ton, Concord, and Bunker Hill. This was a time of pressing need and America, he de- on voyages to the moon. David McCullough for the RECORD so cided, was a great, ‘‘unwieldy body.’’ Some acts of Congress like the Marshall that for those who did not attend the ‘‘Its progress must be slow, it is like a Plan or Lend Lease, as important as any retreat, they can read the CONGRES- large fleet sailing under convoy, the fleetest events in our century, were achieved under SIONAL RECORD tomorrow and this will of sailors must wait for the dullest and the crisis conditions. But it doesn’t have to be a crisis condition. It can be an ennobling, be a part of the RECORD, so that people lowest. Every man in the Congress is a great man,’’ he wrote, ‘‘and therein is the prob- large, imaginative idea. A big idea. in the future will have a chance to read Much of what has happened in our time has the remarks that he delivered at our lem—an orator, a critic, a statesman, and therefore every man upon every question been determined by outside forces. In the De- retreat, which I think inspired all of us must show his oratory, his criticism, and his pression, the national aspiration—the na- that were there. political abilities.’’ In 1776, in the winter—in tional ambition—was to get out of the De- BIPARTISAN CONGRESSIONAL RETREAT— the dead of winter—with the temperature pression. In the Second World War, the na- PLENARY SESSION SPEAKER down in the 20s, John Adams set off again tional aspiration—the national ambition— didn’t need to be defined, it was to win the (By David McCullough) from Braintree on horseback to ride 300 miles. Nothing unusual then; we think of war. In the Cold War, the national aspiration Well, Amo, you’ve taken my breath away communications and transportation as two was to maintain our strength against the and your invitation to speak here is as high different subjects. In the 18th century, trans- threat of the Soviet menace, but at the same a tribute as I’ve ever received. I feel greatly portation and communication were the time, maintain our open free way of life. honored but also a strong sense of humility. same. Nothing could be communicated any But now the Cold War is over. And outside And I hope it won’t seem presumptuous if I— faster than somebody on a horse. forces are not determining the national am- in what I say today—appear to know your He arrived back in Philadelphia—this is bition. So what is it going to be? job. I don’t. If I can help you in what I say, early in 1776, and bear in mind this was the Because we have the chance to choose. You if I can help the country, then I will be very year of the Declaration of Independence—and have the chance to choose. And as important deeply appreciative of the chance to be here. he wrote: ‘‘There are deep jealousies. Ill-na- as balancing the budget may be, as impor- Your speaker welcomed you to Pennsylva- tured observations and incriminations take tant as restoring civility and law and order nia, I do so too as a Pennsylvanian, by birth the place of reason and argument.’’ Inad- in the cities may be, as important as fourth- and by education and as one who loves this equate people, contention, sour moods, and grade testing may be, or school uniforms, state. There is more history here than al- from his wife, Abigail, John Adams received they aren’t the grand ennobling ideas that most anywhere else in our country. Our most a letter in which she said: ‘‘You cannot be I have been at the heart of the American expe- important, our most sacred historic site— know, nor do I wish to see you, an inactive rience since the time of John Winthrop and Independent Hall—is less than 100 miles from spectator.’’ She wants him to be there for all the ideal of the City on the Hill. where we sit, as the crow flies. And if you it is costing her, for all the difficulties she is And we have the chance to do that. We come to Pennsylvania, you can always learn having, caring for the family and running have the chance to create that—you have the something, at whatever stage in life. the farm. And then she adds, ‘‘We have too chance to do that. There has never been in Last year, Rosalee and I came back to many high-sounding words and too few ac- any of our lifetimes a moment of such oppor- Philadelphia. We pulled up in front of the tions that correspond with them.’’ tunity as now with the Cold War over. And if hotel in a big, shiny, rented car and the 1776. History * * * History is a source of we just lift up our eyes a little and begin to doorman, a handsome fellow in full regalia, strength. History is a source of strength. see what we might be able to do, we too—we March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1161 in our time—could be cathedral builders. We in our Capitol where it would have appro- the criminal who destroyed their lives can be a great founding generation, like the priate attention. I can think of almost no is free to commit the crime again. founding fathers. And what a wonderful up- other line from any of the founders so appro- This is an outrage, and Congress lifting, thrilling, unifying sense of purpose priate, so pertinent, to what you face—what must stop it now. Imagine it was your that can provide. America itself at the very we all face—not just in problems, not just in beginning was a big idea; the biggest idea in personal animosities or contention or rival- 6-year-old son who was sexually mo- the political history of the world. That could ries, but what we face in the way of oppor- lested by a friend you trusted enough happen again. tunity: to be builders as they were. Because to bring into your home. Imagine it John Adams, who was one of the most re- he establishes both a way and a warning: was your wife or sister who was bru- markable of our Founding Fathers and ‘‘We may please ourselves with the prospect tally raped. Imagine it was your 17- whose wife Abigail has left us a record un- of free and popular governments. God grant year-old son who was repeatedly like that of any other spouse of a political us the way. But I fear that in every assem- stabbed to death. These are not hypo- leader of that time, set something down on bly, members will obtain an influence by thetical examples. All of these vile paper in the Spring of 1776 that ought to be noise not sense, by meanness not greatness, better known. It’s called Thoughts on Gov- by ignorance not learning, by contracted criminals were among the 1,000 pris- ernment. It was originally written as a letter hearts not large souls. There is one thing my oners already released from Florida’s to the eminent legal scholar, George Wythe dear sir that must be attempted and most sa- prisons. of Virginia. It was about twelve pages long credly observed or we are all undone. There b 1800 and when other Members of Congress asked must be decency and respect and veneration him for a copy he sat there, by candlelight, introduced for persons of every rank or we The criminals who committed these at night in a room in a house across the are undone. In a popular government this is heinous crimes are now walking free street from the City Tavern in Philadelphia, our only way.’’ due to a U.S. Supreme Court decision copying it all down. And then Richard Henry I salute you all. I salute you as a fellow that creates a so-called constitu- Lee of Virginia suggested that it be pub- citizen, as a fellow American, as the father tionally protected right to gain time, lished. of five children, as the grandfather of nine an early release mechanism created by Keep in mind please that it was written be- children. I salute you as one who has spent a fore the Declaration of Independence. And good part of his working life trying to write Florida officials in 1983 to alleviate listen to the language, listen to the quality some of the history of your great institution. prison overcrowding. History shows of the language, which of course, is the qual- Our country deserves better—from all of that a frighteningly high percentage of ity of thinking. That’s what writing is: us. But we look especially to our leaders as these criminals will molest, murder, thinking. That’s why it’s so hard. we should rightfully do. And there are no and rape again and again. ‘‘It has been the will of heaven that we, the more important leaders than you. We don’t Last month Floridians saw a chilling Member of Congress, should be thrown into expect you to be perfect. We do expect hard existence in a period when the greatest phi- example of what happens when violent work, diligence, imagination, a little humor, felons are released from jail pre- losophers and lawgivers of antiquity would civility, and especially, the sense that there have wished to have lived.’’ Right away, you is really no limitation to what we, a free maturely. Lawrence Singleton was re- see, he’s saying, it is the will of heaven, people, can do. And that, with the grace of leased after serving only 8 years, only there are larger forces than we ourselves, God, and a common sense of purpose, there is 8 years of his 14-year sentence for rap- and he’s applying the moment against the no limit—which has always been at the heart ing a 15-year-old girl, severing her fore- standard of the past: antiquity. It is to a of the vision of America since the beginning. arms, and leaving her for dead. This very large degree, a lesson in proportion. ‘‘A Mr. HINOJOSA. Mr. Speaker, I yield period when a coincidence of circumstances young girl lived. But last month Sin- without an example has afforded to thirteen to the gentleman from Colorado. gleton struck again and murdered a colonies at once an opportunity at beginning Mr. SKAGGS. I just wanted to com- Tampa woman. government anew from the foundation and mend the gentleman in the well and his How many Floridians must die be- building as they choose.’’ New, unprece- colleague from the incoming class, the cause of this absurd U.S. Supreme dented, and they may choose. ‘‘How few of gentlewoman from Missouri, JO ANN Court decision? The whole premise of the human race have ever had an oppor- EMERSON, who made a tremendous dif- gain time is a contradiction. Releasing tunity of choosing a system of government ference in our efforts to plan this un- violent prisoners before they serve for themselves and for their children.’’ And dertaking and see it through to a suc- here is the sentence I dearly love. ‘‘How few their full sentence is just plainly have ever had anything more of choice in cessful conclusion. wrong. A child molester, a murderer, or government than in climate.’’ I think he made the very important a rapist has earned absolutely nothing. He proposed a bicameral legislature. ‘‘A point that no organization as large as For years Florida was known as the representative assembly,’’ he called it, ‘‘an this one is able to get anything done if crime capital of the United States. The exact portrait in miniature of the people at we do not have some minimum level of U.S. Supreme Court has slapped law- large,’’ balanced by a second ‘‘distinct’’ trust in each other, especially across abiding Floridians in the face. smaller legislative body that it may ‘‘check the aisle. You cannot accomplish that That is why Congressmen FOLEY, and correct the errors of the other.’’ Checks and balances. There was to be an executive if you do not spend a little bit of time MCCOLLUM, and I today filed a biparti- whose power was to include the appointment getting to know each other. That was san constitutional amendment empow- of all judges, and command of the armed part of what this retreat was about. It ering States to keep their violent of- forces, but who was to be chosen—and you’ll is primarily not just about good feel- fenders behind bars and allowing the like this—who was to be chosen by the two ings but the fact that without some American people the opportunity to ex- houses of legislature and for no more than a minimal level of trust and mutual re- ercise common sense when our Su- year at a time. spect, we cannot get the country’s preme Court has failed to do so. At the close, he also wrote this—and think about this please, as maybe a clue to what work done, and that is what we are all Our sheriffs can catch them, our the cathedral we build might be. ‘‘Laws for here to do. State attorneys can prosecute them, the liberal education of youth are so ex- f our judges and juries can sentence tremely wise and useful that to a humane them, our State legislatures can appro- and generous mind no expense for this pur- FLORIDA’S RELEASE OF VIOLENT priate the money to build the prisons. pose would be thought extravagant.’’ CRIMINALS MARKS SAD DAY But after all, this ridiculous loophole Then after another month or so he sat The SPEAKER pro tempore. Under a sets these violent people free. down and wrote a letter to a friend back in previous order of the House, the gen- Something is dramatically wrong Massachusetts, a fellow son of Liberty. April, 1776. Carved into a mantelpiece at the tleman from Florida [Mr. WEXLER] is when a technicality and interpretation White House, in the State Dining Room, is recognized for 5 minutes. by judicial decree overrides good sense, the prayer—the wishful prayer taken from a Mr. WEXLER. Mr. Speaker, today is good judgment, and good government letter Adams wrote to his wife Abigail after a very sad day for Floridians and for when as many as 16,000 dangerous his second or third night as President in the all Americans. Nearly 1,000 criminals criminals are free to terrorize our White House—the first American to occupy who have committed the most heinous neighborhoods and when the Supreme the White House as President—in which he crimes imaginable have been released Court places the rights of violent says, ‘‘May only wise and honest men rule from Florida’s prisons without serving criminals above the rights of law-abid- here.’’ I offer for your consideration the possibil- nearly their full sentences. Once again ing citizens. ity that what I’m about to read might be the victims and their families will re- The Constitution of the United carved, if not in a mantelpiece, somewhere live the worst nightmare, knowing that States must be changed. H1162 CONGRESSIONAL RECORD — HOUSE March 19, 1997

The SPEAKER pro tempore [Mr. tleman from New York [Mr. HOUGHTON] near Seattle, St. Stephen the Martyr MCINNIS]. Under a previous order of the is recognized for 5 minutes. Roman Catholic Church, and let me House, the gentleman from Illinois Mr. HOUGHTON. Mr. Speaker, before just read a little bit about it because [Mr. LAHOOD] is recognized for 5 min- I talk I yield to the gentleman from this is sort of the genesis of what we utes. Pennsylvania [Mr. GEKAS]. were doing out there. Mr. GEKAS. Mr. Speaker, I simply [Mr. LAHOOD addressed the House. It said: ‘‘Dear Congressman, as the His remarks will appear hereafter in want to state that with regard to the new term of office begins it is our de- the Extensions of Remarks.] recent retreat at Hershey, two things: sire that all of our elected leaders First, while my colleagues were enjoy- f strive to work together.’’ ing a retreat, I was on a work weekend. Now, this was not prompted at all. REFUSE TO SUPPORT LESS PAY That was my district, and my schedule ‘‘Regardless of political alliance, the FOR WORKERS called for me to meet a group of tour- potential for stalemate and impotence The SPEAKER pro tempore. Under a ists from Washington, DC, and so I did in leadership decisions exists due to previous order of the House, the gentle- my duty. I wanted you to know that I separate party agendas. It is necessary woman from Florida [Ms. BROWN] is worked hard that weekend making sure in the best interests of your country, of recognized for 5 minutes. that you were hosted well. my country, that there be teamwork Ms. BROWN of Florida. Mr. Speaker, But the second notation I want to and compromise and strength of pur- H.R. 1 is a disgrace to American work- make is that universally with every pose. You are paid by us. We expect ers. In the last several days workers member of the Hershey staff, waitress, you to behave with dignity and integ- from all over my district have come to busboy, every single person who rity.’’ Washington to ask me to vote against worked there and who dealt with the Now, I am not going to read the rest this bill. Those working constituents Members of Congress and their fami- of this letter, but you get the gist of it. do not want their pay reduced by a lies, the mood and the comment was I mean, these people are involved right absolutely unanimous to the effect Congress out of touch with the Amer- here with us every day. They see us, that they were met with courtesy on ican work force. they send us here, they expect us to Let me repeat that. Those working the part of the Members and their deal in the same manner that they constituents do not want their pay re- spouses and their children, that every- would deal with their parishioners, or body was well behaved, that the re- duced by a Congress out of touch with with their family or with their fellow quests were all met handily. In short, the American work force. citizens, and that is why this thing was they were glad to have the Members of Mr. Speaker, a vote for this bill is a so special. vote for a pay cut for the workers. Congress and their families at the re- Let me just say one other thing. I H.R. 1, the Working Family Flexibil- treat at Hershey. had a wonderful opportunity this For me it was a good exercise in ity Act of 1997, is also known as the morning to go down to the Mall and see doing my job, but more than that, it pay reduction act. Today millions of the opening of the World War II memo- was good to see all of the Members at workers depend on overtime pay just to the resort area in Hershey. rial. Bob Dole was there, the first pub- feed their families and keep a roof over Mr. HOUGHTON. Mr. Speaker, the lic appearance I think he has made their heads. How cruel to consider this gentleman from Pennsylvania did his since the election. He gave an enor- overtime pay as optional. Today too job well, as did Governor Ridge. It was mously effective and emotional speech, many people depend on overtime pay to an honor and a pleasure to be with and I hope that other people will be survive. Their survival is not optional. him. Thanks very much. Maybe New able to read it or listen to it. One of Mr. Speaker, it is employers, not em- York will be the hospitable State the the things he said is that ‘‘you know ployees, who get greater flexibility next time we have a meeting. we here represent young people who from this bill. This bill does not con- Mr. Speaker, my friends, I would like died for a future they will never real- tain necessary safeguards to ensure to talk just a second about the biparti- ize.’’ that the employee decision to accept san retreat. It was a wonderful experi- You know, I just thought of that be- comptime is truly voluntary. The over- ence. I am not going to duplicate the cause of the responsibility it puts on time provision in the Fair Labor comments that my bosses, the gen- all of us. Here were those young people Standards Act protects workers from tleman from Colorado [Mr. SKAGGS], in with World War II, as there have excess demands, from overtime work, the gentleman from Illinois [Mr. been in other wars, who risked their and by requiring a premium pay for LAHOOD] and the gentleman from Ohio lives, lost their lives for a future they overtime provides an incentive for [Mr. SAWYER] have mentioned, but I would never be able to experience businesses to create additional jobs. would just like to add one or two com- themselves. There is no doubt that the American ments to something which was really I It gives us a tremendous sense of ob- workers prefer pay for their overtime think really a definitive moment in the ligation to do what is right here, and work instead of comptime. A recent history of this Congress. so I was proud to be a part of this expe- poll by Peter Hart found that the Here we were, 220 of us, approxi- rience. I hope it is not a flash in the American worker prefers pay for their mately 550 people up there, talking as pan. I hope it will continue. I hope the overtime instead of comptime by a we should talk, talking to citizens, whole spirit of Hershey will be a spirit margin of 64 to 22 percent. Unfortu- talking as concerned citizens. Maybe that we can look back on and say it nately too many workers do not get one of the most impressive things as was well worth our while. paid for overtime. The Employment far as I am concerned was the inclusion f Policy Foundation, a think tank sup- of the spouses. You know, many times ported by employers, estimates that life, whether it is in politics or busi- COMPTIME/CHUMPTIME BILL workers loose $19 billion a year in over- ness, whatever it is, it is sort of a solo The SPEAKER pro tempore. Under a time pay due to violations of the Fair act; but here we were as families talk- previous order of the House, the gentle- Labor Standards Act. Why should we ing and expressing ourselves and shar- woman from Georgia [Ms. MCKINNEY] is give managers more control and give ing ideas. It was enormously healing. recognized for 5 minutes. workers less money? A worker who was You know bit by bit, whether it is Ms. McKINNEY. Mr. Speaker, I want- forced by management to take comp- again in a family or a business or ed to come to the floor this evening be- time instead of overtime pay is being something else, we sort of drift apart, cause I wanted to talk about the bill required to take a voluntary pay cut. and all of a sudden we realize that this that we just passed here, H.R. 1, the Mr. Speaker, I refuse to support less thing has been apart and we are look- comptime bill, flexibility time bill, pay for workers. ing down into a chasm. We have got to what the gentlewoman from California f pull it back together, and I think that [Ms. WOOLSEY] called the chumptime is what happened: Very, very impor- bill. SUCCESS AT HERSHEY tant. I would first like to commend CBS The SPEAKER pro tempore. Under a I got a letter prior to going there Evening News for their March 18 Eye previous order of the House, the gen- from some people out in Washington on America story reported by Sandra March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1163 Hughes. I called CBS and requested a than 12,000 companies were fined a leagues, many of whom I had never met transcript because I want to read that total of $100 million for not paying em- before, even though I had seen them transcript now. ployees for all the hours they worked.’’ passing in the hall. The event was well The opening shot, for those who did Etta Williams ends by saying, ‘‘It is planned and well organized. Discussion not see it, was a door opening and a not only stealing from me, they are group leaders were extremely helpful, woman by the name of Etta and her taking away from my children too,’’ and the sessions were productive. It family walking out, and a narrator which is why Etta Williams decided, in was wonderful to see so many of my says: ‘‘Just after dawn, just east of order to protect her family, she was colleagues together with their families. Charleston, the daily struggle begins going to have to stand up for herself. The presentation by Dr. McCullough, for Etta Williams.’’ And Etta sees her Now, the bill that we passed today a great scholar, a great writer, was ex- kids off to school, and a narrator says: has very real implications for the mil- tremely revealing and very provoca- ‘‘Even though she was working up to 60 lions of Etta Williamses that are out tive, because I have been here 4 years hours a week as a cook at the local there across this country, and for the and that was the first time I heard a Pizza Hut, Etta says she had to go on benefit of my constituents, I want to scholarly approach to the historical food stamps to feed her family because make it clear to them what this is perspective of this House. her manager was not paying her for all about. He gave us a reason to feel that we the hours she worked.’’ This bill is not family legislation and should be proud of all of the merits Etta says: ‘‘They go in, they take it needs to be vetoed by the President. that perhaps the American public does not realize as to what this House has your hours, they delete it from your f pay.’’ done. He did it in such a way, he did The SPEAKER pro tempore. Under a not pander to us, he dealt with facts The narrator says: ‘‘This minimum previous order of the House, the gentle- wage mom has joined a dozen other em- and said we should be very proud. I woman from Missouri [Mrs. EMERSON] think that proudness, Mr. Speaker, ployees suing Pizza Hut saying the is recognized for 5 minutes. company deleted countless hours from coming from each one of us, would cer- their weekly paychecks.’’ [Mrs. EMERSON addressed the tainly inhibit some of the incivility we Etta Williams continues: ‘‘It is steal- House. Her remarks will appear here- have seen on the floor. Will it increase civility on the floor? ing from the poor, stealing, and they after in the Extensions of Remarks.] I think it will. I think it improved the are getting rich off of it.’’ f respect that we have for each other. I The narrator says that we tried to BIPARTISAN RETREAT IN think it gave us a strong perspective of talk to her manager at Mount Pleas- HERSHEY A SUCCESS why the House is so important and why ant, SC, Pizza Hut, and the employees our decisions that we make here every called the police. The SPEAKER pro tempore. Under a day are very important and how they Then there is a segue to Gregg previous order of the House, the gentle- benefit the people of this country. Dedrick who is a senior vice president woman from Florida [Mrs. MEEK] is recognized for 5 minutes. The design of the workshop was su- eloquently situated in a nice plush of- perlative. It was not thrown together. fice, and he says: ‘‘I would say it is un- Mrs. MEEK of Florida. Mr. Speaker, I am one of the fortunate Members of It had goals, it had objectives, it had fortunate she feels that way. I think ways to reach the goals that we sought we are a fair employer, we want to pay the House of Representatives who got the unique opportunity of attending so well. It had an evaluation so that we people a fair day’s pay for the work could say to the committee, that is they do, and we have processes in place the bipartisan retreat. I must admit, Mr. Speaker, when I was initially in- what we saw this year; when you have to resolve those discrepancies.’’ this again, maybe these are some im- The narrator then says: ‘‘But a vited, I felt, well, this will be just an- other feel-good session, or it will just provements that we would like to see. former manager at a Pizza Hut in I think it was a very, very good use Walterboro, SC, told us a far different be another one of these innocent, well- designed things that would lead to fail- of the money of the people who spon- story. ‘‘Pam Chapman is that former sored it. It was a team-building kind of ure. manager who says: I have to live with device. Industry and business, they I want to say, Mr. Speaker, that it this. The thought of going and taking know how to do these kinds of things, was not. It was tremendously success- hours actually stealing from the em- that is, to take you away from the ful. I am an experienced educator and ployees.’’ workplace and have you face your col- an experienced civic-minded person. I Pam Chapman admitted that every leagues, to have you dialog and to have have been on many retreats. In my week she entered the computer and de- you meet each other’s families. I think opinion, this was one of the better ones leted hours from workers’ payroll. Pam this Congress as an institution could that I have been fortunate enough to Chapman says: ‘I have been through 3 take a lesson from business and indus- attend. previous managers and every last one try, and this retreat did that. It cre- of them did the same thing.’’ First of all, I think that it is time ated that kind of team-building. Then CBS concludes the story by the House of Representatives realized There were many good readings saying all of this comes on the heels of that it does take getting away from which I liked very much. They sent a CBS news investigation into similar the 435 seats that we sit in on the floor each one of us some pre-readings, and if allegations at Albertson’s grocery of this House, many times. It takes we read it, it set the tone of what we stores. In that report which was played that because the institution itself has were there for, and they had research as a recent Senate hearing on overtime divided us geographically from the way studies that showed. So it was not just workers in four States who are suing we sit on this floor. This retreat did a a fun thing, even though we did have the grocery store chain claimed they lot. fun, but it was based on very sound re- were cheated out of millions of dollars I want to commend my colleagues, search, and we had very good scholars in back pay. the gentleman from Colorado [Mr. and good speakers behind it. SKAGGS], the gentleman from Illinois It was issue-oriented, family-friend- b 1815 [Mr. LAHOOD], the gentleman from New ly. It just did me proud as a grand- Jenni Perry was a bookkeeper. Jenni York, [Mr. HOUGHTON], the Speaker of mother to see the families there with says, ‘‘I was told by my store director the House, the gentleman from Georgia their children and the children enjoyed to change, falsify, whatever you want [Mr. GINGRICH], the minority leader, it so much. Was the retreat good? Yes. to call it, time cards.’’ the gentleman from Missouri [Mr. GEP- Was the retreat successful? Yes. The Then CBS goes on to say, ‘‘We won- HARDT], and the gentleman from Ohio retreat gave us an objective or an out- dered just how common these kinds of [Mr. SAWYER]. Because of the efforts come that it would take us years to wage complaints are, so we asked the they put forth in planning this and reach if we had not moved out of these United States Department of Labor. making it happen, we owe them a debt 435 seats. They sent us this, and it was a great of gratitude. So I want to say to the people who big, huge book, a printout, really, I welcomed the opportunity to meet sponsored it, we want it repeated again about this thick. Last year alone, more outside of work with many of my col- next year. It was the best. H1164 CONGRESSIONAL RECORD — HOUSE March 19, 1997 The SPEAKER pro tempore. Under a I am convinced that abortion is the chest struggling for a first breath by previous order of the House, the gen- most important issue of the 20th cen- aspirating the infant’s brain is, to tleman from Georgia [Mr. KINGSTON] is tury. Whether a civilized society treats many of us, an uncivilized, abhorrent recognized for 5 minutes. human life with dignity or contempt and unacceptable procedure. [Mr. KINGSTON addressed the House. will determine the outcome of that civ- Yet, we as a nation, now without a His remarks will appear hereafter in ilization. Supporters for legalization of moral bearing, appear frozen as to the Extensions of Remarks.] abortion in the 1960’s never dreamed it what to do. The debate has boiled down f would come to the debate that we face to this: Should the police be called, or today over this grotesque procedure, should the abortionist be paid a hand- The SPEAKER pro tempore. Under a the partial birth abortion. some fee? previous order of the House, the gen- In determining whether or not this For now, the best we can do is make tleman from Michigan [Mr. SMITH] is country endorses this procedure, we a statement that there is a limit, and recognized for 5 minutes. make a moral statement of the utmost we have reached it. Hopefully some day [Mr. SMITH of Michigan addressed importance regarding the value of there will be enough respect for local the House. His remarks will appear human life. governments to handle problems like hereafter in the Extensions of Re- The legislative approach for abortion this, but we must forcefully acknowl- marks.] is of lesser consequence than the issue edge that the defense of all liberty re- f itself. Abortion regulation, like all quires the respect for all life. PARTIAL BIRTH ABORTION acts of violence, traditionally and f under the Constitution were dealt with The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a locally until 1973 when the courts chose previous order of the House, the gen- previous order of the House, the gen- to legalize nationally the procedure. tleman from Texas [Mr. PAUL] is recog- tleman from Virginia [Mr. WOLF] is Removing the issue from the jurisdic- recognized for 5 minutes. nized for 5 minutes. tion of the Federal courts so States Mr. PAUL. Mr. Speaker, tomorrow could deal with all of the problems sur- [Mr. WOLF addressed the House. His we will vote on the very important rounding abortion would be more in remarks will appear hereafter in the issue of partial birth abortion. I would line with the traditional constitutional Extensions of Remarks.] like to address that subject for a few approach to government. Obviously, all f minutes. I have practiced obstetrics funding by any government ought to be The SPEAKER pro tempore. Under a and gynecology for more than 30 years prohibited in a society that pretends to previous order of the House, the gen- and have delivered thousands of babies. protect human life and defend individ- tleman from Utah [Mr. HANSEN] is rec- I have never needed to, nor have I ual liberty. ognized for 5 minutes. known of any circumstance where the It is now a worn-out cliche that abor- [Mr. HANSEN addressed the House. partial birth abortion procedure was tion is defended in the name of wom- His remarks will appear hereafter in necessary for the health of the mother. en’s rights and freedom of choice. But the Extensions of Remarks.] Quite to the contrary, it is my most claiming to protect the freedom of one f sincere conviction that the procedure individual can never be an excuse to itself is quite dangerous to the mother. take the life of another. Life and lib- DISCRIMINATION: TWO WRONGS When it was first said by the right- erty are never in conflict. Life and con- DO NOT MAKE A RIGHT to-life advocates that this procedure venience may well be. The inconven- The SPEAKER pro tempore. Under a was being done frequently, I was reluc- ience and responsibility of caring for a previous order of the House, the gentle- tant to believe this possible, consider- hungry, crying baby at 3 a.m. never woman from Florida [Mrs. FOWLER] is ing its danger and its grotesque nature. justifies baby killing, nor is an incon- recognized for 5 minutes. It was only after the admission by the venient baby in the womb a justifica- Mrs. FOWLER. Mr. Speaker, the de- proponents of abortion that, indeed, it tion for its elimination. bate over affirmative action is not was done frequently, and on healthy For those who cry out for choice, let about whether discrimination exists in babies, that I was willing to consider me point out that someone must speak America today, because we all know that we had slipped to the point where out for the small, the weak, and the that it does. The debate is over wheth- this operation is promoted as an ac- disenfranchised so their choice for life er granting preferences based on race ceptable medical procedure. is heard. or gender is the way to eliminate that The notion that this procedure No one in this body can challenge me discrimination. should be available for the protection on my defense of personal choice in all Webster’s defines discrimination as, of the health of the mother is disingen- social, personal, and economic matters, ‘‘a difference in treatment or a favor uous to say the least. As a physician but I do not accept the notion that on a basis other than individual who encountered inter-uterine fetal choice means the right to take the life merit.’’ Is that not what current af- death in the second and third tri- of a human being. That is a mockery of firmative action programs are all mester, I have never entertained the the English language and truth. about, making decisions based pri- thought of performing this procedure Those so bold who today would argue marily on gender and race? because of the risk to the mother. that choice means not only the killing The central tenet of all affirmative Using the mother’s health as an ex- of the unborn but the partially born as action programs is to give preferential cuse for abortion reminds me of what I well, I say to you, where are you when treatment to someone not based on in- witnessed in the 1960’s as an obstetrical it comes to real choice in economic dividual merit. resident. Physicians defying the law transactions, hiring practices, gun b were using an illegal loophole, saying ownership, use of private property, 1830 that if an individual threatened suicide confiscatory taxing policy, taking per- Individual merit ranks second to con- it was a justification for abortion. It sonal risks, picking schools for our siderations of race or gender. It is clear was a matter of course to make a children, medications and medical pro- that today’s affirmative action pro- phone call and get a commitment from cedures not yet approved by the FDA? grams fit under the definition of the a sympathetic psychiatrist to say yes, Let me hear no more about choice as word ‘‘discrimination.’’ That brings us he would sign the papers, and that is the excuse to kill. Please, with due re- to the crux of this argument: Does it all it took. spect, pick another less offensive word. make sense to fight discrimination It is one thing to defend abortion be- This great debate over life has lasted with discrimination, or do two wrongs cause one sincerely believes it should now for over 30 years, and it took the make a right? be legal, but it is another thing to dis- partial birth abortion procedure to The answer to both, in my opinion, is tort the truth, fudge the statistics, and crystallize vividly exactly what this no. Our country was built on the ideal pretend that it is done for the health of debate is all about. The deliberate kill- of equal opportunity for all, and the the pregnant woman. This should be ing of a half-born infant, with heart original intent of affirmative action exposed for the falsehood that it is. beating, arms and legs flailing, and a programs was to help provide a level March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1165 playing field for those who were not If women and minorities are to be ways that this institution can help pro- getting that opportunity. Unfortu- treated equally, and with respect, too, mote a family friendly agenda. We be- nately, once the Government got hold it is time to stop dividing our country lieve that strong families can make for of it, that program which started out along race and gender lines. Let us get a better America. In that fashion, Mr. with the best intentions became a hire- back to traditional forms of affirma- Speaker, I am happy to yield to the by-the-numbers system involving tive action involving nondiscrim- newest member of our class who joined quotas, set-asides, preferences, numeri- inatory outreach, recruitment, and us after a special election in December. cal goals, and timetables. What has marketing efforts, and empower all I yield to the gentleman from Texas been left out of the equation is the no- Americans by providing equal oppor- [Mr. BRADY]. tion of individual merit, the important tunity in an atmosphere of strong eco- Mr. BRADY. Mr. Speaker, I thank question of, Is this the best person for nomic growth. the gentleman for yielding to me. this job? f Mr. Speaker, at the start of a school Today’s affirmative action programs year, a teacher noticed that one of her harm our society, both by lowering AMERICA’S FUTURE LIES SE- students was particularly well behaved. standards and by leaving the bene- CURELY IN THE HANDS OF OUR Her manner was, in fact, exemplary. As ficiaries of the program to doubt their FAMILIES the weeks went on she noticed even own ability. As a woman, I know be- The SPEAKER pro tempore (Mr. more because it stood out so much in yond a shadow of a doubt that women MCINNIS). Under the Speaker’s an- her class. At one point she finally ap- can compete with any man on an equal nounced policy of January 7, 1997, the proached the young child and asked, playing field. I find the assumption gentleman from Missouri [Mr. Who taught you to be so polite and so that we need preferential treatment in HULSHOF] is recognized for 60 minutes kind-hearted? And the little girl order to succeed insulting. as the designee of the minority leader. laughed and said, really, no one. It Have women had a harder time ad- Mr. HULSHOF. Mr. Speaker, there runs in our family. vancing up the corporate ladder and has been a lot of discussion about what Enduring traits that built America getting access to educational opportu- came out of Hershey, PA. Of course, run in America’s families: That of indi- nities? There is no doubt about that. the tone of civility and discussion vidual responsibility, of caring for your But is affirmative action the way to about civility was probably the pre- neighbors, of contributing to the com- create more opportunities for women, a dominant theme. However, there were munity in which you live and grow up quota here, a set-aside there, or should matters of substance. and work, being involved in your we be focusing on removing the bar- In fact, David McCullough, an award- church, in your Boy Scout troop, help- riers that keep women from advancing winning author, provided some pretty ing to build the community in which and succeeding on their own? inspiring comments for those of us who you live. America’s future lies very se- The Glass Ceiling Commission, start- chose to attend. Mr. McCullough in- curely in the hands of our families. ed by former Labor Secretary Eliza- vited us, really, to take stock of his- This year in the 105th Congress, the beth Dole, takes a second approach. It tory so we could get a perspective of Republican leadership and the Repub- has been tremendously effective. The where we want to go as a Congress and lican Congress will take significant Commission identified the barriers in what agendas we wish to promote. Mr. steps to make a real difference in our the workplace that keep qualified McCullough pointed out that, of lives and in our families’ lives. We will women from moving up the corporate course, back in the 1860’s when Abra- continue to bring the budget into bal- ladder. It then set about working with ham Lincoln was sworn in as Presi- ance, to rein in the IRS, and to lower companies to find ways to remove dent, as our 16th President of this interest rates. We must, because today those barriers, allowing women to ad- country, the national agenda was fo- most of us pay more in taxes than for vance on their own merit and qualifica- cused around the civil strife that our food, clothing, and shelter combined. A tions. country was enduring. balanced budget means lower rates on Much of this process involves chang- Moving ahead in history through the our mortgages, our student loans, and ing long-held beliefs, attitudes, and Great Depression, the national ambi- our car loans, and annual savings of prejudices. Elizabeth Dole created the tion was, of course, to pull ourselves about $857 for a typical American fam- Glass Ceiling Commission from her out of the Depression, as well as with ily. firsthand knowledge of the kinds of World War II and eventually the cold It is also time, and we are going to barriers, both institutional and per- war with the growing Soviet menace. work hard, to restore safety to our sonal, that women face in both aca- All those things had outside forces es- streets and neighborhoods by waging a demia and the workplace. She was 1 of sentially dictating what the national real war on drugs and violent crime. only 24 women in her Harvard law policy was to be. We want parents to be able to spend school class of 550, and I have heard her Mr. Speaker, now that the cold war is more time with their children, so today many times recount the disturbing yet over, I think outside forces no longer we have passed a family friendly work- not surprising comment made by one of are dictating our national agenda. I place policy that Members are going to her male classmates to her on her first think we stand on the verge of a his- hear more about tonight. We will work day of class back in 1962. He said, toric opportunity. I believe it is time, to ensure our children inherit a clean, ‘‘Elizabeth, what are you doing here? Mr. Speaker, that we create a new vi- healthy environment, and receive the Don’t you realize there are men who sion for this country. The newly elect- quality education they need to survive would give their right arm to be in this ed Members of the Republican class of and succeed in this increasingly com- law school, men who would use their the 105th Congress have been speaking petitive world. legal education?’’ out in a positive way about the new vi- We face a lot of challenges, but Not only was this man’s attitude to- sion that we hope to foster in the com- America is blessed with hardworking, ward women at Harvard law school ing months and years ahead. sturdy families. I believe so strongly in wrong, but he was certainly wrong Last week, Mr. Speaker, Members families because my family believes so about Elizabeth Dole using her legal may recall we focused as a class on strongly in me. My dad was killed education. Affirmative action pro- community renewal. We touted real when I was young, and my mom raised grams treat the symptoms. What we life success stories from individual dis- five of us by herself. She taught us by should be treating is the illness itself. tricts that showcased creative ways her example to take responsibility for The problem with just treating the that faith-based charities and private ourselves, to practice our faith each symptoms of discrimination with fur- industries and communities were day, and to give back to the commu- ther discrimination in the form of af- reaching out to the poor and needy, nity in which we live. firmative action is that you make the and ways to help the poor and needy, In our family my mom is a true underlying illness worse. You intensify and ways Government could be a part- American hero. If you look around feelings of resentment and prejudice ner, rather than a parent. your family and around your dinner among the very people from which we Tonight, Mr. Speaker, our class has table, and around the gatherings dur- need to eradicate it. decided to focus on the family, and ing the holiday, and listening on the H1166 CONGRESSIONAL RECORD — HOUSE March 19, 1997 phone when you visit with your family, strengthened our families. As a matter I see the gentleman from Alabama is you will likely see a hero or two whose of fact, I think it has done quite the in the well of the House. I yield to the personal sacrifice is the reason for your opposite. gentleman from Alabama (Mr. RILEY). success and for the success of our coun- In the same sense, these many funds Mr. RILEY. Mr. Speaker, I appreciate try. were spent to strengthen education, the gentleman yielding to me. Tonight, in the next few minutes, we and if we look at our educational sys- As most of my colleagues in the are going to hear from the Republican tem, it has not helped. If we have an freshman class probably realize, prob- freshman Members from across this educational system that is not working ably more than I thought possible, how country, led by our President, who is hardly, are we doing much benefit to important my family is to me and how going to talk about the changes and our families? important it has been to me. One of the improvements we are going to bring to So, I think the opposite of the state- primary reasons I ran for this office the quality of life of America’s fami- ment, freedom is family friendly, I was to protect my family. Primarily, lies. It is important because America’s think big government is not. I do not my first granddaughter. families are the foundation for Amer- believe that if power and responsibility When she was born 2 years ago, she ica, and we can, with their help, we can and authority and responsibility gravi- was $187,000 in debt. Today she is meet every challenge America faces tates here to Washington that it is ben- $200,000 in debt. We must come to- today. eficial to the family. The more freedom gether on both sides of the aisle and Mr. HULSHOF. I thank the gen- we have, the more local options we produce a balanced budget this year, tleman, and I especially welcome him have, the more choice we have for our because we cannot continue to make to our group, and I appreciate very families, I think the better off we are. our children and our grandchildren pay much the leadership that he has taken Obviously, families would have a lot for the debts of our generation. We on this particular issue. I think his more choices if they had a lot less must allow them the opportunity to points are well taken. We have begun taxes, so we have emphasized that as begin life with the same opportunities that road. We have got a great distance well. I think our reducing taxes on that we have. Unfortunately, today working fami- to travel, and we look forward to work- families and giving tax credits for chil- lies across this country gather around ing with the gentleman during this dren would certainly be a great benefit. I would like to bring up very briefly kitchen tables each week and wonder 105th Congress. one subject that is dear to my heart, why they cannot make ends meet. Mr. Speaker, I am happy to yield to because it involves families. It is gen- They wonder why they work longer, the gentleman from Texas [Mr. PAUL], erally believed by many in this country why they have to take second jobs. And another Texan, and I do not know nec- that the women’s movement was the they feel like they are literally run- essarily that Texans have a corner on main reason why women went out to ning in place. Many families have family virtue, but I am happy to yield work. Quite frankly, I think there are given up the American dream that to my friend. a lot of women who were forced to their children will achieve a higher Mr. PAUL. Mr. Speaker, I appreciate work in order to take care of their fam- standard of living than their parents or the gentleman yielding. I am delighted ilies in the best way they can see fit. grandparents. In my opinion, the best the gentleman has called this special This to me was so often a reflection of way we in Congress can help the Amer- order tonight, and I am pleased I can inflation because of the cost of living. ican family is to once and for all bal- participate in it. I believe that eventually we have to ad- ance the Federal budget. Earlier today we had a vote on the dress this subject and deal with it to What will a balanced budget mean to Working Families Flexibility Act. This make sure our families have the great- you and your family? A balanced budg- came out of the committee I had been est opportunity possible that we can et will result in no less than a 2 per- working on, and I was a strong sup- provide for them. cent drop in interest rates. To put this porter of this. We did promote this as a Mr. HULSHOF. Mr. Speaker, I think in perspective, the cost of a $75,000 family-oriented piece of legislation. the gentleman’s points are well taken, mortgage would be reduced by as much As we all know, this piece of legisla- particularly as far as the workplace is as $37,000 over 30 years. A family would tion allows more choices for the family concerned. I think that of course when save $2000 on $11,000 in student loans. in the way they can spend their over- you have two-parent families and both The real beneficiary of a balanced time or their time off. Obviously, this parents are having to work to pay the budget, Mr. Speaker, would be the is a benefit to the families. In one way tax bill, I think what we have done American family. I was a little disappointed that we had today, again, is a step in that direction I guess that is one of the reasons that to go through it, because if we live in as far as helping provide some balance today I cosponsored the Working Fami- a free society it is assumed that you in the workplace with more flexibility lies Flexibility Act, and I want to com- can make these agreements with your for employees, and again, this is just a mend all of those who helped pass this employer, but under the circumstances step, I think, in the right direction. legislation today. This will give the it was not available to many of our I know that the dean of our Repub- private sector employees the same op- families unless we passed this piece of lican delegation, the gentleman from portunity as public sector employees to legislation, so I was delighted we were Missouri, JIM TALENT, who is the chair spend time with their families. By tak- able to do that. of the Committee on Small Business, ing comptime from work instead of During that debate I mentioned that also has measures that he will be ad- overtime pay should they choose to do one of my favorite bumper stickers dressing, like home-based businesses so in this fast paced day and age where says simply ‘‘Legalize Freedom.’’ Any and really promoting ways that home- two-income families continue to rise, time we do that in this Congress, I am based businesses can help balance the families will be able to increase this very pleased. job as well as family responsibilities. valuable time together because of the The other thing I would like to sug- Working Families Flexibility Act. gest, along with our nice title there, b 1845 My commitment to families is also ‘‘Strong Families for a Better Amer- Mr. PAUL. Mr. Speaker, I think it is why I cosponsored H.R. 902, the Family ica,’’ I would like to put a subtitle interesting to note that the workers in Heritage Preservation Act, which will there and say, ‘‘Freedom is Family- the public sector have already had this repeal the estate tax. Most of the fami- Friendly.’’ I think the more freedom right. I think it was only fair that we lies in this country work hard all of we have, the stronger our families are. give this to the individual workers their lives for two reasons: They want We have seen a tremendous effort, throughout the country. to provide a better standard of living sincere efforts, over the past 30 or 40 Mr. HULSHOF. Mr. Speaker, I think for their own families, and they want years with the promotion of the wel- the gentleman is correct. I think that to leave the fruits of their labor to fare state. It is always done in the the misnomer, perhaps some of the their children and to their grand- name of helping people and families, misinformation about the flexibility children. However, today many fami- but quite frankly, there is very little act is that somehow it abolishes the 40 lies are forced to sell off the family evidence to show that the $5 trillion hour work week which of course it does farm or the family business just to pay spent on the welfare system has not. the Government’s estate tax. March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1167 It is time we stopped the Federal maintaining the integrity of families that are operating and trying to make Government from confiscating up to 55 was at the center of that effort. a go of it singlehandedly. It is very dif- percent of a lifetime’s accumulation. What we are seeing right now in all ficult. We want to do everything we Seventy percent of all the small busi- 50 States is they deal with reforming can to support them. nesses do not survive to the second welfare systems on a State by State I want to share something with you generation because they have to liq- basis, just as this Congress envisioned. and for the rest here, this is a picture uidate all or a part of the assets just to We are seeing programs that encourage of my daughter. If you have a chance pay the estate tax. Furthermore, 87 self-sufficiency, that encourage work, to come to my office, you can take a percent will never be passed on to the that reward honest hard work rather look at it a little closer. My daughter third generation. than dependency, that carry on a leg- Sarah is 6 months old, 6 months old. Mr. Speaker, our families are and acy that Americans have traditionally Sarah, on the day of her birth, owed will continue to be the backbone of our enjoyed, one that suggests that young $19,000 to the Federal Government. society, and it is incumbent on each of children should have hope and should That was her obligation to the Federal us to help protect and preserve those be able to aspire to have wonderful debt. That was her obligation to pay who ultimately will decide our very fu- jobs, to be self-sufficient and to be able for things that, frankly, this Congress ture. to take care of themselves. did not have the courage to pay for in I call on the rest of my colleagues, When we look at health care, the years past. They did not think she especially in this freshman class, to clearest difference that I have discov- would mind. support this family friendly legislation ered, as a new Member and a freshman, Well, she probably is going to be furi- that the Republican Party has pro- is the difference of opinion that we see ous when she learns to discover this on moted this year and in past years. here between those who believe on oc- her own and understand what that Mr. HULSHOF. Mr. Speaker, I cer- casion that it is in the end the Govern- means. That is what she owed on the tainly appreciate the comments of the ment’s responsibility to provide for the day of her birth. Over the course of her gentleman and know that prior to his health care of individuals versus our working life, the interest on that debt election here to this esteemed body vision that we wish to empower fami- will amount to almost $200,000. It is that he had quite a probusiness back- lies to provide health care for their quite a burden we have saddled this ground and certainly a very successful children and ultimately be responsible child with. I know I keep this picture career. We are glad and honored that for the health of their kids. A clear dif- with me. I refer to it often and look at he is one of our number, and we look ference, a clear distinction. this little girl because this happens to forward to continued success in the But I hope that we are successful in be my girl, but it could be anybody’s well of this House. continuing to keep our family focus at child. It could be yours. It could be any Mr. RILEY. Mr. Speaker, we look for- the center of the health care debate, child in America. They have no reason ward to the gentleman’s continued too. With respect to wages, it is we who to grow up in a world where they are leadership. I want to take this oppor- believe that we need to find whatever saddled with that kind of debt, with tunity to tell all the Members of this strategy we can come up with here in that kind of a burden that has been class how much they have meant to me Congress to increase the family wages placed upon them. I think we owe it to Sarah. We owe it personally and how I look forward to and the earning power of American to every child in America that hope working with all of them in the days to families, rather than have them con- and opportunity is something that will come. tinually look for more and more hand- be closer and closer and a chance to Mr. HULSHOF. Mr. Speaker, I yield out from their Government. So increas- achieve that and within their grasp. to the gentleman from Colorado [Mr. ing wages, increasing the ability to That is what I am committed to. I BOB SCHAFFER]. seek opportunity is certainly essential know you are committed to that, too, Mr. BOB SCHAFFER of Colorado. to us. and the people in your fine State and Mr. Speaker, I cannot think of a better And all of our efforts that deal with the rest that are here today. topic to discuss tonight, and I com- trying to strengthen our economy, be I just want to pledge to you and to mend you on your leadership for bring- they our efforts to try to reduce cap- all here assembled and all those who ing this topic forward and giving us ital gains tax or estate taxes that we are watching this debate today and ob- this opportunity, because this whole discussed 2 weeks ago, all designed to serving that not a day will go by that topic of focusing on families and the try to increase the economic power this U.S. Congress is in session and impact that legislation that we pass that we enjoy as Americans and in convened that I will not be fighting for here in Washington and what that America that promote and strengthen everybody’s American family, keeping means for families across the country American families. little girls like Sarah foremost in my is precisely the reason I came here in Public education is another topic mind in how we conduct our business the first place. that I know we are going to be dealing and keeping my family and your family I believe very firmly that we should with quite a bit. Those of us here really and every American family first and be motivated in every piece of legisla- believe that it is ultimately the re- foremost in our daily deliberations. tion that we pass, from the comptime sponsibility of parents to teach their Mr. HULSHOF. Mr. Speaker, I appre- bill that we dealt with today to bal- children. We bear the responsibility as ciate very much the remarks, espe- ancing the budget and our assessment parents, and we in fact employ public cially the commitment to family. I of tax policy and how we lead the coun- school districts and public school know the gentleman touched on try should be driven from the perspec- teachers to assist us in that job. That through his remarks some discussion tive of how it impacts families. is again a focus that we need to main- about relief, tax relief. And certainly I Clearly one of the pillars that many tain and be very forceful about here on think that is, of course, what we are of us hold in common and bringing us the floor in every single bill that we learning as new Members of Congress, here tonight is our belief that families pass. that that is the challenge that lays represent the most central and essen- Finally the institution of marriage, ahead of us, trying to fashion some tax tial social unit in American life. I something that is ridiculed on occa- relief for middle income families and know that is true in Colorado and in sion, something that comes under at- all Americans. I know estate tax relief, your home State as well. And for all of tack right here in this body and I think the gentleman referred to, is an us here, having families regarded as a throughout the country. It is some- area that I have a special interest in. central social unit, essential in every- thing that I know you share the same I also know it is something that our thing that we believe to be the focus of intent that I do, to restore the integ- friend from Mississippi cares deeply American life includes welfare, for ex- rity of the institution of marriage, to about. ample. realize that a family, two parents, a I yield to our new Member, the gen- When we talk about welfare reform, child with two parents has a tremen- tleman from Mississippi [Mr. when we saw this Congress, the 104th dously greater chance of succeeding PICKERING]. Congress pass welfare reform back to and surviving in American society than Mr. PICKERING. Mr. Speaker, I want the States, once again we saw that those who are struggling with families to thank Mr. HULSHOF for putting this H1168 CONGRESSIONAL RECORD — HOUSE March 19, 1997 together for new Members of Congress on not only their good name but the This is our battle for our generation, to so that we can talk about the impor- fruits of their labor without the fear of preserve the freedom, to support our tance of family and the importance of the IRS. families. families to the success of our country. We want to pass the Working Fami- I will close with one last example of I have four children, four boys, ages lies Flexibility Act, on which we voted another family in my district from 7, 5, 3 and 1. Our campaign slogan was, today. We want a balanced budget. We Pearl, Mississippi, Bobby and June ‘‘If not your support, your sympathy.’’ want to end the marriage penalty and Pickle. They have two boys, Brett and And tonight they are at home watch- to implement a family tax credit. We Lake. Mr. Pickle said, and I quote, ing. want to end the death tax, the inherit- ‘‘Taxes eat us alive.’’ I miss them but I hope as they watch ance tax. When they had their first son, Brett, what I do here in this body and what I Tonight I want to tell a few stories June, their mother, quit her job. She try to do to serve my country that at about families back home in my dis- wanted to stay home to raise and nur- the end of my days they will see that trict. A man named Chester Thigpen, ture her family, but she could not af- what we were all about is not just 85 years old, has worked his entire life ford to do so. The bills were too high, about taxes and spending and the is- to provide for his family, his wife the taxes were too high, and she was sues that come before us, but it is Rosett and four children, two boys and forced to go back and work. about strengthening and supporting two girls. It is time to change our priorities. and sustaining the key to our success, Mr. Thigpen’s first day of work was Family tax credits that we are propos- our family, of having a culture that back in 1918. On that day his labor ing will help families who choose to discourages violence and crime, that yielded him 35 cents. Today he is a suc- have a mother or a father stay home promotes strong education, that seeks cessful tree farmer, with several hun- with their children. Hopefully they will to remove the barriers and the pen- dred acres of prime timberland. He has have the economic freedom to do that. alties and the punishment that we now been a tree farmer for over 40 years and There are many things that are im- see too often placed on families. And if he has worked daily to ensure a bright portant in this Congress, none more we can be a part of that, then I will be future for his children. important than supporting, strength- very proud of my service and that I He is an example of the American ening and sustaining our families. The hope my four boys will think that we dream. He is the first African-Amer- gentleman from Oklahoma, J.C. did something to make their genera- ican to win the honor of the Mississippi WATTS, is a good leader on the Commu- tion live in a free and prosperous and Tree Farmer of the Year and the Na- nity Renewal Act that will help us moral country. tional Tree Farmer of the Year. move families from welfare to work, In May 1988, President Ronald But what threatens him and his fam- that will help strengthen the values Reagan visited the Moscow State Uni- ily today? It is not pine beetles, it is that we cherish, to look to nongovern- versity and before leaving held a short not tornadoes, it is not termites. His mental solutions, faith-based and com- question and answer session with some farm is in jeopardy because of the munity-based organizations, to help of the students. He made a statement death tax, the inheritance tax. strengthen families and communities. that I think is appropriate tonight. He has worked hard his entire life All this and more we can do to President Reagan said, ‘‘Progress is and would like to leave what he has strengthen our families. not foreordained; the key is freedom.’’ done to his children, to give them the I thank the gentleman for granting For our families to make progress fruits of his labor. In Proverbs it says me this time tonight and look forward and succeed, our families must have that a good man leaves an inheritance to working with all the Members in freedom. Freedom to grow, to prosper, for his children’s children. Mr. Thigpen this body to do everything we can to to spend time with their children, free- wants to do this, yet our Federal Tax support our families. dom from an overly burdensome gov- Code wants to confiscate it, to take it Mr. HULSHOF. Mr. Speaker, I thank ernment. away. He has been successful, so our the gentleman for giving us some Sonny Montgomery served in this Government wants to penalize him. human faces and human life examples district before I did. He met the chal- He did not work his entire life to see as to why we need as a Congress to cre- lenge of his day helping build a strong his farm, his inheritance that he wants ate a new vision, I think, especially the defense and contain communism to to leave to his children, taken away. story that the gentleman from Mis- give my children and to give us the The Thigpens say to their children, sissippi told about his constituent, Mr. freedom and the prosperity that we ‘‘Let what you do be an asset to your Thigpen, and the estate tax. enjoy today. Men like Bob Dole. community.’’ They have lived that. Today in our committee hearing in I believe the challenge of my genera- They are testimonies and they are ex- the Committee on Ways and Means, we tion, the challenge that we face today amples of that. had several individuals who testified is strengthening and providing the en- We need to stand for Mr. Thigpen and about the ravages of the estate tax. vironment for families to prosper. We his family, to do away with an estate Certainly as the son, only son, of a will have to make some tough deci- tax that punishes hard work, that Missouri farm family, I know firsthand sions as we go forward. The American takes away the inheritance he wants to whereof the gentleman speaks, of the family today is gripped by taxation, leave his children. It is clearly the plight of millions of Americans whose regulation. It seems to punish those worst example that we have in our tax pursuit of the American dream be- things we believe in: marriage, invest- system, to tax people from their grave. comes a nightmare when the realities ment, work. Taxation without representation in its sink in that a family business has to be purest sense. It is a horrible, horrible liquidated, or perhaps a family farm b 1900 example that must be changed. has to be auctioned off on the steps of It seems to side against families try- I want to talk about hard-working the courthouse just to pay the Federal ing to raise their families consistent families that now pay more in taxes tax. with their faith and their values. We than they pay in clothing, in transpor- I know our family as well as millions are trying to propose legislative solu- tation, in their mortgages and their of family members across this country tions that help; that bring common rents. They pay all of that, more than have invested not only money into sense and lift the load and the burden that, in taxes. family businesses but their hearts and from the family. In 1948, the typical family of four souls. I know family businesses often What are some of the ideas that we paid 3 percent of its income to the Fed- take the risks and then navigate those are talking about, some of the solu- eral Government in direct taxes. In treacherous straits of regulation. And tions, the alternatives to the failed old 1994, the equivalent family paid 24.5 just as open waters and calmer seas lie policies that have mortgaged our fu- percent of its income to the Federal on the horizon, the Federal Govern- ture? What we want to do is provide Government. We do not need another 46 ment crashes a tidal wave over the bow hard-working families more time for years of growth in taxes, we need 46 of the boats of these family-owned their children and more money for years of growth in prosperity for our businesses. I applaud the gentleman for their pockets, and the ability to pass children and our children’s children. his comments. March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1169 I also recognize my friend from New mote family values. We have acknowl- subject will be to them and their future Jersey, who also is a leader in his com- edged so many times before that fami- families. munity. I know that last week he pro- lies are working harder and longer just Normally, we send our children to vided some inspiring comments about to keep up as their tax burden has school as freshmen, but in this case my success stories in his district about risen and college costs have soared family, our children, sent me to Con- community renewal, and I am happy to through the roof. gress as a freshman, and it is a pleas- yield to him now. Many parents spend every last ure to be here and serve the second Dis- Mr. PAPPAS. Mr. Speaker, I thank minute, sometimes working two jobs trict and to also speak on how impor- the gentleman for yielding this time to themselves, just to pay the bills and tant this issue is for families. me. try to save for their children’s edu- Mr. Speaker, it is important, I be- Mr. Speaker, most of us know the fa- cation. Sometimes, though, as they lieve, that we look at the issue of bal- mous line from the movie the Wizard of work so hard to provide and save for ancing the budget, because what it Oz, where Dorothy clicks her heels to- their family, they are unable to be does, it protects not only our children gether and says ‘‘There’s no place like there for the family members. How can and our future children, but it protects home.’’ Well, more and more business we expect parents to monitor what our Nation. The current national debt owners, just like Dorothy, are sharing their children are watching on tele- is approximately $5 trillion. Just how much is $5 trillion? Well, if the same sentiment that there is no vision if they are not able to be at we paid a million dollars a day for 365 place like home. home? How can we expect parents to Over 14,000,000 business owners days, that is every day of the year, it monitor their children on the Internet would take us 13,699 years to pay off around this country work out of their if they are not at home? For many, the our national debt. home, Mr. Speaker. Each of us know simple solution is the home office. It is also a terrible tragedy when we people who work from their homes: Think about it for a second. Parents saddle our children born today with a consultants, salespeople, lawyers, doc- can still work, can still pursue greater debt. They owe the Federal Govern- tors, accountants, graphic designers, prosperity and can do it while being at ment $200,000 just on the interest on bookkeepers, and the list goes on. But home with their children. Whether it is the debt alone. That is something we beyond their jobs, many of these people the father who wants to be there for his need to correct. That is why balancing are parents. The advent of fax ma- children or the mother who works as a the budget is imperative. chines, the Internet and teleconfer- consultant, working from home has be- Balancing the budget would reduce encing has literally changed the face of come increasingly appealing. the interest rates, according to Federal doing business. No longer are busi- The Tax Code should reflect the mod- Reserve director Alan Greenspan, by as nesses confined to large office build- ern business environment of America much as 2 percentage points. What does ings. and the IRS should recognize its im- that mean? Well, that means that for a Last week I announced that I have pact on our future. Currently, the IRS typical family, it would save them in introduced legislation, H.R. 955, the severely restricts the ability of home- these particular areas: Say a student Family Freedom Home Office Deduc- based workers to deduct the expenses loan, a typical student loan, it would tion Act of 1997 that, if enacted, will relating to their home office. save them $216 per year. It means if a literally help America’s families. I think that all of us, on both sides of family had a typical car loan, it would Seventy percent of all home-based the aisle, can agree that giving parents save that family as much as $180 a businesses are started by women. I was the opportunity to spend more time year. pleased to announce the introduction with their children would have a posi- For a family that is purchasing a 30- of this legislation at the site of the tive effect on America’s families. year mortgage on a $50,000 home, with New Jersey Association of Women As we stand here tonight on the 15 percent down, it would mean that it Business Owners’ State luncheon. I was brink of a new century, dreaming of would save them $1,230 of their hard- joined by many business owners from the future, embracing the next advance earned money. It means that a family the 12th District of New Jersey who in technology, we must not forget and who would be purchasing, let us say, a successfully run home-based busi- we must strive to maintain our coun- $100,000 home, putting down 15 percent, nesses. try’s greatest asset, our families. again on a 30-year mortgage, it would Each of these people expressed sup- Mr. HULSHOF. Mr. Speaker, I appre- mean a savings of $2,160 back to fami- port for the legislation, and many of ciate the gentleman’s comments, and lies, back helping them in the areas them mentioned that running a home- in looking about I am happy to see my that they should be receiving an award. based business gave them the oppor- colleague from Kansas. We all agree we are facing a tremen- tunity to both work and take care of If I could share this quick personal dous budget crisis. The reason we are family commitments. While they could story, not to certainly comment upon facing the budget crisis is not because start and run a business, they could my colleague’s age, but I recall sitting we are taxed too little, it is because also go to doctors’ appointments with in front of a black and white television the Government simply spends too their children, attend a teacher’s con- set in the mid 1960’s and watching the much. I know, Mr. Speaker, like all of us ference or do numerous other things Olympics and cheering the gentleman that are seated here, we have to learn with their children. on to victory and to an Olympic medal. to balance our checkbook. That is what Operating a home-based business It is an extreme honor to have the gen- we are really asking the Government takes away many of the constraints tleman from Kansas joining us as a to do, is not to spend more than it real- that currently prohibit parents from new Member, and I would yield to the ly has. being able to attend to important gentleman from Kansas [Mr. RYUN]. events in their child’s life. Mr. RYUN. Mr. Speaker, I thank the b 1915 As we were getting ready to make gentleman for the time and thank him The $1.6 trillion in revenue that the announcement, a woman who has for yielding. makes up the President’s budget re- been active in the home-based business I also thank the gentleman from New quest is not the Government’s money; issue approached me. She had written a Jersey for having mentioned the great it is the product of hard work and sac- book about starting a home office, a State of Kansas in his comments about rifice that belongs to American fami- home-based business, and expressed the movie ‘‘Gone With The Wind’’ and lies and Kansas families. It is hard support for my bill. In fact, she auto- the ‘‘Wizard of Oz.’’ Kansas is a great earned money. They should be receiv- graphed her book and signed it, ‘‘To State and I am pleased to represent the ing their rewards. The Nation’s capital MIKE PAPPAS. There is no place like second District. does not create wealth. All the money home.’’ I am also pleased that my freshmen that sits in the U.S. Treasury was So many of the issues that we will colleagues have chosen to come and taken from someone’s pocket; that is, take up this year, and so many of the speak on a subject that is dear to all of the hardworking taxpayers. proposals that private industry is un- us, and that is the family. As a father I would like to put that money back dertaking, seek to create a more fam- of four children, ranging in ages from into the pockets of the American peo- ily-friendly work environment and pro- 21 to 26, I know how important this ple, back to the people of the Second H1170 CONGRESSIONAL RECORD — HOUSE March 19, 1997 District. They simply are taxed too Another pressing concern for families and in the future. Tonight we have much. We need to make those changes. is taxes. The American family is the heard discussion after discussion, per- Families deserve tax relief from this most heavily taxed entity in the Na- son after person offer an argument for crushing tax burden. A $500 per child tion. As has been pointed out several the best thing that we can do for Amer- tax credit would benefit the families times here tonight, the average family ica’s families. Of course, Mr. Speaker, I who need it. It would also help single in 1954 were paying just about 2 percent would say that that is that we need to mothers who have incomes less than of its adjusted gross income in Federal balance the budget. $25,000 a year, helping them specifi- income taxes. Today that figure has The last time the budget was bal- cally. soared to 25 percent. And when you add anced was in 1969, when President Lyn- A repeal of the estate tax and gift tax State and local taxes, the average fam- don B. Johnson was President. I know would enhance the chance for families, ily of four pays almost 40 percent of its that we can improve the lives and the family farms and family businesses to income in taxes. Forty percent. That is conditions for families through lower succeed and pass it on to the next gen- more than most families spend on interest rates, on homes, cars, college eration. Reducing the capital gains tax housing, clothing, and food combined. loans and through more job opportuni- would simply create more jobs, it The strain of meeting America’s ties, now and in our future. But it is would help the economy grow, it would crushing tax burden has forced many time that we do that now, and it is now encourage better jobs for more people, homemakers into the work force, re- time that we say we must have a bal- it would encourage them to work and ducing the amount of time that par- anced budget. to save more and to invest more. Bal- ents spend with their children by ap- The result of a balanced budget ac- ancing the budget and relieving the proximately one-half. Part of the Re- cording to a DRI/McGraw Hill study is American taxpayer, families in gen- publican agenda is to allow families that there would be a drop in the 30- eral, taking away that crushing tax the opportunity to spend more time to- year Treasury bond rate to 4.5 percent. burden is pro-life, Mr. Speaker, and it gether. By giving men and women the It is now over 7.5 percent, so you can is imperative that we do it. option to choose comptime instead of see that that is an astonishing drop of Mr. HULSHOF. I appreciate the in- overtime, they are given the chance to 3 percent. This would cause fixed rate spiring remarks of the gentleman from spend more time with their families. mortgages to drop by the rate of 2.7 Kansas and am happy to have him as a Last, tonight as we focus on the issue percent which would cause housing leader among our newly elected Mem- of abortion on the House floor tomor- starts to rise to 65,000 units. bers on the Republican side and of this row, an issue that greatly affects the What would this mean? For the peo- House. very existence of families, I would like ple who I represent in Texas in the 5th Again, Mr. Speaker, as we look for to state my unwavering commitment Congressional District, this would positive solutions to many of the prob- to restoring respect for human life, mean that there would be a savings of lems that lie ahead and as we as a class born and unborn, in the 105th Congress. over $1,230 a year on the average home forge our identity and we help to cre- As we consider the partial birth abor- mortgage, $216 for a student loan, and ate the vision for the future, we are tion ban, I ask my colleagues to con- $180 on average for a car loan. That is happy tonight to focus on the family, sider the words of Mother Theresa, who why we must balance the budget. It and in that way I yield to my friend once stated that abortion is the great- will provide real savings for working from Alabama, Mr. ADERHOLT. families, and instead of taking a sec- Mr. ADERHOLT. Mr. Speaker, this est destroyer of peace today. It is a war ond job to meet the financial needs of evening as some of my colleagues are against the child, a direct killing of doing, I would like to take a few min- the innocent child. Let us put an end the family, parents might find that utes to share my thoughts about the to this brutal procedure that has taken they have more time to spend with American family. the lives of so many babies each year their families. I believe there is nothing more im- and every day. What we do here in Washington does portant than strengthening families in In closing, recently I brought a reso- have a real impact on the lives of fami- America today. As Representatives in lution to the floor that would reaffirm lies throughout this country. We must Congress, we should ever be mindful of the role of the Ten Commandments as show the courage and the discipline it the role we play in supporting Ameri- a cornerstone of a fair and just society. takes to balance the budget. Our spend- ca’s families. It is because of this belief I believe that this symbolic gesture is ing entitlements continue to grow each that I intend to do everything in my important in reaffirming the Judeo- year. That means that money available power, the power given to me by the Christian values on which this Nation for discretionary spending on programs people of the Fourth District of Ala- was founded. such as education, welfare, Medicare, bama, to take a stand on the issues As Representatives in Congress, we Medicaid, will continue to decrease. We that are affecting our Nation’s fami- should always be mindful of the role simply cannot allow that to happen. lies. that we play in setting the course of Reducing the cost of government Two of the greatest gifts I believe the American family. This is an awe- means lower taxes for working fami- that we can give our children are a bal- some responsibility. But with God’s lies. It means preserving, protecting anced budget and lower taxes. We need help to see the right, we can make this and strengthening Medicare and Social to cut spending and reduce the tax bur- great Nation a city on the hill. Security. It means returning enough den to make sure that we have strong Mr. HULSHOF. I appreciate the gen- money to my home in the State of economic growth so that our children tleman’s remarks and especially his ef- Texas to cover the cost of a good edu- and our children’s children can enjoy forts and was happy that his resolution cation for all of our children and tak- the same benefits that we have been the week before last did pass this body. ing care of all of our citizens. given. I am happy, Mr. Speaker, to yield to It is important that we constantly It is time for the Federal Govern- a good friend from Texas, Mr. SES- ask ourselves what we pass in the way ment to take responsibility for its de- SIONS. Of the 32 new Members on the of legislation, will that cause a burden cisions and their effect on the Amer- Republican side, Mr. Speaker, 30 of us or a reduction on America’s families? ican people. Federal spending should be sought congressional seats for the first I am glad today that we voted for the reined in and controlled. Reducing the time this time. My friend from Texas Working Families Flexibility Act. This growth of Federal spending is the way and I, however, gave it a shot back in is exactly what we need to be doing. It to get a balanced budget, not by taking 1994. will allow all workers to have the op- more money from hardworking people Mr. SESSIONS. I thank the gen- tion of either overtime pay or extra who are already struggling to make tleman from Missouri for yielding. time off. This would allow working ends meet. Mr. Speaker, tonight what we are mothers and fathers the choice of tak- By balancing the budget, a middle- talking about in plain and simple ing time off to do the following things: class family easily saves $1,500 per terms is not only stronger families for Perhaps to take their children to year. Who do you know would turn a better America, but what we are school for the first day of school, down having an extra $1,500 per year in talking about is how American fami- watching a school pageant, attending a their pocket? lies are going to survive in the 1990’s parent-teacher conference, or staying March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1171 at home with a sick child. I believe we the family unit with a bureaucratic Creator with certain unalienable rights are on the right track. This bill would machine has proven inefficient, ineffec- and among these are the right to life, give greater freedom to families in tive and in many cases actually de- to liberty, to the pursuit of happiness. Texas and also those all around the structive of families. In order to secure these rights, govern- country to raise and educate their chil- Now the trend is moving many of ments are instituted among men deriv- dren. these services away from the Federal ing their just powers from the consent Texans and Americans are counting Government to the States and local of the governed. on us to get the job done. If we can governments. While I do believe this is In that very basic statement, we educate ourselves about the benefits of a step in the right direction, I am in- have become the model for the world balancing the budget and the dire con- creasingly certain that it is not enough and people from all over the world sequences of continuing these deficits, simply to shift these programs from come here; and as Bill Bennett has de- we will have the discipline to do the Washington to the States and local scribed the gates test, that is what right thing. I say, let us balance the governments, for in many cases the happens when you open your gates; do budget now. lack of a family unit, the real heart of people want to get in or do they want Having laid out these facts for you our social problems, will still exist no to get out? In America people are tonight, for the American people, I matter which government spends the flocking to come here because of the would just like to leave them with a money. things that we stand for and have stood few questions. We certainly cannot legislate a tradi- for over the years. First, how could your family survive tional family for all those who lack year after year spending more money one. However, we can, through legisla- I had the opportunity here a couple than it earned? tion, encourage and provide support for of weeks back to take my 9-year-old Second, what could your family do private charities and faith-based insti- and my 7-year-old to the Lincoln Me- with extra money if at the time we bal- tutions to assist in the roles of support morial, and as we went up the two ance the budget, we deducted $500 off and family services which so many des- flights of steps and there he was, hon- the top 6 those families’s taxes for each perately need. est Abe in all his glory, the big statue, child that they are trying to raise? Tax deductions for charitable con- my 7-year-old remarked, I did not real- And, third, what would you think of tributions must be maintained. And ize that he was so big; and we had to your Member of Congress if that person the implementation of tax credits for explain that that was not his actual misled you and did not balance the charitable contributions to organiza- size, his feet really were not this long. budget? tions which perform social services can But as I thought about her state- Mr. HULSHOF. I appreciate the gen- help those Americans who need a fam- ment, I thought to myself in many tleman’s remarks and his courage and ily unit or support for their existing ways he was big. He was in terms of his discipline, not only for the Members of families. Services such as counseling ideals, his principles, his convictions. his district in Texas but for the coun- and educational funding, health serv- The things that he stood for are many try. ices, youth programs and elderly as- of the things that motivated me to run Mr. Speaker, I yield to the gentleman sistance can all be administered for office, things like freedom, things from Indiana. through private organizations, such as like equality, things like a belief that Mr. PEASE. I thank my colleague scouting, YM and YWCA’s and Habitat government should not do for people. from Missouri for the leadership he has for Humanity, among others, and faith- Only it should do for people only those provided, not only this evening but based institutions. things that they cannot do for them- throughout this Congress to date. b selves. Mr. Speaker, yesterday I had the op- 1930 portunity to meet with some of my The 105th Congress is taking meas- And we have heard this evening from constituents from the Disabled Amer- ures to ensure the strengthening of a number of our colleagues talking ican Veterans, Indiana Chapter. While families. One thing above all is clear. about the important priorities that we speaking with them, Jim Powers, a dis- Our Government cannot and should not see in terms of this Congress and the abled Hoosier veteran commented: try to be a replacement for the tradi- things that we can accomplish to ad- ‘‘Family is all that is important. With- tional family. Instead we must call on vance freedom, freedom for families. out it, nothing else aside from faith our local charities, churches, and com- We had a vote today on a bill that much matters.’’ munity organizations to expand their would give families more flexibility, Jim was speaking from personal ex- role in providing support to families in more freedom, more opportunities to perience. Having been married for 38 stress and to rebuilding families that spend time with each other. We will years, he and his wife are fortunate have disintegrated. vote tomorrow on a bill that respects enough to have their family close at The private partnership of neighbor the sanctity of life, one of those hand in Indiana. One of the most im- helping neighbor has been one of the unalienable rights that we heard about portant roles Jim has the opportunity great traditions of this Nation. We in earlier in the Declaration of Independ- to play is grandfather. He and his two the Congress must find ways to ence. And last year we had an oppor- granddaughters are fortunate that they strengthen, not supplant, that tradi- tunity and we are seeing the effects of see each other every day, and he is sig- tion. When we do, our families and thus it this year to vote on welfare reform, nificantly involved in their personal the Nation will be the stronger. which in my judgment provides more development. He cherishes the close- Mr. HULSHOF. I appreciate the gen- freedom for families, it restores self-re- ness of his family. Though I wish this tleman’s comments. spect, self-sufficiency, independence, were true for every family, the statis- Mr. Speaker, I know time is drawing and I think we are seeing the fruits of tics today are quite disheartening. short, and I yield to the gentleman that bill that was enacted last year. We Many, many individuals are discon- from South Dakota [Mr. THUNE]. have already seen welfare cases drop 15 nected from family members while oth- Mr. THUNE. I want to thank my col- percent between January 1995 and Sep- ers search for anything that remotely league from Missouri and the many tember 1996. resembles a family unit. Those who other of our freshman class who have And so as we talk about these various lack a traditional family find them- joined us here this evening to talk issues throughout this Congress, I selves without the togetherness, stabil- about things that are important to the think those are the things that we as a ity and aid in times of need that faith American family. class want very much to keep at the and families provide. Mr. Speaker, the Declaration of Inde- forefront of the agenda. We talk about In the past, the system to rectify this pendence, our founders, articulated the rights that we as a country enu- increasingly common shortcoming has what is one of the most profound and merated and established when our been to increase Federal funding of simple statements of self-government founders and their great foresight laid welfare and social services. Unfortu- that the world has ever seen, and yet down the Declaration of Independence. nately, this system of increasing Fed- they said that all men are created They talked about life, liberty, and the eral spending and trying to supplant equal and they are endowed by their pursuit of happiness, and that is really H1172 CONGRESSIONAL RECORD — HOUSE March 19, 1997 what we are about is giving our chil- and probably pass a $12 to $15 million leadership has been a willing conspira- dren an opportunity to pursue happi- budget that will be placed in Chairman tor by allowing him to run over the ness, to enjoy the freedoms and the lib- BURTON’s hands for this investigation, rules of the House in this investiga- erty that we have in this country and and how they can do that in good con- tion. Improper or illegal activity, to respect the right for life. science after today’s headlines really whether it occurred in the Democratic Mr. HULSHOF. Mr. Speaker, I appre- baffles me. or Republican campaign, should be in- ciate the gentleman’s comments. I want to say today our House Demo- cluded in the House investigation. Any- Mr. Speaker, to conclude as we have cratic leader, RICHARD GEPHARDT, be- thing short of that smacks of protect- discussed newly elected Republican cause of his concern over the nature of ing our self-interest at the expense of Members, as we try to create and help this investigation and where it is rooting out the abuses in the entire fashion a vision for our country to- going, the House Committee on Gov- campaign finance system. night, we have focused on strengthen- ernment Reform issued a statement, Now in the statement that the Demo- ing the families in ways that this body and I would just like to read from part cratic leader put out today he also re- can provide family friendly legislation of that statement. He says that the leased a letter to the Speaker signed by such as the measure we passed today. vote on committee funding scheduled the Democratic leadership and the Our message is rooted in hope and in for tomorrow sanctions the Republican Democratic ranking members serving optimism because that is indeed what leadership’s decision to make 12 to 15 notice that we, the Democrats, will op- our country was founded on. million taxpayer dollars available for a pose the committee funding resolution f one-sided, open-ended investigation of and use whatever parliamentary tools White House campaign fundraising. we have available to block its consider- CAMPAIGN FINANCE REFORM This partisan investigation flies in the ation unless he reconsiders bringing The SPEAKER pro tempore (Mr. face of a unanimous vote in the Senate this resolution to the floor in its cur- SMITH of Michigan). Under the Speak- to broaden the scope of the inquiry rent form. er’s announced policy of January 7, into improper and illegal activities in And let me repeat. All that we are 1997, the gentleman from New Jersey Democratic and Republican campaigns saying is that this investigation should [Mr. PALLONE] is recognized for 60 min- in the last election. be like the one in the Senate. The Sen- utes as the designee of the minority Let me just for a moment not read ate one makes sense. They are not lim- leader. from that statement anymore and ex- iting it to the White House; they are Mr. PALLONE. Mr. Speaker, last plain that essentially what is happen- including Democrats and Republicans night myself and other members of the ing here is that the Republican leader- and congressional campaigns as part of Democratic caucus gathered here to ship and the chairman of the House the overall inquiry. discuss the issue of campaign finance Committee on Government Reform are ANNOUNCEMENT BY THE SPEAKER PRO reform, and we had a good constructive suggesting that this investigation es- TEMPORE. discussion, I believe, about what is sentially be limited to the White The SPEAKER pro tempore. The gen- wrong with the present system, and we House, and they are not interested in tleman should refrain from character- again appealed to the Republican lead- broadening the investigation, the way izing the Senate action. ership of this House to put a campaign it was done in the Senate, to include Mr. PALLONE. Excuse me; thank finance reform bill on the table for us both Democratic and Republican cam- you, Mr. Speaker. to consider. paigns, congressional campaigns, Sen- Now the problems that I mentioned This morning, roughly about 10 hours ate and House campaigns, in the last with regard to the gentleman from In- after we concluded our special order, I election. The budget granted to Chair- diana and the reason that we are gath- picked up the Washington Post, and I man BURTON is $8 million more than ering here tonight, or the reason that I read that the Republican chairman the Senate investigation. am here tonight, and some of my col- who is in charge of the partisan inves- Further, the House investigation leagues, is because we want to see cam- tigation into campaign fundraising has could go on for the duration of this paign finance reform. Again the Repub- himself abused the system. According Congress instead of the year-end reso- lican leadership is missing a great op- to the story on the front page, the lution set to conclude the Senate in- portunity here because there are some chairman of the House Committee on vestigation. Chairman BURTON has serious proposals that have been intro- Government Reform bullied a lobbyist granted himself unprecedented sub- duced by Members of the House on the for the Government of Pakistan for poena power and refused to provide the campaign finance reform issue. We campaign money in the manner the Democrats on the committee any reso- may discuss a few of them tonight. On lobbyist described as a shakedown. Not lution on the rules of conduct that the Democratic side we have formed a stopping there, the chairman then con- would allow us assurances of the same campaign finance reform task force in tacted the Pakistani Ambassador, com- fair and balanced process that will order to review all legislative proposals plaining that the lobbyist could not occur in the Senate investigation. for reform and to try to develop a con- raise him enough money. Now the Republican leadership, as sensus position, and I want to stress My colleagues, this is just the kind of myself and other Democratic col- that many of my colleagues, including abuse the chairman himself has been leagues have pointed out many times some of the Republicans, some of the empowered to investigate. on the House floor, has ruled out so far rank and file Republicans, have intro- Originally I was concerned that these any consideration of a campaign fi- duced some good proposals in this re- hearings would be too partisan, but nance reform bill, and they are pre- gard. after stories in this morning’s Wash- venting Congress from being included There are bills out there that address ington Post I now know that these in the House investigation. Their ac- spending limits, the role of political hearings will not just merely be par- tion begs the question of whether they parties, political advocacy, tax-exempt tisan, they are going to be a joke. How are truly interested in reforming the organizations, contribution limits, can the gentleman from Indiana hold campaign finance system or merely greater disclosure, FEC enforcement, the gavel and conduct these hearings in bent on attacking a Democratic admin- soft money, free commercial broadcast an objective manner? istration, and that I think is what this time, public financing, and the list In light of today’s allegations the is all about. What the Republican lead- goes on. But the bottom line is these gentleman from Indiana should, in my ership wants to do, what the Repub- bills mean nothing unless the Repub- opinion, recuse himself from the com- lican chairman of the committee wants lican leadership of this House, which is mittee’s investigation, and he should to do, is limit this investigation to the the majority party, sets the agenda also open up his committee’s probe to a administration, to the White House, to and decides to act. much wider scope than the White the Democrats in the White House and I would like now to yield, if I could, House and include both parties in Con- not consider what is going on in Con- to one of my colleagues who is here to- gress. gress on both sides of the aisle. night to talk about some of the same Tomorrow the Republican majority The gentleman from Indiana has also concerns, the gentlewoman from Texas of this House will likely ask us to vote abused his power, and the Republican [Ms. JACKSON-LEE]. March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1173 Ms. JACKSON-LEE. I thank the gen- the structure, and I think it is impor- sage out. Why is that relevant to cam- tleman from New Jersey, and I believe tant for those of us in Congress to be paign finance improprieties or cam- that the important focus of our con- able to come to compromise. We just paign finance reform? There is no limi- versation, and certainly debate as well, had Hershey and the bipartisan ap- tation on this committee’s or the over the past couple of weeks and our proach to this Congress, and I believe chairman’s subpoena powers so that conversation this evening is to really in it. private matters may be investigated. Let me also bring to the attention of elaborate on the facts and begin to b 1945 clear the air that there is opposition in our discussion this evening a precedent totality really, Republicans and Demo- I think it can work. But in the shad- that I have never heard of; that is, the crats, to the question of campaign fi- ow of all of us committing to campaign unilateral authority of the chairman to nance reform. I think we have unanim- finance reform, taking the broom and release documents. Now, I want all of ity, if you will, in the whole concept of sweeping this House clean, this struc- this to be discussed in the light of day, campaign finance reform in terms of ture that has now been offered to in- but let me share with the American its importance. We do not have that vestigate possible campaign abuses re- people that that would mean that con- commitment in terms of having it quires outrage. Nothing less. It does fidential financial records and trade se- come to the floor of the House and im- not require solid commentary. The rea- crets could be released without the op- mediately address the concerns in a son why it requires outrage is that we portunity for committee review or any- nonhysterical but rational way to re- are doing ourselves a disservice. It is one else’s input but the chairman; med- spond to the concerns of the American limited to the so-called improprieties ical histories and other personal people. and possible violations of law by the records of individuals. The identity of Now yesterday I joined Members of executive branch officials and Govern- confidential FBI informants and other the House, colleagues of mine that hap- ment agencies in the 1996 Presidential confidential law enforcement informa- pen to be all women, and it was a sym- campaign. tion could be presented without any bolic press conference to suggest that This is a much narrower scope than challenge. Privileged attorney-client we who are women know how to clean our other body, the Senate, adopted in communications. house. The only thing we are lacking is a 99 to 0 vote. These are the same rep- No document protocols conducted by a good broom, and we had indicated resentatives that represent this Nation any other committee have ever given that we want to clean house and want and constituents, they are Republicans the chairman this authority. Mr. the Speaker of the House to bring to and Democrats alike, and they have in- Speaker, let me cite for my colleagues, the floor viable campaign finance re- dicated that the value of having this Whitewater did not have this author- form legislation that all of us will have process is to ensure not that we look to ity. Iran Contra, the resolution did not an opportunity to debate, and as you blast and castigate, but that we look to allow this unilateral distribution of have indicated, I am part of the cam- correct and uplift. private records. And again, let me paign finance reform task force. How can we correct and uplift if we stand here and say, I am not looking There is good legislation on both do not find or get to the bottom of the for a cover-up, I do not want a cover- sides of the aisle, so this is not a sug- issue, if I am not afraid to come for- up, I want fairness. gestion that there are not Members on ward and say, for example, some of the Certainly the ethics investigation did both sides of the aisle ready to roll up improprieties may be just that, incor- not allow this random distribution of their sleeves and work. The problem is rectness, mistakes that were not inten- papers that might in fact suggest that that there is a roadblock, if you will, tional? God forbid if we are in this someone is criminally at fault if they to be able to bring viable legislation to highly politicized atmosphere. We want made a mistake. As I said, if we are the floor of the House and viable legis- to fine someone and hang them up by truly looking to get this solved, we lation for this body to discuss. their fingernails, if you will. It may need to be able to have people come I do not believe the American public have been just an impropriety. If that forward so people can say I made a mis- is really looking for us to turn on our- is the case, do we not want to find that take and I want this committee to selves. The comments that I made yes- out in the light of day? Why are we know about it, because I want it to be terday were I want to see the home- narrowing the House investigation to fixed. maker, the scientist, the bus driver, just the President and what happened As I yield back to the gentleman, and the teacher, have access to the U.S. in 1996, when the Senate has very well I see that my good friend has joined us, Congress. I want to see them get up covered itself to find out the truth and and I happen to be a cosponsor on Con- one morning and say, I would like to be to improve this structure. gressman FARR’s very, very able and in the U.S. Congress, I have an issue, I Let me also acknowledge that the very responsive bill on campaign fi- have a passion, and therefore with format gives pause. With the subpoena nance reform that responds to my con- those individuals running, we realize powers, we know that we have a Demo- cern about how the bus driver can that we have to have ways of electing cratic Party and a Republican Party. come to the U.S. Congress, the school Americans to the U.S. Congress. We recognize that the great American teacher can come, the average Amer- There is nothing wrong with that. people have the right to vote Demo- ican can get elected because there is a That means there has to be a form of cratic and Republican, and in some in- proper process of campaign fund-rais- fundraising. stances vote a third party, and I appre- ing. I certainly think there are very posi- ciate and respect that. Let me tell my colleagues what I am tive ideas, such as access to the elec- We realize that we, in different par- most concerned about. We have not tronic media or to the media that ties, get together and we strategize. We passed a budget yet. We have not should be given in an organized manner talk about how we are going to win talked about the 10 million, and when I to provide reasoned debate, to have us this election. There is nothing sinister say talked about, let me stand cor- express ourselves to the public with no about that. But yet there is unilateral rected, we have not addressed the con- sort of flowery advertising around us, subpoena powers so that this particular cern of 10 million uninsured children in but just look our constituents in the oversight committee under this chair- America without health care. We have eye and have the ability to commu- man will not only seek subpoena pow- not looked at and resolved the ques- nicate through the media. ers and subpoena data that may be rel- tions of seeing how we can implement There are many ways that we can ad- evant, but they will seek subpoena this new welfare reform. dress this question of campaign finance data on the strategies of the Demo- We have not addressed the security of reform, but in the shadow of that dis- cratic Party that would violate, if you pension rights for Americans, and yet cussion, and I hope that it is discussed will, really free speech and the way this committee may already have at its or I have discussed it in a manner that this country is run. finger tips $8 million to spend and pos- is not confrontational, I am outraged As long as we are not creating crimi- sibly upwards of $15 million to spend on presently by the efforts now of the ma- nal activities, there is nothing wrong this investigation, when young people jority on the Committee on Govern- with analyzing how we can beat the in my district are fighting to get sum- ment Reform and Oversight in terms of other fellow, how we can get our mes- mer jobs, where the lines are teeming H1174 CONGRESSIONAL RECORD — HOUSE March 19, 1997 with individuals who are looking to get proposal and has been out there talk- that. We have 48 women in the U.S. summer work and may not have the ing about us and has concrete ideas and Congress. There are more women in the kind of investment from this govern- has put them in bill form. United States than there are males. ment that will help them get summer I would like to yield to the gen- This ought to have a majority of jobs, when people are without housing. tleman from California (Mr. FARR]. women. I cannot understand how we would Mr. FARR. Mr. Speaker, I thank the How are women going to get elected put in one source, if you will, or give to gentleman for yielding to me and for to the U.S. Congress? How are people of one entity that is narrowing its inves- the gentlewoman from Texas [Ms. color going to get elected to the U.S. tigation, with no ending, some $15 mil- JACKSON-LEE], for her very articulate Congress? We are only going to do that lion. I think it takes my breath away. outline. by a campaign finance reform system If I was not standing on the floor of the I am an author of one of the propos- that is fair and makes it possible for House, I might not be able to stand. To als for campaign finance reform, and I minorities to run for this office. We do this kind of investigation with no am not going to dwell on my particular cannot require that people have to commitment to coming forward with bill. But I am going to point out that raise all of their money in their dis- real campaign finance reform. we certainly need to address this prob- tricts. The American public, I believe, does lem. The American public heard the There are people here in very, very not want us to be in a witch-hunt. President right here in this room just a poor districts. Under the Federal law, What they really want is for us to few months ago ask us in all sincerity anyone can move into a district to run. sweep our own House clean. We can do to deliver to him by July 4, our Na- So if we limit the incumbent to saying that by violent discussion on the floor tion’s birthday, a campaign finance re- you have to raise the money in the dis- of the House of real campaign finance form bill. trict, we will send a message out to reform and take those good millions of Tomorrow we will be recessing for anyone of wealth to say, aha, I can get dollars and help with affordable hous- our Easter recess, for our homework elected to the U.S. Congress, all I have ing and the uninsured children, for back in our districts, and we do not re- to do is move to a particular district, working families, for health care, and turn here until April 8, I think it is. So because that candidate is now required making sure that the welfare reform April, May is a month, June a month. to raise all of her or his money in that works. We have about two-and-a-half months The gentleman from New Jersey cer- district. That is not fair. That does not left after we get back to meet the tainly has been one of the leaders, make the process accessible. President’s deadline. What have we along with the gentleman from Califor- So these ingredients of fairness, re- seen? Absolutely nothing. There is no nia, and I that we will be heard and duce the influence of special interests, committee hearing scheduled, there is that we will have the kind of debate level the playing field so that it is no work in progress on a bipartisan ef- that will help us solve the problems competitive, and to make the system fort. that the American people would like us accessible by nontraditional candidates I want to point out that this cam- to. I think are the four principles of cam- Mr. PALLONE. Mr. Speaker, I just paign finance reform has to be biparti- paign finance reform. san. It has to have four principles that want to thank the gentlewoman, be- b 2000 cause I think she really encapsulated I think are essential in any bill. It has Do Members know what? We have the the way I feel and the way many of us to be fair. This bill cannot be designed bills to do that. We have more than feel. to help the Republican Party nor the I have to say last weekend when I Democratic Party. It cannot have the just my bill. We have a bipartisan bill; was in the district, I had people come favor of one party over the other. different, not much different. We have up to me and talk to me about the Second, the bill has to reduce the in- different approaches. We have people amount of money that is going to be fluence of special interests. We have to who want to clean up pieces of cam- spent by these committees on inves- bring down the amounts that political paign reform, those who want to clean tigation, and people were literally out- action committees can contribute. We it all up. raged by the millions of dollars. But also have to limit large single donors. None of these bills, none of them, the amazing thing is that this funding I think we have to limit the amount have been able to be scheduled for a resolution that the House Republicans that an individual can give, as the gen- hearing. I speak tonight in this col- expects us to vote on tomorrow would tlewoman from Texas just pointed out, loquy with my colleagues to ask the spend $8 to $11 million more than what so that this House should be accessible American public to rise up and demand is being proposed in the Senate com- to anyone, not just those who are mil- that the leadership of this House, that mittee, and yet limiting it exclusively lionaires and go out and spend their the Speaker of this House, set for a to the White House, not even discuss- own money. hearing, set for a vote, a campaign fi- ing congressional activity on the Re- Third, it has to have a level playing nance reform bill. We must bring that publican or the Democratic side, and field. We have to make campaigns com- to the House. yet it is $8 to $11 million more. petitive. How do we do that? By enact- I plead with my colleagues to help Again, I did not want to dwell on the ing spending limits so that essentially alert the American public that this fact of what the chairman is doing everybody who is in this process knows process is broken and it is not going to here, but I have to conclude that the exactly how much is going to be spent get fixed, it is only going to get di- chairman himself, based on what was and those who just spend the most are verted by attention to what is going on in the Washington Post today, clearly not the winners. in the White House, what is going on in he does not want this investigation Fourth, the principle for campaign fi- the Senate, but not to what is going on opened to deal with congressional ac- nance reform has to include access to to fix campaign laws in America. tivities, because maybe it will impli- the system by nontraditional can- I would be glad to be involved in any cate him perhaps. That is what is real- didates. I was sworn in in the very spot discussion the gentleman wants to ly an outrage here, that they are try- that the gentleman from New Jersey have. ing to make this so partisan, just the are standing in in a special election in Mr. PALLONE. Mr. Speaker, I appre- White House, all of this money, and re- 1993. It was the first time I stood on the ciate the gentleman’s comments. He fusing to deal with any investigation of House floor. I looked out, as the gen- has really been very modest, because activity on either side of the aisle in tleman are looking at me today, to a the fact of the matter is that he knows the House of Representatives and in sea of white males. Sandy was shocked this issue very well, and that his legis- congressional campaigns; then at the coming from the California legislature, lation is very well thought out and same time saying we will not consider where it is much more gender balanced very specific about what we should be campaign finance reform, we will not and ethnic balanced than the U.S. Con- doing. bring it to the floor, we do not have a gress, and it hit me that indeed, if this I think what the gentleman is say- deadline, we do not have a proposal. institution is going to be of, by and for ing, and I think we all agree, is that Fortunately for us, we have someone the people, then it has to have people there are a number of bills out there. here with us tonight who does have a of America in here, and it is not doing There is not necessarily any miracle March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1175 cure. We have some areas where we initiative that the people enacted last to have how much money you can raise agree and others where we do not. But November which severely restricts not from PAC’s, and it cannot all come the bottom line is that we are in the only what contributions can be given, from there; how much can come from minority and we do not control the but how much one can spend in a cam- wealthy individuals, it cannot all come process here. Unless the Republican paign. from there; how much can come from leadership and the chairmen of the The point is that running for public yourself, you cannot just pay for your committees have hearings, let legisla- office is a very exciting opportunity. own campaign out of your own pocket. tion come to the floor, set a deadline We ought to allow people to receive That way we allow this diversity of when we can consider these bills, noth- contributions. I think we can limit the contributions to be getting in, limiting ing is going to happen. amount of contributions, and we can the amount, limiting the total capac- All we have really been doing for the limit the category of those contribu- ity of that particular area, and allow last month or so on the floor here al- tions, but we ought not to limit the you then to run a competitive cam- most every night or every other night source of contributions. By that, going paign for $600,000 or less. is to demand that some action be back to the gentlewoman’s point, is Mr. PALLONE. I appreciate the com- taken, and that the Republicans allow that Emily’s List, like others, there is ments the gentleman made. I know some of these bills to come up. the Wish List, a more conservative that our time is running out, because I yield to the gentlewoman from group, but there are groups out here we want to yield for another special Texas [Ms. JACKSON-LEE]. that call out to people who are on their order tonight, but there are going to be Ms. JACKSON-LEE of Texas. Mr. lists, who have signed up and said we a lot more opportunities. Speaker, I just wanted to say a few are supportive of your cause. We are going to be here every night, comments, and I would like to engage A mail solicitation goes out to those if necessary, to make the point that we my colleague in a colloquy on his legis- people and says, ‘‘By the way, Mrs. want campaign finance reform to come lation, though he has been kind enough SHEILA JACKSON-LEE of Texas is run- to the floor, and that the Republican to acknowledge that there are many ning for Congress. We support her ac- leadership has an obligation to make others. We are not here to at this time tivities. She is a woman, she has served sure that that happens in this session debate the pieces of legislation. in the Texas legislature, she has a dis- of Congress and as soon as possible. I think something is important that tinguished background, and we think I thank the Members again for join- goes to the point that we have now she warrants election to the United ing with me. This is just the beginning agreed with on the average person hav- States Congress, and would you women of a lot more discussion on this topic. ing access to the United States Con- around the country please send us a Ms. JACKSON-LEE of Texas. Mr. gress. One of the most successful proc- small contribution. Together we will Speaker, I thank the gentleman very esses is, as the term is used, bundling. put these contributions together; that much, and I certainly hope that the I want to raise that because it does not is called bundling, and we will send outrage over $50 million is something that we can focus more on what we sound good. It is important as we have them to SHEILA JACKSON-LEE.’’ I do not see any problem with that. should be, which is getting real cam- the discussion that people would under- That organization does not come down paign finance reform. stand that there are a lot of processes here and lobby. It does not ask for any Mr. FARR of California. It is too bad in campaign finance that are not nega- votes. It does not have an agenda in we have to schedule a special order to tive, that are in fact enhancing and politics. What it is doing is trying to discuss campaign finance reform. We helpful. elect the right people to public office. ought to be doing this in a regular ses- If we do not get on with the people’s There are a lot of groups like that. I do sion, in a regular time, to vote on a business of debating, we are going to not think we ought to restrict them. bill, not just to talk about the bill. get the American people so angry they Some of these campaign finance reform Mr. PALLONE. Mr. Speaker, I yield are not going to be able to accept any- bills say that should not happen. back the balance of my time. thing that may come forth, and there I was a former Peace Corps volun- f are some positive aspects. teer. When I ran for Congress I wrote NAFTA TODAY I might ask my colleague, the gen- people that I served in the Peace Corps tleman from California, one that comes with. Why? They knew me. I was also The SPEAKER pro tempore. Under to mind, of course, is a group that so in a university. I wrote to the people the Speaker’s announced policy of Jan- intelligently organized around helping that were in my class in the university. uary 7, 1997, the gentleman from Michi- women to get to the United States I graduated from a high school. I wrote gan [Mr. BONIOR] is recognized for the Congress. I was one of them who re- to the kids that were in that high remaining 30 minutes as the designee ceived the support. The minute I re- school. Some lived in my district, some of the minority leader. ceived the support from this group by lived in the State, some lived out of Mr. BONIOR. Mr. Speaker, I thank the name of Emily’s List, that takes State. the gentleman from New Jersey [Mr. $10 and $5 and $1 from women across When you run for public office, the PALLONE], the gentlewoman from the Nation, it seemed to be a band of way you get elected and the way you Texas [Ms. JACKSON-LEE], and the gen- acceptance. And certainly I started start a campaign is call up your friends tleman from California [Mr. FARR]. with very little in running for this of- and your family. I called up my family, I want to commend them for their fice. and they are Republicans and I am a discussion here this evening, and echo But it is important for people to un- Democrat, and they said, we will sup- their comments with respect to mak- derstand that there can be good con- port you. We probably never supported ing sure that we have campaign finance cepts that allow the average citizen to a Democrat before, but we will support on the floor of the House of Represent- give a dollar, and before he or she you because we are your family. That atives, so all sides and all issues and all knows it, a person who they care is the way you get into public life. facets of this complex issue can be about, who has their principles, can be None of these bills should stifle that. heard by the American people, and we elected because someone in New York What we are trying to talk about is can make some decisions that will gave $1 or someone in Florida gave $1. finance reform. Take the incredible ob- move us away from this terribly corro- Would the gentleman just share with scenity of having to spend $1 million to sive system we are now engaged in. us how he perceives that to help diver- get elected to the United States Con- Mr. Speaker, I would like to kind of sify and help this Congress? gress. The bill that I propose, and al- shift gears here and talk about some- Mr. FARR of California. Let me ex- most all of them, recognize that the thing that has been very important to plain that by going back to the State average costs of a campaign to the I think the country, an issue that will that I represent, California. When I was United States Congress is a little over be before this body very shortly. That in the California legislature we had to half a million dollars; $600,000. That is is trade. I am joined by my distin- run for that office with very tough the cap. We say you do not need to guished colleague, the gentleman from rules in the State, disclosure rules. Es- spend more than that to get elected. Pennsylvania, [Mr. RON KLINK], who I sentially those rules have been dras- We also say the way you collect think will also share some views and tically amended and modified by an money ought to be limited. You ought comments on NAFTA. H1176 CONGRESSIONAL RECORD — HOUSE March 19, 1997 That is what I want to talk about NAFTA, we had this surplus. Now we than 110,000, 110,000 U.S. workers have today, because we are about to embark have this deficit. That means that we already been certified under the upon another fast-track agreement are going in the wrong way, Mr. Speak- NAFTA unemployment program. which will get us into a series of trade er. Our trade deficit with Mexico is Thousands more have filed for the agreements with not only Chile but now at a record $16 billion. benefits and have not been certified but other Latin American countries, and NAFTA proponents will argue that some eventually will get them. So the other countries around the world. My the reason we have this deficit, which figure on the job loss was not 200,000 concern is that it will be done without causes jobs, is because they had this created, as the NAFTA supporters told proper labor protections and environ- thing called the peso devaluation. For us time and time again. It is some- mental protections. That is why I some of the Members who are not fa- where between 600,000 and 110,000 that think it is important to review the miliar with what happened in Mexico we know of and have been certified. NAFTA debate. right after NAFTA, the value of their And not all workers qualify for those Four years ago we had a major de- currency, the peso, which was way benefits, as I said. bate over the North American Free overvalued, and we said so on the Workers in more than 1400 factories Trade Agreement. For those of us who House floor, and we said it would be a in 48 States have applied for these fought the treaty back then, one that terrible mistake to go ahead with the NAFTA job retraining programs. But protects human rights and labor rights treaty, with the peso overvalued the as we all know too well, these workers and environmental rights, that is what way it was driven up by the specu- will not likely be moved into high-tech we wanted, we came to the floor of the lators, we said that that was happening and high-wage jobs, as trade theory House, and we are here again tonight and was going to continue to happen, suggests. to describe the flaws as we see it in and it would fall apart, and it would In fact, listen to this number, 65 per- NAFTA. have a dramatic effect on the workers. cent of workers who were laid off ended Four years ago, we had a vigorous de- That is exactly what happened. When up with lower paying jobs; 65 percent of bate that lasted months, and it cul- the peso crashed, Uncle Sam came in to the workers displaced in this country minated in a dramatic finish here on try to rescue them by providing them who were laid off ended up with lower the House floor in a very important loans. In addition to that, we had the paying jobs. vote for the country, and, indeed, for Mexican workers wake up one morning When we debated NAFTA, many cor- the country of Mexico and Canada as and 40 percent of the value of their sav- porations stepped forward to say that well. ings, their life savings, the currency jobs in the U.S. depended upon Then we watched as NAFTA took ef- they had in their pocket, was gone NAFTA’s passage. They promised to fect. We did not come to the floor night through devaluation. You can imagine create jobs in America. Corporation after night and say, it is not working, waking up and finding 40 percent of after corporation, multinational after it is not working, it is not working. We your worth just gone the next morning. multinational corporation said they hoped that we were wrong, that it, in- NAFTA proponents argue that the were going to create jobs. deed, would work. But we knew, I peso devaluation really was the prob- Next chart: Broken promises under think, not only in our minds but we lem, and that is why we have the defi- NAFTA. Ninety percent of companies knew in our hearts that the treaty was cit. But the facts do not bear that out. failed to deliver on their promise to flawed and it could not work. Many of The trends were in place long before create U.S. jobs if NAFTA passed, 90 us saw problems. We saw major prob- this peso devaluation. percent. In the weeks to come, we will lems. If the peso devaluation were the only be going through all of these corpora- Those of us who fought for a better reasons, other nations would suffer the tions, corporation by corporation, treaty back then are just as deter- trade deficit as well, but when we look plant by plant, worker by worker, to mined today to make sure that the at the record in trade between Japan let you know how this has unfolded. faults of NAFTA are addressed today, and Mexico, and the European coun- But tonight let me just give you one because today this debate, as I said, is tries and Mexico, we will find that they example. moving into a new phase. Supporters of have maintained their surpluses before, Let us start at the end of the alpha- NAFTA now want to expand it to new during NAFTA, and after the peso bet with Zenith, well-known TV countries. Let me tell the Members, ex- crash. Our trade balance had become a maker. Here is what Zenith said in 1993 panding it now would be like building a deficit 4 months before the peso crash. during the NAFTA debate. It said, Con- new room onto your house when your It had been trending that way for sev- trary to numerous reports that compa- kitchen is on fire and your roof is col- eral months prior to that. So the facts nies like Zenith Electronic Corporation lapsing. show that NAFTA is the cause of this will transfer all of their production fa- Before we expand NAFTA, we have to deficit, not the peso devaluation. cilities to Mexico as a result of fix it. There are a lot of things to fix. Next, let us take a look at the job NAFTA, the NAFTA offers the pros- It is no longer a question of theory. We claim by NAFTA proponents. I will get pect of more jobs at the company’s have had about 38 months to look, to this chart down here. I think this is Melrose Park, Illinois facility. digest, to understand, to take apart, pretty self-explanatory: Jobs Lost Here is what Zenith did. Zenith an- and to see what effect it has had on Under NAFTA. nounced late last year that it was lay- workers here in this country and in Remember back in 1993, when we de- ing off 800 of its 3000 workers at Mel- Mexico, and in Canada. NAFTA has had bated this, we all kept hearing that the rose Park. In addition, 510 workers 38 months to prove itself. We have seen proponents said we would create 200,000 have been certified for NAFTA trade the effects that NAFTA has had on our jobs, 200,000 jobs. We heard that figure adjustment assistance at Zenith facili- families and our jobs and our commu- over and over again. NAFTA pro- ties in Springfield, MO and Chicago, IL. nities, and the news is not good. I ponents practically guaranteed us that So these are the real life facts and think by any measure people have to 200,000 more jobs would be created if we the real life effects of NAFTA, and we understand that NAFTA has been a passed NAFTA. will be making sure that the public un- derstands what other corporations failure. b Let us look at our trade balance with 2015 have said and what they have not de- Mexico, the simplest measure of per- But using their own formula, which livered. formance. I have a chart right here. Be- is based on the numbers of jobs created Let me talk about what I think is the fore NAFTA, before NAFTA we had a through a certain dollar amount of real crux and the problem with NAFTA $1.7 billion surplus. Thirty-eight trade, we have lost over 600,000 jobs or and what it has done to the workers months later we have a $16.2 billion job opportunities since NAFTA took ef- here in this country. I want to talk trade deficit with Mexico. fect. And by using a very narrow defi- about the Mexican workers a little bit NAFTA proponents will say trade has nition by the Department of Labor, later as well. expanded 20 percent between the coun- which includes only those workers who What has really happened here in tries. That is true, but it is expanding have applied and then been certified for this country is the downward pressure in the wrong direction. In 1993, before NAFTA unemployment benefits, more on U.S. wages that has resulted from March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1177 the North American Free Trade Agree- soared but wages have fallen by 25 per- est levels of the Mexican government. ment, the downward pressure on wages. cent. When we debated NAFTA, the Is this tragic? Yes. Is it permanent? It There was a study done at Cornell maquiladora workers were making $1 does not have to be. We still believe University for the Department of an hour; now they are making 70 cents that NAFTA can be a force for Labor. And listen to this, they found an hour. Workers who try to form progress. We still believe we can create that 62 percent of U.S. employers, 62 unions are being fired or thrown in jail. a consumer market in Mexico. percent, threatened to close plants I was down there a month ago. I vis- But before we ever think about ex- rather than negotiate with or recognize ited some of these villages and colonias panding NAFTA to other countries, we a union, implying or explicitly threat- in Tijuana and talked with some of need to fix a very flawed NAFTA here. ening to move jobs to Mexico, 62 per- these leaders and these workers. One of We need to give workers the same kind cent. People wonder why 80 percent of these leaders told me at his community of labor and health protections that we the workers in this country have had colonia in the community house where gave companies for things like intellec- their wages basically frozen or decline there were lots of people, he said to me, tual property. We need to include labor for close to the past 20 years. It is that Congressman, I went there and talked and environmental standards in the bargaining chip. It is that downward to the company about slowing down core agreement, not in some flimsy pressure on wages. It is the leverage the line because a lot of the people who side agreement. And we need to raise they have because of agreements like lived in this community were losing Mexico’s standard to our level, not this and, I might also add, because peo- fingers and hands. Instead they sped lower ours to theirs. ple are not standing up for their collec- the line up. So we organized and we We need to make noncompliance sub- tive right to join together and bargain. stopped work, and they fired me. And ject to sanctions, not just consulta- Unions in this country made the mid- they threw me in jail for trying to or- tions. And we need to remember this is dle class. At their zenith, at their ganize a union. not just about markets and trade bar- height in the 1940’s in this country, That is what we are up against and riers, this is about jobs and living when almost 40 percent of the private that is what is happening and that is standards. It is about human rights and sector employees in this country be- what is going on. human dignity. longed to unions, you saw incomes rise, NAFTA has not created to a Workers on both sides of the border benefits rise, health care, pensions. consumer market in Mexico. It has cre- are mistreated by multinational cor- Down to about 12 percent today, union ated an export platform. As a nation porations and indifferent governments. membership. They do not have any we now ship more consumer goods to But they remain brave and they re- power at the bargaining table today, Switzerland than we do to Mexico. A main hopeful. And until they have a the workers do not. The companies, good example is the auto industry. voice to speak for themselves, we must they say to these folks, listen, you From 1994 to 1995, production in the continue to be their voice. want a higher wage, you want a livable maquiladora for the domestic Mexican There are more people in this Con- wage, you want health care benefits for market plummeted 72 percent, but pro- gress, I might add to my colleagues, your family, you want a guaranteed duction for exports to the United who voted against NAFTA four years pension, I will tell you what, we cannot States grew by 36 percent. We are sell- ago than voted for it, and many who afford it, we are going south, you keep ing fewer cars to Mexico. Folks there voted for it say that they would never this up. do not have the money to buy it. When vote for it again. We look forward to And yet you look at CEO salaries in your income drops 40 percent overnight this debate. America today. They are out of sight. and when they are paying you 70 cents I yield to the gentleman from Penn- They are paying this guy at Disney, we an hour, it is hard to afford to buy an sylvania [Mr. KLINK], who has been so all grew up on Disney, loved it, automobile. eloquent and strong on this issue of watched it, Michael Eisner, $776 mil- As a result, our trade deficit in the protecting jobs and expanding job op- lion, 10-year contract, $776 million. I auto sector ballooned to more than $15 portunities and harmonizing Mexican mean, am I missing something here? billion. And meanwhile the environ- benefits to our level instead of bringing Did Mickey Mouse negotiate a peace ment is suffering the consequences as ours down to theirs. treaty in the Middle East? What en- well. Families along the border con- Mr. KLINK. Mr. Speaker, I thank my ables somebody to accumulate $776 tinue to live near and bathe in and good friend, the gentleman from Michi- million? drink water that the American Medical gan, the minority whip, for again lead- So these are the discrepancies that Association has called a cesspool of in- ing us in this issue. And I just want to are occurring here in this society be- fectious disease, a cesspool of infec- underline, first of all, before I start, tween the highest income earners, the tious disease. some of the points that the gentleman top people at these corporations, these Human health risks on the U.S. made because they are very important. multinationals and workers who are Mexican border. The estimated cost to No. 1, he pointed out the fact that we having their wages bargained down at clean up the border is $20 billion. Re- are not against free trade. Those of us the table. member the debate we had here about who come here to the well and who Let us take another example. At the the North American Development have said this is a flawed NAFTA agree Connor Rubber near Fort Wayne, IN, in Bank which was set up to fix these en- that a NAFTA agreement can be good. the midst of the union’s first contract vironmental and health problems? We can negotiate something that can negotiations, the company decided to After 38 months the bank has yet to work. We can have free trade with Mex- close the plant and move to Mexico. make a single meaningful loan for the ico, with Canada, with Argentina, with Same union pulled an organization pe- public good. They have made a loan to Chile, with the Caribbean Basin, with tition at a neighborhood subsidiary of a private development for $2.5 million, Europe, but it has to be fair trade. And Connor Rubber. The union official who but that is a far cry from the $20 bil- we got the short end of the stick. was organizing the subsidiary said that lion in infrastructure needs that they His other point that he made at the wages were lacking, their benefits were need in order to fix the environment very beginning is one that is very im- lacking, but they also wanted a job. along the border. portant. After we lost, it was a very So this is having a dampening effects What is more, NAFTA has helped cre- close vote, it was a very hard fought on wages in America. Fifty-seven per- ate what some call a wave line border vote, many of us put our sweat and our cent of Americans now say their pur- check. Listen to this: 11,000 trucks now tears and our lives for many months chasing power is worse than it was be- pass over the border from Mexico every into fighting for the working people of fore NAFTA, 57 percent. day, 11,000. For every truck that gets this country, something that we felt And the situation in Mexico is even inspected, 199 do not. They are just very strongly was going to be flawed, worse. As I said, the Mexican economy waved through, for God knows what is but when NAFTA passed, we went back basically collapsed. The maquiladora, on those trucks. They are just waved to work doing other things. We did not the area along the U.S. and Mexican through. come to the well of the House day after border in Texas and New Mexico, Ari- Every single week we seem to see an- day, week after week, month after zona and California, production has other story of corruption at the high- month, pointing to every small thing H1178 CONGRESSIONAL RECORD — HOUSE March 19, 1997 that occurred and blaming it on determine the precise number of jobs proponents of extending fast track so NAFTA. We did not say that because so that we have lost in this country. That that we can expand this horrible agree- many people in America got a cold or is very convoluted. ment without fixing it, they do not the flu it was NAFTA’s fault, just be- Mr. BONIOR. The gentleman makes a want us to read this report. cause a factory closed down here and good point. And the other piece I want Mr. BONIOR. Mr. Speaker, I thank closed down there, it was NAFTA’s to talk about for just a second with my colleague for his comments, and I fault. We did not make that point. him is, it was 60-some percent, I think apologize to my friend from California. We wanted to be wrong. We were hop- it was 65 percent I mentioned, of people I know he wanted to make a comment ing that the promises of 200,000 jobs who lost their jobs as a result of about fast track, and I am sorry, I did that were made by the proponents of NAFTA and jobs moving to Mexico, not realize we were short on time. NAFTA would take place and that people who have found other jobs have I thank my colleague from Penn- many of those jobs would occur in the found them at lower pay. If an individ- sylvania for coming out and talking to gentleman’s district in Michigan and ual was making maybe $12 an hour, us this evening about his views on this my district in Pennsylvania and some they may have found another job but it issue, and we look forward to a hearty of our other friends in Ohio and Cali- may be at $7 or $8 an hour. debate. And, again, I say to my friend fornia and across this country. So what happens when that occurs in from California, I look forward to par- a family? Their standard of living is di- b 2030 ticipating with him in this as well. minished considerably, so they go out f That was our hope. Unfortunately, and get another job. They have 2 jobs, that has not occurred. 3 jobs, to make sure that income level LESSONS IN EDUCATION, THE As my friend pointed out, what really in the family is where it had been. IMPACT OF NEW SPENDING we have seen is promises broken. All of What does that do? The SPEAKER pro tempore. Under those companies, many of those compa- Mr. KLINK. If the gentleman will the Speaker’s announced policy of Jan- nies which came out making all kinds yield, that is when they find out they uary 7, 1997, the gentleman from Michi- of promises, telling us all of the won- have less time to put into their family gan [Mr. HOEKSTRA] is recognized for 60 derful things that were going to occur, and their community. minutes. we called them the NAFTA poster com- Mr. BONIOR. That is correct. They Mr. HOEKSTRA. Mr. Speaker, before panies. They would come out with are not there for soccer for their kids, I begin with my comments, which are a fancy flyers saying we are going to cre- they are not there after school when series and talk about where we are ate these jobs. Indeed, 60 of the 67 com- their kids come home, or to help with going in education, I want to yield a panies that made specific promises PTA and the other community efforts. few minutes to my colleague from Cali- about jobs that would be created, in That is the untold factor here that we fornia to talk about a project that I fact have not fulfilled those promises are dealing with as a result of this have some interest in and I may learn of job creation. In many instances they downward pressure on wages and job something tonight about, a patent bill have eliminated jobs. Some of those loss. that he has proposed and a number of companies are no longer even doing I thank my colleague for raising that my constituents have called me about. business with Mexico. point. So I want to yield some time to my The gentleman’s point about the fact Mr. KLINK. When we heard all of colleague from California. that when NAFTA passed we had a these predictions about the 200,000 jobs Mr. ROHRABACHER. Mr. Speaker, I small $1.7 billion a year trade surplus that were going to be created almost thank the gentleman. There will be a with Mexico, and now we have a boom- immediately by this NAFTA agree- vote on the floor of the House of Rep- ing trade deficit with Mexico, I would ment, there was an assumption by both resentatives next month, probably the remind all of my colleagues this oc- the Bush and the Clinton Administra- middle of next month, that will mean a curs, Mr. Speaker, at a time when we tions. This had been started during the great deal not only to every Member of are including as exports to Mexico the Bush administration and then was fin- the House of Representatives but to factory equipment that we are sending ished by the Clinton administration. every citizen of the United States of down there by companies that have Both administrations made their pre- America. closed down their factories in this dictions based on the fact that they an- As we just listened to our colleagues country and are moving that factory ticipated we would have a trade surplus from the other side of the aisle talking equipment and those jobs to Mexico. with Mexico for at least 15 years. Im- about some of their observations of That counts as a surplus. That counts mediately, the year after NAFTA what has happened with the treaty as goods that we are selling to Mexico. passed, we went into a trade deficit with Mexico and some of the other eco- That is not legitimate goods and serv- with Mexico. nomic dealings that we have seen in re- ices. Those will, in fact, be used The shift from a small surplus of $1.7 cent years, it is clear that there is an against us. billion back in 1993 to a deficit of $16 elite in the U.S. Government and in the The increase of the U.S. trade deficit billion in 1996 in trade with Mexico United States and in our financial in- with Mexico and Canada has cost, we really has to be explained by the de- stitutions who are not loyal to the in- believe, about 420,000 jobs. Half a mil- valuation of the Mexican peso. And, as terests of the people of the United lion jobs. the gentleman said just moments ago, States. Mr. BONIOR. Good paying jobs, in and I think he did a great job of ex- This lack of loyalty perhaps is due to many instances. plaining it, NAFTA was responsible for the fact that they have a vision for a Mr. KLINK. The gentleman is cor- that devaluation. better world. They are trying to create rect. These were good paying jobs. And Then what occurred in this country, a global economy and, thus, they are as the gentleman said, when these and I do have a copy of the study from willing to sacrifice the interests of the workers were displaced they did not Cornell University that the gentleman American people. They are willing to get good paying jobs. talked about, it is called a Final Re- sacrifice the standard of living, the My State of Pennsylvania is one of port, the Effects of Plant Closing or freedom and the prosperity, and actu- the top two in NAFTA trade adjust- Threat of Plant Closing on the Right of ally the national security of our coun- ment assistance applications. For Workers to Organize. He is absolutely try in order to build this more perfect those people that do not understand, right, 62 percent of the employers in world and a global economy. that is a very complex procedure that this country, 62 percent of them said I think that this has manifested it- you qualify or you apply for benefits ‘‘We will close our plant rather than to self in NAFTA and some of these other based on the fact that you lost your job negotiate a contract with you’’ or ‘‘If things, the GATT. But we will have a because of NAFTA. Not everyone who you want to form a union, we are clos- vote in one month on H.R. 400, which I has lost their job because of NAFTA ing our plant. We can now go to Mex- call the Steal American Technologies has qualified for NAFTA TA benefits or ico.’’ Act. My legislation, H.R. 811 and 812, even applied for them. So this is only That happened all across this coun- will be there as a substitute for this one part of the puzzle when we try to try, if we read this report, which the horrible piece of legislation that is the March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1179 latest example of this elite class who and to protect our rights as Americans in Washington. It is lost on my col- are trying to create a global trading to own what we create. leagues, that as we come up with an system at the expense of the standard This will be one of the most impor- idea for more new programs, more good of living of the American people and tant decisions this Congress will make. programs, solving more problems from the rights of the American people. Two generations from now Americans Washington, that the increased spend- H.R. 400, the Steal American Tech- will suffer, our security will falter, our ing, the impact of that is that someone nologies Act which is coming to this way of life and our prosperity will go has to pay for it. So lesson 5 is, let us floor for a vote, is being pushed down and the American people will not not forget that new spending equals a through the system by an army of lob- know what hit them. It will be a Pearl new tax burden on America’s families. byists who have been hired by multi- Harbor in slow motion if this passes. These lessons in education, they are national corporations and huge Amer- The only thing that will stop it, the coming out of a process which we call ican corporate interests, who have only thing that will stop it is if the Education at a Crossroads. struck deals with those foreign cor- American people call their Member of b 2045 porations in order to change, fun- Congress to offset these lobbyists that Me and my colleagues, especially damentally change the technological are hired by the multinational corpora- BUCK MCKEON and FRANK RIGGS, who laws, the laws that govern technology tions and tell their Member of Congress share subcommittees with me on the in America. to oppose H.R. 400, the Steal American Committee on Education and the The fact is we have had the strongest Technologies Act, and to support H.R. Workforce, are currently working on patent protection of any country of the 811 and 812, which are pieces of legisla- this project, Education at a Crossroads, world, and that is what has ensured the tion that I have authored, Congress- what works and what is wasted. The American people for these last 200 man ROHRABACHER, which will purpose of our efforts is to do a survey years the ability to have a higher strengthen the patent system. around the country of education, what standard of living than other countries I want to thank my colleague for the results are. There is enough edu- of the world, because we were able to granting me this time from his time cation out there today or there are out-compete them. We had the techno- tonight. This is such an important enough issues out there today that we logical edge. It was our inventors, the issue for people to understand, that de- can say that at least in parts of our Thomas Edisons, the Cyrus McCor- mocracy will not work and America country today education is in a crisis. micks, the Wright brothers, all of these will not be strong unless our people get You go to Washington, DC, right out- people who were protected by the involved. side of this building, we are spending strongest patent system in the world, This whole effort, and I will close $9,000 per student. We get some of the who stepped forward to give the Amer- with this thought, it is a shocking lowest test scores in the country. We ican people the standard of living and thought, why are people trying to push have had hearings in California where this great chance for opportunity to something which is so evil and det- key people from universities come in uplift their way of life and improve the rimental to the United States? Yes, and they say, you know what we need standard of living of their children. But they believe in a global economy, but to do and what you need to do in Wash- that law is changing. part of their motive in reaching this ington is you need to make sure that Our country’s national security was global economy is they are trying to you continue funding our remedial edu- based upon our technological superi- harmonize our law with Japan. cation programs, and you kind of lean ority, but the laws that governed us, The elements that I just talked about forward and say, these are kids enter- that gave us the creativity and the in the law, which is changing in H.R. ing higher education in California, technology to defeat our adversaries, 400, are nothing more than an agree- what kind of remedial education do economically as well as militarily, are ment that has been reached with they need? And the answer is, well, trying to be changed and they are Japan, a hushed-up agreement to they cannot read or write at an eighth doing it in a sneaky way: H.R. 400, change our strong patent law into their grade level, so give us more money, and which I call the Steal American Tech- weak patent law. The harmonization of the answer is no, you do not need more nologies Act, which will be voted on in our law with Japan. It is absolutely an money. As experts in education, you about 3 or 4 weeks. outrage. It is frightening to think it is have got to get into the high schools, What it will do is, number one, elimi- happening and there are lobbyists all the middle schools and the grade nate once and for all the guaranteed over this city from powerful corpora- schools and figure out why kids are not patent term, which has been the right tions trying to push it through. learning. of the American people for 200 years. It I appreciate the gentleman’s giving You go around the country and you will, and hold on to your horses on this me this time to warn the people out compare our scores with international if you have not heard about this bill, it there who are listening and reading scores and we are not getting the kind will mandate that every American in- this in the CONGRESSIONAL RECORD. We of results we would like to get. So we ventor who files for a patent, whether can beat this but we have to act. know that there are some problems and or not that patent has been issued, that Mr. HOEKSTRA. Mr. Speaker, I some opportunities in education. We his patent application will be published thank my colleague for sharing with us also then want to take a look at after 18 months for the entire world to and look forward to learning more whether Federal programs are helping see. about this issue over the coming drive the creativity, the energy, the in- This means every economic adver- weeks. It is a critical issue. novation that we need in education sary, every enemy of the United I have had a number of my constitu- today, or whether Federal programs States, everyone who would destroy ents calling me and saying get with the are a stifling wet blanket of rules and our country and our way of life almost, Congressman from California, sounds regulations on State and local efforts have every one of our secrets in order like he has a good thing going and it is to move education into the 21st cen- to use our technology against us. something we have to watch out for. So tury. And, finally, H.R. 400, the Steal I thank the gentleman for taking that Today I want to just make this addi- American Technologies Act, will actu- time. tional report. The first lessons that we ally abolish the Patent Office, which Mr. Speaker, I want to continue a se- had is parents care the most about again has been part of our country ries now that I have been doing for my their children’s education. That was since the founding of our Constitution, colleagues that outlines a project lesson one. The exciting thing about and resurrect it as what? As some cor- which we call lessons in education. going to New York, going to California, porate entity. A corporate entity, I This is the fifth in a series. This is the going to Phoenix, going to Chicago, might add, which will be able to accept fifth lesson, and it is about new spend- going to Milwaukee, going around my gifts; gifts from foreign countries, from ing and what the impact of new spend- district, going to Detroit, some of the different people. We do not know what ing is. toughest neighborhoods in the country, effect that will have on patent examin- The impact is that new spending and talking about education is that ers, which have been the people who equals a new tax burden. It is some- there are lots of places where edu- have made the decisions to protect us thing that sometimes is lost on us here cation is working. And the amazing H1180 CONGRESSIONAL RECORD — HOUSE March 19, 1997 thing is where education is working is portunity out there, nobody knows how taken a look at why kids cannot read, where parents and teachers and local to get the Federal money, let us de- but kids cannot read. The solution is, administrators have gone in and taken velop a guide to Federal funding for let us pair a student up with a volun- their school back, and they have taken education telling where the dollars are, teer. You could say why do we not pair their school back at the expense of dis- who to call, how to write your grants, a student up with a parent but, no, let trict administrators, State bureaucrats not to write your grants about what is us pair them up with a government- or Washington bureaucrats. going on in your local school district sponsored volunteer which through They have said, this is our school, or the problems that you have but how AmeriCorps may cost about $27,000, but these are our kids, we know their to write a grant so that the people who let us pair them up with a volunteer. names, you do not, we are going to run give the money out will give you Well, if we are going to have 1 mil- this school the way that we want to money. lion new volunteers, we are going to run it, the way it needs to be run, be- This is a license to steal from the have to have a way to manage this. cause we know what our kids need, we American taxpayer, a license to come Well, how do you manage 1 million peo- know what our communities like, and to Washington, mining for grants. This ple? Well, what we need is we need a we know how to bring the community, is about bureaucracy. This is where bureaucracy to administer a program parents and teachers, together to serv- Washington has come. Washington has to finance and manage our new tutors. ice our kids, and we do not want to be moved to becoming bureaucracy and So we have got the kids, we have got locked in by State or Federal bureau- has moved away from what it really the tutors, we need the bureaucracy to crats. should be, and that is a focus on our manage the tutors, to find them, but It is amazing the amount of innova- kids. now you say, how are we going to pay tion that takes place when parents and Today’s lesson. Today we focus our for these tutors, how are we going to teachers and local administrators are attention that when we decide to in- pay for the bureaucracy that manages given the freedom to move forward. So crease spending, that when we increase the tutors? Well, we are going to prob- that was lesson one, recognizing the spending, somebody has to pay for it, ably have to increase taxes either fact that people at the local level, par- so that when we increase spending, we today or on future generations, on our ents and teachers, care more about our create additional family tax burdens. kids, to pay for the Washington bu- children and their future than what bu- Remember that what the President is reaucracy the President needs to ad- reaucrats in Washington do. taking a look at doing over the next 5 minister the program to finance the Lesson No. 2. Good intentions do not years, again good intentions but, re- new tutors. equal good policy. Washington is full of member, good intentions do not nec- The tutors, the bureaucracy, the new good intentions. We have tried to do so essarily equal good results. More does tax burden. What then happens? We many good things for our children that not equal better. He wants to spend $50 have got a new tax burden. What we we have lost focus, that we are here to billion more on education and develop are trying to do tonight is we are try- serve the kids and not smother them. a whole new series of programs. And, ing to inform America’s families that, Over 20 to 25 years, we have devel- remember, if we spend $50 billion over hey, you are being informed that you oped 760 programs going through 39 dif- 5 years, that is $10 billion a year for must pay more taxes to pay for the ferent agencies and spending about $120 education. In the President’s eyes, that Washington bureaucracy the President billion per year. Lots of intentions, is a positive move, but remember when needs to administer the program to fi- lots of good intentions, poor execution, the President adds new spending, the nance the new tutors. So the family and actually now, when you take a end result of adding $10 billion of new now needs and they are saying, wow, look at it, poor results at the local spending is that there are 5 million we have to pay more in taxes or we are level. families that have to send an extra going to be spending more money. Lesson No. 3. More does not always $2,000 to Washington each year for the So what does this now do to the fami- equal better. It is kind of like when next 5 years. What we are doing is we lies? They are saying, wow, a tax bur- you have got a system and the system are moving families away from where den for our kids, or for us. We need is not working. Only in Washington do we want to be, which is a government more money. Families are forced to you say, to fix the system, what we that can be supported by a one-wage- send a second wage earner into the need to do is add a few more programs earner family and where a two-wage- work force to take a job, often a low- just like the ones that we have had and earner family is an option. We are mov- paying job, just to pay the taxes to pay to fix the system, just put a little bit ing with this kind of reckless spending for the Washington bureaucracy the more money in it. When you put a lit- to a situation where a two-wage-earner President needs to administer the pro- tle bit more money and a few more pro- family is going to be a requirement be- gram to finance the new tutors. grams, you know, we think that is cause one person is going to work to Now, what is the next step? You have going to fix it. support the family, the other person more two-wage-earner families, be- No, what it is time to do is to step has to work to support government. cause more families are forced to send back, to take a look at this and to say, That is wrong. a second wage earner into the work more does not always equal better, and The lesson is, new spending equals force to take a low-paying job just to more does not equal better when what new family tax burden. Either we are pay the taxes to pay to the Washington we are doing today is not working. going to pay for it because we are bureaucracy the President needs to ad- Lesson No. 4. Education is not about going to have to raise our taxes, but minister the program to finance the government or bureaucrats. It is about more likely we will do it the way Con- new tutors. More parents have less kids. It is not about tax credits, it is gress has done it for the last 29 years time to spend with their kids to teach not about Federal mandates. Education and the way this President is proposing them how to read. is first, last and always; education is that we do it, let us increase spending, Well, we have almost come full cir- always about children. And we have let us not increase taxes, let us in- cle. Because more families are forced lost sight of that with too many Fed- crease spending and let us pass along to send more taxes to Washington by eral programs. I will go through it a this new family tax burden on to our creating a second wage earner into the little bit later when we take a look at kids. work force to take a low-paying job where education in America has gotten It is the wrong thing to do. just to pay the taxes to pay for the to, at least at the Federal level. Take a look at this scenario in one of Washington bureaucracy President This is done by a cottage industry, a the programs the President is taking a Clinton needs to administer the pro- cottage industry that grew up because look at. The President says, we need 1 gram to finance the new tutors, more it recognized that education in Wash- million new tutors because, why? parents have less time to spend with ington had moved away from being for America’s children cannot read. their kids and to teach them how to kids; it had moved into becoming a bu- Well, if we are going to have 1 mil- read. reaucracy. And what are these binders? lion tutors to help our children learn As we have gone around the country Cottage industry, an independent orga- to read, take a look at what the cycle and as experts will tell you, the most nization that said, hey, there is an op- here is. Kids cannot read. We have not effective way to teach a child how to March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1181 read is to reinforce the learning at to send more money to Washington on Wednesday, and they are excited be- school with a parent at home or person education until we take a very good cause they worked for 20 hours at $5 an in the family at home reading to the look at what we’re doing with the hour, and they are going to get a check child. money that they are already sending for a hundred dollars. It does not make any sense. We are here on education. Washington spend- Twenty times five is one hundred. going to go out and we are going to ing and taxes are linked. By asking for This is a good deal. It would be if they ask, in this case, to pay for the tutors. $50 billion and more spending, you are got $100. They get their first check, and It is about $200 million a year. An aver- asking for $50 billion in more and new they say: age family if they have to pay more taxes, it’s the wrong thing to do. There ‘‘Well, where did this money go? You taxes, $2,000; that is either $2,000 that is plenty of money here in Washington. know, I’ve got $76, and it goes to all comes to Washington or it is $2,000 that It’s time to stop it, it’s time to take a these strange acronyms that they have stays with the family. One hundred look and do an honest appraisal, an no understanding what they mean.’’ thousand families are going to have to honest assessment of all of these Fed- But what we have got is we indoctri- have a second wage earner paying eral education programs. It’s time to nate our children, when they get that $2,000 in taxes to fund the tutors. take a look at if we’ve got a bureauc- first job, it is not really your money. It does not make any sense to have racy like this or a bureaucracy that re- You never see it, it never reaches your this kind of scenario in place, to have quires this kind of information to be checkbook, it never reaches your wal- families having more two-wage-earner published to go to the American people let. It goes somewhere else. families, not by choice but by a re- to tell them what’s available in edu- And then what happens? quirement because Washington wants cation funding, we’ve become too bu- That check leaves their pocket and to do more for your kids and the only reaucracy focused and not enough child goes to this wonderful institution in way Washington can do more for our focused. Washington which is called the IRS, kids is by putting more parents to Mr. Speaker, I just want to go on for and what happens when it gets to the work so that they spend less time with a few more minutes. This is not about IRS? The tale of two visions. What hap- their kids, which makes it harder for who cares about our kids. We all care pens in Washington when we get your them to learn how to read. Does this about our kids. We all care about edu- money? One of the best examples is make any sense? cation. But there is a fundamental dif- IRS wastes $4 billion, unsure if it can No, absolutely not. The time has ference between President Clinton’s ap- fix a computer problem. come to tell the President no new proach of spending more money on Think about this, $4 billion. This is 2 spending. The American people must more bureaucracy and increasing the million American families sending speak up and be heard on this. More tax burden on the American people to $2,000 to Washington for 1 year, 2 mil- new spending equals new family tax pay it in our approach. Education at a lion American families sending $2,000 burden. It is time for the American crossroads says we are going to reas- to Washington, and they are unsure if people to stand up and to tell the sess and clearly identify what is work- they can fix a computer problem. Well, President, no new spending. There are ing and what is wasted in these 760 pro- I will tell you there are 2 million 760 programs through 39 different agen- grams, over 39 different agencies, and American families who could have cies spending $120 billion per year. If we are going to focus on getting the spent a lot more time with their kids if we need more education for different money into the classroom. they had not had to work and send priorities, the money is there, and we The disappointing thing that we have $2,000 to Washington for this computer need to tell the President that. today is we walk across the street glitch. No, actually we do not need to tell when we come here to work. We walk After investing $4 billion in taxpayer the President that. The President across a street called Independence Av- dollars to try and remedy its ineffi- knows that. The President has said enue. In today’s world and today’s cient and unreachable computer sys- that. What we need to do is we need to Washington spending, that is now De- tems, the IRS has come to one conclu- remind the President of what he told pendence Avenue. What is done in sion. It is, unsure, if it can fix the prob- the American people not all that long these buildings has a significant im- lem. The agency expressed doubt that ago. pact on American citizens around the it was capable of developing modern country, whether it is Health and computer systems, saying it lacked the b 2100 Human Services or whether it is Hous- intellectual capital for the job. It may A few months ago he was not talking ing and Urban Development. These peo- be lacking the intellectual capital for about, the President was not talking ple in these buildings have way too the job, but the American taxpayers, about more spending for education. much influence on what goes on in because the IRS did not realize it could What did the President say on March America. not do the job, 2 million American fam- 27, 1996? He did not say, give me $50 bil- We talk about $50 billion of more ilies had to send $2,000 to Washington. lion more; let’s put 5 million more money going into this city and into They had to provide the financial cap- American families with two wage earn- these buildings just for education. ital, and it all went down the drain. ers to pay for new taxes or new spend- What does that mean? It means more Mr. Speaker, think about what hap- ing, the new tax burden by this edu- decisions, more control in Washington, pens when the money comes here to cation. He said exactly what we are a bigger Dependence Avenue and less Washington. Another program; again trying to do with education at a cross- independence and freedom at the local this one is out of the education pro- roads. So this is not going back and level. Every dollar of taxes that goes to grams. Only in Washington a report is telling the President he does not know. this city comes from an American fam- completed. The report says drug pro- This means going back to the Presi- ily and increases the family tax bur- grams do not work. dent and saying: den. OK. Thank you. Thank you for that ‘‘We agree with you. At least we The first stop of these tax dollars; analysis. agree with what you said on March 27, where is the first? The first stop is Now, based on that analysis and rec- 1996,’’ where he said we cannot ask the when you actually go to work and you ognizing that drug programs do not American people to spend more on edu- earn it, but you do not keep it for very work, what are you going to do about cation until we do a better job with the long. As a matter of fact, you do not it? What is the Education Department money we have got now. keep—some of the money you never going to do with the billions of dollars This was a speech to the National get. It was a wonderful invention called that they get every year for drug pro- Governors Association, their education withholding. grams? Only in Washington, when you summit back in March 1996. Mr. Speaker, I have got nephews and have a program that does not work, do The President knows we have got nieces that just began their first jobs, you say please give me some more plenty of money in education. The time and they are excited. They have got a money. Only in Washington. is now to say, no more spending; we job for $5 - $5.50 an hour. They work for The program does not work, and agree with you, Mr. President. We’re 20 hours that first week. Pay day is the what happens? We are going to spend not going to ask the American people following Tuesday or the following more money on the failed programs. H1182 CONGRESSIONAL RECORD — HOUSE March 19, 1997 Only in Washington does that make kind of systems to drive the right kind tionally illiterate. Fifty-six percent of sense. Only in Washington does it of behavior that makes things success- all college freshman require remedial make sense when something does not ful. education. Sixty-four percent of our work to pour more money into it and Mr. Speaker, we have talked a lot 12th graders do not read at a proficient ask more families to have a second about government spending. This is level. You would think as we increase wage earner to fund Washington gov- what happens to your taxpayer dollars. the amount of spending that SAT ernment that does not work. This is a problem. Let us move on to scores would have gone up over the last One final example out of our tale of what happens when those dollars move three decades, right? $123 billion of two visions document. This is a month- into the education system. spending. Wrong. They have gone down ly newsletter that we published. The There is a question about how many 60 points in the last three decades. State Department charging people with Federal programs there are. This ex- Last week we looked at two ways to passport questions. IRS cannot run a hibit is called the catalog of Federal approach education. There was the computer system; the Education De- domestic assistance. If you do not Washington-centered approach, which partment cannot run a drug program; think we help and have a lot of pro- is this, when we have these kinds of the State Department has taken an en- grams in place, in very small type this binders sitting on your desk at the trepreneurial approach. They are going lists all of the different Federal pro- local level. What it means is that local to develop customer service. grams of assistance that we have, and administrators are sitting at their Think about this. This is your Fed- it primarily lists just the names. And desks and they are gaming out how to eral Government that you are paying when we go to page FI–9 and go get Federal money. The other thing taxes for. They are going to develop an through FI–17, we find the section that that is happening, when they get these approach, and they are going to be- is called education, 8 pages, and if you programs, you can imagine the binders come customer focused. You are paying add all the programs up here just under and the rules and the regulations that for this agency with your tax dollars. this category you will find 660 different come back and fill up the rest of the They are going to become customer programs. shelf. centered. We then went to another organiza- When you get money from Washing- Hallelujah. tion, Government organization, CRS, ton, you do not get the money without But wait a minute. What does it and we said, you know, what do you strings attached. That is why, as we mean when we say the State Depart- think of this list? Is this an accurate have gone around the country, people ment is going to be customer focused? list of government’s involvement in have said the problem with Washington The State Department has created a education? And they said it is accu- money, and they will take the money customer service, not 800 number, to rate, but as we take a look at it, we because there is still a cost-benefit, provide you easy access service, but a that the cost of getting the money and 900 number for all inquiries regarding identify at least 116 other programs, administrating the programs is less passports. This 900 number will cost and we know of no better source then than what they receive back, but it is the public a dollar five per minute to the catalog of Federal assistance, so, not that big of a deal. What they tell answer questions such as: How many you know, we are really not sure, but us is, all over the place they tell us, we forms of ID do I need to bring? How you are going to the right sources. You get 10 percent of our money from Wash- long does it take to get a passport? The have asked us; we have identified at ington, we get 50 percent of our rules State Department, at least they are least 116 others, and this identifies 660, and regulations from Washington. consistent. They are also saying we so yeah, you are somewhere in the We know that the system, a Washing- want congressional offices to use the neighborhood of 7 to 800 different edu- ton dollar from a taxpaying family, 900 number if they have questions for cation programs. through the IRS, through the Edu- their constituents. I think that, you We talked about earlier this is the cation Department, back to the local know, at least they are being entre- cottage industry that has grown up, school district, we are estimating that preneurial, but they are forgetting who and what is in one of these binders? somewhere in the neighborhood of 60 paid for this in the first place. b 2115 The ironic thing would be, can you cents to 70 cents gets back to the child. What is in these binders are a de- imagine if this spreads to the IRS, the That means somewhere in the neigh- scription of the different programs, agency that cannot understand its own borhood of 30 plus is taken up by bu- how to apply, program purposes, what regulations and cannot develop a com- reaucrats. That means that the process is the flow of funds, who is eligible, puter system? And when you call it here in Washington is bureaucratically who do you contact, what is the range three times and ask three different focused, it is not focused on the chil- of awards. The funding opportunity people the same question, you get dren. index, which is the sheet at the back of three different answers, and you are This is why I agree with what the every binder, is this blue sheet. This is liable for it. Just would it not be won- President said in 1996. The issue here is derful if they develop a 900 number so a blue sheet, it is kind of a crib sheet. not about spending more money. This that, when you ask the same question It tells you as you are going through is what the President said. We cannot three times and get three different an- all of these different types of programs, ask the American people to spend more swers, you can pay three different and it gives you a rating system, it on education until we do a better job times $1.05 per minute to get the wrong tells you how easy or how difficult it is with the money we have now. answer. to get money. It not only tells you how Think about it. Instead of increasing We also go through and not only to get the money, but it tells you spending on education by increasing highlight what we think is waste in whether it is going to be an easy pro- that dollar or that $120 billion to $130 government, but we also highlight real gram. Like if it has one star, approxi- or $135 billion per year, we can get that life tales of the opportunity vision, mately one out of eight applications is money if we just take a look at how we which is people in their communities funded, or fewer. Two stars, approxi- spend it today and we do a better job. going out and making a real difference. mately one out of five to seven. One Instead of only letting 70 cents get There is a school in New York, Our out of four, one out of three, one out of back to the classroom, let us set a real Lady Queen of the Angels, spends two. aggressive objective. Let us get 75 $1,585. Think about it, $1,585 a year, So this has become a bureaucratic cents back to the classroom. That about one-fourth of what city, State, exercise. remember, this is not one would get us an extra $5 billion into and Federal governments spend on edu- binder, this is two binders. We get the the classroom, closer to the children. cating the child. Even by spending a two binders because it is 39 agencies, it I do not think that is enough. One of quarter they have shown dramatic im- is $120 billion of spending, and it is over my colleagues is going to be proposing provements in test scores each year, 760 programs. legislation that says maybe we ought and they are well superior to other This is a problem. This is $120 billion to move to 95 cents; that for every dol- schools in their area. of spending where we are not sure we lar that comes to Washington, the en- This is not about money getting good are getting the kind of results. One- tire process of applying for it, adminis- results. It is putting in place the right half of all adult Americans are func- trating it, and getting it back to the March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1183 child and reporting back to Washing- per year by 25 percent, and they cannot This is what happens. In 1993, the ton, that that entire process can only keep their own books. Think about President asked for significant new take 5 cents of the dollar. this. $600 million of your money and spending, significantly increasing the We need to design a system where the they cannot tell us where the money is family tax burden, and we put it into bureaucracy and the bureaucrats only going. agencies that are wasting your money take 5 cents and the kids and the The reward in Washington is when we and are making more of America’s teachers and the parents and the local have an agency that does not know families have two wage earners rather classroom get 95 cents. That is the dif- where its money is going, it does not than one. We are moving toward a gov- ference between a child-centered ap- know what kind of results it is getting ernment that is making a two-wage- proach and a Washington-centered ap- at a local level, what happens? Good earner family a requirement rather proach. job. As a matter of fact, you are doing than an option. A Washington-centered approach such a great job, we are going to give That is, I think, why parents and says, let us celebrate bureaucracy, let you another $200 million per year. Only families in America are frustrated. us give 30 cents to 40 cents of every dol- in Washington. More and more of them are spending lar to the bureaucracy. A child-cen- We could make a joke about it and less time with their kids, and they are tered approach says the kid is the most say, I am glad our tutors are going to doing it because they need to send important, let us get 95 cents to the be teaching our kids how to read, be- more money to Washington, and we child, and let us make sure that the bu- cause they could not teach them how come up with these convoluted reaucracy does not consume a lot of to do math because the agency back schemes that say, yes, you are spend- the money. home obviously cannot, or back in ing less time with your kids, so let us As we go through this process, it is Washington obviously cannot do math. start a new program that gets tutors important to shrink down that bu- Now, that would be a sad enough into your house or with your kids. But reaucracy, because we know bureau- state in and of itself, but there are we are going to need $200 million more crats will be paid and we know the bu- some reasons why the corporation says for that, which means that we are reaucracy will be funded. But we know, it cannot audit its books. Some of the going to have to have more of you at least in the current system, and this organizations that became part of the work, and so there is going to be more is why the President is right, the cur- corporation in 1993 were old agencies of you that are going to need tutors. rent system is not working the way that did not have the right accounting It is a vicious cycle. The problem is, that it should. It is robbing from our records and they had to upgrade those it is a vicious cycle in the wrong direc- kids each and every day. We need to be systems, so it was not a corporation tion, and if we went in the other direc- working with the President on examin- starting from scratch. Three or four tion and lowered taxes and lowered the ing and clarifying and improving the years later you would think, boy, you tax burden and lowered spending, we current system before we put an over- would think they would have gotten could have more families where two lay of new programs that duplicate the those problems ironed out. But it gets wage earners was an option rather than system and do not improve on it. worse. a requirement. I do not believe that the President The Corporation for National Service b has gone through this process. The in 1993 and 1994 was new spending, 2130 President has not proposed sweeping which means we had to go to the Amer- The bottom line on all of this is why reforms of our education programs, ican families and increase their tax do we want a one-wage-earner family sweeping reforms of how we bring these burdens. Remember in 1993 we had the rather than a two-wage-earner family? dollars to the local district. He has not biggest tax increase in American his- Because it recognizes the fundamental done that yet. He has not completed tory. We put it into organizations that thing in American society: That the this work. So before we give him more cannot keep their own books, and part most effective way to make a dif- money on education spending, we have of the Corporation for National Service ference in an education, the most effec- to complete this work, because if we is AmeriCorps. Part of AmeriCorps tive way to train and educate our chil- complete this work, I think that there matches up kids who go out and do vol- dren, is to have it at the local level. is a high probability that we will be unteer service, quote unquote volun- This chart, where we equate new able to fund many of the initiatives teer service, we pay them about $27,000 spending equals new tax burden, says that the President believes are essen- on average, and part of that cost is a Government programs with more new tial, that is if we agree in concept that stipend that enables them to get a col- spending, more new spending in edu- we should be doing that, we will be able lege tuition grant for about $4,000 or cation, increases the family tax bur- to fund many of those programs out of $5,000. den, so by having parents work longer, the existing base and not out of new Now, you would think that in a new working harder, and sending more spending, not out of new spending organization that is requiring kids to money to Washington, only in Wash- which increases our family tax burden. do service and saying if you do the ington do we believe that that will in- This process says, before we do new work, you get a stipend, you get the crease and improve education in Amer- spending, we have to take a look at the scholarship, that we would set up a sys- ica. 760 programs. Before we create the mil- tem that would match the kids to the I think the bottom line out of to- lion new tutors that we talked about dollars for their college tuition. The night’s discussion on education, Mr. on Americorps, the President is right, auditors come in, and this system Speaker, we have to go back and we we ought to take a look at why the started from scratch, no history, it have to hold the President accountable current system is not working. Why do started from scratch, and the auditors for what he said in 1996. Mr. President, we need new spending on literacy when come in and they say, guess what? please, do not come to Washington, we already have 14 literacy programs? Same old tune. These books are not please, do not come to Congress and Why do we need to spend new money auditable. ask for more money to pump into a here on tutors and put it through an So when we start paying out the system that only gets 70 cents to the agency? Think about what we are scholarships, we will not be able to ver- classroom. Do not come to Congress doing here. ify, or at least the auditors are telling with spending that will require 5 mil- We are putting money into an agen- us that the systems that the Corpora- lion families to pay $2,000 more in cy, a new agency called the Corpora- tion has in place, that should verify taxes so that you can do your edu- tion for National Service, started in whether the individual has put in the cation programs. the 1993–94 time frame, which when we required time, required hours to get Let us work together, let us work to- audited or we tried to audit the books the scholarship, we will not know gether in a bipartisan way to take a in 1996, we found the books were not whether that has actually occurred. look at what we are doing today. This auditable. Now, think of what that The system does not have any integ- is what you said: ‘‘We cannot ask the means. We are putting new spending, rity. When the system does not have American people to spend more.’’ You we are increasing the spending of an integrity, it opens itself up for fraud were right, but then why did you ask organization that spends $600 million and abuse. us and why are you asking us to spend H1184 CONGRESSIONAL RECORD — HOUSE March 19, 1997

$55 billion more? You said yourself, REPORT ON RESOLUTION PROVID- Mr. TOWNS. ‘‘we cannot ask the American people to ING FOR CONSIDERATION OF Mr. HAMILTON. spend more on education.’’ H.R. 1122, THE PARTIAL-BIRTH Mr. NEAL of Massachusetts. You are absolutely right, Mr. Presi- ABORTION BAN ACT OF 1997 Mr. NADLER. dent, until we do a better job with the Mr. SOLOMON, from the Committee Mr. PALLONE. Mr. GORDON. money we have now. You hit the nail on Rules, submitted a privileged report Ms. MCCARTHY of Missouri. on the head, we are not very good (Rept. No. 105–32) on the resolution (H. Mr. MCGOVERN. custodians of the $120 billion we are al- Res. 100) providing for consideration of Mr. RUSH. ready spending on education. We can the bill (H.R. 1122) to amend title 18, Mr. HASTINGS of Florida. do a much better job. We need to find United States Code, to ban partial- birth abortions, which was referred to Mr. LIPINSKI. out what is working in education. We (The following Members (at the re- need to find out what is wasted in edu- the House Calendar and ordered to be printed. quest of Mr. JENKINS) and to include cation. We need to identify the models extraneous matter:) that are working. We need to get rid of f Mr. COBLE. what is wasted and build on what is REPORT ON RESOLUTION PROVID- Ms. ROS-LEHTINEN. working, and when we do that, it is not ING FOR CONSIDERATION OF Mr. CRANE. an issue of more spending, it is an issue HOUSE RESOLUTION 91, PROVID- Mrs. JOHNSON of Connecticut. of being more effective. ING AMOUNTS FOR THE EX- Mr. GOODLING. When we do that, we will get to a sur- PENSES OF CERTAIN COMMIT- Mr. CASTLE. plus budget earlier, we will get to a TEES OF THE HOUSE OF REP- Mr. EWING. point where we are not going to ask RESENTATIVES IN THE 105TH Mr. OXLEY. more American families to put another CONGRESS Mr. KOLBE. person to work, or for a person in an Mr. SOLOMON, from the Committee Mr. BRYANT. American family to work longer hours, on Rules, submitted a privileged report Mr. BATEMAN. to work overtime, so they can fund (Rept. No. 105–33) on the resolution (H. Mr. DAVIS of Virginia. Washington bureaucracy. There is a Res. 101) providing for consideration of Mr. SHAW. better way to do this. You were right the resolution (H. Res. 91) providing Mr. FRELINGHUYSEN. in March of 1996. If you would say this amounts for the expenses of certain (The following Members (at the re- and repeat it in March 1997, you have a committees of the House of Represent- quest of Mr. HOEKSTRA) to revise and Congress that is willing and already atives in the 105th Congress, which was extend their remarks and include ex- working on this process, and willing to referred to the House Calendar and or- traneous material:) share the results with you. dered to be printed. Mr. RIGGS. Mr. DELAY. f This can be done. Our vision for our Mr. WELLER. budget, our vision is to have a one- SPECIAL ORDERS GRANTED Mr. PALLONE. wage-earner family being able to sup- By unanimous consent, permission to Mr. HOUGHTON. port and fund this Government. We do Mr. KENNEDY of Rhode Island. not want any more spending. We want address the House, following the legis- lative business and any special orders Mr. ENGEL. to get to a surplus budget as soon as we heretofore entered, was granted to: Mr. FAZIO of California. can, and we want to continue having a (The following Members (at the re- Mr. LOFGREN. surplus so we can continue paying quest of Mr. FRANK of Massachusetts) Mr. GREEN. down the $5 trillion debt that we have to revise and extend their remarks and Mr. RUSH. built up for our kids. include extraneous material:) Mr. HASTINGS of Florida. It is simple: A one wage-earner fam- Mr. SKAGGS, for 5 minutes, today. Mr. FRELINGHUYSEN. ily, a two- wage-earner family is an op- Mr. SAWYER, for 5 minutes, today. Mr. SHAW. tion. The budget for 1998 is a matter of Mr. STENHOLM, for 5 minutes, today. f choices. It is a choice between lessen- Mrs. CLAYTON, for 5 minutes, today. SENATE JOINT RESOLUTION ing the family tax burden or increasing Mr. HINOJOSA, for 5 minutes, today. REFERRED Washington spending. It is about mak- Mr. WEXLER, for 5 minutes, today. ing those choices. It is about restrain- Ms. BROWN of Florida, for 5 minutes, A joint resolution of the Senate of ing spending. It is about saying no to today. the following title was taken from the new spending, and it is about doing a Ms. MCKINNEY, for 5 minutes, today. Speaker’s table and, under the rule, re- better job with the money we have Mrs. MEEK of Florida, for 5 minutes ferred as follows: now. today. S.J. Res. 22. Joint resolution to express the (The following Members (at the re- sense of the Congress concerning the applica- This President is asking for over $265 tion by the Attorney General for the ap- billion in new spending authority for quest of Mr. JENKINS) to revise and ex- tend their remarks and include extra- pointment of an independent counsel to in- the next 5 years. I really think that vestigate allegations of illegal fundraising in neous material:) when we take a look at the $8 trillion the 1996 Presidential election campaign; to Mr. PAUL, for 5 minutes, today. we are going to spend over the next 5 the Committee on the Judiciary. Mr. WOLF, for 5 minutes each day, years, that the Congress and the Presi- f today and on March 20. dent can find savings of that $265 bil- Mr. HANSEN, for 5 minutes, today. ENROLLED BILL SIGNED lion to fund some of those new prior- Mr. CHAMBLISS, for 5 minutes, on ities, those that we agree with. We can Mr. THOMAS, from the Committee March 20. find $265 billion. We have just high- on House Oversight, reported that that lighted plenty of examples of where f committee had examined and found there is waste and abuse. EXTENSION OF REMARKS truly enrolled a bill of the House of the following title, which was thereupon We do not need 760 programs. We do By unanimous consent, permission to signed by the Speaker: not need education coordinated revise and extend remarks was granted H.R. 924. An act to amend title 18, United through 39 different agencies. We do to: States Code, to give further assurance to the not need to be spending $130 billion in- Mr. CLAY, to revise and extend his re- right of victims to attend and observe the stead of $120 billion. We do not need to marks after Mr. GOODLING, during con- trials of those accused of the crime. be creating entrepreneurial opportuni- sideration of H.R. 1, in the Committee f ties and cottage industries. I love en- of Whole today. trepreneurs in America, but this is not (The following Members (at the re- ADJOURNMENT productive work, telling them how to quest of Mr. FRANK of Massachusetts) Mr. HOEKSTRA. Mr. Speaker, I move get more money out of Washington. and to include extraneous matter:) that the House do now adjourn. March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1185 The motion was agreed to; accord- CFR Part 100] (RIN: 0906–AA36) received section 203(g) (110 Stat. 2451); jointly, to the ingly (at 9 o’clock and 36 minutes March 10, 1997, pursuant to 5 U.S.C. Committees on National Security and p.m.), the House adjourned until to- 801(a)(1)(A); to the Committee on Commerce. Science. 2335. A letter from the Director, U.S. Infor- morrow, March 20, 1997, at 10 a.m. 2346. A letter from the Director, Office of mation Agency, transmitting a draft of pro- Management and Budget, transmitting the f posed legislation to authorize appropriations administration’s legislative proposal regard- EXECUTIVE COMMUNICATIONS, for fiscal years 1998 and 1999 for the U.S. In- ing the allowability of executive compensa- formation Agency, and for other purposes, ETC. tion costs on covered Government contracts, pursuant to 31 U.S.C. 1110; to the Committee pursuant to Public Law 104–201, section 809(e) Under clause 2 of rule XXIV, execu- on International Relations. (110 Stat. 2608); jointly, to the Committees tive communications were taken from 2336. A letter from the Director, Office of on National Security and Government Re- the Speaker’s table and referred as fol- Government Ethics, transmitting the Of- form and Oversight. lows: fice’s final rule—Standards of Ethical Con- f duct for Employees of the Executive Branch; 2326. A letter from the Acting Executive Exception for Gifts from a Political Organi- REPORTS OF COMMITTEES ON Director, Commodity Futures Trading Com- zation (RIN: 3209–AA04) received March 11, PUBLIC BILLS AND RESOLUTIONS mission, transmitting the Commission’s 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule—Revised Procedures for Commis- Committee on Government Reform and Under clause 2 of rule XIII, reports of sion Review and Approval of Applications for Oversight. committees were delivered to the Clerk Contract Market Designation and of Ex- 2337. A letter from the Acting Deputy As- for printing and reference to the proper change Rules Relating to Contract Terms sistant Administrator, Office of Diversion calendar, as follows: and Conditions [17 CFR Parts 1 and 5] re- Control, Department of Justice, transmit- ceived March 10, 1997, pursuant to 5 U.S.C. Mrs. MYRICK: Committee on Rules. House ting the Department’s final rule—Consolida- Resolution 100. Resolution providing for con- 801(a)(1)(A); to the Committee on Agri- tion, Elimination, and Clarification of Var- culture. sideration of the bill (H.R. 1122) to amend ious Regulations (Drug Enforcement Admin- title 18, United States Code, to ban partial- 2327. A letter from the Chief, Programs and istration) [DEA Number 139F] (RIN: 1117– Legislation Division, Office of Legislative birth abortions (Rept. 105–32). Referred to AA33) received March 19, 1997, pursuant to 5 the House Calendar. Liaison, Department of the Air Force, trans- U.S.C. 801(a)(1)(A); to the Committee on the mitting notification of the Department’s in- Mr. DREIER: Committee on Rules. House Judiciary. Resolution 101. Resolution providing for con- tent to conduct a multifunction cost com- 2338. A letter from the Administrator, Fed- sideration of the resolution (H. Res. 91) pro- parison of the supply, maintenance, and eral Highway Administration, transmitting viding amounts for the expenses of certain transportation functions at Hickam Air the Administration’s status report entitled committees of the House of Representatives Force Base [AFB], HI, pursuant to 10 U.S.C. ‘‘Progress Made in Implementing Sections in the 105th Congress (Rept. 105–33). Referred 2304 note; to the Committee on National Se- 6016 and 1038 of the Intermodal Surface to the House Calendar. curity. Transportation Efficiency Act of 1991 2328. A letter from the Chief, Programs and (ISTEA),’’ pursuant to Public Law 102–240, f Legislation Division, Office of Legislative section 6016(e) (105 Stat. 2183); to the Com- PUBLIC BILLS AND RESOLUTIONS Liaison, Department of the Air Force, trans- mittee on Transportation and Infrastruc- mitting notification of the Department’s in- ture. Under clause 5 of rule X and clause 4 tent to conduct a cost comparison study of 2339. A letter from the Assistant Secretary, of rule XXII, public bills and resolu- the cadet food services waiters and sanita- Land and Minerals Management, Depart- tions were introduced and severally re- tion function at the U.S. Air Force Academy, ment of the Interior, transmitting the De- ferred as follows: CO, pursuant to 10 U.S.C. 2304 note; to the partment’s final rule—Response Plans for fa- Committee on National Security. cilities Located Seaward of the Coast Line By Mr. SPENCE (for himself and Mr. 2329. A letter from the Secretary of De- (Minerals Management Service) (RIN: 1010– DELLUMS) (both by request): fense, transmitting notification that the AB81) received March 13, 1997, pursuant to 5 H.R. 1119. A bill to authorize appropria- Secretary has approved the retirement of Lt. U.S.C. 801(a)(1)(A); to the Committee on tions for fiscal years 1998 and 1999 for mili- Gen. Steven L. Arnold, U.S. Army, and his Transportation and Infrastructure. tary activities of the Department of Defense, advancement to the grade of lieutenant gen- 2340. Secretary of Veterans Affairs, trans- to prescribe military personnel strengths for eral on the retired list, and certification that mitting the fiscal year 1996 annual report of fiscal years 1998 and 1999, and for other pur- General Arnold has served satisfactorily on the Secretary of Veterans Affairs, pursuant poses; to the Committee on National Secu- active duty in his current grade; to the Com- to 38 U.S.C. 214, 221(c), and 664; to the Com- rity. mittee on National Security. mittee on Veterans’ Affairs. By Mr. DINGELL (for himself, Mr. 2330. A letter from the Secretary of De- 2341. A letter from the Acting Secretary of GEPHARDT, Mr. OBERSTAR, Mr. BOR- fense, transmitting a report on the Joint De- Labor, transmitting the quarterly report on SKI, Ms. DEGETTE, Mr. MANTON, Mr. militarization Technology Program, pursu- the expediture and need for worker adjust- BROWN of Ohio, Mr. TOWNS, Mr. RUSH, ant to Public Law 104–201, section 227 (110 ment assistance training funds under the Mr. CLEMENT, Mr. CLYBURN, Mr. WAX- Stat. 2460); to the Committee on National Trade Act of 1974, pursuant to 19 U.S.C. MAN, Mr. MARKEY, Mr. MASCARA, Mr. Security. 2296(a)(2); to the Committee on Ways and BOUCHER, Mrs. TAUSCHER, Mr. 2331. A letter from the Maritime Adminis- Means. PASCRELL, Ms. FURSE, Mr. DEUTSCH, trator, U.S. Maritime Administration, trans- 2342. A letter from the Chief, Regulations Mr. BLUMENAUER, Ms. ESHOO, Mr. mitting a copy of the Voluntary Intermodal Unit, Internal Revenue Service, transmitting KLINK, Mr. STUPAK, Mr. ENGEL, Mr. Sealift Agreement, developed in accordance the Service’s final rule—Low-Income Hous- SAWYER, Mr. WYNN, Mr. GREEN, Ms. with the provisions of section 708 of the De- ing Tax Credit—1997 Calendar Year Resident MCCARTHY of Missouri, Mr. CONYERS, fense Production Act, pursuant to 50 U.S.C. Population Estimates [Notice 97–14] received Ms. RIVERS, Ms. KILPATRICK, Mr. App. 2158(f)(1)(A); to the Committee on Bank- March 19, 1997, pursuant to 5 U.S.C. BARRETT of Wisconsin, Ms. KAPTUR, ing and Financial Services. 801(a)(1)(A); to the Committee on Ways and Ms. DELAURO, Mr. OLVER, Mr. LIPIN- 2332. A letter from the Deputy Executive Means. SKI, Mr. DOYLE, Mr. DEFAZIO, Mr. Director and Chief Operating Officer, Pen- 2343. A letter from the Chief, Regulations JOHNSON of Wisconsin, Mr. sion Benefit Guaranty Corporation, trans- Unit, Internal Revenue Service, transmitting MENENDEZ, Mr. GORDON, Ms. BROWN mitting the Corporation’s final rule—Assess- the Service’s final rule—Transfers to Foreign of Florida, Ms. NORTON, Mr. WISE, ment of Penalties for Failure to Provide Re- Entities Under Section 1491 Through 1494 Ms. MILLENDER-MCDONALD, Mrs. quired Information—received March 13, 1997, [Notice 97–18] received March 19, 1997, pursu- LOWEY, Mr. CUMMINGS, and Mr. RAN- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee GEL): mittee on Education and the Workforce. on Ways and Means. H.R. 1120. A bill to assist local govern- 2333. A letter from the Secretary of En- 2344. A letter from the Chief, Regulations ments in assessing and remediating ergy, transmitting a draft of proposed legis- Unit, Internal Revenue Service, transmitting brownfield sites, to amend the Comprehen- lation to amend the Energy Policy and Con- the Service’s final rule—Guidance for Expa- sive Environmental Response, Compensa- servation Act to extend the expiration dates triates Under sections 877, 2501, 2107 and tion, and Liability Act of 1980 to encourage of existing authorities and enhance U.S. par- 6039F [Notice 97–19] received March 19, 1997, State voluntary response programs for reme- ticipation in the energy emergency program pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- diating such sites, and for other purposes; to of the International Energy Agency; to the mittee on Ways and Means. the Committee on Commerce, and in addi- Committee on Commerce. 2345. A letter from the Deputy Under Sec- tion to the Committee on Transportation 2334. A letter from the Secretary of Health retary for International and Commercial and Infrastructure, for a period to be subse- and Human Services, transmitting the De- Programs, Department of Defense, transmit- quently determined by the Speaker, in each partment’s final rule—National Vaccine In- ting the preliminary report on the invest- case for consideration of such provisions as jury Compensation Program: Revisions and ment strategy for the Dual Use Technology fall within the jurisdiction of the committee Additions to the Vaccine Injury Table—II [42 Program, pursuant to Public Law 104–201, concerned. H1186 CONGRESSIONAL RECORD — HOUSE March 19, 1997

By Mr. PAUL: by the Speaker, in each case for consider- COYNE, Mr. CARDIN, Mr. BAKER, Mr. H.R. 1121. A bill to amend the Federal ation of such provisions as fall within the ju- BENTSEN, Ms. CHRISTIAN-GREEN, Mr. Credit Union Act to clarify existing law and risdiction of the committee concerned. CLAY, Mr. CLYBURN, Mr. FOGLIETTA, ratify the longstanding policy of the Na- By Mr. HOUGHTON (for himself, Mr. Mr. FROST, Mr. GONZALEZ, Mr. tional Credit Union Administration Board HALL of Ohio, Mr. DAN SCHAEFER of MCCOLLUM, Mrs. MEEK of Florida, with regard to field of membership of Fed- Colorado, Mr. TORRES, Mr. GREEN- Mr. MICA, Mr. SNYDER, Mr. STARK, eral credit unions and to repeal the Commu- WOOD, Mr. FILNER, Mr. WALSH, Mr. Mr. VENTO, Mr. WALSH, and Mr. nity Reinvestment Act of 1977, and to pro- ABERCROMBIE, Mr. HULSHOF, Mr. AN- WOLF): vide for a reduced tax rate for qualified com- DREWS, Mr. BOEHLERT, Mr. MEEHAN, H.R. 1134. A bill to amend the Internal Rev- munity lenders; to the Committee on Bank- Mrs. MORELLA, Mr. MORAN of Vir- enue Code of 1986 to provide a credit against ing and Financial Services, and in addition ginia, Mr. PAYNE, Mr. BLUMENAUER, income tax to individuals who rehabilitate to the Committee on Ways and Means, for a Mr. DELLUMS, Ms. RIVERS, Mr. BROWN historic homes or who are the first pur- period to be subsequently determined by the of Ohio, Mrs. CLAYTON, Mr. BARRETT chasers of rehabilitated historic homes for Speaker, in each case for consideration of of Wisconsin, Mr. VENTO, Mr. LA- use as a principal residence; to the Commit- such provisions as fall within the jurisdic- FALCE, Mrs. TAUSCHER, Mr. LEVIN, tee on Ways and Means. tion of the committee concerned. and Mr. MCDERMOTT): By Ms. WOOLSEY (for herself and Mr. By Mr. SOLOMON: H.R. 1129. A bill to establish a program to GILCHREST): H.R. 1122. A bill to amend title 18, United provide assistance for programs of credit and H.R. 1135. A bill to provide for the protec- States Code, to ban partial-birth abortions; other assistance for microenterprises in de- tion of farmland at the Point Reyes National to the Committee on the Judiciary. veloping countries, and for other purposes; Seashore, and for other purposes; to the By Mr. ACKERMAN: to the Committee on International Rela- Committee on Resources, and in addition to H.R. 1123. A bill to amend the Internal Rev- tions. the Committee on Agriculture, for a period enue Code of 1986 to permit loans from indi- By Mr. GEJDENSON (for himself, Mr. to be subsequently determined by the Speak- vidual retirement plans for certain first-time POMEROY, Mr. BENTSEN, Mrs. KEN- er, in each case for consideration of such pro- homebuyer, education, and medical emer- NELLY of Connecticut, Mrs. LOWEY, visions as fall within the jurisdiction of the gency expenses; to the Committee on Ways Mr. GEPHARDT, Mr. BOSWELL, Mr. committee concerned. and Means. DELAHUNT, Mr. KUCINICH, Mrs. By Mr. WEXLER (for himself, Mr. By Mr. CRANE (for himself, and Mr. MALONEY of New York, Ms. MCCAR- FOLEY, and Mr. MCCOLLUM): HAYWORTH): THY of Missouri, Mrs. TAUSCHER, Mr. H.J. Res. 64. Joint resolution proposing an H.R. 1124. A bill to amend the Internal Rev- LEWIS of Georgia, Mr. KILDEE, Mr. amendment to the Constitution of the Unit- enue Code of 1986 to provide that no capital ANDREWS, Mr. GONZALEZ, Mr. BROWN ed States to prevent early release of violent gains tax shall apply to individuals or cor- of California, Mr. LAFALCE, Mr. criminals; to the Committee on the Judici- porations; to the Committee on Ways and FROST, Mr. SABO Mr. BORSKI, Mr. ary. Means. WISE, Mr. ACKERMAN, Mr. SAWYER, f By Mr. ENGLISH of Pennsylvania (for Ms. DELAURO, Mr. OLVER, Mrs. CLAY- himself, Mrs. KELLY, Mr. WATTS of TON, Mr. FILNER, Mr. BALDACCI, Mr. PRIVATE BILLS AND Oklahoma, Mr. WHITFIELD, Mr. BE- STRICKLAND, Mr. BLAGOJEVICH, Ms. RESOLUTIONS REUTER, Mr. POMEROY, Mr. TIAHRT, KILPATRICK, Mr. MCGOVERN, Mr. Mr. GILMAN, Mr. KLINK, Mr. FATTAH, PASCRELL, Mr. SANDLIN, and Mr. Under clause 1 of rule XXII, Mr. GREENWOOD, Mr. SANDLIN, Mr. UNDERWOOD): Mr. LIPINSKI introduced a bill (H.R. 1136) ACKERMAN, Mr. SOLOMON, Mr. H.R. 1130. A bill to provide for retirement for the relief of Leland E. Person; which was MANZULLO, Mr. PETERSON of Penn- savings and security, and for other purposes; referred to the Committee on Veterans’ Af- sylvania, Mr. FRELINGHUYSEN, and to the Committee on Ways and Means, and in fairs. Mr. HOUGHTON): addition to the Committees on Education H.R. 1125. A bill to amend title 38, United and the Workforce, Government Reform and f States Code, to provide that amounts col- Oversight, Transportation and Infrastruc- lected with respect to the provisions of ture, and National Security, for a period to ADDITIONAL SPONSORS health care at a Department of Veterans Af- be subsequently determined by the Speaker, Under clause 4 of rule XXII, sponsors fairs medical center may be retained by that in each case for consideration of such provi- were added to public bills and resolu- medical center; to the Committee on Veter- sions as fall within the jurisdiction of the tions as follows: ans’ Affairs. committee concerned. By Mr. EVANS (for himself, Mr. By Mrs. JOHNSON of Connecticut: H.R. 5: Mr. BONO. FILNER, Mr. GOODE, Mr. ADAM SMITH H.R. 1131. A bill to amend title 23, United H.R. 20: Mr. PORTMAN, Mr. LIVINGSTON, Mr. of Washington, Mr. HINCHEY, Mr. States Code, to make funds available for sur- ISTOOK, Mr. KASICH, Mr. ENSIGN, Mr. MILLER MASCARA, Mr. LIPINSKI, Mr. TAYLOR face transportation projects on roads func- of Florida, Mr. ENGLISH of Pennsylvania, Mr. of Mississippi, Mr. ACKERMAN, Mr. tionally classified as local or rural minor GOODLING, Mr. CHRISTENSEN, Mr. CRAPO, Mr. STUPAK, Mr. FROST, Mr. CALVERT, collectors, and for other purposes; to the KNOLLENBERG, Mr. SOUDER, Mr. NEY, Mr. Mr. BALLENGER, Mr. VENTO, Ms. Committee on Transportation and Infra- FATTAH, Mr. PARKER, Mr. ENGEL, Mr. EHR- PELOSI, Mr. LIVINGSTON, Mr. REGULA, structure. LICH, Mr. QUINN, and Mr. MCKEON. and Mr. UNDERWOOD): By Mr. KENNEDY of Rhode Island (for H.R. 21: Mr. FOGLIETTA. H.R. 1126. A bill to provide that certain himself, Mr. GILMAN, Mr. BERMAN, H.R. 38: Mr. HALL of Texas. service of members of the U.S. merchant ma- Mr. SMITH of New Jersey, Mr. POR- H.R. 44: Mr. CONDIT and Mr. HALL of Texas. rine during World War II constituted active TER, Mr. LANTOS, Mr. EVANS, Mr. H.R. 58: Mr. BONILLA, Ms. DANNER, Ms. military service for purposes of any law ad- KENNEDY of Massachusetts, and Mr. KAPTUR, Ms. MCKINNEY, Mr. GILLMOR, Mr. ministered by the Secretary of Veterans Af- HALL of Ohio): FORD, Mr. CUMMINGS, Mr. SMITH of Michigan, fairs; to the Committee on Veterans’ Affairs. H.R. 1132. A bill to limit U.S. military as- Mr. KNOLLENBERG, Mr. MOAKLEY, Mr. CRAPO, By Mr. HANSEN (for himself, Mr. CAN- sistance and arms transfers to the Govern- Mrs. EMERSON, Mr. HEFLEY, Mr. GOSS, Mr. NON, and Mr. COOK): ment of Indonesia; to the Committee on WHITE, Mr. LEWIS of Kentucky, and Mr. CAN- H.R. 1127. A bill to amend the Antiquities International Relations. NON. Act to require an Act of Congress and the By Mr. KENNEDY of Rhode Island: H.R. 65: Mr. GRAHAM, Mrs. KELLY, Ms. concurrence of the Governor and State legis- H.R. 1133. A bill to amend the Personal Re- LOFGREN, Mr. MENENDEZ, Mr. CONDIT, Ms. lature for the establishment by the Presi- sponsibility and Work Opportunity Rec- PRYCE of Ohio, and Mr. HALL of Texas. dent of national monuments in excess of onciliation Act of 1996 to provide exceptions H.R. 75: Mr. MORAN of Virginia, Mr. THOMP- 5,000 acres; to the Committee on Resources. for mentally disabled aliens from provisions SON, Mr. RANGEL, and Mr. SANDLIN. By Mr. HASTINGS of Florida (for him- which restrict welfare and public benefits for H.R. 107: Mr. DOYLE, Mr. SANDLIN, Mr. FOX self, Ms. SLAUGHTER, Mr. EVANS, Ms. aliens; to the Committee on Ways and of Pennsylvania, and Mr. WELDON of Florida. NORTON, Ms. PELOSI, Mr. OBERSTAR, Means, and in addition to the Committees on H.R. 127: Mr. KLINK, Mr. KUCINICH, and Mr. Ms. HARMAN, Mr. CLEMENT, Mrs. Agriculture, Commerce, and the Judiciary, BLAGOJEVICH. MEEK of Florida, Mr. FOGLIETTA, Mr. for a period to be subsequently determined H.R. 143: Ms. FURSE, Mr. GIBBONS, and Mr. FLAKE, Mr. SISISKY, Mr. GORDON, Ms. by the Speaker, in each case for consider- DAVIS of Virginia. CHRISTIAN-GREEN, and Mr. SKEEN): ation of such provisions as fall within the ju- H.R. 145: Mr. PETERSON of Minnesota and H.R. 1128. A bill to amend title XVIII of the risdiction of the committee concerned. Mr. VENTO. Social Security Act to provide for coverage By Mr. SHAW (for himself, Mrs. KEN- H.R. 150: Mr. CLAY, Mrs. MORELLA, Mr. of periodic colorectal screening services NELLY of Connecticut, Mrs. JOHNSON MCNULTY, Mr. PAYNE, Mr. DELLUMS, Mr. LA- under part B of the Medicare Program; to of Connecticut, Mr. LEWIS of Georgia, FALCE, and Mr. MCGOVERN. the Committee on Commerce, and in addi- Mr. ENGLISH of Pennsylvania, Mr. H.R. 234: Ms. WOOLSEY, Mr. VENTO, Mr. tion to the Committee on Ways and Means, JEFFERSON, Mr. HOUGHTON, Mr. NEAL MANTON, Mrs. CARSON, and Mr. OLVER. for a period to be subsequently determined of Massachusetts, Mr. MCCRERY, Mr. H.R. 242: Mr. MANTON. March 19, 1997 CONGRESSIONAL RECORD — HOUSE H1187

H.R. 303: Mr. BRYANT, Mrs. KELLY, Ms. H.R. 754: Mr. LIPINSKI, Mr. ROMERO- H.R. 990: Mr. VENTO. LOFGREN, Mr. MENENDEZ, Mr. CONDIT, Ms. BARCELO, Mr. VENTO, Mr. MCNULTY, Mr. H.R. 996: Mr. HASTERT and Mr. KENNEDY of PRYCE of Ohio, and Mr. HALL of Texas. FROST, Mr. BLUMENAUER, Mr. BORSKI, and Rhode Island. H.R. 339: Mr. HILLEARY and Mr. BUNNING of Mr. TIERNEY. H.R. 997: Mr. HASTERT and Mr. KENNEDY of Kentucky. H.R. 768: Mr. HOLDEN, Mr. MANZULLO, Mr. Rhode Island. H.R. 382: Mr. DELLUMS. BLUNT, Mr. PICKERING, Mr. GILLMOR, and Mr. H.R. 1032: Mr. DICKS, Mr. MENENDEZ, Mr. H.R. 520: Mr. SENSENBRENNER, Mr. SCHIFF, STENHOLM. LEVIN, Mr. BOUCHER, Mr. MALONEY of Con- Mr. BRYANT, Mr. BONO, Mr. ROHRABACHER, H.R. 773: Mr. CLAY, Mr. BISHOP, and Mrs. necticut, Mr. KIND of Wisconsin, Ms. and Mr. RIGGS. LOWEY. SANCHEZ, Mr. BALDACCI, Ms. KILPATRICK, Ms. H.R. 521: Mr. MENENDEZ and Mr. CALLAHAN. H.R. 786: Mr. MCINTYRE. STABENOW, and Mr. KENNEDY of Massachu- H.R. 551: Mrs. CLAYTON and Mr. FAZIO of H.R. 807: Mr. SCARBOROUGH, Mr. DELAHUNT, setts. California. Mr. BOEHLERT, Ms. RIVERS, Mr. PARKER, and H.R. 1033: Mr. ENGLISH of Pennsylvania, H.R. 552: Mr. FALEOMAVAEGA, Mr. MORAN of Mrs. KENNELLY of Connecticut. Mr. FOX of Pennsylvania, Mr. CANADY of Virginia, Mr. MCGOVERN, Mrs. LOWEY, Mr. H.R. 811: Mr. LIPINSKI, Mr. MILLER of Flor- Florida, Mr. HULSHOF, and Mr. HOSTETTLER. VENTO, Mr. LIPINSKI, and Mr. SHAW. ida, Mr. DAN SCHAEFER of Colorado, Mr. H.R. 1067: Mr. DAVIS of Illinois. H.R. 598: Mr. FILNER. STUMP, Mr. DICKEY, and Mr. BARCIA of Michi- H.R. 1074: Mr. RANGEL, Mr. GONZALEZ, Mr. H.R. 603: Mr. KLUG and Mr. UPTON. gan. DAVIS of Illinois, Mr. MARKEY, Ms. PELOSI, H.R. 622: Mr. PACKARD and Mr. EVERETT. H.R. 815: Mrs. CARSON, Mr. YATES, Mrs. Ms. SLAUGHTER, Mr. CLYBURN, Mr. STARK, H.R. 630: Mr. BONO, Mr. THOMAS, and Mr. TAUSCHER, Mr. PASTOR, Mr. MENENDEZ, and Ms. LOFGREN, Ms. CHRISTIAN-GREEN, Mrs. FAZIO of California. Mr. ROTHMAN. MINK of Hawaii, Mr. OWENS, and Mr. HAST- H.R. 631: Mr. FOLEY, Mr. WOLF, and Mr. H.R. 857: Mr. WATKINS. INGS of Florida. STEARNS. H.R. 880: Mr. LIVINGSTON, Mr. GOODLATTE, H.R. 640: Mr. TIAHRT. Mr. TIAHRT, Ms. KILPATRICK, Mr. REGULA, H.R. 1089: Mr. RANGEL. H.R. 659: Mr. GILCHREST, Mr. WELLER, Mr. Mr. PETERSON of Pennsylvania, and Mr. H.R. 1090: Mr. PELOSI, Mr. FOX of Penn- BUNNING of Kentucky, and Mr. MOLLOHAN. LEWIS of Georgia. sylvania, Mr. REGULA, Mr. PARKER, and Mr. H.R. 671: Mr. SENSENBRENNER and Mr. H.R. 912: Mr. CALLAHAN. QUINN. VENTO. H.R. 947: Mr. LATOURETTE, Mr. BILBRAY, H.J. Res. 56: Mr. FILNER, Mrs. NORTHUP, H.R. 680: Mr. TOWNS. Ms. RIVERS, Mrs. THURMAN, Ms. LOFGREN, and Mr. CUNNINGHAM. H.R. 687: Mr. FOGLIETTA, Mr. FATTAH, and Mr. BISHOP, Mr. JEFFERSON, Mr. MCDERMOTT, H. Con. Res. 14: Mr. BARRETT of Wisconsin, Mr. FILNER. Ms. STABENOW, Mr. TORRES, Mr. COYNE, Mr. Mr. JEFFERSON, Mr. MENENDEZ, Mrs. MEEK of H.R. 688: Mr. LATOURETTE and Mr. BUYER. FATTAH, Mr. SABO, Mr. MALONEY of Connecti- Florida, and Mr. MALONEY of Connecticut. H.R. 716: Mr. BUNNING of Kentucky, Mr. cut, and Mr. CLYBURN. H. Res. 37: Mr. MILLER of California, Mr. COBLE, and Mr. LATHAM. H.R. 955: Mr. SMITH of New Jersey, Mr. WYNN, and Mr. FARR of California. H.R. 737: Mr. BEREUTER. BARTLETT of Maryland, and Mr. WICKER. H. Res. 98: Mr. BEREUTER. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, WEDNESDAY, MARCH 19, 1997 No. 36 Senate The Senate met at 10:30 a.m. and was Senate Joint Resolution 23, the Leahy RESERVATION OF LEADER TIME called to order by the President pro resolution. Following debate on these The PRESIDING OFFICER. If the tempore [Mr. THURMOND]. resolutions, Senators should anticipate Senator will suspend, under the pre- stacked rollcall votes at approximately vious order the leadership time is re- PRAYER 11:30. served. The Chaplain, Dr. Lloyd John Following disposition of these resolu- f Ogilvie, offered the following prayer: tions, the Senate may proceed to either Sovereign God, we submit our lives the certification of Mexico or the nom- APPOINTMENT OF AN INDE- to Your authority. Fill our minds with ination of Merrick Garland. Additional PENDENT COUNSEL TO INVES- clear convictions that You are in votes are, therefore, possible during to- TIGATE ALLEGATIONS OF ILLE- charge of our lives and our work today. day’s session following the stacked GAL FUNDRAISING We commit it all to You. votes. Mr. BENNETT. Mr. President, under May this commitment result in a The majority leader has asked me to the previous order, we now have an new, positive attitude that exudes joy remind Senators that this is the last hour of debate equally divided, and I and hope about what You are going to week prior to our adjournment for the have been designated as the manager do today and in the future. We leave 2-week Easter recess, so he would ap- to control the time on this side. I do the results completely in Your hands. preciate Senators continuing to co- not see a colleague yet who will con- Our need is not to get control of our operate and adjusting their schedules trol the time on the other side. lives, but to commit our lives to Your accordingly for the scheduling of legis- The PRESIDING OFFICER. Under control. You know what You are doing lation and votes. the previous order, the Senate will now and will only what is best for us and I thank my colleagues for their at- proceed to Senate Joint Resolution 22 our Nation. tention. for 1 hour, with 30 minutes under the There is nothing that can happen control of the distinguished Senator from Utah, 20 minutes under the con- that You cannot use to deepen our re- f lationship with You. So when success trol of Senator LEAHY, and 10 minutes comes, help us to develop an attitude under the control of Senator BYRD. UNANIMOUS-CONSENT AGREE- The clerk will report. of gratitude. When difficulties arise, MENT—NOMINATION OF MERRICK The legislative clerk read as follows: help us immediately turn to You and B. GARLAND A joint resolution (S.J. Res. 22) to express receive from You an attitude of for- the sense of the Congress concerning the ap- titude. Mr. BENNETT. Mr. President, as in executive session, I ask unanimous plication by the Attorney General for the ap- We place our hands in Yours and ask pointment of an independent counsel to in- You to lead us. Through our Lord and consent that at 3 o’clock today the vestigate allegations of illegal fundraising in Savior. Amen. Senate proceed to executive session to the 1996 Presidential election campaign. consider the nomination of Merrick B. f The Senate resumed consideration of Garland, to be U.S. circuit judge, and the joint resolution. RECOGNITION OF THE ACTING for it to be considered under the fol- The PRESIDING OFFICER. The Sen- MAJORITY LEADER lowing time agreement: 3 hours equally ator from Utah. The PRESIDENT pro tempore. The divided in the usual form. I further ask Mr. BENNETT. Mr. President, some able acting majority leader is recog- unanimous consent that immediately general observations prior to getting nized. following the expiration or yielding into the details of this resolution, I f back of the debate time, the Senate think, are in order. As this matter has proceed to a vote on the confirmation come before the Nation in the form of SCHEDULE of the nomination, and immediately press reports, television commentary, Mr. BENNETT. Mr. President, on be- following that vote, the President be newspaper analyses, et cetera, some- half of the majority leader, I announce immediately notified of the Senate’s thing that is very disturbing to me has that today the Senate will resume con- action and the Senate resume legisla- happened. That is, a single cloak of sideration of Senate Joint Resolution tive business. suspicion regarding illegalities and im- 22, the independent counsel resolution. It is my understanding this has been proprieties has been cast over all as- By previous order, from 10:30 a.m. to cleared on the Democratic side. pects of anything relating to campaign 11:30 a.m., the Senate will conclude de- The PRESIDING OFFICER (Mr. financing, campaign fundraising, and bate on Senate Joint Resolution 22, the HAGEL). Without objection, it is so or- campaign expenditures. Somehow, any- independent counsel resolution, and dered. thing related to raising money or

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

S2491

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VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2492 CONGRESSIONAL RECORD — SENATE March 19, 1997 spending money in a campaign has now that went into bringing people into the tion perfectly clear that I do not think become tainted, and we find people in White House, whether it is for over- we should appoint an independent the press and people in this Chamber nights in the Lincoln bedroom, orga- counsel because people in the press, or casting aspersions that, in my view, nized and orchestrated by the Presi- people in this Chamber, get all exer- are inappropriate and uncalled for. dent’s own hand, or for the coffees, as cised about activities in the three I would like to set the terms of the they were called, has reached a level of areas I have just described. None of discussion in this fashion. I suggest unprecedented pattern of activity, and them is serious enough to justify an that, of course, the first dividing line is I consider it to be inappropriate. independent counsel. Let’s focus on the between that which is legal and that I will stipulate that it apparently fourth area I have described, which I which is illegal. Many times in the was not illegal. That does not mean we consider to be the truly sinister areas. press reports no one is making this di- should not comment about it, we Mr. President, with that general viding line. They are attacking any- should not express our opinions about statement and overview, I am prepared thing dealing with fundraising as if it its appropriateness. But, clearly, it now to turn to my colleague from were all the same and all in the same does not call for the appointment of an Michigan and yield such time to him as pot. We should make it clear, we independent counsel. It is something he may require from his 30 minutes so should understand that many of the we can talk about in the political that we keep the time balanced in this things that are done for political fund- arena. It is on the legal side of the line. debate. raising are perfectly legal and, in my If we think it is inappropriate, we Mr. LEVIN. I thank my friend from view, perfectly appropriate, while there should say so. If we think the pattern Utah. are other things that are clearly ille- of activity in this area is just over- The PRESIDING OFFICER. The Sen- gal, and obviously anything illegal is whelmingly improper, we have the ator from Michigan. not appropriate. right to say so. But we must recognize, Mr. LEVIN. I thank the Senator for If I may, I was disturbed by some of once again, that some of that activity his invariable courtesy. I ask unani- the comments made on this floor with may clearly not have been illegal. mous consent that I be yielded 10 min- respect to the actions of the majority Drawing the line and coming over to utes. Senator LEAHY is not yet here, leader, primarily by the minority lead- the side of that which is illegal, I find, but I ask that, I am sure with his ap- er. The suggestion was left in the once again, there are degrees of ille- proval. minds of some people that the majority gality. Let me give you an example The PRESIDING OFFICER. Without leader was being accused of doing that has been heavily reported in the objection, it is so ordered. something illegal or improper by urg- press: the receipt of a $50,000 check by Mr. LEVIN. Mr. President, we will be ing people to attend a Republican fund- Maggie Williams, the chief of staff to voting on two resolutions later this raiser and urging people to support the the First Lady, while Ms. Williams was morning. The first resolution, that of Republican Party. Not only was it not in the White House. That apparently is the majority leader, is a clearly par- illegal nor was it improper, it was per- illegal. tisan document, for a number of rea- fectly appropriate for the majority Naturally, we take breaking of the sons which I will get into in a moment. leader of the Republican Party to en- law seriously. I don’t think we need an The second resolution, which Senator gage in this kind of activity. Just as, independent counsel, however, to inves- LEAHY and I have introduced, intends to be completely fair about it, in my tigate Maggie Williams accepting a to carry out the spirit and the purpose view it was perfectly appropriate and $50,000 check while in the White House, of the independent counsel law without perfectly proper for the senior Senator and I don’t think it is worth some of prejudging the Attorney General re- from Connecticut [Mr. DODD], in his the furor that has been created in the view and, unlike the first resolution of role as the general chairman of the press. If she broke the law in that in- the majority leader, the alternative Democratic National Committee, to stance, I think the Justice Department resolution includes allegations against engage in fundraising activity on be- and the FEC, whoever is the appro- Members of Congress. The majority half of the Democratic Party in the priate legal authority, can handle that leader’s resolution, the first resolution last campaign. The Senator from Con- without any difficulty and does not re- we will be voting on, does not in its necticut has not been attacked on the quire an independent counsel and, final clause, its action clause, make floor, as the majority leader was, but frankly, in my view, may not even re- reference to congressional campaigns, he has been attacked in the press, as quire the tremendous hue and cry that but only to the Presidential campaign. people have tried to cast the cloak of has risen in this area in the press. The second resolution avoids pre- impropriety that I described over all Again, I do not mean to minimize judging the Attorney General’s review, fundraising activities. someone who violates a regulation or urges that the review be carried out I will stand here and defend the right restriction, but there is a difference be- without any political favoritism or any of the senior Senator from Connecticut tween violations that are either inad- political pressure, and, perhaps most to do what he has done on behalf of the vertent, relatively innocent or spring- important, includes in that review Democratic National Committee as ing out of a lack of understanding of Members of Congress and allegations being perfectly appropriate as well as the rules to those violations that, in against Members of Congress. legal, just as I defend the right of the my view, are truly sinister. We should The first resolution is a partisan doc- majority leader for what he has done in not be talking about an independent ument for a number of reasons. First, fundraising activities that are per- counsel unless we have moved from the it mentions Democratic problems ex- fectly appropriate as well as legal. legal side of campaign funding and clusively. Second, it omits what it Now, on the legal side of the line those things that are perfectly appro- should include, which is a review of ac- there have been activities that have priate, toward those things that are tivities of Members of Congress. And, taken place that, in my view, while perhaps inappropriate and improper, third, it includes what it should omit, legal, are not appropriate. It is, per- across the line to those violations that which is a prejudgment of the process haps, legal for the President to have are inadvertent or relatively minor. We of the law that it seeks to invoke. had the kind of extensive contact with still don’t have the necessity of calling The independent counsel law provides campaign donors in the White House for an independent counsel until we that the Attorney General, upon re- that we have seen reported in the cross over into the territory of those ceipt of certain specific information press. The President has suggested that infractions that are truly sinister and from a credible source against certain every President has met donors in the have serious implications about misuse groups, including Members of Congress, White House, and therefore this is per- of power in very high places. shall take certain actions. It doesn’t fectly OK. I will agree, once again, that It is my opinion that there have been prejudge that action. The independent previous Presidents have on occasion enough violations in very high places counsel law doesn’t say that the Attor- met with donors to their party or to in areas that I think are truly sinister ney General, in the absence of specific their particular campaigns while in the that an independent counsel is, indeed, information from a credible source, White House. It is my personal opinion called for. But before I get into the de- will seek an independent counsel. It is that the scale and the organized effort tails of that, I want to make my posi- only when those first two steps are

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2493 taken where she determines that there than those that would be covered by television ads attacking somebody who is specific information from a credible this resolution, particularly in the area is running for Congress, for the Senate, source that then the independent coun- of tax-exempt organizations. in this case. sel law says she shall seek or, in the Just 2 months ago, the specially ap- A group using the same offices as case of Members of Congress or other pointed investigative subcommittee of Americans for Tax Reform, also a tax- than the specific covered officials, she the House Ethics Committee released a exempt group, puts on an ad on tele- may seek an independent counsel. unanimous bipartisan report relative vision saying the following: ‘‘When The purpose of this law, in which I to Speaker GINGRICH. Clinton was running, he promised a have been so deeply involved with Sen- Here is what that bipartisan report middle-class tax cut. Then he raised ator Cohen as my Republican counter- found. This is a quote: my taxes. He was just lying to get part in now three reauthorizations, the The subcommittee found that in regard to elected. This year he’ll lie some purpose of this law is to get an inde- two projects, Mr. Gingrich engaged in activ- more . . .’’ pendent investigation of top Govern- ity involving 501(c)(3) organizations that was That is a tax-exempt group that is ment officials at either end of Pennsyl- substantially motivated by partisan, polit- not supposed to be putting on partisan vania Avenue free from the taint of ical goals. ads, but the resolution of the majority politics. That is the purpose of this The subcommittee also found—these leader does not provide that the Attor- law, to try to remove the allegations are the words of the subcommittee— ney General will look into that kind of which swirl too often in election cam- that ‘‘it was clear that Mr. Gingrich in- activity by tax exempts; only Demo- paigns, or otherwise, that could involve tended’’—I emphasize the word ‘‘in- crats are mentioned and only the Pres- criminal activities, to remove the con- tended’’—‘‘that the [American Oppor- idential election is mentioned. sideration of those allegations against tunities Workshop] and Renewing The PRESIDING OFFICER. The Sen- certain individuals and groups from American Civilization Projects’’—those ator’s 10 minutes have expired. Do you partisan politics. are the 501(c)(3)’s—‘‘have substantial wish to yield more time? The independent counsel law, as I partisan, political purposes.’’ Mr. LEVIN. I thank the Chair, and I said, covers really three groups. First, The subcommittee said—this is a bi- think I better reserve the balance of there are covered officials—the Presi- partisan report—that ‘‘In addition, he Senator LEAHY’s time. dent, Vice President, Cabinet officials, was aware that political activities in The PRESIDING OFFICER. The Sen- a few named others. Where there is spe- the context of 501(c)(3) organizations ator from Utah. cific information from a credible were problematic.’’ Mr. BENNETT. Thank you, Mr. source that a crime may have been Mr. President, it is illegal for President. May I inquire how much time I have committed by one of these covered offi- 501(c)(3) organizations to participate in partisan activities. It violates the law. remaining? cials, then the Attorney General, if she The PRESIDING OFFICER. Nineteen finds those things have occurred, she Yet, you have here a bipartisan sub- committee of the House that finds that minutes and fifteen seconds. must seek an independent counsel. Mr. BENNETT. I thank the Chair. The second group is other persons Mr. GINGRICH, in regard to two Mr. President, I am interested in the where she might have a conflict of in- projects, engaged in activity that was comments by my friend from Michigan. terest. motivated by partisan goals and that He is a distinguished lawyer. I have And the third group is Members of he intended—he intended—that those never had the experience of going to Congress, where, in the case the first projects—I am using their words— law school. But I must respond out of steps have been taken and there is spe- ‘‘have substantial partisan, political experience relating to the political cir- cific information from a credible purposes’’ and ‘‘he was aware that po- cumstance. source, then she may, if she determines litical activities in the context of He decries at length ‘‘no reference to it is in the public interest, seek an 501(c)(3) organizations were problem- Members of Congress’’ and gives us an independent counsel. It is that third atic.’’ example out of the life of NEWT GING- You talk about specific information group which is omitted from the major- RICH, Speaker of the House, in saying, ity leader’s resolution. from a credible source. Pretty specific, why does not the resolution call on The law specifically provides for cer- pretty credible, bipartisan sub- Janet Reno to investigate the Speaker? tain congressional participation committee of the House of Representa- Mr. President, if Janet Reno were to through the Judiciary Committee. This tives, part of the ethics committee. decide that there was further action is very important as the Supreme And yet, in the first resolution that we that needed to be taken with respect to Court, in upholding this law in the case will be voting on, no suggestion to the Mr. GINGRICH, I doubt that she would of Morrison versus Olson, made special Attorney General that she review the run into any resistance in the White reference to the fact that the involve- possibility that the public interest re- House to that decision. I doubt that the ment of the Congress was limited be- quires her to seek an independent President would think that was not a cause the Supreme Court ruled under counsel relative to Members of Con- good idea for her to do that or send her the separation of powers doctrine that gress. Only the Presidential election is any kind of direction or subtle hints the Congress could not control the in the ‘‘action’’ clause in the resolution saying, ‘‘Do not pursue Mr. GINGRICH.’’ independent counsel process. And so before us. No reference to anything but The reason we have an independent the Supreme Court, in the Morrison Democratic activities in the ‘‘whereas’’ counsel operation is because the Attor- case, pointed out that the involvement clause. ney General is indeed subject to pres- of Congress was limited to members of There are other tax exempts that sure from the White House. And there the Judiciary Committee writing a let- should be considered by the Attorney is no such pressure with reference to ter to the Attorney General which, in General as provided for by the inde- Members of Congress, particularly turn, would trigger a report from her pendent counsel—$4.5 million went Members of Congress of the opposing within 30 days. That is what the inde- from the Republican National Com- party. pendent counsel law provides. mittee to a tax-exempt group called In this body, both the Senator from This resolution goes way beyond Americans for Tax Reform. Michigan and I sat with Dave Duren- that, because it would put the Senate According to the Washington Post, 20 berger. Dave Durenberger found out di- on record, albeit in a nonbinding way, million pieces of mail were sent out by rectly that there was no problem in the nonetheless the full Senate on record, that organization, millions of phone Justice Department coming after a which is far different than a letter calls in 150 congressional districts. Member of Congress. from members of the Judiciary Com- They even put on television ads in There are Members in this body who mittee. States, and in one State against a col- were here when Harrison Williams, I have indicated the partisan nature league of ours, attacking him for not known as ‘‘Pete,’’ was pursued by the of the first resolution that we are showing up for work. ‘‘That is wrong,’’ Justice Department and his own party going to be voting on. Let me just give said the television ad. This is by an or- and ultimately went to jail. a few examples of allegations made ganization that is not supposed to en- In the structure of our Government, against Members of Congress or others gage in partisan activity, putting on with the separation of powers, there is

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2494 CONGRESSIONAL RECORD — SENATE March 19, 1997 no pressure on the Attorney General in does explicitly put pressure on her. It but at the time of the meeting he was the executive branch that would pre- jumps to a conclusion as to what she a Federal employee. So here you have vent him or her from going after a should find at the end of a process. We the President, two non-Federal em- Member of the legislative branch, but should not do it. If anybody else is ployees and two Federal employees. there is clear pressure within the exec- doing it, they should not do it. We The discussion is whether or not John utive branch that could prevent an At- should not do it. Huang will move from his position at torney General from going after a Mr. BENNETT. I thank my friend the Department of Commerce to be- member of the executive branch. And from Michigan for correcting my legal come vice chairman of finance of the lack of understanding. And I do stand that is why the independent counsel Democratic National Committee. So statute was created. corrected and accept that instruction. I think the omission from the major- I say to him, and to any who feel, as here is the discussion in the Oval Of- ity leader’s resolution with respect to he apparently does, that Mr. GINGRICH fice, including the President, regarding Members of Congress is a recognition should be included in this, that I would the future role of John Huang, taking that the independent counsel was never be happy to have Mr. GINGRICH in- place in the presence of two of Mr. intended to go after a Member of Con- cluded in the resolution if indeed there Huang’s former associates in the pri- gress and it would be inappropriate to were evidence suggesting there was vate world. go after Members of Congress to put something that had not already come Mr. Huang made that move from the that in. It would fundamentally change out in the proceedings that have al- Commerce Department to the Demo- the nature of the independent counsel ready gone forward. cratic National Committee where he circumstance. The reason I am supporting this reso- raised, according to the Democratic lution is that I feel there is informa- Now, Mr. President—— National Committee, $3.4 million, $1.6 Mr. LEVIN. Would the Senator yield? tion that is being hidden within the ex- million of which has had to be returned Mr. BENNETT. I would be happy to. ecutive branch, coming from some- Mr. LEVIN. When the Senator says it where. I do not know whether it is by the Democratic National Com- was never intended that the inde- coming from the White House. I do not mittee because they have been deter- pendent counsel go after a Member of know whether it is coming from the ex- mined to be either inappropriate or il- Congress, I must yield myself 2 min- ecutive office of the President. But legal. utes to answer that. from somewhere, there seems to be Now, when you ask the question, do The law specifically provides that some kind of pressure being applied to we know everything we need to know when the Attorney General determines the Attorney General to keep her from about Mr. Huang and his activities it would be in the public interest, that proceeding with the appointment of an stemming from that meeting in the indeed she ‘‘may seek’’—I am quoting independent counsel, as Members of Oval Office presided over by the Presi- the law—‘‘an independent counsel for this body individually have urged her or relating to Members of Congress.’’ dent of the United States, we have Mr. It is very specific in the law. And I to do, including Members of the Demo- Huang taking the fifth amendment, re- just used the exact words, reading. cratic side of this body, who have urged fusing to tell us anything further on Members of Congress are included in the Attorney General to proceed with the grounds that it might incriminate this law. Indeed, it was the current ma- the appointment of the independent him. He joins with Charlie Trie, Pau- jority in this body that insisted that counsel. line Kanchanalak, Mark Middleton, For example, the senior Senator from Members of Congress be included in the and Webster Hubbell in taking the fifth New York [Mr. MOYNIHAN] has said it is law and wanted to make it mandatory, amendment, saying they will not co- time for an independent counsel. I am and now they are left out of the resolu- operate with the investigation on the sure my friend from Michigan would tion of the majority leader. grounds that it might tend to incrimi- not stand to censure the senior Senator The ultimate resolution was to make nate them. There are others who have it discretionary where the Attorney from New York for making that expres- sion. He has expressed that freely, not taken the fifth amendment but General found it in the public interest who have left the country, including to do so. But the majority in this body openly, and publicly as is his right. All the resolution does that is offered John H.K. Lee, Charlie Trie, Pauline had determined that Members of Con- by the majority leader is give other Kanchanalak, Arief and Soraya gress be included. They were included, Members of the Senate the opportunity Wiriadinata, Charles DeQueljoe, and left discretionary, but it is very pre- to make the same expression in a vote Mr. Riady. cise. If I can disagree with my dear friend, for a sense of the Senate—not binding, Of the four people who were in that it is very precise that Members of the not with a force of law, simply making meeting along with the President, one Congress are included in the inde- public the fact that they agree with has taken the fifth amendment and the pendent counsel law when it is deter- Senator MOYNIHAN in his calling for a other has left the country. Roughly mined by the Attorney General it independent counsel. half of the money that Mr. Huang Now, why is it that we feel there are would be in the public interest. raised has already been returned by the things that need to be examined with I will use 1 more minute. Democratic National Committee on an independent counsel that have not The pressure that the Senator from the grounds that it was either illegal Utah talks about, which he presumes been? There are many, and our time is limited, but let me go quickly, Mr. or inappropriate. I think this summa- comes from the White House—if it rizes the fact that we need much fur- does—is wrong. We should not com- President, to one example of something that I think calls out for the attention ther investigation into, (a), what was pound any such alleged pressure if, in decided at that meeting, and (b), what fact, it exists by putting pressure on of an independent counsel. On the 13th was done subsequent to that meeting her by this legislative body. Pressure of September, 1995, there was a meeting as a result of those decisions, but of from any source is wrong. If the White in the Oval Office, not in the Demo- the four non-Presidential participants House pressures her, it is wrong. cratic National Committee, not in By the way, she has shown tremen- some other governmental office, in the in that meeting, half of them are un- dous independence, tremendous inde- Oval Office in the White House. Presi- available to us to give us a version. pendence when it comes to the selec- dent Clinton, of course, was there and There are many more examples. I see tion of a decision to seek an inde- with him were four other individuals— my friend from West Virginia has ar- pendent counsel. This Attorney Gen- James Riady, not a Federal employee, rived. I will reserve such additional eral has shown no reluctance to seek an executive, indeed, an owner of the time as I have to summarize this later, the appointment of independent coun- Lippo Group; Bruce Lindsey, who was a and I yield the floor. sel. Government Federal employee and is So if there is pressure, there should the Deputy White House counsel; Jo- The PRESIDING OFFICER (Mr. not be pressure from any source, White seph Giroir, Lippo joint venture part- HUTCHINSON). The Senator from West House or Congress. That is exactly why ner and adviser and a former partner of Virginia. this first resolution, it seems to me, the Rose Law Firm in Arkansas, again, Mr. BYRD. Mr. President, on March runs so counter to the spirit of the not a Federal employee; and John 11, this body voted 99 to 0 to adopt a independent counsel law, because it Huang, a former executive with Lippo resolution that provides more than $4.3

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2495 million to the Committee on Govern- force looking into fundraising efforts and through the quality of that govern- mental Affairs for the sole purpose of in connection with the 1996 Presi- ance, to inspire and to uplift our peo- investigating any and all improper or dential election. In addition, a Federal ple. illegal activities stemming from the grand jury has already begun hearing So I urge each of my colleagues to 1996 federal elections. The investiga- testimony in connection with cam- focus on that opportunity and on the tion will cover the presidential and paign contributions to the Democratic great and long tradition of this body. congressional elections, and the results National Committee. But under the Let’s put aside this and all other un- will be made known to the public early independent counsel statute, each of wise techniques for embarrassing each next year. those efforts would cease. There would other and do something for the good of I believe that one of the primary rea- be no further authority for the Attor- the American people. If there are those sons the resolution had the full support ney General to convene grand juries or who want to embarrass themselves by of the Senate was because of the var- to issue subpoenas. Where is the logic? wrongdoing, they will be found out be- ious compromises that succeeded in Where is the logic in that, Mr. Presi- cause there are processes already at making the scope of the investigation dent? work to ferret out that information both bipartisan and fair. Absent those The decision to invoke the inde- and bring it to the full light of day. So accommodations, the resolution would pendent counsel process is, by law, a let us leave the investigation of cam- have been seen by the American people decision for the Attorney General paign abuses by both political parties as nothing more than an attempt by alone to make. Let us let the law work in the hands of the very capable people one party to gain political advantage as it was intended. We should not, charged with conducting them and over the other. through some misguided attempt at avoid the allure of ‘‘piling on’’ for po- That is why I am deeply concerned grandstanding, pass a resolution that litical advantage. It is time for us to with the direction now being taken serves no legitimate purpose except to remember our real duties and our with this measure. Unlike the resolu- score political home runs. Such a heavy responsibility to legislate and to tion that received the full support of course tends to call into question the govern for the common good and, by the Senate on March 11, this resolution integrity of the Justice Department that example, so encourage our Presi- specifically targets for investigation and of the entire independent counsel dent to do the same. by an independent counsel the Presi- process. Mr. President, I yield the floor. dent, the Vice President, unnamed This resolution has not had the ben- Mr. MOYNIHAN. Mr. President, I will White House officials, and the Demo- efit of committee examination and has vote against both the Republican and cratic National Committee, and it does been moved to the calendar by par- the Democrat resolutions. so based on nothing more substantial liamentary device—I suppose through I hold that the Attorney General than ‘‘reports in the media.’’ rule XIV. While that may be acceptable should appoint an independent counsel Mr. President, the American people for some measures, and is acceptable to investigate alleged improprieties by are painfully aware that both parties for some measures, I feel that, on a Democrats and by Republicans in fund- are guilty of abusing the campaign fi- matter this sensitive, a committee raising for the 1996 Presidential and nancing system currently in place. But should have certainly had the oppor- congressional campaigns. I believe the this resolution would seek to exploit— tunity to pass some judgment. The public will only be reassured if an inde- apparently for paritsan political ad- Congress is attempting to direct an At- pendent counsel looks into what has vantage—the actions of only a Demo- torney General, when the law specifies been happening. The issues must be cratic President and the Democratic the decision to invoke the independent aired in an independent, nonpartisan Party. Now, where is the objectivity? counsel is and ought to be, by constitu- setting. And if there have been viola- Where is the objectivity in that propo- tional necessity, that of the Attorney tions of law, there must be con- sition? General alone. sequences. Even if we disregard fairness, there is There is a mean spirit alive in this Last week, after much debate, the simply no logical reason why the Sen- town currently, Mr. President, which is Senate agreed to fund the Govern- ate needs to be spending its time on destructive, overly partisan and overt- mental Affairs Committee probe into this resolution. The simple truth is ly partisan, and thoroughly regret- illegal and improper fundraising and that the law governing the appoint- table. We seem to have completely for- spending practices in the 1996 Federal ment of an independent counsel al- gotten about the mundane necessities election campaigns. A unanimous Sen- ready provides a process that the At- of governing, like crafting a budget and ate believed that a credible investiga- torney General must follow. That proc- dealing with the myriad problems that tion requires that we look not only at ess is clearly laid out in the U.S. Code, face the American people. our President, but also at ourselves. and it does not—I repeat, does not—in- Instead, we are engaged in a feeding So, too, should an independent counsel. clude sense of the Congress resolutions. frenzy, like sharks that have tasted a Senate Joint Resolution 22 suggests The fact is, Mr. President, that this little blood and hunger for more. If you that the scope of the independent coun- is an unprecedented behest. have ever observed sharks being fed red sel’s investigation should be limited to Never before has the Congress at- meat, you know that it is not a pretty the allegations of wrong-doing by tempted to dictate the naming of an picture. And I am sure that the ex- Democrats in the 1996 Presidential independent counsel. We have never cesses of partisanship emanating from campaign. There is no mention of an passed any measure that would tell the Washington these days and being wit- investigation of congressional cam- Attorney General, as this resolution nessed by the American people are far paigns. does, that she ‘‘should’’ apply for the from appetizing. Senate Joint Resolution 23 does not appointment of an independent coun- No one is suggesting that we turn our call for the appointment of an inde- sel. The reason we haven’t done so is backs on corruption or fail to explore pendent counsel. To say again, in my because that would unnecessarily po- wrongdoing. But I implore some in this view, an independent counsel is the liticize a procedure that was expressly body to cool off and to try to get a only entity capable of conducting an designed to restore public confidence sense of perspective on this entire mat- investigation without dissolving into after Watergate by taking politics out ter. partisan bias. And it is the only way of of our criminal justice system. Service in the U.S. Senate is a tre- proceeding that avoids the appearance Furthermore, I find it ironic that we mendous honor. Each of us has ex- of conflict of interest. are debating this resolution at the pended great personal effort to get Mr. BIDEN. Mr. President, I would same time that the Justice Depart- here, including the straining of our like to offer just few comments to indi- ment’s Office of Public Integrity is ac- personal lives in order to attain a won- cate why I believe the course chosen by tively engaged in an investigation of derful prize, a seat in this great body. the majority today relating to the the very matters that this resolution The benefits of winning that prize in- independent counsel is unwarranted. seeks to have investigated. Career clude the opportunity to participate in First, the official responsible for ini- prosecutors are, as we speak, already governing the greatest country on tiating the appointment of an inde- working as part of an independent task Earth, the United States of America, pendent counsel—Attorney General

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2496 CONGRESSIONAL RECORD — SENATE March 19, 1997 Janet Reno—has maintained the high- think it possible that all the other Sen- the administration of justice and is not est standards of integrity and profes- ators who do not sit on the Judiciary authorized by the independent counsel sionalism. Second, the Attorney Gen- Committee can prudently or accu- law. I believe it an inappropriate effort eral has proven her willingness to re- rately make this judgement. to subvert the independent counsel quest the appointment of independent Not only do we have a comprehensive process. counsels in the past when she believed task force already reviewing the 1996 We spent 4 days debating this. We the statutory standard was met. And, campaign fundraising issues, but we have yet to confirm one single judge. third, the Attorney General has al- also have an Attorney General who has We may possibly have a vote on a ready undertaken a serious inquiry repeatedly shown her independence, in- nominee to one of the almost 100 Fed- into the campaign fundraising issues tegrity, and willingness to call for an eral judge vacancies before we go on and continues to consider, as the facts independent counsel. Since taking of- our second vacation. We have not had 1 develop, whether to seek an inde- fice, Attorney General Reno has re- minute of debate on a budget resolu- pendent counsel. quested the appointment of at least tion. We have not had 1 minute of de- As we review the facts, we must re- four independent counsels—Kenneth bate on the chemical weapons treaty. member that the independent counsel Starr, Donald C. Smaltz, David M. Bar- We have not had 1 minute of debate on statute is triggered only upon receipt rett, and Daniel S. Pearson—to inves- the juvenile crime bill. But we spent 4 of specific, credible evidence that high- tigate wrongdoing of high executive days on this. ranking Government officials listed in branch officials and other individuals I would have thought that the day the statute may have violated our covered by the statute. the President leaves for an inter- criminal laws. This is an appropriately In short, the most prudent course national summit with the President of high threshold that must be met before today is to wait for the Justice Depart- Russia would not be an appropriate the process of appointing an inde- ment’s investigation to be completed. time for attacking the President. I pendent counsel can go forward. This Then, and only then, can the need for would have thought it a time for com- standard is not met by vague allega- appointment of an independent counsel ing together to demonstrate to the rest tions. The law does not apply to uneth- can be evaluated based on a complete of the world that Democrats and Re- ical, improper, or unseemly conduct. and full record. publicans can work together and can at Rather, the statute is triggered only I would also add that this is con- least show support for the President of after the Attorney General determines, sistent with how I have proceeded in the United States as he pursues the in- after consulting with career Justice past cases. For example, in 1992, I, terests of the United States in his Department prosecutors and engaging along with several other Democratic meetings with the President of Russia. in a serious, deliberative process, that Senators on the Judiciary Committee That is the way we have always done the statutory test has been satisfied. sent a letter to then-Attorney General it. In my 22 years here, under the ma- The conduct of the 1996 elections are William Barr requesting that he call jority leadership of Mr. Mansfield, Mr. being carefully scrutinized by the De- for an independent counsel to inves- BYRD, Mr. Baker, Mr. Mitchell, and Mr. partment of Justice. A task force com- tigate the possibility that high-rank- Dole, we have always, always followed prised of career prosecutors from the ing officials engaged in obstruction of the rule that we do not bring some- Public Integrity Section of the Crimi- justice in the prosecution of a par- thing onto the floor of this Senate at- nal Division, supported by over 30 FBI ticular case. I did so only after Attor- tacking the President of the United agents, has been assembled to explore ney General Barr had appointed a spe- States as he is about to go into a sum- fully the range of issues that have been cial counsel, indicating that the Attor- mit. raised. This task force will determine ney General had already concluded Apparently, as the distinguished Sen- which, if any, of the allegations war- that criminal conduct may have taken ator from West Virginia said, there is a rant criminal investigation. Of course, place. I called for an independent coun- meanness going through this town, and if the task force receives specific evi- sel at that point to ensure that this in- that rule that has always been fol- dence from a credible source that a vestigation be carried out by someone lowed, a bipartisan rule always fol- person covered by the Independent whose independence was clear, rather lowed with Democratic and Republican Counsel Act may have violated the law, than by a special counsel hired by the Presidents, always followed with a preliminary investigation under the Attorney General. Democratic and Republican leaders, is Finally, we also need to keep in mind act would be initiated. But, to date, not going to be followed here today. I that there are some costs to appointing the Attorney General has determined think that is unfortunate. I think it an independent counsel at this time. gives an unfortunate image to the rest that the Department has not received An inquiry is already well under way— of the world, and it certainly is not in such evidence. FBI agents have been assigned to the In short, we are at the early stages of the best traditions of the U.S. Senate. task force and, according to press re- the task force’s operations where the It is also ironic that we are being ports, subpoenas have been issued and job is best left to career investigators asked to take this action today know- a grand jury has been convened. Once and prosecutors. ing that last Thursday the Republicans an independent counsel is appointed, What is more, under the independent and Democrats on the House and Sen- that inquiry must be shut down and counsel statute, it is the Judiciary ate Judiciary Committees sent written the independent counsel will have to Committee—not the full Senate—which requests to the Attorney General in- start from scratch. And as we know has the most proper oversight role of voking the statutory provisions that from past experience, independent the independent counsel process. I ar- counsel investigations can linger for provide a limited role for Congress in gued last week that was unnecessary years. So if we are interested in resolv- the independent counsel process. for the Judiciary Committee to make And, of course, this resolution would ing this matter, and getting answers as any conclusions at this time as to the call for an independent counsel only for soon as possible, we ought to allow the propriety of appointing an independent the President—it is restricted to the Justice Department to go forward and counsel. But, a majority of the com- 1996 Presidential campaign. This reso- put our trust in Attorney General Reno mittee did exactly that last week. Now, to trigger the independent counsel lution carefully crafted so that it won’t the full Senate has been called on to statute only if and when she deems it touch any of the Republicans or Demo- embark on an even more unnecessary necessary. crats in the Senate or Republicans or and unwarranted course by asking all Mr. LEAHY addressed the Chair. Democrats in the House. In other Senators to—in effect—substitute their The PRESIDING OFFICER. The Sen- words, we say we are like Caesar’s wife, judgement for that of the career inves- ator from Vermont. we are above all this, we are untainted tigators and prosecutors. I do not be- Mr. LEAHY. How much time remains by any scandals. But go after the Presi- lieve that the members of the Judici- for the Senator from Vermont? dent and the Vice President; and, inci- ary Committee who spend so much of The PRESIDING OFFICER. The Sen- dentally, let’s really slam the Presi- their time overseeing Justice Depart- ator from Vermont has 61⁄2 minutes. dent as he heads off to negotiate with ment activities could make such a Mr. LEAHY. Mr. President, Senate the only other President of a nuclear judgement now—so, I certainly do not Joint Resolution 22 does not advance superpower. I think the resolution

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2497 takes too narrow a view if we are up to As to the argument that this resolu- I cannot understand how anyone who making demands upon the Attorney tion somehow exempts Members of is familiar with the language of the General for an independent counsel. Congress and somehow exempts mem- independent counsel statute can dis- The resolution shields congressional bers of the Republican Party from any agree with this resolution. And I have fundraising practices from investiga- action on the part of the Attorney Gen- gone back and read it and reread it. I tion. eral, I point out the effective language have been around when this statute has Boy, somebody is not reading the of the resolution which says, ‘‘It is the been passed, and modified and passed paper. It didn’t make sense to try to sense of Congress that the Attorney again. Frankly, I have always had shield us from an investigation when General should make application to the some reservations about it. But it is on the same limits were proposed in con- Special Division of the United States the books, and it is clear when it nection with the funding resolution for Court of Appeals to the District of Co- should be activated. the Governmental Affairs Committee, lumbia for the appointment of an inde- That statute sets two thresholds for and it does not make sense or increase pendent counsel to investigate allega- the process of appointing an inde- our credibility with the public now. tions of illegal fundraising in the 1996 pendent counsel. The first is whether Indeed, today, the Washington Post Presidential election campaign.’’ there have been credible and serious al- had a front page story reporting that a There is nothing in there that says legations of illegal acts by high offi- lobbyist for a foreign government was she shall not exercise this right with cials. And it defines who these high of- shaken down last summer by the same respect to a Member of Congress, that ficials may be. Member of the House who now chairs she shall not go after a Republican That doesn’t mean anyone has to be their investigation into alleged cam- nominee, that she shall not do any of presumed guilty. As long as the allega- paign fundraising abuses. Incidentally, the other things that are simply an ex- tions are credible and serious, the stat- this was not only the lobbyist but, if pression that she should do it with re- ute requires the Attorney General to this article is accurate, it even went to spect to the Presidential campaign, take action. the ambassador of a foreign power. and no reference in that resolve por- Clearly, that first threshold has been We on the Judiciary Committee and tion of even Democrats rather than Re- met by what we already know from in the Congress have done all that the publicans. news reports about illegal foreign do- With that, Mr. President, I yield the statute allows with respect to the de- nations and the use of White House fa- remainder of the time to the majority termination by the Attorney General. cilities for campaign fundraising. The 30-day period for the Attorney leader. The PRESIDING OFFICER. The dis- I need not repeat all the instances General’s response has begun to run. others have cited during this debate. We do not need to do anything further tinguished majority leader is recog- nized. One expose has followed another. One on this at this time. admission has followed another. One We ought to get about the real busi- ORDER FOR MORNING BUSINESS explanation or excuse is followed by ness of the U.S. Senate and abandon Mr. LOTT. Mr. President, I ask unan- another. Without judging anyone in- this ill-conceived effort to instruct the imous consent that immediately fol- Attorney General how to proceed. She lowing the stacked votes today that volved, it is as clear as can be that the doesn’t need our guidance and I do not there be a period of morning business first threshold of the independent want to derail the investigations that until the hour of 3 p.m. today, with counsel statute has already been met. are under way. Senators permitted to speak for up to 5 But if anyone disagrees with that as- But if we have to engage in this kind minutes each with the exception of the sertion let them consider the second threshold of the law, the second set of of sideshow, as the President leaves for following: Senator DASCHLE, or his des- an international summit, let us at ignee, in control of up to 60 minutes; circumstances that permits the Attor- least restrain ourselves from seeking Senator BENNETT, or his designee, in ney General to take action. That sec- to pressure the head of our Federal law control of up to 30 minutes; Senator ond threshold is the existence of a per- enforcement agency and instead pass BROWNBACK for up to 10 minutes; and, ceived conflict of interest on the part the alternative form of resolution that Senator CLELAND for up to 15 minutes. of an Attorney General who is ap- urges her to resist political pressure The PRESIDING OFFICER. Without pointed by the President and con- and follow the law. Incidentally, unlike objection, it is so ordered. fronted with possible illegal activities the original resolution, the alternative Mr. LOTT. Mr. President, today after involving the White House. resolution, Senate Joint Resolution 23, months of media exposes and the This provision was put in the inde- does not shield the Congress from any American people asking questions pendent counsel statute in 1978 in order investigation. about exactly what is going on here, I to extricate Attorneys General from I reserve the remainder of my time. think the question that we are trying serious situations just like the one in Mr. BENNETT addressed the Chair. to answer today is, ‘‘Why hasn’t Attor- which the Attorney General finds her- The PRESIDING OFFICER. The Sen- ney General Reno appointed an inde- self now. Confronted by myriad allega- ator from Utah. pendent counsel to investigate these tions of wrongdoing within the admin- Mr. BENNETT. Mr. President, I ap- matters?’’ Members of both parties, istration, of which she is a part, it is preciate the admonition by the senior Democrats as well as Republicans, have not her role to pass judgment on them, Senator from West Virginia and re- asked that question, and they can’t get and it should not be. Under the law, it peated by the Senator from Vermont a satisfactory answer. They have called is her responsibility to trigger the with respect to meanness. I have made on the Attorney General under the law court process by which an independent every attempt during this presentation involving the independent counsel to counsel takes over the role and does to make sure that there is none in any appoint an independent counsel. Sen- the job which the law deliberately of the things that I have said, and to ator MOYNIHAN, Senator FEINGOLD, and takes out of her hands. remind Senators in my opening com- I think others in both parties have said Listen to the Attorney General her- ments that I think many Members of this is the way that we should proceed, self on this point when she testified, this body have inappropriately been and this independent counsel should be just 4 years ago, on the reenactment of stigmatized by the press and others for appointed. the independent counsel statute: doing that which is perfectly appro- That is why we brought before the It is absolutely essential for the public to priate and perfectly legal. Senate Senate Joint Resesolution 22 to have confidence in the system, and you can- I must once again make reference to express the sense of this body ‘‘that the not do that when there is a conflict or an ap- what I consider to be an inappropriate Attorney General should make applica- pearance of conflict in the person who is, in attack on the motives of the majority tion to the Special Division of the effect, the chief prosecutor. leader that was mounted by the minor- United States Court of Appeals for the In other words, the Attorney General ity leader earlier during this debate. I District of Columbia for the appoint- herself. think that is inappropriate. The major- ment of an independent counsel to in- Who did deny that this second ity leader is acting out his good mo- vestigate allegations of illegal fund- threshold for applying the independent tives, even though there may be some raising in the 1996 Presidential election counsel has been more than met? who disagree with him. campaign.’’ Through no fault of her own, Attorney

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2498 CONGRESSIONAL RECORD — SENATE March 19, 1997 General Reno is caught in an excru- I respectfully suggest that the effort things involve the President. They may ciating conflict of interest. If she were being made here to include the Con- not come to that conclusion in the end. to aggressively investigate charges of gress in this resolution is, once again, But this is the way to get at the bot- misconduct by senior administration just a distraction. That is as polite a tom of what really has happened. So I officials, she could be accused of excess term as I can find for something that is urge my colleagues here today do not zeal to protect her own reputation for irrelevant to the Nation’s concern be distracted. We have a very clear res- integrity. If, on the other hand, she about what we have seen happening. olution here that just says it is the does not uncover wrongdoing, she But what has been the modus ope- sense of the Senate that the thresholds would be accused of letting the guilty randi? Every time another new, serious have been met to provide for an inde- escape because of political consider- allegation comes out, the alternative pendent counsel and that we should do ations. by the Democrats has been to attack that, make it very clear what our posi- To shield the Attorney General—any the people who are going to be in crit- tion is and go on with the substantive Attorney General—from that predica- ical positions. Senator FRED THOMP- business that we have to do around ment, and to protect the integrity of SON, who is chairman of Governmental here. the entire Department of Justice, is Affairs, his motives were impugned Some people say, how are you going the essential and primary purpose of when we were moving through with to deal with the budget, less taxes, less the independent counsel statute. setting up the investigation for Gov- spending, less Washington, more free- If that is all so obvious, why then, ernmental Affairs. Insinuations, well, dom if you are going to be fighting on the question might be asked, is the this has 2,000 ramifications. And now these other things? As a matter of fact, Senate considering this resolution today DAN BURTON, the chairman of maybe now we are in a position to today? The answer is that we are com- the committee in the House who has a move on. We have a committee that pelled to take this step, formally ex- job to do, yes, attack him. has been funded. They can do their in- pressing the sense of this institution, That has been the way it has been vestigation, their hearings. If we have for two reasons. done for the last 4 years. Anytime you an independent counsel appointed, First—it is quite common, and, in get accused by somebody or somebody which clearly I think the law has pro- fact, almost always when there are se- has a job to do, go after them. That is vided for, and the threshold has been rious issues being debated that don’t what is at stake here—distraction, ob- met, then we can go on about our other necessarily require a law to be passed— fuscation, say, well, they do it, too. No. business. the Senate expresses its collective So much of what has happened here is I urge my colleagues to vote for Sen- sense on the issue of national import. not normal; it is not the way it has al- ate Joint Resolution 22, I believe it is, If we do not do that with regard to this ways been done. and then vote to table the other resolu- matter, I think we will be slighting our That campaign is the heart of mat- tion that is pending, because it is no duty. ter. The campaign has been the focus more than a distraction because the Second, this resolution is a result of and the forum on other issues whereas law already provides for that coverage. our rising frustration with what seems what we are trying to get at is a very Mr. President, I ask for the yeas and to be determined inaction on the part serious matter here, illegal foreign nays. of the Attorney General to appoint, or contributions. I mean even the word es- The PRESIDING OFFICER. Is there a start the process to appoint, an inde- pionage has been suggested in all this. sufficient second? pendent counsel. Like the American We are talking about staggering sums There appears to be. people, we must wonder what it will of money that have been raised and in The yeas and nays were ordered. take to jar the Department of Justice unusual ways. Mr. LEAHY. Mr. President, do I not to activate the independent counsel That campaign continues to generate have a minute, 40 seconds remaining? law. After all, the Department is not media allegations about improper—we The PRESIDING OFFICER. The Sen- dealing with one or two frivolous alle- voted on that last week—as well as il- ator from Vermont has 1 minute, 42 gations. It is dealing with a steady legal conduct. seconds. drip, drip, drip of revelations over a pe- If anyone is tempted to take the posi- Mr. LOTT. Mr. President, if the Sen- riod of several months that has now be- tion of a pox on both houses, I have ator will yield 1 second. come a tainted stream of suspicion. news for them. It is not true that ev- Mr. LEAHY. On the Senator’s time. There is only one way to clean it up, erybody in politics per se behaves alike Mr. LOTT. On my time. Do I have and that is through the appointment of or ignores the law or pushes the limits any time left or has all time on this an independent counsel. Let me remind of legality. There are clearly things in side expired? my colleagues that the purpose of such the law that may be debatable, but The PRESIDING OFFICER. The lead- an appointment is not just to prosecute they are legal and they are appro- er continues to have leader time. the guilty but to clear the innocent. In priate. If we want to go back and have Mr. LOTT. I thank the Chair. neither case should that be seen as a a debate—and we will have a debate Mr. LEAHY. Mr. President, I have partisan endeavor. this year on campaign finance reform, listened to the soothing words of my Nonetheless, many of our colleagues but before we start trying to reform good friend from Mississippi, but they on the other side of the aisle find fault the law, I think we need to look at how do not bring out the fact the Attorney with this resolution. They say it ought do we find out what happened. Who did General has already formed a task to apply to the Congress as well. But what? What has gone on here? force of experienced prosecutors to in- the independent counsel statute al- If anyone is tempted to take that po- vestigate whether criminal conduct ready does apply to Members of Con- sition, I think they need to reconsider. took place in the 1996 Federal election gress. We do not all do it, and I do not think campaigns involving, as well, 30 agents If the Attorney General has received that it is going to work to just try to from the Federal Bureau of Investiga- credible and serious allegations of ille- shove it off by trying to drag the Con- tion with subpoena power and testi- gal activity by one or more Members of gress into it. We are trying to get at mony reportedly being heard before a Congress, she is already fully empow- what has happened. grand jury. If a preliminary investiga- ered to ask the Federal court to name The independent counsel, by the way, tion is begun under the statute and an an independent counsel. And it has is not necessarily going to be a slap at independent counsel is appointed, all been done in the past. Believe me, it the President. In fact, that is the way this investigation stops, clang, like has been done. The conflict is not be- to quiet this thing down, have the that. And to say that we are looking at tween the administration and the Con- process go forward, have an appro- Congress is interesting. If you read gress. The Attorney General can take priate investigation, find out what hap- Senate Joint Resolution 22, it speaks that action. The perceived conflict of pened, who did what, by an inde- only of investigating allegations of il- interest is when you have the Attorney pendent counsel. legal fundraising in the 1996 Presi- General of the same party of the people As a matter of fact, I am going to dential election campaign. If you look in control of the White House where al- presume that it may not reach to the at Senate Joint Resolution 23, which legations are being made. President. I do not think all of these the majority leader wants tabled, it

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2499 speaks of Members of Congress as well The preamble was agreed to. General should exercise her best professional as Presidential elections. It is very The joint resolution (S.J. Res. 22), judgment, without regard to political pres- clear they do not want it going to the with its preamble, reads as follows: sures, on whether to invoke the independent counsel process to investigate alleged crimi- Members of Congress question. S.J. RES. 22 I still say I am disappointed not to nal misconduct relating to any election cam- Whereas 28 U.S.C. §§ 591 et seq., allows the paign. hear why we have broken decades and Attorney General to make application to the decades and decades of tradition to Special Division of the United States Court The Senate resumed consideration of bring up something obviously aimed di- of Appeals for the District of Columbia for the joint resolution. rectly at the President of the United the appointment of an independent counsel when there is specific and credible informa- The PRESIDING OFFICER. Who States as he leaves for a summit meet- tion that there may have been violations of yields time? ing with the President of the only Federal criminal law (other than a class B or Mr. LEAHY addressed the Chair. other nuclear superpower. It has never C misdemeanor or infraction) and the inves- been done, it has never been allowed by tigation of such violations by the Depart- The PRESIDING OFFICER. The Sen- majority leaders of either Republicans ment of Justice may result in a political ator from Vermont is recognized. or Democrats with either Republican conflict of interest; Mr. LEAHY. Mr. President, the full or Democratic Presidents. Perhaps at Whereas this Attorney General has pre- scope of fundraising irregularities on viously exercised that discretion to apply for some point in this Congress we will go the appointment of an independent counsel both sides of the aisle and on both ends back to the traditions of comity that to investigate the Whitewater matter on the of Pennsylvania Avenue should be the we have seen before. But, in the mean- basis of a political conflict of interest; subject of investigation. time, let us vote on this resolution, but Whereas there has been specific, credible Today, we have seen reports that a let us also vote on Senate Joint Reso- information reported in the media that offi- cers and agents of the Democratic National lobbyist for a foreign government was lution 23, which would include the Con- being shaken down and a foreign am- gress. I call on all my colleagues to be Committee and the President’s reelection campaign may have violated Federal crimi- bassador was contacted in this regard courageous enough to speak up and say nal laws governing political fundraising ac- by the House Member who chairs the we will support investigations of our- tivities in connection with the 1996 Presi- committee charged with investigating selves as well as the President. dential election campaign; allegations of fundraising abuses. I yield the floor. Whereas, according to reports in the The PRESIDING OFFICER. All time media, the Attorney General has found such The resolution that many just voted has expired. The question is on the en- allegations of sufficient gravity that she has for carefully excludes any attention to grossment and third reading of the created a task force within the Department congressional conduct. The resolution joint resolution. of Justice and convened a grand jury to fur- on which we are now prepared to vote The joint resolution was ordered to ther investigate them; lets the chips fall where they may. It be engrossed for a third reading and Whereas there has been specific, credible includes congressional election cam- information reported in the media that sen- was read the third time. ior White House officials took an active role paign activities. The PRESIDING OFFICER. The joint in and supervised the activities of the Presi- Having just voted to instruct the At- resolution having been read the third dent’s reelection campaign and the Demo- torney General to apply for an inde- time, the question is on the passage of cratic National Committee in connection pendent counsel to investigate those the joint resolution. The yeas and nays with the 1996 Presidential election campaign; with the Presidential campaign, let us have been ordered. The clerk will call Whereas there is specific, credible informa- tion reported in the media that the decision- proceed to support—not dodge by try- the roll. ing to table—a resolution that would The assistant legislative clerk called making structure and implementation of fundraising activities carried out by the allow the Attorney General to proceed the roll. Democratic National Committee and the with respect to congressional fund- The result was announced—yeas 55, President’s reelection campaign were super- raising abuses, as well. Otherwise, the nays 44, as follows: vised by White House officials, including the American people are going to see this [Rollcall Vote No. 32 Leg.] President and Vice President; and as a blatant political attack on the YEAS—55 Whereas it is apparent that any investiga- President as he goes to Helsinki that tion by the Department of Justice allega- Abraham Frist McConnell excludes any attention to ourselves. Allard Gorton Murkowski tions concerning the fundraising activities of Ashcroft Gramm Nickles the Democratic National Committee and the Mr. BENNETT addressed the Chair. Bennett Grams Roberts President’s reelection campaign will result The PRESIDING OFFICER. The Sen- Bond Grassley Roth in a political conflict of interest because Brownback Gregg Santorum such an investigation will involve those sen- ator from Utah. Burns Hagel Sessions ior White House officials who took an active Mr. BENNETT. Mr. President, as my Campbell Hatch Shelby Chafee Helms role in and supervised the activities of the friends on the Democratic side of the Smith, Bob Coats Hutchinson President’s reelection campaign and the Smith, Gordon aisle have so often reminded us during Cochran Hutchison Democratic National Committee: Now, H. the debate, there is a mechanism going Collins Inhofe therefore, be it Snowe forward in the Governmental Affairs Coverdell Jeffords Resolved by the Senate and House of Rep- Specter Craig Kempthorne resentatives of the United States of America in Committee to investigate all aspects of D’Amato Kyl Stevens the 1996 campaign, congressional as Thomas Congress assembled, That it is the sense of the DeWine Lott well as Presidential. This is clearly not Domenici Lugar Thompson Congress that the Attorney General should Enzi Mack Thurmond make application to the Special Division of the function of an independent counsel. Faircloth McCain Warner the United States Court of Appeals for the The function of an independent coun- District of Columbia for the appointment of NAYS—44 an independent counsel to investigate allega- sel is to investigate allegations of the Akaka Feinstein Levin tions of illegal fundraising in the 1996 Presi- most serious and difficult kinds of Baucus Ford Lieberman dential election campaign. lawbreaking. I know of no such allega- Biden Glenn Mikulski tions that would require a special Bingaman Graham Moseley-Braun f Boxer Harkin counsel in the area outside of those Moynihan RELATIVE TO THE DECISION OF Breaux Hollings Murray that we have talked about during the Bryan Inouye Reed THE ATTORNEY GENERAL ON debate. Therefore, I intend to vote Bumpers Johnson Reid THE INDEPENDENT COUNSEL Byrd Kennedy against this resolution because it does Robb Cleland Kerrey PROCESS not address the problem that we face. Rockefeller Conrad Kerry Sarbanes The PRESIDING OFFICER. The Whatever problem is there will be Daschle Kohl Chair lays before the Senate Senate Dorgan Landrieu Torricelli clearly handled, and handled com- Durbin Lautenberg Wellstone Joint Resolution 23 for 2 minutes of de- petently, by the Governmental Affairs Feingold Leahy Wyden bate equally divided. Committee. The clerk will report. ANSWERED ‘‘PRESENT’’—1 The legislative clerk read as follows: Mr. LOTT addressed the Chair. Dodd A joint resolution (S.J. Res. 23) expressing The PRESIDING OFFICER. The ma- The joint resolution was passed. the sense of the Congress that the Attorney jority leader.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2500 CONGRESSIONAL RECORD — SENATE March 19, 1997 Mr. LOTT. Mr. President, I move to done so. At the very least, I would have The resolution before the Senate ex- table Senate Joint Resolution 23 and preferred that she conduct a prelimi- presses the Sense of the Congress that ask for the yeas and nays. nary investigation on her own. But she the Attorney General should do only as The PRESIDING OFFICER. Is there a has refused to do even this. I would she pleases. But, it goes on to provide, sufficient second? There is a sufficient have preferred to have requested that if she does decide to initiate the inde- second. she seek an independent counsel with- pendent counsel process, the Attorney The yeas and nays were ordered. out having to set forth, in such a pub- General should be sure to include Mem- The PRESIDING OFFICER. The lic manner as the law requires, the spe- bers of Congress. It seems my col- question is on agreeing to the motion cific and credible evidence which war- leagues want to have the best of both to lay on the table Senate Joint Reso- rants such an appointment. But in worlds. It appears from the language of lution 23. The yeas and nays have been order for us to require the Attorney their alternative resolution that they ordered. The clerk will call the roll. General to take certain minimal steps do not want to go on record as having The legislative clerk proceeded to toward investigating whether an inde- asked for an independent counsel. But, call the roll. pendent counsel is warranted, we were heaven forbid, should an independent Mr. HATCH. Mr. President, under required by law to send our letter. In counsel be appointed, he or she should Federal law, the Attorney General may short, the Independent Counsel Act is be instructed to initiate a partisan conduct a preliminary investigation to the law of the land and, notwith- fishing expedition of Congress. determine whether to apply to the spe- standing its relative flaws, we on the The Democrats’ proposal that an cial division of the Court of Appeals for Judiciary Committee have an obliga- independent counsel, if appointed, the D.C. Circuit for appointment of an tion to abide by it. should have jurisdiction to investigate independent counsel whenever she re- I am hopeful that Attorney General Members of Congress is insupportable ceives specific information from a cred- Reno, for whom I continue to have under the independent counsel statute. ible source constituting grounds for in- great respect, will appreciate the con- The entire purpose of the statute is vestigating whether a Federal criminal cerns set forth in our letter, and will to avoid the existence or appearance of law was violated by a specified cat- agree that an independent counsel a conflict of interest in Justice Depart- egory of executive branch officials, or should be appointed forthwith to inves- ment investigations. This conflict is where she determines that there are tigate these matters. Recent develop- inherent whenever an investigation in- grounds for investigating whether a ments have, I believe, made clear that volves any of the high-ranking execu- criminal law has been violated, and a thorough Justice Department inves- tive branch officials enumerated in 28 conducting the investigation would tigation into possible fundraising vio- U.S.C. 591(a), and may also arise—and create a conflict of interest. If, after lations in connection with the 1996 indeed has been found by the Attorney conducting a preliminary investiga- Presidential campaign will raise an in- General to have arisen—when an inves- tion, the Attorney General determines herent conflict of interest, and cer- tigation involves other executive that further investigation is war- tainly raises at least the appearance of branch officials. 28 U.S.C. 591(c)(1). ranted, she shall apply for the appoint- such a conflict, and that the appoint- Such a conflict plainly does not, how- ment of an independent counsel. The ment of an independent counsel is ever, ordinarily exist with respect to appointment of an independent counsel therefore required to ensure public con- Justice Department investigations of is a serious matter and one which the fidence in the integrity of our electoral Members of Congress. As the Senate Attorney General should only initiate process and system of justice. Report on the Independent Counsel Re- when necessary. That is why I, and With respect to the proposed alter- authorization Act states: many others, had refrained from join- native resolution proposed by some of ing the assortment of calls for Attor- my colleagues on the other side of the . . . no inherent conflict exists in Justice ney General Reno to appoint an inde- aisle, Senate Joint Resolution 23, I Department investigations and prosecutions pendent counsel in connection with the must oppose this resolution. This reso- of Members of Congress. This conflict does lution comes on the heels of a letter not exist, because the Attorney General is 1996 Presidential campaign. not part of the legislative branch and is not Yet, last week, all 10 Republicans on some of my Democrat colleagues have under the control of any Member of Con- the Judiciary Committee felt the time written to the Attorney General urging gress. The Department also has a long his- had come to request such an appoint- her, should she decide to apply for an tory of successful prosecutions of Members ment. We sent a letter to the Attorney independent counsel, to request an of Congress. . . . Public perception of a con- General, as we are authorized to do by independent counsel who will inves- flict of interest is also not a problem. . . . the independent counsel statute, re- tigate the ‘‘full scope of fundraising Also, in 1993, the Department of Justice tes- questing that she make an application irregularities.’’ They argued in that tified that no inherent conflict of interests in its prosecuting Members of Congress. . . . for an independent counsel. letter that the Attorney General I must confess, as I did then, to a de- should ‘‘avoid partisanship’’ by in- The statute does provide that the At- gree of frustration with the Inde- structing the independent counsel to torney General may conduct a prelimi- pendent Counsel Act. Did I appreciate investigate Republicans who have nary investigation with respect to a having to send our letter? Certainly ‘‘skirted the spirit’’ of the law. I appre- Member of Congress where first ‘‘the not. However, the law sets forth a spe- ciate what my colleagues were doing Attorney General receives information cific process by which Congress is to with their letter and I appreciate what sufficient to constitute grounds to in- request that the Attorney General they are doing with this resolution. vestigate whether a Member of Con- begin the process by which an inde- Their loyalty to their political party is gress may have violated’’ a Federal pendent counsel is appointed, and this duly noted. But, as I have said repeat- criminal law, and second the Attorney process requires the Judiciary Com- edly, the appointment of an inde- General ‘‘determines that it would be mittee to make what the other party pendent counsel is a serious matter and in the public interest’’ to conduct a will inevitably characterize as partisan partisan proportionality should not be preliminary investigation. 28 United charges in order to trigger the Attor- a consideration. Would these Senators States Code 591(c)(2). Neither of these ney General’s responsibilities. In order have sent this letter had the majority two required findings are even sug- for Congress to trigger the most pre- not sent its letter? Would we be debat- gested by the Democrats’ proposed res- liminary steps for the Department of ing their resolution had the majority olution, nor does it appear that they Justice to take to consider the need for leader not turned to his resolution? I could even arguably be present here. an independent counsel, the law essen- think we all know the answer to that First, the Democrats have made no tially provides that the party not in question. Furthermore, neither their specific allegations that a Member of control of the executive branch make letter nor their resolution cite any Congress has violated a criminal law, specific charges when and if the Attor- congressional activities which inde- thus warranting further investigation. ney General fails to act on her own. I pendently warrant an independent Whereas the Attorney General has for would have preferred to have had the counsel nor do they actually urge the over 3 months been conducting an ex- Attorney General seek an independent Attorney General to appoint an inde- tensive investigation into alleged fund- counsel on her own. But she has not pendent counsel. raising violations by members of the

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2501 Democratic National Committee [DNC] [Rollcall Vote No. 33 Leg.] coming to the floor and exercising and the executive branch, I am aware YEAS—58 whatever rights we have as Senators in of no such investigation pertaining to Abraham Frist Moynihan order to try to guarantee a debate on Members of Congress, and the Demo- Allard Gorton Murkowski it. For years, we have been making an crats’ proposed resolution does not Ashcroft Gramm Nickles effort to pass this convention or to Bennett Grams even purport to make such allegations. Roberts pass a convention that regulates chem- Bond Grassley Roth The independent counsel statute plain- Brownback Gregg Santorum ical weapons. The United States of ly does not authorize the appointment Burns Hagel Sessions America has made a policy decision of an independent counsel with juris- Campbell Hatch Shelby Chafee Helms not to produce them. So we are watch- Smith, Bob diction to go on an undefined fishing Coats Hutchinson ing 161 nations who signed off on this, Smith, Gordon expedition to dig up unspecified viola- Cochran Hutchison H. and 68 of whom have ratified it, come Collins Inhofe tions by Members of Congress. Snowe together without the United States to Second, I can imagine no reason—and Coverdell Jeffords Craig Kempthorne Specter set up the protocol that will govern the my Democrat colleagues have sug- D’Amato Kyl Stevens verification and regulatory process for gested none—why it would be in the DeWine Lott Thomas chemical weapons and their precursors public interest to initiate independent Domenici Lugar Thompson Enzi Mack Thurmond for years to come. If we are not allowed counsel proceedings with respect to Faircloth McCain Warner in the U.S. Senate to debate this and Members of Congress. The legislative Feingold McConnell Wellstone have a vote, we will not have per- history clearly indicates that there are NAYS—41 formed our constitutional responsibil- two instances when independent coun- Akaka Feinstein Leahy ities. sel proceedings are in the public inter- Baucus Ford Levin I know the majority leader—he and I est under section 591(c)(2). The first is Biden Glenn Lieberman have had a number of conversations on where there would be a real or appar- Bingaman Graham Mikulski this personally. I would like to begin ent conflict of interest for the Attor- Boxer Harkin Moseley-Braun Breaux Hollings now at least to ascertain publicly, and ney General to investigate a Member of Murray Bryan Inouye Reed on the record, where we may be going Congress. While we could imagine that Bumpers Johnson Reid so that we don’t lose this critical time. Byrd Kennedy there might be instances in which an Robb I would like to know if the majority Cleland Kerrey Rockefeller Attorney General would have a conflict Conrad Kerry leader can guarantee us that we are Sarbanes in investigating Members of Congress Daschle Kohl going to have an opportunity to vote of the same party, only in the most ex- Dorgan Landrieu Torricelli Wyden up or down on this convention, or traordinary circumstance would an At- Durbin Lautenberg whether we have to begin to be a little torney General have a conflict in inves- ANSWERED ‘‘PRESENT’’—1 more creative. tigating Members of the other party. In Dodd Mr. LOTT. Mr. President, if the dis- any event, we are confident that this The motion to lay on the table the tinguished Senator from Massachusetts Attorney General is fully capable of in- joint resolution (S.J. Res. 23) was will yield, I would be glad to respond. vestigating Members of Congress of agreed to. Mr. KERRY. I yield, without giving both parties. Mr. KERRY addressed the Chair. up my right to the floor. The third reason for initiating inde- The PRESIDING OFFICER. The ma- The PRESIDING OFFICER (Mr. pendent counsel proceedings with re- jority leader. ALLARD). The Senator from Massachu- spect to Members of Congress is when Mr. LOTT. As the Senator from Mas- setts is recognized. ‘‘there is a danger of disparate treat- sachusetts recalls, this issue was re- Mr. KERRY. Mr. President, it is my ment if the case were handled by the ported by the committee in the last understanding that the Senate will be Department of Justice,’’ such that ‘‘a Congress, and I made a commitment in in a period of morning business now, is Member of Congress were unfairly sub- connection with other bills that we that correct? jected to a more rigorous application would bring it to a vote. In fact, I be- The PRESIDING OFFICER. The Sen- of criminal law than other citizens.’’ lieve it was scheduled for a vote, or we ator is correct. This danger, however, clearly does not were moving toward a vote. But for a arise with respect to allegations that f variety of reasons—and there is no use laws regulating the fundraising activi- MORNING BUSINESS rehashing the history of it—the Sec- ties of public officials have been vio- retary of State called and asked that lated; if the law only applies to public The PRESIDING OFFICER. There we pull it back and not force it to a officials, there is no possibility of dis- will now be a period for morning busi- vote last year. We honored that re- parate treatment between Members of ness until 3 o’clock. quest. Congress and private citizens. In any f This year, there have been a number event, my colleagues on the other side of discussions. The President did call CHEMICAL WEAPONS CONVENTION of the aisle have not even attempted to and ask that we meet with his Director TREATY articulate why there would be a danger of the NSC, Sandy Berger, to talk of disparate treatment if the Justice Mr. KERRY. Mr. President, I rise for about how we could bring it to a con- Department were to investigate Mem- a few moments to speak with respect clusion. At his request, I did meet with bers of Congress. to the Chemical Weapons Convention him, and Senator HELMS met with him. In closing, Attorney General Reno treaty. I notice the majority leader is Other Senators that are interested has appointed four independent coun- here. I wanted to try to get the major- have been talking with the President’s sels to date. It is the sense of a major- ity leader’s attention for a moment, if representative. And we continue to ity of the members of the Judiciary I can. Mr. President, I know that Sen- work on that. I think some good Committee that the need to avoid even ator BIDEN, who is the ranking member progress has been made as a result of the appearance of a conflict of interest, of the committee, has been in discus- those meetings. Some conditionalities and thereby to ensure the public’s con- sions and negotiations with a number have been more or less agreed to. Of fidence in our system of justice, re- of parties, and many of us who have course, until it is final, it is never quires an independent counsel in con- been deeply involved in this issue for a final. Some have been agreed to, some nection with the 1996 Presidential cam- long period of time are growing in- are still being discussed, and some paign. However, the record does not creasingly concerned. probably will have to have amend- warrant, nor does the law permit, the I raised the subject of the Chemical ments or votes on them when it comes appointment of an independent counsel Weapons Convention on the floor a cou- to the floor of the Senate. to investigate Congress. Accordingly, I ple weeks ago and signaled that a great The Senator is absolutely right. We urge my colleagues to oppose Senate many of us were growing sufficiently have made a decision to destroy our Joint Resolution 23. concerned that we are running out of chemical weapons. That is a fact. We The result was announced—yeas 58, legislative time on this important are doing that. He is also right that a nays 41, as follows: treaty that we were poised to consider number of countries have ratified that

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2502 CONGRESSIONAL RECORD — SENATE March 19, 1997 treaty; some very important ones have committee. But action early on, when return—that, between now and when not. Not only the United States has we come back, to get it to the floor in we return, the administration, the not, but neither has Russia. The indi- a way where everybody will be com- chairman, and the appropriate parties cations are that they may or may not. fortable with what amendments will be have to come to cloture. If they can’t Of course, neither has Iran. offered. There is a possibility that a come to cloture—— There are some real questions that statute may be offered, or a regular Mr. LOTT. Closure. are legitimate questions on both sides bill, to be considered in conjunction Mr. KERRY. Come to cloture on of this issue. One of them is, of course, with the Chemical Weapons Conven- these issues, and, if they can’t come to the verification question. How do you tion. that resolution, this should be on the verify what some of the rogue coun- I have given a long answer, but I am floor of the Senate for us to deal with tries may or may not be doing? How do saying this to make it clear to you in a matter of legislative urgency. you deal with some of the questions that I am working aggressively to ad- I know, Mr. President, that there is a about things like the poison gas that dress the concerns on all sides of this significant group of us prepared to ex- we have seen in Japan? How do you issue. I will continue to do so. I know ercise every right available to us with deal with an issue like tear gas being you are concerned, and other concerns respect to the Senate business in order used in our country? Also, there are are concerned. You may feel that you to try to guarantee that we have the very important questions like constitu- have to do more. But I have learned opportunity to act on the Chemical tional questions with regard to search over the years that as long as every- Weapons Convention. and seizure in our country. The admin- body is talking, you are probably mak- Mr. LOTT. Mr. President, if the Sen- istration representative indicated, yes, ing progress, and we are talking. I have ator will yield, one thing is that I do that is an area where there is concern, also learned that when you have a not want to mislead the Senator with and we need to work on that. Work has chairman that has legitimate concerns, regard to the probability of hearings. I been done, and we continue to work on you have to give that chairman time to assume that was a possibility. I do not it. deal with those concerns. think it needs long hearings. But I This week, I met with the chairman We are trying to do that. think a day or two—and I have not of the committee and talked through Mr. KERRY. Mr. President, let me asked for those or called for them, and where we are and how we can continue say to the distinguished majority lead- the chairman may or may not feel that to proceed on this matter. I have er that, first of all, I thank him for they are needed. talked to other Senators on both sides taking the time to have this colloquy. So I may have mislead when I was in- of the aisle and both sides of the issue, I think it is very important. dicating that we are talking about an- as to how we can move it forward. I But let me say to the distinguished other whole round of hearings. I agree talked to Mr. Berger again and I urged majority leader that during the years with the Senator. I do not think a lot him to do a couple things. One of those that I was the ranking member negoti- of hearings need to be done again. things is to seriously address, with the ating this with the distinguished chair- But I wanted to clarify that point. I chairman of the Foreign Relations man of committee, we traveled over all didn’t mean to infer that we were going Committee, some very important par- of this ground. We have had these hear- through a long list or that a decision allel issues. Although they are not nec- ings. The Foreign Relations Committee has been made. But it is something essarily tied together on a parallel has had them. The Intelligence Com- that I have asked: Is there going to be basis, they are related and of great mittee has had them. The Armed Serv- a need for a hearing on a day or so be- concern. The State Department reau- ices Committee has had them. And we fore action could occur? It could. thorization. In the previous year, I all know sort of what the clouds are think the State Department kind of in- that are there. There is no new sort of There is another point. I want to dicated, no, we don’t want to do any- definition with respect to those clouds. commend the Senator from Arizona, thing. That is not a tenable position. I For this Senator—and I know I speak Senator KYL, who has spent a lot of don’t think that is the administra- for several other Senators, and I think time and has worked on these issues tion’s position. two or three of them are on the floor when he was in the House Armed Serv- I think the new Secretary of State right now—we do not want to wind up ices Committee and continues to be has indicated that she understands and in the situation which I have seen pre- very interested in them. He is very wants to do some of these things and viously. I negotiated the agreement knowledgeable when you talk about ar- has been talking to the chairman about that brought us to the floor last year ticle X, article XI, and all of the rami- that. I am hoping that additional con- with a vote. We all know we got caught fications. He knows what is in this con- versations are occurring on that today up in the politics of the Presidential vention. He has very legitimate con- between the Secretary of State and the campaign, and that predicated that it cerns, some of which have been ad- chairman of the committee. In another may not have been the best moment. dressed in a way that I think the Sen- parallel issue, for this very afternoon I The problem is that we run out of ator from Massachusetts would agree have been able to call together a meet- time. The clock tolls on us automati- with and find acceptable. Others are ing of the key players, Democrats and cally on April 29. We do not want to still open, and there is time to work on Republicans, House and Senate, on the wind up in a situation where there is those. U.N. reform matters. We met once with an ability on the floor to have so little I want to recognize the work of Sen- the Secretary of State. We are meeting time left that we can’t work through ator KYL. He may want to respond or today with the new U.N. Ambassador, the problems. Recognizing the road we comment on some of what has been and we are getting a process to see how have traveled here, I do not want to said here today. we deal with the United Nations re- come back to a situation where we I just wanted to make that one clari- forms and, of course, the money that have kind of sat here while the nego- fication. the U.N. would like to have from the tiations are going on and then there is Mr. KERRY. I appreciate that, Mr. United States. no window of opportunity to suffi- President. I know that the Senator So, again, that is a parallel. A lot of ciently let the legislative process work from Michigan, Senator LEVIN, is people are involved. None of these its will. equally as versed and has had a long in- issues are easily resolved. All of them Mr. LOTT. Mr. President, will the terest. I know that all of us believe are very important—what we do about Senator yield? very deeply that where there may be a chemical weapons, about the State De- Mr. KERRY. I will in just a moment. legitimate question, we are and have partment reauthorization, U.N. reform, I would like to say to the majority been—and I think the administration and with regard to what happens leader that we would like to help the has been—fully prepared to try to sug- processwise. I know what you are ask- majority leader and others to leverage gest legitimacy. But we can’t allow an ing there. the reality here. What we would like to endless series of questions to be an ex- It is our hope that we will be able to suggest is that there be sort of an in- cuse for putting us in the box where get this issue up in April. It probably ternal date certain within the Senate— the U.S. Senate cannot perform its would involve some hearings in the we would suggest that date be when we constitutional responsibility to advise

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2503 and consent on a treaty as important waste, supplemental appropriations, if you assume some action must be as this one. the TEAM Act, comptime, flextime, taken, you have to back off that in So we are in the predicament here legislation regarding chemical weap- order to get the work done. where we want to offer a good-faith ef- ons, the Chemical Weapons Convention Mr. LEVIN. I thank the Senator. fort to work through every single one treaty, and others. Mr. KERRY. I thank the majority of those particular issues. But we have It is on our list of things that we an- leader for his time on this. We will ob- to signal that we can’t do so simulta- ticipate will be considered before we viously be discussing it in the next day neously taking away from ourselves come back. or so, and I look forward to our coming our own rights to be guaranteed that Mr. KERRY. Mr. President, the prob- forward to some kind of mutual agree- the Senate ought to be able to have a lem is that this particular convention ment. I thank the Chair. vote. stands in a different place from all of Mr. BINGAMAN addressed the Chair. Mr. DORGAN. Mr. President, will the those other things which the majority The PRESIDING OFFICER. The Sen- Senator yield? leader has listed, and for obvious rea- ator from New Mexico. Mr. KERRY. I yield. sons. The other things don’t have a Mr. BINGAMAN. Mr. President, I just Mr. DORGAN. I appreciate the Sen- drop-dead date on them which runs wanted to also comment on this issue ator yielding. into the convention processes them- and state that I think we are to the To the majority leader I would say selves, which are controlled by other point where it is not responsible for the the power of the majority in the Con- countries—not by us. Senate to go on with its other business gress is a power to schedule. There are So I think everybody understands if we cannot get agreement among Sen- a number of us on our side of the aisle how it works around here. We could ators to bring up this very important who have been patient to the edge of wind up in a situation where we would matter on a timely basis. I think clear- our abilities on this issue. And the have a very long debate. And if we need ly we can do other work while we wait question that is being asked is, Will we to have a very long debate, we want to for the time certain to bring up the have an opportunity to consider the make certain that we have the ability Chemical Weapons Convention, but if chemical weapons treaty on the floor to adequately flesh out concerns for all we cannot get agreement to bring it of the Senate? What I heard the Sen- Members and still not run up against up, then I do not think it is responsible ator from Mississippi say is that he that deadline, or drop-dead date. for us to go ahead and proceed with hoped that would be the case. I very So I think what we are really trying business as usual. much would like to hear a commitment today to say to the majority leader is Unfortunately, under the rules of the at some point today or tomorrow, be- that this has to be the first priority Senate, the only option available to fore we leave, that we will when we re- when we come back, or clearly stated those of us in the minority is to insist turn have an opportunity at a time cer- as to what the date will be with a date that this issue, which is time sensitive, tain to continue the chemical weapons certain. be given attention by the Senate or at treaty. All we are trying to do is help the least get scheduled for attention by the Mr. LOTT. As the distinguished Sen- majority leader convey that message Senate before we proceed to other mat- ator knows, if he will yield, Mr. Presi- to parties on his side because other- ters, and I would expect to do that in dent, the scheduling does to a large de- wise, obviously, we are left no choice the future. I do think the majority gree rest in the hands of the majority but to try to do whatever we can to le- leader is trying to move ahead with leader. But it is usually done in coordi- verage a date. We are not precluding this, but evidently there are objections nation with both sides of the aisle. nor predetermining an outcome. But being raised by others. I do not ques- Like on the Mexico certification, or de- we are asking for the Senate to be able tion that amendments will be offered. I certification, issue, quite often it can to exercise its rights and privileges. do not question that real issues will be be objected to. I mean that, if I today Mr. LEVIN. Mr. President, will the raised about different portions of the proceeded to call up the House-passed Senator from Massachusetts yield for a treaty. That is what we are designated version with the idea of offering a bi- question? I wonder if the majority to do under the Constitution, to debate partisan substitute to it, we would leader might listen because the drop- those issues and vote on them. We do have to get agreement to do that. The dead date issue is a critical issue on have a responsibility, though, to have a other option is to just call up decerti- this, of course, and the Senate should final vote on this treaty in a timely fication, which we could do, and start be allowed to work its will in whatever fashion, and I think until we can get the 10-hour process running. way in time so that, if we ratify, our agreement to do that, it is very dif- The point, though, is that you have ratification will be relevant. ficult to proceed with business as to work with a lot of different parties. My question to the Senator from usual. And I intend to do that. I think the de- Massachusetts is this: We do not know I yield the floor, Mr. President. cision will come up in April, and we precisely the drop-dead date in terms Mr. FORD addressed the Chair. will work in the direction to say that of Senate ratification, assuming it does The PRESIDING OFFICER. The mi- we can get it up by a date certain. Once ratify the treaty. But will the Senator nority whip. again, I think it might raise expecta- from Massachusetts agree that it is Mr. FORD. Mr. President, let me add tions beyond what is achievable. some number of days in advance of my voice to this for just a moment. But we are continuing to work on April 29? For many of us who have chemical that, and we are going to do it this Mr. KERRY. Yes. weapons stored in our State—and there very day. Mr. LEVIN. I am wondering whether are a good many States—this piece of Mr. KERRY. Mr. President, I would the majority leader, if I could just ask, legislation becomes highly important like to reiterate. is aware of that fact. Could I ask the because certain language we hope to be The PRESIDING OFFICER. The Sen- majority leader whether or not, on the in this treaty will allow us to look for ator’s 5 minutes has expired. time of the Senator from Massachu- alternate sources other than burning Mr. KERRY. I ask unanimous con- setts, if the Senate does in fact ratify or destroying by burning. And so par- sent that I be permitted to finish this it, that ratification needs to come ticularly in my case, where we have colloquy. some days in advance of the 29th in the nerve gas, this treaty becomes The PRESIDING OFFICER. Without order to meet the 29th deadline? vital to us. And to have it timely con- objection, it is so ordered. Mr. LOTT. I am aware that when you sidered becomes a very important as- Mr. LOTT. Will the Senator yield? have a treaty issue, there are actions pect of alternative sources under this As further evidence, if I could, I gave that occur after the treaty that could international treaty. the Democratic leader yesterday and take time. We will have to—at some So I am here pleading for my con- members of our conference—and I pre- point we could have a full debate about stituency to eliminate the so-called sume it was given to the Democratic what that drop-dead date is. That is chemical weapons. We are being held caucus—a list of items that we antici- the point here. It is not a specific date up for reorganization of the State De- pate we will consider prior to the Me- in terms of having to take up the trea- partment, reorganization of United Na- morial Day recess. It includes nuclear ty to get the work done, but it is a fact tions, this thing or that thing. We are

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2504 CONGRESSIONAL RECORD — SENATE March 19, 1997 held up when we have a deadline of You see, Mr. President, those who they see negative ads. But perhaps the April 28 and we have people out there follow Federal election campaigns fact that you are spending more on ad- worried about chemical weapons and know that there have been some dra- vertising is not helping the low regard how you destroy them. We have the an- matic changes over the last few dec- people have for your product. In this swer under this piece of legislation, but ades. Federal election campaign costs case, the voters told us, in 1996, in the we cannot go forward with it. have increased from an estimated $2.65 November election, that they had a Mr. President, I hope you will listen billion in the 1996 cycle—that is a pretty low regard for the product, the to my friend from New Mexico, that threefold increase over campaign candidates, all of us. there is going to be an effort to bring spending just 20 years ago even adjust- I think there is a message here, an this piece of legislation up because of ing for inflation—$2.6 billion on our important message about the future of the deadline. If we worried about dead- campaigns. In the 1995-96 election this democracy. We can talk about spe- lines, we would have a budget. We do cycle, the Democratic Party commit- cial investigations: Did someone vio- not have a budget. But this is an inter- tees raised $332 million, a 73-percent in- late the law in 1996, Democrat or Re- national treaty, and it has a deadline. crease over the $192 million raised just publican, and should we hold them ac- And for one, I do not want to miss it 4 years before. The Republicans outdid countable if they did? But if we do not because of the chemical weapons that us, as usual, raising $549 million, a 74- get down to the root cause of the prob- need to be destroyed and the way they percent increase over the $316 million lem here, if we do not address what I are to be destroyed so that we might that they raised 4 years earlier. consider to be the serious issue of cam- protect your constituents. Take a look at congressional races. paign finance reform, I can guarantee I yield the floor. In 1976, all congressional races in the the cynicism and skepticism among Mr. DURBIN addressed the Chair. United States cost $99 million. By 1996, voters will just increase. So, we have The PRESIDING OFFICER. The Sen- 20 years later, that $99 million had heard a lot of talk today about the ator from Illinois. mushroomed to $626 million—more sense of urgency and the need to deal Mr. DURBIN. Mr. President, I seek than a sixfold increase. quickly with this whole question of recognition under the time allocated to Soft money. Well, for those who do campaign finance reform. Some of my Senator DASCHLE in morning business. not follow this closely, it may be a cu- colleagues have said, ‘‘Oh, don’t move The PRESIDING OFFICER. The Sen- riosity to use these terms ‘‘hard too quickly now; let us make sure we ator has up to 60 minutes. money’’ and ‘‘soft money,’’ but politi- make the right changes.’’ Mr. DURBIN. I thank the Chair. cians know what it is all about. Soft Let me show a little illustration. f money is kind of the mystery money in How much time have we spent on the politics. And has it grown. Take a look issue of campaign finance reform in the COMPREHENSIVE CAMPAIGN at the fact that since 1992, the amount last 10 years? Mr. President, 6,742 pages FINANCE REFORM of soft money in campaigns has tripled, of hearings; 3,361 floor speeches—add Mr. DURBIN. Mr. President, over the from $86 million to $263 million. one for this one today; 2,748 pages of re- last several days of debate in this Stepping aside from the whole debate ports from the Congressional Research Chamber we have heard those who fa- about the nature of campaigns and Service, 1,063 pages of committee re- vored the appointment of a special whether they are too negative, too per- ports; 113 votes in the Senate; 522 wit- counsel say that time is of the essence, sonal and too nasty, most everyone nesses; 49 days of testimony; 29 sets of and that we should move forward and will concede that we are plowing more hearings by 8 different congressional ask the Attorney General to make this and more money into our political committees; 17 filibusters; 8 cloture appointment as quickly as possible. In campaigns in America. votes on one bill; 1 Senator arrested fact, they were so determined to pass There is a curious thing that has to and dragged to the floor—with bodily this resolution as a bon voyage gift to be noted, though. As political cam- injury, I might add—and 15 reports the President as he heads off to the paigns have become longer, more ex- issued by 6 different congressional Helsinki summit that we had to vote pensive, and more negative, voters committees. And what do we have to today. Today, before the President left, have apparently decided not to partici- show for it? Nada, zero, zilch, nothing. we had to make certain that this ges- pate in elections. Consider this. Be- What we have to show for it is the call ture was made. Many of us felt this was tween 1948 and 1968, 60 percent of the for an independent counsel to deter- unnecessary and ill-timed and, frankly, electorate showed up to vote in a Presi- mine whether someone has violated the unprecedented, that this type of em- dential election. Then from 1972 to 1992, laws under the current system. I think barrassment would be directed at the we saw a 53 percent turnout, a decline there is a lot more to this. President as he left our shores to head after Watergate. Listen to what hap- I hope my colleagues join me in be- off for a critical summit with the only pened in 1996, the most expensive Fed- lieving that if this process of investiga- other superpower with nuclear weapons eral election in our history for congres- tion does not lead to reform, the Amer- in the world. And yet those who pre- sional candidates, senatorial can- ican people will be disappointed. It is vailed on the majority side were con- didates and Presidential candidates, one thing to be hyperinflated with vinced that time was of the essence: let heaping dollar upon dollar in this elec- moral rectitude about the violations of us move forward and do it now. tion process. The voters out there lis- campaign law. But that is not enough. Catching that spirit, I come before tened carefully and a majority of them Just cataloging the sins of the current the Senate today with the suggestion decided to stay home. So, for the first system, that is not enough. The real that we not stop with this resolution time since 1948, we had fewer than 50 test is whether we are prepared to but go even further and plumb the percent of the electorate turning out to change the system, reform the law, and depths of the real problem that we are vote in a Presidential election; 49 per- return public confidence to our demo- examining here. It goes beyond the 1996 cent of the electorate turned out. Is it cratic process. Presidential campaign. It goes beyond not interesting that the more money There are a lot of options out there. the Democratic Party. What we are fo- we plow into our election campaigns, One of those that is frequently spoken cusing on is our very campaign finance the fewer voters turn out? of is the McCain-Feingold legislation, I system itself as used by Presidential Consider if you had a company and believe the only bipartisan campaign candidates, congressional candidates, you were designing a marketing pro- reform bill before us. Two Republican Democrats and, yes, Republicans. gram and you went to the owners of Senators and, I believe, 22 Democratic And so today I am hoping that that the company and said, ‘‘We have just Senators have come together in an ef- same sense of urgency, that same com- got the statistics and information fort to have campaign finance reform. I mitment to truth, and that same perse- back. After we spent millions of dollars have cosponsored it. It may not be the verance that we find changes to win on advertising, people are buying fewer best, or the only, but it is a good one. back the confidence of the American products.’’ It might raise some serious We should consider it as a starting people will be demonstrated when I call questions. Maybe your advertising point in the debate. a resolution before this body in a few campaign is not what it should be—and Yesterday, my colleague from Min- moments. I think the voters tell us that when nesota, Senator WELLSTONE, Senator

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2505 KERRY of Massachusetts, and others have access to those people who have ons treaty, a treaty that has been in announced agreement to introduce a the wealth or the economical clout or the works for a number of years, has plan modeled after the Maine election the political clout in America. That been signed by many countries, and law reform. It is a very interesting pro- turns the very idea of representative would end the spread of poisonous gas posal which would really deflate the democracy on its head. That takes the around our world and make this a safer money in politics. Senator WELLSTONE very goodness of our country and turns world. I would like to be working on is here to join me in this debate and de- it on its head. That takes the Amer- that, but we cannot get it to the floor scribe that bill and his own thoughts ican dream and turns it on its head. I of the Senate. I hope it will get here on that subject. have said it before, but it is worth re- soon. The power of scheduling, of There are lots of ideas, good ideas. peating, that if you believe in the course, is not on this side of the aisle. We have to really dedicate ourselves standard that each person ought to The Senator from Illinois raises the with the same sense of urgency and count as one and no more than one, other issue that I would like for us to with the same passion to reforming the then you would be for reform. be working on, and that is the issue of system that we are dedicated to inves- My last point, because I could talk campaign finance reform. No one who tigating wrongdoing under the current about this for a long, long time, my has been paying attention in this coun- political finance system. colleague was kind enough to mention try can fail to understand the need for At this point, I yield to my colleague the McCain-Feingold bill. He was kind us to consider campaign finance re- from Minnesota. enough to mention the bill that yester- form. The Senator from Illinois is sim- Mr. WELLSTONE. I thank the Sen- day we agreed to introduce, Senator ply raising the question, and a rec- ator from Illinois. KERRY and I, and Senator GLENN and ommendation is implicit, to say we The PRESIDING OFFICER. Does the Senator REID; and Senator BUMPERS would like, by a date certain, to have a Senator seek recognition in his own was there as well. commitment to consider campaign fi- right? Mr. President, the point today is as nance reform on the floor of the Sen- Mr. WELLSTONE. Mr. President, I follows. I think people—unfortunately, ate. That is what the Senator from the do seek recognition. but the proof is going to be in eating State of Illinois is saying to the Senate The PRESIDING OFFICER. The Sen- the pudding—believe that what is going with his resolution, a resolution that I ator is speaking within the 60 minutes? on in the Congress amounts to little think is timely, one that I support and Mr. WELLSTONE. Of course, the more than symbolic politics. I think one that I hope will allow us to reach Senator will stay within the 60 min- people believe we are going to have a an agreement with the majority party utes. And, I say to my colleague from committee investigation, an attempt on a date certain to bring campaign fi- Oklahoma, far less than 60 minutes. I to move some of these issues to the nance reform to the floor of the Sen- just wanted to add a couple of things to Rules Committee, maybe try and bury ate. what the Senator from Illinois has just this here, maybe have hearings and The Senator from Illinois held up a said. hearings and hearings, then have a va- chart that shows the number of hear- First of all, I really appreciate the riety of different charges or counter- ings that have been held, the number of emphasis of the Senator from Illinois charges made, maybe more polariza- pages of testimony, the number of wit- on representative democracy in our tion, maybe more accusations. Then, nesses. There doesn’t need to be a great country. I think this is the central after all is said and done, it will be the deal more discussion about whether we issue for this Congress. I think this is same moving picture shown over and should be considering campaign fi- the most important issue in American over and over again, where you have nance reform. The system is broken, it politics. I have spoken before on the hearings, speeches, reports, witnesses, ought to be fixed, and there isn’t just floor of the Senate about this. I am not you name it, followed by the same one answer to fix it. There are a num- going to repeat what I have said al- hearings, the same speeches, the same ber of ideas, probably from both sides ready. calls to action, the same kind of inves- But I really think, if we want to have of the aisle, that can contribute to an tigations, followed by inaction. I do approach that will address this in a people engaged in the political process, not understand, for the life of me, why if we want people to register to vote way the American people believe we we do not move forward. I think the ought to address this issue. and vote in elections, if we want people purpose of this resolution is to say, set to believe in our political process, if we So, this issue is not one that will a date. simply go away. This is not an issue want people to believe in us, then I A good friend of mine, Jim High- you can bury in the backyard some- think we absolutely have to deal with tower, who was great on the Ag Com- where and forget about it. Every day this awful mix of money and politics. mittee, loves to say, ‘‘You don’t have when you read the newspapers, you see Because regular people—which I use in to be ‘Who’s Who’ to know what’s stories, again, about this campaign or a positive way—in Illinois and Min- what.’’ People in this country have fig- that campaign, about this administra- nesota and Oklahoma and around the ured this out. It is time for reform. We tion or that Member of Congress. The country, know that, No. 1, too much know more than enough about what is American people, I think soon, will in- money is spent on these campaigns; wrong. We know more than enough sist to know who in the Congress, in No. 2, some people count more than about what is wrong with this game, the House and the Senate, contributed others and there is too much special in- the ways it is broken, and it is time to to making campaign finance reform a terest access and influence; No. 3, there fix it. is too much of a money chase and Sen- So this resolution calls for a date reality and who stood in the way. ators from both political parties have certain. It is right on mark, and I am I guess the message here is for those to spend entirely too much time rais- proud to support it. who do not want to see any reform of ing money. Mr. DORGAN addressed the Chair. our campaign financing system, our I just ran for office. I had to raise the The PRESIDING OFFICER. The Sen- message is to them: Get out of the way, money. ator from North Dakota. let us at least have a shot on the floor And, No. 4, I think people in the Mr. DORGAN. Mr. President, I rise of the Senate in crafting, hopefully, a country know that it is getting dan- also to support the unanimous-consent bipartisan approach, if we can craft it, gerously close to the point where ei- request that will be propounded by the a campaign finance reform proposal ther you are a millionaire yourself, or Senator from Illinois. that gives the American people some you have to be very dependent upon Almost the first question from our confidence that the abuses we have those that have the hugest amounts of constituents that all of us, I suppose, read about, the excesses, the expo- capital for these expensive capital-in- when we reach the airport going back nential growth in campaign spending tensive TV campaigns. Otherwise, you to our States, confront is, ‘‘Well, what in this country can come to an end. are disqualified. are you working on?’’ I know what I I happen to feel very strongly that In a democracy, people should not be, would like to be working on. A moment one of the ingredients that is necessary de facto, disqualified because they are ago we talked about the need for this is spending limits. The Supreme Court not wealthy or because they do not Senate to work on the chemical weap- had a decision in Buckley versus

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2506 CONGRESSIONAL RECORD — SENATE March 19, 1997 Valeo—it was a 5 to 4 decision, I be- raising activities in any public build- The PRESIDING OFFICER. Objec- lieve —in which they said it is per- ing. tion is heard. fectly constitutional to limit political There was a question raised as to Mr. NICKLES addressed the Chair. contributions, but it is unconstitu- whether or not an employee at the The PRESIDING OFFICER. The Sen- tional to limit political expenditures. White House was handed a check for ator from Oklahoma is recognized. Far be it for me to speak over the the Democratic National Committee Mr. NICKLES. Did you conclude, I shoulder of the Supreme Court, but, by which she then turned over to the com- ask my colleague from Illinois? the same token, I don’t understand mittee, and whether that was legal or Mr. DURBIN. Yes. Mr. NICKLES. I will just make a cou- that logic. proper. We know 2 years ago a Repub- ple brief comments concerning cam- It seems to me, and we have had de- lican Congressman on the floor of the paign finance. bate on this on a constitutional amend- House walked around handing out cam- One, I share some of the concerns of ment just in the last days, it seems to paign checks from tobacco companies my colleague from Illinois. I will be me that part of the answer to this to their favorite candidates, and that, happy to work with him. I did object to problem is to reasonably limit cam- of course, raises a bipartisan question the resolution saying we wanted to paign expenditures for all politicians about the propriety of receiving or dis- have it done by May 31 or July 4. But running for all offices in a fair and tributing campaign checks in a public I am committed to making campaign thoughtful way. We do not deserve the building, on the floor of the House or reform. And I will work with my col- kind of campaigns that the American the Senate. These are all legitimate league and friend from Illinois and oth- people are now getting. and bipartisan questions. ers to try and see if we cannot come up There are other models around the This morning’s Washington Post with a bipartisan package that would world. I kind of like the British sys- raised a question on the front page as do just that. tem, where they apparently sound a to whether a Member of Congress was It may not include everything that starting gun, or whatever it is, and for putting some pressure on a certain everybody has been talking about, but 30 or 45 days, they scramble and wres- group to raise money for him in the it will be constitutional, and, hope- tle and debate and do whatever you do last campaign, and the pressure went fully, may be passable through both in campaigns, and the fur flies and the so far as to suggest that the Ambas- Houses. It may not include everything. dust is all over, and then the bell goes sador from the country involved was We may have to pass a couple pieces of off and it is over. It is over. Then they saying, ‘‘This is unusual; we have never legislation before we are done. But I vote. had this kind of pressure put on us.’’ have been charged with the responsi- In this country, my Lord, what hap- The same charges are made against the bility on this side to try to put to- pens is years in advance of an election White House: Did they go too far in so- gether a package that is saleable. I will now, we have campaign activities liciting contributions? Again, a bipar- work with my colleague and friend cranking up for President and the Sen- tisan problem and one we clearly from Illinois to try to make that hap- ate and Congress, and it never ends. It should address. pen. bores the American people to death, For those who have tunnel vision on Mr. DURBIN. Will the Senator yield? first of all, and second, they have be- this and see all of the sins and wrong- Mr. NICKLES. I will be happy to. come so long and so expensive, is it any doing only on the Democratic side, I Mr. DURBIN. I thank my colleague wonder that 50 percent of the American think in all honesty, they know better. from Oklahoma for his statement. And people said when it comes time to cast- We are all guilty of this. We are guilty it may be progress. I hope it is. Would the Senator be kind enough to ing a vote, they say, ‘‘Count me out, of this at the congressional level, at tell me his thoughts as to whether or I’m not going to participate’’? the Presidential level, Democrats and not we should accomplish significant There are a lot of things we need to Republicans, and to merely turn that and meaningful campaign finance re- do to reform our political system and spotlight on one group or one party form this year so that the 1998 election make it better. It seems to me job one really does not get to the real chal- cycle can be a cleaner, perhaps better is this issue of reforming the campaign lenge here. And the real challenge is, managed election with more interest finance system, the method by which will we change the system? and participation by our voters across The resolution that I am going to all campaigns are financed in this the country? country. The Senator from Illinois is offer says to the Senate, let us make a Mr. NICKLES. I will be happy to tell simply saying today, let us have an op- commitment, both sides of the aisle, my colleague, if you are asking me portunity, a commitment, a date by that by a time certain, we will bring to what the effective date of the legisla- which the Senate will consider cam- this floor campaign finance reform leg- tion will be, I am not sure. But I do paign finance reform. I am pleased to islation and pass it by a time certain. think that we have an interest, and I support him, and I hope others in the I do not presume what that might in- would say a bipartisan interest, in try- Senate will do the same. I yield the clude. I do not presume to suggest that ing to do some things together: Greater floor. any bill pending might be passed. We disclosure, trying to make sure that The PRESIDING OFFICER (Mr. ROB- might come up with a new work prod- nobody is forced or compelled to con- ERTS). Who seeks time? uct completely, totally, but I do sug- tribute to any campaign against their Mr. DURBIN addressed the Chair. gest to you that unless and until we will, maybe making some change in The PRESIDING OFFICER. The Sen- make this commitment to reform the contribution limits, increasing indi- ator from Illinois is recognized. system, the skepticism and cynicism vidual limits, maybe reducing other Mr. DURBIN. Mr. President, there will continue and may increase. limits. Possibly we can get a bipartisan have been a lot of headlines in the last So, Mr. President, on behalf of myself coalition on that, and doing a few several weeks of embarrassment to and Senators DORGAN and WELLSTONE, other things that we might be able to both political parties. There have been I ask unanimous consent that the Sen- get agreement on. a lot of questions asked about the sys- ate proceed to the immediate consider- But the effective date, well, that tem by which we raise funds at all lev- ation of Senate Resolution 65, a resolu- would be one of the things we will have els. Questions were raised about the tion calling on the Senate to commit to wrestle with. That is a challenge. use of a telephone by the Vice Presi- to bring comprehensive campaign fi- Some of those things for disclosure, I dent, and I do not know, frankly, what nance reform legislation to the floor by expect could be effective certainly for was legal and what was proper in that May 31 and to adopt, as a goal, the en- the 1998 election. If you changed indi- situation, but we all know that at least actment of such legislation by July 4 of vidual contributions, which I am con- two Members of this body have ac- this year; that the resolution be agreed templating offering as one suggestion, knowledged that they used their office to and the motion to reconsider be laid whether that should be effective imme- telephones in campaigns gone by to on the table. diately or effective post the 1998 elec- raise money. They said they will never The PRESIDING OFFICER. Is there tion is something we will have to dis- do it again, as the Vice President has objection? cuss. said. But it raises a bipartisan chal- Mr. NICKLES. Mr. President, I ob- Mr. DURBIN. Will the Senator yield lenge to us in limiting campaign fund- ject. further?

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2507 Mr. NICKLES. Yes. The Victim Rights Clarification Act I very much appreciate the support of Mr. DURBIN. Could the Senator give is necessary because a Federal judge my colleagues in both the Senate and me some assurance by the majority interpreted his sequestration power as the House who have made this bill pos- leadership that this issue should come authorizing the exclusion of victims of sible today. I am very grateful for their to the floor this calendar year? crime from trial who will only be wit- assistance. I know that I am speaking Mr. NICKLES. I will just tell my col- nesses at sentencing. The district judge on behalf of hundreds of victims and league, I have been charged with the presiding over the Oklahoma City the families in Oklahoma City, that responsibility of trying to make sure bombing case basically gave the vic- they are grateful for this legislation, that we are ready to do that. It is my tims and their families two choices. and a special thank you to my col- hope and expectation that we will be They could attend the trial and witness leagues, Senator INHOFE and Senator ready to do that—not tie this down to the trial—or in this case we have LEAHY and Senator KENNEDY and Sen- a particular timetable—but I hope that closed-circuit TV for the families, ator HATCH, for making this bill pos- we will be able to do it in the not-too- since the trial is actually in Denver sible. and many of the families are in Okla- distant future. Maybe we will be able I yield the floor. to meet the timeframe as suggested by homa City. So they have closed-circuit my colleague from Illinois. I am not TV. They have two options: They can Mr. LEAHY addressed the Chair. ready to give a date. But you are say- view the trial in Denver or in Okla- The PRESIDING OFFICER. The Sen- ing for this year. I hope that will be homa City, or they could participate in ator from Vermont is recognized. the case. the sentencing phase of the trial. Mr. LEAHY. Mr. President, I am Most of the families of the victims Mr. DURBIN. If the Senator would pleased to join my friends, Mr. HATCH, further yield. wanted to do both—or many wanted to the two Senators from Oklahoma, and do both. They should not have had to I will return and my colleagues will Senator GRASSLEY, as an original co- make that decision. This legislation return with similar resolutions in the sponsor of the Victim Rights Clarifica- will clarify that. hopes that we can reach a bipartisan tion Act of 1997. agreement for a timetable to consider Such rulings as the judge made ex- I am glad we are considering and this issue. Absent that agreement, tend sequestration far beyond what passing this important legislation. many of us are afraid that we will once Congress has intended. The accused has They are doing this in an expeditious again fall into this morass of hearings no legitimate basis for excluding a vic- tim who will not testify during the and bipartisan manner. and speeches and a lot of jawboning trial. Congress thought it already and very little progress on the subject. Two of the most important rights adopted a provision precluding such se- I hope that my colleague from Okla- Congress can safeguard for crime vic- questration in the victims’ bill of tims are the right to witness the trial homa will join me in that effort. rights. This bill clarifies the pre- Mr. NICKLES. I thank my friend. of the accused and the right to be existing law so it is indisputable that f heard in connection with the sen- district courts cannot deny victims and tencing decision. The Victim Rights VICTIM RIGHTS CLARIFICATION surviving family members the oppor- ACT OF 1997 Clarification Act is not the first time tunity to watch the trial merely be- Congress has addressed these two ideas. Mr. NICKLES. Mr. President, I ask cause they will provide information In 1990, we passed the Victims’ Rights unanimous consent that the Senate during the sentencing phase of the pro- and Restitution Act, providing that proceed to the immediate consider- ceedings. crime victims shall have the right to This bill also applies to all pending ation of H.R. 924 just received from the be present in all public court pro- cases and in no way singles out a case House. ceedings related to the offense, unless for unique or special treatment. Rath- The PRESIDING OFFICER. Without the court determines the testimony by er, a serious problem has come to light objection, it is so ordered. the victim would be materially af- The clerk will report. and Congress has responded by clari- The bill clerk read as follows: fying the applicable Federal law across fected. A bill (H.R. 924) to amend title 18, United the country from this day forward. In the Violent Crime Control Act of States Code, to give further assurance to the The U.S. Supreme Court has specifi- 1994, Congress included several victims’ right of victims of crime to attend and ob- cally upheld the power of Congress to rights provisions. For instance, we serve the trials of those accused of the make ‘‘changes in law’’ that apply even amended rule 32 of the Federal Rules of crime. in pending cases. In Robertson versus Criminal Procedure to require Federal The Senate proceeded to consider the Seattle Audubon Society, a unanimous judges at the sentencing for crimes of bill. court explained that Congress can violence or sexual assault to determine Mr. NICKLES. Mr. President, I wish ‘‘modify the provisions at issue’’ in if the victim wishes to make a state- to thank my colleague and friend, Sen- pending and other cases. This bill ment. ator LEAHY, for his cooperation in makes it clear that Federal crime vic- Last year, we enacted the Televised bringing this bill to the floor. As I tims will not be denied the chance to Proceedings for Crime Victims Act as mentioned, the House passed this bill watch the court proceedings simply be- part of the Antiterrorism and Effective yesterday. It was by a vote of 418 to 9. cause they wish to be heard at sen- I also want to thank my colleagues, Death Penalty Act of 1996. That re- tencing. sponded to the difficulties created for Senator HATCH, Senator INHOFE—who This bill will be enforced through victims of the Oklahoma City bombing. is an original cosponsor of this legisla- normal legal channels. Federal district tion with me—Senator GRASSLEY and courts will make the initial determina- Mr. President, I think this is impor- Senator KENNEDY and their staffs for tion of the applicability of the law. In tant because so often what we set in working together with our staff to disputed cases, the courts will hear the criminal procedures in the Federal make this bill possible. from the Department of Justice, coun- court are then adopted by the State And I want to thank the bipartisan sel for the affected victims, and coun- courts. During my days as a pros- and bicameral cooperation that we sel for the accused. If the district court ecutor, I felt victims should have com- have had because we have negotiated persists in denying a victim the right plete access to the court during a trial with the House, came up with similar to observe a trial in violation of the and that victims should be heard upon legislation to correct, I think, a mis- law, both the Department of Justice sentencing. Frankly, I found many take, a problem. and the victims can seek appellate re- times when the person being sentenced Mr. President, we introduce this leg- view through the appropriate plead- had suddenly gotten religion, had sud- islation on behalf of the victims of the ings. denly become a model person, usually Oklahoma City bombing and other vic- Once again, Mr. President, this is an dressed in a better suit and tie than I tims of crime. This legislation will important piece of bipartisan legisla- wore as a prosecutor and was able to clarify the rights of victims to attend tion that will clarify the intent of Con- cry copious tears seeking forgiveness and observe the trial of the accused gress with respect to a victim’s right and saying how it was all a mistake, and also testify at the sentencing hear- to attend and observe a trial and tes- sometimes reality came to the court- ing. tify at sentencing. room

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2508 CONGRESSIONAL RECORD — SENATE March 19, 1997 only when the victim would speak. I re- ment or presenting information in rela- Congress has ensured that the Federal member one such victim had very little tion to the sentence during the sen- Rules of Criminal Procedure provide to say, with heavy scars on her face tencing phase of the proceedings solely this right to victims of violent crimes that would probably never heal. That because the victim has witnessed the when the defendant is tried in federal said more than she might. trial. court. I say that, Mr. President, because in Just as importantly, the Victim Recent court decisions have made it enacting this legislation, we affect not Rights Clarification Act will not: evident that some clarification of this only Federal courts directly, which of Apply to victims who testify during right is badly needed. These decisions course I think is important, but I say the guilt phase of a trial. have excluded from trials victims and to my colleagues in the Senate that Eliminate a judge’s discretion to ex- survivors who might give impact testi- after this is experienced in the Federal clude a victim’s testimony during the mony at sentencing. courts for a couple of years, we are sentencing phase that will unfairly Generally, witnesses may be excluded going to find the same procedures fol- prejudice the jury. Specifically, the from viewing a trial until they have lowed by State courts all over this legislation allows for a judge to ex- testified. The rationale for this rule, country. We saw it in the Federal clude a victim if he or she finds basis— known as the rule on witnesses and em- Rules of Civil Procedure. We see it in independent of the sole fact that the bodied in rule 615 of the Federal Rules the Federal Rules of Criminal Proce- victim witnessed the trial—that the of Evidence, is the need to prevent wit- dure. If they work in the Federal victim’s testimony during the sen- nesses from collaborating on their tes- courts, they tend to work in the State tencing phase will create unfair preju- timony, as well as the need to prevent courts. dice. each witness from shaping his or her I am glad to join with my friend from Attempt to strip a defendant of his or testimony to the testimony that al- Oklahoma, the distinguished senior her constitutional rights. ready has been presented. Those ra- Senator from Oklahoma and his col- Overturn any final court judgments. tionales do not apply, however, when victims testify at sentencing about the league, Senator INHOFE, in support of My cosponsors and I worked together effect of the crime on their own lives. this legislation which shows how re- to pass this legislation within a time- As a result of this bill, victims and sur- sponsive Congress can be to victims’ frame that could benefit the victims in vivors will be permitted to observe the rights. the Oklahoma City bombing cases. The Supreme Court has also spoken Our final legislative product, how- trial and still testify about the effect of the crime on their lives, without to whether victim impact statements ever, will not only assist the victims in running afoul of the policy are permissible in death penalty cases. the Oklahoma City bombing case, but In the 1991 case Payne versus Ten- crime victims throughout the United underpinnings for excluding witnesses nessee, the Supreme Court made clear States. from viewing a trial. Another rationale for application of that a sentencing jury in a capital case In response to real people, real prob- the rule on witnesses, and one that has may consider victim impact evidence lems and real pain, Congress has dem- onstrated its ability to find a real solu- been advanced to prevent victims from relating to the victim’s personal char- both observing the trial and presenting acteristics and the emotional impact of tion—the Victim Rights Clarification Act of 1997. impact testimony, holds that a victim the murder on the victim’s family. may testify only about the effect of the The Court observed that it is an af- Mr. HATCH. Mr. President, I rise crime on his or her life, not about the front to the civilized members of the today to speak briefly in support of H.R. 924, the Victims’ Rights Clarifica- effect of the trial on his life. But, Mr. human race to say that at sentencing President, for the victim the trial is in a capital case, a parade of witnesses tion Act of 1997. A companion to this bill was introduced this past Friday by one of the effects of the crime and be- may praise the background, character, comes forever a part of the victim’s Senator NICKLES as S. 447, which is co- and good deeds of the defendant, but life. sponsored by Senator INHOFE, myself, nothing may be said that bears upon Remember, this amendment deals Senator LEAHY, and Senator GRASSLEY. the character of, or the harm imposed only with victim impact testimony. By upon, the victims. I was proud to be an original cosponsor that point in the process, the defendant Unfortunately, the victims in the of this vital bill because it advances already has been convicted. In my Oklahoma City bombing case are being the rights of crime victims in the view, it is not unfair for the law to categorically excluded from both criminal justice process. This bill will treat the effect on a victim of viewing watching the trial and providing vic- ensure that victims of a crime who a trial as part of the effect of the tim impact testimony. Thus the vic- may be victim-impact witnesses at the crime, since the trial is a proximate, tims are faced with an excruciating di- sentencing phase of a trial are able to reasonably foreseeable consequence of lemma: If they sit outside the court- attend that trial and still testify at the commission of a crime. As the re- room during the trial, they may never sentencing. sult, a victim should be free to see the learn the details of how the justice sys- Mr. President, too often the victims trial and still give victim-impact testi- tem responded to this horrible crime. of crime seem to be forgotten as the mony at sentencing. On the other hand, if they attend the wheels of justice turn. In a sense, they This bill will ensure that victims of trial, they will never be able to tell the are victimized twice—first by the crimes have an opportunity to allevi- jury the full extent of the suffering the criminal, and then by a justice system ate some of their suffering through crime has caused to them and to their that too frequently treats them as ir- witnessing the operation of the crimi- families. relevant to the administration of jus- nal justice system. Moreover, this bill I do not believe that current law tice. will accomplish this salutary result thrusts this painful choice upon vic- This legislation clarifies that the vic- without having forced upon them the tims in this country. However, recent tims and survivors of crime who might cruel choice of observing the trial or court rulings reveal the need to clarify present testimony at sentencing about giving impact testimony at sentencing. and even hone existing law. That is ex- the effects of the defendant’s act Indeed, the bill before the Senate is a actly what Congress is doing by pass- should not be prevented from observing significant improvement over the legis- ing the Victim Rights Clarification Act the trial. It also clarifies that, con- lation originally introduced in the of 1997. versely, observing the trial is not other body because, unlike the original This important legislation will: grounds for excluding a victim or sur- House bill, it specifically ensures that Clarify that a court shall not exclude vivor from presenting impact testi- victims have the right both to attend a victim from witnessing a trial on the mony at sentencing. In 1991, the Su- the trial and provide impact testimony basis that the victim may, during the preme Court ruled in Payne v. Ten- at sentencing. The opportunity to do sentencing phase of the proceedings, nessee [501 U.S. 808] ruled that victims both is critical to providing closure to make a statement or present informa- and survivors may be given the right to victims and ensuring justice for vic- tion in relation to the sentence. provide testimony at sentencing about tims, as well as defendants and society. Specify that a court shall not pro- the victim and the impact of the crime Mr. President, this provision is not hibit a victim from making a state- on the victim’s family. Since then, controversial. I hope that it can be

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2509 passed by the Senate and sent to the I might mention that this is the pelled to pay time and attention: issues President for his approval without third piece of legislation that we have such as eliminating the Federal deficit, delay. passed that deals directly, or has had taking care of those who have served Mr. INHOFE. Mr. President, I am some impact, I guess, as a result of the this Nation in the Armed Forces, car- pleased to join my colleagues, Senators Oklahoma City bombing. Last Con- ing for our elderly and our young, im- NICKLES and LEAHY in getting through gress, we passed legislation dealing proving our environment, and recom- the Senate H.R. 924, the Victim Allocu- with habeas corpus reform, one of the mitting our educational system to ex- tion Clarification Act. This is an im- most significant improvements, I cellence. However, as important as portant issue for victims and their think, in our statutes dealing with these issues are, in my opinion, they families of the Murrah Federal Build- criminal law in a long time. We wanted are all secondary to the basic issue be- ing bombing. Clearly, we would not to have an end to endless appeals. I fore us—the need to recapture the have been able to get this through un- think the Oklahoma City tragedy gave public’s faith in our democratic proc- less there was widespread support for us great momentum to make that hap- esses and our democratic institutions. clarifying congressional intent with re- pen. I remember several of the victims Without that faith, all of these other spect to the rights of victims and their coming to testify, urging Congress to endeavors will be undermined. families. enact a crime bill, but also urging Con- Confucius, the noted Chinese sage, Although the Victims Rights and gress to enact habeas reform because once wrote that there were three Resolution Act of 1990 provided that they wanted to see justice soon rather things that make up a great nation: victims have the right to be present at than later. First, a strong defense; second a vig- all public court proceedings, it condi- We also passed legislation to allow orous economy; and third, the faith of tioned that on a court determination closed-circuit TV so victims would not people in their government. Confucius that the testimony by the victim have to go all the way to Denver. I was noted that a great nation might do would not be materially affected if the disappointed the decision was made without a strong defense, or that a victim heard other testimony at the that the trial would be held in Denver. great nation might be able to do with- trial. Recent courts decisions have held Originally, the judge said the people out a vigorous economy, but, Confucius that victims cannot attend the trial would have to attend to witness the noted that a great nation could not re- and submit a victim’s impact state- trial. This trial could last for months. main great without the faith of the ment. H.R. 924 clarifies congressional We passed legislation basically man- people in their government. intent by allowing the victim and their dating that closed-circuit TV would be Mr. President, I am committed to family to both attend the trial and sub- allowed in this case and, hopefully, supporting programs and plans for a mit a statement during the sentencing other cases. Hopefully, we will not strong defense for our Nation. I serve phase. have other cases, but if we have an- on the Senate Armed Services Com- I believe this language has reached a other case that might be identical to mittee with great pride and a sense of delicate balance between protecting this, the victims and their families awesome responsibility in this regard. I the rights of the victims while main- would not have to travel several hun- also am committed to a vigorous econ- taining the constitutional protections dred miles just to be able to witness omy, and to upgrading the quality of of the defendant. As noted by Senator the trial. education in America, in particular to NICKLES, it is critical that we pass H.R. Finally, we passed this legislation, creating hope for all of our qualified 924 before the trial in the Oklahoma this important legislation, to allow youngsters that they will have an op- City bombing case begins on March 31. victims and their families to be able to portunity to go to college or to receive I appreciate the efforts of all involved witness a trial and also, if they desire, vocational training. In furtherance of in getting through the Senate and to be able to testify during the sen- this objective, I am a cosponsor of S. House expeditiously. tencing phase. This would not have 12, a program designed to provide a Mr. NICKLES. Mr. President, I ask happened if we did not have bipartisan $1,500 tax credit and a $10,000 tax deduc- unanimous consent that the bill be support. tion to working families so they can deemed read a third time and passed, Again, I thank my colleagues for see their children achieve the Amer- and the motion to reconsider be laid making it happen. I am delighted. On ican dream. But I am especially com- upon the table, and that any state- behalf of hundreds of Oklahoma City mitted to doing those things which we ments relating to the bill appear at the families who are directly impacted, we need to do to enhance the faith of peo- appropriate place in the RECORD. say thank you to both our colleagues ple in this country in their own Gov- The PRESIDING OFFICER. Without in the House and the Senate for passing ernment by cleaning up the campaign objection, it is so ordered. this legislation today. finance mess. The bill (H.R. 924) was deemed read a I yield the floor. When I first came to Washington as a third time and passed. The PRESIDING OFFICER. The Sen- young college student in the fall of Mr. NICKLES. Mr. President, I move ator from Georgia is recognized. 1963, I was inspired by President Ken- to reconsider the vote. f nedy to get involved in public service. Mr. LEAHY. I move to lay that mo- I especially enjoyed meeting and learn- tion on the table. CAMPAIGN FINANCE REFORM ing from Members of the Senate. I can The motion to lay on the table was NEEDED vividly recall personal meetings with agreed to. Mr. CLELAND. Mr. President, I rise Senators Russell and Talmadge from The PRESIDING OFFICER. The Sen- to speak on the floor of the U.S. Senate Georgia, and a young Senator from ator from Oklahoma. for the first time. I do so with mixed West Virginia named ROBERT C. BYRD. Mr. NICKLES. Mr. President, I thank emotions. Following in the great tradi- In those days, my heart was stirred to my friend and colleague, Senator tion of this seat once held by such devote my life to politics. LEAHY from Vermont. We have done notables as Dick Russell and Sam Many of us in this Chamber today something rather unusual. We worked Nunn, I am poignantly aware that got our first taste of politics in the together in a very bipartisan fashion to freshman Senators should be seen and early sixties. For me, that introduction do some good work, and we did it very not heard. However, there is an issue was a positive one. quickly. It is not often that Congress building in this country which I feel However, when I was sworn in here passes legislation this quickly, and we obligated to comment on and regarding on the Senate floor on January 7 of did so. which I can no longer remain silent. this year, I could not help but think Also, I want to thank Senator This is the issue of reforming the way how differently our current leaders and DASCHLE and Senator LOTT because we we finance our political campaigns at our current institutions are perceived wanted to expedite this. We would like the Federal level, particulary seats in by today’s public, especially our young to get it to the President before he the U.S. Congress, and especially seats people. I do not believe that our leaders leaves the country today. This trial in the U.S. Senate. or our institutions are of lesser caliber happens to start on the 31st of this There are many other issues facing that those of my youth, but something month. our Nation to which we are all com- has obviously gone wrong. We in public

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2510 CONGRESSIONAL RECORD — SENATE March 19, 1997 office today face a hostile and cynical tures, and establish rules for everyone paign finance abuses. I serve on the public, quite willing to take the worst to play by, the average citizen will Governmental Affairs Committee possible reports about us and believe have less and less chance to serve in which will be conducting this inves- them instantly. One of the reasons for this body or run for public office. Sen- tigation. I fully support the purposes this attitude toward our public offi- ator DASCHLE predicts that at the cur- for which this investigation is in- cials, I think, is the constant money rent pace of the money chase, in only tended, but I’m saddened it has to be chase that U.S. House and U.S. Senate 29 years the average Senate race will undertaken in the first place. I only campaigns have become. Additionally, cost $143 million. hope that this effort will result in when this money is spent on 30-second This is insanity. meaningful campaign finance reform character assassination ads which have We cannot allow the Congress of the this year. become the staple of American politics, United States, especially the U.S. Sen- After we pass McCain-Feingold, we can we expect our public to truly speak ate, to become a millionaires’ club will need to turn to additional reforms highly of us? dominated by the rich and run by the in order to further improve our elec- I believe the single most important powerful special interests. This system toral process. I am working on legisla- step we can take in the Congress this continues to take its toll on this body tion which would strengthen the Fed- year in restoring public confidence and as the money chase continues. The exo- eral Election Commission. The pro- faith in our democracy is to enact dus of distinguished, veteran legisla- posal would do several things: Alter meaningful campaign finance reform. tors who have voluntarily departed the Commission structure to remove This is not a problem for Democrats. from the U.S. Senate in the last 2 years the possibility of partisan gridlock; This is not a problem for Republicans. is at an historic level. Even in my first eliminate current restrictions on the It is a problem for us all. We must act 2 months in the Senate, I have seen Commission’s ability to launch crimi- together in a bipartisan manner to noted Republican and Democratic leg- nal investigations, and to impose time- clean up a system which has gotten islators like DAN COATS, JOHN GLENN, ly, and effective penalties against vio- completely out of control and which and WENDELL FORD announce their re- lations of campaign law; and mandate undermines both the operation and rep- tirement from this body partially be- electronic filing of all reports. utation of our entire national Govern- cause of the frustration of spending the In addition, my proposal would ex- ment. next 2 years doing nothing but raising pand the free air time provisions of Throughout my early days in this money for their upcoming campaign. McCain-Feingold in order to help level body, I and all of my colleagues have Senator FORD spoke the thoughts of the playing field for challengers, and been under a constant barrage of re- many when he said on his retirement: attack the single biggest factor in driv- ports of campaign financing impropri- The job of being a U.S. Senator today has ing up campaign expenditures—expen- eties in the 1996 elections. I feel very unfortunately become a job of raising money sive television costs. Finally, I am strongly that our current campaign to be reelected instead of a job doing the peo- looking for methods to effectively en- system has become a national embar- ple’s business. Traveling to New York, Cali- fornia, Texas, or basically any State in the force a shorter timeframe for the con- rassment. duct of campaign-related activities. Will Rogers said back in the 1930’s country, weekend after weekend for the next 2 years is what candidates must do if they Strengthening enforcement, expand- that, ‘‘Politics has got so expensive hope to raise the money necessary to com- ing public access to information about that it takes lots of money to even get pete in a Senatorial election. Democracy as candidates and their ideas, and reduc- beat with.’’ How true that is, especially we know it will be lost if we continue to ing the length of the campaign season today. In the 1960’s a Georgia politician allow government to become one bought by will, in my judgment, build upon the remarked, ‘‘The only thing tainted the highest bidder, for the highest bidder. solid foundation which I hope we will Candidates will simply become bit players about political money is that it ’taint create when we enact S. 25. mine and ’taint enough.’’ and pawns in a campaign managed and ma- The American public isn’t laughing nipulated by paid consultants and hired We have important work ahead, and anymore. They are demanding a guns. often times there will be legitimate change in the attitudes of politicians The essential first step in repairing partisan, philosophical, and regional on the question of campaign fund- the current system is passage this year differences of opinion which should be raising. We currently have a political of S. 25, the bipartisan McCain-Fein- voiced and acted upon. However, we system which is drowning in money gold campaign finance reform bill. I am have a shared interest, as Senators, but and rife with real and potential con- very proud to be an original cosponsor more importantly, as American citi- flicts of interest. Simply stated, we of this proposal. It was the very first zens, in always acting to enhance the have too many dollars chasing and piece of legislation I attached my name respect our citizens have for our great being chased by too many politicians to as a U.S. Senator. Briefly outlined, country and our democratic institu- too much of the time. the bill would: ban soft money con- tions, especially this body. This unseemly money chase has tributions to national political parties; In that spirit, and with that commit- taken its toll in terms of public con- ban contributions by political action ment, I urge my colleagues to join in fidence. The election year of 1996 wit- committees to Federal candidates; es- the cause of mending our broken cam- nessed both a record high in the tablish voluntary spending limits, in- paign finance system. Let us create a amount of money spent in pursuit of cluding limits on personal spending, new campaign finance system which in- Federal office—a staggering $800 mil- and require that at least 60 percent of stills public confidence rather than un- lion—and the second worst voter turn- funds be raised from home State indi- dermines it, and aids the governing out in American history! In 1996, 10 viduals for Senate candidates; provide process rather than hinders it. million fewer voters went to the polls candidates who abide by these spending President Grover Cleveland was to cast their ballots in that Presi- limits with limited free and discounted right: ‘‘A public office is a public dential year than went to the polls 2 television time and a discount on post- trust.’’ The current money chase we all years earlier. What’s wrong with this age rates; require greater disclosure of engage in is severely eroding that picture? Some $220 million was spent independent expenditures; and prohibit trust. We must act to change a cam- on Senate races alone. In my Senate contributions from those who are ineli- paign finance system that is broken, or race in Georgia, I raised and spent gible to vote in Federal elections, in- continue to see good men and women some $3.5 million, but was outspent by cluding non-American citizens. from all walks of life and from all po- a multimillionaire who spent over $10 Mr. President, the best endorsement litical persuasions broken by it. million running for the Senate seat—$7 I can think of for this measure is that Mr. President, I yield the floor. million of which was his own money. Is had McCain-Feingold been in effect for Several Senators addressed the it any wonder that more and more of the 1996 elections, we would not now Chair. our citizens see that there is a for sale need to divert our attention away from The PRESIDING OFFICER. The Sen- sign on more and more public offices in the many serious problems facing our ator from Kansas is recognized. America? If we don’t bring about re- country in order to devote time and en- Mr. FEINGOLD. Will the Senator form of this process, limit expendi- ergy toward the investigation of cam- yield for a brief comment?

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2511 Mr. BROWNBACK. Just for a brief as someone who is fresh off the cam- reer. I am proud to call him a friend comment. I have a limited period of paign trail. I am sure that what he has and colleague. time. had to say is something of importance, f and I hope it will be read by our col- f PRIVILEGE OF THE FLOOR leagues. He comes in the great tradi- CONGRATULATIONS TO SENATOR tion of Senators from Georgia. When I Mr. GRAHAM. Mr. President, I ask CLELAND ON HIS MAIDEN SPEECH first came to Washington as a new unanimous consent that Ms. Delia Mr. FEINGOLD. I thank the Senator. Member of the Congress, we had Sen- Lasanta, a fellow in our office, be al- All I wanted to do is be the first to con- ator Walter George in the U.S. Senate, lowed privileges of the floor during gratulate the Senator from Georgia on and Senator Richard Russell, who was consideration of the legislation that I his first speech as a Member of this my mentor in many ways, and it was I will be introducing this afternoon with body. I can’t tell you how delighted we who introduced the resolution to name my friend and colleague, the Senator all are to have the Senator from Geor- the old Senate Office Building in honor from Idaho [Mr. CRAIG]. gia here. The Senator from Georgia ran of Senator Richard Russell. Of course, The PRESIDING OFFICER. Without a tough race. I know the Senator from there was also Sam Nunn, who followed objection, it is so ordered. Georgia has run other races before. in Senator Russell’s footsteps. (The remarks of Mr. GRAHAM and Mr. The people of Georgia know well that I congratulate the distinguished Sen- CRAIG pertaining to the introduction of the Senator from Georgia did not come ator. He is a true American hero. I S. 472 are located in today’s RECORD to this campaign finance reform issue know that he will be an outstanding under ‘‘Statements on Introduced Bills in the last few weeks, or just after the Member of this institution. I congratu- and Joint Resolutions.’’) revelations of the last election. The late him. The PRESIDING OFFICER. The Sen- Senator from Georgia has been a leader I hope that all Senators will take ator from Missouri. in Georgia and in the country for years note of what Senator CLELAND has said f in authoring and considering and mov- in his speech today. It will be well ing forward the issue of campaign fi- COMMUNICATIONS DECENCY ACT worth their time to read that speech. nance reform. I can’t think of anything I thank him. Mr. BOND. Mr. President, I rise that made me happier than when the And I thank the distinguished Sen- today to join with a number of my col- Senator from Georgia said his first bill ator from Kansas. leagues to say there was a very impor- would be to cosponsor our bipartisan Mr. BROWNBACK addressed the tant argument in the Supreme Court effort. On behalf of my colleagues and Chair. today over the constitutionality of the myself, it is a great moment in the The PRESIDING OFFICER. The Sen- Communications Decency Act, which Senate to have the Senator from Geor- ator from Kansas. we passed last year. You will recall gia join us and to hear his first speech. Mr. BROWNBACK. Mr. President, I that we passed a bill to make it dif- Mr. WELLSTONE. Mr. President, I want to recognize and congratulate the ficult to communicate pornography to wonder if I may have 30 seconds. Senator from Georgia for joining the children. The day it was passed and Mr. BROWNBACK. Yes. signed, the American Civil Liberties Mr. WELLSTONE. Mr. President, I body. I am joining him on his first Union jumped in to say it was uncon- echo what my colleague from Wis- maiden speech. stitutional. I’m sorry, but I think the consin has said. I believe, I say to the I also thank the Senator from West ACLU has it all wrong. I was very Senator from Georgia, that when we Virginia for educating and sharing pleased to be one of a group of Sen- pass the reform bill in this Congress— with us some of the culture and the ators, including the occupant of the and we must and we will—the words ut- history of the U.S. Senate, which I Chair, who signed a brief in support of tered in the Senator’s first speech on think is always beneficial for us to Congress’ effort to impose reasonable the floor of the Senate will be remem- have and to be able to share with the regulations and restrictions to prevent bered and will be part of a good piece of American people the history, the abil- the worst form of pornography from history in this country. I thank my ity, and the nature of this body as it reaching our children. colleague from Georgia, and I thank was set up by the Founding Fathers Congress can regulate speech when the people from Georgia for sending and which has been maintained with there is a compelling reason. That has him here. most of its integrity since that time Mr. BYRD. Mr. President, will the and age of what they set forward. been clear. That has been held con- Senator yield for a brief comment? I I think it is always positive for us to stitutional in many instances, and I ask unanimous consent that he retain know the history and the nature and suggest that there is no more compel- his right to the floor and that the time why we serve and how we should serve. ling need than to protect our children consumed by me and by the two Sen- Mr. BYRD. Mr. President, I thank and future generations from exposure ators preceding me not come out of the the distinguished Senator for his very to explicit pornographic pictures and Senator’s time. kind and overly charitable remarks. messages, and from the people who Mr. BROWNBACK. I am happy to Mr. BROWNBACK. They are not send them. yield for a minute, if I could please, sir. overly charitable at all. The government, both the Federal The PRESIDING OFFICER. Without (The remarks of Mr. BROWNBACK per- Government and State and local gov- objection, it is so ordered. taining to the introduction of S. 471 are ernments, have engaged in efforts to Mr. BYRD. Mr. President, I join with located in today’s RECORD under regulate pornography. We regulate others of my colleagues in compli- ‘‘Statements on Introduced Bills and media available to children such as the menting the distinguished Senator Joint Resolutions.’’) sale of books and magazines, the view- from Georgia on his maiden speech. Mr. GRAHAM addressed the Chair. ing and sale of films, the use of tele- It used to be, Mr. President, that The PRESIDING OFFICER (Mr. phone services to communicate adult when a new Senator came to this body, SANTORUM). The Senator from Florida. messages, and the broadcast media. So, he waited several months before he Mr. GRAHAM. Mr. President, first, I this has been done and it has been done spoke. Then when he made his maiden wish to add to the remarks that have for a very good and I believe a very speech, other Senators who had been been made this afternoon in recogni- compelling reason. The standard put notified that he was going to make a tion of the first speech given as a Mem- forth in the Communications Decency speech would come to the floor and ber of the U.S. Senate by our new col- Act is even more stringent than that, gather around him and listen to his league, the Senator from Georgia. He in terms of the limitations of it. The speech. In those days we did not have has represented this Nation with great constraints are more severely limited the public address system. So Senators distinction throughout his life, and we than the constraints on the broadcast generally moved toward the desk of the are gratified that he has now joined us media. We have tightened up the defi- Senator who was speaking so they in the Senate. I am confident that the nitions and made the ban much nar- could hear him better. remarks he made a few minutes ago rower. I have enjoyed listening to the distin- will be illustrative of the contributions The Internet is clearly the latest guished Senator. He comes here today he will make throughout his Senate ca- means of communications. Any of us

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2512 CONGRESSIONAL RECORD — SENATE March 19, 1997 who have children knows how readily THE BUCK MUST REST not know what was going on. Legiti- accessible the Internet is. If you are SOMEWHERE ELSE mate questions were raised: If you did like I am, when you have a computer Mr. COATS. Mr. President, yester- not know what was going on with a 150- problem you ask your child how to fix day, I took the floor to detail what I member staff that went to the very es- it, because the children know how to thought was an extremely disturbing sence of the Presidency, of who sees make it work. My forehead still breaks and very potentially abuse of Execu- the President, of what the involvement out in perspiration and my hands tive power of the White House to im- of these individuals is relative to fund- shake when I try to send e-mail. But properly influence the outcome of the raising for the election, if you are not the kids can not only send the e-mail American Presidential election. As aware of that going on, how are you for you, they can tell you how to send part of that chronology of events of in- possibly going to manage a multithou- it, fix the problems on it, and make formation that we now know that has sand-member agency with 12 separate things happen. We want to make sure been printed and that we are aware of, divisions as important to the security that what they do not make happen is I detailed the situation relative to the of the United States as the Central In- that they get access to things that are latest scandal that has been reported telligence Agency? now banned to them through adult in the press, and that involves Mr. So even though the White House book stores, through broadcast media, Lake, former National Security Ad- blamed partisan Republicans, we now through telephone communications. viser to the President, an individual know that the vice chairman of the In- They should not be subject to the devi- nominated for the job as Director of telligence Committee had raised his ants, the pornographers, the child mo- the CIA. own concerns about Mr. Lake’s quali- lesters who want to use the Internet in Mr. Lake, as we all now know, with- fications and what his role was and the an interactive way to get access to our drew his name from consideration the role of the National Security Council children. day after a major story broke about a in terms of all this fundraising morass that the administration is caught up There are, unfortunately, an abun- problem involving the Democratic Na- tional Committee, the Central Intel- in. dance of examples of where perverts Mr. President, fortunately, publica- have used Internet communications to ligence Agency, the National Security Council, and the fundraising operation tions that are following the story are communicate with and to lure young not buying the White House response. children to locations away from their of the White House. I think this is probably the most damaging, or at The New York Times editorial today homes. They have used pornography as states: a tool. Not only have they polluted least one of the most damaging allega- tions relative to the entire fundraising In the end, Mr. Lake was undone by Mr. children’s minds with this pornog- Clinton’s reckless 1996 election campaign raphy, but they have used it as a tool efforts by the Democratic Party for and the failure of top White House officials, for their own, very sick purposes. this last election. We now know that including Mr. Lake, to insulate American the Central Intelligence Agency was In Louisville, I know there was a 12- foreign policy from fundraising efforts. used by the Democratic National Com- year-old girl who was sent a bus ticket That is an extraordinary statement, mittee to encourage access to the and left home without her parents Mr. President, and I want to repeat it. President by an individual who is an knowing about it. These examples have The New York Times editorial today international fugitive and was a major happened time and time again. I be- refuting the White House response to donor to the Democratic Party. lieve this Congress had every right to Mr. Lake’s withdrawal from nomina- The administration, in response to tion to be CIA Director, states: say it is OK for adults to communicate Mr. Lake’s withdrawal, indicated that anything they want but you cannot be In the end, Mr. Lake was undone by Mr. it was the confirmation process by Clinton’s reckless 1996 election campaign sending material to children that is members of the Intelligence Com- pornographic. You cannot be putting and the failure of top White House officials, mittee that is at fault in the with- including Mr. Lake, to insulate American pornographic information on the kiddie drawal of the Lake nomination. The foreign policy from fundraising efforts. chat rooms. fault, Mr. President, I suggest, lies Jim Hoagland, in today’s Washington Contrary to what the ACLU will tell elsewhere. The Lake nomination was Post, states: you, the Communications Decency Act eventually undermined because Mr. [Lake] is not a victim of the system but of does not ban speech or interrupt the Lake was forced to operate, or at least the President he served. His angry words try free exchange of ideas. There is tech- chose to operate or was forced to oper- to obscure an embarrassment and the true nology available that can keep chil- ate, in the very center, the very heart dimension of one more political fiasco at the Clinton White House. One more close Clinton dren from gaining access to it. And if it of a political fundraising machine takes a pornographer a little more dif- associate is badly damaged while the Presi- whose abuses are revealed to us each dent cruises on with high but flagging ap- ficulty to communicate pornographic day as we pick up the paper in the proval ratings. materials to another consenting adult, morning. To continue: so they do not get the information be- The White House blames partisan Re- The system that did in Tony Lake is the fore children, I am not going to lose publicans, and yet a major story in the one that allowed the fundraisers to trump any sleep over it. New York Times today, titled ‘‘Lead- Lake’s staff repeatedly over access to the There is every reason that we can, ing Democrat Tells of Doubt of CIA White House. under the Communications Decency Nominee, White House Was Warned, In Washington the system is people—peo- Act, continue to use the Communica- Senator KERREY’s Reservations May ple who are supremely attuned to the wishes, Have Persuaded Lake Not To Fight the needs, and whims of the boss. If Roger tions Decency Act for communicating Tamraz, Chinese arms supplier Wang Jun, medical information, discussing lit- GOP,’’ hardly speaks to a partisan ef- Thai trade lobbyist Pauline Kanchanalak erature—these are not banned. If the fort to dethrone Mr. Lake. and the others made it into the White House, purpose is getting pornography, for Legitimate questions were asked of it is ultimately because Bill Clinton commu- pornographic purposes or even personal Mr. Lake of what his role was as Na- nicated, in one form or another, that he did whims of those who communicate it, to tional Security Adviser to the Presi- not want tight screening of campaign con- children, that the Communications De- dent in terms of clearing certain indi- tributors. In the end, Tony Lake paid the cency Act bans. viduals to come to the White House for price for Clinton’s need not to know. That from today’s Washington Post. I think this should be upheld. I am various favors, coffees, Lincoln Bed- Then, finally, Maureen Dowd in the proud to be one of the signers of the room stays, et cetera, and, on several New York Times states: brief and we will all be watching to see occasions—at least two that we know of—the National Security Council Although Mr. Lake’s ‘‘haywire’’ line got this very important case resolved by all the attention— the U.S. Supreme Court. issued very direct reservations and, in fact, warnings about certain individ- That is referring to a process ‘‘gone I yield the floor. uals who, nevertheless, attended more haywire’’ that Mr. Lake stated— Mr. COATS addressed the Chair. than one meeting at the White House. it was another sentence in his letter that The PRESIDING OFFICER. The Sen- Mr. Lake’s response was that he es- provided the real reason for his withdrawal. ator from Indiana. sentially was out of the loop; he did Quoting Ms. Dowd:

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2513 In addition, the story today about the ac- attention to the recently passed Senate When foreign countries wish to influ- tivities of Mr. Roger Tamraz is likely to lead resolution in that regard. I think these ence the most economically powerful to further delay as an investigation pro- are serious issues and they must be ad- country in the world for purposes of ceeds. dressed. commerce or access to its decision- Maureen Dowd goes on to state: Finally, let me just say that the making, that in itself is of concern. Mr. Lake would have had a tough time ex- practice of this administration and this And it has to be this Congress that un- plaining why he was missing in action while President of simply saying, the process derstands that and this President that the Democratic Party tried to use the CIA to is corrupt, that the Congress is par- understands that and in no way allows pressure Mr. Lake’s office to help get an ac- tisan, that all of this has to do with foreign policy, decisionmaking, or any cused embezzler and big donor access to the part of that process to be biased by White House. The cold war might be over, politics and none of this has to do with but don’t these agencies have something bet- ethics and legal violations, that that is undue influence. And yet day after day, ter to do than vet global hustlers and fat a lame excuse and removal from ac- now almost hourly, the stories pile up. cats? countability and responsibility that we Tony Lake is now part of that story. Sheila Heslin, an NSC Asia expert with a expect in the leadership of this coun- Janet Reno must step aside from regard for ethics unusually high for the Clin- try. what appears to be at this moment a ton White House, offered to shield the Presi- Mr. President, I yield the floor. gross conflict of interest and do what is dent from the notorious Roger Tamraz. But Mr. CRAIG addressed the Chair. her statutory responsibility, and that like the ubiquitous Johnny Chung, who also The PRESIDING OFFICER. The Sen- is to appoint an independent counsel. got into the White House despite tepid NSC Then let the chips fall where they may. warnings, Mr. Tamraz had his run of the peo- ator from Idaho. ple’s house. Mr. CRAIG. Mr. President, let me And I do not know where they will fall. So that’s why Tony Lake pulled out: thank the Senator from Indiana for And I do not think the Senator from Indiana knows. She concludes— bringing together for us what is a per- plexing issue. We are talking about allegations, al- He was not Borked. He was Tamrazzed. I had watched from afar, because I legations that were first launched, not Mr. President, former President am not a Member of the Intelligence by a politician, but by the media itself. Harry Truman had on his desk a sign Committee, the process of the inter- It was an article in the Los Angeles that said, ‘‘The buck stops here.’’ Un- viewing of the nominee, Tony Lake. Times back in the latter days of the fortunately, it seems that the sign While I know there was considerable last campaign that argued that some- posted throughout the White House controversy and an unwillingness on how there appeared to be an issue of and throughout this administration is the part of this administration to send corruption or an issue of compromise ‘‘The Buck Must Rest Somewhere Else; forth the full FBI file, that was really or an issue of illegality as it relates to It Sure Doesn’t Stop Here.’’ the only argument I ever heard. Fi- how this administration, most impor- Mr. President, we have a very serious nally some of that file came, but cer- tantly, this President and his Presi- situation before us. We have allega- tainly not all of it did, nor was there dential campaign had raised money. tions, backed by substantial evidence, ever full disclosure. Now Janet Reno, do your job. Call that the executive power of the White Yet on the evening news last night I the independent counsel. Get on with House was abused to improperly influ- watched a very indignant President the business of ferreting out whether ence the outcome of an American Pres- talking about the corruption of the there were illegal acts involved in the idential election. We have serious ques- procedure. And nowhere during all of corruption of or the compromise of this tions about foreign governments’ in- this did I understand that there was President and this President’s foreign volvement at invitation by the Demo- any corruption, only a request for policymaking. cratic Party and the Clinton adminis- knowledge, for information to decide And, thank goodness, through all of tration, involvement in helping corrupt whether the No. 1 intelligence officer the winnowing process Tony Lake is American elections. We have serious of this country was eligible to serve in now out of the picture and we can get allegations, backed by considerable that position. on with the business of reviewing evidence, that the privilege of Amer- The Senator from Indiana has told us nominees who can meet the test of in- ican citizenship has been distorted and the rest of the story. And the rest of tegrity and legitimacy in conducting undermined to serve the President’s re- the story is that Tony Lake is a ref- what is still a very important part of election. And now we are forced to ask, ugee of this administration’s this country’s affairs, and that is our were American intelligence services mispractices, if not illegal acts. He is intelligence-gathering network, the manipulated by this administration as not a refugee of this Congress’ failure eyes and ears of a government who is part of this fundraising machine? to act, because we were doing what is responsible for conducting the foreign All of this, Mr. President, speaks for our constitutional responsibility. policy of a nation that still remains the need for independent counsel, I, too, today voted for an independent critical to the security of our country speaks for the need to move this proc- counsel. Two weeks ago I called for an and our financial and economic well- ess outside of the Congress because independent counsel, as I think most of being. clearly the administration has taken us were growing to believe that any- I thank my colleague from Indiana the position that whatever is said by thing we did here would be either for so clearly pointing these issues out. this Member or any other Member of tainted by the opposition or tainted by I yield back my time. Mr. COATS. Mr. President, I suggest the Republican Party is simply par- the media as somehow a partisan act. tisan politics, that everything that What the Intelligence Committee of the absence of a quorum. The PRESIDING OFFICER. The happens is directed from a partisan the Senate did was not partisan. It was clerk will call the roll. basis. constitutional. It was responsible. The legislative clerk proceeded to What we are trying to get at here, What the President did in his ‘‘mea call the roll. Mr. President, is the truth. What we culpa, mea culpa’’ last night was the Mr. BYRD. Mr. President, I ask unan- are trying to do is examine what stat- first to the altar of the sinners to say imous consent that the order for the utes were violated, trying to examine ‘‘not I’’ when in fact the stories are quorum call be rescinded. what ethics rulings were violated, try- now pouring out that somehow the The PRESIDING OFFICER. Without ing to impose some standards on the process was corrupted and that Tony objection, it is so ordered. way in which we conduct elections in Lake, as an instrument of that process, Mr. BYRD. Mr. President, what is the this country and the way in which the grew corrupt along with it. business before the Senate? White House is viewed and held by oc- Just because the great Soviet empire The PRESIDING OFFICER. We are in cupants of that White House and what and communism as a sweeping rave of morning business until 3 o’clock, with its purpose should be. ‘‘isms’’ around the world seems to be a 5-minute limitation. Mr. President, for that reason, I sup- on the rapid decline, is foreign policy Mr. BYRD. Mr. President, I will need ported the resolution to call for an and the integrity of foreign policy in more than 5 minutes. May I ask the independent counsel. I would hope that our country any less important? I distinguished Senator from Nevada, the Attorney General would pay close would suggest that it is not. does he wish to speak?

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2514 CONGRESSIONAL RECORD — SENATE March 19, 1997 Mr. BRYAN. Mr. President, if I might Now that comes, Mr. President, from leading industry groups such as the respond, the Senator from Nevada one of our more conservative col- American Bankers Association, the Na- needs about 5 to 6 minutes, but if that leagues who serves in the other body. tional Association of Realtors, and the inconveniences the Senator from West I commend Chairman D’AMATO for National Association of Homebuilders. Virginia, I am happy to wait. Whatever his leadership in introducing this im- I urge my colleagues to move forward the Senator wishes. portant legislation that will affect mil- on this important piece of consumer Mr. BYRD. Mr. President, I ask unan- lions of homeowners. Let me indicate legislation and put the industry’s ob- imous consent I may speak for not to how important that is and how many jections below the overriding public in- exceed 20 minutes. people are affected. terest. We must lift this unfair burden The PRESIDING OFFICER. Without In 1996, of the 2.1 million home mort- from American homeowners. objection, it is so ordered. gages that were insured, more than 1 I thank the Chair. I thank my senior Mr. BYRD. Mr. President, I ask unan- million required private mortgage in- colleague from West Virginia for his imous consent I may yield to the Sen- surance. One industry group has esti- courtesy. I yield the floor. ator from Nevada for not to exceed 5 mated that at least 250,000 homeowners The PRESIDING OFFICER. The Sen- minutes, without losing my right to are either overpaying for this insur- ator from West Virginia. the floor. ance or paying when it is totally un- Mr. BRYAN. I appreciate that. That necessary. At an average monthly cost f would accommodate the Senator from of $30 to $100, unnecessary insurance Nevada. premiums are costing homeowners COMMISSION TO ELIMINATE THE The PRESIDING OFFICER. Without thousands of dollars every year. TRADE DEFICIT objection, it is so ordered. Now, clearly, private mortgage insur- Mr. BRYAN. Mr. President, let me ance serves a useful purpose in the ini- Mr. BYRD. Mr. President, I am preface my remarks by acknowledging tial mortgage lending process. It en- pleased to join with the distinguished the courtesy from the senior Senator ables many home buyers who cannot Senator from North Dakota, Senator from West Virginia. I appreciate his afford the standard 20-percent down- DORGAN, in introducing an ambitious courtesy in allowing me to make a payment on a home mortgage to new effort on the matter of our na- floor statement for a period not to ex- achieve a dream of home ownership. tion’s persistent and growing trade def- ceed 5 minutes. While private mortgage insurance pro- icit. This legislation would establish a f tects lenders against default on a loan, Commission to take a broad, thorough there comes a time when that protec- look at all important aspects of, and HOMEOWNERS’ PROTECTION ACT solutions to the growing U.S. trade def- OF 1997 tion afforded to the lender becomes un- necessary, and the point, it seems to icit, with particular attention to the Mr. BRYAN. Mr. President, yester- me, is reached when the homeowner’s manufacturing sector. day in the Senate Banking Committee equity investment in the residence The trade deficit, as my colleagues American consumers were dealt a gives the lender sufficient assurance know, is a relatively recent phe- major setback. The committee was ex- against default. nomenon, with large deficits only oc- pected to vote out legislation that The comfort level generally within curring within the last 15 years. In the would have ended a practice that costs the industry has been 20 percent. So it 1980’s, the U.S. merchandise trade bal- hundreds of thousands of homeowners stands to reason that PMI is not nec- ance ballooned from a deficit of $19 bil- millions of dollars per year. essary for risk management and pru- lion in 1980 to $53 billion in 1983, and The Banking Committee was sched- dent underwriting procedures once the then doubled in a year, to $106 billion uled to vote out S. 318, the Home- homeowner has reached the 20-percent in 1984. Last year it stood at $188 bil- owners’ Protection Act of 1997 which is equity mark. Therefore, borrowers who lion, setting a new high record for the sponsored by Senators D’AMATO, DODD, amass equity equal to 20 percent of third consecutive year. Projections by DOMENICI, and myself. This bill would their homes’ original value should be econometric forecasting firms indicate outlaw the practice of overcharging treated in the same way as borrowers long term trends which will bring this homeowners for private mortgage in- who are able to make a 20-percent figure to over $350 billion by 2007. No surance they no longer need. downpayment or more at the outset of one is predicting a decline in the near Unfortunately, Chairman D’AMATO the loan. future. If we do nothing, within 2 years was forced to cancel the markup be- The Homeowners’ Protection Act of the merchandise trade deficit will cause a number of Members put the in- 1997 would ensure that existing and fu- equal the annual budget for national terest of a small, yet highly profitable, ture homeowners would not continue defense. industry over the public’s interest. To to pay for private insurance when it is To reiterate, in 1996 the United make matters worse, this industry is no longer necessary. Specifically, this States had the largest negative mer- clearly taking advantage of millions of legislation would inform the borrower chandise trade balance in our history, Americans in an unconscionable man- at closing about private mortgage in- some $188 billion, and it is the third ner. surance and outline how the servicer of consecutive year in which the deficit The opponents of Chairman the loan will automatically cancel the has reached a new record high. D’AMATO’s legislation argue that the mortgage insurance, assuming the This legislation is committed to a bill places too heavy a burden on this transaction is not exempt from can- goal of reversing that trend of the next one industry. I do not share their opin- cellation when the loan balance decade. The goal of the commission is ion and believe the interests of mil- reaches 80 percent of the original to ‘‘develop a national economic plan lions of American homeowners should value. to systematically reduce the U.S. trade be put ahead of an industry that is Mr. President, there is no doubt that deficit and to achieve a merchandise clearly taking advantage of these same private mortgage insurance is an im- trade balance by the year 2007. homeowners. portant tool in the American system of While it is not clear what the par- Those protecting the industry need mortgage finance. However, retaining ticular reasons for this growing trade to heed the advice of one of their col- private mortgage insurance beyond its deficit may be, nor what the long term leagues, Congressman JAMES HANSEN. usefulness to the homeowner is a prac- impacts of a persistently growing def- Let me share from Congressman HAN- tice that should be ended. The Home- icit may be, the time is overdue for a SEN’s observations: owners’ Protection Act will prevent detailed examination of the factors As a small businessman for most of my life present and future homeowners from causing the deficit. We need to under- . . . I have learned that if an industry polices paying for private mortgage insurance stand the impacts of it on specific U.S. itself, the government should not interfere. I industrial and manufacturing sectors. firmly believe that the government should that is no longer needed. This proposal stay out of the private marketplace. How- will end the unfair practice and protect Furthermore, we need to identify the ever, when an industry does not follow even the consumer. gaps that exist in our data bases and its own guidelines, I believe it is our respon- This legislation is supported by al- economic measurements to adequately sibility to draw that line. most every consumer group, but also understand the specific nature of the

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2515 impacts of the deficit on such impor- ports. The same effect appears to have base, that the importance of insisting tant things as our manufacturing ca- resulted from our need for the Japa- on fair play in the matter of trade will pacity and the integrity of our indus- nese to participate in our treasury bill become clear. trial base, on productivity, jobs and auctions. This becomes a closed cycle— Finally, the legislation requires the wages in specific sectors. the need to finance the trade deficit Commission to examine alternative Throughout the 1980’s, my own State with foreign capital, resulting in reg- strategies which we can pursue to of West Virginia literally bled manu- ular involvement of the Japanese Gov- achieve the systematic reduction of the facturing jobs. We saw the jobs of hard- ernment in our treasury bill auctions, deficit, particularly how to retard the working, honest West Virginians in the seems to dampen our efforts to push migration of our manufacturing base glass, steel, pottery, shoe manufac- the Japanese on market-opening ar- abroad, and the changes that might be turing and leather goods industries— rangements. Naturally, without recip- needed to our basic trade agreements and other so-called smokestack indus- rocal open markets, the trade imbal- and practices. tries—hemorrhage across our borders ance remains exaggerated between the These are the purposes of the Com- and shipped overseas. While economic United States and Japan, prompting mission that Senator DORGAN and I development efforts in my State have further need for Japanese financial have proposed in this legislation. commendably encouraged our busi- support to fund the national debt. Of I commend the distinguished Senator nesses to refocus to help recover from course, this is a vicious circle. Thus, from North Dakota for his studious ap- those losses, the lack of knowledge some argue that the need for Japanese proach to this question. He is as knowl- about the causes and impact of our involvement in financing our national edgeable, if not more so, than certainly trade deficit leaves West Virginia, and debt hurt the ability of our trade nego- most other Senators, and perhaps any the nation as a whole, at a disadvan- tiators to get stronger provisions in other Senators, as far as I am con- tage in the arena of global competi- the dispute settled last year over the cerned, on this subject. I am pleased to tion. Japanese market for auto parts. join him in offering this proposal for We debate the trade deficit from time Similar considerations appear to pre- the consideration of the Senate. to time. We moan about it. We com- vail in negotiating market access with I hope that many of our colleagues plain about it. But, if we do not under- the Chinese in the area of intellectual will join us, and that we can secure stand the nature, of the long-term property. While our trade negotiator passage of the proposal in the near fu- vulnerabilities that such manufac- managed a laudable, very specific ture. turing imbalances create in our econ- agreement with the Chinese in 1995 in Mr. President, I yield the floor. omy and standard of living, we are this area, the Chinese were derelict in I suggest the absence of a quorum. surely in the dark. It appears to me implementing it, leading to another The PRESIDING OFFICER. The that debate over trade matters too high-wire negotiation last year to clerk will call the roll. often takes on the form of rhetorical avoid sanctions on the Chinese, and to The legislative clerk proceeded to bombast regarding so-called protec- get the Chinese to implement the ac- call the roll. tionists versus so-called free traders. cord as they had promised. Again, it is Mr. HATCH. Mr. President, I ask This is hardly a debate worthy of the unclear whether the Chinese will now unanimous consent that the order for name, given the problems we are fac- follow through in a consistent manner the quorum call be rescinded. ing. It is not an informed debate. We with the implementing mechanisms for The PRESIDING OFFICER (Ms. COL- are talking past each other, and in far the intellectual property agreement LINS). Without objection, it is so or- too general terms. It has been more of belatedly agreed to in the latest nego- dered. an ideological exchange than a real de- tiation. The highly trumpeted mantra f bate, primarily because we have not about how the U.S.-China relationship EXECUTIVE SESSION had sufficient analytical work done on will be one of, if not the most impor- the data bearing on this problem. Nei- tant, U.S. bilateral relationship for the ther side knows enough about what is next half century, has a chilling effect NOMINATION OF MERRICK B. GAR- really transpiring in our economy, on insisting on fair, reciprocal treat- LAND, OF MARYLAND, TO BE given the very recent nature of these ment, and good faith implementation U.S. CIRCUIT JUDGE FOR THE persistent deficits. of agreements signed with the Chinese DISTRICT OF COLUMBIA Certainly we know that the deficit government. The PRESIDING OFFICER. The Sen- reflects on the ability of American The Chinese government has again ate will proceed to executive session. business to compete abroad. We want recently reiterated its desire to become The clerk will report the nomination. to be competitive. Certainly we know a member of the World Trade Organiza- The assistant legislative clerk read that specific deficits with specific trad- tion and certainly her interest in join- the nomination of Merrick B. Garland, ing partners cause frictions between ing that organization is a commend- of Maryland, to be U.S. circuit judge the United States and our friends and able indication of her willingness to for the District of Columbia Circuit. allies. This is particularly the case submit to the rules of that organiza- The PRESIDING OFFICER. The Sen- with the Japanese, and is quickly be- tion regarding her trading practices. ator from Utah is recognized. coming the case with China. It is clear There is legitimate concern however, Mr. HATCH. Madam President, be- that the trade deficit has contributed that insufficient progress has been fore we get to the specific discussion of to the depreciation of the dollar and made by the Chinese on removing a the merits of Merrick B. Garland, let the ability of Americans to afford for- wide variety of non tariff discrimina- me make an important point. There eign products. Less clear, but of vital tory barriers to U.S. goods and serv- have been some suggestions made that importance, is the relationship of the ices, as she committed to do in the 1992 this Republican Congress is not moving trade deficit to other important policy bilateral Market Access Memorandum as rapidly or as well as it should on questions on the table between the of Understanding [MOU]. Indeed, in the judges, or at least last year did not United States and our foreign trading 1996 report by the United States Trade move as well or as rapidly as it should partners. Representative entitled foreign trade have on judges. Attempts by the United States to re- barriers, the amount of material de- With regard to judicial vacancies, the duce tariff and nontariff barriers in the voted to the range of such barriers on important point I would like to make Japan and China markets, which clear- the part of China is exceeded only by before getting into factual distortions ly restrict access of U.S. goods to those the material on Japan, indicating that that are being made about the judici- markets, have been crippled by the we have a continued persistent problem ary confirmation process is this. Fed- intervention of other, more important that needs serious attention along eral judges should not be confirmed policy goals. During the cold war, the these lines. simply as part of a numbers game to United States-Japan security relation- It will only be when we truly under- reduce the vacancy rate to a particular ship had a severe dampening effect on stand the specific impacts of these level. our efforts to reduce these myriad bar- large deficits on our economy, particu- While I plan to oversee a fair and riers in Japan to United States ex- larly our industrial and manufacturing principled confirmation process, as I

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2516 CONGRESSIONAL RECORD — SENATE March 19, 1997 always have, I want to emphasize that until mid-March or April and can- It is true, 28 nominees did not get the primary criteria in this process is didates were not reported to the floor confirmed last Congress. There is no not how many vacancies need to be until after these hearings. use kidding about it. We had 28 who did filled but whether President Clinton’s In the 100th Congress, the first hear- not make it through. But this was at a nominees are qualified to serve on the ing was not held until March 4, 1987. In point where there were only 65 vacan- bench and will not, upon receiving the 101st Congress, the first judges cies in the court, or, in other words, a their judicial commission, spend a life- hearing was not held until April 5, 1989. full Federal judiciary. There is some time career rendering politically moti- And in the 102d Congress, when there extra consideration here. Compare this vated, activist decisions. The Senate was a vacancy rate of 15 percent in the to the end of the 102d Congress when, has an obligation to the American peo- courts, the first hearing was not held notwithstanding 97 vacancies in the ple to thoroughly review the records of until March 13, 1991. Federal system, the Democratic Senate the nominees it receives to ensure that So I think some of the arguments left 55 Bush nominees unconfirmed. they are qualified and capable to serve made against what we have been doing Let us talk about the present vacan- as Federal judges. Frankly, the need to are just fallacious and I think done for cies. Due to an unprecedented number do that is imperative, and the record of partisan reasons. We ought to get rid of of retirements since Congress ad- activism demonstrated by so many of the partisanship when it comes to journed, there are currently 95 vacan- President Clinton’s nominees calls for judges and go ahead and do what is cies in our Federal system or a vacancy all the more vigilance in reviewing his right. I have tried to do that. rate of 11.25 percent as of March 1 of Now let us talk about the number of this year. That is the most recent re- nominees. So I have no problem with those who judges confirmed last year. Democrats port from the Administrative Office of want to review these nominees with have been critical of the fact that only the Courts. Notice that when the 105th great specificity. The recent allega- 17 judges were confirmed last year. The Congress convened on January 7, 1997, fact is that President Clinton had al- tions by my colleagues on the other there were 85 vacancies, or a 10.7 per- ready had so many judges confirmed side of the aisle and in the media that cent vacancy rate. But a little perspec- that he only nominated 21 judges last tive reveals that this is by no means a there is a Republican stall of judges is year. During President Clinton’s first high level for the beginning of the Con- nothing short of disingenuous. The fact is that last Congress under term, he had 202 judges confirmed— gress. In fact, it is lower than the va- Republican leadership the Federal more than President Bush, 194; Presi- cancy rates at the beginning of the courts had 65 vacancies—as you see, dent Reagan, 164 in his first term; Democratically controlled 102d and President Ford, 65 in his term. I might the Federal courts had 65 vacancies— 103d Congresses, where the vacancy say that as a result there were very few which is virtually identical to the rates were 126 vacancies in the 102d, at vacancies to fill at the end of the 104th a 14.89 percent vacancy rate, with 109 number of vacancies—63—there were at Congress, and the courts were virtually vacancies in the 103d, for a 12.88 va- the end of the previous Congress when at full capacity. cancy rate. the Democrat-controlled Congress was In fact, at the close of the last Con- So, there is little or no reason to be processing Clinton judges. gress, there were only 65 vacancies in this critical or this irritated with what Historically speaking, this is a very the entire system, which is a vacancy has gone on. I pledge to the Senate to low vacancy rate. In contrast, at the rate of 7.7 percent. In fact, the number do the very best that I can to try to end of the 102d Congress, when Senator of vacancies under my chairmanship at confirm President Clinton’s judges, if BIDEN chaired the Judiciary Com- the close of the 104th Congress, 65 va- they are not superlegislators, if they mittee and President Bush was at the cancies—when a Republican Senate are people who will uphold the law and White House, there were 97 vacancies— was processing Clinton’s nominees— interpret the law and the laws made by as you can see, back in the 102d Con- was virtually identical to the number those who are elected to make them. gress, 97 vacancies—in the Federal sys- of vacancies at the end of the 103d Con- Judges have no reason on Earth to be tem for an 11.46 percent vacancy rate, gress, 63, when a Democrat-controlled making laws from the bench or to act nearly twice the vacancy rate than at Senate was processing President Clin- as superlegislators from the bench and the adjournment of the 104th or last ton’s nominees. At that point the De- to overrule the will of the majority of Congress. That rate was, of course, 7.7 partment of Justice proclaimed that the people in this country when the percent at that time. they had nearly reached full employ- laws are very explicitly written—or at The vacancies have risen since the ment in the 837-member Federal judici- any other time, I might add. end of Congress so that there are now ary. That is in an October 12, 1994, De- Having said all that, we are bringing 95 vacancies, or a vacancy rate of just partment of Justice press release. our first two nominees this year to the over 11 percent. But a little perspective When the Democrats left open 7.44 floor, one of whom is in contention. I reveals that this is by no means a high percent of Federal judgeships after think unjustifiably so. level for the beginning of a Congress. President Clinton’s first 2 years, we Madam President, I rise to speak on In fact, it is far lower than the vacancy had approached ‘‘full employment’’ of behalf of the nomination of Merrick B. rates at the beginning of Democrat- the Federal judiciary. But, when Re- Garland for a seat on the U.S. Court of controlled Congresses, like the 102d publicans are in control, a virtually Appeals for the District of Columbia when the vacancy rate at the beginning identical vacancy level becomes an Circuit. On March 6, 1997, the Judiciary of that Congress was 14.89 percent, and ‘‘unprecedented situation,’’ the ‘‘worst Committee, including a majority of Re- the 103d Congress at 12.88 percent. In kind of politicizing of the Federal judi- publican members, by a vote of 14 to 4, the 104th, it was down to 8.27 and now ciary.’’ Those are comments that were favorably reported to the full Senate it is 10.07. made by my friend, Senator LEAHY. Mr. Clinton’s nomination of Merrick B. Moreover, we just reported two And ‘‘partisan tactics by Senate Re- Garland. Based solely on his qualifica- judges out of the committee this past publicans,’’ according to the New York tions, I support the nomination of Mr. Thursday—Merrick Garland for the DC Times. This is nothing short of dis- Garland and I encourage my colleagues circuit and Colleen Kollar-Kotelly for ingenuous. to do the same. the DC district court. We had a hearing In contrast, at the end of the 102d To my knowledge, no one, absolutely on four judicial nominees just yester- Congress when Senator BIDEN chaired no one disputes the following: Merrick day. I hope that will put to rest any of the Judiciary Committee and President B. Garland is highly qualified to sit on the partisan allegations that have been Bush was in the White House, there the D.C. circuit. His intelligence and seen deployed about delaying tactics to were 97 vacancies in the Federal sys- his scholarship cannot be questioned. hold up nominees. tem for an 11.46 percent vacancy rate— He is a magna cum laude graduate of In fact, this is the most prompt re- nearly twice the vacancy rate than at the Harvard Law School. Mr. Garland porting of judges to the floor in recent adjournment of the 104th Congress, was articles editor of the law review, Congresses. When the Senate was under which was 65 vacancies at a 7.7 percent one of the most important positions for the control of the other party, the first vacancy rate. any law student at any university, but hearing on judicial nominees in the What about the judges who were left in particular at Harvard; a very dif- new Congress was typically not held unconfirmed at the end of last August? ficult position to earn. And he has

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2517 written articles in the Harvard Law loads of the Federal judiciary and am have been complex administrative ap- Review and the Yale Law Journal, two fully prepared to work with Senator peals and only 7 percent easily disposed of the most prestigious journals in the GRASSLEY as chairman of that Sub- of prisoner petitions. country, on issues such as administra- committee on the Courts, on legisla- Moreover, most of the administrative tive law and antitrust policy. tion to authorize or deauthorize seats appeals heard in the D.C. circuit in- His legal experience is equally im- wherever such adjustments on the allo- volved the Federal Energy Regulatory pressive. Mr. Garland has been a Su- cation of Federal judges are warranted, Commission, the Federal Communica- preme Court law clerk, a Federal based upon court caseloads. tions Commission and the Environ- criminal prosecutor, a partner in one of With respect to the D.C. circuit, how- mental Protection Agency and are the most prestigious Washington firms, ever, the retirement of Judge James much more complex and time con- Arnold & Porter, Deputy Assistant At- Buckley, in August 1996, last year, now suming than even the immigration and torney General in the Justice Depart- leaves only 10 active judges on the 12- labor appeals, which comprise most of ment’s Criminal Division, and, since seat court. Accordingly, the Garland the administrative agency cases filed April of 1994, Principal Associate Dep- confirmation does not present the Sen- in other circuits. uty Attorney General to Jamie ate with a question whether the 12th In short, simply comparing the num- Gorelick, at the Justice Department, seat on the D.C. Circuit should be ber of cases filed in the D.C. circuit to where he has directed the Depart- filled, and I have made it clear to the the number filed in other circuits, and ment’s investigation and prosecution administration that I do not intend to even comparing the number of agency of the Oklahoma City bombing case. fill that seat unless and until they can appeals, is not a reliable indicator of And he has done a superb job there. show, and I believe it will take quite a the courts’ comparative workloads. Mr. Garland’s experience, legal bit of time before they could show it, As Senators, we have a responsibility skills, and handling of the Oklahoma that there is a need for the filling of to the public to ensure that candidates City bombing case have earned him the that seat. In fact, I would be, right for the Federal bench are scrutinized support of officials who served in the now, for doing away with that seat. If for political activists. A judge who does Justice Department during the Reagan at some future time we need that not appreciate the inherent limits on and Bush administrations, including extra, 12th seat, fine, we will pass a bill judicial authority under the Constitu- former Deputy Attorney General to grant it again. But right now it is tion and would seek to legislate from George Terwilliger, former Deputy At- not needed. the bench rather than interpret the law torney General Donald Ayer, former I would just say, rather, with the two is a judicial activist, and nominees who head of the Office of Legal Counsel, current vacancies, Garland will be fill- will be judicial activists are simply not Charles Cooper, and former U.S. attor- ing only the 11th seat. So the 12th seat qualified to sit on any Federal bench, neys Jay Stephens and Dan Webb—all is not in play anymore, which was the let alone the Federal circuit court of Republicans, I might add, who are critical seat. appeals or any Federal circuit court of strong supporters of Mr. Garland, as I The confirmation of Merrick B. Gar- appeals. believe they should be, as I believe we land to fill the court’s now vacant 11th As chairman of the Judiciary Com- all should be. seat is supported by D.C. Circuit Judge mittee, I will continue to carefully Oklahoma Governor Frank Keating, Laurence Silberman, a Reagan ap- scrutinize the records involved in cases who himself was denied one of those pointee who himself testified against of judicial nominees and to exercise judgeships by our friends on the other creating and/or preserving unneeded ju- the Senate’s advise-and-consent power side—even though I think most all of dicial seats on his circuit, meaning the to ensure we keep activists off the them admitted he would have made a 12th seat, and who has stated that, ‘‘it bench. In addition, I will continue to tremendous judge, but has since done would be a mistake, a serious mistake, speak out both in the Senate and in well for himself in becoming the Gov- for Congress to reduce’’—that is, the other forums to increase public aware- ernor of Oklahoma and has distin- Circuit Court of Appeals for the Dis- ness of harm to our society posed by guished himself. I might add his nomi- trict of Columbia—‘‘down below 11 such activists. Although we can never nation, back in 1992, for the 10th Cir- judges.’’ guarantee what the future actions of cuit Court of Appeals in the 102d Con- I am aware that there may be some any judicial nominee will be or any gress, was never voted on by the Judi- who take the position that the D.C. cir- judge, for that matter, and it may be ciary Committee. He languished in the cuit’s workload statistics do not even difficult to discern whether a par- committee for quite a length of time. warrant 11 judges. With all due respect, ticular candidate will be an activist, I But Governor Keating has endorsed Mr. I think these arguments completely do not believe there is anything in Mr. Garland’s nomination, praising in par- miss the mark, and caution my col- Garland’s record to indicate that, if ticular his leadership in the Oklahoma leagues to appreciate that certain sta- confirmed, he could amount to an ac- City bombing case. As he should be tistics can, if not properly understood, tivist judge or might ultimately be an praised. be misleading. activist judge. Mr. Garland was originally nomi- The position that the D.C. circuit Accordingly, I believe Mr. Garland is nated in September 1995. His nomina- should have fewer than 11 judges is a fine nominee. I know him personally, tion was favorably reported by the Ju- belied not just by the statements of I know of his integrity, I know of his diciary Committee but not acted on by Judge Silberman, who himself wanted legal ability, I know of his honesty, I the Senate during the 104th Congress, to get rid of the 12th seat, but also by know of his acumen, and he belongs on much to my chagrin, because I think the fact that comparing workloads in the court. I believe he is not only a fine he should have passed in that last Con- the D.C. circuit to that of other cir- nominee, but is as good as Republicans gress. But to my colleagues’ credit, and cuits is, to a large extent, a pointless can expect from this administration. In certainly to the leader’s credit, the exercise. fact, I would place him at the top of new majority leader, he has cooperated There is little dispute that the D.C. the list. There are some other very with the Judiciary Committee in bring- circuit’s docket is, by far, the most good people, so I don’t mean to put ing this nomination to the floor. complex and time consuming in the them down, but this man deserves to be At the time of Mr. Garland’s original Nation. Justice Department statistics at the top of the list. Opposition to this nomination to fill the seat vacated by show that whereas in a typical circuit, nomination will only serve to under- Judge Abner Mikva, who went on to be- 5.9 percent of all cases filed are admin- mine the credibility of our legitimate come White House Counsel, concerns istrative appeals, which are generally goal of keeping proven activists off the were raised by several, including sev- far more time consuming than other bench. eral distinguished judges here in Wash- appeals, and 26.7 percent are prisoner I fully support his nomination, and I ington, as to whether the D.C. circuit petitions which tend to be disposed of urge my colleagues to strongly con- needed its full complement of 12 judges far more quickly than other appeals. sider voting in favor of confirmation. due to a declining workload on the While that is true in other circuit I hope that we will also confirm the Court. I support Senator GRASSLEY’s courts, 45.3 percent of the cases filed in nominee Colleen Kollar-Kotelly, al- efforts to study the systemwide case- the D.C. circuit over the past 3 years though we will only be voting on

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2518 CONGRESSIONAL RECORD — SENATE March 19, 1997 Merrick Garland today, that is my un- court of appeals, has that person been I compliment the distinguished ma- derstanding. I hope we will put both held up? What fatal flaw in his char- jority leader and my good friend from these judges through. I do not know of acter has been uncovered? None, there Utah, the chairman of the Senate Judi- any opposition to the nominee Colleen is no fatal flaw. There was not a person ciary Committee, in scheduling this Kollar-Kotelly, and I know very lim- who spoke against, credibly spoke one nominee to the Federal Court of ited opposition at this point to Mr. against, his qualifications to be a Appeals, but there are still 24 current Garland. Like I say, I do not think judge, but he was one of the unlucky vacancies on the Federal courts of ap- there is a legitimate argument against victims of the Republican shutdown of peals. That number is rising. Mr. Garland’s nomination, and I hope the confirmation process last year. I We are way behind the pace of con- that our colleagues will vote to con- liken it to pulling the wings off a fly. firming the judges we have seen in our firm him today. This is what happened. past Congresses. In fact, let us take a I reserve the remainder of my time. The Judiciary Committee reported look at—I just happen to have a chart Mr. LEAHY addressed the Chair. his nomination to the Senate in 1995— on that, Madam President. I know Sen- The PRESIDING OFFICER. The Sen- in 1995. But here we are in 1997, and we ators were anxiously hoping I might. ator from Vermont is recognized. finally get to vote on it. Number of judges confirmed in past Mr. LEAHY. Madam President, I am Madam President, we have 100 vacan- Congresses: 102d Congress, 124; 103d delighted the Senate is finally consid- cies on the Federal bench. At this rate, Congress, 129; 104th Congress, 75. So far ering the nomination of Merrick Gar- by the end of this Congress, with nor- in the 105th Congress, none. I assume land to the U.S. Court of Appeals, the mal attrition, we will probably have that is going to change later this after- District of Columbia Circuit. I com- 130 or 140. We had an abysmal record noon when we finally do confirm one pliment my good friend, the senior last session dealing with Federal judi- judge. But look at this: 102d Congress, Senator from Utah, for his kind re- cial vacancies. 124; 103d Congress, 129 confirmed; 104th marks about Mr. Garland. We ought to show what we have here. Congress, 75 confirmed. The 105th Con- Like the distinguished chairman of Here, Madam President, are the num- gress, zippo. the Senate Judiciary Committee, I too ber of judges confirmed during the sec- I think we ought to take a look at believe that Merrick Garland is highly ond Senate session in Presidential elec- this next chart. We have 94 judicial va- qualified for this appointment and tion years: cancies. Just put the old magnifying would make an outstanding Federal In 1980, 9 appeals court judges, 55 dis- glass—I used to be in law enforcement, judge. trict court judges. Madam President. We actually used In 1984, 10 appeals court judges, 33 My concern that I have expressed be- these things. Of course, we were kind of district court judges. fore is that this is the first and only ju- In 1988, 7 Court of Appeals judges, 35 a small jurisdiction and I am just a dicial nomination scheduled for consid- district court judges. small-town lawyer from Vermont. We eration in these first 3 months of the In 1992—incidentally, 1992, Democrats do the best we can. But the magnifying 105th Congress. The Senate is about to were in charge with a Republican glass shows zero. I am pleased by the go on vacation for a couple of weeks. It President—11 appeals court judges, 55 end of this afternoon I can put a ‘‘1’’ in will be the only judgeship considered, district court judges. there, and let us hope that maybe we as I understand it. In the past, the Sen- So what happens when you switch it will get some more. Let us hope maybe ate has not had to wait the Ides of over, put in a Republican Senate and we will get some more. March for the first judicial confirma- Democratic President? Do you see the We can joke about it, but it is not a tion. The Federal judiciary has almost same sense of bipartisanship? Not on joking matter. We have people with 100 vacancies now and, with the Ides of your life. their lives on hold. When the President March, we are getting only one va- It is 11 appeals court judges, 55 dis- asks some man or woman to take a cancy filled. trict court judges with a Republican Federal courtship, their entire practice I, too, am sorry we have not pro- President and a Democratic Congress. is put on hold—it is kind of a good ceeded to confirm and schedule the Switch it to a Democratic President news/bad news situation. The President nomination of Judge Colleen Kollar- and a Republican Congress—zero, nada, calls up and says, ‘‘I’ve got good news Kotelly to the district court bench. zip, goose egg for the court of appeals for you. I’m going to nominate you for Here is one nominee we could go with, judges and only 17 for the district court the Federal bench. Now I have bad and we ought to be able to do that judges. Not too good. news for you. I’m going to nominate today, too. We have some other charts here. you for the Federal bench.’’ He or she The Senate first received Merrick Chief Justice Rehnquist spoke on this. finds their law practice basically stops Garland’s nomination from the Presi- A Chief Justice speaks only in a re- on the date of that nomination. They dent on September 5, 1995. We are now strained fashion, when he does. But cannot bring on new clients. Their way into March of 1997. So we have this look what he said. Look at what Chief partners give him or her a big party nomination that has been here since Justice William Rehnquist said about and say, ‘‘Please move out of your of- 1995. All but the most cynical say this the pace we have seen in this Senate: fice,’’ because they know it is going to man is highly qualified, a decent per- The number of judicial vacancies can have take a year or 2 or 3 to get through the son, a brilliant lawyer, a public servant a profound impact on a court’s ability to confirmation process. who will make an outstanding judge, manage its caseload effectively. Because the This is partisanship of an unprece- but his nomination sat here from 1995 number of judges confirmed in 1996 was low dented nature. I have spoken twice on until today. in comparison to the number confirmed in this floor today on what happens when This is a man who has broad bipar- preceding years, the vacancy rate is begin- we forget the normal traditions of the ning to climb . . . It is hoped that the ad- tisan support. Governor Keating of ministration and Congress will continue to Senate. Traditionally—certainly not in Oklahoma; Governor Branstad of Iowa; recognize that filling judicial vacancies is my lifetime—no Democratic majority William Coleman, Jr., a former mem- crucial to the fair and effective administra- leader or Republican majority leader of ber of a Republican President’s Cabi- tion of justice. the Senate would bring up a resolution net, former Reagan and Bush adminis- The administration is sending up for a vote directly attacking the Presi- tration officials, Robert Mueller, Jay judges, but it is like tossing them down dent of the United States—directly or Stephens, Dan Webb, Charles Cooper— into a black hole in space. Nothing indirectly attacking the President of all have supported Merrick Garland. So comes back out. the United States—on a day when the this is not a case of somebody out of In fact, 25 percent of the current va- President is heading off to a summit the pale. In fact, the Legal Times titled cancies have persisted for more than 18 with other world leaders, especially him, ‘‘Garland: A Centrist Choice.’’ I months. They are considered a judicial with the leader of the other nuclear su- will put those recommendation letters emergency jurisdiction. perpower, Russia. Yet, that tradition, in the RECORD later on. There are 69 current vacancies in our which, as I said, has existed my whole So why, when you have somebody Nation’s district courts. Almost one in lifetime, was broken today. who, in my 22 years here, is one of the six district court judgeships is or soon The other thing is that no matter most outstanding nominees for the will become vacant. which party controls the Senate, no

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2519 matter what party controls the Presi- Representative from Plymouth County that Clinton for appointment to the United dency, we have always worked together we served with in the Iowa Legislature. States Court of Appeals for the DC Circuit. so that the President, having been Recently, he has been overseeing the fed- Merrick is an outstanding lawyer with a very distinguished career both in private elected, can, subject to normal—nor- eral investigation and prosecution efforts in the Oklahoma City bombing, having been practice at Arnold & Porter and in govern- mal—advise and consent, can appoint sent there the second day after the blast oc- ment service, first as a special assistant to the judges he wants. And that tradition curred. He was serving in the position as me when I was Attorney General and then has been broken. principal Associate Deputy Attorney Gen- later as an Assistant United States Attorney If we are going to go against these eral. for the District and, most recently, as Chief basic tenets of bipartisanship, then the I am enclosing a number of news clippings Associate Deputy Attorney General to Jamie Senate will not be the conscience of about Merrick Garland. I would especially Gorelick. Additionally, his academic back- encourage you to review the Legal Times ground was outstanding, culminating in his the Nation that it should be. The Sen- clerkship to Supreme Court Justice Brennan. ate will suffer. And if the Senate suf- and article entitled: Garland, A Centrist Choice. In every way, he is a superb candidate for fers, the country suffers. As always, I appreciate all of your efforts. that bench, and I just wanted you to know of I withhold the balance of my time. Hope all is going well for you. my personal admiration for him. PRIVILEGE OF THE FLOOR Sincerely, Kindest regards. Madam President, if I might just for TERRY E. BRANSTAD, Sincerely, a moment, I ask unanimous consent Governor of Iowa. BENJAMIN R. CIVILETTI. that Tom Perez of Senator KENNEDY’s MCGUIRE WOODS, BATTLE & BOOTHE, III, staff be granted floor privileges. O’MELVENY & MYERS, Washington, DC, October 11, 1995. Washington, DC, October 16, 1995. The PRESIDING OFFICER. Without Re Nomination of Merrick B. Garland to the Hon. ORRIN G. HATCH, objection, it is so ordered. Chairman, Senate Committee on the Judiciary, U.S. Court of Appeals for the District of Mr. LEAHY. Madam President, I ask U.S. Senate, Russell Senate Office Building, Columbia Circuit. unanimous consent that a number of Washington, DC. Hon. ORIN G. HATCH, letters I referred to be printed in the DEAR ORRIN: As you know, President Clin- Chairman, United States Senate Committee on RECORD. ton has nominated Merrick B. Garland, Es- the Judiciary, Dirksen Senate Office Build- There being no objection, the mate- quire, to fill the judicial vacancy on the ing, Washington, DC. rial was ordered to be printed in the United States Court of Appeals for the Dis- DEAR SENATOR HATCH: I have been asked to express my views to you on Merrick Gar- RECORD, as follows: trict of Columbia Circuit caused by the re- tirement of Chief Judge Mikva. land’s nomination to sit on the Federal STATE OF OKLAHOMA, I write this letter to indicate my full sup- Court of appeals in the District of Columbia. OFFICE OF THE GOVERNOR, port and admiration of Mr. Garland and urge First, I believe Mr. Garland is an accom- Oklahoma City, OK, February 19, 1996. that you soon have a hearing of the Senate plished and learned lawyer and is most cer- Senator BOB DOLE, Committee on the Judiciary and thereafter tainly qualified for a seat on this important U.S. Senate, Washington, DC. support him to fill the vacancy. bench. Second, my experience with Mr. Gar- SENATOR DOLE: I endorse Merrick Garland Mr. Garland has a first-rate legal mind, land leads me to the conclusion that he for confirmation to the United States Court took magna cum laude and summa cum would decide cases on the law based on an of Appeals for the D.C. Circuit. Merrick will laude advantages of education at Harvard objective and fair analysis of the positions of be a solid addition to this esteemed court. College and Harvard Law School. In private the parties in any dispute. Third, I perceive A Harvard Law School graduate in 1977, a practice, he became and has the reputation Mr. Garland as a man who believes and fol- former Assistant United States Attorney and of being an outstanding courtroom lawyer. lows certain principles, but not one whose a former partner in Washington’s Arnold and In addition, on several occasions, he satisfied philosophical beliefs would overpower his ob- Porter Law Firm, Merrick will bring an his urge to be a public servant by two law jective analysis of legal issues. array of skills and experience to this judge- I know of no reason to suggest that the clerkships, one for Mr. Justice William J. ship. Merrick is further developing his tal- President’s choice for his vacancy on the Brennan and the other for the late Judge ents and enhancing his reputation as the Court of Appeals should not be confirmed. As Henry J. Friendly. He has also served in the Principle Associate Deputy Attorney Gen- you, of course, have demonstrated during Justice Department on several occasions. I eral. your tenure as Chairman, the President’s Last April, in Oklahoma City, Merrick was have known Merrick Garland as a lawyer and nominees are his choices and are entitled to at the helm of the Justice Department’s in- as a friend and greatly admire his personal be confirmed where it is clear that th4e vestigation following the bombing of the integrity, learning in the law and his desire nominee would be a capable and fair jurist. I Oklahoma City Federal Building, the blood- to be a great public servant. His legal, social believe Mr. Garland meets that criteria and iest and most tragic act of terrorism on and political views are those most Ameri- support favorable consideration of his nomi- American soil. During the investigation, cans admire and are well within the fine nation. Merrick distinguished himself in a situation hopes and principles of this country, which Sincerely yours, you have often expressed in conversations where he had to lead a highly complicated GEORGE J. TERWILLIGER, III. investigation and make quick decisions dur- with me as to the type of person you would like to see on the federal judiciary, particu- ing critical times. JONES, DAY, REAVIS & POGUE, Merrick Garland is an intelligent, experi- larly on the appellate courts. Washington, DC, October 10, 1995. enced and evenhanded individual. I hope you I first got to know Mr. Garland when he Re Merrick B. Garland. give him full consideration for confirmation was Special Assistant to Deputy and then Attorney General Civiletti, as my daughter, Senator ORRIN G. HATCH, to the United States Court of Appeals for the U.S. Senate, Senate Russell Office Building, D.C. Circuit. Lovida, Jr., was the other Special Assistant. I still see him and his wife from time to time Washington, DC. Sincerely, DEAR SENATOR HATCH: I first met Merrick and they are the type of Americans whom I FRANK KEATING, Garland in the mid–1970’s, when we over- greatly admire. Governor. lapped as students at the Harvard Law As is stated at the outset of this letter, I School. While I have not known him well, I hope you will see to it that Mr. Garland soon OFFICE OF THE GOVERNOR, have been well aware that his academic has his hearing and that you, at and after Des Moines, IA, October 10, 1995. background is impeccable, and that he is re- the hearing, will actively support him for Senator CHARLES E. GRASSLEY, puted to be a very bright, highly effective confirmation. If you have any questions, Hart Senate Office Building, Washington, DC. and understated lawyer. please give me a call and I will walk over to DEAR CHUCK: I am writing to ask your sup- During January of 1994, while he was serv- port and assistance in the confirmation proc- see you. ing in the Department of Justice, I had occa- ess for a second cousin, Merrick Garland, Take care. sion to deal with him directly on a matter of who has been nominated to be a judge on the Sincerely, some public moment and sensitivity. I was U.S. Court of Appeals for the District of Co- WILLIAM T. COLEMAN, Jr. struck by the thoroughness of his prepara- lumbia. tion, the depth of his understanding of the Merrick Garland has had a distinguished VENABLE, BAETJER AND HOWARD, LLP, matters in issue, both factural and legal, and legal career. He was a partner for many Baltimore, MD, September 7, 1995. his ability to express himself simply and years in the Washington law firm of Arnold Re Merrick B. Garland. convincingly. I was still more impressed and Porter. During the Bush Administration, Hon. BARBARA A. MIKULSKI, with his comments, from obvious personal Merrick was asked by Jay Stephens, the U.S. U.S. Senate, Hart Senate Office Bldg., Wash- conviction, on the essential role of honesty, Attorney for the District of Columbia, to ington, DC. integrity, and forthrightness in government. take on a three year stint as an Assistant DEAR SENATOR MIKULSKI: I just wanted to Our discussions at that time were followed U.S. Attorney. As I’m sure you know, Jay call your attention to the fact that Merrick by further conversations on several later oc- Stephens is the son of Lyle Stephens, the B. Garland has been nominated by President casions. I have also had an opportunity to

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observe from a distance his performance in If I can be of any further assistance, please WINSTON & STRAWN, the Department and to discuss that perform- do not hesitate to call me. Chicago, IL, October 10, 1995. ance with people closer to the scene. I am Sincerely, Hon. ORRIN G. HATCH, left with a distinct impression of him as a ROBERT S. MUELLER, III. Chairman of the Judiciary Committee, Russell person of great skill, diligence, and sound Senate Office Building, Washington, DC. judgment, who is driven more by a sense of PILLSBURY MADISON & SUTRO, DEAR SENATOR HATCH: It is my under- public service than of personal aggrandize- Washington, DC, November 28, 1995. standing that Merrick Garland’s name has ment. Hon. ORRIN G. HATCH, been submitted to the Senate Judiciary My own service in the Justice Department Chairman, Senate Judiciary Committee, Dirksen Committee to fill a vacancy on the D.C. Cir- during the last two Republican Administra- Senate Office Building, Washington, DC. cuit Court of Appeals. Merrick is a very tal- tions convinced me that government suffers Hon. CHARLES E. GRASSLEY, ented lawyer, who has had an outstanding greatly from a shortage of people combining Chairman, Senate Judiciary Subcommittee on career in both the private and public sectors. In particular, he has exhibited exceptional such exceptional abilities with a primary Administrative Oversight and the Courts, legal abilities during his recent term of of- drive to serve interests beyond their own. Hart Senate Office Building, Washington, fice in the U.S. Department of Justice. Merrick Garland’s nomination affords the DC. Throughout the United States, Merrick has Senate chance to place one such person in a DEAR SENATOR HATCH AND GRASSLEY: I am position where such impulses can be har- writing with respect to the nomination of been recognized as a person within the Clin- nessed to the maximum public good. I hope Merrick Garland to serve as a judge on the ton Department of Justice who is fair, that the Senate will seize that opportunity. United States Court of Appeals for the Dis- thoughtful and reasonable. He clearly pos- Very Truly Yours, trict of Columbia Circuit. I understand you sesses the ability to address legal issues and DONALD B. AYER. have significant reservations about filling resolve them in a fair and equitable manner. Accordingly, in my opinion, Merrick will the existing vacancy on the District of Co- be an outstanding addition to the D.C. Cir- lumbia Circuit at this time. In the event you SHAW, PITTMAN, POTTS & TROWBRIDGE, cuit Court of Appeals, and I strongly rec- consider filling the vacancy at this time, I Washington DC, November 9, 1995. ommend his confirmation by your com- commend Merrick Garland for your consider- Hon. ORRIN HATCH, mittee. If you have any further questions, ation. Chairman, Senate Judiciary Committee, U.S. please do not hesitate to contact me. I have known Mr. Garland for nearly ten Senate, Washington, DC. Very truly yours, years. We met initially during my service as DEAR SENATOR HATCH: I write to express DAN K. WEBB. my support for President Clinton’s nomina- Deputy Counsel to the President while Mr. Garland was assisting in an Independent tion of Merrick Garland to the position of AMERICAN BAR ASSOCIATION, STAND- Counsel investigation. During the course of circuit Judge of the United States Court of ING COMMITTEE ON FEDERAL JUDI- that contact, I was impressed with Mr. Gar- Appeals for the District of Columbia. I’ve CIARY, land’s professionalism and judgment. After I known Merrick since 1978, when we served as Washington, DC, September 21, 1995. was appointed United State Attorney for the law clerks to Supreme Court Justices—he for Re Merrick Brian Garland, United States District of Columbia, Mr. Garland expressed Justice Brennan and I for Justice (now Chief Court of Appeals for the District of Co- to me an interest in gaining additional pros- Justice) Rehnquist. Like our respective lumbia Circuit. bosses, Merrick and I disagreed on many ecutorial experience, and applied for a posi- Hon. ORRIN G. HATCH, legal issues. Still, I believe that Merrick pos- tion as an Assistant United States Attorney. Chairman, Committee on the Judiciary, sesses the qualities of a fine judge. I hired Mr. Garland for my staff, and ini- tially assigned him to a narcotics unit where Dirksen Senate Office Building, Washington, You are no doubt well aware of the details DC. of Merrick’s background as a practicing law- he had an opportunity to assist in inves- tigating a number of significant cases and to DEAR SENATOR HATCH: Thank you for af- yer, a federal prosecutor, a law teacher, and fording this Committee an opportunity to now a high-ranking official of the Depart- gain valuable trial experience. Mr. Garland quickly established himself as a dedicated express an opinion pertaining to the nomina- ment of Justice. This varied background has tion of Merrick Brian Garland for appoint- given Merrick a breadth and depth of legal prosecutor who was willing to handle the tough cases. He conducted thorough inves- ment as Judge of the United States Court of experience that few lawyers his age can Appeals for the District of Columbia Circuit. rival, and he has distinguished himself in all tigations, and became a skilled trial attor- ney. Our Committee is of the unanimous opin- of his professional pursuits. He is a man of ion that Mr. Garland is Well Qualified for great learning, not just in the law, but also Subsequently, after gaining significant trial experience, Mr. Garland was assigned to this appointment. in other disciplines. Not only is Merrick A copy of this letter has been sent to Mr. the Public Corruption section of the U.S. At- enormously gifted intellectually, but he is Garland for his information. torney’s Office. There he had an opportunity thoughtful as well, for he respects other Sincerely, to investigate and try a number of complex, points of view and fairly and honestly as- CAROLYN B. LAMM, sensitive cases. In the Public Corruption sec- sesses the merits of all sides of an issue. And Chair. he has a stable, even-tempered, and cour- tion, Mr. Garland demonstrated an excellent capacity to investigate complex trans- Mr. SESSIONS addressed the Chair. teous manner. He would comport himself on The PRESIDING OFFICER. The Sen- the bench with dignity and fairness. In short, actions, and approached these important I believe that Merrick Garland will be among cases with maturity and balanced judgment. ator from Alabama is recognized. President Clinton’s very best judicial ap- He was thorough and thoughtful in exer- Mr. SESSIONS. Thank you very pointments. cising his responsibility, and he always acted much. Sincerely, in accord with the highest ethical and pro- I am here today to speak on a subject fessional standards. CHARLES J. COOPER. that is most important to all of us in During his service as an Assistant United America, the Federal judiciary. State Attorney, Mr. Garland distinguished Washington, DC, November 25, 1995. himself as one of the most capable prosecu- I had the honor for 12 years to serve Hon. ORRIN G. HATCH, tors in the Office. He brought to bear a num- as a U.S. attorney, and during that Chairman, Senate Judiciary Committee, Senate ber of outstanding talents. He was bright. He time I practiced in Federal court be- Dirksen Building, Washington, DC. had the intellectual capacity to parse com- fore Federal judges. All of our cases DEAR MR. CHAIRMAN: I write with regard to plex transactions. He built sound working re- that were appealed were appealed to the nomination of Merrick Garland to the lationships with agents and staff based on Federal circuit courts of appeals. And Court of Appeals for the District of Colum- mutual respect. He was willing to work hard bia. that is where those final judgments of to get the job done. He was dedicated to his appeal were ruled on. I think an effi- I have known Mr. Garland since 1990 when job. He exercised sound judgment, and ap- he was an Assistant United States Attorney proached his work with professionalism and cient and effective and capable Federal and I was the Assistant Attorney General for thoughtfulness. He exhibited excellent inter- judiciary is a bulwark for freedom in the Criminal Division in the Department of personal skills, and was delightful to work America. It is a cornerstone of the rule Justice. Over the Years I have had occasion with. In sum, his service as an Assistant of law, and it is something that we to see his work in several cases. United States Attorney was market by dedi- must protect at all costs. We need to be Based both on my own observations and on cation, sound judgment, excellent legal abil- professional and expeditious in dealing his reputation in the legal community, I be- ity, a balanced temperament, and the high- with those problems. lieve him to be exceptionally qualified for a est ethical and professional standards. These I must say, however, I do not agree Circuit Court appointment. Throughout my are qualities which I believe he would bring that there has been a stall in the han- association with him I have always been im- to the bench as well. pressed by his judgment. Most importantly, I appreciate the opportunity to provide dling of judges. As Senator HATCH has Mr. Garland exemplifies the qualifies of fair- these comments for your consideration. so ably pointed out, there were 22 ness, integrity and scholarship which are so Sincerely, nominations last year, and 17 of those important for those who sit on the bench. JAY B. STEPHENS. were confirmed. We are moving rapidly

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2521 on the nominations that are now before circuit in America. They have 378 cases is why I continue to advocate the elimi- the Judiciary Committee. filed per judge in a year’s time. Both of nation of the 12th judgeship. There is one today I want to talk those judges talked to us and talked to So that is the former chief judge of about, Merrick Garland, because really our committee about their concerns for the D.C. circuit saying that to fill the I do not believe that that judgeship the Federal judiciary and gave some 12th judgeship would be frivolous, and should be filled based on the caseload observations they had learned. he noted that there is a continuing de- in that circuit, and for no other reason. First of all, Judge Tjoflat, former cline in the caseload in the circuit. But I think it is important to say chief judge of the eleventh circuit, tes- Madam President, let me point out that there is not a stall, that I or other tified how when the courts of appeals something that I think is significant. Senators could have delayed the vote get larger and those numbers of judges Judge Buckley, who is a distinguished on Merrick Garland for longer periods go up from 8, 10, 12, to 15, the member of that court has taken senior of time had we chosen to do so. We collegiality breaks down. It is harder status. But that does not mean that he want to have a vote on it. We want to to have a unified court. It takes more will not be working. At a minimum, he have a debate on it. We want this Sen- time to get a ruling on a case. It has would be required as a senior-status ate to consider whether or not this va- more panels of judges meeting, and judge to carry one-third of his normal cancy should be filled. And I think it they are more often in conflict with caseload. Many senior judges take should not. one another. It is difficult to have the much more than one-third of their Senator HATCH brilliantly led, re- kind of cohesiveness that he felt was caseload. They are relieved of adminis- cently, an effort to pass a balanced desirable in a court. Judge Wilkinson trative obligations, and they can han- budget amendment on the floor of this agreed with that. dle almost a full judicial caseload. It Senate. For days and hours he stood I think what is most important with does not indicate, because Judge Buck- here and battled for what would really regard to our decision today, however, ley announced he would be taking sen- be a global settlement of our financial is what they said about their need for ior status, that he would not be doing crisis in this United States. We failed more judges. Judge Tjoflat, of the elev- any work. He would still be handling a by one vote to accomplish that goal. enth circuit, said even though they significant portion of his former case- But it was a noble goal. have 575 filings per judge in the Elev- load. I think that is another argument That having slipped beyond us, I enth Circuit Court of Appeals, they do we ought to think about. think it is incumbent upon those of us not need another judge. Even Judge Finally, the numbers are very inter- who have been sent here by the tax- Harvey Wilkinson said even though esting with regard to the eleventh cir- payers of America to marshal our cour- they have 378 filings per judge in the cuit in terms of the declining caseload age and to look at every single expend- fourth circuit, they do not need an- mentioned by Judge Silberman in his iture this Nation expends and to decide other judge. He also noted, and the letter to Senator HATCH. We have ex- whether or not it is justified. And if it records will bear it out, that the amined the numbers of this circuit and is not justified, to say so. And if it is Fourth Circuit Court of Appeals has discovered that there has been a 15 per- not justified, to not spend it. the fastest disposition rate, the short- cent decline in filings in the D.C. cir- In this country today a circuit court est time between filing and decision, of cuit last year. That is the largest de- of appeals judge costs the taxpayers of any circuit in America, and they are cline of any circuit in America. It ap- America $1 million a year. That in- the third busiest circuit in America. parently will continue to decline. At cludes their library, their office space, That is good judging. That is good ad- least there is no indication that it will law clerks, secretaries, and all the ministration. That is fidelity to the not. If that is so, that is an additional other expenses that go with operating taxpayers’ money, and they ought to reason that this judgeship should not a major judicial office in America. be commended for that. be filled. That is a significant and important ex- When you look at that and compare I think Senator LEAHY, the most able penditure that we are asking the citi- it to the situation we are talking about advocate for Mr. Garland, indicated in zens of the United States to bear. And today with 11 judges in the D.C. cir- committee that it would be unwise to I think we ought to ask ourselves, is it cuit, they now have only 124 cases per use these kinds of numbers not to fill a needed? judge, less than one-fourth the number judgeship, but it seems to me we have I want to point out a number of of cases per judge as the eleventh cir- to recognize that, if you fill a judge- things at this time that make it clear cuit has. What that says to me, Madam ship, that is an appointment for life. If to me that this judgeship, more than President, is that we are spending that judgeship position needs to be any other judgeship in America, is not money on positions that are not nec- abolished, the first thing we ought to needed. Let me show this chart behind essary. do is not fill it. That is just good public me which I think fundamentally tells The former chief judge of the D.C. policy. That is common sense. That is the story. We have 11 circuit courts of circuit, with just 123 cases per judge, the way it has always been done in this appeal in America. Every trial that is back in 1995 said he did believe the 11th country, I think. We ought to look at tried in a Federal court that is ap- judgeship should be filled but he did that. pealed goes to one of these circuit not believe the 12th should be filled. As So what we have is the lowest case- courts of appeal. From there, the only recently as March of this year, just a load per judge in America, declining by other appeal is to the U.S. Supreme few weeks ago, he wrote another letter as much as 15 percent last year, and it Court. Most cases are not decided by discussing that situation. This is what may continue to decline this year. The the Supreme Court. The vast majority he said in a letter addressed to Senator numbers are clear. The taxpayer should of appeals are decided in one of these 11 HATCH: not be burdened with the responsibility circuit courts of appeal. You asked me yesterday for my view as to of paying for a Federal judge sitting in Senator GRASSLEY, who chairs the whether the court needs 11 active judges and a D.C. circuit without a full caseload of Subcommittee on Court Administra- whether I would be willing to communicate cases to manage. tion, earlier this year had hearings on that view to other Senators of your com- Let me say this about Mr. Garland. I mittee. As I told you, my opinion on this the caseloads of the circuit courts of matter has not changed since I testified be- have had occasion to talk with him on appeals. He had at that hearing the fore Senator GRASSLEY’s committee in 1995. I the phone. I told him I was not here to just recently former chief judge of the said then and still believe that we should delay his appointment, his hearing on Eleventh Circuit Court of Appeals, have 11 active judges. On the other hand, I his case. I think it is time for this Sen- which has the highest caseload per then testified and still believe that we do not ate to consider it. I think it is time for judge in America. Total appeals filed need and should not have 12 judges. Indeed, us to vote on it. Based on what I see, per judge for the year ending Sep- given the continued decline in our caseload that judgeship should not be filled. He tember 30, 1996, was 575 cases per judge. since I last testified, I believe the case for has a high position with the Depart- the 12th judge at any time in the foreseeable He also had testifying before that com- future is almost frivolous, and, as you know, ment of Justice and, by all accounts, mittee Chief Judge Harvey Wilkinson since I testified, Judge Buckley has taken does a good job there. There will be a from the Fourth Circuit Court of Ap- senior status and sits part time, and I will be number of judgeship vacancies in the peals. They are the third most busy eligible to take senior status in 3 years. That D.C. trial judges. He has been a trial

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2522 CONGRESSIONAL RECORD — SENATE March 19, 1997 lawyer. He would be a good person to only on those occasions when it was tune of about $1 million per year for fill one of those. I would feel com- down to 10 active judges. each seat. The total price tag for fund- fortable supporting him for another Additionally, according to the Ad- ing an article III judge over the life of judgeship. ministrative Office of the U.S. Courts, that judges is an average of $18 million. Based on my commitment to frugal it costs more than $800,000 a year to Madam President, $18 million is a management of the money of this Na- pay for a circuit judge and the ele- whole lot of money that we would be tion, I feel this position should not be ments associated with that judge’s wasting if we fill the vacancies on the filled at this time. I oppose it, and I work. In light of recent efforts to cur- D.C. circuit. urge my colleagues to do so. tail Federal spending, again, I agree In 1995, I chaired a hearing before the The PRESIDING OFFICER. The Sen- with my colleague from Alabama that Judiciary Subcommittee on Adminis- ator from Arizona is recognized. it is imprudent to spend such a sum of trative Oversight and the Courts on the Mr. KYL. Thank you, Madam Presi- money unless the need is very clear. D.C. circuit. At the hearing, Judge dent. First, let me associate myself Senators GRASSLEY and SESSIONS Lawrence Silberman—who sits on that with the remarks of my distinguished have made sound arguments that the court—testified that 12 judges were colleague from Alabama who has just D.C. circuit does not need to fill the just too many. According to Judge Sil- spoken. My position is quite the same 11th seat. Their arguments are reason- berman, when the D.C. circuit has too as his with respect to this nominee. able and not based upon partisan con- many judges there just isn’t enough Certainly, I must begin by saying that siderations. Similarly, my concerns work to go around. I believe Mr. Garland is well qualified with the Garland nomination are based In fact, as for the 12th seat, the main for the court of appeals. He earned de- strictly on the caseload requirements courtroom in the D.C. courthouse does grees from Harvard College and Har- of the circuit, not on partisanship or not even fit 12 judges. When there are vard Law School and clerked for Judge the qualifications of the nominee. 12 judges, special arrangements have to Friendly on the U.S. Court of Appeals I would not want the opposition to be made when the court sits in an en for the Second Circuit and for Justice the nomination, therefore, to be con- banc capacity. Brennan on the Supreme Court and, sidered partisan in any way. Thus, al- I would ask my colleagues to con- since 1993, he has worked for the De- though I do not believe that the admin- sider the steady decrease in new cases filed in the D.C. circuit. Since 1985, the partment of Justice. So there is no istration has met its burden of showing number of new case filings in the D.C. question, he is qualified to serve on the that the 11th seat needs to be filled, in circuit has declined precipitously. And court. the spirit of cooperation, and to get the it continues to decline, even those who Like my colleague from Alabama, nominee to the floor of the Senate, I support filling the vacancies have to my colleague from Iowa, and others, I voted to favorably report the nomina- admit this. At most, the D.C. circuit is believe that the 12th seat on this cir- tion of Merrick Garland from the Judi- only entitled to a maximum of 10 cuit does not need to be filled and am ciary Committee when we voted on judges under the judicial conference’s quite skeptical that the 11th seat, the that a couple of weeks ago. But, at the formula for determining how many seat to which Mr. Garland has been time, I reserved the right to oppose fill- judges should be allotted to each court. nominated, needs to be filled either. ing that 11th vacancy when the full Judge Silberman recently wrote to The case against filling the 12th seat is Senate considered the nomination. the entire Judiciary Committee to say very compelling, and it also makes me That time has now come, and being that filling the 12th seat would be—in question the need to fill the 11th seat. fully persuaded by the arguments made his words—‘‘frivolous.’’ According to In the fall of 1995, the Courts Sub- by Senator SESSIONS and Senator the latest statistics, complex cases in committee of the Judiciary Committee GRASSLEY, I reluctantly will vote the D.C. circuit declined by another 23 held a hearing on the caseloads of the against the confirmation of this nomi- percent, continuing the steady decline D.C. circuit. Judge Silberman, who has nee. in cases in the D.C. circuit. With fewer served on the D.C. circuit for the past Based on the hearing of the Courts and fewer cases per year, it doesn’t 11 years, testified that most members Subcommittee, caseload statistics, and make sense to put more and more of the D.C. circuit have come to think other information, as I said, I have judges on the D.C. circuit. That would of the D.C. circuit as a de facto court of concluded that the D.C. circuit does be throwing taxpayer dollars down a 11. In other words, even though there not need 12 judges and does not, at this rat hole. are 12 seats, theoretically, it is really point, need 11 judges. Therefore, I will So the case against filling the cur- being thought of as an 11-member court vote against the nomination of Merrick rent vacancies is compelling. I believe by its members. In fact, in response to Garland. that Congress has a unique opportunity written questions, Judge Silberman If Mr. Garland is confirmed and an- here. I believe that we should abolish pointed out that the courtroom, nor- other vacancy occurs, thereby opening the 12th seat and at least the 11th seat mally used for en banc hearings, seats up the 11th seat again, I plan to vote should not be filled at this time. I be- only 11 judges. In other words, that is against filling the seat—and, of course, lieve that a majority of the Juidicary what they can accommodate. the 12th seat—unless there is a signifi- Committee agrees the case has been When Congress created the 12th cant increase in the caseload or some made against filling the 12th seat and judgeship in 1984, Congress may have other extraordinary circumstance. Chairman HATCH has agreed not to fill thought that the D.C. circuit’s case- Madam President, I want to thank it. So, no matter what happens today, load would continue to rise, as it had Senator GRASSLEY for his leadership in at least we know that the totally un- for the previous decade. But, in fact, as this area, as chairman of the sub- necessary 12th seat will not be filled. my colleague from Alabama has point- committee, and for allowing me to At least the taxpayers can rest a little ed out, exactly the opposite has oc- speak prior to his comments, which I easier on that score. curred; the caseload has dropped. It is gather will be delivered next. Abolishing judicial seats is com- the only circuit in the Nation with I yield the floor. pletely nonpartisan. If a judicial seat is fewer new cases filed now than in 1985. The PRESIDING OFFICER. The Sen- abolished, no President— Democrat or During the entire period, the D.C. cir- ator from Iowa is recognized. Republican—could fill it. As long as cuit has had a full complement of 12 Mr. GRASSLEY. Madam President, I any judgeship exists, the temptation to judges for only 1 year. rise today to express my views of the nominate someone to fill the seat will In a letter to Senator GRASSLEY, pending nomination. As chairman of be overwhelming—even with the out- Judge Silberman wrote that the D.C. the Subcommittee on Administrative rageous cost to the American taxpayer. circuit can easily schedule its upcom- Oversight and the Courts, I have close- Again, according to the Federal ing arguments with 11 judges and re- ly studied the D.C. circuit for over a judges themselves, the total cost to the main quite current. Further, Judge Sil- year now. And I can confidently con- American taxpayer for a single article berman noted that while the D.C. cir- clude that the D.C. circuit does not III judge is about $18 million. That’s cuit, unlike most others, has not had need 12 judges or even 11 judges. Filling not chump change. That’s something any senior judges available to sit with either of these two seats would just be to look at. That’s real money we can it, the court has invited visiting judges a waste of taxpayer money—to the save.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2523 Here in Congress, we have downsized I would like to make a few comments be isolated problems, but there is no committees and eliminated important about the Judicial nomination process national crisis—period. support agencies like the Office of in general. Just about every day or so On February 5, I had the opportunity Technology Assessment. The same is we hear the political hue and cry about to chair a judiciary subcommittee true of the executive branch. Congress how slow the process has been. This is hearing on judicial resources, concen- has considered the elimination of even though we confirmed a record trating on the fourth circuit. My ef- whole Cabinet posts. It is against this number of 202 judges in President Clin- forts in regard to judgeship allocations backdrop that we need to consider ton’s first term—more than we did in are based upon need and whether the abolishing judgeships where appro- either President Reagan’s or President taxpayers should be paying for judge- priate—like in the D.C. circuit or else- Bush’s first term. ships that just are not needed. We where. I have heard the other side try to heard from the chief judge that filling While some may incorrectly question make the argument that not filling va- the current two vacancies would actu- Congress’ authority to look into these cancies is the same as delaying justice. ally make the court’s work more dif- matters, we are in fact on firm con- Well, when you have Clinton nominees ficult for a number of reasons. He ar- stitutional ground. Article III of the or judges who are lenient on murderers gued that justice can actually be de- Constitution gives Congress broad au- because their female victim did not layed with more judges because of the thority over the lower Federal courts. suffer enough, or you have a judge that added uncertainty in the law with the Also, the Constitution gives Congress tries to exclude bags of drug evidence increased number of differing panel de- the ‘‘power of the purse.’’ Throughout against drug dealers, or a judge that cisions. I am sorry that only three Sen- my career, I have taken this responsi- says a bomb is not really a bomb be- ators were there to hear this very en- bility very seriously. I, too, am a tax- cause it did not go off and kill some- lightening testimony. payer, and I want to make sure that body—then I think that’s when justice We in the majority have been criti- taxpayer funds aren’t wasted. is denied. cized for not moving fast enough on Some may say that Congress should The American people have caught on nominations. However, we know there simply let judges decide how many to this. And, I think the American peo- was a higher vacancy rate in the judici- judgeships should exist and how they ple would just as soon leave some of ary at the end of the 103d Democrat should be allocated. I agree that we these seats unfilled rather than filling Congress than there was at the end of should defer to the judicial conference them with judges who are soft on the 104th Republican Congress. Even to some degree. However, there have criminals or who want to create their though there were 65 vacancies at the been numerous occasions in the past own laws. end of last year, there were only 28 where Congress has added judgeships We have heard repeatedly from the nominees that were not confirmed. All without the approval of the Judicial other side that a number of judicial of them had some kind of problem or Conference in 1990, the last time we emergency vacancies exist. We are told concern attached to them. The big created judgeships, the Congress cre- that not filling these vacancies is caus- story here is how the administration ated judgeships in Delaware, the Dis- ing terrible strife across the country. sat on its rights and responsibilities trict of Columbia and Washington Now, to hear the term ‘‘judicial emer- and did not make nominations for State without the approval of the Judi- gency’’ sounds like we are in dire more than half of the vacancies. And cial Conference. In 1984, when the 12th straits. But, in fact, a judicial emer- some of the 28 nominations that were judgeship at issue in this hearing was gency not only means that the seat has not confirmed were only sent to us created—Congress created 10 judge- been open for 18 months. It does not near the end of the Congress. Yet, the ships without the prior approval of the mean anything more than that, despite administration has the gall to blame Judicial Conference. It is clear that if the rhetoric we hear. others for their failings. Congress can create judgeships without In fact, it is more than interesting to I think it is also important to re- judicial approval, then Congress can note that out of the 24 so-called judi- member the great deal of deference we leave existing judgeships vacant or cial emergencies, the administration on this side gave to the President in abolish judgeships without judicial ap- has not even bothered to make a nomi- his first term. As I said, we have con- proval. It would be illogical for the nation to half them. That is right, Mr. firmed over 200 nominees. All but four, Constitution to give Congress broad President. After all we have heard including two Supreme Court nomi- authority over the lower Federal about Republicans not filling these so- nees, were approved by voice vote. courts and yet constrain Congress from called judicial emergencies which are That is a great deal of cooperation. acting unless the lower Federal courts not really emergencies, we find that Some would say too much cooperation. first gave prior approval. the administration has not even sent But now, after 4 years of a checkered Madam President, I ask my col- up nominees for half of them after hav- track record, it is clear to me that we leagues to vote ‘‘no’’ on the current ing over a year and a half to do so. need to start paying a lot more atten- nomination and strike a blow for fiscal But, we continue to hear about this tion to whom we’re confirming. Be- responsibility. Spending $18 million on so-called caseload crisis. My office even cause like it or not, we are being held an unnecessary judge is wrong. I have got a timely fax from the judicial con- responsible for them. nothing against the nominee. Mr. Gar- ference yesterday bemoaning the in- I cannot help but remember last year land seems to be well qualified and crease in caseload. Well, Mr. President, when some of us criticized a ridiculous would probably make a good judge—in I sent out the first time ever national decision by a Federal judge in New some other court. Now, I’ve been survey to article III judges last year. I York who tried to exclude over- around here long enough to know learned many things from the re- whelming evidence in a drug case. where the votes are. I assume Mr. Gar- sponses. Among them, I learned that What was one of the first things we land will be confirmed. But, I hope that while caseloads are rising in many ju- heard from the administration? After by having this vote—and we’ve only risdictions, the majority of judges be- they also attacked the decision, they had four judicial votes in the last 4 lieved the caseloads were manageable turned around and attacked the Repub- years—a clear message will be sent with the current number of judges. A lican Members who criticized the deci- that these nominations will no longer number of judges would even like to sion. They said, you Republicans voted be taken for granted. see a reduction in their ranks. for the nominee, so you share any of Let’s be honest—filling the current We know that much of the increased the blame. vacancies in the D.C. circuit is about caseload is due to prisoner petitions, Well, the vote on Judge Baer was a political patronage and not about im- which are dealt with very quickly and voice vote. But, I think many of us proving the quality of judicial decision easily, despite the hue and cry we hear. woke up to the fact that the American making. And who gets stuck with the As a matter of fact the judicial con- people are going to hold us accountable tab for this? The American taxpayer. I ference even admits some of the in- for some of these judges and their bad think it’s time that we stand up for crease is due to prisoners filing in decisions. So, there is no question the hardworking Americans and say no to order to beat the deadline for the new scrutiny is going to increase, thanks to this nomination. filing fees we imposed. So, there may this administration, and more time and

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2524 CONGRESSIONAL RECORD — SENATE March 19, 1997 effort is going to be put into these However, qualifications and char- Senator GRASSLEY for the fine leader- nominees. And, yes, we will continue to acter are not the only factors we must ship he is providing in this important criticize bad decisions. If a judge that consider in deciding whether to con- area. Through Senator GRASSLEY’s has life tenure cannot withstand criti- firm someone for a Federal judgeship. hard work, we have learned and con- cism, then maybe he or she should not A more fundamental question is wheth- tinue to learn much about the needs of be on the bench. er we should fill the position itself. Mr. the Federal courts. Now, having said all of this, we have Garland was nominated for the 11th During one such subcommittee hear- before us a nominee who we’re ready to seat on the D.C. circuit. I do not feel ing this year, the Chief Judge of the vote on. I had been one of those holding that this vacancy needs to be filled. Court of Appeals for the Fourth Cir- up the nominee for the D.C. circuit, the Thus, I cannot vote in favor of this cuit, J. Harvie Wilkinson III, explained nomination before us. I believe I have nomination. that having more judges on the circuit made the case that the 12th seat should The caseload of the D.C. circuit is court does not always mean fewer cases not be filled because there is not considerably lower than any other cir- and a faster disposition of existing enough work for 12 judges, or even 11 cuit court in the Nation. In 1996, the ones. He indicated it may mean just judges for that matter. My argument eleventh circuit had almost five times the opposite. More judges can mean has always been with filling the seat— the number of cases per judge as the less collegial decisionmaking and more not the nominee. Now that we have two D.C. circuit. The fourth circuit had intracircuit conflicts. As a result of open seats—even though the caseload over three times as many cases filed. such differences, more en banc hearings continues to decline—I’m willing to Specifically, about 378 appeals were are necessary to resolve the disputes. make a good faith effort in allowing filed per judge in the fourth circuit in More fundamentally, a large Federal the Garland nomination to move for- 1996, compared to only about 123 in the judiciary is an invitation for the Con- ward. D.C. circuit. gress to expand Federal jurisdiction But, given the continued caseload de- Moreover, the caseload of the D.C. and further interfere in areas that have cline, and the judicial conference’s own circuit is falling, not rising. Statistics been traditionally reserved for the formula giving the circuit only 9.5 from the Administrative Office show a States. judges, I cannot support filling even decline in filings in the D.C. circuit In summary, I oppose this nomina- the 11th seat. So, I will vote ‘‘no.’’ I as- over the past year. sume I will be in the minority here and tion only because I do not believe that I am well aware of the argument that the caseload of the D.C. circuit war- the nominee will be confirmed, but I the cases in the D.C. circuit are more think the point has to be made. I very rants an additional judge. Mr. Garland complex and take more time to handle, is a fine man, but I believe that my much appreciate Chairman HATCH’s ef- and therefore we should not expect the first obligation must be to the tax- forts in regard to my concerns, and his D.C. circuit to have the same caseload decision to not fill the unnecessary payers of this Nation. per judge as other circuits. However, Mr. President, I yield the floor. 12th seat. this fact cannot justify the great dis- The PRESIDING OFFICER. The dis- So, there have been a lot of personal parity in the caseload that exists today tinguished Senator from Vermont. attacks lately. Motives are questioned between the D.C. circuit and any other Mr. LEAHY. Mr. President, how and misrepresented. This is really be- circuit. This is especially true since much time is remaining to the distin- neath the Senate. And I hope it will the D.C. circuit caseload is declining. guished senior Senator from Utah and not continue. In short, it is my view that the existing Despite the attacks that have been myself? membership of the D.C. circuit is capa- launched against those of us who want ble of handling that court’s caseload. The PRESIDING OFFICER. The Sen- to be responsible, all we are saying is Mr. President, one of the core duties ators have 54 minutes. send us qualified nominees who will in- of a Member of this great Body is to de- Mr. LEAHY. I thank the Chair. terpret the law and not try to create it. termine how to spend, and whether to Mr. President, I am concerned when I Send us nominees who will not favor spend, the hard-earned money of the hear attempts to tie Mr. Garland’s defendants over victims, and who will taxpayers of this Nation. We must ex- nomination to the number of judges in be tough on crime. Send us nominees ercise our duty prudently and conserv- the D.C. circuit. Let us remember that who will uphold the Constitution and atively because it is not our money or Mr. Garland is there to fill the 11th not try to change it. As long as the the Government’s money we are spend- seat on the D.C. circuit, not the 12th judgeships are actually needed, if the ing; it is the taxpayers’ money. Today, seat. Even Judge Silberman, who has administration sends us these kinds of argued for abolishing the 12th seat for nominees, they will be confirmed. the Republican Congress is working diligently to find spending cuts that this court, has testified that ‘‘it would I thank the Chair. be a mistake, a serious mistake, for The PRESIDING OFFICER (Mr. will permit us to finally achieve a bal- Congress to reduce down below 11 FAIRCLOTH). The Chair recognizes the anced budget. In making these hard judges.’’ That is a verbatim quote from Senator from South Carolina. choices, no area should be overlooked, Mr. THURMOND. Mr. President, I including the judicial branch. Under Judge Silberman. rise today in opposition to the nomina- the Constitution, the Congress has the But we should also remember that tion of Merrick B. Garland to be a power of the purse, and it has broad au- when we just put numbers here, num- judge on the U.S. Court of Appeals for thority over the lower Federal courts. bers do not tell the whole story. The the District of Columbia Circuit. I This body has the power to eliminate D.C. circuit’s docket is by far the most commend Senators SESSIONS, KYL, and or decide not to fund vacant lower Fed- complex and difficult in the Nation. GRASSLEY for taking this course. eral judgeships, just as it had the You can have a dozen routine matters Let me state from the outset that my power to create them in the first place. in another circuit and one highly com- opposition has nothing to do with the The cost of funding a Federal judge- plex issue involving the U.S. Govern- nominee himself. I have no reserva- ship has been estimated at about $1 ment in the D.C. circuit, brought be- tions about Mr. Garland’s qualifica- million per year. This is a substantial cause it is the D.C. circuit, that one tions or character to serve in this ca- sum of money, and a vastly greater would go on and equal the dozen or pacity. He had an excellent academic sum if we consider the lifetime service more anywhere else. record at both Harvard College and of a judge. We must take a close look We can debate later on the size of the Harvard Law School before serving as a at vacant judgeships to determine D.C. circuit, whether it should be 11 or law clerk on the U.S. Court of Appeals whether they are needed. 12. But we are talking about the 11th for the Second Circuit and the U.S. Su- In this regard, Senator GRASSLEY, seat. And what Senators ought to be preme Court. Also, he has served in dis- the chairman of the Judiciary Sub- talking about is the fact that Merrick tinguished positions in private law committee on the Courts and Adminis- Garland is a superb nominee. He has practice and with the Department of trative Oversight, has been holding been seen as a superb nominee by Re- Justice. Moreover, I have no doubt that hearings regarding the proper alloca- publicans and Democrats alike, by all Mr. Garland is a man of character and tion of Federal judgeships. I would like writers in this field. At a time when integrity. to take this opportunity to commend some seem to want people who are not

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2525 qualified, here is a person with quali- will ask them to read the Constitution. be laughable. At that time, the call to fications that are among the best I Article II, section 4, of the Constitu- impeach was popular within a narrow have ever seen. tion states: and intolerant group which did not un- So, let us not get too carried away The President, Vice President and all civil derstand how our democracy works or with the debate on what size the court Officers of the United States, shall be re- what was its strength. Apparently, it is should be. We can have legislation on moved from Office on Impeachment for, and fashionable in some quarters to slo- that. The fact is, we have a judge who Conviction of, Treason, Bribery, or other ganeer about impeaching Federal is needed, a judge who was nominated, high Crimes and Misdemeanors. judges again. and whose nomination was accepted The Founders of this country did not It was wrong in the 1950’s to have and voted on by the Senate Judiciary consider disagreement with a Member somebody who wanted to protect the Committee in 1995. It is now 1997. Let of the House of Representatives as an sin and stain of segregation to call for us stop the dillydallying. I suppose, as impeachable offense. In fact, the the impeachment of Earl Warren. It is we are not doing anything else—we do Founders of this country would have wrong for some today to call for the not have any votes on budgets or chem- laughed that one right out. Can you impeachment of a Federal judge be- ical weapons treaties or any of these imagine? I suggested some read the cause of a disagreement with a single other things we can do—I suppose we Constitution and, I must admit, in a decision. can spend time on this. We ought to moment of exasperation, I suggested So I hope all of us—all of us—stop just vote this through, because at the perhaps some who were making these acting as though we can go to some- rate we are currently going we are fall- claims had never read a book at all. thing way beyond our Constitution be- ing further and further behind, and But, of course, they have. There is one cause a judge comes out with a deci- more and more vacancies are con- by Lewis Carroll. It is called Alice in sion that we may disagree with. That tinuing to mount over longer and Wonderland. The queen had a couple is not a high crime or misdemeanor; it longer times, to the detriment of great- different points she made. One, of is not an impeachable offense. Maybe it er numbers of Americans and the na- course, if all else failed was, ‘‘Off with is an appealable question, but not an tional cause of prompt justice. their heads.’’ The other is, ‘‘The law is impeachable offense. We in the Congress cannot act as Frankly, I fear these delays are going what I say the law is.’’ some super court of appeals. Good to persist. In fact, the debate on what We all lift our hands at the beginning Lord, we even had a suggestion over should be in the courts took an espe- of our term in office and swear alle- the weekend that maybe even the Con- cially ugly turn over the last 2 weeks. giance to that Constitution, but all of gress should have the power to vote to Some Republicans have started calling a sudden there is something found in override any decision. In fact, it would for the impeachment of Federal judges there that none of us knew about. Im- be a super court of appeals. Good Lord, who decide a case in a way they do not peach a judge because you disagree Mr. President, look at the pace of this like. A Member of the House Repub- with a judge’s decision? I tried an Congress. We have almost 100 vacancies lican leadership called for the impeach- awful lot of cases before I came here. I on the Federal court and certainly by ment of a Federal judge in Texas be- was fortunate in that, a chance to try the end of business yesterday, we had cause he disagreed with his decision in cases at the trial level and the appel- not filled a single one of them. We have the voting rights case, a decision that, late level. Sometimes I won, some- not had a minute of debate on the whichever way he went, was going to times I lost, but there was always an budget. We have done nothing about be appealed by the other side. If he appeal. In fact, I found in the cases I bringing up campaign finance reform. ruled for the plaintiffs, the defendants won as a prosecutor, the person on the Cooler heads are prevailing. I com- were going to appeal; if he ruled for the way to jail would invariably file an ap- mend the distinguished majority lead- defendants, the plaintiffs would have peal. I just knew the appeal would be er, Senator LOTT, for his remarks on appealed. But this Member of the other made. That is the way the courts go. these impeachment threats. He is body decided, forget the appeals, he You do not suddenly say because I quoted as saying that impeachment disagrees, so impeach the judge. He is won the case, the judge was to be im- should be based on improper conduct of quoted in the Associated Press as say- peached. a judge, not on his or her decisions or ing, ‘‘I am instituting the checks and I think back to about 40 years ago appeals. I think that is the way it balances. For too long we have let the and those who wanted to impeach the should be. I think perhaps we should judiciary branch act on its own, U.S. Supreme Court. Why? Because step back before we go down this dark unimpeded and unchallenged, and Con- they refused to uphold segregation— road. gress’ duty is to challenge the judicial let’s impeach the Court. In fact, I made I understand, Mr. President, that the branch.’’ my first trip here to the U.S. Capitol in distinguished senior Senator from The suggestion of using impeachment Washington, DC, when I was in my late Maryland wishes 5 minutes; is that cor- as a way to challenge the independence teens. At that time, for the first time, rect? of the Federal judiciary, an independ- I saw the billboards and demonstra- Mr. SARBANES. If the Senator can ence of the judiciary that is admired tions against the Chief Justice after yield me 5 minutes, I would appreciate throughout the world, the independ- the landmark Brown versus Board of it. ence of a judiciary that has been the Education decision. I wondered what Mr. LEAHY. Mr. President, I yield 5 hallmark of our Constitution and our was going on. minutes to the distinguished senior democracy, the independence of a Fed- In the 1950’s, it was not uncommon to Senator from Maryland. The PRESIDING OFFICER. The eral judiciary that has made it possible see billboards and bumper stickers say- Chair recognizes the distinguished Sen- for this country to become the wealthi- ing, ‘‘Impeach Earl Warren.’’ These ator from Maryland. est, most powerful democracy known signs were so prevalent, Mr. President, Mr. SARBANES. I thank the Chair. in history and still remain a democ- that a young man from Georgia at that I would like to ask the distinguished racy—to talk of using impeachment to time once remarked that his most Senator from Vermont a couple of challenge that independence demeans vivid childhood memory of the Su- questions, if I can, about the charts he our Constitution, and it certainly de- preme Court was the ‘‘Impeach Earl was referring to earlier. I want to means the Congress when Members of Warren’’ signs that lined Highway 17 make sure I understand them fully. Congress speak that way. It is also the near Savannah. He said: ‘‘I didn’t un- This one, as I understand, shows the height of arrogance. It ignores the derstand who this Earl Warren fellow number of judges that have been con- basic principle of a free and inde- was, but I knew he was in some kind of firmed in the last three Congresses—we pendent judicial branch of Govern- trouble.’’ are now in the 105th Congress. There ment. We would not have the democ- That young man from Georgia is now are currently 94 vacancies in the Fed- racy we have today without that inde- a Supreme Court Justice himself, Jus- eral court system? pendence. tice Clarence Thomas. Mr. LEAHY. There are. There will I wonder if some have taken time to In hindsight, it seems laughable, as very soon be 100. reread the Constitution. Maybe I give in hindsight the current calls of im- Mr. SARBANES. As yet, no judges them too much benefit of the doubt. I peachment of current judges will also have been confirmed in this Congress?

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2526 CONGRESSIONAL RECORD — SENATE March 19, 1997 Mr. LEAHY. That’s right. prepared: The number of judges con- years, you had a Republican President Mr. SARBANES. This is the first firmed during the second Senate ses- and a Democratic Senate, is that not judge that has come before us? sion in the Presidential election years. correct? Mr. LEAHY. That is right. Now, what has happened? What hap- Mr. LEAHY. Right. Mr. SARBANES. Although I gather pened in 1996 is dramatic. No appeals Mr. SARBANES. It is in both these there are some 25 judges pending in the court judges were confirmed and only years, not just the contrast of the last Judiciary Committee. 17 district court judges. year of the Bush Presidency. But in the Mr. LEAHY. Between 23 and 25, Mr. LEAHY. If my friend from Mary- last year of the second Reagan admin- enough to fill a quarter of the vacan- land will yield on that, I will point out istration, we confirmed 7 appeals cies that are pending. Of course, on Mr. the contrast. In 1992 we had a Repub- judges, then 11 for the last year of the Garland, he came before the committee lican President and a Democratic Sen- Bush administration, and last year the in 1995 and was approved by the com- ate; we confirmed 11 appellate court number was zero. For district court mittee the first time in 1995. We are judges and 55 district court judges. judges in those years it was 35, 55 and now in 1997. It is not moving with alac- Four years later you have a Demo- 17. That is a dramatic difference. An rity. cratic President and a Republican Sen- element has intruded itself in this con- Mr. SARBANES. It is not even mov- ate and look at the vast difference: firmation process that was not here- ing with the speed of a glacier, one zero appellate court judges and only 17 tofore present. might observe. district court judges, notwithstanding Mr. LEAHY. If the Senator would Mr. LEAHY. I was going to say, there an enormous vacancy rate. yield a moment. is a certain glacier connotation to the I think what it shows is that, if you In 1984, there was a Republican Sen- speed of confirming judges. want something to demonstrate par- ate and Republican President, and you see 10 and 33. In 1992, there is a Repub- Mr. SARBANES. In the previous Con- tisanship, when the Democrats con- lican President and Democratic Sen- gress, the 104th Congress, 75 judges trolled the Senate with a Republican ate, and the Democratic Senate actu- were confirmed? President, they still cooperated to give ally did better for the Republican Mr. LEAHY. That’s right. that Republican President a significant President than the Republican Senate Mr. SARBANES. The previous Con- number of judges in the second session, for the Republican President. gress, the 103d, 129, and the one before in a Presidential election year, the that, the 102d, 124; is that correct? Mr. SARBANES. Exactly. time it normally slows down, as con- Let me say I am very deeply con- Mr. LEAHY. The Senator is correct. trasted to the absolute opposite, the cerned about this development. I want Mr. SARBANES. There is a signifi- unprecedented opposite, of what hap- to commend the Senator from Vermont cant falloff in the number of judges pened when you have a Democratic because he has been speaking out on being confirmed. President and a Republican Senate. this very important matter for some Mr. LEAHY. In the 104th Congress, I Mr. SARBANES. Let me take the time now. tell my friend from Maryland, there Senator’s—— Moving to the pending nomination, I was an unprecedented slowdown in the Mr. CHAFEE. Could I ask a question want to speak first to Merrick Gar- confirmation of judges to the extent in here at the proper time? I do not land’s merits, although let me say that that I think the only year that we want to interrupt the flow. I had a I do not understand any of my col- could find, certainly in recent memory, question of the manager? leagues to be questioning his capabili- where no court of appeals judges were Mr. LEAHY. The Senator from Mary- ties and qualifications to serve on the confirmed at all was in the second ses- land has the floor. bench. In fact, Members on both sides sion of the 104th Congress. The slow- Mr. SARBANES. I yield for the in- have spoken very highly of Merrick down was so dramatic in the second quiry. Garland and noted his outstanding session of the 104th Congress that it Mr. CHAFEE. My question is this. As character. dropped the number down to certainly I understand it, there are 3 hours on I was privileged, since he is a resi- an unprecedented low, considering the this bill, so presumably that would dent of my State, to have the honor to vacancies. take us up to around 6 o’clock, as I un- introduce him at his confirmation Mr. SARBANES. I am quite con- derstand. hearing before the Senate Judiciary cerned with these developments. The Mr. LEAHY. Unless time is yielded Committee. That was on November 30, Congress has become much more polit- back. 1995, almost 18 months ago. I believed ical and partisan by any judgment. I Mr. CHAFEE. I wonder if there ap- then and continue to believe now that think that is regrettable, but it has peared to be much of a chance that he will make an outstanding addition happened, and we have to try to con- some time might be yielded back? It to the D.C. circuit. tend with it here as best we can. But I would be very helpful to me, but I do His career exemplifies his strong think it is a dire mistake if this atti- not want to stop any pearls of wisdom. commitment to the law and to public tude carries over into our decisions re- Mr. LEAHY. I have a member of the service. garding the judiciary, the third, inde- Leahy family to whom I have had the He is a magna cum laude graduate pendent branch of our Government and privilege of being married nearly 35 from Harvard Law School. He clerked the one that, in order to maintain pub- years who hopes time will be yielded for Judge Henry Friendly on the second lic confidence in our justice system, back. As her husband, I hope time will circuit and for Justice William Bren- ought to have politics removed from it be yielded back. I am about to just give nan at the Supreme Court. as much as is humanly possible. the floor back to the Senator from He has had a long association with Would the Senator from Vermont Maryland. I do not know how much the Justice Department, first as a spe- agree with that observation? more time is going to be taken in oppo- cial assistant to then Att. Gen. Ben- Mr. LEAHY. I absolutely agree. It sition to Mr. Garland. I know of very jamin Civiletti. He then became a part- has been my experience in the past little time that is going to be taken ner at Arnold & Porter when he left the that Republicans and Democrats have further here. Justice Department to go into private worked closely together with both Re- So the long way around, to answer practice. publican and Democratic Presidents to my good friend from Rhode Island, I Upon returning to public service, he keep the judiciary out of politics, hope time will be yielded back fairly has served as an assistant U.S. attor- knowing that all Americans would go soon. ney for the District of Columbia, deal- to court not asking whether a judge is Mr. CHAFEE. Put me down as a firm ing with public corruption and Govern- Republican or Democrat, but asking supporter of Mrs. Leahy. ment fraud cases. He has also served as whether this is a place they will get Mr. LEAHY. I am sure she would be Deputy Assistant Attorney General in justice. If we politicize it, they may delighted to know that. the Justice Department’s Criminal Di- not be able to answer that question the Mr. SARBANES. If the Senator vision and as Principal Associate Dep- way they have in the past. would yield for one further question, uty Attorney General, both very high Mr. SARBANES. Therefore, I am just to take your analysis a step fur- ranking positions within the Depart- very interested in this chart you have ther, in 1992 and 1988, in each of those ment.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2527 In all of these positions he has served court and yet Members have come for- that statement to my colleagues. I will our country with great distinction. ward opposing the Garland nomination, not go through it in detail here, given He has published extensively in sev- a fact which I very much regret. the fact that this debate is coming to a eral areas of the law and has remained Now I want to address just very brief- close. active in bar association activities. ly the fact that the fourth circuit was I do encourage my colleagues to con- In every respect, in his intellect, his raised earlier by one of my colleagues sider carefully the political cloud with character, and his experience, he would in this debate. He cited the view of which we are now surrounding the make an outstanding addition to the Fourth Circuit Chief Judge Wilkinson, judgeships. bench. presented at a February 1997 Judiciary I say to my colleagues on the other Let me now just briefly talk about Subcommittee hearing, that the Presi- side, we did not behave this way at a this new line of attack, so to speak, dent and Senate do not need to fill the time when the Senate Democrats were that has arisen about whether vacan- two vacancies that exist on that court. in control of the Senate and we were cies on the D.C. circuit should be filled. It is interesting that at that same dealing with the nominations of Repub- First of all, I think any analysis of hearing, testimony that I do not think lican Presidents. I will be very frank. I the courts’ need to fill vacancies can- has been cited, by Judge Sam Ervin, think the judiciary deserves better not be based simply on caseload statis- the very able and distinguished circuit than that from us. I hope that game tics—this is a benchmark that one judge of the Court of Appeals for the will come to an end and we will be able needs to analyze carefully in order to Fourth Circuit, and the son of our to move ahead with the confirmation determine what lies behind the cases. former distinguished colleague, was of judges in an orderly fashion. In fact, the D.C. circuit’s situation in presented before the panel in support of In closing, let me again state that I particular makes clear that mere case filling the vacancies. am very supportive of the judicial filing numbers do not tell the whole Mr. President, I ask unanimous con- nominee who is before the Senate story with respect to the burdens that sent that the very thoughtful state- today. I think he is a person of out- the court faces. The D.C. circuit re- ment by Judge Ervin be printed in the standing merit who will make an out- ceives, in complexity and importance, RECORD at the conclusion of my re- standing judge, and I urge his con- cases that do not come as a general marks. firmation. rule before the other circuits across The PRESIDING OFFICER. Without EXHIBIT 1 the country. It has had major, major objection, it is so ordered. STATEMENT OF THE HONORABLE SAM J. ERVIN cases that it has had to deal with as a (See exhibit 1.) III routine matter, cases of great weight Mr. SARBANES. It is very important Mr. Chairman and members of the Sub- and importance to the nation. to note that with respect to the fourth committee, my name is Sam J. Ervin, III, of The D.C. circuit also handles numer- circuit, there is a nominee pending be- Morganton, North Carolina. I am an active ous appeals from administrative agen- fore the Judiciary Committee, whose United States Circuit Judge for the Fourth cy decisions that are characterized by nomination was submitted in the last Circuit, having been appointed in May, 1980. voluminous records and complex fact Congress—two nominations, as a mat- I had the honor of serving as the Chief Judge of that Circuit from February, 1989 until patterns. In fact, almost half of the ter of fact, were submitted to the Com- February, 1996. I appreciate the Subcommit- D.C. circuit’s cases are these kinds of mittee last year—and one has been re- tee’s willingness to hear my views. administrative appeals—46 percent. submitted by the administration right I support the actions of the Judicial Con- The next highest circuit in this respect at the beginning of this session. ference of the United States in its efforts to is the ninth circuit with 9.6 percent of The PRESIDING OFFICER. The Sen- address the important issue of judgeship their cases being of this kind. ator from Maryland has spoken for needs. I commend Chief Judge Julia Gibbons The D.C. circuit also handles fewer of considerably more than 5 minutes. and the other members of the Judicial Re- the least complex and time-consuming Mr. SARBANES. Would the Senator sources Committee for establishing a prin- cipled method for evaluating these needs. cases, criminal and diversity cases, give me 2 minutes to close up? I am in agreement with my good friend and than any of its sister circuits. Only 11 Mr. LEAHY. I yield 2 additional min- colleague, Chief Judge J. Harvie Wilkinson, percent of its cases are diversity cases. utes. III, that the federal judiciary should remain No other circuit has less than 24 per- Mr. SARBANES. There is no way of limited size and jurisdiction. Should any- cent. with a nominee having been sent to the one present doubt my commitment to those In testimony before the Judiciary Senate by the President, that an argu- principles, I quote from a resolution that I Committee’s Courts Subcommittee, ment for not approving the nominee introduced on June 24, 1993: (which was D.C. Circuit Judge Harry Edwards—the based on not needing the judgeship can unanimously adopted by the Article III Judges of the Fourth Circuit) Chief Judge of the circuit—gave one be made without it carrying with it an ‘‘Chief Judge ERVIN. If I may, I would like example of the kind of complex admin- ad hominem argument against the to submit for consideration a resolution istrative cases that are a routine part nominee. reading as follows: of the D.C. circuit’s caseload. He talked If people are really serious about re- ‘‘ ‘Resolved that the future role of the fed- about a case to review a FERC order, ducing vacancies on the courts, they eral courts should remain complementary to an order of the Federal Energy Regu- need to scrub down the number of the role of the state courts in our society. latory Commission. This order pro- places before the nominees are sub- They should not usurp the role of state courts. duced, at the time of appeal, 287 sepa- mitted, by legislation. Once the nomi- ‘‘ ‘To achieve that goal, it is the consensus rate petitions for review by 163 sepa- nees come here, you cannot divorce the of the Conference that the Congress might rate parties, and a briefing schedule attack on the individual from the at- consider such issues as the federal courts re- that provided for the filing of 27 briefs, tack on the need for the seat on the maining an institution of limited size and ju- totaling over 900 pages. bench. We have the chief judge of the risdiction. The ability of the federal courts I am simply making the point that fourth circuit coming in against filling to fulfill their historical limited and special- they get very complex matters to deal spots when nominees are pending. ized role is dependent on the willingness of with in the D.C. circuit, and that the Now, how can that position be taken Congress to maintain jurisdictional balance case filing numbers relied on by other and considered separate from opposi- and curtail the federalization of traditional state crimes and causes of action.’ ’’ side do not tell the whole story. tion to the nominee? They say, ‘‘Well, My appearance here today, however, is ne- Recall also that the vacancy we are I am not against this nominee, but I cessitated by Chief Judge Wilkinson’s pro- talking about filling here is the 11th just do not think this spot ought to be posal that we do not need to fill the two judi- out of 12 slots on the D.C. circuit. filled.’’ Of course, that is small comfort cial vacancies that presently exist in our cir- Originally, Merrick Garland was being to the nominee whose nomination is cuit. It is my conviction that our failure to opposed on the basis that the 12th spot pending and has been put forward in do so would be a serious mistake. on the circuit court ought not to be order to fill the vacancy. First, a brief history leading up to the sub- ject of whether these two existing vacancies filled. Now, with the taking of senior Now, Judge Ervin, in his testimony, should or should not be filled; status by one of the D.C. circuit’s sets forth, I think, a very persuasive On October 9, 1985, when the late Harrison judges, we are talking about filling the case why the fourth circuit needs to Winter was our Chief Judge, the circuit 11th spot, not the 12th spot, on that have those vacancies filled. I commend judges, with a single dissent, voted to ask for

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2528 CONGRESSIONAL RECORD — SENATE March 19, 1997 four additional active judges for the Fourth made—actually this is a matter for the exec- normally follow in addressing judge- Circuit. utive and legislative branches to deter- ship needs, jeopardizes the impartiality On October 4, 1989, we again indicated by mine—but it seems to be the fair thing to do and independence of the judiciary. another formal action that while we did not for the following reasons: Merrick Garland’s nomination was a. North Carolina is the most populous desire a court of more than 15 active judges, first delivered to the Senate on Sep- we unanimously reaffirmed our earlier re- state in the circuit. quest for four additional judges. b. North Carolina has one of the highest tember 6, 1995—more than 18 months Legislation was passed in 1990 authorizing numbers of filings in the district courts in ago. The Judiciary Committee held a a number of additional judgeships, including the circuit. confirmation hearing on the nomina- four new circuit court judges for the Fourth c. North Carolina, like West Virginia, has tion on November 30, 1995, and for- Circuit. Thereafter, three of these so-called had only two seats, while both Virginia and warded the nomination for consider- Omnibus Bill judges were nominated and Maryland have three each, and South Caro- ation by the full Senate 2 weeks later. subsequently confirmed: Judge Hamilton lina has four. Filling the two existing vacan- The full Senate failed to act on Gar- (S.C.) in July, 1991; Judge Luttig (V.A.) in cies from North Carolina would do no more land’s nomination for 91⁄2 more months, August, 1991; and Judge Motz (M.D.) in June, than to restore that state to parity with our 1994. sister states. I point out that should I decide however, returning it to the President The fourth (and final) Omnibus Bill judge- to take senior status—as I am eligible to at the close of the 104th Congress. ship has remained unfilled since it was cre- do—North Carolina would have no active In fact, the Senate refused to confirm ated in December, 1990. As of this date, there judge. That situation would create some in- a single circuit court judge during the is no pending nomination for this vacancy, surmountable problems for both the bar and entire second session of the last Con- and I believe that this is the only 1990 circuit litigants of that state. gress. This was the first time in more judgeship that remains unfilled. d. While it has been suggested to me that than 20 years that an entire session of The second Fourth Circuit vacancy was this imbalance could be remedied by assign- Congress had passed without a single ing seats now held by judges from other created when Judge J. Dickson Phillips, Jr., circuit court confirmation. Nonethe- of North Carolina, took senior status, effec- states to North Carolina as they are opened tive July 31, 1994. More than two and one- by death or retirement, that seems an unpre- less, some argued that shutting down half years later, the Honorable James M. dictable solution—especially in the present the confirmation process is par for the Beaty, Jr., a District Court Judge in the political climate. course in an election year. They are Middle District of North Carolina, was nomi- Above all else, I seek to be as sure as it is wrong. And let me set the record nated to succeed Judge Phillips, but no ac- humanly possible to be that our circuit has straight. tion has been taken on that nomination by a sufficient number of judges to enable us to George Bush made nearly one-third the Senate Judiciary Committee. render swift and certain justice in all of the of his 253 judicial nominations in 1992, To my knowledge, the judges of the Fourth cases that come before us. Some recent legis- a Presidential election year. As chair- lation and our adoption of new internal oper- Circuit have never taken any formal action man of the Judiciary Committee, I held to indicate an unwillingness to stand by our ating procedures may well reduce our case- requests that these two vacancies be filled. load to some degree but countervailing cir- 15 nomination hearings that year, in- In order to evaluate the Circuit’s needs for cumstances, including the continuation of cluding 3 in July, 2 in August, and 1 in these two judgeships, I suggest that we must the federalization of numerous state crimes, September. In 1992—the last Presi- realistically assess our present situation: the creation of new private rights of action, dential election year—the Senate con- Present Active Judges: At this time, the the rapid population growth of the region, tinued to confirm judges through the Fourth Circuit has 13 active judges. Five of and the increased complexity of both the waning days of the 102d Congress. We these judges are 70 years of age or older. criminal and civil cases now coming to the even confirmed 7 judges on October 8— Their present ages are: 90, 78, 76, 73, and 70. federal courts (to mention only a few of the Is it realistic to expect that all of these relevant factors) will, I fear, more than off- the last day of the second session. As a judges will be able to continue to serve in- set any decreases in our workloads. I do be- result, the Senate confirmed all 66 definitely? lieve that we would have sufficient personnel nominees the Judiciary Committee re- Present Senior Judges: The last printed re- to enable us to do the work that is assigned ported out that year—55 for the dis- port from the Administrative Office is out- to us in a fashion acceptable to all if these trict courts and 11 for the circuit dated in reflecting that we have 4 senior two vacancies are filled—at least for the courts. Let me repeat: last session, judges. One of the four retired on July 31, foreseeable future. only 17 district judges were confirmed 1995, and is no longer eligible to sit. Mr. Chairman, in the Questionnaire which and no circuit judges were confirmed. Another has indicated that he does not you sent to the members of the judiciary Now that the election is over and plan to sit any more. The remaining two, some time ago, you raised the legitimate whose current ages are 79 and 74, have each question of whether we as judges were being Merrick Garland has been renomi- been sitting 2 days per court week, thereby required by our respective workloads to dele- nated, Republicans argue that we constituting 4/5 of one judge. gate more of our judicial functions than was should not vote to confirm him because Necessary Panels: For the past several ideal—or even healthy—to elbow law clerks, the District of Columbia circuit needs years, we have been averaging 5 panels of staff law clerks or other non-judicial em- only 10 judges. They are wrong. And let judges each court week. With our present ployees. I was not privy to the answers my me set the record straight. complement of active and senior judges, we colleagues returned to those questions, but I Congress has previously recognized lack a sufficient number of judges to fill 5 strongly suspect that many of us would the need for 12 judges. Twelve years panels without bringing in district judges admit that the degree of delegation required ago, based on the recommendation of from our own circuit or senior judges from in the courts of appeals is greater than is the Judicial Conference of the United other circuits. ideal. Speaking only for myself, I would like Current Statistics: Rather than burden you to be able to devote greater personal atten- States, Congress concluded that the with more numbers, I will simply refer to the tion to every matter that comes before me D.C. circuit’s caseload warranted 12 latest figures published by the Administra- than I am now able to do. judgeships. The Senate report to the tive Office. I am confident that those statis- I sincerely believe that our present ability 1984 legislation creating an additional tics fully justify the filling of the two exist- to carry out our duties in a manner pleasing judgeship states: ing vacancies. In fact, as I understand it, if to this Subcommittee, to the public, and to Located at the seat of the Federal govern- the numerical portion of the existing for- ourselves would be enhanced by the filling of ment, the Court of Appeals for the District mula were applied (the 500 filings per panel these two long vacant positions. of Columbia inevitably receives a significant with pro se appeals weighted as one-third of Mr. BIDEN. Mr. President, 2 of the 12 amount of its caseload from federal adminis- the cases) the Fourth Circuit would be eligi- seats on the District of Columbia Court trative agencies headquartered in that area. ble to receive 20 judgeships. We have never Administrative appeals filed in this court requested more than 15. of Appeals are currently vacant. Some have argued that the vacancy to which numbered 504 in 1982 and represented 34.8 North Carolina: I note that Judge Gibbon’s percent of the incoming caseload. Due to the Judicial Resource Committee has listed as a Merrick Garland has been nominated nature of the caseload which includes many factor to be considered in allocating judge- should not be filled because the D.C. unique cases involving complex legal, eco- ships, geographical considerations within a circuit is overstaffed. But the reasons nomic and social issues of national impor- circuit. At the risk of being thought provin- Congress gave for approving 12 seats tance and a large backlog of pending appeals, cial, I emphasize the special impact that a for the D.C. circuit remain compelling this court requires one additional judgeship. failure to fill the two presently unfilled seats on the Fourth Circuit will have on North today and justify filling this vacancy. The D.C. circuit needs 12 judges to Carolina. The expectation has been that Further, to propose eliminating a cir- handle its complex caseload. A large these seats would be assigned to that state. cuit court judgeship within the context portion of the D.C. Circuit caseload I, of course, recognize that there is no law of a particular nomination, rather than consists of complex administrative ap- which requires that this allocation be through the deliberative process we peals which generally consume a larger

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2529 amount of judicial resources than this nomination. If ad hoc analysis be- cial temperament; whether the nomi- other appellate cases. Therefore, com- comes our mode of operation, we will nee possesses the highest personal and parison of raw caseload data between give the appearance of a politicized ju- professional integrity, and whether the the D.C. circuit, with its high percent- diciary. nominee will protect our core constitu- age of complex administrative cases, I congratulate Merrick Garland for tional values. and the other circuits is misleading. his distinguished career and commend I believe that Mr. Garland possesses According to the statistics provided by President Clinton for making this nom- all of these qualifications. His legal the Administrative Office of U.S. ination. I hope that the Senate will act and academic record are exemplary. I Courts for the period from September to confirm him as expeditiously as pos- am impressed that he has devoted part 30, 1995 to September 30, 1996, 1,347 sible. of his career to public service. He cases were filed in the D.C. circuit, 474 Mr. BURNS. Mr. President, I rise served as the Principal Associate Dep- of which—or 35.2 percent—were admin- today to express my opposition to the uty Attorney General in the Depart- istrative appeals. In contrast, in the re- confirmation of Merrick Garland to the ment of Justice. And he clerked after maining 11 circuits, of the 51,991 cases D.C. circuit. law school for one of the most distin- filed, only 2,827—or 5.4 percent—were Even though the nominee has the guished Supreme Court Justices, Jus- administrative appeals. character and is highly qualified for tice William J. Brennan, Jr. The D.C. circuit has a long time in- the position, there is a larger question He’s also done extensive pro-bono terval between filing a notice of appeal that must be examined. Does this seat legal work on behalf of disadvantaged and final disposition. Because the D.C. really need to be filled? Especially individuals. He has represented an Afri- circuit has this incredibly high per- since it has remained empty for 11⁄2 can-American employee in a claim of centage of administrative appeals rel- years? racial discrimination, a mother in a ative to the other circuits and because The answer is that the D.C. circuit custody dispute, and court-requested these types of cases require tremen- does not need another seat, especially representation of a prisoner. dous amounts of judicial resources, when there are many other problems in I urge my colleagues to support Mr. Garland’s nomination to the U.S. Court litigants in the D.C. circuit must wait the other district circuits that have of Appeals D.C. Circuit. I hope that an average of 12 months between the not been focused on yet. I base my once Mr. Garland is confirmed, we can filing of the notice of appeal and final opinion on the fact that the D.C. cir- move forward to a vote on the other disposition. Only 3 of the 12 circuits cuit had 4,359 cases as of October 1996. The ninth circuit, the circuit in which pending Federal judicial nominees. have a longer average for this time Mr. FAIRCLOTH. Mr. President, I Montana is housed, had 71,462 cases. frame. rise today to vote ‘‘no’’ on the nomina- The fact that the D.C. circuit has a That is almost 20 times the number of tion of Merrick Garland to the U.S. long time interval between filing and cases. The D.C. circuit ranked last in Court of Appeals for the District of Co- disposition is indicative of the complex the total number of cases as compared lumbia Circuit. cases that the circuit handles. Other to each of the other district circuits in In so voting, I take no position on circuits have more criminal appeals the Nation. If we examine these num- the personal qualifications of Mr. Gar- and garden-variety diversity cases that bers, it does not seem as if the D.C. land to be a Federal appeals court often are amenable to summary dis- judges are handling any cases at all. judge. What I do take a position on is position without oral argument. This is also a very expensive seat. It that the vacant 12th seat on the U.S. The D.C. circuit has fewer pro se ap- will cost the American taxpayers an Court of Appeals for the District of Co- peals than other circuits. In addition extra $1 million to fill this seat. This lumbia Circuit does not need to be to having fewer criminal appeals and will not be money well spent. filled. Senator CHUCK GRASSLEY, Chair- diversity cases, the D.C. circuit has a There are adequate numbers of man of the Senate Judiciary Commit- lower percentage of pro se mandamus judges on the circuit, why are we con- tee’s Subcommittee on Administrative cases than all other circuits. Chief firming this seat? I urge my colleagues Oversight and the Courts, has exam- Judge Edwards has noted that pro se to examine the numbers and vote ined this issue thoroughly, and has de- appeals are often frivolous, easily iden- against the filling of this unneeded termined that the court’s workload tified as lacking merit, or otherwise seat. does not justify the existence of the amenable to disposition without sig- Ms. MIKULSKI. Mr. President, I rise 12th seat. Last Congress, Senator nificant expenditure of judicial re- today in support of the nomination of GRASSLEY introduced legislation to sources. Merrick Garland to the U.S. Court of abolish this unneeded seat. By pro- The D.C. circuit has more cases of Appeals for the D.C. circuit. Mr. Gar- ceeding to renominate Mr. Garland, national importance than other cir- land is a resident of my State of Mary- President Clinton has flatly ignored cuits. Not only are complex adminis- land. this uncontradicted factual record. trative appeals commonly heard in the I am pleased that his nomination is I commend Senator GRASSLEY for his D.C. circuit, but as a result of its loca- finally on the Senate floor for a vote. important work on this matter, as well tion at the seat of the Federal Govern- It is critical that vacancies on the Fed- as Senator JEFF SESSIONS, who has also ment, the D.C. circuit also hears a dis- eral bench are filled, especially at the emphasized the importance of this proportionate number of the high-pro- appellate level. matter. With the Federal deficit at an file cases of national importance that Mr. Garland has a distinguished legal all time high, we should always be vigi- reach the U.S. Courts of Appeals. The record in the public and private sec- lant in looking for all opportunities to D.C. circuit decided in 1996 alone Na- tors. He has specialized in criminal, cut wasteful Government spending; tional Treasury Employees Union civil, and appellate litigation, as well this is one such opportunity. After all, versus United States of America, a as administrative and antitrust law. I each unnecessary circuit judge and his challenge to the constitutionality of believe his experience will serve him or her staff cost the taxpayer at least the Line-Item Veto Act, as well as well on the Federal bench once he is $1 million a year. Perot versus Federal Election Commis- confirmed. Lastly, our vote today is an impor- sion, an appeal from a district court’s Mr. Garland is a magna cum laude tant precedent, since it marks the be- rejection of Ross Perot’s attempt to graduate of Harvard Law School and a ginning of the Senate’s new commit- participate in last year’s Presidential summa cum laude graduate of Harvard ment to hold rollcall votes on all judi- debates. College. While at Harvard Law School, cial nominees. This is a policy change The same reasons that supported the he was the articles editor of the Har- which I had urged on my Republican creation of a 12 judgeship for the D.C. vard Law Review and a member of the colleagues by letter of January 8, 1997, circuit in 1984 justify its existence now. prestigious Phi Beta Kappa, while he to the Republican Conference. Voting If reasoned deliberation and study of attended Harvard College. on Federal judges, who serve for life this circuit leads to the conclusion When I decide whether to support a and who exert dramatic—mostly un- that a future vacancy should not be judicial nominee, I look at whether the checked—influence over society, filled, then we should address that nominee is competent; whether the should be one of the most important issue, but not within the context of nominee possesses the appropriate judi- aspects of serving as a U.S. Senator.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2530 CONGRESSIONAL RECORD — SENATE March 19, 1997 Rollcall votes will, I believe, impress on the Harvard Law Review and was the kind of record that Merrick Gar- upon the individual judge, the indi- the Articles Editor there. He has an ex- land has. Those writings are just ex- vidual Senator, and the public the im- traordinary record of publications, on traordinary. It takes long hours and portance of just what we are voting on. the issue of Antitrust, in the Yale Law extraordinary study to turn one of I hope that my colleagues will regard Journal. And I might say, Mr. Presi- those articles out, and there is a wide this vote, and every vote they take on dent, that this nominee exhibited per- array of issues that he has written on. a Federal judge, as being among the haps his best judgment in associating He could be making a lot of money. He most important votes they will ever himself with Yale Law School on the is currently in public service and he is take. article, then going on into FTC inves- prepared to go to the court of appeals The PRESIDING OFFICER. The tigations, the controversial veto issue, at the age of 45. We need judges in Chair recognizes the distinguished Sen- professional responsibility and com- America with real intellectual abili- ator from Utah. mercial speech. It is really an extraor- ties. We need judges like Holmes and Mr. HATCH. Mr. President, we should dinary, extraordinary record. This Brandeis and Cardozo on the courts of inform the Senate that our intent is to man, at the age of 45, coming into the the United States. We need them on yield back the time if we can by 5:15 so court of appeals, may well be a distin- the Supreme Court of the United people can vote at that time. It could guished prospect for the Supreme States. This is a real prospect. We be just a wee bit longer than that. That Court of the United States. ought to get him up and out. is our intention. Those who want to Beyond his record in school and his I yield the floor. come over and use the time need to writings, he was law clerk to a very Mr. KENNEDY addressed the Chair. come now. distinguished circuit judge, Judge The PRESIDING OFFICER. The I yield 10 minutes to the distin- Harry Jay Friendly, and he served as Chair recognizes the distinguished Sen- guished Senator from Pennsylvania, law clerk to Supreme Court Justice ator from Massachusetts. who is a distinguished member of the William Brennan, Jr., and was a part- Mr. KENNEDY. Will the Senator Judiciary Committee. ner of distinguished law firms, and yield me 5 minutes? Mr. LEAHY. Yes. Mr. LEAHY. Will the Senator yield worked as a prosecuting attorney. He for a moment? Mr. KENNEDY. Mr. President, I sup- now serves as Deputy Assistant Attor- port the nomination of Merrick Gar- Mr. HATCH. I yield. ney General of the United States in the PRIVILEGE OF THE FLOOR land for the vacancy on the D.C. cir- U.S. Department of Justice, in the cuit, and I am concerned that it has Mr. LEAHY. Mr. President, I ask Criminal Law Division, where I have taken more than 18 months for the unanimous consent that Victoria had occasion to work with him on a nomination to reach the Senate floor. Bassetti of Senator DURBIN’s staff be professional basis. He just is an ex- No one can question Mr. Garland’s allowed the privilege of the floor dur- traordinary prospect for the court of qualifications and fitness to serve on ing this debate. appeals. the D.C. circuit. He is a respected law- The PRESIDING OFFICER. Without He has not been treated very gently yer, a former Supreme Court law clerk, objection, it is so ordered. in the confirmation process, having a partner at a prestigious law firm, and The Senator from Pennsylvania. been nominated in September 1995. He since 1989, has served with distinction Mr. SPECTER. Mr. President, I passed through the Judiciary Com- in the Department of Justice under thank my colleague, the distinguished mittee in the 104th Congress and was both Republican and Democratic ad- chairman of the Judiciary Committee, kept off the agenda by a single hold. ministrations. for yielding me time. That is when a Senator voices an objec- Support for him is bipartisan. We I have sought recognition to voice tion without stating a reason, or per- have received letters of support from my very strong support for the nomi- haps multiple holds, but I know a sin- numerous Reagan and Bush Justice De- nation of Merrick Garland for the gle hold stood in his way. partment officials, including former Court of Appeals for the District of Co- I compliment the majority leader, Deputy Attorneys General George lumbia. Mr. President, a great deal has Senator LOTT, for bringing his nomina- Terwilliger and Donald Ayers, former been said today on this floor which is tion to the floor at this time so that he Office of Legal Counsel Chief Charles of great importance but not really tre- may be acted upon, yes or no. He really Cooper and former U.S. Attorneys Jay mendously related to Merrick Gar- is extraordinary, and I think he has a Stephens, Joe Whitley, and Dan Webb. land’s nomination. I hope we have a remarkable career ahead. I am de- Jay Stephens, who was U.S. attorney chance to analyze the entire process of lighted to offer my voice of strong sup- when Garland served at that office in confirmation of judges and the respec- port for his confirmation. the District of Columbia, called Gar- tive roles of the President and the Sen- I thank the Chair. I thank my col- land a person of ‘‘dedication, sound ate, because the President has the league from Utah. I yield the floor. judgment, excellent legal ability, a bal- nominating authority and the Senate The PRESIDING OFFICER. The Sen- anced temperament, and the highest has the constitutional authority for ator from Vermont. ethical and professional standards.’’ confirmation. There are a great many Mr. LEAHY. I also want to thank the The National District Attorney’s Office things that ought to be done on both distinguished senior Senator from supports his nomination, calling Gar- sides to expedite the nomination and Pennsylvania because he was also the land an excellent lawyer, brilliant confirmation of judges. decisive Senator who came in and scholar, and a man of high integrity.’’ In my own State, Pennsylvania has made the quorum at the time we voted There can be no serious doubt about quite a number of vacancies now, and I Mr. Garland out of committee. Some- his ability to serve as a fair and impar- have been in discussions with the times we forget those little procedural tial judge on the D.C. circuit. President’s representatives at the things we have to do just to get here on Why then, has it taken 18 months to White House about trying to get these the floor. bring this nomination before the U.S. nominations filled. There is something Mr. SPECTER. I thank my colleague Senate? And why is it that no other ju- to be said on many sides of this issue. from Vermont for making that com- dicial nominees have been brought be- The matter confronting the Senate ment. I had presided over Merrick Gar- fore the Senate? now is, what are we going to do with land’s confirmation proceedings in the In fact, only 17 judges—all for dis- Merrick Garland? His record is extraor- 104th Congress. It was hard to find a trict court appointments—were con- dinary. I have been on the Judiciary Senator when I came in that afternoon. firmed during all of 1996. Obviously, Committee going into my 17th year I found out Merrick Garland was there that was a Presidential election year. and I do not believe I have seen a nomi- and five other people. It was an inter- But the slow-down in acting on judicial nee with the qualifications that this esting afternoon. We had a great many nominations was unprecedented. In man has. responsibilities. 1992, when President Bush was seeking He graduated from Harvard College, I went to law school not too long ago reelection, the Senate, under control of summa cum laude, was Phi Beta and I know what it is like to be on the the Democratic Party, still confirmed Kappa, and graduated from Harvard law review. They call it the Law Jour- 66 district court and appellate court Law School, magna cum laude. He was nal at Yale. It is remarkable to have judges.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2531 Justice delayed is justice denied. The court’s backlog is also growing. D.C. Circuit Court of Appeals. It is in- Thousands of Americans with legiti- In 1984, when the 12th seat was added, teresting today in this debate that mate grievances cannot get their day the court had a backlog of 1,200 cases. many people have spoken and no one in court, because judicial vacancies are Today, that backlog exceeds 2,000 has questioned his integrity nor his not being filled and current Federal cases, despite a bench that is highly re- ability. He was born in Chicago, grad- judges don’t have the time to hear spected for its intellect and dedication. uated from Harvard College magna their cases. It’s hard to crack down on As former Republican Senator Charles cum laude, Harvard Law School and, as crime when there are not enough Mathias stated on behalf of the non- has been said by other speakers, had a judges to enforce the laws that Con- partisan Council for Court Excellence, distinguished career both as a lecturer gress passes. ‘‘It is in the public interest for the D.C. at Harvard Law School and partner in Many of us are concerned about the Circuit to have its full complement of a prestigious firm, and then pros- harsh partisanship that is being ap- twelve active judges.’’ ecuting cases in the District of Colum- plied to the judicial nomination proc- It is time to end the excessive par- bia during the past few years, served as ess. Republicans in the Senate have or- tisanship over judicial nominations. I well in the Department of Justice. ganized an ad hoc Republican task hope very much that our action on Despite Mr. Garland’s obvious and force to develop procedures for screen- Merrick Garland is a sign that the un- many qualifications for this job, we ing judges. They have rejected a formal acceptable log jam is breaking and must vote on whether he will serve on role for the American Bar Association that the Senate is now returning to its the D.C. Circuit Court of Appeals. in assessing candidates. Republicans proper role of advise and consent, not Frankly, we should leap at the oppor- are seeking to force the President to partisan obstruction, in the consider- tunity to have him on that court. But conduct the real debate with them be- ation of judicial nominations. we are not here today to consider the significant contribution Mr. Garland’s hind closed doors—nominee by nomi- So, again, Mr. President, I join with appointment could have to the D.C. cir- nee—to make sure each person the those that are urging the Senate’s fa- cuit. Rather, we are focusing on wheth- President names meets an ideological vorable consideration of this extraor- er the D.C. circuit needs 11 judges rath- litmus test. In fact, some have sug- dinary nominee. This is an individual er than 10 judges. gested a quota system, in which half of who has been willing to be put forward I submit that this debate is not just all judicial nominations come from Re- now for over some 18 months. He has about numbers. It is about the admin- publicans in Congress and half from appeared before the committee and, as istration of justice; the fair, prompt, President Clinton. has been pointed out, his record is one equitable, and thorough administration If the Federal courts were a business, of special recognition, a brilliant aca- of justice is at stake. In all fairness, I they would be in bankruptcy. There are demic record, a strong commitment to must confess that I would rather err on over 90 vacancies in judgeships today. public service. He has served under the side of too many judges than too In his 1996 annual report, Chief Justice both Democrats and Republicans. He few. I would rather have too many Rehnquist criticized Congress failure has been an extraordinary success in judges doing too thorough and too last year to create additional Federal the private sector, as well. thoughtful a job than too few judges judgeships and called it a shortcoming. I don’t think I have seen, in recent rushed and careless in frantic efforts to The Administrative Office of the U.S. times, the range of different support handle their caseload. No one but the Courts has requested an additional 20 that this nominee has for this position. most shortsighted argues that the D.C. temporary positions on the courts of It is breathtaking in its scope. And the circuit does not need this 11th judge. appeals and 21 permanent and 12 tem- background of this individual has Indeed, last year when the debate porary positions in the district courts urged us to move forward with this turned on whether a 12th judge was to address the heavy backlogs that are nomination. We are extremely fortu- needed, the Reagan-appointed Judge piling up. nate in the district circuit court to be Silberman was often cited in support of In the case of Merrick Garland, some able to have someone of this quality. the effort to cut that 12th seat. How- Republicans argue that we do not need As has been pointed out, it is a special ever, he recently wrote to the Judici- to fill either of the two current vacan- court, really second in special recogni- ary Committee and said, ‘‘I still be- cies in the D.C. circuit, because the tion to the Supreme Court of the lieve we should have 11 active judges.’’ caseload is too light. Many nonpartisan United States, in terms of the com- So why are we arguing about this 11th observers regard the D.C. circuit as the plexity of the cases that we require seat today? second most important court in the this court to resolve. Some argue that D.C. circuit judges United States, after the Supreme So, Mr. President, I join with all of handle fewer cases per judge than any Court. There currently is only one sen- those and urge a positive vote in favor other circuit. I won’t make an analogy ior judge to assist the other 10 mem- of this extraordinary nominee. Merrick to the Supreme Court in the number of bers of the Court. Garland will be an outstanding jurist, cases that they handle. We know they In terms of both quantity and quality as everything in his life has reflected. are cases of great moment, and they of its caseload, the D.C. circuit ranks He has been an outstanding individual. should have the time to deliberate among the Nation’s busiest. It handles I remember very clearly the quote of them in an appropriate manner. But a disproportionately high proportion of Senator Mathias, who was a very the smaller number of cases per judge cases of national significance involving prominent, significant member of the is an inaccurate way of measuring the intricate legal issues. Complex admin- Judiciary Committee, who took great work of the D.C. circuit judges. Let me istrative appeals were 38 percent of the interest in the quality of justice in this say, at the outset, that we cannot over- caseload of the D.C. circuit during fis- country and the quality of individuals. look the fact that this circuit, more cal year 1995, as compared with only 5.5 He has joined in urging that we move than most—probably more than any— percent in other circuits. forward with this nominee and put him has many administrative appeals to By contrast, pro se appeals, which on the court, where he will serve this consider. As the Federal appeals court are generally the easiest to resolve, country with great distinction. I join sitting in the Capital, the D.C. circuit constituted only 11.8 percent of the my other colleagues in hoping that the handles the lion’s share of administra- D.C. circuit’s caseload in 1995, by far vote for him will be overwhelming. It tive appeals. the lowest percentage of any circuit in deserves to be. I think we will all be This chart that was prepared gives an the country. well served with his continued dedica- idea of the administrative agency ap- Diversity cases, which less often tion of public service on the court. peals filed per judge in all the Federal raise complex and time-consuming I yield the floor. circuits across the United States. If issues, constituted only 13.6 percent of Mr. LEAHY. Mr. President, I yield 10 you will note, D.C. circuit has 56 ap- the D.C. circuit’s caseload in 1995, com- minutes to the distinguished Senator peals filed per judge. Most other cir- pared with 30 percent in the other cir- from Illinois. cuits are in the teens—the eighth cir- cuits. So the charts and graphs that Mr. DURBIN. Mr. President, I rise cuit, only 8; the ninth circuit is 37. But some of our Republican colleagues are today to support the nomination of it is a significantly different caseload using do not tell the whole story. Merrick Garland to be judge on the that faces the judges in these circuits.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2532 CONGRESSIONAL RECORD — SENATE March 19, 1997 For those who are not familiar with treated fairly. If those vacancies are Garland’s current boss also lauds him. ‘‘He these administrative cases, I suggest not filled with honest and competent has enormous personal and intellectual in- that you not dismiss them because of individuals in a timely manner, it is a tegrity, impeccable legal credentials, a great disservice to this country. breadth of experience in both public and pri- the word ‘‘administrative.’’ Let me vate sectors, and the personality and de- show you what I mean. This is a file for I think we should move and move meanor that you’d expect in a judge,’’ says one administrative law case that a quickly to approve this nomination of Gorelick, who acknowledges that she is a judge must pore through to come to a Merrick Garland. I hope that his pa- strong backer of Garland’s but declines to good conclusion. tience will be rewarded today, as it discuss whether he is definitely the adminis- Let me show you another thing. This should be. I am certain, based on his tration’s nominee. ‘‘He is very thoughtful, is is a pro se petition from a prisoner in background and all that I have come to good at listening to all points of view, and jail. There are many of these that are know of him and my personal meeting makes decisions on the merits.’’ Attorney filed across the country. But consider with him, that he will make an ex- General Janet Reno also thinks highly of Garland, Gorelick says. the gravity and the challenge of this traordinary contribution. The widespread praise Garland garnered administrative appeal, as opposed to We need the 11th judge in the D.C. for his thorough and evenhanded leadership this rather smaller appeal in terms of circuit to handle this mountain of ad- during the critical initial investigation into volume. So these judges who serve in ministrative appeals. How many people the Oklahoma City bombing also hasn’t hurt this circuit really bear an unusually will come to us and complain, ‘‘Oh, the his chances for a nomination to the federal large responsibility in extremely tech- case is in court, and it is going to take bench. A Republican staffer on the Senate Judici- nical cases. Over the last 3 years, for forever. What is going on, Senator? What is going on, Congressman? Why ary Committee declines to discuss Garland’s which data is available, 45.3 percent of chances for confirmation, other than to say the cases filed in the D.C. circuit were aren’t the courts more responsive?’’ that the committee has received no opposi- administrative appeals of the size and Part of the problem is that the bench is tion in anticipation of a Garland nomina- complexity that I have just noted, vacant, the judges aren’t appointed, tion. compared with an average of 5.9 per- and the caseload that has been imposed Garland, a 1977 magna cum laude graduate cent outside the D.C. circuit. on these judges is overwhelming. of Harvard Law School who clerked for Let me also add here that I could go We can take care of one circuit today famed 2nd Circuit Judge Henry Friendly in addition to Brennan, declines comment. into detail, but I will not because I by the appointment of this fine man to fill this seat. Mikva was out of town and could not be know it is the intent of the Chair to reached for comment. move this matter to a vote very quick- Thank you, Mr. President. Garland’s reputation as a nonideological ly. I also want to comment for a mo- Mr. LEAHY addressed the Chair. thinker may have helped him win the nomi- ment on the period of time that this The PRESIDING OFFICER. The Sen- nation over Peter Edelman, who last fall was very able nominee has waited for con- ator from Vermont. reportedly the White House’s top pick for the Mr. LEAHY. Mr. President, I ask firmation. It is unfortunate. In fact, it D.C. Circuit vacancy. Edelman, who is cur- unanimous consent that an article is sad, and it borders on tragic, that rently counselor to Health and Human Serv- from the Legal Times of August 1995 ices Secretary Donna Shalala, was a favorite men and women who are prepared to regarding Mr. Garland be printed in the of the more liberal ranks in the Democratic give their lives to public service, who RECORD. Party, but he immediately drew opposition have gone through a withering process There being no objection, the mate- from conservatives—including Sen. Orrin of investigation, by the FBI, by the Ju- rial was ordered to be printed in the Hatch (R–Utah), chairman of the Senate Ju- diciary Committee, by the White diciary Committee, who believed Edelman to RECORD, as follows: House, by the American Bar Associa- be too radical and too activist in his ap- [From the Legal Times, Aug. 7, 1995] tion, and so many others, still must proach to the law. Opposition to Edelman GARLAND: A CENTRIST CHOICE wait over a year, in many cases, for only intensified after the GOP’s sweeping (By Eva M. Rodriquez) victory in last fall’s midterm election. their nominations to be considered by He was schooled at Harvard in administra- Edelman, according to two lawyers in- the Judiciary Committee and by this tive law by moderate professor-turned-Jus- volved in the judicial-selections process, is Chamber. tice Stephen Breyer, and took his antitrust likely to be nominated for one of the two va- I will tell you, a few days ago it was training from conservative Philip Areeda. cancies on the U.S. District Court here. But my good fortune to speak to a group of He earned his prosecutorial stripes under D.C. Del. Eleanor Holmes Norton, whose ju- judges at the Supreme Court Building. Jay Stephens, the hard-charging Republican dicial nominating commission has forwarded As I walked through that building and U.S. attorney in the District and former dep- names to Clinton for previous D.C. federal saw the busts of great jurists who have uty counsel to President Ronald Reagan. court vacancies, may have candidates of her own. The commission will accept applica- served this country, I wondered how And he cut his teeth in the private sector as a partner at Arnold & Porter, one of the tions for the two vacancies until August 11. many of them could pass the test that city’s wealthiest and most influential firms. The two sources say Clinton is likely to we now impose on nominees today, how At first blush, Merrick Garland may seem nominate Garland before Congress breaks for many of them would be willing to en- like a solid-judicial pick for a Republican the August recess. The two sources also say dure that test and to say that their president. But according to two administra- that the president may decide to submit a family, friends, colleagues, and others tion sources, the 42-year-old top aide to Dep- package of D.C. nominees, including one for that their lives will be on hold waiting uty Attorney General Jamie Gorelick is al- the appeals court vacancy and another for most certain to be President Bill Clinton’s one of the two open seats on the District for some decision from Capitol Hill. It Court. One trial court vacancy was created does a great disservice to this country third nominee to be the prestigious U.S. Court of Appeals for the D.C. Circuit. in June when Judge Joyce Hens Green took and to the judiciary for us to create a Although Garland has his share of liberal senior status; the other came open when process that is so demanding that ordi- credentials—including a coveted clerkship Judge Harold Greene followed suit earlier nary people would be discouraged from with retired Supreme Court Justice William this month. trying. Brennan Jr.—he is almost sure to be a much Others mentioned as possible contenders We have, in this case, an extraor- more middle-of-the-road jurist than the man for a District Court seat include Brooksley dinary individual, Merrick Garland, he would replace, former Chief Judge Abner Born, a partner at D.C.’s Arnold & Porter who is said to have very strong support who has waited patiently now for over Mikva, who retired from the D.C. Circuit last fall to take the job of White House counsel. among women’s groups, and U.S. Attorney a year to be considered by this Judici- News of Garland’s near-lock on the nomi- Eric Holder, Jr., who is a former D.C. Supe- ary Committee and by this U.S. Sen- nation has left a smattering of liberals pri- rior Court judge and at one time was men- ate. vately grumbling that he is too conservative. tioned as a possible appeals court nominee. I hope those on the other side will But his nonideological approach and his easy Mr. LEAHY. Mr. President, I thank make an effort to overcome the prob- rapport with both liberals and conservatives the distinguished Senator from Illinois. lems that we have seen over the past has earned Garland high praise from people His dramatic showing of the difference year. We really have to address the fact on both sides of the aisle. between the pro se appeals that many that there are so many vacancies on ‘‘I think he is a very talented lawyer,’’ courts handle and the complexity of says Garland’s former boss Stephens, now a Federal benches across this country— partner at the D.C. office of San Francisco’s the administrative issues that the Dis- not just in the District of Columbia but Pillsbury, Madison & Sutro. ‘‘He’s bright, en- trict of Columbia Circuit Court of Ap- almost 100 nationwide—vacancies that ergetic, and he has a very balanced de- peals handles is very instructive for us. need to be filled so that people will be meanor.’’ Everybody talks about caseloads. Some

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2533 cases are handled in a matter of min- the circuit is a little different. I grant Court of Appeals. He said that they utes. Others take months. They each that. have 575 cases per judge, and that they count for one case. He has dem- I agree with the point made in a cannot handle any more cases. I was onstrated that in the District of Co- hearing I held on the District of Co- involved in a 7-week trial of a criminal lumbia circuit, because of its unique lumbia circuit in my subcommittee. case that I personally prosecuted. In nature, many of them count for a The point is that other circuits—the the course of that trial 18,000 pages of month. second circuit in particular—have a transcript were generated, and when Mr. President, I withhold the remain- large percentage of complicated cases. the case was heard on appeal, there der of my time. In the second circuit, those cases are were 20 or more issues involving 5 or Mr. GRASSLEY addressed the Chair. complex, commercial litigations com- more defendants. Many of these crimi- The PRESIDING OFFICER. The Sen- ing out of New York City. But you do nal cases are extremely difficult. ator from Iowa. not hear people complaining that the I will also point out that the elev- Mr. GRASSLEY. Mr. President, my total staffing level of the second cir- enth circuit includes the southern dis- good friend from Illinois, the distin- cuit should not be determined accord- trict of Florida which probably has, guished Senator, has just spoken. I ing to those statistics. outside of New York and California, would just observe that more govern- So I believe that complexity of cases the largest number of complex crimi- ment isn’t necessarily better govern- in the D.C. circuit is overstated. It nal cases, in particular international ment, and, also, in the sense of justice really is a nonargument when the num- drug smuggling cases, of any circuit in more judges do not automatically ber of agency cases has declined by 23 America. Those cases are sent to the guarantee better justice. I can remember from my service, percent in the last year. Moreover, now eleventh circuit and yet they can man- being appointed by the Chief Justice in the District of Columbia circuit has a age their caseload in this fashion. I 1989, I believe it was, to a 2-year study, senior judge. That happens to be a think it is a remarkable accomplish- the only study we have ever had, of the former member of this body, Judge ment. The fourth circuit, with 378 cases per Federal judiciary that we were looking Buckley. Since senior judges must and projecting what number of cases carry at least a one-third caseload, and judge, has the fastest turnaround of were going to have to be filed over the they typically carry a one-half case- any circuit in America. We talk about the need to move cases next couple of decades. The only con- load, it is fair to consider the District 1 rapidly, and it is argued that we need clusion you could come to, if those fig- of Columbia circuit as having 10 ⁄2 more judges to move cases rapidly. ures were accurate—and, so far, they judges right now when the ratio says 1 How is it that the fourth circuit, with have been proven to be accurate—is 9 ⁄2 judges. 378 cases per judge, has the fastest dis- that you could never appoint enough So let’s see if what we have works be- judges to take care of the problems cause what we have right now won’t position rate of any circuit in Amer- that we are having with the explosion cost the taxpayers any more money. ica? It is because they are managing of cases; that you have to look at a lot I yield the floor. their caseload well and because they do of other ways. How do you dispense jus- The PRESIDING OFFICER. Who not have more judges than are nec- tice in the less-adversarial environ- yields time? essary. As Judge Tjoflat testified be- ment of a courtroom and in the less- Mr. SESSIONS addressed the Chair. fore our committee, too many judges costly environment of the courtroom? The PRESIDING OFFICER. The Sen- actually slows down the process and For instance, what can you do for al- ator from Alabama. makes good judging more difficult. I ternate dispute resolutions? There are Mr. SESSIONS. Thank you, Mr. think that is a matter that we should a lot of other ways that I as a non- President. address. lawyer am not qualified to speak to. I am pleased to be able to comment I would like to note that we have not But I can tell you that more judges is on this judicial vacancy. I certainly re- delayed this matter. We are prepared never going to solve the problem of spect Senator GRASSLEY and his com- to have this matter come to a vote. more cases. ments. I agree with him very, very More delays would have been possible Another area we have to do some- much. if we had wanted simply to delay this thing about is tort reform, as an exam- I think it is an important point to process. I feel it is time to vote on this ple of something that we have to do note that people say that administra- issue. I respect the legal ability of Mr. about the number of cases piling up. tive cases are difficult to administer, Garland. He was on the Harvard Law So I just ask my good friend from Il- and that they may have a file that is Review. It does not bother me if he was linois to think about those things as fairly thick. Well, judges have law editor in chief of the Harvard Law Re- well. clerks. They go through the files. Even view. It would not bother me if he had I want to respond to some of the if the file is thick, the issue coming up been editor in chief of the law review comments raised by those who feel on an administrative appeal may be at the University of Alabama School of that the caseload statistics indicate very simple and may involve nothing Law. The fact remains that the tax- that filling the 11th seat is necessary. more than a simple interpretation of payers should not be required to pay In my view, this is not a fair reading of law. Many of those can be disposed of for a judge we do not need. The tax- the caseload numbers. very easily. payers should not have to pay $1 mil- I point my colleagues’ attention to a Based on my 12 years of experience as lion per year for a judge that is not Washington Times editorial which ap- a U.S. attorney practicing in Federal needed. peared on October 30, 1995. That edi- court in cases involving all kinds of Mischief sometimes gets started. I torial considered the question of Federal litigation, I don’t at all con- recall the old saying my mother used whether or not the administrative type cede the point that every administra- to use: an idle mind is the devil’s work- of cases in the D.C. circuit are really as tive law case is substantially more dif- shop. We need judges with full case- complicated and so complicated that ficult than others. As a matter of fact, loads, with plenty of work to do, im- caseload statistics can be misleading. I Judge Silberman testified in 1995 that portant work to do. would like to quote from that editorial. it is true that the administrative law This circuit is showing a serious de- Per panel the District of Columbia circuit cases are generally more complicated, cline in caseload. In fact, caseload in averages at best half the dispositions of and other judges in other circuits, like this circuit declined 15 percent last other circuits. To make a perfectly reason- the second circuit, will tell you that year. That decline continues. I think it able comparison that takes account of the some of their commercial litigation would be very unwise for us to fill a va- greater complexity of the cases in the D.C. circuit, then we should be asking, Is each coming out of the Federal district cancy if there is any possibility that case in the D.C. circuit on average twice as court is terribly complicated, too. I am the caseload will continue to decline. complicated as the average case in the other not in a position to compare the two. We do not need to fill it now, and we circuits? That seems unlikely in the ex- Let me just say this from personal certainly do not need to fill it in the treme. experience. I talked earlier today face of this declining caseload, because It seems to me that this point is ex- about the testimony of Chief Judge once it is filled, the judge holds that actly correct. Granted, the caseload of Tjoflat from the Eleventh Circuit position for life and the taxpayers are

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2534 CONGRESSIONAL RECORD — SENATE March 19, 1997 obligated to pay that judge’s salary for Merrick Garland. The workload for the D.C. opposition to Mr. Garland himself. I life. That is an unjust burden on the Circuit does not warrant filling either the think he is qualified. I think he has ex- taxpayers of America. 11th or 12th seats on the D.C. Circuit. When perience that would be helpful. And I Fundamentally, this is a question of one considers that approximately 1 million think his disposition is acceptable, too. efficiency and productivity. There are dollars worth of taxpayer dollars is involved for each judgeship, it is important for the In fact, based on all the reports that courts in this Nation that are over- Senate to eliminate unnecessary seats when- I have heard about him, I think he worked, particularly many of the trial ever possible. Please vote against confirming more than likely would be a much courts. We may not have enough Merrick Garland. Thank you for your consid- more acceptable nominee to this court money to fill those vacancies. Let us eration of our views. as compared to many of the other take the money from this Washington, Sincerely, nominees we have considered or may be DC circuit court and use it to fund BRIAN LOPINA, considering in the future. judges and prosecutors and public de- Director, Governmental Affairs Office. It is my belief that this court of ap- fenders in circuits and district courts The PRESIDING OFFICER. Who peals is more than adequately staffed all over America that are overcrowded yields time? based on the number of cases pending and are overworked. Mr. LEAHY addressed the Chair. on the court’s docket, the filings per Those are my comments. We have The PRESIDING OFFICER. The Sen- judge at this court as it is currently studied the numbers carefully. We are ator from Vermont. staffed for the year ending September, not here to delay. We are not here in Mr. LEAHY. Mr. President, I am glad 1996, with the trend of such filings over any way to impugn the integrity of Mr. to hear that nobody wants to delay the last several years, and in compari- Garland. By all accounts, he is a fine Merrick Garland. I would only point son to other workloads of circuit person and an able lawyer. He does out that his nomination first came be- courts of appeal around the country. It have a very good job with the U.S. De- fore us in 1995, and he was voted out of is very small. I think as compared to partment of Justice. We probably need committee, I believe unanimously, by others certainly they have more judges some trial judges here in Washington, Republicans and Democrats alike, in than they need. DC, and if the President nominated 1995. We are going to vote, I hope, very I am looking at this chart over here. him to be one of those trial judges, I soon to confirm him. But if that is not The District of Columbia Court of Ap- would be pleased to support him for delay, I would hate like heck to see peals is at the bottom end of the case- that. what delay would be around here. He load, and yet you have other circuit That will conclude my remarks at was nominated in 1995, got through the courts across the country—my own cir- this time. committee in 1995 and will finally get cuit, the fifth, is about in the middle. I ask unanimous consent to have confirmed in 1997. The eleventh circuit obviously has a printed in the RECORD a letter from I understand other members say they high caseload as compared to this par- Judge Silberman dated March 4, 1997, would be perfectly willing to help out ticular court. in which he said that the filling of the on the district court; we need help. We So I really do not think this con- 12th seat would be frivolous and in have Judge Colleen Killar-Kotelly who firmation is needed. Even if it does get which he noted the continuing decline is still waiting, nominated very early through, I want to say right now that in caseload. in 1996, has yet to come through, even regardless of the next nominee, unless I also ask unanimous consent to have though in 1996 alone the criminal case this caseload is dramatically turned printed in the RECORD a letter from the backlog increased by 37 percent. We around, I hope it would never even be Director of Governmental Affairs for talk about getting tough on criminals. considered regardless of how qualified the Christian Coalition written in op- We certainly will not send the judges the nominee may be, he or she, in a position to the filling of this vacancy, that might do it. Democratic administration. noting that it is not warranted. I withhold the remainder of my time. I recognize that some circuits do There being no objection, the mate- The PRESIDING OFFICER. Who have tremendous caseloads, but this is rial was ordered to be printed in the yields time? certainly not the case in this circuit, RECORD, as follows: Mr. LOTT addressed the Chair. and therefore I will vote against the U.S. COURT OF APPEALS, The PRESIDING OFFICER. The ma- nomination based on that. In fact, I DISTRICT OF COLUMBIA CIRCUIT, jority leader. just do not think an additional judge is Washington, DC, March 4, 1997. Mr. LOTT. Mr. President, I would needed in this district court of appeals. Hon. ORRIN G. HATCH, like to make a brief statement to ex- I ask unanimous consent to print in Dirksen Senate Office Building, plain my vote that I will cast later on Washington, DC the RECORD a list of the filings per DEAR CHAIRMAN HATCH: Your asked me today. I know we are having inter- judge in 1996 and the total appeals yesterday for my view as to whether this esting discussion, and this is one that docket in 1995 per judge that shows as court needs 11 active judges and whether I has been a long time coming, getting compared to other circuits this judge is would be willing to communicate that view this judgeship to the floor of the Sen- not needed. to other senators of your committee. As I ate for a vote. There being no objection, the mate- told you, my opinion on this matter has not Obviously, there has been support for rial was ordered to be printed in the changed since I testified before Senator this nominee by Senator HATCH and by Grassley’s subcommittee in 1995. I said then, RECORD, as follows: Senator SPECTER and others. Senator and I still believe, that we should have 11 ac- Appeals filed per judge in 1996: tive judges. LEAHY has been pushing to get these judges voted on. This is the first one of D.C. Cir., 123 6th Cir., 341 On the other hand, I then testified and still 10th Cir., 216 9th Cir., 360 believe we do not need and should not have the year. I presume this is a 1st Cir., 227 2nd Cir., 372 12 judges. Indeed, given the continued de- celebratory event. 3rd Cir., 280 4th Cir., 378 cline in our caseload since I testified, I be- Mr. LEAHY. It is showing, if my 7th Cir., 295 5th Cir., 443 lieve that the case for a 12th judge at any friend from Mississippi will yield, re- 8th Cir., 307 11th Cir., 575 time in the foreseeable future is almost friv- markable speed. As I said, he was nom- olous. As you know, since I testified, Judge inated in 1995, first got through the Total appeals on docket for year ending Buckley has taken senior status and sits 1995/per judge: committee unanimously, Republicans part-time, and I will be eligible to take sen- 1st Cir., 1339 (4 judges=335) ior status in only three years. That is why I and Democrats, in 1995. We are now 2nd Cir., 3987 (12 judges=332) continue to advocate the elimination of the just before our second vacation of the 3rd Cir., 3485 (13 judges=268) 12th judgeship. year in 1997. I am glad, whenever it is, 4th Cir., 3542 (12 judges=295) Sincerely, to get him through. 5th Cir., 5696 (15 judges=380) LAURENCE H. SILBERMAN, Mr. LOTT. But now maybe I can 6th Cir., 3343 (13 judges=257) U.S. Circuit Judge. comment just briefly on why it has 7th Cir., 2200 (8 judges=275) taken so long. There were a lot of fac- 8th Cir., 3176 (10 judges=318) CHRISTIAN COALITION, 9th Cir., ? Washington, DC, March 19, 1997. tors involved. I will vote not to con- 10th Cir., 2104 (8 judges=263) DEAR SENATOR: I am writing to urge you to firm Merrick Garland to be a D.C. Cir- 11th Cir., 6057 (10 judges=606) vote against confirming judicial candidate cuit Court of Appeals judge. I have no D.C. Cir., 2065 (10 judges=206)

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2535 Mr. LOTT. I yield the floor. ditional capacity of that court to han- complicated. But if you look at the second The PRESIDING OFFICER. Who dle work for which it is already circuit, the caseload of which is more than yields time? The Senator from Mis- overstaffed. twice as much as the D.C. circuit, in the sec- souri. While appeals filings for all of the ond circuit their caseload is complicated as Mr. ASHCROFT. I yield myself such Nation’s U.S. courts of appeals in- well. time from the opposition time as is creased to an all-time high of 4 per- The fact of the matter is, it is time necessary for me to make a statement. cent, the number of filings filed in the for the U.S. Senate, which called the Mr. President, I rise today to speak, D.C. circuit actually dropped last year; circuit courts into creation, which not in opposition to Merrick Garland it dropped 15 percent. So you have an called district courts into creation, to for filling the seat on the U.S. court of increase of appeals in the system gen- begin to exercise a responsible ap- appeals, but in opposition to filling the erally of 4 percent, you have a decline proach toward staffing those courts seat at all. The U.S. Court of Appeals in the D.C. circuit of 15 percent, of the and not to staff them when the work- for the District of Columbia Circuit is 12 additional circuits, the District of load does not justify it. Even if the na- a judicial circuit which has the lowest Colombia had the largest decline in ap- ture of the cases coming before the caseload of any of the judicial circuits peals last year. D.C. circuit is unique, those cases are in the country, and I think this is a Mr. President, ending the era of big not so difficult, or different from the time when we ought to ask ourselves Government includes all three other cases which have their own some serious questions about whether branches of government. But if we can- uniqueness and have their own dif- or not we intend to staff circuits in not end big government where we have ficulty, whether they be commercial spite of the fact that there are ade- had declining demand for services, and instead of administrative, so as to quate judges in the circuits to handle where we are already overstaffed, mean that we should populate the the caseload which is currently re- where can we end big government? To court with staffing which is not re- quired of the circuit. believe that the judicial branch should quired by the caseload. First, the amount of judicial work in be excluded from the exercise of re- Mr. President, I plan to vote against the circuit raises questions about the sponsibility or should be overstaffed or Mr. Garland, not for any reason to im- necessity of confirming another appel- should ignore the trends in terms of pair his standing or his credentials. I late judge for the D.C. circuit. It ap- case filings and should be over- do not think this is a question about pears that filling this vacancy would be populated with individuals because the qualifications of the judge. But it an inefficient use of judicial resources. there are slots available, in spite of the is a question about the deployment of Before filling any vacancy for an appel- fact that the work or the caseload is the public’s resource and about the late judgeship, the U.S. Senate should not there to justify those slots, would staffing level for courts which do not look at the filings per judgeship com- be for us to deny a responsible position have caseload to justify it. pared with other jurisdictions. Of the in this matter. Mr. President, I yield the floor. 12 courts of appeals, the D.C. circuit Let me just indicate that there are The PRESIDING OFFICER. Who has the lowest filings per judge of any two vacancies and virtually everyone yields time? The Senator from of the 12 courts of appeals. While the will confess that at least one of them Vermont. D.C. circuit has had only 123 cases filed should not be filled. This is not a mat- Mr. LEAHY. Mr. President, there has per judge, the eighth circuit, the cir- ter of saying some people think all the been a lot of discussion, just now cuit in which I live, handled nearly vacancies ought to be filled; others again, quoting Judge Silberman. What three times the D.C. circuit’s total of think that neither of the two should be is needed—I would note, he wrote to appeal filings, with 307 appeals filed per filled. There is a general consensus the distinguished chairman, Senator judge. The eleventh circuit court of ap- that filling the second of the two would HATCH, and said that we should have 11 peals, in comparison, had 575 appeals certainly be a waste and surplus. I active judges. We talk about this as filed per judge. think if you look carefully and you though the nominee was going to be The D.C. Circuit Court of Appeals measure the caseload by what the Judi- the 12th judge. In fact, the nominee is now has two open seats. But Judge cial Conference had previously stated the 11th judge. James Buckley, who took senior status was an appropriate caseload, and you I ask unanimous consent that a let- last year, which means he is still obli- look at the potential for work by the ter dated March 4, 1997, by Judge Sil- gated to handle a caseload equivalent senior active judges who have taken berman, in which he said, ‘‘. . . I still to that of an average judge in active senior status, you can come but to one believe that we should have 11 active service who would handle a 3-month conclusion, that it is not an appro- judges,’’ be printed in the RECORD at caseload, is still there. So you have a priate deployment of the tax dollars of this point. senior status judge who is handling the the citizens of this great Nation to add There being no objection, the letter equivalent of a quarter of the load that a judge to a court where the workload was ordered to be printed in the a normal judge in the circuit would does not justify it. RECORD, as follows: handle. So you do not have the loss Good government is not to fill a va- U.S. COURT OF APPEALS, completely of the second judge in those cancy simply because it exists. To fill DISTRICT OF COLUMBIA CIRCUIT, two vacancies; you have the loss of one this vacancy without taking into ac- Washington, DC, March 4, 1997. count the lack of caseload is fiscally ir- Hon. ORRIN G. HATCH, judge, and then you have one-quarter Dirksen Senate Office Building, judge in the senior status making up responsible. Before I yield the floor, I would like Washington DC. for any slack. DEAR CHAIRMAN HATCH: You asked me yes- Still, the D.C. circuit is the least to address the argument that the D.C. terday for my view as to whether this court populated with work. And it is the cir- court of appeals might be considered to needs 11 active judges and whether I would cuit that does not merit additional be a different court, unique, one of a be willing to communicate that view to judges to conduct the work which sim- kind, because it has a lot of cases that other senators of your committee. As I told ply is not there. If we were to use the are administrative in nature and they you, my opinion on this matter has not changed since I testified before Senator formula expressed by the Judicial Con- have a certain level of complexity. I think in this regard it is important to Grassley’s subcommittee in 1995. I said then, ference, between 1986 and 1994 the D.C. and I still believe, that we should have 11 ac- circuit court would rate just in the cite Judge Silberman, who sits on the tive judges. order of nine judges to handle its cur- D.C. court of appeals. On this point, in On the other hand, I then testified and still rent caseload. So, in terms of the Judi- 1995, he testified as follows: believe we do not need and should not have cial Conference’s own assessment of It is true that the administrative law cases 12 judges. Indeed, given the continued de- how many judges would be needed, the are generally more complicated. But other cline in our caseload since I testified, I be- caseload of the D.C. circuit would rate judges in other circuits, like the second cir- lieve that the case for a 12th judge at any cuit, will tell you that some of their com- time in the foreseeable future is almost friv- nine judges. It has 10 judges now, and if mercial litigation coming out of the Federal olous. As you know, since I testified, Judge you start to add the additional case- District Court is terribly complicated, too. Buckley has taken senior status and sits load that can be handled by senior The truth of the matter is, some of the ad- part-time, and I will be eligible to take sen- judges, it seems to me that adds an ad- ministrative law cases in the D.C. circuit are ior status in only three years. That is why I

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2536 CONGRESSIONAL RECORD — SENATE March 19, 1997 continue to advocate the elimination of the Edwards and Judge Silberman, a re- The yeas and nays were ordered. 12th judgeship. spected conservative, agree that, in The PRESIDING OFFICER. The Sincerely, Judge Silberman’s words ‘‘it would be a question is, Will the Senate advise and LAURENCE H. SILBERMAN, mistake, a serious mistake for Con- consent to the nomination of Merrick U.S. Circuit Judge. gress to reduce the D.C. circuit down B. Garland, of Maryland, to be U.S. cir- Mr. HATCH. Mr. President, I have below 11 judges.’’ cuit judge for the District of Columbia been sitting here listening to this. In If I did not believe that, I would not circuit? On this question, the yeas and all honesty, I would like to see one per- have brought this judgeship nomina- nays have been ordered. The clerk will son come to this floor and say one rea- tion to the floor. I have to tell you, if call the roll. son why Merrick Garland does not de- anybody doubts my integrity, I want to The assistant legislative clerk called serve this position. It has been almost see them afterwards. the roll. a year. In the last Congress, I must As for the statistics that have been Mr. FORD. I announce that the Sen- have gone on this issue, trying to get cited, with all due respect, they are not ator from Ohio [Mr. GLENN] is nec- him up, for most of that time. a fair or accurate characterization of essarily absent. First, there was the 12th seat, he was the D.C. circuit’s caseload relative to The PRESIDING OFFICER (Ms. COL- going to get that. Then, when Buckley the other circuits’ caseloads. I made LINS). Are there any other Senators in retired, everybody that I know of, who that case earlier. the Chamber desiring to vote? The result was announced—yeas 76, knows anything about it, other than I am prepared to yield back the time nays 23, as follows: some of our outside groups who do not if the other side is prepared to yield seem to want any judges, said that we back their time. Is there anybody [Rollcall Vote No. 34 Ex.] need the 11th seat. going to want to speak on the other YEAS—76 As I suspected, nobody in this body is side? Abraham Feingold Mikulski Akaka willing to challenge the merit of The PRESIDING OFFICER. Who Feinstein Moseley-Braun Merrick Garland’s nomination. I have Baucus Ford Moynihan yields time? Bennett Gorton Murkowski not heard one challenge to him yet. In Mr. HATCH. I am prepared to yield Biden Graham Murray fact, they openly concede that Mr. Gar- back time. Bingaman Harkin Reed land is highly qualified to be an appel- Bond Hatch Reid The PRESIDING OFFICER. The Sen- Boxer Hollings late judge. Rather, they use arguments Robb ator from Utah has no time to yield Breaux Hutchison Roberts that the D.C. circuit does not need 12 back at this point. The Senator from Bryan Inhofe Rockefeller Bumpers Inouye judges in order to oppose the confirma- Roth Iowa has approximately 17 minutes re- Byrd Jeffords Santorum tion of Mr. Garland for the 11th seat on maining on the opposition side. Campbell Johnson Sarbanes this court. Mr. SESSIONS. I would like to be Chafee Kempthorne Cleland Kennedy Smith, Bob There is not a harder-nosed conserv- recognized. Smith, Gordon ative or more decent conservative that Coats Kerrey The PRESIDING OFFICER. The Sen- Cochran Kerry H. I know than Larry Silberman. I talked ator from Alabama is recognized. Collins Kohl Snowe to him personally. If he said to me they Mr. SESSIONS. Mr. President, there Conrad Landrieu Specter Stevens did not need the 10th seat, I could un- is nobody in this body who has fought D’Amato Lautenberg Daschle Leahy Thomas derstand this argument, and I could harder for a balanced budget amend- DeWine Levin Thompson understand this minirebellion that is ment and for controlling Federal Dodd Lieberman Torricelli occurring. But he said they needed the spending than the distinguished Sen- Domenici Lugar Warner 11th seat. If he had said, ‘‘All we need Dorgan Mack Wellstone ator from Utah, Senator HATCH. His Durbin McCain Wyden are 10 seats, we don’t need the 11th or leadership has been terrific on that. I 12th,’’ I would have been on his side, respect that. I guess we just have a dis- NAYS—23 and it would not be because of partisan agreement. Allard Frist Kyl politics, it would be because I trust Ashcroft Gramm Lott I think it is really unusual that a Brownback Grams McConnell him and I believe in his integrity. But judge would cite a 12th seat as frivo- Burns Grassley Nickles I called him personally and he said, lous and note in his own letter that it Coverdell Gregg Sessions ‘‘Yes, we do need the 11th seat.’’ was frivolous because of a declining Craig Hagel Shelby Enzi Helms Thurmond My colleague from Alabama cir- caseload. Even though Judge Silber- Faircloth Hutchinson culated a letter saying confirming man himself said he felt they ought to NOT VOTING—1 Merrick Garland would be a ‘‘ripoff’’ of go ahead and fill the 11th seat, we, the taxpayers. Having just led the fight after full study of it and in the course Glenn for the balanced budget amendment, I of careful deliberations, had the oppor- The nomination was confirmed. do not think that is quite fair. I am tunity to hear from two other chief Mr. LEAHY. Madam President, I never going to rip off the taxpayers. judges from two other circuits that in- move to reconsider the vote. Mr. HATCH. I move to lay it on the But I will tell you one thing, playing dicated, even though they have much table. politics with judges is unfair, and I am higher caseloads, 575 to 378 cases per The motion to lay on the table was sick of it, and, frankly, we are going to judge, that they did not need a new cir- agreed to. see what happens around here. A ‘‘rip- cuit judgeship. The PRESIDING OFFICER. The Sen- off?’’ Let’s be serious about this, folks. So, therefore, I concluded that a cir- ator from Vermont. This is a serious matter. cuit with 124 cases per judgeship did Mr. LEAHY. Madam President, this My colleague referred to the testi- not need to be filled, and that the $1 is the first judge confirmed in this Con- mony of Chief Judge Wilkinson of the million per year, if it is not justified, gress. I hope it will be the first of fourth circuit. That is a different mat- would be a ripoff of the taxpayers. I many, many. ter. I have challenged the distinguished feel that we can spend that money I remind my colleagues we have close chairman of the Subcommittee on more efficiently on trial judges in cir- to 100 vacancies in the Federal court. Courts to look into that, and I am cuits and districts that are already We have begun with one of the most going to be heavily guided by what overwhelmed with heavy caseloads and outstanding nominations any Presi- Senator GRASSLEY comes up with. not on the D.C. circuit that is dent has sent. The statements of Judge Tjoflat from overstaffed already. I yield the floor, That is the nomination of Merrick the eleventh circuit has also been men- Mr. President. Garland—now Judge Garland. I com- tioned. But what do the judges on the Mr. GRASSLEY. We yield back the pliment him on that. He was nomi- D.C. circuit court say? It is one thing time on our side, and I ask for the yeas nated in 1995; it first passed through for Wilkinson to get up and make a and nays. the Judiciary Committee unanimously comment, it is another thing for The PRESIDING OFFICER. The yeas in 1995, and it is now 1997. We need to Tjoflat, who has problems in that cir- and nays have been requested. Is there move—— cuit, but what do the judges on the a sufficient second? Mrs. BOXER. Madam President, the D.C. circuit say? Both Chief Judge There is a sufficient second. Senate is not in order.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2537 The PRESIDING OFFICER. The Sen- trict of Columbia Circuit. Let us en- up here who will abide by the rule of ate will be in order. The Senator is en- sure that our Federal bench has a full judging and the rule of law and quit titled to be heard. complement of such qualified judges so substituting their own policy pref- The Senator from Vermont. that the business of justice can go for- erences and finding excuses for every Mr. LEAHY. Madam President, I ward. criminal that comes before them, they thank the Chair. I wish also to com- Mr. HATCH addressed the Chair. are going to have support from me. I pliment my friend, the distinguished The PRESIDING OFFICER. The Sen- hope they will have more support from senior Senator from Utah for his help ator from Utah is recognized. the Judiciary Committee in the future. in doing this. I also wish to com- Mr. HATCH. Madam President, I But if they are going to send up more pliment Senators who paid attention to want to thank my colleagues who activists, there is going to be war. his very, very strong statement at the voted for Judge Merrick Garland. I be- I don’t think the judiciary has ever end of this debate on behalf of Judge lieve they did what was right. had a better friend than ORRIN HATCH; Garland. I think that the Senator from With regard to Federal judgeships, I know they haven’t. I will fight for Utah and I are committed to trying to we ought to do what is right. I take them. I think they ought to be getting move, in a bipartisan fashion, to get this job as seriously as anything I have more pay. I think we ought to support these judges here. I hope all Senators ever done in the Senate. I want to them in every way we possibly can. will join us in doing that. The Federal thank my colleagues who voted with us They are tough jobs, they are clois- judiciary should not be held hostage to for supporting the nominee. tered jobs. They are difficult jobs. They partisan, petty, or ideological con- Having said that, there have been a take great intellectual acumen and straints that really reflect only a mi- serious number of nominees whom we ability. nority of views. have confirmed in the past who have Madam President, I am telling you, The Federal judiciary is really a proven to be activist judges once they we have far too many judges on both blessing in our democracy in the fact got on the bench and who told us when the left and the right who disregard that it is so independent. Our Federal they were before the committee they what the rule of judging is and who leg- judiciary is the envy of all the rest of would not be activist and they would islate from the bench as superlegisla- the world. The distinguished Senator not undermine the role of the judiciary tors in black robes who disregard the from Utah and I are committed to by legislating from the bench. Then democratic processes in this country keeping it that way. We will work to- they get to the bench and they start and who do whatever they feel like gether to keep it that way. I thank him legislating from the bench. doing. They are undermining the judi- for his help on this nomination. I want them to know, and I want to ciary, and they are putting the judici- Mr. DASCHLE. Mr. President, I send a warning to the judiciary right ary in this country in jeopardy. I am would like to reiterate what PAT now, if they are going to continue to darn sick of it. My colleagues on our LEAHY has said about how glad we are disregard the law, if they are going to side are sick of it. I don’t care whether that Merrick Garland has finally been continue, in many respects, to bypass it is activism from the right or from considered by the Senate for appoint- the democratic processes of this coun- the left; it is wrong. We ought to stop ment to the U.S. Court of Appeals for try, if they are going to start sub- it, and the judiciary is the only place the District of Columbia Circuit. We stituting their own policy preferences where it can be stopped. wholeheartedly believe that Mr. Gar- for what the law really says, then it is I once had one of the most eminent land is highly qualified for this posi- going to be a tough time around here. legal thinkers in the country say that tion and deserves the strong vote we This vote proves it. he has never seen anybody on the Su- just gave him. I don’t feel good about all those who preme Court move to the right; they Mr. Garland has been awaiting this voted against this nomination, but the have always moved to the left as they day since being nominated by the fact of the matter is that there is some have grown. I would like to not worry President on September 5, 1995—11⁄2 reason for their doing so. Republicans about whether they are moving right years ago. His qualifications are clear. are fed up with these judges who dis- or left, but whether they are doing the The ABA’s standing committee on the regard the role of judging once they get job that judges should do. Federal judiciary found him well quali- to the courts, after having told us and I am serving notice to the Senate, fied to serve on the Federal bench, and promised that they will abide by the too. I am chairman of the Senate Judi- he has received the support of a bipar- role of judging. Now, I am upset—there ciary Committee, and I take this re- tisan and ideologically diverse group of is no question about that—because I sponsibility seriously. I want every- individuals. think the finest nominee that I have body in this body to know I take it se- His credentials cannot be challenged. seen from this administration is riously. It means a lot to me. I have He has worked at the Department of Merrick Garland, and I think he de- tried a lot of cases in Federal courts. I Justice as the Principal Associate Dep- served better. But I also understand have tried a lot of cases in State uty Attorney General, in private prac- my colleagues. courts. I have a lot of respect for the tice and served as a law clerk to Jus- I am sending a warning out right now judiciary. So I take this seriously, and tice Brennan on the Supreme Court that these judges who are sitting on I don’t want politics ever to be played and a law clerk to Judge Friendly on the bench better start thinking about with it. I get a little tired of the other the U.S. Court of Appeals for the Sec- the role of judging and quit trying to side bleating about politics, after the ond Circuit. do our jobs. We have to stand for re- years and years of their mistreatment I am happy that today, after his long election. That is why the buck should of Reagan and Bush judges and the wait, Merrick Garland finally knows stop here—not with some Federal judge glaring, inexcusable examples where that he will serve as a Federal judge. who is doing what he or she thinks is they treated Republican nominees in a It is unfortunate, however, that we better for humanity and mankind. shamefully unfair way. Nobody could have not yet voted on any other judges We have judges on the Ninth Circuit ever forget the Rehnquist nomination, during this session of Congress—at a Court of Appeals who could care less the Bork nomination, and even the time when we have almost 100 vacan- about what the Congress says, or what Souter nomination, where he wasn’t cies on the Federal bench. That is a va- the President says, or what the legisla- treated quite as well as he should have cancy rate of over 10 percent. tive and executive branches say. That been—and above all, the Clarence I hope that voting on Merrick Gar- is why they are reversed so routinely Thomas nomination; it was abysmal. land’s confirmation today signals that by the Supreme Court. It is pathetic. I Those were low points in Senate his- we are going to address this serious don’t mean to single them out, but it is tory. So I don’t think either side has a problem and begin to fill those long the most glaring example of activist right to start bleating about who is empty seats on the Federal bench. judges in this country. righteous on judges. Mr. President, I am extremely Let me just say this. I am sending a I intend to do the best I can here. I pleased that the Senate has confirmed message right now that I intend to want my colleagues to know that. I the nomination of Merrick Garland to move forward with judges, and, if this certainly want to place my colleagues the U.S. Court of Appeals for the Dis- administration will send decent people on my side, and I certainly want to do

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2538 CONGRESSIONAL RECORD — SENATE March 19, 1997 the right thing for all concerned. This Part of what is going on here is, and I might point out that all the talk is an important nomination. I believe in the Republican caucus there are last election that started off—it all fiz- Merrick Garland will go on to distinc- some who say, No. We want to change zled because it did not go anywhere— tion. Nobody will be more disappointed the rules. We want to make sure, of all about how there is going to be an issue than I if he turns out to be an activist the people nominated for the Federal about activism on the courts, we point- judge in the end. If he does, I think he bench, that the Republican Senators ed out that of all the judges that came will be one of the principal undermin- should be able to nominate half of up in Clinton’s first term, almost all of ers in the Federal judiciary in the his- them, or 40 percent of them, or 30 per- them were voted unanimously out of tory of this country. But he told me he cent of them. That is malarkey. That this body by Democrats and Repub- will not do that, and I trust that he is flat-out malarkey. That is black- licans, including the former majority will not. That doesn’t mean we have to mail. That has nothing to do with ac- leader. He only voted against three of agree on every case that comes before tivist judges. all the nominees, then he argued, by any of these courts; we are going to I do not doubt the sincerity of my the way, that Clinton nominated too have disagreements. And just because friend from Utah. We have worked to- many activist judges. And then it kind you disagree with one judge doesn’t gether for 22 years. But here is my of fizzled when I held a little press con- mean that judge should be impeached challenge. Any judge nominated by the ference, and said, ‘‘By the way. You either. To throw around the issue of President of the United States, if you voted for all of them.’’ It kind of made impeachment because you disagree have a problem with his or her activ- it hard to make this case that they with a judge here and there is wrong. ism, name it. Tell us what it is. Define were so activist. There are some lame-brained deci- it like we did. You disagreed. You dis- So look. Let me say that I will not sions out there, we all know that. agreed with the definition. But we said take any more time, but I will come Some of them are occurring primarily straight up, ‘‘Bang. I do not want Bork back to the floor with all of the num- in California. Frankly, we have to get for the following reasons.’’ People un- bers and the details. But here is the rid of the politics with regard to judges derstand that. But do not try to change deal. and start doing what’s right. With 200 years of precedent and tell us that If the Republican majority in the every fiber of my body, I am going to we are not letting judges up because we Senate says, ‘‘Look, the following 2, 5, try to do right with respect to judges want the Republican Senator to be able 10, 12, 20 judges are activist for the fol- because I respect that branch so much. to name the judge. Don’t do that, or lowing reasons, and we are against To me, our freedoms would not have else do it and do it in the open. Let’s them,’’ we understand that. We will been preserved without that branch. have a little bit of legislating in the fight it. If we disagree, we will fight it. But the way some of these judges are sunshine here. Do it flat in the open. But if they come along and say, ‘‘We acting, our freedoms are being eroded I see my colleagues nodding and are just not letting these judges come by some in that branch. It is time for smiling. I am sort of breaching the up because really what is happening is them to wake up and realize that that unspoken rule here not to talk about they are coming to guys like me and has to end. what is really happening. But that is saying, ‘Hey, I will make you a deal. I yield the floor. what is really happening. I will not You give me 50 percent of judges, and I f name certain Senators. But I have had will let these other judges go SETTING THE RECORD STRAIGHT Senators come up to me and say, JOE, through.’ ’’ Then that isn’t part of the ON JUDICIAL NOMINATIONS here is the deal. We will let the fol- deal. lowing judges through in my State if Mr. BIDEN. Madam President, I have Look, I have a message to the Court. you agree to get the President to say not spoken on judges this year, but I know the Court never reads the CON- that I get to name three of them. Now having worked on it for so many years GRESSIONAL RECORD, and Justice Scalia with my friend from Utah, having ei- folks, that is a change of a deal. That said that we should not consider the ther been the ranking member or is changing precedent. That isn’t how RECORD for legislative history because chairman of that committee. But let it works. The President nominates. We everybody knows that all the CONGRES- me make one point. dispose one way or another of that SIONAL RECORD is is what Senators’ It is one thing to say that we are nomination. And the historical prac- staff say and not what Senators know. going to disagree on judges. We did tice has been—and while I was chair- He is wrong. But that is what he said. that when we were in control. We did man we never once did that—that Maybe they don’t read it. But I want to that. And we said that all the judges never once that I am aware of did we send a message. that have been nominated here by two ever say, ‘‘By the way, we are not let- Madam President, when I was chair- successive Republican Presidents—we ting Judge A through unless you give man of the committee and there was a picked seven out of a total of over 500— me Judges B and C.’’ Republican President named Reagan we said we disagree with these judges. Now, let me set the record totally and a Republican President named The most celebrated case was Judge straight here. There are States where Bush, the Judicial Conference on a Bork, and less celebrated cases were precedents were set years ago. The Re- monthly basis would write to me and people who have gone beyond being publican and Democratic Senator, say, ‘‘Why aren’t you passing more judges. Some are Senators. But the when it was a split delegation, have judges?’’ They have been strangely si- bottom line was that we understand made a deal up front in the open. In lent about the vacancies that exist. that. New York, Senator Javits and Senator Now, I agree that the administration But what I do not understand is this MOYNIHAN said: Look. In the State of has been slow in pulling the trigger notion and all of the talk about activ- New York, the way we are going to do here. They have not sent enough nomi- ist judges without any identification of this is that whomever is the Senator nees up in a timely fashion. And I have who the activist judges are. It is one representing the party of the Presi- been critical of them for the last 2 thing for the Republicans to say that dent—I believe they broke it down to years, Madam President. But that is we are not going to vote for or allow 60—for every two people that Senator not the case now. All I am saying to activist judges. We understand that. gets to name, the Senator in the party you is, as they say in parts of my We are big folks. We understand base- other than the President gets to name State, ‘‘I smell a rat here.’’ What I ball, hardball. We got that part. No one. OK, fine. Jacob Javits did not go think is happening—and I hope I am problem. to PAT MOYNIHAN and demand that he wrong—is that this is not about activ- But what I do not understand is say- was going to do that. MOYNIHAN made ism. ing we are not going to allow activist the offer, as I understand it, to Jacob This is about trying to keep the judges and then not identifying who Javits. That is not a bad way to pro- President of the United States of those activist judges are. This is kind ceed. America from being able to appoint of what is going on here, and no one But now to come along and say, ‘‘By judges, particularly as it relates to the wants to say it. But since I have the the way, in the name of activist judges, courts of appeals. reputation of saying what no one wants we are not going to move judges’’ is Now, what is happening is what hap- to say, I am going to say it. not what this is about. pened today. Merrick Garland was

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2539 around for years. Now, what is going to they only confirmed 33 judges. In any pendent branch of our Government. happen is they are going to say we re- event, clearly this performance in What is happening here is extremely ported out a circuit court of appeals these years is in marked contrast to serious. And of course, the Senator, judge. Aren’t we doing something. The what happened in 1996 and what appar- with his candor, came to the floor and truth of the matter is the proof will be ently is continuing now in 1997. sort of stripped away the veneer and in the pudding several months from Merrick Garland was the first judge ap- laid out what is going on behind the now when we find out whether or not proved this year. scenes, which is a complete departure we are really going to move on these Mr. BIDEN. If I may respond to the from past practices. When there were judges. Senator, obviously the facts are cor- Republican Presidents, I did not play a Let me point out one other thing. rect, but I think it worth elaborating a role in whom the Presidents sent up to And I see my friend from Maryland in little bit more on the facts. I saw my the Senate to be nominated and con- the Chamber, and I will yield particu- very able colleague, the present chair- firmed in the job—— larly since I had not intended speaking man of the Judiciary Committee, on Mr. BIDEN. If the Senator will yield, at this moment. television the other day, and he was I was chairman or ranking member of Mr. SARBANES. I want to ask the talking about the number of judges that committee for 14 years. My distin- Senator a couple questions when he that were ‘‘left hanging,’’ who were not guished colleague from Delaware is finishes his statement. confirmed and sent back to the admin- Senator ROTH, who is my close friend. Mr. BIDEN. The point I wish to make istration at the end of 1992, the Bush Every single Federal judge in the last is this. When I was chairman of the administration. And he cited an accu- 24 years who has been appointed in the committee and a Republican was Presi- rate number. But as my very distin- district of Delaware or the third circuit dent, we held, on average, a hearing for guished friend, who is, as well, a schol- has been appointed by Senator ROTH. I judges once every 2 weeks and had usu- ar, knows, there is an old expression did not expect, did not ask, and not ally five judges, circuit court and dis- attributed to Benjamin Disraeli, who once was ever consulted about who he trict court, who we heard. said there are three kinds of lies: lies, would appoint, and I supported every Last year we essentially had one damn lies, and statistics. one that he sent up. Not one single hearing every other month and we had What my able friend from Utah did time was I made aware of anything to fight to get three to four on the not mention is that just like President other than after the fact, which is OK. agenda to be heard. Carter—Carter’s judges is a separate I am not complaining about that. Mr. SARBANES. Will the Senator charge we can go back to, but just like Mr. SARBANES. That was the sys- yield for a question. President Clinton, President Bush did tem. Mr. BIDEN. I will be happy to. not get his nominees up here until the Mr. BIDEN. That was the system. Not one single time. And I was chair- Mr. SARBANES. This is a chart that end of the process. Senator LEAHY, now the ranking mem- In other words, they were late get- man of the committee. Now, I would point out one other ber on the Judiciary Committee, used ting here. Notwithstanding the fact thing to my friend. I want to have com- today in the course of the Merrick Gar- that he was late in getting his nomi- plete candor. If one considers taking land debate which I think is enor- nees up, the Senator may remember in judges based on their ideology and call mously instructive. It is the number of the caucus over the objection of some that political, yes, we Democrats were judges confirmed during second Senate Democrats who said the Republicans political, as well. I am not complaining sessions in Presidential election years. would never do this, I insisted we con- about that. I am not complaining Mr. BIDEN. I got it. firm judges up to the day we adjourned about anybody who stands up and says Mr. SARBANES. Now, in 1996, with a the Senate. During the last week the I do not want Judge Smith, the Presi- Democratic President, President Clin- Senate was in that year, we confirmed dent’s nominee, because I think he will ton, and a Republican Senate, the Sen- seven judges. I could have easily just be bad on the court for the following ate confirmed no judges for the court sneezed and they would not have been reasons and comes to the floor and of appeals, none whatsoever, and 17 confirmed. And the fact is the reason makes the case. I do not quarrel with judges for the district court. Now, in why we did not confirm more is be- that because I think that is the prerog- 1992, the previous election year—that cause we did not have time to hold the ative of the Senate and any Senator. was when Mr. Bush was President—— hearings and we were holding hearings What I am quarreling with is a dif- Mr. BIDEN. And I was chairman. on 20 or more a month. ferent kind of politicizing, and that is Mr. SARBANES. And if I am not mis- Mr. SARBANES. If the Senator will drawing the conclusion that because I taken, the distinguished Senator from yield, I can recall the Senator was now control the Senate, I am not going Delaware was the very able chairman holding hearings right up into the fall to let the President of the United of the Judiciary Committee. of the election year and judges were States have nominees whether or not I Mr. BIDEN. I did not say ‘‘able.’’ I being brought to the floor of the Sen- have an ideological problem with them. was chairman. ate and being confirmed. And he is ab- Mr. SARBANES. Will the Senator Mr. SARBANES. I am suggesting the solutely correct; there were some—— yield. It is worse than that. It is not Senator is able. I am prepared to make Mr. BIDEN. Republican judges. whether you let the President have his that statement. We confirmed 11 court Mr. SARBANES. Yes, Republican nominees confirmed. You will not even of appeals judges and 55—I repeat, 55— judges. And there were some Members let them be considered by the Senate district judges in an election year. on the Democratic side who said, why for an up-or-down vote. That is the Now, that gives you some sense of how are you doing this? We are about to problem today. In other words, the the Democratic majority in the Senate, have an election and the result may other side will not let the process work led at the time by the able Judiciary give us control of the White House. so these nominees can come before the Committee chairman, was dealing with And the Senator from Delaware said, Senate for judgment. Some may come this matter, essentially in a non- look, we ought not to have politics before the Senate for judgment and be political way. play a heavy hand in the judicial con- rejected by the Senate. That is OK. In 1988, when I think, again, the Sen- firmation process. Mr. BIDEN. Fair enough. ator from Delaware was still the chair- One of the worst things that is hap- Mr. SARBANES. But at least let the man of the Committee—— pening in the Senate is what amounts process work so the nominees have an Mr. BIDEN. That is correct. to a heavy politicizing of the judicial opportunity and the judiciary has an Mr. SARBANES. With President confirmation process that is taking opportunity to have these vacant posi- Reagan, a Republican President— place in this body, and that was re- tions filled so the court system does again, in an election year—we con- flected in the performance in 1996 as not begin to break down because of the firmed 7 court of appeals judges and 35 compared with the performance in 1992 failure to confirm new judges. district court judges. Actually, the 35 when the Senator from Delaware did Mr. BIDEN. If the Senator will yield, that we confirmed in that election year his very best to keep politics out of the let me give an example of what you was better than the Republican Senate process, to fill judicial posts and to let just said. I know you know, but it is did for President Reagan in 1984 when the judiciary function as an inde- important for the RECORD.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2540 CONGRESSIONAL RECORD — SENATE March 19, 1997 I meet every year—I will not now be- The distinguished Senator from qualifications of a nominee, the other cause I am not the top Democrat on Idaho is shaking his head. He agrees. side says, ‘‘We don’t really need the po- the committee. But every year for, I He is in that circuit. It is painful to sition.’’ don’t know, 14 or 15 years, I meet with point this out, but the reason why Mr. BIDEN. That is right. what is called the Judicial Conference there is a Federal court is so there is Mr. SARBANES. And that is what we —a legislatively organized body where not Illinois, Indiana, Idaho, California heard on Merrick Garland. In fact, the Congress says the court can have justice. There is one uniform interpre- when he first came up here, he was such a function, where we look for rec- tation of the Constitution. That is the nominated for the 12th position on the ommendations. reason we have a Federal circuit court D.C. circuit. They said, ‘‘We don’t need I might add, by the way, you may re- of appeals. that position. We have nothing against member when there was a Republican Now, this is quite unusual. We have— Merrick. He is a wonderful fellow, of President named Reagan, the Senator and I was not referring to the distin- course. We just don’t think we need from Delaware introduced a bill to in- guished Senator from Idaho, who is on that 12th position.’’ Of course, that crease the number of Federal judge- the floor, when I said, ‘‘there was a does a lot for Merrick Garland. He’s ships by 84. Why did I do that? I did Senator.’’ That is not to whom I am re- sitting, waiting to join the court. Then that because the Federal court came to ferring. But another one of our col- someone already on the court took sen- us, the Judicial Conference, and said, leagues said he is not going to let any- ior status, and then they had two va- ‘‘Here is our problem. We don’t have body go through until there is a split, cant positions, the 11th and 12th. enough judges to administer justice in because he does not like the idea that Merrick Garland is nominated. He’s a timely fashion in this country. And decisions relating to his State are now up for the 11th position; not the there is a backlog on all these criminal being made by judges who are not from 12th position, the 11th position. The cases.’’ his State or are not from States of majority is right back here on the floor I must admit to the Senator, when similar size. That is, interestingly, an and it says, ‘‘We don’t need this posi- they came to me with that request, I effectively rewrite of the Constitution tion.’’ This is the 11th position. They knew the problem I was going to have. of the United States of America. I do never made that argument last year I was going to go into a Democratic not think the Senator thought it in when he was going for the 12th posi- caucus and say, by the way, a Repub- those terms, but that is literally what tion. Then they said we need the 11th, lican President, who is a fine man but it is. we don’t need the 12th. Now they are the most ideological guy we had in a Now I am being told, OK, unless we, back, some, today—fortunately, they long time, who announced he was going in fact, split the circuit—and by the did not prevail—saying we do not need to appoint only very conservative way, I am not opposed to splitting the either the 11th or the 12th position. judges, I was now going to give him 84 circuit. We split the fifth circuit be- Mr. BIDEN. If the Senator will yield more than he had. cause when we got to the point where on that point, it is probably going to I realized that was not a politically Florida grew so big—Florida and Mis- get him in trouble, but I want to com- wise thing for me to do. But, listening sissippi and Alabama and Louisiana, pliment the chairman of the com- to the court, I did just that. My recol- they are all in the same circuit—but mittee. The chairman of the com- lection is the Senator from Maryland they got so big, because of population mittee did not buy into that argument. stood with me and said, ‘‘I don’t like it. The chairman of the committee took I admit, I am not crazy about 84 more growth, we said—the court rec- the position on this that we should act, judges being appointed by Ronald ommended, we agreed—that it should and he had been pushing this for some Reagan. But the court needs to be be split into two circuits. We under- time. filled.’’ stand that. I am not opposed to that. I Again, I see my distinguished friend, Now we have the strange happening, am not arguing about that. But the the courts come back to us and say— idea that someone says, ‘‘Until you do who now I work with in another capac- and they do this in a very scientific it my way, until you can assure me I ity, as the minority—the euphemism way—we not only need the vacancies am not going to be associated with we use is ranking member—of the For- filled, we need more judges than we that State of California, I am not going eign Relations Committee. We have have. They cite, as the Senator is very to let any vacancies be filled’’—— much less disagreement than we have familiar with, they cite the backlog, Mr. SARBANES. If the Senator will on some issues relating to judges. But, they give the rationale that cases are yield, in effect what is happening is the with him here, I can remember that being backed up. Guess what? The idea court system is being held hostage, so during the last days when the Senator that we will even get a chance to dis- it is not able to function properly as a from Delaware was trying to push cuss a judgeship bill, I predict to my court system should. I submit that is through judges—on October 8, 1992, the friend from Maryland, on this floor is an irresponsible tactic to use. As Mem- last day of the session, with President zero—zero. Not only that, to further bers of the Congress, the first branch of Bush as President of the United States, make the point, this is the first time in Government, we have a responsibility the Senator from Delaware pushed the 24 years that I have been a Senator, to see that the court system can func- through seven Republican judges—the in 24 years, the first time I have ever tion in a proper fashion. last day. heard anybody come to the floor and The Senator from Delaware, when he I will bet you that has not happened say: You know, we should basically de- was chairman of the committee, al- very often in this place with Demo- commission judgeships. ways measured up to that responsi- crats or Republicans: The last day, The ninth circuit is the busiest cir- bility, I think often taking a lot of po- seven. cuit in America, out in California. One litical heat for doing it. But he was out The reason I mention that is one of of our colleagues, a very wonderful to make sure the system could func- my distinguished colleagues—we have guy, a nice guy, says, ‘‘I am not going tion. He had Republican Presidents very different views, but I like him a to let any other judge be in the ninth nominating judges. He processed their lot—walked up to me and he was from circuit’’—notwithstanding they have nominations. He brought them to the a State where there were two Repub- five vacancies, if I am not mistaken, floor of the Senate. He gave the Senate lican Senators, and two of those judges and they are up to their ears in work. a chance to vote on them up or down were his. He walked up and shook my This started last year when I was in for those people to get confirmed. That hand. This will not go in the RECORD— charge of the Democratic side. He said, process is breaking down. it will go in the RECORD, but his name ‘‘I am not going to let anybody go Mr. BIDEN. I voted for all of them won’t, but my colleagues will know through until the ninth circuit splits but seven, I might add. There were who he is. He shook my hand and said, into two circuits.’’ only seven times that I voted against ‘‘Joe, you’re a nice guy. I really appre- I said, ‘‘Why do you want it to split?’’ any of those nominees. ciated it.’’ He says, ‘‘Of course, you He said, ‘‘The reason I want it to Mr. SARBANES. That process, I re- know I would never do this for you.’’ split is I don’t like the fact that Cali- peat, is now breaking down. I like him because he is straight- fornia judges are making decisions that The other thing that is happening, as forward and honest. He meant it, and affect my State.’’ he says, instead of disagreeing with the that’s why we get along so well. I am

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2541 not referring to the Senator from We had a tie vote in the committee, I am sure there will be ample coverage North Carolina. He said, ‘‘I’d never do Madam President, on one of the Su- given to the various statements made this for you.’’ The point being, not that preme Court nominees. I was urged by by several Senators earlier in the day BIDEN is a good guy or BIDEN is a stupid those who opposed him—and I opposed about how they are having trouble get- guy, the point being that the court is this particular nominee—to not report ting a treaty through the U.S. Senate. in desperate trouble in a number of ju- it to the floor. My reading of the Con- And certain comments were made that risdictions. In southern California and stitution, though, is the Judiciary just had no basis in fact whatsoever. south Florida, and in a number of Committee is not mentioned in the So this is a speech that I am going to places where there are drug cases that Constitution. The Judiciary Com- make to set the record straight so that are backed up, a number of places mittee is not mentioned. The Senate is. it will be in the CONGRESSIONAL RECORD where there are significant civil case We only in the Judiciary Committee tomorrow morning in the hopes that backlogs, a number of places where have the right to give advice to the some soul somewhere may decide to population growth is straining the Senate, but it is the Senate that gives look to see what the facts really are. court, they need these vacancies filled. its advice and consent on judicial In any case, I listened with great in- I respectfully suggest that it is a nominations. terest to the—what do we call it—the rare—it is a rare—district court nomi- I sincerely hope, and I have urged the colloquy this morning regarding the nee by a Republican President or a administration to confer with Repub- Chemical Weapons Convention, and I Democratic President who, if you first lican Senators before they nominate think it is important to remind the believe they are honest and have integ- anyone from that Senator’s State. I Senate of some facts about the debate rity, have any reason to vote against think that is totally appropriate. I surrounding this controversy and, I be- them. I voted for Judge Bork, for ex- think it is appropriate, as well, that lieve, this dangerous treaty, which is ample, on the circuit court, because Republican Senators, with a Demo- perilously flawed. Judge Bork I believed to be an honest cratic President, have some input, First of all, I am puzzled at the in- and decent man, a brilliant constitu- which Democrats never had with the sistence of some of my Democratic col- tional scholar with whom I disagreed, last two Republican Presidents. I think leagues on a date certain for a vote on but who stood there and had to, as a that is appropriate. this treaty. It appears that the sup- circuit court judge, swear to uphold But I do not think it is appropriate, porters of the treaty want only a date the law of the land, which also meant if this is the case—and I do not know certain when it suits their needs, their follow Supreme Court decisions. A cir- for certain, it just appears to be—if the desires. I remember last year, they cuit court cannot overrule the Su- real hangup here is wanting to reach wanted a date certain for hearings on preme Court. this very same subject, the Chemical So any member who is nominated for an informal agreement that for every Weapons Convention Treaty. They the district or circuit court who, in one person the President of the United wanted a date certain for committee fact, any Senator believes will be a per- States gets to nominate, the Repub- action on the treaty; they insisted on son of their word and follow stare deci- lican Party will get to nominate some- it. sis, it does not matter to me what their one, the Republican Party in the Sen- The committee took action on the ideology is, as long as they are in a po- ate. Or for every two persons that the treaty. Then they wanted a date cer- sition where they are in the general President nominates, the Republicans tain for floor debate and consideration mainstream of American political life get to nominate one. of the treaty —this was last year—and and they have not committed crimes of It is totally appropriate for Repub- we obliged them in every instance. But moral turpitude, and have not, in fact, licans to reject every single nominee if hours before the vote on the Chemical acted in a way that would shed a nega- they want to. That is within their Weapons Convention, on their date cer- tive light on the court. right. But it is not, I will respectfully So what I want to say, and I will request, Madam President, appropriate tain, that was supposed to happen, it yield because I see my friend from not to have hearings on them, not to was announced by the majority leader South Carolina—North Carolina, I beg bring them to the floor and not to the night before, but what happened? your pardon. I am used to dealing with allow a vote, and it is not appropriate The White House called up and said, our close friend in the Judiciary Com- to insist that we, the Senators—we, the ‘‘Please withdraw the treaty.’’ mittee who is from South Carolina. I Senators—get to tell the President who Now, it was not this Senator from seem to have the luck of getting Caro- he must nominate if it is not in line North Carolina or any other Senator linians to deal with, and I enjoy them. with the last 200 years of tradition. who asked it be withdrawn. It was not I will yield the floor by saying, I will Again, I did not intend speaking at TRENT LOTT, the majority leader. It come back to the floor at an appro- all on this, other than the fact I was the Clinton administration who priate time in the near term, imme- walked through and it was brought up, asked the Senate not to vote on the diately when we get back from the re- and since I was in that other capacity Chemical Weapons Convention. Do you cess, and I will, as they say, Madam for so long, I felt obliged to speak up. know why? Because they didn’t have President, fill in the blanks in terms of I see my friend from North Carolina enough votes to ratify the treaty. And what the absolute detail and each of is here. I do not know if he wishes to why did they not have the votes to rat- the numbers are, because I have tried speak on judges or foreign policy mat- ify the treaty? Because in their zeal to to recall some of them off the top of ters, but whichever he wishes to speak force this treaty down the throats of my head, not having intended to speak on, I am sure it will be informative. I Senators, they refused flat out to ad- to this issue when I walked across the yield the floor. dress any of the serious concerns that I floor earlier. Mr. HELMS addressed the Chair. had and a growing number of other Let it suffice to say at the moment, The PRESIDING OFFICER (Mr. Senators had about this treaty. at least for me, that it is totally appro- BROWNBACK). The Senator from North I remember thinking last year, and I priate for any U.S. Senator to voice his Carolina is recognized. am thinking now, about what Sam or her opposition to any nominee for Mr. HELMS. Mr. President, let me Ervin said so many times. He said, the Court, and they have a full right to say that I always enjoy my friend, Sen- ‘‘The United States had never lost a do that. In my study of and teaching of ator BIDEN—all of it. You have to wait war or won a treaty.’’ And you think constitutional law and separation of awhile sometimes, but the enjoyment about the treaties that we have gotten powers issues, there is nothing in the is nonetheless sincere. into, and Sam Ervin—I think he got Constitution that sets the standard f that from Will Rogers—but wherever it any Senator has to apply, whether they came from, it is true, and particularly vote for or against a judge. CHEMICAL WEAPONS CONVENTION in a document such as the Chemical But I also respectfully suggest that Mr. HELMS. Mr. President, the re- Weapons Convention. everyone who is nominated is entitled marks I am about to make will prob- So the suggestion, whether stated or to have a shot, to have a hearing and to ably be the best kept secret in Wash- implied, that we are somehow holding have a shot to be heard on the floor ington, DC, tomorrow morning in the this treaty hostage is not only fraudu- and have a vote on the floor. Washington Post or whatever. Instead, lent, it is simply untrue. You will not

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But the fact is that I March 5, the staff of the Foreign Rela- that pose a chemical weapons threat to met for 4 hours yesterday evening with tions Committee has participated in us—such as Iraq, Syria, Libya, North the distinguished Senator, JOE BIDEN, more than 50 hours of negotiations Korea—are signatories to the treaty. and we went down a list of many issues with the administration and other pro- They are free to pursue their chemical in that proposed treaty. And we re- ponents of this treaty. And I must add weapons programs unimpeded by this solved most of them. that the distinguished majority leader, treaty. And the intelligence commu- Let me talk a little bit about the to his credit, has already devoted an nity has made clear—I do know wheth- suggestion that the committee, the extraordinary amount of time and en- er it has been reported in the news or Foreign Relations Committee, of which ergy to this issue. not—but the intelligence community I am chairman, is failing to fulfill its Last night, the distinguished ranking says it is not possible to monitor the responsibilities to address the Clinton member of the Foreign Relations Com- compliance of signatory nations with a administration priorities. That simply mittee and I, as I said earlier, spent 4 high level of confidence. This is a mat- is not so. hours in my office negotiating specific ter of record. This is a matter of testi- The Foreign Relations Committee provisions with some success. So, in mony before the Senate. was the first to convene a confirmation light of all those efforts, I am per- By the way, Russia is already vio- hearing for a Cabinet-rank official this plexed as to how anyone could conclude lating its existing bilateral chemical year. In fact, the Foreign Relations that we are not working in good faith weapons treaty with the United States. Committee expeditiously considered to resolve this matter. And the Russian military is reportedly and reported both of the President’s Having said that, I think the time working to circumvent the CWC with a Cabinet-rank nominations by the end has come for the administration to ad- new generation of chemical agents that of January. Indeed, we have cleared the dress several key concerns. Thus far, I are specifically crafted to evade the calendar of nearly all of the adminis- regret to report we have not had as treaty’s verification regime. tration’s appointees, including one As- much success as I would have hoped. So if the chemical weapons treaty sistant Secretary of State and several Indeed, it is becoming clear that the will not do anything to reduce the dan- Ambassadors. administration is treating these nego- gers of chemical weapons, what will it Let us set the record straight with tiations as an empty exercise, a per- do? Good question. respect to negotiations concerning the functory hurdle over which they must Well, for one thing, it will, in fact, Chemical Weapons Convention. jump so that they can argue that they increase access to dangerous chemical I personally met with the National ‘‘tried to negotiate’’ with me and with agents to those terrorist states that do Security Adviser in my office on Feb- the Foreign Relations Committee. sign the treaty. Now, Douglas Feith, a ruary 5 of this year. In that meeting, I As a result of this unfortunate atti- chemical arms control negotiator in told him that my staff was prepared to tude on the part of the White House, the Reagan administration, pointed begin discussions with his staff imme- very little progress is being made to out last week in the New Republic that diately. Well, day after day after day bridge the wide gap between us on a the CWC will give the terrorist regimes passed, and I received not one syllable number of important provisions of the in Iran and Cuba the right to demand of reply whatsoever to that offer. chemical weapons treaty. access to the chemical markets of the In an effort to get around the im- Our staffs have been able to reach de- United States and all other signatory passe, I wrote a seven-page letter to finitive agreement with the adminis- nations and will create a treaty obliga- Mr. Berger, dated February 13, reit- tration on only 8 of 30 provisions. Of tion for signatory nations to sell or erating my request to begin staff-level those, three are simple reporting re- give them chemical defensive gear, negotiations and proposing concrete quirements and one is a nonbinding which is essential for any offensive pro- solutions for addressing the concerns sense-of-the-Senate declaration. Not gram. that I and other Senators have about one of the issues that can be regarded Well, the treaty will also endanger this treaty. as critical has yet been resolved. American troops by its forbidding com- Another 2 weeks elapsed before I fi- But, Mr. President, having said all manders in the field from using tear nally received a response from Mr. that, I am still determined to work gas and other ground control agents. Berger—four paragraphs long—in with the administration and others to Worst of all, on top of all of these which he did not respond to one single see if we can resolve our differences on other deficiencies, it will impose doz- proposal contained in my letter. In- a chemical weapons treaty. But if we ens of new regulations and unprece- deed, he reiterated his refusal to send are going to do that, the administra- dented and unconstitutional inspec- any of his staff to meet directly with tion needs to return to the bargaining tions on between 3,000 to 8,000 Amer- the staff of the Foreign Relations Com- table and negotiate with my staff and ican businesses. Under the chemical mittee. with me in good faith. The way they weapons treaty, foreign inspectors will Then, on February 27, the chief of have been acting, they said, ‘‘Well, be authorized to swoop down on Amer- staff of the Foreign Relations Com- we’ll work it out.’’ ‘‘I’ll do what I think ican businesses—without a criminal mittee, Adm. Bud Nance—who, by the is right,’’ they say. ‘‘And you do what search warrant or even probable way, is recovering nicely from a near- we think is right.’’ So that does not cause—and they can rifle through the fatal automobile accident that oc- make it a 50–50 proposition, which I am records of these businesses, interrogate curred last December, just before not going to accept. the employees, and even remove chem- Christmas—came from his home in The administration needs to realize, ical samples. That is not only an in- McLean to the Senate for the sole pur- in no uncertain terms, that unless and fringement on the constitutional rights pose of attempting to bridge this im- until they satisfy the number of con- of Americans, it is an invitation to in- passe. On that day, Admiral Nance met cerns that various Senators, including dustrial espionage. Any treaty that with the heads of legislative affairs of this Senator, have relating to the trea- gives foreign inspectors greater powers both the State Department and the ty’s universality, verifiability, con- of search and seizure than those grant- NSC. stitutionality, and crushing impact on ed American law enforcement officials Well, then, we move forward to business, I am not going, personally, to under the U.S. Constitution is a treaty March 5. Mr. Berger finally allowed the move on the CWC, period. in need of serious modifications. NSC staff to begin discussion with the The chemical weapons treaty, as it Last, this treaty has already begun staffs of interested Senators. So those now stands, is not global, as it is to lull the United States and our allies Senators who are counting every day claimed to be. It is not verifiable. And into a false sense of security by cre- from now until April 29 should ask Mr. it imposes costly and potentially un- ating the false impression that some- Berger why he dillied and dallied away constitutional regulatory burdens on thing is being done about the problem the month of February and refused to American business. of chemical weapons when, in fact,

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2543 nothing, nothing is being done by the cide to become a party to the CWC at going to have to be a lot of action treaty. I could come up with no other a later date—perhaps after improve- going a long way in our direction on a explanation for why the then-Vice ments are made to enhance the trea- number of substantive issues. Chairman of the Joint Chiefs of Staff, ty’s effectiveness—it is hard to believe For the information of anybody who Admiral Owens, would try to strip its preferences regarding implementing may be interested, I remain of the more than $800 million in chemical de- arrangements would not be given con- opinion, as I indicated in my January fensive funding from the fiscal years siderable weight. This is particularly 29 letter of this year to the majority defense plan, or why the Chairman of true,’’ this is what they wrote in the leader, that once we have succeeded in the Joint Chiefs of Staff, General op-ed piece, ‘‘This is particularly true having comprehensive reform of U.S. Shalikashvilli, would recommend that since the United States would then be foreign affairs agencies, reform of the $1.5 billion be taken out of our defense asked to bear 25 percent of the total United Nations, and once the modifica- spending. cost of the implementing organiza- tion of the ABM and CFE treaties are Do not take my word for it. Listen to tion’s budget.’’ submitted to the Senate for advice and constitutional scholars such as Robert Now, Mr. President, it will be a con- consent, I will be more than willing to Bork, Ed Meese. Listen to foreign pol- cession of diplomatic incompetence to turn my attention to the matter of the icy experts such as Jeanne Kirk- try to argue that the U.S. Government CWC. I might be persuaded to turn to it patrick, and Alexander Haig, and is incapable of negotiating a seat on earlier than that. Even so, any resolu- former Secretaries of Defense Dick the Executive Council and the U.S. par- tion of ratification for the CWC must Cheney, Caspar Weinberger, Donald ticipation in the inspection regime of a provide key protections relating to the Rumsfeld, and James Schlesinger, or treaty for which the American tax- treaty’s verification, lack of applica- ask Henry Kissinger about it. Defense payers are footing 25 percent of the bility to rogue states, constitu- Secretaries of every Republican admin- bill. In fact, U.S. inspectors will be tionality, and its impact on business. istration since Nixon have come out hired if and when the Congress agrees Now, I am very sincere when I say against this treaty, along with lit- to fork over millions upon millions of that I hope we can work out our dif- erally dozens of generals, admirals and American taxpayers’ dollars to finance ferences. I am certainly willing to try. senior officials from the Reagan, Bush, this new organization. I hope I demonstrated that last evening Nixon, FORD, and even the Carter ad- As for the effects on industry, Secre- and on occasions earlier than that. ministrations. If the Clinton adminis- taries Schlesinger, Weinberger, and But, in the end, whether or not we tration chooses not to address the con- Rumsfeld made very clear there will be reach agreement is a decision that only cerns that these distinguished experts very few, if any. ‘‘The preponderance of the Clinton administration can make. I and a number of Senators have enu- trade in chemicals would be unaffected think they ought to get about it and merated, that is their decision, but by the CWC’s limitations, making the let us see what we can work out to- they will not get the CWC unless they impact of staying out of the treaty re- gether on a fair and just basis. sit down and talk about the problems gime, if any, fairly modest on Amer- I yield the floor. that some of us have. ican manufacturers.’’ Mr. BIDEN. Mr. President, again, I Now, we have already sat down. We It turns out that the Chemical Manu- did not anticipate that I would be have begged to sit down before. We facturers Association has acknowl- speaking to this issue. Fortunately, or have scheduled. We have written let- edged that it will not lose, as it had unfortunately, I am on the floor, and I ters, all to no avail. previously claimed, $600 million in ex- understand why the Senator from One other myth about the treaty, the port sales. The Chemical Manufactur- North Carolina came over to speak in myth of this April 29 deadline. We hear ers Association now admits that less light of things that were said earlier over and over again, ‘‘If we miss this than one-half of 1 percent of U.S. chem- today when he was not here and I was deadline, it will be terrible.’’ Now, let ical exports will be affected by this not here. I would like to respond, at me say, Mr. President, there has to be treaty, and even that number, even least in part, to what my distinguished an end to the administration’s Chicken that number is highly suspect. colleague has said. Little pretense that the sky is going to Mr. President, it is time that the Let me begin by parcelling this out fall if an agreement is not reached by contrived myth of cataclysmic con- into three pieces. First, is the issue of April 29. This artificial deadline is a sequences of April 29 be put to rest whether or not the administration has fraud created by the administration once and for all. More important than acted in good faith; second, is not when they gave the Hungarian Govern- any artificial deadline is the need to whether or not the substantive issues ment the green light to drop its instru- resolve the substantive issues that di- raised by the distinguished Senator ment of ratification. The Hungarians vide us. Without significant changes from North Carolina are accurate, but had sought U.S. guidance on how to governing U.S. participation, agreed to whether or not there is a response to proceed, and the administration ex- in a resolution of ratification, there is them; I think his concerns are not ac- pressly told the Hungarians to go right no point in ratifying the CWC. In that curate; and third, whether or not the ahead. case, what happens, if anything, after ultimate condition being laid down by The administration has one purpose, April 29, is academic. the Senator from North Carolina, as I and that was to manufacture, to con- On the other hand, if the administra- understand it—and I could be wrong—is trive, to pretend, to have a drop-dead tion does come to agreement with us appropriate. date to blackmail the Senate into on these and other matters after April Let me begin, first, by talking about rubberstamping this dangerously defec- 29, or even before, I am confident that the administration. It is true that the tive treaty. Now, I for one am not the distinguished Secretary of State distinguished Senator from North going to be blackmailed into permit- Madeleine Albright can and will ensure Carolina and I spent almost 41⁄2 hours ting a flawed treaty to be approved by the United States’ interests are pro- last night addressing, in very specific such tactics. Further, the administra- tected. Madeleine Albright is a tough detail—apparently without sufficient tion is disingenuous in arguing that lady and a capable negotiator. success—the concerns the Senator from the United States will be ‘‘shut out’’ of Mr. President, if the administration North Carolina has about this treaty. I the Executive Council that implements really wants this treaty by the artifi- note—and I will come back to this— this chemical weapons treaty, and that cial deadline that they deliberately that the universe of concerns expressed the U.S. personnel will be barred from created, they will have to return to the by the Senator from North Carolina the inspection regime if the United negotiating table and begin working in were submitted to me in writing some States does not ratify by April 29. good faith with the staff of the Foreign time ago. Although they have expanded Horse feathers. Relations Committee and with me. Let slightly, they total 30, possibly 31, con- As former Defense Secretaries James me reiterate that I spent 4 hours last cerns. Schlesinger, Caspar Weinberger, and evening with the distinguished Senator When I became the ranking member Donald Rumsfeld noted recently in an from Delaware, [Mr. BIDEN]. He oper- of this committee, I approached the Op-ed in the Washington Post, ‘‘In the ated in good faith and so did I. That is distinguished chairman and said I event that the United States does de- what it is going to take. But there is would very much like to work with

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2544 CONGRESSIONAL RECORD — SENATE March 19, 1997 him, I would very much like to cooper- appropriate forum. I can understand by the Republican task force named by ate, and I would very much like to that. Those of us who have been chair- the majority leader, and instructed by work out a forum in which we could men do not like the fact that a major- the majority leader to deal with that settle our differences relating to what ity leader will sometimes come along group. Simultaneously, I sat for hours is sound foreign policy. and say, ‘‘By the way, even though this and hours with Senator HELMS’ staff, The agreement made by the Senator is within your jurisdiction, we are and then last night, at the end of the from North Carolina with regard to the going to appoint a task force beyond process, with Senator HELMS himself Senator from Delaware was this: I said your jurisdiction.’’ for 4 hours. I will estimate that I sat I am willing to meet with your staff— But the truth of the matter is, pic- with the staff and my staff sat with you need not be there, Mr. Chairman— ture the quandary of the President of HELMS’ staff 20 hours or more. and discuss in detail every single con- the United States after a discussion Again, Senator HELMS was very cern you have. I am even willing to go with the majority leader of the U.S. straightforward with us. He gave us a out to Admiral Nance’s home, because Senate, and the majority leader said, document listing his 30 concerns, some he was seriously injured. I am willing ‘‘Here are the folks you are supposed to of which were the same and some of to go to his home and conduct these deal with.’’ I challenge anyone on Sen- which were different. This is the docu- discussions. And to the credit of the ator LOTT’s staff who are the main ment presented to me. Over a period of chairman, he dispatched his staff to do players in this to suggest that the ad- hours and hours and hours of negotia- that with me, my staff included, and I ministration didn’t deal in good faith tion, I agreed on 21 of the 30 issues do not know, I will submit for the with them. There were hours and hours raised by Senator HELMS, disagreed on RECORD, the total number of hours we and hours of detailed negotiations with 9, 3 of which I indicated I would not did this. But I know that I, personally, this group. take opposition to but I didn’t support. in addition to meeting with the Sen- I say to my friend from North Caro- So with all due respect to my distin- ator from North Carolina, have met lina, put the shoe on the other foot. He guished chairman, he may not have with the staff for hours and hours. And is the President of the United States. been aware and his staff may not have our staffs have met for a considerably Here is a Democratic majority leader. informed him of the hours and hours longer period of time—not in a generic He wants a treaty passed. The Demo- and hours and hours of detailed nego- discussion of this treaty, but on spe- cratic majority leader goes to him and tiation between the Lott task force, in- cific word-by-word analyses, negotia- says, ‘‘I have appointed a committee of cluding his staff and the administra- tions, and agreement on the detail of Democrats interested in this subject. I tion. But had he been informed, he proposals made by the distinguished would like you to negotiate with them, would know that those negotiations Senator from North Carolina about not with BIDEN, the chairman of the began at the instruction of Senator how he feels the treaty has to be rem- committee. He is part of this group.’’ LOTT on the 29th of January. edied. So, beginning on January 29, Sandy So I am sure when the Senator reads So what has the administration been Berger, Bob Bell, his chief negotiator, this in the RECORD or is informed by doing? I think, to use an expression my and the administration met for scores his staff, he will realize that the fact grandmom used to use, ‘‘Sometimes of hours. I don’t mean 2. I don’t mean he didn’t meet with Sandy Berger until there is something missed between the 10. I don’t mean 20. I mean 30 or 40 February 15 should not be a surprise. cup and the lip.’’ The administration— hours worth of negotiations with the Sandy Berger thought he was meeting as I tried to explain to my friend from principals, with the Republican Sen- with Senator Helms when he met with North Carolina last night, and his staff ators, as well as without them. Guess Senator Lott’s task force. on other occasions—was giving con- what. They reached an agreement. Let me tell you what was the agreed flicting marching orders. The adminis- There is a universe of 30-some amend- objective of the task force and of my tration, after direct discussions with ments. I hold it up now. This is what negotiations. It was this, that we Majority Leader LOTT prior to January was presented to the administration by would put all of the universe of objec- 29, agreed to meet and discuss this in this coalition of Republican Senators tions—and I hope those who follow this detail with a task force that Senator concerned about the treaty. It, in fact, in the press, watching this now or read- LOTT named. Senator LOTT named a lists every known objection, every ob- ing it later, will understand precisely task force of interested Republicans. jection raised by any Republican that what I am about to say. The objective They included the distinguished we are aware of or that the administra- was—I think the Presiding Officer, who chairman of the Foreign Relations tion is aware of about the treaty. The has been involved in and interested in Committee; the distinguished senior number is 30. this issue, may be aware of this as well. Senator from Alaska, Senator STE- This document I have here listing It was agreed that the Republican ob- VENS; Senator SMITH of New Hamp- those 30 concerns—not only concerns, jections—legitimate—would be put in shire; Senator KYL of Arizona; Senator 30 specific conditions—which the Re- writing, which they did. All of them WARNER of Virginia, and others, who publican task force, staffed by Senator would be laid down, which they were. were to sit down and discuss with the LOTT’s staff and all other members’ They said they totaled 30. They would administration their concerns about staff, listed. And they are listed. The be talked about, fought over, nego- this treaty and how they felt the trea- specific proposals are listed that were tiated, to see if there could be a com- ty had to be changed. The first meeting made by the Republican task force. promise reached, and, at the end of the of that task force, of which Senator No. 1, enhancement to robust chem- day, there would be two lists. Every HELMS was a part, appointed by Sen- ical and biological defenses. And they one of those 30 amendments would fall ator LOTT, occurred on January 29. propose then two pages of language, in either column A, where there was Now, my friend from North Caro- three pages that relate to the condi- agreement between the Lott task force lina—I can understand why there may tions they would like attached to the and the administration, and hopefully be confusion here. He said that Sandy treaty. That was repeated 30 times as BIDEN and HELMS. Those things which Berger, the National Security Adviser, is appropriate. The administration could not be agreed to in column B. dallied away the month of February. spent 30 or more hours sitting with They got this picture. He was dallying with Senator LOTT; he these members and/or their staff and Thirty written conditions seeking to was dallying with Senator WARNER; he coming to an agreement on 17 of them, alter the interpretation of the treaty, was dallying with Senator SHELBY; he disagreeing on 13. or defend the intent of the treaty, put was dallying with Senator BOB SMITH; So, simultaneously, later Senator on paper, negotiated between the ad- he was dallying with Senator KYL; he HELMS and I began a process that was ministration and the Lott group, and was dallying with a task force ap- tracking the same process. I was not at the end of the day, they would be, to pointed by the Republican leader. part of the Republican group, obvi- use the jargon of the Senate, ‘‘fenced.’’ I can understand why the distin- ously, and I did not represent the ad- That would be the universe of con- guished Senator from North Carolina, ministration in this group. But the ad- cerns, because, obviously, you can’t ad- the chairman of the Foreign Relations ministration sat down and in detail re- dress a concern unless you know what Committee, might not feel that is an sponded to every single concern raised it is. They are the universe of concerns

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2545 raised about the treaty. And there How is that a negotiation? That is an That was the product of hours and would be either conditions 1 through 30 ultimatum. That is not a negotiation. hours and hours and hours of detailed placed in column A, where there is So I hope he does not mean it. negotiation. I say to the Presiding Offi- agreement to alter the treaty, or to I cannot believe, I do not believe Sen- cer and anyone who is listening to this, add a condition to the treaty, I should ator HELMS means that if the adminis- I am not talking about general agree- say to be precise, or column B, where tration does not come up now and sepa- ment. I am talking word-by-word spe- there is no agreement. rately negotiate with him after having cific agreement on every comma, Then what was envisioned was at the settled the negotiation with the group whether it should say ‘‘shall’’ or end of that process, within time, suffi- called the Lott group, unless the ad- ‘‘should,’’ every single word of their cient time to consider this in this ministration agrees to Senator HELMS’ conditions, the majority of which were Chamber, there would be the following version of universality, Senator HELMS’ agreed to, compromise was reached on; process. The treaty would be brought version of verifiability, and Senator the minority of which there was no up from the desk, stripped of any con- HELMS’ version of constitutional re- compromise. ditions that were reported out of the quirements, et cetera, he will not let I then was informed by the adminis- Foreign Relations Committee last the treaty be voted on, because when tration in the person of Bob Bell and time—this was the hope—and we would you cut through everything, that is Sandy Berger that to their surprise ei- have the following procedure. Senator what it sounded like. ther Senator HELMS’ staff or someone HELMS and Senator BIDEN, as envi- I said at the outset I divided this into purporting to represent Senator HELMS sioned by the Lott group, would offer three pieces. One, whether or not there at last Thursday’s meeting, which was on behalf of the Lott group, Democrats was negotiation by the administration supposed to tie this in a knot, define and Republicans and the administra- in good faith. I will just let the record the universe of conditions, place them tion, a package in column A. stand. And I repeat again, Senator all in one of two categories, and get about the business of proceeding on the That package with the administra- LOTT—and I do not know the exact cir- tion would number 17, and if I were cumstances under which it came about, treaty, at the last minute—literally willing to add to that package with but I assume it was after discussion the last minute—as I understand it. I mean, the meeting was over—the ad- Senator HELMS over the objection of with the President of the United States ministration walked in the meeting, as the administration, that could be of America, President Clinton—set up a brought up to 21 out of the 30 concerns I understand the Lott group thought task force that included Senator STE- that everyone agreed on or 17 of the 21 they were walking in the meeting, to VENS, Senator HELMS, Senator KYL, the administration agreed on and tie this knot, everything in column A Senator WARNER, Senator SHELBY, Sen- BIDEN would support HELMS on 4 addi- or column B. Someone suggested that ator NICKLES, Senator Bob SMITH, and tional ones whether the administration the chairman of the full committee did Senator MCCAIN. The President of the liked it or not, leaving maximum 13, not find that appropriate. So I met United States was told by the distin- minimum 9, conditions that could not with the Democratic leader and the ad- guished majority leader, Senator LOTT, be agreed upon. ministration. I went in the leader’s of- these are the people I want you to sit That was done. They are the numbers fice. I said I believe Senator HELMS is that we were left with. Then it was en- down with and try to work out their still operating in good faith, as I be- visioned that after passing the agreed- concerns. lieve he still is. I don’t want to confuse That first meeting took place on Jan- to conditions, we would then move to this negotiation, but why don’t you au- uary 29. I began my meetings with Sen- the conditions upon which we did not thorize me, Democratic leader, to ator HELMS on February 11. Again Sen- agree, and the Republicans under the speak for the Democrats? Why don’t ator HELMS and his staff were part of leadership of Senator HELMS would you let me go sit down with Senator the Lott task force. offer those conditions as we do on HELMS and try to get to the bottom of So although I understand that Sen- other treaties. I would be given the what appears to be a misunderstanding ator HELMS might not have liked that right to offer an alternative or to here? Because the understanding by arrangement, I ask him to consider the amend them, and we would vote ad se- the Lott group and the administration dilemma that the administration was riatim. Then at the end of the day, was that this was supposed to be all placed in when being told by the major- after having disposed of all 30 of the tied up with a unanimous-consent ity leader: negotiate with this group. I concerns, we would then vote up or agreement last Thursday. assure you, I promise you, I commit to down on the treaty. So I sought a meeting with Senator you, to every Member of the Senate in Now, I call that a negotiation. I have HELMS and he graciously agreed. And I been here for 24 years. I have been in- my discussions with the President, kept him very late. He had a very busy volved in a lot of serious negotiations. with the Secretary of State and with day. I sat with him in his office last I have never been involved in negotia- the National Security Adviser, they all night until 8:30. The meeting began tions where more people who were ap- believed they were negotiating with around 4 o’clock in the afternoon, pointed to participate have acted in the appropriate parties in the Senate without any break, without any inter- good faith. Think about this now. because that is what the majority lead- ruption. I took out a document that his Name me a circumstance where a trea- er told them to do. staff had prepared. It is dated March 13, The second point. They conducted a ty has been presented by a Democrat or ‘‘To the Honorable TRENT LOTT, major- Republican President where there have negotiation which culminated in an ity leader, from JESSE HELMS, Chair- been 19 conditions agreed to on that agreement that ended last Thursday man of the Foreign Relations Com- treaty, or 21 conditions in my case, 17 when Bob Bell, representing the admin- mittee, subject: Status of negotiation in the case of the administration, and istration, sat down with the principals over key concerns relating to the then we vote on another either 13 or 9 as well as all the staffers of those eight CWC.’’ additional changes. Senators, including Senator LOTT’s And then Senator HELMS, in that What I think my friend is saying— staff, and produced the document I memo to Senator LOTT, listed—and maybe he does not mean to say it— have in my hand listing all 30 condi- they are numbered—listed 30, ‘‘con- what I read him to say is, unless you tions raised by the Republican task cerns relating to CWC.’’ Each of those agree with us on the other nine, we are force, including Chairman HELMS, and concerns had, and it was very helpful not going to let you vote. placing every condition either in col- the way it was organized, listed, No. 1 Now, look, I doubt whether my friend umn A or column B—column A mean- through 30, and then at the top of each from North Carolina would find it ap- ing those conditions where they have of the numbers it said, ‘‘status,’’ status propriate if the American textile work- been worked out and agreed to, where relative to the administration: No ers sat down with Burlington Mills or the Lott task force, representing the agreement with the administration or any other textile owner and said, we Republicans in the Senate, and the ad- agreement with the administration. are going to negotiate a new collective ministration reached an agreement on So I sat down with Senator HELMS, bargaining agreement and we are going a condition they could both accept; and because I am very jealous of the pre- to go on strike unless you agree on column B, where they could not accept, rogatives of the Senate versus any ad- every one of our conditions. they could not reach an agreement. ministration, and feel very strongly

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2546 CONGRESSIONAL RECORD — SENATE March 19, 1997 about the role of the Senate in trea- is appointment powers, second is trea- From the nuclear nonproliferation ties. I sat down with Senator HELMS ty powers, and the other is war powers. treaty, to the missile technology con- with the understanding and knowledge Then there is the so-called vertical trol regime, to the comprehensive test on the part of the administration, who question of the separation of powers: ban treaty, and to the chemical weap- knew I might not agree with them on State government versus Federal Gov- ons convention itself, we have fought everything, and my Democratic leader, ernment; individuals versus State or for establishing accepted norms of be- and for 41⁄2 hours went through all 30 Federal Government. On the issue of havior. issues, point by point. I reached agree- the treaty power, I would observe what I happen to believe that inter- ment with Senator HELMS, not on eight I observed earlier about the appoint- national norms count. or 13 or 17, depending on whose number ment power. Nowhere in the Constitu- In a recent article that I coauthored you take as to whether the Lott group tion does it say that the Judiciary with my distinguished colleague, Sen- and the administration agreed. The ad- Committee shall decide who should or ator RICHARD LUGAR, we noted that ministration thinks they agreed on 17. should not be a judge. It says, the Sen- such norms provide standards of ac- Senator HELMS said they only agreed ate. Nowhere in the Constitution does ceptable behavior against which the ac- on eight. I don’t want to get into that it mention the Foreign Relations Com- tions of states can be judged. They also fight. But I can tell you what I did. I mittee. It mentions the Senate. So, I provide a basis for action—harsh ac- agreed on 21 of the 30. I disagreed with do think it is inappropriate, from a tion—when rogue states violate the the administration on several points constitutional perspective, to deny the norm. Senator HELMS raised because I think Senate, if that were anyone’s inten- Suggesting that we should now take he was right. They relate to the prerog- tion, and I am not convinced it is yet, a back seat to the likes of North Korea atives of the Senate. the right to vote ‘‘yea’’ or ‘‘nay’’ on and Libya does a grave injustice to our Let me give an example. Under the ratifying a treaty or any conditions record of international leadership and Constitution, the U.S. Senate has a thereto. leaves such nations free to act as free right to reserve on any treaty. We So now let me leave the item I men- operators without fear of penalty or re- wanted to restate that right. The ad- tioned I would speak to first, whether taliation by the nations whose armies ministration didn’t want that right re- or not there were good-faith negotia- and citizens they threaten. stated in the treaty as a condition. I tions on the part of the administration. The fact that there is now no inter- agreed with Senator HELMS, it should I hope I have amply demonstrated that national legal prohibition against the be restated; notwithstanding the fact there were. They thought they were development of chemical weapons we are not reserving on this treaty, we supposed to deal with the task force should not be lost here. had a right to reserve if we wanted to. the majority leader of the Senate said The suspected programs that treaty That is called preserving the preroga- deal with, and they did it in good faith. opponents are so concerned about are tives of the Senate delegated to the I would be very surprised if any mem- right now entirely legitimate accord- Senate in the Constitution of the ber of that group—I have not spoken to ing to international law, and we have United States of America. That is an any of them because I am not part of already had a telling example of what example of one of the areas where the that group, from Senator WARNER to can result from this perverse situation. administration was unwilling to agree Senator STEVENS to Senator MCCAIN to The Japanese police were aware, be- Senator KYL—would come to the floor with Senator HELMS and I was willing fore a cult attacked the Tokyo subway to agree. and say the administration did not ne- with sarin nerve gas in 1995, that the So at the end of the day we agreed to gotiate in good faith to us, tirelessly, cult was manufacturing the gas—but 21 items, and I was willing to make the hour after hour after hour. they had no basis in Japanese law to do case to my Democratic leadership, to (Mr. SESSIONS assumed the chair.) anything about it. Mr. BIDEN. Mr. President, let me put into column A. So that we would That will change, both internation- move to the next point that relates to have one vote on 21 conditions to the ally and domestically, once the CWC the merits of this treaty. That is a le- treaty when it was brought up, leaving enters into force. gitimate area of disagreement. I will be only 9 areas where we disagree. Of The convention will establish an brief because I am keeping the staff those nine, we were perilously close to international norm against the devel- and the pages, who have to go to school opment of chemical weapons. It will agreement on several. I call that, in tomorrow morning, very late. the universe of negotiations, good-faith provide the legal, political, and moral UNIVERSALITY negotiations. basis for firm action against those that But, if by negotiating one means that Critics charge that the CWC will be choose to violate the rules. If the goal ineffective because rogue states such as the President or those who support the of treaty opponents truly is to target Syria, Iraq, North Korea, and Libya— treaty, like Senator LUGAR, a Repub- the chemical weapons programs of sus- all of whom are suspected of or con- lican, or Senator BIDEN a Democrat, pect states, then joining the conven- firmed to have chemical weapons— have to agree to a condition that would tion is the best way to achieve this ob- have not joined the convention. jective—and refusing to join is the sur- kill the treaty, then that is not a nego- Therefore, the argument goes, the est way to protect the world’s bad ac- tiation. That is an ultimatum. Now, I United States should withhold its rati- tions. am confident the Senator from North fication until these states join. Carolina cannot mean that, and I am I could not disagree more. VERIFIABILITY hopeful that we will continue to talk Just think of it. The logic of this ar- A great benefit of the chemical weap- about the nine that remain unresolved. gument would lead us to a world where ons convention is that it increases our But at the end of the day, with all due rogue actors—not good international ability to detect production of poison respect, the Senate has a right to work citizens—determine the rules of inter- gas. its will. national conduct. Regardless of whether we ratify this I am a professor of constitutional law Such a policy would amount, effec- convention, regardless of whether an- at Widener University law school. I tively, to a surrender of U.S. national other country has ratified this conven- have taught, now, for a half a dozen se- sovereignty to the actions of a few. tion, our intelligence agencies will be mesters, a seminar to advanced stu- Instead of the United States actively monitoring the capabilities of other dents in constitutional law on separa- leading international coalitions and countries to produce and deploy chem- tion of powers. One of the things I ex- setting tough standards on non- ical weapons. The CWC will not change pressly teach is the treaty power in the proliferation matters, the convention that responsibility. Constitution. That is, for lack of a bet- opponents would have us do nothing What this convention does, however, ter shorthand, those powers separated until every two-bit rogue regime would is give our intelligence agencies some between the executive, the legislative, decide for us when we should act. additional tools to carry out this task. and judiciary. And among those things, This reasoning is contrary to the In short, it will make their job easier. in terms of that horizontal separation, record of the past 40 years, during In addition to onsite inspections, the there are areas that have been in dis- which the United States has led the CWC provides a mechanism to track pute for the last 200 years. One of them way in nonproliferation initiatives. the movement of sensitive chemicals

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2547 around the world, increasing the likeli- am hard pressed to understand how that will harm American exports and hood of detection. This mechanism anyone can seriously contend that the jobs. consists of data declarations that re- convention conflicts with the Constitu- I know that my friend says a lot of quire chemical companies to report tion. chemical companies do not like this. I production of those precursor chemi- There is nothing in the convention come from a State that has a little bit cals needed to produce chemical weap- that would require the United States of an interest in chemicals, the single ons. This information will make it to permit a warrantless search or to most significant State in America that easier for the intelligence community issue a warrant without probable deals with chemicals. A little company to monitor these chemicals and to cause. Nor does the convention give called Du Pont; a little company called learn when a country has chemical any international body the power to Hercules; a little company called ICI weapons capability. compel the United States to permit an Americas; a little company called Du In testimony before the Senate For- inspection or issue a warrant. Pont Merck—little pharmaceutical eign Relations Committee in 1994, R. This is the overwhelming consensus outfits who are among the giants in James Woolsey, then Director of Cen- among international law scholars that the world. They are not what you call tral Intelligence, stated: ‘‘In sum, what have studied the convention, two of liberal Democratic establishments. the chemical weapons convention pro- whom have written to me expressing They are ardently—I can testify—they vides the intelligence community is a their opinion that the convention is are ardently in favor of this treaty. new tool to add to our collection tool constitutional. I ask unanimous con- They believe it is desperately in the in- kit.’’ sent that the letters of Harvard law terest of the United States of America Recently, Acting Director of Central professor, Abram Chayes, and Colum- and their interest. This is not a bunch Intelligence, George Tenet, reempha- bia law professor, Louis Henkin, be in- of lib labs out there who are arms con- sized this point before the Senate Se- cluded in the RECORD following my trollers running around saying, ‘‘Dis- lect Committee on Intelligence. Mr. statement. arm, ban the bomb.’’ These are For- Tenet stated: ‘‘There are tools in this The PRESIDING OFFICER. Without tune, not 500, not 100, 10, Fortune 10 treaty that as intelligence profes- objection, it is so ordered. companies that are saying, ‘‘We want sionals we believe we need to monitor (See exhibit 1.) this treaty.’’ And further, ‘‘We will be the proliferation of chemical weapons Mr. BIDEN. So let me make this harmed if we do not enter this treaty.’’ around the world. * * * I think as intel- point absolutely clear, despite what op- This overall governing body, known ligence professionals we can only ponents of the convention have said, as the Conference of State Partners, is gain.’’ there will be no involuntary going to meet soon after April 29 to No one has ever asserted that this warrantless searches of U.S. facilities draw up the rules governing the imple- convention is 100 percent verifiable. It by foreign inspectors under this con- mentation of this treaty. If we, to use simply is not possible with this or any vention. the vernacular, ‘‘ain’t’’ in by the 29th, other treaty to detect every case of In light of this, I hope that the con- if we are not on by the 29th, we do not cheating. But I would respectfully sub- stitutionality of this convention will get to draw up those rules. mit that this is not the standard by not become an issue in this debate. There used to be a distinguished Sen- which we should judge the convention. Let me conclude that portion by sug- ator from Louisiana I served with for a Instead, we should recognize that the gesting to my distinguished colleague long time. My friend, the Presiding Of- CWC will enhance our ability to detect from Alabama, who is presiding, that I ficer, knew him from his days up here. clandestine chemical weapons pro- believe, on the merits, this is a good His name was Russell Long. He used to grams. The intelligence community treaty. It is not merely me. The Sen- say kiddingly, ‘‘I ain’t for no deal I has said that we are better off with the ator from North Carolina listed people ain’t in on.’’ But the chemical indus- CWC than without it—that is the who do not think it is a good treaty. I try, which is our largest exporter—hear standard by which to judge the CWC. will submit for the RECORD everyone, what I just said—the biggest fish in the CONSTITUTIONALITY from General Schwarzkopf to the Joint pond are saying, ‘‘We want to be in on One of the issues that should not be Chiefs of Staff to Senator LUGAR, peo- the deal.’’ contentious, and I hope will not con- ple who believe very, very fervently, as That is why the 29th is important. If tinue to be a focus of attention, is I do, this is clearly in the over- we are not a party to the CWC, we will whether the convention, and particu- whelming national interest of the not be a member of that conference. larly its inspection regime, is constitu- United States of America. I ask unani- And this body, with no American input, tional. mous consent that a list of supporters Every scholar that has published on could make rules that have a serious of the CWC be printed in the RECORD at the subject, and virtually every scholar impact upon the United States. the conclusion of my remarks. Third, there will be a body called the that has considered the issue, has con- The PRESIDING OFFICER. Without executive council with 41 members on cluded that nothing in the convention objection, it is so ordered. which we are assured of a permanent conflicts in any way with the fourth (See exhibit 2.) amendment or any other provision of seat from the start because of the size Mr. BIDEN. Now let me move to the the U.S. Constitution. of our chemical industry, that is, if we Indeed, to accommodate our special third issue. The notion of, as my friend have ratified by the 29th. If we ratify constitutional concerns, the United from North Carolina stated, that there after the council is already con- States insisted that when parties to is an artificial date of April 29 made up stituted, then a decision on whether to the convention provide access to inter- by the administration to put undue order a required surprise inspection on national inspection teams, the govern- pressure on the Senate to act. Let me an American facility may be taken ment may ‘‘[take] into account any point out for the Senate that there is without an American representative constitutional obligations it may have nothing artificial about that date. It is evaluating the validity of the request with regard to proprietary rights or real. and looking out for a facility’s interest searches and seizures.’’ What does that mean? It means that because we will not be on the standing In plain English, this means that in- our failure to ratify before the 29th will executive council that makes that de- spectors enforcing the Chemical Weap- have consequences. First, the chemical cision. ons Convention must comply with our weapons treaty mandates trade restric- Fourth, there will be a technical sec- constitution when conducting inspec- tions that could have a deleterious im- retariat with about 150 inspectors, tions on U.S. soil. pact upon the American chemical in- many of whom would be Americans be- It also means that the United States dustry. If the United States has not cause of the size and sophistication of will not be in violation of its treaty ob- ratified, as long as they have not rati- our chemical industry. If we fail to rat- ligations if it refuses to provide inspec- fied, American companies will have to ify the convention by the 29th, there tors access to a particular site for le- supply end user certificates to pur- will be no American inspectors. gitimate constitutional reasons. chase certain classes of chemicals from And finally, and most importantly, In light of this specific text, inserted the CWC signatories. After 3 years, in the long term, by failing to ratify, at the insistence of U.S. negotiators, I they will be subject to trade sanctions we would align ourselves with those

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2548 CONGRESSIONAL RECORD — SENATE March 19, 1997 rogue actors, those rogue states who America, after having already decided obligations of the United States under the have chosen to defy the Chemical in the Bush administration that we Convention and the mandate of the Fourth Weapons Convention. There would be would do away with the use of chem- Amendment. The Convention in its final form is thus fully consistent with U.S. con- irreparable harm to our global leader- ical weapons regardless of what any- stitutional requirements. ship on critical arms control and non- body else did, that we would not now Inspections required by the Convention proliferation issues. lose our place of leadership in the will be conducted pursuant to implementing I will not take the time now to ad- world and our ability to engage in the legislation to be adopted by Congress that dress other concerns that have been moral suasion that relates to non- will define the terms, conditions and scope of raised, because I said I would limit my- proliferation and the diminution of the inspections to be conducted in the United States by the Technical Staff of the self to these three points. weapons of mass destruction, that we Concluding, Mr. President, first, Organization for the Prohibition of Chemical would not now forgo that position Weapons (OPCW) established by the Conven- there has been good-faith, long and se- merely because 1, 2 or 5 or 10 Senators tion. I understand that draft implementing rious negotiations resulting in signifi- said we should not even bring it on the legislation entitled the Chemical Weapons cant movement by the administration floor to debate. Convention Implementation Act, now before on conditions to the Chemical Weapons I do not believe that will happen. But the Congress, specifies the procedures that Convention. then again, my wife thinks I am a will be followed in the case of both routine Second, this treaty is in the over- and challenge inspections carried out pursu- cockeyed optimist. But I do not think ant to the Convention. The Act requires, at whelming national interest of the I am being unduly optimistic or a cock- United States of America, a topic I am a minimum, an administrative search war- eyed optimist. I think having been here rant before an inspection can be conducted, ready, willing, and anxious to debate this long, that the Senate will get a and has elaborate provisions for notice and with my distinguished colleague from chance to work its will. That is all I other protections to the owner of the prem- North Carolina and others who think it am asking. All I am asking is the Sen- ises to be searched. These provisions of the is not. But at a minimum, Mr. Presi- ate get a chance between now and the Act are modeled on similar administrative dent, the Senate should get a chance to inspection regimes already authorized by 29th of April to decide whether it likes Acts of Congress such as the Toxic Sub- hear that debate and vote on whether this treaty or not. I believe every Mem- or not the distinguished Senator from stances Control Act and upheld by the ber of this Senate has the national in- courts. However, if Congress is concerned North Carolina is correct or the Sen- terests of the United States of America that these provisions are constitutionally in- ator from Delaware is correct. in mind when they act and when they sufficient, it is free under the Convention to Third, Mr. President, April 29 is not vote. revise the Act to include more stringent re- an artificial date. Because the trig- Let each of them vote their con- quirements that conform to constitutional gering mechanism was when we got to limitations. Finally, a person subject to in- science on this treaty. If it turns out 65 signatories, and that 6 months after spection may challenge the inspection in a that 66 do not agree with me, then we that date the treaty would enter into U.S. court, which in turn will be bound to in- have spoken, as we did in the League of force. validate any inspection that fails to comply Well, 65 have signed on. And 6 Nations. The consequences of that vote with constitutional requirements. In view of I think were disastrous. I think the the provisions of the Verification Annex months after they got to the No. 65, quoted above, the United States would not happens to be April 29. This is not arti- consequence of failure to ratify this treaty would be disastrous. But I think be in violation of any international obliga- ficial. We did not make up the date. tion in such an eventuality. That is what the treaty says. the consequence of not even letting the For these reasons I conclude that there is So, Mr. President, I sincerely hope Senate vote will be catastrophic. no constitutional objection to the Conven- that my friend from North Carolina, I yield the floor, Mr. President. tion, and that the rights of individuals under having reflected on the quandary the EXHIBIT 1 the Fourth Amendment will be fully pro- administration was placed in, which HARVARD LAW SCHOOL, tected under the Convention and imple- Cambridge, MA, September 9, 1996. menting legislation of the character pres- was to negotiate with the Lott group— ently contemplated. they thought they were negotiating Hon. JOSEPH R. BIDEN, Jr., Ranking Member, Senate Judiciary Committee, In addition, I have been involved in the with Senator HELMS; they thought Washington, DC. field of arms control as a scholar and practi- tioner for many years, going back to the they were negotiating with every Re- DEAR SENATOR BIDEN, You have asked me publican who had an objection, under to comment on the suggestion that the Limited Test Ban Treaty in 1963, in connec- the auspices of Senator LOTT—if they Chemical Weapons Convention (the Conven- tion with which I appeared before the Senate had known that Senator HELMS did not tion), now before the Senate for its advice Foreign Relations Committee as Legal Ad- view that as the appropriate forum for and consent, conflicts with the provisions of viser of the State Department. I have also the Fourth Amendment of the Constitution closely followed the negotiations for the this negotiation, they would have si- Chemical Weapons Convention. The United prohibiting unreasonable searches and sei- multaneously met with him. States has been a prime mover in the devel- zures. In my view, the suggestion is com- But now at the end of the process, opment of the Convention under both Repub- when we are about to go out on recess, pletely without merit. The Convention expressly provides that: lican and Democratic administrations. I am to say that we are not ready to bring ‘‘In meeting the requirement to provide ac- convinced that the prompt ratification of the Chemical Weapons Convention is overwhelm- this treaty up when we get back unless cess * * * the inspected State Party shall be ingly in the security interest of the United there is a new negotiation, I find un- under the obligation to allow the greatest States and should not be derailed by con- usual, particularly since I have agreed degree of access taking into account any con- stitutional objections that are so plainly stitutional obligations it may have with regard with the Senator from North Carolina without substance. to proprietary rights or searches and sei- that I will sign on to additional condi- Sincerely, zures,’’ (Verification Annex, Part X, par. tions with him. ABRAM CHAYES, 41)(emphasis supplied).1 Let us vote on the only nine out- Felix Frankfurter, Professor of Law Emeritus. standing issues that I am aware of that As you know, this provision of the Conven- tion was inserted at the insistence of the COLUMBIA UNIVERSITY IN THE have been raised. None other has been United States after earlier drafts, which pro- CITY OF NEW YORK, raised that I am aware of, that the ad- vided insufficient protection in regard to un- New York, NY, September 11, 1996. ministration is aware of, anyone in the reasonable searches and seizures, had been Senator JOSEPH R. BIDEN, Jr., Lott group is aware of, to the best of criticized by a number of U.S. scholars. The U.S. Senate, Washington, DC. plain meaning of these words, which seems my knowledge. DEAR SENATOR BIDEN: As requested, I have So, Mr. President, let me conclude by too clear for argument, is that the United considered whether, if the United States ad- saying, the Senator from North Caro- States would have no obligation under the hered to the Convention on Chemical Weap- lina has dealt with me in good faith. Convention to permit access to facilities ons, the inspection provisions of the Conven- We have negotiated in great detail. He subject to its jurisdiction in violation of the tion would raise serious issues under the provisions of the Fourth Amendment. It was United States Constitution. I have concluded has listed his 30 objections. We have the clear understanding of the negotiators agreed on 21 of the 30. We disagree on that those provisions would not present im- that the purpose of the provision was to ob- portant obstacles to U.S. adherence to the nine. We agree on a method to vote on viate any possibility of conflict between the Convention. those nine. Like domestic laws, treaties of the United I sincerely hope—I sincerely hope— 1 The Verification Annex is, of course, an integral States are subject to constitutional re- for the interest of the United States of part of the Convention. straints. The Fourth Amendment to the

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2549 United States constitution provides: ‘‘The Janet Reno, Attorney General. Mallinckrodt Group, Inc. right of the people to be secure in their per- Gen. Norman Schwartzkopf, U.S.A. (Ret.). Monsanto Chemical. sons, houses, papers, and effects, against un- Gen. Brent Scowcroft. Morton International, Inc. reasonable searches and seizures, shall not Gen. John Shalikashvili. Nalco Chemical Company. be violated * * *’’ Constitutional jurispru- Walter B. Slocombe, Deputy Under Sec- National Starch & Chemical Company. dence has established that the right to be se- retary for Policy, Department of Defense. NOVA Corporation. cure applies also to industrial and commer- George Tenet, Acting Director of Central Occidental Chemical Corporation. cial facilities and to business records, papers Intelligence. Olin Corporation. and effects. R. James Woolsey, former Director of Cen- Oxford Venture Corporation. The Constitution, however, protects the tral Intelligence. Perstorp Polyols, Inc. rights of private persons; it does not protect Adm. E.R. Zumwalt, former Chief of Naval PPG Industries, Inc. governmental bodies, public officials, public Operations. Quantum Chemical Company. facilities or public papers. As to private per- Kenneth Adelman, Columnist, The Wash- The R & J Ferst Foundation. sons, the Fourth Amendment protects only ington Times. RCM Capital Management. against searches and seizures that are ‘‘un- INDUSTRY ORGANIZATIONS Reichhold Chemicals, Inc. Reilly Industries, Inc. reasonable.’’ Inspection arrangements, nego- The Chemical Manufacturers Association tiated and approved by the President and Rhone-Poulenc, Inc. (CMA)—(approximately 200 member compa- Rohm and Haas Company. consented to by the Senate, designed to give nies). effect to a treaty of major importance to the Rosewood Stone Group. The Synthetic Organic Chemical Manufac- R.T. Vanderbilt Company, Inc. United States, carry a strong presumption turers Associations (SOCMA)—(over 260 that they are not unreasonable. The Sagner Companies, Inc. member companies). Sargent Management. The Chemical Convention itself antici- The Pharmaceutical and Research Manu- pated the constitutional needs of the United Sartomer Company. facturers of America (PhRMA)—(over 100 Scott Foresman/Addison Wesley. States. Part X of the Convention, ‘‘Challenge member companies). Inspection pursuant to Article IX,’’ provides: Sonesta International. The Biotechnology Industry Organization Stepan Company. ‘‘41. In meeting the requirement to provide (BIO)—(over 650 member companies and or- access as specified in paragraph 38, the in- Sterling Chemicals, Inc. ganizations). Tennant Company. spected State party shall be under the obli- The American Chemical Society (ACS)— gation to allow the greatest degree of access Texas Brine Corporation. (over 150,000 members). Tica Industries, Inc. taking into account any constitutional obli- The American Physical Society (APS)— gation it may have with regard to propri- Union Carbide Corporation. (over 40,000 members). Uniroyal Chemical Company, Inc. etary rights of searches and seizures.’’ The Council for Chemical Research As applied to the United States, that pro- United Retail Group, Inc. (CCR)—(approximately 200 University, busi- Velsicol Chemical Corporation. vision is properly interpreted to mean that ness & governmental laboratories). the United States must provide access as re- Vulcan Chemical: John Wilkinson. The American Institute of Chemical Engi- W.R. Grace & Company: Albert J. Costello. quired by the Convention, but if the Con- neers (AIChE)—(approximately 60,000 mem- VETERANS ORGANIZATIONS stitution precludes some access in some cir- bers). cumstances, the United States must provide The Business Executives for National Se- American Ex-Prisoners of War. access to the extent the Constitution per- curity (BENS)—(approximately 750 mem- American GI Forum of the United States. mits. And if, because of constitutional limi- bers). AMVETS. tations, the United States cannot provide Jewish War Veterans of the U.S.A. LEADERS OF THE FOLLOWING U.S. BUSINESSES full access required by the Convention, the Korean War Veterans Association. United States is required ‘‘to make every AEA Investors. National Gulf War Resource Center. reasonable effort to provide alternative Air Products and Chemicals, Inc. Reserve Officers Association. means to clarify the possible noncompliance Akzo Nobel Chemicals, Inc. Veterans for Peace. concern that generated the challenge inspec- ARCO Chemical Company. Veterans of Foreign Wars. tion.’’ (Art. 42.) Ashland Chemical Company. Vietnam Veterans of America, Inc. Automatic Data Processing. The United States would be required also U.S. NOBEL LAUREATES to adopt measures to overcome any constitu- BASF. Julius Adler. tional obstacles to any inspection or interro- Bayer Corporation. Bear Stearns & Company, Inc. Sidney Altman. gation required by the Convention. If it were Philip W. Anderson. determined to be necessary, the United Betz Dearborn, Inc. The BF Goodrich Co. Kenneth J. Arrow. States could satisfy the requirements of the Julius Axelrod. Fourth and Fifth Amendments by arranging Borden Chemicals and Plastic, LP. BP Chemicals, Inc. David Baltimore. for administrative search warrants, by en- Helmut Beinert. acting statutes granting immunity from Capricorn Management. Carus Chemical Company. Konrad Bloch. prosecution for crimes revealed by compelled Baruch S. Blumberg. testimony, by providing just compensation C.H.O. Enterprises, Inc. The CIT Group, Inc. Herbert C. Brown. for any ‘‘taking’’ involved. Thomas R. Cech. Sincerely yours, Compton Development. Crompton & Knowles Corporation. Stanley Cohen. LOUIS HENKIN, Dow Chemical Company. Leon N. Cooper. University Professor Emeritus. Dow Corning Corporation. Johann Deisenhofer. Eastman Chemical Company. Renato Dulbecco. EXHIBIT 2 E.I. duPont de Nemours. Gertrude B. Elion. DISTINGUISHED INDIVIDUALS AND Elf Atochem North America. Edmond H. Fischer. ORGANIZATIONS SUPPORTING THE CWC Enthone-OMI Inc. Val L. Fitch. William Jefferson Clinton. Ethyl Corporation. Walter Gilbert. George Bush. Eugene M. Grant and Company. Dudley Herschbach. Madeleine Albright. Exxon Chemical Company. David Hubel. James A. Baker III. FINA, Inc. Jerome Karl. Warren Christopher. FMC Corporation. Arthur Kornberg. William Cohen. General Investment & Development Co. Edwin G. Krebs. John M. Deutch. Givaudan-Roure Corporation. Joshua Lederberg. Lawrence Eagleburger. Great Lakes Chemical Corporation. Wassily W. Leontiel. John Holum. Harman International. Edward B. Lewis. Nancy Kassebaum. Harris Chemical Group. William N. Lipscomb. Stephen Ledogar, U.S. Representative to HASBRO Inc. Mario J. Molina. the Conference on Disarmament. The Hauser Foundation. Joseph E. Murray. Ronald Lehman, former Director of the Hechinger Company. Daniel Nathans. Arms Control and Disarmament Agency. Hercules, Inc. Marshall Nirenberg. Vil Mirzayanov, whistleblower on the So- Hoechst Celanese Corporation. Arno A. Penzias. viet/Russian novichok program. International Financial Group. Norman F. Ramsey. Sam Nunn. International Maritime Systems. Burton Richter. William Perry. Kansas City Southern Industries. Richard J. Roberts. Gen. Colin Powell. Lippincott Foundation. Martin Rodbell. William A. Reinsch, Under Secretary of Lonza Inc. F. Sherwood Rowland. Commerce for Export Administration. McFarland Dewey & Company. Glenn T. Seaborg.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2550 CONGRESSIONAL RECORD — SENATE March 19, 1997 Herbert A. Simon. The PRESIDING OFFICER. Without tire U.S. Army. It was the kind of Phillip A. Sharp. objection, it is so ordered. short-sighted bureaucratic decision R. E. Smalley. Robert M. Solow. Mr. HELMS. I thank the Chair. that Don Edwards could not tolerate, Jack Steinberger. Mr. President, I was able to hear part and he made a strong case to me. I Henry Taube. of the brief address by my friend from helped save that battalion, although I James Tobin. Delaware. What he apparently does not had to hold up a defense bill to do it. Charles H. Townes. Eric Wieschaus. know is that I was a part of the Lott Don never wavered in his devotion to Robert R. Wilson. group to which he referred. I attended do what was right for the men and RELIGIOUS GROUPS the meetings. I participated. That women of the Vermont National Guard. American Friends Service Committee. group did accomplish a few things of Recently, the Vermont Air Guard re- The American Jewish Committee. minor significance, but they could not ceived four first-place awards at the American-Jewish Congress. do anything of importance, not in the Air Force’s premier air combat com- Anti-Defamation League. really serious issues. B’nai B’rith. petition, known as William Tell. Don Church of the Brethren, Washington Office. So then they fell back, and there always stressed to the soldiers and air- Church Women United. have been no more meetings of the men under his command the impor- Commission on Social Action of Reform Lott group. My suggestion has been tance of training hard and as realisti- Judaism. followed about trying to do it on the cally as possible. The Episcopal Church. staff level. But if the Senator from Episcopal Peace Fellowship. During Desert Storm, his philosophy Evangelical Lutheran Church of America. Delaware, or anyone else, thinks they paid off, as several Vermont Guard Friends Committee on National Legisla- can drive a stake between the majority units deployed to Southwest Asia and tion. leader and me, they will have to think performed flawlessly during that con- Maryknoll Justice and Peace Office. again. flict. Those were anxious times, and Mennonite Central Committee. I am not going to try to answer the Methodists United for Peace with Justice. Vermonters saw a side of Don Edwards National Council of Churches. many erroneous statements he has that they had never seen before. He National Jewish Community Relations Ad- made. And I know he was ad-libbing was a tireless advocate for our de- visory Council. and he was not hearing his staff whis- ployed soldiers, and he acted with NETWORK: A National Catholic Social per to him, and so forth. So he was op- great compassion to do whatever he Justice Lobby. erating under difficult circumstances. Presbyterian Church (USA). could to help the families of those who Union of American Hebrew Congregations. But I say, again, I want this treaty to were deployed overseas. Unitarian Universalist Association. be made into an instrument that will I am sure that some of that attitude United Church of Christ, Office for Church be beneficial to the American people was shaped by his own experiences in in Society. and to this country. It is my intent to Vietnam. I know that his tireless devo- United Methodist Board of Church and So- continue to insist upon that. It is my ciety. tion to Vermont veterans of all wars United States Catholic Conference. intent, along with the approval of the has helped Vermonters appreciate the The United Synagogue of Conservative Ju- distinguished majority leader, inas- extraordinary sacrifices that were daism. much as we have so many new Sen- made by ordinary citizens. It seemed PUBLIC INTEREST GROUPS ators who were not here last year, the like whenever two or three veterans American Association for the Advance- distinguished occupant of the Chair gathered together, Don Edwards was ment of Science. being one of them, and did not have the there to lend weight to their cause. American Bar Association. benefit of the testimony of witnesses, As Don Edwards hangs up his uni- Americans for Democratic Action. American Public Health Association. pro and con, who are highly respected form for the last time, I want to give Arms Control Association. in the foreign relations community. him my personal thanks for all he has Association of the Bar of the City of New f done for Vermont, and to wish him York. MORNING BUSINESS good luck and Godspeed in his future Center for Defense Information. endeavors. Chemical Weapons Working Group. (During today’s session of the Sen- Council for a Livable World. ate, the following morning business f CTA/Bellona Foundation USA. Demilitarization for Democracy. was transacted.) Economists Allied for Arms Reductions. f THE VERY BAD DEBT BOXSCORE Federation of American Scientists. TRIBUTE TO MAJ. GEN. DONALD Mr. HELMS. Mr. President, at the Friends of the Earth. Fund for New Priorities in America. EDWARDS close of business yesterday, Tuesday, Greenpeace. Mr. LEAHY. Mr. President, I rise March 18, 1997, the Federal debt stood Henry L. Stimson Center. today to pay tribute to Maj. Gen. Don- at $5,367,674,335,377.56. Human Rights Watch. One year ago, March 18, 1996, the Fed- ald Edwards, who has served for the International Center. eral debt stood at $5,055,610,000,000. last 16 years as the Adjutant General of Lawyer’s Alliance for World Security. Five years ago, March 18, 1992, the League of Women Voters. the Vermont National Guard. Ever Federal debt stood at $3,859,480,000,000. National Resources Defense Council. since Ethan Allen and his famous Peace Action. Ten years ago, March 18, 1987, the Physicians for Social Responsibility. Green Mountain Boys took the British Federal debt stood at $2,246,620,000,000. Plutonium Challenge. fort at Ticonderoga, Vermonters have Fifteen years ago, March 18, 1982, the Public Education Center. had a propensity to serve their nation Federal debt stood at $1,050,784,000,000 Saferworld. as citizen-soldiers. That tradition is Sierra Club. which reflects a debt increase of more Taxpayers for Common Sense. alive and well today, and thanks to than $4 trillion ($4,316,890,335,377.56) 20/20 Vision National Project. Don Edwards, the Vermont National during the past 15 years. Union of Concerned Scientists. Guard is stronger today than ever be- Women’s Action for New Directions. fore. Don was instrumental in starting f Women’s International League for Peace the Army National Guard Mountain and Freedom. U.S. FOREIGN OIL CONSUMPTION Women Strike for Peace. and Winter Warfare School, which World Federalist Association. trains soldiers from around the Nation FOR WEEK ENDING MARCH 14 Mr. BIDEN. Mr. President, I suggest in the rigors of winter warfare. He also Mr. HELMS. Mr. President, the the absence of a quorum. excelled at being an advocate of American Petroleum Institute reports The PRESIDING OFFICER. The Vermont’s interests within the Pen- that for the week ending March 14, the clerk will call the roll. tagon. U.S. imported 7,849,000 barrels of oil The legislative clerk proceeded to I remember the case of the 1–86th ar- each day, 704,000 barrels more than the call the roll. tillery battalion, which in 1992 was 7,145,000 imported during the same Mr. HELMS. Mr. President, I ask abruptly threatened with elimination, week a year ago. unanimous consent that the order for even though it had one of the highest Americans relied on foreign oil for 55 the quorum call be rescinded. readiness and retention rates in the en- percent of their needs last week, and

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2551 there are no signs that the upward spi- bunk structure. Since 1995, CPSC has 7. Organize local Recall Roundups using ral will abate. Before the Persian Gulf obtained the recall of approximately list of recalled products. war, the United States obtained ap- half a million hazardous bunk beds. 8. Monitor flea markets and secondhand proximately 45 percent of its oil supply Mini-hammocks that can strangle stores for recalled products and provide re- call information. from foreign countries. During the children. CPSC has received reports of 12 children, ages 5 to 17 years, who be- 9. Provide recall lists to community and Arab oil embargo in the 1970’s, foreign homeowner associations that sponsor yard oil accounted for only 35 percent of came entangled and died when using sales or that issue local news letters. America s oil supply. mini-hammocks without spreader bars. 10. Work with school systems and PTA Anybody else interested in restoring Last year, CPSC obtained the recall of groups to promote community service/com- domestic production of oil—by U.S. over three million minihammocks. munity awareness activities. producers using American workers? Old cribs that can choke or suffocate Safety poster campaign Politicians had better ponder the eco- a small child. Cribs having more than Neighborhood roundups nomic calamity sure to occur in Amer- 23⁄8 inches between crib slats, corner Display information at schools ica if and when foreign producers shut posts, or cut outs on the headboard or 11. Distribute recall information to family off our supply—or double the already footboard present suffocation and day care/group day care agencies. enormous cost of imported oil flowing strangulation hazard to babies. Each 12. Seek involvement of youth clubs, YM into the U.S.—now 7,849,000 barrels a year, 50 babies die when they become and WCA, Scouts, etc. day. trapped between broken crib parts or in 13. Provide recall information packages to the public upon request. f cribs with older, unsafe designs. CPSC is enlisting the help of State CPSC LAUNCHES ‘‘RECALL ROUND- and local officials, as well as national f UP DAY’’ and State health and safety organiza- Mr. BRYAN. Mr. President, uninten- tions, in connection with State and COMMENDING NATIONAL GUARD tional injuries are the leading cause of local governments throughout the Na- FLOOD RELIEF EFFORT death to persons under 35, and the fifth tion, to publicize a safety campaign, leading cause of death in the Nation Mr. BYRD. Mr. President, I would distribute information about these and like to take a moment to comment on overall. Unintentional injuries kill other hazardous products in the home. more children over age one than any the outstanding job performed by the In some States, recalled products will West Virginia National Guard in re- disease. be rounded up and brought to a central It is astounding that there are an av- sponse to the recent catastrophic location for disposal. floods that devastated sixteen West erage 21,400 deaths and 29.4 million in- I commend Chairman Ann Brown and Virginia counties. juries each year related to consumer the CPSC for taking this bold action. Aviation, engineer, and troop com- products under the jurisdiction of a My State Office in Las Vegas is work- mand personnel have worked diligently small, but effective, Federal agency— ing with the State chapter of the Na- and wholeheartedly to deliver potable the U.S. Consumer Product Safety tional SafeKids Campaign, Sunrise water, fuel, cleaning supplies, and Commission [CPSC]. The CPSC finds Children’s Hospital, and the Clark medicines to their fellow citizens who that deaths, injuries, and property County Health Dept. to organize local have been trapped by the flood waters. damage associated with consumer events throughout the State for Recall They have also provided transpor- products cost the Nation $200 billion Roundup. We will publicize the cam- tation, cleanup assistance, and debris annually. paign through the media to reach the removal in all sixteen counties in the In 1996, the CPSC negotiated 375 re- general public. Special efforts will be emergency zone. calls involving over 85 million products directed to reach child care providers that presented a significant risk of in- and especially new parents. The sellers The approximately five-hundred men jury to the public. However, despite re- of used articles that could include re- and women mobilized in these Guard call notices and public warnings, many called products will also be alerted to units carry the double burden of civil- old hazardous products such as bean the hazards that used cribs, bunk beds, ian jobs in addition to their military bag chairs, wooden bunk beds, mini- minihammocks and bean bag chairs roles. Despite these burdens, they are hammocks and cribs—with the poten- could present to prevent the resale of capable of responding to an emergency tial to seriously injure or kill a child— these items. at a moment’s notice. Thanks to the remain in homes, flea markets, garage I encourage my colleagues to join National Guard’s efforts, families in sales or in second hand stores. with me in this effort and to encourage many of the affected counties have To rid consumers’ homes of haz- organizations in your State to take an been able to return to their homes and ardous products, the Consumer Product active role in this lifesaving effort on begin the repair and rebuilding process. Safety Commission under the leader- April 16. For this reason, I ask unani- West Virginians in Wayne and Cabell ship of Chairman Ann Brown, on April mous consent to have printed in the counties are still faced with removing 16 of this year, will launch ‘‘Recall RECORD a ‘‘Suggested List of Local Ac- large amounts of debris, but again, Round-Up Day’’ by broadcasting a tivities’’ recommended by the CPSC for thanks to the National Guard’s efforts, video to television stations across the this important Recall Round-Up Day the cleanup is on the right track. country. The video will have examples on April 16. I would also like to thank all of the of hazardous products that might be in There being no objection, the mate- employers throughout West Virginia consumers homes, such as the fol- rial was ordered to be printed in the who have supported the National lowing: RECORD, as follows: Guard. Their willingness to continue to Bean bag chairs that can present a RECALL ROUNDUP SUGGESTED STATE AND accommodate the National Guard choking or suffocation hazard to chil- LOCAL ACTIVITIES through all of the flood emergencies dren. Some bean bag chairs can be un- 1. Organize a news conference. Contact suffered by West Virginia communities zipped and children can then inhale the medical professionals in pediatrics, chil- in recent years is remarkable and is ap- small pellets of foam filling. The CPSC dren’s hospitals, injury and disease preven- preciated by every West Virginian who is aware of at least five deaths and at tion, medical examiners offices, etc., for par- has benefitted from Guard efforts. ticipation in news conference. I offer my sincere thanks to all of the least 23 other incidents in which chil- 2. Issue state and local news release in con- dren inhaled or ingested bean bag fill- junction with CPSC video news release. National Guard personnel involved in ing. In the past 2 years, CPSC obtained 3. Distribute printed news release informa- helping in West Virginia’s recovery the recall of more than 10 million bean tion through established networks. from this and every natural disaster. bag chairs. 4. Have State Governor, Secretary of May their efforts to aid West Virginia’s Wooden bunk beds that can strangle Health, or other prominent figures issue a flood victims continue, and may they young children. Since 1990, CPSC has Proclamation to kick off the event. receive the recognition and praise that 5. Offer to participate in TV/radio inter- received reports of 32 children who died views. are so merited. They are, indeed, fa- after becoming caught in bunk beds 6. Prepare media outlets in advance for re- mous men and women to their fellow with improper openings in the top lease and use of the CPSC video news release. citizens.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2552 CONGRESSIONAL RECORD — SENATE March 19, 1997 MESSAGES FROM THE PRESIDENT lenge. As we look forward to the next applicability of that Act to agreements re- 25 years of environmental progress, we lating to voluntary guidelines governing do so with a renewed determination. telecast material and to revise the agree- REPORT OF A PROPOSED RESCIS- Maintaining and enhancing our envi- ments on guidelines covered by that Act; to SION OF BUDGETARY RE- the Committee on Commerce, Science, and ronment, passing on a clean world to SOURCES—MESSAGE FROM THE Transportation. future generations, is a sacred obliga- PRESIDENT—PM 23 By Mr. CRAIG (for himself, Mr. GRA- tion of citizenship. We all have an in- HAM, Mr. D’AMATO, Mr. TORRICELLI, The PRESIDING OFFICER laid be- terest in clean air, pure water, safe Mr. AKAKA, Mr. MACK, Mr. ALLARD, fore the Senate the following message food, and protected national treasures. Mr. THOMAS, Mr. REID, Mr. BREAUX, from the President of the United Our environment is, literally, our com- and Mr. WARNER): States, together with an accompanying mon ground. S. 472. A bill to provide for referenda in report; referred jointly, pursuant to which the residents of Puerto Rico may ex- WILLIAM J. CLINTON. press democratically their preferences re- the order of January 30, 1975, as modi- THE WHITE HOUSE, March 19, 1997. fied by the order of April 11, 1986, to the garding the political status of the territory, f Committee on Appropriations, to the and for other purposes; to the Committee on Committee on the Budget, and to the MESSAGES FROM THE HOUSE Energy and Natural Resources. By Mr. BOND (for himself and Mr. At 12:00 p.m., a message from the Committee on Energy and Natural Re- NICKLES): sources. House of Representatives, delivered by S. 473. A bill to amend the Internal Rev- Mr. Hays, one of its reading clerks, an- To the Congress of the United States: enue Code of 1986 to clarify the standards In accordance with the Congressional nounced that the House has passed the used for determining that certain individuals Budget and Impoundment Control Act following bills, in which it requests the are not employees, and for other purposes; to the Committee on Finance. of 1974, I herewith report one proposed concurrence of the Senate: By Mr. KYL (for himself, Mrs. FEIN- rescission of budgetary resources, to- H.R. 412. An act to approve a settlement agreement between the Bureau of Reclama- STEIN, Mr. GRAHAM, Mr. HUTCHINSON, taling $10 million. Mr. GRASSLEY, and Mr. JOHNSON): The proposed rescission affects the tion and the Oroville-Tonasket Irrigation District. S. 474. A bill to amend sections 1081 and Department of Energy. H.R. 514. An act to permit the waiver of 1084 of title 18, United States Code; to the WILLIAM J. CLINTON. District of Columbia residency requirements Committee on the Judiciary. THE WHITE HOUSE, March 19, 1997. for certain employees of the Office of the In- By Mr. JEFFORDS (for himself, Mr. spector General of the District of Columbia. LEAHY, Mr. D’AMATO, and Mr. MOY- REPORT ON ENVIRONMENTAL H.R. 672. An act to make technical amend- NIHAN): QUALITY—MESSAGE FROM THE ments to certain provisions of title 17, S. 475. A bill to amend the Internal Rev- PRESIDENT—PM 24 United States Code. enue Code of 1986 to clarify the excise tax treatment of draft cider; to the Committee The PRESIDING OFFICER laid be- H.R. 927. An act to amend title 28, United States Code, to provide for appointment of on Finance. fore the Senate the following message United States marshals by the Attorney By Mr. HATCH (for himself, Mr. BIDEN, from the President of the United General. Mr. STEVENS, Mr. GREGG, and Mr. States, together with an accompanying The message also announced that the KOHL): report; which was referred to the Com- House has passed the following bill, S. 476. A bill to provide for the establish- mittee on Environment and Public without amendment: ment of not less than 2,500 Boys and Girls Works. S. 410. A bill to extend the effective date of Clubs of America facilities by the year 2000; the Investment Advisers Supervision Coordi- to the Committee on the Judiciary. To the Congress of the United States: nation Act. By Mr. HATCH (for himself and Mr. I am pleased to transmit to the Con- BENNETT): gress the Twenty-fifth Annual Report f S. 477. A bill to amend the Antiquities Act on Environmental Quality. ENROLLED BILLS SIGNED to require an Act of Congress and the con- As a nation, the most important At 3:46 p.m., a message from the sultation with the Governor and State legis- lature prior to the establishment by the thing we can do as we move into the House of Representatives, delivered by 21st century is to give all our children President on national monuments in excess Mr. Hays, one of its reading clerks, an- of 5,00 acres; to the Committee on Energy the chance to live up to their God- nounced that the Speaker has signed and Natural Resources. given potential and live out their the following enrolled bill: By Mr. COVERDELL (for himself and dreams. In order to do that, we must H.R. 924. An act to amend title 18, United Mr. CLELAND): offer more opportunity and demand States Code, to give further assurance to the S. 478. A bill to designate the Federal more responsibility from all our citi- right of the victims to attend and observe building and United States courthouse lo- zens. We must help young people get the trials of those accused of the crime. cated at 475 Mulberry Street in Macon, Geor- the education and training they need, The enrolled bill was signed subse- gia, as the ‘‘William Augustus Bootle Fed- make our streets safer from crime, help quently by the President pro tempore eral Building and United States Court- house’’; to the Committee on Environment Americans succeed at home and at [Mr. THURMOND]. f and Public Works. work, protect our environment for gen- By Mr. GRASSLEY (for himself, Mr. erations to come, and ensure that MEASURES REFERRED BAUCUS, Mr. LOTT, Mr. BREAUX, Mr. America remains the strongest force The following bills were read the first NICKLES, Mr. MURKOWSKI, Mr. for peace and freedom in the world. and second times by unanimous con- TORRICELLI, Ms. LANDRIEU, Mr. Most of all, we must come together as sent and referred as indicated: CRAIG, Mr. KERREY, Mr. HAGEL, and Mr. HUTCHINSON): one community to meet our challenges. H.R. 672. An act to make technical amend- Our Nation’s leaders understood this S. 479. A bill to amend the Internal Rev- ments to certain provisions of title 17, enue Code of 1986 to provide estate tax relief, a quarter-century ago when they United States Code; to the Committee on the launched the modern era of environ- and for other purposes; to the Committee on Judiciary. Finance. mental protection with the National H.R. 927. An act to amend title 28, United By Mr. WELLSTONE: Environmental Policy Act. NEPA’s au- States Code, to provide for appointment of S. 480. A bill to repeal the restrictions on thors understood that environmental United States marshals by the Attorney welfare and public benefits for aliens; to the protection, economic opportunity, and General; to the Committee on the Judiciary. Committee on Finance. social responsibility are interrelated. f By Mrs. FEINSTEIN (for herself, Mrs. NEPA determined that the Federal INTRODUCTION OF BILLS AND BOXER, and Ms. MOSELEY-BRAUN): Government should work in concert JOINT RESOLUTIONS S. 481. A bill to prohibit certain abortions; to the Committee on the Judiciary. with State and local governments and The following bills and joint resolu- citizens ‘‘to create and maintain condi- tions were introduced, read the first f tions under which man and nature can and second time by unanimous con- exist in productive harmony, and fulfill sent, and referred as indicated: SUBMISSION OF CONCURRENT AND the social, economic, and other re- By Mr. BROWNBACK (for himself, Mr. SENATE RESOLUTIONS quirements of present and future gen- LIEBERMAN, Mr. DEWINE, and Mr. erations of Americans.’’ KOHL): The following concurrent resolutions We’ve made great progress in 25 years S. 471. A bill to amend the Television Pro- and Senate resolutions were read, and as we’ve sought to live up to that chal- gram Improvement Act of 1990 to restore the referred (or acted upon), as indicated:

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2553 By Mr. SESSIONS (for himself and Mr. The Television Improvement Act of Most would liken it to a stovepipe of SHELBY): 1997 is intended to encourage the black soot going into the mind and S. Con. Res. 13. Concurrent resolution ex- broadcasting industry to make raising into the soul. Why don’t we change pressing the sense of Congress regarding the display of the Ten Commandments by Judge children easier. What it intends to do is that back to the way it used to be, and Roy S. Moore, a judge on the circuit court of to allow the broadcast industry—the have it as a well of fresh spring water the State of Alabama; to the Committee on television, cable, and motion picture going into the mind and into the soul? Governmental Affairs. industries to enter into, again, a code The industry is fully capable of doing f of conduct comparable to the one they this. Witness some of the current used until 1983. They would once again shows, especially ‘‘Touched by an STATEMENTS ON INTRODUCED be able to say that there is a standard BILLS AND JOINT RESOLUTIONS Angel,’’ which is a leading show by below which they will not go, and they CBS today. It is a good, positive, and By Mr. BROWNBACK (for him- can collaborate to establish that stand- uplifting show. But, sadly, there are far self, Mr. LIEBERMAN, Mr. ard without running afoul of Federal more that are far more degrading that DEWINE, and Mr. KOHL): antitrust laws. would lead one more to the stovepipe S. 471. A bill to amend the Television Previously, the NAB had a self-im- Program Improvement Act of 1990 to analogy rather than the fresh spring posed code of conduct that governed well water. restore the applicability of that Act to television content. The code recognized agreements relating to voluntary the impact of television on our chil- We are pleading with the industry guidelines governing telecast material dren as well as the responsibility that with this bill. This bill provides no ad- and to revise the agreements on guide- broadcasters shared in providing pro- ditional authority to the Federal Gov- lines covered by that Act; to the Com- gramming that used television’s influ- ernment; not an ounce of additional mittee on Commerce, Science, and ence carefully. However, in 1983, a Fed- authority to the FCC. It is a plea to the Transportation. eral district court determined that industry to help us. We are having some of the advertising provisions of trouble. The American family has been THE TELEVISION IMPROVEMENT the code violated Federal antitrust under attack. In many places it has ACT OF 1997 laws. disintegrated. In our inner cities we Mr. BROWNBACK. Mr. President, I Although the court did not rule that have 70 percent of our children born to would like to address the body today any of the code’s programming stand- single moms. In many places we no on legislation that I am introducing, ards violated antitrust laws, the NAB longer have families, one of the basic along with Senator LIEBERMAN, Sen- decided to stop using the entire code. tenets of culture. ator DEWINE, and Senator KOHL, an act The past 15 years have demonstrated We are asking by this very simple act called the Television Improvement Act that the code of conduct is sorely and pleading with the industry. ‘‘Let’s of 1997. It is my sincere hope that this missed. Television has declined over go back to the time when television did bill will help solve one of our nation’s the past 15 years, in no small part due not hurt our lives.’’ And we are not most troubling problems. to the absence of the code. I don’t suggesting censorship. If we have a bet- I am fresh off the campaign trail, as think anybody in this body could ter product coming out of this indus- the Senator from Georgia is fresh off argue—or in this country who would try, we will have a better American the campaign trail. Throughout the disagree—that the nature of American culture. We will have a better world 1996 campaign, I traveled across the television has declined over the past 15 culture because Hollywood is the cen- State of Kansas and talked with thou- years. ter of gravity for not only this culture sands of people. I came away from that Let me read for the body a statement but increasingly the world’s culture. It experience convinced that the most im- that is from the old code of conduct is coming up time and time again. portant task that we as a Nation face that the National Association of So we are introducing this bill today, today is renewing the American cul- Broadcasters used until 1983. It sounds a bipartisan bill, requesting that the ture. almost quaint today. But listen to the industry negotiate and work together I can recall countless meetings where content of what the industry itself had on a code of conduct the like of which individuals, particularly parents, before. It says: would come up to me worried about the it had before. Above and beyond the requirements of the future of the American culture, par- law, broadcasters must consider the family We will be holding hearings in the ticularly as it affects their children, atmosphere in which many of their programs Governmental Affairs Committee. We and they constantly felt they were hav- are viewed. There shall be no graphic por- have been joined by the chairman and ing to fight the culture to raise their trayal of sexual acts by sight or sound. The the ranking member of the appropriate kids. They hearken back to a time portrayal of implied sexual acts must be es- Judiciary subcommittee who are co- when they didn’t feel like they were so sential to the plot and presented in a respon- sponsoring this bill. We anticipate that sible and tasteful manner. opposed by the nature of the American they will have hearings on it as well. It culture. They recall a time when the I do not think there would be many is a follow-on to Senator Simon’s work culture was supportive of what they people today who would say that this in this area in 1990. We hope that it were doing and helped them in raising reflects the nature of television today. will be much more successful. If it is a good and solid family. They were just But I think many Americans today not, there will be further action com- pleading for help. ‘‘Help us be able to would say, ‘‘That is what I want tele- ing to try to address this corrosive ef- come to a point where we can effec- vision to be today so I don’t have to al- fect that, unfortunately, television has tively raise our children. Don’t make ways fight the TV to raise my kids.’’ on our society and, indeed, on the us have to constantly fight our cul- It is not enough for everybody to say, world. ture.’’ ‘‘Just turn it off.’’ My wife and I are Hollywood is the center of gravity for raising three children. It is a little So, Mr. President, we are introducing the American culture and, increas- tougher than just saying, ‘‘Turn it off.’’ this bill today asking the industry for ingly, the world’s culture. Hollywood It is about being there all the time. We help to lead our culture back to a has changed the culture in this coun- are trying. One of us is there all the brighter and a better time. They can do try, and, unfortunately, it has led to a time. It is also not enough to say, it. They are capable of doing it. decline in our culture. Over the past 15 ‘‘Well, we have a rating code so you Mr. President, again, let me say that years, television has made our children know what is on television.’’ I am pleased to introduce today with think that violence is OK, that sexu- We are pleading with the industry, Senators LIEBERMAN, DEWINE, and ality out of wedlock is expected and en- saying, ‘‘Let’s go back to that time KOHL, the Television Improvement Act couraged, and that criminal activity is when you used a code because tele- of 1997, a bill that I believe will help OK. Well, these things are not OK, and vision was better then and it so di- solve one of our Nation’s most trou- it’s time the industry changed tele- rectly impacts the culture and the soul bling problems. Throughout the 1996 vision to make it easier for parents to of America.’’ The average American campaign, I traveled across the State raise children. spends 5 hours a day watching TV. of Kansas and talked with thousands of

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The hearings will ex- heart of this debate over the TV rating face today is renewing the American plore the impact that the Federal Gov- system—a very real, broadly-felt con- culture. ernment has had on the ability of the cern that television has become a de- People are desperately worried about television industry to broadcast more structive force in our society and it is the decline of our culture and about inspirational and less harmful pro- doing substantial damage to the the decline of the American family. gramming. We will examine whether hearts, minds, and souls of our chil- Many of the parents that I spoke with the application of Federal antitrust dren. during the summer and fall believe laws to a collaboration by the broad- This bill really amounts to a plea on that they increasingly have to fight casters to promote better programming our part to the industry for their help. their culture to raise their children. hinders the industry’s ability to police Moreover, it is an attempt to move this These parents feel that American cul- itself and has resulted in a decline in debate beyond the question of rights, ture in the 1990’s actually makes it television broadcasting. The Federal which we all accept, acknowledge and more difficult to raise children. Government should not be impeding support, and begin talking more about Hollywood is the center of gravity for any voluntary effort by the industry to responsibilities. Specifically, the kind of responsi- the American culture and increasingly improve the quality of programming; bility that broadcasters once embraced the world’s culture. Hollywood has the Government should be encouraging through a comprehensive code of con- changed the culture in this country, such an effort. duct, in which they acknowledged the and, unfortunately, it has led to a de- Let me just reiterate that we are not enormous power they commanded and cline in our culture. Over the past 15 calling for a government mandate to be the need to wield it carefully, and in years, television has made our children imposed upon the industry, nor are we which they recognized that they had an think that violence is OK, that sexu- providing the FCC with an ounce of ad- obligation under the law to serve the ality out of wedlock is expected and en- ditional authority with respect to public interest. I would urge my col- couraged, and that criminal activity is broadcasting. What we are doing is try- leagues to take a look at some of the OK. Well, these things are not OK, and ing to encourage the industry to do standards the Nation’s broadcasters set it’s time the industry changed tele- what it did prior to 1983—broadcast less for themselves in the old NAB TV vision to make it easier for parents to programming that harms our kids and Code, which we’ve excerpted in the raise children. more programming that helps us raise findings of our legislation, and you’ll Previously, the National Association our kids. We want Hollywood to start see that they are quite remarkable of Broadcasters had a self-imposed code producing, and we want the broad- statements of responsibility. of conduct that governed television casters to start airing, better program- After reading these principles, I content. The code recognized the im- ming. would urge my colleagues to compare pact of television on our children as I ask that the bill be appropriately them to some of the comments made well as the responsibility that broad- referred. recently by industry leaders, such as casters shared in providing program- Mr. LIEBERMAN. Mr. President, I the network official who proclaimed ming that used television’s influence am proud today to join with my col- ‘‘it is not the responsibility of network carefully. However, in 1983, a Federal leagues Senator BROWNBACK, DEWINE, television to program for the children district court determined that some of and KOHL in introducing the Television of America,’’ or the MTV executive the advertising provisions included in Program Improvement Act of 1997, a who said his network ‘‘is not safe for the code violated Federal antitrust bill we believe will help directly ad- kids’’ but markets it directly to them laws. dress the public’s concerns about the anyway. Although the court did not rule that declining standards of television and Watch what these programmers are any of the code’s programming stand- that will hopefully lead the television bringing into our homes today, and it ards violated antitrust laws, the NAB industry to exercise more responsi- is clear that the face of television has decided to stop using the entire code. bility for the programming it puts on changed dramatically since the indus- The past 15 years have demonstrated the air. try abandoned the old NAB Code in 1983 that the code of conduct is sorely The industry has tried in part to re- and abandoned the ethic undergirding missed. Television has declined over spond to the concerns of parents about it. It is also clear that while the net- the past 15 years, in no small part due the negative influence television is works have profited from the resulting to the absence of the code. having on children by creating a rating competition downward, it is the Amer- For this reason, Senators LIEBERMAN, system for sex, violence, and vulgar ican family who is paying the price—in DEWINE, KOHL, and I are introducing content. This system is a good start, the form of the awful daytime talk this bill to make perfectly clear that but there is a general consensus it does shows that parade the most perverse the broadcast industry is not violating not go far enough in providing parents forms of behavior into our living rooms Federal antitrust laws if its members with the information they need to and teach our children the worst ways collaborate on a code of conduct that make wise choices for their children. to settle conflicts, and the excesses of includes voluntary guidelines intended When I recently testified before the prime-time comedies that amount to to alleviate the negative impact that Senate Commerce Committee on this little more than what we used to call television content has had on our chil- issue, I tried to get this point across by dirty jokes. dren and to promote educational and comparing the industry’s system to The rise of these programs leave lit- otherwise beneficial programming. putting up a sign in front of shark-in- tle doubt that this debate is about In drafting this legislation, we have fested waters that said ‘‘Be careful much more than the threat of vio- built upon Senator Simon’s Television when swimming.’’ That is to say that, lence—which was the reason for the Program Improvement Act of 1990. Un- while these ratings provide a warning original Television Program Improve- like that law, however, the Television to the viewer, they don’t tell us why we ment Act sponsored by Senator Simon Improvement Act of 1997 would not in- need to be warned. in 1990—although this threat remains a clude a sunset provision, and we have But I also used this metaphor to serious problem. What is driving so expanded the scope of the antitrust ex- make a larger point, which is regard- much of the public’s concern is the del- emption to enable the industry to less of how informative the ratings are, uge of casual sex and vulgarities that tackle such issues as the proliferation what parents really want is to get the characterizes so much of television of programming that contains sexual sharks out of the water, to improve the today. The collective force of these content and condones criminal behav- quality of programming on the air, and messages leaves parents feeling as if ior. make it safe for their kids to go swim- they are in a losing struggle to raise Senator LIEBERMAN and I plan to ming again. their own children, to give them strong hold hearings in the Governmental Af- The intent of the legislation we are values, to teach them right from wrong fairs Committee’s Government Man- introducing today, the Television Pro- and guide them to acceptable forms of agement and Restructuring Sub- gram Improvement Act of 1997, is to re- behavior.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2555 With the bill we’re introducing television more family-friendly for 1997 viewing policy to its TV code. This policy today, we are asking the television in- America. said that entertainment programming inap- dustry to do no more than what it did WHAT THE BILL WOULD DO propriate for a general family audience as recently as the early 1980’s, and that This proposal builds on the original Tele- should not be aired between the hours of 7 p.m. and 9 p.m. EST. is to draw some lines that they will not vision Program Improvement Act of 1990, which created an antitrust exemption for the In October of 1975, the Writers Guild of go below, to declare, as author and America (led by Norman Lear) filed a law- noted commentator Alan Ehrenhalt broadcast and cable industries that allowed them to collaborate on a set of ‘‘voluntary suit challenging the family viewing policy has said, ‘‘that some things are too guidelines’’ aimed at reducing the threat of on First Amendment grounds, alleging that lurid, too violent, or too profane for a violence on television. The TPIA of 1997 the NAB had been coerced by the govern- mass audience to see.’’ would permanently reinstate that antitrust ment into adopting the policy. The District Court struck down the family If the industry is not willing to refill exemption (which expired at the end of 1993) viewing provision in the code in 1976, con- that responsible role, there will be in- and then broaden it. The new exemption cluding that FCC Chairman Wiley had en- would permit the television industry to col- creasing pressure on the Government gaged in a ‘‘successful attempt . . . to pres- laborate on an expanded set of guidelines de- to do it for them. One of the most tell- sure the networks and the NAB into adopt- signed to address the public’s concerns about ing polls I’ve seen recently appeared in ing a programming policy they did not wish the broad range of programming—not only the Wall Street Journal, which showed to adopt.’’ violence but also sexual content, vulgar lan- However, the court decision did not rule that 46 percent of Americans favor guage, and the lack of quality educational that a voluntary family viewing policy more Government controls on tele- programs for children. vision to protect children. It’s not a co- would be unconstitutional, and said that net- WHAT THE BILL WOULD NOT DO works were free to implement a family hour incidence that there are bills being pre- This proposal would not give the govern- policy on their own. pared in Congress that would in fact ment any authority to censor or control in In the end, the District Court’s decision censor what is on the air. any way what is seen on television. Any was vacated and remanded on appeal in 1979, Our legislation is designed to help us guidelines or programming standards the in- on the grounds that the District Court was avoid reaching that point. It will ideal- dustry chose to adopt would be purely vol- not the proper forum for the initial resolu- ly remind the industry of its obliga- untary and could not be enforced by the gov- tion of a case relating to broadcast regula- tions to the public we both serve, and ernment in any way or result in any form of tion. The case was returned to the FCC for that changing the subject, as some in economic boycott. Nor would the TPIA re- judgement, and in 1983 the FCC concluded sult in the ‘‘whitewashing’’ of television or the industry prefer to do, won’t change that the family viewing policy did not vio- prevent networks from showcasing sophisti- late the First Amendment, ruling that the minds of the millions of American cated, mature-themed works such as Chairman Wiley’s actions amounted to per- families who want programming that ‘‘Schindler’s List’’ and ‘‘NYPD Blue.’’ Last, missible jawboning and not coercion. reflects rather than rejects their val- the television industry could not use the No court has ever ruled that a voluntary ues. Again, to return to my metaphor, antitrust exemption to fix advertising prices family hour violates the First Amendment we are simply making a plea to the in- or engage in any form of anticompetitive be- rights of broadcasters or of producers. dustry to take the sharks out of the havior. THE ORIGINAL ‘‘TELEVISION PROGRAM water, and make it safe for our kids to IMPROVEMENT ACT’’ TELEVISION CODE OF CONDUCT BACKGROUND Senator Paul Simon (D–IL) sponsored leg- go swimming, or perhaps more aptly, SHEET to go channel-surfing again. islation in 1989 to create a temporary anti- THE NAB TELEVISION CODE Mr. President, in closing, I ask unan- trust exemption that would allow the tele- imous consent that the full text of my The first broadcaster TV code was imple- vision industry to collaborate on a set of mented in 1952, to provide broadcasters with guidelines designed to ‘‘alleviate the nega- remarks be included in the appropriate guidelines for meeting their statutory obli- tive impact’’ of television violence. The ex- place in the RECORD to accompany this gation to serve the public interest. emption had a life of three years. legislation. I also ask unanimous con- The NAB required all members to follow This legislation was passed by Congress in sent that a summary of the Television the code, which was enforced by a committee the waning days of the 1990 session as part of Program Improvement Act of 1997 be called the NAB Code Authority. Stations the Judicial Improvements Act (a federal printed in the RECORD. And to provide that adhered to the code were permitted to judgeships bill). my colleagues with some additional display a seal of approval on screen known as When the Simon bill first moved through the ‘‘NAB Television Seal of Good Practice.’’ the Senate in 1989, the Judiciary Committee background on the old NAB Television Those members that were found to have vio- approved an amendment that would broaden Code and what has happened to tele- lated the code could be suspended and denied the bill’s scope to cover guidelines relating vision since it was abandoned, I ask the ability to display the seal. to the glamorization of drug use. unanimous consent that a factsheet my The NAB Code was abandoned in 1983 fol- The version passed by the Senate also was staff has prepared be included in the lowing an antitrust challenge brought by the broadened to cover sexual content. Senator RECORD. This factsheet helps summa- Reagan Justice Department. Jesse Helms (R–NC) succeeded in passing an rize the bill’s findings and put them In that case, Justice filed a motion for amendment relating to sexually explicit ma- into some historical context. summary judgement in the D.C. Federal Dis- terial by a vote of 91–0. trict Court in 1982 challenging three provi- The language relating to sexual content There being no objection, the items sions restricting the sale of advertising. and the depiction of drug use was stripped were ordered to be printed in the These provisions limited: 1) the number of from the bill that came out of conference RECORD, as follows: minutes per hour a network or station may after House Democrats objected to broad- SUMMARY OF THE TELEVISION PROGRAM allocate to commercials; 2) the number of ening the scope of the exemption beyond vio- IMPROVEMENT ACT OF 1997—TPIA commercials which could be broadcast in an lence. WHAT IS THE PURPOSE hour; and 3) the number of products that THE INDUSTRY RESPONSE TO THE SIMON BILL The TPIA is an attempt to persuade the could be advertised in a commercial. The A few months prior to the passage of the television industry to directly address the court ruled that one of the provisions—the Simon bill, the NAB issued new ‘‘voluntary public’s growing concerns about the negative multiple product standard—constituted a per programming principles’’ in four areas: chil- influence television is having on our children se violation of the antitrust laws, and grant- dren’s television, indecency and obscenity, and our country today. Rather than calling ed Justice’s motion for summary judgement drugs, and violence. These principles were for any form of censorship or government re- on those grounds. general statements resembling several provi- In November 1982, the NAB entered into a strictions on content, this legislation would sions in the old NAB Code, but they were consent decree with Justice and agreed to encourage industry leaders to act more re- strictly voluntary and unenforceable. sponsibly in choosing what kinds of pro- throw out the advertising guidelines being After the Simon bill passed, the broadcast gramming they produce and when it is aired. challenged. Then, claiming that the TV Code and cable industries held a few meetings in The nation’s broadcasters once embraced in general left it vulnerable to antitrust law- 1991, but with no discernible results. this kind of responsibility in the form of a suits, the NAB threw out the entire code in As concern about television violence comprehensive code of conduct, which fea- January of 1983. mounted, the networks felt increasing pres- tured a widely-followed set of baseline pro- The programming standards contained in sure to produce some results. In December of gramming standards and which showed a the code were never found to violate any 1992, the major broadcast networks agreed to special sensitivity to the impact television antitrust laws during the code’s 31-year ex- adopt a new set of joint standards on the de- has on children. This code was abandoned in istence. piction of violence. 1983, and the TPIA would ideally open the THE FAMILY HOUR CASE Although billed as being ‘‘new,’’ the net- door to the reintroduction of a similar set of In 1975, after being prodded by FCC Chair- works made clear that these guidelines standards, one that is geared toward making man Dick Wiley, the NAB added a family tracked closely with their own individual

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2556 CONGRESSIONAL RECORD — SENATE March 19, 1997 programming standards. The joint guidelines TORRICELLI, Mr. AKAKA, Mr. gress to be in the national interest. Ac- were broadly-worded and did not make any MACK, Mr. ALLARD, Mr. THOM- ceptance of such a congressionally ap- specific statements regarding the time shows AS, Mr. REID, Mr. BREAUX and proved transition plan by the qualified with graphic violence should be aired, noting only that the composition of the audience Mr. WARNER): voters of Puerto Rico in a free and in- should be taken into consideration. S. 472. A bill to provide for referenda formed act of self-determination will In June of 1993, the networks took the ad- in which the residents of Puerto Rico be required before the process leading ditional step of agreeing on a set of ‘‘paren- may express democratically their pref- to change of the present status will tal advisories’’ that would be applied to pro- erences regarding the political status commence. grams with violent content. of the territory, and for other purposes; The bill that I am introducing today, With criticism from the public and Con- gress continuing to grow, the four major net- to the Committee on Energy and Nat- joined in by nine other colleagues, and works and the cable industry announced in ural Resources. my colleague from Florida, creates an February of 1994 that they would conduct THE PUERTO RICO SELF-DETERMINATION ACT OF evenhanded process that can lead to ei- separate monitoring studies to measure the 1997 ther separate sovereignty or statehood, level of violence in their programming. The Mr. CRAIG. Mr. President, I am depending on whether Congress and the first of these studies was done in 1995. proud to join with my colleague from residents of Puerto Rico approve the THE SIMON LEGACY ON VIOLENCE Florida today in the introduction of terms of the implementation of either The results of the Simon legislation could the Puerto Rico Self-Determination of the two options of full self-govern- accurately be described as mixed. Act. ment. Preservation of the current sta- On the one hand, the 1996 UCLA violence In the 104th Congress, I joined as a study suggested that the amount of violence tus also will be an option on the plebi- on broadcast television had declined some- cosponsor of S. 2019, with a bipartisan scite ballot. However, the existing un- what since it peaked a few years earlier, and effort in the Senate to deal with this incorporated territory status, includ- industry observers generally acknowledge issue. I know that some of my col- ing the commonwealth structure of that primetime series television has become leagues will question the need for Con- local government, is not a constitu- less violent. The UCLA study also found that gress to take up this issue. The most tionally guaranteed form of self-gov- the networks had taken some steps to reduce common reaction is that we should let ernment. Thus, until full self-govern- the violence in on-air promotions. ‘‘The Puerto Ricans decide the issue for overall message is one of progress and im- ment is achieved for Puerto Rico, there provement,’’ the UCLA study concluded. themselves. The problem with that ap- will be a need for periodic self-deter- ‘‘The overall picture is not one of excessive proach is that there are two parties in mination procedures as provided in this violence.’’ that relationship: Congress, due to its legislation. On the other hand, the UCLA study still constitutional plenary power expressly Whichever new status proves accept- found that there is still a serious problem vested in it by the territorial clause of able to Congress and the people of with violence on broadcast television. It sin- article IV, section 3, clause 2, on the Puerto Rico, final implementation of gled out the high number of violent theat- rical movies, five primetime series that one hand and the people of Puerto Rico the new status could be subject to ap- ‘‘raised frequent concerns,’’ and the dis- who have U.S. citizenship but are not proval by Congress and the people of turbing rise of ‘‘reality’’ shows (such as yet fully self-governing on the other. Puerto Rico, at such time in the first Fox’s ‘‘When Animals Attack″) that often When Congress failed to approve leg- or second decade of the next century as feature graphic violence. islation to provide a status resolution a transition process is completed. In addition, the National Television Vio- process in 1991, the Puerto Ricans con- This explanation of the bill should lence Study, the comprehensive review spon- ducted a status vote, and the common- dispel any concern in this body or the sored by the cable industry, is scheduled to release its 1996 report later this month, and wealth option was defined on the ballot House that empowerment of the people it is generally expected to show that the in the terms most favorable to its ap- of Puerto Rico to exercise the right of kinds of violence depicted on both broadcast proval, to the point that it promised a self-determination will impair the abil- and cable television still presents a real lot more than Congress could ever ap- ity of Congress to work its will regard- threat to viewers. prove. Even with the ballot definition ing the status of Puerto Rico. THE CURRENT SITUATION that would significantly enhance the Mr. President, in 1956, 4 years after When asked about reviving a code of con- current status, the existing common- Congress and the people of Puerto Rico duct, some television industry leaders have wealth relationship received less than approved the Constitution of the Com- expressed concern about potential antitrust a majority of the vote. So there is a se- monwealth of Puerto Rico, the U.S. Su- lawsuits that might arise. The Justice Department, however, has rious issue of the legitimacy of the cur- preme Court considered the constitu- issued rulings since the Simon exemption ex- rent less-than-equal or less-than-full tional nature and status of unincor- pired that strongly suggest that a voluntary self-governing status, especially given porated territories such as Puerto code of conduct would not run afoul of any the U.S. assertion to the United Na- Rico. In its opinion in the case of Reid antitrust laws. tions in 1953 that Puerto Rico was on a v. Covert (354 U.S. 1), the Supreme In a ‘‘business review’’ letter released in Court confirmed that the territorial November 1993, the Justice Department told path toward decolonization. Simon that additional steps the industry That is why the legislature of Puerto clause of the U.S. Constitution—article took to reduce the threat of violence ‘‘may Rico passed Concurrent Resolution 2, IV, section 3, clause 2—confers on Con- be likened to traditional standard setting ef- on January 23, 1997, requesting Con- gress the power, in the court’s words, forts that do not necessarily restrain com- gress to sponsor a vote based on defini- ‘‘. . . to provide rules and regulations petition and may have significant procom- tions it would be willing to consider, if to govern temporarily territories with petitive benefits.’’ approved by voters. With timely ap- wholly dissimilar traditions and insti- Justice repeated this finding in another business review letter sent to Senator LIE- proval of this legislation, 1997 will be tutions . . .’’ BERMAN in January 1994 regarding the video the year Congress provides the frame- While the Reid case was not a terri- game industry’s efforts to develop a rating work for the resolution of the Puerto torial status decision, it is significant system for violent and sexual content. Rican status question, through a three- that the Supreme Court’s opinion in Some in the television industry also con- phase decisionmaking process that will this case recognizes the temporary na- tend that a code of conduct is unnecessary culminate during the second decade of ture of the unincorporated territory because the major broadcast networks and status defined by the high court in an most local stations and cable networks all the next century. It will be a process have individual programming standards to with respect to the right of residents of earlier line of status decisions known which they adhere. Puerto Rico to become fully self-gov- as the Insular Cases. For even though The reality, however, is that few people erning, based on local self-determina- Puerto Ricans have had statutory U.S. know that these standards even exist. That’s tion, and, at the same time, recognizes citizenship since 1917, and local con- largely because they are often hidden from that the United States also has a right stitutional self-government similar to public view. Of the big four networks, only of self-determination in its relation- that of the States since 1952, it has be- CBS will release its programming standards to the public. ABC, NBC, and Fox have re- ship to Puerto Rico. come quite clear that U.S. citizens re- fused to do so. Consequently, resolution of the sta- siding in an unincorporated territory tus of Puerto Rico should take place in cannot become fully self-governing in By Mr. CRAIG (for himself, Mr. accordance with the terms of a transi- the Federal constitutional system on GRAHAM, Mr. D’AMATO, Mr. tion plan that is determined by Con- the basis of equality with their fellow

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2557 citizens residing in the States of the outside the territorial clause only S9559, August 2, 1996. Like a similar lo- Union. when Congress and the voters deter- cally managed vote in 1967, the 1993 Specifically, unincorporated terri- mine to pursue a recognized form of vote did not resolve the question of torial status with the commonwealth separate nationhood or full incorpora- Puerto Rico’s future status, in large structure for local self-government tion into the Federal political process part because of pervasive confusion and cannot be converted into a permanent leading to statehood. misinformation about the legal nature form of union with constitutionally Thus, the question becomes one of of Puerto Rico’s current status. guaranteed U.S. citizenship, or equal how long can a less-than-equal and The problem of chronic nonproduc- legal and political rights with citizens non-self-governing status continue now tive debate in Puerto Rico and in Con- in the States including voting rights in that Puerto Rico has constitutional gress with respect to definition of the national elections and representation self-government at the local level and current status of Puerto Rico, as well in Congress. At the same time, Con- has established institutions and tradi- as the options for change, is examined gress cannot abdicate, divest or dispose tions which are based upon, modeled carefully in House Report 104–713, part of its constitutional authority and re- after, and highly compatible with those 1, July 26, 1996, pp. 8–23, 29–36. In addi- sponsibility under the territorial of the United States? How long is tem- tion to responding to Resolution 62 by clause or be bound by a statutory con- porary when we consider that Puerto introducing legislation addressing the ferral of special rights intended to Rico has been within U.S. sovereignty subject matter of that request by the make the citizens of a territory whole and the U.S. customs territory for a elected representatives of the residents for the lack of equal rights under the century? of Puerto Rico, S. 2019 was intended to Federal constitution. The proposals in the past that the complement and support the efforts of The concept of an unalterable bilat- self-determination process be self-exe- a bipartisan group of knowledgeable eral pact between Congress and the ter- cuting may have had the appearance of Members in the House to address the ritories is politically implausible and empowering the people to determine troubling issues raised in House Report constitutionally impermissible. A mu- their destiny. However, any attempt to 104–713, part 1. tual consent based relationship would bind Congress and the people to a S. 2019 was a companion measure to amount to a local veto power over acts choice the full effect and implications H.R. 3024, the United States-Puerto of Congress and would give the terri- of which cannot be known at the time Rico Political Status Act, which was tories rights and powers superior to the initial choice is made is actually a the subject of House Report 104–713, those of the States. Indeed, I am not form of disempowerment. For self-de- part 1. Although H.R. 3024 was sched- certain what the results would be if the termination to be legitimate it must be uled for a vote by the House in the last States were given the option of trading informed, and a one-stage binding and days of the 104th Congress, and over- in representation in Congress and the self-executing process prevent both whelming approval was expected, a vote in Presidential elections for the parties to the process—Congress and vote was delayed due to ancillary power to veto Federal law, but it is a the people—from knowing what it is issues. However, important amend- prospect inconsistent with American they are approving. ments to H.R. 3024 were agreed upon by federalism. Any process which does not enable participants in the House delibera- Thus, altering our constitutional sys- Congress and the voters to define the tions, and some of these should be in- tem to attempt to accommodate the options and approve the terms for im- corporated in any measure to be con- unincorporated territories in this way plementation through a democratic sidered in the 105th Congress. would be a disproportionate, inequi- process which involves a response by For example, because the debate in table, and politically perverse remedy each party to the freely expressed the 104th Congress and in the 1996 elec- for the problems the territories are ex- wishes of the other as part of an or- tions in Puerto Rico clarified certain periencing due to the lack of voting in derly self-determination procedure is a fundamental issues regarding defini- Federal elections or representation in formula for stagnation under the sta- tion of status options, it may now be Congress. tus quo. appropriate to include a three-way Moreover, the concept of enhancing a That is why the legislation defining a array of ballot options in any future less-than-equal status so that the dis- self-determination process for Puerto status referendum. Thus, common- enfranchisement of U.S. citizens in the Rico must be based on the successful wealth, independence, and statehood Federal political proces becomes per- process Congress prescribed in 1950 should appear side-by-side on the ballot manent would arrest the process of through which the current constitution the next time there is a status vote in self-determination and decolonization was approved by Congress and the vot- Puerto Rico. that began when the local constitution ers in 1952. That process empowered the In the 104th Congress I concurred in was established by Congress and the people and Congress to approve the the bipartisan position that developed voters in the territory in 1952. process itself, then approve the new re- in the House deliberations in support of It would reverse the progress that lationship defined through the process. a two-part ballot, separating the ques- has been made toward full self-govern- As explained below, this is the most tion of preserving the current unincor- ment to attempt to transform a tem- democratic procedure possible given porated territory status from the two porary territorial status into a perma- the complicated dilemma faced by the options for change to a permanent nent one, although that is precisely United States and Puerto Rico. For form of full self-government—separate what has been attempted by some in only when the people express their sovereignty or statehood. However, the Puerto Rico for the last 40 years. Some preference between status options de- agreed upon House bill amendments in Congress have facilitated and pro- fined in a manner acceptable to Con- and this new Senate bill make it clear moted the fatally flawed notion that gress can the United States inform the that separate nationality or statehood Puerto Rico could become a nation people of the terms under which the remain the two paths to full self-gov- within a nation—if only at the level of preferred option could be accepted by ernment, and that commonwealth is a partisan politics while being careful Congress. This would empower the peo- territorial clause status. I believe this never to formally accept or commit ple to then engage in an informed act approach will result in a free and in- that it could be constitutionally sus- of self-determination, and it would em- formed act of self-determination by the tained. power Congress to define the national residents based on accurate definitions. In reality, Puerto Rico is capable of interest throughout the process. This will simplify the structure of becoming a State or a separate nation, In the 104th Congress, S. 2019, was a the ballot, and make it all the more or of remaining under the territorial response to Concurrent Resolution 62, imperative that the definitions of sta- clause if that is what the people and adopted by the Legislature of Puerto tus options also remain as simple and Congress prefer. But a decision to re- Rico on December 14, 1994, and directed straightforward as possible. All the op- tain territorial status must be based on to the U.S. Congress, requesting a re- tions presented on the ballot in a fu- acceptance that this is a temporary sponse to the results of a 1993 plebiscite ture status referendum must be based status under the territorial clause, conducted in Puerto Rico under local on the objective elements of each sta- which can lead to full self-government law. See, CONGRESSIONAL RECORD S9555– tus option under applicable provisions

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2558 CONGRESSIONAL RECORD — SENATE March 19, 1997 of the U.S. Constitution and inter- upon which Congress would be willing tion to consider any status definition— national law as recognized by the to implement the new status. no matter who might propose it—which United States. Third, both Congress and the voters is deemed unconstitutional or unac- In this connection, it must be noted must act affirmatively to approve final ceptable to Congress. That would be that in the last four decades every at- implementation once the terms of the misleading and dishonest, and no clev- tempt by Congress and territorial lead- transition plan have been fulfilled. er caveat could redeem such a breach ers to define the status options and es- This would track the successful of the institutional integrity and con- tablish a procedure to resolve the sta- model of Public Law 600, except that it stitutional duty of the Congress. tus question has failed. The last proc- improves upon it by requiring Congress In 1997, Congress must take responsi- ess which produced a tangible result and the voters to approve final imple- bility for informing the people of Puer- and advanced Puerto Rico’s progress mentation. This is more democratic to Rico of what the real options are toward self-government was that which than the procedure followed in 1952, in based on congressional definition of the Congress established in 1950 to allow which Congress amended the Constitu- status formulations which Congress de- the residents of Puerto Rico to orga- tion and the revisions were accepted by termines to be consistent with the na- nize local constitutional government. the constitutional convention and put tional interest and the right of self-de- Thus, instead of trying to revisit bat- into effect by proclamation of the Gov- termination of both the United States tles of the past over any of the bills ernor. and the people of Puerto Rico. This considered by Congress in 1990 and 1991, To ensure that there is no ambiguity represents an opportunity and chal- a better model for taking the next step about the new relationship as there lenge as we seek to define our Nation in the self-determination process for was after the current local constitu- in the next century, and there is an ob- Puerto Rico is the one employed by tion was implemented in 1952, the Con- ligation for all concerned to ensure Congress to authorize and establish the gress and the voters themselves, again, that the voters in Puerto Rico are current commonwealth structure for should have the last word on imple- given an opportunity for a free and in- local self-government based on consent mentation. This prevents the local po- formed act of self-determination. of the voters. The process established litical parties from attempting to ex- If we accomplish that, then whatever under Federal law in 1950 was based on ploit ambiguity and convert it into a the outcome may be will vindicate 100 a three-stage process through which political platform, as has been the case years of democratization and develop- the proposed new form of self-govern- with the current commonwealth struc- ment for Puerto Rico through its ment was defined, approved and imple- ture for local self-government. evolving relationship with the United mented with consent of both the In this regard, I note that there are States and the self-determination of its United States and the residents of the those who continue to suggest that people. territory at each stage. definitions of status options for a polit- Mr. GRAHAM. Mr. President, I rise In the successful 1950 process, Con- ical status referendum should be based today to introduce the Puerto Rico gress set forth in U.S. Public Law 600 upon the formulations adopted by the Self Determination Act of 1997. I am an essentially three-phase procedure as political parties in Puerto Rico. This proud to cosponsor this important leg- follows: approach is urged in the name of con- islation with Senator LARRY CRAIG and Congress acted first, defining a sensus building. However, the history a bipartisan coalition of eight other framework under Federal law for insti- of attempts to address this problem— distinguished colleagues. tuting constitutional self-government including the approval of H.R. 4765 by Mr. President, on December 10, 1898, over local affairs. An initial ref- the House in 1990—makes it clear that through the Treaty of Paris that ended erendum was conducted in which the the illusion of consensus has been the Spanish-American War, Puerto voters approved the terms for insti- achieved on status definitions in the Rico became part of the United States. tuting constitutional self-government past only by sacrificing the constitu- Next year marks the 100th anniversary as defined by Congress. tional, legal, and political integrity of of this union. A second referendum was conducted the process. Mr. President, there is no better way on the proposed constitution and the Recognizing the principle of consent for us to commemorate this special oc- President of the United States was re- by the qualified voters through an act casion than to give the U.S. citizens of quired under Public Law 600 to trans- of self-determination to retain the cur- Puerto Rico the same right that their mit the draft constitution approved in rent status or seek change under defi- counterparts in all 50 States and the that second referendum to Congress nitions acceptable to Congress is very District of Columbia enjoy—the right with his findings as to its conformity different from the idea that legislation to choose their political destiny. with the criteria defined by Congress. to make self-determination possible In 1917, the Jones Act gave the people Congress approved final implementa- cannot be enacted unless there is con- of Puerto Rico U.S. citizenship, but it tion of the new local constitution with sent by local political parties to both was less than complete. Though they amendments which were accepted by the form and content of what is pro- are citizens, Puerto Ricans can only the locally elected constitutional con- posed. The qualified voters of Puerto vote in Presidential elections if they vention and implemented on that basis Rico, not the local political parties, are are registered in a State or the District by proclamation of the Governor. Puerto Rico for purposes of the self-de- of Columbia. They have a delegate in We should adopt a similar procedure termination process. Congress—a position currently held by for taking the next step to complete No sleight-of-hand gimmicks or dis- Congressman CARLOS ROMERO- the process leading to full self-govern- claimers disguised as good-faith com- BARCELO´ —who does not have voting ment which began with enactment of mitments will substitute for intellec- privileges. Public Law 600 in 1950. Such a three- tually honest status definitions. We But this lack of political rights is not stage process would be one through must approve legislation that makes it due to a lack of communication. which: clear that Congress will propose a tran- Throughout their history as part of the First, Congress defines the proce- sition plan on terms it deems to be in United States, Puerto Ricans have ex- dures and options it will accept as a the best interests of the United States, pressed their desire to achieve full po- basis for resolving the status question. and when it does the people qualified to litical rights. They have on various oc- In an initial referendum the voters vote in Puerto Rico will have to decide casions let Congress know of their de- then approve a status option they pre- if the terms prescribed by Congress are sire to be full participants in our de- fer. acceptable. mocracy. And their actions speak even Second, the President transmits a If the terms for a change of status de- louder than their words. proposal with recommended terms for fined by Congress are not acceptable to Puerto Ricans have contributed in all implementing the choice of the voters the voters, then the right of self-deter- aspects of American life,—in the arts, consistent with the criteria defined by mination can be exercised thereafter in in sciences, in sports, and especially in Congress, and upon approval by Con- an informed manner based on that out- service to the Nation. Their record of gress a second referendum is held to de- come. There should be no stated or im- service to this country speaks for termine if the voters accept the terms plied commitment to a moral obliga- itself. In World War II alone, more than

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2559 65,000 Puerto Rican men and women have done to enrich our culture and de- ‘‘(1) has the ability to realize a profit or served in the Armed Forces. In Viet- fend our Nation from external threats, loss, nam, over 60,000 served. The first they have earned the right to decide ‘‘(2) incurs unreimbursed expenses which United States soldier killed in Somalia their own political destiny. are ordinary and necessary to the service provider’s industry and which represent an was Puerto Rican. One of the airmen Mr. President, since the early 1900’s, amount at least equal to 2 percent of the shot down over Libya in 1986 was Puer- self-determination has been a corner- service provider’s adjusted gross income at- to Rican. And it was a soldier from stone principle of our Nation’s foreign tributable to services performed pursuant to Puerto Rico who sounded the alarm— policy. 1 or more contracts described in subsection and saved lives—in the 1983 bombing of As we approach the century mark of (d), and the Marine barracks in Beirut. the union between Puerto Rico and the ‘‘(3) agrees to perform services for a par- I recently received a letter from re- United States, this bill will serve as a ticular amount of time or to complete a spe- tired U.S. Army Lt. Col. Dennis model of American democracy at its cific result or task. ‘‘(c) ADDITIONAL SERVICE PROVIDER RE- Freytes, a Puerto Rican who resides in best—providing citizens with their QUIREMENTS WITH REGARD TO OTHERS.—For Orlando. He states in his letter: right to decide their own futures. the purposes of subsection (a), the require- As an American Puerto Rican, who has ments of this subsection are met if the serv- proudly served our country, I think that By Mr. BOND (for himself and ice provider— Puerto Rico’s political status should be Mr. NICKLES): ‘‘(1) has a principal place of business, promptly resolved, so we don’t have second S. 473. A bill to amend the Internal ‘‘(2) does not primarily provide the service class citizens in our democratic form of gov- Revenue Code of 1986 to clarify the at a single service recipient’s facilities, ernment. standards used for determining that ‘‘(3) pays a fair market rent for use of the Puerto Ricans voluntarily joined our certain individuals are not employees, service recipient’s facilities, or Armed Forces and have given their and for other purposes; to the Com- ‘‘(4) operates primarily with equipment not supplied by the service recipient. lives in defense of our country and mittee on Finance. ‘‘(d) WRITTEN DOCUMENT REQUIREMENTS.— democratic way of life. I emphasize THE INDEPENDENT CONTRACTOR TAX REFORM For purposes of subsection (a), the require- ‘‘our’’ because U.S. citizens must have ACT OF 1997 ments of this subsection are met if the serv- the same rights no matter where they Mr. BOND. Mr. President, I ask unan- ices performed by the service provider are were born or where they choose to live. imous consent that the text of the bill performed pursuant to a written contract be- In 1996 and 1997, the Legislature of be printed in the RECORD. tween such service provider and the service Puerto Rico, the democratically elect- There being no objection, the bill was recipient, or the payor, and such contract provides that the service provider will not be ed representatives of 3.7 million U.S. ordered to be printed in the RECORD, as citizens, overwhelmingly approved res- treated as an employee with respect to such follows: services for Federal tax purposes. olutions requesting that the Congress S. 473 ‘‘(e) BUSINESS STRUCTURE AND BENEFITS and the President of the United States Be it enacted by the Senate and House of Rep- REQUIREMENT.—For purposes of subsection respond to their legitimate democratic resentatives of the United States of America in (a), the requirements of this subsection are aspirations. They requested that a Congress assembled, met if the service provider— plebiscite be held not later than De- SECTION 1. SHORT TITLE. ‘‘(1) conducts business as a properly con- cember 31, 1998, almost exactly 100 This Act may be cited as the ‘‘Independent stituted corporation or limited liability years after Puerto Rico gained terri- Contractor Tax Reform Act of 1997’’. company under applicable State laws, and ‘‘(2) does not receive from the service re- torial status. There have been similar SEC. 2. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT EM- cipient or payor benefits that are provided to referendums in the past, but those were employees of the service recipient. locally mandated—Congress gave no di- PLOYEES. (a) IN GENERAL.—Chapter 25 of the Internal ‘‘(f) SPECIAL RULES.—For purposes of this rection as to how, if at all, the results Revenue Code of 1986 (relating to general section— might affect Puerto Rico’s political provisions relating to employment taxes) is ‘‘(1) FAILURE TO MEET REPORTING REQUIRE- status. amended by adding after section 3510 the fol- MENTS.—If for any taxable year any service It is time for the people of Puerto lowing new section: recipient or payor fails to meet the applica- ble reporting requirements of section 6041(a) Rico to have a referendum process ‘‘SEC. 3511. SAFE HARBOR FOR DETERMINING which defines the choices in a manner THAT CERTAIN INDIVIDUALS ARE or 6041A(a) with respect to a service pro- vider, then, unless the failure is due to rea- which are constitutionally valid, and NOT EMPLOYEES. ‘‘(a) SAFE HARBOR.— sonable cause and not willful neglect, the that Congress is willing to uphold. safe harbor provided by this section for de- Mr. President, I want to particularly ‘‘(1) IN GENERAL.—For purposes of this title, if the requirements of subsections (b), termining whether individuals are not em- stress this latter point. Congress needs (c), and (d), or the requirements of sub- ployees shall not apply to such service re- to understand that if it passes this sections (d) and (e), are met with respect to cipient or payor with respect to that service bill—and I share the hope of my friend any service performed by any individual, provider. and colleague, Senator CRAIG that we then with respect to such service— ‘‘(2) BURDEN OF PROOF.—For purposes of will and that we will do so expedi- ‘‘(A) the service provider shall not be subsection (a), if— ‘‘(A) a service provider, service recipient, tiously—it is assuming an important treated as an employee, ‘‘(B) the service recipient shall not be or payor establishes a prima facie case that political, and moral obligation to the it was reasonable not to treat a service pro- American citizens of Puerto Rico. treated as an employer, ‘‘(C) the payor shall not be treated as an vider as an employee for purposes of this sec- This is not a bill without significant employer, and tion, and consequences. If Puerto Ricans ask to ‘‘(D) compensation paid or received for ‘‘(B) the service provider, service recipient, remain a Commonwealth, we need to such service shall not be treated as paid or or payor has fully cooperated with reason- respect their wishes. If they want to received with respect to employment. able requests from the Secretary or his dele- become a State, we must begin the ‘‘(2) AVAILABILITY OF SAFE HARBOR NOT TO gate, process of incorporation. And if they LIMIT APPLICATION OF OTHER LAWS.—Nothing then the burden of proof with respect to such desire independence, we must take in this section shall be construed— treatment shall be on the Secretary. steps to meet that request. To do oth- ‘‘(A) as limiting the ability of a service ‘‘(3) RELATED ENTITIES.—If the service pro- provider, service recipient, or payor to apply vider is performing services through an enti- erwise would be to seriously undermine other applicable provisions of this title, sec- ty owned in whole or in part by such service our credibility with the 3.7 million citi- tion 530 of the Revenue Act of 1978, or the provider, the references to ‘service provider’ zens of Puerto Rico and the nearly 300 common law in determining whether an indi- in subsections (b) through (e) may include million residents of Latin America. vidual is not an employee, or such entity, provided that the written con- Mr. President, for the last 100 years, ‘‘(B) as a prerequisite for the application of tract referred to in subsection (d) is with the United States had given Puerto any provision of law described in subpara- such entity. Ricans status as citizens but withheld graph (A). ‘‘(g) DETERMINATIONS BY THE SECRETARY.— some of the rights, privileges, and re- ‘‘(b) SERVICE PROVIDER REQUIREMENTS For purposes of this title— WITH REGARD TO THE SERVICE RECIPIENT.— ‘‘(1) IN GENERAL.— sponsibilities that come with that For purposes of subsection (a), the require- ‘‘(A) DETERMINATIONS WITH RESPECT TO A privilege. It is time for that to end. ments of this subsection are met if the serv- SERVICE RECIPIENT OR A PAYOR.—A deter- Puerto Ricans do not deserve second- ice provider, in connection with performing mination by the Secretary that a service re- class political status. For all that they the service— cipient or a payor should have treated a

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2560 CONGRESSIONAL RECORD — SENATE March 19, 1997 service provider as an employee shall be ef- ‘‘(A) the office is the location where the necessary to go to a casino or store fective no earlier than the notice date if— service provider’s essential administrative or where lottery tickets are sold. Anyone ‘‘(i) the service recipient or the payor en- management activities are conducted on a with a computer and a modem will tered into a written contract satisfying the regular and systematic (and not incidental) have access to a casino: Internet users requirements of subsection (d), basis by the service provider, and ‘‘(ii) the service recipient or the payor sat- ‘‘(B) the office is necessary because the can access hundreds of sites for black- isfied the applicable reporting requirements service provider has no other location for the jack, craps, roulette, and sports bet- of section 6041(a) or 6041A(a) for all taxable performance of the essential administrative ting. Gambling addiction is already on years covered by the agreement described in or management activities of the business. the rise. Online gambling will only in- clause (i), and ‘‘(7) FAIR MARKET RENT.—The term ‘fair crease the problem. ‘‘(iii) the service recipient or the payor market rent’ means a periodic, fixed min- Why is this bill necessary? It dispels demonstrates a reasonable basis for deter- imum rental fee which is based on the fair any ambiguity by making clear that mining that the service provider is not an rental value of the facilities and is estab- all betting, including sports betting, is employee and that such determination was lished pursuant to a written agreement with illegal. Currently, nonsports betting is made in good faith. terms similar to those offered to unrelated ‘‘(B) DETERMINATIONS WITH RESPECT TO A persons for facilities of similar type and interpreted as legal. The bill also clari- SERVICE PROVIDER.—A determination by the quality.’’ fies the definition of bets and wagers. Secretary that a service provider should (b) CLARIFICATION OF RULES REGARDING This ensures that those who are gam- have been treated as an employee shall be ef- EVIDENCE OF CONTROL.—For purposes of de- bling cannot circumvent the law. For fective no earlier than the notice date if— termining whether an individual is an em- example, virtual gaming businesses ‘‘(i) the service provider entered into a con- ployee under the Internal Revenue Code of have been known to offer prizes instead tract satisfying the requirements of sub- 1986 (26 U.S.C. 1 et seq.), compliance with of money, in an attempt to evade the statutory or regulatory standards shall not section (d), law. ‘‘(ii) the service provider satisfied the ap- be treated as evidence of control. plicable reporting requirements of sections (c) REPEAL OF SECTION 530(d) OF THE REV- Additionally, my bill clarifies that 6012(a) and 6017 for all taxable years covered ENUE ACT OF 1978.—Section 530(d) of the Rev- Internet access providers are covered by the agreement described in clause (i), and enue Act of 1978 (as added by section 1706 of by the law. As the National Associa- ‘‘(iii) the service provider demonstrates a the Tax Reform Act of 1986) is repealed. tion of Attorneys General [NAAG] task reasonable basis for determining that the (d) CLERICAL AMENDMENT.—The table of force on Internet Gambling reported, service provider is not an employee and that sections for chapter 25 of such Code is ‘‘this is currently the most important such determination was made in good faith. amended by adding at the end the following new item: section to State and local law enforce- ‘‘(C) REASONABLE CAUSE EXCEPTION.—The ment agencies, because it provides a requirements of subparagraph (A)(ii) or ‘‘Sec. 3511. Safe harbor for determining that (B)(ii) shall be treated as being met if the civil enforcement mechanism.’’ FCC- certain individuals are not em- regulated carriers notified by any failure to satisfy the applicable reporting re- ployees.’’ quirements is due to reasonable cause and State or local law enforcement agency (e) EFFECTIVE DATES.— not willful neglect. of the illegal nature of a site are re- (1) IN GENERAL.—The amendments made ONSTRUCTION.—Nothing in this sub- ‘‘(2) C by, and the provisions of, this section shall quired to discontinue services to the section shall be construed as limiting any apply to services performed after the date of malfeasor. NAAG believes that this can provision of law that provides an oppor- enactment of this Act. be a very effective deterrent. The bill tunity for administrative or judicial review (2) DETERMINATIONS BY SECRETARY.—Sec- includes interactive computer-service of a determination by the Secretary. tion 3511(g) of the Internal Revenue Code of providers among those entities re- OTICE DATE.—For purposes of this ‘‘(3) N 1986 (as added by subsection (a)) shall apply subsection, the notice date is the 30th day quired to discontinue such service upon to determinations after the date of enact- after the earlier of— notice. Federal, State, and local law ment of this Act. ‘‘(A) the date on which the first letter of enforcement entities are explicitly au- (3) SECTION 530(d).—The amendment made proposed deficiency that allows the service by subsection (c) shall apply to periods end- thorized to seek prospective injunctive provider, the service recipient, or the payor ing after the date of enactment of this Act. relief against continued use of a com- an opportunity for administrative review in munications facility for purposes of the Internal Revenue Service Office of Ap- By Mr. KYL (for himself, Mrs. gambling. peals is sent, or FEINSTEIN, Mr. GRAHAM, Mr. The Internet Gambling Prohibition ‘‘(B) the date on which the deficiency no- tice under section 6212 is sent. HUTCHINSON, Mr. GRASSLEY, and Act makes explicit the intent of Con- Mr. JOHNSON): gress to create extraterritorial juris- ‘‘(h) DEFINITIONS.—For the purposes of this section— S. 474. A bill to amend sections 1081 diction regarding Internet gambling ‘‘(1) SERVICE PROVIDER.—The term ‘service and 1084 of title 18, United States Code; activities. Too often, illicit operators provider’ means any individual who performs to the Committee on the Judiciary. of virtual casinos set up shop in friend- a service for another person. THE INTERNET GAMBLING PROHIBITION ACT OF ly jurisdictions beyond the direct ap- ‘‘(2) SERVICE RECIPIENT.—Except as pro- 1997 plication of U.S. law. It will also re- vided in paragraph (4), the term ‘service re- Mr. KYL. Mr. President, I rise to in- quire the DOJ to report on the difficul- cipient’ means the person for whom the serv- troduce the Internet Gambling Prohibi- ties associated with enforcing the stat- ice provider performs such service. tion Act of 1997. It will outlaw gam- ute. Finally, it places some burden on ‘‘(3) PAYOR.—Except as provided in para- bling on the Internet. I believe it will graph (4), the term ‘payor’ means the person the bettor. who pays the service provider for the per- protect children from logging on to the The Internet has great potential to formance of such service in the event that Internet and being exposed to activi- promote both educational opportuni- the service recipient does not pay the service ties that are normally prohibited to ties and business expansion in this provider. them. And for those people with a gam- country. At the same time, the Inter- ‘‘(4) EXCEPTIONS.—The terms ‘service re- bling problem, my bill will make it net is fast becoming a place where in- cipient’ and ‘payor’ do not include any enti- harder to gamble away the family pay- appropriate activities such as gam- ty in which the service provider owns in ex- check. bling, pornography, and consumer cess of 5 percent of— Gambling erodes values of hard work, fraud thrive. Recently, many busi- ‘‘(A) in the case of a corporation, the total combined voting power of stock in the cor- sacrifice, and personal responsibility. nesses have welcomed law enforce- poration, or Although the social costs of gambling ment’s involvement in cracking down ‘‘(B) in the case of an entity other than a are difficult to quantify, research indi- on consumer fraud. We must find a con- corporation, the profits or beneficial inter- cates they are potentially staggering. stitutional way to deal with the other ests in the entity. Gambling is a growing industry in the problems raised by this revolution in ‘‘(5) IN CONNECTION WITH PERFORMING THE United States, with revenues approach- communications. I believe that it is SERVICE.—The term ‘in connection with per- ing $550 billion last year—three times possible to impose some conditions, as forming the service’ means in connection or the revenues of General Motors Corp. we have in other areas, without vio- related to the operation of the service pro- vider’s trade or business. In 1993, more Americans visited casinos lating free speech rights. ‘‘(6) PRINCIPAL PLACE OF BUSINESS.—For than attended a major league baseball There is growing support for changes purposes of subsection (c), a home office game. to current law. As I mentioned, the shall in any case qualify as the principal The problem can only grow worse NAAG has a task force on Internet place of business if— with online casinos. Now it is no longer gambling, and the report of the task

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2561 force—authored by Attorneys General as well as informational how-to sites I believe this small tax change would Dan Lungren and Hubert Humphrey— on the Internet. In short, the Internet’s allow draft cider producers to compete called for a legislative remedy to stem ability to serve as an information con- more fairly in the market with com- the tide of gambling electronically. duit for the gambling industry has parable beverages. As draft cider be- NAAG has endorsed my bill. been recognized. comes more competitive the market Mr. President, the Internet Gambling Second, States have historically been will likely grow. This will greatly ben- Prohibition Act of 1997 ensures that the primary regulator of gambling ac- efit the apple growers throughout this the law will keep pace with technology tivities. However, the widespread use of Nation, by expanding the use and need and keep gambling off the Internet. I the Internet and its potential to serve for their product. urge my colleagues to pass the bill. as a conduit of gambling activities ∑ Mr. GRAHAM. Mr. President, I join across national and State borders, The production of draft hard cider my friend and colleague from Arizona, serves to undermine States’ regulatory comes from apples that are culls, proc- Senator KYL, in cosponsoring the control. Our legislation is not intended essing apples or apples that are not us- Internet Gambling Prohibition Act in- to disrupt this prerogative, but rather able in the fresh market. The conver- troduced today, which is intended to to assist States’ ability to enforce its sion of culled apples into high value address a growing problem in the own gambling laws. processed products such as draft cider United States as our technology con- Finally, the legislation would not is important to growers as well as to tinues to modernize our modes of com- hold Internet access providers—such as processors. munication. America Online—liable for gambling Cider and other apple byproducts are This legislation is an attempt to take activities that occur on the Internet. important to Vermont’s economy, pro- a step forward in meeting the needs of However, the Internet access providers viding a market for otherwise unmar- State law enforcement organizations are required, once notified by a State ketable fruit. Of Vermont’s average an- and officials. or law enforcement agency of the ille- With the development of the Internet gal activity, to discontinue Internet nual crop of 1.1 million bushels, ap- World Wide Web, the ability of Ameri- services to the malfeasor. proximately 20 percent, or 220,000 bush- cans to access information for their Mr. President, there is growing els, are graded out as culls, or proc- personal and professional use has taken awareness of the importance of this essing apples. Apple production has a a quantum leap. It is safe to say that issue in my State of Florida. The attor- long history in Vermont, and is an in- the Internet is one of the more impor- ney general of the State of Florida tegral part of agriculture in our State tant technological advances of the late wrote me on February 17, 1997, urging as it is in many States. 20th century with respect to the influ- strong support of this legislation. I am Many States have recognized the po- ence that the technology can have on committed to providing strong support tential benefits to their apple farmers the lives of so many Americans. in the Congress for Florida law enforce- by lowering the tax on draft cider to The number of American Internet ment concerns. equal the beer tax rate. State Depart- It is timely and necessary for the users has grown from 1 million in 1992 ments of Agriculture, farm bureaus, Congress to assist States on this grow- to over 50 million today. This number and representatives from the apple in- is expected to grow to several hundred ing problem which undermines States’ dustry across this Nation have voiced million users by the year 2000. As we jurisdiction and control. We should their support for lowering the cider tax bring Internet technology into our support the efforts of our State and rate. schools, we will see greater use of the local law enforcement officials so that Internet particularly among our youth, they can prevent the growth of activi- This bill that I introduce today is many who are already adept at using ties which are illegal in that State. similar to legislation that I introduced their home computers and surfing the I thank my colleague from Arizona along with my friend from Vermont, Internet for educational and rec- for his work in drafting this important Senator LEAHY, and my colleagues reational purposes. legislation. I look forward to working from New York in the last Congress. With this convenience and easy ac- with him this year in support of pas- The same bill was successful in the cess to a variety of information sage of this bill. Senate last Congress as part of the Mr. President, I ask my colleagues in sources, many of which are of great Small Business Job Protection Act of the Senate to join us in supporting this educational, cultural and professional 1996, H.R. 3448. Unfortunately, the lan- measure.∑ value, come certain expected problems. guage was not included in the con- The one that I want to speak to briefly By Mr. JEFFORDS (for himself, ference report of H.R. 3448. is that of the increasing use of the Mr. LEAHY, Mr. D’AMATO, and Mr. President, it is my hope that this Internet for the purposes of gambling. Mr. MOYNIHAN): The National Association of Attor- legislation will again pass in the Sen- S. 475. A bill to amend the Internal ate and be signed by the President. I ney Generals has recently studied the Revenue Code of 1986 to clarify the ex- problem of Internet gambling. In a 1996 ask my colleagues to support this leg- cise tax treatment of draft cider; to the islation.∑ report, ‘‘Gambling on the Internet,’’ Committee on Finance. ∑ the Association cited the following: TAX TREATMENT OF HARD APPLE CIDER Mr. LEAHY. Mr. President, I am The availability of gambling on the Inter- LEGISLATION pleased to join my friend from net * * * threatens to disrupt each State’s ∑ Mr. JEFFORDS. Mr. President, I am Vermont, Senator JEFFORDS, in intro- careful balancing of its own public welfare introducing tax legislation designed to ducing tax legislation designed to and fiscal concerns, by making gambling stimulate the apple industry in the available across State and national bound- increase opportunities for the apple in- aries, with little or no regulatory control. dustry in the United States. I am United States. I am pleased that Sen- There are literally hundreds of gambling- pleased that Senators LEAHY, D’AMATO, ators D’AMATO and MOYNIHAN are join- related sites on the Internet. Dozens more and MOYNIHAN are joining me as origi- ing me as original cosponsors of the are being added monthly. nal cosponsors of the bill. bill. Our bill clarifies the excise tax treat- Let me make several key distinc- Our bill revises the Federal excise ment of fermented apple cider. Current tions that must be understood with re- tax on fermented apple cider, more Federal tax law unfairly taxes fer- spect to this legislation. commonly known as draft cider, to First, it is important to note that the mented apple cider at a much higher beer tax rates. As one of the senior number of actual online gambling oper- rate than beer despite the two bev- ations are few at this time due to elec- erages similar alcohol levels. Cur- members of the Senate Agriculture tronic commerce and technical limita- rently, fermented apple cider, com- Committee, I believe this small tax tions. Advancements in technology, monly known as draft cider, is subject change will be of great benefit to cider however, make such shortcomings tem- to a tax of $1.07 per wine gallon, despite makers and apple growers across the porary. Only 6 months ago, there were its alcohol level. This bill lowers the country. only 17 active Internet gambling sites excise tax on draft cider containing not Draft cider is one of the oldest cat- on the World Wide Web. Today, there more than 7 percent alcohol to equal egories of alcoholic beverages in North are over 200. And, today, there are hun- the beer tax rate of 22.6 cents per gal- America. Back in colonial times, near- dreds of advertisements for gambling lon. ly every innkeeper served draft cider to

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2562 CONGRESSIONAL RECORD — SENATE March 19, 1997 his or her patrons during the long win- BOYS AND GIRLS CLUBS OF AMERICA sity found that public housing develop- ter. In fact, through the 19th Century, LEGISLATION ments in which there was an active beer and draft cider sold equally in the Mr. HATCH. Mr. President, I rise Boys and Girls Club had a 25 percent United States. today to introduce a measure to fur- reduction in the presence of crack co- Recently, draft cider has made a ther the commitment of the Repub- caine, a 22 percent reduction in overall comeback in the United States and lican Congress to support the expan- drug activity, and a 13 percent reduc- around the world. Our tax law, how- sion of the Boys and Girls Clubs of tion in juvenile crime. Members of ever, unfairly taxes draft cider at a America, one of the best examples of Boys and Girls Clubs also do better in much higher rate than beer despite the proven youth crime prevention. I am school, are less attracted to gangs, and two beverages sharing the same alcohol pleased to be joined in introducing this feel better about themselves. level and consumer market. This tax bill by a bipartisan group of Senators, Distinguished alumni of Boys and treatment, I believe, creates an artifi- including Senator BIDEN, the ranking Girls Clubs include role models such as cial barrier to the growth of draft Democrat on the Youth Violence Sub- actor Denzel Washington, basketball cider. Our legislation will correct this committee, Senator STEVENS, the superstar Michael Jordan, and San inequity. chairman of the Senate Appropriations Francisco 49ers quarterback Steve Present law taxes fermented cider, Committee, Senator GREGG, the chair- Young. regardless of its alcohol level, as a wine man of the Commerce, Justice, State More important, however, are the at a rate of $1.07 per gallon. Our bill Appropriations Subcommittee, and uncelebrated success stories—the mir- would clarify that draft cider con- Senator KOHL, who serves on the Judi- acles performed by Boys and Girls taining not more than 7 percent alco- ciary Committee. Clubs every day. At a Judiciary Com- hol and marketed in various size con- Our legislation addresses our con- mittee hearing today, we have some of tainers would be taxed at the beer rate tinuing initiative to ensure that, with these miracles with us. Amador of 22.6 cents per gallon. I believe this Federal seed money, the Boys and Girls Guzman, from my State of Utah, told Clubs of America are able to expand to tax change would allow draft cider pro- us how he believes the club in his serve an additional 1 million young ducers to compete fairly with com- neighborhood saved his life, by keeping people through at least 2,500 clubs by parable beverage makers. As draft him from gangs, drugs, and violence. the year 2000. The dedication of all of cider grows in popularity, apple grow- The reason Boys and Girls Clubs these Members demonstrates our com- ers around the nation should prosper work, and the Republican Congress mitment to both authorize and fund because draft cider is made from culled wants to do more for them is because this effort. they are locally run, and depend most- apples, the least marketable apples. Last year, in a bipartisan effort, the ly on community involvement for their The growth of draft cider should con- Republican Congress enacted legisla- success. vert these least marketable apples, tion I authored to authorize $100 mil- which account for about 20 percent of Never have our youth had a greater lion in Federal seed money over 5 years need for the positive influence of Boys the entire U.S. apple production, into a to establish and expand Boys and Girls and Girls Clubs, and never has the high value product, helping our strug- Clubs in public housing and distressed work of the clubs been more critical. gling apple growers. Indeed, I have re- areas throughout our country. With Our young people are being assaulted ceived letters from officials at state the help of the Appropriations Com- from all sides with destructive mes- agriculture departments from across mittee, we have fully funded this ini- sages. For instance, drug use is on the the nation—Arizona, Connecticut, tiative. Georgia, Maine, Massachusetts, New The bill we are introducing today rise. Recent statistics reconfirm that Hampshire, New York, Pennsylvania, streamlines the application process for drugs are ensnaring young people as Vermont and Virginia—supporting the these funds, and permits a small never before. Overall drug use by youth taxing of draft cider at the beer rate amount of the funds to be used to es- ages 12 to 17 rose 105 percent between because this change would allow apple tablish a role model speakers’ program 1992 and 1995, and 33 percent between farmers in their States to reap the ben- to encourage and motivate young peo- 1994 and 1995; 10.9 percent of our young efits of an expanded culled apple mar- ple nationwide. people now use drugs on a monthly ket. It is important to note that what we basis, and monthly use of marijuana is I have also heard from the Northeast are providing is seed money for the up 37 percent, monthly use of LSD is up McIntosh Apple Growers Association, construction and expansion of clubs to 54 percent, and monthly cocaine use by the New York Apple Association, the serve our young people. This is bricks youth is up 166 percent between 1994 New England Apple Council and many and mortar money to open clubs, and and 1995. apple farmers, processors and cider pro- after they are opened they will operate Our young people are also being as- ducers that support revising the excise without any significant Federal funds. saulted by gangs. By some estimates, tax on draft cider. In my view, this is a model for the there are more than 3,875 youth gangs, This bill is identical to legislation I proper role of the Federal Government with 200,000 members, in the Nation’s introduced with Senators JEFFORDS, in crime prevention. The days are over 79 largest cities, and the numbers are D’AMATO and MOYNIHAN in the last when we can afford vast never-ending going up. Even my State of Utah has Congress. That bill passed the Senate federally run programs. According to a not been immune from this scourge. In as part of the Small Business Job Pro- GAO report last year, over the past 30 Salt Lake City, since 1992, the number tection Act of 1996, H. R. 3448, but was years, Congress has created 131 sepa- of identified gangs has increased 55 per- not included in the conference report rate Federal programs, administered cent, from 185 to 288. The number of on H.R. 3448. I am hopeful that with the by 16 different agencies, to serve delin- gang members has increased 146 per- leadership of Senators JEFFORDS, quent and at-risk youth. These pro- cent, from 1,438 to 3545; and the number D’AMATO and MOYNIHAN, we can enact grams cost $4 billion in fiscal year 1995. of gang-related crimes has increased a into law this small tax change that Yet we have not made significant staggering 279 percent, from 1741 in 1992 will have a large positive impact on the progress in keeping our young people to 6611 in 1996. Shockingly, 208 of these Nation’s apple industry. away from crime and drugs. involved drive-by shootings. I urge my colleagues to support this What we can and must afford is Every day, our young people are legislation.∑ short-term, solid support for proven being bombarded with cultural mes- private sector programs like the Boys sages in music, movies, and television By Mr. HATCH (for himself, Mr. and Girls Clubs that really do make a that undermine the development of BIDEN, Mr. STEVENS, Mr. GREGG difference. Boys and Girls Clubs are core values of citizenship. Popular cul- and Mr. KOHL): among the most effective nationwide ture and the media glorify drug use, S. 476. A bill to provide for the estab- programs to assist youth to grow into meaningless violence, and sex without lishment of not less than 2,500 Boys and honest, caring, involved, and law-abid- commitment. Girls Clubs of America facilities by the ing adults. The importance of Boys and Girls year 2000; to the Committee on the Ju- We know that Boys and Girls Clubs Clubs in fighting drug abuse, gang re- diciary. work. Researchers at Columbia Univer- cruitment, and moral poverty cannot

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2563 be overstated. The clubs across the Governor or State officials in Utah, the First, the act makes a distinction be- country are a bulwark for our young President set aside this acreage as a tween national monument proclama- people and deserve all the support we national monument by the stroke of tions greater in size than 5,000 acres, can give. his pen. Let me emphasize this point. and those 5,000 acres and less. The Indeed, Federal efforts are already There was no consultation, no hear- President retains his almost unfettered paying off. Using over $15 million in ings, no town meetings, no TV or radio authority under the Antiquities Act seed money appropriated for fiscal year discussion shows, no nothing. No input over monument designations 5,000 1996, the Boys and Girls Clubs of Amer- from Federal managers who work in acres and less. Specifically, the Antiq- ica opened 208 new clubs in 1996. These Utah and manage our public lands. As uities Act delegates to the President clubs are providing positive places of I Stated last September, in all my 20 discretion to declare as a national hope, safety, learning, and encourage- years in the U.S. Senate, I have never monument that part of Federal land ment for about 180,000 more kids today seen a clearer example of the arrogance that contains historic landmarks, his- than in 1995. In my state of Utah, these of Federal power than the proclama- toric and prehistoric structures, and funds have helped keep an additional tion creating this monument. It con- other objects of historic or scientific 6,573 kids away from gangs, drugs, and tinues to be the mother of all land interest—but only as long as the de- crime. grabs. clared area is confined to the ‘‘smallest The $20 million appropriated for fis- We in Utah continue to work with area compatible with proper care and cal year 1997 is expected to result in the hand President Clinton has dealt management of the objects to be pro- another 200 clubs and 200,000 more kids us. That is, we are attempting to rec- tected.’’ The 5,000 acre limitation will involved in clubs. We need now to re- ognize and understand the constraints give effect to this ‘‘smallest area com- double our efforts. The legislation we placed upon the future use of the land patible’’ clause, which both the courts and resources contained within the introduce today demonstrates our com- and past Presidents have often ignored. mitment to do that. I urge my col- monument’s boundaries. We are trying For areas larger than 5,000 acres, the leagues to support it. to identify the various adverse effects President must consult, through the this action will have on the sur- Secretary of Interior, with the Gov- By Mr. HATCH (for himself and rounding communities. ernor of the State or States affected by Mr. BENNETT): Personally, while I would have pre- the proposed proclamation. This con- S. 477. A bill to amend the Antiq- ferred a monument designation consid- sultation will prevent executive agen- uities Act to require an Act of Con- erably smaller in scope, I could have cies from rolling over local concerns— gress and the consultation with the enthusiastically supported a monu- local concerns that, under the dictates Governor and State legislature prior to ment designation for the area covered of modern land policy laws such as the the establishment by the President of by the proclamation had I been con- national monuments in excess of 5,000 sulted prior to last September and in- Federal Land Policy and Management acres; to the Committee on Energy and vited to work with the President on a Act of 1976 [FLPMA] and the National Natural Resources. designation that was tailored to ad- Environmental Policy Act, certainly dress the many concerns we have heard deserve to be aired. f The National Monument Fairness over the years on this acreage. Two of THE NATIONAL MONUMENT Act also provides time constraints on these concerns involve the 200,000 acres FAIRNESS ACT OF 1997 the consultation requirement. From of school trust lands captured within the date the Secretary of Interior sub- Mr. HATCH. Mr. President, along the monument boundary and the lock- mits the President’s proposal to the ap- with my colleague, Senator BENNETT, I ing up of 16 billion tons of recoverable, propriate State Governor, the Gov- am pleased to introduce the National low-sulfur, clean-burning coal. Monument Fairness Act of 1997. This Remember, our wilderness bill con- ernor will have 90 days to respond with act will promote procedural fairness in sidered last year proposed designation written comments. Ninety days after the creation of national monuments on of approximately one-quarter of this receiving the Governor’s comments, Federal and State lands under the An- land as wilderness. I wanted to protect the Secretary will then submit appro- tiquities Act of 1906 and further con- most of it; the people of Utah wanted priate documentation, along with the gressional efforts in the area of envi- to protect most of it. But, we were not Governor’s written comments, to the ronmental protection. Identical legis- consulted; we were not asked; our opin- Congress. If the Governor fails to com- lation is being introduced today in the ion was not sought. Rather, in an effort ment on the proposal, the Secretary House of Representatives by Congress- to score political points with a power- will submit it to the Congress after 180 man JIM HANSEN with the support of ful interest group 48 days before a na- days from the date of the President’s Congressmen MERRILL COOK and CHRIS- tional election, President Clinton uni- proposal. These time constraints as- TOPHER CANNON. laterally acted. sure that the process will be fair. It As my colleagues know, on Sep- In taking this action in this way, the will prevent State officials from unnec- tember 18, 1996, President Clinton in- President did it all backwards. Instead essarily delaying proposed proclama- voked the Antiquities Act of 1906 to of knowing how the decision would be tions, but will allow appropriate time create the Grand Staircase/Escalante carried out—and knowing the all rami- for State and localities to voice their Canyons National Monument. The 1.7 fications of this implementation and concerns through the Governor’s com- million acre monument, larger in size the best ways to accommodate them— ments on the President’s actions. than the States of Rhode Island and the President has designated the monu- Consequently, the consultation re- Delaware combined, locks up more ment and now expects over the next 3 quirement ensures that large monu- than 200,000 acres of State lands, along years to make the designation work. ment designations will be made fairly, with vast energy reserves located be- The formal designation ought to come and in a manner that allows the par- neath the surface. after the discussion period. It is how ticipation, through their Governor, of Like the attack on Pearl Harbor, this we do things in this country. Unfortu- the people most directly affected by massive proclamation came completely nately, however, the decision is now the proclamation. without notice to the public. Although fait accompli, and we will deal with it Second, the National Monument State officials and members of the as best we can. I hope the President Fairness Act allows all citizens of the Utah congressional delegation were will be there to help our people in rural United States to voice their concerns told that the Administration would Utah and our school system as the im- on large designations through Con- consult us prior to making any change plementation of the designation order gress. The act provides that after the in the status of these lands, the Presi- takes place. Secretary has presented the proposal, dent’s announcement came as a com- The legislation we are introducing Congress must pass it into law and plete surprise. The biggest Presidential today, the National Monument Fair- send it to the President for his signa- land set-aside in almost 20 years was a ness Act, is designed to correct the ture before the proposal becomes final sneak attack. problems highlighted by the Clinton and effective. Thus, the Nation, Without any notification, let alone Antiquities Act proclamation in Utah. through its elected representatives, consultation or negotiation, with our It will do this in two significant ways. will make the decision whether certain

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2564 CONGRESSIONAL RECORD — SENATE March 19, 1997 lands will become national monu- need to pay particular attention, if the ignated. Certainly, any monument pro- ments. This is the way our democracy long arm of the Federal Government posal consisting of more than 5,000 ought to operate. Indeed, it furthers can do this to Utah without so much as acres that is proposed by the President the intent of the Framers in the Con- a day’s notice, it can do it to your where a consensus exists within Con- stitution who anticipated that laws State as well. gress that such a designation is war- and actions affecting one or more indi- It is time we incorporate some com- ranted would be favorably received and vidual States would be placed before mon sense protections for all States acted upon by Congress. And, at least the legislature and debated, with a into the Antiquities Act. I continue to home State senators and representa- State’s representatives and senators believe that last September’s act was a tives have a voice. In many cases, it is able to defend the interests of their Federal land grab, and I unwilling to likely that they would pursue a des- State. stand by and let it happen again in my ignation of these areas prior to the Mr. President, the purpose of our leg- State or any other State without a fair President exercising his authority islation is to ensure that a fair and and proper airing in the court of public under the Antiquities Act. thorough process is followed on any fu- opinion. But, let’s not lose focus of the pur- ture large-scale monument designa- Some may ask why this legislation poses of this bill. We simply want to tions under the authority granted in focuses only on proposed areas over ensure that a public process is under- the Antiquities Act. Since Utah is 5,000 acres. First, it is not our desire to taken prior to any large monument home to many other areas of signifi- completely withdraw the authority designation under the Antiquities Act. cant beauty and grandeur, I am con- granted the President in the 1906 act. As I stated earlier, we conduct such a cerned that this President or those But, the original act is clear when it process whenever a similar proposal is within his administration, or a future States that this authority should be introduced in Congress; why can’t Con- President or administration, might limited to ‘‘the smallest area’’ pos- gress insist that it be done when the consider using this authority in the sible. In my mind, this authority President desires to achieve the same same manner as last September. In should be available for those areas that purpose? other words, it will be ‘‘deja vu all over are small in nature that may require I mentioned that we are in the proc- again.’’ We cannot afford to have the quick or emergency protection for ess of recognizing and understanding entire land area of our state subject to which a monument designation is war- the constraints this proclamation will the whims of any President. Many have ranted. That is how I envision this au- place on the economic and social as- proposed plans, including myself, for thority being used. pects of the surrounding communities. these areas, that have been the subject Second, there is already precedence When an area the size of the Grand of considerable public scrutiny and in Federal law for 5,000 acres as the Staircase-Escalante Canyons National comment. The consensus building proc- threshold amount for determining cer- Monument is withdrawn from public ess must be allowed to continue with- tain pending or future Federal action use and given a special designation, out the threat that a Presidential pen or consequence. For example, the Wil- there are many ramifications that need will intervene to destroy any progress derness Act of 1964 defines wilderness to be addressed, the burden of which and goodwill that has been established as having ‘‘at least 5,000 acres of land.’’ falls primarily on the shoulders of the or that may be underway among the Also, FLPMA authorizes the Secretary local community. These include the citizens of our State. to withdraw 5,000 acres or more for up following items: I am aware that Interior Secretary to 20 years ‘‘on his own motion or upon First, county land-use plans will Babbitt stated publicly last month request by a department or agency have to be studied and amended to ad- that ‘‘there are no plans for any addi- head.’’ And, there is reference to dress necessary changes relating to the tional executive withdrawals’’ during ‘‘roadless areas of 5,000 acres or more’’ new monument. the remaining years of the Clinton ad- in that section of FLPMA that author- Second, consideration of the trans- ministration. That is fine. However, as izes the 15-year Bureau of Land Man- portation improvements required to my colleagues know perfectly well, agement wilderness study process. improve the existing inadequate trans- Secretary Babbitt told me and other I am sure that any detractors of this portation system to access the new members of our congressional delega- bill will State that had our bill been monument for visitors to the area. tion last December that there was no enacted in the past, some of the Na- Third, increased visitation to the final decision to designate the Grand tion’s most gorgeous and long lasting area will place greater burden on serv- Staircase/Canyons of the Escalante monuments would never have been des- ices provided by local government, Monument and that we, the congres- ignated as a national monument. I such as law enforcement, fire, emer- sional delegation, would be consulted would say two things to this point. gency, search-and-rescue, and solid prior to any designation. Since then, First, our bill will not prevent the es- waste collection. we have learned from press reports tablishment of any monument con- Fourth, increased visitation to the that many decisions leading to the sisting of 5,000 acres or more. The bill area will place greater burden on the monument announcement had already simply modifies the process by which proper disposition of limited natural been made, if not finalized, prior to our proposed monuments of acreage above resources, such as water, both for cul- meeting with the Secretary. this amount can be designated. Second, inary and irrigation purposes. But, regardless of whether the Clin- and most importantly, I understand These are just a few items that are ton administration plans to designate that there are 72 national monuments currently being discussed and reviewed any more monuments, I do not think it in the United States. Of that number, by local leaders in the area of the new is unreasonable to look at the authori- only one-third, or 24, have a total acre- national monument. These are not ties contained in the Antiquities Act— age figure greater than 5,000 acres. En- trivial matters; they are critical to particularly the authority that permits actment of our bill will not bring a continuing the livelihood of the cities such sweeping and long-lasting changes halt to the ability of Congress—or even and towns in the area. So, no one for individual States and towns with- the President—to designate national should think that creating a new out State input and congressional ap- monuments. monument of this size, as endearing a proval. That is the issue. In addition, I realize that some of our concept as that is, does not create sig- That is why we are introducing this existing national parks, such as Arches nificant matters that must be ad- legislation today. This matter of due and Canyonlands National Parks in dressed. process for State and local officials—as Utah, were originally established as Of course, the other consequence the well as for small business people, national monuments, only to be des- creation of this monument has created ranchers, school systems, and many ignated a park afterward. It is not fair which continues to be of utmost con- others affected by locking up lands—is to say that had our bill been in law cern to me is the final disposition of an issue about which I believe all Sen- prior to the designation of these monu- the State school trust lands captured ators and Congressmen need to be con- ments that parks like Arches and within the monument’s boundaries. cerned. While Senators representing Canyonlands or the Grand Canyon Na- The inability to access the natural re- the so-called public lands States may tional Park would never have been des- sources contained on these lands will

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2565 have a devastating impact on providing of local and State officials prior to legislation. It doubtlessly will become crucial funds to Utah’s public school making large-scale changes in land the focus of the estate tax reform ef- educational system. The Utah Congress designation and management. forts in the Senate efforts. The list of of Parents and Teachers has indicated Finally, the requirement that mas- original cosponsors already includes that ‘‘the income from the mineral re- sive monument proposals be passed Senators BAUCUS, LOTT, BREAUX, NICK- sources within the Monument could through the Congress, under the stric- LES, MURKOWSKI, KERREY, HAGEL, have made a significant difference in tures of article I of the Constitution, TORRICELLI, LANDREIU, and Mr. HUTCH- the funding of Utah schools now and will ensure that all Americans have a INSON. for many generations to come.’’ It re- say in land policy decisions that fun- I will go about this introductory mains to be seen the manner in which damentally change the Nation. And, statement in two steps. First, I am the President will fulfill the promises this, Mr. President, may be the most going to discuss the importance of this he made to the children of Utah last compelling reason of all to enact this legislation to my state of Iowa. Then, I September when he created the new measure. will make some remarks about the spe- monument. Specifically, he said ‘‘cre- I invite Senators to join me in sup- cific provisions of the bill. ating this national monument should port of this legislation and ask unani- In nearly every area of my state and not and will not come at the expense of mous consent that the text of the bill the nation, we saw in the past decade Utah’s children.’’ He also added that it be printed in the RECORD. estate tax ultimately confiscate many is his desire to ‘‘both protect the nat- There being no objection, the bill was family farms. For example, in 1981, the ural heritage of Utah’s children and en- ordered to be printed in the RECORD, as children of two family farmers in Han- sure them a quality educational herit- follows: cock County, Iowa, inherited tracks of age.’’ I am eager to work with him to S. 477 land that were debt free. In both of fulfill these promises. Be it enacted by the Senate and House of Rep- these cases a father was passing the I mention these items to simply resentatives of the United States of America in farm to one of his children. The estate paint a picture for my colleagues that Congress assembled, was forced to borrow the amount to there are many pieces to the monu- section 1. short title. pay for both the state inheritance tax ment puzzle that remain to be resolved. This act may be cited as the ‘‘National and the federal estate tax. At the time, The President can come to town—or 75 Monument Fairness Act of 1997.’’ the profitability of farming was low, miles to the south in another State— sec. 2. consultation with the governor and state legis- and the value of farm land plummeted. and designate a monument, but Utahns lature. In both cases the estate tax unfortu- are left to pick up the pieces of his ac- Section 2 of the Act of June 8, 1906, com- nately brought about the foreclosure of tion to make sure that it works—and monly referred to as the ‘‘Antiquities Act’’ (34 Stat. 225; 16 U.S.C. 432) is amended by these farms which had been in each that it works properly. That is what I adding the following at the end thereof: ‘‘A family for four generations. want, and I am sure that is what the proclamation under this section issued by That was sixteen years ago, and the President wants. the President to declare any area in excess of Finally, Mr. President, I must point 5,000 acres to be a national monument shall estate tax has hardly improved since out that the adoption of this act will not be final and effective unless and until then. The general estate tax exemption likely result in more stringent environ- the Secretary of the Interior submits the has risen to $600,000, but that number is mental protection of Federal lands. Presidential proclamation to Congress as a over $200,000 behind the rate of infla- The most ironic fact of the administra- proposal and the proposal is passed as a law tion. The important thing to keep in pursuant to the procedures set forth in Arti- mind about estate tax reform is that tion’s monument designation in Utah cle 1 of the United States Constitution. Prior is that national monuments permit a estates do not pay taxes, surviving to the submission of the proposed proclama- families pay taxes. This bill is simply greater level of activity than does a tion to Congress, the Secretary of the Inte- wilderness designation. Last year, the rior shall consult with and obtain the writ- about fairness and equity for families. Utah delegation proposed that 2.1 mil- ten comments of the Governor of the State Furthermore, it is about correcting la- lion acres of land on and around the in which the area is located. The Governor tent defects in the estate tax rules that Grand Staircase/Escalante Canyons shall have 90 days to respond to the con- make tax lawyers rich, but also make area be declared wilderness, under the sultation concerning the area’s proposed families crazy. monument status. The proposed proclama- language of the Wilderness Act of 1964. Reform in this legislation comes in tion shall be submitted to Congress 90 days three major parts. First, we increase The wilderness designation is far more after receipt of the Governor’s written com- stringent than the administration’s ments or 180 days from the date of the con- the broad based estate tax exemption monument designation and prevents sultation if no comments were received.’’. from $600,000 to $1,000,000 over a period the construction of the roads and visi- of six years. Second, we grant family tors centers envisioned under the By Mr. GRASSLEY (for himself, owned businesses relief similar to what monument designation. The Utah pro- Mr. MURKOWSKI, Mr. was introduced by former Senators posal of the 104th Congress included TORRICELLI, Ms. LANDRIEU, Mr. Dole and Pryor. For businesses passed more area than BLM had officially rec- CRAIG, Mr. KERREY, Mr. HAGEL, down among the family, this bill pro- ommended to Congress following its 13- Mr. BAUCUS, Mr. LOTT, Mr. vides a complete exemption for the year inventory of the lands in South- BREAUX, Mr. NICKLES and Mr. first $1,500,000 of family business as- ern Utah. This is yet another compel- HUTCHINSON): sets. It also provides an additional 50 ling reason why it is vital for local and S. 479. A bill to amend the Internal percent exemption on the next State officials to be consulted prior to Revenue Code of 1986 to provide estate $8,500,000. Thus, there is a $10,000,000 national monument declarations. tax relief, and for other purposes; to cap on our family-owned business re- Mr. President, the Antiquities Act is the Committee on Finance. lief. This provision is therefore a antiquated. It needs to be updated. It THE ESTATE TAX RELIEF FOR THE AMERICAN smaller provision than the original can be amended in a manner consistent FAMILY ACT Dole/Pryor legislation. with today’s pressing land policy con- Mr. GRASSLEY. Mr. President, I rise Finally there is a section that I call cerns without destroying the original today to introduce a bipartisan effort repair and maintenance. Here we im- intent behind the act. That is what we to relieve the estate tax burden on the prove some popular existing provisions. have proposed in this legislation and American family. I want to thank the For example, housekeeping and im- why I urge passage of the National other original cosponsors and particu- provement is done to special use valu- Monument Fairness Act of 1997. This larly the Majority Leader. Estate tax ation. The Government financed estate bill will preserve the President’s abil- relief is on the respective top ten legis- tax deferral provision is improved. A ity to act to protect lands of historic lative objective lists of both parties. It generation skipping tax equity prob- and scientific significance that are is my honor to lead the effort for my lem is fixed that has already been threatened with development. How- party. I think that estate tax reform passed twice but vetoed for unrelated ever, the act will promote greater envi- will happen in this Congress. There- reasons. Finally, an IRS gift tax audit ronmental stewardship by forcing the fore, I encourage my colleagues to as- statute of limitations problem for fam- executive branch to consider the views sociate themselves with our bipartisan ilies is fixed.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2566 CONGRESSIONAL RECORD — SENATE March 19, 1997 Because it is especially complicated, As I listen to farmers, ranchers and some people believed it was the Gov- I want to discuss the generation skip- small business owners, one topic comes ernment’s job to determine who should ping transfer tax problem that is ad- up every time, and that is the estate be allowed to keep what they earn. dressed in the repair and maintenance and gift tax. I hear about the burden it They believed it was the Federal Gov- section of this bill. For reference pur- puts on agricultural producers and ernment’s job to confiscate the hard- poses, this legislation was known as small businesses, and about how dif- earned dollars of working Americans bill number S. 1170 in the 104th Con- ficult this tax makes it to hand down when they died. gress. It too was passed on the Bal- an operation to your sons and daugh- The estate tax is a monster that anced Budget Act of 1995 which was ters. must be exterminated. If it were up to subsequently vetoed. To avoid this tax, an operation today me, we would simply repeal the estate The GST tax is an extra tax that has to be under $600,000 in value. That tax in its entirety. Unfortunately, our families pay when a grandparent amount hasn’t budged since 1987. Our budget process does not allow us to makes a gift to a grandchild. The pro- State, one the other hand, has changed completely repeal this tax all at once. vision in our bill has the support of a lot in that time. In 1988, the average We must do it in stages. over 200 charities in the Nation includ- Montana farm was worth $579,735. In Therefore, the bill we are introducing ing the public universities in my State 1995, that amount was up to $867,769. If today will increase the amount of of Iowa. It has passed twice in the last we had figures for today, I am con- every estate that will be exempt from 10 years, but was not enacted because fident this amount would be even high- estate tax. When fully phased in, up to the greater legislation was vetoed for er. $1 million will be automatically ex- unrelated reasons. So if you’re an average fellow, you cluded from every estate before imposi- Our provision expands the current often have three choices when your tion of the estate tax. law predeceased parent exception. This farm goes on to the next generation. The bill also creates a new category is an exception to the GST tax where a You can subdivide the land and thus of excludable assets for family-owned grandparent gifts to a grandchild but decrease production. You can sell off businesses that are passed on to suc- the grandchild’s parent has already part of the farm to pay the taxes. Or, ceeding generations. No longer will died. The grandchild steps up into the you can sell the whole thing and get small business owners be forced to sell place of the parent. In our bill, this ex- out of farming altogether. None of part or all of their business assets ception is broadened to include gifts these options are good for the family, merely to feed the voracious tax appe- not only to grandchildren with pre- nor are they necessarily good for the tite of the Federal Government. Our deceased parents but also grandnieces community. Unbridled development bill allows an exclusion of $1.5 million and grandnephews. The expansion to brings with it its share of problems, of the assets of a family-owned busi- include these gifts that are affected by and changes the nature of Montana ness from the estate tax, and 50 percent trusts is necessary to promote chari- life—not always for the better. Our of the next $8.5 million. For many table giving and also protect families. farms, ranches and other small busi- small businesses this will make the dif- The White House supported this provi- nesses are a part of our heritage and ference between staying viable and sion during the debate of the Balanced valuable contributors to our economy closing their doors. It will preserve Budget Act of 1995, given the prospec- and the Montana way of life. It is sim- jobs, give many communities around tive effective date as in our bill. Humility requires me to admit that ply not right to destroy them with on- the country stability and certainty, each of these provisions passed as part erous estate taxes. and encourage entrepreneurship. It is The Estate Tax Relief for the Amer- of the vetoed Balanced Budget Act of the right thing to do for our farmers, 1995. In some places we have made ican Family Act of 1997 is the first step for our ranchers, for every American technical improvements suggested by toward bringing the estate tax up to who owns a small business that he or the tax experts, but by and large there date and making it more fair. Our bill she wishes to keep in the family. is little original thought here. If you raises the unified credit to cover es- These businesses are, after all, the have good legislation you don’t need to tates up to $1 million, which is roughly engines of prosperity in communities improve upon it. where the cap would be if the credit across America, and we must help Some will ask about how this estate had kept pace with inflation all these them to remain so. tax bill fits into the debate over a bal- years. We give folks a bit longer to pay This bill is the first step. The tax on anced budget. The answer is that the off the bill when they do have a tax death should be zero, and that is what balanced budget is still a No. 1 priority due, by lengthening the deferral from we will continue to work for. and this bill will need to fit in a bal- 10 years to 20. We provide additional I want to thank Senator GRASSLEY anced budget. Since the White House exemptions for family-owned small for his leadership on this bill, and Sen- has supported provisions in the Presi- businesses, by allowing them to ex- ator BAUCUS and Senator BREAUX as dent’s budget similar to these provi- clude completely the first $1.5 million well for joining in this bipartisan effort sions, we should expect the White in value of their estates, and one-half to reduce the crushing tax load on all House to offer assistance to us in re- of the next $8.5 million. We also make Americans. solving the estate tax problem. If the a few other common-sense changes to Mr. BREAUX. Mr. President, today I era of big government is over, then the make it easier to keep these business join with several of my colleagues to White House should step up to the operations in the family. introduce the Estate Tax Relief for the plate and aid us in eliminating estate That’s good news for farmers, ranch- American Family Act of 1997. tax theft upon surviving families. ers and small business owners. It’s Tax policy should meet two criteria. Mr. BAUCUS. Mr. President, I am good for the communities they live in. It should provide an effective and effi- very pleased to join with Senator And more than anything else, it’s the cient way to collect taxes for the oper- GRASSLEY and my other colleagues in right thing to do. So I’m very proud to ation of our Government and it should introducing the Estate Tax Relief for be a part of this effort today, and I encourage positive economic and social the American Family Act of 1997 today. look forward to working with my other policies. This tax does neither. After This bill is designed to provide farmers, colleagues, and with the administra- looking at the current system, I have ranchers, and others who own family tion, to get this relief enacted into law concluded that Federal estate and gift businesses and much needed relief from this year. taxes are not worth the cost to our the estate tax. Mr. LOTT. Mr. President, I am de- economy, to businesses and to Amer- Montana is a small-town, rural lighted to take part in introducing the ican families. State, Mr. President. People run farms, first bipartisan family tax relief bill of In 1995, the estate tax generated $14.8 ranches, and work in small businesses. the 105th Congress—the Estate Tax Re- billion in revenue, only 1.09 percent of One of the wonderful things about life lief for the American Family Act. total Federal revenues. Conversely, the in rural Montana is the way these oper- Today, the Government can con- cost of collecting and enforcing the es- ations stay in the family. It holds com- fiscate up to 55 percent of an estate in tate tax to the Government and tax- munities together, and creates a last- tax when a person dies. This tax is a payers was 65 cents of every dollar col- ing bond between generations. grotesque relic of an earlier era when lected.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2567 The effects of the estate tax are felt States of 2.9 percent, which is lower For families with their own small most by family-owned businesses. More than that of any other industrialized business, the bill would provide a new than 70 percent of family-owned busi- country, we should be encouraging in- small business exemption of $1.5 mil- nesses do not survive the second gen- dividuals, families, and businesses to lion of business-related assets above eration and 87 percent do not survive save and invest. the first $1 million in an estate as well the third generation. Many families are Since 1987, a unified tax credit for as 50 percent of the next $8.5 million of forced to liquefy their businesses in gifts and estate transfers has effec- such assets. This proposal would pro- order to pay the estate tax. tively exempted $600,000 worth of assets vide new safeguards for family business There is a definite need to remedy from estate taxes. This basic exemp- solvency that is not currently provided these problem and this bill takes steps tion has increased modestly over the under current law. in the right direction. The legislation years, from $60,000 in the 1940’s, 1950’s These changes are desperately needed would increase the estate tax exemp- and 1960’s to $225,000 in 1982. Unfortu- as our current estate tax policy has not tion from $600,000 to $1 million, and nately, the current estate exemption of been upgraded in a decade. Even worst, allow estate tax-free transfers of cer- $600,000 has been greatly eroded by in- the current policy has proven to be a tain qualified small business assets. flation. economic failure. Estate and gift taxes I hope that any tax bill we put forth The legislation I am introducing are one of the smallest sources of rev- this year will include estate tax relief today with the Senate majority leader, enue, collecting only $10 to $15 billion based on the principles we have put Senator GRASSLEY, Senator BREAUX, per year, mostly because Americans forth in this bill. Senator BAUCUS, and others addresses have found legal means of avoiding the Mr. NICKLES. Mr. President, I have the problems associated with the es- tax. Indeed, Prof. Douglas Bernheim of always believed that economic freedom tate tax in a thoughtful, bipartisan Stanford University has theorized that is a critical part of life, liberty, and the manner. It is not the perfect solution more income tax revenue may be lost pursuit of happiness. Unfortunately, to these problems, Mr. President, but it through clever estate planning than is the Internal Revenue Code does not al- is a good first step. I believe that ulti- actually collected through the estate ways promote or encourage economic mately we must radically restructure tax. freedom, and one area where this is the estate tax by reducing marginal Even worse, the current policy en- strikingly clear is the confiscatory, rates, which now exceed 55 percent for courages Americans to spend capital on anti-family, anti-growth estate tax. estates larger than $3 million, and I be- consumption items rather than save Most Americans work diligently lieve we must strive to treat all types because saving their money would in- throughout their lives to provide for of family businesses equally. However, crease the value of their estate and, ul- their families and give their children I recognize the budget constraints Con- timately, their estate tax liability. In- and grandchildren a better future. This gress is working under, and I believe it deed, it has been estimated that the work often results in the accumulation is important to move forward in a bi- tax cost of a dollar saved increases by of assets like homes, businesses, and partisan manner. an amount somewhere between 7.4 farms; all acquired with hard work and The legislation we are introducing cents and 55 cents because of current bought with after-tax dollars. Unfortu- today increases the estate tax exemp- estate tax law. nately, those without high-paid law- tion from $600,000 to $1,000,000, thus al- yers and accountants realize too late lowing more homeowners, farmers, and And for small business, the current that up to 55 percent of those assets small businesses to keep their hard- policy is devastating. The family- could be confiscated by the Federal earned wealth. Further, our bill would owned pizza parlor, dry cleaning store, Government upon their death. provide special relief for closely-held grocery and family farm are failing to Some people mistakenly believe es- family businesses. We would allow es- provide the kind of generational eco- tate taxes only affect the rich, but tate-tax free transfers of up to $1.5 mil- nomic continuity that national policy there are thousands of small businesses lion in small business assets to quali- should be encouraging. Indeed, more and farms throughout the country fied family members, and a 50 percent than 70 percent of family businesses owned and operated by middle-income exclusion for up to $8.5 million in as- don’t survive the second generation Americans that are affected by existing sets above that threshold, as long as and almost 90 percent don’t survive to estate tax laws. These small businesses the heirs continue to operate the busi- a third generation. Most of these fail- may appear to be economically signifi- ness. ures occur because current estate tax cant on paper, but often they have lit- The legislation we are introducing policy drains a family’s financial abil- tle liquid assets to cover estate tax li- today makes simple pro-family, pro- ity to keep a business afloat as it abilities. Historically, these businesses business, and pro-economy changes to passes from one generation to the next. have created most of the new jobs in our tax code. It will allow more home- The existing estate tax policy creates this country and fueled the growth of owners, farmers, and small businesses economic inefficiencies and places its the economy. to keep their hard-earned wealth. I en- heaviest burdens on the middle class. The unfortunate result of high estate courage my colleagues to join us as co- The rates of estate taxes are excessive, taxes is that families are frequently sponsors of this bill. unfair, punitive, and contrary to the forced to sell off part of the family Mr. TORRICELLI. Mr. President, I interests of both business owners and business to pay the taxes incurred by am proud to include my name as an their employees. Indeed, these taxes the deceased family member’s estate. original cosponsor of the Estate Tax destroy the work of a lifetime and the This liquidation of productive assets to Relief for the American Family Act of dreams of a generation of Americans. finance tax liabilities is anti-family 1997, which was introduced today. This The time to make genuine and sensible and anti-business. At the very least, is a critical tax reform bill that will changes is now. families and businesses are forced to modernize our antiquated estate tax Enactment of the Estate Tax Relief employ an army of expensive experts to policy, provide significantly improved for the American Family Act of 1997 is avoid the worst estate taxes, a make- economic security for family busi- an essential part of any plan to balance work exercise that exacerbates the in- nesses, promote efficient and pro- the budget by 2002. It would likely pro- efficiency of the system. growth economic policy and ensure vide a net increase in revenues while at Mr. President, I believe it is patently sound financial practices for millions the same time restore tax fairness for unfair for the Federal Government to of American working families. millions of Americans. I am proud to assume that it has the right to take an This legislation gradually increases be an original cosponsor of this legisla- individual’s hard-earned assets and re- over 6 years the estate and gift tax ex- tion and will be a tireless advocate for distribute them to others. If our goal emption from the current limit of its enactment into law. as a society and a government is to en- $600,000 to $1 million. The graduated courage long-term, private savings and time schedule would increase the ex- By Mr. WELLSTONE: investment we cannot continue the emption by $100,000 in each of the first S. 480. A bill to repeal the restric- policy of confiscating estates. With an 2 years following enactment and $50,000 tions on welfare and public benefits for average savings rate in the United in each of the next 4 years. aliens; to the Committee on Finance.

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2568 CONGRESSIONAL RECORD — SENATE March 19, 1997 THE FAIRNESS TO IMMIGRANTS ACT ing for children in our Nation. Though is a violation of the spirit, arguably, ∑ Mr. WELLSTONE. Mr. President, on she paid taxes and followed all the the letter, of U.S. immigration law.’’ I April 1, the Nation will begin to see the rules of the United States, she will lose beg to differ. This country was based disastrous effects of the Personal Re- her SSI benefits in July. She does have on the dignity of the human spirit, sponsibility and Work Act of 1996, the option of struggling through forms fairness and equity. The spirit of this passed and signed into law in the 104th and tests to become a citizen. Sounds country is to give voice to the voice- Congress. When Congress debated the like a good option until you realize: less, to care for the elderly and to nur- bill, strong arguments were made for Gladys is 105 years old, blind and ture the children. getting people off welfare and back to housebound. Gladys spent a good share When we talk about reform, we work. I supported those intents. How- of her times caring for and nurturing should focus on change for the better, ever, I believed then as I do now that our children. She now needs the same. improvements to the system, revisions the bill we were debating went beyond Lucrecia has lived here for 17 years. on our mistakes. When we talk of re- what is humanly justifiable in terms of For 8 of them, she labored in a factory, form, we should not be discussing more repealing basic assistance to people assembling artificial Christmas trees. people in hunger, more people who are who are in need. This bill was not At 75, facing the loss of her sole means homeless, more people in poverty. That about able bodied people working. It of support, Lucrecia is desperate. is what this ‘‘reform’’ has led to. was about good people suffering. Under Rose, a 92-year-old, came from Leb- People who supported the welfare re- the guise of able bodied people work- anon 76 years ago. She has lived in a form bill said they ‘‘responded to the ing, we are forcing disabled and elderly nursing home for the past 30 years. She wishes of the American people and put people into hunger, into homelessness. has dementia. In December, she re- an end to the widespread use and abuse Beginning around April 1, roughly ceived a letter from the Government. of our welfare system.’’ I am asking 500,000 legal immigrants will lose their The letter said, in essence, Rose had you now to respond to the voice of the SSI benefits and about 1 million will been shirking her responsibilities and American people. A recent nationwide lose food stamps. By the year 2002, ap- she will no longer receive her benefits L.A. Times poll found that 56 percent proximately, 260,000 elderly immi- that support her stay in a nursing of the American people favor restoring grants and 140,000 children will lose home. She can’t speak for herself. I cuts to legal immigrants. Not too long Medicaid coverage. think we should speak for her. We ago, several Republican Governors The bill I am introducing today re- should send the message that this is were here. They are already antici- stores those benefits to elderly and dis- unacceptable. We must not let this pating the effects of this legislation. abled immigrants by repealing provi- happen to Rose. The American people do not want peo- sions of the Personal Responsibility During my many visits with commu- ple like Gladys and Lucrecia left hun- Act of 1996. nities in Minnesota and while talking When the American people supported gry and homeless. They want respon- with folks here, I have never seen more welfare reform, they supported that sible, ethical government. fear in the faces of so many people, so able bodied people would work. I want Responsible, ethical government many good people, people who came to that. You want that. However, I do not costs money. I know that. I propose this country and followed the rules. I think that the American people in- that instead of taking food from our hear stories every day of people so full tended the ensuing consequences. Nation’s elderly and children, we tax These consequences are people like of fear that they take their own lives. oil companies, we tax tobacco compa- Yanira, who, with her husband came to The Personal Responsibility and nies, we tax pharmaceutical compa- the United States legally 20 years ago Work Opportunity and Reconciliation nies. Why should wealthy corporations from her native El Salvador. For 20 Act has abjured the contributions the flourish and benefit from our policies years they raised three children. For 20 legal immigrants like Yanira have while hardworking, law abiding people years, they paid income taxes. For 20 made to our economic livelihood. I ask, go hungry? This is not reform. This is years, they paid sales taxes. For 20 How will their contributions be re- a sham. Furthermore, it is shameful. years they paid State taxes. For 20 warded? Taxation without benefits is People like Gladys and Lucrecia years, they paid their car registration. morally wrong. don’t have high-paid lobbyists. Privi- For 20 years, they abided by the laws Last year, we discussed and debated leged industries avoid paying their fair and rules here. the merits and failings of the welfare share of taxes because of the efforts of Then Yanira’s husband divorced her. reform law. As you know, I voted lobbyists. I propose that we take away So, Yanira got a job. For about 8 years against it. I did not vote against it be- the privileges of the wealthy and pro- she cleaned toilets, washed floors and cause I am against people working, vide necessities for the poor. laundered towels in a hotel near her people contributing to our country. I Today, I am imploring you to look home. Eventually, the work became did not vote against it because I am beyond politics and look beyond polls too demanding physically and she quit. against paychecks replacing welfare and see the faces and hear the stories At 64, Yanira has received SSI for a few checks. I voted against it because I am that this reform will portend. This is years. Soon, she will not. against pushing the unemployable into no longer a political issue. This is an Since her husband is no longer mar- poverty. I am talking about benefits issue concerning humanity. To dis- ried to her, she is not entitled to count for the disabled and elderly immi- regard this population, to turn our her husband’s work history toward the grants in our country. On April 1, we backs on those who are so vulnerable is required 40 quarters—10 years. In spite will see the first trickle in the torrent disgraceful and dishonorable. Tonight, of the fact that we willingly took her of suffering that this bill will inflict on you know where you are sleeping. To- taxes and other fiscal contributions, we our Nation’s most vulnerable. night, you know what you will eat. are denying her the basics for human Around this time last year, we heard Soon, Gladys and Lucrecia will not be survival, human dignity. How will testimony from Robert Rector of the able to say the same. Yanira survive? She doesn’t know. Nei- Heritage Foundation that ‘‘welfare is Mr. President, I ask unanimous con- ther do I. becoming a way of life for elderly im- sent that the text of the bill be printed Yanira’s situation is not isolated. migrants.’’ A picture was painted de- in the RECORD. There are Yaniras living in Minnesota, picting newly arrived immigrants There being no objection, the bill was in Ohio, in New York and Mississippi. being picked up by a sponsor at the air- ordered to be printed in the RECORD, as They are here legally but will not re- port and driven in a Cadillac directly follows: ceive SSI until they become U.S. citi- to the welfare office to sign up for ben- S. 480 efits such as SSI and food stamps. zens. Many of them are elderly and Be it enacted by the Senate and House of Rep- cannot work and considering their age, While I will not argue with you that resentatives of the United States of America in learn all that is necessary to become there has been some abuse, I think this Congress assembled, citizens. They will be denied benefits assertion is absurd. SECTION 1. REPEAL. for the rest of their lives. Last year, Robert Rector also testi- (a) IN GENERAL.—Title IV of the Personal Gladys has lived in the United States fied that ‘‘the presence of large num- Responsibility and Work Opportunity Rec- for 40 years, working as a nanny—car- bers of elderly immigrants on welfare onciliation Act of 1996 (Public Law 104–193;

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2569 110 Stat. 2260–2277), as amended by title V of 219, a bill to amend the Trade Act of sponsor of S. 440, a bill to deauthorize the Illegal Immigration Reform and Immi- 1974 to establish procedures for identi- the Animas-La Plata Federal reclama- grant Responsibility Act of 1996 (Public Law fying countries that deny market ac- tion project and to direct the Secretary 104–208; 110 Stat. 3009–1772–3009–1803), is re- cess for value-added agricultural prod- of the Interior to enter into negotia- pealed. (b) NOTICE AND REDETERMINATION.—Not ucts of the United States. tions to satisfy, in a manner consistent later than 30 days after the date of enact- S. 239 with all Federal laws, the water rights ment of this Act, any Federal or State offi- At the request of Mr. DASCHLE, the interests of the Ute Mountain Ute In- cial responsible for the administration of a name of the Senator from Mississippi dian Tribe and the Southern Ute Indian Federally funded program that provides ben- [Mr. COCHRAN] was added as a cospon- Tribe. efits or assistance to an individual who, as of sor of S. 239, a bill to amend the Inter- S. 447 such date, has been determined to be ineli- At the request of Mr. NICKLES, the gible for such program as a result of the pro- nal Revenue Code of 1986 relating to visions of title IV of the Personal Responsi- the treatment of livestock sold on ac- name of the Senator from Michigan bility and Work Opportunity Reconciliation count of weather-related conditions. [Mr. ABRAHAM] was added as a cospon- Act of 1996 (Public Law 104–193; 110 Stat. S. 295 sor of S. 447, a bill to amend title 18, 2260–2277) (as so amended), shall— At the request of Mr. JEFFORDS, the United States Code, to give further as- (1) notify the individual that the individ- names of the Senator from Colorado surance to the right of victims of crime ual’s eligibility for such program shall be re- to attend and observe the trials of determined; and [Mr. ALLARD], the Senator from South Carolina [Mr. HOLLINGS], and the Sen- those accused of the crime, and for (2) shall conduct such redetermination in a other purposes. timely manner.∑ ator from Arizona [Mr. MCCAIN] were At the request of Mr. HAGEL, his f added as cosponsors of S. 295, a bill to amend the National Labor Relations name was added as a cosponsor of S. ADDITIONAL COSPONSORS Act to allow labor management cooper- 447, supra. S. 28 ative efforts that improve economic S. 456 At the request of Mr. THURMOND, the competitiveness in the United States At the request of Ms. MOSELEY- name of the Senator from Wyoming to continue to thrive, and for other BRAUN, the name of the Senator from [Mr. ENZI] was added as a cosponsor of purposes. New York [Mr. MOYNIHAN] was added as S. 28, a bill to amend title 17, United S. 306 a cosponsor of S. 456, a bill to establish a partnership to rebuild and modernize States Code, with respect to certain ex- At the request of Mr. FORD, the name emptions from copyright, and for other of the Senator from Nebraska [Mr. America’s school facilities. purposes. HAGEL] was added as a cosponsor of S. SENATE JOINT RESOLUTION 19 S. 66 306, a bill to amend the Internal Rev- At the request of Mr. HELMS, the names of the Senator from Arkansas At the request of Mr. HATCH, the enue Code of 1986 to provide a decrease names of the Senator from Nebraska in the maximum rate of tax on capital [Mr. HUTCHINSON] and the Senator from New York [Mr. D’AMATO] were added as [Mr. HAGEL], and the Senator from gains which is based on the length of cosponsors of Senate Joint Resolution North Carolina [Mr. FAIRCLOTH] were time the taxpayer held the capital added as cosponsors of S. 66, a bill to asset. 19, a joint resolution to disapprove the certification of the President under amend the Internal Revenue Code of S. 314 section 490(b] of the Foreign Assistance 1986 to encourage capital formation At the request of Mr. THOMAS, the Act of 1961 regarding foreign assistance through reductions in taxes on capital name of the Senator from North Caro- for Mexico during fiscal year 1997. gains, and for other purposes. lina [Mr. FAIRCLOTH] was added as a co- SENATE JOINT RESOLUTION 20 S. 72 sponsor of S. 314, a bill to require that At the request of Mr. HELMS, the At the request of Mr. KYL, the name the Federal Government procure from names of the Senator from Arkansas of the Senator from Nebraska [Mr. the private sector the goods and serv- [Mr. HUTCHINSON] and the Senator from HAGEL] was added as a cosponsor of S. ices necessary for the operations and New York [Mr. D’AMATO] were added as 72, a bill to amend the Internal Rev- management of certain Government cosponsors of Senate Joint Resolution enue Code of 1986 to provide a reduc- agencies, and for other purposes. 20, a joint resolution to disapprove the tion in the capital gain rates for all S. 388 certification of the President under taxpayers, and for other purposes. At the request of Mr. LUGAR, the section 490(b] of the Foreign Assistance S. 75 name of the Senator from Iowa [Mr. Act of 1961 regarding foreign assistance At the request of Mr. KYL, the names HARKIN] was added as a cosponsor of S. for Mexico during fiscal year 1997. 388, a bill to amend the Food Stamp of the Senator from Missouri [Mr. SENATE JOINT RESOLUTION 21 ASHCROFT], the Senator from Idaho Act of 1977 to assist States in imple- At the request of Mr. COVERDELL, the menting a program to prevent pris- [Mr. CRAIG], the Senator from Ohio name of the Senator from Colorado [Mr. DEWINE], the Senator from Wyo- oners from receiving food stamps. [Mr. ALLARD] was added as a cosponsor ming [Mr. ENZI], the Senator from S. 400 of Senate Joint Resolution 21, a joint Utah [Mr. HATCH], the Senator from At the request of Mr. GRASSLEY, the resolution to disaprove the certifi- Oregon [Mr. SMITH], and the Senator names of the Senator from Michigan cation of the President under section from Wyoming [Mr. THOMAS] were [Mr. ABRAHAM] and the Senator from 490(b] of the Foreign Assistance Act of added as cosponsors of S. 75, a bill to Arkansas [Mr. HUTCHINSON] were added 1961 regarding assistance for Mexico repeal the Federal estate and gift taxes as cosponsors of S. 400, a bill to amend during fiscal year 1997, and to provide and the tax on generation-skipping rule 11 of the Federal Rules of Civil for the termination of the withholding transfers. Procedure, relating to representations of and opposition to assistance that re- S. 114 in court and sanctions for violating sults from the disapproval. At the request of Mr. INOUYE, the such rule, and for other purposes. At the request of Mr. HELMS, the name of the Senator from Idaho [Mr. S. 413 name of the Senator from New York CRAIG] was added as a cosponsor of S. At the request of Mrs. HUTCHISON, the [Mr. D’AMATO] was added as a cospon- 114, a bill to repeal the reduction in the name of the Senator from Arkansas sor of Senate Joint Resolution 21, deductible portion of expenses for busi- [Mr. HUTCHINSON] was added as a co- supra. ness meals and entertainment. sponsor of S. 413, a bill to amend the SENATE CONCURRENT RESOLUTION 11 S. 219 Food Stamp Act of 1977 to require At the request of Mr. GREGG, the At the request of Mr. DASCHLE, the States to verify that prisoners are not names of the Senator from Alaska [Mr. names of the Senator from South Da- receiving food stamps. STEVENS], the Senator from Nevada kota [Mr. JOHNSON], the Senator from S. 440 [Mr. REID], the Senator from North Da- North Dakota [Mr. CONRAD], and the At the request of Mr. FEINGOLD, the kota [Mr. DORGAN], and the Senator Senator from Illinois [Ms. MOSELEY- name of the Senator from New Hamp- from Nebraska [Mr. HAGEL] were added BRAUN] were added as cosponsors of S. shire [Mr. GREGG] was added as a co- as cosponsors of Senate Concurrent

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2570 CONGRESSIONAL RECORD — SENATE March 19, 1997 Resolution 11, a concurrent resolution tion was designed for a moral and reli- ing before court sessions and later recognizing the 25th anniversary of the gious people only. It is wholly inad- barred his display of the Ten Com- establishment of the first nutrition equate to any other.’’ mandments. The Supreme Court of program for the elderly under the Older But strangely today, there are those Alabama has since issued a stay of the Americans Act of 1965. who seem determined to drive all trace order barring display of the Ten Com- f of religion from the public sphere. mandments. They ignore the religious traditions on Judge Moore has refused to acknowl- SENATE CONCURRENT RESOLU- which this great Nation was founded edge the orders which stop him from TION 13—REGARDING A DISPLAY and work to drive religion and reli- praying and displaying the Ten Com- OF THE TEN COMMANDMENTS gious people out of public life. mandments. I support Judge Moore in Mr. SESSIONS (for himself and Mr. Many of my colleagues are aware his actions. I do not believe that his SHELBY) submitted the following con- Judge Roy Moore, circuit court judge convocation prayer or the presence of current resolution; which was referred in Gadsden, AL, has been ordered to the Ten Commandments in the court- to the Committee on Governmental Af- take down a two-plaque replica of the room violates the Constitution. fairs: Ten Commandments displayed in his As the Members of this body well S. CON. RES. 13 courtroom. know, a prayer, said from the floor of Whereas Judge Roy S. Moore, a lifelong The irrationality of the action is this Chamber, begins every day in resident of Etowah County, Alabama, grad- highlighted by the fact that the judge’s which the Senate is in session. This uate of the United States Military Academy display is consistent with other dis- practice is also followed in the House with distinguished service to his country in plays involving religious symbols and of Representatives. Furthermore, the Vietnam, and graduate of the University of art in our public property. In fact, a Marshal of the Supreme Court, in call- Alabama School of Law, has served his coun- door to the U.S. Supreme Court bears ing each session to order, implores try and his community with uncommon dis- two tablets numbered one to ten, which ‘‘God {to} save the United States and tinction; this honorable court.’’ It has also be- Whereas another circuit judge in Alabama, we interpret to represent the Ten Com- has ordered Judge Moore to remove a copy of mandments. And yet a judge in a small come a tradition for Presidents to con- the Ten Commandments posted in his court- Alabama town cannot hang a simple clude their State of the Union Address- room and the Alabama Supreme Court has display of the Ten Commandments on es with the simple prayer, ‘‘God Bless granted a stay to review the matter; the wall without being sued? America.’’ I believe these are just a few Whereas the Ten Commandments have had Mr. President, this resolution is not of the many instances where the Lord a significant impact on the development of just about Judge Moore and it is not is invoked during civil ceremonies and the fundamental legal principles of Western occasions. I believe that these exam- Civilization; and just about the display of the Ten Com- Whereas the Ten Commandments set forth mandments in Gadsden, AL. This reso- ples are entirely appropriate and in a code of moral conduct, observance of which lution provides a good opportunity to line with the provisions of the Con- is universally acknowledged to promote re- discuss this curious governmental hos- stitution. I feel that our history teach- spect for our system of laws and the good of tility towards the display of these es that the Founding Fathers were society: Now, therefore, be it plaques that are important to our law, against government making efforts to Resolved by the Senate (the House of Rep- our Nation, and our culture. promote specific religions at the ex- resentatives concurring), That it is the sense The Ten Commandments represent a pense of others. I do not think it was of Congress that— ever the view of the Founders that the (1) the Ten Commandments are a declara- key part of the foundation of western tion of fundamental principles that are the civilization of our legal system in government should adopt a position of cornerstones of a fair and just society; and America. To exclude a display of the Godless neutrality. It is constitutional, (2) the public display, including display in Ten Commandments because it sug- it is traditionally appropriate and it is government offices and courthouses, of the gests an establishment of religion is just simply right for our leaders to re- Ten Commandments should be permitted. not consistent with our national his- quest the assistance of God in their Mr. SESSIONS. Mr. President, I rise tory, let alone common sense itself. daily deliberations. to send a resolution to the desk on be- This Nation was founded on religious I believe that Judge Moore is also half of myself and my home state col- traditions that are an integral part of correct in refusing to remove the Ten league Senator SHELBY. the fabric of American cultural, polit- Commandments from his courtroom. Mr. President, this concurrent reso- ical, and societal life. The Judge’s display is consistent with lution we are introducing today ex- Mr. President, it is time for common other displays involving religious sym- presses the sense of the Congress that sense. No member of this body, on ei- bols and art in or on public property. the display of the Ten Commandments ther side of the aisle, should oppose the In fact, a door to the Supreme Court of in government offices and courthouses simple display of documents that are the United States bears two tablets should be permitted. This resolution is important to our law, to our Nation, numbered one to ten, which I interpret identical to House Concurrent Resolu- and to our culture. to represent the Ten Commandments. tion 31, sponsored by my good friend, Mr. SHELBY. Mr. President, I rise Moreover, there are friezes within the Representative ADERHOLT, which today to express support for Judge Roy Supreme Court which depict Moses, passed the House of Representatives on S. Moore. Judge Moore is a judge on King Solomon, Confucius, Mohammed, March 5, 295 to 125. the circuit court of the State of Ala- St. Louis and a figure called ‘‘Divine The Constitution guarantees freedom bama. Judge Moore is a lifelong resi- Inspiration.’’ I believe that these sym- of religion. This resolution does not en- dent of Etowah County, a graduate of bolic representations, just like Judge dorse any one religion but, rather, the United States Military Academy, a Moore’s, are appropriately placed with- states that a religious symbol which distinguished veteran of the Vietnam in our public spaces. Their very pres- has deep-rooted significance for our War, and a graduate of the University ence provides guidance and inspiration Nation and its history should not be of Alabama School of Law. Judge for our Nation’s leaders. excluded from public display. Moore has always and continues to f Mr. President, the Founders wisely serve his community, Alabama, and AMENDMENTS SUBMITTED realized that in a free society, it is im- this country with distinction and prin- perative that individuals practice for- ciple. bearance, respect, and temperance. It is because of his principles that DECENNIAL CENSUS CONCURRENT These are the very values taught by all Judge Moore has become an issue. Two RESOLUTION the world’s major religions. The years ago, Judge Moore was sued by Founders devised a Constitution that the Alabama chapter of the American depended on religion serving as a civil- Civil Liberties Union because he ABRAHAM AMENDMENT NO. 24 izing force in societal life. John Adams, opened his court with a prayer and be- (Ordered referred to the Committee our second President, and one of the in- cause he displayed the Ten Command- on Governmental Affairs.) tellectual forces behind the formation ments over his bench. A lower court Mr. ABRAHAM submitted an amend- of our Nation, said that ‘‘our Constitu- judge enjoined Judge Moore from pray- ment intended to be proposed by him

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2571 to the concurrent resolution (S. Con. The PRESIDING OFFICER. Without mittee on Armed Services be author- Res. 12) expressing the sense of the objection, it is so ordered. ized to meet at 2 p.m. on Wednesday, Congress with respect to the collection COMMITTEE ON THE JUDICIARY March 19, 1997, in open session, to re- on data on ancestry in the decennial The Senate Committee on the Judici- ceive testimony in review of the De- census; as follows: ary would request unanimous consent fense authorization request for fiscal In the preamble, in the fifth clause, insert to hold a hearing on Wednesday, March year 1998 and the future years defense ‘‘, but is not intended to be used for racial 19, 1997, at 2 p.m. in room 226 of the program. preference programs’’ before the colon. Senate Dirksen Building, on ‘‘What The PRESIDING OFFICER. Without Mr. ABRAHAM. Mr. President, I rise Works: The Efforts of Private Individ- objection, it is so ordered. today to offer my support as a co-spon- uals, Community Organizations, and SUBCOMMITTEE ON TRANSPORTATION AND sor to S. Con. Res 12. This resolution Religious Groups to Prevent Juvenile INFRASTRUCTURE expresses the sense of the Congress Crime.’’ Mr. NICKLES. Mr. President. I ask that the decennial census should col- The PRESIDING OFFICER. Without unanimous consent that the Sub- lect data on the ancestral backgrounds objection, it is so ordered. committee on Transportation and In- frastructure be granted permission to of all Americans. Ours is a nation of COMMITTEE ON LABOR AND HUMAN RESOURCES conduct a hearing Wednesday, March immigrants, of people with many dif- Mr. NICKLES. Mr. President, I ask 19, 9:30 a.m., hearing room (SD–406), on ferent ethnic origins and backgrounds. unanimous consent that the Com- the Intermodal Surface Transportation People came here from around the mittee on Labor and Human Resources Efficiency Act [ISTEA] and environ- world to become a part of a nation of be authorized to meet for a hearing on opportunity and freedom. They did not mental programs and statewide and Food and Drug Administration reform, metropolitan planning. come here to forget who they are and during the session of the Senate on The PRESIDING OFFICER. Without where they came from. Wednesday, March 19, 1997, at 9:30 a.m. objection, it is so ordered. The Census Bureau has collected in- The PRESIDING OFFICER. Without formation on ancestry and ethnic com- objection, it is so ordered. f position in the past two decennial cen- COMMITTEE ON VETERANS’ AFFAIRS ADDITIONAL STATEMENTS suses. Thus, it collects the only com- Mr. NICKLES. The Committee on plete information on the ethnic make- Veterans’ Affairs would like to request FAMILY HERITAGE up of the United States and provides unanimous consent to hold a joint PRESERVATION ACT OF 1997 very useful data pertaining to num- hearing with the House Committee on bers, household income, and edu- Veterans’ Affairs to receive the legisla- ∑ Mr. BURNS. Mr. President, as a co- cational status of Americans from nu- tive presentation of the Disabled Amer- sponsor of S. 75, the Family Heritage merous backgrounds. This data, in ican Veterans. The hearing will be held Preservation Act, I urge my colleagues turn, is used by a wide variety of peo- on March 19, 1997, at 9:30 a.m., in room to support the immediate passage of ple and organizations in both the pub- 345 of the Cannon House Office Build- this measure before more family busi- lic and the private sector—including ing. nesses and farms are lost. researchers, businesses, community or- The PRESIDING OFFICER. Without They say the only things that are ganizations, ethnic institutions, and objection, it is so ordered. certain in life are death and taxes. The Government has done a perverse job of policymakers. SUBCOMMITTEE ON ACQUISITION AND combining the two in the Federal es- It is important to note that the an- TECHNOLOGY tate and gift taxes and the tax on gen- cestry data does not relate in any way Mr. NICKLES. Mr. President, I ask eration-skipping transfers, known as to questions of race as defined by civil unanimous consent that the Sub- the death taxes. These are the taxes as- rights statutes, and therefore is not committee on Acquisition and Tech- sessed on assets passed from one gen- utilized for preference programs. To nology of the Committee on Armed eration to another, such as family busi- make this point crystal clear, I have Services be authorized to meet at 10 nesses, ranches, and farms. The tax offered an amendment to S. Con. Res. a.m. on Wednesday, March 19, 1997, in rate starts at 37 percent and quickly 12 stating that this data is not in- open session, to review the status of rises to a whopping 55 percent, often tended to be used for racial preference acquisition reform in the Department forcing the liquidation of assets just to programs. of Defense. When the Census Bureau approaches The PRESIDING OFFICER. Without pay the tax. S. 75, introduced by Senator KYL, Congress for approval of its rec- objection, it is so ordered. ommendations for the 2000 Census, I will repeal the death taxes. It is clear SUBCOMMITTEE ON COMMUNICATIONS that these taxes do more harm than and my colleagues who co-sponsored Mr. NICKLES. Mr. President, I ask this resolution hope that the ancestry good, raising only 1 percent of Federal unanimous consent that the Commu- revenues but consuming 8 percent of question will be included in the rec- nications Subcommittee of the Senate ommendations and contained on the annual savings. What’s more, enforce- Committee on Commerce, Science, and ment and compliance with these taxes long form the Census Bureau asks Transportation be authorized to meet Americans to fill out. takes up 65 cents for each dollar col- on March 19, 1997, at 9:30 a.m. on uni- lected. The effects of the taxes on the f versal service. economy are equally stark: Over an 8- The PRESIDING OFFICER. Without year period without the taxes, the AUTHORITY FOR COMMITTEES TO objection, it is so ordered. MEET gross domestic product would have SUBCOMMITTEE ON READINESS been $80 billion higher and 228,000 more COMMITTEE ON COMMERCE, SCIENCE, AND Mr. NICKLES. Mr. President, I ask jobs would have been created. TRANSPORTATION unanimous consent that the Sub- These death taxes punish hard work Mr. NICKLES. Mr. President, I ask committee on Readiness of the Com- and wealth accumulation and drive unanimous consent that the Senate mittee on Armed Services be author- many family businesses into the Committee on Commerce, Science, and ized to meet on Wednesday, March 19, ground by forcing them to sell assets Transportation be authorized to meet 1997, at 2 p.m. in open session, to re- to pay the tax. Family farms are hit on March 19, 1997, at 2 p.m. on PRO- ceive testimony on the President’s especially hard—over 90 percent of CODE (S. 377). budget request for the operation and farms and ranches are sole proprietor- The PRESIDING OFFICER. Without maintenance, spare parts, and ammuni- ships or family partnerships, sub- objection, it is so ordered. tion accounts for fiscal year 1998. jecting most to the taxes when owner- COMMITTEE ON FINANCE The PRESIDING OFFICER. Without ship is transferred. Mr. NICKLES. Mr. President, the Fi- objection, it is so ordered. I want to note that S. 75 is endorsed nance Committee requests unanimous SUBCOMMITTEE ON SEAPOWER by a broad range of small business consent to conduct a hearing on Mr. NICKLES. Mr. President, I ask groups as well as the American Farm Wednesday, March 19, 1997, beginning unanimous consent that the Sub- Bureau Federation. I thank Senator at 10 a.m. in room 215 Dirksen. committee on Seapower of the Com- KYL for his leadership on this issue.∑

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2572 CONGRESSIONAL RECORD — SENATE March 19, 1997 JUDGE FRED J. BORCHARD ster, recognized that the ideals of the taxpayer, but as a caring, involved ∑ Mr. LEVIN. Mr. President, I rise American Revolution—individual lib- resident. He has shown that he accepts today to pay tribute to one of the iron erty, representative democracy, and all the responsibilities of a citizen, and men of our judicial system, Judge Fred personal dignity—were also the founda- I am proud that he will now have the J. Borchard, who has served the State tion for Greece’s declaration of inde- rights of a citizen as well. of Michigan for over 50 years. Judge pendence. Americans in the 1820’s On behalf of the Senate, I would like Borchard’s tenure marks the longest quickly identified with the struggle of to welcome Arturo Hale as a citizen of ∑ term of service of any Michigan judge the Greek patriots because they knew the United States. in history. in their hearts that it was a continu- f ation of their own struggle for political Judge Borchard put himself through HOME-BASED BUSINESS FAIRNESS and religious freedom. The same spirit the University of Michigan and its law ACT OF 1997 of democracy that was born and flour- school by working various full time ∑ jobs. His law practice was postponed ished in Greece a thousand years ago, Mr. BURNS. Mr. President, as an while he served his country as a for- and which fanned the flames of the original cosponsor of the Home-Based ward gun observer in the Pacific the- American revolution, inspired the Business Fairness Act of 1997, intro- ater during World War II. In 1947, he Greek patriots to persevere in their duced yesterday by Senate Small Busi- was elected municipal judge and in struggle against their Turkish oppres- ness Committee Chairman BOND, I rise 1954, he was elected Probate Judge. sors. in strong support of this measure and In 1958, Gov. G. Mennen Williams ap- The United States and Greece are urge the Senate to approve it as soon pointed Judge Borchard to the Saginaw now old friends and trusted allies. Our as possible. circuit bench, where he served until his two nations and people are bound by This legislation is composed of three retirement in 1989. Since then, he has unbreakable bonds which link us vitally important provisions, and to- continued to serve Michigan by filling through common interests, values, and gether they make this measure one of in for judges away on vacations and political heritage. It is clear that our the most important the Senate will conferences. cherished ideals of democracy and free- consider during this Congress. First, Judge Borchard’s love of law has dom are as strong as ever and continue this legislation will increase the health kept him fully engaged during his long to inspire other countries to follow our insurance deduction for self-employed service on the bench. His court was example. One need look no further than individuals to 100 percent from the cur- known for its courteous and efficient to the fledgling democracies of Eastern rent 40 percent. Second, it will restore atmosphere where citizens could settle Europe and the New Independent the home-office tax deduction where a their disputes. He wholeheartedly be- States of the former Soviet Union to taxpayer performs essential business lieves in the ability of our legal system see the huge impact these ideals are functions in a home office used exclu- to make a positive difference in our still having on our world as we enter sively for business purposes. Finally, it lives. It is these traits that have made the 21st century. will clarify when a worker is an em- Judge Borchard a favorite among his Independence, of course, must be ployee versus an independent con- colleagues, constituents and contem- guarded vigilantly, and in the past 176 tractor, removing the uncertainty of poraries. Judge Borchard has been a years Greece’s independence has been the IRS’s current test which can hit leader in his community as well. He challenged by forces both external and small businesses retroactively with li- has served in the University of Michi- internal. Therefore, even as we recog- ability for back taxes, interest, and gan Club, Germania of Saginaw, and nize and celebrate Greece’s long inde- penalties. These measures are espe- the Kiwanis Club of Saginaw. He has pendence today, we must also be mind- cially important in Montana, where 98 served on the Board of Directors of ful of the threats which Greece faces in percent of our businesses are small both St. Luke’s Hospital and the Sagi- today’s world. The ongoing dispute businesses, accounting for 72.7 percent naw County Chamber of Commerce. He with Turkey over the islet of Imia and of all employment in our State. This 72 has also shown his commitment to the Albanian Government’s recent percent is considerably higher than the serving others through the work he has military action near the Greek border 53 percent for the United States as a done with his church. serve as troubling reminders of whole. And we’re growing: Montana Judge Borchard was married to the Greece’s vulnerability and the insta- leads the Nation in new business late Helen Fay Honeywell for almost 50 bility of the Balkan region. incorporations. So when we talk about years, and they had four children Fred, On this, the 176th anniversary of small business issues such as the home- Barb, Jim, and Sara. They have carried Greek independence, let us extend our office tax deduction, the health insur- on Judge Borchard’s ideals of service to warmest congratulations to the people ance deduction for the self-employed, the public in their own lives. Judge of Greece. And let us also rededicate the independent contractor classifica- Borchard has been married to Dorothy America’s commitment to Greece and tion, and other issues, these are the Denton for the past 5 years. to strengthening the solidarity that ex- issues affecting Montana businesses. I know my Senate colleagues will ists between our two great nations.∑ Many of today’s workers spend part join me in honoring Judge Fred J. f of their time working at home, often Borchard for his 50 historic years of performing administrative duties such ARTURO HALE service to the State of Michigan’s judi- as billing. These workers either have cial system.∑ ∑ Mr. LEAHY. Mr. President, one of no permanent office or perform their my duties as ranking member of the main duties in an unconventional envi- f Senate Judiciary Committee is over- ronment, such as an operating room. GREEK INDEPENDENCE DAY sight of Immigration and Naturaliza- For them, the work performed in a ∑ Ms. SNOWE. Mr. President, March 25, tion policy. It is a role to which I give home office is an essential part of their 1997, marks a special day for the Greek the highest importance. My own grand- job, even though it may not be the people and for all the friends of Greece parents came to the United States main part of their job. Back in 1993, the around the world. It is the 176th anni- from Italy and Ireland for a better life. Supreme Court in Commissioner versus versary of the day in 1821 when the peo- I am pleased that on April 9 we will Soliman created a restrictive test for ple of Greece declared their independ- welcome another new citizen. Arturo determining eligible home-based func- ence from centuries of political, reli- Hale came to the United States from tions. Functions such as billing, gious and cultural repression under the Mexico to attend the University of though essential, do not meet the Ottoman Empire. Greek independence Minnesota, where he earned a doc- Soliman test. The Court went well be- was recognized 8 years later only after torate in chemical engineering. He now yond congressional intent and even be- a long, hard-fought struggle during works at Bell Laboratories, conducting yond the IRS’s own interpretation of which the people of Greece made research on optical fibers. I have had the law. countless sacrifices for their freedom. the pleasure of meeting Arturo on a Shortly after the Soliman decision, I Contemporary American leaders, few occasions. He has contributed to introduced the Home Office Tax Deduc- such as James Monroe and Daniel Web- our Nation not only as a researcher and tion Bill, and I’ve been pushing for it

VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 19, 1997 CONGRESSIONAL RECORD — SENATE S2573 ever since. We must allow a tax deduc- In the national championship game, on seniors who continue to work. tion for essential activities, such as NNC broke open a tight contest and That’s why this bill is so important. billing, performed in the home when pulled away to claim the trophy. It was Let’s not discourage seniors from that is the only available place for just 25–24 at halftime, but a pressing working—let’s guarantee their freedom such activities. As the law now stands, and aggressive Crusader defense did the to work.∑ workers like Dr. Soliman who spend 15 trick and helped clinch the game. f hours per week doing billing in an ex- Staci Wilson paced the NNC attack, clusive home office are denied the de- with 22 points. She also was the leading APPOINTMENTS BY THE duction. That’s not right. Home offices rebounder with 13. Erica Walton scored DEMOCRATIC LEADER that are used regularly and solely for 12 points, and was named the tour- The PRESIDING OFFICER. The business purposes—whether it’s by phy- nament’s most valuable player. Kari Chair, on behalf of the Democratic sicians, salespeople, or mothers work- Smith added 11 points for the Lady leader, pursuant to Public Law 104–264, ing at home—should be an allowable Crusaders. appoints the following individuals to deduction. I am proud to be a cospon- Mr. President, I’m pleased to say the National Civil Aviation Review sor of Sen. HATCH’s bill which, like this that seven of the 12 players on the Commission: Linda Barker, of South bill, will restore the deduction for es- Northwest Nazarene College roster are Dakota, and William Bacon, of South sential functions. Idahoans. Here is the roster of this out- Dakota. I was very pleased that last Congress standing team: Christy Farrar of Hills- f we enacted an increase in the health boro, OR; Jessica Knowlton of insurance tax deduction for the self- ORDERS FOR THURSDAY, MARCH Craigmont, ID; Jennifer Myers of 20, 1997 employed to 80 percent by 2006. This is Parma, ID; Kimberly Riggs of Boise, a positive first step, but why should ID; Brooke Warren of Pomeroy, Wash- Mr. HELMS. Mr. President, I ask not small businesses receive a 100 per- ington; Kari Smith of Meridian, ID; unanimous consent that when the Sen- cent deduction just like big businesses? Ellen Duncan of McCall, ID; Chelsey ate completes its business today it Health care costs are one of the main Hall of Grangeville, ID; Staci Wilson of stand in adjournment until the hour of barriers to successful self-run busi- Molalla, OR; Staci Kirk of Boise, ID; 9:30 a.m., on Thursday, March 20. I fur- nesses, and this modest proposal will Sunshine Cecrle of Hillsboro, OR; and ther ask unanimous consent that on go a long way toward helping these Erica Walton of Ontario, OR. Thursday, immediately following the businesses survive and thrive. I also congratulate the head coach, prayer, the routine requests through Finally, the top priority of small Roger Schmidt, and his assistant the morning hour be granted, with the businesses is clarification of the inde- coaches, Becky Nichols and Duane time for the two leaders reserved un- pendent contractor definition. The cur- Slemmer. And my congratulations also less it is used. rent 20-part test used by the IRS to de- go to NNC President Dr. Richard The PRESIDING OFFICER. Without termine who is an employee, for which, Hagood and Athletic Director Eric objection, it is so ordered. of course, employers must pay Federal Forseth. f taxes, is confusing and imprecise. The I am sure all Idahoans join me in PROGRAM law is tough to follow when it is unpre- proudly recognizing the accomplish- dictable from case to case. This bill Mr. HELMS. Mr. President, for the ments of these young women and the information of all Senators, on Thurs- simply clarifies who is an independent support of the students, faculty, staff, contractor by applying a clear three- day the Senate may consider a resolu- alumni, and community at Northwest part test. Businesspeople need a simple tion relating to the decertification of Nazarene College. rule to follow, and this will provide it. Mexico. The Senate may also proceed No business should be subject to the f to the consideration of the nuclear whim of the IRS. OLDER AMERICANS FREEDOM TO waste legislation. Senators should be I thank Chairman BOND for his lead- WORK ACT aware that rollcall votes may occur at ership on this bill and I look forward to ∑ Mr. BURNS. Mr. President, I want to any time during Thursday’s session of working with him to get it to the the Senate. The Senate may also con- ∑ commend the majority leader for re- President’s desk. introducing the Older Americans Free- sider any other legislative or executive f dom to Work Act, S. 202, which I re- items that can be cleared. CONGRATULATING NORTHWEST cently have cosponsored. This bill will f NAZARENE COLLEGE’S NA- repeal the Social Security earnings ADJOURNMENT UNTIL 9:30 A.M. TIONAL CHAMPIONS limitation, which punishes seniors be- TOMORROW ∑ Mr. KEMPTHORNE. Mr. President, I tween the ages of 65 and 69 for working. Mr. HELMS. Mr. President, if there rise with great pride today to pay trib- That’s right—for working. is no further business to come before ute to an outstanding group of young The earnings limit, like so many the Senate, I now ask that the Senate women who have reached the pinnacle other Government policies, is outdated. stand in adjournment under the pre- of their sport. Northwest Nazarene Col- Back in the 1930’s, it may have made vious order. lege’s women’s basketball team last sense to encourage older workers to There being no objection, the Senate, night won its first-ever national title. leave the work force by reducing their at 8:20 p.m., adjourned until Thursday, The Lady Crusaders beat Black Hills Social Security benefits if they worked March 20, 1997, at 9:30 a.m. beyond age 65. But today, the opposite State 64–46 to claim the National Asso- f ciation of Intercollegiate Athletics Di- is true: With the baby boomers getting vision 2 tournament championship. It ready to retire, and with a higher life NOMINATIONS was the school’s first national cham- expectancy, we should be encouraging Executive nominations received by pionship in any sport. folks to work longer. Most important, the Senate, March 19, 1997: NNC, located in Nampa, ID, is one of workers should have the freedom to FEDERAL RETIREMENT THRIFT INVESTMENT America’s finest colleges. It consist- work longer if they want to. BOARD ently ranks among the top schools in Last year, after a long-fought effort JAMES H. ATKINS, OF ARKANSAS, TO BE A MEMBER OF academic national rankings. Now it by Majority Leader LOTT and many THE FEDERAL RETIREMENT THRIFT INVESTMENT BOARD FOR A TERM EXPIRING SEPTEMBER 25, 2000. (RE- proudly sits at the top in athletic others, we enacted a gradual increase APPOINTMENT) rankings as well. in the earnings limit from $13,500 today DEPARTMENT OF LABOR Coach Roger Schmidt’s Lady Cru- to $30,000 per year in 2002. That is, for KATHRYN O’LEARY HIGGINS, OF SOUTH DAKOTA, TO BE saders entered the 1996–97 season seniors between the ages of 65 and 69, DEPUTY SECRETARY OF LABOR, VICE THOMAS P. GLYNN, ranked 11th in the country. The team each $3 earned over $30,000 per year re- RESIGNED. finished the season with the most wins duces the worker’s Social Security ben- DEPARTMENT OF HOUSING AND URBAN in school history at 27–7, and also won efits by $1. While this increase is cer- DEVELOPMENT tainly helpful, there is no sound reason KEVIN EMANUAL MARCHMAN, OF COLORADO, TO BE AN the Cascade Collegiate Conference ASSISTANT SECRETARY OF HOUSING AND URBAN DE- title. for retaining any earnings limitation VELOPMENT, VICE JOSEPH SHULDINER.

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PAYING TRIBUTE TO THE OLDER Act nutrition programs for 25 years of provid- both peace and war. Today I would like to AMERICANS ACT NUTRITION ing nutritious meals to senior citizens. take a few minutes to highlight Colonel PROGRAMS Saturday, March 22, 1997, marks the 25th Brinsley's career. anniversary of the signing of the law authoriz- Col. Norman S. Brinsley's distinguished ca- HON. WILLIAM F. GOODLING ing the nutrition programs under the Older reer in the U.S. Army and Army Reserve has Americans Act. OF PENNSYLVANIA spanned more than three decades. He en- While nutrition assistance is but one of IN THE HOUSE OF REPRESENTATIVES listed in the Army in May of 1966, during many services provided to senior citizens Wednesday, March 19, 1997 which he attended the Infantry Officer Can- through the Older Americans Act, it is one of didate School at Fort Benning, GA. After earn- Mr. GOODLING. Mr. Speaker, I would like the most successful in helping senior citizens ing a commission as a second lieutenant, to take this opportunity to pay tribute to the live long, healthy, productive lives. Colonel Brinsley attended the infantry school's Older Americans Act nutrition programs on the Without this nutrition assistance, many sen- occasion of their 25th anniversary. iors would be forced out of their homes and basic Airborne course to learn the fine art of On March 22, 1972, President Richard into nursing homes. For senior citizens no Army parachuting. Nixon signed into law the National Nutritional longer able to prepare meals in their home, Colonel Brinsley served three tours in Viet- Program for the Elderly. This legislation added the in-home meals program, often known as nam in a variety of assignments. He served in one of the most important components of the Meals on Wheels, assures they receive nutri- operations and logistics with the 7th Special Older Americans Act. Over the years, countless numbers of our tional meals. Coupled with other in-home serv- Forces Group as well as in logistics and ad- Nation's senior citizens have benefited from ices, this program allows seniors to remain in ministration with the 5th Special Forces the nutritional services provided through the their local community with friends and family Group. He commanded Company E, 4th Bat- Older Americans Act. and not be forced prematurely into a nursing talion, 503d Infantry, with the 173d Airborne For homebound seniors, the program pro- home setting. Brigade. Colonel Brinsley returned to the 5th vides nutritional assistance which allows them For senior citizens who are not homebound, Special Forces Group where he was plans of- to remain independent in their homes. In addi- the congregate meals program offers them ficer. His last assignment in Vietnam was as tion, in some instances, it can actually save meals in a setting with other seniors, allowing assistant logistics officer with U.S. Army Re- their lives. In my congressional district, for in- them to socialize with other seniors and par- public of Vietnam, Special Mission Advisory stance, one elderly constituent of mine had ticipate in a variety of other activities. Group. become ill. They were unable to respond to I am certain the millions of senior citizens Colonel Brinsley became a drilling Army re- the individual delivering their meal. The indi- that benefit from these programs each year servist in September of 1971 and held a num- vidual delivering the meal, concerned about join me in paying tribute to this successful pro- ber of positions of increasing responsibility for gram. The fact that they voluntarily contribute the well-being of the client, contacted local au- 12 years in the 3220th U.S. Army Garrison, to the cost of their meals is a sure sign that thorities, who were able to bring needed medi- the 81st U.S. Army Reserve Command and the program is providing them with meals that cal attention to the homebound senior. the 12th Special Forces Group. His final as- are not only healthy and nutritious, but appeal- Meals served under the Older Americans signment as a drilling reservist was as a man- Act are also served in congregate settings, in- ing as well. power analyst and Chief of Force Develop- cluding senior centers and senior day care fa- Because of the importance of these pro- ment and Modernization with the 86th U.S. cilities. In these instances, the individual not grams that serve our Nation's elderly, I am Army Reserve Command in Chicago, IL. only receives a nutritious meal but has an op- particularly looking forward to working on the portunity to socialize with their peers. authorization of the Older Americans Act this Colonel Brinsley entered the Active/Guard Studies have shown these nutrition pro- year. It is my intent to pass legislation that im- Reserve [AGR] program in 1984 and has held grams to be beneficial to program participants. proves services to seniors and helps them live demanding positions in resource management, For example, older individuals receiving bene- fuller, more active lives. We want to improve internal review, and Reserve component sup- fits through the Older Americans Act programs services by making sure that funds are being port. He was assigned to the 22d Support tend to have better nutrition than similarly situ- sent where they are needed the most, by in- Command in Saudi Arabia during both Oper- ated older individuals who do not participate in creasing flexibility for State and local programs ation Desert Shield and Desert Storm. Upon these programs. and by helping to improve the quality of all his return from the Persian Gulf, he assumed Mr. Speaker, in 1995, these programs pro- programs under the act. These vital programs command of the Army Reserve Readiness vided 123,000,000 meals to approximately help keep many of our Nation's seniors Training Center of Fort McCoy, WI. Colonel 2,500,000 older individuals in congregate set- healthy and strong and I look forward to work- Brinsley was later selected as the deputy com- tings and 119,000,000 meals to 989,000 ing with my colleagues on this issue. mander of the Army Reserve Personnel Cen- homebound older persons. They have per- f ter in St. Louis and later became the com- formed a tremendous service in allowing our mander. Nations' senior citizens to live longer, healthier TRIBUTE TO COL. NORMAN S. lives and they deserve our support. BRINSLEY ON THE OCCASION OF During his distinguished career, Colonel I urge my colleagues to join me in recogniz- HIS RETIREMENT Brinsley has been a highly decorated officer. ing the 25th anniversary of the establishment His awards include the Legion of Merit, the of the first nutrition program for the elderly HON. THOMAS W. EWING Bronze Star with three oak leaf clusters, the under the Older Americans Act. Vietnam Service Medal and seven bronze OF ILLINOIS f service stars, the Combat Infantryman Badge, IN THE HOUSE OF REPRESENTATIVES the Master Parachutist Badge and the Special HONORING THE OLDER AMERI- Wednesday, March 19, 1997 Forces Tab. CANS ACT NUTRITION PRO- GRAMS Mr. EWING. Mr. Speaker, today I rise to pay Service and dedication to duty have been tribute to a distinguished and dedicated mili- hallmarks of Colonel Brinsley's career. He has tary officer who has served this Nation with served this country with reliability, distinction, HON. FRANK RIGGS great honor and distinction. Col. Norman S. spirit of dedication, devotion to duty, and the OF CALIFORNIA Brinsley will retire on April 4, 1997, after 30 unflinching bravery that is the legacy of this IN THE HOUSE OF REPRESENTATIVES years of commissioned service in the U.S. Nation and its people. Mr. Speaker, it is an Wednesday, March 19, 1997 Army and Army Reserve. His career accom- honor for me to present the distinguished cre- Mr. RIGGS. Mr. Speaker, I want to take this plishments reflect the type of military leader dentials of Col. Norman S. Brinsley before the opportunity to commend the Older Americans this Nation has depended upon in times of Congress today.

∑ 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. E512 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 1997 TAX CREDIT FOR HISTORIC HOME ``DemocracyÐAbove and Beyond.'' I am very philosophy that is above and beyond that of REHABILITATION AND COMMU- proud to share with the House James' excel- all other nations. NITY REVITALIZATION lent essay on the need for young people to f become actively involved in making our coun- SPECIAL RECOGNITION OF HICK- try a better place to live. HON. RICHARD E. NEAL MAN COUNTY LADY ’DAWGS 1996– Again, congratulations to James, the Cos- OF MASSACHUSETTS 97 CHAMPIONSHIP TEAM IN THE HOUSE OF REPRESENTATIVES grove family, and the members of VFW Post 3257 and their ladies Auxiliary for their fine Wednesday, March 19, 1997 work. HON. ED BRYANT Mr. NEAL of Massachusetts. Mr. Speaker, DEMOCRACY—ABOVE AND BEYOND OF TENNESSEE today I join Representatives SHAW and KEN- 1996–97 VFW VOICE OF DEMOCRACY SCHOLARSHIP IN THE HOUSE OF REPRESENTATIVES NELLY in cosponsoring legislation that would PROGRAM Wednesday, March 19, 1997 provide a tax credit for the rehabilitation of a (By Delaware winner James Cosgrove) historic home. This legislation would help The phone rang. The caller quickly told me Mr. BRYANT. Mr. Speaker, I would like to those who rehabilitate or purchase a newly re- to turn on CNN. Although confused, I turned recognize the 1997 Double AA State Cham- habilitated home and occupy it as a principle on the television. I was soon shocked to hear pions for Tennessee girls high school basket- residence. what Wolf Blitzer had to report. The United ball. The Hickman County Lady Bulldogs fin- States of America, under the direction of This tax credit would provide an incentive ished their season with a record of 32±4, an President Bush, had attacked the Iraqi cap- impressive mark by any standard. for the revitalization of many neighborhoods ital of Baghdad. by promoting economic stability and home As the initial shock subsided, a dread The achievement of any team rests in the ownership. I represent the city of Springfield thought invaded my mind. Would my father genius of those who guide its players and which has many older communities which be sent to fight as well? At that time my fa- point them down the pathway of success. would benefit greatly from this bill. The city of ther was a Lieutenant Commander in the Coach Barry Wortman, assistant coaches Springfield and its surrounding communities Navy stationed at Camp Pendelton, Califor- Misty Shelton and Aaron Taylor, team man- have many beautiful older historic homes and nia. If the fighting continued, he too would ager Rocky Stinson, and team trainers Mark be among the masses of Marines being de- Buck and Brian Johnson, are to be com- this tax credit provides a great opportunity for ployed from the base. individuals to restore and live in these houses. The war raged on and the weeks passed. An mended for their hard work and love of the The credit is capped at $50,000 and it air of tension enveloped our household since game of basketball, as well as for their devo- would be for 20 percent of qualified rehabilita- that first day in January when the telephone tion to the girls who brought them and all of tion expenditures. The credit is not based on rang. We were anxious about what was to be- Hickman County this distinctive honor. the individual's income. However, the property come of our father. As the war continued, I Among other accomplished athletes, this must be used as a taxpayer's principle resi- became increasingly frustrated with my gov- year's Lady 'Dawgs team included All-State ernment. They were endangering the life of dence. players Becky Myatt and Talisha Scates. In my father on behalf of Kuwait, a country fact Becky Myatt's athleticism and mastery of Single-family and multifamily homes would that I had not heard of in the six years I had qualify for the credit. A developer may rehabili- been attending elementary school. For me, the game of basketball landed her with per- tate a qualifying property for sale and pass the each day of stressful waiting increased my haps the most prestigious award any high credit through to the home buyer. Properties level of disenchantment. school player can earn, Athlete of the Year. In eligible for the credit are those listed individ- A few months later, the phone rang a sec- addition to the achievement of Myatt and ually on the National Register of Historic ond time. It was my father’s commanding of- Scates, Jennifer Dick and Emily Vincent Places or on a State or local register, as well ficer, informing my dad that he was sched- earned All-Tournament honors. And Amanda uled to join the next shipment of Marines as as contributing buildings in national, State, and Judd was an All-State Tournament Award win- a member of the medical corps. The will was ner as well. local historic districts. written. The bags were packed. The family This tax credit is essential for revitalizing was morbid. At first I wanted to cry as my Rounding out the roster of this middle Ten- historic districts of our older cities. We have mother so often did. I decided instead to fol- nessee girls high school basketball power- many beautiful homes and neighborhoods in low the example of my father’s serene con- house were Eugenia McClain, Cassidy Jen- our older cities and we should do everything fidence and sense of duty. His air of deter- kins, Brandi Jimerson, Heidi McDonald, Jenny possible to preserve their unique beauty. This mination comforted me and gave me hope Powers, Racheal Buchanan, and Brandy Mar- tax credit helps preserve our history. I urge my that he would emerge from the Gulf un- tin. Without these players, the Lady 'Dawgs scathed. It was then that I realized what sets surely would not have been quite the excep- colleagues to cosponsor this legislation. our nation apart from all other nations. f The American people are what establishes tional team they went on to be. our system of government above and beyond As Hickman County's representative in Con- JAMES F. COSGROVE, VOICE OF all other forms of government. People who gress, I am proud to see its residents and DEMOCRACY CONTEST WINNER vote. People who own their own businesses. communities enjoy this well deserved recogni- People who feel such a strong devotion to tion. The 1996±97 Lady 'Dawgs have left a HON. MICHAEL N. CASTLE their country that they would be willing to legacy which will be remembered next year lay down their lives for it. People like my fa- OF DELAWARE and many years to come in Hickman County ther. The system of democracy places the and throughout Tennessee. To the future Lady IN THE HOUSE OF REPRESENTATIVES power to pass laws, support the economy, 'Dawgs teams, I wish you well in your endeav- Wednesday, March 19, 1997 and protect the country in the hands of the people. This trust, an essential element of ors to carry forward with the championship Mr. CASTLE. Mr. Speaker, I am pleased to democracy, is what truly makes our govern- and winning traditions of Hickman County call the attention of the House to the work of ment excel. Everyone can flourish in an envi- High School. Congratulations. James F. Cosgrove of Wilmington, DE. James ronment where they receive the respect, f is Delaware's State winner of the Veterans of trust and power necessary to make their Foreign War's Voice of Democracy government ‘‘by the people and for the peo- HONORING LARRY WENNLUND scriptwriting contest and has received a ple.’’ Such is the case of the United States of America! $1,500 Edward A. Nardi Scholarship award. I Thankfully my father was not deployed HON. JERRY WELLER congratulate James, his family, and VFW Post overseas. Instead, he was assigned to a state- OF ILLINOIS 3257 and its Ladies Auxiliary in Wilmington, side medical facility. As a sixth grader, I was IN THE HOUSE OF REPRESENTATIVES DE for sponsoring this excellent program. not conscious of the fact that the democracy As my colleagues know, the VFW has spon- in which I lived was the model government. Wednesday, March 19, 1997 sored the Voice of Democracy Competition for I was not able to comprehend that the free- Mr. WELLER. Mr. Speaker, I rise today to 50 years to promote patriotic and civic respon- dom and individual rights that I experienced honor the work and dedication of a great sibility among our young people and to help were not present in other countries. Greed statesman, Representative Larry Wennlund, and corruption may infest other govern- them attend college through the scholarship ments but for 220 years have not been able to after 11 years of public service to the people awards. The competition requires students to control democratic America. Americans of Illinois and the residents of the 38th District. write and record a 3- to 5-minute essay on a should feel pride in being the key ingredient Representative Wennlund has been a life- patriotic theme. This year, over 109,000 stu- in a recipe that has produced the greatest long resident of New Lenox, IL, and received dents participated in the contest on the theme: nation in the world! A nation governed by a a bachelor of arts from the University of Illinois March 19, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E513 at Champaign, and a juris doctor from the tem. The result has been economic growth. As American citizens halfway around the world John Marshall Law School in Chicago, IL. Peter Ferrara of Americans for Tax Reform has achieved. Representative Wennlund has been an ac- said, ``Once a dismal outpost of failed state tive member and leader of his community as socialism, the islands have now been thor- f a member of: Trinity Lutheran Church, the oughly integrated in the dynamic economy of New Lenox Lions Club, the New Lenox Cham- the Pacific Rim.'' FREE SPEECH ON THE INTERNET ber of Commerce and as a member of the The number of businesses on the islands New Lenox Grade School Board of Education. has grown from 55 to 5,000. Gross business HON. JERROLD NADLER Representative Wennlund remains a leader revenue rose from $244.4 million in 1986 to OF NEW YORK in his growing community as an advocate for $1.477 billion in 1994. Only 1,056 people were IN THE HOUSE OF REPRESENTATIVES building a strong transportation network, eco- employed in 1970, most by the government. nomic development for the area, reforming the Twenty years later, 25,965 people were work- Wednesday, March 19, 1997 Juvenile Justice system, welfare-to-work initia- ing, 22,795 of them for the private sector. Un- Mr. NADLER. Mr. Speaker, I rise today to tives and real property tax reform. employment has fallen from 15 percent to 4 support the efforts of citizens everywhere to Representative Larry Wennlund has also percent since 1980. protect free speech on the Internet. been honored for his talents and accomplish- The pro-growth economic policies of the Today, the Supreme Court heard arguments ments by being selected from among his CNMI have been in stark contrast to the expe- to determine the constitutionality of the Com- peers to serve as a member of the Republican riences of other American territories in the Pa- munications Decency Act [CDA], which Leadership Team. Representative Larry cific, such as Guam and American Samoa. criminalizes certain speech on the Internet. Wennlund is an honorable man, worthy of The unemployment rate in Samoa is close to It is because of the hard work and dedica- praise for his many years of service, leader- 16 percent. The government is the most im- tion to free speech by netizens everywhere ship and accomplishments for the people of portant provider of jobs in the American that this issue has gained the attention of the his district. Samoa and, as of 1989, nearly 60 percent of public, and now, our Nation's highest court. f the residents had incomes below the poverty I have maintained from the very beginning lines. In Guam, where the local economy has that the CDA is unconstitutional, and I eagerly FREEDOM AND PROSPERITY FOR benefited from United States military presence THE CNMI await the Supreme Court's decision on this on the island, but the unemployment rate re- case. mains higher than in the CNMI. I was one of the few Members of this body The Governor's efforts have not come with- HON. TOM DeLAY to vote against the Telecommunications Act, in out criticism by some who believe that Wash- OF TEXAS large part, due to the CDA provision that im- ington knows better how to create jobs for the IN THE HOUSE OF REPRESENTATIVES poses unacceptable limits on free speech. people of the islands than the people of the Wednesday, March 19, 1997 While the stated intent of this provision is to CNMI themselves. Rep GEORGE MILLER of Mr. DELAY. Mr. Speaker, last week, joined California believes that Washington should im- limit minors' access to indecent material, in by my colleague and friend PHIL CRANE, the pose the Federal minimum wage on the peo- fact, its effect will be much farther reaching. chairman of the Trade Subcommittee, I had ple of the CNMI. Make no mistake about it, This so-called decency language will dan- the pleasure of meeting Gov. Froilan Tenorio passage of that bill would kill jobs, growth, and gerously constrain electronic free speech. I of the Commonwealth of the Northern Mari- opportunity. still believe that it is the cyberspace equivalent anas Islands [CNMI]. Governor Tenorio has Most Members of Congress recognize that a to book burning. embarked on a bold course to promote eco- higher minimum wage would result in a with- When this bill first became law, I turned my nomic and political liberty in the CNMI. The drawal of industry from the islands and wide- web page black to protest this dangerous as- brave men and women who died for freedom spread unemployment. Factories would move sault on free speech. I have been working ac- at the battle of Saipan would be proud to from the CNMI to other Pacific outposts that tively to overturn the CDA ever since. I re- know that Governor Tenorio has been a true were not burdened by Washington wage con- ceived thousands of e-mail messages from champion of freedom in the Western Pacific. trols. around the world from people concerned with Governor Tenorio recognizes that the mar- Instead of trying to impose redtape and the threat to free speech imposed by the CDA. ket, and not the government, is the engine of mandates on the people of the CNMI, we I pledged to join with concerned citizens all job creation. Governor Tenorio has pushed should look to the CNMI as a model of reform. across the country to fight the CDA in Con- forward with a program of privatization, fiscal Like the CNMI, Washington should provide tax gress, in the courts, and in the chat rooms restraint, and lower taxes for his people. Gov- relief for the American people. We should rec- and online forums of the Internet itself. And ernor Tenorio did not come to Washington ognize that pro-business policies create jobs. we have. We won in Philadelphia, we won in looking for taxpayer benefits, welfare, or hand- And we should recognize that free trade cre- New York, and we are now poised to win in outs. He came to promote his market reforms. ates prosperity. The CNMI is proof positive the Supreme Court of the United States. We Mr. Speaker, Governor Tenorio deserves our that these policies work. promised not to give up the fight, and to con- support. While we shouldn't impose Washington tinue our efforts to keep the Internet free, and During his administration, Governor Tenorio mandates on the CNMI, we should also allow we have done just that. has actively pursued and courted businesses the people of the island more control over Now this case is finally before the Supreme around the globe to open shop in the CNMI. their own lands. Governor Tenorio described Court. Soon we will learn of the outcome of Like President Reagan in the 1980's, Tenorio to Mr. CRANE and me the trouble the people our efforts. Have we successfully challenged has kept taxes low. Low tax rates have actu- of Tinian are having with unreasonable Fed- this unjust act? Will the Supreme Court uphold ally increased productivity, which in turn, in- eral control of their land. Governor Tenorio the lower court's ruling which struck down the creased revenue for the government of the asked us to look into assisting the people of CDA? Will the Justices join the choir of voices CNMI. Additionally, the Governor has recog- Tinian with opening up more of their land for who have declared this bill an indecent assault nized the importance of trade and has dem- development and use in accordance with their on American liberty? I believe they will. onstrated how trade with Asian markets can cultural and economic interests. Congressman I believe they will recognize what the lower bring prosperity. CRANE and I hope to become active in bring- courts have already determined, that ``as the The economic changes that have taken ing a positive resolution to this matter and most participatory form of mass speech yet place in the CNMI have been nothing short of other areas where we can help the people of developed, the Internet deserves the highest miraculous. In 1970 most roads were unpaved the CNMI. protection from governmental intrusion,'' that and most homes lacked running water. There The CNMI is on the right track. Their Pacific the CDA is unconstitutional, and that it dan- were 55 licensed businesses on the islands, neighbors should view the economic policies gerously constrains electronic free speech. with combined assets of $2 million. There was on the CNMI as a model. Washington should I applaud everyone who has taken action to one bank and one credit union. Then the is- also acknowledge that Governor Tenorio's support the first amendment, and who has land tried free markets. policies are on the right track. Let's not nip job spoken out against this bill to ensure that fu- CNMI dropped laws common elsewhere in creation and economic reform in the bud with ture generations are able to enjoy the same Micronesia that restricted foreign investment. It ill-conceived Washington knows best legisla- rights and liberties on the Internet that we reduced the regulatory burden on business. tion. It's time that we recognize and respect have enjoyed in other arenas of expression for The island also reformed its punitive tax sys- the impressive progress that this group of the past two centuries. E514 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 1997 SECRECY crease the chances that we will avoid major HIGH SCHOOL CHEERLEADING mistakes. CHAMPIONS I also believe that a culture of secrecy HON. LEE H. HAMILTON threatens our capacity to keep secrets that OF INDIANA must be kept. As former Supreme Court Jus- HON. HOWARD COBLE IN THE HOUSE OF REPRESENTATIVES tice Potter Stewart said, ‘‘When everything OF NORTH CAROLINA Wednesday, March 19, 1997 is classified then nothing is classified.’’ If we IN THE HOUSE OF REPRESENTATIVES have too much secrecy, we cannot focus Mr. HAMILTON. Mr. Speaker, I would like to enough on protecting the truly important se- Wednesday, March 19, 1997 insert my Washington Report for Wednesday, crets. Secrecy can best be preserved when Mr. COBLE. Mr. Speaker, as we are in the March 19, 1997 into the CONGRESSIONAL the credibility of the system is assured. middle of what is known as March Madness, RECORD. WHAT SHOULD BE DONE all eyes are focused on the basketball arenas GOVERNMENT SECRECY The key then is to strike an appropriate of America. An integral part of what makes the For many years during the Cold War, the balance. We need to reduce sharply the level game so much fun and adds to the fans' ex- United States took extraordinary steps to of secrecy within our government and make citement are the cheerleaders. These young restrict the access of American citizens to available to the American people millions of men and women who exhort the crowd to sup- documents that have been maintained in se- national security information. By limiting port their team add much to the pageantry of certain information only to government offi- crecy. On the other hand, we want to safe- cials specially cleared to see it, we tried to guard better the information necessary to college basketball and, for that matter, all keep it out of the hands of our adversaries. protect our nation and our citizens, informa- sports. This system of protecting information tion that is critical to the pursuit of our na- We are particularly mindful of the contribu- helped keep us more secure. tional security. Such a classification system tions that cheerleaders make to the enjoyment But the end of the Cold War has given us should protect our national security in a rea- of all types of sports these days because the an opportunity to reassess the role and costs sonable and cost-effective manner. Sixth District of North Carolina is the home of of government secrecy. Certainly restricting President Clinton has taken some useful the 1996±97 North Carolina high school access to military plans and weapon designs steps to try to reduce government secrecy. cheerleading champions. Southwestern Ran- made sense, but in many ways too much in- He shortened the number of years that most formation was kept secret, with even the documents may remain secret and gave dolph High School [SWRHS] near Asheboro, menu for a dinner party hosted by a U.S. of- agencies five years to declassify most docu- NC, last month captured the State 2±A ficial once classified. I have come to the view ments in their possession that are older than cheerleading championship. This champion- that it is an urgent national priority to re- 25 years. The President also ordered the re- ship is all the more special because it came form the government’s existing system of se- lease of millions of World War II-era docu- in the final year of Coach LuEllen Loflin's tre- crecy. We must bring the system for ments. Unfortunately, there has been resist- mendous career at SWRHS. Led by Loflin, the classifying, safeguarding, and declassifying ance to the President’s reforms. Some agen- Cougars have won North Carolina's 2±A national security information into line with cies have been slow to adopt new classifica- cheerleading championship 5 of the past 6 our view of American democracy and the tion procedures, and several are behind threats it faces in the post-Cold War world. schedule on meeting the five-year declas- years and 6 of the past 8. SECRECY IN GOVERNMENT TODAY sification target. As written in the Asheboro Courier-Tribune: It is remarkable that Congress has never During the past two years I have served on For the past 15 years, Loflin has been in- passed a law specifically setting up the proc- a twelve-member commission on government volved as the coach of the varsity cheer- ess governing secrecy. Since 1947, decisions secrecy made up of private citizens, Execu- leaders, a span of time which has seen on what information should be kept secret tive Branch officials, and Members of Con- cheerleading evolve from a group of girls have been governed entirely by presidential gress. The commission concluded that cur- who jump up during sporting events to a executive orders. The President relies on his rent policies have encouraged secrecy, and group of skilled athletes who spend hundreds constitutional authority for conducting for- we made several recommendations to im- of hours each year perfecting dance routines eign policy and protecting national security prove the classification process. loaded with acrobatics and precision maneu- to issue such orders, but there are no laws First, we need to pass a law establishing vers. that tell the President how to classify any- broad standards for appropriate classifica- Members of her squad told the Courier-Trib- thing. tion and declassification. A statute would une that Coach Loflin will be missed. ``She's a Under the current system, tens of thou- give the secrecy system greater stability and inspire greater respect than the numerous pillar of support and confidence and love and sands of U.S. officials are authorized to clas- friendship and all those wonderful adjectives,'' sify information. Every year they stamp ‘‘se- presidential executive orders issued since cret’’ on several million new documents. World War II. Second, we should create a De- senior cocaptain Christine Copple told the Warehouses now hold an astonishing 1.5 bil- classification Center within the National Ar- Asheboro newspaper. ``She's one of us,'' fel- lion pages of classified documents that are chives. It would declassify documents under low cocaptain Lisa Sizemore told the Courier- more than 25 years old, but only a few hun- the guidance of national security agencies, Tribune about Coach Loflin. ``We can all go to dred officials are assigned to review these and should eventually be able to declassify her and talk about anything. She's a second documents for declassification. The backlog more documents, at a lower cost, than indi- mother to us. Without her, we wouldn't be of secret documents grows year after year. vidual agencies can today. Third, officials who classify documents should be specially where we are today.'' Darian Walker, the lone PROBLEMS OF EXCESSIVE SECRECY trained to weigh the benefits of public access male on the team, was pleased to capture an- All of us recognize that in a dangerous against the need to protect a particular piece other trophy for a great coach. ``To come back world some secrecy is vital to save lives, to of information, and they should provide a and win it one more time before Miss Loflin protect national security, to engage in effec- written justification when information is left was really great,'' Walker said. ``It was one tive diplomacy, and to bring criminals to classified for the first time. Fourth, to of the best feelings I ever had.'' justice. But we should also understand the strengthen individual accountability, offi- immense costs of secrecy. Government agen- In addition to Copple, Sizemore, and Walk- cials should be required to identify them- er, every member of the Cougar cheerleading cies and private firms spend $5–6 billion an- selves by name on the documents they clas- nually to manage and protect classified ma- sify, and classification should be a regular squad is to be congratulated for a champion- terial. Reviewing older documents for declas- part of job performance evaluations. Finally, ship season, including senior captain Melissa sification is time-consuming and expensive. a single Executive Branch agency should be Pritchard, and fellow seniors Nicki McKensie, Excessive secrecy cripples debate in a free put in charge of coordinating classification Stephanie Stone, and Amy Sykes; juniors society. Policymakers are not fully informed policies governmentwide. This agency must Sara Knapp and Alicia Miller; sophomores and government is not held accountable for have the authority to demand compliance Katie Copple, Misty Cox, Ann Culpepper, and its actions. Too often I have had the impres- with Administration policies. sion that information has been made secret Jamie Parrish; and freshmen Kelly Bryant and not to protect national security, but to pro- CONCLUSION Marie Nance. tect officials and their policy decisions from The Cold War has ended, and so has the After 15 years of dedicated service to public inquiry. justification for a vast array of secrets SWRHS, LuEllen Loflin will step down as Information and open debate are the life- whose very existence is contrary to free and coach of the cheerleading squad. She leaves blood of democracy. Surely one of the keys open government. It is time for a new way of a tremendous legacy of achievement. On be- to a successful democracy is to assure that thinking about secrecy. The best way to en- the people are adequately informed about sure that secrecy is respected is for secrecy half of the citizens of the Sixth District of North the issues of the day. Openness and publicity to be returned to a limited but necessary Carolina, we congratulate Coach Loflin and may cause some inconvenience, perhaps even role. We will better protect necessary se- the Southwestern Randolph Cougars for win- some losses from time to time, but I believe crets, and our democracy, if secrecy is re- ning the 2±A high school cheerleading cham- openness and accountability will greatly in- duced overall. pionship. March 19, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E515 GREEK INDEPENDENCE DAY, 176 Wharton on the 11th of November, 1900. On population, while only a minimal level of fund- YEARS OF FREEDOM AND DE- that day, La Progresiva opened its doors with ing is provided to rural areas under 5,000 pop- MOCRACY only 14 students and with the reading of the ulation based on a fiscal year 1991 funding first book of Corinthians chapter. level. Unfortunately, congressional attempts to SPEECH OF The school developed into one of the finest provide State flexibility do not ensure ade- HON. HERBERT H. BATEMAN educational establishments of Cuba, expand- quate and equitable distribution of Federal as- ing its facilities to accommodate the increasing sistance to rural area roads. Moreover, roads OF VIRGINIA enrollment of students. Its growing reputation functionally classified as local or rural minor IN THE HOUSE OF REPRESENTATIVES as a fine center of learning, however, was put collectors are not currently eligible for the rural Tuesday, March 18, 1997 to a stop in 1961 with the arrival of com- areas under 5,000 population funding and, Mr. BATEMAN. Mr. Speaker, I am proud to munism in the island. since most rural roads fall under these two join my colleagues today in recognizing the Communism was able to put an end to the classifications, they are ineligible for Federal 176th anniversary of the beginning of the rev- material aspect of La Progresiva in Cardenas, assistance. olution that freed the Greeks from the sub- but it could never destroy the spirit and ideals My legislation would allow roads functionally jugation of Ottoman rule. which still remained alive. So in September classified as local or rural minor collectors eli- On March 25, 1821, Greek patriots began 1971, with the help of the First Spanish Pres- gibility for STP funds under the existing spe- their long struggle for freedom and for inde- byterian Church of Miami and the alumni of cial account for areas under 5,000 population pendence from the Ottoman Empire. However, the old La Progresiva, the new Progresiva only. My legislation would not amend the road classification system. Rather, it would only the arduous journey to democracy did not end opened its doors. It started with humble begin- modify 23 U.S.C. 133(c) to allow roads func- with achievement of independence of 1829. nings in much the same way its predecessor tionally classified as local and rural minor col- During World War II, the Greeks fought coura- had. lectors STP funding eligibility under the areas geously and suffered severe casualties in their Like the old school, this new one grew in popularity and as a result of the increasing de- under 5,000 population account 23 U.S.C. tireless efforts to fend off Nazi armies. There 133(d)(3)(B). were forced to fight once again in the 1940's mand for enrollment, La Progresiva added an- other wing to its main building in 1978. The In addition, my legislation provides that of in order to turn back the forces of com- the 50 percent to be obligated under the re- munism, a resistance in which we were proud school continued its expansion adding more classrooms to accommodate the demand for maining distribution account, at least 20 per- to extend a hand. Although the years since cent, or the existing minimum requirement, admittance into the school. Along with growing have been marked by hardships and sacrifice, whichever is greater, should go to the rural in educational capacity, La Progresiva also the people of Greece have shown their re- areas under 5,000 population account. Finally, bettered itself in the athletic department, im- solve, courage, and fortitude. Their dedication my legislation would amend the statewide proving over the years in its sports and, pres- to freedom has demonstrated itself in the ulti- planning process by requiring States to also mate success of democracy in modern-day ently, plans are being discussed for a gym- consider the transportation needs of rural Greece. nasium. areas, including local and rural minor collec- The Progresiva spirit has prevailed through We cannot discount our indebtedness to tors. Greece and her people. Western art, architec- the years to produce a center of learning I urge my colleagues to support this nec- ture, literature, and philosophy all stem from which will stand long into the future and one essary legislation as it will provide the flexibil- the achievements of the ancient Greeks. With- which makes all ``Progresivistas'' proud. ity ISTEA was intended to produce and will out question, the Greek people have left an in- On this, La Progresivas' 25th school year greatly improve our roadway system by allow- delible impression on world history. But, of all anniversary, the school's motto is stronger ing local and rural communities the opportunity the contributions Greeks have made toward than ever: ``Una Vez de La Progresiva, to decide which roads should be repaired. the betterment of mankind, I believe their Siempre de La Progresiva.'' f greatest contribution to be the ideal of democ- f EXTENDING EFFECTIVE DATE OF racy. It is fitting that we, the United States of RURAL ROADS FUNDING INVESTMENT ADVISERS SUPER- America, should have founded the wellspring VISION COORDINATION ACT of our Nation's laws and ideals in the demo- HON. NANCY L. JOHNSON cratic traditions of Athens and other Greek OF CONNECTICUT SPEECH OF city-states. And, it was indeed appropriate that IN THE HOUSE OF REPRESENTATIVES during the Greek war for independence, they HON. MICHAEL G. OXLEY Wednesday, March 19, 1997 looked to our Declaration of Independence to OF OHIO guide them in their struggle to rediscover de- Mrs. JOHNSON of Connecticut. Mr. Speak- IN THE HOUSE OF REPRESENTATIVES mocracy. er, anticipating this year's reauthorization of Tuesday, March 18, 1997 In closing, I would like to note that no nation the 1991 Intermodal Surface Transportation Mr. OXLEY. Mr. Speaker, this legislation will has contributed more to modern Western civili- Efficiency Act [ISTEA], I am introducing legis- provide an extension of 90 days to the effec- zation than Greece, and no nation has had to lation today that will provide rural area roads tive date of title III of the National Securities struggle harder or more often to preserve its eligibility for a small percentage of funding Markets Improvement Act of 1996. liberties. In recognition of all that Greece under the Surface Transportation Program The extension of the effective date, which means to the world, and in tribute to its patri- [STP]. was requested by Securities and Exchange ots throughout the centuries, we salute our The intent of ISTEA's STP initiative was to Commission Chairman Arthur Levitt, will help friends in GreeceÐand our many Greek- provide greater flexibility to State and local au- ensure the orderly implementation of the im- American citizensÐon this day of independ- thorities for transportation needs by providing portant changes that will be effected by the In- ence. States with block grant-type authority. How- vestment Advisers Supervision Coordination f ever, ISTEA regulations prohibit roads classi- Act, which is title III of the Improvement Act. fied as local or rural minor collectors from re- I strongly support this responsible request. LA PROGRESIVA PRESBYTERIAN ceiving Federal-aid highway funding. Since The Institute of Certified Financial Planners, SCHOOL TWENTY-FIFTH YEAR most roads in rural areas fall under this classi- which represents many of the investment ad- ANNIVERSARY fication, they are not eligible for funding and visers who will be affected by the Improve- remain in severe disrepair. ment Act, also supports the extension of the HON. ILEANA ROS-LEHTINEN Under ISTEA's current STP distribution for- effective date of title III. I include for the OF FLORIDA mula, States are required to set aside 10 per- RECORD copies of Chairman Levitt's letter to IN THE HOUSE OF REPRESENTATIVES cent of their STP funds for safety programs Chairman BLILEY, as well as a letter from the and 10 percent for transportation enhance- Institute of Certified Financial Planners to my- Wednesday, March 19, 1997 ment programs. The remaining 80 percent of self offering their support for this legislation. Ms. ROS-LEHTINEN. Mr. Speaker, I would STP funding goes into a general purposes In addition, I wish to clarify the intent of a like to recognize La Progresiva Presbyterian fund, with a remaining distribution account re- provision in title III of the Improvement Act that School for its 25th school year anniversary. ceiving 50 percent, and a statewide distribu- provides for the establishment of a telephonic The Presbyterian school, La Progresiva, tion account receiving 30 percent. or other communication means to provide in- was founded in Cardenas, Cuba by a North Under the remaining distribution account, formation about investment advisers' back- American missionary named Dr. Robert L. funding is provided to areas over 200,000 grounds. The act directs the Commission to E516 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 1997 ``provide for the establishment and mainte- If I or any of the Commission staff can an- This situation, while obviously smaller in nance'' of this information service. I wish to swer any questions, please do not hesitate to scale, is not unlike Congress passing major make it clear that it is entirely within the Com- contact us. tax legislation at the end of the year, and mission's authority and consistent with the in- Sincerely, leaving the Internal Revenue Service little ARTHUR LEVITT, time to clarify certain aspects of the new tax tention of this provision for the Commission to Chairman. code that affect thousands of Americans. delegate the responsibility to establish and Distributing new 1040s and related forms maintain this service to a third party, as the THE INSTITUTE OF within a month of April 15th would no doubt Commission has done for purposes of the in- CERTIFIED FINANCIAL PLANNERS, be disastrous. formation service provided pursuant to section Denver, CO, March 12, 1997. For the above reasons, we strongly support 15A(i) of the Securities Exchange Act of 1934. Hon. MICHAEL G. OXLEY, S. 410 and thank you for supporting the It is also consistent with the purposes of title U.S. House of Representatives, original conference report. An additional 90 III that such a third party be able to charge Washington, DC. days should be more than adequate time to allow the SEC to properly fulfill its mission reasonable fees of commercial users of the in- DEAR CONGRESSMAN OXLEY: The Institute of Certified Financial Planners 13 is strongly and for registrants to properly comply with formation service. in support of S. 410, a bill which would ex- the new changes. SECURITIES AND EXCHANGE COMMISSION, tend the April 9 effective date of the Invest- I would be happy to respond to any ques- Washington, DC, February 12, 1997. ment Advisers Supervision Coordination Act tions that you might have regarding the Hon. THOMAS J. BLILEY, (the ‘‘Coordination Act’’) by 90 days. We above comments. Chairman, Committee on Commerce, U.S. House offer two basic but highly important reasons Sincerely, of Representatives, Washington, DC. for supporting this delay in the effective JUDY LAU, CFP, DEAR CHAIRMAN BLILEY: I am writing to re- date to July 8, 1997. President. quest that Congress extend the effective date First, as a professional association in- f of Title III of the National Securities Mar- volved in the original legislative process, we kets Improvement Act of 1996 for 90 days, are fully aware of the substantive changes GREEK INDEPENDENCE DAY, 176 from April 9 to July 8, 1997. Title III reallo- made to the Investment Advisers Act of 1940 YEARS OF FREEDOM AND DE- cates regulatory responsibilities over invest- that led to the current regulatory challenges MOCRACY ment advisers between the states and the facing the Securities and Exchange Commis- Commission. sion (the ‘‘SEC’’). And we strongly commend SPEECH OF The Commission has made substantial the SEC on having successfully met the ini- progress in completing the many rulemaking tial challenge of the implementation process HON. JOHN EDWARD PORTER directives given to the Commission in the by issuing a proposed rulemaking within a OF ILLINOIS Improvement Act. In October, the Commis- tight deadline and addressing all of the criti- IN THE HOUSE OF REPRESENTATIVES sion proposed a rule providing a safe harbor cal issues raised thereunder. We are con- to allow journalists access to off-shore press Tuesday, March 18, 1997 cerned, however, that the remaining amount conferences. In December, we proposed rules of time is not enough to address the many Mr. PORTER. Mr. Speaker, I rise along with implementing new exemptions from the In- formal comment letters (including our own) many of my other colleagues to commemorate vestment Company Act for pools sold only to which were submitted prior to the February Greek Independence Day. On March 25, qualified investors. The Commission also 10 deadline—a total of about 80 mostly sub- 1821, Greece became independent of the proposed, on December 18, 1996, rules to im- stantive comment letters—as we understand plement Title III. Ottoman Empire and began its long, and The Commission is making every effort to it. We believe that the SEC needs additional sometimes difficult, journey back to democ- meet the legislative deadlines of the Im- time to properly respond to the issues raised racy, freedom, stability, and prosperity. provement Act. Our rule proposals were is- by these comments, resulting actions that As the birthplace of democracy, Greece has sued only two months after the legislation will result in a momentous sea-change of always been a special place for America and regulation for 22,000-plus registered individ- was enacted, and the comment period for the Americans. In this diverse and culturally rich proposals ended earlier this week. While we ual investment advisers and firms. Second, as you are aware, up to 80 percent land, we see ourselves, our hopes, our past believe the Commission should be able to fin- of all current SEC registrants will withdraw and our future. I am pleased to rise today as ish work on the adoption of the proposed their registration and be subject to state rules by April 9, the effective date of Title a friend of Greece and the Greek people, and regulation. Once the SEC approves the final III, we are very concerned that this time- congratulate them on their dynamic society rulemaking, additional time is necessary to table is likely not to afford investment ad- and their triumph of will. adjust to the new regulatory environment. visers sufficient time to examine the new As our NATO ally and partner in the global The SEC must have adequate time to distrib- rules, consult with counsel as to their con- village, we work closely with Greece to bring ute the final published forms, and current tinuing regulatory status, and properly com- registrants must have time to digest the new about goals of mutual aspiration and concern. plete and submit the required forms. mandates, and return the appropriate forms I must take this opportunity to thank and con- We are also concerned about the effect of gratulate the Greek Government for the posi- the April 9th effective date on state regu- for de-registration or continued federal reg- latory programs. As you know, Title III as- istration. Further, the Institute and others tive role that they are playing in mediating with signs important responsibilities for the regu- raised questions about the ability of certain the Serbian government in a quiet, behind the lation of investment advisers to state regu- advisers to be able to report accurately, for scenes mannerÐthey have been effective lators. Because Title III will become effec- example, the aggregate assets under manage- where others have failed in persuading tive on April 9th (whether or not the pro- ment without some minor changes in the re- Milosevic to loosen his strangle-hold on Serbia porting requirements suggested in the pro- posed rules are adopted), state law will be and begin moving toward reform. I also call on preempted as to all advisers still registered posed rulemaking. For many of these reg- istrants, the proposed rulemaking itself them to be this same kind of force for good with the Commission, including those advis- with their neighbor Albania during these dif- ers that will be exclusively regulated by the raised new questions and issues. No doubt states. If all (or most) advisers remain reg- the final rule also will generate some addi- ficult days for that country. istered with the Commission on April 9 be- tional questions, but even if the major issues I congratulate Greece on its efforts to mend cause they have not submitted the required are clarified, the unique nature of each indi- fences with its neighbor Turkey and resolve forms, much of state investment adviser vidual adviser’s practice will leave some their differences. While these overtures have 14 laws will be preempted, compromising state questions unanswered. not always been well received, the effort is al- regulatory and enforcement programs. ways worth making, and Greece is the better By dividing jurisdiction over the 22,500 ad- 13 The Institute of Certified Financial Planners is a for these efforts. visers currently registered with the Commis- Denver-based professional organization representing 11,000 Certified Financial Planner members nation- I thank my colleague, MICHAEL BILIRAKIS sion, the Improvement Act promises to pro- from Florida, for organizing this special order, vide more efficient and effective regulation wide. The Institute serves as a resource to federal and state legislators on issues related to financial of the investment advisory industry. The and I appreciate his leadership on this issue. planning. I have enjoyed working with him on a wide Commission strongly supported the enact- 14 The questions received from members are of ment of the Act and has moved quickly to course too numerous to recount in this letter. To implement its purposes. We believe that by provide one example not addressed in the proposed that contracted them to perform this specific serv- providing an additional 90 days, Congress rulemaking was a situation involving an SEC-reg- ice. It was not clear to this person whether the ad- will allow investment advisers adequate istered adviser in the state of Ohio which has no viser’s employees who provided advice on these time to meet their obligations under the new state investment adviser statute. The adviser pro- 401(k) plans would be subject to state or federal reg- vides personal advice to a few clients but primarily istration or notice filings, etc., as investment ad- rules and will avoid disrupting state regu- offers through her advisory firm investment man- viser representatives, supervised persons, etc., under latory efforts that are important if the goals agement seminars in other states, on behalf of cor- the proposed rulemaking. This unique situation is of Title III of the Improvement Act are to be porations which administer their own 401(k) plans, one of many that undoubtedly will not be addressed achieved. or on behalf of other investment management firms under the final rulemaking. March 19, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E517 range of human rights issues, and I look for- Galveston County looked into this idea in monthly benefit they would have under So- ward to continuing to do so in the future. I also 1979. Then-County Attorney Bill Decker cial Security. thank the Greek-American community for hold- asked Don Kebodeaux, president of First Fi- This plan is not just an isolated act by a nancial Capital Corp. of Houston, to devise a group of extraordinarily responsible and ing Members of Congress to a high standard, plan for the county’s employees to opt out of dedicated Texans. In 1937 the Houston Fire and supporting the work that we do in the Social Security. Mr. Kebodeaux and First Fi- Department set up its own retirement sys- Congress. This is a special day for all of usÐ nancial’s Rick Gornto designed a retirement tem, which now has more than $1 billion in I look forward to celebrating it every year and plan that was many times better than Social assets. Retired firefighters receive more sending fondest good wishes to Hellenes all Security program. In 1980 they presented than three times the amount Social Security over the world. their plan to former Galveston County Judge pensioners do. There are countless other ex- f Ray Holbrook, County Attorney Bill Decker amples of other local and state governments and the Commissioners Court, the county’s showing the same responsibility and initia- PRIVATIZING SOCIAL SECURITY administrative body. tive. Five states have opted out of Social Se- The first beauty of the plan was its sim- curity and have their own plans: California, plicity. The 6.13% payroll tax that the fed- Nevada, Maine, Ohio and Colorado. HON. PHILIP M. CRANE eral government had been taking from coun- Congress knows that privatization will OF ILLINOIS ty employees for Social Security would now succeed—or it should know. In 1984 it set up IN THE HOUSE OF REPRESENTATIVES go into the employees’ pension fund and the Thrift Savings Plan, for government em- Wednesday, March 19, 1997 would be matched by the county with an ad- ployees only, whose ‘‘C’’ Fund is adminis- ditional 6.13%. The new plan included the tered entirely by Wells Fargo Funds and has Mr. CRANE. Mr. Speaker, the Social Secu- same employee benefits Social Security did: succeeded well beyond anyone’s imagination. rity system in the United States is headed to- pensions and life and disability insurance. In The plan’s three funds today total more than ward bankruptcy. Neglecting to discuss fun- recent years the county has increased its $28 billion. Under the Thrift Savings Plan, if damental reforms of this program, will only participation to 7.65%, which covered the an employee making $35,000 per year invests lead to last minute band-aid solutions, which payments of all premiums for life and dis- 10% of his pay each year, after 30 years he means Congress will be back dealing with the ability insurance. The life insurance benefit will have more than $1.2 million in the re- issue again, sooner rather than later. Instead for those under age 70 is 300% of one’s annual tirement fund. earnings; the minimum benefit is $50,000 and of deciding how best to extend Social Secu- In August 1996 Frost Bank of San Antonio the maximum $150,000. published a survey on Social Security in rity's solvency, past arguments in Congress The local unions fought the idea at first, which 40% of its respondents strongly sup- have sadly focused on blame shifting between and several Galveston County officials also ported retirement accounts consisting of political partiesÐmore about who is trying to opposed the action. Many spirited debates stocks and bonds and 55% opposed raising cut Social Security and less about how to between Social Security representatives and payroll taxes. save Social Security. the men from First Financial were held If Social Security were privatized for all throughout the county; county employees I am inserting an article in the RECORD Americans, those who work in the private which was published in the Wall Street Jour- listened carefully and made sure they got an- sector, including the self-employed, would swers to all their questions. Voting on the nal, that includes several ideas for privatizing benefit as never before. Phasing out the em- question was held in 1981. By a resounding ployer’s share of the Social Security tax our Social Security System. While some may margin of 78% to 22%, the Galveston County would, over time, return to the business be unsure that privatization is the long-term employees endorsed the idea and the county community more than $169.2 billion per year. solution to Social Security, I submit this article opted out of Social Security. Freedom from these payroll taxes would be a in the hope it will generate discussions on this Years later, a retired Mr. Decker told the tremendous boon to the economy, allowing issue. I hope my colleagues have a few min- story of how a number of unionized county the creation of countless new jobs in every utes to review this article, and will look at fun- workers thanked him for his wisdom and sector. guidance. They said that at first they had se- damental reform of Social Security as the only rious doubts about giving up Social Secu- A WINNER FOR DECADES way to truly address the issue at stake: rity’s guarantee of fixed income, but that ‘‘We currently pay over $1.3 million in [From the Wall Street Journal, Jan. 16, 1997] now that they were getting ready to retire matching Social Security taxes annually,’’ SOCIAL SECURITY PRIVATIZATION IS HERE with significantly higher benefits, they were says Larry N. Forehand, president of the (By E.J. Myers) very happy they did. Texas Restaurant Association and founder of ‘‘Of all the things I accomplished while Casa Ole´ Mexican Restaurants, a fast grow- The report issued last week by President county judge, setting up this retirement sys- ing Texas restaurant chain. ‘‘If our company Clinton’s Advisory Committee on Social Se- tem for Galveston County employees is one had that $1.3 million a year to invest in new curity has confused more than a few con- of my proudest achievements,’’ says Judge locations, we could build six additional res- cerned citizens—not just because of its heavy Holbrook, who retired in 1994. He points out taurants, employ an additional 450 people dosage of technical jargon, but also because that after just 12 years of service under the and add $7.2 million to the economy every the committee itself was incapable of reach- alternate plan he is now receiving twice as year. It is estimated that all the restaurants ing a clear consensus on what to do about much as he would have under Social Secu- in Texas will save $1.2 billion per year.’’ Social Security. And now there are serious rity. Privatization has been a winner for dec- questions about whether the technical jar- Seeing the tremendous potential in a plan ades for various government entities. It’s gon spun out by the committee is even worth like Galveston’s, in 1982 Brazoria County time to extend the benefits to all. the graph paper it’s printed on. It appears opted out of Social Security in favor of a that the old adage about a camel being a f similar plan. A year later Matagorda County horse put together by a committee was right did, too. Both of these counties made their THE MICROCREDIT FOR SELF- on target. And when that committee is based employees’ contributions 6.7%, improving a in Washington, the camel is likely to end up RELIANCE ACT OF 1997 great retirement plan by providing for even with three humps. greater returns. While Washington may be incapable of put- Tolbert Newman, the First Financial fund HON. AMO HOUGHTON ting together a solution for a problem of its manager who oversees the retirement plans OF NEW YORK own making, the rest of us don’t have to give for these three counties, cites the following IN THE HOUSE OF REPRESENTATIVES up on Social Security reform. In fact, from example of the growth that can be achieved Thomas Jefferson to Howard Jarvis, Ameri- in such an alternate pension fund. If an indi- Thursday, March 19, 1997 cans have a long tradition of trumping vidual begins working at 25 years old and Mr. HOUGHTON. Mr. Speaker, I rise today central government dictates with local solu- makes a $2,000 annual contribution for just with my good friend and colleague, TONY tions that work. And in south Texas, along 10 years, assuming an 8% interest rate, he the windswept Gulf Coast, there are three will have $314,870 when he retires at age 65. If HALL, and a bipartisan group of over 20 other history-filled counties—Galveston, Brazoria an employee works continuously for 40 Members, to introduce the Microcredit for Self- and Matagorda—that years ago put into ef- years, depending on contributions, his por- Reliance Act of 1997. fect Social Security privatization plans that tion of the pension fund could be more than The goal of this bill is to help impoverished Washington policy wonks still haven’t even $1 million. people around the world achieve dignity and conceived of. Galveston’s once-fledgling employee bene- economic independence for themselves and BEAUTIFUL SIMPLICITY fit plan has stood the test of time, showing their families through microenterpriseÐa pro- Until the early 1980s, state and local gov- that it can and does outperform Social Secu- ernments had the right to opt out of Social rity. Today, with more than 5,000 employees gram designed to help provide people with Security and establish their own retirement from these three counties, First Financial small, low interest loans to start a business systems for public employees. This option has grown a very healthy and sizable port- and bring themselves out of poverty. was provided by the Social Security Act, folio. Those who retire after 20 years of serv- Specifically, the Microcredit for Self-Reliance passed in the 1930s. ice will receive three to four times the Act is a vehicle through which the United E518 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 1997 States can give a higher priority to microcredit that goal was making it to the State Class A Carteret hotels and the British Army inhabited internationally, and work toward the goal of championship game. Although they were not the Kingsley Arms Hotel. This presence en- the 1997 Microcredit SummitÐto reach 100 victorious, the hardwork and dedication they abled local residents to survive gas rationing million of the world's poorest families, espe- demonstrated throughout the year will not be and other wartime shortages. cially the women of those families, with credit without notice. After all, they were honored as: On the nearby boardwalk, the Casino and for self-employment and financial and busi- 1997 Tri-Lakes Conference Champions, 1997 Convention Hall were utilized for other pur- ness services by 2005. District 5 Champions, 1997 Region 3 Cham- poses. Since the twenties, entertainers per- Our bill builds upon the successes of the pions, and 1997 State Runner-up. formed and trade shows and folk festivals Grameen Bank of Bangladesh, which was These women of Celina High School trained were held in these massive structures which started by Mohammed Yunus in 1983. I'd rec- vigorously, played tirelessly, and deserve rec- were designed by architects Warren and ommend that each of my colleagues read the ognition for a job well done. Wetmore, who also designed New York's book ``Give Us Credit,'' by Alex Counts, which I congratulate each member of the team, Grand Central Station. eloquently tells the story of how Mr. Yunus their head coach, Joe Sims, and all the assist- Asbury Park can also claim the distinction of brought so many of his fellow citizens out of ant coaches, managers, school administrators, being the first seaside resort in the country to poverty through microlending. and all other support staff. I know they won't adopt a sanitary sewer system and its trolley The U.S. Agency for International Develop- soon forget this milestone, and those that are system was only the second electric system ment [USAID], under the able leadership of still to come. built in the United States. Brian Atwood, has also been involved in The players are true champions: Nicole Mr. Speaker, while Asbury Park has suf- microenterprise for awhile now, and has been Davis, Jennifer Davenport, Kaylin Walker, fered from a loss of revenues in recent years doing a good job at it. Also, groups such as Amanda Kendall, Tara Ashlock, Michelle and the relocation of many stores to the shop- Results, a grass roots support group headed Chambers, Crystal Price, Amber Isenberg, An- ping malls, it still boasts wonderful beaches, a up by Sam Daley-Harris, has worked tirelessly drea McLerran, Trinity Weddle, Amanda great boardwalk, wide streets, historic archi- in promoting the ideals of microcredit, cul- Thompson, Erica Melton, Janet Barlow, tecture and a corps of dedicated citizens and minating in their successful Microcredit Sum- Courtney Cross, Dana Key, Cera Burnette, public officials dedicated to its rebirth. In my mit, which was held here in Washington last and Claudia Bailey. mind, the restoration of Asbury Park to its po- month. f sition as a premier vacation and cultural cen- Mr. Speaker, this bill calls for no new funds. ter is well within our grasp and I pledge to Rather, we're calling for more of our existing TRIBUTE ASBURY PARK ON ITS 100TH ANNIVERSARY work hard to see that this dream of ours is re- funds to be used to support microcredit pro- alized. grams. Specifically, the bill asks for $170 mil- f lion for fiscal year 1998 and $180 million for HON. FRANK PALLONE, JR. fiscal year 1999 to be allocated to USAID for OF NEW JERSEY THE INDONESIA MILITARY AS- microcredit assistance. Half these resources, IN THE HOUSE OF REPRESENTATIVES SISTANCE ACCOUNTABILITY ACT at least $85 million for fiscal year 1998, and Wednesday, March 19, 1997 $90 million for fiscal 1999, would go to institu- Mr. PALLONE. Mr. Speaker, I am very hon- HON. PATRICK J. KENNEDY tions serving the poorest 50 percent of those ored to represent the city of Asbury Park, NJ, OF RHODE ISLAND living below the poverty line, especially which this week is celebrating its 100th anni- IN THE HOUSE OF REPRESENTATIVES women, with loans under $300. versary. Wednesday, March 19, 1997 In addition, we'd like to provide $20 million If you mention Asbury Park to anyone in this for special initiative within the International country under the age of 45, they will often Mr. KENNEDY of Rhode Island. Mr. Speak- Fund for Agricultural Development [IFAD] to recognize it as the city Bruce Springsteen put er, as you are aware, I am very concerned support community based micro-finance insti- on the map. about conditions in the former Portuguese col- tutions that serve the very poor in rural areas. I am a great fan of Bruce Springsteen whom ony of East Timor. Particularly, I believe I Why Microcredit? Well, the World Health Or- I consider a true musical talent and whose bring a unique perspective to the debate be- ganization reports that poverty is the leading album ``Greetings from Asbury Park,'' did in- cause I am one of the few Members of Con- cause of death worldwide. Over 1 billion peo- deed familiarize millions with our city. But I am gress to have visited the good people of East pleÐor one-fifth the world's populationÐlive in quick to point out that Asbury Park was a fa- Timor. As a legislator, I have been privy to the extreme poverty. Microcredit is one of the mous seashore resort for almost a century be- debate in Congress over the responsibility of most effective antipoverty tools in existence, fore Bruce Springsteen entered the musical the United States to fight for human rights allowing people to eradicate poverty and hun- scene. world wide. ger in their own lives. In fact, Asbury Park was attracting great Up until 21 years ago, East Timor was a The microcredit program enjoys broad bipar- musical talent starting perhaps in 1904 when colony of Portugal. In 1975, the small, emerg- tisan support. These programs not only help Arthur Pryer, a member of the John Philip ing nation of East Timor was brutally invaded millions work their own way out of poverty, but Sousa band, began a series of concerts on by the nation of Indonesia. Over the past 21 also recycle foreign aid dollars through loan the boardwalk. According to a history compiled years, the people of East Timor have been repayments. Microcredit loans are self-sustain- by Florence Moss, ``Men in white straw hats subjected to some of the worst abuses of able. They are easily replicable and powerful and women in white-linen bustled dresses, human rights in the world. The Indonesian vehicles for social development. carrying lace-trimmed umbrellas, would prom- government has been a cruel and repressive Mr. Speaker, I hope you'll join me in support enade the length of the mile long boardwalk.'' dictatorship. of the Microcredit for Self Reliance Act of Founded decades earlier by James A. Brad- More than 200,000 East TimoreseÐalmost 1997. ley, a developer with great foresight, and one-third of the populationÐhave been killed f named after Francis Asbury, the father of or have died from starvation after being forced HONORING CELINA HIGH SCHOOL Methodism in the United States, Asbury Park from their villages. All attempts at peaceful GIRLS BASKETBALL TEAM FOR changed from sand dunes and forests to an protest have been met with violent oppression. AN OUTSTANDING SEASON exclusive seashore resort during the latter part This attack cannot be countenanced and this of the 1800's. Until the rail line was extended violence must end. HON. BART GORDON farther south, wealthy residents of Newark and Abduction, torture, suppression of dissent, New York would take the train to Long Branch and disappearances are common occurrences OF TENNESSEE under the Indonesian occupation of East IN THE HOUSE OF REPRESENTATIVES and then be picked up by horse and carriage and transported to Asbury Park. Timor. Suppression of the East Timorese inde- Wednesday, March 19, 1997 The twenties was a rip-roaring era at the pendence movement includes arbitrary deten- Mr. GORDON. Mr. Speaker, I rise today to Jersey Shore featuring a rather booming and tion, use of secret detention facilities, rape, acknowledge the accomplishments of a dedi- lucrative prohibition period. This in turn was torture frequently resulting in death. These cated group of young women who worked to- followed some years later by the big bands abuses occur in large part due to the free gether in the true spirit of sportsmanship to and the likes of Count Basie and Frank Si- hand given to the military to suppress the achieve a long-awaited goal. natra and other music greats. independence movement. The group is the Celina High School Lady During World War II, the British Navy took In December of last year, I visited the Indo- Bulldogs basketball team of Celina, TN, and residence in the Monterey and Berkeley nesian-occupied land of East Timor. One of March 19, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E519 the greatest honors of my life was attending without a law on the books to impose change UPS: BREAKING THE SOUND Christmas midnight mass celebrated by Bish- on Indonesia. I look to the rest of my congres- BARRIER op Belo, one of the two 1996 Nobel Peace sional colleagues to support this legislation, in Prize winners, and spending Christmas Day order that we send a clear and unmistakable HON. EDOLPHUS TOWNS with him. My visit there has made me truly re- message to IndonesiaÐthat they must cease OF NEW YORK double my efforts on behalf of the people of violating the human rights of the people of In- IN THE HOUSE OF REPRESENTATIVES East Timor and Indonesia. donesia, particularly in East Timor. There is no question that the attacks and Wednesday, March 19, 1997 f abuses are escalating throughout Indonesia. Mr. TOWNS. Mr. Speaker, I want to high- Since Christmas Eve, there have been numer- PARTNERS IN ACHIEVING light a monumental achievement accomplished ous roundups by security forces. A recent LITERACY by one of America's premier deliverers of mail New York Times editorial cited the effects of and packages, the United Parcel Service this crack down on nongovernmental organiza- HON. VIC FAZIO [UPS]. As part of a national mandate, UPS tions. This latest instance of violence against has become the first major North American the people of East Timor and Indonesia re- OF CALIFORNIA airline to fully comply with stage 3 aircraft quires an immediate response from the U.S. IN THE HOUSE OF REPRESENTATIVES noise reduction regulations, 3 years before the Government. Wednesday, March 19, 1997 federally mandated deadline. As a former Portuguese colony, the con- Mr. FAZIO. Mr. Speaker, I rise today to pay Indeed, this ambitious and expensive initia- cerns of the Portuguese-Americans for the tribute to the Vacaville Reporter, Solano Coun- tive undertaken by UPS speaks volumes human rights situation in East Timor have ty businesses, the students and kids who par- about the company's commitment to promot- been great. Indeed, as I travel across the ticipate in the Partners in Achieving Literacy ing quieter and more efficient transport of par- country, it is primarily in the Portuguese com- Program. cels. Today, all 197 jets in the UPS fleet will munities, and of course the large Portuguese I am proud to say that more than 100 busi- comply with the stage 3 noise-reduction rule. communities in Rhode Island, that I hear con- nesses throughout Solano County have come The number of residents in noise-impacted cerns over the plight of these people half way forward to join Partners in Achieving Literacy areas will be reduced by 80 percent. Clearly, around the globe. Senator Pell and former (PAL) with the Vacaville Reporter in helping UPS has set a standard that other airlines Representative Ron Machtley both raised my local kids stay on top of their school work and should strive to emulate. awareness of this issue. Unfortunately, things their citizenship. Using current technology, UPS planes will have not changed. What was true then was More than 5,000 students in Travis, Dixon, now utilize 18 percent less fuel. Additionally, true now, human rights in East Timor have not Vacaville and Fairfield/Suisun School District instead of a 22-square-mile area being af- improved. participate and benefit from this year's pro- fected by noise, the area will now be 6.5 This year's U.S. Department of State human gram alone. Teachers from more than 120 miles. rights report clearly classifies the country of In- classrooms use the Reporter as a teaching 1997 marks the 50-year anniversary of the donesia as one of the worst violators of tool in subjects ranging from geography to ec- historic flight in which Capt. Chuck Yeager ex- human rights. The report highlights those ac- onomics to civics to current events. Thanks to ceeded the speed of sound. UPS has now tions based on authoritarian efforts to sup- lesson plans that have been suggested to broken a new sound barrier that will provide press dissent, enforce cohesion and restrict local teachers by the Reporter, reading and long-term benefits for the environment, the air- opposition groups and nongovernmental orga- math skills have been heightened. We need line industry, and citizens. Other airlines nizations. The report has over 30 pages dedi- more interaction between business and stu- should follow the lead of UPS and achieve cated to the intolerable human rights situation dents like Partners in Literacy if we are to pre- early compliance with stage 3 aircraft noise re- in Indonesia. pare our children and students for the chal- duction regulations. The bill that I am introducing today, the In- lenges of the 21st century. f donesian Military Assistance Accountability Weekly features in the Reporter like Kids Act, will attempt to confirm a commitment from MARY MULHOLLAND: THE SPIRIT Tech, Rooster Tails and Kids Talk have gotten Indonesia to cease the human rights violations OF SERVICE even more kids involved in learning about the throughout the country. The bill imposes mili- issues of the day and the issues that affect tary sanctions on the country of Indonesia if its their community. HON. RODNEY P. FRELINGHUYSEN human rights record fails to improve. Programs like the Reporter's PAL Program OF NEW JERSEY I have worked closely with numerous human is an essential component to our overall na- IN THE HOUSE OF REPRESENTATIVES rights groups, and nongovernmental organiza- tional education strategy. As employers in our Wednesday, March 19, 1997 tions, to establish the most effective way to community come to depend more and more protect the people of East Timor and other Mr. FRELINGHUYSEN. Mr. Speaker, I rise on a skilled and technical workforce for tomor- parts of Indonesia, such as Aryan Jaya, where today to pay tribute to Mary Mulholland, an ex- row's economy, it is critical that we have the human rights atrocities are being committed. traordinary woman from Morris County, NJ, for Specifically, the bill conditions United States educated labor pool to fill those jobs. her years of dedicated service to the people of arms sales and transfers on a few achievable Mr. Speaker, please join me in honoring our county and State. policy reforms by the Government of Indo- The Vacaville Reporter, the businesses of So- Mr. Speaker, there is hardly a person in nesia in the areas of free and fair elections, lano County and most of all the kids and Morris County who has not been touched by labor rights, protection of nongovernmental or- schools who participate in the Partners in Lit- the innate kindness of Mary Mulholland. Over ganizations, including human rights, environ- eracy program. the years, she has been ever present in the mental, and religious foundations, rights and f many volunteer and service organizations that protections for the people of East Timor, re- make our county one of America's most won- lease of political prisoners, and fair trials for PERSONAL EXPLANATION derful places to live, work and raise a family. such persons. Educated at the College of Saint Elizabeth Indonesia repeatedly denies that there is a HON. KAREN McCARTHY in Convent Station, Mary went on to work for problem. If this is true, the Indonesians have OF MISSOURI the New York Telephone Co. soon thereafter. nothing to fear by a close investigation of their IN THE HOUSE OF REPRESENTATIVES By the 1950's she was married and raising six human rights practices. children with her husband, the late Dr. Robert Unfortunately, they do have much to fear Wednesday, March 19, 1997 E. Mulholland. Yet somehow, Mary found the and they have been very vocal about any pos- Ms. MCCARTHY of Missouri. Mr. Speaker, time to become involved in community service. sible legislation that I or other congressional the RECORD for Thursday, March 13, incor- True to form, Mary jumped in with both feet Members may introduce. rectly listed my declared intention to vote on and before long she helped found the Morris The bill I am introducing is clearly for mili- rollcall vote Nos. 49 and 50 regarding moving County Aftercare Clinic and the Dope Open, tary sanctions only. But it will send a message the previous question and final passage of the Inc., which became the first in a long line of to Indonesia and it will take away the $26 mil- Paperwork Reduction Act. public service commitments she would lead. lion in military assistance that it receives every Had I been present, I would have voted Mary devotes her time to numerous organi- year if it does not change its ways. We have ``no'' on rollcall 49 and ``yes'' on rollcall 50. I zations, including St. Clares Riverside Foun- waited too long for change and it will not come was present and voted on rollcall No. 48. dation, Dover General Hospital and Medical E520 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 1997 Center, Hope House, the College of Saint Eliz- Canal National Heritage Corridor Commission provides little incentive for Medicare recipients abeth, Centenary College, the United Way, the for another 5 years to 2004. to have regular check-ups and undergo the Easter Seal Society and even the Governor's Designated by Congress in 1984, the I&M routine tests that will prevent serious illnesses Advisory Council for Drug/Alcohol Abuse. Canal National Heritage Corridor was the first and detect diseases at their earliest, most However, nowhere is her presence more evi- ``partnership park'' of its kind and is now a treatable stage. This legislation, if enacted, dent than at the Dope Open, Inc., of which model for such parks throughout the Nation. would encourage Medicare recipients to be she is the founder and president. In three dec- The Corridor stretches 100 miles across Illi- screened for colorectal cancer by providing ades with the Dope Open, she has, through nois, from Chicago to LaSalle/Peru and en- Medicare coverage of those tests. I am her charming personality, conviction and abso- compasses 450 square miles. Its rich heritage pleased to be joined by 14 cosponsors in in- lute tenacity, raised more than $1 million to and recreational opportunities attract countless troducing this important legislation. fight drug abuse and chemical dependency. visitors to the area and enhance the pride of It is particularly timely that this legislation be Each year, Mary continues her relentless bat- local residents. Simply put, the Corridor is of considered at this time. Over the past 2 to 3 tle to help juveniles in our community who great historical significance to the State of Illi- years, there has been a significant amount of have been robbed of their youth and inno- nois, as well as the entire Nation. work done within the medical community to cence by the scourge of drugs. The Dope Since the creation of the Commission, which develop Guidelines and recommendations on Open provides hope for these lost children coordinates the efforts and resources of Fed- how to screen for colorectal cancer. Several and I am certain that without Mary's foresight, eral, State, and local agencies, we have seen new screening guidelines and revised screen- fortitude and dedication to this effort, many of significant progress being made along the ing recommendations have been released them would have nowhere to turn. Corridor. However, there is still a great deal within the past two months, and new screen- The one thing everyone who knows Mary more that needs to be done. We must con- ing recommendations are expected to be is- can agree on is that a person cannot help but tinue to work to preserve this unique treasure sued within the next few weeks by the Amer- be energized into action when she speaks. for future generations. H.R. 1042 will allow the ican Cancer Society. These Guidelines and When Mary decides to take on a commitment Commission to continue its vital work and fur- recommendations indicate that there is an to help people in our community, she installs ther the successful partnership between Fed- emerging consensus that there are a number in all of us a sense of urgency about the eral, State, and local agencies as they work to of different procedures that can be used to issueÐa sort of call to arms. And Mary is no preserve this important piece of our Nation's screen for colorectal cancer. This legisaltion is figurehead, she provides both the spark, dyna- history. based upon that consensus. mism and energy needed to take on any task, I strongly urge my colleagues to support my The move to develop new screening guide- no matter how daunting or demanding. To that bill, H.R. 1042. lines really started in the spring of 1995 with end, she does us all a public service by bring- f the release of the ``Guide to Clinical Preven- ing out our own compassion and sense of tive Services'' by the U.S. Preventive Services duty to help our less fortunate neighbors. 104 KRBE Task Force. In this report, the Task Force re- Mr. Speaker, each day, thanks to the Hercu- versed the position taken in its 1989 report lean efforts of Mary Mulholland, the future of HON. GENE GREEN and concluded that there was a sufficient sci- Morris County is a little more promising. Mary OF TEXAS entific basis upon which to recommend Mulholland truly embodies the spirit of service IN THE HOUSE OF REPRESENTATIVES colorectal cancer screening, starting at age 50 for most individuals. The report specifically and I thank her for all she has done for our Wednesday, March 19, 1997 community throughout the years. recommended screening average risk individ- f Mr. GREEN. Mr. Speaker, it is very seldom uals with two proceduresÐFOBT and that I get the opportunity to recognize local sigmoidoscopyÐthough it raised concerns PERSONAL EXPLANATION personalities who have unselfishly devoted about the limited effectiveness of these proce- their time and effort to improve the world we dures and questioned the willingness of pa- HON. BOBBY L. RUSH live in. In Houston we are fortunate to have tients to comply with these tests. The report OF ILLINOIS someone like Sam Malone. Sam Malone has also noted discussed screening with IN THE HOUSE OF REPRESENTATIVES been firing up the radio waves for 4 years in colonoscopy and the barium enema, and con- Houston with his cohosts of the ``Morning cluded that there was insufficient evidence to Wednesday, March 19, 1997 Show'' Maria Todd and Psychoo Robbie on recommend for or against screening with ei- Mr. RUSH. Mr. Speaker, on March 5, 1997, 104 KRBE. Aside from providing lively enter- ther test. The report also raised questions re- I voted ``aye'' for rollcall No. 31, which ex- tainment, they have held numerous charity garding the overall cost and risks of screening, pressed the sense of Congress that the dis- events to help our city, including blood drives, particularly with regard to colonoscopy. play of the Ten Commandments in public food drives, and clothing drives. In recognition Many of the questions raised by the U.S. buildings should be allowed. My vote was of their 4th year anniversary, I would like to Preventive Services report have been an- based on my personal brief in the Ten Com- take this opportunity to thank Sam and the swered. The release of the Task Force report mandments as a basic fundament of Christian ``Morning Show'' for their hard work and com- prompted the Agency for Health Care Policy doctrine. After further examination I came to mend everyone at KRBE for their continued and Research [AHCPR] of the Department of the realization that, in spite of my personal be- support to our organizations and charities. Health and Human Services to initiate a 2- liefs, I must recognize that one's personal be- Here's to you Sam, happy anniversary, we year project to examine the scientific and liefs, including my own, cannot usurp the te- look forward to many more years to come. medical literature on all available options for nets which our country is based upon. One of See ya. colorectal cancer screening and to develop those tenets is the separation of church and f Clinical Practice Guidelines on colorectal can- state. This measure is in direct opposition to cer screening. The AHCPR terminated the de- the aforementioned principle. Thus, I would THE COLORECTAL CANCER velopment of specific screening recommenda- like the RECORD to reflect that I am not in sup- SCREENING ACT OF 1997 tions last April, but has completed an ``Evi- port of this measure. dence Report'' summarizing the current evi- f HON. ALCEE L. HASTINGS dence on the various screening procedures. A OF FLORIDA summary of this report, released in February, PRESERVE THE ILLINOIS AND IN THE HOUSE OF REPRESENTATIVES concludes that there is evidence to support MICHIGAN CANAL colorectal cancer screening with all of the Wednesday, March 19, 1997 screening procedures identified in the Preven- HON. WILLIAM O. LIPINSKI Mr. HASTINGS of Florida. Mr. Speaker, I tive Services Task Force reportÐFOBT, OF ILLINOIS am today introducing the Colorectal Cancer sigmoidoscopy, the barium enema and IN THE HOUSE OF REPRESENTATIVES Screening Act of 1997 in order to establish colonoscopy. I ask unanimous consent that colorectal cancer screening as a covered ben- the Summary of the AHCPR Evidence Report Wednesday, March 19, 1997 efit under the Medicare program. Colorectal be included in the RECORD with these re- Mr. LIPINSKI. Mr. Speaker, on February 12, cancer screening is an important element of marks. I introduced legislation to preserve and en- what should be a comprehensive program of The effort to develop Clinical Guidelines for hance the Illinois and Michigan Canal National preventive health care for our senior citizens. Colorectal Cancer Screening did not, however, Heritage Corridor. H.R. 1042 extends the I&M Unfortunately, the current Medicare program end with AHCPR's decision not to complete March 19, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E521 the project. Colorectal Cancer Screening colon screening with the barium enema in son of Connecticut, and Mr. English, the His- Guidelines based on the AHCPR project were order to assure that the screening program we toric Homeownership Assistance Act. completed and published in the February 1997 establish in the Medicare program is adequate This legislation is almost identical to legisla- issue of the medical journal ``Gastro- for African-Americans. It also should be noted tion introduced in the 104th Congress as H.R. enterology.'' The 16 members of the multi- that this option is particularly important for 1662. It is patterned after the existing Historic disciplinary expert panel first assembled by other Americans as well, given that it has Rehabilitation Investment tax credit. That leg- the AHCPR were listed as the authors of the been shown to be significantly more effective islation has been enormously successful in Guidelines, and the project was completed than screening only one-half of the colon with stimulating private investment in the rehabilita- under the direction of the American Gastro- sigmoidoscopy. Moreover, in addition to being tion of buildings of historic importance all enterological Association and a consortium of effective, the barium enema is one of the most across the country. Through its use we have four other gastroenterology organizations that cost-effective screening procedures for both been able to save and re-use a rich and di- had served as the contractor to the AHCPR. average-risk and high-risk individuals. verse array of historic buildings: landmarks These new Guidelines are endorsed by the In conclusion, I would like to emphasize for such as Union Station in Washington, D.C.; American Cancer Society, American College my colleagues the cost-effectiveness of this the Fox Paper Mills, a mixed-used project that of Gastroenterology, American Gastro- legislation. According to the Office of Tech- was once a derelict in Appleton, WI; and the enterological Association, American Society of nology Assessment, colorectal cancer screen- Rosa True School, an eight-unit low/moderate Colon and Rectal Surgeons, American Society ing is capable of saving thousands of Amer- income rental project in an historic building in for Gastrointestinal Endoscopy, Crohn's and ican lives at a cost of only about $13,250 per Portland, Maine. In my own State of Florida, Colitis Foundation of America, Oncology Nurs- life year saved. Colorectal cancer screening is since 1974, the existing Historic Rehabilitation ing Society and the Society of American Gas- also cost-effective when compared with other Investment Tax Credit has resulted in over trointestinal Endoscopic Surgeons. Medicare-covered procedures such as kidney 325 rehabilitation projects, leveraging more The Colorectal Cancer Screening Act of dialysisÐ$50,000 per life year savedÐand than $238 million in private investment. These 1997 embodies the screening recommenda- mammographyÐ$40,000 per life year saved. I projects range from the restoration of art deco tions included in the clinical Guidelines and cite these figures not to argue against these hotels in historic Miami Beach, bringing eco- supported by the AHCPR Evidence Report. It other life-saving devices and procedures, but nomic rebirth to this once decaying area, to should be noted that the legislation includes rather to provide a comparison that dem- the development of multifamily housing in the the option for individuals at average-risk and onstrates the importance of Medicare cov- Springfield Historic District in Jacksonville. high-risk to be screened with the barium erage for such cost-effective procedures as The legislation that I am introducing today enema. It does so because providing patients colorectal cancer screening at a time when we builds on the familiar structure of the existing and their physicians with the option of being are working hard to reduce the level of spend- tax credit but with a different focus. It is de- screened with the barium enema is fully sup- ing in the overall Medicare program. signed to empower the one major constituency ported by these reports, and by the scientific In the end, however, the Colorectal Cancer that has been barred from using the existing and medical literature that provides the basis Screening Act of 1997 is not about cost-effec- creditÐhomeowners. Only those persons who for the recommendations. To be specific with tiveness and economicsÐit is about saving rehabilitate or purchase a newly rehabilitated regard to the Clinical Practice Guidelines pub- lives that are unnecessarily lost to this dis- home and occupy it as their principal resi- lished in Gastroenterology: ease. Colorectal cancer strikes about 145,000 dence would be entitled to the credit that this The Clinical Practice Guidelines recommend Americans each year, and about 55,000 legislation would create. There would be no screening people at average risk for colorectal Americans die of the disease each year. This passive losses, no tax shelters, and no syn- cancer with double-contrast barium enema legislation can save many of these lives, and dications under this bill. every 5±10 years; I urge my colleagues to join me in seeking its Like the existing investment credit, the bill The Clinical Practice Guidelines recommend enactment. would provide a credit to homeowners equal use of the barium enema for screening individ- f to 20 percent of the qualified rehabilitation ex- uals at high risk for colorectal cancerÐindivid- penditures made on an eligible building that is uals with close relatives who have had THE INTRODUCTION OF THE HIS- used as a principal residence by the owner. colorectal cancer or an adenomatous polyp TORIC HOMEOWNERSHIP ASSIST- Eligible buildings would be those that are list- and people with a family history of hereditary ANCE ACT ed on the National Register of Historic Places, nonpolyposis colorectal cancerÐand are contributing buildings in National Register The Clinical Practice Guidelines recommend HON. E. CLAY SHAW, JR. Historic Districts or in nationally certified state use of the barium enema or colonoscopy for OF FLORIDA or local historic districts or are individually list- surveillance of people with a history of ade- IN THE HOUSE OF REPRESENTATIVES ed on a nationally certified state or local reg- nomatous polyps or colorectal cancer. ister. As is the case with the existing credit, Wednesday, March 19, 1997 Although they have not yet been finalized, I the rehabilitation work would have to be per- understand that the American Cancer Society Mr. SHAW. Mr. Speaker, all across Amer- formed in compliance with the Secretary of the will soon issue new recommendations for ica, in the small towns and great cities of this Interior's standards for rehabilitation, although colorectal cancer screening. The legislation country, our heritage as a nationÐthe physical the bill would clarify the directive that the that I introduce today is consistent with the ap- evidence of our pastÐis at risk. In virtually standards be interpreted in a manner that proach that has been taken by the American every corner of this land, homes in which takes into consideration economic and tech- Cancer Society in developing these new rec- grandparents and parents grew up, commu- nical feasibility. ommendations. nities and neighborhoods that nurtured vibrant The bill also makes provision for lower-in- One final consideration guided the develop- families, schools that were good places to come home buyers who may not have suffi- ment of this colorectal cancer screening legis- learn and churches and synagogues that were cient federal income tax liability to use a tax lation, and it is that the colorectal cancer is a filled on days of prayer, have suffered the rav- credit. It would permit such persons to receive particularly deadly disease for African-Ameri- ages of abandonment and decay. a historic rehabilitation mortgage credit certifi- cans. This is discussed in the Summary of the In the decade from 1980 to 1990, Chicago cate which they can use with their bank to ob- AHCPR Evidence Report, which notes that the lost 41,000 housing units through abandon- tain a lower interest rate on their mortgage. National Cancer Institute and other medical ment, Philadelphia 10,000, and St. Louis The legislation also permits home buyers in journals have found that black men and 7,000. The story in our older small commu- distressed areas to use the certificate to lower women with colorectal cancer have a 50 per- nities has been the same, and the trend con- their down payment. cent greater probability of dying of colon can- tinues. It is important to understand that it is The credit would be available for condomin- cer than do white men and women. The medi- not just the buildings that we are losing. It is iums and co-ops, as well as single-family cal literature indicates that this is caused, at the sense of our past, the vitality of our com- buildings. If a building were to be rehabilitated least in part, by the fact that African-Ameri- munities and the shared values of those pre- by a developer for sale to a homeowner, the cans tend to get colorectal cancer in the cious places. credit would pass through to the homeowner. rightÐproximalÐportion of the colonÐthe por- We need not stand hopelessly by as pas- Since one purpose of the bill is to provide in- tion that is not reached by sigmoidoscopy, the sive witnesses to the loss of these irreplace- centives for middle-income and more affluent most common screening procedure currently able historic resources. We can act, and to families to return to older towns and cities, the in use. The Colorectal Cancer Screening Act that end I am introducing today with my col- bill does not discriminate among taxpayers on of 1997 provides individuals the option of a full leagues, Mrs. Kennelly, Mr. Lewis, Mrs. John- the basis of income. It does, however, impose E522 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 1997 a cap of $50,000 on the amount of credit expenditure must be $5,000. At least 5 percent Human Rights and Freedoms and is an expert which may be taken for a principal residence. of the qualified rehabilitation expenditures on the situation in Kosova. On February 6, The Historic Homeownership Assistance Act would have to be spent on the exterior of the 1997, he addressed the Congressional Com- building. mission on Security and Cooperation in Eu- will make ownership of a rehabilitated older Mortgage Credit Certificate Provision for home more affordable for homeowners of Low and Moderate Income Homeowners: rope. modest incomes. It will encourage more afflu- Taxpayers who do not have sufficient federal I am inserting Dr. Gashi's statement to the ent families to claim a stake in older towns income tax liability to make use of the cred- Commission at this point in the CONGRES- and neighborhoods. It affords fiscally stressed it could elect to receive, in lieu of the credit, SIONAL RECORD. cities and towns a way to put abandoned an Historic Rehabilitation Mortgage Credit STATEMENT BY ALUSH A. GASHI, buildings back on the tax roles, while strength- Certificate in the face amount of the credit I ening their income and sales tax bases. It of- to which the taxpayer is entitled. The tax- Mr. Chairman, ladies and gentlemen. payer would then transfer the certificate to Thank you for this opportunity to speak fers developers, realtors, and homebuilders a the mortgage lender in exchange for a re- new realm of economic opportunity in revitaliz- with CSCE on the timely and critical subject duced interest rate on the home mortgage of repression of human rights and freedoms ing decaying buildings. loan. The mortgage lender would be per- in the Republic of Kosova. Mr. Speaker, this bill is no panacea. Al- mitted to reduce its own federal income tax It was almost three years ago—on May 9, though its goals are great, its reach will be liability by the face amount of the certifi- 1994—that I last appeared before the CSCE. modest. But it can make a difference, and an cate. Then as now, I just arrived from Prishtina, importance difference. In communities large Targeted Flexibility for Historic Rehabili- the capital of the Republic of Kosova. Then and small all across this nation. The American tation Standards: For buildings in census as now, I sadly reported that the human tracts targeted as distressed or located with- dream of owning one's home is a powerful rights situation in Kosova had degenerated. in an Enterprise and Empowerment Zone, Then as now, I must regrettably tell you force. This bill can help it come true for those the Secretary would be required to give con- that repression, violence and terrorism di- who are prepared to make a personal commit- sideration to: (1) the feasibility of preserving rected at Albanians has escalated. Then as ment to join in the rescue of our priceless her- existing architectural or design elements of now, I reaffirmed our commitment to peace- itage. By their actions they can help to revital- the interior of such building; (2) the risk of ful resistance under the leadership of Presi- ize decaying resources of historic importance, further deterioration or demolition of such dent Rugova and his government. create jobs and stimulate economic develop- building in the event that certification is de- It has been said that the more things ment, and restore to our older towns and cities nied because of the failure to preserve such change, the more they stay the same. In interior elements; and, (3) the effects of such Kosova, things have gotten much worse. a lost sense of purpose and community. deterioration or demolition on neighboring Although I speak to you as a human rights I ask unanimous consent that the text of the historic properties. activist, I also speak as a citizen of the Re- bill and an explanation of its provisions be No Passive Activity Rules, No Income Cap public of Kosova who has experienced first- printed in the RECORD. on Eligibility: Passive activity rules would hand the terrible repression of the Belgrade ‘‘HISTORIC HOMEOWNERSHIP ASSISTANCE ACT’’ not apply because by occupying and rehabili- regime. Legislation to create a 20 percent tax cred- tating a qualifying residence, the individual II it for the rehabilitation of a historic struc- is not an investor but utilizing the property Perhaps the U.S. State Department annual ture occupied by the taxpayer as his prin- as his primary residence. There would be no human rights report described the human cipal residence was sponsored last Congress income cap because the proposed legislation rights crisis in Kosova most accurately. In by Representatives Clay Shaw (R–FL) and is intended not only to foster homeownership that report issued a week ago on January 30, Barbara Kennelly (D–CT) in the House, and and encourage rehabilitation of deteriorated 1997, the U.S. said: ‘‘The human rights record by Senators John Chafee (R–RI) and Bob buildings, but also to promote economic di- continued to be poor. The police committed Graham (D–FL) in the Senate. Although this versity within neighborhoods and increased numerous, serious abuses including legislation did not become law, it received local ad valorem real property, income and extrajudicial killings, torture, brutal beat- considerable support in Congress and we are sales tax revenues. ings, and arbitrary arrests. Police repression planning for reintroduction next session and Process for Certifying Qualified Rehabili- continued to be directed against . . . par- an active campaign to secure its passage. tation Expenditures: Maintains the certifi- ticularly the Albanians of Kosova . . . and cation process for the existing rehab credit, was also increasingly directed against any GOALS OF THE HISTORIC HOMEOWNERSHIP but authorizes the Secretary of the Interior citizens who protested against the govern- ASSISTANCE ACT to enter into cooperative agreements allow- ment.’’ Expand homeownership opportunities for ing the State Historic Preservation Offices The State Department reported that Ser- low- and middle-income individuals and fam- (SHPOs) and Certified Local Governments bian authorities killed 14 Albanians in 1996. ilies; (CLGs) to certify projects within their re- Torture and cruel forms of punishment were Stimulate the revival of declining neigh- spective jurisdictions. The SHPOs would directed against Albanians. Serbian police borhoods and communities; have the authority to levy fees for process- frequently extracted ‘‘confessions’’ during Enlarge and stabilize the tax base of cities ing applications for certification, provided interrogations that routinely included beat- and small towns; that the proceeds of such fees are used only ing of suspects’ feet, hands, genital areas and Preserve and protect historic homes. to defray expenses associated with the proc- heads.’’ The police use their fists, night- MAJOR PROVISIONS OF THE HISTORIC essing of the application. sticks, and occasionally electric shocks,’’ HOMEOWNERSHIP ASSISTANCE ACT Revenue Loss Estimate: The Congressional the report said, adding that the police ‘‘often Joint Committee on Taxation has estimated beat persons in front of their families’’ as a Rate of Credit, Eligible buildings: The rate means of intimidating other innocent citi- of credit is 20 percent of qualified rehabilita- the revenue loss of the Historic Homeowner- ship Assistance Act to be $368 million over a zens. tion expenditures. Eligible buildings include The report told of an incident last July in seven year period. those listed on national or federally-certified which ‘‘several ethnic Albanian vendors in state and local historic registers, and build- f an open market near Prishtina were beaten ings which are located in national or feder- HUMAN RIGHTS IN KOSOVA by Serbian financial police, who accused ally-certified state and local historic dis- them of not having their vendor’s licenses in tricts. Eligible buildings (or a portion) must order. According to the victims, the police be owned and occupied by the tax payer as HON. ELIOT L. ENGEL stole all the merchandise from the vendors his principal residence. Condominiums and OF NEW YORK without even looking at their papers, and cooperatives would be eligible for the tax then left the scene.’’ credit. Rehabilitation would have to be per- IN THE HOUSE OF REPRESENTATIVES Albanian children were not spared. The formed in accordance with the Secretary of Wednesday, March 19, 1997 Council for the Defense of Human Rights and the Interior’s Standards for Historic Reha- Freedoms documented between January and bilitation. Mr. ENGEL. Mr. Speaker, I rise to call atten- June 1996 over 200 cases of mistreatment of Maximum Credit, Minimum Expenditures: tion to the situation in Kosova. As my col- children at the hands of Serb authorities. The maximum credit allowable would be leagues are aware, Kosova is a region in the And the documentation goes on. Police in $50,000 for each principal residence, subject former Yugoslavia which is populated by 92 Kosova use arbitrary arrest and detention. to Alternative Minimum Tax provisions. Re- percent ethnic Albanians, but ruled by Serbia. Trials are delayed. There is no justice. Free- habilitation must be substantial—the great- Since unilaterally withdrawing Kosova's au- dom of speech and the press are non-existent. er of $5,000 or the adjusted basis of the build- Peaceful assembly and association are un- ing—with an exception for buildings in cen- tonomy, Belgrade has carried out a harsh known under the Belgrade regime. Freedom sus tracts targeted as distressed for Mort- campaign of violations of human and political of movement within Kosova as well as for- gage Revenue Bond purposes under I.R.C. rights against the Kosovans. eign travel, and emigration which are tight- Sec. 143(j)(1) and Enterprise and Dr. Alush A. Gashi, M.D., Ph.D., is a mem- ly controlled while repatriation, in effect, is Empowerment Zones, where the minimum ber of the Kosova Council for the Defense of prohibited. March 19, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E523 Just last Sunday, The Washington Times When we voted in 1992, instead of getting lation which will remain . . . a great concern reported that death came for a 34-year-old support from the Serbian opposition, some of of the United States.’’ This insanity must be Albanian school teacher with a knock on the them were asking to cut off our hands with stopped. door that has become a trademark of the which we cast our vote, and to cut off our In Kosova, we have organized our society, Serbian police state system of terror that fingers with which we made the ‘‘V’’ for vic- our institutions, so we urge the inter- has gripped Kosova. Nearly 30 Serbian police tory sign. national community to help us by ensuring circled the teacher’s house at 6 in the morn- Now, we understand Serbian frustrations that Serbia will leave us alone in our state of ing before entering. at not achieving their aspirations for a Republic of Kosova. The police grabbed the teacher’s wife by greater Serbia. We understand that they We are part of the solution. We are com- the neck and demanded she direct them to may want to distance themselves from the mitted to the peaceful resolution of the cri- her husband and ‘‘a hidden gun,’’ according crimes. But we all respect their right to sis and achieving recognition for our right of to family members. The teacher’s father re- demonstrate and achieve seats in their par- self-determination. But structural repression ported that the police found the teacher in liament. against Albanians in Kosova has become un- his bedroom, handcuffed him, and took him We have to see their program. They have bearable and still, under the leadership of away. not yet revealed their policy toward Kosova. President Rugova, Albanians are continuing Two days later, the family discovered their We hope and we wish that they can recognize their peaceful attempt to decolonize Kosova son’s body, beaten and bruised, in a state the new reality in Kosova. We hope that the and establish an internationally recognized hospital. A Serbian doctor and two Albanian Serbian opposition understands that they independent state of Kosova on the basis of colleagues said he died from trauma, with cannot live under a double standard. To ask the referendum held on September 26, 1991, evident bruises and lacerations on his legs respect of their vote and political will in as the best way to protect human and na- and genitals. Serbia and at the same time deny the politi- tional rights of all the population of the Re- In short, in Kosova we have the full denial cal will of Albanians in the Republic of public of Kosova. of human and national rights of Albanians Kosova is unacceptable. The independent Kosova will play an im- imposed by the Serbian regime which has Albanians of Kosova are against violence. portant role in establishing friendly rela- forcefully colonized Kosova and imposed They do support the rights of Serbia to dem- tions between the Albanians and the Serbs in apartheid. onstrate, and they condemn any use of force the Balkans and also in directly influencing III against them. After one decade of peaceful long-term stability in the region. Kosova protests, Albanians of Kosova once again are will become a bridge between the state of Al- While the state of Serbian terrorism has inviting the Serbian opposition, which has bania and the Serbia. This implies special re- not relented in Kosova, there are important protested for several months, to join Alba- lations and open borders between Kosova and developments in Belgrade that confirm not nians of Kosova in their demand for full free- Serbia as well as between Kosova and Alba- everything remains the same. Foremost dom and democracy based on the political nia. among these are opposition protest marches will of Albanians in Kosova which has been As Yugoslavia disintegrates, the new re- and rallies in Belgrade. confirmed by referendum, as well as par- ality is that Kosova is an emerging state in While all of us in Kosova welcome move- liamentary and presidential elections. the Balkans. ment toward democracy in Serbia, the last Kosova wants to see a democratic neighbor It would be tragic if a decision over the fu- Communist state in Europe, and sincerely in Serbia which will end colonization of ture of Kosova would be made against the support the right of the Serbian opposition Kosova. But until that happens, we are in political will of the people of Kosova. That to peacefully protest and demonstrate for de- danger of the possibility of transferring the would be tragic for the ideals of freedom but mocratization of Serbia, our people are ask- conflict from Belgrade to Kosova. also definitely unacceptable for Kosova. ing: Where was the Serbian opposition while The United States attitude toward the Bel- IV. we were protesting against the Belgrade re- grade regime has changed since I last met gime? with you. While the Dayton Accords could We are asking the United States of Amer- Under the leadership of President Rugova, not have been achieved without the support ica to continue its policy of protecting Albanians in Kosova for almost a decade of Belgrade, the world has witnessed again Kosova. We hope that we have learned from have peacefully protested against the Bel- the duplicity, dishonest and disdain which the tragedy of Bosnia that we should not grade regime. Unfortunately, almost ten the tyrant demonstrates toward agreements react too late. years later, the Serbian opposition has not with which they disagree. With all the problems, the United States distanced themselves from the Belgrade tyr- Now, just over a year since the Dayton engagement in Bosnia succeeded in stopping anny or supported stopping violence against agreement was reached, and the outer wall of the war and mass killings, rapes, prison Albanians. sanctions was established, the U.S. has made camps, and the worst misery the world has They have not protested or distanced it clear that it opposes Communist govern- seen since the Holocaust. themselves, even when Serbian authorities ment in Belgrade and supports the opposi- We are asking the U.S. leadership for a killed peaceful Albanian demonstrators in tion protests in Belgrade. peaceful resolution of the question of Kosova various parts of Kosova. The Serbian opposi- We were encouraged by State Department and the total Albanian question in general. tion did not protest when the Serbian regime statements Monday in which the spokesman, Maintaining the ‘‘outer wall’’ of sanctions beat Albanian physicians in front of their pa- Nicholas Burns, said: ‘‘We have always said until a final, acceptable peaceful solution for tients in Kosova’s hospitals, or when Serbian that we believe in enhancement of the politi- Kosova is reached is essential. police beat Albanian teachers, killed Alba- cal rights of the Kosovars.’’ We are asking the USCSCE to exercise its nian parents who were protecting their chil- The U.S. should continue to increase its influence on the Belgrade regime to accept dren in the Albanian education system. pressure on the Belgrade regime, as it has the political reality that exists in Kosova. They did not protest when the Belgrade re- done in recent days. While this increase of Kosova is a question of international sta- gime held political trials of Albanians who pressure is certainly appropriate, it has re- bility. Therefore, we ask the USCSCE for the established the Kosova parliament. Neither sulted along with the success of the opposi- return of OSCE monitors and a permanent did they protest when Serbian authorities tion protests in convincing the Belgrade OSCE presence in Kosova. arbitrarily dismissed Albanians from their Communist regime to once again to play Other democratic nations should follow the jobs, closed down all mass media in Albanian ‘‘the Kosova card.’’ example of the U.S. which directly engaged language, and achieved quiet ethnic cleans- Isn’t it ironic. The beginning of the end of in Kosova through its permanent USIS of- ing in Kosova through police interrogation former Yugoslavia began in Kosova. And fice, and that of many NGOs as well. We wish and torture. now, as the beginning of the end of Serbia- to see more of such activity. Neither did they protest when Serbian Montenegro unfolds, the focuses has again Tuesday night, President Clinton said in apartheid endangered the health and lives of shifted to Kosova. In recent days, the Bel- his State of the Union address that America Albanian people in Kosova, which is a crime grade regime has attempted to stir national- must build for the next century. We as well against humanity, or when the Serbian re- ist passions against the Albanians in Kosova, are seeking to establish our future and that gime expelled Albanians from their apart- just as it did at the start of the Balkans ca- of our children in the next century. ments and replaced them with Serb coloniz- lamity in 1989. How can we accept living under occupation ers from other parts of former Yugoslavia. Then as now, Belgrade regime has turned and colonization, fear and violence which Unfortunately, Serbian opposition did not from rhetoric to rampage. As Nicholas Burns Serbia has imposed on Kosova? We are di- protest and is not protesting now, against reported Monday: ‘‘Let me give you a little rected toward global goals of the 21st cen- the Serbian regime for not letting the par- bit more information about Kosova because tury, while Serbia wants to move us back to liament and government of Kosova function. we’re very concerned by it. We understand the dark ages. Kosova may be the last exam- Serbian opposition rightfully is asking for that three ethnic Albanians were killed by ple of classical colonization. We are asking recognition of their vote, but at the same Serbian police on Friday. Over 100 ethnic Al- for support for peaceful decolonization of time is denying the democratic election in banians have been arrested by Serbian police Kosova. We are asking for democratic sup- which Albanians citizens of the Republic of in what appears to be a coordinated police port for the destruction of apartheid in Kosova voted for their legitimate represent- round-up in Kosova itself. Forty are still in Kosova. atives in the Kosova leadership and gave custody. There is a basic denial of human In every crisis of European stability in this them a mandate to represent them. and political rights to the Albanian popu- century, the United States was the country E524 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 1997 that brought the solution and stability. We We are counting on the only force in the 147,300 Albanians, almost 80 percent of all hope that the U.S. will not surrender the world that has the will to stop it. We are employed Albanians, have been fired by the Balkans to the people who unjustly drew the counting on the United States of America. Serbian government. maps with artificial borders in the Congress THE GRIM STATISTICS OF HUMAN RIGHTS 450 enterprises were placed under ‘‘emer- of Berlin in the last century. They have VIOLATIONS IN KOSOVA gency administration’’. placed a time bomb in the Balkans which Over 150 Albanians, mostly young people, 4,000 small businesses were shut down for brought tragedy after tragedy for a hundred have been killed by the Serbian police and from six months to one year. years. army since 1989. In 1996 alone, 14 were killed. Over one million Albanians have no means 66 young Albanian soldiers have been As President Clinton said in the State of of subsistence. Union address, the enemy of our time is in- killed while serving in the army under very action. We are asking for U.S. action in pro- dubious and suspicious circumstances since Over 80 percent of health care facilities are tecting Kosova as well as the South Balkans. 1981. under ‘‘special measures;’’ dozens of walk-in During the first six months of 1996, some clinics have been shut down in villages. We in Kosova were encouraged by Presi- 3,657 ethnic Albanians were mistreated, se- dent Clinton’s statement: ‘‘Our first task is Over 2,400 Albanian medical personnel have verely beaten and tortured. By the end of the to help build for the first time an undivided, been dismissed, 157 of them from the teach- year there were more than 5000. democratic Europe,’’ he said. We are encour- ing staff of the Faculty of Medicine in In the beginning of 1997, five Albanians aged by this statement because in a demo- Prishtina. were killed by Serbian police and at least 100 70,000 Albanian high school students have cratic Europe, abolition of colonization and Albanians were arrested without reason been barred from their school buildings. apartheid in Kosova will take place. within a period of one week. The majority of So finally, we ask USCSCE and all other them are still being held in Serbian custody. 22,000 teachers have been teaching for U.S. institutions and the international com- Between 1981 and 1993, over 3,200 Albanians seven years without pay. munity to support the peaceful policy of were sentenced for one to 20 years in prison 837 professors and assistants have been dis- Kosova Albanians through dialog and under for political reasons; 30,000 received 60-day missed from the university, representing 95 U.S. leadership with international guaran- sentences; and over 800,000 were detained by percent of the teaching and administrative tees. police. staff. March 19, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E525 SENATE COMMITTEE MEETINGS 10:00 a.m. preme Court of the United States and Title IV of Senate Resolution 4, Appropriations the Judiciary. Commerce, Justice, State, and the Judici- S–146, Capitol agreed to by the Senate on February 4, ary Subcommittee 1977, calls for establishment of a sys- To hold hearings on proposed budget es- APRIL 22 tem for a computerized schedule of all timates for fiscal year 1998 for the Im- meetings and hearings of Senate com- 9:30 a.m. migration and Naturalization Service, Appropriations mittees, subcommittees, joint commit- Federal Bureau of Investigation, and VA, HUD, and Independent Agencies Sub- tees, and committees of conference. the Drug Enforcement Administration. committee S–146, Capitol This title requires all such committees To hold hearings on proposed budget es- Appropriations to notify the Office of the Senate Daily timates for fiscal year 1998 for the Na- Transportation Subcommittee Digest—designated by the Rules Com- tional Science Foundation and the Of- To hold hearings on proposed budget es- mittee—of the time, place, and purpose fice of Science and Technology Policy. timates for fiscal year 1998 for the De- of the meetings, when scheduled, and SD–192 partment of Transportation any cancellations or changes in the Appropriations SD–192 meetings as they occur. Energy and Water Development Sub- As an additional procedure along APRIL 15 committee with the computerization of this infor- To hold hearings on proposed budget es- 9:30 a.m. timates for fiscal year 1998 for the En- mation, the Office of the Senate Daily Appropriations vironmental Management Program of Digest will prepare this information for VA, HUD, and Independent Agencies Sub- the Department of Energy. printing in the Extensions of Remarks committee SD–124 section of the CONGRESSIONAL RECORD To hold hearings on proposed budget es- 10:00 a.m. on Monday and Wednesday of each timates for fiscal year 1998 for the De- Appropriations week. partment of Housing and Urban Devel- Agriculture, Rural Development, and Re- Meetings scheduled for Thursday, opment. lated Agencies Subcommittee March 20, 1997, may be found in the SD–138 To hold hearings on proposed budget es- Daily Digest of today’s RECORD. 10:00 a.m. Appropriations timates for fiscal year 1998 for the Ag- MEETINGS SCHEDULED Agriculture, Rural Development, and Re- ricultural Research Service, the Coop- lated Agencies Subcommittee erative State Research, Education, and MARCH 21 To hold hearings on proposed budget es- Extension Service, the Economic Re- search Service, and the National Agri- 11:00 a.m. timates for fiscal year 1998 for the cultural Statistics Service, all of the Commission on Security and Cooperation Rural Utilities Service, the Rural Department of Agriculture. in Europe Housing Service, the Rural Business- To hold a briefing on prospects for elec- Cooperative Service, and the Alter- SD–138 tions, reintegration, and democratiza- native Agricultural Research and Com- tion in Croatia. 2200 Rayburn Building mercialization Center, all of the De- APRIL 23 partment of Agriculture. 10:00 a.m. APRIL 8 SD–124 Appropriations 9:30 a.m. 2:00 p.m. Defense Subcommittee Appropriations Appropriations To hold hearings on proposed budget es- VA, HUD, and Independent Agencies Sub- Commerce, Justice, State, and the Judici- timates for fiscal year 1998 for the De- committee ary Subcommittee partment of Defense, focusing on medi- To hold hearings on proposed budget es- To hold hearings on counter-terrorism is- cal programs. timates for fiscal year 1998 for the En- sues. SD–192 vironmental Protection Agency. S–146, Capitol SD–138 APRIL 24 10:00 a.m. APRIL 16 9:30 a.m. Appropriations 10:00 a.m. Appropriations Agriculture, Rural Development, and Re- Appropriations Interior Subcommittee lated Agencies Subcommittee Defense Subcommittee To hold hearings on proposed budget es- To hold hearings on proposed budget es- To hold hearings on proposed budget es- timates for fiscal year 1998 for the Na- timates for fiscal year 1998 for the timates for fiscal year 1998 for the De- tional Endowment for the Arts/Na- Farm Service Agency, the Foreign Ag- partment of the Army. tional Endowment for the Humanities. ricultural Service, and the Risk Man- SD–192 SD–192 agement Agency, Department of Agri- Appropriations Appropriations culture. Transportation Subcommittee SD–124 Energy and Water Development Sub- To hold hearings on proposed budget es- committee 2:00 p.m. timates for fiscal year 1998 for the De- Appropriations To hold hearings on proposed budget es- partment of Transportation. timates for fiscal year 1998 for the Corp Commerce, Justice, State, and the Judici- SD–124 of Engineers and the Bureau of Rec- ary Subcommittee 2:00 p.m. lamation, Department of the Interior. To hold hearings to examine child por- Appropriations SD–124 nography issues. Commerce, Justice, State, and the Judici- S–146, Capitol ary Subcommittee APRIL 29 To hold hearings on proposed budget es- APRIL 9 timates for fiscal year 1998 for the Fed- 9:30 a.m. 10:00 a.m. eral Communications Commission. Appropriations Appropriations S–146, Capitol VA, HUD, and Independent Agencies Sub- Defense Subcommittee committee To hold hearings on proposed budget es- APRIL 17 To hold hearings on proposed budget es- timates for fiscal year 1998 for Navy 9:00 a.m. timates for fiscal year 1998 for the De- and Marine Corps programs. Appropriations partment of Veterans Affairs. SD–192 Interior Subcommittee SD–138 To hold hearings on proposed budget es- 10:00 a.m. APRIL 10 timates for fiscal year 1998 for the For- Appropriations 9:00 a.m. est Service of the Department of Agri- Agriculture, Rural Development, and Re- Appropriations culture. lated Agencies Subcommittee Interior Subcommittee SD–192 To hold hearings on proposed budget es- To hold hearings on proposed budget es- 1:30 p.m. timates for fiscal year 1998 for the timates for fiscal year 1998 for the Bu- Appropriations Commodity Futures Trading Commis- reau of Indian Affairs of the Depart- Commerce, Justice, State, and the Judici- sion, and the Food and Drug Adminis- ment of the Interior and Indian gaming ary Subcommittee tration, Department of Health and activities. To hold hearings on proposed budget es- Human Resources. SD–124 timates for fiscal year 1998 for the Su- SD–124 E526 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 1997 APRIL 30 MAY 7 JUNE 4 10:00 a.m. 10:00 a.m. 10:00 a.m. Appropriations Appropriations Appropriations Defense Subcommittee Defense Subcommittee Defense Subcommittee To hold hearings on proposed budget es- To hold hearings on proposed budget es- To hold hearings on proposed budget es- timates for fiscal year 1998 for the De- timates for fiscal year 1998 for the De- timates for fiscal year 1998 for the De- partment of Defense, focusing on the partment of Defense. partment of Defense. structure and modernization of the Na- SD–192 SD–192 tional Guard. SD–192 MAY 14 JUNE 11 10:00 a.m. 10:00 a.m. MAY 1 Appropriations Appropriations 9:00 a.m. Defense Subcommittee Defense Subcommittee Appropriations To hold hearings on proposed budget es- Interior Subcommittee To hold hearings on proposed budget es- timates for fiscal year 1998 for the De- To hold hearings on proposed budget es- timates for fiscal year 1998 for the De- partment of Defense. timates for fiscal year 1998 for the De- partment of Defense, focusing on envi- SD–192 partment of the Interior. ronmental programs. SD–192 SD–192 CANCELLATIONS MAY 6 MAY 21 9:30 a.m. 10:00 a.m. MARCH 20 Appropriations Appropriations 10:00 a.m. VA, HUD, and Independent Agencies Sub- Defense Subcommittee Appropriations committee To hold hearings on proposed budget es- Labor, Health and Human Services, and To hold hearings on proposed budget es- timates for fiscal year 1998 for the De- Education Subcommittee timates for fiscal year 1998 for the Na- partment of Defense, focusing on Air To hold hearings on proposed budget es- tional Aeronautics and Space Adminis- Force programs. timates for fiscal year 1998 for the De- tration. SD–192 partment of Education. SD–138 SD–192 Wednesday, March 19, 1997 Daily Digest

HIGHLIGHTS The House passed the Working Families Flexibility Act of 1997 Senate Messages from the President: Senate received the Chamber Action following messages from the President of the United Routine Proceedings, pages S2491–S2574 States: Measures Introduced: Eleven bills and one resolu- Transmitting the report of a proposed rescission of tion were introduced, as follows: S. 471–481, and S. budgetary resources; which was referred jointly, pur- Con. Res. 13. Pages S2552±53 suant to the order of January 30, 1975, to the Com- mittee on Appropriations, to the Committee on the Measures Passed: Budget, and to the Committee on Energy and Natu- Independent Counsel: By 55 yeas to 44 nays (1 ral Resources. (PM–23). Page S2552 responding present) (Vote No. 32), Senate passed Transmitting the report on environmental quality; S.J. Res. 22, to express the sense of the Congress referred to the Committee on Environment and Pub- concerning the application by the Attorney General lic Works. (PM–24). Page S2552 for the appointment of an independent counsel to in- Nominations Confirmed: Senate confirmed the fol- vestigate allegations of illegal fundraising in the lowing nominations: By 76 yeas to 23 nays (Vote 1996 Presidential election campaign. Pages S2491±99 No. 34 EX), Merrick B. Garland, of Maryland, to be Victim Allocution Clarification: Senate passed United States Circuit Judge for the District of Co- H.R. 924, to amend title 18, United States Code, to lumbia Circuit. Pages S2536, S2574 give further assurance to the right of victims of Nominations Received: Senate received the follow- crime to attend and observe the trials of those ac- ing nominations: cused of the crime, clearing the bill for the Presi- James H. Atkins, of Arkansas, to be a Member of dent. Pages S2507±09 the Federal Retirement Thrift Investment Board for Measure Rejected: a term expiring September 25, 2000. Kathryn O’Leary Higgins, of South Dakota, to be Independent Counsel: By 58 yeas to 41 nays (1 Deputy Secretary of Labor. responding present) (Vote No. 33), Senate tabled Kevin Emanuel Marchman, of Colorado, to be an S.J. Res. 23, expressing the sense of the Congress Assistant Secretary of Housing and Urban Develop- that the Attorney General should exercise her best ment. professional judgment, without regard to political Richard Thomas White, of Michigan, to be a pressures, on whether to invoke the independent Member of the Foreign Claims Settlement Commis- counsel process to investigate alleged criminal mis- sion of the United States for a term expiring Sep- conduct relating to any election campaign. tember 30, 1999. Pages S2499±S2501 1 Navy nomination in the rank of admiral. Appointments: Pages S2573±74 National Civil Aviation Review Commission: Messages From the President: Page S2552 The Chair, on behalf of the Democratic Leader, pur- Messages From the House: Page S2552 suant to Public Law 104–264, appointed the follow- Measures Referred: Page S2552 ing individuals to the National Civil Aviation Re- Statements on Introduced Bills: Pages S2553±69 view Commission: Linda Barker, of South Dakota, and William Bacon, of South Dakota. Page S2573 Additional Cosponsors: Pages S2569±70 Amendments Submitted: Pages S2570±71 D267 D268 CONGRESSIONAL RECORD — DAILY DIGEST March 19, 1997

Authority for Committees: Page S2571 tates, California; and Bert M. Concklin, Professional Additional Statements: Pages S2571±73 Services Council, Vienna, Virginia. Subcommittee recessed subject to call. Record Votes: Three record votes were taken today. (Total—34) Pages S2499, S2501, S2536 AUTHORIZATION—MILITARY READINESS Adjournment: Senate convened at 10:30 a.m., and Committee on Armed Services: Subcommittee on Readi- adjourned at 8:20 p.m., until 9:30 a.m., on Thurs- ness held hearings on proposed legislation authoriz- day, March 20, 1997. (For Senate’s program, see the ing funds for fiscal year 1998 for the Department of remarks of the Acting Majority Leader in today’s Defense and the future years defense program, focus- Record on page S2573.) ing on military readiness accounts, receiving testi- mony from Maj. Gen. Thomas A. Braaten, USMC, Assistant Deputy Chief of Staff for Programs and Committee Meetings Resources, Headquarters Marine Corps; Rear Adm. (Committees not listed did not meet) James S. Amerault, USN, Director, Office of Budg- et/Fiscal Management Division; Maj. Gen. Roger G. APPROPRIATIONS—SEC Thompson, Jr., USA, Director of Army Budget, Of- Committee on Appropriations: Subcommittee on Com- fice of Assistant Secretary of the Army for Financial merce, Justice, State, and the Judiciary and Related Management; and Maj. Gen. George T. Stringer, Agencies held hearings on proposed budget estimates USAF, Deputy Assistant Secretary for Budget, Office for fiscal year 1998 for the Securities and Exchange of Assistant Secretary of the Air Force/Financial Commission, receiving testimony from Arthur Management Comptroller. Levitt, Chairman, Securities and Exchange Commis- Subcommittee recessed subject to call. sion. AUTHORIZATION—DEFENSE Subcommittee will meet again tomorrow. Committee on Armed Services: Subcommittee on APPROPRIATIONS—DEFENSE SeaPower held hearings on proposed legislation au- INTELLIGENCE thorizing funds for fiscal year 1998 for the Depart- Committee on Appropriations: Subcommittee on Defense ment of Defense and the future years defense pro- held closed hearings on proposed budget estimates gram, receiving testimony from John W. Douglass, for fiscal year 1998 for defense intelligence pro- Assistant Secretary of the Navy for Research, Devel- grams, receiving testimony from George J. Tenet, opment and Acquisition; and Gen. Charles C. Acting Director, and Nora Slakin, Executive Direc- Krulak, Commandant of the Marine Corps. tor, both of the Central Intelligence Agency; and Subcommittee recessed subject to call. Gen. Patrick M. Hughes, USA, Director, Defense In- telligence Agency, Gen. Kenneth A. Minihan, AUTHORIZATION—DEFENSE USAF, Director, National Security Agency, and Committee on Armed Services: Subcommittee on Strate- Keith R. Hall, Acting Director, National Reconnais- gic Forces resumed hearings on proposed legislation sance Office, all of the Department of Defense. authorizing funds for fiscal year 1998 for the De- Subcommittee will meet again on Wednesday, partment of Defense and the future years defense April 9. program, focusing on Department of Energy weap- ons programs, receiving testimony from Victor H. DEFENSE ACQUISITION Reis, Assistant Secretary, Defense Program, Depart- Committee on Armed Services: Subcommittee on Acqui- ment of Defense; Gen. Eugene E. Habiger, USAF, sition and Technology held hearings to examine the Commander-in-Chief, U.S. Strategic Command; status of acquisition reform in the Department of Sigfried S. Hecker, Director, Los Alamos National Defense, receiving testimony from Paul G. Laboratory, C. Paul Robinson, President, Sandia Na- Kaminski, Under Secretary of Defense for Acquisi- tional Laboratories, and Bruce Tarter, Director, Law- tion and Technology; John W. Douglass, Assistant rence Livermore National Laboratory, all of the De- Secretary of the Navy for Research, Development and partment of Energy; Ambrose Schwallie, Westing- Acquisition; Lt. Gen. George Muellner, Principal house/Savannah River Corporation, Aiken, South Deputy Assistant Secretary of the Air Force for Ac- Carolina; Karen K. Clegg, Allied Signal, Inc., Kan- quisition; Kenneth Oscar, Deputy Assistant Secretary sas City, Missouri; F.P. Gustavson, Lockheed Martin of the Army for Procurement; Thomas J. Madden, Energy Systems, Oak Ridge, Tennessee; and William Venable, Baetjer, Howard, and Civiletti, and Karen Weinreich, Mason Hanger/Pantex Plant, Amarillo, L. Wilson, Allied Signal, Inc., both of Washington, Texas. D.C.; John Delane, DELJEN, Inc., Rolling Hills Es- Subcommittee recessed subject to call. March 19, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D269

1998 BUDGET Rails-to-Trails Conservancy, Meg Maguire, Scenic Committee on the Budget: Committee met to discuss America, and Hank Dittmar, Surface Transportation certain functions of the proposed fiscal year 1998 Policy Project, all of Washington, D.C.; Leon S. budget resolution. Kenison, New Hampshire Department of Transpor- Committee recessed subject to call. tation, Concord; Lawrence D. Dahms, Oakland Met- ropolitan Transportation Commission, Oakland, Cali- PRO-CODE ACT fornia; M. Michael Cooke, Board of Douglas County Committee on Commerce, Science, and Transportation: Commissioners, Castle Rock, Colorado; Guillermo V. Committee held hearings on S. 377, to promote Vidal, Colorado Department of Transportation, Den- electronic commerce by facilitating the use of strong ver; and Timothy S. Stowe, Anderson and Associates, encryption, receiving testimony from Louis J. Freeh, Blacksburg, Virginia, on behalf of the American Director, Federal Bureau of Investigation, Depart- Consulting Engineers Council. ment of Justice; William P. Crowell, Deputy Direc- Hearings were recessed subject to call. tor, National Security Agency, Department of De- MEDICARE CHOICES fense; William A. Reinsch, Under Secretary, Bureau of Export Administration, Department of Commerce; Committee on Finance: Committee held hearings to ex- David L. Aaron, United States Permanent Represent- amine proposals to improve choices under the Medi- ative to the Organization for Economic Cooperation care program, receiving testimony from Bruce C. and Development; James Barksdale, Netscape Com- Vladeck, Administrator, Health Care Financing Ad- munications, Inc., Mountain View, California; Ed- ministration, Department of Health and Human ward J. Black, Computer Communications Industry Services; Michael J. Thompson, Price Waterhouse, Association, Washington, D.C.; and Joseph R. Kretz, on behalf of the American Academy of Actuaries, FMC Corporation, Chicago, Illinois. and Diane Archer, Medicare Rights Center, both of Hearings were recessed subject to call. New York, New York; and Mary Lou Martin, Blue Cross of California, Long Beach, on behalf of the UNIVERSAL TELEPHONE SERVICE Health Insurance Association of America and the Committee on Commerce, Science, and Transportation: Sub- Blue Cross/Blue Shield Association. committee on Communications held hearings to ex- Hearings continue tomorrow. amine the Federal Communications Commission im- SUBCOMMITTEE MEMBERSHIP plementation of the Telecommunications Act of 1996, focusing on efforts to implement universal Committee on Governmental Affairs: Committee an- telephone service reform and FCC proposals to assess nounced the following subcommittee assignments: new per-minute fees on Internet service providers, Subcommittee on International Security, Pro- receiving testimony from Gene Kimmelman, Con- liferation and Federal Services: Senators Cochran sumers Union, Washington, D.C.; Jay Kitchen, Per- (Chair), Stevens, Collins, Domenici, Nickles, Specter, sonal Communications Industry Association, Alexan- Levin, Akaka, Durbin, Torricelli, and Cleland. dria, Virginia; Joan Mandeville, Montana Telephone Association, Great Falls; and Donn Wonnell, Pacific Subcommittee on Oversight of Government Man- Telcom, Inc., Vancouver, Washington. agement, Restructuring and the District of Colum- Hearings were recessed subject to call. bia: Senators Brownback (Chair), Roth, Specter, Lieberman, and Cleland. AUTHORIZATION—SURFACE TRANSPORTATION Permanent Subcommittee on Investigations: Sen- ators Collins (Chair), Roth, Stevens, Brownback, Do- Committee on Environment and Public Works: Sub- menici, Cochran, Nickles, Specter, Glenn, Levin, committee on Transportation and Infrastructure re- Lieberman, Akaka, Durbin, Torricelli, and Cleland. sumed hearings on proposed legislation authorizing funds for programs of the Intermodal Surface Trans- JUVENILE CRIME portation Efficiency Act of 1991, focusing on envi- Committee on the Judiciary: Committee concluded ronmental programs and statewide and metropolitan hearings to examine efforts by private individuals, planning, receiving testimony from Jane F. Garvey, community organizations, and religious groups to Acting Administrator, Federal Highway Administra- prevent juvenile crime, after receiving testimony tion, Department of Transportation; David M. Gar- from Steve Young, San Francisco, California, on be- diner, Assistant Administrator for Policy, Planning half of the Sport, Education & Values Foundation; and Evaluation, Environmental Protection Agency; Kery Oldroyd and Amador Guzman, both of the Thomas Walker, Wisconsin Road Builders Associa- Boys & Girls Clubs of Greater Salt Lake, Salt Lake tion, Madison, on behalf of the American Road and City, Utah; Rev. Jeffrey L. Brown, Union Baptist Transportation Builders Association; Hal Hiemstra, Church, Cambridge, Massachusetts, on behalf of the D270 CONGRESSIONAL RECORD — DAILY DIGEST March 19, 1997

Ten Point Coalition of Boston; Mary Lyman Jackson, FDA REFORM Exodus Youth Services, Inc., Gaithersburg, Mary- Committee on Labor and Human Resources: Committee land; and Father Joseph Del Vecchio, Archdiocese of held hearings on proposals to reform the perform- Washington, Washington, D.C. ance, efficiency, and use of resources of the Food and INTERNET CRIMES Drug Administration, receiving testimony from Mi- Committee on the Judiciary: Subcommittee on Tech- chael A. Friedman, Lead Deputy Commissioner and nology, Terrorism, and Government Information Deputy Commissioner for Operations, D. Bruce Bur- concluded hearings to examine the scope of Internet lington, Director, Center for Devices and Radiologi- crimes affecting consumers and the Federal response, cal Health, Fred R. Shank, Director, Center for Food after receiving testimony from Senator Leahy; Robert Safety and Applied Nutrition, Stephen F. Sundlof, S. Litt, Deputy Assistant Attorney General, Criminal Director, Center for Veterinary Medicine, Janet Division, and Charles L. Owens, Chief, Financial Woodcock, Director, Center for Drug Evaluation and Crimes Section, Federal Bureau of Investigation, Research, and Kathryn C. Zoon, Director, Center for both of the Department of Justice; Michael C. Biologics Evaluation and Research, all of the Food Stenger, Special Agent in Charge, Financial Crimes and Drug Administration, Department of Health Division, U.S. Secret Service, Department of the and Human Services. Treasury; and Wisconsin Attorney General James E. Hearings were recessed subject to call. Doyle, Madison. March 19, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D271 House of Representatives satory time; require the Secretary of Labor to define Chamber Action what constitutes an employee decision to accept it; Bills Introduced: 17 public bills, H.R. 1119–1135; prohibit employers from offering compensatory time 1 private bill, H.R. 1136; and 1 resolution, H.J. unless the employer offers all employees 24 hours of Res. 64, were introduced. Pages H1185±86 leave that may be used for family educational activi- Reports Filed: Reports were filed as follows: ties or medical care; prohibit compensatory time to H. Res. 100, providing for consideration of H.R. employees who work less than 35 hours per week, 1122, to amend title 18, United States Code, to ban work less than 12 months, are seasonal, or are em- partial-birth abortions (H. Rept. 105–32); and ployed in the construction, agricultural, garment, or H. Res. 101, providing for consideration of H. any industry designated by the Secretary of Labor; Res. 91, providing amounts for the expenses of cer- provide that an employer may not deny compen- tain committees of the House of Representatives in satory time where the leave is protected by the Fam- the One Hundred Fifth Congress (H. Rept. 105–33). ily and Medical Leave Act; limit the maximum Page H1185 hours accrued to 80 hours annually, specifies that employers may not condition benefits or availability Speaker Pro Tempore: Read a letter from the Speaker wherein he designated Representative Taylor of overtime upon an employee’s decision to accept, of North Carolina to act as Speaker pro tempore for reject, or use compensatory time; and create a com- mission on workplace flexibility (rejected by a re- today. Page H1113 corded vote of 193 ayes to 237 noes, Roll No. 58). Committee Resignation: Read a letter from Rep- Pages H1144±45 resentative Ehrlich wherein he requested a leave of Earlier, agreed by unanimous consent, to modify absence from the Committee on Government Reform the Miller of California amendment, as specified in and Oversight. Subsequently, and without objection, House Report 105–31 accompanying the rule, by the Chair accepted the committee resignation. making technical changes to Sections 2 and 3. Page H1115 Page H1146 Working Families Flexibility Act: By a recorded H. Res. 99, the rule under which the bill was vote of 222 ayes to 210 noes, Roll No. 59, the considered, was agreed to earlier by a yea-and-nay House passed H.R. 1, to amend the Fair Labor vote of 229 yeas to 195 nays, Roll No. 54. Standards Act of 1938 to provide compensatory time Pages H1115±24 for employees in the private sector. Pages H1124±56 Presidential Messages: Read the following mes- Agreed to the Committee amendment in the na- sages from the President: ture of a substitute. Page H1155 Agreed to: Budgetary Rescission—Department of Energy: Goodling en bloc amendment that requires con- Message wherein he transmits his report concerning tinuous employment of at least 1,000 hours within a proposed rescission affecting the Department of the last year before an employee may agree to or re- Energy—referred to the Committee on Appropria- ceive compensatory time and reduces the maximum tions and ordered printed (H. Doc. 105–57); and hours of compensatory time accrued by the employee Page H1156 from 240 to 160 hours (agreed to by a recorded vote Environmental Quality: Message wherein he of 408 ayes to 19 noes, Roll No. 55); and transmits the Twenty-fifth Annual Report on Envi- Pages H1138±40 ronmental Quality—referred to the Committee on Boyd amendment that sunsets the private sector Resources. Pages H1156±57 compensatory time provision after five years (agreed Referral: One Senate-passed joint resolution, S.J. to by a recorded vote of 390 ayes to 36 noes, Roll Res. 22, was referred to the Committee on the Judi- No. 56); Pages H1140±41 ciary. Page H1184 Rejected: Owens amendment that sought to exempt em- Senate Messages: Message received from the Senate ployees who earn less than 2.5 times the minimum today appears on page H1131. wage (rejected by a recorded vote of 182 ayes to 237 Quorum Calls—Votes: One yea-and-nay vote and noes, Roll No. 57); and Pages H1141±44 five recorded votes developed during the proceedings Miller of California amendment in the nature of of the House today and appear on pages H1123–24, a substitute, as modified, that sought to prohibit H1139–40, H1141, H1144, H1154–55, and employers from soliciting employees to take compen- H1155–56. There were no quorum calls. D272 CONGRESSIONAL RECORD — DAILY DIGEST March 19, 1997 Adjournment: Met at 11:00 a.m. and adjourned at FOREIGN OPERATIONS, EXPORT 9:36 p.m. FINANCING, AND RELATED PROGRAMS APPROPRIATIONS Committee on Appropriations: Subcommittee on Foreign Committee Meetings Operations, Export Financing, and Related Programs held a hearing on AID Administrator. Testimony TREATMENT OF MINORITY AND LIMITED was heard from Brian Atwood, Administrator, AID, RESOURCE PRODUCERS U.S. International Development Cooperation Agency. Committee on Agriculture: Subcommittee on Depart- ment Operations, Nutrition, and Foreign Agriculture INTERIOR APPROPRIATIONS held a hearing to review treatment of minority and Committee on Appropriations: Subcommittee on Interior limited resource producers by the United States De- held a hearing on Smithsonian Institution. Testi- partment of Agriculture. Testimony was heard from mony was heard from I. Michael Heyman, Secretary, Robert Robinson, Director, Food and Agriculture Is- Smithsonian Institution. sues, GAO; and public witnesses. LABOR-HHS-EDUCATION APPROPRIATIONS AGRICULTURE, RURAL DEVELOPMENT, Committee on Appropriations: Subcommittee on Labor, FDA, AND RELATED AGENCIES Health and Human Services, and Education held a APPROPRIATIONS hearing on the Railroad Retirement Board; the U.S. Committee on Appropriations: Subcommittee on Agri- Institute of Peace; the Corporation for Public Broad- culture, Rural Development, Federal Drug Adminis- casting; and the National Labor Relations Board. tration, and Related Agencies continued appropria- Testimony was heard from the following officials of tion hearings. Testimony was heard from Members the Railroad Retirement Board: Martin J. Dickman, of Congress and public witnesses. Inspector General, Glen L. Bower, Chairman, V.M. The Subcommittee also held a hearing on Natural Speakman, Jr., Labor Member, and Jerome F. Kever, Resources Conservation Service. Testimony was heard Management Member, Richard H. Solomon, Presi- from James R. Lyons, Under Secretary, Natural Re- dent, U.S. Institute of Peace; Ambassador Richard sources and Environment, USDA. W. Carlson, President and CEO, The Corporation for Public Broadcasting; and Fred Feinstein, General COMMERCE, JUSTICE, STATE, AND Counsel, National Labor Relations Board. JUDICIARY APPROPRIATIONS NATIONAL SECURITY APPROPRIATIONS Committee on Appropriations: Subcommittee on Com- Committee on Appropriations: Subcommittee on Na- merce, Justice, State and Judiciary held a hearing on tional Security held a hearing on Military Quality of Drug Enforcement and on International Organiza- Life and on Department of Defense Medical Pro- tions and Peacekeeping. Testimony was heard from grams. Testimony was heard from the following offi- the following officials of the Department of Justice: cials of the Department of Defense: MCPO John Thomas A. Constantine, Administrator, DEA; Carol Hagen, USN, Master Chief Petty Officer, Navy; Sgt. DiBattiste, Director, Executive Office, U.S. Attor- Maj. L.G. Lee, USMC; CMS Eric W. Benken, USAF, ney; and Mary Lee Warren, Deputy Assistant Attor- Chief Master Sgt., Air Force; Stephen Joseph, Assist- ney General, Criminal Division, Interagency Crime, ant Secretary, Health Affairs; Lt. Gen. Ronald Drug Enforcement and Task Forces; and the follow- Blanck, USA, Surgeon General, Army; Vice Adm. ing officials of the Department of State: Ambassador Harold M. Hoenig, USN, Surgeon General, Navy; Bill Richardson, U.S. Permanent Representative to and Lt. Gen. Charles H. Roadman, Jr., USAF, Sur- the United Nations; and Princeton N. Lyman, Act- geon General, Air Force. ing Assistant Secretary, International Organization TRANSPORTATION APPROPRIATIONS Affairs. Committee on Appropriations: Subcommittee on Trans- ENERGY AND WATER DEVELOPMENT portation held a hearing on Federal Transit Adminis- APPROPRIATIONS tration and on Washington Metropolitan Area Tran- sit Authority. Testimony was heard from Gordon Committee on Appropriations: Subcommittee on Energy Linton, Administrator, Federal Transit Administra- and Water Development held a hearing on the Sec- tion, Department of Transportation; and Richard retary of Energy. Testimony was heard from Federico White, General Manager, Washington Metropolitan Pen˜a, Secretary of Energy. Area Transit Authority. March 19, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D273 TREASURY, POSTAL SERVICE, AND ance: Glen Nager, Chairman; Ricky Silberman, Exec- GENERAL GOVERNMENT APPROPRIATIONS utive Director; and Lawrence Lorber, Board member. Committee on Appropriations: Subcommittee on Treas- ury, Postal Service, and General Government held a AFRICA’S NATURAL RESOURCES hearing on the Office of National Drug Control Pol- Committee on International Relations: Subcommittee on icy. Testimony was heard from Barry McCaffrey, Di- Africa held a hearing on Economic Development of rector, Office of National Drug Control Policy. Africa’s Natural Resources. Testimony was heard from Representative Shaw; and public witnesses. VA, HUD, AND INDEPENDENT AGENCIES APPROPRIATIONS HELMS-BURTON CHALLENGES Committee on Appropriations: Subcommittee on VA, Committee on International Relations: Subcommittee on HUD, and Independent Agencies concluded hearings International Economic Policy and Trade, hearing on on the Department of Housing and Urban Develop- Interfering with U.S. National Security Interests: ment. Testimony was heard from Andrew M. The World Trade Organization and the European Cuomo, Secretary of Housing and Urban Develop- Union Challenge to the Helms-Burton bill. Testi- ment. mony was heard from Senator Torricelli; Representa- tives Diaz-Balart and Menendez; and public wit- FINANCIAL SERVICES MODERNIZATION nesses. Committee on Banking and Financial Services: Sub- committee on Capital Markets, Securities and Gov- U.S. POLICY—WESTERN HEMISPHERE ernment Sponsored Enterprises continued hearings Committee on International Relations: Subcommittee on on Financial Services Modernization. Testimony was the Western Hemisphere held an overview hearing heard from Alan Greenspan, Chairman, Board of on U.S. Policy in the Western Hemisphere. Testi- Governors, Federal Reserve System. mony was heard from Jeffrey Davidow, Assistant MEDICARE PROVIDER SERVICE NETWORKS Secretary, Inter-American Affairs, Department of State; and Mark Schneider, Assistant Administrator, Committee on Commerce: Subcommittee on Health and Latin American and Caribbean Affairs, AID, U.S. Environment held a hearing on Medicare Provider International Development Cooperation Agency. Service Networks. Testimony was heard from Rep- resentatives Greenwood and Stenholm; and public CHURCH ARSON PREVENTION ACT witnesses. IMPLEMENTATION WTO TELECOM AGREEMENT Committee on the Judiciary: Held an oversight hearing Committee on Commerce: Subcommittee on Tele- on the implementation of the Church Arson Preven- communications, Trade, and Consumer Protection tion Act of 1996 (Public Law 104–155). Testimony held a hearing on WTO Telecom Agreement: Re- was heard from the following officials of the Depart- sults and Next Steps. Testimony was heard from ment of Justice: Isabelle Katz Pinzler, Acting Assist- Charlene Barshefsky, U.S. Trade Representative; ant Attorney General; and Patricia Glenn, National Reed E. Hundt, Chairman, FCC; and public wit- Coordinator, Church Burning Response Team, Com- nesses. munity Relations Service; James E. Johnson, Assist- ant Secretary, Enforcement, Department of the OVERSIGHT—U.S. POSTAL SERVICE Treasury; Jacquie M. Lawing, Deputy Assistant Sec- Committee on Government Reform and Oversight: Sub- retary, Economic Development Community Planning committee on the Postal Service held an oversight and Development, Department of Housing and hearing of the United States Postal Service: Inspector Urban Development; and public witnesses. General U.S. Postal Service; Governors of the U.S. Postal Service. Testimony was heard from the follow- DOD AUTHORIZATION ing officials of the U.S. Postal Service: Karla W. Committee on National Security: Continued hearings on Corcoran, Inspector General; Tirso del Junco, Chair- the Administration’s fiscal year 1998 Department of man; Susan E. Alvarado, Bert H. Mackie, Einar V. Defense authorization. Testimony was heard from Dyhrkopp and S. David Fineman, all Governors. the following officials of the Department of the Army: Gen. J. H. Binford Peay, III, USA, Com- OVERSIGHT—OFFICE OF COMPLIANCE mander-in-Chief, U.S. Central Command; George A. Committee on House Oversight: Held an oversight hear- Joulwan, USA, Commander-in-Chief, U.S. European ing on Office of Compliance. Testimony was heard Command; and Gen. Wesley K. Clark, USA, Com- from the following officials of the Office of Compli- mander-in-Chief, U.S. Southern Command. D274 CONGRESSIONAL RECORD — DAILY DIGEST March 19, 1997 MARITIME ADMINISTRATION AND Code, to ban partial-birth abortions. The rule pro- PANAMA CANAL COMMISSION vides two hours of debate equally divided and con- AUTHORIZATIONS trolled by the chairman and ranking minority mem- Committee on National Security: Merchant Marine ber of the Committee on the Judiciary. Finally the Panel held a hearing on fiscal year 1998 Maritime rule provides one motion to recommit. Testimony Administration authorization request and related was heard from Representatives Hyde, Canady, Barr matters, and the fiscal year 1998 Panama Canal of Georgia, Greenwood, Conyers, Frank of Massachu- Commission authorization request and related mat- setts, Scott, Jackson-Lee, Hoyer, and Obey. ters. Testimony was heard from Albert J. Herberger, COMMITTEE FUNDING Administrator, Maritime Administration, Depart- ment of Transportation; and the following officials of Committee on Rules: Granted, by a vote of 9 to 4, a the Panama Canal Commission: Joe R. Reeder, modified closed rule on H. Res. 91, providing Under Secretary of the Army and Chairman of the amounts for the expenses of certain committees of Board; and Alberto Aleman, Administrator. the House of Representatives in the One Hundred Fifth Congress, without the intervention of any point DOD AUTHORIZATION—BALLISTIC of order. The rule provides that the Committee on MISSILE DEFENSE House Oversight amendment in the nature of a sub- Committee on National Security: Subcommittee on Mili- stitute printed in the resolution shall be considered tary Procurement and Subcommittee on Military Re- as adopted. The rule provides one hour of debate search and Development held a joint hearing on fis- equally divided and controlled by the chairman and cal year 1998 Department of Defense authorization ranking minority member of the Committee on request—Ballistic Missile Defense. Testimony was House Oversight. heard from the following officials of the Department The rule provides that the further amendment of Defense: Brig. Gen. Curtis H. Emery, USA, Di- specified in the report of the Committee on Rules, rector, Theater Air and Missile Defenses; and J. if offered by a member designated in the report, David Martin, Deputy for Strategic Relations, both shall be in order without intervention of any point with the Ballistic Missile Defense Organization; and of order, and shall be debatable for the time speci- public witnesses. fied in the report equally divided and controlled by U.S.-PUERTO RICO POLITICAL STATUS ACT the proponent and an opponent. Finally, the rule provides one motion to recommit. Testimony was Committee on Resources: Held a hearing on H.R. 856, heard from Representatives Thomas, Gejdenson, and United States-Puerto Rico Political Status Act. Tes- Waxman. timony was heard from Representatives Burton of Indiana, Gutierrez, McCollum, Serrano, Deutsch, and MISCELLANEOUS MEASURES Velazquez; Pedro Rossello, Governor, Puerto Rico; Committee on Science: Subcommittee on Energy and and public witnesses. Environment held a hearing on fiscal year 1998 MISCELLANEOUS MEASURES; OVERSIGHT— Budget Authorization Request: Department of En- FISH AND WILDLIFE SERVICES BUDGET ergy, Fossil Energy R & D, Clean Coal Technology REQUEST Program, and Energy Efficiency and Renewable En- Committee on Resources: Subcommittee on Fisheries ergy and H.R. 363, to amend section 2118 of the Conservation, Wildlife and Oceans approved for full Energy Policy Act of 1992 to extend the Electric Committee action the following measures: H.R. 39, and Magnetic Fields Research and Public Informa- to reauthorize the African Elephant Conservation tion Dissemination Program. Testimony was heard Act, and H. Con. Res. 8, amended, expressing the from the following officials of the Department of sense of Congress with respect to the significance of Energy: Patricia Fry Godley, Assistant Secretary, Fos- maintaining the health and stability of coral reef sil Energy, and Christine A. Ervin, Assistant Sec- ecosystems. retary, Energy Efficiency and Renewable Energy; The Subcommittee also held an oversight hearing Paul Gilman, Executive Director, Commission of on the budget request for the U.S. Fish and Wildlife Life Sciences, National Research Council, National Services for Fiscal Year 1998. Testimony was heard Academy of Sciences; and a public witness.. from John Rogers, Acting Director, U.S. Fish and NASA AUTHORIZATION Wildlife Service, Department of the Interior. Committee on Science: Subcommittee on Space and Aer- PARTIAL BIRTH ABORTION BAN onautics held a hearing on fiscal year 1998 NASA Committee on Rules: Granted, by voice vote, a closed Authorization: Mission to Planet Earth. Testimony rule on H.R. 1122, to amend title 18, United States was heard from the following officials of NASA: March 19, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D275 William F. Townsend, Associate Administrator, Of- Minnesota, Deutsch, Pomeroy and McCarthy of Mis- fice of Mission to Planet Earth; and Sam Venneri, souri; Jane G. Gravelle, Senior Specialist, Economic Chief Technologist; Steven C. Wofsy; and public Policy, Congressional Research Service, Library of witnesses. Congress; and public witnesses. TECHNOLOGY ADMINISTRATION AND BUDGET—OVERHEAD COLLECTION NATIONAL INSTITUTE OF STANDARDS Permanent Select Committee on Intelligence: Met in an ex- AND TECHNOLOGY ecutive session to hold a hearing on the Budget— Committee on Science: Subcommittee on Technology overhead collection. Testimony was heard from de- held a hearing on funding needs for the Technology partmental witnesses. Administration and the National Institute of Stand- ards and Technology. Testimony was heard from Joint Meetings Mary Good, Under Secretary, Technology, Depart- AUTO INSURANCE REFORM ment of Commerce. Joint Economic Committee: Committee held hearings to BUDGET REQUEST—U.S. COAST GUARD examine the problems of the current automobile in- AND FEDERAL MARITIME COMMISSION surance system and the need for reform, focusing on Committee on Transportation and Infrastructure: Sub- more insurance options, better service, and reduced committee on Coast Guard and Maritime Transpor- premiums and litigation costs, receiving testimony tation held a hearing on the Administration’s fiscal from New Jersey Governor Christine Whitman, year 1998 budget request for the U.S. Coast Guard Trenton; Michael Horowitz, Hudson Institute, J. and the Federal Maritime Commission. Testimony Robert Hunter, Consumer Federation of America, was heard from the following officials of the Depart- and Stephen Carroll, RAND Institute for Civil Jus- ment of Transportation: Adm. Robert Kramek, tice, all of Washington, D.C.; and Jeffrey O’Connell, Commandant; Master Chief Petty Officer Eric A. University of Virginia School of Law, Charlottesville. Trent, and Everette L. Tucker, Jr., USCG, Com- Hearings were recessed subject to call. modore, Auxiliary, all with the U.S. Coast Guard; DISABLED AMERICAN VETERANS and Harold J. Creel, Jr., Chairman, Maritime Com- mission; and public witnesses. Joint Hearing: Senate Committee on Veterans’ Affairs concluded joint hearings with the House Committee CALIFORNIA FLOODING on Veterans’ Affairs to review the legislative rec- Committee on Transportation and Infrastructure: Sub- ommendations of the Disabled American Veterans, committee on Water Resources and Environment after receiving testimony from Gregory C. Reed, held a hearing on recent flooding in California. Tes- Disabled American Veterans, Washington, D.C., timony was heard from Representatives Herger, who was accompanied by several of his associates. Fazio, Pombo and Miller of California; from the fol- f lowing officials of FEMA: James Lee Witt, Director; and Lacy Suiter, Executive Associate Director, Re- COMMITTEE MEETINGS FOR THURSDAY, sponse and Recovery Program; Maj. Gen. Russell L. MARCH 20, 1997 Fuhrman, USA, Director, Civil Works, Corps of En- Senate gineers, Department of the Army; Warren M. Lee, (Committee meetings are open unless otherwise indicated) Director, Watersheds and Wetlands, USDA; Gerry Committee on Agriculture, Nutrition, and Forestry, to re- A. Jackson, Deputy Assistant Director, Ecological sume hearings on proposed legislation authorizing funds Services, U.S. Fish and Wildlife Service, Department for agricultural research, 9 a.m., SR–332. of the Interior; and public witnesses. Committee on Appropriations, Subcommittee on Energy and Water Development, to hold hearings on proposed BUDGET VIEWS AND ESTIMATES; BUDGET budget estimates for fiscal year 1998 for atomic energy PROPOSAL SAVING AND INVESTMENT defense activities of the Department of Energy, 9:30 a.m., PROVISIONS SD–124. Committee on Ways and Means: Approved Committee Subcommittee on Transportation, to hold hearings on Budget Views and Estimates for Fiscal Year 1998 for the implications of the proposed acquisition of Conrail by CSX Corporation, 10 a.m., SD–192. transmission to the Committee on the Budget. Subcommittee on Foreign Operations, to hold hearings The Committee also held a hearing on savings and on proposed budget estimates for fiscal year 1998 for investment provisions in the Administration’s fiscal international narcotics, crime and law enforcement, 10:30 year 1998 budget proposal. Testimony was heard a.m., SD–138. from Representatives McCrery, Neal, Dunn, Subcommittee on Commerce, Justice, State, and the Christensen, Dreier, Cox of California, Peterson of Judiciary, to hold hearings on proposed budget estimates D276 CONGRESSIONAL RECORD — DAILY DIGEST March 19, 1997 for fiscal year 1998 for the United Nations, 2 p.m., House S–146, Capitol. Committee on Armed Services, to resume hearings on pro- Committee on Appropriations, Subcommittee on Agri- posed legislation authorizing funds for fiscal year 1998 culture, Rural Development, Federal Drug Administra- for the Department of Defense and the future years de- tion, and Related Agencies, on public witnesses, 10:30 fense program, focusing on Department of Energy na- a.m., 2362A Rayburn. tional security programs and to review environmental Subcommittee on Commerce, Justice, State and Judici- management activities, 10 a.m., SR–222. ary, on Department of Commerce, Science and Tech- Committee on Banking, Housing, and Urban Affairs, Sub- nology Programs, 10 a.m., and on Department of States committee on Financial Institutions and Regulatory Re- Administration of Foreign Affairs, 2 p.m., H–309 Cap- lief, to hold hearings to examine the Federal Reserve Sys- itol. tem’s proposal to modify firewalls that separate commer- Subcommittee on Interior, on Secretary of Agriculture, cial banks and securities affiliates, 10 a.m., SD–538. 10 a.m., and on Forest Service Chief, 11 a.m. and 1:30 Committee on Commerce, Science, and Transportation, Sub- p.m., B–308 Rayburn. committee on Surface Transportation and Merchant Ma- Subcommittee on Labor, Health and Human Services, rine, to hold hearings on S. 414, to amend the Shipping and Education, on Office of AIDS Research; Office of the Act of 1984 to encourage competition in international Director; and Building and Facilities, 10 a.m., and on shipping and growth of United States imports and ex- National Commission on Libraries; National Council on ports, 9:30 a.m., SR–253. Disability; Physician Payment Review Commission; and Committee on Energy and Natural Resources, to resume on Prospective Payment Assessment Commission, 2 p.m., hearings to examine issues with regard to competitive 2358 Rayburn. change in the electric power industry, 9:30 a.m., Subcommittee on National Security, executive, on SH–216. readiness, 10 a.m., H–140 Capitol. Subcommittee on National Parks, Historic Preserva- Subcommittee on Transportation, on Federal Railroad tion, and Recreation, to resume hearings to examine the Administration, National Railroad Passenger Corporation, future of the National Park System and to identify and 10 a.m., 2358 Rayburn. discuss the needs, requirements, and innovative programs Subcommittee on Treasury, Postal Service, and General that will insure the Park Service will continue to meet Government, on GSA, 10 a.m., 2360 Rayburn. its responsibilities well into the next century, 2 p.m., Committee on Banking and Financial Services, to mark up SD–366. H.R. 607, Homeowners Insurance Protection Act; and to Committee on Environment and Public Works, Business consider the Committee Budget Views and Estimates for meeting, to consider pending nominations, time to be an- Fiscal Year 1998 for transmission to the Committee on nounced, S–216, Capitol. the Budget, 1:30 p.m., 2128 Rayburn. Committee on Finance, to continue hearings on improv- Subcommittee on Domestic and International Monetary ing Medicare choices, 10 a.m., SD–215. Policy, hearing on International Monetary Fund, 11 a.m., Committee on Governmental Affairs, Subcommittee on 2128 Rayburn Oversight of Government Management and The District Committee on Commerce, to mark up H.R. 1003, Assisted of Columbia, to hold hearings to examine the role of the Suicide Funding Restriction Act of 1997, 9:30 a.m., Department of Commerce in United States trade policy, 2123 Rayburn. promotion and regulation, and opportunities for reform Subcommittee on Finance and Hazardous Materials, and consolidation, 9:30 a.m., SD–342. hearing and mark up of H.R. 688, Leaking Underground Committee on the Judiciary, business meeting, to consider Storage Tank Trust Fund Amendments Act of 1997, 1 pending calendar business, 10:30 a.m., SD–226. p.m., 2322 Rayburn. Committee on Labor and Human Resources, to resume hear- Committee on Government Reform and Oversight, Sub- ings on proposed legislation authorizing funds for pro- committee on Human Resources and Intergovernmental grams of the Higher Education Act, 10 a.m., SD–430. Relations, to continue oversight hearings on the Depart- Committee on Rules and Administration, to hold oversight ment of Education: Mission, Management, and Perform- hearings to review the operations and budget of the Con- ance, 10 a.m., 2247 Rayburn. gressional Research Service and the Library of Congress, Subcommittee on National Security, International Af- 9:30 a.m., SR–301. fairs, and Criminal Justice, hearing on Improving Defense Committee on Veterans’ Affairs, to hold joint hearings Inventory Management, 9:30 a.m., 2154 Rayburn. with the House Committee on Veterans’ Affairs on the Committee on International Relations, hearing on the Ad- legislative recommendations of AMVETS, the American ministration’s Security Assistance Request for fiscal year Ex-Prisoners of War, the Veterans of World War I, and 1998, 10:15 a.m., 2172 Rayburn. the Vietnam Veterans of America, 9:30 a.m., 345 Cannon Committee on the Judiciary, Subcommittee on Courts and Building. Intellectual Property, hearing on H.R. 695, Security and Freedom Through Encryption (SAFE) Act, 9:30 a.m., Notice 2141 Rayburn. Subcommittee on Crime, hearing on reforming juvenile For a listing of Senate committee meetings sched- justice in America and related legislative proposals, 9:30 uled ahead, see pages E525–26 in today’s Record. a.m., 2237 Rayburn. March 19, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D277

Committee on National Security, Morale Welfare and nology of the Committee on Government Reform and Recreation Panel, hearing on military resale system, 1 Oversight, joint hearing on Year 2000: Implications for p.m., 2212 Rayburn. the Commercial Sector, 1 p.m., 2318 Rayburn. Subcommittee on Military Procurement and Sub- Committee on Transportation and Infrastructure, Sub- committee on Military Research and Development, joint committee on Aviation, hearing on review of Coopers and hearing on fiscal year 1998 Department of Defense au- Lybrand Independent Financial Assessment of the FAA, thorization request—Information Warfare, 10 a.m., 2118 9:30 a.m., 2167 Rayburn. Rayburn. Committee on Veterans’ Affairs, to consider the Commit- Committee on Resources, Subcommittee on Energy and tee Budget Views and Estimates for Fiscal Year 1998 for Mineral Resources, oversight hearing on Bureau of Land transmission to the Committee on the Budget; and to Management final rulemaking on bonding of hardrock mark up the following: a measure to allow revision of mining operations: Why was there no meaningful public comment solicited? 12:30 p.m., 1324 Longworth. veterans benefits decisions based on clear and unmistak- Subcommittee on Forests and Forest Health, hearing able error; and a measure to authorize VA’s authority to on the following bills: H.R. 799, to require the Secretary enter into enhanced-use leases, 2:30 p.m., 334 Cannon. of Agriculture to make a minor adjustment in the exte- Committee on Ways and Means, Subcommittee on Health, rior boundary of the Hells Canyon Wilderness in the hearing on recommendations regarding Medicare Hospital States of Oregon and Idaho to exclude an established For- and Physician Payment Policies, 1 p.m., 1100 Long- est Service road inadvertently included in the wilderness, worth. and H.R. 838, to require adoption of a management plan Subcommittee on Human Resources, hearing on the for Hells Canyon National Recreation Area that allows Administration’s Child support Enforcement Incentive appropriate use of motorized and nonmotorized river craft Payment Proposal, 11 a.m., B–318 Rayburn. in the recreation area, 10 a.m., 1334 Longworth. Subcommittee on Water and Power, oversight hearing Joint Meetings on Central Valley Project Operations and Administration Joint Economic Committee, to hold hearings to examine Reform Process, 2 p.m., 1334 Longworth. the current economic outlook and monetary policy, 10 Committee on Science, Subcommittee on Energy and Envi- a.m., 2175 Rayburn Building. ronment, hearing on fiscal year 1998 Budget Authoriza- Joint Hearing: Senate Committee on Veterans’ Affairs, tion Request: Department of Energy, Nuclear Energy; Environment, Safety and Health; and Environmental Res- to hold joint hearings with the House Committee on toration and Waste Management (Non-Defense), 10 a.m., Veterans’ Affairs on the legislative recommendations of 2318 Rayburn. AMVETS, the American Ex-Prisoners of War, the Veter- Subcommittee on Technology and the Subcommittee ans of World War I, and the Vietnam Veterans of Amer- on Government Management, Information, and Tech- ica, 9:30 a.m., 345 Cannon Building. D278 CONGRESSIONAL RECORD — DAILY DIGEST March 19, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 20 10 a.m., Thursday, March 20

Senate Chamber House Chamber Program for Thursday: Senate’s program is uncertain. Program for Thursday: Consideration of H.R. 1122, Partial-Birth Abortion Ban Act (closed rule, 2 hours of debate); and Consideration of H. Res. 91, Providing Amounts for Expenses of Certain Committees (modified closed rule, 1 hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Frelinghuysen, Rodney P., N.J., E519 Nadler, Jerrold, N.Y., E513 Goodling, William F., Pa., E511 Neal, Richard E., Mass., E512 Bateman, Herbert H., Va., E515 Gordon, Bart, Tenn., E518 Oxley, Michael G., Ohio, E515 Bryant, Ed, Tenn., E512 Green, Gene, Tex., E520 Pallone, Frank, Jr., N.J., E518 Castle, Michael N., Del., E512 Hamilton, Lee H., Ind., E514 Porter, John Edward, Ill., E516 Coble, Howard, N.C., E514 Hastings, Alcee L., Fla., E520 Riggs, Frank, Calif., E511 Crane, Philip M., Ill., E517 Houghton, Amo, N.Y., E517 Ros-Lehtinen, Ileana, Fla., E515 DeLay, Tom, Tex., E513 Johnson, Nancy L., Conn., E515 Rush, Bobby L., Ill., E520 Engel, Eliot L., N.Y., E522 Kennedy, Patrick J., R.I., E518 Shaw, E. Clay, Jr., Fla., E521 Ewing, Thomas W., Ill., E511 Lipinski, William O., Ill., E520 Towns, Edolphus, N.Y., E519 Fazio, Vic, Calif., E519 McCarthy, Karen, Mo., E519 Weller, Jerry, Ill., E512

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