E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, THURSDAY, JULY 27, 1995 No. 123 Senate (Legislative day of Monday, July 10, 1995)

The Senate met at 9:15 a.m., on the RYAN WHITE CARE of my son-in-law coming into our fam- expiration of the recess, and was called REAUTHORIZATION ACT ily, his parents came into our family as to order by the President pro tempore The PRESIDENT pro tempore. The well, a wonderful couple, Melvin and [Mr. THURMOND]. clerk will report the bill. Mattie. The assistant legislative clerk read Mr. President, we got to love and ap- PRAYER as follows: preciate both of them, and all the time A bill (S. 641) to reauthorize the Ryan that we knew Mattie, my daughter’s The Chaplain, Dr. Lloyd John White CARE Act of 1990, and for other pur- mother-in-law, she was very ill. She Ogilvie, offered the following prayer: poses. was dying of cancer, and had been suf- Lord God of history, today as the Ko- The Senate resumed consideration of fering for a long period of time. rean War Veterans Memorial is offi- the bill. Finally, Mattie passed away. Melvin and Mattie had been married 40-plus cially dedicated, we remember with Pending: profound gratitude the over 54,000 Helms amendment No. 1854, to prohibit the years. Then, after a few years had Americans who died, the more than use of amounts made available under this act passed, Melvin and a woman that he 8,000 still listed as missing, and the for the promotion or encouragement of ho- had known his entire life—she was a over 100,000 who were wounded in the mosexuality or intravenous drug use. widow, he was a widower—married. Korean war. May this day also be an Helms amendment No. 1855, to limit This relatively elderly couple on amounts appropriated for each of fiscal years their honeymoon recognized that Beu- opportunity to honor all those who 1996 through 2000 under title XXVI of the served our country and the cause of lah, the new wife, was ill. She did not Public Health Service Act to the level of know what was wrong, but she was freedom in this war. Never again may such appropriations in fiscal year 1995. they feel they fought in what some Helms amendment No. 1856, to ensure that very sick. And after having a signifi- have called the ‘‘forgotten war.’’ Federal employees will not be require to at- cant number of medical tests, it was learned that his new wife had AIDS. It Lord, sharpen our memories so that tend or participate in AIDS or HIV training programs. was determined she had contracted the we can realize again how crucial this Helms amendment No. 1857, to limit disease from her former husband. He war was for the liberation of the South amounts appropriated for AIDS or HIV ac- had had open-heart surgery and was Korean people from communism. Help tivities from exceeding amounts appro- given tainted blood. So this angelic us to remember that through this war priated for cancer. man, Melvin, who had spent many, there was an establishment of democ- Kassebaum amendment No. 1858, to pro- many years caring for his very sick racy and a dynamic industrial society. hibit the use of funds to fund AIDS programs wife dying of cancer, now faced another When we reflect on what might have designed to promote or encourage intra- venous drug use or sexual activity. tragic situation—his new wife was happened to the destiny of South Korea dying of AIDS. You see, Mr. President, had this battle for democracy not been The PRESIDENT pro tempore. Under anyone that gets AIDS dies. It is a ter- fought, we enter into this day of me- the previous order, the able Senator minal disease. It is only a question of morial with a great sense of debt to from Nevada is recognized. how long. Beulah suffered signifi- those who paid the high price for the Mr. REID. Mr. President, under the cantly, and recently passed away. freedom of a people who at that time, order that has previously been entered, how much time does the Senator from Mr. President, the reason I relate could not defend themselves. May this this story to my colleagues here in the day overcome the world’s neglect of Nevada have? The PRESIDENT pro tempore. Fif- Senate is that AIDS affects everyone. what these Americans endured, and at teen minutes. It does not affect a specific commu- last, affirm what they achieved. In- Mr. REID. Mr. President, my oldest nity. It does not affect a specific ethnic scribe on our hearts what is inscribed child, my only daughter, married a group. It does not affect just young on the 8-ton granite slab of this memo- young man from North Carolina, a fine men. It does not affect only young rial in the Washington Mall: young man, someone that our whole women. It has some effect on all of us. Our Nation honors her sons and daughters family has accepted. He has been great Really, Mr. President, that is what the who answered the call to defend a country to my daughter and to the whole fam- Ryan White legislation is all about. It they never knew and a people they never ily. We are very proud of both of them. recognizes that AIDS is an epidemic met. We have learned that when your that is sweeping the country. It recog- Lord God of hosts, be with us yet, child marries, other people automati- nizes that victims with AIDS need spe- lest we forget—lest we forget. Amen. cally come into the family. As a result cial help as a result of the disease.

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

S10747

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VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10748 CONGRESSIONAL RECORD — SENATE July 27, 1995 Ryan White, the young man whose as a result of the research done on Through avoiding emergency visits name is affixed to this legislation, had AIDS. I do not believe, Mr. President, alone, we save thousands and thou- a disease called hemophilia. As we that we are spending too much money sands of dollars. know, this is a disease where the on this disease. The success of this early intervention human body is unable to stop bleeding. The CARE Act is a model of local clinic was so impressive that two Reno These young people who have this dis- control, planning authority and fund- hospitals made grants of $50,000 each to ease need large amounts of blood in the ing decisions rest with State and local the clinic in 1993 to support HIV and form of transfusions. Ryan White, as a governments. The CARE Act programs related direct patient care. It would boy, was given tainted blood and provide health care and support serv- save the hospital money in the long wound up with the AIDS virus and ulti- ices to more than 300,000 people with run to keep the clinics open. mately full-blown AIDS. He suffered the HIV virus. The Ryan White CARE Mr. President, Nevada has the 11th tremendously, as anyone who has this Act, enacted in 1990, has, in effect, dis- highest per capita reported HIV cases disease does. aster relief to help America’s hardest in the Nation. The overwhelming ma- Mr. President, Ryan White lived to hit cities with AIDS. jority of HIV-infected Nevadans live in be 18 years of age. To add to this sad This act provides for Federal re- the Las Vegas area. Las Vegas is in re- story, Ryan White also suffered signifi- sources to States and localities to as- gion 9, which ranked fifth in the num- cant, severe discrimination. Why? Be- sess their needs and design effective ber of HIV cases. The majority of these cause he had this disease—AIDS. He strategies to meet them. infected individuals receive their med- struggled merely to attend public There are four titles to the CARE ical care at the University Medical schools. Eventually, he succeeded in Act. Title I provides for primary care. Center in Las Vegas. UMC spends mil- getting a court order which allowed Another title deals with a consortia of lions of dollars each year of taxpayers’ him into the school, but he was then local providers, with prescription money on AIDS treatment. ostracized by his peers. People lied drugs, and insurance continuation. The Ryan White legislation, Mr. about him. They claimed he spit on Title III provides for early interven- President, will save the people of the people and bit people. There were even tion, and categorical grants to private State of Nevada money as a result of accusations that he was a homosexual, and nonprofit entities already pro- early intervention. with all of the connotations relating to viding primary care. Title IV provides The Ryan White legislation, Mr. that, and many other hateful and spite- for coordinated comprehensive care for President, is something that we should ful things that this young man had to children, and families among other all support. It is important legislation. endure. things. This disease affects almost every His mother fought hard for her boy. This legislation, Mr. President, is an American. It has affected this Senator. She wanted him to have a normal important step to relieve people and It has affected many other people who childhood. Through her perseverance their immediate families and neighbors work in these Chambers. I think it is and her constant fighting to bring this from the problems that relate to people important that we understand that disease to the forefront, we passed the who are suffering from HIV/AIDS. Hav- when we help people who are sick, no Ryan White bill. ing people with HIV involved with the matter what disease they have or why This CARE Act is a cornerstone of CARE Act reduces further trans- they have it, helping them is the right Federal funding for AIDS-specific care. mission of this disease. thing to do. It is the right thing from There is bipartisan support, as there Having said that, we save money as a a moralistic standpoint, as well as the should be, for this reauthorization. We result of people being treated properly right thing to do from an economic do not know exactly how many Ameri- that have AIDS. It also reduces inap- standpoint. We save the taxpayers of cans are infected with the HIV virus. propriate use of emergency rooms and this country money by providing ap- We do know it is over a million. There inpatient hospitalization. propriate and proper care. I yield the is not a place you can go in the United I believe that prevention is the best floor. States that does not have a story to way to save money. With the Ryan The PRESIDING OFFICER (Mr. tell about AIDS. White Act, we are spending money now ASHCROFT). The Senator from New A recent poll was taken that shows in order to save money in the future. Hampshire. more than 70 percent of Americans be- So we should not be shortsighted in our Mr. GREGG. Mr. President, it is my lieve that funding should either be in- actions. The programs we have already understanding under the unanimous- creased or remain the same for AIDS- established have reduced inpatient care consent agreement, at this time I was related causes. There has been some costs, increased access to care for allocated an hour to bring forth an talk, Mr. President, on the Senate floor undeserved populations and improved amendment. I do not intend to bring that too much money is being spent on quality of life for those infected by the that amendment forward. people with AIDS. I have a number of epidemic. I have been discussing this with the answers to anyone who would make The AIDS epidemic is getting worse. chairman of the subcommittee and such a statement. First, any medical It was originally centered in large ranking member of the committee and research that is done, whether it is for urban areas. Now it is truly national. also with other cosponsors of this AIDS, cancer, diabetes, lupus, any dis- It affects rural America. amendment, which deals with the ex- ease you want to mention, helps us all, Without funding through this act, port activity, drug, pharmaceutical, because it is through medical research the AIDS epidemic in some commu- and device companies, and would ad- that breakthroughs come that help us nities will simply become unmanage- dress what I think is an absolutely es- in understanding disease generally. able. sential need to reform our export ac- For example, Mr. President, the bil- Mr. President, Reno, NV, a relatively tivities so that our drug, our biologi- lions of dollars spent on star wars has small community, has a real problem cal, and device companies are not put not resulted in a defense to stop incom- with treating people with this disease. at the significant disadvantage relative ing missiles, however, significant sci- Like all communities, we do not know to the international marketplace, and entific advancements were made as a exactly how many people have this dis- so they are not shipping abroad jobs, result of doing work on that project. ease, but at our early intervention technology, and research which is what Laser technology has advanced a thou- clinic we have a caseload of about 275 is occurring today. sandfold as a result of that research. people—again, Mr. President this is at This amendment, which would cor- The same applies, in my estimation, to an early intervention clinic. rect that problem and make our phar- research on AIDS-related diseases. If The reason this clinic is important, maceutical, biologic, and device com- we better understand the cause of Mr. President, and there are a number panies more competitive and give them AIDS, if we better understand and of reasons, but one reason is that it the opportunity to produce goods here, reach some conclusion as to better saves Nevada money. At this facility, sell them abroad in a reasonable man- ways to treat AIDS, and perhaps some- people can come and receive advice, ner, and to do their research here, day cure AIDS, there would be all counsel, and treatment, therefore, rather than shipping them abroad, is a kinds of side effects, positive in nature, avoiding unnecessary hospitalization. critical amendment.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10749 I have received a commitment, and I I am grateful to the Senator from sexual contact. In my home State of am very appreciative of this from the New Hampshire. This will give Mem- Washington, 37 of our 39 counties have chairman and ranking member of the bers an opportunity in the period of reported cases of AIDS. committee, that this matter will be time in the next several days to see if The National Center for Health Sta- taken up at a markup in committee we cannot find some common ground. tistics projects that deaths due to next Wednesday, as I understand it. There are some ideas and suggestions AIDS will increase 100 percent over the That is very satisfactory to me. that we have that I think can move us next 5 years. Clearly, the epidemic is I think that will give Members a very substantially toward the goal of not abating. chance to have a full airing at the com- the Senator from New Hampshire. It Mr. President, I believe the Federal mittee level and, hopefully, bring legis- would do it in a somewhat different Government has an important role to lation to the floor which will address way. play in combating the AIDS epidemic. this issue, which I do feel needs to be I welcome the opportunities to ex- But I also believe we—as parents, addressed in the short term rather plore those over the period of these neighbors, and human beings—have an than the long term. next several days and see if we cannot obligation to care for those living with With that background, I will not be have the discussion of those and con- HIV/AIDS. As more adolescents, our offering my amendment. I yield back sideration of those in the committee Nation’s children, become infected my time. next week, and then move that whole with the AIDS virus, we must ensure Mr. KENNEDY. Mr. President, I ex- process through in a timely way. they have access to adequate HIV-re- press appreciation to the Senator from I appreciate the willingness to pro- lated treatment and services. New Hampshire for proceeding this ceed in this way. I think we will get a When I see that adolescents are one way. It will permit the Human Re- better product and, hopefully, one that of the fastest growing populations of sources Committee to have an oppor- can have the broad support of the people with HIV/AIDS, I get particu- tunity to consider an extremely impor- Members. larly concerned. I am the mother of tant and significant change in terms of Mrs. KASSEBAUM. Mr. President, I, two teenagers. I know AIDS is an issue our export policy, in terms of medical too, am appreciative of being able to they are very worried about. I want to devices, and other pharmacological work this out. We will put this legisla- do all I can to assure them that as a products. tion on the committee markup cal- nation we are facing up to this crisis, It is a very, very important issue. At endar for next week. and that perhaps one day they can the present time, for example, we are I am a cosponsor of the legislation raise their kids in a world that is no able to export to the 21 countries that that has been introduced by the Sen- longer threatened by AIDS. have the technological and scientific ator from New Hampshire. I know that One of the first trips I took as a U.S. basis. If those countries have approved Senator was to the pediatric AIDS Senator GREGG has some very strong those particular products, we can ex- and very constructive views on FDA re- ward at the National Institutes of port to those. But this would open up Health. I was both heartened by the form, as many Members do. We are export to a wide range of different progress made by the researchers, and working toward a comprehensive ap- countries that do not have that kind of heartbroken by the unimaginable loss proach including the specifics of the scientific basis. of life that is inevitable in the coming export policy. I think this is a very We have to take note that we have decade. Americans that will be living in those positive direction for Members to go. I still have vivid memories of that I appreciate all parties concerned, in- countries, that will be traveling in trip to NIH. those countries, that will be perhaps cluding Senator KENNEDY and the other I remember the face of a young boy, consuming these various products. I members of the Labor Committee, for barely in his teens, although physically think we want to make very, very sure being willing to put, this legislation on he was the size of a 6-year old. His that the type of product that will be the markup calendar. whole young life and that of his fam- exported from the United States is Mr. President, we are trying to con- ily’s were consumed with trying to out- going to be safe and efficacious. We firm that all Members are notified that wit this terrible disease. Tragically, he have seen too many instances in the the vote schedule will probably be a bit died a short time later, but I am deter- past, even when products have been earlier than we had anticipated, since mined to ensure that we do all we can utilized in foreign countries and found the FDA amendment has been worked and not turn our backs on our children. to provide a very substantial and sig- out. I think we are trying to arrange They are our future and they deserve nificant health hazard, they have still for 10 o’clock, but this has not yet been better. been exported to other countries and finalized. The Ryan White CARE Act is one of endangered the health and the well- Mrs. MURRAY. Mr. President, I rise the best programs to care for people being of children, expectant mothers, today in strong support of S. 641, the living with HIV-infection. Our con- and others. Ryan White CARE Reauthorization Act stituents have told us how much they We want to be very, very sure that of 1995. I am proud to join 63 of my col- have come to rely on the services fund- we are going to be part of a world sys- leagues from both sides of the aisle in ed through the Ryan White CARE Act. tem in terms of competitiveness, but cosponsoring this bill, and I thank our Maybe we need to reflect for a mo- also that if the products are going to distinguished majority leader, Senator ment on what these services mean to a be exported from the United States, DOLE, for bringing the measure to the person living with AIDS. Because of that they are going to need, I think, floor. the lifesaving resources the Ryan some minimal standards either estab- The AIDS epidemic is one of the most White Act provides, people living with lished here or established in other serious public health crises the world HIV/AIDS have access to mental health countries that have the scientific capa- has ever faced. AIDS is now the leading counseling, transportation to medical bility and capacity. cause of death of Americans between appointments, companion care, and the As I mentioned, 21 countries do have the ages of 25 to 44. Even more star- delivery of a nutritional meal. In other that. To even provide the degree of tling to me, AIDS is the second highest words, the Ryan White CARE Act gives flexibility to the FDA, if they make a cause of death among women across people with AIDS a most precious judgment that they believe other coun- our country. In addition, AIDS cases gift—a little peace of mind. tries have that kind of expertise and among people of color are on the rise I am proud of the people who are they feel it is warranted and justified, and rural populations are witnessing fighting on the frontlines of this epi- to be able to export those, I think we sharp increases of reported AIDS cases. demic in my State. Without Ryan ought to be able to consider that. We all know that AIDS has dev- White funding, organizations like the There are some very, very important astated the gay and hemophiliac com- Northwest AIDS Foundation and the public policy issues involving not only munities. Yet, surveillance data from Chicken Soup Brigade would not be the economic issues in terms of export the Centers for Disease Control show able to continue their life-sustaining market, but also health issues in terms the rates of increases in AIDS cases are work. of products that are made here in the highest among women, adolescents, Let me repeat that. Without funding United States. and persons infected through hetero- from the Ryan White Act, people who

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10750 CONGRESSIONAL RECORD — SENATE July 27, 1995 are too sick to leave their homes could ness, disease, and the devastating im- cent of diagnosed AIDS cases. Given not count on a home-delivered meal, pact of the HIV virus on our fellow citi- the typical lengthy period between nor would they have access to HIV-re- zens. HIV-infection and diagnosis with AIDS, lated counseling and treatment serv- I would hope that the fight against it is likely that these young people be- ices. It seems to me that ensuring the AIDS, like the fight against cancer or came infected as adolescents. And in value of dignity in someone’s last days heart disease would unite us, and 1993, the largest increases in reported is not too much to ask for in this strengthen our resolve as a commu- AIDS cases occurred among young peo- greatest of countries on Earth. nity, because HIV knows no cultural ple between the ages of 13 to 19 and 20 And, let us not forget, the Ryan bounds, and spares no gender, color, to 24. Additionally, the number of preg- White CARE Act saves us money. Ryan creed, or national origin. I wish that nant women and children born with the White-supported volunteer programs this Senate could unanimously support disease continues to grow with the epi- and case management programs are legislation—without divisive amend- demic. cost-effective alternatives to hos- ments—that addresses, a devastating My State of Connecticut is hard hit pitalization and institutional care. disease with tragic consequences that by the epidemic, where the problem Early intervention care services keep has torn families and friends apart. continues to grow. More than one-sixth people living with HIV healthy and Mr. President, in this debate let us of our total AIDS cases were reported working far longer. And Ryan White not drift too far afield from what this in 1994 alone. services help prevent the spread of HIV legislation would do. We are simply The epidemic has hit my State’s by increasing people’s awareness and talking about outpatient medical care poorest cities the hardest. Ninety per- understanding of the disease. to those who suffer the HIV virus. We cent of the AIDS cases in Connecticut Sooner or later, every Member of this are talking about supporting services are concentrated in the New Haven and Chamber will be personally touched by to families and individuals living with Bridgeport metropolitan areas and in the shadow of AIDS. the HIV virus and AIDS. We are talk- Hartford County. In Hartford, AIDS is I already know what it feels like to ing about education and prevention. the leading cause of death among have a good friend call and sadly con- We are talking about altering funding youth. Pediatric AIDS cases are twice firm he has been diagnosed with HIV. formulas to reflect the geographic and the national average. Female AIDS My very good friend and former col- demographic reality of where the prob- cases are also twice the national aver- league in the Washington State Senate, lem is and who needs the help. age. Hartford will receive title I funds Cal Anderson, has been living with We are simply talking about fairness, in the coming year to help it cope with AIDS for several months. I served with about doing all we can to help victims this crisis. Cal before coming to this body, and I and families who have struggled with In New Haven, 3,355 cases had been feel honored to be able to call him my HIV. We should not divert our atten- diagnosed through December 1994, and friend. Cal is one of the most deter- tion from intolerance of the suffering an estimated 8,039 were infected with mined, respected, and strongest people HIV causes to intolerance of those who HIV. In Bridgeport, there are between I know. He has not let his health get in suffer. 3,400 and 4,000 cases of HIV infection, 16 the way of his drive and commitment In conclusion, beyond the specifics of percent in the age group 15 to 24. to serving the people of our State, and this important legislation, I see the The Ryan White CARE Act provides I want to let him know how much I ad- Ryan White CARE Act as a test of our vital funds to help States, cities, indi- mire his courage and his wisdom. leadership in the U.S. Senate, and as a viduals, and families cope with the This is a disease that affects us all, symbol of our commitment to the fun- epidemic’s impact. Title I of the act Mr. President. Finger-pointing and damental concept of community that provides dollars to metropolitan areas moralizing have no place in this de- holds us together as a diverse nation, disproportionately affected by the epi- bate. The AIDS virus does not choose strengthened by our differences. demic. The funds go to health care and its victims, and it does not seek to I yield the floor. support services to prevent hospitaliza- punish them either. None of us shall Mr. DODD. Mr. President, I rise in tion and improve the lives of individ- tolerate the suggestion that people strong support of the Ryan White Re- uals living with HIV infection and who get AIDS are disgusting and rep- authorization Act of 1995. I would like AIDS. Title II provides funds to States rehensible. All I know is that people to thank the chair of the Labor and for the delivery of health care and serv- with AIDS are sick—and they need our Human Resources Committee, Senator ices, the development of community- help and our compassion. KASSEBAUM, and the ranking member, based consortia, and services such as Mr. President, the time to act is now. Senator KENNEDY, for all the hard work health insurance continuation and HIV I urge all of my colleagues to support that they have put into this bill. medication reimbursements. Title III B swift and final passage of the reauthor- AIDS continues to be a serious public supports early intervention services on ization of the Ryan White CARE Act. health problem in this country. It has an outpatient basis. Title IV provides Mr. KERRY. Mr. President, The Ryan become the leading killer of U.S. grants for services for women and chil- White CARE Act is about people. It is adults between the ages of 25 to 44. dren. about community and caring and, fun- Since it was first identified in the early The strength of the Ryan White Pro- damentally, it is about our response to eighties, nearly 500,000 cases of AIDS gram is made clear by the broad bipar- a public health crisis, and the fairness have been reported. More than 40 per- tisan support for the bill. It was ini- with which we deal with such crises. It cent have been diagnosed in the last 2 tially passed in 1990 with the sponsor- is about community and what we stand years. Clearly, the situation is getting ship of Senators KENNEDY and HATCH for as a nation. It is about adequate worse, not better. And as much as we and signed into law by President Bush. education and the prevention of a dead- would all like to see this crisis just go It now enjoys the support of more than ly disease. It is about Government’s away, it will not. AIDS is rippling 60 Members from both sides of the rightful role in protecting the health of through every one of our States—from aisle. Americans. And it is about life and rural hamlets to major cities. It is a The services paid for under this act hope, health and caring. national problem that requires a na- are desperately needed by the health It is the function of this body to de- tional response. care providers and institutions that bate issues on principle, and there will The disease strikes and kills Ameri- work on the frontlines of this illness always be issues that will philosophi- cans in the prime of life—the most pro- and by the individuals and families cally divide us, but illness and human ductive members of our society. The that live with the disease. I urge my suffering is not a wedge issue; and it median age at time of infection is 25 colleagues to support this reauthoriza- should not be debated based on our years of age. tion bill. fears and our anxieties. I sincerely The spread of HIV and AIDS among Mr. HARKIN. Mr. President, I rise to hope that, in discussing AIDS edu- young adults is particularly alarming. share my strong support for S. 641, the cation, prevention, and funding we do According to the Centers for Disease Ryan White CARE Reauthorization Act not engage in a debate about cultural Control, young adults from 20 to 29 of 1995. The AIDS emergency is far differences or lifestyles, but about ill- years of age account for almost 20 per- from over. In fact, it is only getting

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10751 worse. Now more than ever, we need mentia. His parents attempted to care for Mrs. KASSEBAUM. That is correct. the Ryan White CARE Act. him at home, but could not cope with the de- Health officials in Kansas tell me that The Ryan White Act is a vital source mands of his illness and his confused mental the dental needs of persons with HIV of health services for people with condition. In desperation, they drove to Des disease differ from those of people Moines and left Bob at the front entrance of without chronic diseases—while many AIDS. Often, it is the only source of Broadlawns Medical Center. help available. AIDS victims com- Bob’s parents, we found, were not bad peo- Americans visit the dentist primarily monly suffer from discrimination and ple—they simply had reached the end of for preventive care, I understand that social isolation, leaving them with no their emotional and financial rope. some patients with AIDS experience one to turn to when they get sick. A social worker from Broadlawns called mouth lesions and pain so devastating Also, they often lose their health our agency, and we picked Bob up and took that they see their dentist more often care coverage, so they must rely on him to our office. In less than 24 hours, we than their physician. public assistance for care. That is found Bob a place to live, purchased vitally Mr. HATCH. Receiving treatment for needed medications, connected him with vol- where the Ryan White Act comes in. It oral diseases is often difficult for HIV/ unteer support, and provided ongoing case AIDS patients because many are unin- is there to lend a hand in times of cri- management that continues to help Bob sis when there is nowhere else to turn avoid harmful decisions. sured and, in addition, most dental to. Today, five months later, Bob’s condition services are not reimbursed under For those who think that AIDS is no has stabilized. Medicare and are seldom covered by longer a major crisis in the United He has re-established his relationship with Medicaid. As a result, dental schools States, I have a wake-up call for you: his parents, and he has the medications, and hospitals provide a safety net for the AIDS epidemic is at its height. Ac- care, and counseling he requires. His life is many of these uninsured patients, but not easy, and his disease is not cured, but risk serious financial problems in cording to the Centers for Disease Con- one more human life was pulled from the trol and Prevention, AIDS has now doing so. abyss. In fiscal year 1995, over 73,000 pa- grown to become the No. 1 killer The Ryan White CARE Act made this all among American males aged 25–44. In possible. tients nationwide were cared for through this program; over $14 million 1992, there were approximately 48,000 In closing, Kirk had one final note to new AIDS cases in the United States. in unreimbursed dental care was pro- share that I would like to pass on to vided, for which the Federal Govern- Last year, that number grew to more my colleagues. He says: than 80,000. We should all be alarmed. ment reimbursed approximately 49 per- Tell the Senators who oppose this legisla- cent. Some would like us to believe that tion that we who are working in the fields AIDS is a disease that affects only ho- It is my understanding that the have come to believe that AIDS poses a House Commerce Committee included mosexuals and drug-users. Some people moral question that must be answered—how still refer to AIDS as a ‘‘gay disease.’’ our society cares for the sick and despised is, this program in its Ryan White reau- But, Mr. President, that invective in reality, a test of our national character thorization bill, and that the House which we hear is also a virus. It is the and our national will. If Americans truly Appropriations Committee has contin- virus of ignorance, the virus of indiffer- care for each other, we care for all our peo- ued funding for the program in its fis- ple. ence, the virus of intolerance spreading cal year 1996 bill. I do not want to hold up the progress of this bill, so I am not a dangerous message. And we have to Kirk is right—this legislation is a offering an amendment today, but I put a stop to that virus, too. test of our national will and our na- AIDS is not a ‘‘them’’ disease. It is tional character. Unfortunately, time hope that we can find a way to reau- an ‘‘us’’ disease. Every American—re- is running out. The longer we wait on thorize the AIDS dental program in the Ryan White CARE Act as it moves for- gardless of color, creed, gender, or sex- this bill, the more dangerous the situa- ward in conference with the House. ual orientation—is at risk for AIDS. tion becomes. Mrs. KASSEBAUM. I certainly appre- Recently, in some parts of the coun- On September 30, the Ryan White ciate the comments of the distin- try, the rate of AIDS incidence has CARE Act will expire unless we move guished Senator. shown signs of leveling off in the homo- forward with reauthorization. Also, the appropriations process is well under- As you know, in the health profes- sexual population. Unfortunately, at sions bill which cleared the Committee the same time, the heterosexual AIDS way in both Houses, which means that we need move quickly to ensure that on Labor and Human Resources earlier epidemic is rising at an alarming rate. this year, we consolidated this program Growing numbers of women are con- the new act is firmly in place so that it gets full and fair consideration for with others. This would allow the Sec- tracting AIDS. Also, teenagers in the retary to determine if AIDS dental United States now have one of the fast- funding. On behalf of the thousands of Ameri- training programs are really needed. I est growing rates of infection. understand the Senator from Utah’s cans who suffer from AIDS and their While AIDS continues to have a dis- concerns, but, this is an issue which I families, I strongly urge my colleagues proportionate impact on urban areas, will reexamine in the context of the to support passage of S. 641. it is cropping up in our suburban and health professions bill. This act is a life-line for those with rural areas as well. Iowa has reported Mr. HATCH. Mr. President, I rise to over 650 cases since the epidemic AIDS. Let us act now before it is too comment on an agreement reached ear- began. You don’t have to travel far to late. lier among my colleague from New run up against this deadly disease—it’s DENTAL PROVISIONS OF THE RYAN WHITE CASE Hampshire, Senator GREGG and the dis- right in our own backyard. Mr. HATCH. I am pleased to see the tinguished floor managers for this bill, In Iowa, we have four Ryan White consolidation of most all of the Federal Senator KASSEBAUM and Senator KEN- CARE consortias in operation around AIDS programs under the Ryan White NEDY. Senator GREGG agreed to with- the State. They receive no funding AIDS CARE Act, as I believe that this draw his amendment this morning and from the State, nor do they get city or will enhance the coordination of the the measure will be considered at a county funds for program costs or di- services that we provide. I am con- markup at the Labor Committee next rect services. Without the Ryan White cerned, however, that S. 641 fails to in- Wednesday. I am very pleased by this Act, these organizations would be un- clude a very important education and outcome and wish to express my appre- able to function, and many Iowans service program—the HIV/AIDS dental ciation to Senator GREGG for his lead- with AIDS would be left out in the program. ership on this issue. cold. Mrs. KASSEBAUM. The Senator is The Gregg amendment closely par- I recently received a letter from Kirk correct. allels S. 593—the FDA Export Reform Bragg, director of the AIDS Project of Mr. HATCH. As the Senator knows, and Enhancement Act of 1995. The central Iowa. In his letter, he gives an dental care is consistently identified as amendment allows the free export of excellent example of the kind of care one of the unmet needs of most AIDS drugs and medical devices not approved Ryan White provides in our State. Let patents. In fact, the need for dental by the FDA for use in the United me share it with you: care has been used to illustrate the im- States to member countries of the Five months ago we received a call for portance of reauthorizing the Ryan World Trade Organization, if certain help. Bob R. has AIDS and HIV-related de- White CARE Act. safeguards are satisfied.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10752 CONGRESSIONAL RECORD — SENATE July 27, 1995 Before this markup takes place, I logics and also was head of the World HIV disease were significantly reduced plan to work closely with Senator Health Organization’s biologicals unit compared to control hospitals not re- GREGG and other Members to make for several years. He completed his ca- ceiving Ryan White funds. On average sure we have a bill which is acceptable reer within the Public Health Service the proportion of early stage patients to the committee. as the Deputy Director of the National at Ryan White funded sites was 24 per- This amendment builds upon the bi- AIDS Program Office. cent lower than at control sites at hos- partisan 1986 legislation that I spon- Permit me to read a few excerpts pitals with primary care funded by sored to allow export of pharma- from Dr. Petricciani’s comments: Ryan White. ceuticals to certain specified countries. The real issue here is one of benefit and Second, as a result of reduced utiliza- It is clear to me that this list is too risk. Do the benefits to foreign countries in tion of inpatient services at the 19 hos- rigid and outdated. the current law outweigh the risks imposed pitals funded by Ryan White to provide The 1986 law identifies 21 countries, on the U.S. in terms of draining jobs and primary care, estimated gross savings but some of the countries omitted from capital investment in research, development, were achieved in excess of $25 million a and manufacturing? As has been pointed out the list may surprise my colleagues. by others, one of the results of that drain is year. For example, absent from the list are the earlier availability of products in Europe Finally, it has been estimated that Israel, Greece, Brazil, and Russia. It and elsewhere than in the U.S. If we were without CARE Act-funded programs, strikes me a little ironic that in the discussing electronics or automobiles, I HIV-related Medicaid expenditures in conduct of foreign affairs we are al- would not be as concerned because the Amer- New York would have been 71 percent ways cautioned about meddling in the ican people are not being placed at a mean- higher. This represents a cost-savings internal affairs of other countries such ingful disadvantage by such delays. of over $300 million. According to New However, the issue here is medical prod- York’s AIDS Institute, the CARE Act- as Israel and Russia, but the law, the ucts that can make a very big difference in relatively pedestrian Federal Food, the health of the American people. The cur- funded reimbursement pools for pri- Drug, and Cosmetic Act, in effect rent law is resulting in new products being mary care and home care saved ap- deems these nations as incapable of introduced first in foreign countries, where proximately $3 for every $1 invested. managing their own affairs. U.S. firms are forced to manufacture them. I It is critical to remember that, by As Dr. Michael King, vice president believe that we are paying far too high a helping people with HIV to remain for science and technology at Merck, price in terms of delayed availability of new healthy and productive for as long as products in the U.S. for the theoretical ben- possible, the Ryan White CARE Act is said at the recent Aging Subcommittee efit being provided to developing countries. hearing on my bill: helping us save both lives and money. I would also like to point out that if a U.S. The Ryan White CARE Act has prov- * * * the drug export laws have tilted the company really wanted to export a product playing field against locating manufacturing that would be unacceptable in the U.S., all en effective in meeting the needs of jobs in the Untied States. they would have to do is manufacture it out- States and communities affected by At the July 13 hearing, medical de- side the U.S. and export it to a developing the HIV epidemic, and it deserves to be vice manufacturers took the same country. reauthorized without delay. view. Mr. Arthur Collins, chief oper- I think that Dr. Petricciani says it Mr. HATFIELD. Mr. President, since its original passage in 1990, I have been ating officer of Medtronic, the world’s very well. This legislation is sound a strong supporter of the Ryan White largest manufacturer of medical de- trade policy and is consistent with the CARE Act. In the early 1980’s as we saw vices, headquartered in Minneapolis, public health. So while I recognize the the rapid spread of AIDS throughout said: concerns of those who might criticize this legislation, I hope that they will our Nation, it became apparent that * * * every week that the current policy con- HIV and AIDS treatment and care serv- tinues to be implemented, more American consider this perspective before they jobs are lost through the relocation of manu- decide their position on this bill. ices were lacking. This bill has made a facturing overseas and the loss of market Mr. D’AMATO. Mr. President, I rise significant difference in building an in- share to foreign competitors. The jobs being to support the swift approval of S. 641, frastructure of critical care services lost are technologically oriented, and in ad- the Ryan White CARE Act reauthoriza- for those suffering from this horrible dition to being highly paid, they represent tion. disease. high levels of skills and education that will The Ryan White program is a key We all know the chilling facts—AIDS produce further innovation in the future. Ac- element of the safety net for persons is now the leading cause of death of tion must be taken quickly to stem this de- with HIV-AIDS—funding critical med- young Americans ages 25 to 44. The cline. ical care, support services, and pre- prevalence of the disease among I plan to continue to work hard on scription drug assistance to prolong women is rising dramatically. In my this legislation since it means jobs for and improve the lives of those living own State of Oregon, we have seen Americans and can help us maintain with this disease. more than 2,900 AIDS cases since 1981. our leadership in medical technology. This program is particularly impor- Nearly 1,000 of these cases were re- This will result in improvement to the tant to New York, which, unfortu- ported in 1993 and 1994. In addition, public health both here in America and nately, continues to be the epicenter of there are currently an estimated 6,000 abroad. This is good legislation and I this deadly epidemic. Of the 442,000 to 10,000 Oregonians infected with HIV. believe that we can and should work AIDS cases reported to the U.S. Cen- We can now say that nearly every Or- together to address any legitimate con- ters for Disease Control as of December egon county is affected. cerns that are raised and adopt this 1994, 83,000—or almost 19 percent—oc- As chairman of the Appropriations measure. curred in New York State, and 72,000— Committee in the early 1980’s, I was On one final point, I knew that there about 16 percent—occurred in the New able to play a role in providing the are some in this body who have con- York City metropolitan area. In New first Federal AIDS funding. We were cerns about the possibility of this leg- York City alone, an estimated 200,000 able to take these first steps in the ab- islation resulting in dumping of unsafe individuals are thought to be infected sence of an AIDS authorization bill products in the Third World and about with HIV. Tragically, since 1988, AIDS until the 100th Congress, when the first the potential for less than scrupulous has been and continues to be the lead- authorization bill was passed. Despite behavior under the bill. ing cause of death for men and women the dim fiscal realities we face this I commend my colleagues’ attention aged 25–34. year in the Appropriations Committee, to the comments provided to the Labor Ryan White has provided critical sup- I remain committed to assuring that and Human Resources Committee by port to help mitigate the horrible im- funding for health care programs and the Massachusetts biotech company pact of this epidemic in my State. The medical research, including the impor- Genetics Institute, Inc., official, Dr. following are just a few of the positive tant HIV and AIDS programs author- John Petricciani. I should note that be- effects resulting from the first 3 years ized under this bill, are funded to the fore joining the private sector, Dr. of Ryan White funding in New York greatest extent possible. Petricciani spent over 20 years as a State, according to an analysis by the Mrs. KASSEBAUM. I suggest the ab- commissioned officer in the United New York State AIDS Institute: sence of a quorum. States Public Health Service. He was First, the proportion of hospital ad- The PRESIDING OFFICER. The Director of the FDA Center for Bio- missions for patients in early stages of clerk will call the roll.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10753 The assistant legislative clerk pro- health care system in ways it has not demic is spreading. It is no longer con- ceeded to call the roll. been challenged before as it moves fined to certain populations or certain Mrs. KASSEBAUM. Mr. President, I through the population with terrifying geographic locations, but is now clear- ask unanimous consent that the order speed and deadliness. ly affecting rural as well as urban for the quorum call be rescinded. It is estimated that over 1 million areas, women and children as well as The PRESIDING OFFICER. Without Americans are currently infected with men. objection, it is so ordered. HIV. A quarter of a million Americans Any of us who previously felt con- Mrs. KASSEBAUM. Mr. President, I have already died from this disease. fident and untouched by HIV because ask unanimous consent that the Sen- Far from going away, this virus is AIDS affected other people must now ator from Florida, Senator MACK, be spreading through geographic and de- reexamine those assumptions. Soon we added as an original cosponsor of mographic regions that we might pre- will all have friends whose lives have amendment numbered 1859 to S. 641, viously have considered unaffected. been touched by this disease. I had the and that he also be added as a cospon- When the Ryan White CARE Act was honor of hosting one of my friends, sor to S. 641, the Ryan White CARE first passed with wide bipartisan sup- David Curtis, at a Labor Committee Act. port 5 years ago, we clearly recognized hearing on this bill. The PRESIDING OFFICER. Without the need for addressing this emerging David Curtis and I have known each objection, it is so ordered. epidemic through a national health other for over 30 years. David is a law- Mrs. KASSEBAUM. Mr. President, I program. This bill is not about homo- yer, around my age, in fact we clerked suggest the absence of a quorum. sexuality. This bill is not about absti- together. He’s from a similar back- The PRESIDING OFFICER. The nence. This bill is about judgment. ground to my own, and I would venture clerk will call the roll. This bill is about providing health care to guess, similar to that of many of my The assistant legislative clerk pro- to people who are suffering from a dis- colleagues. David Curtis has AIDS. ceeded to call the roll. ease. As a person living with AIDS he told Mr. COATS. Mr. President, I ask We designed the CARE Act to do our committee of the debilitation of unanimous consent that the order for equally two important things: to pro- this disease, how he can no longer drive the quorum call be rescinded. vide help and health services to those over half an hour without stopping to The PRESIDING OFFICER. Without already living with AIDS, as well as to rest, how he has been forced to sharply objection, it is so ordered. take the pressure off our critical care curtail his practice of law. As former Mr. COATS. Mr. President, I ask units and emergency rooms by uti- chair of the largest AIDS service orga- unanimous consent that I be allowed to lizing early intervention techniques nization in Vermont he also told of the speak as if in morning business for 5 with AIDS and HIV patients. It is cost difficulties of providing services to peo- minutes. effective. The Ryan White CARE Act ple who live tens and sometimes hun- The PRESIDING OFFICER. Without funds community-based organizations dreds of miles apart and how CARE Act objection, it is so ordered. to provide needed outpatient care at funding helps make it possible for peo- The Senator from Indiana is recog- the local level in the most cost-effec- ple to get access to health care, serv- nized. tive and efficient ways possible for the ices, counseling, and pharmaceuticals Mr. COATS. I thank the Chair. populations that need help the most. that otherwise would not be available. (The remarks of Mr. COATS per- One study even indicated that a per- The Ryan White CARE Act helps peo- taining to the introduction of S. 1079 son receiving outpatient managed care ple like David, people living with HIV are located in today’s RECORD under spends 8 fewer days in a hospital than and AIDS, not only in Vermont, but all ‘‘Statements on Introduced Bills and a person not receiving such care. This over the country, to get the help they Joint Resolutions.’’) would indicate a cost savings of over need. The face of AIDS is changing, it Mr. COATS. I yield the floor. $22,000 per person. is affecting the people I know and the I suggest the absence of a quorum. I think it is important to outline people we all know. We must all re- The PRESIDING OFFICER. The what these funds do and do not do. Dol- member during this debate that the clerk will call the roll. lars from the CARE Act go to increas- disease could easily affect us or some- The legislative clerk proceeded to ing the availability of critical out- one we care about. call the roll. patient primary care services, pro- If we and our loved ones are affected, Mr. JEFFORDS. Mr. President, I ask viding support services and improving I know we will want adequate re- unanimous consent that the order for the quality of life of those living with sources to be available to help with the quorum call be rescinded. HIV. In Vermont the CARE Act money prescription drugs, health care, and The PRESIDING OFFICER (Mr. is primarily used to provide pharma- support services. The Ryan White INHOFE). Without objection, it is so or- ceuticals to people with HIV and AIDS CARE Act is an assurance that help dered. who need drugs but cannot afford will be available. So for my friend, Mr. JEFFORDS. Mr. President, I will them. David Curtis and the millions of other be very brief because I know we are Successful outpatient care keeps peo- Americans affected by HIV, I hope my about ready to vote. I did not want to ple out of the hospital, improving their colleagues will join me in supporting let this time go by without expressing quality of life, while saving the system the Ryan White CARE Act as reported my strong support for the Ryan White money. When early interventions and out of the Labor Committee. Act, and I am proud to be an original primary care are used successfully, the Mr. President, I yield the floor. cosponsor. health care system saves untold dollars Mrs. KASSEBAUM. Mr. President, I As many of my colleagues have al- in unused emergency health care serv- appreciate the statement and the co- ready pointed out, we need to pass this ices. From a purely fiscal perspective, sponsorship of the Ryan White CARE bill as written with an authorization we cannot afford not to fund these pro- Act. Senator JEFFORDS, a member of for adequate funding. The statistics are grams. the Labor and Human Resources Com- clear. AIDS has become one of the The funding these community based mittee, has been a thoughtful contrib- most difficult and complicated public organizations receive goes to care and utor to the Committe in crafting this health threats in recent memory. The services. It does not go to advertise- legislation. incidence of AIDS and the need for the ments in the Washington Blade. It does AMENDMENT NO. 1860 Ryan White CARE, far from abating, not go to brochures about prevention. (Purpose: To limit amounts expended for are increasing. Some today have asked: The dollars that we authorize in this AIDS or HIV activities from exceeding Why AIDS? Why the Ryan White CARE bill help sick people, people from all amounts expended for cancer) Act? What is so important about this walks of life, all demographic groups, Mrs. KASSEBAUM. Mr. President, I program? to get the health care and other serv- ask that amendment No. 1860 be called Well, it has already been said but it ices that they need to live with this up, and I ask for the yeas and nays for bears repeating, that AIDS is now the deadly disease. that amendment as well as amendment leading killer of men and women ages During our committee consideration No. 1858 in the proper ordering of the 25 to 44. This virus is challenging our it became clear that the AIDS epi- listing of amendments.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10754 CONGRESSIONAL RECORD — SENATE July 27, 1995 The PRESIDING OFFICER. The Rockefeller Shelby Thompson Snowe Stevens Warner Roth Smith Thurmond Specter Thurmond Wellstone clerk will report the amendment. Santorum Stevens Warner The legislative clerk read as follows: NOT VOTING—1 NAYS—45 The Senator from Kansas [Mrs. KASSE- Bennett BAUM] proposes an amendment numbered Akaka Graham Moseley-Braun So the amendment (No. 1855) was re- 1860. Biden Harkin Moynihan Bingaman Hatfield Murray jected. Mrs. KASSEBAUM. Mr. President, I Boxer Inouye Nunn Mr. KENNEDY. Mr. President, I ask unanimous consent that further Bradley Jeffords Packwood move to reconsider the vote. Bryan Kassebaum Pell reading of the amendment be dispensed Campbell Kennedy Reid Mr. EXON. I move to lay that motion with. Chafee Kerrey Robb on the table. The PRESIDING OFFICER. Without Cohen Kerry Sarbanes The motion to lay on the table was objection, it is so ordered. D’Amato Kohl Simon agreed to. Daschle Lautenberg Simpson The amendment is as follows: Dodd Leahy Snowe VOTE ON AMENDMENT NO. 1856 At the appropriate place, insert the fol- Feingold Levin Specter The PRESIDING OFFICER. The lowing new section: Feinstein Lieberman Thomas question is on agreeing to amendment Gorton Mikulski Wellstone SEC. . LIMITATION ON APPROPRIATIONS. No. 1856. The yeas and nays have been Notwithstanding any other provision of NOT VOTING—1 ordered. law, the total amounts of federal funds ex- Bennett The clerk will call the roll. pended in any fiscal year for AIDS and HIV So the amendment (No. 1854) was The legislative clerk called the roll. activities may not exceed the total amounts Mr. LOTT. I announce that the Sen- agreed to. expended in such fiscal year for activities re- ator from Utah [Mr. BENNETT] is nec- lated to cancer. Mr. HELMS. Mr. President, I move to essarily absent. Mrs. KASSEBAUM. I ask for the yeas reconsider the vote. The result was announced—yeas 99, and nays on both amendment No. 1860 Mrs. KASSEBAUM. I move to lay nays 0, as follows: that motion on the table. and amendment No. 1858 when they fall [Rollcall Vote No. 335 Leg.] The motion to lay on the table was in the proper order of our voting this YEAS—99 agreed to. morning. Abraham Feinstein Lugar The PRESIDING OFFICER. Is there Mrs. KASSEBAUM. Mr. President, I Akaka Ford Mack objection? ask unanimous consent that all re- Ashcroft Frist McCain Without objection, it is so ordered. maining votes in the voting sequence Baucus Glenn McConnell be limited to 10 minutes in length. Biden Gorton Mikulski Is there a sufficient second? There Bingaman Graham Moseley-Braun appears to be a sufficient second. The PRESIDING OFFICER. Without Bond Gramm Moynihan The yeas and nays were ordered. objection, it is so ordered. Boxer Grams Murkowski Bradley Grassley Murray Mrs. KASSEBAUM. Mr. President, it VOTE ON AMENDMENT NO. 1855 Breaux Gregg Nickles is my understanding that we are pre- The PRESIDING OFFICER. The Brown Harkin Nunn pared to begin the voting on the question is on agreeing to the amend- Bryan Hatch Packwood amendments. And as was agreed to last Bumpers Hatfield Pell ment numbered 1855. The yeas and nays Burns Heflin Pressler night in the consent agreement, we have been ordered. The clerk will call Byrd Helms Pryor will take them in the order as we listed the roll. Campbell Hollings Reid them last night. The first will be an Chafee Hutchison Robb The bill clerk called the roll. Coats Inhofe Rockefeller amendment of Senator HELMS, No. 1854. Mr. LOTT. I announce that the Sen- Cochran Inouye Roth This amendment prohibits the use of ator from Utah [Mr. BENNETT] is nec- Cohen Jeffords Santorum funds under the act for the direct or in- essarily absent. Conrad Johnston Sarbanes direct promotion of homosexuality or Coverdell Kassebaum Shelby The PRESIDING OFFICER. Are there Craig Kempthorne Simon intravenous drug use. The yeas and any other Senators in the Chamber de- D’Amato Kennedy Simpson nays were ordered. siring to vote? Daschle Kerrey Smith The PRESIDING OFFICER. The Sen- DeWine Kerry Snowe The result was announced—yeas 32, Dodd Kohl Specter ator is correct. nays 67, as follows: Dole Kyl Stevens VOTE ON AMENDMENT NO. 1854 [Rollcall Vote No. 334 Leg.] Domenici Lautenberg Thomas Dorgan Leahy Thompson The PRESIDING OFFICER. The YEAS—32 Exon Levin Thurmond question is now on agreeing to the Ashcroft Grams McConnell Faircloth Lieberman Warner Feingold Lott Wellstone amendment No. 1854 to S. 641. Bond Grassley Nickles The yeas and nays are ordered. Brown Gregg Pressler NOT VOTING—1 Burns Helms Roth The clerk will call the roll. Bennett The legislative clerk called the roll. Coats Hollings Santorum Cochran Hutchison Shelby So the amendment (No. 1856) was Mr. LOTT. I announce that the Sen- Craig Inhofe Simpson agreed to. ator from Utah [Mr. BENNETT] is nec- Dole Kempthorne Smith Faircloth Kyl Mr. DASCHLE addressed the Chair. essarily absent. Thomas Frist Lott The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Are there Thompson Gramm McCain SANTORUM). The distinguished mi- any other Senators in the Chamber de- nority leader is recognized. siring to vote? NAYS—67 The result was announced—yeas 54, Abraham Dorgan Leahy f Akaka Exon Levin nays 45, as follows: Baucus Feingold Lieberman COMMENDING SENATOR ROBERT C. [Rollcall Vote No. 333 Leg.] Biden Feinstein Lugar BYRD FOR CASTING 14,000 VOTES Bingaman Ford YEAS—54 Mack Mr. DASCHLE. Mr. President, it is Boxer Glenn Mikulski Abraham Dole Hollings Bradley Gorton Moseley-Braun with great pleasure and respect that I Ashcroft Domenici Hutchison Breaux Graham Moynihan announce that Senator ROBERT C. BYRD Baucus Dorgan Inhofe Bryan Harkin Murkowski has now become the first U.S. Senator Bond Exon Johnston Bumpers Hatch Murray Breaux Faircloth Kempthorne Byrd Hatfield in history to cast 14,000 votes. Nunn Brown Ford Kyl Campbell Heflin [Applause, Senators rising.] Bumpers Frist Lott Chafee Inouye Packwood Mr. DASCHLE. Mr. President, I know Burns Glenn Lugar Cohen Jeffords Pell Byrd Gramm Mack Conrad Johnston Pryor I speak for all Senators in congratu- Coats Grams McCain Coverdell Kassebaum Reid lating him on this unprecedented ac- Cochran Grassley McConnell D’Amato Kennedy Robb complishment. I note that this is only Conrad Gregg Murkowski Daschle Kerrey Rockefeller his latest in a most distinguished ca- Coverdell Hatch Nickles DeWine Kerry Sarbanes Craig Heflin Pressler Dodd Kohl Simon reer. Senator BYRD’s remarkable vot- DeWine Helms Pryor Domenici Lautenberg ing

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10755 record began on January 8, 1959, when tendant, a produce salesman, a meat more titles and more leadership posi- he cast his very first vote in the Sen- cutter, a welder, and a grocery store tions than any other Senator in his- ate. Fittingly, it was a vote on Senate owner. tory. And also he has his role, as Sen- procedure. Mr. President, Senator BYRD will ator DASCHLE alluded, of historian. And During his next 13,999 votes, he has cast more votes, we hope he will write no one knows more. In fact, I tell sto- served as the secretary of the Senate more books, and we know he will help ries as I go around that with what Sen- Democratic Conference, the Senate make more history, but to me his ator BYRD knows about this place and majority whip, the Senate majority greatest feat will always be the dignity all he knows about Roman history, I leader, the Senate minority leader, and he has brought to this institution have tried to get C-SPAN to get me President pro tempore. This record of every day the Senate is in session and college credits if I carefully listened to Senate service means that Senator the way he has served and the way he him on Roman history. But that is the BYRD has held more leadership posi- shares his reverence for this institu- truth, and he has written the volumes tions in the Senate than any other tion with all of his colleagues. I am of books, and he understands it. Senator in history. pleased and very proud to be one of His third role is as champion of the He has cast more votes than any them. interests of the people of West Vir- other Senator. It was on April 27, 1990, So today, Mr. President, we con- ginia. When there were rumors last that he cast his 12,134th Senate vote to gratulate Senator BYRD not only for year that our former colleague, George surpass Senator William Proxmire. today’s historic vote but for his re- Mitchell, might become commissioner Recognizing that monumental vote, markable career of which today’s feat of baseball, I speculated that if Senator the current majority leader, Senator is symbolic. BYRD would become commissioner, all DOLE, remarked that: I should also note that in a few the teams would have been moved to months our esteemed colleague on the When another person writes the history of West Virginia. the Senate, they will look back on this era other side of the aisle, Senator STROM Now, that may or may not have hap- and they will note the significance of this THURMOND, who is only a few votes be- pened, but behind that joke is the fact hind Senator BYRD, will also reach this giant in the Senate, Robert C. Byrd. that Senator BYRD works 24 hours a Indeed, they will, Mr. President, be- particular milestone, and I look for- day, 7 days a week, 365 days a year cause this Senate giant from West Vir- ward to recognizing his achievement as helping the people of West Virginia. ginia has been an active participant in well. Finally, amidst all of his duties and Today, however, is Senator BYRD’s so much of our Nation’s history. He has responsibilities, Senator BYRD also fills day and the Senate Democrats and served in the Senate under nine Presi- the role of friend. And I have noticed Senate Republicans alike join together dents, through assassinations and res- my colleagues on both sides will go up in honoring and celebrating Senator ignations. He has been an integral part and sit next to Senator BYRD during a BYRD’s historic feat, becoming the first of the high drama and history of the vote or after a vote and talk to Senator U.S. Senator in history to cast 14,000 second half of the 20th century, includ- BYRD about parliamentary procedure. ing the cold war, the civil rights move- votes. So I send a resolution to the desk on Although we come from different par- ment, Vietnam, Watergate, Iran- ties and we have had different views on behalf of Senator DOLE, Senator contra, and the collapse of the Soviet some issues from time to time, Senator ROCKEFELLER, and myself and ask for Union. its immediate consideration. BYRD has always remained my friend Today, we pause to recognize this ex- The PRESIDING OFFICER. The and I think of every Senator on each traordinary leader for the milestones clerk will report the resolution. side of the aisle. I know we all feel the in his legislative career, and they are The legislative clerk read as follows: same way. many. A resolution (S. Res. 157) commending Sen- The final chapter on Senator BYRD They include being one of only three ator Robert Byrd for casting 14,000 votes: will not be written for a long, long U.S. Senators in American history to Whereas the Honorable Robert C. Byrd has time. I have no doubt that as a leader, be elected to seven 6-year terms; being served with distinction and commitment as a historian, a champion of his State and the first sitting Member of either U.S. Senator from the State of West Virginia a friend, Senator BYRD has set stand- House of Congress to begin and com- since January 3, 1959; ards that will always be remembered. plete the study of law and obtain a law Whereas he has dutifully and faithfully The PRESIDING OFFICER. The jun- served the Senate six years as Senate Major- degree while serving in Congress; being ity Leader (1977–80, 1987–88) and six years as ior Senator from West Virginia. the first person to carry every county the Senate Minority Leader (1981–1986); Mr. ROCKEFELLER. Mr. President, in the State of West Virginia, 55 of Whereas his dedicated service as a U.S. when I think of my senior colleague them, in a contested Statewide general Senator has contributed to the effectiveness from West Virginia, there are really election; being the only person in the and betterment of this institution; two qualities that come to mind. One is history of West Virginia to serve in Whereas he is one of only three U.S. Sen- his constancy of purpose and secondly both chambers of the State legislature ators in American history who has been is his devotion to the people of West elected to seven 6-year terms in the Senate; and both Houses of the U.S. Congress; Whereas he has held more Senate leader- Virginia. obtaining the greatest number, the ship positions than any other Senator in his- I have always felt that if a person in greatest percentage, and the greatest tory: Now, therefore, be it public life follows his moral compass, margin of votes cast in Statewide con- Resolved, That the U.S. Senate congratu- he or she will do what is, in fact, right. tested elections in his State; being the lates the Honorable Robert C. Byrd, the sen- Senator BYRD knows instinctively first U.S. Senator in West Virginia to ior Senator from West Virginia, for becom- what is right for the people of West ing the first U.S. Senator in history to cast Virginia as well as for the people of our win a Senate seat without opposition 14,000 votes. in a general election; and serving SEC. 2. The Secretary of the Senate shall country. longer in the Senate than anyone else transmit a copy of this resolution to Senator And for my colleagues who have not in West Virginia history. Robert C. Byrd. had the pleasure of being in West Vir- He wrote his incomparable four-vol- Mr. DOLE. Mr. President, I will not ginia when Senator BYRD is there, ei- ume history of the Senate, an award- oppose the resolution. ther campaigning for office or just sim- winning study that has brought our un- I would like to say just a word be- ply talking with his constituents, it is derstanding of the history and work- cause I think in addition to casting the a truly remarkable experience to watch ings of this subtle and complex institu- most votes, 14,000, he remembers each him communicate with them. It is a tion to new heights. vote. With his extraordinary memory, bond that I have never seen before be- This is quite a record for a poor boy there is no doubt in my mind he can go tween any person and a group of peo- from the hills of West Virginia, who back and tell you what the 30th vote ple. He reminisces, he talks about the was raised by foster parents in a coal was and the 3,000th vote and probably future. Yes, he talks about Roman his- company house and who had to walk 3 the day it happened and what we were tory. But what he does is he brings peo- miles to catch a bus in order to attend doing at the time. ple to him and makes them important school, who rose from collecting scraps As has also been pointed out, during as if they count in a State where every for hogs to become a gas station at- his 36 years in the Senate he has held day is a fight for survival and makes

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10756 CONGRESSIONAL RECORD — SENATE July 27, 1995 them feel that in him they have a him ‘‘Dick.’’ I always spoke to him—he important thing. There are many champion who will never let them was the only Senator I always spoke to things more important than political down. him as ‘‘Senator.’’ party, and Washington warned us On that I will close, because he never I am not decrying the fact that most against factions and parties. I do not will let them down. There is nothing Senators call me ‘‘ROBERT’’ or ‘‘BOB.’’ ask anyone to pattern after me, but that he will not do to help the people of But my West Virginia colleague’s ref- there are a good many things I place West Virginia while staying constant erence in regard to the way he address- above party, and the United States to his responsibilities to the people of es me recalls my feeling that way Senate is one of them. the United States of America. I am ex- about Senator Russell. Senator Russell I close by thanking all of my col- tremely proud to be his junior col- was a great Senator. He had only mar- leagues and for asking them to over- league. ried once, and that was to the Senate. look my idiosyncrasies and my sharp It is interesting that he noted this And he was a scholarly man. He had words at times when I use them. I often one time, I think not to me but to a good judgment. At least I always ask God to make me more considerate newspaper, that I have never referred thought so. He understood the rules of others. There are times when I re- to Senator BYRD as ‘‘BOB’’ or ‘‘ROB- and the precedents. And I admired him gret that I speak too hastily, but we ERT.’’ I have only referred to him in the for that. And I learned in watching are all human. 10 years we have served together, and Senator Russell that if one knows the So let me just close by thanking my before that when I was Governor, as rules and the precedents, there are colleagues for their service every day ‘‘Senator BYRD,’’ or ‘‘Senator.’’ And times when he can hold the Senate in to their people, for all Americans. We quite often, ‘‘sir.’’ And I have found his hand—in his hand. love our country. I love the Senate. I that that has served me well. But more Few Senators bother to study them. I shall remember, in closing, what Wil- importantly, I have found that that will not speak further on that. But we liam Ewart Gladstone, who was Prime came very naturally. It is simply an in- ought to all know more about the rules Minister of Great Britain four times, tuitive feeling of respect on my part and we ought all to defend the rules as said about the United States Senate. for what, as Senator DOLE said, a poor we should defend the Constitution. I He referred to the Senate as ‘‘that re- boy from West Virginia can do to help shall not belabor these remarks. markable body, the most remarkable so many. I am grateful to serve in the U.S. of all the inventions of modern poli- Mr. BYRD addressed the Chair. Senate. I think of Majorian, that tics.’’ The PRESIDING OFFICER. The Sen- prince who was made emperor of the I hope and pray that these few words ator from West Virginia. west in 457 A.D. who said upon being today will cause me to look at myself Mr. BYRD. Mr. President, I know made emperor, ‘‘I still glory in the a little closer and will cause every one that my staff has been keeping up with name of Senator.’’ To me, the office of of us to look at the Senate with great- my votes because I was surprised today U.S. Senator is the highest office that er pride. There have only been 1,826 when Senator DASCHLE and Senator the American people can give. Senators Senators, and you are one of them, and BOXER and others came up and con- may convict a President or any officer you are one of them, and you are one of gratulated me. I wondered what for. or a Supreme Court Justice, if im- them, and you are one of them. What a For 11 years now I have not missed a peached by the House. The President chosen group! The American people, vote. My voting record is 98.7 percent cannot take away the seat of any Sen- over these years since 1789, have chosen for the 361⁄2 years I have been in the ator. Presidents come and go. We have 1,826 men and women, or they have Senate. That does not count the votes had great ones and we have had some been appointed, and each of you is one I cast when I was in the House. that were not so great. And the same of those 1,826. That ought to be a Senator DOLE made reference to my can be said of Senators. But Senators source of pride. recollection of votes. I recall two votes stay if they give their best. I am not running for justice of the that I would change if I could vote I have thought about Senator Rus- peace. I am not running for sheriff. I them over. One was the vote on the 1964 sell’s reference to Robert E. Lee when am not running for Governor. I am not Civil Rights Act. I voted against that he quoted Lee as saying, ‘‘Duty is the running for President. All of these are act. I felt at the time that it was un- sublimest word in the English lan- important offices. But as Majorian constitutional. I stood in the Senate guage.’’ That has been my credo. I have said, ‘‘I still glory in the name of Sen- following my receipt of a law degree, never sought to be loved by my col- ator.’’ cum laude, at American University, leagues. I have only sought to do my [Applause.] Mr. WARNER. Mr. President, I wish and based my opposition on the Con- duty and to do it as I see it. I know I to join other colleagues in the historic, stitution. And there were such men in am often wrong. I realize at times that well-deserved recognition of Senator the Senate as Sam Ervin, and Richard I misspeak. I say things in reference to BYRD of West Virginia. The leadership Russell, Lister Hill, Allen Ellender, other Senators that I afterwards wish I covered in precise detail his extraor- John McClellan, Norris Cotton, George had said differently. dinary record of achievements as a Aiken, Everett Dirksen. These were, in I said something to Senator DOLE a my judgment, giants. And they were while back I wish I had said a bit dif- leader of the body. I can add only one view which is constitutional scholars. But I since ferently. But once the word is spoken, widely shared. That is, Mr. BYRD is have regretted that vote. it cannot be retrieved. truly recognized as a gentleman in the I also have since regretted my vote Let me close by stating that I wish finest Senate tradition. to deregulate the airlines because of we had a greater demonstration of ci- Further, I shall always view him as a what has happened subsequently by vility in the Senate. It has lost its old family man, everlastingly grateful to way of airline service to West Virginia. civility. I am sorry that it has become the support given through all these It deteriorated. And it is very costly to more politically partisan. We are all years by his wife, Irma. His career was travel back and forth to West Virginia politically partisan. I am, but we have a family partnership. by airline. I cannot now remember any become too politically partisan in this I look forward to many more years of other votes that I regret. But we all Senate, and it grieves me to see this. It service together. cast votes that we may regret sooner grieves me to see the growing disorder The PRESIDING OFFICER. The or later. in this Senate, and I often say to other question is on agreeing to the resolu- I am very grateful, Mr. President, for Senators, ‘‘It wasn’t that way when I tion. the comments that have been made came here.’’ So the resolution (S. Res. 157) was here by our majority leader, by our mi- We ought to be a little more civil and agreed to. nority leader, and by my colleague remember that each has his own view- The preamble was agreed to. from West Virginia with whom I am point and that there is something—ac- The resolution, with its preamble, is proud to serve. He serves with grace. tually there are many things—that are as follows: He always treats me with great cour- above political party. Political party is S. RES. 157 tesy and deference. I never called Rich- important to me. It has been now for 50 Whereas the Honorable Robert C. Byrd has ard Russell ‘‘Richard.’’ I never called years next year, but it is not the most served with distinction and commitment as a

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10757 U.S. Senator from the State of West Virginia The PRESIDING OFFICER. The Sen- table for any Senator who wants to since January 3, 1959; ator is correct. study it. Whereas he has dutifully and faithfully Mrs. KASSEBAUM. Mr. President, The leading cause of death in Amer- served the Senate six years as Senate Major- ica today is heart disease, followed ity Leader (1977–80, 1987–88) and six years as this is a funding equity measure. If I the Senate Minority Leader (1981–1986); may comment for a moment as one closely by cancer. HIV/AIDS ranks Whereas his dedicated service as a U.S. who opposes this amendment. What it eighth in the number of deaths caused. Senator has contributed to the effectiveness would do would be to prohibit discre- It is of interest, Mr. President, that and betterment of this institution; tionary spending for AIDS and HIV ac- HIV/AIDS receives $2.7 billion per year Whereas he is one of only three U.S. Sen- tivities in excess of discretionary in Federal funding, which exceeds Fed- ators in American history who has been spending for cancer activities. eral funding for any other disease— elected to seven 6-year terms in the Senate; heart disease or cancer. Whereas he has held more Senate leader- Mr. President, I yield to the Demo- ship positions than any other Senator in his- cratic leader. Heart disease, which kills more than tory: Now, therefore, be it Mr. DASCHLE. Mr. President, I sug- 720,000 Americans each year, receives Resolved, That the U.S. Senate congratu- gest the absence of a quorum. $805 million in Federal funds. Cancer, lates the Honorable Robert C. Byrd, the sen- The PRESIDING OFFICER. The which kills 515,000 Americans, receives ior Senator from West Virginia, for becom- clerk will call the roll. $2.3 billion. Mr. President, more people ing the first U.S. Senator in history to cast The assistant legislative clerk pro- are dying from heart disease, cancer, 14,000 votes. ceeded to call the roll. stroke, lung disease, accidents, pneu- SEC. 2. The Secretary of the Senate shall monia, and diabetes than die from transmit a copy of this resolution to Senator Mrs. KASSEBAUM. Mr. President, I Robert C. Byrd. ask unanimous consent that the order AIDS. Yet, AIDS receives more of the for the quorum call be rescinded. taxpayers’ money. Mr. DASCHLE addressed the Chair. Something is amiss and needs to be The PRESIDING OFFICER. The The PRESIDING OFFICER. Without objection, it is so ordered. corrected. This amendment will do it. Democratic leader. Today, on the average, the Federal Mr. DASCHLE. Senators are welcome Mrs. KASSEBAUM. Mr. President, if Government spends about $91,000 per to cosponsor the resolution throughout I may just say this. I believe we have 10 AIDS death, and only about $5,000 per the day. minutes equally divided. cancer death. So, in a nutshell, the f The PRESIDING OFFICER. The Sen- ator is correct. pending amendment will bring a meas- RYAN WHITE CARE The Senate will please come to order. ure of equity and fairness to the exist- REAUTHORIZATION ACT Mrs. KASSEBAUM. It is my under- ing priorities in the area of HIV/AIDS The Senate continued with the con- standing that there are 10 minutes, funding. As long as cancer kills 18 sideration of the bill. equally divided, under the agreement. times as many people as AIDS, and AIDS receives more Federal funding, it AMENDMENT NO. 1854 I suggest that amendment No. 1857 is time that Congress establishes some Mr. LEVIN. Mr. President, I voted would prohibit discretionary spending for AIDS and HIV activities in excess new, equitable, and fair priorities. against the Helms amendment. That concludes my remarks. If I have I am, of course, concerned about and of discretionary spending for cancer ac- any more time remaining, I yield it opposed to use of funds authorized to tivities. No one would deny the impor- back. be appropriated under this bill to pro- tance of moneys for cancer activities. Mrs. KASSEBAUM. Mr. President, I mote any sexual activity, whether ho- However, I will be offering an alter- would just like to say that we must mosexual or heterosexual. I will sup- native amendment, No. 1860, in the se- take into account both discretionary port the proposal of the manager of the quence later. and mandatory spending. When you do bill, the chairman of the Labor and I oppose amendment No. 1857 that is that, HIV/AIDS receives $5.4 billion, Human Resources Committee, Senator being offered, because it compares only cancer receives $15 billion, and heart NANCY KASSEBAUM which will have the discretionary spending amounts and disease receives $34 billion. effect of prohibiting the use of Federal does not take into account entitlement I believe it is very important for us funds for any such activity. spending under programs, such as to take into consideration both the dis- The amendment offered by Senator Medicare and Medicaid. The inclusion cretionary and the mandatory spend- KASSEBAUM more accurately addresses of entitlement spending dramatically ing. I think that when we assess total the need to make clear the Senate’s op- shifts the equation. Relatively few Federal spending, it gives a more accu- position to the use of Federal funds to AIDS and HIV activities are financed rate picture. The funds for support promote sexual activity—heterosexual through entitlement programs, while services, for patients with cancer and or homosexual—without endangering substantial entitlement spending is di- heart disease come largely through the purposes of the legislation. rected toward cancer. I think this is an mandatory spending. This fact is not The amendment I support and I ex- important difference and one that I represented by the chart shown by the pect will pass simply states: would hope everyone will take into Senator from North Carolina. None of the funds authorized under this consideration. I yield whatever time is left to the title shall be used to fund AIDS programs, or I will yield the floor and reserve the Senator from Massachusetts. to develop materials designed to promote or remainder of my time. Mr. KENNEDY. Mr. President, I hope encourage, directly, intravenous drug use or The PRESIDING OFFICER. Who the membership will pay attention to sexual activity, whether homosexual or het- yields time? erosexual. Funds authorized under this title what the Senator from Kansas has may be used to provide medical treatment Mr. HELMS. Mr. President, I thought stated. Basically, when you compare and support services for individuals with that we had an understanding that we apples and apples and oranges and or- HIV. would just go to a vote. How much anges, you have that kind of result, AMENDMENT NO. 1857 time do I have? where you have substantial additional The PRESIDING OFFICER. Under The PRESIDING OFFICER. The Sen- spending in the areas of cancer and the previous order, the Senate now re- ator from North Carolina has 5 min- heart disease. sumes consideration of amendment No. utes. The Senator from North Carolina has 1857, offered by the Senator from North Mr. HELMS. Mr. President, I hope taken a very selected area in terms of Carolina, on which there is 10 minutes Senators will look at this amendment the spending and tried to use that as designated for debate equally divided. very carefully. The pending amend- the comparison. I think that all of us Who yields time? ment would ensure that any and all understand that we should not be try- Mrs. KASSEBAUM addressed the Federal funds authorized and appro- ing to rob one particular kind of re- Chair. priated for HIV/AIDS would not exceed search or treatment. All of us are in- The PRESIDING OFFICER. The Sen- that which is appropriated for cancer. terested in the treatment of cancer and ator from Kansas. These are not my figures. These came HIV. The proposal we have before us, I Mrs. KASSEBAUM. Parliamentary from the Congressional Research Serv- believe, deals with that. inquiry, we are on amendment No. 1857; ice report to the Congress dated March Mr. HELMS. Mr. President, I reclaim is that correct? 9, 1995. Copies of this will be on the my time to defend my position.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10758 CONGRESSIONAL RECORD — SENATE July 27, 1995 The PRESIDING OFFICER. The Sen- FAMILY RESEARCH COUNCIL, The yeas and nays have been ordered. ator has that right. Washington, DC, July 27, 1995. The clerk will call the roll. Mr. HELMS. The Senator referred to Hon. JESSE HELMS, The assistant legislative clerk called apples and apples. But he is talking Dirksen Senate Office Building, the roll. Washington, DC. Mr. LOTT. I announce that the Sen- about apples and oranges. The adminis- DEAR SENATOR HELMS: On behalf of the tration’s numbers prove the disparity. 250,000 families which are presented by the ator from Utah [Mr. BENNETT] is nec- They knock down the argument that Family Research Council, I commend your essarily absent. the distinguished Senator from Kansas efforts to reform the Ryan White Care Act The PRESIDING OFFICER (Mr. offered and that the distinguished Sen- [S. 641]. CAMPBELL). Are there any other Sen- ator from Massachusetts supports. I am proud to endorse your amendments ators in the Chamber desiring to vote? Even using their skewed approach and encourage the rest of the Senate to join The result was announced—yeas 15, which combines discretionary and you in redirecting federal AIDS spending to- nays 84, as follows: ward more effective approaches. mandatory spending, the numbers One of the biggest problems with the Ryan [Rollcall Vote No. 336 Leg.] prove there is still a disparity. Heart White Act is its lack of accountability. YEAS—15 disease receives $38 billion in Federal Under the Health Resources Administration, Bond Hollings Nickles funds. The number of people suffering 146 large grants are disbursed to state and Cochran Inhofe Shelby from heart ailments is 20 million. The local programs and further divided up into Faircloth Kyl Smith funds per patient—Federal funds, mind countless subgrants. Unlike most federal Grams Lott Thomas Helms McConnell Thurmond you—are $1,900. That is per heart pa- funds which are accounted for, these sub- tient. grants use the money without reporting NAYS—84 where or to whom the money has been allo- Abraham Exon Lieberman Cancer is $17.5 billion of Federal cated. funds. The number of people who have Akaka Feingold Lugar In addition to a lack of financial account- Ashcroft Feinstein Mack cancer in America is 8 million. The ability, millions of dollars for AIDS victims Baucus Ford McCain funds per cancer patient is $2,187. is being spent to normalize and promote the Biden Frist Mikulski Look at HIV/AIDS, if you want to homosexual lifestyle. Many of these efforts Bingaman Glenn Moseley-Braun talk about fairness: $7 billion. The are being directed toward school children. Boxer Gorton Moynihan The Gay Men’s Health Crisis, a recipient of Bradley Graham Murkowski number of people who have it is 1.4 mil- Breaux Gramm Murray lion. And the Federal funds per patient Ryan White funds, produced graphically il- Brown Grassley Nunn lustrated brochures which were given to stu- is $5,000. If you want fairness, the $5,000 Bryan Gregg Packwood dents in New York City. The brochures are Bumpers Harkin Pell is not it. replete with shocking vulgarity and urge Burns Hatch Pressler Mr. President, this amendment will kids to wear condoms and latex gloves while Byrd Hatfield Pryor insure any and all Federal funds au- engaging in perverse sexual activity. They Campbell Heflin Reid thorized and appropriated for HIV/ recommend singular and group masturba- Chafee Hutchison Robb Coats Inouye Rockefeller AIDS will not exceed Federal funds au- tion. Cohen Jeffords Roth thorized and appropriated for cancer. Congress should reconsider AIDS education Conrad Johnston Santorum The leading cause of death in Amer- which now emphasizes condoms and has been Coverdell Kassebaum Sarbanes ica today is heart disease, followed shown in countless studies to be ineffective. Craig Kempthorne Simon Programs seeking funding renewal should be D’Amato Kennedy Simpson closely by cancer. HIV/AIDS ranks required to show evidence that they have re- Daschle Kerrey Snowe ninth in the number of deaths caused. duced HIV transmission. Current formulas DeWine Kerry Specter It is of interest, Mr. President, that Dodd Kohl Stevens for funding should be reexamined. For exam- Dole Lautenberg Thompson HIV/AIDS receives $2.7 billion per year ple, money ought to go where it is needed Domenici Leahy Warner in Federal funding, which exceeds Fed- most, which is, increasingly, to under-served Dorgan Levin Wellstone minority communities. eral funding with any other disease. NOT VOTING—1 Heart disease, which kills more than Congress should take advantage of this op- portunity to examine the allocations of fed- Bennett 720,000 Americans each year, receives eral AIDS dollars. Instead of bowing to the $805 million in Federal funds. Cancer, So the amendment (No. 1857) was re- demands of homosexual activists, Congress jected. which kills 515,000 Americans, receives should reexamine the use of Ryan White $2.3 billion. funds and take steps to overhaul AIDS Mrs. KASSEBAUM. Mr. President, I Mr. President, more people are dying spending. move to reconsider the vote. from heart disease, cancer, stroke, lung AIDS is a tragedy that has been politicized Mr. KENNEDY. I move to lay that disease, accidents, pneumonia, diabe- for too long. The American people, as well as motion on the table. tes, and suicide than die from AIDS; the victims of this terrible disease, deserve The motion to lay on the table was better. agreed to. yet AIDS receives more of the Amer- Thank you for your hard work and your ican taxpayers’ money. Something is Mrs. KASSEBAUM. Mr. President, I commitment to making individual responsi- suggest there are three more votes that amiss and needs to be corrected. bility the touchstone of public policy. Today, on average, the Federal Gov- Sincerely, we will have. There will be two amend- ernment spends about $91,000 on every GARY L. BAUER, ments that I will offer and then final person who dies of AIDS, and only President. passage. I will speak briefly on the two about $5,000 on every person who dies of Mr. HELMS. I reserve the balance of amendments that I have offered. I do cancer. I suggest most Americans agree my time in case there is more argu- not know if the Senator from North that this discrepancy is simply neither ment, because I can go on and on about Carolina would like to respond. fair nor equitable. this. AMENDMENTS NOS. 1858 AND 1860 Mr. President, in a nutshell, the The PRESIDING OFFICER. Who The PRESIDING OFFICER. The pending amendment will being a meas- yields time? question occurs on amendment 1858. ure of equity to the existing priorities Mrs. KASSEBAUM. I yield back any Mr. KENNEDY. Mr. President, could in the area of HIV/AIDS funding. As remaining time I may have. we have order in the Chamber? long as cancer kills 18 times as many Mr. HELMS. Mr. President, I wish to The PRESIDING OFFICER. The Sen- people as AIDS, and AIDS receives reiterate that in case any Senator ate will be in order. more Federal funding, it is time that wants to examine the arithmetic, here Mrs. KASSEBAUM. My amendment, Congress established some new equi- it is. I will say again that the adminis- No. 1858, is an alternative to the one table priorities. tration’s figures prove the disparity that was put forward earlier by the Mr. President, I ask unanimous con- that I have been talking about. Senator from North Carolina and ap- sent that a letter to me by the Presi- I yield the remainder of my time. proved by the Senate. My amendment dent of the Family Research Council be The PRESIDING OFFICER. All time prohibits funds under the act from printed in the RECORD. has expired. being used to directly promote or en- There being no objection, the letter The question is on agreeing to the courage intravenous drug use or sexual was ordered to be printed in the amendment, No. 1857, offered by the activity, both homosexual or hetero- RECORD, as follows: Senator from North Carolina. sexual. It assures that funds are used

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10759 for treatment and support services Is all time yielded back? VOTE ON AMENDMENT NO. 1860 only, not for prevention activities. Mr. HELMS. I yield back the remain- The PRESIDING OFFICER. Is there This amendment is targeted to mak- der of my time. further debate on the amendment? ing sure that CARE Act funds are used VOTE ON AMENDMENT NO. 1858 Mr. KENNEDY. I yield back the for what they were designed for. Spe- The PRESIDING OFFICER. The time. cifically that is for the treatment and question is on agreeing to the amend- The PRESIDING OFFICER. The support services for patients and fami- ment of the Senator from Kansas. On question is on agreeing to amendment lies afflicted with AIDS. this question, the yeas and nays have No. 1860 offered by the Senator from I would like to also address my sec- been ordered, and the clerk will call Kansas. ond amendment, No. 1860, which ad- the roll. The amendment (No. 1860) was agreed dresses the issues of funding equity. The legislative clerk called the roll. to. My amendment is an alternative to one Mr. LOTT. I announce that the Sen- Mr. KENNEDY. Mr. President, I that was put forth by the Senator from ator from Utah [Mr. BENNETT] is nec- move to reconsider the vote. North Carolina, that was just rejected. essarily absent. Mrs. KASSEBAUM. I move to lay This amendment provides that Federal The PRESIDING OFFICER. Are there that motion on the table. spending for AIDS and HIV activities any other Senators in the Chamber The motion to lay on the table was may not exceed spending for cancer ac- who desire to vote? agreed to. tivities, taking into account both dis- The result was announced—yeas 76, Mr. LAUTENBERG. Mr. President, cretionary and entitlement spending. nays 23, as follows: before the Senate passes the Ryan These are the two amendments that [Rollcall Vote No. 337 Leg.] White CARE Act reauthorization bill, we will be considering; first 1858 and YEAS—76 my colleague Senator BRADLEY and I then 1860. Abraham Feingold Mack would like to engage in a colloquy with I will be happy to reserve the remain- Akaka Feinstein McCain the ranking member of the Labor and der of my time but I am prepared to Baucus Ford Mikulski Human Resources Committee. yield it back. Biden Frist Moseley-Braun Mr. BRADLEY. The bill before us, S. Bingaman Glenn The PRESIDING OFFICER. Who Moynihan 641, contains a new formula for distrib- Bond Gorton Murkowski yields time? Boxer Graham Murray uting title I and title II funds. As a re- Mr. HELMS. Mr. President, Senators Bradley Gregg Nunn sult of this formula change, New Jer- Breaux Harkin at least should be aware of which Packwood Bryan Hatch sey’s title I cities will receive over Pell amendment we are voting on now. Bumpers Hatfield $50,000 less next year than they would Will the Chair state that, and will Burns Hutchison Pryor Reid have under the original formula. In the Senator KASSEBAUM describe that Byrd Inouye Robb year 2000, New Jersey’s title I cities amendment? Because she talked about Campbell Jeffords Chafee Johnston Rockefeller will receive almost half a million dol- two amendments and I do not want Cohen Kassebaum Roth lars less than they would have under Senators to be confused. Conrad Kempthorne Santorum the original formula. At the same time, Sarbanes Mrs. KASSEBAUM. The first amend- Craig Kennedy the revised formula results in several ment is 1858, which would prohibit D’Amato Kerrey Simon Daschle Kerry Simpson other States receiving significant in- funds from being used to promote or DeWine Kohl Snowe creases in the total amount of Ryan encourage intravenous drug use or sex- Dodd Lautenberg Specter White funding they receive. For exam- Dole Leahy ual activity, both homosexual or het- Thomas ple, Minnesota will more than double erosexual. Domenici Levin Warner Dorgan Lieberman Wellstone its title I and title II funding under the Mr. HELMS. Right. Exon Lugar revised formula, Nevada’s funding will I thank the Senator and I thank the NAYS—23 increase by 116 percent, and Vermont’s Chair. Mr. President, the Kassebaum Ashcroft Grassley Nickles will increase by 141 percent. Brown Heflin amendment that will be voted on next Pressler Mr. LAUTENBERG. Mr. President, I Coats Helms Shelby recognize that States such as Min- will gut, and is intended to gut, the Cochran Hollings Smith nesota and Nevada have more residents Helms amendment that just passed the Coverdell Inhofe Stevens Faircloth Kyl Thompson with AIDS now than they did when this Senate by 54 to 45. The intent of the Gramm Lott Kassebaum amendment is to take any Thurmond bill was originally passed. But at the Grams McConnell same time that the AIDS epidemic has teeth out of the amendment that the NOT VOTING—1 Senate has already approved. been spreading across the country, it With all due respect to Senator Bennett has continued to worsen in New Jersey. KASSEBAUM, and I do respect her, her So the amendment (No. 1858) was Between 1993 and 1994, the total num- amendment is vague. It deletes the def- agreed to. ber of AIDS cases reported in New Jer- inition of activities that promote ho- Mr. KENNEDY. Mr. President, I sey increased by 53 percent. New Jersey mosexuality. That is exactly what the move to reconsider the vote. currently has the fifth-highest number homosexual activists want to happen Mrs. KASSEBAUM. I move to lay of AIDS cases in the United States, and to this amendment. that motion on the table. the third-highest number of pediatric I say no, and I hope the Senate will The motion to lay on the table was AIDS cases. Cutting New Jersey’s fund- say no to this gutting amendment by agreed to. ing so deeply at a time when the epi- the distinguished Senator from Kansas. Mrs. KASSEBAUM. Mr. President, in demic is growing so rapidly in the Mr. President, the promotion, the ad- light of the preceding vote on the fund- State is not fair to the thousand of vocacy of homosexuality does nothing ing equity issue, I am very appreciative New Jersey residents who are HIV– to help the innocent victims of AIDS, of the Senator from North Carolina positive. like Ryan White, whose name is being who said he would not object to our Mr. BRADLEY. Therefore, Senator exploited in this legislation. voice voting No. 1860, which is an LAUTENBERG and I would like to ask Every Senator who voted for the amendment of mine which provides our two colleagues if they would work Helms amendment No. 1854, should that Federal spending for AIDS and hard in conference to obtain a formula vote against the Kassebaum amend- HIV activities may not exceed spending which would decrease the reductions in ment which is next to be voted on. for cancer activities, taking into ac- funding to New Jersey. I reserve the remainder of my time. I count both discretionary and entitle- Mr. KENNEDY. I will do everything I will be glad to yield it back. ment spending, and I ask for the ap- can to urge the conferees to revise the Mrs. KASSEBAUM. Mr. President, I proval of that amendment. formula to reduce the reductions in yield back any remaining time, and I Mr. KENNEDY. I ask unanimous con- funding to New Jersey. ask unanimous consent that the votes sent that the order for the rollcall be Mr. LAUTENBERG. Senator BRAD- be 10-minute votes. vitiated, Mr. President. LEY and I would like to thank the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without chairperson and ranking member. objection, it is so ordered. objection, it is so ordered. Since we have received assurances that

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10760 CONGRESSIONAL RECORD — SENATE July 27, 1995 they will strive to decrease the amount Dorgan Johnston Packwood (ii) by adding at the end thereof the fol- of funding reductions which New Jer- Exon Kassebaum Pell lowing new sentences: ‘‘Nominations for Faircloth Kempthorne Pressler membership on the council shall be identi- sey will receive as a result of the for- Feingold Kennedy Pryor fied through an open process and candidates mula revisions, I ask unanimous con- Feinstein Kerrey Reid shall be selected based on locally delineated sent that I be added as a cosponsor of Ford Kerry Robb Frist Kohl and publicized criteria. Such criteria shall S. 641. Rockefeller Glenn Lautenberg Roth include a conflict-of-interest standard for Gorton Leahy Mr. BRADLEY. I appreciate my col- Santorum each nominee.’’; Graham Levin leagues’ assurances. Even with these Sarbanes (B) in paragraph (2), by adding at the end Gramm Lieberman assurances, I still expect that this bill Grams Lott Shelby thereof the following new subparagraph: will hurt the State of New Jersey. Grassley Lugar Simon ‘‘(C) CHAIRPERSON.—A planning council However, I recognize that at some Gregg Mack Simpson may not be chaired solely by an employee of Snowe point compromises must be made or Harkin McCain the grantee.’’; Hatch McConnell Specter else the future of the entire Ryan (C) in paragraph (3)— Hatfield Mikulski Stevens (i) in subparagraph (A), by striking ‘‘area;’’ Thomas White Program may be at risk. There- Heflin Moseley-Braun and inserting ‘‘area based on the— Hollings Moynihan Thompson fore, having received these assurances, ‘‘(i) documented needs of the HIV-infected I plan to support this bill. Hutchison Murkowski Thurmond Inhofe Murray Warner population; The PRESIDING OFFICER. The ma- Inouye Nickles Wellstone ‘‘(ii) cost and outcome effectiveness of pro- jority leader is recognized. Jeffords Nunn posed strategies and interventions, to the ex- Mr. DOLE. Let me indicate to my NAYS—3 tent that such data are reasonably available, (either demonstrated or probable); colleagues that after this vote, we will Helms Kyl Smith have a period for the transaction of ‘‘(iii) priorities of the HIV-infected com- So the bill (S. 641), as amended, was morning business to extend about 45 munities for whom the services are intended; passed, as follows: and minutes. At the expiration of morning S. 641 ‘‘(iv) availability of other governmental business, we hope to have—maybe Be it enacted by the Senate and House of Rep- and nongovernmental resources;’’; not—an agreement, but we will go to resentatives of the United States of America in (ii) by striking ‘‘and’’ at the end of sub- the gift ban proposal at about, hope- Congress assembled, paragraph (B); fully, 1:30. SECTION 1. SHORT TITLE. (iii) by striking the period at the end of Mr. CHAFEE. Mr. President, I would This Act may be cited as the ‘‘Ryan White subparagraph (C) and inserting ‘‘, and at the like to ask the leader one quick ques- CARE Reauthorization Act of 1995’’. discretion of the planning council, assess the effectiveness, either directly or through con- tion. They are going to dedicate the SEC. 2. REFERENCES. tractual arrangements, of the services of- war memorial at 3 o’clock. What is the Whenever in this Act an amendment is ex- pressed in terms of an amendment to a sec- fered in meeting the identified needs; ’’; and leader’s plans for that? (iv) by adding at the end thereof the fol- Mr. DOLE. We will not recess but we tion or other provision, the reference shall be considered to be made to a section or lowing new subparagraphs: will protect Senators. I know there are other provision of title XXVI of the Public ‘‘(D) participate in the development of the about 11 Senators who wish to attend Health Service Act (42 U.S.C. 300ff–11 et seq.). Statewide coordinated statement of need ini- tiated by the State health department; that ceremony, and we will not have SEC. 3. GENERAL AMENDMENTS. ‘‘(E) establish operating procedures which votes during that time. (a) ESTABLISHMENT OF GRANT PROGRAM.— Mr. BUMPERS addressed the Chair. Section 2601 (42 U.S.C. 300ff–11) is amended— include specific policies for resolving dis- putes, responding to grievances, and mini- The PRESIDING OFFICER. The Sen- (1) in subsection (a)— (A) by striking ‘‘March 31 of the most re- mizing and managing conflict-of-interests; ator from Arkansas, Mr. BUMPERS, is and recognized. cent fiscal year’’ and inserting ‘‘March 31, 1995, and December 31 of the most recent cal- ‘‘(F) establish methods for obtaining input CHANGE OF VOTE endar year thereafter’’; and on community needs and priorities which Mr. BUMPERS. On rollcall No. 334, I (B) by striking ‘‘fiscal year—’’ and all that may include public meetings, conducting mistakenly voted ‘‘yes’’ on what I be- follows through the period and inserting focus groups, and convening ad-hoc panels.’’; (D) by redesignating paragraphs (2) and (3) lieved was a motion to table. I ask ‘‘fiscal year, there has been reported to and confirmed by, for the 5-year period prior to as paragraphs (3) and (4), respectively; and unanimous consent that I be recorded (E) by inserting after paragraph (1), the as ‘‘no.’’ It will not change the out- the fiscal year for which the grant is being made, the Director of the Centers for Disease following new paragraph: come of the vote. Control and Prevention a cumulative total of ‘‘(2) REPRESENTATION.—The HIV health The PRESIDING OFFICER. Without more than 2,000 cases of acquired immune de- services planning council shall include rep- objection, it is so ordered. ficiency syndrome.’’; and resentatives of— (The foregoing tally has been (2) by adding at the end thereof the fol- ‘‘(A) health care providers, including feder- changed to reflect the above order.) lowing new subsections: ally qualified health centers; ‘‘(c) POPULATION OF ELIGIBLE AREAS.—The ‘‘(B) community-based organizations serv- The PRESIDING OFFICER. The ing affected populations and AIDS service question is on the engrossment and Secretary may not make a grant to an eligi- ble area under subsection (a) after the date organizations; third reading of the bill. of enactment of this subsection unless the ‘‘(C) social service providers; The bill was ordered to be engrossed area has a population of at least 500,000 indi- ‘‘(D) mental health and substance abuse for a third reading and was read the viduals, except that this subsection shall not providers; third time. apply to areas that are eligible as of March ‘‘(E) local public health agencies; The PRESIDING OFFICER. The bill 31, 1994. For purposes of eligibility under this ‘‘(F) hospital planning agencies or health having been read the third time, the title, the boundaries of each metropolitan care planning agencies; ‘‘(G) affected communities, including peo- question is, Shall the bill pass? On this area shall be those in effect in fiscal year 1994. ple with HIV disease or AIDS and histori- question, the yeas and nays have been ‘‘(d) CONTINUED FUNDING.—A metropolitan cally underserved groups and subpopula- ordered. The clerk will call the roll. area that has received a grant under this sec- tions; The assistant legislative clerk called tion for the fiscal year in which this sub- ‘‘(H) nonelected community leaders; the roll. section is enacted, shall be eligible to receive ‘‘(I) State government (including the State The result was announced—yeas 97, such a grant in subsequent fiscal years.’’. medicaid agency and the agency admin- nays 3, as follows: (b) EMERGENCY RELIEF FOR AREAS WITH istering the program under part B); SUBSTANTIAL NEED FOR SERVICES.— ‘‘(J) grantees under subpart II of part C; [Rollcall Vote No. 338 Leg.] (1) HIV HEALTH SERVICES PLANNING COUN- ‘‘(K) grantees under section 2671, or, if YEAS—97 CIL.—Subsection (b) of section 2602 (42 U.S.C. none are operating in the area, representa- Abraham Breaux Cohen 300ff–12(b)) is amended— tives of organizations with a history of serv- Akaka Brown Conrad (A) in paragraph (1)— ing children, youth, women, and families liv- Ashcroft Bryan Coverdell (i) by striking ‘‘include’’ and all that fol- ing with HIV and operating in the area; and Baucus Bumpers Craig lows through the end thereof, and inserting ‘‘(L) grantees under other Federal HIV pro- Bennett Burns D’Amato ‘‘reflect in its composition the demographics grams.’’. Biden Byrd Daschle Bingaman Campbell DeWine of the epidemic in the eligible area involved, (2) DISTRIBUTION OF GRANTS.—Section 2603 Bond Chafee Dodd with particular consideration given to dis- (42 U.S.C. 300ff–13) is amended— Boxer Coats Dole proportionately affected and historically un- (A) in subsection (a)(2), by striking ‘‘Not Bradley Cochran Domenici derserved groups and subpopulations.’’; and later than—’’ and all that follows through

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10761 ‘‘the Secretary shall’’ and inserting the fol- of the amount allocated for fiscal year 1995 ‘‘(6) that the applicant has participated, or lowing: ‘‘Not later than 60 days after an ap- to such entity under this subsection.’’. will agree to participate, in the Statewide propriation becomes available to carry out (4) USE OF AMOUNTS.—Section 2604 (42 coordinated statement of need process where this part for each of the fiscal years 1996 U.S.C. 300ff–14) is amended— it has been initiated by the State, and ensure through 2000, the Secretary shall’’; and (A) in subsection (b)(1)(A)— that the services provided under the com- (B) in subsection (b) (i) by inserting ‘‘, substance abuse treat- prehensive plan are consistent with the (i) in paragraph (1)— ment and mental health treatment,’’ after Statewide coordinated statement of need.’’; (I) by striking ‘‘and’’ at the end of subpara- ‘‘case management’’; and (B) in subsection (b)— graph (D); (ii) by inserting ‘‘which shall include treat- (i) in the subsection heading, by striking (II) by striking the period at the end of ment education and prophylactic treatment ‘‘ADDITIONAL’’; subparagraph (E) and inserting a semicolon; for opportunistic infections,’’ after ‘‘treat- (ii) in the matter preceding paragraph (1), and ment services,’’; by striking ‘‘additional application’’ and in- (III) by adding at the end thereof the fol- (B) in subsection (b)(2)(A)— serting ‘‘application, in accordance with sub- lowing new subparagraphs: (i) by inserting ‘‘, or private for-profit enti- section (c) regarding a single application and ‘‘(F) demonstrates the inclusiveness of the ties if such entities are the only available grant award,’’; planning council membership, with par- provider of quality HIV care in the area,’’ (iii) in paragraph (3), by striking ‘‘and’’ at ticular emphasis on affected communities after ‘‘nonprofit private entities,’’; and the end thereof; and and individuals with HIV disease; and (ii) by striking ‘‘and homeless health cen- (iv) in paragraph (4), by striking the period ters’’ and inserting ‘‘homeless health cen- and inserting ‘‘; and’’; ‘‘(G) demonstrates the manner in which ters, substance abuse treatment programs, (C) by redesignating subsections (c) and (d) the proposed services are consistent with the and mental health programs’’; and as subsections (d) and (e), respectively; and local needs assessment and the Statewide co- (C) in subsection (e)— (D) by inserting after subsection (b), the ordinated statement of need.’’; and (i) in the subsection heading, by striking following new subsection: (ii) by redesignating paragraphs (2), (3), ‘‘AND PLANNING; ‘‘(c) SINGLE APPLICATION AND GRANT and (4) as paragraphs (3), (4), and (5), respec- (ii) by striking ‘‘The chief’’ and inserting: AWARD.— tively; and ‘‘(1) IN GENERAL.—The chief’’; ‘‘(1) APPLICATION.—The Secretary may (iii) by inserting after paragraph (1), the (iii) by striking ‘‘accounting, reporting, phase in the use of a single application that following new paragraph: and program oversight functions’’; meets the requirements of subsections (a) ‘‘(2) PRIORITY.— (iv) by adding at the end thereof the fol- and (b) of section 2603 with respect to an eli- ‘‘(A) SEVERE NEED.—In determining severe lowing new sentence: ‘‘An entity (including gible area that desires to receive grants need in accordance with paragraph (1)(B), the subcontractors) receiving an allocation from under section 2603 for a fiscal year. Secretary shall give priority consideration the grant awarded to the chief executive offi- ‘‘(2) GRANT AWARD.—The Secretary may in awarding grants under this section to any cer under this part shall not use in excess of phase in the awarding of a single grant to an qualified applicant that demonstrates an 12.5 percent of amounts received under such eligible area that submits an approved appli- ability to spend funds efficiently and dem- allocation for administration.’’; and cation under paragraph (1) for a fiscal year.’’. onstrates a more severe need based on preva- (v) by adding at the end thereof the fol- (6) TECHNICAL ASSISTANCE.—Section 2606 (42 lence of— lowing new paragraphs: U.S.C. 300ff–16) is amended— ‘‘(i) sexually transmitted diseases, sub- ‘‘(2) ADMINISTRATIVE ACTIVITIES.—For the (A) by striking ‘‘may’’ and inserting stance abuse, tuberculosis, severe mental ill- purposes of paragraph (1), amounts may be ‘‘shall’’; ness, or other diseases determined relevant used for administrative activities that in- (B) by inserting after ‘‘technical assist- by the Secretary, which significantly affect clude— ance’’ the following: ‘‘, including peer based the impact of HIV disease in affected individ- ‘‘(A) routine grant administration and assistance to assist newly eligible metropoli- uals and communities; monitoring activities, including the develop- tan areas in the establishment of HIV health ‘‘(ii) AIDS in individuals, and subpopula- ment of applications for part A funds, the re- services planning councils and,’’; and tions, previously unknown in the eligible ceipt and disbursal of program funds, the de- (C) by adding at the end thereof the fol- metropolitan area; or velopment and establishment of reimburse- lowing new sentences: ‘‘The Administrator ‘‘(iii) homelessness. ment and accounting systems, the prepara- may make planning grants available to met- ‘‘(B) PREVALENCE.—In determining preva- tion of routine programmatic and financial ropolitan areas, in an amount not to exceed lence of diseases under subparagraph (A), the reports, and compliance with grant condi- $75,000 for any metropolitan area, projected Secretary shall use data on the prevalence of tions and audit requirements; and to be eligible for funding under section 2601 the illnesses described in such subparagraph ‘‘(B) all activities associated with the in the following fiscal year. Such grant in HIV-infected individuals unless such data grantee’s contract award procedures, includ- amounts shall be deducted from the first is not available nationally. Where such data ing the development of requests for pro- year formula award to eligible areas accept- is not nationally available, the Secretary posals, contract proposal review activities, ing such grants. Not to exceed 1 percent of may use the prevalence (with respect to such negotiation and awarding of contracts, moni- the amount appropriated for a fiscal year illnesses) in the general population.’’. toring of contracts through telephone con- under section 2677 for grants under part A (3) DISTRIBUTION OF FUNDS.— sultation, written documentation or onsite may be used to carry out this section.’’. (A) IN GENERAL.—Section 2603(a)(2) (42 visits, reporting on contracts, and funding (b) CARE GRANT PROGRAM.— U.S.C. 300ff–13(a)(2)) (as amended by para- reallocation activities.’’. (1) HIV CARE CONSORTIA.—Section 2613 (42 graph (2)) is further amended— ‘‘(3) SUBCONTRACTOR ADMINISTRATIVE U.S.C. 300ff–23) is amended— (i) by inserting ‘‘, in accordance with para- COSTS.—For the purposes of this subsection, (A) in subsection (a)— graph (3)’’ before the period; and subcontractor administrative activities in- (i) in paragraph (1), by inserting ‘‘(or pri- (ii) by adding at the end thereof the fol- clude— vate for-profit providers or organizations if lowing new sentence: ‘‘The Secretary shall ‘‘(A) usual and recognized overhead, in- such entities are the only available providers reserve an additional percentage of the cluding established indirect rates for agen- of quality HIV care in the area)’’ after ‘‘non- amount appropriated under section 2677 for a cies; profit private,’’; and fiscal year for grants under part A to make ‘‘(B) management oversight of specific pro- (ii) in paragraph (2)(A)— grants to eligible areas under section 2601(a) grams funded under this title; and (I) by inserting ‘‘substance abuse treat- in accordance with paragraph (4).’’. ‘‘(C) other types of program support such ment, mental health treatment,’’ after (B) INCREASE IN GRANT.—Section 2603(a) (42 as quality assurance, quality control, and re- ‘‘nursing,’’; and U.S.C. 300ff–13(a)) is amended by adding at lated activities.’’. (II) by inserting ‘‘prophylactic treatment the end thereof the following new paragraph: (5) APPLICATION.—Section 2605 (42 U.S.C. for opportunistic infections, treatment edu- ‘‘(4) INCREASE IN GRANT.—With respect to 300ff–15) is amended— cation to take place in the context of health an eligible area under section 2601(a), the (A) in subsection (a)— care delivery,’’ after ‘‘monitoring,’’; Secretary shall increase the amount of a (i) in the matter preceding paragraph (1), (B) in subsection (c)— grant under paragraph (2) for a fiscal year to by inserting ‘‘, in accordance with subsection (i) in subparagraph (C) of paragraph (1), by ensure that such eligible area receives not (c) regarding a single application and grant inserting before ‘‘care’’ ‘‘and youth cen- less than— award,’’ after ‘‘application’’; tered’’; and ‘‘(A) with respect to fiscal year 1996, 98 per- (ii) in paragraph (1)(B), by striking ‘‘1-year (ii) in paragraph (2)— cent; period’’ and all that follows through ‘‘eligi- (I) in clause (ii) of subparagraph (A), by ‘‘(B) with respect to fiscal year 1997, 97 per- ble area’’ and inserting ‘‘preceding fiscal striking ‘‘served; and’’ and inserting cent; year’’; ‘‘served;’’; ‘‘(C) with respect to fiscal year 1998, 95.5 (iii) in paragraph (4), by striking ‘‘and’’ at (II) in subparagraph (B), by striking the pe- percent; the end thereof; riod at the end; and ‘‘(D) with respect to fiscal year 1999, 94 per- (iv) in paragraph (5), by striking the period (III) by adding after subparagraph (B), the cent; and at the end thereof and inserting ‘‘; and’’; and following new subparagraphs: ‘‘(E) with respect to fiscal year 2000, 92.5 (v) by adding at the end thereof the fol- ‘‘(C) grantees under section 2671 and rep- percent; lowing new paragraph: resentatives of organizations with a history

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10762 CONGRESSIONAL RECORD — SENATE July 27, 1995 of serving children, youth, women, and fami- services planning councils, early interven- ‘‘SEC. 2621. GRIEVANCE PROCEDURES. lies with HIV and operating in the commu- tion programs, children, youth and family ‘‘Not later than 90 days after the date of nity to be served; and service projects, special projects of national enactment of this section, the Administra- ‘‘(D) representatives of community-based significance, and HIV care consortia) and tion, in consultation with affected parties, providers that are necessary to provide the other providers (including federally qualified shall establish grievance procedures, specific full continuum of HIV-related health care health centers) and public agency represent- to each part of this title, to address allega- services, which are available within the geo- atives within the State currently delivering tions of egregious violations of each such graphic area to be served.’’; and HIV services to affected communities for the part. Such procedures shall include an appro- (C) in subsection (d), to read as follows: purpose of developing a Statewide coordi- priate enforcement mechanism. ‘‘(d) DEFINITION.—As used in this part, the nated statement of need; and’’; and terms ‘family centered care’ and ‘youth cen- (D) by adding at the end thereof the fol- ‘‘SEC. 2622. COORDINATION. tered care’ mean the system of services de- lowing flush sentence: ‘‘The Secretary shall ensure that the scribed in this section that is targeted spe- Health Resources and Services Administra- cifically to the special needs of infants, chil- ‘‘The State shall not be required to finance attendance at the meetings described in tion, the Centers for Disease Control and dren (including those orphaned by the AIDS Prevention, and the Substance Abuse and epidemic), youth, women, and families. Fam- paragraph (3). A State may pay the travel-re- lated expenses of individuals attending such Mental Health Services Administration co- ily centered and youth centered care shall be ordinate the planning and implementation of based on a partnership among parents, ex- meetings where appropriate and necessary to ensure adequate participation.’’. Federal HIV programs in order to facilitate tended family members, children and youth, the local development of a complete con- (4) PLANNING, EVALUATION AND ADMINISTRA- professionals, and the community designed tinuum of HIV-related services for individ- TION.—Section 2618(c) (42 U.S.C. 300ff–28(c)) is to ensure an integrated, coordinated, cul- uals with HIV disease and those at risk of amended— turally sensitive, and community-based con- such disease. The Secretary shall periodi- (A) in paragraphs (3) and (4), to read as fol- tinuum of care.’’. cally prepare and submit to the relevant lows: (2) PROVISION OF TREATMENTS.—Section committees of Congress a report concerning ‘‘(3) PLANNING AND EVALUATIONS.—Subject 2616 (42 U.S.C. 300ff–26) is amended by strik- such coordination efforts at the Federal, to paragraph (5) and except as provided in ing subsection (c) and inserting the following State, and local levels as well as the exist- paragraph (6), a State may not use more new subsections: ence of Federal barriers to HIV program in- than 10 percent of amounts received under a ‘‘(c) STANDARDS FOR TREATMENT PRO- tegration.’’. GRAMS.—In carrying out this section, the grant awarded under this part for planning Secretary shall— and evaluation activities. (c) EARLY INTERVENTION SERVICES.— ‘‘(1) review the current status of State ‘‘(4) ADMINISTRATION.— (1) ESTABLISHMENT OF PROGRAM.—Section drug reimbursement programs and assess ‘‘(A) IN GENERAL.—Subject to paragraph (5) 2651(b) (42 U.S.C. 300ff–51(b)) is amended— barriers to the expended availability of pro- and except as provided in paragraph (6), a (A) in paragraph (1), by striking ‘‘grant phylactic treatments for opportunistic infec- State may not use more than 10 percent of agrees to’’ and all that follows through the tions (including active tuberculosis); and amounts received under a grant awarded period and inserting: ‘‘grant agrees to— ‘‘(2) establish, in consultation with States, under this part for administration. An entity ‘‘(A) expend the grant for the purposes of providers, and affected communities, a rec- (including subcontractors) receiving an allo- providing, on an out-patient basis, each of ommended minimum formulary of pharma- cation from the grant awarded to the State the early intervention services specified in ceutical drug therapies approved by the Food under this part shall not use in excess of 12.5 paragraph (2) with respect to HIV disease; and Drug Administration. percent of amounts received under such allo- and ‘‘(B) expend not less than 50 percent of the In carrying out paragraph (2), the Secretary cation for administration. amount received under the grant to provide shall identify those treatments in the rec- ‘‘(B) ADMINISTRATIVE ACTIVITIES.—For the a continuum of primary care services, in- ommended minimum formulary that are for purposes of subparagraph (A), amounts may cluding, as appropriate, dental care services, the prevention of opportunistic infections be used for administrative activities that in- (including the prevention of active tuber- clude routine grant administration and mon- to individuals confirmed to be living with culosis). itoring activities. HIV.’’; and ‘‘(d) STATE DUTIES.— ‘‘(C) SUBCONTRACTOR ADMINISTRATIVE (B) in paragraph (4)— ‘‘(1) IN GENERAL.—In implementing sub- COSTS.—For the purposes of this paragraph, (i) by striking ‘‘The Secretary’’ and insert- section (a), States shall document the subcontractor administrative activities in- ing ‘‘(A) IN GENERAL.—The Secretary’’; progress made in making treatments de- clude— (ii) by inserting ‘‘, or private for-profit en- scribed in subsection (c)(2) available to indi- ‘‘(i) usual and recognized overhead, includ- tities if such entities are the only available viduals eligible for assistance under this sec- ing established indirect rates for agencies; provider of quality HIV care in the area,’’ tion, and to develop plans to implement fully ‘‘(ii) management oversight of specific pro- after ‘‘nonprofit private entities’’; the recommended minimum formulary of grams funded under this title; and (iii) by realigning the margin of subpara- pharmaceutical drug therapies approved by ‘‘(iii) other types of program support such graph (A) so as to align with the margin of the Food and Drug Administration. as quality assurance, quality control, and re- paragraph (3)(A); and ‘‘(2) OTHER MECHANISMS FOR PROVIDING lated activities.’’; (iv) by adding at the end thereof the fol- TREATMENTS.—In meeting the standards of (B) by redesignating paragraph (5) as para- lowing new subparagraph: the recommended minimum formulary devel- graph (7); and ‘‘(B) OTHER REQUIREMENTS.—Grantees de- oped under subsection (c), a State may iden- (C) by inserting after paragraph (4), the fol- scribed in— tify other mechanisms such as consortia and lowing new paragraphs: ‘‘(i) paragraphs (1), (2), (5), and (6) of sec- public programs for providing such treat- ‘‘(5) LIMITATION ON USE OF FUNDS.—Except tion 2652(a) shall use not less than 50 percent ments to individuals with HIV.’’. as provided in paragraph (6), a State may not of the amount of such a grant to provide the (3) STATE APPLICATION.—Section 2617(b) (42 use more than a total of 15 percent of services described in subparagraphs (A), (B), U.S.C. 300ff–27(b)) is amended— amounts received under a grant awarded (D), and (E) of section 2651(b)(2) directly and (A) in paragraph (2)— under this part for the purposes described in on-site or at sites where other primary care (i) in subparagraph (A), by striking ‘‘and’’ paragraphs (3) and (4). services are rendered; and at the end thereof; and ‘‘(6) EXCEPTION.—With respect to a State ‘‘(ii) paragraphs (3) and (4) of section (ii) by adding at the end thereof the fol- that receives the minimum allotment under 2652(a) shall ensure the availability of early lowing new subparagraph: subsection (a)(1) for a fiscal year, such State, intervention services through a system of ‘‘(C) a description of how the allocation from the amounts received under a grant linkages to community-based primary care and utilization of resources are consistent awarded under this part for such fiscal year providers, and to establish mechanisms for with the Statewide coordinated statement of for the activities described in paragraphs (3) the referrals described in section need (including traditionally underserved and (4), may, notwithstanding paragraphs 2651(b)(2)(C), and for follow-up concerning populations and subpopulations) developed (3), (4), and (5), use not more than that such referrals.’’. in partnership with other grantees in the amount required to support one full-time- (2) MINIMUM QUALIFICATIONS.—Section State that receive funding under this title;’’; equivalent employee.’’. 2652(b)(1)(B) (42 U.S.C. 300ff–52(b)(1)(B)) is (B) by redesignating paragraph (3) as para- (5) TECHNICAL ASSISTANCE.—Section 2619 (42 amended by inserting ‘‘, or a private for-prof- graph (4); U.S.C. 300ff–29) is amended— it entity if such entity is the only available (C) by inserting after paragraph (2), the fol- (A) by striking ‘‘may’’ and inserting provider of quality HIV care in the area,’’ lowing new paragraph: ‘‘shall’’; and after ‘‘nonprofit private entity’’; ‘‘(3) the public health agency admin- (B) by inserting before the period the fol- (3) MISCELLANEOUS PROVISIONS.—Section istering the grant for the State shall con- lowing: ‘‘, including technical assistance for 2654 (42 U.S.C. 300ff–54) is amended by adding vene a meeting at least annually of individ- the development and implementation of at the end thereof the following new sub- uals with HIV who utilize services under this Statewide coordinated statements of need’’. section: part (including those individuals from tradi- (6) GRIEVANCE PROCEDURES AND COORDINA- ‘‘(c) PLANNING AND DEVELOPMENT tionally underserved populations and sub- TION.—Part B of title XXVI (42 U.S.C. 300ff– GRANTS.— populations) and representatives of grantees 21) is amended by adding at the end thereof ‘‘(1) IN GENERAL.—The Secretary may pro- funded under this title (including HIV health the following new sections: vide planning grants, in an amount not to

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10763 exceed $50,000 for each such grant, to public health care services under this title, and year. If the Secretary determines through and nonprofit private entities that are not under title V of the Social Security Act; the evaluation process that a recipient of direct providers of primary care services for ‘‘(4) the entity will participate in the funds under this section is in material non- the purpose of enabling such providers to Statewide coordinated statement of need compliance with the assurances provided provide HIV primary care services. under section 2619 and in the revision of such under paragraph (2), (3), (4), or (5) of sub- ‘‘(2) REQUIREMENT.—The Secretary may statement; and section (b), the Secretary may provide for only award a grant to an entity under para- ‘‘(5) the entity will offer appropriate re- continued funding of up to one year if the re- graph (1) if the Secretary determines that search opportunities to each patient, with cipient provides assurances, satisfactory to the entity will use such grant to assist the informed consent. the Secretary, that such noncompliance will entity in qualifying for a grant under section ‘‘(c) APPLICATION.—The Secretary may not be remedied within such period. 2651. make a grant under subsection (a) unless an ‘‘(g) DEFINITIONS.—For purposes of this sec- ‘‘(3) PREFERENCE.—In awarding grants application for the grant is submitted to the tion: under paragraph (1), the Secretary shall give Secretary and the application is in such ‘‘(1) QUALIFIED RESEARCH ENTITY.—The preference to entities that would provide form, is made in such manner, and contains term ‘qualified research entity’ means a pub- HIV primary care services in rural or under- such agreements, assurances, and informa- lic or private entity with expertise in the served communities. tion as the Secretary determines to be nec- conduct of research that has demonstrated ‘‘(4) LIMITATION.—Not to exceed 1 percent essary to carry out this section. clinical benefit to patients. ‘‘(d) PATIENT PARTICIPATION IN RESEARCH of the amount appropriated for a fiscal year ‘‘(2) QUALIFIED RESEARCH PROTOCOL.—The under section 2655 may be used to carry out PROTOCOLS.— term ‘qualified research protocol’ means a this section.’’. ‘‘(1) IN GENERAL.—The Secretary, acting research study design of a public or private through the Administrator of the Health Re- (4) AUTHORIZATION OF APPROPRIATIONS.— clinical program that meets the require- Section 2655 (42 U.S.C. 300ff–55) is amended sources and Services Administration and the ments of subsection (d). Director of the Office of AIDS Research, by striking ‘‘$75,000,000’’ and all that follows ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— through the end of the section, and inserting shall establish procedures to ensure that ac- There are authorized to be appropriated to ‘‘such sums as may be necessary in each of cepted standards of protection of human sub- carry out this section, such sums as may be the fiscal years 1996, 1997, 1998, 1999, and jects (including the provision of written in- necessary for each of the fiscal years 1996 2000.’’. formed consent) are implemented in projects through 2000.’’. supported under this section. Receipt of serv- (5) REQUIRED AGREEMENTS.—Section 2664(g) (2) CONFORMING AMENDMENT.—The heading (42 U.S.C. 300ff–64(g)) is amended— ices by a patient shall not be conditioned for part D of title XXVI of the Public Health (A) in paragraph (2), by striking ‘‘and’’ at upon the consent of the patient to partici- Service Act is amended to read as follows: pate in research. the end thereof; ‘‘PART D—GRANTS FOR COORDINATED (B) in paragraph (3)— ‘‘(2) RESEARCH PROTOCOLS.— ‘‘(A) IN GENERAL.—The Secretary shall es- SERVICES AND ACCESS TO RESEARCH (i) by striking ‘‘5 percent’’ and inserting FOR CHILDREN, YOUTH, AND FAMILIES’’. ‘‘10 percent including planning, evaluation tablish mechanisms to ensure that research (e) DEMONSTRATION AND TRAINING.— and technical assistance’’; and protocols proposed to be carried out to meet (1) IN GENERAL.—Title XXVI is amended by (ii) by striking the period and inserting ‘‘; the requirements of this section, are of po- adding at the end, the following new part: and’’; and tential clinical benefit to the study partici- (C) by adding at the end thereof the fol- pants, and meet accepted standards of re- ‘‘PART F—DEMONSTRATION AND lowing new paragraph: search design. TRAINING ‘‘(B) REVIEW PANEL.—Mechanisms estab- ‘‘(4) the applicant will submit evidence ‘‘Subpart I—Special Projects of National lished under subparagraph (A) shall include that the proposed program is consistent with Significance the Statewide coordinated statement of need an independent research review panel that shall review all protocols proposed to be car- ‘‘SEC. 2691. SPECIAL PROJECTS OF NATIONAL and agree to participate in the ongoing revi- SIGNIFICANCE. sion of such statement of need.’’. ried out to meet the requirements of this section to ensure that such protocols meet ‘‘(a) IN GENERAL.—Of the amount appro- (d) GRANTS.— priated under each of parts A, B, C, and D of (1) IN GENERAL.—Section 2671 (42 U.S.C. the requirements of this section. Such panel shall make recommendations to the Sec- this title for each fiscal year, the Secretary 300ff–71) is amended to read as follows: shall use the greater of $20,000,000 or 3 per- ‘‘SEC. 2671. GRANTS FOR COORDINATED SERV- retary as to the protocols that should be ap- proved. The panel shall include representa- cent of such amount appropriated under each ICES AND ACCESS TO RESEARCH such part, but not to exceed $25,000,000, to ad- FOR CHILDREN, YOUTH, AND FAMI- tives of public and private researchers, pro- LIES. viders of services, and recipients of services. minister a special projects of national sig- ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(e) TRAINING AND TECHNICAL ASSIST- nificance program to award direct grants to through the Administrator of the Health Re- ANCE.—The Secretary, acting through the public and nonprofit private entities includ- sources and Services Administration, and in Administrator of the Health Resources and ing community-based organizations to fund consultation with the Director of the Na- Services Administration, may use not to ex- special programs for the care and treatment tional Institutes of Health, shall award ceed five percent of the amounts appro- of individuals with HIV disease. grants to appropriate public or nonprofit pri- priated under subsection (h) in each fiscal ‘‘(b) GRANTS.—The Secretary shall award vate entities that, directly or through con- year to conduct training and technical as- grants under subsection (a) based on— tractual arrangements, provide primary care sistance (including peer-based models of ‘‘(1) the need to assess the effectiveness of to the public for the purpose of— technical assistance) to assist applicants and a particular model for the care and treat- ‘‘(1) providing out-patient health care and grantees under this section in complying ment of individuals with HIV disease; support services (which may include family- with the requirements of this section. ‘‘(2) the innovative nature of the proposed centered and youth-centered care, as defined ‘‘(f) EVALUATIONS AND DATA COLLECTION.— activity; and in this title, family and youth support serv- ‘‘(1) EVALUATIONS.—The Secretary shall ‘‘(3) the potential replicability of the pro- ices, and services for orphans) to children, provide for the review of programs carried posed activity in other similar localities or youth, women with HIV disease, and the out under this section at the end of each nationally. families of such individuals, and supporting grant year. Such evaluations may include ‘‘(c) SPECIAL PROJECTS.—Special projects the provision of such care with programs of recommendations as to the improvement of of national significance shall include the de- HIV prevention and HIV research; and access to and participation in services and velopment and assessment of innovative ‘‘(2) facilitating the voluntary participa- access to and participation in qualified re- service delivery models that are designed tion of children, youth, and women with HIV search protocols supported under this sec- to— disease in qualified research protocols at the tion. ‘‘(1) address the needs of special popu- facilities of such entities or by direct refer- ‘‘(2) REPORTING REQUIREMENTS.—The Sec- lations; ral. retary may establish data reporting require- ‘‘(2) assist in the development of essential ‘‘(b) ELIGIBLE ENTITIES.—The Secretary ments and schedules as necessary to admin- community-based service delivery infra- may not make a grant to an entity under ister the program established under this sec- structure; and subsection (a) unless the entity involved pro- tion and conduct evaluations, measure out- ‘‘(3) ensure the ongoing availability of vides assurances that— comes, and document the clients served, services for Native American communities ‘‘(1) the grant will be used primarily to services provided, and participation in quali- to enable such communities to care for Na- serve children, youth, and women with HIV fied research protocols. tive Americans with HIV disease. disease; ‘‘(3) WAIVERS.—Notwithstanding the re- ‘‘(d) SPECIAL POPULATIONS.—Special ‘‘(2) the entity will enter into arrange- quirements of subsection (b), the Secretary projects of national significance may include ments with one or more qualified research may award new grants under this section to the delivery of HIV health care and support entities to collaborate in the conduct or fa- an entity if the entity provide assurances, services to traditionally underserved popu- cilitation of voluntary patient participation satisfactory to the Secretary, that the enti- lations including— in qualified research protocols; ty will implement the assurances required ‘‘(1) individuals and families with HIV dis- ‘‘(3) the entity will coordinate activities under paragraph (2), (3), (4), or (5) of sub- ease living in rural communities; under the grant with other providers of section (b) by the end of the second grant ‘‘(2) adolescents with HIV disease;

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10764 CONGRESSIONAL RECORD — SENATE July 27, 1995 ‘‘(3) Indian individuals and families with Acts, a grant made for purposes of this para- graph (1)(B) for a territory of the United HIV disease; graph to an eligible area shall be made in an States shall be the product of— ‘‘(4) homeless individuals and families with amount equal to the product of— ‘‘(i) an amount equal to the amount appro- HIV disease; ‘‘(i) an amount equal to the amount avail- priated under section 2677 for the fiscal year ‘‘(5) hemophiliacs with HIV disease; and able for distribution under paragraph (2) for involved for grants under part B; and ‘‘(6) incarcerated individuals with HIV dis- the fiscal year involved; and ‘‘(ii) the percentage constituted by the sum ease. ‘‘(ii) the percentage constituted by the of— ‘‘(e) SERVICE DEVELOPMENT GRANTS.—Spe- ratio of the distribution factor for the eligi- ‘‘(I) the product of .50 and the ratio of the cial projects of national significance may in- ble area to the sum of the respective dis- State distribution factor for the State or ter- clude the development of model approaches tribution factors for all eligible areas. ritory (as determined under subsection (B)) to delivering HIV care and support services ‘‘(B) DISTRIBUTION FACTOR.—For purposes to the sum of the respective State distribu- including— of subparagraph (A)(ii), the term ‘distribu- ‘‘(1) programs that support family-based tion factors for all States or territories; and tion factor’ means an amount equal to the ‘‘(II) the product of .50 and the ratio of the care networks critical to the delivery of care estimated number of living cases of acquired in minority communities; non-EMA distribution factor for the State or immune deficiency syndrome in the eligible territory (as determined under subparagraph ‘‘(2) programs that build organizational ca- area involved, as determined under subpara- pacity in disenfranchised communities; (C)) to the sum of the respective distribution graph (C). factors for all States or territories. ‘‘(3) programs designed to prepare AIDS ‘‘(C) ESTIMATE OF LIVING CASES.—The ‘‘(B) STATE DISTRIBUTION FACTOR.—For pur- service organizations and grantees under amount determined in this subparagraph is poses of subparagraph (A)(ii)(I), the term this title for operation within the changing an amount equal to the product of— ‘State distribution factor’ means an amount health care environment; and ‘‘(i) the number of cases of acquired im- equal to the estimated number of living ‘‘(4) programs designed to integrate the de- mune deficiency syndrome in the eligible cases of acquired immune deficiency syn- livery of mental health and substance abuse area during each year in the most recent 120- drome in the eligible area involved, as deter- treatment with HIV services. month period for which data are available ‘‘(f) COORDINATION.—The Secretary may with respect to all eligible areas, as indi- mined under subparagraph (D). not make a grant under this section unless cated by the number of such cases reported ‘‘(C) NON-EMA DISTRIBUTION FACTOR.—For the applicant submits evidence that the pro- to and confirmed by the Director of the Cen- purposes of subparagraph (A)(ii)(II), the term posed program is consistent with the State- ‘non-ema distribution factor’ means an wide coordinated statement of need, and the ters for Disease Control and Prevention for each year during such period; and amount equal to the sum of— applicant agrees to participate in the ongo- ‘‘(i) the estimated number of living cases of ing revision process of such statement of ‘‘(ii) with respect to— ‘‘(I) the first year during such period, .06; acquired immune deficiency syndrome in the need. State or territory involved, as determined ‘‘(g) REPLICATION.—The Secretary shall ‘‘(II) the second year during such period, make information concerning successful .06; under subparagraph (D); less models developed under this part available ‘‘(III) the third year during such period, ‘‘(ii) the estimated number of living cases to grantees under this title for the purpose .08; of acquired immune deficiency syndrome in of coordination, replication, and integration. ‘‘(IV) the fourth year during such period, such State or territory that are within an el- To facilitate efforts under this subsection, .10; igible area (as determined under part A). the Secretary may provide for peer-based ‘‘(V) the fifth year during such period, .16; ‘‘(D) ESTIMATE OF LIVING CASES.—The technical assistance from grantees funded ‘‘(VI) the sixth year during such period, .16; amount determined in this subparagraph is under this part.’’. ‘‘(VII) the seventh year during such period, an amount equal to the product of— (2) REPEAL.—Subsection (a) of section 2618 .24; ‘‘(i) the number of cases of acquired im- (42 U.S.C. 300ff–28(a)) is repealed. ‘‘(VIII) the eighth year during such period, mune deficiency syndrome in the State or (f) HIV/AIDS COMMUNITIES, SCHOOLS, CEN- .40; territory during each year in the most re- TERS.— ‘‘(IX) the ninth year during such period, cent 120-month period for which data are (1) NEW PART.—Part F of title XXVI (as .57; and available with respect to all States and terri- added by subsection (e)) is further amended ‘‘(X) the tenth year during such period, .88. tories, as indicated by the number of such by adding at the end, the following new sub- ‘‘(D) UNEXPENDED FUNDS.—The Secretary cases reported to and confirmed by the Di- part: may, in determining the amount of a grant rector of the Centers for Disease Control and ‘‘Subpart II—AIDS Education and Training for a fiscal year under this paragraph, adjust Prevention for each year during such period; Centers the grant amount to reflect the amount of and ‘‘SEC. 2692. HIV/AIDS COMMUNITIES, SCHOOLS, unexpended and uncanceled grant funds re- ‘‘(ii) with respect to each of the first AND CENTERS.’’. maining at the end of the fiscal year pre- through the tenth year during such period, (2) AMENDMENTS.—Section 776(a)(1) (42 ceding the year for which the grant deter- the amount referred to in 2603(a)(3)(C)(ii). U.S.C. 294n(a)) is amended— mination is to be made. The amount of any ‘‘(E) PUERTO RICO, VIRGIN ISLANDS, GUAM.— (A) by striking subparagraphs (B) and (C); such unexpended funds shall be determined For purposes of subparagraph (D), the cost (B) by redesignating subparagraphs (A) and using the financial status report of the index for Puerto Rico, the Virgin Islands, (D) as subparagraphs (B) and (C), respec- grantee. and Guam shall be 1.0.’’. tively; ‘‘(E) PUERTO RICO, VIRGIN ISLANDS, GUAM.— ‘‘(F) UNEXPENDED FUNDS.—The Secretary (C) by inserting before subparagraph (B) For purposes of subparagraph (D), the cost may, in determining the amount of a grant (as so redesignated) the following new sub- index for an eligible area within Puerto Rico, for a fiscal year under this subsection, adjust paragraph: the Virgin Islands, or Guam shall be 1.0.’’. the grant amount to reflect the amount of ‘‘(A) training health personnel, including SEC. 5. AMOUNT OF CARE GRANTS. practitioners in title XXVI programs and unexpended and uncanceled grant funds re- Paragraphs (1) and (2) of section 2618(b) (42 other community providers, in the diagnosis, maining at the end of the fiscal year pre- U.S.C. 300ff–28(b)(1) and (2)) are amended to treatment, and prevention of HIV infection ceding the year for which the grant deter- read as follows: and disease;’’; and mination is to be made. The amount of any ‘‘(1) MINIMUM ALLOTMENT.—Subject to the (D) in subparagraph (B) (as so redesig- such unexpended funds shall be determined extent of amounts made available under sec- nated) by adding ‘‘and’’ after the semicolon. using the financial status report of the tion 2677, the amount of a grant to be made (3) TRANSFER.—Subsection (a) of section grantee. under this part for— 776 (42 U.S.C. 294n(a)) (as amended by para- ‘‘(G) LIMITATION.— ‘‘(A) each of the several States and the Dis- graph (2)) is amended by transferring such ‘‘(i) IN GENERAL.—The Secretary shall en- trict of Columbia for a fiscal year shall be subsection to section 2692 (as added by para- sure that the amount of a grant awarded to the greater of— graph (1)). a State or territory for a fiscal year under ‘‘(i)(I) with respect to a State or District (4) AUTHORIZATION OF APPROPRIATIONS.— this part is equal to not less than— that has less than 90 living cases of acquired Section 2692 (as added by paragraph (1)) is ‘‘(I) with respect to fiscal year 1996, 98 per- immune deficiency syndrome, as determined amended by adding at the end thereof the cent; under paragraph (2)(D), $100,000; or following new subsection: ‘‘(II) with respect to fiscal year 1997, 97 per- ‘‘(i)(I) with respect to a State or District ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— cent; that has 90 or more living cases of acquired There are authorized to be appropriated to ‘‘(III) with respect to fiscal year 1998, 95.5 carry out this section, such sums as may be immune deficiency syndrome, as determined under paragraph (2)(D), $250,000; percent; necessary for each of the fiscal years 1996 ‘‘(IV) with respect to fiscal year 1999, 94 through 2000.’’. ‘‘(ii) an amount determined under para- graph (2); and percent; and SEC. 4. AMOUNT OF EMERGENCY RELIEF ‘‘(V) with respect to fiscal year 2000, 92.5 GRANTS. ‘‘(B) each territory of the United States, as Paragraph (3) of section 2603(a) (42 U.S.C. defined in paragraph (3), shall be an amount percent; 300ff–13(a)(3)) is amended to read as follows: determined under paragraph (2). of the amount such State or territory re- ‘‘(3) AMOUNT OF GRANT.— ‘‘(2) DETERMINATION.— ceived for fiscal year 1995 under this part. In ‘‘(A) IN GENERAL.—Subject to the extent of ‘‘(A) FORMULA.—The amount referred to in administering this subparagraph, the Sec- amounts made available in appropriations paragraph (1)(A)(ii) for a State and para- retary shall, with respect to States that will

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receive grants in amounts that exceed the (b) APPLICATION OF SECTION.—A State de- (b) DEFINITIONS.—As used in this section— amounts that such States received under scribed in this subsection is a State that (1) AIDS-INFECTED PATIENT.—The term this part in fiscal year 1995, proportionally has— ‘‘AIDS-infected patient’’ means any person reduce such amounts to ensure compliance (1) an HIV seroprevalance among child who has been diagnosed by a physician or with this subparagraph. In making such re- bearing women during the period beginning surgeon practicing medicine in such State to ductions, the Secretary shall ensure that no on January 1, 1991 and ending on December be infected with the human immuno- such State receives less than that State re- 31, 1992, of .25 or greater as determined by deficiency virus. ceived for fiscal year 1995. the Centers for Disease Control and Preven- (2) STATE.—The term ‘‘State’’ means a ‘‘(ii) RATABLE REDUCTION.—If the amount tion; or State, the District of Columbia, or any terri- appropriated under section 2677 and available (2) an estimated number of births to HIV tory of the United States. for allocation under this part is less than the positive women in 1993 of 175 or greater as (3) SPOUSE.—The term ‘‘spouse’’ means a amount appropriated and available under determined by the Centers for Disease Con- person who is or at any time since December this part for fiscal year 1995, the limitation trol and Prevention using 1992 natality sta- 31, 1976, has been the marriage partner of a contained in clause (i) shall be reduced by a tistics. person diagnosed as an AIDS-infected pa- percentage equal to the percentage of the re- (c) NONCOMPLIANCE.—If a State does not tient. duction in such amounts appropriated and provide the certification required under sub- (c) EFFECTIVE DATE.—Subsection (a) shall available.’’. section (a) within the 1 year period described take effect with respect to a State on Janu- SEC. 6. CONSOLIDATION OF AUTHORIZATIONS OF in such subsection, such State shall not be ary 1 of the calendar year following the first APPROPRIATIONS. eligible to receive assistance for HIV coun- regular session of the legislative body of (a) IN GENERAL.—Part D of title XXVI (42 seling and testing under the Public Health such State that is convened following the U.S.C. 300ff–71) is amended by adding at the Service Act (42 U.S.C. 201 et seq.) until such date of enactment of this section. end thereof the following new section: certification is provided. SEC. 9. STUDY ON ALLOTMENT FORMULA. (d) ADDITIONAL FUNDS REGARDING WOMEN ‘‘SEC. 2677. AUTHORIZATION OF APPROPRIA- (a) STUDY.—The Secretary of Health and TIONS. AND INFANTS.— Human Services (hereafter referred to in this ‘‘(a) IN GENERAL.—Subject to subsection (1) IN GENERAL.—If a State described in section as the ‘‘Secretary’’) shall enter into (b), there are authorized to be appropriated subsection (b) provides the certification re- a contract with a public or nonprofit private to make grants under parts A and B, such quired in subsection (a) and is receiving entity, subject to subsection (b), for the pur- sums as may be necessary for each of the fis- funds under part B of title XXVI of the Pub- pose of conducting a study or studies con- cal years 1996 through 2000. Of the amount lic Health Service Act for a fiscal year, the cerning the statutory formulas under which appropriated under this section for fiscal Secretary of Health and Human Services funds made available under part A or B of year 1996, the Secretary shall make available may (from the amounts available pursuant title XXVI of the Public Health Service Act 64 percent of such amount to carry out part to paragraph (3)) make a grant to the State are allocated among eligible areas (in the A and 36 percent of such amount to carry out for the fiscal year for the following purposes: case of grants under part A) and States and part B. (A) Making available to pregnant women territories (in the case of grants under part ‘‘(b) DEVELOPMENT OF METHODOLOGY.— appropriate counseling on HIV disease. B). Such study or studies shall include— ‘‘(1) IN GENERAL.—With respect to each of (B) Making available outreach efforts to (1) an assessment of the degree to which the fiscal years 1997 through 2000, the Sec- pregnant women at high risk of HIV who are each such formula allocates funds according retary shall develop and implement a meth- not currently receiving prenatal care. to the respective needs of eligible areas, odology for adjusting the percentages re- (C) Making available to such women test- State, and territories; ferred to in subsection (a) to account for ing for such disease. (2) an assessment of the validity and rel- grants to new eligible areas under part A and (D) Offsetting other State costs associated evance of the factors currently included in other relevant factors. Not later than 1 year with the implementation of the requirement each such formula; after the date of enactment of this section, of subsection (a). (3) in the case of the formula under part A, the Secretary shall prepare and submit to (2) EVALUATION BY INSTITUTE OF MEDICINE.— an assessment of the degree to which the for- the appropriate committees of Congress a re- (A) IN GENERAL.—The Secretary of Health mula reflects the relative costs of providing port regarding the findings with respect to and Human Services shall request the Insti- services under such title XXVI within eligi- the methodology developed under this para- tute of Medicine of the National Academy of ble areas; graph. Sciences to enter into a contract with the (4) in the case of the formula under part B, ‘‘(2) FAILURE TO IMPLEMENT.—If the Sec- Secretary for the purpose of conducting an an assessment of the degree to which the for- retary fails to implement a methodology evaluation of the extent to which grants mula reflects the relative costs of providing under paragraph (1) by October 1, 1996, there under paragraph (1) have been effective in services under such title XXVI within eligi- are authorized to be appropriated— preventing the perinatal transmission of the ble States and territories; and ‘‘(A) such sums as may be necessary to human immunodeficiency virus. (5) any other information that would con- carry out part A for each of the fiscal years (B) ALTERNATIVE CONTRACT.—If the Insti- tribute to a thorough assessment of the ap- 1997 through 2000; and tute referred to in subparagraph (A) declines propriateness of the current formulas. ‘‘(B) such sums as may be necessary to to conduct the evaluation under such sub- (b) NATIONAL ACADEMY OF SCIENCES.—The carry out part B for each of the fiscal years paragraph, the Secretary of Health and Secretary shall request the National Acad- 1997 through 2000.’’. Human Services shall carry out such sub- emy of Sciences to enter into the contract (b) REPEALS.—Sections 2608 and 2620 (42 paragraph through another public or non- under subsection (a) to conduct the study de- U.S.C. 300ff–18 and 300ff–30) are repealed. profit private entity. scribed in such subsection. If such Academy (c) CONFORMING AMENDMENTS.—Title XXVI (C) DATE CERTAIN FOR REPORT.—The Sec- declines to conduct the study, the Secretary is amended— retary of Health and Human Services shall shall carry out such subsection through an- (1) in section 2603 (42 U.S.C. 300ff–13)— ensure that, not later than after 2 years after other public or nonprofit private entity. (A) in subsection (a)(2), by striking ‘‘2608’’ the date of the enactment of this Act, the (c) REPORT.—The Secretary shall ensure and inserting ‘‘2677’’; and evaluation required in this paragraph is com- that not later than 6 months after the date (B) in subsection (b)(1), by striking ‘‘2608’’ pleted and a report describing the findings of enactment of this Act, the study required and inserting ‘‘2677’’; made as a result of the evaluation is sub- under subsection (a) is completed and a re- (2) in section 2605(c)(1) (42 U.S.C. 300ff– mitted to the Congress. port describing the findings made as a result 15(c)(1)) is amended by striking ‘‘2608’’ and (3) FUNDING.—For the purpose of carrying of such study is submitted to the Committee inserting ‘‘2677’’; and out this subsection, there are authorized to on Commerce of the House of Representa- (3) in section 2618 (42 U.S.C. 300ff–28)— be appropriated $10,000,000 for each of the fis- tives and the Committee on Labor and (A) in subsection (a)(1), is amended by cal years 1996 through 2000. Amounts made Human Resources of the Senate. striking ‘‘2620’’ and inserting ‘‘2677’’; and available under section 2677 for carrying out (d) CONSULTATION.—The entity preparing (B) in subsection (b)(1), is amended by this part are not available for carrying out the report required under subsection (c), striking ‘‘2620’’ and inserting ‘‘2677’’. this subsection. shall consult with the Comptroller General SEC. 7. CDC GUIDELINES FOR PREGNANT SEC. 8. SPOUSAL NOTIFICATION. of the United States. The Comptroller Gen- WOMEN. (a) PROHIBITION ON THE USE OF FUNDS.—The eral shall review the study after its trans- (a) REQUIREMENT.—Notwithstanding any Secretary shall not make a grant under this mittal to the committees described in sub- other provision of law, a State described in Act to any State or political subdivision of section (c) and within 3 months make appro- subsection (b) shall, not later than 1 year any State, nor shall any other funds made priate recommendations concerning such re- after the date of enactment of this Act, cer- available under this Act, be obligated or ex- port to such committees. tify to the Secretary of Health and Human pended in any State unless such State takes SEC. 10. PROHIBITIONS AND LIMITATIONS ON Services that such State has in effect regula- administrative or legislative action to re- THE USE OF FEDERAL FUNDS tions to adopt the guidelines issued by the quire that a good faith effort shall be made (a) PROMOTION OR ENCOURAGEMENT OF CER- Centers for Disease Control and Prevention to notify a spouse of an AIDS-infected pa- TAIN ACTIVITIES.—No funds authorized to be concerning recommendations for immuno- tient that such AIDS-infected patient is in- appropriated under this Act may be used to deficiency virus counseling and voluntary fected with the human immunodeficiency promote or encourage, directly or indirectly, testing for pregnant women. virus. homosexuality, or intravenous drug use.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10766 CONGRESSIONAL RECORD — SENATE July 27, 1995 (b) DEFINITION.—As used in subsection (a), This is an important day for the Sen- Mr. President, I am extremely the term ‘‘to promote or encourage, directly ate and I think for our country. It is an pleased with the action taken by the or indirectly, homosexuality’’ includes, but indication of strong bipartisan support, U.S. Senate. By voting 96 to 3 in favor is not limited to, affirming homosexuality as overwhelming support in the Senate, of the Ryan White CARE Act reauthor- natural, normal, or healthy, or, in the proc- ess of addressing related ‘‘at-risk’’ issues, af- for a program that will provide a de- ization of 1995—the Senate has sent a firming in any way that engaging in a homo- gree of hope for hundreds of thousands strong message of hope to hundreds of sexual act is desirable, acceptable, or per- of our fellow citizens who are afflicted thousands of Americans living with missible, or, describing in any way tech- by this epidemic. AIDS. niques of homosexual sex. This program has been successful in In communities across this country, SEC. 11. OPTIONAL PARTICIPATION OF FEDERAL the past. Its need has been docu- the Ryan White CARE Act programs EMPLOYEES IN AIDS TRAINING PRO- mented. It is an expression of compas- represent America at its best. The Sen- GRAMS. sion for those who are ill to try to ate demonstrated the capacity to put (a) IN GENERAL.—Notwithstanding any make sure that their suffering will be people before politics and act in the other provision of law, a Federal employee may not be required to attend or participate relieved in a significant and important public interest. Today’s action will in an AIDS or HIV training program if such way. make a world of difference for individ- employee refuses to consent to such attend- I think it is an extremely important uals and families in need. ance or participation. An employer may not piece of legislation. All of us are grate- For 15 years, America has been strug- retaliate in any manner against such an em- ful to our leaders for scheduling this— gling with the devastating effects of ployee because of the refusal of such em- Senator DOLE, Senator DASCHLE. I am AIDS. More than a million citizens are ployee to consent to such attendance or par- particularly appreciative on our side of infected with the virus. AIDS itself has ticipation. Senator DASCHLE for his strong support now become the leading killer of all (b) DEFINITION.—As used in subsection (a), and for his continued efforts to make young Americans ages 25 to 44. Its is the term ‘‘Federal employee’’ has the same meaning given the term ‘‘employee’’ in sec- sure that we were going to get an early killing brothers and sisters, children tion 2105 of title 5, United States Code, and consideration of the legislation. and parents, friends and loved ones—all such term shall include members of the I would like to take a moment of the in the prime of their lives. armed forces. Senate’s time to express a strong ap- Nearly 500,000 Americans have been SEC. 12. PROHIBITION ON PROMOTION OF CER- preciation for personnel support. I diagnosed with AIDS. Over half have TAIN ACTIVITIES. think I speak for the Senate in thank- already died—and yet the epidemic Part D of title XXVI of the Public Health ing the members of our staffs who have marches on unabated. Service Act (42 U.S.C. 300ff-71) as amended by toiled long and hard and have worked The epidemic is a decade and a half section 6, is further amended by adding at diligently and with very considerable old—but almost 40 percent of the AIDS the end thereof the following new section: knowledge about this subject matter: cases in the country have been diag- ‘‘SEC. 2678. PROHIBITION ON PROMOTION OF Michael Iskowitz and Seth Kelbourne nosed in the last 2 years. One more CERTAIN ACTIVITIES. ‘‘None of the funds authorized under this in my own office. Mike Iskowitz was American gets the bad news every 6 title shall be used to fund AIDS programs, or here with the passing of the first Ryan minutes. And since we began the de- to develop materials, designed to promote or White legislation and has followed it bate last Friday—we have lost another encourage, directly, intravenous drug use or extremely closely and is very much in- 500 of our fellow citizens to AIDS. sexual activity, whether homosexual or het- volved in the strengthening and im- As the crisis continues year after erosexual. Funds authorized under this title provements to this legislation. I am year, it has become more and more dif- may be used to provide medical treatment grateful to both of them. ficult for anyone to claim that AIDS is and support services for individuals with Marty Ross and Jim Wade worked someone else’s problem. In a very real HIV.’’. very closely with us, and I am grateful way, we are all living with AIDS. SEC. 13. LIMITATION ON APPROPRIATIONS. for the common spirit that was so evi- The epidemic has cost this Nation Notwithstanding any other provision of immeasurable talent and energy in law, the total amounts of Federal funds ex- dent by the staff, not only our own pended in any fiscal year for AIDS and HIV staff but the work that was done by young and promising lives struck down activities may not exceed the total amounts many of our other colleagues who par- long before their time. And in the expended in such fiscal year for activities re- ticipated and involved themselves as pages of history our response to this lated to cancer. well. plague—and the challenges it pre- SEC. 14. EFFECTIVE DATE. I am grateful as well for the various sents—will surely document what we (a) IN GENERAL.—Except as provided in AIDS organizations that came together stood for as a society. subsection (b), this Act, and the amendments to run this program effectively. I am America can take satisfaction that in made by this Act, shall become effective on mindful that Jeanne White, Ryan’s these difficult times we have the abil- October 1, 1995. mother, when we first passed this legis- ity to do things right. In the case of (b) ELIGIBLE AREAS.— lation a number of years ago, was in the CARE Act—we have. (1) IN GENERAL.—The amendments made by subsections (a)(1)(A), (a)(2), and (b)(4)(A) of the gallery for that occasion. All of us The act contains a series of carefully section 3 shall become effective on the date who continue to work on this program crafted components that together have of enactment of this Act. are mindful that it is named after reduced in-patient hospitalization and (2) REPORTED CASES.—The amendment Ryan, her son. Ryan’s mother is a emergency room visits. It has allowed made by subsection (a)(1)(B) of section 3 strong supporter of this legislation. I more than 350,000 Americans with HIV shall become effective on October 1, 1997. think all of us thank her for her con- disease this year to live longer, Mr. KENNEDY. Mr. President, I tinued interest. healthier, and more productive lives. In move to reconsider the vote by which There have been many people, not a very real way, the CARE Act has the bill was passed. only in the Senate, but also in the saved money and saved lives. Mrs. KASSEBAUM. I move to lay House, where this is moving along with While much has changed since 1990, that motion on the table. bipartisan support, and across the the brutality of the epidemic remains The motion to lay on the table was country who have urged the passage of severe. When the act first took effect, agreed to. this. I think the overwhelming support only 16 cities qualified for emergency Mr. KENNEDY addressed the Chair. from all different political viewpoints relief. In the past 5 years, that number The PRESIDING OFFICER. The Sen- that came together in support is really has more than tripled—and by next ator from Massachusetts. a reflection of the genuine sense of year it will have quadrupled. Mr. KENNEDY. Mr. President, I want compassion and sense of decency and This crisis is not limited to major to express my appreciation to the caring that is really the Senate and urban centers. Caseloads are now grow- chairman of our committee, Senator our colleagues at their best. ing in small towns and rural commu- KASSEBAUM, for her leadership on this So I thank all those who partici- nities, along the coasts and in Amer- extremely important piece of legisla- pated, and I am grateful for their sup- ica’s heartland. From Weymouth to tion. It is one of the first major reau- port. We will do everything we can to Wichita, no community has avoided thorizations of a program that offers carry forward in the conference and the epidemic’s reach. such hope for so many of our fellow bring strong legislation back to the We are literally fighting for the lives citizens. Senate. of hundreds of thousands of our fellow

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10767 citizens. These realities challenge us to mental in helping us move forward will decide.’’ It is the heart of this move forward together in the best in- with this legislation and final passage. question that the Senate must face terest of all people living with HIV and Mr. President, I am pleased that the this year. all Americans. And that is what Sen- Senate has just concluded its action on There are two tests that farm pro- ator KASSEBAUM and I have attempted the Ryan White CARE Reauthorization grams must meet to merit continued to do. Act of 1995. As a result of this act, funding. The compromise in this legislation many individuals and families in this First, will continued farm program acknowledges that the HIV epidemic country who suffer from the HIV virus funding mean more food for the hun- has expanded its reach. But we have will continue to receive compassionate gry; and second, will continued farm not forgotten its roots. While new faces treatment and support services. program funding mean better manage- and new places are affected, the epi- As you know, I have not been alone ment of our natural resources. demic rages on in the areas of the in my support for this legislation. I Unfortunately the jury is still out on country hit hardest and longest. wish to thank my 65 Senate colleagues whether the 1995 farm bill will meet The pain and suffering of individuals who are cosponsors of this legislation. these two tests. In particular, the ranking member on and families with HIV is real, wide- Why? First, because some farm the Committee on Labor and Human spread, and growing. All community- groups have proposed taking food from Resources, Senator KENNEDY, has been based organizations, cities, and States the needy to subsidize wealthy farmers. instrumental in the development and need additional support from the Fed- Second, because some farm groups are eventual passage of the reauthorization eral Government to meet the needs of trying to repeal a decade of legislation bill. those they serve. that has brought harmony between ag- This legislation represents a com- The development of this legislation ricultural and environmental policies. promise, and like most compromises, it has been difficult at times, requiring is not perfect and it will not please ev- the personal commitment of many in- Let me make my position clear—very eryone. But on balance, it is a good dividuals from various organizations. clear. If farm programs become the bill—and its enactment will benefit all Without mentioning each, I wish to ac- enemy of the hungry and the environ- people living with HIV everywhere in knowledge their efforts. ment, I will not support them. Indeed, the Nation. Finally, I thank Labor Committee I will join those on the floor who want We have sought common ground. We staff who developed and helped orches- to dismantle them. have listened to those on the front- trate the passage of this act. In par- Now a few words of background. lines. And we have attempted to sup- ticular, I wish to acknowledge the dedi- TIMES CHANGE port their efforts, not tie their hands. cation of Michael Iskowitz and Seth A long time could be spent explaining The Senate put aside political, geo- Kelbourne on Senator KENNEDY’s staff why farm programs need to be changed. graphic, and institutional differences and Doctors Marty Ross and James It comes down to this. When the Agri- to face this important challenge Wade on my own staff. cultural Act of 1949 was written, 42 per- squarely and successfully. f cent of rural Americans were farmers Although the resources fall short of MORNING BUSINESS and farmers were 15 percent of the U.S. meeting the growing need, the act is population. Rural Americans were gen- Mrs. KASSEBAUM. Mr. President, I working. It has provided life-saving erally poorer than most Americans. An ask unanimous consent that there now care and support for hundreds of thou- income support program that helped be a period for morning business, not sands of individuals and families af- farmers, helped rural America. Today to exceed 45 minutes, with Senators fected by HIV and AIDS. farmers are only 2 percent of the Amer- permitted to speak for up to 5 minutes The act is about more than Federal ican population and the average farmer each. funds and health care services. It is is wealthier than the average Amer- The PRESIDING OFFICER. Without also about the caring American tradi- ican. objection, it is so ordered. tion of reaching out to people who are At one time regulations that re- suffering and in need of help. Ryan Mr. LEAHY addressed the Chair. The PRESIDING OFFICER. The Sen- quired farmers to idle land also helped White would be proud of what is taking ator from Vermont [Mr. LEAHY] is rec- stabilize some food prices. By and place in his name. His example, and the ognized. large, there is now very little consumer hard work of so many others, are benefit from the land idling aspects of f bringing help and hope to our Amer- farm programs. Today land retirement ican family with AIDS. SHOULD THERE BE FEDERAL programs function only to control the Since the beginning, the CARE Act FARM PROGRAMS budgetary costs of the program. has been a model of bipartisan coopera- Mr. LEAHY. Mr. President, for the Farm programs are no longer an ef- tion and effective Federal leadership. past decade most of the debate on farm fective means to promote economic Today that tradition continues and 64 programs has centered around the growth in rural America. Farm pro- Senators joined Chairman KASSEBAUM question of ‘‘how much should we grams no longer stabilize consumer and me in presenting this bill to the spend on farm programs?’’ Now the de- prices. Senate—and 96 Senators supported its bate has shifted to whether there passage. It does not get much clearer NEEDY REQUIRE ALLIES should be any programs that provide The other primary justification for than that. benefits to farmers. I take the floor This is an important day for people the farm programs, has been that they today to address this issue. were part of the political arrangement living with HIV and AIDS and all Let me begin my statement by ask- that provided political support for Americans. We must do more to pro- ing three questions, giving three quick feeding programs. Urban Congressmen vide care and support for those trapped answers, and then explaining why I supported farm programs in return for in the epidemic’s path. And with this have come to these conclusions. rural support of nutrition programs. legislation, we will. Question: Do the historic justifica- While every program should stand on Mrs. KASSEBAUM addressed the tions for farm programs make sense its own merits, in a democracy, the Chair. today? The PRESIDING OFFICER. The Sen- Answer: No. needy require allies more than anyone ator from Kansas. Question: Should there be any Fed- else. Even an unholy alliance makes Mrs. KASSEBAUM. Mr. President, I eral program in which tax dollars are sense if it helps us to meet our moral will just add in support of what the transferred to farmers? obligation to end hunger in America. ranking member of the Labor and Answer: Yes. Unfortunately earlier this year, dur- Human Resources Committee, Senator Question: Should farm programs be ing the Senate Budget Committee’s KENNEDY, has said in acknowledging phased out or continued? consideration of the budget resolution, the support of the leaders, both the Answer: The next month will decide. the farm groups united in an effort to majority leader and the minority lead- Let us start with the third question— cut nutrition programs in order to in- er in the Senate, who have been instru- to which I answered, ‘‘the next month crease farm program payments. If this

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10768 CONGRESSIONAL RECORD — SENATE July 27, 1995 effort produces a major shift from nu- sumers, and environmentalists working Government be doing with what is in- trition to farm programs, I will not be together on the farm bill. Each realized evitably a finite amount of money? We able to support farm programs. that they would not get every single will have entitlements to the extent UNIQUE NATURAL RESOURCE CHALLENGES thing they wanted, but working to- that, in 5 years, we will have nothing So, should there be any Federal pro- gether, they would better represent the to spend except in the entitlement pro- gram in which tax dollars are trans- interest of farmers, ranchers, environ- grams. I do not think we want to find ferred to farmers? mentalists, consumers, the hungry, and ourselves there. The answer is yes—for two reasons. those who could afford to buy food in So we have an opportunity now to First, because farmers face unique this country. look at some fundamental change. We problems with natural disasters. You will find some who want to shat- have done that, I think. I must say Second, because farmers have a ter that kind of coalition, who want to that my observation is generally that unique role in meeting widely held na- grab their own special interests imme- the folks on the other side of the aisle tional natural resource objectives. diately, almost on ‘‘The devil take the have resisted almost everything that First, farmers face unique problems hind most.’’ Well, that is not going to has come up here. Always there is this with natural disasters. Droughts, happen because some are going to idea that, yes, we are for it, whether it floods, and disease cause catastrophic stand up and speak for the ‘‘high’’ be unfunded mandates, line-item veto, losses that can bankrupt even the most most. or balanced budget. But when we get efficient farmer. Without Government I yield the floor. into it, we find that there is an effort assistance, the private sector cannot Mr. THOMAS addressed the Chair. to maintain the status quo. That is provide adequate and affordable insur- The PRESIDING OFFICER. The Sen- frustrating. I think it is frustrating for ance to help farmers manage produc- ator from Wyoming. us, and I clearly believe it is frus- trating for the voters in this last elec- tion risk. Thus, a subsidized crop insur- f ance program makes sense. tion. WELFARE REFORM It seems to me that one of the meas- Second, farmers play a unique role in urements of good Government is managing our natural resources. Farms Mr. THOMAS. Mr. President, we had whether there is a response—if there is and grazing lands make up 50 percent arranged, prior to this morning, for the a response to public outcry for change. of the continental United States. It is freshman focus to have some time dur- And I think there has been. So we find impossible to successfully regulate ing morning business. Now we have ourselves now, I think, with the oppor- such a vast area, even if one wanted that opportunity. I would like to take tunity to take a look at welfare, to to—which I do not. To successfully ad- that time that was allocated. look at a program that everyone agrees dress natural resource management on As you know, there are some unique insights that are brought to this body is useful, and that we should help peo- private lands, farmers must be part of ple who need help to get back into the solution. The taxpayers are willing by people who are elected, those who have just come through an election work and back into the private sector. to pay farmers to protect drinking But let me share just one frustration. who, I think, are perhaps more attuned water, preserve lakes and rivers, and to We seem to be engaged in a little bit of and more aware of what the electorate, be stewards of the soil. a game here of perception. Each time at least in our view, was talking about. In the 1985 and 1990 farm bills, farm we talk about how do we do something So the purpose of our freshman focus programs were harmonized with envi- better, the argument goes on back to has been to bring that sort of insight to ronmental objectives. For example, no whether you are going to do it or not. this body. And, frankly, I think we are longer were farmers paid to destroy You know, we talk about Medicare. a little more impatient. We would like wetlands. Instead, farm programs There is not a soul that I know of in to see things move a little faster than began to protect wetlands. here who does not want to continue the ‘‘blinding speed’’ we have encoun- Today some farm groups favor de- and strengthen Medicare. The choice is tered over the past 6 months. We want stroying this harmony. They even go not doing away with Medicare or not so far as to say that farm conservation to talk a little about fundamental funding Medicare. The choice is how do should only be funded if there is money change. you do it? The same is true with wel- The issue that will come before us left after farm subsidies and exports fare. Nobody wants to do away with the subsides are paid for. soon, hopefully, will be that of welfare opportunity to help people who need it, This may make sense to a farmer or reform—one of the fundamental but we need to find a way to do it in a grain exporter. It does not make changes that obviously needs to be such a way that there are incentives to sense to the public. There is no reason made. I think it is fair to say that, for move off of the program and get back a farmer should be richer than a ma- whatever reason, over the last 25 to 30 into the private sector, where there are chine shop owner. There is no reason years, there has not been a willingness restrictions and limits to the cost, and that the taxpayer should help huge on the part of the Congress to really to develop programs that have some grain exporters control market shares. take a look at fundamental change, to flexibility. So this is the time for testing. take a look at programs to see, in fact, Certainly, our needs in Wyoming are Will farm programs become just an- if they are effective in terms of car- different from those of my friend from other special interest trying to take rying out the purpose of the statutes; Pennsylvania. That is what we are the last few dollars from the Federal whether or not they are efficient in seeking to do. Government before the bank goes terms of providing results for the dol- So, Mr. President, we have strong broke? lars that have been spent; or whether feelings about it—I suppose no stronger Will farmers accept the challenge of the delivery system has worked well; than anyone else—simply because we living up to their historic responsi- whether or not there is an opportunity are freshmen. But maybe we do feel a bility of feeding the poor and gradually to bring programs, Government, and little of the frustration a little more transform farm programs into natural decisions closer to people by involving easily. Maybe we grow impatient a lit- resource management programs? the States. Rather, we have had this tle more easily, and sort of suffer from Wallace Stevens once wrote: growth of Federal Government without the movement here. In any event, I After the final ‘‘no’’ there comes a ‘‘yes,’’ much consideration of alternatives. think we have great opportunities. And on that ‘‘yes’’ the future of the world de- We will soon be entering into the One of the Senators who has done pends.... year 2000, a new century. We need to more work in this, I think, than most The next month will decide whether ask ourselves what kind of a govern- anyone I know and is very knowledge- the final answer will be a ‘‘yes’’ on ment do we want to pass on to our kids able, is the Senator from Pennsylvania. which the farmer and the taxpayer can and grandkids with respect to spending I am glad to see him here on the floor. depend. and with respect to the budget? We will WELFARE REFORM I am somewhat dismayed to see the be considering, in the next 2 months, Mr. SANTORUM. I thank the Senator pattern that has grown up over the an increase in the debt of $5 trillion. from Wyoming for his comments and past decade so suddenly become shat- We will be asking ourselves what are again for his leadership in bringing the tered. This pattern farmers, con- the priorities? What should the Federal freshmen to the floor on a regular basis

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10769 to talk about the issues that are im- tions that were being offered just a I am encouraged by that. I look for- portant to us. I rise to talk a little bit year or two ago by the President. ward to the debate. I think it will be a about welfare reform. I am encouraged by that. I think it great one here on the floor of the Sen- I want to start by congratulating the does show a difference between how we ate. I want to thank, again, the Sen- senior Senator from West Virginia for believe on this side—or many believe, ator from Wyoming for reserving this his tremendous service in the U.S. Sen- not all—to solve problems; how we time. I yield the floor. ate. I was in the chair at the time and have been doing it over the long period f did not have an opportunity to con- of years; and how we have been doing GUATEMALA gratulate him personally, but I listened it, really, since the 1960’s. very carefully to the words that he We have been doing it with Govern- Mr. KERREY. Mr. President, I thank spoke in receiving the congratulations ment perhaps out of Washington, DC, the Chair. from the Senate. His talk about the ci- where we attempt to provide for people The newspapers today are reporting vility of the Senate struck me as a per- who are less fortunate, with some Fed- conflicting information about the CIA tinent comment as to what goes on eral direct grant, cash, food stamps, inspector general’s initial investiga- here. housing, or whatever; but it is run out tion into CIA involvement in murder I share those concerns, that the body of Washington. It is administered out and human rights abuses in Guate- should be a civil body, and that we of here. mala. This is an important topic, Mr. should be able to have a civil discourse Sure, there are local agencies that President. Following our hearing on as to the issues of the day. I also un- actually pass the money through, but this topic in the Intelligence Com- derstand that there are certain periods all the decisions are made here, and mittee yesterday, I feel obligated to in history where there occurs a funda- then implemented down at the lower tell the Senate about this investigation mental realignment of thinking, where level where the individual just sort of and my concerns with it. This is an important topic because it ideas of great magnitude clash that receives the end product, which is usu- centers on trust, the trust related to causes, at times, an uncivil reaction to ally a check, a stamp, or something secrecy. those who are engaged in this ideolog- tangible—usually not an exchange, We the effected policymakers—The ical struggle. other than qualifying because you are President and Congress—ask the CIA I think we are at the beginning of low income. There is no work required, to collect information covertly. Some- one of those times here in America and no sense of duty or obligation to the times we also ask the CIA to undertake here in the U.S. Senate. Time will tell people who have provided to give back. covert action in support of U.S. policy, whether the election of last year, when In fact, there is discouragement in covert action which is supposed to be we were all elected freshmen, and the many cases. deniable. To accomplish these tasks, changes that were brought here in the Many believe that is fundamentally we permit them to operate in an envi- U.S. Senate, will be the beginning of a flawed. That a system that provides or seeks to provide for the poor, that does ronment of secrecy. realignment politically in this country However, with secrecy comes trust. not expect anything in return, is a sys- and ideologically in this country—a We trust they will not abuse secrecy by tem that is doomed to failure. I think new way of governing in the United using it to cover mistakes or actions we have seen that it not only results in States. which contradict the U.S. law or Amer- We do not know that. I suspect, and the failure of that individual in their ican values. To be sure they will not, in fact, I hope, that is the case. We do ability to turn their lives around and Congress set up the oversight commit- not know that. I think there are many come back, but it causes the destruc- tees to check what CIA is doing, in par- here who believe that is what is going tion of the community, the family and ticular, in secret. on. Not really that different than what the like when you say to someone that, We check by looking and asking. happened in the 1960’s or what hap- because of their poverty, they are un- When we ask, we trust the answer we pened in the 1930’s during the New Deal able to provide for themselves or give are getting is true. The law says it where we had a fundamental shift of or contribute back to society. must be true, and that the two over- That is what, unintentionally, indi- the role of Government, and people sight committees must be kept fully rectly, has occurred in our welfare sys- here came with very different views of and currently informed. the way Government should operate. tem. That is the debate that will occur Were we so informed about the CIA’s At times, because of the passion here in the U.S. Senate, I hope, in the human rights record in Guatemala? which we feel for our positions, and the next couple of weeks. We will have a Clearly, the answer is no. That being distance between one side and the bill on the floor, I am hoping the last the case, the question then occurs, did other, things can get a little hot and week we are in session. CIA employees intentionally withhold heated. I hope that we pay attention to We have been working, and I give a information from Congress with the in- what the Senator from West Virginia lot of credit to Senator PACKWOOD who tent to deceive or mislead Congress? has said, and try to keep our civility, has done an absolutely outstanding job That is the core remaining issue in my our level of civility, and our respect for in working and trying to pull together mind. our colleagues and their thoughts—al- the Republicans, with a bill we can Let me review where the investiga- though we may disagree—keep that in come together and move forward with, tion process stands right now, so col- mind. that is dramatic and in sync with the leagues, perhaps, have a better under- I do not think there is any issue that principles I outlined. standing, if asked, about the reports in shows the fundamental difference that I want to commend Senator DOLE the paper yesterday and today. is going on in this country, as far as who has been fostering that dialog; The report presented yesterday to the direction of Government in our Senator GRAMM for staking out a re- the Intelligence Committee, the report lives, than the issue of welfare. sponsible position on the issue and try- of CIA IG Fred Hitz, is the first of six I have been working on that issue, as ing to form the debate. reports ordered by President Clinton the Senator from Wyoming knows, for We have a lot of good debate going on on the Guatemala-United States the past 3 or 4 years. I worked on it in over here on this side of the aisle right human rights relationship. the House of Representatives, the now but the debate is not about dollars A second CIA IG report on the cases chairman of the task force that wrote and cents. It is not about how much other than the murders of Michael the House Republican bill last year money we can save on welfare. It is not Devine and Efrain Bamaca will be com- that by and large passed the House of about how we can punish anybody. It is pleted by the end of August. Representatives this year. about one thing. That is, how do we A Defense Department report on de- To look at what happened in the de- give people who have less opportunity fense relationships in Guatemala will bate on welfare in the past 2 or 3 years today, more opportunity, so they can be ready at about the same time. is an enormous change. Even the bills live the American dream. That is what A State Department report on these now being put forward by the leader- it is all about. That is what this wel- cases will be ready in mid-August. ship on the other side have dramati- fare reform will be about. That is what A Justice Department report is in cally moved from the status quo posi- our plan is going to be about. final draft and could be out this week.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10770 CONGRESSIONAL RECORD — SENATE July 27, 1995 All these reports will be reviewed by CIA or elsewhere in the administration Third, we should task intelligence the President’s Intelligence Oversight can do it for us. against the threats that can take away Advisory Board, which is committed to This investigation is about trust in American livelihoods, the threats to reporting the results of its own inves- the way we collect intelligence. Some- our jobs and our way of life. tigation to the President by October 1. times we concentrate so exclusively on The new threat environment is a So there is more information coming. the problems in the intelligence com- challenge for all of us who came up in The reports in the press are not the munity that we forget why we are the world of one large superpower final chapter. We, the Congress, are the doing this. threat. jury, and the jury is still out. Very simply, there is valuable infor- Information technology poses an- Let me review what we do know: mation out there in the world that is other challenge: the sheer amount of First, we know the CIA IG is doing someone’s secret. This information is information has increased geometri- its investigative job well. Fred Hitz’ in- not publicly available. The intelligence cally, but our human capacity to know vestigators have uncovered new data community collects that information has expanded more modestly. Through and organized it with great coherence. and combines it with other, perhaps the noise of information overload, the It is only because of their complete publicly available information, to turn intelligence community must deliver presentation of the cases that we, Sen- it into understanding. that key secret fact, and make it use- ators, are able to isolate and ask the That way, they can do what they get ful to the customer. So effective dis- hard questions. paid for: getting the right information semination is a challenge. Second, we know the oversight task to the right person at the right time so The technology of collection poses of Congress is made more difficult by as to improve that person’s chances of yet another challenge. attitudes of resistance at CIA. success. It is expensive, the lead times are Third, we know the trust which we Worth asking is who is that person, long, and the targets may change be- grant with the right to secrecy is at the recipient of the right information? fore we are done. First, we have the national policy risk. Most important, with satellites we customer, seeking success in a policy Last, we know the CIA effort in Gua- very often have significant uncertain- decision. It is the President, the Na- temala probably was not worth the loss ties about whether or not a launch will tional Security Council, the Secre- to the Agency and the United States of be successful, or the lifespan of the sat- taries of State, Defense, Treasury. And being associated with these cases. ellites themselves. We need significant it is the Congress, too, as we ponder But there are some key facts we do amounts of efforts in research and de- policy decisions, the latest of which for not yet know. We do not know yet velopment to explore new technologies, all of us, has been the situation in Bos- whether or not the withholding of in- but we also need to pay our employees nia. formation was a violation of law. It is the military, seeking success in and run our current operations, and There is no question information was battle, or in protecting our forces, or in money, we all know, is tight. withheld from Congress. Was the with- preparing a operations plan, or making We need to explore dual use of intel- holding done with the intent to mis- a weapons acquisition decision. It is ligence technologies because if the pri- lead Congress? the Chairman of the Joint Chiefs, it is vate sector buys some of these things There is a question of what happened a pilot or squad leader in a dangerous for their own different purposes, the to the victims? Who killed Michael overseas deployment, and all the mili- unit cost to the intelligence agency Devine and the other American vic- tary in between. The intelligence sup- will decrease. But we have to ensure we tims? Who killed Efrain Bamaca? port to these customers cannot be too don’t lose sensitive sources and meth- Indeed, I think it is important that good, and I know that is Director ods in the process. colleagues understand the investiga- Deutch’s commitment, too. Secrecy poses yet another challenge. tion ordered by the President is not di- Next, it is law enforcement, seeking With the passage of the Soviet threat, rected to answer those particular ques- success in arresting a terrorist who has a threat that could extinguish our na- tions but directed, instead, to discover killed Americans or in preventing tional life, secrecy is less acceptable whether our agencies had any involve- drugs from coming to this country. and should be fundamentally chal- ment with it. Next, we have economic customers lenged. The last question is whether or not like the Secretary of Commerce and We still need some secrecy. We could the U.S. Government agencies contrib- Secretary of Agriculture as they seek not otherwise collect and safeguard uted to or abetted any of these crimes, success in insuring fair trade practices other people’s secrets. even indirectly. All this is done with around the world toward American But we should challenge blanket se- the purpose of trying to discover what products and services. crecy wherever we find it, and we we can do to prevent events like this in Intelligence ought to be an essential should support Director Deutch’s de- the future. It is not just a simple exer- contributor to success in all these classification efforts. cise. It is an exercise that must go for- areas—we certainly pay enough for it. Secrecy connotes trust, Mr. Presi- ward successfully if the people are to We should task intelligence, resource dent, as I said at the beginning. We trust that the right of secrecy, the intelligence, and grade intelligence on trust people, when we grant that trust, granting of secrecy is deserving of that the basis of threats, and we should to do the right thing in secret. To me, trust. rank order the threats: that is the core issue in the Guatemala In his initial report, Inspector Gen- First, we should task intelligence to case and I hope my colleagues will eral Hitz has recommended structural know most about the threats that avail themselves of the opportunity to changes and cultural changes in the could take away America’s freedom look at the inspector general’s report. Agency, and Director Deutch has re- and independence. The facts are quite disturbing and, I sponded forcefully. The changes will Second, we should task intelligence believe, precipitate the conclusion come: the structural soon, the cultural against the threats to American lives, that, though we may not have been in- over time, because Director Deutch’s with higher priority to the threats that tentionally misled, the agency is going concept of management accountability can kill many Americans, such as the to have to change its behavior in order will permit no less and because Fred nuclear weapons still in Russia, and for us to be able to continue to trust Hitz’s display of the facts is so clear lower priority to the threats that can that they are following our laws. and complete. kill fewer of us. Mr. President, I thank the Chair and But the questions of why these These are difficult things to do, to es- I yield the floor. events occurred, and what CIA officials tablish these kinds of priorities. But it Mr. FRIST. Mr. President, I ask at the time intended as they wrote re- does fall to us to establish these unanimous consent that I be permitted ports to Congress and responded to threats, otherwise it will be difficult 10 minutes to speak in morning busi- congressional inquiries—these ques- for us to make assignments to the in- ness. tions are unanswered. It falls to us, telligence community as to what we, The PRESIDING OFFICER (Mr. Congress, to apply our judgment and indeed, need in order to make good de- COATS). Without objection, it is so or- experience to answer them. No one at cisions. dered.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10771 WELFARE REFORM ments, who work closely with ailing Young teenage single mothers would Mr. FRIST. Mr. President, I rise to communities and who know better explain that the Government would continue the discussion that was begun than we, what medicine to prescribe, pay them $50 more a month if they several minutes ago by my freshman and how to begin the true healing of moved out of their parents’ home, colleagues on the status of welfare in the conditions of poverty. away from their family—and away this country today. Mr. President, I recently met with a from the only support system they had Mr. President, since the Government group of law enforcement professionals, to pull themselves out of the welfare launched the war on poverty in 1963, from throughout the State of Ten- trap. more than $5 trillion have been in- nessee, who came to advise me on prac- Mr. President, the current welfare vested in the fight. Yet, clearly, pov- tical, concrete ways to turn commu- system slams shut the window of op- erty is still winning. nities around. portunity. Children trapped in the vi- These men and women, whose cumu- Individual dependence upon the State cious welfare cycle need answers, and lative experience in law enforcement has increased with every Government they need them now. exceeds 500 years, are frustrated by intervention. Not only are there more By consolidating programs, we can Federal programs that provide welfare people living in poverty today than reduce the costs of bureaucracy and get benefits to convicted felons. They are ever before but, thanks to welfare, the money to our children. By giving frustrated by Federal rule of evidence whole generations of Americans have States the flexibility they need to ad- that hamstring their efforts to stop the lived and died without ever owning a dress their unique problems, we em- flow of drugs and the violence that re- home, holding down a steady job, or power them to address the specific sults. needs of our children. By empowering knowing the love and support of both a They believe parents should be held mother and a father. people and communities, we strike a accountable for the actions of their blow at the root of violence and crime In the world of welfare, benefits re- children, and they want the authority place work, checks replace fathers, and and give the streets back to our chil- and the resources to take back our dren. Finally, by creating incentives the Government is the family of first public spaces and make them safe for resort. that promote responsible parenting and all Americans. individual achievement, we give chil- Illegitimacy has been subsidized on a Mr. President, I call upon the Amer- dren hope. grand scale, and like other federally ican people to listen to their hearts Mr. President, there is a bright side subsidized program, it has grown be- and to hold fast to their vision. Despite to our current fiscal situation. We have yond our wildest imaginings, with the the din of rhetoric in support of the been forced to reevaluate a faulty sys- number of children now born out of status quo, the American people know tem. wedlock now topping 30 percent. that they elected us to do the very Mr. President, the only thing great We have been given the opportunity thing we are now trying to do. to regroup, to restructure, and to find about the Great Society is its great They asked us to return control of new ways of helping those in need. size, its great cost, and the great power their lives and their Government to Those of us who are committed to it holds over the lives of people, who local communities. are not only bound to poverty but left They asked us to spend their money change have behind us the full force of without hope. wisely. They asked us to change incen- the American people. Those who argue In my home State of Tennessee, I can tives, and create a welfare system that against these changes have nothing on testify to the fact that the current wel- promotes work, that strengthens fami- their side but the dismal history of the fare system has failed Tennesseans. lies and that provides an opportunity past 30 years. Mr. President, I thank the Chair, and In Shelby County where Memphis is for all Americans to succeed. located, one out of every four families They asked us to do these things be- yield the floor. receives a monthly check from the cause they are compassionate, and we Mr. SPECTER addressed the Chair. The PRESIDING OFFICER. The Sen- Federal Government. With taxpayer- know they are holding us, and our pro- ator from Pennsylvania. subsidized teen pregnancy, and dead- posals, to a high standard of compas- beat dads refusing to accept responsi- sion. f bility for their children, most of those But compassion means that we cre- FAMILY PLANNING newly entrapped children will have lit- ate a genuine safety net for those who, Mr. SPECTER. Mr. President, I have tle chance of escaping a lifetime of because of circumstances beyond their sought recognition to call attention to poverty. control, are truly in need. Yet, we continue to measure the Mr. President, the original intent the numerous legislative efforts which depth of our compassion by the number and design of the welfare system was to are now pending which challenge the of people who are dependent upon a provide a temporary means of support constitutional right of a woman to Government Check. for those struggling between jobs, or choose. And I have decided to do so in Mr. President, it is time we started facing insurmountable difficulties. Yet, light of the action by the House Appro- measuring compassion by the number today’s welfare families remain on the priations Committee last week in of people who are independent, who rolls for an average of 13 years, count- eliminating funding for family plan- have hope, and who experience the dig- ing repeat spells. ning. It had always been my view that nity of work. Obviously, somewhere along the way, whatever political persuasion or posi- It is time we stopped subsidizing ille- we have lost sight of the purpose of tion of political spectrum, that the gitimacy and the kind of self-destruc- welfare. issue of family planning was one where tive behavior it spawns, and instead en- For the sake of the children, we must most Americans, if not virtually all courage responsibility. restructure the system. And the first Americans, could agree. It is time we faced up to the fact that step is to require that those who can, When we talk about welfare reform— the so-called war on poverty is in fact go to work and become self reliant. and there is no doubt about the neces- a war on people. Mr. President, in my practice as a sity for welfare reform in America—we Mr. President, as a physician, I know transplant surgeon in Tennessee, I wit- are dealing with many children who how crucial it is to match the treat- nessed the effects of our misguided wel- come into this world where the par- ment to the sickness. The wrong medi- fare system every day. ents, many married couples, are not cine can kill, even when prescribed One out of every three of my trans- equipped to handle them at that stage with good intentions. plant patients was below the poverty of their lives both financially and emo- By continuing to subsidize a system level. Some tried—and they tried tionally. And the welfare payments are that penalizes people for working, for hard—but could not get a job. Some did enormous when we talk about teenage being responsible for their families, we not want to work. But almost all felt pregnancy, which may be the greatest only ensure that the war on people will trapped by the current welfare system domestic social problem America faces continue. which pulls families apart. today, or certainly one of the biggest. The time has come to look to individ- Caring for these individuals, I heard Society spends an estimated $34 billion uals and to State and local govern- the same stories, again and again. on behalf of families in which the first

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10772 CONGRESSIONAL RECORD — SENATE July 27, 1995 birth occurred when the mother was a D. To deny Federal funding for United grams, especially for teenagers, that teenager. States representatives to attend the U.N. emphasize avoiding premarital sex and When we look at the problem of low- Fourth World Conference on Women. have supported tax breaks for adoption birthweight babies, which constitutes a E. Eliminate United States funding for because I think that is the proper human tragedy when children are born international family planning assistance provided by the United Nations Population course. But I do not think it is the the size of my hand, weighing as little Fund. business of the Government to regulate as 12 ounces, they are human tragedies F. Forbid the Legal Services Corporation abortions. I think that our colleague, because they carry scars for a lifetime. from handling abortion-related legislation. Senator Barry Goldwater, articulated Frequently those lifetimes are not very G. Gag medical providers at title X family it correctly when he said we ought to long, but are very expensive to society, planning clinics to prevent them from dis- keep the Government off our backs— costing in the range of $200,000 a child cussing abortions as a legal medical option less regulation—out of our pocket- and thousands more each year. It cost for women facing an unintended pregnancy. books—lower taxes—and out of our society multiple billions of dollars, H. Hand over to the States the decision as to whether low-income rape or incest vic- bedrooms—the constitutional right of whereas family planning saves addi- the woman to choose. tional costs in medical care. I think tims are eligible for Medicaid-funded abor- tions. The conservative point of view is this should be agreed upon by every- I. Impose restrictions on human embryo that the least government is the best one. research. government, and I would say that the A few weeks ago, we had a conten- J. Jeopardize the protections afforded by tious debate in this Chamber about Dr. constitutional protection of a woman the Freedom of Access to Clinic Entrance on her right to choose ought to be Henry Foster, and although some may (FACE) Act. maintained. disagree, my view was that Dr. Foster K. Kill nominations of pro-choice Govern- was rejected because he had performed ment officials, like Dr. Foster. Mr. President, I ask unanimous con- abortions, a medical procedure per- L. Limiting the sale and production of RU– sent that a card listing from A to Z mitted under the Constitution of the 486. these restrictions be included in the United States. M. Mandate that Federal employees insur- CONGRESSIONAL RECORD. We now find the legislation offered ance exclude abortion coverage, even where There being no objection, the list was the employees pay for it for themselves. ordered to be printed in the RECORD, as by the House moving along the track N. Notify parents if minors seek ‘‘sen- which would deny Federal funding for a sitive’’ health services such as contraception follows: woman in a Federal prison who is a vic- at title X family planning clinics. DISMANTLING A WOMAN’S RIGHT TO CHOOSE tim of rape. What is that woman to do O. Overrule the decision of a graduate med- ... FROM A TO Z if the Federal Government, which has ical education accrediting organization to Amend the Constitution to abolish a wom- her incarcerated and is in charge of her require most OB/GYN residents to be trained an’s right to choose. sustenance, prohibits funding for a in abortion procedures. Ban federal funding for abortions for child which is born to her while she is P. Promote the appointment of Federal women in federal prisons. in prison? judges opposed to choice. Cut off Title X family planning funds to or- What I decided to do, Mr. President, On that, Mr. President, I have long ganizations providing abortions with non- in order to dramatize this situation, opposed a litmus test and have sup- federal dollars. which I think is fairly characterized as ported Justice Scalia, Chief Justice Deny federal funding for United States rep- a wholesale assault on a woman’s right Rehnquist, and Justice O’Connor where resentatives to attend the United Nations their views differ from mine. Fourth World Conference on Women. to choose—it is not what I decided to Eliminate United States funding for inter- do, as the distinguished Presiding Offi- Q. Quash the ability of the District of Co- national family planning assistance provided cer knows, but what my staff decided lumbia to use its own revenue to fund abor- by the United Nations Population Fund. to do. They brought me the idea. tions for poor women—a right of every other Forbid the Legal Services Corporation The line which I have submitted here jurisdiction in the United States. from handling abortion-related litigation. R. Restrict fetal tissue research, an issue on the situation where there is the dis- Gag medical providers at Title X family which passed overwhelmingly in the Senate mantling of a woman’s right to choose planning clinics to prevent them from dis- when some 80 Senators joined together where cussing abortion as a legal medical option from A to Z is that there is a nation- it was shown at the hearings that the re- for a woman facing an unintended preg- wide campaign under way to dismantle search was very important for many very se- nancy. a woman’s right to choose. Antichoice rious illnesses. Hand over to the states the decision as to forces, frustrated by their failed at- S. Slashing the funding for domestic and whether low-income rape or incest victims tempts to achieve a constitutional international family planning programs. are eligible for Medicaid-funded abortions. T. Terminating funding for family plan- amendment to ban choice, are urging Impose restrictions on human embryo re- Congress to impose burdensome obsta- ning programs that either provide abortions with non-U.S. funds or advocate a position search. cles to reproductive health services for Jeopardize the protections afforded by the women. These changes are far-reaching on abortion. U. Undermining the ability of military Freedom of Access to Clinic Entrances Act. and will have a devastating impact on women stationed overseas to access abortion Kill nominations of pro-choice government women’s health. services by prohibiting military hospitals officials. To show the scope of this effort, my from performing the procedure, even if paid Limit the sale and production of staff and I have compiled the list of ac- for with private funds. mifepristone (RU–486). tions from A to Z by antichoice forces. V. Violating the right of a doctor and pa- Mandate that federal employees’ insurance This I suggest is a prescription for tient to determine whether a certain late- exclude abortion coverage. gridlock. term abortion procedure is appropriate and Notify parents if minors seek ‘‘sensitive’’ There is nothing in the Contract necessary. health services such as contraception at With America on abortion. The results W. Whitewash the true political agenda— Title X family planning clinics. of the 1994 election, I submit, were to eliminating access to abortion for all Amer- Overrule the decision of a graduate med- ical education accrediting organization to deal with the key Republican core val- ican women. X. X-out title X, the cornerstone of Fed- require most ob/gyn residents to be trained ues of reducing the size of Government, eral family planning programs. in abortion procedures. of limiting expenses, of reducing taxes, Y. Yielding to the antichoice agenda that Promote the appointment of federal judges and not to be engaged in divisive social rolls back the reproductive rights of Amer- opposed to choice. issues. ican women under the Constitution. Quash the ability of the District of Colum- In these charts, in a dramatic way, Z. Zeroing out the tax deduction for ex- bia to use its own revenue to fund abortions we have listed these issues from A to Z penses incurred for pregnancy termination. for poor women—a right of every other juris- starting with: Mr. President, I have sought to dram- diction in the United States. A. Amend the Constitution to abolish a atize the many measures which are un- Restrict fetal tissue research. woman’s right to choose. Slash funding for domestic and inter- derway at the present time. I person- national family planning programs. B. Banning Federal funding for abortions ally am very much opposed to abor- for women in Federal prisons. Terminate funding for international fam- C. Cutting off title X family planning funds tion, but I do not think it is a matter ily planning programs that either provide to organizations providing abortions with for the Federal Government to regu- abortions with non-U.S. funds or advocate a non-Federal dollars. late. I have supported abstinence pro- position on abortion.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10773 Undermine the ability of military women mendous skill, he managed to crash ORDER OF PROCEDURE stationed overseas to access abortion serv- land on a rough, boulder-strewn slope. ices by prohibiting military hospitals from Mr. DOLE. Mr. President, we are still He survived the crash, waving to his waiting. We have people negotiating on performing the procedure, even if paid for friends as they circled overhead. with private funds. the so-called gift ban. We hope to have Violate the right of a doctor and patient to They knew he was in trouble, how- some report by then. We would like to determine whether a certain late-term abor- ever, when he remained in the cockpit complete action on that today. I hope tion procedure is appropriate and necessary. when smoke began to billow from the we can complete action on that today. Whitewash the true political agenda— wreckage. Finally, a fellow member of Mr. KYL addressed the Chair. eliminating access to abortion for all Amer- the squadron could stand it no longer. The PRESIDING OFFICER. The Sen- ican women. As the others attacked and held off ad- ator from Arizona. X-out Title X, the cornerstone of Federal vancing enemy troops, Lt. Thomas family planning programs. f Hudner ignored the dangers of the Yield to the anti-choice agenda that rolls KOREAN WAR MEMORIAL back the hard-won reproductive rights of mountain terrain and enemy troops, American women. and made a deliberate wheels-up land- Mr. KYL. Mr. President, since I will Zero out the tax deduction for expenses in- ing. be taking the chair in 5 minutes, I will curred for pregnancy termination. He ran to Ensign Brown’s plane, now confine my remarks. Let me begin by Mr. SPECTER. I thank the Chair and erupting in flames, and found his friend complimenting the majority leader yield the floor. alive, badly injured, and trapped in the with his very fine remarks just deliv- I suggest the absence of a quorum. cockpit. ered with respect to the Korean War The PRESIDING OFFICER. The Lieutenant Hudner shoveled snow Memorial. He spoke eloquently, and I clerk will call the roll. with his hands to keep Jesse from the think his remarks really typify what The assistant legislative clerk called flames, burning his own hand badly in all of us remember and feel now about the roll. the process. that war and the people who rep- Mr. DOLE. Mr. President, I ask unan- Finally, a Marine helicopter arrived. resented our country in that conflict. I imous consent that further proceedings Lieutenant Hudner, joined by a crew- want to compliment the majority lead- under the quorum call be dispensed man from the helicopter, struggled des- er on what he has just said. with. perately to get Jesse out. f The PRESIDING OFFICER. Without Unfortunately, Ens. Jesse Brown died objection, it is so ordered. on that slope in Korea. GIFT BAN The period for morning business is As President Eisenhower said, Jesse Mr. KYL. Mr. President, I would like extended for leader time. Brown and all those who fought in to make a few remarks about the gift Mr. DOLE. Leader time was reserved, Korea proved ‘‘once again that only ban, which we will be going to shortly, right? courage and sacrifice can keep freedom because there will not be adequate The PRESIDING OFFICER. The Sen- alive upon the Earth.’’ time to describe our feelings with re- ator is correct. Unfortunately, as time passed by, the spect to this and, therefore, I thought I f courage of our soldiers and the would take a moment right now. rightness of our cause seemed to be for- It seems to me we need to act, we KOREAN WAR MEMORIAL gotten, as the Korean war was buried need to act fairly quickly in order to Mr. DOLE. Mr. President, in June in the back pages of our history books. improve the law that deals with the 1950 the Communist North Korean This week, however, with the dedica- kind of gifts that Members of the Sen- Army invaded the Republic of Korea in tion of the Korean War Memorial here ate can receive. an all-out effort to extinguish the light in Washington, DC—in fact, at about 3 There are three particular reasons of freedom. o’clock today—Americans join to- why we need to do this. In the first Although America was weary of war, gether to pay a long-overdue tribute to place, undue influence is a factor. we came to Korea’s defense and joined the men and women who sacrificed in While I cannot think of a situation in with many other nations to repel this this so-called forgotten war. which a Senator’s vote has been bought unprovoked assault. As inscribed at the site, the Korean by a lobbyist, the fact of the matter is From the start of the war until the War Memorial honors the ‘‘sons and that taking gifts creates undue influ- Korean armistice was signed in July daughters who answered the call to de- ence. It needs to stop. I think reforms 1953, almost 11⁄2 million Americans fend a country they never knew and a in this area will stop it. stood shoulder to shoulder in the fight people they never met.’’ Second, there is a perception in the for freedom. The haunting images of 2,400 soldiers public that the Senate takes a lot of Inchon, the Chosin Reservoir, Old and the rugged figures of a combat pa- gifts. While it is not necessarily true, Baldy, Pork Chop Hill—all were the lo- trol remind us of the Americans and of the fact any gifts are received helps to cations of famous battles, and all bore their allies from 21 other nations who contribute to that perception. We need witness to American courage and sac- responded when freedom was threat- to deal with that perception problem rifice in the face of unspeakable hard- ened. and not taking gifts, or at least any ship. The lessons of the Korean war are kind of significant gifts, will help deal And at the war’s end, over 54,000 clear: There are no quick and easy fixes with that. Americans had made the ultimate sac- to preserve freedom. And there is no And third, taking things because of rifice. More than 100,000 were wounded. substitute for American leadership. our position becomes a way of life for And over 8,000 were missing in action. Mr. President, it is with great pride some Members. In some cases, there is One of those who made the ultimate that we honor the sacrifice and the leg- absolutely nothing wrong with it. A sacrifice was Ens. Jesse Brown, Amer- acy of our Korean war veterans. Let us very elderly Indian woman who had ica’s first black naval aviator. And his proudly remember their sacrifice and been standing at a meeting for over 1 story bears repeating. build on the legacy they earned. hour out in very cold temperatures in In December 1950, Ensign Brown was f northern Arizona one day when I was a member of Fighting Squadron 32, finished, and when I began to walk aboard an aircraft carrier somewhere EXTENSION OF MORNING away, slipped a ring, a turquoise ring off Korea. He flew 20 close air-support BUSINESS into my hand and then quickly melted missions, providing cover for our out- Mr. DOLE. Mr. President, I ask unan- away into the crowd. I understood the numbered marines at the Chosin Res- imous consent that morning business significance of that, and I will never ervoir. The battle was fierce; our men be extended until 2:15 p.m., with Sen- forget that as an expression on her part on the ground were in a desperate situ- ators permitted to speak for not more of appreciation of what I was attempt- ation. than 5 minutes each, unless they get ing to do and nothing more than that. On December 4, 1950, Ensign Brown’s consent, of course. So some gifts can be very touching, aircraft was hit while making a straf- The PRESIDING OFFICER. Without and they are as important to the giver ing run against the enemy. With tre- objection, it is so ordered. as they are to the receiver.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10774 CONGRESSIONAL RECORD — SENATE July 27, 1995 By the same token, some gifts be- of getting some benefit that ordinarily from the judgment and compassion and come a way of life. I am going to step people do not get, such as a free golf wisdom of the line of leaders that on some of my colleagues’ toes when I game and a free trip to a resort com- stretches back 200 years, leaders who say this, but, frankly, there are things munity. were willing to serve in the public sec- permitted by the rules today that we That is the kind of thing which, tor and help create a democratic form simply ought not to permit. The legis- frankly, gives us a bad name, and it of Government that works—and works lation that is being crafted now, I hope, may or may not, in some cases, lead to better than any in the previous history will prevent this kind of activity from the argument that there has been of the world. occurring and, as a result, will deal undue influence created as a result of So I wanted, today, to stand and both with the problem of undue influ- the people who are actually paying for commend and pay tribute to Senator ence and the problem of public percep- the event. BYRD. I did not know much about him. tion. So, Mr. President, I think my time I did not know what to think about I speak of one example, and that is has expired. I simply want to begin this him, frankly, before I came to the Sen- attendance at charity events. Mr. debate by saying we will have some ate. I obviously knew about him, read President, you know charities love to tough choices, but we have to enact re- a lot about him, and watched him have us in attendance. They love to put forms. It is the only way that we will work. But I have had an opportunity our names on the invitation list, on the prevent undue influence, on the one now to study more closely his con- honorary committee. It lends credence hand, and, second, end some of the per- tributions to this Senate, and he, in and credibility. We all support char- ception problems that the Senate has, my judgment, has created a lasting leg- ities in that way. We will attend the and at the end of the day our Govern- acy of great significance to this body. dinner to lend our support and attend ment can exist and function only so He, of course, has many years yet to the charitable event. long as the people have confidence in serve. But let me join Republicans and Obviously, the group will many times it, and that means confidence in the Democrats today in saying congratula- ask us to come as a guest of theirs. We people who represent them. Thank you, tions to someone who has devoted so do that and we do it willingly and, ob- Mr. President. much time to performing his duty for viously, that does not buy anything in Mr. DORGAN addressed the Chair. our country. terms of votes. That would continue to The PRESIDING OFFICER. The Sen- be permitted. ator from North Dakota. f But the other kind of participation in Mr. DORGAN. Mr. President, I ask charitable events is not so benign. unanimous consent to speak for 10 min- LIFTING THE ARMS EMBARGO IN That is the charitable golf tournament utes in morning business. BOSNIA or other things as well, but I will use The PRESIDING OFFICER. Without the golf tournaments. objection, it is so ordered. The Senator Mr. DORGAN. Mr. President, I want, As I say, I will step on some people’s is recognized. for a brief moment, to comment about the vote yesterday on lifting the arms toes. The fact of the matter is, when f someone flies us a couple of thousand embargo on Bosnia. I did not speak at miles away to a resort community to CONGRATULATIONS TO SENATOR great length on the issue, but I was play golf because our presence there BYRD enormously troubled by it. We have somehow makes it a more attractive Mr. DORGAN. Mr. President, I want voted on this a number of times in the event for the people who are paying to add my congratulations to those of past, and I have always resisted lifting money to attend but we get the free my colleagues for Senator BYRD today. the arms embargo, not because I did evening and the meal and the drinks He was celebrated for casting his not want it to be lifted; I did, but I felt and all the rest of it and the free golf 14,000th vote in the U.S. Senate. I know it inappropriate for us to do so unilat- game and, frequently, a free putter, this is a time when it is popular sport erally. whatever, that goes beyond simply to denigrate both the body politic and Yesterday, finally, I decided to vote lending our name and presence to an politicians. But we ought to under- to lift the embargo. As I said, I was event that has a charitable purpose. stand that our country for nearly 200 enormously troubled by that vote. It I think it is wrong and, therefore, I years has been served by a wonderful was a difficult decision to make. But I support the kind of reform which would array of statesmen and women who felt it was a necessary decision to preclude us from accepting rec- have often provided decades of service make. We cannot, it seems to me, sit reational benefits in conjunction with to preserve and strengthen our democ- by week after week and month after our participation in these kinds of racy. month and watch what is happening in charitable events. When I hear these days of the slick Bosnia to innocent victims of that war. Again, Mr. President, I am just sin- ideas that some people put forward in This is a war in which one side is heav- gling out this one example to illustrate order to solve the political dilemmas in ily armed and the other side is pre- the difference between the kind of our country, whether it is term limits vented from getting sufficient arms to things that have historically been felt or some other quick fix, I am reminded defend themselves. And I believe that to be OK and we do not think anyone of the history of our country. I am re- we are doing something that represents would criticize us for doing, supporting minded of the history of service by the right course in that region of the a charity, and, on the other hand, those Clay, Calhoun, Webster, Goldwater, world. kinds of things which have crept into Humphrey, Taft, yes, BYRD, and DOLE, It is true, I think, that lifting the the Senate business over time to give and so many others, who come and arms embargo will mean more arms in us benefits that the general public does serve, often with great distinction, and the region and perhaps an acceleration not have. contribute a great deal to our country. of the war. That may be true. But it is Most people do not get invited to It is not purely an accident that our also true today that the Serbian army charitable events and given a free country has become a world power, a is marching in Bosnia, and it is moving putter and a free trip and free meals country that tackles problems most into safe havens where the Bosnian and, most important, the free golf other countries will not even admit Moslems have turned in their heavy game. The tee costs of this are signifi- exist, a country that is incredibly self- weapons. When somebody says, ‘‘Why cant. critical from time to time, but none- did the people not defend themselves?’’ So the rule I support says if you want theless a country that has progressed it is because they could not get weap- to participate in a charitable event, be in many areas beyond most countries ons with which to do so. our guest, but you have to get there on in the world. It is not an accident. It is clear that the United Nations your own and you have to pay your It results, I think, partly from the and UNPROFOR could not keep the own costs for participating; they can- genius, inventiveness, and risk-taking peace. It is hard to keep peace where not give that to you. If they want you ability of those in the private sector in peace does not exist. You presumably to attend the dinner with them, fine, a capitalistic system, who advance this can keep the peace if you have peace. but you cannot go there for the purpose country’s interests. But it also results But there is no peace in Bosnia.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10775 The question, it seems to me, posed life of those whose lives are at risk in a B–52 navigator at Fairchild Air Force to us yesterday, finally, was, if our al- Bosnia. Nobody in this country can, it Base in Washington. lies and the United States cannot and seems to me, look at the carnage that While General Lee left active duty in will not be able to provide protection exists and the horror visited upon 1969, he continued to serve his country for these Bosnian Moslems, should we these people and say, with good con- as a pilot in the Air Force Reserve. At not finally decide to give them the science, that it does not matter. It Hill Air Force Base in Utah he flew C– weapons with which to protect them- matters to the world. It must matter 124 transports while working as a stock selves? To say ‘‘yes’’ to that and do to us. We must find ways, all of us, in broker. General Lee began to move up something unilaterally, we may very the world to care when these things through the chain of command taking well anger our allies. That is not a wise occur and to find ways to try to on more responsibility and dem- course. Our allies are important to us. dampen the fires of war and to try to onstrating his strong leadership skills. After all, the United States does not snuff out the horrors visited upon inno- During his distinguished career he has have troops on the ground in Bosnia. cent people all around the world. We have chosen not to want to do that. served as chief of operations plans for I have voted from time to time to the 940th Air Refueling Group in 1977, I support that decision. I think we send American troops into various should not move American troops to in 1981 he was transferred to Head- parts of the world. I have voted to help quarters 4th Air Force at McClellan Bosnia. fund exercises to respond to various But other countries have. Young men Air Force Base, CA, as the director of troubles in the world. You cannot take tactical aircraft. and women from around the world, es- a look at a famine in parts of Africa, pecially young men from Great Brit- where 2 million people risk death, and In 1986 General Lee received his first ain, young men from the Ukraine, say it does not matter. You cannot command as commander of the 914th young men from France, young men hear somebody who comes back from Tactical Airlift Group in Niagara Falls. from the Netherlands have been on the Africa and says, ‘‘I watched 40-year-old He returned to McClellan Air Force ground in Bosnia risking their lives. women routinely climb trees to try to Base in 1988 becoming the deputy chief And it is difficult for us to say to our pick leaves off trees because it was the of staff for operations at Headquarters allies, because they have put their only thing to eat,’’ and say, ‘‘That just 4th Air Force. He took command of the troops in harm’s way, to say to them, does not matter. That is halfway 445th Military Airlift Wing (Associate), ‘‘Your opinion does not matter to us; around the world, and I do not care.’’ at Norton Air Force Base in California you are wrong.’’ That is a difficult We must, as a country, care about and assumed his current position as thing for us to do. these things. We must care about the commander of the 440th in Milwaukee Lifting the embargo may, it seems to starvation that exists in parts of Afri- in April of 1991. Recognizing his leader- me, provide the kind of impetus that ca. We must care about the killing and ship skills and ability to earn the re- could fracture very important relation- carnage that exists in Bosnia. That spect and best efforts of the men and ships that we have. Yet this is not just does not mean that we are the world’s women who serve under him, Mike Lee a geopolitical discussion. This is not policeman and must send troops every- was promoted to the rank of brigadier some political intrigue or dialog be- general on August 12, 1992. tween us and the rest of NATO. This is where, but it does mean that we have a about whether families in Bosnia has responsibility, with others around the General Lee is a highly decorated of- the right to defend themselves against world, to try to respond to the winds of ficer with more than 5,500 flying hours. aggressors who are heavily armed. hunger that kill 45,000 people a day in His tireless service has earned him the I told my colleagues once previously this world. Legion of Merit, Meritorious Service that some months ago I was watching And so we must respond to the rav- Medal with two oak leaf clusters, Air on television a story of a young Bos- ages of war that threaten so many Medal with four oak leaf clusters, and nian woman who had been critically in- men, women, and children in Bosnia. I an Air Force Commendation Medal. jured with some 21 shrapnel wounds must say the vote yesterday was a very These honors are well deserved as the and lay in the hospital in critical con- troubling vote for me because I have 440th, under General Lee’s leadership, dition for some long while. The attack previously voted not to lift the arms earned an unprecedented five awards, that gave her these critical wounds embargo. But there comes a time when including Best Air Mobility Wing in killed both her parents, spared her there is no choice. We must, it seems 1993 at the Air Mobility Command’s brother, but critically wounded her. to me, in good conscience, give the Worldwide Airlift Rodeo, and received The story I saw about this young Bosnian Moslems the opportunity and his second Air Force Outstanding Unit woman moved me so much that I means with which to defend themselves Award in its history. sought to find a way to bring this against the terror of this war. Perhaps his greatest achievement Mr. President, I yield the floor. young woman to America. I am pleased while he served at the 440th was saving to say she is now in our country. She f the Air Reserve Station at General was granted humanitarian relief. She BRIG. GEN. MICHAEL R. LEE Mitchell International Airport, from has been allowed to join her brother in Mr. KOHL. Mr. President, I rise being closed. Joining forces with the this country. local community and political leaders, The day that I met her airplane at today to honor the remarkable record of public service of Brig. Gen. Michael the men and women of the 440th suc- Dulles Airport, I will never forget what ceeded in convincing the Base Closure she said about our country. This young R. Lee, the commander of the 440th Airlift Wing based on General Mitchell and Realignment Committee that their woman, living by herself in a single base was too valuable to be closed. I room, reading by candlelight at night, International Airport Air Reserve Sta- tion, Milwaukee, WI. General Lee is had the pleasure of working with him having lost both of her parents killed in this effort and was impressed with in a mortar attack, and her brother also responsible for the wing’s subordi- nate groups, the 910th Airlift Group in his hard work, professionalism and his having been able to flee, had not her- ability to build such a broad coalition self been given the opportunity to Youngstown, OH, and the 928th Airlift Group in Chicago. of support from across the State on leave as well and come to our country. short notice. With tears in her eyes, she described He began his military career in the the horror that was visited upon so Reserve Officer Training Program at Unfortunately for the 440th he will be many families in her country. She Oregon State University. There in 1963 leaving us to become the commander of talked of the hope with which she he earned an undergraduate degree in the Air Force Reserve 22d Air Force at viewed our country, the feelings that business administration. After receiv- Dobbins Air Force Base in Georgia. she had about being able to live where ing his commission he went to James There he will lead more than 20,000 Re- there was not daily shelling and was T. Connally Air Force Base in Texas servists in 14 States, control over 70 not the risk of death and mayhem all where he completed his navigator aircraft, 9 reserve wings, and 19 flying around her. training and went on to B–52 crew squadrons. He will be sorely missed in It is probably difficult for any of us training at Castle Air Force Base in Wisconsin but he leaves behind one of in our country to understand the daily California. He then served until 1969 as the most capable and combat ready

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10776 CONGRESSIONAL RECORD — SENATE July 27, 1995 forces in the Air Force Reserve. Gen- Medicare was not born overnight. It require to get health care in this coun- eral Lee is moving on to new chal- had a long gestation period, ever since try when people have worked over the lenges and opportunities and I wish President Roosevelt shared his vision course of their lives. him, along with his new wife, all the in the 1930’s of a nation which guaran- And then, of course, on average, sen- luck in the world, and success in all his teed both financial security to its citi- iors already spend 21 percent of their future endeavors. zens and also health care security. incomes on health care expenses. That f As we all know, changing anything to is three times more than the rest of us. do with health care does not happen They spend money on benefits that are WAS CONGRESS IRRESPONSIBLE? overnight. It certainly did not happen not covered by Medicare, the largest of CONSIDER THE ARITHMETIC over the last 2 years of nights or days. which, of course, is prescription drugs. Mr. HELMS. Mr. President, before And it is hard to do. From the 1930’s to And that does not include eyeglasses discussing today’s bad news about the 1965, which is a long period in this Na- and hearing aids and Medigap policies Federal debt, how about ‘‘another go,’’ tion’s history, when President Johnson to cover Medicare’s cost-share require- as the British put it, with our pop quiz. in fact signed the Medicare bill into ments, which can be very hefty. Remember? One question, one answer. law, special interests, parts of the med- Mr. President, I would love to have, The question: How many millions of ical community—sadly, large parts of quite frankly, as a member of the Sen- dollars does it take to make a trillion the medical community—and plenty of ate Finance Committee and someone dollars? While you are thinking about politicians did everything they could who ranks on the Medicare Sub- it, bear in mind that it was the U.S. to keep the dream of Medicare from be- committee, I would love to have more Congress that ran up the Federal debt coming a reality. details on exactly what the Republican that now exceeds $4.9 trillion. Today, however, we have to do more budget will mean for these poor West To be exact, as of the close of busi- than celebrate Medicare’s birthday. Virginians. I do not think that is un- ness yesterday, Wednesday, July 26, The question is whether Medicare will reasonable. We are talking about a lot the total Federal debt—down to the be there for seniors and their families of money—$270 billion. I can tell my penny—stood at $4,941,608,987,271.97, of for the next 30 years. people that a budget has passed that which, on a per capita basis, every Now, I do not mean to say that Medi- will cut $270 billion from Medicare, but man, woman, and child in America care is going to cease to exist. Obvi- what does that tell them? That simply owes $18,758.43. ously, it is going to be there in some gets them, naturally, scared. But Mr. President, back to our pop quiz, form. But when I look at a budget reso- where? In what form? how many million in a trillion: There lution that takes $270 billion over 7 I can tell them that the Republican are a million million in a trillion. years from Medicare and just happens budget will cut another $182 billion by coincidence to give away $245 billion from Medicaid, which hard-working f in tax cuts over that same period, un- families rely on as the last resort to RECESS specified tax cuts, the alarm bells tend get into a nursing home. People think to go off. Medicare was not enacted to of Medicaid often as just representing Mr. HELMS. Mr. President, I believe be a piggy bank for tax cuts. Medicare poor people. You know, not everybody there is no Senator seeking recogni- is in fact a sacred part of America’s vi- gets to be born a Rockefeller so there tion. On behalf of the majority leader, sion and America’s promise. I think of are a lot of poor people. A lot of them I ask unanimous consent the Senate Geno Maynard, Sue Lemaster, and cannot help it. Some of them could, stand in recess until the hour of 3 p.m. John and Betty Shumate. but most of them cannot. And when today. My colleagues obviously do not know they have to go into a nursing home There being no objection, at 2:09 who these fine West Virginians are but and they do not have any family p.m., the Senate recessed until 3 p.m.; every Senator represents thousands of around, guess who pays 7 percent of the whereupon, the Senate reassembled people like them. Geno Maynard is 78 cost of that in West Virginia? Med- when called to order by the Presiding years old and lives in Kenova, WV. Sue icaid. Officer (Mr. GORTON). Lemaster is 83 years old and lives in So these cuts are potentially dev- The PRESIDING OFFICER. The Pre- Follansbee. She is on oxygen all the astating. And as seniors think about siding Officer in his capacity as a Sen- time. John and Betty Shumate live in them in the raw number, the aggregate ator from the State of Washington Beckley. That is in the coal fields of number, their imaginations run wild. notes the absence of a quorum. West Virginia. They are four of about They sort of think of the worst-case The clerk will call the roll. one-third of West Virginians who de- scenario. I do not know whether there The assistant legislative clerk pro- pend on Medicare for their health. is a worst-case scenario or not, but I ceeded to call the roll. They all recently told me when I vis- ought to know. I ought to know as a Mr. ROCKEFELLER. Mr. President, I ited them in their homes that they are U.S. Senator on the Finance Com- ask unanimous consent that the order very worried. I did not tell them to be mittee. I ought to know that. I care for the quorum call be rescinded. worried. They are worried. They are about health care. The PRESIDING OFFICER (Mr. scared. The annual income of the aver- I can tell them that the experts agree THOMPSON). Without objection, it is so age Medicare recipient in West Vir- that a total of $450 billion in health ordered. ginia is less than $11,000—$10,700, to be care cuts will have to mean less bene- Mr. ROCKEFELLER. Mr. President, I precise. That is not much money. That fits at a higher cost and lower pay- ask that I be allowed to speak as in is their income from everything they ments to providers and, incidentally, morning business. get—Social Security, black lung, what- cost-shifting right onto business. The PRESIDING OFFICER. Without ever it might be, any investments left And I can show them that the same objection, it is so ordered. over, and probably not much of that— budget just happens to put $245 billion f $10,700. So they are very worried be- into tax cuts. And if you did not have, cause cutting Medicare by $270 billion let us say, all those tax cuts to whom- THE 30TH BIRTHDAY OF MEDICARE sounds suspiciously to them like they ever they are going to go, that would Mr. ROCKEFELLER. Mr. President, I are going to have to pay more for less, leave really a very small cut for Medi- wish I could rise only to spend these and I think they may be right. care or maybe a cut for Medicare and a few moments celebrating a very impor- This is a very big worry for these cut for Medicaid, but it would be much, tant birthday of Medicare. It is the four West Virginians as they quite flat- much smaller. And, incidentally, the way 37 million Americans get their ly told me because they do not have Republican budget has increased fund- basic health protection. Medicare is any more money to spend on health ing for defense. turning 30 years old this Sunday. For care. But until we get more details on three decades, Americans have been Yes, they could sell their house. West where and how these savings are going able to rely on health care benefits in Virginia has high ownership of houses. to be run out of Medicare, this Senator their later years thanks to something They could sell their house. I think is sort of helpless as to how to give the called Medicare. that is sort of an unreasonable thing to people I represent any help, any sense

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10777 of a roadmap for their own personal fu- except in this case everything because at least a few weeks to discuss the big- tures. they are using Medicare to do that. gest cuts in Medicare’s history with There is no shortage of packaging The budget resolution puts the Medi- something called our constituents, around the Republican budget. It is the care Program into a financial strait- about whom we presume to care. content I am trying to get hold of. My jacket that does not take into account We need to know what seniors and colleagues on the other side of the aisle the health care needs of seniors or the their families, who count on Medicare argue that they are only trying to disabled. It ignores the heavy reliance to pay their medical care bills, think strengthen Medicare, saving the pro- of rural hospitals on the Medicare Pro- about these changes and how they will gram, as they put it. Give me a break. gram. be affected. We have to know that. We First of all, I watched the very same Mr. President, there is not a hospital have an obligation to know that. It Senators vote against previous budget in the State of West Virginia that I can would be a travesty for this contract to packages that included careful steps to think of that does not depend on Medi- enact major massive changes to the keep Medicare strong and keep Medi- care and Medicaid for between 65 to 75 Medicare program and not to be able to care affordable. They voted no. Now percent of its revenue stream. I cannot share any details with seniors, with they are saying, ‘‘Cut.’’ think of a single hospital at this mo- their families, before the Senate is Second, taking $270 billion from ment in West Virginia where some- asked to vote on it. Medicare while handing out $245 billion thing other than Medicare and Med- Then, if all this comes to a reconcili- in tax cuts does not exactly sound like icaid is contributing more than 30 per- ation bill, it is my understanding, and a way to shore up the Medicare trust cent or 35 percent or 20 percent or 25 the Parliamentarian can correct me if fund. I can try on that, but I cannot percent to the revenues of the hospital. I am wrong, that we will have a total get very far. So you mess around with Medicare and of 20 hours of debate on the floor of the So we have until the year 2002 before Medicaid, you are messing around with Senate—20 hours, no more—to discuss the Medicare trust fund is insolvent. the solvency of hospitals, and particu- thousands of things in the reconcili- We know that. We say that. And we larly rural hospitals. ation bill. I think that is what some ought to be doing something about So what will happen, of course, is people on the other side of the aisle that. We should spend our time here that small, rural hospitals will have to want. working out responsible steps that put shut their doors. My hospital adminis- Mr. President, the solvency of the every last dime of Medicare savings trators do not speculate on that. They Medicare trust funds is too important into that trust fund. You know, the ef- know that. And they can tell you to be left to politics as usual. fect of the $270 billion cut on Medi- which ones they will be. And it just so The Republican suggestion that the care—people might say, ‘‘Well, that is happens that one-half of all of the sen- Democrats are uninterested in doing going to save Medicare.’’ Well, there is iors in West Virginia live in rural areas what is necessary to put Medicare on an argument, Mr. President, as to where these hospitals are. sound financial footing does not ring whether it extends the life of the Medi- Now, Mr. President, I assume that in true to me. Going back to the days of care trust fund by 3 years, 4 years or 5 September the Finance Committee will President Roosevelt, it was Repub- years, but not 6, 7, or 8. The optimists get around to submitting its reconcili- licans in Congress who voted against hope for 5, the pessimists for 3, but no ation plan to the Budget Committee. its creation, and it is now Republicans more. And that is not exactly saving That means in less than 60 days—in in this country who pose a real threat Medicare. less than 60 days—the Finance Com- to Medicare’s future. They will keep on So, the Republican budget is designed mittee will probably have to vote on a saying they are saving Medicare, but to raid, not save, the Medicare Pro- plan to take $450 billion from two raiding Medicare is what they are gram. I believe that. I firmly, fully be- health care programs that care for the doing, and that is no way to rescue lieve that. Medicare’s money is going elderly, the poor, poor children, many Medicare. to be used to finance tax cuts for the pregnant women, and the disabled, a There is nothing partisan about the wealthy. It is that simple. I am not plan we have not seen yet. Just read West Virginians who turn to Medicare amused by that. We have been through the newspapers. This is, in my judg- when they retire. I have no idea of the that before. That is what the 1980’s ment, a deliberate strategy to push politics of the four people that I men- were all about. Our country did not each and every budget-related bill up tioned. I have no idea if they are Re- prosper. In fact, this is not a very against deadlines to threaten the shut- publicans or Democrats or Independ- amusing subject in any way, shape or down of the Federal Government, to ents or unregistered. It makes no dif- form. It has nothing to do with assur- put pressure on the President and the ference. I represent them for whatever ing long-term solvency of the trust hope that the fireworks will drown out and whoever they are. In this case, fund. It has nothing to do with making what it really means to something they are older, they are scared and sure the Medicare Program continues called ‘‘real people’’ in West Virginia they are human beings. My job is to to provide high-quality health care for and other parts of this great country. represent them in the Senate, the only our country’s senior citizens and the And those real people include 37 mil- place I can, and that means preserving disabled. It has everything to do with a lion folks on Medicare. the meaning and promise of Medicare. Republican contract on America. That I just read—not that I am on the I think, generally speaking, although is what it is called, Republican Con- mailing list—an interesting memo sometimes some of my colleagues from tract With America, and Republican from a Republican pollster that tells the other side will tease me, I do not promises to balance the budget in 7 his audience that seniors are ‘‘PAC ori- consider myself a particularly partisan years and hand out tax cuts to the rich. ented’’ and ‘‘susceptible to following Senator. But on this matter, the $450 Do you think that is political? Maybe one very dominant person’s lead.’’ billion of cuts in Medicare and Med- it is. But it also happens to be the I guess this is the kind of advice that icaid, with $245 billion of tax cuts truth. leads to all kinds of delays in the budg- available for who knows who, I am par- Mr. President, I have introduced a et process and the packaging around tisan and I am mad, and I am mad on bill to set up a Medicare commission to Medicare that we are most definitely behalf of my people from West Vir- make recommendations on how to seeing. ginia, which is not the richest State in guarantee, in fact, the long-term sol- So I have joined with all the Demo- the country. Nobody in West Virginia vency of the Medicare trust fund. Deci- crats on the Senate Finance Com- gets anything without working hard. sions on the future of the Medicare mittee and all the Democrats on the Everybody has to fight, and the least Program should be made outside of Senate Budget Committee in a letter they deserve is some truth and some partisan debate on how to balance the to the majority leader asking for a leveling from their Congress. budget. copy of the Republican secret plan to So I close by saying I hope in this What does a 7-year, arbitrarily cut Medicare by $270 billion, and to week that Medicare turns 30 that we picked 7-year balance-the-budget exer- have this before the August recess. Is will be reminded what Medicare’s fu- cise have to do with the future of the that an extraordinary or somehow ter- ture means to something called the Medicare Program? Virtually nothing ribly unfair request? That will give us dignity, something called the peace of

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10778 CONGRESSIONAL RECORD — SENATE July 27, 1995 mind and something called the quality commend the Senator from California there is no clear and consistent prece- of life for many millions of older Amer- for deciding not to move forward. I dent in this matter. icans. think it is the right decision for both Nonetheless, there are other prece- I thank the President and yield the the Senate and the Ethics Committee dents that bear directly on the issue of floor. at this critical point in our inquiry. compelling the Ethics Committee to Mr. MCCONNELL addressed the Earlier today, Senator BYRD gave us take an action during an ongoing in- Chair. all a moving speech on the occasion of vestigation through the mechanism of The PRESIDING OFFICER (Mr. his 14,000th vote in the Senate. He a floor resolution. GREGG). The Senator from Kentucky. spoke about the need for more civility Senator BYRD, just this morning, f in the Senate and less high-profile con- mentioned the importance of ‘‘knowing flict. I think this latest development the precedents.’’ Of course, he was EXTENSION OF MORNING indicates that we were all listening. speaking about parliamentary prece- BUSINESS As I said last Friday, the committee dents, and no one in this body knows Mr. MCCONNELL. Mr. President, I could not in good conscience give in to precedents like Senator BYRD. But ask unanimous consent that morning an ultimatum handed to it, whether by there are other kinds of precedents business be extended until the conclu- a Senator or, frankly, for that matter, that speak clearly to the issue of sion of my remarks. by anybody else. But now that plans whether the Ethics Committee should I say to my friend from Michigan, for imminent floor action appear to properly be forced by a Senate resolu- who I know is concerned about the have been suspended, I believe the Eth- tion to do whatever the majority vot- length of my statement, that it might ics Committee will be able to proceed ing for that resolution desires. These run slightly past 4 o’clock, and I esti- with its work, independent of outside precedents are the ones that ought to mate not much. demands, deadlines, and divisiveness. guide our response to this question, not Mr. LEVIN. Reserving the right to There has been a lot of discussion on merely because they are precedents, object, and I will not object. Par- this floor and elsewhere in the past few but because they speak to the integrity liamentary inquiry, Mr. President, weeks about precedent. For example, of the ethics process in the Senate and, what will be pending at the conclusion we have heard that it would be unprec- for that matter, the viability of the of the remarks of the Senator from edented for the Ethics Committee not Ethics Committee itself. Kentucky? to hold a full-scale public hearing in The first precedent, in fact, is the es- The PRESIDING OFFICER. The gift the wake of a major investigation. This tablishment of the Senate Ethics Com- reform bill. assertion is simply erroneous. In fact, mittee itself to regulate official behav- Mr. LEVIN. S. 1061. the committee elected not to have a ior and prosecute official misconduct. I The PRESIDING OFFICER. S. 1061. full-scale public hearing in the Duren- am personally proud to say that it was Mr. LEVIN. I thank the Chair. berger case. What occurred was a the distinguished Senator from Ken- f staged presentation by the committee tucky, John Sherman Cooper, who pro- posed the resolution that created the ETHICS COMMITTEE HEARINGS and the accused Senator only. There were no witnesses, no cross-examina- committee in 1964. A year earlier, right Mr. MCCONNELL. Mr. President, on tion, and no new testimony. In essence, before 1964, in 1963, the Senate had been July 14, the Senate Ethics Committee it was a prescripted, prepackaged confronted with allegations of mis- received a letter from the junior Sen- event. conduct involving Bobby Baker, a close ator from California which threatened In the well-known Keating case, the advisor to then Vice President Lyndon that if the committee did not take a Ethics Committee did hold extensive Johnson, and at that time secretary to specific procedural action in an ongo- public hearings but as part of its pre- the Senate majority. Back in those ing case, the Senator from California liminary fact-gathering process, not as days, the Committee on Rules and Ad- would pursue a resolution on the floor a final airing of collected evidence. ministration was responsible for exam- compelling the committee to take that This is a critical distinction. ining charges of wrongdoing here in the action. In fact, the letter went so far as In the Cranston case, in particular, Senate. And while the matter was to stipulate a deadline for the commit- Mr. President, the committee decided taken seriously, the final resolution of tee’s action, saying, ‘‘I plan to seek a that the public proceeding should be the Baker case left the public, as well vote on the resolution requiring public held for the purpose of obtaining testi- as many Members of the Senate, deeply hearings unless the select committee mony and evidence, and it decided not dissatisfied. This created an opening takes such action by the end of next to hold a public hearing once the inves- for the Senate to reconsider how it week.’’ tigation had been completed. In other would handle cases of official mis- That deadline expired last Friday, words, the public phase of the Cranston conduct in the future. And that led to July 21. That Friday afternoon, I came case was limited to the preliminary in- the establishment of the Ethics Com- to the floor and informed the Senate quiry stage, and deliberations over the mittee. the committee would not meet that evidence and penalties were conducted In our view, for the creation of such day, nor would it schedule a future entirely in private. a committee, Senator Cooper per- meeting that day. I said we would not One can argue whether the com- suaded his colleagues of the need to respond to any attempts to threaten mittee should have proceeded dif- take misconduct cases out of the reg- the committee. I assured the Senate ferently in those cases, but that is ex- ular committee structure, where the that everyone on the committee would actly what it chose to do. I do not re- party in power obviously has a built-in like to complete work on the case now call anyone complaining about the fact advantage. Instead, he argued a select before it, but perhaps we needed a cool- that the committee did not hold full- committee with equal representation ing-off period, and I assured the Senate scale public hearings in the investiga- from each party would inspire the con- that as long as the threat of the Sen- tive phase of those cases. fidence of both the Senate and the pub- ator from California remained, the One thing, however, is clear: The as- lic. Senator Cooper said right here on cooling-off period would continue as sertion that it would be ‘‘unprece- this floor: well. dented’’ for the Ethics Committee not First . . . it is to give assurance that the It is now the afternoon of Thursday, to hold full-fledged public hearings in investigation would be complete and, so far July 27. Four long legislative days have the wake of a major investigation is as possible, would be accepted by the Senate and by the public as being complete. come and gone since the artificial simply contrary to the facts. Second— deadline expired. It has become evident Naturally, you can give whatever Senator Cooper said this— that the Senator from California has weight you like to precedent. You can elected not to proceed with her resolu- ignore it, you can consider it, or you and this is important to all Members and employees of the Senate—it is to provide tion, at least at this particular time. can be bound by it. A few Senators that an investigation which could touch Although we were fully prepared to have argued that precedent ought to be their rights and their offices, as well as their provide floor time and debate the mat- controlling on the question of public honor, would be conducted by a select com- ter and have a vote, I strongly want to hearings. But, as I have explained, mittee which—by reason of its experience

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10779 and judgment—would give assurance that Simply put, such a resolution offered the Senate, and kicked around by any their rights and honor would be justly con- at this critical juncture would shatter Member who wants to serve their own sidered. the presumption of the committee’s political or personal agenda. Senator Cooper went on to say: independence and authority. It would Since we are concerned about prece- It would be better for such investigations reverse a 31-year precedent that the dents, let me mention another prece- to be conducted by a select committee . . . a Ethics Committee, and not the Senate dent that bears upon the proposed reso- select committee of the type my substitute amendment contemplates would have the as a whole, shall conduct investiga- lution. prestige and experience to properly exercise tions of official misconduct as it sees In November 1993, the Senate dealt its great authority. . . fit. with the very difficult issue of enforc- The committee— Such a resolution would tarnish the ing a subpoena that the Ethics Com- Referring to the proposed select com- vision of Senator Cooper and others of mittee had issued to obtain the per- mittee—Senator Cooper said: an ethics process that could be pro- sonal diaries of Senator PACKWOOD. would, of course, have the authority, if it tected from partisan advantage and the In accordance with the rules, the found it to be necessary after conducting an highly charged atmosphere of the Sen- committee came to the full Senate investigation, to report to the Senate and ate floor and the press gallery. A reso- seeking enforcement of its subpoena on recommend such disciplinary action as it lution directing the Ethics Committee found to be necessary. the grounds that we believed Senator to take a particular action or changing PACKWOOD’s diaries contained informa- Now, I have quoted from Senator its rules or procedure in the middle of tion relevant to our ongoing prelimi- Cooper’s floor statement because it un- a case would insert the Senate into a nary inquiry. derscores some important points about case pending before the Ethics Com- the precedent of establishing a special Now, this unusual step was required mittee while it is still in the investiga- by the fact that one Senator had chal- committee to handle cases of official tive phase. misconduct. First, there can be no lenged the investigative authority of Now, as I have previously suggested, the Ethics Committee—had challenged question that the Ethics Committee this approach points us down a steep was specifically intended to function as that authority. and dangerous road and disconnects In that instance, the Senator hap- an independent body, free from inter- the brakes. Let me just give you one ference by the outside politically pened to be the accused. example of what we would have to look In essence, the accused Senator charged partisan forces. In fact, that forward to if such action were taken on was considered a major and positive in- wanted to dictate the terms of the the floor. Just before each election committee’s investigation to us, the novation at that time. day, like clock work—like clock By design, strict partisan neutrality members of the committee. He wanted work—the Senate Ethics Committee is preserved by two key features of the to tell the committee which procedures receives a rash of complaints filed Ethics Committee. First, and obvi- it ought to follow with regard to its in- against Senators who are up for reelec- ously, it has an equal number of mem- vestigation, and he wanted to unilater- tion. Most of these complaints are filed bers from each party. Second, a major- ally decide what was relevant and irrel- by their opponents, who then hold ity vote of the committee members is evant to our inquiry. press conferences and demand that the required to take any affirmative step Basically, the Ethics Committee was in all cases and complaints. committee take action immediately. not interested in going along with The second point that is underscored The committee’s current practice is to that. So we went to the floor and—for- by Senator Cooper’s remarks is that simply set those complaints aside until tunately—our position was overwhelm- the committee was to be completely after the election, at which time they ingly sustained by a vote of 94 to 6. receive a full and fair investigation. entrusted with the authority to inves- In the course of that 3-day debate, Now, the reason for this policy is ob- tigate cases as it saw fit—the com- another Senator, entirely within his vious. While we treat every complaint mittee—in accordance with its unique rights, offered an amendment to our seriously, we are not about to do any- experience and jurisdiction. resolution. thing that would allow the Ethics Com- Third, it is clear that the commit- That amendment stipulated that the tee’s authority was intended to be ex- mittee to become somebody’s political pawn. Ethics Committee’s factfinding respon- clusive and absolute throughout the in- sibility be subcontracted out, if you vestigative stage. I repeat, it is clear Now, what would happen if the Sen- ate had approved a resolution like the will, to a neutral third party. There that the committee’s authority was in- was an extensive debate over that tended to be exclusive and absolute one proposed earlier by the Senator from California? amendment, most of it centered on throughout the investigative stage. what the proposal did to the commit- The only check on the committee’s If there were a close reelection bat- tee’s authority. power was the requirement that it re- tle, not only would we have the Sen- The Senate decisively rejected the port to the Senate and submit any rec- ator’s opponent calling for immediate amendment by a vote of 77 to 23, on the ommendation for disciplinary action to action by the Ethics Committee, we grounds that the Ethics Committee, the entire body, which could then ap- would have a resolution out here on prove, disapprove, or amend the Ethics the floor requiring the committee to and no one else, should dictate the pro- Committee’s recommendation. Al- open preliminary inquiries on all com- cedures and protocols the committee though the full Senate clearly had an plaints received just before the elec- may follow in conducting its investiga- important role to play, its work began tion—just to clear up the record, of tions. only—I repeat only—after the commit- course; just to clear up the record. Although both of those votes in- tee’s work had ended. After all, it would be said that the volved going against Members of my Senator Cooper, and all those who public has a right to know. own party, there was no question in my voted for the creation of the Ethics We cannot sweep preelection com- mind that I had to uphold the commit- Committee, wanted to establish an eth- plaints under the Ethics Committee’s tee’s prerogative. ics process that was not driven by the rug. As we have been told ad nauseam, It was the right thing to do then, and politics of partisan advantage. And fur- the Senate is not a private club. it is the right thing to do now. ther, they wanted the ethics process to Now, whether such a resolution actu- While it takes a different tack, the have only limited exposure to the pres- ally passed or not would hardly matter. resolution discussed earlier by the dis- sures and the publicity of this Senate It would hardly matter. The accused tinguished Senator from California is floor. And so they restricted the full Senator would be sufficiently tainted fundamentally indistinguishable from Senate’s role in misconduct cases to by the debate over the resolution itself. these previous attempts to subvert the the disciplinary phase alone. That And that is only the beginning. committee’s authority and manipulate precedent—the creation of an inde- The precedent which such a resolu- its procedures, except in one important pendent Senate Ethics Committee— tion would establish is that the Ethics respect. speaks directly to the matter of the Committee can be treated like a polit- The amendment that was offered dur- floor resolution that was to be offered ical football, propelled in any direction ing consideration of the diary’s sub- by the Senator from California. that happens to suit a majority here in poena was at least part of a proceeding

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10780 CONGRESSIONAL RECORD — SENATE July 27, 1995 in which the Senate rules required the It should not attempt to manipulate The dispute over the diary subpoena Ethics Committee to come to the floor an ongoing investigation of the com- alone consumed nearly a year of the for ratification of its actions. mittee. committee’s time. In that case, the committee had to And it should respect the 31-year-old Not only did we have to seek ap- obtain the full Senate’s approval before dividing line—established by Senate proval from the Senate, but we also proceeding further. Resolution 338, offered by Senator John had to obtain a court order to enforce To pursue a floor resolution now Sherman Cooper, and adopted in 1964— our subpoena, which Senator PACK- would interrupt the committee’s ongo- a dividing line, Mr. President, between WOOD—acting within his legal rights— ing work, meddle with its operations, the exclusive authority of the Ethics appealed all the way to the Supreme and dictate the terms of its investiga- Committee to conduct investigations, Court. as it sees fit, and the separate power of tion, wholly outside of what the rules More than 700 additional hours were the full Senate to take disciplinary ac- allow for the Senate’s role in ethics spent by the Senate Legal Counsel and tion, as it sees fit. That was the prece- matters. Ethics Committee staff preparing and dent of November 2, 1993. For that reason, the Senate needs to filing legal documents in connection do the right thing again. Let me say clearly, in case there is any doubt: the Committee has not yet with the committee’s extensive diary Approval of such a resolution at this completed the Packwood matter. litigation. point in the process would effectively If my colleagues on the committee After we won in court and obtained negate the Ethics Committee’s unilat- and I agree on anything, it is that the the diaries, the committee’s special eral authority to investigate mis- case has taken much longer than any master spend another 1,000 hours, prob- conduct. If we change the committee’s of us had hoped, planned, or desired. ably more, reviewing the diary mate- rules in the middle of the game, it will However, we simply had no choice, rials and checking entries that had send an unequivocal and destructive given the fact that all of us were com- been masked. message: If any Member of the Senate mitted to the most thorough and fair In conclusion, Mr. President, this has does not like what the committee is investigation possible. been the mother of all ethics investiga- doing today, they can just offer a reso- I think it is fair to say that no case tions. lution to rewrite its rules—on the spot. has ever been so thoroughly inves- It is also the first full-fledged inves- It is no exaggeration to say that such tigated in the preliminary inquiry tigation of sexual misconduct ever con- a measure, proposed at this stage of phase than this one. ducted in the Senate. Although allega- our inquiry, would destroy the inde- For those of you who have forgot- tions of sexual misconduct were leveled pendence of the Ethics Committee, and ten—and I do not blame you if you against two other Senators in the past, that is the beginning of the end of the have—the committee opened this case the committee dismissed both of those committee altogether. on December 1, 1992, after several cases rather than proceed to an in- Senator BYRD, whom I mentioned women complained of sexual mis- depth inquiry. earlier in my remarks, is admired for conduct by Senator PACKWOOD. being a distinguished historian of this We decided early on to conduct the Thus, the investigation into this case body. most comprehensive inquiry we could. is a precedent in itself, at least for the He spoke eloquently on this very The staff was instructed to follow Senate. point during the floor debate in No- every lead and, as a result, the case The House, on the other hand, has vember 1993 over the Ethics Commit- took several unpredictable turns. dealt with a number of ethics matters tee’s subpoena of the personal diaries Our inquiry was broadened to include involving sexual misconduct. a number of other allegations that sur- of Senator PACKWOOD. I think it is worth reviewing some of faced in the course of our fact-gath- Senator BYRD said: these cases briefly, to see how far we ering. At each stage, we determined to have come in handling such sensitive [L]et us not bring further dishonor to the press forward and fully investigate Senate by refusing to back our own Ethics and sensational charges. every new indication of wrongdoing Committee. . . . In 1983, for example, Representatives that we uncovered. If we turn our backs on our colleagues, GERRY STUDDS and Daniel Crane were When the committee issued its bill of three Republicans and three Democrats, who found to have engaged in sexual activ- have so carefully investigated this difficult particulars on May 17, we asked the staff to give us a report on all the work ity with House pages. Both were cen- matter, and now ask for our support, we may sured; both retained all their rights as well disband the committee. the committee had done on this one in- vestigation thus far. and privileges; no hearings were held. Many others, from both sides of the In 1989, Congressman Jim Bates was aisle, joined Senator BYRD in arguing Even we were surprised by the mas- sive scale our inquiry had taken: inter- accused of sexually harassing many of for the committee’s prerogative in in- the female members of his staff. vestigative matters. views with 264 different witnesses; 111 I will read some excerpts from a Roll I will quote just one more statement sworn depositions; as well as a system- Call article on the matter, which ap- made during that memorable debate, atic effort to contact every former fe- male employee of Senator PACKWOOD. peared on October 2, 1988, because I because it is so compelling. This Sen- To this point, the committee has think it demonstrates how differently ator said: compiled and reviewed more than 16,000 the Packwood matter has been handled I am not going to substitute my judgment pages of evidentiary documents. It has in comparison to the Bates case just 6 for [the committee’s], because they have sat issued 44 subpoenas for sworn testi- with this day after day, week after week, years ago. Here is what the Roll Call month after month. mony and documents, including tele- article said: phone logs, schedules, memoranda, The staffers knew Bates’ behavior was The speaker went on, strongly ex- meeting notes, contribution records, horting the Senate to ‘‘trust this com- wrong, but, they said, they felt trapped. If and correspondence. they complained to the House Ethics Com- mittee’’ and ‘‘stand united with the A special investigator detailed to the mittee, they said, they risked being labeled Ethics Committee.’’ committee from G.A.O. has logged ap- traitors or liars.... Those are compelling words. I could proximately 650 hours on the Packwood Former employees who spoke to Roll Call not have said them better myself. The matter. portrayed remarkably similar pictures of life one who spoke those words was the Committee members and staff have in Bates’ office....Nearly all of the women Senator from California—who has now spent more than 1,000 hours of their described his daily requests for ‘‘hugs’’ so he decided, I hope, not to offer the resolu- time in meetings, just on this one case. ‘‘would feel better’’ and ‘‘have more energy.’’ tion she had planned to bring to the The vice chairman and I, along with When the women embraced him, they said he floor earlier. often patted their behinds and thanked them our staffs, have had more than a hun- for being good. ‘‘Of course I was disgusted,’’ The precedent established by two dred additional meetings and con- said one woman. ‘‘But it was my first real overwhelming bipartisan votes on the ferences, again just on this one case. job on the Hill. You either put up with it or subpoena matter was that the Senate Given all of that it is amazing that he’ll run you out of town.’’... should not substitute its judgment for all of us are still on speaking terms One former aide remembered Bates asking the committee’s judgment. with each other. her if she would sleep with him if the two

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10781 were stranded on a desert is- The Post’s narrative goes on to say: It is deeply troubling to me that one land....Another detailed how, in front of The woman said in an interview that she of the effects of this highly-publicized a male constituent, Bates embarrassed a fe- considered the episode an assault, but she ultimatum is that a wedge has been male staffer by staring at her breasts and chose not to file a formal complaint because driven through the committee for the commenting, ‘‘Yes, they do look good, don’t she did not want to publicize the incident first time in this investigation. they?’’... and risk damaging the Peace Corps * * *. One ex-aide recalled an encounter that still I know it is not a permanent rift, be- About a week later, she was medically evac- cause I know the members of this com- makes her cringe. A female employee was uated back to the United States, where she seated at her desk with her legs underwent six weeks of intensive therapy de- mittee too well for that. Frankly, we crossed....In full view of the signed for victims of sexual assaults, which have been through too much together staff...Bates approached the woman, was paid for by the Peace Corps. Although for that to happen. wrapped his legs around her extended leg, she had completed less than half of her two- But what has happened to the com- began to sway back and forth, grinning, year tour, she never returned to Zaire. mittee and the Senate in the wake of while he inquired about a specific legislative project. As a father of three precious daugh- this incident make the argument—bet- ters, I find that kind of conduct rep- ter than I ever could—that we abso- The Roll Call article I have just rehensible beyond measure. It almost lutely must preserve the separateness quoted from revealed multiple inci- makes me physically ill to read it and independence of the Ethics Com- dents of aggressive sexual harassment aloud. It is disgusting, and it ought to mittee. by Congressman Bates. You would be punished. What has occurred as a result of the surely expect them to throw the book Yet the Home Ethics Committee de- ultimatum of July 14th should make it at him for such gross and repeated con- cided merely to issue a report dis- clear to everyone why the Ethics Com- duct. approving of Congressman Savage’s mittee must operate on its own, as it But Congressman Bates got off light- grotesque actions. The full House did sees fit, and out of the limelight. ly: he reveived a letter of ‘‘reproval’’ not act at all on any disciplinary meas- And let me just say: I appreciate the from the House Ethics Committee and ure. There were no hearings of course, concern that has been shown for this was told to ‘‘apologize’’ to his victims. and no one said a word. case by the Senator from California In essence, they told him, ‘‘You’ve been In each of these horrendous cases, and I know her motivations are sin- a bad boy; now say you’re sorry and try and there are others I could cite, there cere. not to do it again.’’ was a conspiracy of silence accom- Under the Senate rules, she has every The House did not take any discipli- panying the slap on the wrist and wink right to challenge any recommenda- nary action; no hearings were held; and of the eye that each offending Con- tion the committee makes to the Sen- no one said a word. gressman received. ate. A year later, Congressman Gus Sav- In the Washington Post account I She is certainly free to disagree with age was accused of sexually assaulting just read, Congressman Savage was re- our findings of fact, our conclusions, a Peace Corps volunteer who was sup- ported to have said to the woman he and any proposals we make for discipli- posed to brief him during an official was molesting, ‘‘That’s the way the nary action. trip. world works.’’ What is more—and I think it is im- The Washington Post was tipped off Sadly, Congressman Savage was portant for everyone to understand about the incident and interviewed the right—at least in the House at that this—she is free to offer any motion volunteer. The matter was reported in time. That was the way the world she wants on the Senate floor to obtain an article dated July 19, 1989, from worked. a result that she believes is better than which I am going to quote: Well, that was then—and this is now. the one we recommend, if we come up [The volunteer] was selected to give the The Senate Ethics Committee has short of the mark in her opinion. briefing by a supervisor who repeatedly conducted the toughest, most uncom- But the rules governing the ethics stressed that making a good impression on process authorize the full Senate to act [Representative] Savage could help the agen- promising investigation of sexual mis- cy win additional funding in Congress.... conduct that has ever been held in the upon a case only—only—when the com- But she never gave the briefing, which had United States Congress. I do not think mittee has completed its work and been scheduled for a few days later. After the there is a single witness in this case made its report to the floor. Ambassador’s dinner, she agreed to accom- who would say that we have tried to Let me point out who that protects pany Savage and several others.... cover up anything, or that we have the most, Mr. President. That protects Savage insisted that the woman ride alone treated them less fairly than the ac- mostly the minority party, because if with him in a chauffeur-driven car, accord- cused. ethics cases are going to be dealt with ing to a U.S. diplomat. During the next two on a bipartisan basis here on the Sen- hours Savage aggressively and repeatedly And certainly, no one can accuse the fondled her in the back seat of the embassy Senate Ethics Committee of the kind ate floor, I suspect—I could be wrong car, despite her strong spoken protests and of shoddy, cavalier treatment which about this—there would be enormous physical resistance. the House accorded to thoroughly des- temptation by the majority to take ad- Further into the article, the Post re- picable acts of sexual misconduct oc- vantage of the minority. ports some of the details of the assault: curring in just the last 6 years. The Ethics Committee guarantees a bipartisan result. It was crafted inten- ‘‘As soon as the cars pulled off from the And we are not finished yet. Ambassador’s residence, he grabbed me.’’ It is easy to be an ethics dilettante. tionally in that way. And clearly, the ...‘‘He tried to force me to have sex with It is hard to serve on the Ethics Com- principal beneficiaries of that are those him. He touched me against my will,’’ she mittee. It is hard to make the kinds of in the minority party in the Senate said. ‘‘He put his arms around me. He pulled judgments that you know will have a who are protected from the potential me up against him. He made me—I mean, he lifelong impact on the lives of people, abuse of the majority in matters of forced me, to kiss him—physically forced both in and outside of this chamber. personal misconduct. me, pulled my mouth onto his. He felt my But that is what we are called to do, Further, if my friend from California body * * * *. He was trying to lean over, get and I know of no member of this Ethics sincerely believes the Ethics Commit- on [top of] me, in the car.’’ [The Peace Corps volunteer] said she ‘‘tried Committee who takes their duty light- tee’s rules of procedure—if that is the everything I could think of, short of hitting ly. direction she may go—ought to be him or hurting him physically, to make him In fact, until an ultimatum was changed, then certainly pursue that or stop * * * *. He kept touching me, after I forced upon the Committee, it had op- any other option. told him to stop, many times, loudly.’’ In ad- erated almost entirely in a bipartisan But it would be a terrible mistake for dition to pushing [Congressman] Savage’s fashion. Decisions were worked out to- Members who think there is some hands away from her thighs, shoulders and gether, with constructive discussions merit to an idea to change the rules or face, the woman said, she endured his taunts among everyone; and nearly every ac- to give the committee directions or to about her religion and her attitude toward sex ****. tion the committee has taken in this take any floor action during the course Finally, an information officer from the case has had the unanimous support of of our consideration here on the floor U.S. Embassy * * * escorted [the woman] all six members, both Democrat and because there will be ample oppor- away from Savage and took her home. Republican. tunity—ample opportunity—at the end

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10782 CONGRESSIONAL RECORD — SENATE July 27, 1995 of the process for any Senator to criti- The PRESIDING OFFICER. The Sen- in cases that reach the final stage of an cize what is proposed, and to do what- ator from California. investigation is the practice of the ever any Senator may feel appropriate f Senate. in this matter. ETHICS COMMITTEE PROCEDURE My amendment is very respectful of To take a premature step before the the Ethics Committee because the crux Mrs. BOXER. Mr. President, I am committee’s report would make a of it is that there will be public hear- pleased that the Senator from Ken- mockery of the committee’s independ- ings but—but—the Ethics Committee tucky has announced that the Ethics ence and its authority. by majority vote could say we will not Committee will be meeting Monday, Members of the committee would live have public hearings. And rule 26 is an Tuesday, Wednesday, and I certainly in fear that any decision could be the important Senate rule that is there to wish to thank Senator BRYAN from Ne- pretext for a loud and nasty floor fight, protect witnesses, or matters of na- vada, who took to this floor yesterday for a hasty, ill-conceived change to the tional security will allow the com- and asked for that meeting. I also want committee’s rules, or any other direc- mittee to close off parts of that hear- to be clear about what my intentions tives. I hope we will not allow that to ing. are, because those intentions cannot be happen. So the Boxer amendment, as I will stated by any other Senator but this And again, the principal beneficiaries offer it, if I have to offer it—and let me Senator. of that not happening are those who say I hope the committee votes over- are in the minority. First of all, I was very pleased that my colleague from Kentucky did not whelmingly for public hearings so I As a result of conversations I have will not have to—will be respectful of had with many Members—and I must raise the specter of threats against any other Senator. That is a step forward the committee. say on both sides of the aisle—I believe My colleague from Kentucky men- the clear majority of the Senate would from where we were last week. But I do feel that since the Senator from Ken- tioned Senator BYRD’s name quite a allow the Ethics Committee to be able few times. And who more reveres the to complete its work, get a rec- tucky did not ask this Senator what my intentions were, he really has no Constitution than Senator BYRD? ommendation to the floor, and then Well, just read article I, section 5 of idea what I am planning to do in this give everybody an opportunity to say the Constitution, and you will find matter, although he has essentially whatever they feel about the final that in there it says we must police taken it upon himself to tell the Sen- product. ourselves. We must discipline our own. Respecting the concern that every ate what I am not going to do. Now, I also wish to thank the Sen- And that is a serious responsibility of Member of this body has that every every Senator, not just the Senators case of sexual misconduct be fully and ator from Kentucky for realizing that I have rights as a Senator. He did not who serve on the Ethics Committee but fairly investigated, we want to make every single Senator. And that is why sure that happens. need to remind me of that. I am aware I hope the Senator from California of my rights. He said that I had a right every Senator has a right, in my view will allow the committee to complete to vote for tougher penalties in the a responsibility, if he or she feels that its work. I want to thank her for at Packwood case if I felt that the com- the investigation at this stage should least withholding this week. I think mittee penalties were not tough be open to the public, to say so and not that was a gracious gesture. I am con- enough. I know that because I voted for be intimidated and not be threatened fident that if we can get back to work, tougher penalties than had been rec- privately, publicly, in the press, out- we can finish the job. ommended by the Ethics Committee in side this floor. So what I would like to do in conclu- the House twice on sexual misconduct Well, it was serious to me in the sion today is announce that the com- cases, once against a Democrat and one House. It was serious to me in the mittee will be meeting starting next against a Republican. There was no House. And for a freshman in the House Monday. It is my intention to have a room for partisanship. And contrary to to override the committee is speaking meeting each day—if that is nec- what the Senator from Kentucky said, with a very loud voice. A colleague came to me, a friend, and essary—each day next week, and each Congressman GERRY STUDDS was said, ‘‘If you persist in this, they are day of the next week, in the hope that stripped of his chairmanship. In the going to talk about your record in the we can wrap this matter up, make all next Congress, he ran again, he won House.’’ I said, ‘‘Good. Good. I’m proud the critical decisions that need to be and he got back his seniority. But he of it.’’ Not only did I vote tougher pen- made and, if possible, wrap this matter was stripped of his chairmanship. up before the August recess. So, yes, I understand the rights of alties, but in 1989 I voted to change the I appreciate, Mr. President, the at- Senators very well. And I will abso- rules in the House so that hearings tention of the Senate. Frequently, lutely, absolutely make sure that all would be public in the final stage of an when various ones of us speak, no one my rights are protected. investigation. Look at the record, 1989. listens. But I hope that at least the Now, let me make it clear I do plan And that is all I am asking for here. staffs in the various offices who handle to offer my amendment on the public How about changing the subject? We ethics matters will take a look at the hearings issue if the committee does have the Senator from Kentucky read- speech that I have given today—it will not meet in a timely fashion—and I am ing articles from Roll Call about things be in the RECORD for tomorrow—to very delighted to hear that they are that happened in the 1980’s. How about look at the history of the Ethics Com- going to meet on Monday; that is a working on things that happen right mittee; why it was set up; what it was timely fashion—or if after they meet, here? designed to do; why it is best not to they do not vote for public hearings. How about bringing justice and up- begin the process of criticizing its work Let me repeat that. If they do not holding the precedents of the Senate? before it is completed. meet or if after they meet they do not Let the sunshine in and let us deal with I hope we would all proceed with a vote for public hearings, I will be offer- these matters. cooling-off period and let the com- ing my amendment. I want again to compliment Senator mittee get back to work. The Senator says my amendment BRYAN. I think in no small measure he I say in conclusion, Mr. President, treads on the Ethics Committee. We is responsible for the fact that the again that the committee will get back have never discussed my amendment, committee is meeting again because to work beginning Monday, and it but nothing could be further than the the rules of the Senate allow the vice would be my plan to meet each day truth. My amendment is very respect- chairman to call a meeting if the next week and each day of the week ful of the Ethics Committee. chairman does not. So I want to thank after that, with the hope that we can Yes, it says that Senate precedents him for his leadership in getting the make substantial progress on this case, and procedure should be upheld. And committee going again. which has taken quite some time to the Senator says there is no precedent My colleagues, I have never heard of reach this stage. for public hearings. I beg to differ with a circumstance where a committee’s Mr. President, I thank you for the him. Senator BRYAN laid that out in work grinds to a halt because the time and thank you for the attention. this Chamber yesterday. I have laid chairman is unhappy with another Sen- Mrs. BOXER addressed the Chair. that out for all to see. Public hearings ator’s view on a matter and says,

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10783 ‘‘That Senator might offer an amend- parties. Republicans think there ought Committee what to do.’’ I do not want ment.’’ I do not know of many com- to be open hearings. Democrats think to tell the Ethics Committee what to mittee chairmen who are not facing there ought to be open hearings. Inde- do. I want them to do the right thing. that every day; there is somebody who pendents think there ought to be open I stood on this floor last week and I does not agree with them and might hearings. And the committee has the listed every case. I feel it was a com- offer an amendment. Do we stop the protection of rule XXVI. And in my plete recitation of the precedents. wheels of progress in the Senate be- amendment, if I have to offer it, it Today I feel more strongly than ever cause one Senator says she or he is gives them the chance on a 4 to 2 vote that that is the right course. going to offer an amendment on the to close the doors altogether. That is I ask unanimous consent to have floor and debate it in an open fashion, respectful of the committee. printed in the RECORD the history of exercising his or her rights as a U.S. So a lot of people are waiting for jus- Senate misconduct investigations Senator? It is beyond me. tice to be done. We are in the final in- under current procedures. So I hope we do not start that again. vestigative stage. In every case to In other words, here I am on the floor reach this stage, there have been public There being no objection, the mate- saying I am not backing off. I am glad hearings. There are those on this floor rial was ordered to be printed in the that the committee is meeting, but I who would vote for public hearings for RECORD, as follows: am not backing off one bit. If they do Waco. There were those on this floor HISTORY OF SENATE MISCONDUCT not vote for public hearings, I will be who voted for public hearings on INVESTIGATIONS UNDER CURRENT PROCEDURES back here with an amendment. Whitewater. I am on that special com- In 1977, the Select Committee on Ethics The American people believe there mittee. We now are in our second year overhauled its rules and established a three- ought to be public hearings. A recent of hearings on Whitewater. We are stage procedure for investigating allegations CBS News-New York Times poll showed looking at the Vince Foster handling of of misconduct. Under the procedure, the that less than 50 percent of the people the papers again. When we are finished Committee first conducts a ‘‘preliminary in- think there ought to be hearings on with that, there is another phase to go. quiry,’’ and if warranted, an ‘‘initial review’’ Waco again. They have held them be- I voted for that because I feel it is not follows. Only if the Committee finds that the allegations are supported by ‘‘substantial fore. Less than 50 percent of the people good for the country that there is whis- credible evidence’’ does the case enter the think there ought to be hearings on pering or people think there is some- final phase, a formal investigation. Whitewater because they have been body covering it up. Open the doors. Since these procedures have been in place, held before. But, suddenly, those who are every Ethics Committee case to reach the in- But 60 percent of the people believe chomping at the bit for hearings on vestigative phase has included public hear- there ought to be hearings in the open these subjects are saying, ‘‘Well, not on ings. The following chart summarizes Com- on the Packwood case. It crosses over this. Not on this. Do not tell the Ethics mittee action on misconduct investigations.

Senator/Sanction Inquiry begun Investigation begun Hearings held

Bob Packwood/Case Pending ...... December, 1992 ...... May, 1995 ...... None. Alan Cranston/Committee Reprimand ...... November, 1989 ...... February, 1991 ...... November, 1990-January, 1991. David Durenberger/Censure ...... March, 1989 ...... February, 1990 ...... June, 1990. Harrison Williams/Expulsion (Resigned) ...... February, 1980 ...... May, 1981 ...... July, 1981. Herman Talmadge/Censure ...... May, 1978 ...... December, 1978 ...... April-July, 1979.

Mrs. BOXER. In the RECORD you will ter, I will be back with an amendment. thing. When you come back, sometimes see, each and every time, public hear- I yield the floor. the band is playing and the talk about ings, public hearings, public hearings, Mr. GLENN addressed the Chair. freedom and protecting freedom is public hearings. Oh, they say this one The PRESIDING OFFICER. The Sen- there, it is true. But when you are out might be embarrassing. I heard a col- ator from Ohio. there and you are in combat, the whole league say, ‘‘The people are getting too f horizon of the world narrows down. And it is you and the people you are much of the O.J. Simpson trial. Now KOREAN WAR they’re going to get this.’’ with in combat, its survival, and you Mr. GLENN. I ask unanimous con- What is the message here? If you take losses. Then you come back. Yes, sent to speak as in morning business it is ‘‘thank you’’ a little bit. But then commit an ethics violation, make it so for 6 or 7 minutes. embarrassing that you will be pro- it is sort of forgotten. The PRESIDING OFFICER. Without I think that was particularly true in tected behind closed doors? I hope not. objection, it is so ordered. Korea. Korea became the forgotten So here we are. We are moving ahead. Mr. GLENN. Mr. President, we just war, largely because it came so closely I am very pleased that the Ethics Com- came back from the dedication of the on the heels of World War II. And be- mittee will be meeting Monday, Tues- Korean War Veterans Memorial, and I cause, a few years later, Vietnam be- day, and Wednesday. I will be watching just want to say a few words about came such a divisive war, attracting so and waiting and hopeful that they will that. It has been a long time since 1986 much attention on the national scene hold a vote on the public hearings when we started this effort. A lot of that Korea was really that forgotten question. If some of them think we people were involved; a lot of people episode out there. should not have public hearings, so be worked very hard to see this memorial I know it is not good to compare one it. I will accept their opinion. I will not come to fruition. war with another as far as losses go, agree with it. And I will take the issue Korea was sort of the forgotten war. not to those involved, whether families to the Senate floor. If they vote for I think there were several reasons for or friends, nor to the people who are public hearings, they still have the pro- that. It came so closely on the heels of out there getting shot at, wounded, and tection to close off part of those hear- World War II, which was a war with killed. I know you cannot compare one ings if they feel it is necessary to do so. many nations involved, global in scope. war with another and do it properly. The Senate is the people’s Senate. We Then, all at once, here we were in- But Korea, for the length of it, was one did not get here because we knew the volved in Korea. The area of conflict of the bloodiest wars that this Nation boss and got hired. We got here because was more geographically limited. But has ever fought. Vietnam was stretched a lot of people voted to send us here. what transpired within the borders of out over a period of about 10 years. This is the people’s Senate. This is not Korea was every bit as violent as any- There were 58,000 Americans—58,000 a private club. Shining the light of day thing that happened anywhere in the Americans lost—killed in Vietnam. In 3 on this matter and resolving it is very world in World War II. years in Korea we lost 54,000 Ameri- important, Mr. President. And I hope Now, I think it is a shame after the cans—some of the bloodiest fighting that next week we will hear good news war—I always have felt this way after that ever occurred. out of the Ethics Committee. And I a war when people come back. When It was the Chosin Reservoir. In the will await that news with bated breath. you leave for the war bands are play- annals of military history, particularly If there is no movement on this mat- ing, you are off for freedom, this sort of of the Marine Corps, Chosin Reservoir

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10784 CONGRESSIONAL RECORD — SENATE July 27, 1995 and some of the things that happened ures there represent all the different league for those remarks. Indeed, I was there were almost unbelievable. Sur- services and all the nations that were privileged to join him, Senator CHAFEE, rounded by 120,000 Chinese and North out there, the 20 nations beside our and a number of others from the Sen- Korean troops, this small group of ma- own that were involved. This is a me- ate and the House today at the dedica- rines made their way out from the res- morial to all of those who sacrificed so tion of the Korean War Memorial. ervoir, bringing their dead along with much, whether on the ground, in the If I may say, Mr. President, the re- them, piling in the back of the trucks, air, or wherever they were. It is a me- marks of this distinguished Senator re- in the weapons carrier, and so on. They morial to all of them. It will be a sym- flect his hallmark, that is a man of hu- did not leave anybody up there. bol for my children, my grandchildren, mility, in terms of his own heroic serv- Yesterday, in my office, I had the my great grandchildren, my great, ice to his country, be it in the Marines honor of pinning a Purple Heart on a great grandchildren that the freedoms in World War II, Korea, or in the after- gentleman who had been bayoneted at that we have, and our position in the math in the space program. Chosin Reservoir and came out—they world, did not just happen. It is not The Senator mentioned valor in avi- kept him on the hood of the vehicle to something that just was automatic. It ators, and I want to share with him one keep him warm. He got over to Japan is something that happened because personal recollection of my squadron and was in the hospital there. He never there were an awful lot of people who commander. I was but a communica- put in for the Purple Heart. His son went out, whether it was World War I, tions officer, not a pilot, in the squad- wrote to me. We turned it over to the World War II, Korea, Vietnam, or else- ron, VMA–121. We had the old AD–1’s. Marine Corps. They checked the where, and represented this country in The Senator remembers that work- records. Sure enough, no Purple Heart. conditions that were very, very tough. horse of an aircraft. He flew them him- Bayoneted 43 years ago, and I had the So we do not need a memorial, per- self. honor of pinning that Purple Heart on haps for our generation, the generation This particular man’s name was Al him in my office yesterday. that took part in Korea. When you Gordon, Lieutenant Colonel, USMC. I One of the things irritating to me is meet someone who was out there, a was back in the ‘‘commshack’’ moni- that, when people go out and fight a handshake, a look in the eye, just toring a routine mission taking off, war, and they come back and want to knowing that they understand, is your and he was leading it, a flight of four have a memorial so somebody remem- memorial. But I think it is important aircraft. They took off and got about 30 bers down the road, they have to raise that we have an impressive memorial, miles away. They were still in their the money to put up the memorial like the Korean Memorial, for those climb when he developed an engine themselves. Is that not ironic? who come after. Maybe they can get fire. His wing man called quickly to A grateful nation, yes. But not quite some little bit of inspiration from it tell him he was trailing smoke and to grateful enough to put up a memorial about dedication to country, loyalty, bail out. to the 54,000 Americans killed out and patriotism. The frantic conversation, which I there. These are the things that the memo- learned, was that Colonel Gordon ac- So some years ago, a number of peo- rial is all about. For those who were knowledged his wingman’s plea, but ple—I was one of them—got together there, we do not need it. We have our looked down and said, ‘‘There’s a vil- and decided there should be a memo- own memories, a memory memorial lage. I’m carrying 8,000 to 10,000 pounds rial; that this should not be a forgotten that does more than the bricks, mor- of bombs. I have to divert the aircraft war. I played a very small role in it, I tar, stainless steel, bronze, and marble from civilians before I go out.’’ was not a leading part of it. We raised down there on the Mall as a companion But in so diverting, he lost altitude, the money for it. As I say, I was a very piece to the Vietnam Memorial. and when he finally got out of his air- I say as a companion piece because tiny part, and I truly was. Gen. Ray craft, there was not enough distance many Americans can remember being Davis, a Marine Medal of Honor win- between the aircraft and the ground. in Washington and standing on the ner, wound up spearheading this effort, His chute streamed, but too late. I had Lincoln Memorial steps, looking down the misfortune of—well, maybe it is and he was the master of ceremonies at the reflecting pool toward the Wash- not a misfortune—but anyway, to go the dedication ceremonies just a little ington Monument. Over on the left is out and reclaim his body, this brave while ago. the Vietnam Memorial, very impres- For those who were there, we do not hero, and bring him back. sive. Now, over on the right, is a com- I had the opportunity when I was need a memorial. I do not need a me- panion piece, the grove of trees where Secretary of the Navy, many years morial for Korea. Because those who the Korean Memorial is. later, to finally find his widow and give were there—Senator WARNER is here on The bravery demonstrated in Korea, the floor, Senator CHAFEE was over whether at Chosin Reservoir or else- her a small artifact and tell her the there—those who were out there re- where, was just as valorous as any story of the bravery of her husband. So this memorial does stand to those member very, very well what happened. other war in which Americans have who did not come back and many who You remember an awful lot of things. fought. Truly, uncommon valor was a did, but bear the scars of the war. I just You remember the squadron com- common virtue there, as much as it mander getting shot down, seeing him was in any other war. wish to say, Mr. President, how much I bail out, seeing the plane crash, and I hope that our kids can get a little respect our distinguished colleague you were not able to get him out of taste of that bravery, of what happened from Ohio and his remarks today. there. out there. That I see as the memorial’s Mr. DASCHLE addressed the Chair. You remember other people going basic function. The PRESIDING OFFICER (Mr. down in flames. You remember people So today perhaps the forgotten war is COATS). The minority leader is recog- not coming out at a rendezvous point not quite as forgotten as people nized. after a strike and having to write to thought. I hope that, as people from all REMEMBERING THE KOREAN WAR their next of kin. That is the hardest over this country come and see this im- Mr. DASCHLE. Mr. President, I, too, part, I can tell you that. Anybody pressive memorial, they, too, will have commend the distinguished Senator there can testify to it. a small appreciation for what happened from Ohio and associate myself with You remember getting hit and the back in those days. The forgotten war the remarks of the Senator from Vir- airplane keeps on flying. My memory is not forgotten. We have a beautiful ginia because I believe the Senator of things like that is very, very vivid, memorial now. We are proud to have from Virginia said it very well. We owe as though they just happened this taken part in dedicating it today. a big debt of gratitude to all Korean morning. I yield the floor. war veterans. So what I am saying is, for those who Mr. WARNER addressed the Chair. It is this memorial, I think, that per- were there, we do not need a memorial. The PRESIDING OFFICER. The Sen- haps puts that gratitude in proper light But I think it is important that the ator from Virginia. and emphasizes the remarkable con- Korean Memorial is there. HEROES tribution that each and every one of The design of it is very good. It Mr. WARNER. Mr. President, I wish those veterans made to our freedom. shows people slogging along. The fig- to commend our distinguished col- We have the good fortune to serve each

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10785 day with three of those veterans. We The wall of the Korean War Veterans Mr. WELLSTONE. Mr. President, I just heard two of them. Senator WAR- Memorial bears an inscription that am assuming that we are going to be NER, Senator GLENN, and Senator reads: ‘‘Freedom is not free.’’ It was re- going to the gift ban reform very soon. CHAFEE all served admirably during peated by President Kim yesterday in Since there is this break, I ask unan- that difficult time. All came back to the joint session of Congress, and re- imous consent that I be allowed to serve this country in other capacities peated again by the President of the speak as in morning business for up to with great dignity and extraordinary Republic of Korea today during the 10 minutes. valor. dedication. The PRESIDING OFFICER. The Sen- President Kim this afternoon, during In the case of South Korea, the price ate is in morning business. the dedication, remarked again that of repelling Communist aggression and The Senator is recognized to speak freedom is not free. That statement re- preserving freedom was very high in- for 10 minutes. minded me of a comment made several deed. f years ago while I visited East Germany Nearly 11⁄2 million Americans fought MEDICARE’S 30TH ANNIVERSARY that democracy is something one ei- to prevent the spread of communism ther has to fight for or work at. But we into South Korea. It was the bloodiest Mr. WELLSTONE. Mr. President, on do not have the luxury of doing nei- armed conflict in which our Nation has July 30, 1965, President Lyndon Baines ther. These three distinguished vet- ever engaged. In 3 years, 54,246 Ameri- Johnson traveled to Independence, MO, erans of the Korean war understand the cans died in Korea—nearly as many as and he signed Medicare into law. That need to do both. They fought for free- were killed during the 15 years of the simple ceremony marked the beginning dom and, ever since returning, have Vietnam war. of a new era of health and economic se- worked at democracy. So I know I Freedom is not free. curity for America’s seniors. 1 speak for all Senators in our expression Nearly 1 ⁄2 million Americans sac- Prior to Medicare, only half of Amer- of personal gratitude to them for their rificed part of their lives to preserve ica’s elderly had health insurance. achievements and for the contribution freedom in Korea—and more than 54,000 Today, more than 36 million elderly that they have made to this country. Americans sacrificed all of their lives. and disabled Americans, including Mr. President, ‘‘The struggle of man The nobility of their sacrifice, at long more than 630,000 Minnesotans, are pro- against power is the struggle of mem- last, is now recorded for all of history tected by Medicare. Mr. President, ory against forgetting.’’ at the Korean War Veterans Memorial. Medicare is a program with over- Those words, by the Czech writer Look into the faces of the 19 soldier whelming support in Minnesota among Milan Kundera seem especially poign- statutes that make up the memorial seniors, their children, their grand- ant today as America dedicates a me- and you can feel the danger sur- children, and all Minnesotans. morial to those ‘‘forgotten veterans,’’ rounding them. But you can also feel Many of us remember what it was which Senator GLENN so eloquently ad- the courage with which our troops con- like for seniors before Medicare. Many dressed, the men and women who fronted that danger. So it is a fitting seniors lost everything paying for nec- fought and died in the Korean war. And tribute indeed to the sacrifices of those essary health care, and many others it is a honor that is long overdue. who fought and died in that faraway simply went without it. The other day, I had the privilege of land. Mr. President, the Medicare Pro- visiting with two Korean war veterans But there is also another tribute half gram, imperfections and all, made the from South Dakota, who had come to the world away, and that is democ- United States of America a better Washington this week for the dedica- racy—democracy—in the Republic of country. Prior to Medicare, what often tion. South Korea. Over the past four dec- happened was that as people became el- Don Jones was 22 years old when his ades, the special relationship between derly and no longer worked, they then foot was ripped apart by a hand gre- our two nations that was forged in a lost their health care coverage. Many nade in North Korea on October 1952. war has actually grown into a genuine people could not afford good health He spent 6 months recuperating in a partnership. Our two nations are more care. Tokyo hospital, and then he went back prosperous, and the world is now safer, This was a program, along with Med- to Korea to fight some more. because of it. icaid, that made our country more Orville Huber was 24 years old when As the writer said, ‘‘The struggle of compassionate. It made our country a he was hit in the head by a piece of man against power is the struggle of fairer country. It made our country a shrapnel in July 1953, just 2 weeks be- memory against forgetting.’’ more just country. The free world won an important bat- fore the war ended. I can say, Mr. President, having had They both won the Purple Heart. tle in the struggle against power more two parents with Parkinson’s disease— After the war ended, they returned to than four decades ago when we beat and the Presiding Officer and I have South Dakota. There were no parades, back the forces of communism in talked about Parkinson’s disease be- no fanfare. When I asked them what South Korea. fore, and we both have a very strong Today, it is the responsibility of all they would like to hear the American interest and support for people who are those who value freedom to remember people say after all this time about the struggling; I think the Presiding Offi- the struggle and the honor and the sacrifices that they made in Korea, cer has a family connection also with commitment of all of those who fought Orville responded simply: ‘‘We would Parkinson’s disease—for my mother and who ought to be remembered in just like to hear that people remem- and father, neither of whom are alive, perpetuity. The Korean War Veterans ber.’’ Leon and Minnie, the Medicare Pro- Memorial is one way that we can truly Perhaps the reasons the Korean war gram, I think, was the difference at the live up to that responsibility. has receded in our memories is because end of their lives between dignity and Freedom is not free. We must recog- it was unlike either the war that pre- just economic disaster. It is a terribly nize—and I hope future generations ceded it or the war that followed. Ra- important program. will always recognize—that democracy tioning brought World War II into Mr. President, Medicare also is im- truly is something we must either fight every American home, and television portant to Minnesotans because we, as for or work at. brought the Vietnam war into our Mr. President, I yield the floor. a State, I think, have had a great deal homes. I suggest the absence of a quorum. to do with its creation. Hubert Hum- But Korea was different. Except for The PRESIDING OFFICER. The phrey, Walter Mondale, and Don Fra- those who actually fought there, Korea clerk will call the roll. ser, among others, worked tirelessly on was a distant land and, eventually, a The bill clerk proceeded to call the its creation. distant memory. roll. This was a project of countless Min- So today, as we dedicate our Nation’s Mr. WELLSTONE. Mr. President, I nesotans, advocates for seniors from all Korean War Veterans Memorial, it is ask unanimous consent that the order across our State, our universities, our fitting that we remember what hap- for the quorum call be rescinded. communities, all came together during pened in Korea and why we went there The PRESIDING OFFICER. Without the early part of the decade of the in the first place. objection, it is so ordered. 1960’s, and finally culminating in 1965

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10786 CONGRESSIONAL RECORD — SENATE July 27, 1995 on July 30, when we passed this hall- per person, while private health care Then the premiums will go up, then the mark legislation. costs are projected to grow at a rate of employers will have a difficult time In many ways, I argue today on the 7 percent per person. Those are exactly carrying insurance, and more will be floor of the Senate, Medicare is a prod- the figures. That is exactly the infor- dropped from coverage. uct of Minnesota. It reflects Minneso- mation. This is crazy public policy that some tans’ values. It reflects the tradition of Mr. President, that means that even people are advocating around here. my State: A tradition of respect for if the Medicare Program, which cares Mr. President, Medicare Dependent seniors and a commitment to those for the sickest and the frailest mem- Hospitals, which have a Medicare load members of our community who need a bers of our society—the same members, of 60 percent or more—— helping hand. As Hubert Humphrey, a I might add, Mr. President, who have The PRESIDING OFFICER (Mr. great Senator, said in support of Medi- been systematically excluded by the ABRAHAM). I inform the Senator his 10 care, ‘‘Our country’s strength is in the insurance companies from coverage be- minutes has expired. health of our people.’’ That was the cause of preexisting conditions—even if Mr. WELLSTONE. Mr. President, I premise of the Medicare Program. Medicare can capture all of the effi- ask unanimous consent for 5 extra min- This year, the 30th anniversary of the ciencies of the private sector, there utes. Medicare Program, all too many Re- still would not be enough money to The PRESIDING OFFICER. Without publicans have resolved to cut the pro- cover the costs of this program. objection, it is so ordered. gram by $270 billion over the next 6 Mr. President, Minnesotan providers Mr. WELLSTONE. Mr. President, years. While the budget deficit clearly have already suffered from inadequate Medicare dependent hospitals—and the needs to be reduced, the Republican payments for Medicare. For example, definition of a Medicare dependent hos- proposal to finance a tax cut to the Minnesota’s HMO’s are currently of- pital is a hospital that has Medicare tune of $245 billion—most of it going to fered inadequate payments for the patient loads of 60 percent or more— high-income and wealthy people—and Medicare population. As a result, many have significantly lower overall mar- at the same time putting into effect se- of our HMO’s have declined to partici- gins than other hospitals, and will face vere and, I think, draconian cuts in the pate in the Medicare Program on a two choices: Either those hospitals will Medicare Program, a program which capitated basis. Minnesota, compared close down or they will have to reduce has played such a central role in im- to California, compared to New York, services. proving both access to and quality of compared to Florida, sometimes only Minnesota has four Medicare depend- health care services for our country’s receives half of the reimbursement per ent hospitals in the urban areas, and elderly and disabled, is unacceptable, I person. we have 40 of those Medicare dependent argue—and we will have a debate about Mr. President, what I am saying is hospitals in the rural areas. In addi- this, as time goes on—and unconscion- that we, in Minnesota, have kept the tion, 43 percent of Minnesota’s hos- able. inefficiencies out of the system. We pitals currently lose money on Medi- Mr. President, while I believe the have already cut the fat. If these pay- care patients. If the proposed Medicare Medicare Program could and should be ments come to Minnesota, capitated at cuts are enacted, 67 percent of Min- improved, I want to be quite clear that a fixed amount way under the cost of nesota’s hospitals would lose money on I do not think that this program will providing care to beneficiaries under a Medicare patients. be improved by cutting $270 billion voucher-type scenario, seniors will be Small, isolated rural hospitals re- over the next 6 years. forced either to pay more out of pock- quire a stable funding source in order Mr. President, a dramatic restruc- et—and we are not talking about a to provide care. I will tell you right turing of Medicare not based on sound high-income population when we talk now, in many of our smaller commu- public policy would be a grave mistake. about the elderly in Minnesota or in nities, in many of our greater Min- A dramatic restructuring of Medicare our country—or they will have to go nesota communities, in many of the of the kind that has been proposed now without coverage. communities in rural America, what is by too many Republicans, not based on Mr. President, beyond the impact of going to happen is that those hospitals sound policy, would not be a step for- Medicare cuts felt by seniors and the with a Medicare patient mix of some- ward for Medicare beneficiaries in Min- disabled community, we will all pay times up to 80 percent are simply not nesota or across the country, but would the costs of Medicare indirectly. We going to be able to make it. And when be a huge step backward. will pay it in one of two ways: Either those clinics and hospitals close, that Republicans have proposed, Mr. as children or grandchildren, we will means not just Medicare recipients but President, to fundamentally change have to help pay the costs of our elder- other citizens as well do not receive the program from universal health in- ly parents or grandparents. the care that they need. surance for seniors to a fixed amount Many families are already under a Medicare has come to symbolize this of cash which each Medicare bene- tremendous amount of economic pres- Nation’s commitment to health and fi- ficiary could use to purchase coverage sure. The bottom 70 percent of the pop- nancial security for our elderly citizens in the marketplace. This would effec- ulation has been losing ground eco- and their families. It is a successful tively transfer the risk of Medicare in- nomically over the last 15 years. I program that has played a central role flation and medical inflation to the el- think it is rather naive to believe that in improving both access to and qual- derly, in order to relieve the Govern- families will have a lot of extra income ity of health care services, not only for ment from bearing the risk. to pay this additional cost. our country’s elderly and disabled, but Mr. President, seniors would be ex- Or, when the hospitals, clinics, and for all of us. We are talking about our pected to pay the difference between doctors are in a position to do so, and parents and our grandparents. the cost of a health plan and the Medi- I do not blame them for this, they will Mr. President, I will, as we go to the care voucher amount. The elderly in just shift the costs. It is like Jell-O. 30th anniversary of Medicare, vigor- our country, Mr. President, already Put your finger in one part of the Jell- ously oppose all efforts or any effort to pay four times more out-of-pocket ex- O and it just shifts. What they will do, dismantle a Medicare system in order penses for medical costs than those since the Medicare reimbursement will to give a tax cut that will dispropor- under 65 years of age. This does not in- be significantly under the cost of pro- tionately benefit those people who need clude the enormous cost of nursing viding care—that is already the case in it the least. homes, which is now nearly $40,000 a Minnesota—these cuts will not work in Let me repeat that. I will resist any year. my State, I tell Members now. This effort to dismantle the Medicare Pro- While Republicans claim that they slash-and-burn approach will not work gram in this country in order to give want to use a voucher system to emu- in Minnesota. It will not only hurt tax cuts to those citizens who, in fact, late the health care cost containment Medicare beneficiaries. It will also hurt least need the financial assistance. successes of the private sector, they care givers and providers and, in addi- Thirty years ago, Medicare was part neglect to mention that their budget tion, those care givers and providers in of a Democratic vision for a better cuts will only allow Medicare costs to the metro area, if they can, will shift America. Mr. President, today it still grow at a rate of less than 5 percent the cost of private health insurance. is. I come from a State that has made

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10787 an enormous contribution to our Na- Medicare, enacted in 1965 and fully oper- buildup to enactment in 1965, no such pre- tion. I come from a State that has ational in 1966, has historical origins that sumption existed. made a contribution through a great are difficult to understand in the political The incrementalist strategy of the ’50s and environment of the 1990s. Perhaps the best early ’60s assumed not only that most of the Senator and a great Vice President, way to understand Medicare is to appreciate nation was concerned with the health insur- Hubert Humphrey—Hubert Humphrey how peculiar the program is from an inter- ance problems of the aged. But it also took and Walter Mondale and Don Fraser— national perspective. The United States is for granted that social insurance programs and Minnesota had a lot to do with the the only industrial democracy that has com- enjoyed vastly greater public acceptance beginning of the Medicare Program and pulsory health insurance for just its elderly than did means-tested assistance programs. with support for this program, which citizens. Even those countries that started Social insurance in the United States was has made such a positive difference in national health insurance programs with one acceptable to the extent that it sharply dif- the lives of people, our senior citizens group of beneficiaries did not start with the ferentiated its programs from the demeaning elderly. Almost all other nations began with world of public assistance. ‘‘On welfare,’’ in around this country. I intend to fight coverage of their work force or, as in the American parlance, is a form of failure, and hard to make sure that we keep this as case of Canada, went from special programs the leaders in the Social Security adminis- a high quality program. for the poor to universal programs for one tration made sure that Medicare fell firmly My mother and father depended on service (hospitals) and then to another (phy- within the tradition of benefits ‘‘earned,’’ this program. They are no longer alive, sicians). not given. The aged could be presumed to be but for them, if not for Medicare it This means that peculiarly U.S. cir- both needy and deserving because, through would have been financial disaster. So cumstances, rather than some common fea- no fault of their own, they had lower earning ture of modern societies, explain why it is I do not intend to see this program dis- capacity and higher medical expenses than that compulsory government health insur- any other age group. The Medicare proposal mantled—not on my watch as a Sen- ance began in the United States with the re- avoided a means test by restricting eligi- ator from Minnesota. And the more we cipients of Social Security cash pensions. bility to persons over 65 (and their spouses) get into this debate, the more people in The roots of this particular history lie in who had contributed to the Social Security Minnesota and all across this country the United States’ distinctive rejection of system during their working life. The initial are going to say: Senators, whether national health insurance in the 20th cen- plan limited benefits to 60 days of hospital you are Democrats or Republicans, this tury. First discussed before World War I, the care; physician services were originally ex- idea fell out of favor in the 1920s. When the is unacceptable and unconscionable. Do cluded in hopes of softening the medical pro- Great Depression made economic insecurity fession’s hostility to the program. not be cutting Medicare, do not be cut- a pressing concern, the Social Security blue- The form adopted—Social Security financ- ting Medicare and quality of services print of 1935 broached both health and dis- ing and eligibility for hospital care and pre- for elderly people in our country, all ability insurance as controversial items of miums plus general revenues for physician for the sake of tax cuts for wealthy social insurance that should be included in a expenses—had a political explanation, not a people in our country. There is no more complete scheme of protection. From philosophical rationale. Viewed as a first standard of fairness to that. 1936 to the late 1940s, liberals called for in- step, of course, the Medicare strategy made Mr. President, I ask unanimous con- corporating universal health insurance with- sense. But after 30 years, with essentially no in the emerging welfare state. But the con- serious restructuring of the benefits, Medi- sent that an article by Ted Marmor ti- servative coalition in Congress defeated this care seems philosophically, and practically, tled ‘‘Medicare and How It Grew—To attempt at expansion, despite its great pub- at sea. Be Confused and Misjudged’’ be printed lic popularity. The main outline of Medicare’s operational in the RECORD. The original leaders of Social Security, experience can be summarized in three There being no objection, the article well aware of this frustrating opposition, re- chronological periods. was ordered to be printed in the assessed their strategy during President Tru- The first—roughly from 1966 to 1971—was man’s second term. By 1952, they had formu- one of accommodations to US medicine, RECORD, as follows: lated a plan for incremental expansion of rather than of efforts to change it. To ease [From the Boston Sunday Globe, May 7, 1995] government health insurance. Looking back the program’s implementation in the face of MEDICARE AND HOW IT GREW—TO BE to the 1942 proposal that medical insurance heated resistance from organized medicine, CONFUSED AND MISJUDGED be extended to Social Security contributors, Medicare’s first administrators resisted rad- CONFUSION ABOUT THE PROGRAM’S PAST IS the proponents of what became known as ical changes. They adopted benefits and pay- CLOUDING ITS FUTURE Medicare shifted the category of bene- ment arrangements that exerted inflationary ficiaries while retaining the link to social in- pressure and hindered the government’s abil- (By Ted Marmor and Julie Berlin) surance. ity to control increases in program costs Medicare, budget deficits and the race for Medicare became a proposal to provide re- over time. For example, paying hospitals the presidency have once again come into in- tirees with limited hospitalization insur- their ‘‘reasonable costs’’ and physicians tense and very public conflict. On Monday, ance—a partial plan for the segment of the their ‘‘reasonable charges’’ proved to be sig- President Clinton publicly rejected the sug- population whose financial fears of illness nificant loopholes that prompted energetic gestion by House Speaker Newt Gingrich were as well-grounded as their difficulty in gaming strategies on the part of doctors and that Medicare’s forecasted budget be reduced purchasing health insurance at modest cost. hospitals. Unusually generous allowances for substantially (some $250 billion) so as to With this, the long battle to turn a proposal depreciation and capital costs were a further ‘‘save’’ the valued, but beleaguered program. acceptable to the nation into one passable in built-in inflationary impetus. The use of pri- On Wednesday, the president reiterated his Congress began. vate insurance companies as financial inter- ‘‘defense’’ of Medicare before the White These origins have much to do with the mediaries provided a buffer between the gov- House Conference on Aging, rejecting both initial design of the Medicare program and ernment and physicians and hospitals but it the Gingrich diagnosis and the remedy of a the expectations of how it was to develop weakened the capacity of government to bipartisan national commission proposed by over time. The incrementalist strategy as- control reimbursement. Senate Majority Leader Bob Dole, an an- sumed that hospitalization coverage was the The truth is that in the early years, the nounced contender for the Republican presi- first step in benefits and that more would program’s leaders were not disposed to face dential nomination. By the end of the week, follow under a common pattern of Social Se- the confrontations necessary to restrain Republicans were on the defensive, repeat- curity financing. Likewise, the strategy’s costs. They felt they needed the cooperation edly referring to the recent report by Medi- proponents assumed that eligibility would be of all parties for Medicare’s implementation care’s trustees that, without cost control, gradually expanded. Eventually, they be- to proceed smoothly. Medicare’s designers, the program’s hospital ‘‘trust fund’’ will run lieved, it would take in most if not all of the fully aware of the need for cost control, were out of money by 2002. population, extending first, perhaps, to chil- initially reluctant to make strong efforts for The Republicans find themselves caught dren and pregnant women. fear of enraging Medicare’s providers. among conflicting promises: to balance the All the Medicare enthusiasts took for With the benefit of hindsight, it is easy to budget, to enact tax cuts and to protect both granted that the rhetoric of enactment criticize this. At the time of its enactment, Medicare and Social Security. The country should emphasize the expansion of access, however, Medicare’s legislative mandate was finds itself in the midst of a bewildering mix not the regulation and overhand of US medi- to protect the elderly from the economic of crisis talk, fact-throwing and ideological cine. The clear aim was to reduce the risks burdens of illness without interfering signifi- name-calling. of financial disaster for the elderly and their cantly with the traditional organization of To make sense of this debate requires his- families, and the clear understanding was American medicine. It was with this aim in torical perspective on what Medicare was ex- that Congress would demand a largely hands- mind that Medicare’s leaders were accommo- pected to accomplish, some understanding of off posture toward the doctors and hospitals dating so as to ensure a smooth, speedy start what its 30-year history has wrought and providing the care that Medicare would fi- to the program. It was not until the 1980s some realistic discussion of what its real nance. Thirty years later, that vision seems that Medicare came to be seen as a powerful problems are and what can be done about odd. It is now taken for granted that how one means to control the costs and delivery of them. pays for it affects the care given. But in the medical care.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10788 CONGRESSIONAL RECORD — SENATE July 27, 1995 The results were quite predictable: effi- parture from Medicare’s basic design as a so- Medicare’s financing also could use some cient administration of a program with infla- cial insurance program open to beneficiaries overhauling. Raising payroll taxes will have tion built in. The average annual rate of regardless of income. to be part of the answer. This option appears growth in the daily service charge of US hos- While the changes in Medicare payment to be ruled out of the current debate, a good pitals between 1956 and 1971 was 13 percent. policy did not receive widespread public at- example of fearfulness defeating common Medicare’s definition of reasonable charges tention, a concurrent expansion of benefits sense. But, the breadth of public support for paved the way for steep increases in physi- did. For a brief period in the late 1980s, the Medicare suggests it is possible to mobilize cians’ fees as well. In the first five years of addition of so-called catastrophic protection popular backing for a tax increase to support Medicare’s operation, total expenditures rose to Medicare coverage became a topic of the program where the problem is clearly de- over 70 percent, total expenditures rose over media interest. The passage and repeal of the fined and the justification convincingly of- 70 percent, from $4.6 billion in 1967 to $7.9 bil- catastrophic health insurance bill was a fered. As for beneficiaries, it is time to re- lion in 1971. Over the same period, the num- searing experience for Washington insiders, consider the idea of charging wealthier bene- ber insured by Medicare rose only 6 percent but it left little lasting impact on the na- ficiaries more for Medicare’s physician in- (19.5 to 20.7 million people). tion’s citizenry. What remained from the surance program, another idea likely, if ex- By 1970, there was broad agreement that 1980s was a large federal deficit, and it was plained, to have popular support. fiscal politics (along with presidential poli- health inflation had become a genuinely se- We need a debate as well over how Medi- ticking), not Medicare’s performance, that rious problem. Criticism of Medicare was care should be improved. What we do not has controlled the pace and character of at- part of this dialogue, and, for some, Medicare need is one that scares the country about tention Medicare has received. was the cause of what became a pattern of Medicare’s future by disseminating false medical prices rising at twice the rate of Before turning to how to cope with Medi- care’s problems, critical attention should be claims about its affordability. It would in- general consumer prices. Throughout most deed be a ‘‘crisis’’ if we concluded that the of the 1970s, however, adjustments of Medi- given to two claims in the recent debate. One is the mistaken view that because Medicare legitimate health costs of our aged and dis- care took a subordinate political position to abled were unaffordable. What is unsus- nationwide medical change. That does not faces financial strain, the program requires dramatic transformation. The experience of tainable is the pattern of increasing health mean Medicare was inert. But it does mean expenditures at twice the rate at which our that its changes—experimentation with dif- the 1980s showed that Medicare administra- national income rises. ferent reimbursement techniques in the tors, when permitted, can in fact limit the Medicare’s early implementation stressed early 1970s; the 1972 expansion of Medicare to pace of increase in the program’s costs. The accommodation to the medical world of the the disabled and those suffering from kidney second misleading notion has to do with the 1960s. Its objective was to keep the economic failure; administrative reorganization in the very language used to define the financial late 1970s that took Medicare out of Social problems Medicare faces. Republican critics burden of illness from overwhelming the Security into the newly created Health Care (and some Democrats) continue to use fear- aged or their children. Thirty years later, Financing Administration—all became the ful language of insolvency to express dread the setting is radically different. The dif- subject of intense but low-visibility interest- of a future in which Medicare’s trust fund ficulties of Medicare are those of American group politics. This polities, followed closely will be ‘‘out of money.’’ This language rep- medicine generally. We pay too much for by the nation’s burgeoning medical care in- resents the triumph of metaphor over some procedures and we do too many things dustry, elderly pressure groups and special- thought. Government, unlike private house- that either do some harm or do little good in ized congressional committees, was not the holds, can adjust its pattern of spending and relation to their costs. In the world of pri- stuff of Medicare’s original legislative fight raising revenues. The ‘‘trust fund’’ is an ac- vate health insurance, cost control has ar- or of the ideological battle over national counting term of art, a convention for de- rived with a vengeance. Medicare is unset- health insurance. scribing earmarked revenue and spending tled and is likely to remain so in the context By the end of the 1970s, alarm had grown both in the present and estimated for the fu- of budget-deficit politics unless we accept over both the troubles of medical care gen- ture. The Congress can change the tax sched- that containing what we spend on Medicare erally and the costs of Medicare specifically. ule for Medicare if it has the will. Likewise, need not mean transforming the program. It The struggle over national health insurance it can change the benefits and reimburse- will mean, necessarily, that the burdens of ended in stalemate by 1975 and the effort to ment provisions of the program. Or it can do cost control will have to be borne. Our sug- enact national cost controls over hospitals some of both. Channeling the consequences gestion is that they should be borne by those had also failed by 1979. This meant that through something called a ‘‘trust fund’’ whose incomes are higher, both payers and Medicare, like American medicine as a changes nothing in the real political econ- payees. omy. Thinking so is the cause of much mud- whole, was consuming a larger and larger dle, unwarranted fearfulness and misdirected piece of the nation’s economic pie, seeming f energy. to crowd out savings on other goods and To view the crisis-ridden debate about services. US health expenditures in 1980 rep- Medicare’s finances as misleading is not to THE DEDICATION OF THE KOREAN resented 9.4 percent of GNP, up from 7.6 per- suggest that the program is free of problems. WAR VETERANS MEMORIAL cent in 1970. Medicare alone amounted to But it is important to understand that Medi- some 15 percent of the total health bill in care can be adjusted in ways that fully pre- Mr. HEFLIN. Mr. President, on the 1980, up from 10 percent a decade earlier. serve the national commitment to health in- Mall this afternoon, just across the re- For the past 15 years, the politics of the surance and the elderly and disabled. flecting pool from the Vietnam Vet- federal deficit have driven Medicare. This What should be done? One place to start is has had two consequences. The first is that erans Memorial, another unique sym- reduction of the growing gap between the bol commemorating the sacrifice of our Medicare is no longer an intermittent sub- benefits Medicare offers and the obvious ject of policy makers’ attention, but has be- needs of its beneficiaries. What Medicare Nation’s veterans was dedicated. The come a constant target of the annual battles pays for should be widened to include the long-overdue memorial to our Korean over the federal budget. Second, concerns burdens of chronic illness; that means incor- war veterans was finally and officially over Medicare’s effect on the deficit have en- porating prescription drugs and long-term opened to the public today, July 27, abled far-reaching changes in the ways it care into the program, which is precisely 1995, the 42d anniversary of the armi- pays medical providers. In contrast to the what the Clinton administration hoped to do accommodationist policies of Medicare’s stice agreement ending that conflict. in connection with its ill-fated health insur- This stirring memorial truly deserves early years, federal policy makers have im- ance overhaul. plemented aggressive measures to hold down Widening the benefit package does not its rightful place on the national Mall, Medicare expenditures. They gave priority to mean, contrary to what many claim, that for, as a Washington Post editorial suc- the government’s budgetary problems over total expenditures must rise proportion- cinctly put it yesterday, ‘‘ ‘Korea’ was the interests of hospitals and physicians. ately. Expenditures represent both the vol- a convulsive but finally proud event in The result of these changes was a consider- ume of services and their prices. Many other the tradition of the presidents honored able slowdown in the rate of growth in Medi- nations have not only universal coverage and on this hallowed national ground.’’ On care expenditures that did not compromise wider benefits than Medicare, but spend less the program’s universality. per capita than we do for their elderly. Can- the Korean Peninsula over 40 years Ironically, these changes in Medicare pay- ada, for example, is able to do this because ago, brave Americans led a score of na- ment policy received almost no public atten- they pay their medical providers less, spend tions in successfully thwarting Com- tion. There has been little recognition of the less on administration and use expensive munist aggression. ‘‘It was a moment effectiveness of the 1980s federal cost-con- technology less often. Medicare’s expendi- in the history of freedom, and the tainment measures. As a result, the public tures should be restrained below the current 54,000 Americans who died and the has a distorted sense of Medicare’s experi- projected growth rate of 10 percent a year. many others who fought there earned ence of inflation, viewing it as inevitable. There is no reason that the program’s out- the benediction in stone and steel now The experiences of the past decade dem- lays need rise at twice the rate of general in- onstrate that Medicare costs can actually be flation—or more. What has to be changed is * * * bestowed.’’ restrained through regulatory adjustments, the amount of income medical providers of Some have called the Korean war and that these savings do not require a de- all sorts receive from the Medicare program. ‘‘the forgotten war,’’ since it did not

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10789 end in triumph—like World War II—or Korean war. On this day of the dedica- the forces of communism in that far-off in bitter defeat—like Vietnam. It nei- tion of their memorial, I stand with peninsula of Korea. As the primary ther united us the way World War II each of my colleagues in saluting all contingent of an international force did, nor did it divide us to the degree veterans of the Korean war. Their serv- that succeeded in halting the tide of that Vietnam did. It was not even ice and sacrifices—as well as that of Soviet and Chinese expansion and in- called a war, as such, but was generally their families—are not forgotten. fluence, Korean war veterans won what referred to as a ‘‘police action,’’ or I ask unanimous consent that the many have seen as the first battle of ‘‘conflict.’’ The memorial dedicated on text of the Washington Post editorial, the cold war. the Mall today not only honors those ‘‘The Korean War: On the Mall,’’ from The experience of the Korean war for- who served and died in the Korean war, July 26 be printed in the RECORD. ever changed the nature of the super- it also gives them their proper place in There being no objection, the edi- power relationship as well as America’s our Nation’s collective memory. torial was ordered to be printed in the bilateral relations with its overseas al- The Korean war is significant in our RECORD, as follows: lies. In defending the democratic South history for many reasons, one of those THE KOREAN WAR: ON THE MALL Korean Government against the ag- being that it was the stage for the first A memorial to American veterans of the gression of the communist North, war in which a world organization—the Korean War (1950–53) is to be dedicated to- America won the friendship of a gov- United Nations—played a military role. morrow on the Mall across the Reflecting ernment committed to furthering It was a tremendous challenge for the Pool from the Vietnam Memorial. It de- American values and ideals. Today we United Nations, which had come into serves to be there, for ‘‘Korea’’ was a convul- look at South Korea as a important existence only 5 years earlier. We only sive but finally proud event in the tradition of the presidents honored on this hallowed ally and model of political, social, and recently commemorated its 50th anni- national ground. economic development. versary, so it is perhaps fitting that In Korea the United States led a score of Many have referred to the Korean the opening of the Korean Veterans nations successfully resisting what was pure war as the forgotten war because its Memorial coincides with that celebra- and simple Communist aggression. It was a significance has only been truly real- tion, since it was the United Nations’ moment in the history of freedom, and the ized after our eventual triumph over first major test. 54,000 Americans who died and the many oth- totalitarianism. With today’s dedica- The Korean war began on June 25, ers who fought there earned the benediction tion of the Korean War Veterans Me- in stone and steel now being bestowed. 1950, when troops from Communist- The Korean War can seem a grim and inev- morial by President Clinton and South ruled North Korea invaded South itable episode in the grinding global collision Korean President Kim Young Sam, the Korea. The United Nations called the of the Cold War. Yet at key moments it was sacrifices of the over 54,000 Americans invasion a violation of international anything but fated. Secretary of State Dean killed and the 1.5 million men and peace and demanded that the Com- Acheson simply erred when he said in Janu- women who served will finally be rec- munists withdraw from the south. ary 1950 that the Korean peninsula, divided ognized. The memorial will serve to After the Communists refused and kept by Washington and Moscow as World War II forever preserve a place of honor that fighting, the United Nations asked its closed, was outside the U.S. ‘‘defensive pe- these heroes have always deserved. Let rimeter.’’ A fortnight later Stalin, the So- members to provide military aid to viet Communist leader, instructed his envoy these America’s Korean war veterans South Korea. Sixteen U.N. countries to tell North Korea’s dictator, Kim Il Sung, never again be forgotten. sent troops to help the South Koreans, that ‘‘I am ready to help him in this matter’’ f and a total of 41 nations sent military of reuniting Korea. THE RYAN WHITE CARE equipment or food and other supplies. It was far from certain that the struggling REAUTHORIZATION BILL As we know, the largest share of U.N. American president, Harry Truman, would support for South Korea came from the reverse course and respond resolutely when Mr. MCCAIN. Mr. President, I rise to United States, and the greatest burden North Korea invaded in June. It was even congratulate the chairwoman of the less predictable that Gen. Douglas Mac- Committee on Health and Human Re- was born by American servicemen and Arthur, author of the Marines’ legendary In- women. China aided North Korea, and chon landing, would ignore the new Chinese sources, Senator NANCY LANDON-KASSE- the former Soviet Union gave military Communist government’s warnings and, BAUM, on the passage of the Ryan equipment to the North Koreans. tragically, end up fighting China too. White CARE Reauthorization act of The war went on for 3 years, ending With its evocative poncho-clad figures, the 1995. The act assures that AIDS-related on July 27, 1953, with an armistice new memorial captures the war’s signature services will be available to people in agreement between the United Nations of foot-soldiers trudging into endless com- big cities, small towns, and rural com- and North Korea. A permanent peace bat. Once the battle had gone up and down munities all across the country, it also the peninsula several times, the war sta- ensures that funding is provided for In- treaty remains an elusive goal as 37,000 bilized on the original dividing line but con- American troops to this day remain in tinued at dear cost—until the stalemate was dian AIDS victims. South Korea to discourage a resump- mutually confirmed, until North Korea ac- Some may recall that during the tion of hostilities. cepted the American insistence that its sol- original debate on the Ryan White In many ways, the Korean war set diers who were prisoners in the South would CARE Act in 1990, I, and several of my the pattern for future United States not be repatriated against their will. colleagues on the Senate Indian Affairs military efforts. It saw important inno- That the war ended not in World War II- Committee, offered an amendment to vations in military technology, such as type triumph but in anticlimatic armistice title II of the bill to ensure that Indi- has encouraged the notion that the outcome ans with HIV and their families were fighting between jet aircraft as Amer- was a compromise or even a defeat. But al- ican F–86’s battled Soviet-built MiG– though the aggressor was not unseated (the eligible to participate in the special 15’s. It was the first conventional war goal of Gen. MacArthur’s rollback strategy), projects of national significance. That that could have easily escalated to North Korea was repulsed and South Korea provision was accepted and as a result, atomic dimensions. saved. Time and space were bought for a hundreds of Indians with HIV, who The war unalterably changed the na- competition of systems in which the South would otherwise have had great dif- ture of superpower relations. The dra- came to exemplify democratic and free-mar- ficulty accessing services, have been matic American demobilization after ket growth, while North Korea stayed a served. World War II was reversed and the stunted and dangerous hermit state. If there Many in the Congress are not aware is yet a chance that things may go better, it United States has since maintained a is because the United States did what it had that in comparison to other popu- strong military force. Cold war ten- to in the war and then stayed the course, to lations, Indians are among the highest sions mounted, and some historians this day. at-risk populations for the HIV infec- argue that the war fostered dangerous f tion. In fact, the Centers for Disease ‘‘McCarthyism’’ at home. Control reported that in just 2 years, Hopefully, this moving memorial will KOREAN WAR MEMORIAL from 1988 to 1990, the number of re- help Americans of all ages come to bet- Mr. D’AMATO. Mr. President, I rise ported American Indian AIDS cases in- ter understand and appreciate the im- today to recognize the sacrifices of the creased by 120 percent in comparison to portance of the sacrifices made by many hundreds of thousands of Amer- an overall national increase of 35 per- those who fought and died during the ican servicemen who bravely fought cent. Unfortunately, this trend still

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10790 CONGRESSIONAL RECORD — SENATE July 27, 1995 continues. Today, the CDC reports that I will treasure most occurred this The sculptures and triangular ‘‘field of since the passage of the Ryan White morning at a breakfast I hosted for service’’ are one of three major elements in CARE Act in 1990, the number of Amer- Vermont veterans and Mr. Gaylord. the memorial. With an American flag at its These Vermonters came from all parts point, the field gently ascends to a shallow, ican Indian AIDS cases has increased circular ‘‘pool of remembrance’’ framed by a by approximately 351 percent. This is of the State. They came by airplane, double row of braided linden trees. There the largest growth rate of HIV in any they came by car, and they came by 14- also is a ‘‘memorial wall.’’ Made of huge population group nationwide. What is hour train ride. One group came after slabs of polished black granite, each etched equally alarming is that Indian women driving all night long. They came with with shadowy faces of support troops— in their first through third trimester of their families, their foxhole buddies, nurses, chaplains, supply clerks, truck driv- pregnancy were up to eight times more and by themselves. Most of these ers and so on—the 164-foot wall forms a sub- likely to be living with HIV than other Vermonters served in different units, tly dramatic background for the statues. High on the eastern end of the wall, where it rural populations of women. and many had not met before today. They came to Washington to stand for juts into the pool of water, is a terse inscrip- There is also a general misconception tion: Freedom is not free. that the health care needs of Indians hours in the terrible summer heat, all The memorial was designed by Cooper- with HIV are provided by the Indian to pay tribute to events that happened Lecky Architects of Washington—although, Health Service. That is not the case. over 40 years ago. in an important sense, the firm acted like What is not generally known is that I realized this morning, as these vet- the leader of a collaborative team, Impor- the IHS has an extremely limited ca- erans gathered in my office, that any tant contributions were made by Gaylord pacity, in funding and services, to pro- inconvenience suffered by travel or and Louis Nelson, the New York graphic de- signer of the memorial wall, and also by the vide the necessary and delicate care weather meant nothing to them. Their sense of duty to comrades past and Korean War Veterans Memorial Advisory often required by HIV victims. The act Board and the reviewing agencies, especially recognizes this by ensuring that Indi- present brought them to Washington, the Commission of Fine Arts. ans with HIV are not deprived of nec- and as long as there was life in their Not to forgotten are the four architects essary services. bodies they would come. The history from Pennsylvania State University who I know that the chairwoman and her books tell us that 46,246 Americans won the design competition back in the staff have labored long and hard to ad- died in the Korean war, that 103,284 spring of 1989—John Paul Lucas, Veronica, were wounded, and that millions more Burns Lucas, Don Alvaro Leon and Eliza dress the concerns of the Congress in Pennypacker Oberholtzer. This team dropped developing the Ryan White CARE Re- served. All of them are finally being recognized today. It is with humility out after it became apparent that its origi- authorization bill. As the chairman of nal design would have to be altered signifi- the Senate Committee on Indian Af- that I offer my profound gratitude to cantly to pass muster with the advisory fairs I would like to commend her for those who answered the call and gave board, reviewing agencies and others. The her continuing concern for the Nation’s so much to preserve freedom. team sued, and lost, in federal court. Indian population and the passage of Mr. President, I ask unanimous con- Key elements of the competition design re- main in the final product—particularly the this critical legislation. And I’m sure sent that recent Washington Post arti- cles about the Korean War Memorial be central idea of a column of soldiers moving she shares my hope, that one day soon toward a goal. But the finished product is a we will find a cure for this tragic dis- printed in the RECORD. There being no objection, the articles big improvement over the initial scheme. ease. But until then, it is the Congress’ were ordered to be printed in the It’s smaller and more accommodating—not responsibility to ensure that all indi- only was the number of soldiers cut in half RECORD, as follows: viduals with HIV receive the services (the original called for 38 figures), but also a [From the Washington Post, July 22, 1995] needed to cope with this devastating vast open plaza was eliminated in favor of illness on a day-to-day basis. Chair- A MARCH TO REMEMBER, MOVING MONUMENT the contemplative, shaded pool. It’s easier to TO KOREA VETERANS SURPASSES THE TOR- get into and out of—the clarity of its cir- woman KASSEBAUM has accomplished TURED HISTORY OF ITS DESIGN culation pattern is outstanding. Its land- this, and for that, she has my praise. (By Benjamin Forgey) scaping is more natural—among other f When the Korean War Veterans Memorial things, the original called for a grove of KOREAN WAR MEMORIAL is dedicated next Thursday—the 42nd anni- plane trees to be clipped ‘‘torturously,’’ as a symbol of war. The symbolism of the memo- DEDICATION versary of the armistice ending the war—vet- erans and their families will be celebrating rial is now simple and clear. Mr. LEAHY. Mr. President, the Ko- an honor long overdue. Still, Cooper-Lecky and the advisory board rean war was known as ‘‘the Forgotten They can also celebrate a work of beauty went through many versions, and many War’’ to some because it followed so and power. Given the tortured history of the heartbreaks, on the way to getting a design approved—and the finished memorial shows closely on the heels of World War II, memorial’s design, this seems almost a mir- acle. But there it is. Situated on proud sym- the strain of the long, contentious process. It and because it was in many ways over- bolic turf southeast of the monument to Lin- cannot be said that this memorial possesses shadowed by the divisive Vietnam con- coln, in equipoise with the Vietnam Veterans the artistic grandeur and solemnity of the flict. I never liked that expression, be- memorial to Lincoln’s north, the Korean me- Lincoln Memorial. It does not have the aes- cause I know too many people whose morial is a worthy addition to the national thetic unity of Maya Lin’s Vietnam Veterans lives were forever changed by Korea. I Mall. wall. It is not quite so compelling a combina- prefer to think that the Korean war Despite some big flaws, our newest memo- tion of the noble and the everyday as Henry not as a forgotten war, but as an rial is incredibly moving. And what could Merwin Shrady’s Grant Memorial at the have been its most glaring weakness—a col- other end of the Mall. But this is to put the unremembered war. For too many umn of realistically sculpted soldiers in com- new memorial in elevated company—to- years we ignored the great sacrifice bat formation—turned out to be its major gether with the Washington Monument, made by millions of Americans in a strength. Unheralded sculptor Frank Gay- these are our finest expressions of memorial rugged land far away from our shores. lord of Barre, Vt., created 19 figures that are art. To say that the Korean War memorial As of today, the Korean war is convincing individually and as a group. even comes close is a tribute. unremembered no longer. It is a case of art rendering argument su- Without question, its worst feature is a se- This afternoon I was honored to at- perfluous. There were obvious dangers in the quence of parallel strips of polished black tend the dedication of the new Korean concept of a memorial featuring a column of granite in the ‘‘field of service.’’ Unattrac- battle-ready soldiers. If excessively realistic, tive and unneeded, they threaten to reduce War Memorial, and it is a worthy addi- they could be off-putting. If strung out in the soldiers’ advance to the metaphorical tion to our Nation’s Capital. The me- too orderly a row, they could be deadeningly level of a football game. And on one side of morial is centered around 19 haunting static. And yet, if inordinately animated, the field, they end in obtrusive, triangular statues created by Vermont sculptor they could be seen as glorifying war. Indeed, blocks of granite, put there to discourage Frank Gaylord. His depiction of tired in one of Gaylord’s early versions, they came visitors from walking onto the granite rib- American soldiers marching in a loose perilously close to doing just that. bons. The junipers may in time cover the formation toward a common goal man- But in the end, none of this happened. strips—at least, one can hope—but these Placed dynamically on a triangular field of bumps, unfortunately, will remain bumps. ages to capture perfectly the heroic low juniper shrubs and cast in stainless steel The wall gets a mixed review. A clever if qualities of our soldiers without glori- at a scale slightly larger than life, these somewhat shameless adaptation of Maya fying war. gray, wary troopers unself-consciously invite Lin’s idea—with faces rather than names While I was moved by the memorial the empathy of all viewers, veteran and non- etched in—it honors support troops, who al- and the ceremony today, the moments veteran alike. ways outnumber those on the front lines. It

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10791 is beautifully made. The heads are real ones [From the Washington Post, July 23, 1995] manded the defense of Seoul during the war, from photographs in Korean War archives, OUT OF HISTORY, ONTO THE MALL, KOREAN will lead the South Korean delegation, which digitally altered so that the light source is WAR MEMORIAL TO BE DEDICATED will include about 400 veterans. always coming from the direction of the flag. (By Anthony Faiola and Lena H. Sun) Among the other highlights of the week’s The etching is wonderfully subtle: The faces events is a troop muster of war veterans— seem to float in a reflective gray mist. The In the nation’s capital, the forgotten war only the second such mass gathering of wall tugs the heartstrings, for sure, but it’s is forgotten no more. troops in U.S. history—that will be ad- The $18 million Korean War Veterans Me- also a bit obvious, a bit much. It has the feel dressed by the Joint Chiefs of Staff. morial opens Thursday on the National Mall, of a superfluous theatrical trick. In the Korean American community have honoring the men and women who fought in Fortunately, the wall does not interfere criticized South Korean participation in the an international conflict many Americans too much with the sculpture, which from the memorial, however. Of the $18 million raised still view as an afterthought, lost between beginning has been the primary focus of this in private money, nearly $3 million came the scope of World War II and the upheaval memorial. It was an extraordinary challenge, from U.S. subsidiaries of South Korea’s larg- of Vietnam. one of the great figurative commissions of est companies, including $1 million each The stoic arrangement of stainless-steel the late 20th century, and Gaylord came from Samsung and Hyundai. through. To walk down from the Lincoln Me- statues, a mural wall and a circular reflect- Richard Nahm, an interpreter who writes morial and catch a first, apparitional ing pool officially takes its place as the fifth for Korean-language newspapers published in glimpse of the soldiers, as they stalk from major memorial on the Mall, southeast of the United States, said the South Korean under the tree cover, is quite a thrill. Even the Lincoln Memorial and across from the government should pay more attention to from a distance and from the back, the gray Vietnam Veterans Memorial. It arrives after domestic problems, such as polluted drink- figures are compelling. seven stormy years of lawsuits and concep- ing water and the recent collapse of a Seoul And, as choreographed on that field, they tual bickering that almost doomed the department store that killed 450 people, in- become more compelling the closer you get project. until, with a certain shock, you find yourself ‘‘This is not a graveyard or a glorification stead of encouraging companies to con- standing almost within touching distance of of war,’’ retired Col. William Weber, 69, said tribute to a memorial that primarily honors the first figure; a soldier who involves you in as he surveyed the 19 statues of white, black, U.S. war dead. the movement of the patrol by turning his Korean and American Indian soldiers that A spokesman for the South Korean Em- head sharply and signaling—Beware!—with make up the core of the memorial. When re- bassy dismissed the criticism. South Korea the palm of his left hand. He is a startling, flected in the black granite mural wall, their had considered canceling Kim’s trip to Wash- daring figure and, with his taut face and that numbers double to 38—symoblizing the 38th ington because of the department store col- universal gesture of caution, he announces parallel established as the border between lapse but decided to proceed because the the beginning of a tense drama. North And South Korea in 1945. visit had been long planned, he said. It is an old device, familiar in baroque ‘‘It is a remembrance of a group of vet- The memorial reflects the primary role of painting and sculpture, to involve the viewer erans who have fallen into their twilight U.S. ground troops, featuring seven-foot directly in the action by posture, gesture, fa- years and who are still tragically forgotten statues of combat-ready soldiers as one of its cial expression, Gaylord adapted it master- by too many people’’ in this country, said key elements. The soldiers are spread over a fully here: The figures look through you or Weber, who lost his right arm and leg to a field of juniper bushes. Behind them is a 164- over your shoulders, enveloping the space be- hand grenade in Korea and is among those foot wall with the faces of nurses, cooks, yond the memorial with their eyes. The air veterans who doggedly lobbied for the memo- chaplains, other support troops and even the fairly crackles with the vitality of danger. rial. canine corps. The photographic images were The soldiers communicate tersely among More than four decades after the war culled from Korean War archives and sand- themselves, too—in shouted commands or ended, organizers of the memorial are trying blasted onto the black granite. entreaties, and subtly connected gestures to make up for the lack of public recogni- Opposite the mural are the names of all and glances. tion. There will be six days of ceremonies the countries that served under the U.N. The most critical contact, though, may be and events, beginning tomorrow, to honor command. The field slopes up to a circular that first one, between the visitor and that America’s 5.7 million Korean War-era vet- ‘‘pool of remembrance.’’ initial soldier. His mouth is open—you can erans and those from the 21 other countries The Korean War Veterans Memorial didn’t almost hear him hissing an urgent command. who served under the banner of the United come easily. You slow down, and then you behold the field Nations command in Korea. Its creation was rooted in the frustrations before you. There is fatigue and alertness ev- The three-year Korean War was an incon- of a group of Korean War veterans, including erywhere you look. Each figure and each face clusive, bloody conflict, the first modern war members of the 25th Infantry Division, that is as charged as the next. Appropriately, the in which the United States had to accept a in 1985 made a pilgrimage to Seoul to con- gray metal surfaces are not polished and compromise solution in the form of an armi- front their ghosts, said Dick Adams, past shined. Gaylord’s rough treatment of the stice agreement. The conflict intensified the president and a board member of the Korean matte surfaces adds to the nervous intensity Cold War mentality, destroyed Korea and so- War Veterans Association Inc., which was of the piece. lidified the divisions between North and founded in 1985. It is quite a feat to give such figures such ‘‘We were not like the vets of Vietnam,’’ a feeling of movement—they’re only walk- South Korea. More than 54,000 U.S. military personnel Adams said. ‘‘We were the forgotten people ing, after all, and they’re carrying heavy of a forgotten war, and we weren’t ready to burdens. But Gaylord performed that feat, 19 and more than 58,000 South Korean military personnel died in the war, according to the let ourselves go down in history in that times—he proved himself a master of way.’’ contrapposto, and other time-honored sculp- U.S. Army Center for Military History. Mil- The group was further stirred to action a tural technique. Underneath the gray pon- lions of Korean civilians perished; virtually year later when the Vietnam Veterans Me- chos and the weight of the stuff on their every Korean family was affected. morial was dedicated. On Oct. 28, 1986, their backs, these figures twist from hip to shoul- For many ordinary Americans, the conflict efforts paid off: President Ronald Reagan ap- der and neck. Some shift dramatically, some is best known because of the adventures of proved a resolution authorizing the Amer- just enough, so that the ensemble takes on Hawkeye and Hot Lips in the popular movie ican Battle Monuments Commission to erect an extraordinary animation. Every gesture and television series ‘‘M*A*S*H’’ two decades a Korean War Veterans Memorial on the seems perfectly calculated to reinforce the later. But during the war, there was little Mall. irony. These ghostly soldiers in their wind- front-page coverage. When the soldiers re- blown ponchos seem intensely real. turned home, they slipped back into society. The generosity of the private sector in do- Dedicated to the concepts of service, duty There were no parades, no celebrations. nating money was challenged by setbacks, and patriotism, the new memorial stands in ‘‘I came back on a Friday, and I started however. sharp contrast to its companion across the back up at work the following Monday,’’ said An initial design contest was won in 1989 Reflecting Pool. But the Korean and Viet- Raymond Donnelly, 67, of Arlington, a ma- by four professors from Pennsylvania State nam memorials make a complementary, not chine-gunner with the 24th Infantry Division University. They sued the federal govern- a contradictory, pair. In honoring the sac- who spent 10 months on the front line before ment and lost after the design was altered by rifices of soldiers in Vietnan, Lin’s great V- returning to a printing apprenticeship in D.C.-based Cooper & Lecky Architects, the shaped wall invokes a cycle of life and death, Massachusetts. architects of the Vietnam memorial. and physically reaches out to the Mall’s President Clinton and South Korean Presi- The memorial was reconfigured. The num- symbols of union and democracy. dent Kim Young Sam, who is arriving on a ber of statues was cut from 38 to 19. Instead The Korean War Veterans Memorial is state visit Tuesday, will preside over the of lining up in a single file, for easy visitor more straightforward, and speaks directly of dedication of the memorial Thursday, the access, the larger-than-life statues were a specific time and place. Yet it attains an 42nd anniversary of the armistice. Officials placed in a field of juniper bushes to create unmistakable universality of its own. Gay- are expecting a crowd of about 100,000 many the air of rough terrain and to remove them lord’s soldiers (and Marines and airmen) of them Korean War veterans and their fami- from the public’s reach. served in Korea, yes. But they also stand lies, as well as representatives of the coun- The memorial will be open to the public at unpretentiously for the common soldiers of tries that fought under the U.N. command, 4 p.m. Thursday and will remain open 24 all wars. Retired Gen. Chang Pae Wan, who com- hours a day. Organizers say the wait will be

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10792 CONGRESSIONAL RECORD — SENATE July 27, 1995 long for those who wish to visit the memo- Under the current congressional gift travel, no contribution to the defense rial immediately because of the large crowd rules, Members and staff are free to ac- funds, no fruit basket, no nothing. expected at the dedication. cept gifts up to $250 from anybody, in- That is fine with this Senator, and I By last week, the advisory board was re- cluding lobbyists. Gifts under $100 do doubt many Senators partake in that ceiving about 2,000 telephone calls an hour because of overwhelming interest in the me- not even count. So we are free to ac- in any event,’’ the majority leader morial and related events, a spokesman said. cept an unlimited number of gifts from said. And other Senators made similar For local veterans, such as Donnelly, the anybody as long as they are worth less statements of their commitment to the memorial will be a final resting place for his than $100 in value and we do not even quick enactment of strong gift rules. memories. Besides the fear and the fighting, have to disclose them. And meals do On October 6 of last year 38 Repub- there is the food that Donnelly will always not count either. They are unlimited, lican Senators cosponsored a resolu- associate with the war: the Spam, Babe Ruth regardless of their dollar value, and do tion, Senate Resolution 274, to adopt a candy bars, black olives and saltine crackers not have to be disclosed either. Mem- new tough gift rule included in the con- he and other soldiers devoured when they were not on the front line. bers and staff are free to travel to rec- ference report that I referred to on S. His most enduring the memory is of the reational events such as golf, tennis, 349. bone-chilling winter cold, when tempera- and ski tournaments. The bill before us today contains tures often plunged well below zero. That is the status quo. That is busi- these same rules changes that the vast ‘‘That’s why I say the first miserable rot- ness as usual. It simply is not accept- majority of us voted for just a year ago ten night we have here, when it’s cold and able anymore. The public has lost too in May 1994, and said that we still sup- rainy and snowy,’’ Donnelly said, ‘‘I want to much confidence in Congress. More port it last October. go down [to the Mall] and walk through than half of the American people sur- So now we are going to be put to the those statues, because that’s what it was test. If we really mean what we said like.’’ veyed think that decisions in Wash- last May and again last October, did we The PRESIDING OFFICER. The Sen- ington are made by special interests. The other day we adopted lobby re- mean it when we said we wanted to put ator from Michigan. form, which is the first of three major an end to the unlimited meals and Mr. LEVIN. Mr. President, what is steps that we must take in the area of tickets and recreational travel, or is it the pending business? political reform to help restore public going to be business as usual in this The PRESIDING OFFICER. We are in confidence in this institution. town? morning business, I believe. The next two steps are bigger steps. The issue here is whether we can If there is no further morning busi- One relates to gifts and the other re- even go out to dinner with lobbyists. ness, morning business is closed. lates to campaign finance reform. Last The question is who is paying? Who is f year, when we debated this gifts bill, paying for the theater tickets? Who is CONGRESSIONAL GIFT REFORM we had Washington restaurants telling paying for the tickets to ski slopes? ACT OF 1995 us that if lobbyists could not take This issue and related issues have Members out to meals, the restaurants been thoroughly debated over the last The PRESIDING OFFICER. The Sen- in Washington, a lot of them, would few years. It came close last year, and ate will now resume consideration of S. close. People were saying that the Ken- we are coming close again this year. 1061 which the clerk will report. nedy Center would go under if lobbyists This issue is not going to go away until The bill clerk read as follows: could not buy tickets for Members of we do the right thing. The issue will A bill (S. 1061) to provide for congressional Congress. not go away until we enact new, tough gift reform. What a terrible indictment that all gift rules. The issue will not go away The Senate resumed consideration of would be, if it were true. Can it really until the gifts go away. the bill. be that we accept so many free meals We do not need these gifts. We ad- Mr. LEVIN. I thank the Chair. S. 1061 and tickets that entire industries are dressed this bill in the spirit in which is the so-called Congressional Gift Re- dependent upon our continuing to ac- we ran for office. We are going to do form Act; is that correct? cept such gifts? I hope not. And I be- what the public wants us to do, and The PRESIDING OFFICER. That is lieve not. that is to get this issue behind us once correct. S. 1061, which is the gift reform bill and for all with strong, new gift re- Mr. LEVIN. Mr. President, I am now at the desk, contains tough new form. pleased we have now returned to the congressional gift rules that were in- Mr. President, later on this afternoon gift reform issue, and before us is the cluded in last year’s lobby disclosure I expect that an amendment is going to congressional gift reform bill which bill. This bill, our bill, would prohibit be offered in the form of a substitute. has been cosponsored by Senators special interests from paying for free This substitute will bring us even clos- COHEN, GLENN, WELLSTONE, LAUTEN- recreational travel, free golf tour- er to the executive branch rule on BERG, FEINGOLD, BAUCUS, and MCCAIN. naments, tennis tournaments, ski holi- gifts. That rule is pretty simple rule— I ask unanimous consent Senator days, and put an end to unlimited foot- no gifts over $20 and few aggregate BINGAMAN be added as a cosponsor of ball, basketball, and concert tickets. gifts even under $20 so that you cannot the bill. Members of this body will no doubt accept anything over $50 total from one The PRESIDING OFFICER. Without remember, just as the public will no source in 1 year. That is the executive objection, the request is agreed to. doubt remember, just how close we branch rule. It has worked. It is simple. The Senator from Michigan has the were to resolving this issue in the last It is understandable. And that is what floor. Congress, when the conference report will be in the substitute. It is going to Mr. LEVIN. I thank the Chair. Was on S. 349 was killed by a last-minute be a simpler approach than is in the my unanimous consent agreement rel- filibuster. At that time, the opponents underlying bill because the substitute ative to Senator BINGAMAN adopted? of the conference report raised a num- will not make a distinction between The PRESIDING OFFICER. Yes, it ber of substantive concerns relating to whether or not a gift, food, whatever is was. the lobbying reform portion of the bill, received here or back home. The under- Mr. LEVIN. Mr. President, this bill which we now have successfully ad- lying bill made that distinction be- will put an end to business as usual dressed in separate legislation. How- cause it took a slightly different ap- when it comes to gifts that come to ever, the opponents of the bill at that proach on the basic issue of what gifts Members of Congress and to our staffs time stated strongly and repeatedly are acceptable. and employees. It will end the so-called that they had no objection whatever to But the substitute which will be of- recreational trips for Members who the gift provisions in the bill. Those fered makes no distinction between play in charitable golf, tennis, and ski- are the same gift provisions that come whether the gift comes from lobbyists ing tournaments. It will put an end to before us today. or nonlobbyists. It is a $20 rule the way the meals paid for by lobbyists and As a matter of fact, the majority it is in the executive branch. others, put an end to the free tickets to leader, Senator DOLE, stated that he So you do not need those kind of dis- sporting events, concerts, and theater supported the gift ban provision. ‘‘No tinctions because of the simplicity of events. lobbyist lunches, no entertainment, no the rule, and the fact that it has

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10793 worked in the executive branch. And it It will be a slow process. But the gift ban is Mr. President, I urge my colleagues is an effort to pattern our rules more an important step towards getting Congress’ to vote in favor of the gift reform bill. closely to the executive branch rule, house in order. Mr. LOTT. Mr. President, I suggest and to make it simpler so that we do Mr. President, I am going to conclude the absence of a quorum. not have distinctions as to whether or at this point by simply reiterating one The PRESIDING OFFICER. The not the person giving the gift has been point which I think is the central truth clerk will call the roll. registered, which requires them to of the substitute amendment which is The assistant legislative clerk pro- keep track of everybody who is reg- going to be adopted. It basically adopts ceeded to call the roll. istered on a computer as a professional the approach used in the executive Mr. BROWN. Mr. President, I ask paid lobbyist. branch. They have lived with it. It unanimous consent that the order for It does not make the distinction be- works. I think we can live with it. And the quorum call be rescinded. The PRESIDING OFFICER. Without tween whether or not the gift is here or after we do, and after we get used to it, I think we are all going to feel that not objection, it is so ordered. back home. That is the distinction Mr. BROWN. Mr. President, at the which is difficult for many people in only are we better off but that this in- stitution will reclaim some of the sup- appropriate time I will offer as an different States. Those distinctions are amendment the measures which were not in this amendment which will be port which has been lost in the public. Gifts are not the only reason that we adopted earlier this week in the lob- offered in the form of a substitute. In- bying reform bill. Those lobby reform stead, this is a simple, clear underlying have lost some of that public support. There are a number of reasons for it. amendments dealt with loopholes in executive branch approach—no gift But this is one of the number of steps our disclosure. under $20; gifts under $20 are aggre- which we can take in order to increase Currently, there are a number of gated. They count so that you cannot public confidence in this institution loopholes in our disclosure procedure. take more than $50 in any one year. which we have all sworn to uphold. Two of them were plugged by amend- That is what the executive branch Mr. President, I yield the floor. ments to the lobbying reform bill, and does. Mrs. MURRAY. Mr. President, on it is my intention to offer those two Obviously, with the exceptions that Monday of this week, the Senate amendments as rules changes for the we have in here for close personal unanimously voted to enact strict lob- Senate. They are pretty straight- friends, for doughnuts, coffee, memen- bying reforms. That vote signaled the forward. tos, caps, hats and the little things intent of this body to listen carefully One is to change reporting cat- which we get of nominal value, those to the concerns of the American peo- egories. Right now reporting categories continue. They are in the underlying ple. Today we have an opportunity to cap out at $1 million, so an asset that bill. The substitute will not touch act on another reform measure—the might be worth $50 or $100 million is re- those exceptions. We have lots of ex- gift ban. ported as simply being worth over $1 ceptions in the current rules. It is not This bill, which was introduced by million. My rule change would simply anything novel to have 15 or 20 excep- Senators LEVIN, COHEN, and allow for a more complete disclosure of tions to the general rule because that WELLSTONE, seeks to prohibit Members the asset value by creating some new is what we have in the current rules to and staff from receiving gifts. Simply, categories: $1 million to $5 million, $5 take care of getting a pen from some- Members and staff will not have the op- million to $10 million, $10 million to $25 body. If you go to a VFW hall and portunity to accept meals, privately fi- million, $25 million to $50 million, and somebody gives you a pen, that is ac- nanced trips, contributions to legal de- assets above $50 million. There is no ceptable under the current rule. That fense funds, or any other gifts from magic in those numbers. They are is acceptable under the underlying bill. lobbyists. That does not seem like an purely arbitrary. They are simply That continues to be acceptable under unreasonable request to me. The Amer- meant to give a little more accurate the substitute. Those exceptions that ican public has called for an end to disclosure in terms of the asset value. are set forth in this underlying bill business as usual in Washington, and The second amendment will be com- which has been pending before us for a this is a big step on the road to reform. bined with the first and will deal with long time and were before us last year In the last Congress, the Senate the loophole of the qualified blind continue in the substitute. voted overwhelmingly to pass a vir- trust. Currently, the law and the rules I have worked to help craft that tually identical gift ban bill. Unfortu- in effect allow Members who have a amendment in the form of a substitute. nately, it was killed by a filibuster. qualified blind trust to be advised of And I support it. I think it is strong, But the need to adopt these reform the net cash value of that blind trust tough gift reform. It has some advan- measures has not diminished. There is but do not require disclosure of that tages in terms of being simpler and strong support from the public. There value. The rule change simply indi- more understandable with fewer dif- is strong support from the Congress. cates that in the event the trust in- ficulties in terms of administration be- And there is an unquestionable need to strument provides for the beneficiary cause it does not require the mainte- take this action. or Member to be advised of the value nance of the record on the thousands of Mr. President, this debate is more they have in a qualified blind trust, registered lobbyists that hopefully will than banning gifts—which clearly is then that has to be reported. register under our new lobbying reg- long overdue. It is about restoring the These are two important changes be- istration law. faith of the American public in the po- cause they will give a much more com- Again, it eliminates that distinction litical process. We need to remember plete picture, and, frankly, they will which is difficult for many depending that we are here as representatives of apply the same rules to people who are on what State they live in to make the our constituents. That we were elected not wealthy enough to afford a blind differential between receiving some- to work for the interests of our neigh- trust or a separate trustee; it will thing back home and receiving some- bors, not receive gifts from special in- apply the same disclosure practices to thing in the adjacent State. terests. We must put ourselves in the people who can afford an independent Let me close by repeating some por- shoes of our neighbors. Would they be trustee and those Members who are not tions of editorials which succinctly asked out for free lunches? Would they wealthy enough to have an independent state the problem that we face and be offered all expense paid trips to trustee and qualified blind trust—sim- hopefully the solution which we are speak? When we can look our neighbors ple equity, simple fairness in applying going to achieve this afternoon or to- in the eye, and know that we do not the same rules to all Members of this morrow. have special privileges, then we are on Chamber, whether wealthy or not From the Detroit Free Press of May the correct path to reform. wealthy. 13: The time has come to pass this long It seems to me, while we are all hope- overdue measure. We must have real ful of lobbying reform, adding these We do not believe that most Members of Congress are inherently corrupt or readily reform to help preserve the integrity of changes to the Senate rules will assure corruptible, but the role of special interests the process. We must have real reform these important reforms are adopted in Washington has become so troubling that to help restore the faith of the Amer- regardless of what happens to the lob- Congress simply must set higher standards. ican people. bying reform bill.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10794 CONGRESSIONAL RECORD — SENATE July 27, 1995 I yield the floor, Mr. President, and I had received from the Marine Corps zine, who was also a marine in Korea. note the absence of a quorum. and the competence that each of them It was a wonderful book talking about The PRESIDING OFFICER. The had. the coldest war. clerk will call the roll. As we dedicated that memorial The hero of the book was JOHN The assistant legislative clerk pro- today, one asked oneself: What is being CHAFEE, a captain in the Marine Corps ceeded to call the roll. achieved here? It seems to me we all during the Korean conflict. And James Mr. CHAFEE. Mr. President, I ask have to remember that those who died Brady, who still writes for Newsweek, unanimous consent that the order for were young and they had no wives; could not cover his respect and admira- the quorum call be rescinded. they had no children; they had nobody tion for his superior in that war, JOHN The PRESIDING OFFICER. Without to remember them. And so we look on CHAFEE. And I would recommend to all objection, it is so ordered. the memorial as a way of remembering the Members of the Senate to read that Mr. CHAFEE. Mr. President, I ask those who did not have the benefit of book about the Korean war. that I might proceed as if in morning their own families to remember them. It is important that there has been business for the next 10 minutes. So we are all their families. That is the attention focused on this conflict as a The PRESIDING OFFICER. Is there way we recall those who served there. result of our dedicating that memorial objection? Without objection, it is so I think one of the points that came today. It is a war that a lot of us do not ordered. from the talks today struck home with understand what a difficult war it was. f me, both from President Kim of Korea In Korea, 1 out of every 9 men that went to Korea lost their lives; in the KOREAN WAR MEMORIAL and President Clinton. They stressed that what took place in Korea was that Second World War, 1 out of 12; the Mr. CHAFEE. Mr. President, like for the first time in the postwar years Vietnam conflict, 1 out of 19. It was a many others, I had the privilege this the surge of communism was stopped place where, if you pick a place not to afternoon to go down to the mall for and a line was drawn. The President of have a war, you would go to Korea the dedication of the Korean War Me- Korea said that this was the start of where they fought the war. It was these morial, and it was an extremely im- the falling of the Berlin Wall. Sure, very big mountains, coldest weather pressive ceremony. that came many years after, but this you can imagine. I urge any who might have the oppor- was what started it all. So it made it So, I say to my friend from Rhode Is- tunity to visit that memorial to seize all seem very, very worthwhile. land that, on behalf of the U.S. Senate upon that opportunity. There are a se- So, Mr. President, I urge all who do and the people of America, I extend my ries of figures, 19 in all, I believe, in a have an opportunity to avail them- appreciation to you. You are what is very haunting memory of what took selves of the opportunity to visit that good represented in this country. You place in Korea. Each of the figures has memorial. There is an eeriness to it, have dedicated your life to public serv- a poncho, while they are soldiers, ma- but I think that is correct. I think it ice. You have dedicated your life on rines advancing in a loose formation, will bring back for those who have been two occasions to serving your country and I think the way the figures are de- to Korea many memories, and for those in uniform. And you did it very val- signed it gives an impression of the cli- who have not, it will bring to their at- iantly, for which I am and the rest of mate of Korea, the arduousness of the tention the fact that more people lost the American public are grateful. climate. It brings back memories of their lives in Korea in those short 3 Mr. CHAFEE addressed the Chair. the very coldness that was in Korea in years, than did in the entire Vietnam The PRESIDING OFFICER. The Sen- the winter, and in the summer the ex- war, which lasted some 10 years. And I ator from Rhode Island. treme heat that took place there. think it is so fitting that at last we do Mr. CHAFEE. Mr. President, I want It was my privilege to serve in Korea have a memorial for that war. to thank the distinguished Senator in the summer of 1951, the fall of 1951, Mr. REID addressed the Chair. from Nevada for his very generous the winter of 1951 and 1952, and during The PRESIDING OFFICER. The Sen- comments. I appreciate those. I would that time I had the opportunity to ator from Nevada. say that it was very nice of Jim Brady serve as a rifle company commander in Mr. REID. Before the Senator from to say the things he did about me in the Marines in D Company of the 7th Rhode Island leaves the floor, I would his book. But, as in all circumstances, Regiment of the 1st Marine Division. like to say a few words. I was just pass- there are plenty there who did a lot We were defending the steep hills in ing through the Chamber when I heard more than I did. the eastern section of Korea. the distinguished Senator from Rhode So, again, I thank my good friend What are some of the memories that Island speaking. from Nevada, whom we are very privi- I have of those days? First, Mr. Presi- I had on my schedule to go to the leged to have on the Environment and dent, what comes to memory is the ex- ceremony today, but there was a full Public Works Committee. It is an in- treme competence of the young ma- Appropriations Committee markup of teresting book. It does portray, I rines with whom I was serving. I guess two bills, so I was unable to do that. think, so well the harshness of the cli- I was old compared to them; I was 27 at But I think it would be wrong if I did mate, which the Senator from Nevada the time, and these young enlisted not say something about my feelings just talked about. And that was men, most of them were 19 or 20 years toward the Senator from Rhode Island brought home in statues that are there old. But what struck me was not only based upon his experiences as a marine of these figures. These figures are not their ability to endure extreme hard- in both the Second World War and, of marching smartly forward. They are ships, whether the hardships of the course, the Korean war. covered with their ponchos. They are march or the hardships coming with I have expressed briefly to the Sen- trudging with their heads down. I was the dangers that were involved, or the ator on another occasion the experi- there today looking at it. And if there hardships of the coldness and the heat ence I had of reading a book. I was is one thing I must have said 1,000 that I just described, but also the com- Lieutenant Governor of Nevada, and times—when you have these units, you petence that they displayed. during the time that I was Lieutenant say to them constantly, ‘‘Don’t bunch When you said to a young group of Governor, the Governor of Nevada, up. Don’t bunch up.’’ There is some- six Marines, the oldest being 20 years Mike O’Callaghan, was a Korean war thing about marines when they are old, that they were to take a patrol veteran who lost a leg and was severely marching. They want to get together. down in front of our lines, go deep wounded in other ways. Governor And of course, that increases the down, cross the river, go up on the O’Callaghan was also my high school chances of more people being injured other side and scout out the enemy ter- government teacher. So, I had a tre- when mortars and artillery come ritory, they listened carefully, and ab- mendous curiosity about that war. And along. So you try to keep them spread sorbed their instructions to carry them I saw a book review of a book on the out. And I could see myself saying to out without a phrase of objection or Korean war called ‘‘The Coldest War.’’ these groups, ‘‘Don’t bunch up.’’ I will reticence or fear. And all of that re- It was the first real definitive work on say this, the figures were apart. But I flected I think not only on their back- the Korean war, written by James could just hear myself saying, ‘‘Spread ground but the wonderful training they Brady, a reporter for Newsweek maga- out. Spread out.’’ So they are fairly

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10795 well spread out. It is a very moving exposed to—its more contentious as- Our bill provides that no more than 9 memorial. Again, I urge everybody to pects. As a result, sometimes we see it percent of appropriated funds go to ad- go down and take a look at it when less clearly. We debate whether we ministrative functions, and it defines they can. have a common culture and if so, what two basic grant categories: 40 percent I thank Senator REID for his kind it is and who it represents. earmarked for grants of national sig- comments. Federal support for the arts is a case nificance and 60 percent allocated for Mr. LEVIN addressed the Chair. in point. Most federally supported arts grants to the States. A portion of the The PRESIDING OFFICER. The Sen- projects promote mainstream excel- States’ grants would be dedicated to ator from Michigan. lence and the widest possible public en- strengthening primary and secondary Mr. LEVIN. Mr. President, while my joyment. education in the arts. friend from Rhode Island is on the But by allocating tax dollars to a few It is very important that we go into floor, I, too, was stuck here and could outrageous and patently offensive our schools, and have an appreciation not get to the dedication of the memo- projects that claimed to have cornered shown for our young people in the arts rial this afternoon. I felt terrible not the market on American culture, the and our American culture. Humanities being able to be there because I really National Endowment for the Arts has and museum activities would be cov- had planned to be there and wanted to managed to alienate legions of Ameri- ered by our bill. We put special empha- be there. One of the reasons I wanted cans—voters and policymakers alike. sis on communities which for geo- to be there was because of our col- Its excesses have led many to conclude graphic or economic reasons cannot leagues who fought, for whom I have that Federal support for the arts otherwise sustain arts, and arts edu- such enduring respect. And as that me- should be terminated. That, I believe, cation programs. morial reminds each of us of the sac- would be an unfortunate policy, one Let me make this very clear: Our bill rifices of those who fought in Korea, we that would dim the light of American prohibits any money appropriated also have to count our blessings for culture to an even greater degree. under this act from being used to fund those who survived Korea. And one of Committed as I am to a balanced projects which violate standards of those blessings is JOHN CHAFEE. Federal budget, I think that Federal common decency. Nor may any of these Mr. CHAFEE addressed the Chair. funding for the arts and humanities resources be used, directly or indi- The PRESIDING OFFICER. The Sen- should be continued as a national pol- rectly, for lobbying. Arts funding goes ator from Rhode Island. icy to preserve an American heritage— to institutions and organizations not Mr. CHAFEE. Well, Mr. President, I if we can return to our original purpose individual artists. did not start this. I did not start this in creating these programs, and if we In our bill, we focus on account- this afternoon, for this particular rea- can ensure that no more Federal funds ability, on ensuring that allocations son. But I do want to thank the distin- end up in the hands of those who are are cost effective—and that they are guished Senator from Michigan for his willfully offensive. made in a way that emphasizes merit Our bill redirects Federal support for very, very kind comments. And I ap- and excellence. the arts, humanities and museum ac- preciate it. Thank you, Mr. President. The thrust of this bill is to conserve tivities away from the self-indulgently I suggest the absence of a quorum. and showcase our State and national The PRESIDING OFFICER. The obscene and the safely mediocre and treasures, those great cultural institu- clerk will call the roll. toward the creation and support of tions that are our legacy to our chil- The assistant legislative clerk pro- community-based programs. By this I dren—our world class museums, librar- ceeded to call the roll. mean locally and regionally based the- ies, dance companies, orchestras, the- Mrs. HUTCHISON. Mr. President, I ater, dance, opera and museums. ask unanimous consent that the order To accomplish this we propose com- ater companies, and university presses. for the quorum call be rescinded. bining the National Endowment for the With the financial support of private The PRESIDING OFFICER (Mr. Arts, the National Endowment for the donors, and of the States and the Fed- THOMAS). Without objection, it is so or- Humanities and the Institute of Mu- eral Government, these intellectual dered. seum Services into one agency. This and cultural power centers will have Mrs. HUTCHISON. Mr. President, I new joint endowment would devolve as the potential to spin off a host of other ask unanimous consent that I be al- much of its decisionmaking authority creative activities that will enrich the lowed to speak for 15 minutes as if in as possible to the States—and to the lives of all of our people. morning business. people whose tax dollars support it. Our country will benefit—culturally, The PRESIDING OFFICER. Without The new endowment would continue spiritually, and economically—from objection, it is so ordered. to make direct grants to support na- appropriately delineated Federal sup- f tionally significant endeavors in the port for the arts. Americans rightly de- arts and humanities. However, the bulk mand an end to obscenity and outrage, FEDERAL FUNDING FOR THE ARTS of public resources would go directly to but not withdrawal of all government AND HUMANITIES the States to promote greater access to support for the cream of our culture. Mrs. HUTCHISON. Mr. President, the arts in our schools and commu- There are those who argue that all Senator BOB BENNETT and I introduced nities, to continue worthy public cultures—and all levels of culture—are a bill yesterday that redefines the Fed- projects in the humanities and to equal, and that there is no real Amer- eral role in providing assistance to the strengthen local museums. ican culture at all, but rather only an arts. The consolidation we propose would amalgam of diverse cultures. We believe there is an excellent case streamline the existing endowment ap- But this deliberate balkanization of to be made for continued Federal arts paratus. This new endowment would be American culture ignores our singular and humanitiies funding. But past ex- headed up by three deputy directors— heritage which has drawn from many perience has shown clearly that the one each for the arts, for the human- sources to create a body of American role of the Federal Government in ities and for museum services. The cur- arts and letters what is uniquely our artisitic endeavor must be focused on rent 52-member advisory board would own. E pluribus unum—out of many, more citizen involvement—and more be replaced by a national council com- one. It is a living tradition worth sus- common sense. prised of 18 members selected for their taining. At the heart of this bill we have in- knowledge and achievements. Six Mr. President, I believe that the bill troduced is a belief that culture would be chosen by the Senate, six by we have presented today contains a for- counts. Mr. President, the students on the House, and six by the President. mula for arts funding—and the encour- Tiananmen Square in 1989 who created One of the primary objectives of this agement of our native culture—that a statue of freedom in the likeness of bill is to reduce the size of the existing can regain the confidence and support out Statue of Liberty had no difficulty endowment bureaucracy in Wash- of the American people. identifying the unifying themes of ington, and to return resources and de- I ask unanimous consent to have American culture. cisionmaking responsibilities of cities, printed in the RECORD an editorial We Americans, on the other hand, are regional groups and currently under- from the Abilene Reporter-News that immersed in—and sometimes over- served areas. talks about the importance of keeping

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10796 CONGRESSIONAL RECORD — SENATE July 27, 1995 arts funding for our smaller commu- tion’s magnificent production of ‘‘La the unanimous-consent agreement, nities like Abilene, TX. It is very im- Traviata’’ knows the arts bring something ‘‘* * * disposition of the above listed portant that we be able to have an beyond mere entertainment to a community amendments, the Senate proceed’’—— opera in Abilene, as we have had in the that cannot be achieved in any other way. If Mr. LOTT. We added at that point, we don’t support the arts, we’re letting go of last 2 weeks, an artwalk that has been civilization’s thread and tossing society’s ‘‘there be 1 hour equally divided for de- a great boon to the cultural prospects fabric in the trash. bate only.’’ of a great city like Abilene. Hutchison deserves a lot of credit and en- Mr. FORD. There be 1 hour for debate This happens all over America, Mr. thusiastic support for bucking the popular equally divided between the two lead- President, and I do not want that cul- but misguided trend in her party to gut the ers. That is it. tural enlightenment that we have put arts and for instead committing herself to Mr. LOTT. That is right. into our smaller cities to die, and that the programs and the values that her con- Mr. FORD. OK. I just wanted to be stituents will gain the most from. is why Senator BENNETT and I are try- sure—we worked so hard on this—that ing to make a significant contribution Mr. LOTT addressed the Chair. the language was correct. We penciled to keeping what is good about the arts The PRESIDING OFFICER. The Sen- in a couple things here. funding and our American culture ator from Mississippi. We have no objection and look for- while not allowing the obscenities that f ward to the debate. have turned our taxpayers off of these CONGRESSIONAL GIFT REFORM The PRESIDING OFFICER. Without other good projects. ACT objection, it is so ordered. I thank the Chair, and I yield the The Senate continued with the con- floor. The Senate continued with the con- sideration of the bill. There being no objection, the edi- sideration of the bill. Mr. LOTT. Mr. President, I might say torial was ordered to be printed in the UNANIMOUS-CONSENT AGREEMENT for the information of all Members now RECORD, as follows: Mr. LOTT. Mr. President, I ask unan- that we have this unanimous-consent [From the Abilene Reporter-News, July 27, imous consent that the Senate resume agreement, we are ready to go ahead 1995] consideration of S. 1061, and that Sen- with the debate. I see Senator MCCAIN C AIN HUTCHISON WEIGHS IN ON BEHALF OF THE ARTS ator M C be recognized to offer his is ready. We hope to continue to work substitute amendment, and there be 1 House Republicans have been jumping on on some of these amendments and the philistine bandwagon, but Sen. Kay Bai- hour for debate on the substitute to be hopefully all of them will not be nec- ley Hutchison thinks there’s a better route equally divided in the usual form, and essary. We will try to dispose of them to follow than the one that sends funding for it be subject to the following first-de- as expeditiously as we can. the arts careening over the cliff. gree amendments, with no second-de- With regard to what time will be She’s right, and she has a sound plan for gree amendments in order and no used tonight and whether or not there how to accomplish it. amendments to the language proposed will be votes tonight, we do not have The House has voted to cut the National to be stricken, with all first-degree any order on that at this time. We just Endowment for the Arts by 40 percent in fis- cal 1996. House GOP leaders have agreed to amendments limited to 1 hour to be need to proceed, and as soon as an fund the NEA only for the next two years equally divided in the usual form if agreement is reached on that, we will and promise to try to terminate the agency that much time is needed: A Byrd certainly let the Members know imme- after that. amendment, sense of the Senate on the diately. Republicans in the Senate, however, have judiciary; a Rockefeller amendment I yield the floor. shown more awareness of the value of the with regard to gift rules; a Brown AMENDMENT NO. 1872 arts, both economically and socially, to local amendment regarding blind trust and (Purpose: To provide for Senate gift reform) communities throughout the country. A bill reporting; one amendment on spouses by Republican senators Nancy Kassebaum of Mr. McCAIN. Mr. President, I have Kansas and Jim Jeffords of Vermont that by Senator DOLE or his designee; one an amendment in the nature of a sub- would cut the NEA by a more modest 25 per- amendment on charitable trips by Sen- stitute at the desk. I ask for its imme- cent over five years was passed last week by ator DOLE or his designee; one amend- diate consideration. the Senate Labor and Human Resources ment on definition of friendship for The PRESIDING OFFICER. The Committee. Senator DOLE or his designee; one clerk will report. Hutchison’s bill is an improvement over amendment on the limit involved in The legislative clerk read as follows: that one. the gift rule issue by Senator DOLE or The Senator from Arizona [Mr. MCCAIN] for She would consolidate the NEA with the his designee; one amendment on events National Endowment for the Humanities and himself, Mr. LEVIN, Mr. COHEN, Mr. the federal Institute of Museum Services. by Senator DOLE or his designee; one WELLSTONE, Mr. FEINGOLD, Mr. LAUTENBERG, During so would eliminate bureaucratic du- amendment by Senator WELLSTONE re- Mr. KYL, Mr. MCCONNELL, and Mr. GRAMS, plication of agencies so similar in scope that garding gift rules limits; and one proposes an amendment numbered 1872. they often operate in conjunction anyway amendment from Senator DOLE regard- Mr. McCAIN. Mr. President, I ask and would allow their funding under a new ing gift rules. unanimous consent that reading of the umbrella entity to remain at current levels I further ask that following the dis- amendment be dispensed with. for the next five years. position of the above listed amend- The PRESIDING OFFICER. Without Furthermore, the key element of ments, there be 1 hour equally divided Hutchison’s measure would direct 60 percent objection, it is so ordered. of all NEA and NEH funding to states in the for debate only, the Senate proceed to (The text of the amendment is print- form of block grants. This distribution would vote on the substitute, as amended, if ed in today’s RECORD under ‘‘Amend- put the arts closer to the people of middle amended, to be followed by third read- ments Submitted.’’) America who stand to benefit the most from ing, if applicable, and passage of the The PRESIDING OFFICER. Debate it and drastically reduce the likelihood that gift rule measure, all without inter- on the amendment will be limited to 1 nationally funded projects would turn out to vening action or debate except as pro- hour equally divided. be objectionable to most average taxpayers. vided for in the unanimous-consent The Senator from Arizona. Hutchison’s block grant idea would be es- Mr. McCAIN. Mr. President, I yield pecially good for Texas, which now ranks at agreement. the bottom in state spending for the arts. Mr. President, I would like to say myself such time as I may consume. According to the National Assembly of State this has been discussed by all the var- Mr. President, the agreement that we Arts Agencies, Texas spends a paltry 18.5 ious parties that have been involved in have crafted after many, many hours of cents per person a year on the arts, whereas this effort. It has been carefully re- discussion and debate is one that is the national average is 99.14 cents. viewed by the leadership on the Demo- very emotional. I do not know of an Hutchison’s bill would give the arts in Texas cratic side of the aisle, and I believe issue that arouses more emotion in the a huge boost by requiring a certain amount that this is an agreement that we can Members than one that has to do with of federal money to be spent here. go with and get this job done. modification of the lifestyle of the As the Texas senator said in announcing her proposal, arts are the thread of civiliza- Mr. FORD. Mr. President, reserving Members of the Senate. tion and the fabric of society. Everyone who the right to object, and I will not ob- I believe there is a recognition on the turned out for this month’s Artwalk down- ject. I tried to follow him very closely. part of all in this body that we are ex- town or attended the Abilene Opera Associa- At the third line from the bottom of pected to live as all of the citizens in

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10797 this country live. At the same time, Mr. President, I want to clarify the Food, meals, and attendance, but not there is also an appreciation that there record and explain exactly what this travel or lodging, directly associated are certain aspects of our lives as Sen- amendment does and what it does not. with the charity event in which the ators that are different. It amends the rules of the Senate as Member is substantially participating. This amendment, the substitute, this follows: It mandates that the Senate, I want to repeat that. Food, meals and compromise, has been carefully crafted as mandated by the Constitution, have attendance, but not travel or lodging, to respond to the American people who sole discretion to enforce its own rules. directly associated with a charity expect us to live as they do and at the It prohibits Members, officers and event in which the Member is substan- same time I hope takes into account in employees of Congress from accepting tially participating. very small ways the fact that many any gift over $20 in value. The total Food, meals and attendance at wide- times our spouses are with us, there value of all gifts received annually ly attended conferences and forums in are many times where we are at an from any one source shall not exceed which the Member or employee partici- event where someone hands us some- $50. pates and is appropriate to official du- Now I ask my colleagues, if there is thing, there are times when we are ties. given out of appreciation a plaque or one message from this entire com- Reimbursement for travel to a speak- something of that nature which is promise as I lay it out, fundamentally ing engagement, fact-finding trip worth a significant amount of money. it is the same rules under which the ex- deemed to be within the purview of of- But at the same time the American ecutive branch has had to function for ficial business. Substantially rec- people do not want us to be going out nearly 20 years. I want to repeat. The reational activities are not official and being wined and dined by people executive branch basically functions business. I repeat, substantially rec- who have an interest in legislation be- under almost these same rules, and reational activities are not official fore us. they have been able to do it—obviously This compromise would not be pos- with some pain and difficulty. But I be- business. sible without the efforts of people who lieve that if they are able to do that, Exempts transportation, lodging, and represent a broad spectrum of opinion we are, too. The bill applies equally to related expenses for necessary, official on this issue. Senator LEVIN and Sen- lobbyists and nonlobbyists and in- travel, with the following qualifica- ator COHEN have certainly been the State as well as out-of-State. tions: leaders on this issue. They have Gifts are defined as any gratuity, Travel period shall not exceed 3 days worked on this issue for years and have favor, discount, entertainment, hospi- within the United States or 7 days out- brought forward I think a piece of leg- tality, loan, forbearance, meal or food, side the United States unless approved islation that is very important. My or any item of monetary value. by the Ethics Committee. friends, Senator WELLSTONE and Sen- A gift to a spouse or dependent is Expenses must be reasonable. ator FEINGOLD, have labored hard on considered a gift to the Member or em- And recreation or entertainment can- this issue and they bring to this body ployee if there is reason to believe that not be paid for if it is not provided to in my view a desire to make sure that the gift was given because of the offi- all attendees regardless of congres- cial position of the Member or em- the American people look on our work sional employment. and our activities as those of which ployee. However, the bill states that when a This substitute requires travel and they can approve. expenses for official travel that is re- Senator LAUTENBERG and Senator Member and his or her family is ac- cepting a meal or food from a non- imbursed by a noncongressional entity KYL have also been very helpful. be publicly disclosed. I would like to say a special word friend, that only the meal of the Mem- about my friend from Kentucky, Sen- ber counts toward the gift limits. The The substitute also contains certain ator MCCONNELL, who has tried very Senate correctly cannot control the specific prohibitions on lobbyists: hard and I think largely succeeded in lives of our family members, and this Contributions to legal defense funds representing the views of the majority amendment continues that tradition. of Members made by lobbyists are of the Republican Conference. Senator The bill exempts: banned. All other contributions to MCCONNELL also has been one who has Meals and food for family members. legal defense funds are completely al- sat in on hundreds of hours of meetings Gifts to a Member from a family lowable. and who has in many ways contributed member. Contributions to an entity or founda- Gifts from a personal friend. tion controlled by or administered by a enormously to this final product. I ap- Gifts of personal hospitality not from Member, officer or employee of Con- preciate his efforts. Not many people a lobbyist. are willing to do the work that Senator All lawful campaign and political gress or their family members are MCCONNELL has done for the rest of the contributions. banned. Members on this side of the aisle. Anything for which the Member pays And contributions by lobbyists for So there were many as short a time market value. retreats are banned. ago as a week who believed we could Pension and other benefits provided The substitute also requires Mem- not come up with a broad agreement. by a former employer. bers, officers, and employees of Con- There are also, as in the unanimous- Contributions to legal defense funds, gress to report on donations given in consent agreement, items that are in except by lobbyists. lieu of honoraria to a charity des- disagreement and on which votes will Informational materials, including ignated by the Member, officer, or em- be taken. books, articles, magazines, or video- ployee. It is not clear, depending on the out- tapes; competitive awards or prizes; Lastly, the resolution states that the come of those amendments, whether honorary degrees; commemorative provisions of the bill shall be solely en- final passage would be approved of or plaques and trophies and any item in- forced by the Senate Ethics Com- not, depending on the result of those tended solely for presentation; and offi- mittee. The committee is also ex- amendments. My friend, Senator cial training. pressly authorized to issue such guide- WELLSTONE, and Senator FEINGOLD Gifts from another Member, officer, lines as necessary for the implementa- have very strongly held views. They or employee. tion of this rule. have articulated them on this floor and Specific exemptions for permissible in many other forums throughout travel and charitable events/dinners as Mr. President, some have America. follows: mischaracterized this amendment stat- Anyway, Mr. President, I am proud of Travel, food, and lodging where such ing that it will allow the Department what we have done. I hope that it benefits are customarily available to of Justice to constantly bring charges emerges largely intact after we finish noncongressional employees and to- against Members of Congress if a Mem- the amending process. tally unrelated to the individual’s offi- ber ate one doughnut over the $20 Now I would like to give a brief de- cial duties. limit. This is simply not true. Again, I scription of the compromise and then Activities provided by a political or- want to note the bill states: move on as rapidly as possible to the ganization in connection with a polit- All the provisions of this Act shall be sole- amending process. ical fund-raiser or campaign event. ly enforced by the Senate Ethics Committee.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10798 CONGRESSIONAL RECORD — SENATE July 27, 1995 Mr. President, except for some minor may be more informed on the issues. who do favor strong and meaningful exceptions, this proposal is primarily On behalf of the State legislators in gift reform legislation. I think it has the rules under which the executive Arizona, I will attest that they do an been really an extraordinary display of branch operates. And for all the cries exemplary job and are extremely in- bipartisan leadership. I am grateful for that we cannot live under these rules, formed and do it with a gift ban in it and hope it will bear fruit in the the staff of the executive branch has place. next few hours. and does. And I have yet to see a re- Many of my colleagues served in I am pleased this legislation has the quest from the President or the White State legislatures before they came support of not only my good friend House Chief of Staff or a Cabinet Sec- here. They know that the work that from Minnesota, Senator WELLSTONE, retary asking that the Congress liber- those legislators do is just as difficult and Senator LEVIN from Michigan and alize their gift rules. as the work we do. If they can live with Senator LAUTENBERG from New Jersey, I have also heard Members talk about tight gift rules, if the executive branch but also the support of several Mem- the fact that you cannot compare the of the Federal Government can live bers on the other side, including some legislative and executive branches be- with tight gift rules, then so can we. of the freshman Members who clearly cause the Members of Congress receive Mr. President, there is simply no le- came to town in 1994, just as many of so many more gifts. I am sure we do. gitimate reason not to reform the Sen- us did in 1992, with a mandate to clean But I believe we receive countless more ate’s gift rules. As I have noted, the up business as usual and put an end to gifts not because of the nature of the proposal we have offered both reforms the outrageous practice of providing office, but because we have liberal gift our gift rules while establishing a new literally thousands of free gifts and rules and the executive branch has set of rules that will allow us to fully meals and trips to Members of Con- stringent rules. function in our jobs. It is a reasonable, gress. Mr. President, this bill in no way bipartisan approach to this issue. As the Senator from Arizona has should be interpreted as a condemna- Mr. President, it is not very often pointed out, this compromise proposal tion of Members of this Senate. I do that I express openly my appreciation really makes only a few changes to the not believe that gifts and meals have in to members of the staff. Perhaps that original Levin-Wellstone legislation, any way unduly influenced Senators or is an oversight on my part from time and he has outlined it well. But let me their staff. But there is a perception to time. But I would like to acknowl- just reiterate a couple of the points. held by the public that we receive too edge the efforts of Peter Levine, Linda First, Members can no longer accept many gifts and that the practice Gustitus, Andy Kutler, Colin McGinnis, a gift, whether it is a meal, concert should be reformed. And I believe this Suzanne Martinez, Robin Cleveland, tickets or gift certificate, that is val- compromise before the Senate will ac- Kyle McSlarrow, Melissa Patack, and ued at more than $20. Gifts valued complish that reform. Mark Buse, who have literally labored below this amount will be aggregated Let me also point out that the rules long and hard for a long period of time so that Members cannot accept more change we are proposing is not so rad- on this very important issue. than $50 from any one source in a cal- ical as to prevent the Senate from Mr. President, again, I want to ex- endar year. This is patterned almost doing its business. Senators should tend my deep appreciation to so many word for word after the rule that has travel around their States and meet people who have taken part in this ef- been applied for many years to the ex- their constituents. If a constituent is fort. No one will receive a sufficient ecutive branch of our Government. having a barbecue, it is appropriate for amount of credit, and no one can over- There was a concern expressed that a Senator to have a hot dog or a ham- state the difficulty and the emotions the notion of aggregation, having this burger. overall limit, would mean that Sen- But we do not need tickets to lavish surrounding an issue such as this. balls to do our jobs. We do not need I am very pleased that we are able to ators might be forced to keep overly $100 gift baskets to do our jobs. And we come to a general agreement, and we detailed or meticulous records of vir- do not need unlimited, expensive free will, hopefully within some hours of de- tually every gift they receive, whether meals to do our job. bate and voting, be able to come to a it is a $15 meal or a hot dog or baseball The proposal will allow staff and conclusion of this very difficult issue. cap. I question how hard that is. I Members to accept gifts that cost no Mr. President, I reserve the remain- think it is better just to say no, but I more than $20. I believe this is a real- der of my time. think we have solved this problem, to istic limit. Several Senators addressed the the extent it exists, by requiring Sen- Additionally, the bill allows Mem- Chair. ators to make a good-faith effort to bers to accept any item that is com- The PRESIDING OFFICER (Mr. comply with the provisions of the bill. memorative in nature such as a trophy SMITH). Who yields time? This also solves the ‘‘gotcha’’ prob- or plaque or any item intended solely Mr. MCCAIN. I yield myself 10 sec- lem. That is, if a Senator accidentally for presentation. Therefore, a model onds. If the Senator from Colorado is crosses over the $50 threshold or some- ship or commemorative football jersey agreeable, I would like to allow the how accidentally undervalues a gift by that might be presented to a Member Senator from Wisconsin to make open- a dollar or two, that Senator would not would be allowed. ing remarks before we go into the be in strict violation of the new Senate The resolution also allows Members amendments; is that agreeable with rules. to attend charity dinners and have the the Senator from Colorado? By relying on the good faith of Sen- cost of the dinner and the ticket paid Mr. BROWN. Sure. ators to comply with this new rule, we for by the event’s sponsor. It would be Mr. MCCAIN. Mr. President, I yield have addressed the concerns of those ridiculous to have a Member speak at a whatever time the Senator from Wis- who may object to strict recordkeeping charity dinner and be forced to refuse consin may use. requirements and the concerns also of to eat. This would allow the Member to The PRESIDING OFFICER. The Sen- those who believe we should do all we participate in the event and eat the ator from Wisconsin is recognized. can to ensure that Senators do not ac- meal. Mr. FEINGOLD. Mr. President, I cept from now on more than $50 in gifts Mr. President, I want to note that in thank the Senator from Arizona. Let from any one source in a calendar year. Arizona, the Governor and the legisla- me also now extend my appreciation as In addition, the new compromise will ture is limited to acceptance of gifts well to the staff of all the Senators make it clear that if a Member elects that cost $10 or less. To be sure, Ari- who have put in an enormous amount to attend a charitable event and pays zona legislators are lobbied. They need of time on this over the last year and all the travel and lodging expenses out to meet their constituents. The Gov- a half. of his or her own pocket, the Member ernor has to go to events and meet Ari- I want to take a couple moments to will be able to participate in a meal for zonans. And they all live, function, and single out and congratulate the senior free as part of that charitable event. do their job under more stringent rules Senator from Arizona, Senator I do not think it is necessary, but, than we are proposing here today. MCCAIN, for what I see is a tremendous obviously, why would anyone pay for Some say we need gifts such as ex- effort in bridging the differences of all the travel and lodging in order to pensive lobbyist lunches so that we those of us on both sides of the aisle simply get a free meal? I think it will

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10799 certainly take care of that. We believe cant way. The $20 de minimis rule may not speaking in opposition to it. I have it was allowed under our original legis- not be what I prefer. I made it clear been working on this for a long time. lation, but we have clarified it to take that I think the zero Wisconsin rule is Mr. President, I just want to say, care of concerns of some of the Mem- the best reform, and I hope we move to during my time in the Senate, I have bers. It takes care of the lion’s share of it one of these days. But this sub- found the discussion that we have had this issue. stitute, offered by the Senator from with the Senator from Arizona to be The bipartisan coalition that has Arizona and others, will end the possi- just really interesting. As a political thrown its support behind the proposal bility of one special interest group put- scientist, that is the way I would put takes the view that although they ting forward steak dinners and fine it, very interesting. favor the tough gift limitations con- wine and cart loads of gifts that can I think we have come together with a sistent with the Levin-Wellstone legis- now be showered on people elected to really good bipartisan reform effort. I lation, they believe that the Senate the Senate. think that all of us feel very good will be better served by a gift rule ap- That is a very important step for- about it. As the Senator from Wis- plied simply and equally, whether you ward, and I am pleased to join in sup- consin said, it is significant, and it is a are talking about lobbyists or non- porting this proposal. I yield the floor. very significant message to people in lobbyists, or whether you are talking The PRESIDING OFFICER. Who the country that we are going to about something that happens in Wash- yields time? change the way in which we conduct ington or in a Senator’s home State. Mr. WELLSTONE addressed the business here. And so I wait for the de- We have met this concern with this Chair. bate on the amendments, and I think compromise. I tend to agree with my The PRESIDING OFFICER. The Sen- we will have some very spirited debate. colleagues on the importance of sim- ator from Minnesota. I feel very good about this piece of plicity in terms of such a rule. I came Mr. MCCAIN. Mr. President, will the legislation now on the floor of the Sen- from a legislative body in the State of Senator from Michigan yield some ate. I thank the Senator from Arizona, Wisconsin that practically does not time to the Senator from Minnesota? and certainly the Senator from Michi- allow anything of value from anyone, Mr. LEVIN. I will be happy to. Who gan, the Senator from Wisconsin, the not even a cup of coffee. That simple controls time and how much is left? Senator from New Jersey, and the Sen- but strict rule has been enormously The PRESIDING OFFICER. There ator from Maine. We have a lot of peo- successful for over 20 years and has not are 30 minutes controlled by the Sen- ple that have worked hard on this. I be- led to the bureaucratic complications ator from Michigan and 7 minutes and lieve the Senate can do itself proud and and starving-legislator scenarios that a 55 seconds remaining for the Senator support this strong reform initiative. I few people have suggested could come from Arizona. will wait for debate on the amend- out of reform. Mr. LEVIN. I will be happy to yield. ments before becoming more engaged I adopted a zero-tolerance policy in How much time does the Senator from in the discussion. my office. We simply keep a log of the Minnesota want? Mr. McCAIN. Mr. President, I yield gifts the office receives, and it has been Mr. WELLSTONE. How much time myself 30 seconds. I thank Senator contained—there are over 1,000 en- does the Senator have? WELLSTONE, who has worked at this for tries—in this red binder in the last 21⁄2 Mr. LEVIN. Thirty minutes. a long, long time. We have a good rela- years. Most of the items we either do- Mr. WELLSTONE. Mr. President, tionship, and I appreciate his dedica- nate to charity or to the State of Wis- this gift ban reform has been perhaps, tion to the cause. consin. Other items we discard. at least in my 41⁄2 years here, one of the I yield my remaining time to the As I said, the rule has been incredibly most debated and scrutinized pieces of Senator from Maine. successful for one simple reason: It is legislation. I will be very brief. Five Mr. COHEN. Mr. President, I wanted easy to understand. I certainly under- minutes will do. to take the floor this evening to offer stand where my colleagues on the Mr. LEVIN. Does the Senator from my commendation to the Senator from other side are coming from on this Michigan have 30 minutes? Arizona, the Senator from Michigan, issue. I believe we have made progress The PRESIDING OFFICER. There the Senator from Minnesota, the Sen- on this compromise in terms of getting are 30 minutes reserved in opposition ator from Wisconsin, and others who a straightforward and easy-to-under- that has not been used, and there are 7 have worked for many days trying to stand gift rule. minutes and 55 seconds remaining allo- arrive at a consensus which would Many of those involved in this bipar- cated to the Senator from Arizona. enjoy bipartisan support. tisan compromise believe the Senate Mr. MCCAIN. Mr. President, I ask This is not a subject matter which should have the same gift rules as the unanimous consent that the Senator has been easy to deal with. There are executive branch. Again, this argument from Michigan control the time in op- Members who feel that the Senate is has a lot of appeal to it. After all, a position. going too far, that the so-called gifts Cabinet Secretary certainly receives as Mr. LEVIN. Reserving the right to that are given to Members of the Sen- many gifts and is invited to as many object, and I may object, since I am a ate are insignificant in nature. Many speaking engagements as a Member of cosponsor of the amendment that is Members feel that gifts do not have Congress. If the Cabinet Secretary can being offered, the substitute, I do not any sort of impact or influence upon live under the $20 and $50 thresholds, I feel that I am in a position to yield their independent judgment. do not see why a Member of Congress time in opposition. I believe that to be the case. The cannot do the same. Mr. MCCAIN. Mr. President, let me problem has always been the percep- Again, many of the parties involved retract my unanimous-consent request tion on the part of the American peo- in these negotiations raised a valid and yield my 7 minutes to the Senator ple. We know that we do not enjoy a concern, and we have appropriately ad- from Minnesota, and perhaps we can high level of confidence. Perhaps it has dressed that concern in this com- hash out what happens with the other been our fate as politicians to suffer promise. 30 minutes. those low ratings. I cannot recall, his- But Senators should know one thing The PRESIDING OFFICER. The Sen- torically, when those who are public of- about the compromise. Though it does ator from Minnesota is recognized for 7 ficials have ever enjoyed long, sus- allow some gifts from the lobbying minutes and 55 seconds. tained periods of public approval. I community that the underlying legis- Mr. WELLSTONE. Mr. President, I think there have been, historically, lation did not allow, the bipartisan thank the Senator from Arizona, but I peaks, but mostly valleys. Peaks have substitute we put forth is a significant want him to know he will have 6 min- occurred when there have been mo- departure from current Senate rules utes. I am going to use 1 minute be- ments of great debate. and will have a profound and historic cause I would like for him to do the I can recall during the time of the impact on how this body interacts with summation. impeachment proceedings, well back the lobbying community. I was worried, because for a moment, into the 1970’s, when I think people It will change the way business is I thought I would have to, in the spirit were impressed with the quality of the conducted in Washington in a signifi- of honesty, step forward and say I am debate that took place during that

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10800 CONGRESSIONAL RECORD — SENATE July 27, 1995 very trying time. Another such mo- AMENDMENT NO. 1873 (2) EFFECTIVE DATE.—The amendment ment was during the debates on the (Purpose: To amend the Standing Rules of made by this subsection shall apply with re- Persian Gulf war here in the U.S. Sen- the Senate to require Senators and em- spect to reports filed under title I of the Eth- ics in Government Act of 1978 for calendar ate when the American people who ployees of the Senate to make a more de- tailed disclosure of the value of certain as- year 1996 and thereafter. were seriously divided over the issue sets under title I of the Ethics in Govern- Mr. BROWN. Mr. President, this looked upon us. I think they were quite ment Act of 1978) amendment is precisely the same impressed with the quality of the de- Mr. BROWN. Mr. President, I send an amendment that was considered and bate on both sides of the issue. They amendment to the desk and ask for its approved on the lobbying bill. What it felt that the democratic system truly immediate consideration. does is, it incorporates two amend- was fulfilling its promise. Perhaps The PRESIDING OFFICER. The ments that I had drafted and filed ear- there have been a number of other mo- clerk will report. lier on—one dealing with eliminating ments when the public has looked upon The bill clerk read as follows: the loopholes on the disclosure provi- the deliberations here in this body and The Senator from Colorado [Mr. BROWN] sions, and one eliminating the loophole in the other body and have come to the proposes an amendment numbered 1873. on the blind trust. conclusion that we are measuring up to Mr. BROWN. Mr. President, I ask They are specifically this. One, in our responsibilities. unanimous consent that reading of the new categories to report the value of The difficulty, of course, is that amendment be dispensed with. assets. As our rules stand now, assets The PRESIDING OFFICER. Without those peaks are usually followed by may be valued at $10 million, $50 mil- objection, it is so ordered. very deep valleys. It is from the depths lion, or $100 million, but would only The amendment is as follows: of one of those valleys that we are try- show up as being over $1 million. This At the appropriate place in the amend- adjusts the categories to allow a fuller ing to climb to achieve a level of public ment, insert the following: confidence. disclosure. SEC. . ADDITIONAL DISCLOSURE IN THE SEN- It includes an amendment on the dis- I am not persuaded that any indi- ATE OF THE VALUE OF CERTAIN AS- SETS UNDER THE ETHICS IN GOV- closure of the value of a blind trust. vidual thing that we do will ultimately ERNMENT ACT OF 1978. Our rules now provide for a blind trust sustain that public confidence. But I (a) CATEGORIES OF INCOME.—Rule XXXIV of reporting the total cash value to the think we have an obligation to try to the Standing Rules of the Senate is amended beneficiary, but do not provide for that achieve it. In my own view, I think we by adding at the end the following new para- to be reported on the disclosure forms. will not arrive at the higher levels of graph: This changes that and would provide ‘‘3. In addition to the requirements of para- confidence until such time as we deal graph 1, Members, officers, and employees of that if indeed the trust instrument pro- with the major issues confronting this the Senate shall include in each report filed vides for the total cash value to be re- country. First and foremost, we must under paragraph 2 the following additional ported to the beneficiary of the trust, deal with balancing the budget, and do information: that beneficiary member would end up so in a way that does the least amount ‘‘(a) For purposes of section 102(a)(1)(B) of reporting that. My understanding is of injury to the most vulnerable citi- the Ethics in Government Act of 1978 addi- that this has been cleared on both tional categories of income as follows: zens in our society. Another issue is de- sides. ‘‘(1) greater than $1,000,000 but not more I will yield the floor, Mr. President, termining which level of government, than $5,000,000, or be it Federal, State or local, that ‘‘(2) greater than $5,000,000. and I will ask for a vote. should be involved in various issues ‘‘(b) For purposes of section 102(d)(1) of the Mr. MCCAIN. Mr. President, it is my that impact upon our citizenry. These, Ethics in Government Act of 1978 additional understanding that the Republican and categories of income as follows: Democratic leader would like to dis- ultimately, are going to be the types of ‘‘(1) greater than $1,000,000 but not more issues on which we will, hopefully, pose of more amendments tonight. I than $5,000,000; urge those under the unanimous-con- raise our level of respect in the com- ‘‘(2) greater than $5,000,000 but not more sent agreement to come over so that munity. than $25,000,000; ‘‘(3) greater than $25,000,000 but not more we can do that. But, in the meantime, I think this than $50,000,000; and The PRESIDING OFFICER. Is there particular legislation is important be- ‘‘(4) greater than $50,000,000. further debate on the BROWN amend- cause the perception is that the legisla- ‘‘(c) For purposes of this paragraph and ment? tive process is being unduly influenced section 102 of the Ethics in Government Act If not, the question is on agreeing to by individuals, groups, or lobbyists of 1978, additional categories with amounts the amendment. or values greater than $1,000,000 set forth in The amendment (No. 1873) was agreed who have undue control over the out- section 102(a)(1)(B) and 102(d)(1) shall apply come of our deliberations. to the income, assets, or liabilities of to. Mr. BROWN. Mr. President, I move I simply wanted to take the floor this spouses and dependent children only if the to reconsider the vote. evening to commend my colleagues for income, assets, or liabilities are held jointly with the reporting individual. All other in- Mr. MCCAIN. I move to lay that mo- seeking to arrive at what we believe to come, assets, or liabilities of the spouse or tion on the table. be a fair resolution of the issue. dependent children required to be reported The motion to lay on the table was As Senator MCCAIN has indicated, his under section 102 and this paragraph in an agreed to. proposal, rather than the underlying amount or value greater than $1,000,000 shall Mr. KYL addressed the Chair. be categorized only as an amount or value The PRESIDING OFFICER. The Sen- Levin-Cohen-Wellstone proposal, adds greater than $1,000,000.’’. a degree of, No. 1, uniformity, and No. (b) BLIND TRUST ASSETS.— ator from Arizona is recognized. 2, simplicity and clarity. (1) IN GENERAL.—Rule XXXIV of the Stand- AMENDMENT NO. 1872 ing Rules of the Senate is further amended Mr. KYL. Mr. President, I rise in sup- I wanted to simply commend those by adding at the end the following new para- who have been involved in the pains- port of the McCain amendment. I graph: served in the U.S. House of Representa- taking negotiations that have helped ‘‘4. In addition to the requirements of para- us arrive at this position. graph 1, Members, officers, and employees of tives on the Ethics Committee. In that the Senate shall include in each report filed capacity, I came to see situations de- I reserve the remainder of my time. under paragraph 2 an additional statement velop, over time, which were very dif- Mr. BROWN. Mr. President, I yield under section 102(a) of the Ethics in Govern- ficult to deal with, to understand why myself such time as I may consume. ment Act of 1978 listing the category of the a Member would have gotten into trou- total cash value of any interest of the re- ble, to try to deal with the gray areas Mr. President, I ask unanimous con- porting individual in a qualified blind trust that sometimes attend the rules under sent that since all time has not been as provided in section 102(d)(1) of the Ethics which we try to do our business. in Government Act of 1978, unless the trust yet used on the substitute that I be al- It is one of the experiences which lowed to speak for 5 minutes. instrument was executed prior to July 24, 1995 and precludes the beneficiary from re- caused me to support the efforts of The PRESIDING OFFICER. Without ceiving information on the total cash value JOHN MCCAIN and others to try to bring objection, it is so ordered. of any interest in the qualified blind trust.’’. this into a document, to codify it so

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10801 that Members would know what was on the other hand, those kinds of a very small town and knew exactly appropriate and what was not—at least things that are the subtle, little at- what R.C.’s and Moon-Pies were. what we allowed and would not allow tempts to influence Members or do fa- In fact, what the people around the by our rules. That is why I think this vors for Members just because of who town square did was open up the Coke is a very useful exercise. we are, by people who want to influ- and pour in peanuts. Sort of a two-for— I want to compliment my colleague ence our actions. We understand those drink the Coke and eat the peanuts at from Arizona, Senator MCCAIN, for his differences. the same time. I am familiar with efforts in this regard. I heard him give Therefore, we can make these rules R.C.’s and Moon-Pies. a speech one night about duty, honor, work in a way that will make our con- I cite this to illustrate the point that and country. It was the ‘‘honor’’ part stituents pleased with their representa- when you are in the public sector and that has motivated JOHN MCCAIN tives. That is what is behind this legis- you are dealing with constituents, it is throughout his career, and it is what lation. quite common for people to offer you motivates all Members here tonight, to Again, I want to compliment all of some gesture, sometimes as a joke, try to develop a code of conduct under those, both on the Republican side and sometimes out of admiration. I expect which we cannot only operate free from on the Democratic side of the aisle, for some Members even get things periodi- allegations that undue influence has their willingness to compromise. cally out of a sense of condemnation. been brought to bear upon us, but to Finally, Mr. President, I want to But the dealing with our constituents operate in a way that the American take 30 seconds to compliment Senator and the exchange of gifts in a com- people accept as appropriate to the MITCH MCCONNELL. He is chairman of pletely harmless way is very, very high office which they have entrusted the Senate Ethics Committee. Because common in our line of work. to Members. of his strong leadership, we have been What we have before the Senate is a In our Government, if the people do able to bring together all of the dis- substitute, artfully put together by a not have confidence in their represent- parate elements, to come together to a variety of different, disparate interests atives, the Government and the people compromise. Without that capability, I here in the Senate, that I think can are not well served, because the people, do not think we would have com- successfully accommodate the natural then, end up distrusting the very peo- promised. social intercourse that goes on between ple they have asked to make decisions My hat is off to the chairman of the elected officials and their constituents. I must say, Mr. President, just like for them, to represent them. A democ- Ethics Committee, and to the sponsor when we began the lobbying debate racy, I suggest, could not long exist in of this bill, Senator MCCAIN. I think to- earlier, who would ever have thought that situation. night and tomorrow, Mr. President, the we would have managed to work out It is up to the Members to earn the Senate is going to do the right thing in our differences and come together on public trust. To do that, we have to adopting the McCain amendment. such contentious matters. Of course, conduct ourselves in a way that is Mr. LOTT. Mr. President, how much the lobbying proposal ended up passing above reproach. That is what the time do we have remaining on this 98–0 after many of its objectionable fea- stronger ethics rules would provide, to side? tures were removed. The PRESIDING OFFICER. The Sen- make it crystal clear that there is cer- What has happened here is a result of tain conduct that simply is not accept- ator from Mississippi has 25 minutes the efforts of Senator LOTT, Senator able. remaining. That is all the time remain- MCCAIN, and many Members on our Much of it focuses on the acceptance ing. side of the aisle, as we have worked on of gifts, because the public does not un- Mr. LOTT. I yield whatever time is this legislation, refining it in trying to derstand why, simply because we were needed to the Senator from Kentucky, come together in the best legislative elected to an office, that we are some- say, 10 minutes. sense. I think that what is likely to how entitled to receive gifts. These Mr. MCCONNELL. I thank my friend happen here is that at the end of the rules will not prohibit Members from from Mississippi, and I appreciate the process, after there are a few amend- enjoying friendship with those who are kind words of the Senator from Ari- ments, we will have a largely bipar- our friends, from having a meal with a zona, Senator KYL. tisan gift reform bill that will pass the friend. However, it will prevent Mem- Mr. President, I got interested in this Senate. I think it will pass in the best bers from being feted with gifts which issue before the Members tonight, as sense by a bipartisan effort. we all know are really designed to chairman of the Ethics Committee. Senator MCCAIN has played a critical achieve one purpose, and that is for the The occupant of the chair is also a role in bringing the diverging sides to- people who have business with the Con- Member of that committee. gether. I think it is safe to say without gress, to gain our ear. We both know that we periodically his effort, this largely would not have We are not talking about the kind of get gift waivers, very legitimate gift been possible. gifts that we know are given from the waivers, under the current rule in What we have been able to do here, it heart, when the 4–H kids come in and which we operate. The whole question seems to me, Mr. President, is bring want to give Members a cup. We all ac- of what is an appropriate gift to a pub- about meaningful gift rule reform cept that proudly. It would be horrible lic official is a good deal more com- without creating a morass of ethical if we could not accept that which the plicated than I expect many people out trip wires over which not only our con- kids are proffering. It means a lot to in America would conclude. Our line of stituents would stumble, but ourselves. them, so it means a lot to the Mem- work is really different in many ways I think we have been able to avoid bers. That is not what we are talking from the executive branch. that. about. Everyone, I think, has their favorite Let me just tick off, as others have, When lobbyists invite Members gift story. My friend and colleague some of the principal points of the someplace and want to treat Members from Kentucky, I read in the paper, McCain substitute. This is a Senate to rounds of golf and those sort of was talking about the country ham rule, Mr. President, not a statute. I things, even though we may justify it which is a traditional gift in Ken- think that was a critically important or rationalize it, the fact is, it is not tucky—not just to elected officials, but step to take. good. We are not entitled to be feted in to lots of other people. The Senate has the responsibility for this fashion just because we were elect- I suppose if I had to pick, Mr. Presi- taking this action and of policing its ed to public office. And it looks bad. Is dent, my favorite one, it would be own. This is a Senate rule, not a stat- it any wonder that the people lose con- R.C.’s and Moon-Pies. Every time I go ute. There are no criminal penalties, fidence in Members? to Liberty, KY, I have a friend down Mr. President, for outsiders who trip That is the kind of thing that these there who always kids me about being over gift restrictions. We do not want rules are designed to stop. Most Mem- from the big city, Louisville. She is to criminalize this area. bers realize in our hearts the difference convinced that I did not know what One important improvement, Mr. between those things that we can ac- R.C.’s and Moon-Pies were. She did not President, actually an improvement cept and not have it affect what we do know when she first started extending over current law, in my view, is that here in any way, on the one hand; yet, this great gift that I started my life in spouses of Members are not covered.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10802 CONGRESSIONAL RECORD — SENATE July 27, 1995 That is an improvement over the cur- tween lobbyists and other citizens, for gifts. And when I first raised the possi- rent law. And the reason that is impor- many purposes. I think that is an im- bility of simply banning gifts alto- tant is that many Members of the Sen- portant step in the right direction. I gether, a prominent public interest ate are married to spouses who have think it is entirely consistent with group dismissed the idea: Completely very active careers, have their own what the Constitution seems to stipu- unrealistic, they said—it would never friends, their own interaction with oth- late anyway. So I commend Senator happen. ers. The current Senate rules under MCCAIN for that modification. Mr. President, I am hopeful that we which we operate do, it seems to me, in So, Mr. President, let me say in sum- are about to prove that common wis- several ways unnecessarily and improp- mary, I think we have come a long dom wrong. And I think this substitute erly burden people who are not Mem- way. There may well be a few amend- amendment may well be the vehicle to bers of the U.S. Senate. They are not ments here. But, as chairman of the get it done. elected officials. So the McCain sub- Ethics Committee, looking at this The amendment before us is remark- stitute is actually an improvement, in issue in terms of how it affected each ably similar to the very first gift ban my view, on current law in terms of of you and how frequently you are like- bill I introduced in May 1993. Like that recognizing the independent status and ly to be inadvertently brought before bill, this amendment essentially adopts nature of the careers of the spouses of our committee, arguably in an unfair the rules that already apply to the ex- many of us who serve here in the Sen- way, I think this proposal dramatically ecutive branch. ate. minimizes the potential that the career Under those rules, no official may ac- The good-faith requirement in the of some Member of the Senate is going cept a gift worth more than $20. Nor McCain substitute promotes compli- to be ruined over some trivial exchange may any official accept a total of more ance while eliminating what could best with friends and constituents. than $50 in gifts from any one source in be called the gotcha problem—the So I think this is a useful change. I any year. This amendment adopts these same gotcha problem, with the kind of inad- think it does not go too far. And it limits for Members of Congress and vertent violation of the gift limit. places within the Ethics Committee, their staffs. It also would ban all vaca- We are working toward a reasonable which is where it should be, the respon- tion trips, such as the charity golf, ten- exemption for personal relationships, sibility for making these kinds of rul- nis, and ski trips that have been sub- allowing Members to continue to have ings and interpretations. So, again, I ject to so much adverse publicity. friends at home and in Washington. I thank Senator LOTT, Senator MCCAIN, want to elaborate on that just a In many ways, this amendment is and many others on the other side of stronger than the gift ban in the under- minute, Mr. President. Just because we the aisle who have been so critical and are Members of the Senate does not lying bill, S. 1061, which I also have co- indispensable in getting us to where we sponsored. For example, the underlying mean we cannot have friends like ev- are. erybody else; regular friends who are bill would allow the Rules Committee Mr. President, I yield the floor. to set very high limits for meals and not engaged in either gift giving or The PRESIDING OFFICER. The time meal taking with us because they are entertainment in a Member’s home of the Senator has expired. Who yields State. By contrast, the amendment trying to get us to do something on time? some bill. We are entitled to have subjects all meals and entertainment Several Senators addressed the to the same $20 and $50 limits, regard- friends, too. Some would argue it is a Chair. less of where they are provided. That is little harder in our line of work. We are Mr. LOTT. Mr. President, I yield 5 an important improvement. stretched, running back and forth to minutes of our time to the distin- The substitute amendment also our home States. But I think this bill guished Senator from New Jersey. strengthens the underlying bill by pro- recognizes we can have friends, too. The PRESIDING OFFICER. The Sen- hibiting lobbyists from providing per- Frankly, in this line of work, you need ator from New Jersey is recognized. sonal hospitality to Members. That them. Mr. LAUTENBERG. Mr. President, I should help prevent abuses. Finally, let me say an important con- thank the Senator from Mississippi for Mr. President, I do not agree with cession made in the McCain substitute being so gracious because I do, I think, every dot and comma of the substitute. that I very much applaud is that it take a slightly different view. But I For example, if it were up to me, I eliminates the distinction between lob- thank him for giving me the time. would simply ban all meals from byist and nonlobbyist. I know it is First, Mr. President, I want to say I lobbists, no matter how small. But I re- great political theater to go around am pleased to be joining Senators alize that to get a rule adopted, we beating up on lobbyists. It has been a MCCAIN and LEVIN on this substitute have to attract broad support, and that time-honored thing in American poli- amendment. I think it reflects a sin- is not easy. So, yes, we have had to tics, and it has been particularly viru- cere desire to get the job done that we make some compromises. lent of late. But the truth of the mat- have the kind of bipartisan support But the bottom line is that this sub- ter is, the Constitution allows every that we are seeing. Because at a point stitute puts us within striking distance citizen of the United States to petition in time not too long ago, Senator of one of the most important political the Government. And there have been WELLSTONE and Senator FEINGOLD, reforms in many years. numerous Supreme Court decisions Senator LEVIN and I were working on I am very proud to have played an ac- which have held that you do not waive gift legislation. I will discuss that in tive role in this effort. And I want to your right to petition the Government just a minute. thank the handful of Senators who because you are paid to do so. The Su- So, Mr. President, I am pleased to be have worked so hard on this, often at preme Court wisely understood that a joining in this bipartisan compromise great personal cost. These include the lobbyist—a term which has a sort of amendment that will substantially re- three other Democrats who have been pejorative connotation—a lobbyist is, strict the acceptance of gifts, meals, leaders on this for some time, Senators in fact, doing a job for a citizen some- and travel by Members of Congress LEVIN, WELLSTONE, and FEINGOLD. Each where else in America who does not from lobbyists and others. of them has made a major contribu- have the time or the inclination to Mr. President, on May 4, 1993, I intro- tion, and I appreciate it. come up here and become an expert on duced the original gift ban legislation, I also want to extend a special word matters that may affect his life. So S. 885. At the time, frankly, it was con- of thanks to Senator MCCAIN, who has that citizen or group of citizens, band- sidered a pretty radical idea. played a critical role in recent days by ing together, makes an entirely logical It is hard to remember how much pulling together proreform Members decision that they want to hire some- things have changed in the last 2 years. from both parties. I know that Senator body to go represent their point of view But until that bill was introduced, no- MCCAIN, like many of us, has taken before the Government; an entirely body around here was even thinking some heat for his leadership, and I just American thing to do. It is protected about banning gifts from lobbyists. At want to thank him publicly for his by the Constitution; recognized by the the time, there was a tremendous fight commitment. Supreme Court. And the McCain sub- about a proposal by Senator As a result of the work of these and stitute eliminates the distinction be- WELLSTONE to merely disclose such other Senators, Mr. President, we are

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10803 on the brink of a major reform that lic trust, and that makes it very dif- I do not know of anybody in this will really change the way we do busi- ficult because it is almost impossible body—I agree with the Senator from ness here in Washington. The vacation to govern. But also the association of New Jersey. It is not a question of in- trips to the Caribbean are soon going special interests dominating this place tegrity, or honesty. It may be a percep- to be a relic of the past. The lavish din- is not a good image that we want to tion. But the one thing that concerns ners at fancy restaurants are going by have. It is not one that I enjoy, I must many of us on both sides of the aisle is the wayside. tell, because implicit in public criti- that we want to be certain we do not Is it going to be as much fun to be a cism is an accusation. get somebody in trouble because if you Senator, Mr. President? Perhaps not. So I support this reform measure so are at some event you get a gift. And But maybe this body will get just a lit- that we at least suggest to the public somebody may disagree on all of these tle more respect in the process. And that no voice is more important than things. We hope we have worked this that is a tradeoff I will take any day. their voice, and no view is more impor- out because, as I said, I received five Mr. President, it appears that we are tant than their view. And if they even birthday cakes last weak. I only ate going to face some amendments that do not have the ability to knock on the one piece. I do not know what the would weaken the proposal substan- door and say, ‘‘I am here from Roa- value of the cakes was. They were all tially. For example, we confront an noke’’ or ‘‘I am here from Trenton, given in good faith. We had a good amendment that would again allow the NJ,’’ or what have you, that we have to time. I shared it with a lot of people— lobbyist-paid vacation trips that have let them know that we respect so much things like that. caused so much controversy. I hope my the value of their view, their judgment I talked with Senator CAMPBELL from colleagues will resist these efforts. and continue to work to recover the Colorado. He is the only native Amer- But if we can hold this together, we trust and the faith of the American ican in this body. He said that, if you will have produced a change of which public. get a gift from his community, it we can all truly be proud. This is seri- Mr. President, I think this is a good would be an insult to return it. ous reform. It really will change the start. And for any of my colleagues There are a lot of people. We have a culture around here. who may have misinterpreted that lot of friends. If you do not have any In fact, I predict that if we succeed, which I intended when I wrote the first friends, you do not have to worry about it will not be long before people around gift ban amendment 2 years ago, please gifts. You do not need a gift ban. But a here will look back at the current rules let the record clearly reflect that I lot of us have a lot of friends. I think in amazement. New staffers hired a few have nothing but respect—differs, al- we all have a lot of friends. We want to years from now probably will be beit; that is the way we function make certain that we do not get any- amazed that Members ever were al- around here—but respect for all of my one in trouble. lowed to accept special favors from lob- We are on the right track. We are colleagues, and never a suggestion that byists. It will seem archaic, perhaps doing the right thing. I certainly sup- even absurd. one is corrupt or improper. Mr. LOTT. Mr. President, I believe port what has been done so far. That will be a different Washington, We would like to complete action on we are ready to complete this debate Mr. President. A very different Wash- this bill tomorrow. I am not in the po- and begin amendments now. Therefore, ington. sition yet to announce votes. But what It also will be a better Washington. I yield the remainder of our time on we are trying to do—I think some of So I urge my colleagues to support this side. I believe we are ready to go my colleagues were scattered and I the substitute amendment, and to with the amendment of Senator MUR- know some are at the White House. A place strict limits on gifts, meals, and KOWSKI. number of colleagues are with the Ko- Mr. DOLE addressed the Chair. travel from lobbyists and others. rean war veterans attending a dinner The PRESIDING OFFICER. The ma- Let us change the way we do business at the White House tonight. jority leader. in Washington. And let us do it now. As I said, we hope to announce fairly Mr. DOLE. Mr. President, before the Mr. President, when I introduced the soon that we have an agreement, or Senator from Alaska offers his amend- gift bill a couple of years ago, I know that we can stack votes, and have the ment, let me say that I think we have that there was deduced a suggestion votes tomorrow morning. Then there come a long way here in the last couple that perhaps I was talking about cor- would be no further votes tonight. We of days. I want to congratulate all ruption in the body or something of are not yet in a position to make that those who have been involved in the that nature, or some impropriety. Mr. announcement. That is what we are negotiations—Senator LOTT, Senator President, I want to correct that working on. MCCONNELL, Senator MCCAIN, Senator record because that was never the sug- Mr. MCCAIN addressed the Chair. gestion. I want to clear the record be- LEVIN, Senator FEINGOLD, Senator The PRESIDING OFFICER. The Sen- cause it was an irritant over some pe- WELLSTONE, Senator LAUTENBERG, Sen- ator from Arizona. riod of time. Everybody knows I took a ator BREAUX, and Senator JOHNSTON. I Mr. MCCAIN. Mr. President, I would ski trip and enjoyed it, and some won- probably am leaving out someone. But also like to thank not only the major- dered why I had a change of mind. I I just want to suggest that we have ity leader but the Senator from Mis- will not get into that now. But it seems gone from what I think was a bad idea sissippi, the distinguished whip, for all to me that the focus ought to be on to a very good idea. But we are very, the effort that he and Senator FORD charity and not on the recreation. very close. have gone to in expediting this process. So, Mr. President, I want to make I think the importance of what has AMENDMENT NO. 1872, AS MODIFIED sure that everybody clearly under- happened is that we agreed on sort of Mr. MCCAIN. Mr. President, I ask stands. I have never, never thought the basic package—I hope we have— unanimous consent to modify my that anyone in this body was corrupt where both sides have given and taken amendment, the substitute which is at or that was acting improperly in terms some. And now what we are doing is of- the desk. of the law or even the rule. So I want fering just a few amendments. Where The PRESIDING OFFICER. Without to clear that up. we cannot agree, we will jump the ball objection, it is so ordered. My concern was and is, Mr. Presi- here and see who gets the tip. If you The amendment (No. 1872), as modi- dent, access. And when a meal is pur- win, you win. If you lose, you lose. fied, is as follows: chased by a lobbyist, it is not just the Then we go ahead and finish this bill, Strike all after the enacting clause and in- meal. It is access. And when one rides and get it behind us. sert the following: in the golf carts at a golf game spon- We earlier promised—at least the SECTION 1. AMENDMENTS TO SENATE RULES. sored by a lobbyist, it is not just a golf leader did—that we would take up this Rule XXXV of the Standing Rules of the game. It is access. Or when one goes in bill on the 28th of July. It is now our Senate is amended to read as follows: a chair lift and rides 20 minutes up a hope that we can finish on the 28th of ‘‘1. (a)(1) No Member, officer, or employee July both the lobbying bill and gift ban of the Senate shall knowingly accept a gift mountain, it is not just a ride up to the except in conformance with this rule. mountaintop. It is access. bill and have those behind us so that ‘‘(2) A Member, officer, or employee may Mr. President, we have had so many we can move on to other important leg- accept a gift (other than cash or cash equiva- problems of late that we have lost pub- islation. lent) which the Member, officer, or employee

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10804 CONGRESSIONAL RECORD — SENATE July 27, 1995 reasonably and in good faith believes to have ‘‘(A) resulting from the outside business or responsibility, or on a basis that favors those a value of less than $20, and a cumulative employment activities (or other outside ac- of higher rank or rate of pay; value from one source during a calendar year tivities that are not connected to the duties ‘‘(E) in the form of loans from banks and of less than $50. No formal recordkeeping is of the Member, officer, or employee as an of- other financial institutions on terms gen- required by this paragraph, but a Member, ficeholder) of the Member, officer, or em- erally available to the public; or officer, or employee shall make a good faith ployee, or the spouse of the Member, officer, ‘‘(F) in the form of reduced membership or effort to comply with this paragraph. or employee, if such benefits have not been other fees for participation in organization ‘‘(b)(1) For the purpose of this rule, the offered or enhanced because of the official activities offered to all Government employ- term ‘gift’ means any gratuity, favor, dis- position of the Member, officer, or employee ees by professional organizations if the only count, entertainment, hospitality, loan, for- and are customarily provided to others in restrictions on membership relate to profes- bearance, or other item having monetary similar circumstances; sional qualifications. value. The term includes gifts of services, ‘‘(B) customarily provided by a prospective ‘‘(20) A plaque, trophy, or other item that training, transportation, lodging, and meals, employer in connection with bona fide em- is substantially commemorative in nature whether provided in kind, by purchase of a ployment discussions; or and which is intended solely for presen- ticket, payment in advance, or reimburse- ‘‘(C) provided by a political organization tation. ment after the expense has been incurred. described in section 527(e) of the Internal ‘‘(21) Anything for which, in an unusual ‘‘(2)(A) A gift to the spouse or dependent of case, a waiver is granted by the Select Com- a Member, officer, or employee (or a gift to Revenue Code of 1986 in connection with a fundraising or campaign event sponsored by mittee on Ethics. any other individual based on that individ- ‘‘(22) Food or refreshments of a nominal ual’s relationship with the Member, officer, such an organization. ‘‘(8) Pension and other benefits resulting value offered other than as a part of a meal. or employee) shall be considered a gift to the ‘‘(23) an item of little intrinsic value such Member, officer, or employee if it is given from continued participation in an employee welfare and benefits plan maintained by a as a greeting card, baseball cap, or a T-shirt. with the knowledge and acquiescence of the ‘‘(d)(1) A Member, officer, or employee may former employer. Member, officer, or employee and the Mem- accept an offer of free attendance at a widely ‘‘(9) Informational materials that are sent ber, officer, or employee has reason to be- attended convention, conference, sympo- to the office of the Member, officer, or em- lieve the gift was given because of the offi- sium, forum, panel discussion, dinner, view- ployee in the form of books, articles, periodi- cial position of the Member, officer, or em- ing, reception, or similar event, provided by cals, other written materials, audiotapes, ployee. the sponsor of the event, if— videotapes, or other forms of communica- ‘‘(B) If food or refreshment is provided at ‘‘(A) the Member, officer, or employee par- tion. the same time and place to both a Member, ticipates in the event as a speaker or a panel officer, or employee and the spouse or de- ‘‘(10) Awards or prizes which are given to participant, by presenting information re- pendent thereof, only the food or refresh- competitors in contests or events open to the lated to Congress or matters before Con- ment provided to the Member, officer, or em- public, including random drawings. gress, or by performing a ceremonial func- ployee shall be treated as a gift for purposes ‘‘(11) Honorary degrees (and associated tion appropriate to the Member’s, officer’s, of this rule. travel, food, refreshments, and entertain- or employee’s official position; or ‘‘(c) The restrictions in subparagraph (a) ment) and other bona fide, nonmonetary ‘‘(B) attendance at the event is appropriate shall not apply to the following: awards presented in recognition of public to the performance of the official duties or ‘‘(1) Anything for which the Member, offi- service (and associated food, refreshments, representative function of the Member, offi- cer, or employee pays the market value, or and entertainment provided in the presen- cer, or employee. does not use and promptly returns to the tation of such degrees and awards). ‘‘(2) A Member, officer, or employee who donor. ‘‘(12) Donations of products from the State attends an event described in clause (1) may ‘‘(2) A contribution, as defined in the Fed- that the Member represents that are in- accept a sponsor’s unsolicited offer of free eral Election Campaign Act of 1971 (2 U.S.C. tended primarily for promotional purposes, attendance at the event for an accompanying 431 et seq.) that is lawfully made under that such as display or free distribution, and are individual if others in attendance will gen- Act, or attendance at a fundraising event of minimal value to any individual recipient. erally be similarly accompanied or if such sponsored by a political organization de- ‘‘(13) Training (including food and refresh- attendance is appropriate to assist in the scribed in section 527(e) of the Internal Rev- ments furnished to all attendees as an inte- representation of the Senate. enue Code of 1986. gral part of the training) provided to a Mem- ‘‘(3) A Member, officer, or employee, or the ‘‘(3) A gift from a relative as described in ber, officer, or employee, if such training is spouse or dependent thereof, may accept a section 107(2) of title I of the Ethics in Gov- in the interest of the Senate. sponsor’s unsolicited offer of free attendance ernment Act of 1978 (Public Law 95–521). ‘‘(14) Bequests, inheritances, and other at a charity event, except that reimburse- ‘‘(4)(A) Anything provided by an individual transfers at death. ment for transportation and lodging may not on the basis of a personal friendship unless ‘‘(15) Any item, the receipt of which is au- be accepted in connection with an event that the Member, officer, or employee has reason thorized by the Foreign Gifts and Decora- does not meet the standards provided in to believe that, under the circumstances, the tions Act, the Mutual Educational and Cul- paragraph 2. gift was provided because of the official posi- tural Exchange Act, or any other statute. ‘‘(4) For purposes of this paragraph, the tion of the Member, officer, or employee and ‘‘(16) Anything which is paid for by the term ‘free attendance’ may include waiver of not because of the personal friendship. Federal Government, by a State or local gov- all or part of a conference or other fee, the ‘‘(B) In determining whether a gift is pro- ernment, or secured by the Government provision of local transportation, or the pro- vided on the basis of personal friendship, the under a Government contract. vision of food, refreshments, entertainment, Member, officer, or employee shall consider ‘‘(17) A gift of personal hospitality (as de- and instructional materials furnished to all the circumstances under which the gift was fined in section 109(14) of the Ethics in Gov- attendees as an integral part of the event. offered such as: ernment Act) of an individual other than a The term does not include entertainment ‘‘(i) The history of the relationship be- registered lobbyist or agent of a foreign prin- collateral to the event, nor does it include tween the individual giving the gift and the cipal. food or refreshments taken other than in a recipient of the gift, including any previous ‘‘(18) Free attendance at a widely attended group setting with all or substantially all exchange of gifts between such individuals. event permitted pursuant to subparagraph other attendees. ‘‘(ii) Whether to the actual knowledge of (d). ‘‘(e) No Member, officer, or employee may the Member, officer, or employee the indi- ‘‘(19) Opportunities and benefits which accept a gift the value of which exceeds $250 vidual who gave the gift personally paid for are— on the basis of the personal friendship excep- the gift or sought a tax deduction or busi- ‘‘(A) available to the public or to a class tion in subparagraph (c)(4) unless the Select ness reimbursement for the gift. consisting of all Federal employees, whether Committee on Ethics issues a written deter- ‘‘(iii) Whether to the actual knowledge of or not restricted on the basis of geographic mination that such exception applies. No de- the Member, officer, or employee the indi- consideration; termination under this subparagraph is re- vidual who gave the gift also at the same ‘‘(B) offered to members of a group or class quired for gifts given on the basis of the fam- time gave the same or similar gifts to other in which membership is unrelated to con- ily relationship exception. Members, officers, or employees. gressional employment; ‘‘(f) When it is not practicable to return a ‘‘(5) A contribution or other payment to a ‘‘(C) offered to members of an organization, tangible item because it is perishable, the legal expense fund established for the benefit such as an employees’ association or con- item may, at the discretion of the recipient, of a Member, officer, or employee, that is gressional credit union, in which member- be given to an appropriate charity or de- otherwise lawfully made, subject to the dis- ship is related to congressional employment stroyed. closure requirements of Select Committee on and similar opportunities are available to ‘‘2. (a)(1) A reimbursement (including pay- Ethics, except as provided in paragraph 3(c). large segments of the public through organi- ment in kind) to a Member, officer, or em- ‘‘(6) Any gift from another Member, officer, zations of similar size; ployee from an individual other than a reg- or employee of the Senate or the House of ‘‘(D) offered to any group or class that is istered lobbyist or agent of a foreign prin- Representatives. not defined in a manner that specifically dis- cipal for necessary transportation, lodging ‘‘(7) Food, refreshments, lodging, and other criminates among Government employees on and related expenses for travel to a meeting, benefits— the basis of branch of Government or type of speaking engagement, factfinding trip or

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10805 similar event in connection with the duties ‘‘(4) may include travel expenses incurred Mr. MURKOWSKI addressed the of the Member, officer, or employee as an of- on behalf of either the spouse or a child of Chair. ficeholder shall be deemed to be a reimburse- the Member, officer, or employee, subject to The PRESIDING OFFICER. The Sen- ment to the Senate and not a gift prohibited a determination signed by the Member or of- ator from Alaska is recognized. by this rule, if the Member, officer, or em- ficer (or in the case of an employee, the ployee— Member or officer under whose direct super- Mr. MURKOWSKI. I thank the Chair. ‘‘(A) in the case of an employee, receives vision the employee works) that the attend- AMENDMENT NO. 1874 TO AMENDMENT NO. 1872 advance authorization, from the Member or ance of the spouse or child is appropriate to (Purpose: To permit reimbursement for trav- officer under whose direct supervision the assist in the representation of the Senate. el and lodging at charitable political employee works, to accept reimbursement, ‘‘(e) The Secretary of the Senate shall events) and make available to the public all advance au- Mr. MURKOWSKI. Mr. President, I ‘‘(B) discloses the expenses reimbursed or thorizations and disclosures of reimburse- send an amendment to the desk and ment filed pursuant to subparagraph (a) as to be reimbursed and the authorization to ask for its consideration. the Secretary of the Senate within 30 days soon as possible after they are received. after the travel is completed. ‘‘3. A gift prohibited by paragraph 1(a) in- The PRESIDING OFFICER. The ‘‘(2) For purposes of clause (1), events, the cludes the following: clerk will report. activities of which are substantially rec- ‘‘(a) Anything provided by a registered lob- The bill clerk read as follows: reational in nature, shall not be considered byist or an agent of a foreign principal to an The Senator from Alaska (Mr. MURKOWSKI) to be in connection with the duties of a entity that is maintained or controlled by a proposes an amendment numbered 1874 to Member, officer, or employee as an office- Member, officer, or employee. amendment No. 1872. holder. ‘‘(b) A charitable contribution (as defined At the appropriate place, insert the fol- ‘‘(b) Each advance authorization to accept in section 170(c) of the Internal Revenue lowing: reimbursement shall be signed by the Mem- Code of 1986) made by a registered lobbyist or SEC. . Travel and Lodging to Charitable ber or officer under whose direct supervision an agent of a foreign principal on the basis of Events— the employee works and shall include— a designation, recommendation, or other Notwithstanding any provision of the Rule, ‘‘(1) the name of the employee; specification of a Member, officer, or em- The term ‘‘gift’’ does not include permissible ‘‘(2) the name of the person who will make ployee (not including a mass mailing or travel, lodging, and meals at an event to the reimbursement; other solicitation directed to a broad cat- raise funds for a bona fide charity, subject to ‘‘(3) the time, place, and purpose of the egory of persons or entities), other than a a determination by the Select Committee on travel; and charitable contribution permitted by para- Ethics that participation in the charitable ‘‘(4) a determination that the travel is in graph 4. event is in the interest of the Senate and the connection with the duties of the employee ‘‘(c) A contribution or other payment by a United States. as an officeholder and would not create the registered lobbyist or an agent of a foreign principal to a legal expense fund established Mr. MURKOWSKI. Mr. President, I appearance that the employee is using public have followed this debate closely and office for private gain. for the benefit of a Member, officer, or em- ployee. certainly am sensitive to the efforts to ‘‘(c) Each disclosure made under subpara- ‘‘(d) A financial contribution or expendi- try and bring the pending compromise graph (a)(1) of expenses reimbursed or to be ture made by a registered lobbyist or an reimbursed shall be signed by the Member or agreement to a successful conclusion. agent of a foreign principal relating to a con- officer (in the case of travel by that Member I heard in the debate the reference ference, retreat, or similar event, sponsored or officer) or by the Member or officer under that we ought to be treated like other by or affiliated with an official congressional whose direct supervision the employee works Americans; that the executive branch organization, for or on behalf of Members, of- (in the case of travel by an employee) and ficers, or employees. clearly does not enjoy the broad bene- shall include— ‘‘4. (a) A charitable contribution (as de- fits that we in this elected office enjoy ‘‘(1) a good faith estimate of total trans- fined in section 170(c) of the Internal Rev- regarding gifts and various other bene- portation expenses reimbursed or to be reim- enue Code of 1986) made by a registered lob- fits. And that is certainly true. bursed; byist or an agent of a foreign principal in On the other hand, there is a dif- ‘‘(2) a good faith estimate of total lodging lieu of an honorarium to a Member, officer, expenses reimbursed or to be reimbursed; ference. And in my amendment I hope or employee shall not be considered a gift to focus a little bit on that difference. ‘‘(3) a good faith estimate of total meal ex- under this rule if it is reported as provided in penses reimbursed or to be reimbursed; subparagraph (b). We are a political body. As a con- ‘‘(4) a good faith estimate of the total of ‘‘(b) A Member, officer, or employee who sequence, within this compromise other expenses reimbursed or to be reim- designates or recommends a contribution to there is no prohibition for us to con- bursed; a charitable organization in lieu of honoraria tinue to receive reimbursement for ‘‘(5) a determination that all such expenses described in subparagraph (a) shall report travel and for lodging associated with are necessary transportation, lodging, and within 30 days after such designation or rec- related expenses as defined in this para- political activities. ommendation to the Secretary of the Sen- Who funds those political activities, graph; and ate— ‘‘(6) in the case of a reimbursement to a ‘‘(1) the name and address of the registered Mr. President? Lobbyists fund those Member or officer, a determination that the lobbyist who is making the contribution in political activities, and political action travel was in connection with the duties of lieu of honoraria; committees, PAC’s. So on the one the Member or officer as an officeholder and ‘‘(2) the date and amount of the contribu- hand, we are proposing sweeping legis- would not create the appearance that the tion; and lation that would bring us into con- Member or officer is using public office for ‘‘(3) the name and address of the charitable formity with the executive branch. private gain. organization designated or recommended by Yet, at the same time, we are sug- ‘‘(d) For the purposes of this paragraph, the Member. the term ‘necessary transportation, lodging, gesting that we not consider the bene- The Secretary of the Senate shall make pub- fits we receive from political activities and related expenses’— lic information received pursuant to this ‘‘(1) includes reasonable expenses that are subparagraph as soon as possible after it is associated with our office. necessary for travel for a period not exceed- received. Mr. President, the purpose of this ing 3 days exclusive of travel time within the ‘‘5. For purposes of this rule— amendment is to bring into conformity United States or 7 days exclusive of travel ‘‘(a) the term ‘registered lobbyist’ means a the rules that we would have for trans- time outside of the United States unless ap- lobbyist registered under the Federal Regu- portation and lodging in connection proved in advance by the Select Committee lation of Lobbying Act or any successor stat- with a charitable event with the rule on Ethics; ute; and that exists for transportation and lodg- ‘‘(2) is limited to reasonable expenditures ‘‘(b) the term ‘agent of a foreign principal’ for transportation, lodging, conference fees means an agent of a foreign principal reg- ing in connection with a political event and materials, and food and refreshments, istered under the Foreign Agents Registra- such as a political fundraiser. including reimbursement for necessary tion Act. Under the measure proposed in the transportation, whether or not such trans- ‘‘6. All the provisions of this rule shall be compromise that is pending before us, portation occurs within the periods described interpreted and enforced solely by the Select as I understand it, private entities in clause (1); Committee on Ethics. The Select Committee would not be able to reimburse Mem- ‘‘(3) does not include expenditures for rec- on Ethics is authorized to issue guidance on bers for the cost of transportation and reational activities, nor does it include en- any matter contained in this rule.’’. lodging to a charitable event. But I tertainment other than that provided to all SEC. 2. EFFECTIVE DATE. attendees as an integral part of the event, This resolution and the amendment made think in the compromise there is ref- except for activities or entertainment other- by this resolution shall take effect on Janu- erence to meals and attendance at the wise permissible under this rule; and ary 1, 1996. charitable events being authorized. But

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10806 CONGRESSIONAL RECORD — SENATE July 27, 1995 Members still would be permitted to be an elected official through his or her Mr. President, this year, my wife will privately reimbursed if they travel to a PAC, but there can be no solicitation be hosting a second event for the cen- fundraising event on behalf of another under this proposal of corporations and ter to raise money for a second mam- Member. other individuals to participate in mography unit. This will be a mobile In other words, Mr. President, lobby- charitable events that only benefit per- mammography unit, one that can move ists, PAC committees, and other con- haps a small community, a small on the limited highways of Alaska. But tributors could be used to reimburse State, or those of us out West? more importantly, one that will be able Members for taking a night off and fly- Now, I believe that this whole notion to be driven into the National Guard C– ing to Hollywood, flying to Los Ange- of preventing Senators and corpora- 130’s, and as they train and generate les, or flying to Florida for a political tions from sharing in raising money for air time they will go into the villages. fundraiser. We do not address that in a worthwhile cause outside the Wash- And the unit would be able to be this sweeping revolutionary approach ington beltway, but allowing large backed out of the planes and provide toward limitations on our privileges. I amounts of money as political gifts, services to those women who otherwise find that rather curious, rather incon- smacks of sheer hypocrisy. would find it very difficult and expen- sistent, but rather evident. Do you think, Mr. President, we can sive to travel into our larger commu- Currently, under the Senate Ethics get Senators up to our State if they nities to take advantage of this type of Committee interpretive ruling No. 193, have to pay their way to come to a examination. charitable fundraiser? That is what a Senator may accept travel expenses So if we raise sufficient funds—and I this compromise suggests. Our charity from an official of a district’s political think we will—we will be able to equip events will be very difficult to put on. party organization in return for his or this new mobile van for duty in the Those who live adjacent to the beltway her appearance at a rally sponsored by rural villages of my State. Villagers can put them on right here in Wash- that organization. will not have to come to Fairbanks for Now, we are different, we indicate, ington, DC. Mr. President, my amendment sim- tests. They will be able to receive these but on the other hand we say we ought screenings in their local communities. to be treated the same as the executive ply provides that Senators would be permitted to be privately reimbursed— This unit I think is vital to help pre- branch. But the executive branch can- serve the health of Alaska’s women. It not accept travel expenses from an offi- it is very important that we make this distinction because it is a change from will service many of the native women cial or a district political party organi- in the bush area. zation in return for his or her appear- previous procedure—Senators could be Our State’s cancer mortality is the ance at a rally sponsored by the orga- privately reimbursed for the cost of third highest in the Nation. nization. lodging and transportation in connec- So this compromise, Mr. President, tion with charitable fundraising events It is estimated nearly one in eight really does not address our attendance, if and only if—and I would appreciate Alaska women will develop some signs our reimbursement for travel as well as the attention of my colleagues who of breast cancer. Breast cancer screen- lodging for political fundraisers. I have labored over this because I think ing can reduce those amounts, I am might ask the question why, but I this change is significant—if the Sen- told, by up to 30 percent. I firmly be- think it is evident to all of us. We just ate Select Committee on Ethics deter- lieve without the funds raised from have not considered this as part of the mines that participating in the charity these two efforts that are promoted in revolutionary changes that are appro- event is in the interest of the Senate association with the U.S. Senate, the priate, that we want to make. But, Mr. and the United States. health of Alaska women would be po- To repeat that, Mr. President, lodg- President, they are still inconsistent, tentially marginalized. ing and transportation in connection and they leave something to be desired. I am proud of the work those women with charitable fundraising events if have done in keeping these units oper- Why should the presence of a Member the Senate Select Committee on Ethics in supporting a charitable organization ating and organizing these events. And determines that participating in the if we change the rules on charitable be treated differently than attending a charity event is in the interest of the political function where you can re- events, I am convinced that it will be Senate and the United States. unlikely, certainly more difficult, and ceive reimbursement for travel and So a Member of the Senate could be lodging. the success of the event might be se- privately reimbursed for attending a verely jeopardized. Now, Mr. President, as we know, charitable fundraiser only, only if the Most of my colleagues are aware that every Member of this body has at one Senate Ethics Committee makes a de- former Senator Jake Garn raised a time or another made campaign ap- termination that the charitable func- great deal of money for the Primary pearances for his or her party or a can- tion is in both the public interest as Children’s Medical Center in Salt Lake didate. Often that means flying to an- well as the interests of the Senate. other Member’s home State, attending Mr. President, I believe one of the City. Mr. President, I can name other a party function, maybe making a most important responsibilities of a charities many Senators have been in- speech, sharing a meal, even attending public official—and that is what we volved in. I believe Senator PRYOR has an entertainment or sports function, are—is occasionally to promote worth- a golf tournament. Senator ROCKE- and in almost all cases the cost is cov- while charitable causes. Not every- FELLER has a children’s health project ered by whom? The cost is covered by thing can be done for the public good in West Virginia. Senator HATCH has a lobbyists or other political contribu- directly through the Government. Pri- function in his State. I wonder if we tors. vate charities play a vital role in serv- really want to seriously end Senators’ So what we have here is a situation icing many of the needs of our citizens. and companies’ participation in these where a Senator can travel virtually Last year in my State of Alaska, my causes simply because there is a so- all over the country attending political wife Nancy and I were the honorary called perception problem. fundraisers and have lodging and trans- chairs of a Senator’s fishing tour- This discriminates against distant portation reimbursed. But what the nament in Alaska which raised nearly States. I have already mentioned that. compromise proposes, what it proposes $150,000 for a mammogram machine for Some might argue charitable events as I read it, is that a Senator cannot the Fairbanks Breast Cancer Detection will still be allowed under the proposed attend charity events, events that Center. As a result of that event, the compromise bill because the only pro- raise money for worthwhile causes detection center was able to pay off its hibition contained in the bill relates to such as a breast cancer detection cen- mammography machine and as a result transportation and lodging in connec- ter, and have those costs reimbursed. the center was able to continue to pro- tion with these events. That is prob- The Senator from Alaska does not vide free breast cancer examinations to ably true in the immediate area. In believe that that is equitable. It does those who needed that service—mam- other words, Mr. President, if you are a not make sense. Why is it all right for mograms for 3,700 women who came to large, national charitable organization a political action committee to host a Fairbanks for breast cancer screening that has the clout to hold the event in $500 a plate political fundraiser or give from nearly 81 villages throughout the Washington, Members will be able to a campaign check for $4,000 or $5,000 to State of Alaska. participate in the event.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10807 But if you are a small organization missed it, there is a new book out be that Congress has no realistic alternative. like the Fairbanks Breast Cancer De- called ‘‘Ethics in Congress,’’ by a Mr. In a democratic system, legislators cannot tection Center or the Arkansas Oppor- Dennis F. Thompson. On page 107, Mr. do their jobs without seeking to win the con- fidence of citizens. Even if individual mem- tunities, Inc., you are not going to Thompson says: bers manage to win reelection in the face of have the resources or the capability to In the case of gifts these considerations widespread cynicism about Congress, they have your event held in the Nation’s argue for a gift rule that is simple, strict, will still suffer the effects of ethical con- Capital. If Senators cannot receive and broad. First, the rule should have few ex- troversy, as it implicates their colleagues transportation and lodging reimburse- ceptions, and none based on the supposed and interferes with the conduct of legislative ment, events like mine, even though virtuousness of a motive. During the Senate business. If members do not continue to try debate on gift reform, many members urged to improve the ethics process, they will find they would be subject to the approval that expenses for travel to charitable events of the Ethics Committee, then I think themselves and the institution increasingly should be exempt. No one noted the ironic deflected from legislative duties. many of these events are going to dis- implication of this suggestion: if members The loss of confidence in Congress does not appear because it will simply cost too are less in danger of being corrupted by gifts mean that the reforms of recent years have much to get to Alaska and other dis- for charity than by for gifts for themselves, had no positive effect. The decline is no tant States. they must care more about personal gain doubt the result of many causes unrelated to So, Mr. President, I think we have a than philanthropic causes. The only excep- ethics and might even have been worse if clear choice. I do not dispute the ef- tions that should be allowed are those that Congress had taken its ethics less seriously are necessary for members to carry out their than it did. Furthermore, the improvements, forts of those who have worked so hard legitimate political activities (meals taken modest though they may have been, have not to formulate this compromise. But I in conjunction with their official duties, for gone without notice. Informed observers and think in fairness, we have to examine instance) and those typical of normal social other opinion leaders believe that members that we left out a significant portion, and family life (such as customary birthday are more honest and the institution less cor- and that is the activities associated gifts to their children from friends). rupt than it used to be, which is likely to with political events, where we are still I think that passage pretty well sums have a favorable effect on public opinion in allowed reimbursement for lodging and up why I oppose this amendment. the long run. Finally, some of the continuing transportation. And I think that is the I would also like to address the last distrust may be warranted. Citizens are sure- ly right to be suspicious of some practices of inconsistency. We want to establish statement that the Senator from Alas- ethics committees, such as refusing to re- the same lodging and transportation ka made that, in case his amendment lease testimony and reports. rules for charitable fundraisers as we fails, then he would propose an amend- Also, some reforms may not have gone far have for political fundraising. ment that would provide that for trav- enough or may not have been focused pre- That is my question. Do we want to el as involving political activity. Let cisely enough on the ethical problems that establish the same rules or do we want me quote again from this book: should be of most concern. to make it harder to raise money for In this spirit, members found it difficult to Mr. President, as I said, I understand worthy charities while at the same resist when Senator FRANK MURKOWSKI pro- and sympathize with the amendment of time continuing the unlimited reim- posed an amendment that banned gifts from the Senator from Alaska. I hope that bursement for political fundraising? I PACs. ‘‘My amendment,’’ he said, ‘‘merely in the broader context of what I just hope that my colleagues will reflect on adds [to the gift] prohibition . . . a very im- quoted in this book, it will explain bet- portant type of gift, a political contribu- this amendment, reflect on the realiza- ter my opposition to the amendment. tion.’’ I yield whatever time he may need to tion that it is structured in such a way But contributions are not exactly the same as to mandate our Ethics Committee to the Senator from Minnesota. as gifts, and if they are to be treated the Mr. WELLSTONE addressed the review and pass under the legitimacy same, reform has to go much further than members are prepared even to consider. Sen- Chair. of the chair. The PRESIDING OFFICER. The Sen- I do want to assure my colleagues I ator WILLIAM COHEN pointedly distinguished the different roles of senators: ‘‘We are look- ator from Minnesota. am very committed to this. I want to Mr. WELLSTONE. Mr. President, assure my colleagues, should this ing for symmetry between what we can do as candidates and what we can do as Senators. first of all, I say to my colleague from amendment fail, I may very well offer But there is no symmetry. The Senate has Alaska, two mornings ago I heard quite an amendment to conform the trans- gone on record in favor of [reducing] the a wonderful report on the work that portation and lodging rules with the value of a gift . . . down to zero. If you fol- the MURKOWSKIs do in Alaska. I abso- charitable rules so that Members will low the logic and apply it to campaigns, then lutely understand the why of the have to pay out of their own pockets to you eliminate all contributions to cam- amendment and admire the Senator for participate in fundraisers for other po- paigns other than through public financing.’’ Many reformers believe that Congress should what he stands for. We do not always litical candidates like they would agree on all issues of the committee he under the proposed compromise, which follow that logic, and they may be right. But as COHEN observes ‘‘there are very few [mem- chairs, but I do not think there is ever would ban travel and lodging for chari- bers] who are willing to take that step.’’ As any question about his personal inten- table events. long as candidates must raise funds for cam- tions and his sincerity. Mr. President, I ask for the yeas and paigns, legislative ethics must find ways to Again, the important point is that nays. control the conditions under which they re- the contributions and the paying for The PRESIDING OFFICER (Mr. ceive contributions. To understand better trips is permitted when it comes to DEWINE). Is there a sufficient second? what the conditions should be, it is nec- charitable activity. The key language There is a sufficient second. essary to consider the further difficulties of is as long as what you are doing is not The yeas and nays were ordered. finding corrupt motives in cases in which the gain is political rather than personal. substantially recreational. That is the Mr. MURKOWSKI. Mr. President, I real issue. Mr. President, there is another pas- yield the floor. I say to my colleagues, that is the sage I would like to quote from very Mr. MCCAIN addressed the Chair. key point. The problem for us is that briefly: The PRESIDING OFFICER. Does the we have gone to these gatherings and Senator from Arizona oppose the Some might argue— they are for a good cause, but a large amendment? And I have heard this several times part of our activity is for the golf and Mr. MCCAIN. The Senator from Ari- on the floor and in the course of the for the tennis, and it is substantially zona opposes the amendment. discussions we have had on this issue. recreational. The PRESIDING OFFICER. The Sen- Some might argue these and other efforts Frankly, we do not look good. It is a ator controls 30 minutes in opposition. to win the confidence of the public are futile. matter of perception, and we should Mr. MCCAIN. Mr. President, I yield The public, especially news media, will never just let go of it. We do not need it. myself 7 minutes. be satisfied, no matter how many reforms Congress makes. Congress has added more That is really the problem. Mr. President, I understand the logic Mr. MURKOWSKI. Will my friend in the argument and am in sympathy and tougher standards and imposed sanc- tions on more members in recent years, yet yield for a question? with what the Senator from Alaska is public confidence continues to decline and Mr. WELLSTONE. I will be pleased saying, especially when viewed in a demands for reform continue to increase. to. somewhat narrow and focused context. Why bother to try to satisfy such apparently Mr. MURKOWSKI. I do not believe, In case the Senator from Alaska insatiable demands? The first answer must as I understand the compromise, that

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10808 CONGRESSIONAL RECORD — SENATE July 27, 1995 there is a provision, as the Senator nected to our official duties. I go to a ties, in the opinion of those of us that from Minnesota suggests, for reim- tuberculosis dinner back home. If I de- have reached this conclusion. bursement for travel and lodging if it is cide as a Member of the Senate that it Mr. BIDEN. Will the Senator yield not a substantially recreational func- is connected to my official duties to be for a question? tion. there, then that is connected to my of- Mr. MURKOWSKI. If I may respond, Mr. WELLSTONE. I say to my col- ficial duties, and if it is not substan- because I think there is a distinction league—— tially recreational in nature, I can here, and that is—— Mr. MURKOWSKI. I would appreciate then be reimbursed for that transpor- The PRESIDING OFFICER. Let me a clarification, because I was under the tation. just announce to the Senate, the Sen- impression that there was no provision Mr. MURKOWSKI. So you would be ator from Minnesota still has the time. for charitable activity associated with reimbursed by the Government for that Mr. WELLSTONE. Mr. President, the transportation and lodging, that there transportation. Senator from Delaware wants to put a was no provision whatsoever. Mr. LEVIN. By the private party. question to the Senator from Michigan. Mr. WELLSTONE. I say to my col- This is talking about when reimburse- Mr. BIDEN. I would like to ask the league that, as a matter of fact, there ment is permitted by the private party. Senator from Alaska. is as long as once you come to the Mr. MURKOWSKI. So you would be, Mr. WELLSTONE. Can I make this event your activity is not substantially in that case, reimbursed by the private one comment and then yield the floor? recreational. That is the key point. party—— Mr. BIDEN. Sure. Then there is a prohibition. Otherwise, Mr. LEVIN. Could be. Mr. WELLSTONE. Very quickly, I there is not. I say to my colleague, if, Mr. MURKOWSKI. And even though say to the Senator from Alaska that in your official duty, you go to a gath- the charity was not Senate business in we have had this discussion, because ering for a good cause—that is why you a sense, you made a decision—— this may just be some confusion. I do are there and that is how you spend Mr. LEVIN. It has to be connected to not know any other way but to say it your time—that is fine. The problem is your official business. straight. What we have tried to do, and when—and I defer to my colleague from Mr. MURKOWSKI. In the particular what we have done in this coalition ef- Michigan if he wants to add to this— case I am citing where I hold events in fort, is to just deal with what has got- the problem is when you go to a gath- my State, I do not have the same op- ten us into trouble, which is not what ering and you spend most of your time portunity of those who live in the areas I think the Senator from Alaska is in recreational activity, then the pay- surrounding the beltway. So I am just talking about, which is some of the ski ing for that travel is not permitted. out in the harsh reality that I cannot and golf trips, and whatever. I think we That is the key distinction. get the attendance. That is the prob- should let go of that and end that prac- Mr. MURKOWSKI. I thank the Sen- lem I have, and it is one of inequity. tice. ator for that clarification. In all def- Mr. LEVIN. It may be related to your When you go home, and as part of erence, I was not aware that was the official duties. your official work, you go to a chari- case. When the bill was offered as a Mr. BIDEN. Will the Senator yield table activity, such as the Senator compromise, it specifically prohibited for a question? from Alaska cares fiercely about, and transportation and lodging for chari- Mr. MURKOWSKI. What I proposed, your activity there is not substantially table events, as was so stated. and I hope you consider it, is let the recreation—you are not going there to Mr. WELLSTONE. I say to my col- Ethics Committee make that deter- ski all weekend, or whatever—that is league, I would be very interested in mination. permissible. Maybe we have cleared the comments of the Senator from Mr. LEVIN. I heard the proposal. But that up. Michigan, but we may have just some the Senator going home to a charitable Mr. MURKOWSKI. I would like to confusion here which we may be able to event may be related to his official du- pursue this, if I may, because while I clear up. ties, in which case you can be reim- do not disagree with the Senator rel- Mr. LEVIN. I wonder if the Senator bursed by the private party, providing ative to the concept of what we are from Minnesota will yield. it is not substantially recreational. trying to do away with here, we also Mr. WELLSTONE. I will. Substantially recreational is the di- have to keep in mind the basic function Mr. LEVIN. The language that is now vide. Is it recreational or is it an event of a charitable event, and that is to in the substitute is that ‘‘reimburse- not substantially recreational or rel- raise money. ment for transportation and lodging evant to your official duties? If it is, Now, the question of what kind of an may not be accepted in connection you can then be reimbursed by that atmosphere do you raise that money in with an event that does not meet the private party. is what we are debating at this current standards provided in paragraph 2.’’ If I decide going to an event in Alas- time. Clearly, there have been excesses And those standards are that it must ka or any other State, other than my relative to the recreational events as- be connected to your official duties and own, is related to my official duties, sociated with charitable fundraisers. I it must not be substantially rec- and if it is not substantially rec- would be the first to acknowledge that. reational in nature. reational, then I could be reimbursed. But what we have now is a proposal So if a charitable event is connected That is a judgment I would make. That that is so stringent, in the sense that to your official duties and is not sub- is the line which is drawn in the bill. we are not allowing the Ethics Com- stantially recreational in nature, then The effort is made to distinguish be- mittee to review the legitimacy of the it is explicit, which I think was in- tween the recreational trips and the charity, we are simply saying if it is tended last year but perhaps was not trips which all of us make which are not connected with any activity associ- clear enough, that reimbursement related to our official duties and which ated with recreation. would be provided. are not substantially recreational in I ask my friend from Minnesota what It is only for these charitable events nature. We all go to make a speech at he might suggest to be the nucleus for or these recreational events, depending some meeting. If that is related to our the event, to bring those that will con- on how you describe them, which are official duties and is not substantially tribute to the charity, and that is the substantially recreational that there is recreational in nature, we can be reim- problem of the Senator from Alaska. I not the reimbursement for lodging and bursed by the private party. That is a assume it would be determined that a travel, because those are not your offi- judgment each one of us makes in the fishing tournament, which is what I cial duties. If they were, you could be bill, and that is very different, how- offer, would be a recreational event. It reimbursed. It is when they are not ever, from the recreational trips where is not a skiing event, it is not a golf connected to your official duties. people, I think would agree, are not re- event. I would call it a fishing event. I Mr. MURKOWSKI. I ask the floor lated to their official duties and where think in the spirit of the debate it manager, what official business would they are substantially recreational in would be considered recreation. be considered charitable? nature. Now, that venue, if you will, allows Mr. LEVIN. That is up to each of us. If that is the judgment, we should for the opportunity to raise the money A lot of us go to charitable events con- not be taking money from private par- for the charity. This Senator would be

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10809 very pleased to look at some other ave- The PRESIDING OFFICER. The Sen- high, in terms of this good institution nue, but I, very frankly, think it would ator from Minnesota. being diminished in terms of public re- be difficult to attract the Senators, the Mr. WELLSTONE. I yield whatever spect and in the public eye. sponsors, and others to come to a time the Senator from Michigan needs. That is the decision we each should luncheon in Fairbanks, AK, for a fund- The PRESIDING OFFICER. There make. It is called recreational travel. raiser for the Breast Cancer Detection are 121⁄2 minutes remaining for the Sen- We have seen it and read about it. Center because it will not have the ator from Minnesota. Some Members have participated in it. same magnitude of my fishing event. The Senator from Michigan is recog- We have to make a decision. However, I am willing to leave that nized. This bill significantly restricts gifts. up to the Ethics Committee to make a Mr. LEVIN. Mr. President, this is one It is long overdue. We are trying very determination of what the guidelines of the basic reforms in this bill, be- hard to increase public confidence in and rules are, how many hours of free cause these recreational trips—and this institution and in the Congress. It time on the event, where the event is that is what they are—have created takes work. We have to change the way held, or whatever. Right now, this leg- great difficulty for the U.S. Congress in we do things, to accomplish that very islation basically puts me out of busi- terms of public confidence in this insti- important goal. ness of promoting major charities in tution. I believe for Members to permit rec- my State. I understand the intent. But The public has seen over and over reational travel is going in exactly the I implore my colleagues to perhaps again the ski trips, the golf outings, opposite direction from the direction of pursue a little innovation so that we the tennis trips, with our families, this bill. This is why I hope that the are simply not eliminated from what is being put up at fancy lodges and being Murkowski amendment would be de- a worthwhile endeavor funded by cor- given fancy meals—and, yes, there is a feated. porations that are willing to make a charity which also benefits. But we get Mr. MURKOWSKI. Mr. President, I contribution. a big benefit from that. It is called rec- believe that we have 9 minutes remain- I do not want to go into the other reational travel. There are two bene- ing. issue, but there is an inconsistency ficiaries of this travel. One are the The PRESIDING OFFICER. Nine there, as my friend from Minnesota, I Members that take it; second is the minutes and 30 seconds. think, would recognize. While we do charity that also benefits, because Mr. MURKOWSKI. It is the intention not address political activities, they some of the contributions from the of the Chair after the time is expired to are paid for by the same source—lobby- contributors go to the charity, and entertain other amendments tonight. The PRESIDING OFFICER. That is ists, political action committees, and some go to us in the form of payment so forth. So I would rather not mix the order. for our travel, our lodging, and our Mr. LEVIN. I do not know what the that area. I am looking for relief. meals. Senator from Mississippi, the majority Mr. WELLSTONE. Let me say two Now, a lot of the charities are things to my colleague from Alaska. whip, has in mind. I think that what noble—in fact, probably most are. I they have in mind, however, is that we First of all, if we want to talk about know the charities of the Senator from campaign finance reform, and if the proceed to other amendments after the Alaska are noble. I think people should time is expired or is yielded back on Senator is concerned about people pay- contribute to those charities, but in a ing for trips that Senators take which this amendment. way which does not undermine the con- Mr. MURKOWSKI. I understand. raise money, introduce an amendment fidence in this institution; the price Mr. President, I have listened to the to deal with that problem. But that is that we pay for benefiting the charity debate tonight. Clearly, the reference not what we are talking about tonight. in that case is too high. The price that to eliminating any interpretation of The Senator can introduce an amend- we pay is that the public sees us at the recreation makes it very difficult to ment to deal with that. It is a matter outing, or on the slopes, with the spe- successfully hold a charitable event of proportion. cial interests right there with us, pay- outside of the beltway, or certainly not I think every Senator should be ing for our recreation. If they are not further than a reasonable proximity. aware of this. You can go to a chari- there with us, they pay for our rec- I think that is unfortunate. If we table gathering. That can be part of reational travel. were to leave the issue at that, I sup- your work. You should go, and it could It results in this kind of a TV show. pose the Senator from Alaska could re- be paid for by a private party. There is I think all of us have seen these shows. flect on the merits of simply an up- no question about that. The problem is, This is from the Inside Edition of Feb- down vote on the issue and resolve it. when it is substantially recreational, ruary 10: But when the debate goes on and sug- that is where the abuse comes in. Imagine you and your family spending 3 Mr. President, you cannot make a gests that somehow, because it is a days and nights at a charming world-class charitable event, that it is subject to distinction between fishing trips, or ski resort, top-of-the-line lodging and cozy tennis, or golf, or skiing. That is the charges that inappropriate or poor chalets, with a wonderful mountain of skiing judgmental actions occurred on the problem. That is where we have gotten at your doorstep, and absolutely no worries ourselves into trouble, no matter how about the cost of anything. You will never part of Members. Yet when one looks good the cause is. When a particular waste a moment waiting in line for a lift at at the source of support for the chari- lobbyist or interest pays for a Senator the top because, like the people you are table event or the political event, we for a weekend, or several days of trav- about to meet, you are king of the hill, and find the sources are the same. They el, and accommodations to go fishing this is the sweetest deal on the slopes. come from fundraisers. And we can get or play golf or to go skiing, it is just Now, that is what the public sees. full reimbursement for political events, inappropriate. I mean, what has to at- What they see is the benefit that we transportation, and lodging from a tract people to the gatherings is the gain when we go on recreational travel. source that also provides legitimate cause itself. God knows what the MUR- What they do not see, perhaps, is the funds for the benefit of the charity. KOWSKI’s do is a very important cause. benefit that the charity gets. Funds are coming from the same place. But we have to let go of these paid-for And so we have to make a decision— I seem to be the only one that is ski trips, golf trips, and tennis trips. each one of us—as to whether or not, drawing any attention to that. If we We have to let go of it. It is not appro- No. 1, we believe that when we go on are being critical of ourselves—as we priate, and it does not look good. Peo- recreational travel, we should be able are and as we should be from time to ple do not want us to do it. to be reimbursed for that. This is a time relative to the appropriateness of I urge my colleagues to let go of it. benefit for us. It is recreational travel, accepting funds through PAC’s, polit- That is why I think this amendment not related to our official duties of sig- ical organizations, lobbyists and oth- must be defeated. nificant value. That troubles me. ers, for charitable events—and we abso- I yield the floor. The second issue that each Member lutely ignore the fact that we accept it The PRESIDING OFFICER. Who must face, even though a charity also for political events for transportation yields time? benefits along with Members, whether and lodging, the same exact sources, I Mr. LEVIN. Mr. President, who is or not the price that is paid for that say that at the least we are being in- controlling? good cause, getting a benefit, is too consistent.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10810 CONGRESSIONAL RECORD — SENATE July 27, 1995 No one in this body wants to make have brought more perception prob- On the other hand, I hope my amend- that connection because it is inconven- lems for the Senate than any other, it ment will be adopted based on the mer- ient. It is embarrassing. After all, we is the problem with the so-called chari- its of my presentation. I thank the are politicians and politics and serving table events. Chair. the people of our State is our business. This is not to say that they do not The PRESIDING OFFICER. Who I think to some extent, attendance at have any merit—some of them. But the yields time? charitable activities, legitimate chari- portrayals, particularly on some of the Mr. LEVIN. No one else wants time table activities, that would be subject national television shows, have shown on this side. I think, if all time has to approval by the Ethics Committee Members of this body and of the other been yielded back by my friend from and more or less reviewed by them as body participating in events that were Alaska, then I will yield the remainder to their legitimacy, would be an appro- obviously dominantly recreational, of our time. priate measure of legitimacy. that had to do with golf or tennis or The PRESIDING OFFICER. All time Unfortunately, it appears that this whatever it might be. It was pretty ob- has been yielded back. particular proposal that has been vious by the end of any one of these f structured is cast in concrete, and with segments that the event was an oppor- the exception of the explanation the tunity for a Member of Congress to UNANIMOUS-CONSENT AGREEMENT Senator from Alaska received a few have an awfully good time on the tick- et of whatever the organization that Mr. LOTT. Mr. President, on behalf moments ago, clearly charitable activi- of the majority leader, and after con- ties such as the one that I have dis- was promoting the event or the char- ity, whatever it was. sultation with the minority leader, I cussed simply could not function under ask unanimous consent that the clo- this narrow interpretation because it Yes, this may have some negative impact in terms of what the Senator ture vote scheduled for Friday, with re- eliminates recreation activities. spect to foreign aid authorization, be As we wind down the debate and the from Alaska is trying to talk about. I think in his case the fact that he is re- vitiated. time is about to expire, there is indeed The PRESIDING OFFICER. Without a principle involved here, as we address ferring primarily to what he wants to do in his home State suggests to me it objection, it is so ordered. the legitimacy of not only those who Mr. LOTT. I further want to an- suggest that this compromise should be probably would not be a problem. The problem would occur more in the nounce to the Members that at 10 a.m. structured in the same way as the ex- on Monday, July 31, it will be the ma- ecutive branch receives consideration more publicized events—ski events in Utah, the golfing events in Idaho—that jority leader’s intention to turn to the for their extracurricular activities. Yet have nothing to do with our own home energy and water appropriations bill, it does not recognize in the same State. These are the ones that have and that no votes occur with respect to breath that the executive office does caused a very serious problem. that bill before 6 p.m. on Monday. not receive reimbursement or travel I believe it is very appropriate that I further ask unanimous consent that for appearance at political events. Yet this bill sets forth that in the case of the cloture vote scheduled for Friday, we do. And that is the difference. an event that is a charitable event and with respect to the State Department When we go to the legitimacy of is not specifically within the person’s reorganization, be postponed to occur charitable events, we say no, we cannot role as a representation of the Senate, following any stacked votes on Mon- get reimbursement for travel and lodg- then those cases—the travel and the day, which will not occur prior to the ing, but we can get it for political lodging—are really too much. hour of 6 p.m. events. Others say, well, just a minute, It has been abused. There are Mem- The PRESIDING OFFICER. Without the Senator from Alaska does not un- bers—I am not thinking of a Member of objection, it is so ordered. derstand the problem. We are talking this body, but I am thinking of a case Mr. LOTT. I yield the floor. about something other than political of a Member of the other body—who events now, so that should not be part made a practice of going every week to f of the discussion. these so-called charitable golfing CONGRESSIONAL GIFT REFORM The Senator from Alaska, I think, events. I remember the Member got a ACT OF 1995 would again remind all of my col- $200 sweater at each event. The meals The Senate continued with the con- leagues as to the source of these funds and everything went back to his dis- sideration of the bill. and the principle involved. If for some trict afterwards. It was a way of life. The PRESIDING OFFICER. The Sen- reason or another we find it This is what we are trying to get at. unpalatable to accept funds from those I think it has been reasonably craft- ator from Michigan. who would fund charitable events, one ed. I do think it addresses the concern Mr. LEVIN. Mr. President, I believe wonders why we would be so eager to of the Senator from Alaska, which ob- other amendments are now in order for accept funds for travel to political viously has to do more with his own debate? I do not have a copy of the events. home State. Whether or not he is going unanimous consent we are operating I encourage my colleagues to think to be able to attract Members of this under. on the merits of legitimate charitable body to Alaska, given the fact that Mr. LOTT. If the Senator will yield, activities which we all participate in, there is a problem with lodging and the I understand there are negotiations which will be substantially limited, in travel—it may be difficult. I do not continuing on some of these amend- my opinion, under this very narrow in- want to suggest it will not be, possibly, ments with the hope that maybe some terpretation. And I think that is indeed a problem. But I think the greater con- agreement could be worked out and very unfortunate. cern here is that we eliminate this that we are prepared to go forward mo- I have nothing further to say, Mr. overall practice. I think this is reason- mentarily with the amendment con- President. I yield the floor. I yield back ably drafted to achieve that. cerning the limits in the bill. We will all time. I yield the floor. be ready to go with that in just a mo- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Who ment. ator from Alaska has yielded back his yields time? If the Senator would like to take up time. The time in opposition is 7 min- Mr. MURKOWSKI. Mr. President, if I any other issue? If not, Mr. President, utes. could just make one comment to my I suggest the absence of a quorum. Mr. LEVIN. Mr. President, I yield 2 friend from Wisconsin, it looks like the The PRESIDING OFFICER. The minutes to the Senator from Wis- only way out, there, is to attract the clerk will call the roll. consin. millionaires of the Senate who might The legislative clerk proceeded to Mr. FEINGOLD. I thank the Senator be able to come to Alaska and attend a call the roll. from Michigan. I want to be sure that charity event. If it passes in its current Mr. LOTT. Mr. President, I ask unan- we remember why these provisions are form, I will advise the Senator from imous consent that the order for the in the bill. It has to do with the fact Wisconsin of my success in attracting quorum call be rescinded. that if you had to pick one aspect of the millionaires that are in the Senate The PRESIDING OFFICER. Without this whole issue of gifts that seem to to come up. We will have to see. objection, it is so ordered.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10811 Mr. LOTT. Mr. President, I ask unan- can and cannot do. What is a personal $100 figure without an aggregate of imous consent that the pending Mur- friendship? What is a widely attended what that could add up to. kowski amendment be set aside so we event? What do you do about awards, So we have made changes. But here is may proceed to the next amendment. mementos? So, many of those things my problem. This also now includes The PRESIDING OFFICER. Without have been clarified. I think we are meals. In the past, we did not have the objection, it is so ordered. working from a much better product meals included under those limits. Now AMENDMENT NO. 1875 TO AMENDMENT NO. 1872 than where we started. even the meals would be affected by Mr. LOTT. Mr. President, I send an Efforts are still underway to clarify this $20 and $50. Most of us do not go to amendment to the desk. what is the situation with regard to big, fancy lunches. But there are not The PRESIDING OFFICER. The our spouses. I think we need to be very even lunches that cost less than $20, clerk will report. careful about that. and no dinners. The legislative clerk read as follows: I want to also emphasize this, So the rule that is in the substitute, The Senator from Mississippi [Mr. LOTT] though. And others have said it. Most $20 and $50, would guarantee that you proposes an amendment numbered 1875 to Senators do their job. They do not get could not go to a dinner even with amendment No. 1872. a lot of gifts or expensive awards. It some constituents. As I understand the On page 1, strike lines 9 through 12, and on just does not happen. It has been im- language in the bill, if the Chamber of page 2, strike lines 1 through 4; and insert Commerce in my hometown comes to the following: plied here we can go to dinner every ‘‘(2) No Member, officer, or employee of the night. First of all, how? We are here al- Washington, and a group of eight of Senate, shall knowingly accept, directly or most every night. We are a nocturnal them want to take my wife, Tricia, and indirectly, any gifts in any calendar year ag- institution. We do not start work until me to dinner, we can go. But if my part gregating more than $100 or more from any the Sun goes down. I take my hat off to of the dinner is $30, then the group that person, entity, organization, or corporation any Senator who can run downtown to invited me could not pay for that. I unless, in limited and appropriate cir- some expensive, fancy dinner. I do not would have to pay for it. cumstances, a waiver is granted by the Se- And then there also have been ques- lect Committee on Ethics. The prohibitions see how they do it and make all the votes. And with the average of voting tions about how does that affect your of this paragraph do not apply to gifts with spouse? Is she treated separately or is a value of less than $50.’’ of the U.S. Senators being 97 percent or that under the $20? In other words, The PRESIDING OFFICER. Who better, they are not doing both of those. what if they are $19 and $19. You get yields time? the point. It gets to be ridiculous. The Senator from Mississippi con- So any impression that has been given that there is a cesspool of activ- I am not talking about, in this in- trols 30 minutes. stance, some hifalutin lobbyist in Mr. LOTT. Mr. President, I have not ity going on here, it is just not so. Yes, when the mayor of Buzzards Roost Washington taking me out to dinner. I spoken today on the efforts that have am talking about Jim Esterbrook from been underway to come up with a rea- comes to my office, she gives me a cap from Buzzards Roost. I put it on my Esterbrook Ford from Pascagoula, MS sonable, practical, and agreeable pack- along with a few other Chamber of age that we could have in this area of stand. Glad to have it. We do go to lunches with our constituents. We do Commerce or union members. I am a gift rule reform. I understand that son of a pipefitter union member. The there is a need to tighten up on these have relationships with friends. If we have to give all that up, then boilermakers come up here every year. rules and to clarify others so Members I have never been to dinner with them. will know exactly what they can and we might as well just go ahead and admit that we are not living a real In fact, I would be happy if I would cannot do under our rules of the Sen- never have to go to another dinner in ate. But I also think we have to be very human life around here. So we do not want to do that and I think, with the this city. I would rather have pork careful that we do not do it in such a chops and turnip greens in Pascagoula way that we make it impossible for us changes that have been made, the changes we are still working on, we can than any dinner I have ever been to up to live within the rules and do our job. here. accomplish that. Every Senator on That is why I have been very interested All I am advocating is a rule of rea- both sides of the aisle agrees that a re- in how it is developed. son—$50—who here could be bought for I do think a lot of credit goes to the form of the Senate rules concerning a $50 dinner? Not anybody. That is ri- managers of this legislation. Senator gifts is overdue and is necessary. And I diculous. MCCONNELL, from Kentucky, has really think that is why we are going to get Can we at least have a little reason? moved us toward serious agreement on it accomplished here. But sometimes in In other words, what we are saying is, lobby reform that is, I think, long life you can agree on the general pur- under the $20 and $50, OK. You can go overdue. It was needed. We got an pose but some of the specifics can to a $19 lunch but you cannot go to a agreement on that earlier this week. cause a problem. That is the amend- $31 dinner. Come now. And by his continued efforts, I think ment that I am addressing here to- It will be said, well, you know, it ap- we are getting close to gift reform that night. I think that it is very important plies to the Federal Government. It has will change the rule of the Senate in that we do not put ourselves in the po- applied to them for several years. They such a way that we will all be better sition where we cannot basically func- seem to have done all right with that. off. tion without violating the rules. Well, that is a good point. But I mean His work with Senator LEVIN has pro- So this amendment that I sent to the we are not in the same role as they are. duced a package with a lot more agree- desk will change the limit in the base We do have a very active relationship ment than I ever thought we would be bill from the $20, with that being ag- with the constituents. People are inter- able to come to tonight. But they have gregated up to no more than $50, and ested in legislation. I think we ought provided real leadership. Senator replace that with a Senator being able to be able to go and have a hot dog or MCCAIN has been involved, Senator to accept a meal or a gift under $50 but a cup of coffee without having to keep WELLSTONE, Senator FEINGOLD, many with an aggregation of no more than a running tab. others, Senator LIEBERMAN, Senator $100. That aggregation is very, very im- Now, to their credit, that has been BREAUX, Senator FORD—there is a long portant because that means that you changed in the substitute as I under- list of people who have been involved can go to a lunch with a person, a lob- stand it now. Earlier there had even and I think they all deserve a lot of byist, or a nonlobbyist if it costs less been the requirement that if you had a credit. than $50, and you can do it a couple of $7 lunch with a hot dog and potato The substitute we are working from times in a year, but it cannot exceed chips and a Coke, you would have to is a major change from what we started $100. So that addresses the problem keep a piece of paper, and that would out with, as the original Levin-Cohen that you go to a lunch or a dinner be a running tab to make sure that did bill. First of all, it is not a statute any- every night or every day like somebody not exceed in aggregate in a year $50. more. It will be a rule. And I think implied. You are not breaking the But that shows you on its face how ri- that is an important change. rules. I think that is a significant diculous some of this stuff has been. There have been a lot of questions change from our original bill that was Mr. LEVIN. Will the Senator yield on raised, a lot of concerns, about what we offered on this side that only had the that point? That has been changed.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10812 CONGRESSIONAL RECORD — SENATE July 27, 1995 Mr. LOTT. That has been changed. I Mr. LOTT. I thank the Senator from AMENDMENT NO. 1876 TO AMENDMENT NO. 1872 admit. It has been changed. That is the Alaska. I think we could all come up Mr. STEVENS. Mr. President, I send type of thing that we have been able to with a lot of stories. I think simply— an amendment to the desk. This is the make improvements on. That is why without getting all riled up about the amendment known as the spouse we are here tonight in the role we are $20 figure—it is not a reasonable figure. amendment. in. I thought 24 hours ago we would be It would be so delicate, so impossible The PRESIDING OFFICER. The here with two stark alternatives. That and so embarrassing how you would clerk will report. is not where we are. A lot of progress handle that. The legislative clerk read as follows: has been made. We have worked out If we are going to go with that figure, The Senator from Alaska [Mr. STEVENS] things like this. we ought to go to zero, absolute zero. proposes an amendment numbered 1876 to Senator LEVIN, Senator FEINGOLD, Some Senators already do that. And amendment No. 1872: and Senator WELLSTONE have been that way you would understand no On page 2 of the amendment, strike lines 12 willing to, as we talked about these Coke, no coffee, no potato chips, no through 20 and insert in lieu thereof the fol- things, make some changes. And Sen- nothing. At least I will not have a rec- lowing: ‘‘(2)(A) A gift to a family member of a ator MCCAIN certainly has been very ordkeeping nightmare. I will not have Member, officer, or employee, or a gift to active in that. to be so nervous. Well, is this $19.50 or any other individual based on that individ- Mr. STEVENS. Will the Senator is this $21? ual’s relationship with the Member, officer, yield? I think the little difference of $50 or employee, shall be considered a gift to the Mr. LOTT. I am glad to yield to the with a total for the year of not to ex- Member, officer, or employee if it is given Senator from Alaska. ceed $100 from an individual is much with the knowledge and acquiescence of the Mr. STEVENS. I am worried about more reasonable, and it would be a lot Member, officer, or employee and the Mem- the dollar figure here also. As the easier for the Members to comply with. ber, officer, or employee has reason to be- chairman of the Rules Committee, I I cannot believe anybody in America lieve the gift was given because of the offi- had the duty to close the Senate dining would question our integrity with cial position of the Member, officer, or em- ployee.’’ room. Most Members do not know why those kinds of limits. we closed it. But we closed it because In view of the hour and the fact that Mr. STEVENS. Mr. President, first we discovered that we were charging there are others who want to speak on let me apologize to my friend from roughly $8.50 for a dinner that cost this, and we may want to rise to debate Mississippi. I was off the floor and did more than $20. This is in a room that is it a little bit after others speak, and not realize he had called up his amend- owned by the Federal Government, the fact that Senator STEVENS is wait- ment. I thought he was speaking in with heat, light and all the services ing now to offer an amendment which general about it when I came in, and I provided. I am just talking about food perhaps we can get an agreement on, I really did not intend to be so abrupt service cost and the food itself was reserve the remainder of my time. with my good friend. more than $20. But no one would pay The PRESIDING OFFICER. Who Mr. President, as former chairman of more than $20 for it. So we closed that yields time? the Ethics Committee, I have had dining room. Several Senators addressed the many experiences about the reference I would be happy to have the spon- Chair. in the ethics law pertaining to spouses. sors put in this RECORD where we can The PRESIDING OFFICER. The Sen- Spouses are not subject to the jurisdic- get—when the chamber of commerce ator from Michigan controls the time. tion of the Senate. I applaud the way comes into town from Anchorage or Mr. LOTT. I would yield—how many that the Senator from Arizona has pre- Pascagoula, wherever you want, they minutes to the Senator from Arizona? pared this amendment in several in- want to take us to dinner with their Mr. MCCAIN. Seven minutes. stances to avoid the implication in it wives. And they would like to have a Mr. LOTT. Seven minutes to the Sen- of spouses, that merely because one is tablecloth on the table and maybe ator from Arizona. married to a Senator she or he is sub- Mr. STEVENS. Mr. President, if the some flowers and just a nice dinner in ject to the jurisdiction of the Senate. Senator will yield to me, I would be a quiet place. Tell me where you can This is an attempt now to further con- happy to yield time off this amend- get it for $20 a person here in town. tinue what the Senator from Arizona ment if the Senator would like it be- I think they ought to tell us where has started, which I said I think is a cause I am not going to use much time. you can do that. I do not think we very good trend. Mr. MCCAIN. Is the Senator sug- ought to have to go to places where What it really says is that a gift to gesting that the pending amendment families do not go but where people any family member or person that has be set aside so the Senator could intro- take their wives when we have our con- an individual relationship with a Mem- duce the Senator’s amendment which stituents in town. That $20 figure is ber, officer, or employee shall be con- has been agreed to on both sides? sidered a gift to the Member if that really a very low figure. I do not think Mr. STEVENS. Yes. But the Senator Member has knowledge of it and has it is realistic in this town. This town can use some of the time off it. acquiesced in it and there is reason to now is more expensive than my home- Mr. MCCAIN. I thank the Senator. town of Anchorage. At one time it was Did the Senator want to do it at this believe it was given because of the the highest priced town in the country. time? Member’s office. This town, Washington, is much more Mr. STEVENS. Whenever. I am hopeful this will remove some of expensive than any town I know of in Mr. LOTT. Mr. President, if the Sen- the bad feelings that spouses of Mem- the country today for dinners. ator from Arizona, who has the time, bers have had about the existing law But, again, I just think they ought to would be agreeable to that, we could and previous interpretations of the law do something about it. Or maybe they allow the Senator from Alaska to set pertaining to spouses and dependents. ought to talk to their wives about it. It aside this amendment for now and dis- It does carry out the intent of what the would be very interesting. Because I pose of it, and then come back to the Senator from Arizona had intended to agree with the Senator from Mis- remarks of the Senator from Arizona. do, and I understand it will be accept- sissippi. It just means that I do not Mr. MCCAIN. I ask unanimous con- ed. have to go out as much any more if we sent that the pending amendment be I wish to say just briefly, our put a $20 figure in there. I am sure the set aside in order that the Senator spouses, a lot of people do not realize wives would love that. I really think from Alaska may present his amend- the amount of time they really put in the $20 figure needs a lot of thinking. ment, and following that we return to in terms of helping us with our con- But I really am asking the Senator if the pending Lott amendment and I stituents and with our problems. There he is ready for me to propose my may be granted my time at that time. was an assumption in the original eth- amendment. I am ready to propose an The PRESIDING OFFICER. Is there ics law—not this draft of the amend- amendment if he would like to have me objection? Without objection, it is so ment of the Senator from Arizona, but do that. But I join him in really raising ordered. there was an assumption there that the a serious question about their $20 fig- The pending amendment is now set Senate could exert jurisdiction over a ure. aside. spouse or dependent who lived with a

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10813 Senator. That has led to a lot of con- who obviously takes a keen interest in The amendment (No. 1876) was agreed versations for this Senator, both in the these issues. She hails from the State to. time I was chairman of the Ethics of Arizona, which I think accounts for Mr. MCCAIN. I move to reconsider Committee and since then, as to the most of the dynamic intelligence which the vote. propriety of that assumption. she displays. I do understand her point, Mr. LEVIN. I move to lay that mo- I am pleased to see it totally elimi- and I understand the point of the Sen- tion on the table. nated now. If this amendment is adopt- ator from Alaska on this issue. We The motion to lay on the table was ed, I do not think there is a presump- should not designate people simply by agreed to. tion in this bill of jurisdiction over a virtue of marriage. There should be a AMENDMENT NO. 1875 spouse or any family member. The ju- broader interpretation of this issue, The PRESIDING OFFICER. Under risdiction is over the Member because and I appreciate not only the Senator the previous order the Senate will now of acquiescence and knowledge of a gift from Alaska but his wonderful spouse return to the amendment offered by to any person that has been associated, as well. the Senator from Mississippi. or is associated with a Member and I have no further comment. The Senator from Arizona is recog- with the knowledge that that gift was Mr. LEVIN. I wonder if the Senator nized for 7 minutes. given to that person because of the will yield to me 2 minutes without los- Mr. MCCAIN. Mr. President, I rise in Member’s official position. I think that ing his right to the floor. opposition to the amendment of the is a correct way for this bill to address Mr. MCCAIN. I yield to the Senator. Senator from Mississippi. We are in a The PRESIDING OFFICER. Without the problem. I am pleased to hear it very difficult area, Mr. President, be- objection, it is so ordered. cause we are really looking in this en- will be accepted. I thank all concerned Mr. LEVIN. I thank the Chair. Let tire bill at perception. It is all based on for giving us that consideration. me thank the Senator from Alaska. He To me, to get back just for a minute the perception of the American public has been in the forefront in fighting for to the overall problem, if I had my as to what is acceptable in the form of the independence and the rights of our druthers, as I would have said years what kind of favors, funds, gifts, gratu- spouses not to be treated as though ities, et cetera, that a Member of Con- ago, I would rather see a full disclosure somehow or other they are covered by gress should receive. bill, a bill that requires us to disclose the rules of the Senate when they are Mr. President, after long and arduous our activities with any person with re- not Members of the Senate. He has and labored deliberation, we arrived at gard to our official capacity and leave been very sensitive to that issue. As he the number that is in the substitute. It it there. I think once we start writing pointed out, the intention of both the was not an easy decision to make. these detailed laws which try to con- underlying bill and the substitute be- There were many who disagreed with vince people we are ethical; we have fore us is not to include spouses in it. There were some who wanted to go passed a new law, we lose a great deal these rules because they are not Mem- to zero. There were some who wanted of meaning for the Senate. We wit- bers of the Senate. He has identified to go much higher. And yet it was the nessed the respect that is held for the some language which inadvertently distinguished Member from West Vir- might suggest to the contrary, and he consensus of those involved on both ginia today. I think that those of us has corrected that. And I think we are sides of the aisle that a $20 gift limit who are newcomers compared to Sen- all in his debt, and I know our spouses with a $50 aggregate was appropriate. How did we arrive at that number, ator BYRD should realize that the re- are all very much in his debt. We thank spect that the Senate had in the days him for that. Mr. President? We looked at it as what of the Russells and the Dirksens and Mr. STEVENS. Mr. President, as the most Americans might believe is a rea- those who have come before us were Senator from Arizona said, I will know sonable sum of money. days when there was no ethics law at when I get home whether I am right or I have heard this argument about all. The respect was held for the body wrong. going back to zero, going to zero and itself because the Members assured As Members have said to me quite not accepting anything. That certainly that that respect was maintained. It often, I am one of the fortunate Sen- is a method or course that some might did not take a law. It did not take an ators in that I have married twice. pursue. I think it would be a bit un- ethics law. Mike Mansfield was not the Both of my spouses have been very comfortable not to be able to accept a majority leader that he was because of committed to this institution and par- hat or some small memento. an ethics law. There was none at the ticularly paid a great deal of attention But let me try to explain what $50— time. It came in later. And when you to the way that spouses and family according to this amendment, prohibi- really look at the great titans who members are treated in view of the ob- tions of this paragraph did not apply to have served on this floor—and I think vious problem of being married to a gifts with a value less than $50. At $5 there have been many—they were not Member of the Senate, but I am grate- an hour $50 is a 10-hour day. And every guided by an ethics law. They were ful for the comments he has made. We single day a Member of Congress, Mem- guided by their sense of right and have made a small, but important, ber of the Senate, could receive $50, wrong and by the mission that they change to this bill with this amend- and if that came out to 20 work days in had as Members of the Senate. ment. a month, that is $1,000. Now, perhaps I would that we could return to that It really is in my opinion no change. here in Washington, DC, in this very day, when we trusted the public to It is just a proper definition of who we rarefied environment and atmosphere trust us. are addressing with regard to a gift and expensive hotels and expensive res- The PRESIDING OFFICER. Is there that should be treated as being made taurants and high cost of living $1,000 further debate on this amendment? because of the office of the U.S. Sen- in 20 days or $50 a day is not a lot of Mr. LEVIN. I wonder if the Senator ator. And I think this will be suffi- money. from Arizona will yield briefly for a cient. So I again thank the Senator Mr. President, Arizona is not the comment unless he is going to com- from Arizona and the Senator from poorest State in America. It is not the ment on the amendment of the Senator Michigan for accepting the amend- richest. But I will tell you what, if I from Alaska. ment. I am prepared to yield back the talked to the men or women on the Mr. MCCAIN. I have a brief comment balance of my time unless someone street in Arizona and said, ‘‘Do you if I could. wants to use it. think I ought to be able to get $50 a Mr. LEVIN. I will, of course, wait The PRESIDING OFFICER. Is there day, or $49.95 a day off the cuff every until after he is done. further debate on this amendment? Is day?’’, I do not think they would agree The PRESIDING OFFICER. The Sen- all time yielded back? with that, Mr. President. They would ator from Arizona. Mr. STEVENS. I yield back the time. say, ‘‘Why?’’ They would say, ‘‘Why do Mr. MCCAIN. I wish to express my Mr. LEVIN. I yield back any time I I get $50 a day in addition to the appreciation to the Senator from Alas- might have under my control. $139,000 a year that I make?’’ ka for this amendment. Perhaps it The PRESIDING OFFICER. The Now, I do not believe, nor does any- would be more appropriate if I ex- question is on agreeing to the amend- one—and we have accepted here in this pressed my appreciation to his spouse, ment. body that $5 and $50 and $500 and $5,000

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10814 CONGRESSIONAL RECORD — SENATE July 27, 1995 and $5 million does not corrupt anyone. negotiated in good faith. But this then seeing the movie before everyone What we arrived at in the $20 indi- amendment would be a major mistake. else in the country got to see it. That vidual and $50 aggregate was what we The Senator from Mississippi calls for was April 11, 1995. thought that the American people a rule of reason. I think his amend- If he is not tired at this point of all would believe is a reasonable amount ment is just the opposite. the entertainment, the same lobbyist of money, a reasonable gift, a reason- First of all, this is very different or individual on Thursday could then able kind of a situation which given from the rule that the executive oper- treat him to the Cubs versus the Phil- the nature of our work would be under- ates under very successfully. How dif- lies, including a special train departing standable. But very frankly, I would ferent is a Cabinet Member in terms of from Union Station for Philadelphia have difficulty going back to Arizona the requests and entreaties they get and presumably back. and saying, ‘‘By the way, I can accept from a Member of the Senate? I do not And then on Friday, winding down gifts to the tune of $50 a day every sin- think that they are that different in for the weekend, the same lobbyist gle day of the week, day in, day out, that regard. And they live by this rule. then invites the staff member or the month in, month out, and none of it And if one tries to argue that it is dif- Senator to the ‘‘Russian Roulette aggregates.’’ ferent for a legislative body, we in the Vodka Tasting’’ to kick off the week- I have to say to my friend from Mis- Wisconsin legislature have lived with end. sissippi, the aggregation aspect of this an even tighter rule than this for the Mr. President, this is what the Lott of $100 is a little bit disingenuous. A last 20 years, Republicans and Demo- amendment will allow, and I believe in little bit disingenuous, because any- crats alike. almost every one of these instances, it thing just below $50 does not have to be Mr. MCCAIN. Will the Senator yield could be up to $50 and not a dime or a aggregated. So we are really talking for a question? shot of the vodka will count toward the between $50 and $100. Mr. FEINGOLD. Yes. $100 aggregate. Even though this is not I understand the argument of the Mr. MCCAIN. The executive branch, quite as bad, certainly, as the original Senator from Mississippi. I understand the entire executive branch rules are McConnell substitute, it still provides the argument of those who would like that it is $20 with an aggregate of $50? an enormous loophole that will pre- to see this higher. I understand the ar- Mr. FEINGOLD. I understand. And serve, in large part, this lifestyle we gument of those who would like to see they count every penny. There is no de are trying to eliminate. I suggest the it even much higher and have no limit minimis. The de minimis notion is usu- body soundly—soundly—reject this whatsoever on the grounds that you ally under $1 or $2. This proposal sug- amendment. cannot put a price tag on the vote of a gests up to $50 is de minimis. You The PRESIDING OFFICER. Who Member of Congress. But I do believe should not even count it. So this does yields time? that what we are trying to do here is present a very different situation. Mr. WELLSTONE addressed the convince the American people that we Mr. WELLSTONE. Will the Senator Chair. live basically on the same plane that yield for a clarification? Mr. LEVIN. I will be happy to yield 5 they do. And I do not think they would Mr. FEINGOLD. I yield. minutes to the Senator from Min- think that the $50 a day, $49.95 a day Mr. WELLSTONE. The way this nesota. we could receive in gratuities, gifts, amendment reads, the Senator from Mr. WELLSTONE. Mr. President, I other favors is something that they Arizona may be interested in this, the say to my good friend from Michigan, I would ever have the ability to engage last sentence reads ‘‘The prohibitions do not know that I need that much in. I am afraid that if we did that, it of the paragraph do not apply to gifts time, because I feel, like the Senator would be harmful rather than helpful with a value of less than $50.’’ from Wisconsin, covered the ground in in achieving the goal that this legisla- Mr. FEINGOLD. That it is. Let me a very thorough way. tion contemplates. say, for example, if a lobbyist wanted Initially, we had in the original bill, Mr. President, I yield the floor. to send one Senator a dozen roses every the McConnell-Dole bill—what was the Mr. FEINGOLD addressed the Chair. day all year, I think it would be legal. aggregate on the original version? The PRESIDING OFFICER. Who Mr. FEINGOLD. The amount was Certainly anything up to $50 in terms yields time? under $100. There was no aggregate of roses. Every day, all year. Mr. LEVIN addressed the Chair. under the original version. The PRESIDING OFFICER. The Sen- Let me give just a different kind of Mr. WELLSTONE. Under $100, no ag- ator from Michigan. example. The Senator from Mississippi gregate. Mr. LEVIN. I yield 10 minutes to the says it gets ridiculous to have these Mr. FEINGOLD. No, that did not Senator from Wisconsin. kinds of rules at this level. Well, I will have to be counted. The PRESIDING OFFICER. The Sen- tell you what is ridiculous. What is ri- Mr. WELLSTONE. Now we have this ator from Wisconsin is recognized for diculous is what would be allowed amendment which is just barely an im- 10 minutes. under this amendment. I will use an ex- provement. My colleague from Wis- Mr. FEINGOLD. Mr. President, the ample from my office of one staff mem- consin said the original proposal was Members of the Senate, this is not a ber’s invitations that he has received if under $100, no aggregate, all you can minor adjustment. The Lott amend- the same entity gave these. This is how eat. This reads, ‘‘The prohibitions of ment in my view is the most important his week would look. I think the aver- this paragraph do not apply to gifts amendment we will be dealing with age citizen would find this ridiculous. with value of less than $50.’’ here. As the Senator from Arizona just On Monday, he could have accepted Mr. President, Senators should be pointed out, do not let anyone kid you an invitation that was given on July 6 clear about the vote. What this is say- about this one. It is not just moving up to take part in an event that has cap- ing is that you would like for a lob- the executive standard from $50 in ag- tured the imagination of the Wash- byist to be able to on any number of gregate a year to $100 a year, it allows ington region’s tennis enthusiasts. occasions—— a person to take up to $50 a day from This year’s Washington Tennis Classic Mr. MCCONNELL. Will the Senator the same person at least every day of includes Andre Agassi and Stefan yield for an observation? the year, I would say several times Edberg. A ticket to a tennis event, Mr. WELLSTONE. I will be pleased every day in the year, all year. How do probably under 50 bucks. to. you quantify that? It means one lob- Tuesday, from the same entity, he Mr. MCCONNELL. Let me say, I lis- byist or other individual could give can attend a music event, Hootie and tened carefully to the suggestion from every Member of the Senate $18,250 the Blowfish, a terrific group of artists both the Senator from Wisconsin and worth of stuff. And it would not even recording on Atlantic RECORDs, at the the Senator from Minnesota as to what count. It would not even count toward Merriweather Post Pavilion. That could arguably be under the amend- the aggregation of the total of $100. would be allowed from the same entity. ment offered by the Senator from Mis- This is a very major change from what Then on Wednesday, my staff mem- sissippi with regard to $50–$100. Yes, I I think is an excellent compromise. ber could go to the special screening of agree that is possible, but anyone who I regret having to even say it, be- ‘‘Don Juan DeMarco’’ which includes a did that would be before the Ethics cause the Senator from Mississippi has cocktail reception and dinner at 7 and Committee and be in a lot of trouble.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10815 The Ethics Committee has frequently multiple gifts under $50, the hypo- Mr. FEINGOLD. Mr. President, I acted against Senators who have en- thetical that my friends from Wis- would like to quickly respond to the gaged in improper conduct, even when consin and Minnesota could very legiti- statement of the Senator from Ken- it did not violate a specific provision of mately claim is possible under a plain tucky that the Ethics Committee cer- the rules of the Senate Committee on reading of the Lott amendment, would tainly would take action against some- Ethics or, for that matter, the rules of necessarily be in serious trouble before body who took a prime rib and a mar- the Senate. the Ethics Committee. tini every day from the same indi- So we do not fail to go forward if There is no question that under sec- vidual. I do not understand that. This there is clear and obvious misconduct. tion 2(A)(1) of the rules of the Select rule would simply say that that is fine. I will concede to my friends from Wis- Committee on Ethics that that would This rule would say that it does not consin and Minnesota—— be considered improper conduct. Under come as a gift under the Senate rules if Mr. WELLSTONE. I was pleased to the Senate Code of Conduct, subsection you took that for under $50 a day. yield for a question. I think the Sen- (A), I think it would clearly constitute I cannot believe that there would be ator’s comments are helpful. I wonder misconduct. a very strong case before the Ethics if I could get some time on the other I just want to assure my friend, rea- Committee if that Senator were able to side. We have little time left. sonable people can differ about the pro- say: You voted and passed a rule that Mr. MCCONNELL. Since I was mak- priety of this amendment, but I did not explicitly permits this. It is very un- ing a statement and not asking a ques- want it left unrebutted that one could likely that I or any member of the pub- tion, I will let the Senator finish. engage in the kind of conduct that a lic is going to believe that that is suffi- Mr. WELLSTONE. I think the Sen- plain reading of the Lott amendment cient. It is going to be legal under the ator’s comments are important. I do might seem to permit when, in fact, it Senate rules to have a very nice din- not want to cut him off, but I want to would be a clear violation of the kind ner, or at least a pretty nice dinner, reserve what time I have left. of standards that we all know apply in and very nice lunch every single day of My point is really simple. I just the Senate. the year from the same lobbyist—actu- think that this may be the most impor- I strongly recommend, as chairman ally, several times a day. This is com- tant vote of all because, again, we of the committee, that whether the pletely unacceptable, in terms of what ought to just let go of this. And for limit is put at $20 or whether it is put we can call reform. It is not sufficient people in Minnesota, it is just not cred- at $50, below which there is no aggrega- to say the Ethics Committee is going ible to say, ‘‘We passed important re- tion, anybody who engages in that kind to be able to slam the hammer down form on the taking of gifts.’’ ‘‘What of blatant effort to circumvent the rule when all the Senator has to do is say was it?’’ ‘‘Well, we could take a gift on is going to have a very, very serious the Senate expressly permitted it many occasions from a lobbyist as long case before the Ethics Committee. under this rule. as it was under $50 and it would never I suggest they get themselves a good Mr. LEVIN. Mr. President, I yield apply to any limit.’’ lawyer because the chances are they myself 4 minutes. People will just laugh at that. That are likely to get censured. First, let me comment on the point I thank the Chair very much. I thank is not reform. That is my first point. just made by the Senator from Wis- My second point, Mr. President, my friend from Minnesota. I think it is consin. I also do not understand how it which may or may not move col- important that we clear this up, that can be argued in this amendment of- leagues, but I would like to talk about one could engage in this kind of con- fered by my friend from Mississippi the flip side of the coin. It does seem to duct with impunity and expect not to that gifts under $50 might somehow or me, Mr. President, that for a lot of peo- be in deep, deep trouble. other be limited, even though the ple in Minnesota, a lot of hard-pressed Mr. LOTT. Absolutely, and if the amendment says there is no limit. people, we cut the low-income energy Senator will yield, I appreciate him The amendment of the Senator from assistance in the House of Representa- speaking up as chairman of the Ethics Mississippi says, ‘‘The prohibitions of tives. They eliminated it. There are a Committee in pointing this out. Also, I this paragraph do not apply to gifts lot of wage earners, there are a lot of think it would be important that we with a value of less than $50.’’ We talk senior citizens, there are a lot of stu- note in the underlying bill that we are about putting Members of the Senate dents, there are a lot of farmers, there working on now, the substitute, a lot of in jeopardy with vague language. I do are a lot of neighborhood people in the discussion went into the fact that good not know how it can then be argued by cities, there are a lot of regular people faith is an important part of this. In supporters of the amendment that, yes, who cannot afford to take us out for fact, it talks about ‘‘and in good faith maybe they do. Maybe the prohibitions $50. Where do they fit into this equa- believes to have a value of less than’’; of this paragraph do apply to gifts if tion? Maybe they have a shot at taking ‘‘no formal recordkeeping is required, given repeatedly in multiples, day us out for $20, so that we go out to din- but a Member, officer, employee shall after day. The language is pretty clear. ner with them and not just with lobby- make a good-faith effort to comply You do not aggregate gifts. The prohi- ists. Let us have a little equality here, with this paragraph.’’ bitions do not apply to gifts with a and that is the second part of my argu- I think that language is very basic to value of less than $50. ment. what we are trying to do. If you really Mr. President, how much time do I want to slight these rules, you prob- It seems to me that that is one of the have left? ably can. We all ought to act in good fundamental flaws of this particular The PRESIDING OFFICER. The Sen- faith. I know the Senate will do that. If amendment—that the gifts are not ag- ator has 1 minute left. we do some of the things outlined by gregated, and that means you can have Mr. WELLSTONE. I yield the rest of some of the others, Senators will cer- a gift each day of under $50 from the my time. tainly have to answer to the Senate same source. And according to the lan- The PRESIDING OFFICER. Who Ethics Committee. guage, the prohibitions of this para- yields time? The Senator from Michi- I thank the Senator from Kentucky graph do not apply. gan has 13 minutes and 54 seconds; the for his comments. Second, it seems to me we have a Senator from Mississippi has 16 min- The PRESIDING OFFICER. Who precedent for this $20 rule. That is the utes and 10 seconds. yields time? executive branch. And, by the way, the Mr. LOTT. Mr. President, how much Mr. LOTT. Mr. President, I ask unan- executive branch also aggregates gifts time does the Senator need? imous consent that the Senator from of under $20, as does the McCain sub- Mr. MCCONNELL. Five minutes. Louisiana, Senator BREAUX, be added stitute. Mr. LOTT. I yield 5 minutes, and as an original cosponsor of my amend- So we have a precedent in two ways. more, if he needs it, to the Senator ment. The executive branch rule reads as fol- from Kentucky. The PRESIDING OFFICER. Without lows: ‘‘An employee may accept unso- Mr. MCCONNELL. Mr. President, I objection, it is so ordered. licited gifts having an aggregate mar- just want to make clear that any Mem- Mr. LEVIN. Mr. President, I yield 1 ket value of $20 or less per occasion’’— ber of the Senate who chose to take minute to the Senator from Wisconsin. That is the $20 rule—‘‘provided that

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10816 CONGRESSIONAL RECORD — SENATE July 27, 1995 the aggregate market value of indi- ator Rockefeller be recognized to offer that nobody—certainly not Senator vidual gifts received from any one per- his amendment, and, if offered, limited LOTT or Senator BREAUX—is suggesting son under the authority of this para- to 10 minutes, to be equally divided in that this is the kind of thing that graph shall not exceed $50 in a calendar the usual form; following that debate, would be tolerated by the adoption of year.’’ That is the $50 aggregate rule. the Senate proceed to vote on or in re- the $50 to $100 option. So in the executive branch rules, which lation to the Rockefeller amendment. I thank the Chair. they have lived with successfully, we I further ask that following the dis- The PRESIDING OFFICER. Who have precedent for both parts of this position of the Rockefeller amend- yields time? rule in the McCain substitute, both a ment, Senator WELLSTONE be recog- Mr. LEVIN. Mr. President, I am $20 limit and the $50 aggregate. nized to offer his amendment, on which happy to yield the remainder of my Now, what we also do in the sub- there would be 1 hour of debate, to be time or any portion thereof that the stitute is something very important. equally divided, to be followed by a Senator from Arizona needs. We avoid the recordkeeping. One of the vote on or in relation to the Wellstone The PRESIDING OFFICER. The Sen- problems with any aggregate is what amendment. ator has 8 minutes remaining. about recordkeeping. Unless you say it I further ask that following the dis- Mr. MCCAIN. Mr. President, I do not is not necessary, you can run into a position of the Wellstone amendment, intend to take more than 2 or 3 min- problem with recordkeeping because it Senator DOLE be recognized to offer his utes here. simply is a cumbersome requirement if amendment, on which there will be 5 Perhaps the Senator from Kentucky you have to keep records. So in the minutes under the control of Senator is correct in that if someone, day after substitute it says, ‘‘No formal record- DOLE and 30 minutes under the control day, week after week, took $50 or $49.95 keeping is required by this paragraph, of Senator LEVIN, to be followed by a from the same person, that would be but a Member, officer, employee, shall vote on or in relation to the Dole viewed as conduct unbecoming to a make a good-faith effort to comply amendment. Member of the U.S. Senate. with the paragraph.’’ We leave it up to I further ask that following the dis- Now we will talk about reality, Mr. the good faith of the Member to com- position of the Dole amendment, the President. The reality now is, day in ply with the $50 aggregate rule. Senate proceed to the closing debate, day out, week after week, month after Mr. President, this is a very signifi- to be followed by third reading and month, people do take from different cant change in the substitute. If this final passage, as provided in the pre- sources—from different sources—sig- amendment passes, we are going to be vious consent agreement. nificant amounts, in favors, meals, et pretty close to business as usual, be- The PRESIDING OFFICER. Is there cetera. It goes on all the time. We cause a $50 rule allows for the lunches objection? know it. and for the suppers, and if do you not Without objection, it is so ordered. No, I do not believe that someone aggregate gifts under $50, you have the Mr. LOTT. Mr. President, I yield 5 would take $50 a day from the same situation where basically the gifts minutes to Senator MCCONNELL. person. But I sure as heck do believe under $50 are unlimited. In both re- Mr. McCONNELL. Mr. President, I that someone would take $49.95 from a spects, it is much too close to business probably will not take 5 minutes. whole lot of different people. as usual. Again, at risk of being redundant, I do Mr. President, just look at the gifts Now, is it a change from $100? Yes, it not want to leave anybody in the Sen- that come into our office on a daily is. I am the first to concede that. But ate, or out in the country, who cares basis. Look at it at Christmas time. does it come close to where we should about this issue with the impression Federal Express finds the Capitol to be be as an institution? I am afraid not. that one could accept repetitious meals the busiest place for them to go. There Therefore, I do hope that we will defeat or gifts of any sort, day after day after are baskets and all kinds of things that this amendment. day, and not be in serious trouble. come in. Mr. President, I yield the floor. In fact, Mr. President, it is inter- What is wrong with that? Nothing, UNANIMOUS-CONSENT AGREEMENT esting to note that some of the most except that we live differently from the Mr. LOTT. Mr. President, we are famous ethics cases in recent years rest of the American people. And the ready for another unanimous-consent have not been a violation of Senate American people want us to live like agreement that is very important. I rules. The current case before us that they do. I do not know any average cit- would like to do that at this point, and everyone is quite familiar with—cer- izen in the State of Arizona who gets then Senator MCCONNELL and Senator tainly, I am—with regard to the Sen- gratuities or meals, or whatever it is, MCCAIN may have some comments. ator from Oregon, some of the charges to the tune of approaching $50 a day. I Mr. President, I ask unanimous con- relate to allegations of sexual mis- do not know of any. Not even business sent that when the Senate completes conduct. In fact, those are not tech- executives. No one, except we here in its business today, it stand in recess nically a violation of Senate rules. But Congress. until 9 a.m., and at 9 a.m., there be 10 I think we would all agree it is a very Mr. President, the American people minutes for debate, to be equally di- serious case. The Keating Five case in- want us to live like they do. Perhaps, vided on the Murkowski amendment, volved largely no violations of Senate as Senator STEVENS said, in the grand and the Senate proceed to vote on or in rules. In fact, the Senate adopted a new days of the U.S. Senate, when I was not relation to the Murkowski amendment rule after the Keating case, rule 43. here and there were not problems and No. 1874. So regardless of how people may feel people lived a certain way, that was a I further ask that following the Mur- about whether the limit should be set different era. kowski vote, there be 10 minutes for at $20 and $50, or $50 and $100, I want to It was articulated again over in the debate, to be equally divided, to be fol- assure the Senate and the public, as 1994 election. Turn on your talk radio lowed by a vote on or in relation to the chairman of the Ethics Committee, anywhere in America. They believe Lott amendment regarding limits, and that anybody who took repetitious that the Congress lives differently than that following the conclusion of the gifts carefully crafted to circumvent they do, that we do not understand vote on the Lott-Breaux limits amend- the spirit of this limit, whether it is their everyday problems and issues and ment, Senator Byrd be recognized to set at $20 or $50, is in a heck of a lot of challenges because we live differently. offer his amendment, on which there trouble. And a candidate for censure. They want us to live like them. will be 45 minutes, to be divided, with Certainly, the argument can be made Yes, as the Senator from Mississippi 40 minutes under the control of the that it is technically possible. But, as a said, we could go to zero, I guess. That Senator from West Virginia, Senator practical matter, anybody who did that may be a move that would be made if Byrd, and 5 minutes under the control would be in very serious trouble and this one is defeated. I do not think that of Senator MCCONNELL, with a vote to would have obviously violated the is appropriate. I think that $20 with an occur on the Byrd amendment fol- standards that we all accept as appro- aggregate of $50 is appropriate. lowing the conclusion of the debate. priate as behavior of Senators. I think most Americans would think I further ask that following the dis- I just wanted to make certain that that was appropriate. I do not believe, position of the Byrd amendment, Sen- everybody had a clear understanding I just do not believe, that $50 a day

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10817 unending, from different sources, is When are Senators going to go to Mr. LEVIN. I have not yielded back what the American people think they dinner? Senators are here voting. OK, my time. could ever attain, and they do not Tuesday—Tuesday we have policy The PRESIDING OFFICER. The Sen- think that we should live in that fash- luncheons. We all eat together. Demo- ator from Michigan has 3 minutes 27 ion. crats eat at their policy luncheon, and seconds remaining, and the Senator This is, as the Senator from Wis- we eat at ours. There ain’t no lunch- from Mississippi has 2 minutes 3 sec- consin, the Senator from Minnesota, eon. onds remaining. and the Senator from Michigan said, And at night we are here. Maybe the Mr. LOTT. Mr. President, I reserve this is a very, very important amend- average Member, at least in my case, I the remainder of my time unless we are ment, because if we do pass this get roped or rooked into having to go ready to yield our time, I say to the amendment, then it is fundamentally to dinner maybe once a week. I am Senator from Michigan. business as usual. doing better now. It is more like once Mr. LEVIN. Mr. President, I do not I do not think that this whole exer- every 2 weeks. So I do not have lunches know of anybody on our side who wish- cise was about business as usual. I off of Capitol Hill hardly ever. I eat up es to use any of the time. I will just think that the 1994 election was about here with my colleagues. A lot of the yield myself 30 seconds to say, wher- change. I think this is one of the time we are doing business and enjoy- ever you draw a line, someone is going changes. This is not the most earth- ing each other’s company a little bit. to argue that we cannot be bought for shaking change. This is not up there The idea that we can be bought for a $20, we cannot be bought for $50, we with the balanced budget amendment. steak but not for a hamburger, I do not cannot be bought for $100—wherever It will not be the end of the world if it understand that. I like hamburgers you draw the line. The question is, we better anyway. It is OK if Members go fails. have to draw a line and we have to out to a luncheon and get hamburgers, But, Mr. President, there is an ero- draw it a lot lower than where the line but it is not OK if Members go to din- sion in confidence on the part of the is currently drawn because it is too American people in Congress. I saw a ner and have a steak. Give me a break. Again, I am arguing we should be loose. It is unlimited meals, it is un- poll not too long ago that 19 percent of limited tickets, it is recreational trav- the American people believe that Con- reasonable and rational. This $20 limit is not rational. The inference is Mem- el. We have to draw much tighter lines. gress can be counted on to do the right We have a precedent in the executive thing some of the time—some of the bers can go for steak for dinner every night. I guess Members could go out to branch. There is a $20 gift rule. It has time. I do not think it was an accident not created any big problems. It works. that the U.S. Senate—I believe the an $18 chicken luncheon every day. I realize the language has good faith And they do aggregate. That means first act we passed was unfunded man- in there. I think good faith applies to gifts under $20 count toward the aggre- dates; and the second was—what? Put the $50 limit like it does to the $20 gate limit of $50. That is our sub- Congress under the rules that the limit. We are not going to be going out stitute. It is based on that pattern. It American people live by. The laws that pressing the limit every day. We are works. It has not gotten folks into we pass that apply to them apply to us. going to act in good faith. We are all trouble. It seems to me that this amendment acting in good faith. It seems to me, if the executive again removes us from the average I want to make this point. This branch can function as they have with American into a rather rarefied strato- amendment that would put the limit at a $20 limit and gifts below $20 counting sphere in which very few other Ameri- $50 with the aggregate of $100 is dif- towards a $50 aggregate, we ought to be cans are able to circulate. ferent, fundamentally different, big able to live under that limit as well. Mr. President, I hope we will defeat time different from the existing law I yield the remainder of my time and this amendment. I do not underesti- which says Members report if it is over I do ask unanimous consent that Sen- mate how important this amendment $100 and the limit is $250, and meals are ator HARKIN be added as a cosponsor to is. I thank the Senator from Michigan exempted always—which they should the pending substitute. for yielding me time. I reserve the re- be. The PRESIDING OFFICER. Without mainder of my time. Now, I do not believe anybody can be objection, it is so ordered. Mr. LOTT. Mr. President, I yield my- bought for a meal or a bunch of meals. The Senator from Mississippi. self such time as may be consumed. That is ridiculous. So, we are making a Mr. LOTT. Mr. President, I yield The PRESIDING OFFICER. The Sen- big change from $100 and $250 limit, back the remainder of my time. ator has 8 minutes remaining. down to $50 and $100. The PRESIDING OFFICER. All time Mr. LOTT. Mr. President, I think the This amendment is not about busi- Senate would function a lot better if, has been yielded back. ness as usual. And business as usual Mr. FORD. Mr. President, I ask unan- in fact, we did live more like ordinary around here is not that Senators go out citizens with families. Maybe it would imous consent that the pending amend- and get bought for a $50 gift or a $50 or ment be set aside. be a good idea if we begin by being $60 steak dinner. We should have tight home at night. That is where most The PRESIDING OFFICER. Without rules. We should be careful. We should objection, it is so ordered. Americans are today. They are at home watch out for the image and the per- with their kids and their wives and ception of this institution, because we AMENDMENT NO. 1877 their husbands. They are living like all are affected by the misconduct of Mr. FORD. Mr. President, I have a normal human beings. And here we are. only one. But we should not put our- technical amendment to change some Where were we last night? We were selves in a position where we cannot language on page 16, line 25. I have here. Where were we the night before? comply with logical rules, and where cleared this with the majority leader, We were here. we cannot have free and normal con- the majority whip, chairman of the Now, I want to meet the Senator that tact, at least with our constituents. Ethics Committee, all those who are is having lunch and dinner every day of Most people think you are talking cosponsors. I think I have cleared it. the week around here. It does not hap- about limiting all those big-time slick- So I ask unanimous consent that I pen. We come back in here, most of us suited Washington lawyer-lobbyists. might offer an amendment at this come flying in from Wisconsin, Min- This limits, also, how we can interact time. nesota, Kentucky, Mississippi, all the with our constituents from down The PRESIDING OFFICER. Without way from Arizona, we get here in the home—or up home, if you are from up objection, it is so ordered. afternoon on Monday and gripe like the North. Mr. FORD. Mr. President, I send an devil if we have a vote before 6 o’clock We have made a lot of progress. I amendment to the desk and ask for its on Monday. It would be good enough if think we will be better off with this immediate consideration. we worked on Monday morning like av- bill. But I think if we go with this $20 The PRESIDING OFFICER. The erage citizens, instead of Monday and $50 limit, it will be trouble. clerk will report. night. So, we get here in the afternoon, Mr. President, I have no further re- The bill clerk read as follows: and we are in session. We do not start quests for time. I believe all time is The Senator from Kentucky [Mr. FORD] voting until 5 o’clock or 6 o’clock. about expired or has been yielded back. proposes an amendment numbered 1877.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10818 CONGRESSIONAL RECORD — SENATE July 27, 1995 Mr. FORD. Mr. President, I ask unan- REPORT RELATIVE TO ORGANIZA- retary of State or his delegate, or the imous consent that reading of the TIONS THAT THREATEN TO DIS- Director of the Office of Foreign Assets amendment be dispensed with. RUPT THE MIDDLE EAST PEACE Control (FAC) acting under authority The PRESIDING OFFICER. Without PROCESS—MESSAGE FROM THE delegated by the Secretary of the objection, it is so ordered. PRESIDENT—PM 68 Treasury. Public notice of blocking is The amendment is as follows: The Presiding Officer laid before the effective upon the date of filing with On page 16 of the McCain substitute on line Senate the following message from the the Federal Register, or upon prior ac- 25 insert after ‘‘shall take effect on’’ the fol- President of the United States, to- tual notice. lowing: ‘‘and be effective for calendar years 2. On January 25, 1995, FAC issued a beginning on’’. gether with an accompanying report; which was referred to the Committee notice listing persons blocked pursuant Mr. FORD. Mr. President, this is just on Banking, Housing, and Urban Af- to Executive Order No. 12947 who have a technical amendment that changes fairs. been designated by the President as the language on that line and page. I terrorist organizations threatening the have cleared it all. I will not debate it. To the Congress of the United States: Middle East peace process or who have I hereby report to the Congress on The PRESIDING OFFICER. Is there been found to be owned or controlled the developments concerning the na- further debate? The Senator from Mis- by, or to be acting for or on behalf of, tional emergency with respect to orga- sissippi. these terrorist organizations (60 Fed. Mr. LOTT. Has this been agreed to? nizations that threaten to disrupt the Reg. 5084, January 25, 1995). The notice Mr. FORD. Not yet. Middle East peace process that was de- identifies 31 entities that act for or on THE PRESIDING OFFICER. If there clared in Executive Order No. 12947 of behalf of the 12 Middle East terrorist be no further debate, the question is on January 23, 1995. This report is sub- organizations listed in the Annex to agreeing to the amendment. mitted pursuant to section 401(c) of the Executive Order No. 12947, as well as 18 The amendment (No. 1877) was agreed National Emergencies Act, 50 U.S.C. individuals who are leaders or rep- to. 1641(c); section 204(c) of the Inter- resentatives of these groups. In addi- Mr. FORD. Mr. President, I move to national Emergency Economic Powers tion the notice provides 9 name vari- reconsider the vote. Act (IEEPA), 50 U.S.C. 1703(c); and sec- ations or pseudonyms used by the 18 in- Mr. LEVIN. I move to lay that mo- tion 505(c) of the International Secu- dividuals identified. The FAC, in co- tion on the table. rity and Development Cooperation Act ordination with the Secretary of State The motion to lay on the table was of 1985, 22 U.S.C. 2349aa–9(c). and the Attorney General, will con- agreed to. 1. On January 23, 1995, I signed Exec- tinue to expand the list of terrorist or- The PRESIDING OFFICER. The Sen- utive Order No. 12947, ‘‘Prohibiting ganizations as additional information ator from Arizona. Transactions with Terrorists Who is developed. A copy of the notice is at- Mr. MCCAIN. Mr. President, I wanted Threaten to Disrupt the Middle East tached to this report. to thank the Senator from Kentucky Peace Process’’ (the ‘‘order’’) (60 Fed. and the Senator from Mississippi, my Reg. 5079, January 25, 1995). The order 3. The expenses incurred by the Fed- friends from Minnesota and Wisconsin blocks all property subject to U.S. ju- eral Government in the 6-month period as well as the Senator from Michigan. risdiction in which there is any inter- from January 23 through July 21, 1995, This is a very contentious issue. A est of 12 terrorist organizations that that are directly attributable to the great deal of emotion has been associ- threaten the Middle East peace process exercise of powers and authorities con- ated with it. I think we have addressed as identified in an Annex to the order. ferred by the declaration of the na- the issues tonight in an informative The order also blocks the property and tional emergency with respect to orga- and not exactly emotionless, but cer- interests in property subject to U.S. ju- nizations that disrupt the Middle East tainly a professional, manner. risdiction of persons designated by the peace process are estimated at approxi- I thank all of them for their con- Secretary of State, in coordination mately $55,000. Personnel costs were tributions. And I again thank the staff with the Secretary of the Treasury and largely centered in the Department of on both sides of the aisle for I think the Attorney General, who are found the Treasury (particularly in the Office very important contributions. (1) to have committed, or to pose a sig- of Foreign Assets Control, the Office of I thank my friend from Mississippi nificant risk of committing, acts of vi- the General Counsel, and the U.S. Cus- for his indulgence. olence that have the purpose or effect toms Service), the Department of f of disrupting the Middle East peace State, and the Department of Justice. MORNING BUSINESS process, or (2) to assist in, sponsor, or 4. Executive Order No. 12947 provides this Administration with a new tool for Mr. LOTT. Mr. President, I ask unan- provide financial, material, or techno- logical support for, or services in sup- combatting fundraising in this country imous consent that there now be a pe- on behalf of organizations that use ter- riod for the transaction of routine port of, such acts of violence. In addi- tion, the order blocks all property and ror to undermine the Middle East peace morning business, with Senators per- process. The order makes it harder for mitted to speak for up to 5 minutes interests in property subject to U.S. ju- risdiction in which there is any inter- such groups to finance these criminal each. activities by cutting off their access to The PRESIDING OFFICER. Without est of persons determined by the Sec- sources of support in the United States objection, it is so ordered. retary of the Treasury, in coordination with the Secretary of State and the At- and to U.S. financial facilities. It is f torney General, to be owned or con- also intended to reach charitable con- MESSAGES FROM THE PRESIDENT trolled by, or to act for or on behalf of, tributions to designated organizations Messages from the President of the any other person designated pursuant to preclude diversion of such donations United States were communicated to to the order (collectively ‘‘Specially to terrorist activities. the Senate by Mr. Thomas, one of his Designated Terrorists’’ or ‘‘SDTs’’). In addition, I have sent to the Con- secretaries. The order further prohibits any gress new comprehensive f transaction or dealing by a United counterterrorism legislation that States person or within the United would strengthen our ability to pre- EXECUTIVE MESSAGES REFERRED States in property or interests in prop- vent terrorist acts, identify those who As in executive session the Presiding erty of SDTs, including the making or carry them out, and bring them to jus- Officer laid before the Senate messages receiving of any contribution of funds, tice. The combination of Executive from the President of the United goods, or services to or for the benefit Order No. 12947 and the proposed legis- States submitting sundry nominations of such persons. This prohibition in- lation demonstrate the United States’ which were referred to the appropriate cludes donations that are intended to determination to confront and combat committees. relieve human suffering. those who would seek to destroy the (The nominations received today are Designations of persons blocked pur- Middle East peace process, and our printed at the end of the Senate pro- suant to the order are effective upon commitment to the global fight ceedings.) the date of determination by the Sec- against terrorism.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10819 I shall continue to exercise the pow- ‘‘Whereas, in Tennessee, these funds have bama Congressional Delegation, and to the ers at my disposal to apply economic helped to steadily decrease boating fatalities Speaker of the U.S. House of Representatives sanctions against extremists seeking so that the past three years have been the and the President of the U.S. Senate as an to destroy the hopes of peaceful coex- lowest on record; and expression of our opposition.’’ ‘‘Whereas, the loss of these funds will be istence between Arabs and Israelis as devastating to Tennessee’s boating program POM–251. A resolution adopted by the long as these measures are appropriate, by reducing the education and enforcement Greater Miami Chamber of Commerce of the and will continue to report periodically programs by nearly half; and City of Miami, Florida relative to Cuba; to to the Congress on significant develop- ‘‘Whereas, the current administration did the Committee on Foreign Relations. ments pursuant to 50 U.S.C. 1703(c). not ask for these funds as a part of the pro- POM–252. A resolution adopted by the WILLIAM J. CLINTON. posed federal budget, thereby ending an House of the Legislature of the State of Indi- enormously successful program engineered THE WHITE HOUSE, July 27, 1995. ana; to the Committee on Foreign Relations. through the cooperative efforts of the Amer- ‘‘HOUSE RESOLUTION NO. 74 f ican League of Anglers and Boaters, Fish and ‘‘Whereas, China has been a divided nation Wildlife Agencies, Congress, and others; and MESSAGES FROM THE HOUSE since 1949, and the governments of the Re- ‘‘Whereas, these funds cannot be used for public of China on Taiwan (hereinafter cited At 2 p.m., a message from the House budget deficit reduction but rather will as ‘‘Taiwan’’) and the People’s Republic of of Representatives, delivered by Mr. transfer to the Sport Fisheries account of China on Mainland China (hereinafter cited the Aquatic Resources Trust Fund, thereby Hays, one of its reading clerks, an- as ‘‘Mainland China’’) have exercised exclu- bypassing the intent of the enabling legisla- nounced that the House has passed the sive jurisdiction over separate parts of tion; and following bill, in which it requests the China; ‘‘Whereas, there was bipartisan support in concurrence of the Senate: ‘‘Whereas, Taiwan has the 19th largest the 103rd Congress in the form of HR 4477 to gross national product in the world, a strong H.R. 2076. An act making appropriations reinstate this vital funding on a sustained and vibrant economy, and one of the largest for the Department of Commerce, Justice basis; and foreign exchange reserves of any nation; and State, the Judiciary, and related agen- ‘‘Whereas, there appears to be movement ‘‘Whereas, Taiwan has dramatically im- cies for the fiscal year ending September 30, to address this same boating safety funding proved its record on human rights and rou- 1996, and for other purposes. dilemma in the early days of the 104th Con- tinely holds free and fair elections in a gress: Now, therefore, be it The message also announced that the multiparty system, as evidenced most re- ‘‘Resolved by the Senate of the Ninety-Ninth House disagree to the amendments of cently by the December 3, 1994 balloting for General Assembly of the State of Tennessee, the the Senate to the bill (H.R. 1854) mak- local and provincial officials: House of Representatives concurring, That this ing appropriations for the Legislative ‘‘Whereas, the 21 million people on Taiwan General Assembly hereby memorializes the are not represented in the United Nations Branch for the fiscal year ending Sep- United States Congress to enact legislation and their human rights as citizens of the tember 30, 1996, and for other purposes; which would reinstate Aquatic Resources world are therefore severely abridged; it agrees to the conference asked by Trust Fund (Wallop-Breaux) monies on a sus- ‘‘Whereas, Taiwan has in recent years re- the Senate on the disagreeing votes of tained funding basis to assure the continued peatedly expressed its strong desire to par- proven success of Tennessee’s, as well as the two Houses thereon and appoints ticipate in the United Nations; other states’, boating safety and education Mr. PACKARD, Mr. YOUNG of Florida, ‘‘Whereas, Taiwan has much to contribute program, and be it further Mr. TAYLOR of Mississippi, Mr. MILLER to the work and funding of the United Na- ‘‘Resolved, That the Chief Clerk of the Sen- tions; of Florida, Mr. WICKER, Mr. LIVING- ate is directed to transmit enrolled copies of ‘‘Whereas, Taiwan has demonstrated its STON, Mr. FAZIO, Mr. THORNTON, Mr. this resolution to the Honorable Bill Clinton, commitment to the world community by re- DIXON, and Mr. OBEY as managers of President of the United States; the Speaker sponding to international disasters and cri- the conference on the part of the and the Clerk of the U.S. House of Rep- ses such as environmental destruction in the House. resentatives; the President and the Sec- Persian Gulf and famine in Rwanda by prov- retary of the U.S. Senate; and to each mem- f ing financial donations, medical assistance, ber of the Tennessee Congressional Delega- and other forms of aid; MEASURES REFERRED tion.’’ ‘‘Whereas, the world community has re- The following bill was read the first acted positively to Taiwan’s desire for inter- POM–250. A resolution adopted by the and second times by unanimous con- national participation, as shown by Taiwan’s House of the Legislature of the State of Ala- continued membership in the Asian Develop- sent and referred as indicated: bama; to the Committee on Finance. ment Bank, the admission of Taiwan into H.R. 2076. An act making appropriations ‘‘RESOLUTION 369 for the Department of Commerce, Justice, the Asia-Pacific Economic Cooperation ‘‘Whereas, the health insurance benefits of and State, the Judiciary, and related agen- group as a full member, and the accession of nearly 100,000 retired coal miners, with an cies for the fiscal year ending September 30, Taiwan as an observer at the General Agree- average age of 73, are in jeopardy due to 1996, and for other purposes; to the Com- ment on Tariffs and Trade as the first step pending bills in the United States Congress; mittee on Appropriations. toward becoming a contracting party to the and organizations; f ‘‘Whereas, the coal mining industry is vital ‘‘Whereas, the United States has supported PETITIONS AND MEMORIALS to the economy of Alabama and other states Taiwan’s participation in these bodies and threatened by these pending bills; and indicated, in its policy review of September The following petitions and memo- ‘‘Whereas, these bills, if enacted, could re- 1994, a stronger and more active policy of rials were laid before the Senate and lieve more than 400 corporations and compa- support for Taiwan’s participation in other were referred or ordered to lie on the nies from contributing into a health care international organizations; table as indicated: fund established to replace several finan- ‘‘Whereas, Taiwan has repeatedly stated cially-troubled funds and would result in se- that its participation in international orga- POM–248. A resolution adopted by the New vere hardship to retired coal miners, imperil nization is that of a divided nation, with no Jersey State Federation of Women’s Club the economic stability of the communities in intention to challenge the current inter- relative to children; to the Committee on Fi- which these miners live, and would impose national status of Mainland China; nance. additional fiscal burdens on the social serv- ‘‘Whereas, the United Nations and other POM–249. A joint resolution adopted by the ice systems of the various states: and international organizations have established Legislature of the State of Tennessee; to the ‘‘Whereas, most of the retirees that would precedents concerning the admission of sepa- Committee on Finance. be affected worked their entire lives in ap- rate parts of divided nations, such as Korea ‘‘SENATE JOINT RESOLUTION NO. 12 pallingly dangerous and severe conditions, and Germany; and ‘‘Whereas, the Aquatic Resources Trust and to now deny benefits is unthinkable to ‘‘Whereas, Taiwan’s participation in inter- Fund (Wallop-Breaux) was enacted by the fair-minded persons throughout the country: national organizations would not prevent or U.S. Congress so that the safety and edu- Now therefore be it imperil a future voluntary union between cation of the nation’s boaters would receive ‘‘Resolved by the House of Representatives of Taiwan and mainland China any more than funding similar to that provided for fish and the Legislature of Alabama, That we hereby the recognition of separate governments in wildlife programs; and express our strongest opposition to the pas- the former West Germany and the former ‘‘Whereas, Aquatic Resources Trust Fund sage or consideration of any pending bills be- East Germany prevented the voluntary re- monies are not general funds, but rather fore the United States Congress that would unification of Germany: Now, therefore, be it trust funds derived from the tax boaters pay eliminate or reduce benefits for coal miners ‘‘Resolved by the House of Representatives of on marine fuel and, therefore, represent a and their widows. the General Assembly of the State of Indiana: prime example of the user fee concept, i.e. ‘‘Resolved further, That a copy of this reso- ‘‘Section 1. Taiwan deserves full participa- user pays, user benefits; and lution be sent to each member of the Ala- tion, including a seat in the United Nations,

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10820 CONGRESSIONAL RECORD — SENATE July 27, 1995 and the government of the United States his child may choose to leave the United Rear Adm. (1h) John Henry McKinley, Jr., should immediately encourage the United States with that child; and 000–00–0000, U.S. Naval Reserve. Nations to establish an ad hoc committee for ‘‘Whereas, international cases of parental Rear Adm. (1h) John Francis Paddock, Jr., the purpose of studying membership for Tai- abduction of children have increased dra- 000–00–0000, U.S. Naval Reserve. wan in that organization and its related matically; and ENGINEERING DUTY OFFICER agencies. ‘‘Whereas, since 1977, the Office of Chil- To be rear admiral ‘‘Section 2. The principal Clerk of the dren’s Issues of the United States Depart- House of Representatives is directed to ment of State has been notified in the cases Rear Adm. (1h) Roger George Gilbertson, transmit a copy of this resolution to the of approximately 7,000 American children 000–00–0000, U.S. Naval Reserve. President of the United States, the Speaker who were abducted from the United States or DENTAL CORPS OFFICER of the United States House of Representa- prevented from returning to the United To be rear admiral tives, and the United States Senate Majority States by one of their parents; and Rear Adm. (1h) James Conley Yeargin, 000– Leader.’’ ‘‘Whereas, the Office of Children’s Issues 00–0000, U.S. Naval Reserve. has more than 1,200 unresolved cases of POM–253. A joint resolution adopted by the international abduction of children on file; SUPPLY CORPS OFFICER Legislature of the State of Nevada; to the and To be rear admiral Committee on Foreign Relations. ‘‘Whereas, the United States Department Rear Adm. (1h) Robert Cameron Crates, ‘‘JOINT RESOLUTION NO. 30 of State is not authorized to intervene in the 000–00–0000, U.S. Naval Reserve. ‘‘Whereas, The residents of the State of Ne- private legal matters of parents or to enforce The following-named officer for appoint- vada have enjoyed a sister-state relationship an agreement relating to the custody of a ment to the grade of lieutenant general with the residents of the Republic of China child who is living with a parent outside the while assigned to a position of importance on Taiwan for the past 10 years; and United States: Now, therefore, be it and responsibility under title 10, United ‘‘Whereas, the commercial interaction ‘‘Resolved by the Assembly and Senate of the States Code, section 601: with the Republic of China on Taiwan has State of Nevada, jointly, That the Nevada Leg- grown substantially in recent years to the islature hereby urges Congress to enact leg- To be lieutenant general benefit of the State of Nevada; and islation which would require that any appli- Maj. Gen. George K. Muellner, 000–00–0000, ‘‘Whereas, the Republic of China on Tai- cation for a passport for a child under the U.S. Air Force. wan has successfully established a demo- age of 16 years must be signed by: ‘‘1. Both The following-named officer for appoint- cratic, multiparty political system; and parents, if the parents and the child live to- ment to the grade of lieutenant general ‘‘Whereas, working in a cooperative atmos- gether; 2. The parent or parents who has while assigned to a position of importance phere with the United States, the role of the been awarded custody of the child; or 3. The and responsibility under title 10, United Republic of China on Taiwan in inter- surviving parent, if a parent is deceased; and States Code, section 601(a): national developmental programs and hu- be it further To be lieutenant general manitarian relief operations has expanded ‘‘Resolved, That the Chief Clerk of the As- Maj. Gen. Jared L. Bates, 000–00–0000, U.S. significantly during the past decade; and sembly prepare and transmit a copy of this ‘‘Whereas, seven Central American coun- Army. resolution to the Vice President of the The following U.S. Army National Guard tries have proposed to the Secretary General United States as presiding officer of the Sen- of the United Nations that a supplementary officers for promotion to the grades indi- ate, the Speaker of the House of Representa- cated in the Reserve of the Army, under the item be included in the provisional agenda of tives and each member of the Nevada Con- the 48th General Assembly session to con- provisions of sections 3385, 3392, and 12203(a), gressional Delegation; and be it further title 10, United States Code: sider the exceptional situation of the Repub- ‘‘Resolved, That this resolution becomes ef- lic of China on Taiwan in the international fective upon passage and approval.’’ To be major general community, based on the principle of uni- Brig. Gen. James J. Hughes, Jr., 000–00– f versality, and in accordance with the estab- 0000. lished pattern of parallel representation by REPORTS OF COMMITTEES Brig. Gen. William D. Jones, 000–00–0000. divided countries in the United Nations: The following reports of committees Brig. Gen. Melvin C. Thrash, 000–00–0000. Now, therefore, be it To be brigadier general ‘‘Resolved by the Assembly and Senate of the were submitted: State of Nevada, jointly, That our ongoing By Mr. DOMENICI, from the Committee on Col. John W. Hubbard, 000–00–0000. commercial relationship with the people of Appropriations, with amendments: Col. John D. Havens, 000–00–0000. the Republic of China on Taiwan be recog- H.R. 1905. A bill making appropriations for Col. Ronald D. Tincher, 000–00–0000. nized as serving our mutual interest in an energy and water development for the fiscal Col. Peter B. Injasoulian, 000–00–0000. equitable and reciprocal manner; and be it year ending September 30, 1996, and for other Col. Alfred E. Tobin, 000–00–0000. further purposes (Rept. No. 104–120). Col. James W. O’Toole, 000–00–0000. ‘‘Resolved, That the contributions of the By Mr. SHELBY, from the Committee on Col. Francis D. Vavala, 000–00–0000. Republic of China on Taiwan in light of her Appropriations, with amendments: Col. Michael H. Harris, 000–00–0000. democratic government and humanitarian H.R. 2020. A bill making appropriations for Col. Albert A. Mangone, 000–00–0000. service abroad, be accorded appropriate rec- the Treasury Department, the U.S. Postal Col. David P. Rataczak, 000–00–0000. ognition by the residents of the State of Ne- Service, the Executive Office of the Presi- Col. Thomas D. Kinley, 000–00–0000. vada; and be it further dent, and certain Independent Agencies, for Col. Joseph J. Taluto, 000–00–0000. ‘‘Resolved, That the Congress of the United the fiscal year ending September 30 1996, and Col. Norman A. Hoffman, 000–00–0000. States is hereby urged to give due consider- for other purposes (Rept. No. 104–121). Col. Ewald E. Beth, 000–00–0000. ation to the readiness of the people of the By Mr. HATFIELD, from the Committee Col. Gene Sisneros, 000–00–0000. Republic of China on Taiwan for its further on Appropriations: Col. Gus L. Hargett, Jr., 000–00–0000. contributions to broaden participation in the Special Report entitled ‘‘Revised Alloca- Col. Harold J. Stearns, 000–00–0000. international community, including the tion to Subcommittees of Budget Totals The following U.S. Army National Guard United Nations and such forums as multilat- from the Concurrent Resolution for Fiscal officers for promotion to the grades indi- eral trade associations and humanitarian re- Year 1996’’ (Rept. No. 104–122). cated in the Reserve of the Army, under the lief organizations; and be it further provisions of sections 3385, 3392, and 12203(a), ‘‘Resolved, That the Chief Clerk of the As- f title 10, United States Code: sembly prepare and transmit a copy of this EXECUTIVE REPORTS OF To be major general resolution to the President of the United COMMITTEES Brig. Gen. Woodrow D. Boyce, 000–00–0000. States, the Vice President of the United Brig. Gen. Robert J. Brandt, 000–00–0000. States as presiding officer of the Senate, the The following executive reports of Brig. Gen. Joseph H. Langley, 000–00–0000. Speaker of the House of Representatives, committee were submitted: Brig. Gen. John B. Ramey, 000–00–0000. each member of the Nevada Congressional By Mr. THURMOND, from the Committee To be brigadier general Delegation and to Director General Jyh- on Armed Services: yuan Lo of the Taipei Economic and Cultural The following-named rear admirals (lower Col. John D. Larson, 000–00–0000. Office in San Francisco; and be it further half) of the Reserve of the U.S. Navy for per- Col. Rosetta Y. Burke, 000–00–0000. ‘‘Resolved, That this resolution becomes ef- manent promotion to the grade of rear admi- Col. Burney H. Enzor, 000–00–0000. fective upon passage and approval.’’ ral in the line and staff corps, as indicated, Col. Frank P. Baran, 000–00–0000. pursuant to the provision of title 10, United Col. Robert M. Benson, 000–00–0000. POM–254. A joint resolution adopted by the States Code, section 5912: Col. Edward L. Correa, Jr., 000–00–0000. Legislature of the State of Nevada; to the Col. William R. Labrie, 000–00–0000. UNRESTRICTED LINE OFFICER Committee on Foreign Relations. Col. Namen X. Barnes, 000–00–0000. ‘‘JOINT RESOLUTION NO. 38 To be rear admiral Col. Randal M. Robinson, 000–00–0000. ‘‘Whereas, a parent who disagrees with a Rear Adm. (1h) Kenneth Leroy Fisher, 000– Col. Paul D. Monroe, Jr., 000–00–0000. court’s decision relating to the custody of 00–0000, U.S. Naval Reserve. Col. Lloyd D. McDaniel, Jr., 000–00–0000.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10821 Col. Stanley R. Thompson, 000–00–0000. July 12, 1995 at the end of the Senate INTRODUCTION OF BILLS AND Col. Holsey A. Moorman, 000–00–0000. proceedings.) JOINT RESOLUTIONS Col. Bradley D. Gambill, 000–00–0000. *In the Naval Reserve there are 6 pro- The following bills and joint resolu- Col. Harvey M. Haakenson, 000–00–0000. motions to the grade of rear admiral (list be- Col. David T. Hartley, 000–00–0000. gins with Kenneth Leroy Fisher) (Reference tions were introduced, read the first Col. Donald F. Hawkins, 000–00–0000. No. 163). and second time by unanimous con- Col. Earl L. Doyle, 000–00–0000. *In the Army Reserve there are 20 pro- sent, and referred as indicated: Col. David M. Wilson, 000–00–0000. motions to the grade of major general and By Mr. FEINGOLD: Col. James T. Carper, 000–00–0000. Col. William T. Thielemann, 000–00–0000. below (list begins with James J. Hughes, Jr.) S. 1078. A bill to amend the Consolidated Col. Frederic J. Raymond, 000–00–0000. (Reference No. 339). Farm and Rural Development Act to require The following U.S. Army Reserve officers *In the Army Reserve there are 26 pro- the Secretary of Agriculture to make tourist for promotion to the grades indicated in the motions to the grade of major general and and other recreational businesses located in Reserve of the Army of the United States, below (list begins with Woodrow D. Boyce) rural communities eligible for loans under under the provisions of sections 3371, 3384, (Reference No. 369). the business and industry loan program, and and 12203(a), title 10, United States Code: *In the Army Reserve there are 13 pro- for other purposes; to the Committee on Ag- motions to the grade of major general and riculture, Nutrition, and Forestry. To be major general below (list begins with William J. Collins, By Mr. COATS: Brig. Gen. William J. Collins, Jr., 000–00– Jr.) (Reference No. 370). S. 1079. A bill to amend the Internal Rev- 0000. **In the Air Force there are 12 appoint- enue Code of 1986 to provide a tax credit for Brig. Gen. Joe M. Ernst, 000–00–0000. ments to the grade of second lieutenant (list charitable contributions to organizations Brig. Gen. Steve L. Repichowski, 000–00– begins with Ann M. Brosier) (Reference No. providing poverty assistance, to allow tax- 0000. 421). payers who do not itemize to deduct chari- Brig. Gen. Joseph A. Scheinkoenig, 000–00– **In the Navy there are 282 appointments table contributions, and for other purposes; 0000. to the grade of captain and below (list begins to the Committee on Finance. Brig. Gen. James W. Warr, 000–00–0000. with Mark A. Armstrong) (Reference No. By Mr. STEVENS (for himself, Mr. To be brigadier general 422). PRYOR, and Mr. ROTH): Col. Stephen D. Livingston, 000–00–0000. **In the Navy and Naval Reserve there are S. 1080. A bill to amend chapter 84 of title Col. Joseph L. Thompson III, 000–00–0000. 21 appointments to the grade of captain and 5, United States Code, to provide additional Col. Roger L. Brautigan, 000–00–0000. below (list begins with Lawrence D. Hill, Jr.) investment funds for the Thrift Savings Col. John G. Townsend, 000–00–0000. (Reference No. 441). Plan; to the Committee on Government Af- Col. Michael L. Bozeman, 000–00–0000. **In the Air Force Reserve there are 22 pro- fairs. Col. William B. Raines, Jr., 000–00–0000. motions to the grade of lieutenant colonel By Mr. SIMPSON (for himself and Mr. Col. Jamie S. Barkin, 000–00–0000. (list begins with Gayle W. Botley) (Reference BAUCUS): Col. John L. Anderson, 000–00–0000. No. 442). S. 1081. A bill to terminate the application The following-named officer for appoint- **In the Air Force there are 43 promotions of title IV of the Trade Act of 1974 to Bul- ment to the grade of lieutenant general to the grade of lieutenant colonel and below garia; to the Committee on Finance. while assigned to a position of importance (list begins with Steven J. Austin) (Ref- By Mr. DODD (for himself and Mr. and responsibility under title 10, United erence No. 458). LIEBERMAN): States Code, section 601(a): **In the Air Force and Air Force Reserve S. 1082. A bill to require the Secretary of To be lieutenant general there are 33 appointments to the grade of the Treasury to mint coins in commemora- tion of the bicentennial of the Old State Maj. Gen. John A. Dubia, 000–00–0000, U.S. colonel and below (list begins with Angelo J. Freda) (Reference No. 459). House of Connecticut; to the Committee on Army. Banking, Housing, and Urban Affairs. The following-named officer to be placed **In the Air Force and Air Force Reserve there are 8 appointments to the grade of By Mr. THOMAS: on the retired list of the U.S. Marine Corps S. 1083. A bill to direct the President to lieutenant colonel and below (list begins in the grade indicated under section 1370, of withhold extension of the WTO Agreement to with Vincent F. Carr) (Reference No. 460). title 10, United States Code: any country that is not complying with its **In the Air Force Reserve there are 26 pro- To be lieutenant general obligations under the New York Convention, motions to the grade of lieutenant colonel and for other purposes; to the Committee on Lt. Gen. Robert B. Johnston, 000–00–0000. (list begins with Richard C. Beaulieu) (Ref- Finance. The following-named officer for appoint- erence No. 461). ment to the grade of lieutenant general By Mr. THURMOND (for himself and **In the Navy there are 2 promotions to while assigned to a position of importance Mr. HOLLINGS): the grade of lieutenant commander (list be- and responsiblity under title 10, United S. 1084. A bill to provide for the convey- gins with Kenneth V. Kollermeier) (Ref- States Code, section 601: ance of the C.S.S. Hunley to the State of erence No. 462). To be lieutenant general South Carolina, and for other purposes; to **In the Army there are 185 promotions to the Committee on Commerce, Science, and Maj. Gen. Kenneth A. Minihan, 000–00–0000, the grade of lieutenant colonel (list begins Transportation. U.S. Air Force. with Denise J. Anderson) (Reference No. 463). By Mr. DOLE (for himself, Mr. MCCON- *Maj. Gen. George K. Muellner, USAF to be (The above nominees were reported NELL, Mr. SIMPSON, Mr. KYL, Mr. lieutenant general (Reference No. 469). with the recommendation that they be BROWN, Mr. NICKLES, Mr. GRASSLEY, *Maj. Gen. Jared L. Bates, USA to be lieu- confirmed.) and Mr. SHELBY): tenant general (Reference No. 470). Mr. THURMOND. Mr. President, for S. 1085. A bill to prohibit discrimination *Maj. Gen. John A. Dubia, USA to be lieu- and preferential treatment on the basis of the Committee on Armed Services, I tenant general (Reference No. 471). report favorably the attached listing of race, color, national origin, or sex with re- *Lt. Gen. Robert B. Johnston, USMC to be spect to Federal employment, contracts, and nominations. placed on the retired list in the grade of lieu- programs, and for other purposes; to the Those identified with a single aster- tenant general (Reference No. 473). Committee on Governmental Affairs. **In the Air Force Reserve there are 69 pro- isk (*) are to be placed on the Execu- f tive Calendar. Those identified with a motions to the grade of colonel (list begins double asterisk (**) are to lie on the with James W. Amason) (Reference No. 474). SUBMISSION OF CONCURRENT AND Secretary’s desk for the information of **In the Army Reserve there are 21 pro- SENATE RESOLUTIONS motions to the grade of colonel and below any Senator since these names have al- (list begins with Frank M. Hudgins) (Ref- The following concurrent resolutions ready appeared in the CONGRESSIONAL erence No. 475). and Senate resolutions were read, and RECORD of June 5, June 13, June 21, **In the Army Reserve there are 49 pro- referred (or acted upon), as indicated: June 26, and July 12, 1995, and ask motions to the grade of colonel and below By Mr. DASCHLE (for himself, Mr. unanimous consent, to save the ex- (list begins with Robert D. Allen) (Reference DOLE, Mr. ROCKEFELLER, Mr. FORD, pense of reprinting on the Executive No. 476). Mr. THURMOND, Mr. LOTT, Mr. Calendar, that these nominations lie at *Maj. Gen. Kenneth A. Minihan, USAF to INOUYE, Mr. ABRAHAM, Mr. AKAKA, the Secretary’s desk for the informa- be lieutenant general (Reference No. 508). Mr. ASHCROFT, Mr. BAUCUS, Mr. BEN- tion of Senators. **In the Army there are 222 promotions to NETT, Mr. BIDEN, Mr. BINGAMAN, Mr. the grade of lieutenant colonel (list begins The PRESIDING OFFICER. Without BOND, Mrs. BOXER, Mr. BRADLEY, Mr. with David C. Anderson) (Reference No. 509). BREAUX, Mr. BROWN, Mr. BRYAN, Mr. objection, it is so ordered. **In the Navy there are 484 promotions to BUMPERS, Mr. BURNS, Mr. CAMPBELL, (The nominations ordered to lie on the grade of commander (list begins with Mr. CHAFEE, Mr. COATS, Mr. COCHRAN, the Secretary’s desk were printed in Jose A. Acosta) (Reference No. 510). Mr. COHEN, Mr. CONRAD, Mr. COVER- the RECORDS of June 5, 13, 21, 26 and Total: 1,549. DELL, Mr. CRAIG, Mr. D’AMATO,

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10822 CONGRESSIONAL RECORD — SENATE July 27, 1995 Mr. DEWINE, Mr. DODD, Mr. DOMENICI, ica’s rural economy by creating, devel- Tourism can, and does, create jobs Mr. DORGAN, Mr. EXON, Mr. FAIR- oping, or financing business, industry, which help to improve the economic CLOTH, Mr. FEINGOLD, Mrs. FEINSTEIN, and employment in rural America. climate in rural communities and pro- Mr. FRIST, Mr. GLENN, Mr. GORTON, After inquiring about obtaining such vide lasting community benefits. How- Mr. GRAHAM, Mr. GRAMM, Mr. GRAMS, funding, the constituent was informed Mr. GRASSLEY, Mr. GREGG, Mr. HAR- ever, without economic assistance to KIN, Mr. HATCH, Mr. HATFIELD, Mr. that tourist resorts were prohibited help stimulate growth in rural develop- HEFLIN, Mr. HELMS, Mr. HOLLINGS, from receiving funding under the B&I ment, successful transition to tourism Mrs. HUTCHISON, Mr. INHOFE, Mr. JEF- program. may prove difficult. FORDS, Mr. JOHNSTON, Mrs. KASSE- That did not make too much sense to Mr. President, I urge my colleagues BAUM, Mr. KEMPTHORNE, Mr. KEN- me especially since tourism can cer- to support this noncontroversial legis- NEDY, Mr. KERREY, Mr. KERRY, Mr. tainly play a significant role in the de- lation. I ask unanimous consent that KOHL, Mr. KYL, Mr. LAUTENBERG, Mr. velopment of rural areas, so I con- the text of the bill be printed in the LEAHY, Mr. LEVIN, Mr. LIEBERMAN, tacted the agency about the program. ECORD Mr. LUGAR, Mr. MACK, Mr. MCCAIN, R . When the B&I program was first estab- Mr. MCCONNELL, Ms. MIKULSKI, Ms. There being no objection, the bill was MOSELEY-BRAUN, Mr. MOYNIHAN, Mr. lished in 1972, no restrictions were ordered to be printed in the RECORD, as MURKOWSKI, Mrs. MURRAY, Mr. NICK- placed on guaranteeing loans to tourist follows: LES, Mr. NUNN, Mr. PACKWOOD, Mr. or other recreational-type businesses S. 1078 PELL, Mr. PRESSLER, Mr. PRYOR, Mr. located in rural communities. However, Be it enacted by the Senate and House of Rep- REID, Mr. ROBB, Mr. ROTH, Mr. on July 6, 1983, the Rural Development resentatives of the United States of America in SANTORUM, Mr. SARBANES, Mr. SHEL- Administration revised its internal Congress assembled, BY, Mr. SIMON, Mr. SIMPSON, Mr. lending policy relative to the B&I Pro- SECTION 1. SHORT TITLE. SMITH, Ms. SNOWE, Mr. SPECTER, Mr. gram and placed restrictions on the STEVENS, Mr. THOMAS, Mr. THOMP- This Act may be cited as the ‘‘Rural Com- SON, Mr. WARNER, and Mr. program’s regulations by prohibiting munity Tourism Act of 1995’’. WELLSTONE): such funding to tourist or recreation SEC. 2. LOANS FOR TOURISM IN RURAL COMMU- S. Res. 157. A resolution commending Sen- facilities. NITIES. ator Robert Byrd for casting 14,000 votes; I was advised that the agency was The first sentence of section 310B(a) of the considered and agreed to. currently reviewing their loan guar- Consolidated Farm and Rural Development Act (7 U.S.C. 1932(a)) is amended— f antee policy. I urged them to consider (1) by striking ‘‘and (3)’’ and inserting changing their internal lending policy STATEMENTS ON INTRODUCED ‘‘(3)’’; and BILLS AND JOINT RESOLUTIONS to allow guaranteed business and in- (2) by inserting before the period at the end dustry loans to be made to rec- the following: ‘‘, and (4) promoting the plan- By Mr. FEINGOLD: reational-type businesses located in ning, development, or financing of tourist or S. 1078. A bill to amend the Consoli- rural areas. In fact, a General Account- recreational businesses located in rural com- dated Farm and Rural Development ing Office report released in July 1992, munities’’. Act to require the Secretary of Agri- on the patterns of use in the B&I Pro- SEC. 3. REGULATIONS. culture to make tourist and other rec- gram came to the same conclusion. It To carry out paragraph (4) of section reational businesses located in rural suggests that the underutilization of 310B(a) of the Consolidated Farm and Rural communities eligible for loans under the program is due, in part, to the re- Development Act (7 U.S.C. 1932(a)) (as the business and industry loan pro- amended by section 2), the Secretary of Agri- strictions placed on using B&I funds culture shall publish— gram, and for other purposes; to the for activities related to tourism, and Committee on Agriculture, Nutrition, (1) interim final regulations not later than recommends revising the B&I Program 45 days after the date of enactment of this and Forestry. regulations to allow the selective use Act; and RURAL COMMUNITY TOURISM ACT OF 1995 of loan guarantees for these activities. (2) final regulations not later than 90 days ∑ Mr. FEINGOLD. Mr. President, I By all indications, the agency seems after the date of enactment of this Act.∑ rise today to introduce S. 1078, the to be leaning in favor of making this Rural Community Tourism Act of 1995, change to the B&I Program—a change By Mr. COATS: and discuss an issue of importance to that would reflect the kind of rural de- S. 1079. A bill to amend the Internal rural America and, in particular, to the velopment needs in communities such Revenue Code of 1986 to provide a tax economy of rural Wisconsin. This legis- as those in northern Wisconsin, and in- credit for charitable contributions to lation would amend current law to deed in communities across rural organizations providing poverty assist- allow the Secretary of Agriculture to America. Although my office has been ance, to allow taxpayers who do not promote tourism and recreation in in regular contact with the agency itemize to deduct charitable contribu- rural communities. Specifically, it about this policy change, I am told tions, and for other purposes; to the would amend the Consolidated Farm that they are still reviewing it—almost Committee on Finance. and Rural Development Act to require a year after we first contacted them THE COMPREHENSIVE CHARITY REFORM ACT the Secretary of Agriculture to make about this matter. However, rural Mr. COATS. Mr. President, I rise tourist and other recreational-type America and, in particular, rural Wis- today to introduce the Comprehensive businesses located in rural commu- consin communities simply do not have Charity Reform Act. This legislation is nities eligible for guaranteed loans the luxury to wait until Federal agen- designed to expand the ability of pri- under the Rural Business and Coopera- cies finally decide to act. vate and religious charities to serve tive Development Service’s [RBCDS] Mr. President, rural America is at a the poor by making it easier for tax- Business and Industry [B&I] Loan crossroads in terms of converting from payers to make donations to these or- Guarantee Program within 90 days traditional resource-based economies ganizations. It is an important, ur- after the enactment of this legislation. which are becoming less economically gently needed reform, but it also sym- This is an issue that I became aware of viable, to other types of activities bolizes a broader point. and especially interested in after a which also make a substantial con- The Congress is currently focused on constituent approached me last year at tribution to better living in these the essential task of clearing away the my Rusk County listening session held areas. Tourism can certainly play a ruins of the Great Society. Centralized, in Ladysmith, WI, to express his frus- major role in improving the quality of bureaucratic antipoverty programs tration at a problem tourist resort life in many rural communities and, in have failed—and that failure has had a owners were having in securing financ- fact, rural tourism should be recog- human cost. It is measured in broken ing for rural development. The con- nized for what it truly is—a legitimate homes and violent streets. Our current stituent owns a tourist lodge in north- means to enhance economic develop- system has undermined families and ern Wisconsin and was interested in ob- ment in, and the competitiveness of, fostered dependence. taining funding from the RBCDS’s B&I rural America. Nationally, tourism is a This is undeniable. But while our Program. The B&I program was estab- $400 billion a year industry, and is a Great Society illusions have ended, the lished by the Rural Development Act of $5.6 billion industry in Wisconsin suffering of many of our people has 1972 with the aim of improving Amer- alone. not. Indifference to that fact is not an

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10823 option. We cannot retreat into the co- only compassion that consistently Mr. President, the purpose of the leg- coon of our affluence. We cannot ac- works—a war on poverty that marches islation is twofold. First, we want to cept the survival of the fittest. No soci- from victory to victory. It makes every take a small portion of the welfare ety can live without hope—hope that new deal, new frontier, and new cov- spending in America and give it its suffering and anguish are not end- enant look small in comparison—a war through the Tax Code to private and less. against poverty that is not directed religious institutions that effectively Mr. President, I was recently invited out of a Federal agency but by many provide individuals with hope, dignity, to attend a session designed to address individuals, by organizations, by com- help and independence. Without elimi- some of the problems of homelessness munities, gathered together asking, nating a public safety net, we want to and despair that was conducted by a How can we help in a more effective focus some attention and resources mission organization here in Wash- way? where we believe it can make a dif- ington, DC. It is just blocks from the Several months ago, I asked a ques- ference. Federal effort at dealing with home- tion: How can we get resources into the Second, Mr. President, I would like lessness—the John L. Young Center, hands of these private and religious in- to promote an ethic of giving in Amer- which has been the subject of extraor- stitutions where individuals are actu- ica. When individuals make these con- dinary controversy, drug dealing, ally being helped? And how can we do tributions to effective charities, it is a crime, management problems, and the this without either undermining their form of involvement beyond writing a subject of numerous investigative re- work with restrictions or offending the check to the Federal Government. It ports in some of our local media. first amendment? encourages a new definition of citizen- The Federal project stands in stark This legislation is an answer. It is ship in which men and women examine contrast to an organization called the composed of six elements, designed to and support the programs in their own Gospel Mission, a shelter and drug increase both the depth of charitable communities that serve the poor. treatment center for homeless men in giving to poverty relief, and the I hope that my colleagues will take a the same neighborhood. breadth of charitable giving more gen- careful look at this new approach to At the Gospel Mission, I think we erally: compassion. It is important not only have seen the shape of hope. It is not First, a $500 charity tax credit—$1,000 for us to spread authority and re- found in the ivory towers of academia. for married taxpayers filing jointly— sources within the levels of Govern- It is not found in the marble temples of which will provide more generous tax ment, but I think we need to spread official Washington. I found it 5 blocks benefits to taxpayers who decide to do- these resources to things beyond Gov- from here, in a place so distant from nate a portion of their tax liability to ernment, the institutions that cannot Congress it is almost another world. charities that focus on fighting or pre- only feed the body but can touch the The Reverend John Woods came to a venting poverty. soul. desolate Washington neighborhood in Second, I am advocating an above- Mr. President, we have had a nearly 1990 to take over the Gospel Mission, a the-line deduction for charitable con- three-decade-long experiment with shelter and drug treatment center for tributions made by nonitemizing tax- Government compassion. As I said, homeless men. The day he arrived, he payers. Significant amounts of funds many programs that have been enacted found crack cocaine being processed in are donated each year by those who do by Congress were well intended, in an the backyard. A few days later, the not itemize on their tax return and, effort to reach out to people in need. local gang fired shots into his office to therefore, do not take the charitable But we have seen the bankruptcy of scare him away. Instead of leaving, he deduction available to them if they do many of those programs in the lives of hung a sign on the door extending this itemize. I think those people ought to the individuals who were the recipients invitation: ‘‘If you haven’t got a friend be encouraged and rewarded for their of those programs. We see a litany of in the world you can find one here. contributions. broken families and broken homes, of Come in.’’ So I am in this legislation expanding hopeless people, of taxpayer funds The Gospel Mission is a place that of- the base for charitable giving with an eaten up in administrative costs, put fers unconditional love, but accepts no above the line for those who do not into programs that are simply not excuses. Men in rehabilitation are itemize. making a difference in the lives of the given random drug tests. If they vio- Third, I want to remove the 3 percent people for whom they were intended. late the rules, they are told to leave floor on itemized deductions that cur- We have also had the example of the the program. But the success of the rently exists in the Tax Code for tax- contrast—local churches, local non- mission comes down to something sim- payers of a certain income level and profit charitable organizations. I could ple: It does more than provide a meal higher because I think we ought to do start naming a whole list of organiza- and treat an addiction, it offers spir- everything we can to encourage private tions that have said we are not going itual challenge and renewal. contributions to charity. to wait for a Government program or Listen to one addict who came to Fourth, I ask for an extension of the Government bureaucrat to describe Reverend Woods after failing in several deadline for all charitable giving until how we should reach out to those in governmental rehabilitation programs: April 15 to encourage giving up to the our community that are in need. We ‘‘Those programs generally take addic- very date of filing. are going to roll up our sleeves and de- tions from you, but don’t place any- Fifth, we are requiring that any Gov- sign a program. And whether it is pro- thing within you. I needed a spiritual ernment poverty assistance program viding free medical care through a doc- lifting. People like Reverend Woods are disclose the percentage of funds it ac- tors’ association or health clinic, like God walking into your life. Not tually spends on the poor rather than whether it is providing food through a only am I drug-free, but more than on administrative costs. Taxpayers will nutrition effort, or a food center, that, I can be a person again.’’ be able to see exactly how their tax whether it is providing help to a wel- Reverand Wood’s success is particu- dollars are actually being spent and fare family or others in need, we have larly clear compared to Government compare that expenditure with oper- seen the effectiveness of these pro- approaches. The Gospel Mission has a ations, organizations, community serv- grams. We have seen rehabilitation 12-month rehabilitation rate of 66 per- ice, outreach programs, and nonprofit rates for substance and drug abusers cent, while a once heralded Govern- programs. This will allow us to meas- and others that far exceed those that ment program just 3 blocks away reha- ure the actual assistance that reaches the Federal Government programs can bilitates less than 10 percent of those it the poor through our Government offer. We have seen this offered at a serves—while spending 20 times as spending on anti-poverty programs and cost far less than what the taxpayers much as Reverend Woods. compare it with private programs. provide in Government programs. This is just one example. It is impor- Finally, we have a provision that in- Can private charity replace Govern- tant, not because it is rare, but because structs the General Accounting Office ment? I am not suggesting that Fed- it is common. It takes place in every to develop standards to determine the eral, State and local governments will community, in places distant from the success rates and cost effectiveness of not have to be involved in poverty re- centers of Government. But it is the Government welfare programs. lief. But private initiates can offer a

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10824 CONGRESSIONAL RECORD — SENATE July 27, 1995 viable alternative that the Government ‘‘(3) MINIMUM EXPENSE REQUIREMENT.— where such organization’s annual return can at least encourage. I believe a ‘‘(A) IN GENERAL.—An organization meets filed under section 6033 is required under charity credit will go a long way to- the requirements of this paragraph only if paragraph (1) to be available for inspection, ward nurturing and encouraging those the Secretary reasonably expects that the provide a copy of such return to such indi- annual poverty program expenses of such or- vidual without charge other than a reason- private efforts that I think are going to ganization will not be less than 70 percent of able fee for any reproduction and mailing be more and more important as we the annual aggregate expenses of such orga- costs. If the request is made in person, such begin to reform and reduce the scope of nization. copies shall be provided immediately and, if the Government involvement, because ‘‘(B) POVERTY PROGRAM EXPENSE.—For pur- made other than in person, shall be provided government alone simply has not poses of subparagraph (A)— within 30 days. worked for the well being of our people. ‘‘(i) IN GENERAL.—The term ‘poverty pro- ‘‘(B) PERIOD OF AVAILABILITY.—Subpara- Mr. President, I ask unanimous con- gram expense’ means any expense in pro- graph (A) shall apply only during the 3-year sent that additional material describ- viding program services referred to in para- period beginning on the filing date (as de- graph (2). ing and explaining this proposal be in- fined in paragraph (1)(D) of the return re- ‘‘(ii) EXCEPTIONS.—Such term shall not in- quested).’’ cluded in the RECORD along with the clude— (2) ADDITIONAL INFORMATION.—Section text of the bill itself. ‘‘(I) any management or general expense, 6033(b) of such Code is amended by adding at There being no objection, the mate- ‘‘(II) any expense for the purpose of influ- the end the following new flush sentence: rial was ordered to be printed in the encing legislation (as defined in section ‘‘Each qualified charity (as defined in sec- 4911(d)), RECORD, as follows: tion 23(d)) to which this subsection otherwise ‘‘(III) any expense primarily for the pur- S. 1079 applies shall also furnish each of the percent- pose of fundraising, and Be it enacted by the Senate and House of Rep- ages determined by dividing the following ‘‘(IV) any expense for a legal service pro- resentatives of the United States of America in categories of the organization’s expenses for Congress assembled, vided on behalf of any individual referred to in paragraph (2). the year by its total expenses for the year: SECTION 1. SHORT TITLE. program services; management and general; ‘‘(4) ELECTION TO TREAT POVERTY PROGRAMS This Act may be cited as the ‘‘Comprehen- fundraising; and payments to affiliates.’’ AS SEPARATE ORGANIZATION.— sive Charity Reform Act’’. LERICAL MENDMENT ‘‘(A) IN GENERAL.—An organization may (c) C A .—The table of SEC. 2. CREDIT FOR CHARITABLE CONTRIBU- elect to treat one or more programs operated sections for subpart A of part IV of sub- TIONS TO CERTAIN PRIVATE CHAR- chapter A of chapter 1 of such Code is ITIES PROVIDING ASSISTANCE TO by it as a separate organization for purposes of this section. amended by inserting after the item relating THE POOR. to section 22 the following new item: (a) IN GENERAL.—Subpart A of part IV of ‘‘(B) EFFECT OF ELECTION.—If an organiza- subchapter A of chapter 1 of the Internal tion elects the application of this paragraph, ‘‘Sec. 23. Credit for certain charitable con- Revenue Code of 1986 (relating to nonrefund- the organization, in accordance with regula- tributions.’’ able personal credits) is amended by insert- tions, shall— ‘‘(i) maintain separate accounting for reve- (d) EFFECTIVE DATE.—The amendments ing after section 22 the following new sec- made by this section shall apply to contribu- tion: nues and expenses of programs with respect to which the election was made, tions made after the 90th day after the date ‘‘SEC. 23. CREDIT FOR CERTAIN CHARITABLE of the enactment of this Act in taxable years CONTRIBUTIONS. ‘‘(ii) ensure that contributions to which ending after such date. ‘‘(a) IN GENERAL.—In the case of an indi- this section applies be used only for such vidual, there shall be allowed as a credit programs, and SEC. 3. DEDUCTION FOR CHARITABLE CONTRIBU- against the tax imposed by this chapter for ‘‘(iii) provide for the proportional alloca- TIONS TO BE ALLOWED TO INDIVID- tion of management, general, and fund- UALS WHO DO NOT ITEMIZE DEDUC- the taxable year an amount equal to the TIONS. qualified charitable contributions which are raising expenses to such programs to the ex- (a) IN GENERAL.—Section 170 of the Inter- paid by the taxpayer during the taxable tent not allocable to a specific program. nal Revenue Code of 1986 (relating to chari- year. ‘‘(C) REPORTING REQUIREMENTS.—An orga- table, etc., contributions and gifts) is amend- ‘‘(b) LIMITATION.—The credit allowed by nization shall not be required to file any re- subsection (a) for the taxable year shall not turn under section 6033 with respect to any ed by redesignating subsection (m) as sub- exceed $500 ($1,000 in the case of a joint re- programs treated as a separate organization section (n) and by inserting after subsection turn under section 6013). under this paragraph, except that if the or- (l) the following new subsection: ‘‘(c) QUALIFIED CHARITABLE CONTRIBU- ganization is otherwise required to file such ‘‘(m) DEDUCTION FOR INDIVIDUALS NOT TION.—For purposes of this section, the term a return, such organization shall include on ITEMIZING DEDUCTIONS.—In the case of an in- ‘qualified charitable contribution’ means such return the percentages described in the dividual who does not itemize deductions for any charitable contribution (as defined in last sentence of section 6033(b) which are de- the taxable year, the amount allowable section 170(c)) made in cash to a qualified termined with respect to such separate orga- under subsection (a) for the taxable year charity but only if the amount of each such nization. shall be taken into account as a direct chari- contribution, and the recipient thereof, are ‘‘(5) ADDITIONAL REQUIREMENTS FOR SOLICI- table deduction under section 63.’’ identified on the return for the taxable year TATION ORGANIZATIONS.—The requirements of (b) DIRECT CHARITABLE DEDUCTION.— during which such contribution is made. this paragraph are met if the organization— (1) IN GENERAL.—Subsection (b) of section ‘‘(d) QUALIFIED CHARITY.— ‘‘(A) maintains separate accounting for 63 of such Code is amended by striking ‘‘and’’ ‘‘(1) IN GENERAL.—For purposes of this sec- revenues and expenses, and at the end of paragraph (1), by striking the tion, the term ‘qualified charity’ means, ‘‘(B) makes available to the public its ad- period at the end of paragraph (2) and insert- with respect to the taxpayer, any organiza- ministrative and fundraising costs and infor- ing ‘‘, and’’, and by adding at the end thereof tion which is described in section 501(c)(3) mation as to the organizations receiving the following new paragraph: and exempt from tax under section 501(a), funds from it and the amount of such funds. ‘‘(3) the deduction for charitable contribu- and— ‘‘(e) COORDINATION WITH DEDUCTION FOR tions under section 170(m).’’ ‘‘(A) which, upon request by the organiza- CHARITABLE CONTRIBUTIONS.— (2) CONFORMING AMENDMENT.—Subsection tion, is certified by the Secretary as meeting ‘‘(1) CREDIT IN LIEU OF DEDUCTION.—The (d) of section 63 of such Code is amended by the requirements of paragraphs (2) and (3), or credit provided by subsection (a) for any striking ‘‘and’’ at the end of paragraph (1), ‘‘(B)(i) which is organized to solicit and qualified charitable contribution shall be in by striking the period at the end of para- collect gifts and grants which, by agreement, lieu of any deduction otherwise allowable graph (2) and inserting ‘‘, and’’, and by add- are distributed to qualified charities de- under this chapter for such contribution. ing at the end the following new paragraph: scribed in subparagraph (A), ‘‘(2) ELECTION TO HAVE SECTION NOT ‘‘(3) the deduction for charitable contribu- ‘‘(ii) with respect to which at least 85 per- APPLY.—A taxpayer may elect for any tax- tions under section 170(m).’’ cent of the funds so collected are distributed able year to have this section not apply.’’ (c) EFFECTIVE DATE.—The amendments to qualified charities described in subpara- (b) RETURNS.— made by this section shall apply to taxable graph (A), and (1) QUALIFIED CHARITIES REQUIRED TO PRO- years beginning after December 31, 1995. ‘‘(iii) which meets the requirements of VIDE COPIES OF ANNUAL RETURN.—Subsection SEC. 4. CHARITABLE CONTRIBUTION DEDUCTION paragraph (5). (e) of section 6104 of such Code (relating to NOT SUBJECT TO OVERALL LIMITA- ‘‘(2) CHARITY MUST PRIMARILY ASSIST THE public inspection of certain annual returns TION ON ITEMIZED DEDUCTIONS. POOR.—An organization meets the require- and applications for exemption) is amended (a) IN GENERAL.—Subsection (c) of section ments of this paragraph only if the Sec- by adding at the end the following new para- 68 of the Internal Revenue Code of 1986 (re- retary reasonably expects that the predomi- graph: lating to overall limitation on itemized de- nant activity of such organization will be ‘‘(3) QUALIFIED CHARITIES REQUIRED TO PRO- ductions) is amended by striking ‘‘and’’ at the providing of services to individuals and VIDE COPIES OF ANNUAL RETURN.— the end of paragraph (2), by striking the pe- families which are designed to prevent or al- ‘‘(A) IN GENERAL.—Every qualified charity riod at the end of paragraph (3) and inserting leviate poverty among such individuals and (as defined in section 23(d)) shall, upon re- ‘‘, and’’, and by adding at the end thereof the families. quest of an individual made at an office following new paragraph:

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10825 ‘‘(4) the deduction under section 170 (relat- make charitable contributions to organiza- As the current welfare debate shows we as ing to charitable, etc., contributions and tions focused on fighting or alleviating pov- a society are tired of the government monop- gifts).’’ erty. oly in this area. The welfare system we have (b) EFFECTIVE DATE.—The amendment Organizations must spend 70% of their today is expensive, bureaucratic, impersonal made by subsection (a) shall apply to taxable total expenses on poverty program expenses and generic. years beginning after December 31, 1995. in order to qualify for the credit. Private nonprofit and religious organiza- SEC. 5. CHARITABLE CONTRIBUTIONS MADE BE- Multi-faceted organizations or churches tions take a holistic approach to rehabili- FORE FILING OF RETURN. that might not be entirely focused on pov- tating a person who has temporarily found (a) IN GENERAL.—Subsection (a) of section erty have the flexibility to elect to treat a themselves in a very difficult situation. The 170 of the Internal Revenue Code of 1986 is poverty program as a separate organization emphasis here is on temporary—antipoverty amended by adding at the end the following provided that 70% of the program’s aggre- assistance is not intended to be a way of life new paragraph: gate expenses go toward poverty program but rather a tool by which to change behav- ‘‘(4) TIME WHEN CONTRIBUTIONS DEEMED services. ior and encourage personal responsibility for MADE.—The taxpayer may elect to treat any Organizations that take the election must one’s own life. charitable contribution which is made not maintain separate accounting for the pro- The charity tax credit will empower all later than the time prescribed by law for fil- gram, ensure that contributions are only taxpayers to take a role in how poverty re- ing the return for the taxable year (not in- used for the program, and provide informa- lief efforts are structured. Currently, only cluding extensions thereof) as being made on tion regarding the allocation of funds. about 28% of taxpayers itemize their tax re- the last day of such taxable year. Such an Organizations that are organized for the turns and therefore, are eligible for favorable election, once made, shall be irrevocable.’’ purpose of soliciting and collecting funds can tax treatment for charitable giving. This bill (b) EFFECTIVE DATE.—The amendments raise funds on behalf of qualified charities will allow all taxpayers, whether they made by this section shall apply to taxable provided that at least 85% of the funds col- itemize or not, to receive a dollar for dollar years beginning after December 31, 1994. lected go directly to qualified charities and credit for contributing to poverty fighting SEC. 6. FINANCIAL ACCOUNTABILITY REPORTING these organization comply with the report- organizations. Inspiring more taxpayers to REQUIREMENT FOR GOVERN- ing requirements in the bill. contribute to charities, will make people MENTAL POVERTY AND WELFARE Organizations that currently file tax form more aware of antipoverty efforts in their PROGRAMS. 990 must make their returns available to the community, and may inspire them to volun- (a) IN GENERAL.—Each applicable welfare public. In addition, these organizations must teer their time as well. program shall publish in the Federal Reg- break down their program services; manage- This legislation would allow nonprofit pov- ister and other publications generally avail- ment and general; fundraising; and payments erty fighting organizations to qualify for able to the public within a reasonable period to affiliates as a percentage of total expense. charity tax credit contributions provided of time following the end of a fiscal year the Taxpayers must take the credit in lieu of a that these organizations spend at least 70% following information for the fiscal year: deduction for the same contribution. of their total expenses on program services (1) Information required to be included on focused on poverty efforts. Multi-faceted or- SECTION II. DEDUCTION FOR CHARITABLE a return under section 6033 of the Internal ganizations or churches that might not be CONTRIBUTIONS FOR NON-ITEMIZERS Revenue Code of 1986 by an organization de- entirely focused on poverty have the flexi- scribed in section 501(c)(3) of such Code, in- Allows individuals who do not itemize on bility to elect to treat a poverty program as cluding expenses for program services, ad- their taxes to take a deduction for all chari- a separate organization provided that 70% of ministrative and general costs, and fund- table contributions. the program’s expenses go toward poverty raising. SECTION III. REMOVE CHARITABLE program services. Organizations that take (2) The percentages determined by dividing CONTRIBUTIONS FROM 3% FLOOR the election must maintain separate ac- the following categories of the program’s ex- Allows individuals to exclude charitable counting for the program, ensure that con- penses for the year by its total expenses for donations from the overall limitation on tributions are only used for the program and the year: program services; management and itemized deductions (the 3% floor). provide information regarding the allocation general; and fundraising. of funds. SECTION IV. EXTEND THE DEADLINE FOR (b) ADDITIONAL AVAILABILITY.—Each appli- Determining what constitutes poverty CHARITABLE DONATIONS UNTIL APRIL 15 cable welfare program shall make the infor- fighting or alleviating poverty, is not in- mation described in subsection (a) available Extends the deadline for making tax-de- tended to require soup kitchens or homeless at its principal office and at any of its re- ductible charitable donations until April shelters to ask for income statements from gional or district offices. Upon request of an 15th. individuals seeking assistance from these individual made at any such office, the pro- SECTION V. FINANCIAL ACCOUNTABILITY RE- types of programs. The Secretary in drafting gram shall provide a copy of the information PORTING REQUIREMENT FOR GOVERNMENTAL regulations can use common sense discretion to such individual without charge other than POVERTY AND WELFARE PROGRAMS in determining if a program or organization a reasonable fee for any reproduction and Requires that any government poverty as- focuses on poverty relief. Obviously, if an in- mailing costs. Such request shall be met sistance program that receive federal funds dividual is standing in line for food then that within 30 days (or immediately if made in make available to the public an accounting person is poor and needs assistance. In addition, qualified charities who cur- person). of their budget broken down on a percentage rently file IRS form 990 must take their an- (c) APPLICABLE WELFARE PROGRAM.—For basis of program services, administrative, nual returns available to the public and cal- purposes of this section, an applicable wel- general, and fundraising costs so that tax- culate the breakdown of program services, fare program is a Federal, State, or local payers will be able to see how their tax dol- management and general costs, fundraising welfare or public assistance program for lars are actually being spent. which Federal funds are appropriated. expenditures and payment to affiliates as a SECTION VI. GAO STANDARDS FOR DETERMINING SEC. 7. STANDARDS FOR DETERMINING SUCCESS percentage of total expenses. Nonprofits are SUCCESS OF GOVERNMENTAL WELFARE PRO- OF GOVERNMENTAL WELFARE PRO- already reporting this information on the GRAMS. GRAMS IRS tax form 990. A great effort has been (a) IN GENERAL.—The Comptroller General Instructs the GAO to develop standards to made to ensure that the reporting require- of the United States shall conduct a study determine the success rates and cost effec- ments necessary for enactment of this legis- with respect to applicable welfare programs tiveness of government welfare programs. lation would comport with the current re- to develop standards to determine— The ‘‘Comprehensive Charity Reform Act’’ quirements. And, the legislation does not ex- (1) whether such programs meet the needs has several elements. pend the current scope of which nonprofits for which the programs were established, and CHARITY TAX CREDIT must file 990s. However, it will require that (2) if such programs meet such needs, The charity tax credit recognizes that soci- organizations that are currently exempt whether they do so in a cost-effective man- ety has a responsibility to help the most from filing the 990 such as churches to file ner. needy. Organizations that focus on providing the appropriate financial information about For purposes of this subsection, the term poverty relief can elect to receive special the poverty fighting program that is eligible ‘‘applicable welfare program’’ has the mean- treatment under the tax code for some of for charity tax credit funds. However, it is ing given such term by section 6(c). their contributions. Reform of antipoverty important to emphasize that organizations (b) REPORT.—Not later than 1 year after efforts should not just focus on federal, do not automatically qualify for this treat- the date of the enactment of this Act, the state, and local government programs but on ment they must decide for themselves that Comptroller General of the United States encouraging the antipoverty efforts of pri- they want to participate in the charity tax shall report to the Congress the results of vate charities who often times have a much credit program and therefore adhere to the the study conducted under subsection (a), in- better success rate. The charity tax credit requirements of the program. cluding the standards described therein. will allow taxpayers to choose for them- ABOVE THE LINE CHARITY TAX DEDUCTION selves who should receive a portion of their For taxpayers who do not itemize deduc- COMPREHENSIVE CHARITY REFORM ACT tax dollars—traditional government pro- tions on their tax returns (non-itemizers), SECTION I. CHARITY TAX CREDIT grams OR nonprofit charities who generally this bill allows those taxpayers to deduct Provides a $500 tax credit ($1,000 for mar- are more efficient and have a much better their charitable contributions before deter- ried persons filing jointly) for taxpayers who sense for what their local population needs. mining their Adjusted Gross Income (AGI).

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10826 CONGRESSIONAL RECORD — SENATE July 27, 1995 The most recent figures available (1992) find effectiveness standards. This will enable tax- S. 1080 that non-itemizers account for over 70% of payers as well as elected officials to evaluate those who file tax returns—81 million tax- if the government programs are actually ac- Be it enacted by the Senate and House of Rep- payers. Of this group, 95% have incomes less complishing their stated purpose and doing resentatives of the United States of America in than $50,000. According to figures from a so in a cost effective manner. Congress assembled, group which tracks such information, Inde- CONCLUSION SECTION 1. SHORT TITLE. pendent Sector, low and middle income I believe this legislation will make great Americans, give as a percentage of income, strides in ensuring that nonprofit private or- This Act may be cited as the ‘‘Thrift Sav- 30% more to charity than the average Amer- ganizations take a much greater role in car- ings Investment Funds Act of 1995’’. ican. ing for our society’s ailments. It is time that While donations to charity are primarily SEC. 2. ADDITIONAL INVESTMENT FUNDS FOR we recognize that government is not the an- THE THRIFT SAVINGS PLAN. motivated by altruistic concerns, it is clear swer to our social failings—its clearly too that nonitemizers who give to charity are big and too bureaucratic to address these Section 8438 of title 5, United States Code, sensitive to tax considerations. Experience concerns. However, smaller private nonprofit is amended— from the period of time when nonitemizers organizations and religious organizations (1) in subsection (a)— were permitted to take a charitable deduc- can have a tremendous influence the way we (A) by redesignating paragraphs (5) tion exemplifies this point. In 1985, non- care for the downtrodden of our society. through (8) as paragraphs (6) through (9), re- itemizers could deduct 50% of their contribu- spectively; tions and, according to the IRS, they gave By Mr. STEVENS (for himself, (B) by inserting after paragraph (4) the fol- $9.5 billion. In 1986, when taxpayers could de- Mr. PRYOR, and Mr. ROTH): lowing new paragraph: duct a full 100% of their contributions, they S. 1080. A bill to amend chapter 84 of ‘‘(5) the term ‘International Stock Index gave $13.4 billion—a 40% increase. title 5, United States Code, to provide Investment Fund’ means the International The loss of this tax incentive translated additional investment funds for the Stock Index Investment Fund established into nonitemizers giving significantly less to thrift savings plan; to the Committee under subsection (b)(1)(E);’’; charity than itemizers. Clearly, we should (C) in paragraph (8) (as redesignated by empower everyone—not just people of means on Governmental Affairs. subparagraph (A) of this paragraph) by strik- to give back to their community THE THRIFT SAVINGS INVESTMENT FUNDS ACT ing out ‘‘and’’ at the end thereof; through charitable donations. OF 1995 Mr. STEVENS. Mr. President, the (D) in paragraph (9) (as redesignated by CHARITABLE CONTRIBUTIONS NOT SUBJECT TO subparagraph (A) of this paragraph)— ITEMIZED LIMIT thrift savings plan, TSP, was created in 1986 as one of three tiers of a new (i) by striking out ‘‘paragraph (7)(D)’’ in This bill would remove charitable con- each place it appears and inserting in each tributions from what is known as the ‘‘3% Federal employees’ retirement system. such place ‘‘paragraph (8)(D)’’; and floor.’’ The 3% floor was enacted as part of I was the original sponsor of the Sen- (ii) by striking out the period and inserting the 1990 tax bill and was intended to reduce ate bills which led up to the passage of in lieu thereof a semicolon and ‘‘and’’; and the amount of itemized deductions for those this landmark legislation. From all ac- (E) by adding at the end thereof the fol- earning in excess of $100,000 (this figure was counts, the TSP has proven to be a val- lowing new paragraph: indexed and will be $114,700 for 1995). For uable retirement tool for all Federal ‘‘(10) the term ‘Small Capitalization Stock these taxpayers, itemized deductions (includ- employees. Index Investment Fund’ means the Small ing charitable contributions) are reduced by Current law limits TSP investments Capitalization Stock Index Investment Fund 3% of adjusted gross income in excess of the to three options—the Government se- established under subsection (b)(1)(D).’’; and threshold amount. By taking charitable con- (2) in subsection (b)— tributions out of this formula we offer indi- curities investment (G) fund, the com- mon stock index investment (C) fund, (A) in paragraph (1)— viduals in this category a greater incentive (i) in subparagraph (B) by striking out to give. and the fixed income investment (F) ‘‘and’’ at the end thereof; EXTENSION OF CHARITABLE GIVING DEADLINE fund. This limitation was the result of (ii) in subparagraph (C) by striking out the This bill extends the deadline for making a compromise in conference—the Sen- period and inserting in lieu thereof a semi- tax-deductible charitable donations until ate-passed bill allowed additional funds colon; and April 15th. Most taxpayers start taking note at the discretion of the Federal Retire- (iii) by adding at the end thereof the fol- of allowable deductions when they start to ment Thrift Investment Board. lowing new subparagraphs: fill out their tax returns, only to realize all For some time now, Federal em- ‘‘(D) a Small Capitalization Stock Index too late that they could have given more to ployee participants in the TSP have re- Investment Fund as provided in paragraph charity in the previous year and lower their quested additional investment opportu- (3); and tax liability. Current law already allows de- nities. In 1992, the Board began to look ‘‘(E) an International Stock Index Invest- ductions for contributions to IRAs and ment Fund as provided in paragraph (4).’’; Keogh plans up until filing time. By extend- into the possibility of expanding into additional funds. As a result of that re- and ing similar treatment to charitable con- (B) by adding at the end thereof the fol- tributions we can (1) assist with taxpayer’s view, the Board recently recommended lowing new paragraphs: planning (2) increase the incentive for tax- the addition to two funds—a small cap- ‘‘(3)(A) The Board shall select an index payers facing penalties for underwitholding, italization stock index investment fund which is a commonly recognized index com- and (3) help advertise the value of charitable and an international stock index in- prised of common stock the aggregate mar- giving tax incentive. We can also encourage vestment fund. ket value of which represents the United those whose giving is curtailed at the end of Today I introduce legislation to au- States equity markets excluding the com- the year by the holiday cash crunch. thorize these two additional invest- mon stocks included in the Common Stock FINANCIAL ACCOUNTABILITY REPORTING RE- ment funds for the thrift savings plan. Index Investment Fund. QUIREMENT FOR GOVERNMENTAL POVERTY I am pleased to note that Senators ‘‘(B) The Small Capitalization Stock Index AND WELFARE PROGRAMS PRYOR and ROTH have agreed to co- Investment Fund shall be invested in a port- This section of the bill requires that all sponsor this bill. I ask unanimous con- folio designed to replicate the performance poverty/welfare assistance government pro- of the index in subparagraph (A). The port- grams (federal, state, and local) that receive sent that the text of the bill and a sec- folio shall be designed such that, to the ex- any federal funding to disclose and make tion-by-section analysis prepared by tent practicable, the percentage of the Small available to the public how the program dol- the Federal Retirement Thrift Invest- Capitalization Stock Index Investment Fund lars are spent by outlining as a percentage of ment Board be reprinted in the that is invested in each stock is the same as total expenses program services, administra- RECORD. the percentage determined by dividing the tive, general costs and fundraising (if appli- Mr. President, I congratulate the aggregate market value of all shares of that cable). With billions dollars being spent on Federal Retirement Thrift Investment stock by the aggregate market value of all government poverty fighting programs, tax- Board for their decision to increase the shares of all stocks included in such index. payers deserve to know exactly where their investment opportunities for Federal ‘‘(4)(A) The Board shall select an index dollars are going. All too often key figures which is a commonly recognized index com- are buried in the trenches never to see the employee investors and urge them to move quickly with their computer re- prised of stock the aggregate market value light of day. of which is a reasonably complete represen- GAO STANDARDS FOR GOVERNMENT WELFARE design program so that these new tation of the international equity markets PROGRAMS funds, once approved by Congress, can excluding the United States equity markets. In order to hold government welfare pro- be available as soon as possible. ‘‘(B) The International Stock Index Invest- grams more accountable for the taxpayer There being no objection, the mate- ment Fund shall be invested in a portfolio dollars they are spending, this legislation in- rial was ordered to be printed in the designed to replicate the performance of the structs the GAO to develop success and cost RECORD, as follows: index in subparagraph (A). The portfolio

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10827 shall be designed such that, to the extent capitalization stocks not held in the Com- State House will celebrate its 200th practicable, the percentage of the Inter- mon Stock Index Investment Fund. Subpara- birthday. national Stock Index Investment Fund that graph (B) of paragraph (3) requires the Board The Old State House is steeped in is invested in each stock is the same as the to invest the fund in a portfolio designed to tradition and history. It is on this site percentage determined by dividing the ag- replicate the performance of the index estab- gregate market value of all shares of that lished in subparagraph (A). that the Colony of Connecticut was ac- stock by the aggregate market value of all New paragraph (4) of section 8438(b) de- tually founded. In May 1796, the State shares of all stocks included in such index.’’. scribes the requirements for the Inter- House opened its doors, and it was SEC. 3. ACKNOWLEDGEMENT OF INVESTMENT national Stock Index Investment Fund. there that General Washington first RISK. Under subparagraph (A) of paragraph (4), the met Comte de Rochambeau to begin Section 8439(d) of title 5, United States Board must choose a commonly recognized the Yorktown strategy to end the Rev- Code, is amended by striking out ‘‘Each em- index that is a reasonably complete rep- olutionary War. ployee, Member, former employee, or former resentation of the international equity mar- The Old State House served as a seat Member who elects to invest in the Common kets. The term ‘‘international equity mar- of government until 1878, and numer- Stock Index Investment Fund or the Fixed kets’’ excludes the United States equity Income Investment Fund described in para- markets, which are represented by the other ous historical figures have visited the graphs (1) and (3),’’ and inserting in lieu funds. Subparagraph (B) of paragraph (4) re- building, including Mark Twain, Har- thereof ‘‘Each employee, Member, former quires the Board to invest the fund in a port- riet Beecher Stowe, Lafayette, and employee, or former Member who elects to folio designed to replicate the performance Presidents Monroe, Jackson, Johnson, invest in the Common Stock Index Invest- of the index established in subparagraph (A). Ford, Carter, and Bush. ment Fund, the Fixed Income Investment Section 3 of the proposed legislation Since 1979, the Old State House has Fund, the International Stock Index Invest- amends section 8439(d) of title 5, U.S.C., to become a thriving landmark—a cul- ment Fund, or the Small Capitalization add a reference to the two new investment tural and historical mecca for tourists Stock Index Investment Fund, defined in funds in the section requiring that each paragraphs (1), (3), (5), and (10),’’. Thrift Savings Plan participant who invests and residents alike. Years of wear and tear have taken their toll on this mag- SEC. 4. EFFECTIVE DATE. in one of the enumerated funds sign an ac- This Act shall take effect on the date of knowledgement stating that he or she under- nificent structure, however, and a com- enactment of this Act, and the Funds estab- stands that the investment is made at the plete restoration project is ongoing. lished under this Act shall be offered for in- participant’s own risk, that the Government The Old State House hopes to expand vestment at the earliest practicable election will not protect the participant against any its educational, cultural, and rec- period (described in section 8432(b) of title 5, loss on such investment, and that a return reational services once it finishes a United States Code) as determined by the on the investment is not guaranteed by the complete renovation. Executive Director in regulations. Government. As is the case with the Com- mon Stock Index Investment Fund and the Underway are plans to make the en- tire landmark accessible to the handi- SECTION-BY-SECTION ANALYSIS Fixed Income Investment Fund, the Small Capitalization Stock Index Investment Fund capped and the elderly. A full center The proposed legislation would add two and museum of Connecticut history new investment funds to those currently of- and the International Stock Index Invest- fered by the Thrift Savings Fund: a Small ment Fund each carry the risk that an in- will be created on-site, and there is to Capitalization Stock Index Fund and an vestment therein may lose value. Therefore, be a park and outdoor market adjacent International Stock Index Investment Fund. it is appropriate to require the participant to to the Old State House. Section 1 of the proposed legislation des- sign the same acknowledgement of risk The new Old State House is set to be ignates its title as the ‘‘Thrift Savings In- statement prior to investing in either of rededicated on its 200th birthday in these funds. vestment Funds Act of 1995.’’ May 1996, when it will once again be- Section 2 of the proposed legislation makes Section 4 provides that the amendments made by this legislation will become effec- come a meeting place and focal point changes to section 8438 of title 5, U.S.C., for the city of Hartford and the entire which are necessary to authorize the addi- tive immediately. The additional funds will tion of the two new investment funds. The be offered to participants for investment in New England community. legislation generally tracks the language the soonest practicable TSP election period The bill I am introducing today currently found in section 8438 with respect as determined by the Executive Director in would authorize the issuance of 700,000, to the Common Stock Index Investment regulations. By law, election periods are con- $1 silver coins, which would be em- Fund, to which the two new funds bear the ducted every six months. The Board has re- blematic of the Old State House and its cently determined to develop an entirely greatest resemblance. Like that fund, the role in the history of the city of Hart- two new funds are required to be index funds new computer software system, entailing un- certain lead times for procurement decisions ford, the State of Connecticut, and the which invest in indices that represent cer- United States. Funds raised through tain defined sectors of the equity markets. and development processes. The new sys- Subsection (1) of section 2 adds the two tem’s development will dictate the time- the sale of the coins would be spent on new funds to the list of definitions found in frame for the offering of new funds, which both the construction, renovation and subsection (a) of section 8438. will be coordinated with its implementation. preservation of the Old State House Subsection (2)(A) of section 2 makes and on the educational programs about changes necessary to add the two new funds By Mr. DODD (for himself, and its historic significance. to the list of those the Federal Retirement Mr. LIEBERMAN): This cost-neutral bill would raise up Thrift Investment Board is authorized to es- S. 1082. A bill to require the Sec- to $7 million to help underwrite the tablish by subsection (b)(1) of section 8438. retary of the Treasury to mint coins in cost of the Old State House project. I This is consistent with the statutory treat- commemoration of the bicentennial of ment of the current investment funds. That urge my colleagues to join me in co- the Old State House of Connecticut; to sponsoring this bill and help preserve a is, the Board is given the responsibility to the Committee on Banking, Housing, choose indices and establish investment piece of history. funds that fall within the parameters for and Urban Affairs. each fund as set forth in the statute. f By Mr. THOMAS: Subsection (2)(B) of section 2 adds two new S. 1083. A bill to direct the President paragraphs to section 8438(b) which describe THE CONNECTICUT OLD STATE to withhold extension of the WTO the parameters of the two new investment HOUSE COMMEMORATIVE COIN Agreement to any country that is not funds. ACT complying with its obligations under New paragraph (3) of section 8438(b) de- the New York Convention, and for scribes the requirements for the Small Cap- Mr. DODD. Mr. President, today I am italization Stock Index Investment Fund. pleased to introduce the Connecticut other purposes; to the Committee on Under subparagraph (A) of paragraph (3), the Old State House Bicentennial Com- Finance. Board must choose a commonly recognized memorative Coin Act. THE NEW YORK CONVENTION COMPLIANCE ACT index that represents the market value of The Old State House sits in the very ∑ Mr. THOMAS. Mr. President, I intro- the United States equity markets, but ex- center of Hartford, CT, and it is one of duce the New York Convention Compli- cluding that portion of the equity markets the single most important buildings in ance Act of 1995, a bill designed to pro- represented by the common stocks included the entire State. It stands as a shining tect the investments of U.S. companies in the Common Stock Index Investment Fund. It is intended, therefore, that the example of 18th century architecture overseas. Small Capitalization Stock Index Invest- and has been designated a Registered The New York convention refers to ment Fund will be designed to replicate the National Landmark by the Secretary the Convention on the Recognition and performance of an index representing small of the Interior. In May 1996, the Old Enforcement of Foreign Arbitral

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10828 CONGRESSIONAL RECORD — SENATE July 27, 1995 Awards, a multilateral international means a great deal to that company its victory, possibly from leaks created treaty drafted in New York in 1958 and its investors. More importantly, by the force of the blast. which the United States joined in 1970. perhaps, I believe that it means a great Over 131 years later, the Hunley has Binding arbitration clauses are fre- deal more for the large number of other been found intact, lying on its side, and quently used in international business American and foreign firms that do covered in silt off the coast of Charles- contracts to provide prompt and inex- business in China. Most, if not all, of ton, S.C. There is no question that, pensive dispute resolution. Signatories those companies have arbitration when raised from its current resting to the convention commit themselves clauses in their contracts with the Chi- place, this national treasure should be to enforcing judgments of foreign arbi- nese identical to the one that displayed in South Carolina. Not only tration panels in their domestic courts. Revpower had. If, as Revpower’s experi- should it be made available to the pub- Failure to enforce an arbitration judg- ence suggests, foreign companies can- lic as the earliest example of successful ment, unless based on one of the de- not rely on these clauses to resolve dis- submarine warfare, but also because of fenses specified under the convention, putes effectively and equitably, then its place in southern history. The in my opinion raises an obligation on they and a stable business environment Hunley serves as a memorial to the the part of the offending signatory to are all at risk. I have heard this con- nine men who perished on board fight- satisfy the debt at issue. cern voiced by a growing number of ing passionately for what they be- Arbitration clauses such as those United States businessmen, and not lieved. governed by the convention are espe- just in relation to China but in several This legislation simply transfers the cially important in countries without a other countries not presently members title of the Hunley from the Federal tradition of adhering to the rule of law. of the WTO. Government to the State of South There, if a conflict arises triggering ar- Mr. President, I invite my colleagues Carolina. It is my understanding that bitration a neutral third-country to join me in supporting this bill, and the State will develop a program to en- forum provides for a resolution free thereby recognize the close relation- sure that research can be conducted on from the possible xenophobic biases of ship between a country’s respect for this historical military relic and that local courts and the vagaries of an un- the rule of law and international trea- it will be properly preserved, sta- responsive judiciary. ty obligations and the prospects for its bilized, and displayed. One case in particular of which I am successful participation in the fledg- Over 30 men died in service to the aware illustrates why adherence to the ling WTO. Hunley. With the exception of the nine convention is so important to stable Yet while on one hand these coun- crew members that went down on that international trade. On June 4, 1988, tries fail to honor the convention, on fateful day, all are buried in Magnolia Ross Engineering Co. of Florida, en- the other they clamor for accession to Cemetery in Charleston. The Palmetto tered into an agreement with the the World Trade Organization [WTO]. State would also like the honor of Shanghai Far East Aero-technology But Mr. President, how can they be re- burying these nine valiant men, with Import & Export Co. [SFAIC] pursuant lied upon to uphold the responsibilities full distinction, next to their com- to which the latter was to manufacture incumbent on members if they have patriots. industrial batteries for Ross’ sub- shown themselves unwilling to live up Mr. President, the C.S.S. Hunley has sidiary Revpower with machinery, to the terms of the convention? WTO spent the last 131 years off the coast of equipment, raw materials and engi- members have a profound and direct in- South Carolina. Passing this legisla- neering expertise supplied by terest in ensuring that fellow members tion will make this Civil War treasure Revpower. Some time afterwards, fulfill their voluntarily-assumed obli- a proud and permanent part of our SFAIC breached two provisions of the gations under both the convention and State. agreement and effective January 1990 GATT. Arbitration clauses such as I ask unanimous consent that the Revpower notified SFAIC that it was those contemplated by the convention full text of this measure be printed in cancelling the agreement. Revpower are one of the pillars of international the RECORD. then entered into negotiations with commerce and trade. Its observance There being no objection, the bill was SFAIC to try to resolve the dispute, should be one of the minimum require- ordered to be printed in the RECORD, as with no success. ments for any nation seekins to be- follows: Having exhausted its attempts to sal- come a full and equal partner in the S. 1084 vage the agreement, Revpower filed an international trade regime. This bill Be it enacted by the Senate and House of Rep- arbitration claim against SFAIC with would provide, therefore, that before resentatives of the United States of America in the Stockholm Chamber of Commerce the United States will support mem- Congress assembled, as provided in the agreement. Despite bership for a particular country in the SECTION 1. CONVEYANCE OF C.S.S. HUNLEY TO foot-dragging and dilatory tactics on WTO, the President must certify that STATE OF SOUTH CAROLINA. (a) CONVEYANCE REQUIRED.—The President the part of SFAIC, on July 13, 1993, a the petitioning country is living up to unanimous arbitral panel ruled in shall direct the appropriate Federal official its obligations under the convention.∑ to convey to the State of South Carolina, Revpower’s favor and granted it an without consideration, all right, title, and award of US $6.6 million plus interest By Mr. THURMOND (for himself interest of the United States in and to the from 1991. SFAIC has refused to honor and Mr. HOLLINGS): C.S.S. Hunley, a sunken Confederate sub- the award, however, despite its binding S. 1084. A bill to provide for the con- marine located in a harbor in close prox- agreement to do so. Attempts to sat- veyance of the C.S.S. Hunley to the imity to Charleston, South Carolina. isfy the judgment in the Shanghai In- State of South Carolina, and for other (b) TERMS AND CONDITIONS.—The official termediate People’s Court have proved purposes; to the Committee on Com- under subsection (a) may require such terms merce, Science, and Transportation. and conditions in connection with the con- similarly futile, the Court refusing to veyance under that subsection as the official abide by its own regulations and take THE C.S.S. ‘‘HUNLEY’’ CONVEYANCE ACT OF 1995 considers to be necessary to ensure the prop- up the case. Attempts by Secretary Mr. THURMOND. Mr. President, I er preservation of the C.S.S. Hunley. Brown, Secretary Christopher, the rise today to introduce legislation that USTR, myself, Senator CONNIE MACK, would provide for the conveyance of By Mr. DOLE (for himself, Mr. and countless others to try to get the the Civil War submarine, the C.S.S. MCCONNELL, Mr. SIMPSON, Mr. Chinese to live up to their obligations Hunley, to the State of South Carolina. KYL, Mr. BROWN, Mr. NICKLES, under the convention have proved simi- On February 17, 1864, powered by a Mr. GRASSLEY, and Mr. SHEL- larly fruitless. When asked directly by hand cranked propeller, the Hunley BY): our Ambassador to China whether sank a frigate of the Union blockade, S. 1085. A bill to prohibit discrimina- China would honor it, Minister Wu Yi the U.S.S. Housatonic, by torpedoing a tion and preferential treatment on the replied flatly, ‘‘No.’’ wooden spar loaded with 100 pounds of basis of race, color, national origin, or While relatively small in the scheme black powder into her side. This sex with respect to Federal employ- of the full United States-Sino trade re- marked the first time in history that a ment, contracts, and programs, and for lationship, Revpower’s award—which warship had been destroyed by a sub- other purposes; to the Committee on has now grown to almost $9 million— marine. The Hunley vanished following Governmental Affairs.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10829 THE EQUAL OPPORTUNITY ACT 1995 But for the millions of Americans starting point in a national conversa- Mr. DOLE. Mr. President, earlier this who each day evade the bullets, send tion, not just on the future of affirma- year, I promised to introduce legisla- their kids to substandard schools, and tive action, but on the future of Amer- tion to get the Federal Government wade through the dangerous shoals of ican. out of the business of dividing Ameri- our Nation’s underclass, progress Mr. President, 12 years ago it was my cans, and into the business of uniting seems to be nothing more than a mi- privilege to serve as floor manager for Americans. rage. A mirage that fades away, leav- the legislation marking Martin Luther Today, I am fulfilling this commit- ing the stark realities of life behind. King, Jr.’s, birthday as a Federal holi- ment. And what are those realities? day. The Equal Opportunity Act of 1995, The reality is that the national as- And in leading off the final debate on which I introduce today, stands for a sessment of educational progress has that bill, I said these words: ‘‘A nation simple proposition: The Federal Gov- released its findings on the reading defines itself in many ways; in the ernment should not discriminate ability of America’s graduating high promises it makes and the programs it against, nor should it grant preferences school seniors for 1994. According to enacts; the dreams it enshrines or the to, any individual because of that indi- the study, only 12 percent of black high doors it slams shut.’’ vidual’s race, color, ethnic background, school graduates are proficient in read- A nation also defines itself by how it or sex. ing. Fully 54 percent have below basic treats its citizens. Does it divide them Whether it is employment, or con- reading skills, which means they are by focusing on the policies of the past? tracting, or any other federally con- condemned to 50 more years of life on Or does it unite them by focusing on ducted program, our Government in the bottom rung of the economic lad- the realities of the present? Washington should work to bring its der. The choice is ours. citizens together, not divide us. Our These children do not need pref- Mr. President, I ask unanimous con- focus should be protecting the rights of erences. They need schools that work. sent that the full text of the Equal Op- individuals, not the rights of groups The reality is that the U.S. Justice portunity Act, a section-by-section through the use of quotas, set-asides, Department estimates that 1 out of summary, and statements by Dr. Wil- numerical objectives, and other pref- every 21 black men in America today liam Bennett of Empower America; erences. can be expected to be murdered, a Milton Bins, chairman of the Council Let me be frank. While I have ques- death rate double that of U.S. soldiers of 100; Linda Chavez of the Center for tioned and opposed group preferences during World War II. Equal Opportunity; and Brian Jones, in the past, I have also supported them. Last week, 12-year-old Quinton president of the Center for New Black That is my record, and I am not hiding Carter of Queens Village, New York, Leadership, be reprinted in the RECORD from it. was shot dead in a dispute over 25 cents immediately after my remarks. But many of us who supported these with a 16-year-old. The viciousness of There being no objection, the mate- policies never imagined that pref- this senseless act is no longer shocking rial was ordered to be printed in the erences would become a seemingly per- to us because children killing other RECORD, as follows: manent fixture in our society. They children in arguments over sneakers or S. 1085 were designed to be temporary rem- other items of clothing have become Be it enacted by the Senate and House of Rep- edies, targeted at specific problems suf- all too commonplace. resentatives of the United States of America in fered by specific individuals. These young men and women—the Congress assembled, Unfortunately, during the past 25 victims of violence—do not need pref- SECTION 1. SHORT TITLE. years, we have seen the policies of pref- erences. They need more police, more This Act may be cited as the ‘‘Equal Op- erence grow, and grow, and grow some protection from the scourge of crime, portunity Act of 1995’’. more. Pitting individual against indi- and laws that keep violent criminals SEC. 2. PROHIBITION AGAINST DISCRIMINATION vidual, group against group, American behind bars. AND PREFERENTIAL TREATMENT. against American. And, Mr. President, the reality is Notwithstanding any other provision of For too many of our citizens, our that millions of children today are law, neither the Federal Government nor country is no longer the land of oppor- born into homes without fathers. In any officer, employee, or department or tunity—but a pie chart, where jobs and some neighborhoods, the out-of-wed- agency of the Federal Government— (1) may intentionally discriminate against, other benefits are often awarded not lock birthrate has climbed to a stag- or may grant a preference to, any individual because of hard work or merit, but be- gering 80 percent. And study after or group based in whole or in part on race, cause of someone’s biology. study has concluded that children of color, national origin, or sex, in connection We have lost sight of the simple single parents are far more likely than with— truth that you do not cure discrimina- those in two-parent homes to fail in (A) a Federal contract or subcontract; tion with more discrimination. school, or to be a victim or perpetrator (B) Federal employment; or I fully expect that the professional of crime. (C) any other federally conducted program civil rights establishment in Wash- Again, these children do not need or activity; (2) may require or encourage any Federal ington will be out in force denouncing preferences. They do not need a set- contractor or subcontractor to intentionally this initiative, defending the status aside. They need homes, and families discriminate against, or grant a preference quo, and claiming that we are somehow and communities that care. to, any individual or group based in whole or ‘‘turning back the clock’’ and unravel- Mr. President, it is time to stop mak- in part on race, color, national origin, or sex; ing decades of civil rights progress. ing government policy by race because or And no doubt about it, great progress making government policy by race is a (3) may enter into a consent decree that re- has been made in the four decades since diversion from reality, an easy excuse quires, authorizes, or permits any activity the civil rights revolution began with to ignore the problems that affect all prohibited by paragraph (1) or (2). the landmark Brown versus Board of Americans, whatever their race or her- SEC. 3. RECRUITMENT AND ENCOURAGEMENT OF BIDS. Education decision. itage may be. Nothing in this Act shall be construed to Countless young men and women of We must begin by ending the ridicu- prohibit or limit any effort by the Federal all races attend and graduate from our lous pretense of quota tokenism—spe- Government or any officer, employee, or de- finest universities. Thousands of Afri- cial contracts, a set-aside there, a cou- partment or agency of the Federal Govern- can-Americans have been elected to ple of TV stations, a seat or two in the ment— public office—in Congress, in State leg- Cabinet. This is a band-aid. A diver- (1) to recruit qualified women or qualified islatures, as mayors of our Nation’s sion. A corruption of the principles of minorities into an applicant pool for Federal largest cities, as Governor of Virginia. individual liberty and equal oppor- employment or to encourage businesses And Colin Powell has inspired us all, tunity upon which our country was owned by women or by minorities to bid for Federal contracts or subcontracts, if such re- rising from the ranks of the ROTC to founded. cruitment or encouragement does not in- become our Nation’s top military offi- This legislation may not be perfect. volve using a numerical objective, or other- cial, Chairman of the Joint Chiefs of And it certainly will not solve all our wise granting a preference, based in whole or Staff. problems. But it is a starting point—a in part on race, color, national origin, or sex,

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EFFECT ON PENDING MATTERS. discriminate against any employee or appli- relevant employment, contract or sub- (a) PENDING CASES.—This Act shall not af- cant for employment because of race, color, contract, benefit, opportunity, or program; fect any case pending on the date of enact- religion, sex, or national origin’’ and that or ment of this Act. the contractor ‘‘will take affirmative action (2) to require or encourage any Federal (b) PENDING CONTRACTS, SUBCONTRACTS, to ensure that applicants are employed . . . contractor or subcontractor to recruit quali- AND CONSENT DECREES.—This Act shall not without regard to their race, color, religion, fied women or qualified minorities into an affect any contract, subcontract, or consent sex, or national origin.’’ Unfortunately, bu- applicant pool for employment or to encour- decree in effect on the date of enactment of reaucratic implementation of the Executive age businesses owned by women or by mi- this Act, including any option exercised Order over a period of years has converted it norities to bid for Federal contracts or sub- under such contract or subcontract before or from a program aimed at eliminating dis- contracts, if such requirement or encourage- after such date of enactment. crimination to one which relies on it in the ment does not involve using a numerical ob- SEC. 8. DEFINITIONS. form of preferences. Section 2 aims not to jective, or otherwise granting a preference, As used in this Act: overturn Executive Order 11246, but to re- based in whole or in part on race, color, na- (1) FEDERAL GOVERNMENT.—The term ‘‘Fed- store its original meaning and purpose. tional origin, or sex, in selecting any indi- eral Government’’ means the executive and Section 2 also forbids the Federal govern- vidual or group for the relevant employment, legislative branches of the Government of ment from entering into a consent decree contract or subcontract, benefit, oppor- the United States. that requires, authorizes, or permits any tunity, or program. (2) GRANT A PREFERENCE.—The term ‘‘grant preferences otherwise forbidden by this Act. SEC. 4. RULES OF CONSTRUCTION. a preference’’ means use of any preferential Section 2(1)(c) applies to programs wholly (a) HISTORICALLY BLACK COLLEGES AND UNI- treatment and includes but is not limited to administered by the Federal government. VERSITIES.—Nothing in this Act shall be con- any use of a quota, set-aside, numerical goal, Nothing in Section 2, nor anything in this strued to prohibit or limit any act that is de- timetable, or other numerical objective. Act, affects programs or activities merely signed to benefit an institution that is a his- (3) HISTORICALLY BLACK COLLEGE OR UNI- receiving Federal financial assistance. For torically Black college or university on the VERSITY.—The term ‘‘historically Black col- example, Title IX of the Education Amend- basis that the institution is a historically lege or university’’ means a part B institu- ments of 1972, prohibiting discrimination in Black college or university. tion, as defined in section 322(2) of the High- Federally-assisted education programs, is unaffected by this Act. In addition, this Act (b) INDIAN TRIBES.—Nothing in this Act er Education Act of 1965 (20 U.S.C. 1061(2)). shall be construed to prohibit or limit any does not affect the Voting Rights Act or its action taken— SECTION-BY-SECTION SUMMARY—THE EQUAL enforcement. (1) pursuant to a law enacted under the OPPORTUNITY ACT OF 1995 Section 2 does not forbid preferences on constitutional powers of Congress relating to The purpose of this Act is to ensure that any basis other than race, color, national or- the Indian tribes; or all Americans are treated equally by the igin, or sex. Thus, a preference in con- (2) under a treaty between an Indian tribe Federal government in Federal employment, tracting based on economic criteria, the size and the United States. Federal contracting and subcontracting, and of the company seeking the contracting busi- ness, veteran’s status, or some other neutral (c) BONA FIDE OCCUPATIONAL QUALIFICA- Federally-conducted programs. This Act fur- social criteria is not forbidden by this Act, TION, PRIVACY, AND NATIONAL SECURITY CON- thers the cause of equal opportunity and so long as every American has an equal op- CERNS.—Nothing in this Act shall be con- non-discrimination by embracing the view strued to prohibit or limit any classification that rights inhere in individuals, not in portunity to meet the criteria without re- based on sex if— groups. gard to race, color, national origin, or sex. (1) sex is a bona fide occupational quali- This Act endorses those Federal ‘‘affirma- In addition, Section 2 does not forbid state fication reasonably necessary to the normal tive action’’ programs that are designed to and local governments or private entities, operation of the Federal Government entity recruit broadly and widen the opportunities including Federal contractors or recipients or Federal contractor or subcontractor in- for competition, without guaranteeing the of Federal financial assistance, from volun- volved; results of the competition or resorting to tarily engaging in racial, ethnic, or gender (2) the classification is designed to protect preferences on the basis of race, color, na- preferences that are otherwise permitted by the privacy of individuals; or tional origin, or sex. However, the Act would law. Moreover, nothing in this Act affects a (3)(A) the occupancy of the position for prohibit those Federal ‘‘affirmative action’’ court’s remedial authority under any other which the classification is made, or access to programs that seek to divide Americans statute. Although this Act aims at reforming the premises in or on which any part of the through the use of quotas, set-asides, time- only the executive and legislative branches duties of such position is performed or is to tables, goals, and other preferences. of the Federal government, it should not be be performed, is subject to any requirement Section 1. Short Title. Section 1 provides construed as expressing implicit approval of imposed in the interest of the national secu- that the Act may be cited as the ‘‘Equal Op- preferences granted by other entities or in rity of the United States under any security portunity Act of 1995.’’ remedial court orders. program in effect pursuant to or adminis- Section 2. Prohibition against Discrimina- Section 3. Recruitment and Encourage- tered under any Act or any Executive order tion and Preferential Treatment. Section 2 ment of Bids. Section 3 provides that noth- of the President; or prohibits the Federal government or any of- ing in the Act shall be construed to prohibit (B) the classification is applied with re- ficer, employee, or agency of the Federal or limit any effort by the Federal govern- spect to a member of the Armed Forces serv- government from intentionally discrimi- ment 1) to recruit qualified members of mi- ing on active duty in a theatre of combat op- nating against, or granting a preference to, nority groups or women, so long as A) no nu- erations (as determined by the Secretary of any individual or group, in whole or in part, merical recruitment goals are set, and B) Defense). on the basis of race, color, national origin, or there is no preference granted in the actual sex. This prohibition applies to Federal em- award of a job, promotion, contract, or other SEC. 5. COMPLIANCE REVIEW OF POLICIES AND opportunity, or 2) to require the same re- REGULATIONS. ployment, contracting, subcontracting, and the administration of Federally-conducted cruitment of its contractors and subcontrac- Not later than 1 year after the date of en- programs. The use of race, color, national or- tors, so long as the Federal government does actment of this Act, the head of each depart- igin, or sex ‘‘in part’’ (i.e., as one factor) in not require numerical recruitment goals or ment or agency of the Federal Government, a hiring or promotion decision, a contract or preferences in the actual award of the ben- in consultation with the Attorney General, subcontract award, or a decision to admit a efit. shall review all existing policies and regula- person to a Federal program, is forbidden by All affirmative steps required by Federal tions that such department or agency head is Section 2. When race, ethnicity, or sex is agencies of their contractors and subcontrac- charged with administering, modify such used as a so-called ‘‘plus’’ factor in deter- tors, otherwise authorized by law and con- policies and regulations to conform to the mining the outcome of a decision, that is a sistent with this Act, remain lawful under requirements of this Act, and report to the preference. this Act. For example, Federal agency re- Committee on the Judiciary of the House of Section 2 also explicitly prohibits the Fed- quirements that contractors cast their re- Representatives and the Committee on the eral government or any officer, employee, or cruiting nets widely remain valid, so long as Judiciary of the Senate the results of the re- agency of the Federal government from re- such agencies do not require contractors to view and any modifications to the policies quiring or encouraging any Federal con- set numerical racial, ethnic, and gender ob- and regulations. tractor or subcontractor intentionally to jectives for recruitment and do not require SEC. 6. REMEDIES. discriminate against, or grant a preference actual hiring or other employment decisions (a) IN GENERAL.—In any action involving a to, any individual or group, in whole or in to be made, in whole or in part, with regard violation of this Act, a court may award part, on the basis of race, color, national ori- to color, ethnicity, or sex. Consistent with only injunctive or equitable relief (including gin, or sex. these conditions, for example, Federal agen- but not limited to back pay), a reasonable As originally conceived, Executive order cies can require a contractor to: send notices attorney’s fee, and costs. 11246 equated ‘‘affirmative action’’ with the of its job opportunities to organizations, if (b) CONSTRUCTION.—Nothing in this section principle of non-discrimination. Pursuant to available, with large numbers of minorities shall be construed to affect any remedy Executive Order 11246, each Federal con- or women in their membership; include edu- available under any other law. tractor is required to agree that it ‘‘will not cational institutions with large numbers of

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minorities and women among the edu- ‘‘Numerical objectives’’ have an inherently CENTER FOR EQUAL OPPORTUNITY, cational institutions at which the contractor coercive effect. They exert an inevitable July 26, 1995. recruits; and spend a portion of the budget it pressure to take into consideration the char- Hon. ROBERT DOLE, uses to advertise its job opportunities with acteristic which is the subject of the numer- U.S. Capitol, Washington, DC. media outlets, if available, that are specially ical objective. The degree of pressure or co- DEAR SENATOR DOLE: After 25 years of ra- targeted to reach minorities and women. ercion turns in part on the consequences cial and gender preferences for minorities Section 4. Rules of Construction. Section that may follow, or may reasonably be ex- and women, the time has come to begin 4(a) provides that nothing in the Act shall be pected to follow, the failure to achieve the treating Americans as individuals rather construed to prohibit or limit Federal assist- objective. When established or induced by than as members of groups. Most Americans ance to a historically Black college or uni- the government, these consequences can in- now reject the specious categorization and versity on the basis that the institution is an clude increased government scrutiny or the double standards so pervasive in public em- historically black college or university. threat of it, more paperwork, on-site inves- ployment, government contracting, and uni- Historically Black colleges and univer- tigations, the inability to bid for a contract, versity admissions. They want a return to sities were founded as a response to the in- or financial or other penalties. the simple principle of non-discrimination tentional exclusion of African-Americans Consequently, it is not enough to oppose embedded in the 1964 Civil Rights Act: from institutions of higher learning, both ‘‘quotas,’’ as if the label itself is the offend- ‘‘Nothing . . . shall be interpreted to require public and private. These institutions are ing practice. It is the practice and mecha- . . . preferential treatment [be granted] to open to students of all races on a non-dis- nism of racial, ethnic, and gender preference, any individual or any group because of the criminatory basis. Thus, Federal assistance not its particular label in a given cir- race, color, religion, sex, or national origin to historically Black colleges and univer- cumstance, that is objectionable. on such individual or group.’’ sities is not a ‘‘preference’’ for purposes of Moreover, preferences can consist of other Americans have waited long enough for this Act. practices not tied to numerical objectives. non-discrimination on the basis of race and Section 4(b) provides that nothing in this For example, if a Federal agency were to ad- sex to mean exactly what it says. Your long- Act shall be construed to prohibit or limit vise its supervisors that proposing to hire a standing commitment to colorblind equal any action taken (1) pursuant to a law en- person not in a designated racial, ethnic, or opportunity provides me with great hope acted under the constitutional powers of gender group will subject that proposed hir- that we will soon see this day, and your bill Congress relating to the Indian tribes, or (2) ing decision to closer scrutiny than the pro- is an important first step in this fight. I ap- under a treaty between an Indian tribe and posed hiring of a member of such designated plaud your courage and know that you will the United States. Section 4(c) provides that nothing in the groups, this act would be a preference. continue to apply your leadership on this im- Act shall be construed to prohibit or limit Section 8(3) defines the term ‘‘historically portant issue. gender classifications that are bona fide oc- Black college or university’’ to mean a Part Sincerely, cupational qualifications reasonably nec- B institution, as defined in section 322(2) of LINDA CHAVEZ. essary to the normal operation of the Fed- the Higher Education Act of 1965 (20 U.S.C. eral government entity or Federal con- 1061(2)). STATEMENT OF MILTON BINS, CHAIRMAN, tractor involved. The courts have deter- COUNCIL OF 100 mined that bona fide occupational qualifica- WRITTEN STATEMENT OF WILLIAM J. BENNETT, The Council of 100, a national network of tions may apply to jobs such as prison THE EQUAL OPPORTUNITY ACT OF 1995 African American Republicans founded in guards or occupations raising similar pri- I congratulate Senator Dole and Congress- 1974, applauds the leadership and measured vacy concerns. man Canady for their introduction of ‘‘The approach taken by Sen. Bob Dole today in Section 4(c) also provides that nothing in Equal Opportunity Act of 1995.’’ introducing the ‘‘Equal Opportunity Act of the Act shall be construed to prohibit or This legislation is both significant and 1995.’’ This act provides a unifying and co- limit gender classifications that (1) are de- morally serious. It re-dedicates this country herent framework in which to foster inclu- signed to protect the privacy of individuals, to the noble proposition that America ought sion and equal opportunity for all Americans (2) are adopted for reasons of national secu- to be a color-blind society. Racism and dis- without discriminating against any Amer- rity, or (3) involve combat-related functions. crimination are still ugly stains on the ican on the basis of race, color, national ori- Section 5. Compliance Review of Policies American landscape, and where they occur, gin or sex. and Regulations. Section 5 establishes a we need to use existing laws to stamp them The long-delayed national conversation compliance review procedure: Within 1 year out. Republicans need to be principled, not about the role of the federal government in of the date of enactment, the head of each politically opportunistic, when addressing promoting equal opportunity will now take department and agency of the Federal gov- the issue of race. And race should never be place where it should: in the Congress of the ernment, in consultation with the Attorney used as a ‘‘wedge issue’’ in any campaign. United States. It is time for the American General, must (1) review all existing policies That said, Republicans should be confident people to speak through their elected rep- and regulations for which the department or and unambiguous in articulating the case for resentatives as we build a new national con- agency head is charged with administering, a color-blind society and against race-based sensus in support of inclusion, fairness and (2) modify those policies and regulations to preferences. Counting by race is noxious. It equal protection of the law. conform to the requirements of this Act, and has divided and balkanized this country. If A fair reading of the act will allay con- (3) report to the Committee on the Judiciary we continue to count by race, hire by race, cerns that the legislation represents the of the Senate and House of Representatives admit by race, and keep calling attention to ‘‘opening salvo’’ of a Republican-led assault the results of the review and any modifica- race, we will divide by race. Since the imple- on affirmative action, and is part of a plan to tions to the policies and regulations. mentation of preference programs, we have roll back the gains African Americans in Section 6. Remedies. Section 6(1) outlines moved away from Martin Luther King, Jr.’s particular have made over the past 30 years. the remedies for those who have been ag- vision of a society where we are judged by Rather, its purpose is to remove a major grieved by violations of the Act. These rem- the ‘‘content of our character’’ and not by roadblock—group preferences—that divide edies are limited to injunctive or equitable the ‘‘color of our skin.’’ It is time to return and Balkanize Americans along racial, eth- relief (including but not limited to back to the American ideal that we are one peo- nic and gender lines as we struggle to build pay), a reasonable attorney’s fee, and costs. ple. The best way to achieve a color-blind so- an opportunity society for all of us. Section 6(2) provides that nothing in this ciety is actually to be a color-blind society, The act calls for vigorous enforcement of section shall be construed to affect any rem- in law and spirit. nondiscrimination laws. It leaves in place edy available under any other law. Section 7. Effect on Pending Cases. Section The Dole-Canady legislation puts the fed- remedies to redress discrimination available 7(a) provides that nothing in this Act affects eral government on the moral high ground under any law, including the Civil Rights any case pending on the date of enactment of on civil rights. If this legislation passes, the Act of 1964. It does not prohibit voluntary ef- this Act. Section 7(b) provides that nothing federal government can no longer engage in forts such as minority outreach and recruit- in this Act shall affect any contract, sub- preferential-treatment practices that result ment. In fact, casting a wider net to increase contract, or consent decree in effect on the in reverse discrimination. The federal gov- the pool of qualified applicants is expressly date of enactment of this Act, including any ernment can no longer take race, gender, or encouraged. The act also exempts histori- option exercised under such contract or sub- ethnicity into account in its employment or cally black colleges and universities in rec- contract before or after such date of enact- contracting practices, or in the implementa- ognition of their unique role in fostering ment. tion of any federally-conducted program or educational opportunities for all Americans. Section 8. Definitions. Section 8(1) defines activity. Instead, all people, regardless of The myopic fixation on past wrongs that the term ‘‘Federal Government’’ to mean the race or gender, will be guaranteed justice can never be righted and on remedies that executive and legislative branches of the and equal protection when dealing with the have had limited impact on expanding em- Government of the United States. federal government. ployment and business opportunities keep Section 8(2) defines the term ‘‘grant a pref- There is still more work to be done. But African Americans looking backwards. While erence’’ to mean use of any preferential the Dole-Canady bill is a very good start. It we ‘‘cannot escape history,’’ we do not have treatment and includes the use of a quota, is consistent with American principles. This to be trapped by our history. As Frederick set-aside, numerical goal, timetable, or is important legislation; it deserves to be Douglass said, ‘‘We have to do with the past other numerical objective. passed. only as we can make it useful to the present

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and to the future.’’ We believe the future will these programs have not done more damage S. 641 belong to those who are prepared and who than good. The Independent Women’s Forum At the request of Mrs. KASSEBAUM, are willing to compete in a knowledge-based, looks forward to engaging in this discussion. the name of the Senator from Florida global economy. Most respectfully, [Mr. MACK] was added as a cosponsor of Today begins the hard work of formulating BARBARA J. LEDEEN, S. 641, a bill to reauthorize the Ryan a new paradigm for equal opportunity for all Executive Director for Policy. White CARE Act of 1990, and for other Americans. The Council of 100 looks forward f to working with Sen. Dole as he points us to- purposes. ward the future with the ‘‘Equal Opportunity ADDITIONAL COSPONSORS At the request of Mr. GRAHAM, his Act of 1995.’’ name was added as a cosponsor of S. S. 143 641, supra. At the request of Mrs. KASSEBAUM, CENTER FOR NEW BLACK LEADERSHIP, S. 885 the name of the Senator from Nebraska Washington, DC, July 27, 1995. At the request of Mr. MOYNIHAN, the [Mr. KERREY] was added as a cosponsor EQUAL OPPORTUNITY ACT OF 1995 names of the Senator from Washington of S. 143, a bill to consolidate Federal Senator Dole’s introduction of the Equal [Mr. GORTON] and the Senator from employment training programs and Opportunity Act of 1995 is an important first Kansas [Mrs. KASSEBAUM] were added create a new process and structure for step in restoring the nondiscrimination prin- as cosponsors of S. 885, a bill to estab- ciple to American civil rights law. funding the programs, and for other lish United States commemorative Racially preferential public policy is not purposes. coin programs, and for other purposes. only unfair to members of nonpreferred S. 256 groups but also to many of its ostensible S. 1061 beneficiaries. When our public policy sug- At the request of Mr. DOLE, the At the request of Mr. LEVIN, the gests that members of certain races, taken names of the Senator from Alabama name of the Senator from New Mexico as an undifferentiated whole, are incapable [Mr. HEFLIN] and the Senator from [Mr. BINGAMAN] was added as a cospon- of competing without the helping hand of the North Dakota [Mr. DORGAN] were added sor of S. 1061, a bill to provide for con- state, our leaders send a dangerously as cosponsors of S. 256, a bill to amend gressional gift reform. stereotypical message to the larger society. title 10, United States Code, to estab- SENATE JOINT RESOLUTION 31 To be sure, state-sanctioned categorization lish procedures for determining the At the request of Mr. HATCH, the of people based upon race and gender may status of certain missing members of once have been a practical tool for rem- name of the Senator from Georgia [Mr. edying manifest disadvantage resulting from the Armed Forces and certain civilians, NUNN] was added as a cosponsor of Sen- systematic exclusion of groups from the and for other purposes. ate Joint Resolution 31, a joint resolu- American mainstream. Today, however, race S. 284 tion proposing an amendment to the and gender are simply insufficient proxies At the request of Mr. DOLE, the Constitution of the United States to for disadvantage. To suggest otherwise is names of the Senator from Michigan grant Congress and the States the disingenuous and destructive. [Mr. ABRAHAM], the Senator from Mis- power to prohibit the physical desecra- We can restore the moral foundation of civil rights policy in two ways. First, by con- souri [Mr. BOND], and the Senator from tion of the flag of the United States. fronting and punishing acts of discrimina- Colorado [Mr. BROWN] were added as SENATE RESOLUTION 133 tion where they exist. The acknowledgment cosponsors of S. 284, a bill to restore At the request of Mr. HELMS the that discrimination remains a factor of life the term of patents, and for other pur- name of the Senator from New York for too many Americans must stiffen our re- poses. [Mr. D’AMATO] was added as a cospon- solve to deal with the problem construc- S. 304 sor of Senate Resolution 133, a resolu- tively. However, such an acknowledgment At the request of Mr. SANTORUM, the tion expressing the sense of the Senate need not inevitably lead to categorical racial that the primary safeguard for the and gender preference. name of the Senator from Indiana [Mr. Instead, our leaders must deal forthrightly LUGAR] was added as a cosponsor of S. well-being and protection of children is with the very real economic and cultural 304, a bill to amend the Internal Rev- the family, and that, because the problems confronting many of America’s enue Code of 1986 to repeal the trans- United Nations Convention on the poorest communities today. The tragic cir- portation fuels tax applicable to com- Rights of the Child could undermine cumstances of the truly disadvantaged mercial aviation. the rights of the family, the President should be acknowledged and accommodated S. 491 should not sign and transmit it to the when appropriate. However, the suggestion Senate. that race and disadvantage are inextricably At the request of Mr. BREAUX, the linked is insidious in its effect. name of the Senator from Nevada [Mr. AMENDMENT NO. 1859 American public policy must move beyond REID] was added as a cosponsor of S. At the request of Mrs. KASSEBAUM the era of stereotypical racial and gender 491, a bill to amend title XVIII of the the name of the Senator from Florida categories, toward an era that demands that Social Security Act to provide cov- [Mr. MACK] was added as a cosponsor of similarly situated individuals, regardless of erage of outpatient self-management Amendment No. 1859 proposed to S. 641, race or gender, compete under the same a bill to reauthorize the Ryan White standard. Senator Dole’s bill quite rightly training services under part B of the medicare program for individuals with CARE Act of 1990, and for other pur- moves us in that direction by removing fed- poses. eral policy from the thicket of racial and diabetes. gender double standards. S. 530 f BRIAN W. JONES, At the request of Mr. GREGG, the SENATE RESOLUTION 157—COM- President. name of the Senator from Colorado MENDING SENATOR ROBERT C. [Mr. BROWN] was added as a cosponsor BYRD FOR CASTING 14,000 VOTES INDEPENDENT WOMEN’S FORUM, July 27, 1995. of S. 530, a bill to amend the Fair Mr. DASCHLE (for himself, Mr. Hon. ROBERT J. DOLE, Labor Standards Act of 1938 to permit DOLE, Mr. ROCKEFELLER, Mr. FORD, Mr. U.S. Senate, Washington, DC. State and local government workers to THURMOND, Mr. LOTT, Mr. INOUYE, Mr. DEAR SENATOR DOLE: The Independent perform volunteer services for their ABRAHAM, Mr. AKAKA, Mr. ASHCROFT, Women’s Forum commends you and Con- employer without requiring the em- Mr. BAUCUS, Mr. BENNETT, Mr. BIDEN, gressman Canady for your action today. The ployer to pay overtime compensation, Mr. BINGAMAN, Mr. BOND, Mrs. BOXER, Equal Opportunity Act of 1995 will insure an and for other purposes. historic debate about how to expand the Mr. BRADLEY, Mr. BREAUX, Mr. BROWN, economy and create opportunities for all S. 581 Mr. BRYAN, Mr. BUMPERS, Mr. BURNS, Americans. Preferences, set-asides, and At the request of Mr. FAIRCLOTH, the Mr. CAMPBELL, Mr. CHAFEE, Mr. COATS, quotas do not create jobs or opportunities— name of the Senator from Arizona [Mr. Mr. COCHRAN, Mr. COHEN, Mr. CONRAD, they create bitterness, division, hostility KYL] was added as a cosponsor of S. 581, Mr. COVERDELL, Mr. CRAIG, Mr. and disrespect. The Independent Women’s a bill to amend the National Labor Re- D’AMATO, Mr. DEWINE, Mr. DODD, Mr. Forum has long realized that, although lations Act and the Railway Labor Act DOMENICI, Mr. DORGAN, Mr. EXON, Mr. women have benefited by so-called affirma- tive action, at many times it was at the ex- to repeal those provisions of Federal FAIRCLOTH, Mr. FEINGOLD, Mrs. FEIN- pense of minorities, our brothers, husbands, law that require employees to pay STEIN, Mr. FRIST, Mr. GLENN, Mr. GOR- and other loved ones. The time has come to union dues or fees as a condition of em- TON, Mr. GRAHAM, Mr. GRAMM, Mr. rethink whether the social implications of ployment, and for other purposes. GRAMS, Mr. GRASSLEY, Mr. GREGG, Mr.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10833 HARKIN, Mr. HATCH, Mr. HATFIELD, Mr. spect to a particular action into one pro- chapter III during the 2-year period begin- HEFLIN, Mr. HELMS, Mr. HOLLINGS, Mrs. ceeding for that action.’’. ning on the effective date of this section HUTCHISON, Mr. INHOFE, Mr. JEFFORDS, shall be suspended until the earlier of— AMENDMENT NO. 1864 ‘‘(1) the date on which the requirements of Mr. JOHNSTON, Mrs. KASSEBAUM, Mr. On page 34, strike subsection (i) with re- section 622 or subchapter III are satisfied; or KEMPTHORNE, Mr. KENNEDY, Mr. spect to termination of rules (lines 20 ‘‘(2) the date occurring 6 months after the KERREY, Mr. KERRY, Mr. KOHL, Mr. through 25) and insert the following: date of the applicable deadline. KYL, Mr. LAUTENBERG, Mr. LEAHY, Mr. ‘‘(i) COMPLETION OF REVIEW.—If an agency ‘‘(b) COURT-ORDERED.—All deadlines im- LEVIN, Mr. LIEBERMAN, Mr. LUGAR, Mr. has not completed review of the rule by the posed by any court of the United States that MACK, Mr. MCCAIN, Mr. MCCONNELL, deadline established under subsection (b), would require an agency to propose or pro- Ms. MIKULSKI, Ms. MOSELEY-BRAUN, the agency shall immediately commence a mulgate a rule subject to section 622 or sub- chapter III during the 2-year period begin- Mr. MOYNIHAN, Mr. MURKOWSKI, Mrs. rulemaking action pursuant to section 553 of ning on the effective date of this section MURRAY, Mr. NICKLES, Mr. NUNN, Mr. this title to repeal the rule and shall com- plete such rulemaking within 2 years of the shall be suspended until the earlier of— PACKWOOD, Mr. PELL, Mr. PRESSLER, deadline established under subsection (b).’’. ‘‘(1) the date on which the requirements of Mr. PRYOR, Mr. REID, Mr. ROBB, Mr. section 622 or subchapter III are satisfied; or ROTH, Mr. SANTORUM, Mr. SARBANES, AMENDMENT NO. 1865 ‘‘(2) the date occurring 6 months after the Mr. SHELBY, Mr. SIMON, Mr. SIMPSON, Beginning on page 35, strike subsections date of the applicable deadline. Mr. SMITH, Ms. SNOWE, Mr. SPECTER, (a), (b) and (c) of section 624 (page 35, line 10, ‘‘(c) OBLIGATION TO REGULATE.—In any Mr. STEVENS, Mr. THOMAS, Mr. THOMP- through page 38, line 5) as modified by the case in which the failure to promulgate a rule by a deadline occurring during the 2- SON, Mr. WARNER, and Mr. WELLSTONE) Dole Amendment No. 1496 and insert the fol- lowing: year period beginning on the effective date submitted the following resolution; of this section would create an obligation to which was considered and agreed to: ‘‘(a) CONSTRUCTION WITH OTHER LAWS.—The requirements of this section shall supple- regulate through individual adjudications, S. RES. 157 ment, and not supersede, any other the deadline shall be suspended until the ear- Whereas, the Honorable Robert C. Byrd has decisional criteria otherwise provided by lier of— served with distinction and commitment as a law. If, with respect to any rule to be pro- ‘‘(1) the date on which the requirements of U.S. Senator from the State of West Virginia mulgated by a Federal agency, the agency section 622 or subchapter III are satisfied; or since January 3, 1959; cannot comply as a matter of law both with ‘‘(2) the date occurring 6 months after the Whereas, he has dutifully and faithfully a requirement of this section and any re- date of the applicable deadline.’’. served the Senate six years as Senate Major- quirement of the statute authorizing the ity Leader (1977–80, 1987–88) and six years as rule, such requirement of this section shall AMENDMENT NO. 1869 the Senate Minority Leader (1981–1986); not apply to the rule. On page 68, line 3, insert after ‘‘sub- Whereas, his dedicated service as a U.S. ‘‘(b) REQUIREMENTS.—Except as provided in chapter’’ the following: ‘‘and the require- Senator has contributed to the effectiveness subsection (c), no final major rule subject to ments of section 624’’. and betterment of this institution; this subchapter shall be promulgated unless Whereas, he is one of only three U.S. Sen- the agency head publishes in the Federal AMENDMENT NO. 1870 ators in American history who has been Register a finding that— Beginning on page 74, strike subparagraphs elected to seven 6-year terms in the Senate; ‘‘(1) the benefits from the rule justify the (E), (F), and (G) (page 74, line 22, through Whereas, he has held more Senate leader- costs of the rule; page 75, line 8) and insert the following: ship positions than any other Senator in his- ‘‘(2) the rule employs to the extent prac- ‘‘(E) unsupported by substantial evidence tory: Now, therefore, be it ticable flexible reasonable alternatives of in a proceeding subject to section 556 and 557 Resolved, That the U.S. Senate congratu- the type described in section 622(c)(2)(C)(iii); or otherwise reviewed on the record of an lates the Honorable Robert C. Byrd, the sen- and agency hearing provided by statute; or ior Senator from West Virginia, for becom- ‘‘(3) the rule adopts the alternative with ‘‘(F) unwarranted by the facts to the ex- ing the first U.S. Senator in history to cast greater net benefits than the other reason- tent that the facts are subject to trial de 14,000 votes. able alternatives that achieve the objectives novo by the reviewing court.’’. Sec. 2. The Secretary of the Senate shall of the statute. transmit a copy of this resolution to Senator ‘‘(c) ALTERNATIVE REQUIREMENTS.—If, ap- f Robert C. Byrd. plying the statutory requirements upon THE HANFORD LAND f which the rule is based, a rule cannot satisfy MANAGEMENT ACT the criteria of subsection (b), the agency AMENDMENTS SUBMITTED head may (and if the agency head has a non- discretionary duty to issue a rule, shall) pro- GORTON (AND OTHERS) mulgate the rule, if the agency head finds AMENDMENT NO. 1871 THE COMPREHENSIVE REGU- that— LATORY REFORM ACT OF 1995 ‘‘(1) the rule employs to the extent prac- (Ordered referred to the Committee ticable flexible reasonable alternatives of on Energy and Natural Resources.) the type described in section 622(c)(2)(C)(iii); Mr. GORTON (for himself, Mrs. MUR- and RAY, Mr. HATFIELD, and Mr. PACKWOOD) CHAFEE AMENDMENTS NOS. 1861– ‘‘(2) the rule adopts the alternative with 1870 the least net cost of the reasonable alter- submitted an amendment intended to be proposed by them to the bill (S. 871) (Ordered to lie on the table.) natives that achieve the objectives of the to provide for the management and dis- Mr. CHAFEE submitted 10 amend- statute.’’. position of the Hanford Reservation, to ments intended to be proposed by him AMENDMENT NO. 1866 provide for environmental manage- to amendment No. 1487 proposed by Mr. On page 39, lines 12 and 13, strike ‘‘may be ment activities at the reservation, and DOLE to the bill (S. 343) to reform the considered by the court solely for the pur- for other purposes; as follows: regulatory process, and for other pur- pose of’’ and insert in lieu thereof the fol- poses; as follows: Strike out all after the enacting clause and lowing: ‘‘may not be considered by the court insert in lieu thereof the following: AMENDMENT NO. 1861 except for the purpose of’’. SECTION 1. SHORT TITLE. On page 8, strike paragraph (4) (lines 11 AMENDMENT NO. 1867 This Act may be cited as the ‘‘Enhanced through 13) and insert the following: Environmental Cleanup and Management ‘‘(4) an explanation of the factual conclu- On page 39, strike subsection (e) with re- Demonstration Act of 1995’’. sions upon which the rule is based; and’’. spect to interlocutory review (page 39, line 18, through page 40, line 7) as modified by the SEC. 2. FINDINGS AND PURPOSES. (a) FINDINGS.—Congress hereby finds that— AMENDMENT NO. 1862 Nunn Amendment No. 1491. (1) Defense Nuclear Facilities were used to On page 11, strike lines 2 through 10 and in- AMENDMENT NO. 1868 produce nuclear weapons materials to defend sert the following: ‘‘give an interested person the United States in World War II and there- Strike section 636 with respect to deadlines the right to petition for the issuance, amend- after. These facilities played a critical role for rulemaking (page 40, line 8 through page ment, or repeal of a rule.’’. in securing the defense and overall welfare of 41, line 12) and insert the following: the country. AMENDMENT NO. 1863 ‘‘§ 626. Deadlines for Rulemaking (2) Defense Nuclear Facilities are now On page 30, at the end of line 22, add the ‘‘(a) STATUTORY.—All deadlines in statutes among the most contaminated sites in the following: ‘‘The court shall, to the extent that require agencies to propose or promul- country. Many are listed on the National practicable, consolidate all petitions with re- gate any rule subject to section 622 or sub- Priorities List compiled pursuant to the

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10834 CONGRESSIONAL RECORD — SENATE July 27, 1995 Comprehensive Environmental Response, SEC. 4. APPLICABILITY. the fostering of economic development, asso- Compensation, and Liability Act of 1980. (a) HANFORD RESERVATION.—The Depart- ciated with implementation of the selected Contamination and inadequate waste man- ment’s Hanford Reservation in southeastern remedy. agement practices at Defense Nuclear Facili- Washington shall be subject to this Act. (3) A certification of each of the following: ties pose threats to workers, surrounding (b) OTHER DEFENSE NUCLEAR FACILITIES.— (A) That the assessment under paragraph communities, and the environment. A Governor of a State hosting a Defense Nu- (2) is based on an objective and unbiased sci- (3) Although the Department has begun to clear Facility the fiscal year 1995 environ- entific and economic evaluation. address the contamination and manage its mental management budget of which was (B) That the remedy will substantially ad- waste, it has achieved too little progress for $500,000,000 or more may submit a request to vance the purpose of protecting human the significant amount of money spent. the President that the facility be covered by health or the environment against the risk (4) Problems with environmental restora- the terms of this Act. Within 60 days after addressed by the remedy. tion and waste management at Defense Nu- receipt of such a request, the President shall, (C) That there is no alternative remedy clear Facilities are attributable to a number unless the President determines that such that is allowed by the statute that would of factors. Among these is inefficient man- application is not in the national interest, achieve an equivalent reduction in risk in a agement by the Department at headquarters appoint a Site Manager for the facility pur- more cost-effective manner. and at the Defense Nuclear Facilities, in- suant to section 5. Thereafter, such Defense The assessments and certifications required cluding outmoded contracting procedures, Nuclear Facility shall be subject to this Act. under this paragraph may be set forth in sev- lack of competition, cumbersome bureau- SEC. 5. SITE MANAGER. eral documents or a single document, as de- cratic processes, and the lack of a clear (a) POLICY.—The President shall appoint, termined by the Site Manager. Completion chain of command. All of these things have within 60 days after enactment of this Act, a of such assessments and certifications shall contributed to confusion and inefficiency at Site Manager for the Hanford Reservation. not delay selection or implementation of a many Defense Nuclear Facilities. For other Defense Nuclear Facilities, the remedy and shall be completed prior to or (5) Internal orders issued by the Depart- President shall appoint a site manager, with- concurrent with the selection of a remedy. ment of Energy often hinder compliance in 60 days of receipt of a request from the (d) CLEANUP STANDARDS.—The Site Man- with environmental laws and add unneces- Governor of a host State submitted pursuant ager shall select remedial actions for a De- sary cost to environmental restoration. to section 4(b). The Site Manager shall be ap- fense Nuclear Facility in accordance with (6) Regulatory requirements applicable to pointed from a list of 3 candidates for such the provisions of section 121(d) of the Com- Defense Nuclear Facilities can be complex position to be provided by the Secretary. prehensive Environmental Response, Com- and, at times, redundant. Frequently, the (b) SCOPE.—In addition to other authorities pensation, and Liability Act of 1980 (42 Department is accountable to several regu- provided for in this Act, the Site Manager U.S.C. 9621(d)), except that the remedial ac- latory agencies. for a Defense Nuclear Facility shall have full tions need not attain any relevant and ap- (7) Cleanup decisions are often made with- authority to oversee and direct all oper- propriate standard, requirement, criteria, or out consideration of the future land uses. ations at the facility including the authority limitation. (b) PURPOSES.—The purposes of this Act (e) METRIC SYSTEM.—The Site Manager for are to require significant regulatory reform to— any Defense Nuclear Facility subject to this measures, and to require that Defense Nu- (1) enter into and modify contractual Act may exempt the facility from the re- clear Facilities be managed more efficiently. agreements to enhance environmental clean- up and management at the Defense Nuclear quirements of the Metric System Conversion SEC. 3. DEFINITIONS. Act of 1975 (15 U.S.C. 205a and following). For purposes of this Act: Facility; SEC. 6. DEPARTMENT ORDERS. (1) The term ‘‘adjoining State’’ means any (2) manage congressionally appropriated (a) EXISTING ORDERS.—The internal orders State other than a host State, the border of environmental management funds allocated of the Department of Energy, whether or not which is located within 50 miles of a Defense to the Defense Nuclear Facility, with the they have been adopted as regulations, shall Nuclear Facility. ability to transfer funds among accounts in not apply at a Defense Nuclear Facility sub- (2) The term ‘‘Defense Nuclear Facility’’ order to facilitate the most efficient and ject to this Act 60 days after the confirma- means a former or current Defense nuclear timely cleanup of the Facility; tion of the Site Manager except for those or- production facility now owned and managed (3) negotiate amendments to the Tri-Party ders that the Site Manager deems essential by the Department of Energy. Agreement or other environmental agree- for the protection of human health or the en- (3) The term ‘‘Department’’ means the De- ments for the Department; vironment, or to the conduct of critical ad- partment of Energy. (4) manage Department personnel at the ministrative functions. (4) The term ‘‘environmental agreement’’ Facility; and (b) NEW ORDERS.—The Site Manager of a means an agreement, including an inter- (5) carry out recommendations of the De- partment of Energy Office of Environmental Defense Nuclear Facility subject to this Act agency agreement, between the department may adopt a new order only after finding of Energy and/or the Environmental Protec- Health and Safety where the Site Manager determines that those recommendations are that the order is essential to the protection tion Agency that sets forth requirements of human health or the environment, or to and schedules for achieving compliance with consistent with the goals set forth in this Act, except that if the Site Manager elects the conduct of critical administrative func- Federal or State environmental laws. tions, and, to the extent possible, will not (5) The term ‘‘Hanford Reservation’’ means not to carry out such recommendations, the Site Manager shall provide to the Governor unduly interfere with efforts to bring the De- the Defense Nuclear Facility located in fense Nuclear Facility into compliance with of the host State and the Secretary a state- southeastern Washington owned and man- environmental laws, including the terms of ment of the reasons therefor. aged by the Department of Energy. any environmental agreement. (6) The term ‘‘host State’’ means a State Decisions by the Site Manager to disregard SEC. 7. STATE EXERCISE OF REGULATORY AU- with a Defense Nuclear Facility located recommendations made by the Department THORITY. within its boundaries that is subject to this of Energy’s Office of Environmental Health (a) STATE EXERCISE OF AUTHORITIES UNDER Act. and Safety shall take effect unless the Presi- CERCLA.—(1) Notwithstanding any other (7) The term ‘‘interagency agreement’’ dent determines within 21 days of implemen- provision of law, a host State may exercise means an agreement entered into pursuant tation of the issuance of the decision that the authorities vested in the Administrator to the provisions of section 120(e) of the the particular decision is not in the national of the Environmental Protection Agency Comprehensive Environmental, Response, interest and where the State concurs with under the Comprehensive Environmental Re- Compensation, and Liability Act of 1980 (42 the President’s opinion. In such cases, the sponse, Compensation, and Liability Act of U.S.C. 9620(e)). President and the host State shall certify 1980 (42 U.S.C. 9601 et seq.) at any Defense (8) The term ‘‘Land Use Council’’ means, within such 21-day period that the rec- Nuclear Facility subject to this Act if the with respect to a Defense Nuclear Facility, a ommendation does not add prohibitively to host State complies with the provisions of congressionally chartered council with the costs at the site and that the alternative this section. authority to develop a future land use plan meets important environmental or human (2) A host State that elects to exercise the at such facility. health or safety concerns. authorities vested in the Administrator of (9) The term ‘‘Secretary’’ means the Sec- (c) ADDITIONAL DUTIES.—The Site Manager the Environmental Protection Agency under retary of Energy. for any Defense Nuclear Facility subject to the Environmental Protection Agency under (10) The term ‘‘Site Manager’’ means a this Act shall prepare the following for each the Comprehensive Environmental Response, presidentially appointed Department of En- remedy selected under the Comprehensive Compensation, and Liability Act of 1980 shall ergy official delegated with full authority Environmental Response, Compensation, and notify the Administrator in writing. Within from the Secretary to oversee and direct all Liability Act of 1980 at such facility if the 60 days of the Administrator’s receipt of the operations at a Defense Nuclear Facility. cost of the remedy exceeds $25,000,000: State’s notification, the Administrator shall (11) The terms ‘‘TPA’’ and ‘‘Tri-Party (1) An analysis of the incremental costs provide for the orderly transfer of her au- Agreement’’ mean the Hanford Federal Fa- and incremental risk reduction or other ben- thorities at the Defense Nuclear Facility to cility Agreement And Consent Order as efits associated with the selected remedy the host State. The host State and the De- amended among Washington State, the De- (2) An assessment of the costs and risk re- partment shall amend any existing inter- partment, and the Environmental Protection duction or other benefits, including protec- agency agreement to reflect the transfer of Agency. tion of human health or the environment, or authorities at the Defense Nuclear Facility.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10835 (3) A host State that elects to exercise the Compensation, and Liability Act of 1980 (42 tion of the Site Manager, a Future Land Use authorities vested in the Administrator of U.S.C. 9621(f)(1)(D),(E),(G), and (H)). plan for the Defense Nuclear Facility. To the Environmental Protection Agency under (2) A host State shall enter into negotia- support remedial action decisions, the Coun- the Comprehensive Environmental Response, tions with, and is authorized to enter into a cil shall use a phased approach in developing Compensation, and Liability Act of 1980 shall Memorandum of Understanding with, an ad- a future land use plan. Prior to completion retain its authority under section 310 of that joining State addressing issues of mutual of the full plan, but no later than 9 months Act (42 U.S.C. 9659) to enforce compliance concern regarding a Defense Nuclear Facil- after the Site Manger’s confirmation, the with any requirement of an interagency ity. Nothing in this paragraph shall delay Council shall adopt land use plans for por- agreement with the Department, including implementation of this section. tions of the Facility to support scheduled re- the authority to compel implementation of a (3) If a host State brings an action to com- medial action decisions as requested by the remedy selected by the State and shall have pel implementation of a remedial action pur- Site Manager. the authority granted under section 109 of suant to this section, an adjoining State (d) CONTENT OF THE PLAN.—The Future that Act (42 U.S.C. 9609(a)(1)). may intervene as a matter of right in such (4)(A) At a Defense Nuclear Facility where action. Land Use Plan for a Defense Nuclear Facility the Administrator’s authorities under sec- (d) PENALTIES.—All funds collected by the shall include— tion 120(e)(4) of the Comprehensive Environ- host State from the Federal Government as (1) lands that should be retained by the De- mental Response, Compensation, and Liabil- penalties or fines imposed for the violation partment for its use or for the maintenance ity Act of 1980 (42 U.S.C. 9620(e)(4)) have been of any environmental law at a Defense Nu- of institutional controls needed to protect transferred to the host State pursuant to clear Facility shall be used by the host State the public or environment from hazardous this section, and the host State does not con- only for projects to protect the environment substances or radioactive materials; cur in a remedy proposed by the Site Man- at or near the facility from threats resulting (2) lands designated for industrial use; ager, the parties shall enter into dispute res- from the facility or to remedy contamina- (3) lands designated for commercial use; olution as provided in their interagency tion associated with the facility. (4) lands designated for residential use; agreement. SEC. 8. COMPLIANCE WITH NATIONAL ENVIRON- (5) lands designated for agricultural use; (B) The final level of such disputes shall be MENTAL POLICY ACT. (6) lands designated for recreational use; to the Site Manager and the Governor of the The Site Manager shall integrate, to the and host State, and if the Site Manager and the maximum extent possible, the requirements (7) lands designated for open space. Governor do not reach agreement, the host of the National Environmental Policy Act (e) PLAN CRITERIA.—In developing the Fu- State shall select the final remedy: Provided, (42 U.S.C. 4321) with other applicable State ture Land Use Plan, the Land Use Council however, That before reaching the final level and Federal regulatory requirements. Where shall consider information it deems appro- of dispute, the remedy selection dispute an analysis of environmental impacts and priate, including— shall be reviewed by a mediator selected by public comment process has been completed (1) the degree to which lands within the the host State and the Site Manager. The under other applicable law, including the Defense Nuclear Facility could be reasonably mediator shall be experienced in contami- Comprehensive Environmental Response, remediated given technological consider- nated site remediation, and radionuclide ex- Compensation, and Liability Act of 1980 (42 ations; posure issues. The mediator may consult U.S.C. 9601 and following) or State environ- (2) the cost of remediation; with representatives of the National Acad- mental laws, for any decision, project, or ac- (3) the risks to human health and the envi- emy of Sciences, and other qualified experts tion conducted at a Defense Nuclear Facil- ronment; as the mediator deems necessary. If the me- ity, and the Site Manager determines that (4) the land use history of the facility and diation does not result in the parties reach- the analysis and process are substantially surrounding lands, current land uses of the ing agreement, the mediator shall rec- equivalent to that required by the National facility and surrounding lands, recent devel- ommend the remedy he deems appropriate. Environmental Policy Act, the Site Manager opment patterns in the proximity of the fa- The mediation process shall be completed as need not conduct another environmental cility, and population projection for the quickly as possible, and in no event shall analysis or public comment process under area; take more than 90 days to complete. If the the National Environmental Policy Act. (5) land use plans prepared for adjacent Governor disagrees with the mediator’s rec- SEC. 9. LAND USE COUNCIL. lands and for the facility, including for the ommendation, the host State shall issue the (a) COUNCIL ESTABLISHED.—There is hereby Hanford reservation, the report of the Fu- final determination on the dispute, with a established a Land Use Council for each De- ture Site Working Group; written rationale for such determination. fense Nuclear Facility for which a Site Man- (6) Federal or State land use designations, (C) In selecting a remedy, the Site Man- ager has been appointed under this Act. Each including Federal facilities and national ager, the mediator, and the host State shall Land Use Council shall develop a future land parks, State groundwater or surface water consider the remedy selection criteria in sec- use plan for all lands within the Defense Nu- recharge areas, recreational areas, wildlife tion 121 of the Comprehensive Environ- clear Facility boundaries that are managed refuges, ecological areas, and historic or cul- mental Response, Compensation, and Liabil- under the Comprehensive Environmental Re- tural areas; ity Act of 1980 (42 U.S.C. 9621), and in the Na- sponse, Compensation, and Liability Act of (7) the proximity of contamination to resi- tional Contingency Plan, the provisions of 1980 and are listed on the National Priorities dences, sensitive populations or ecosystems, this Act, and the assessment and the certifi- List. The Council shall not specify future natural resources, or areas of unique historic cation prepared by the Site Manager under land use for lands outside National Priority or cultural significance; section 5(c) of this Act. List site boundaries. At the Hanford Res- (8) the potential for economic develop- (5) Remedial actions selected for Defense ervation, the Council shall not specify future ment; and Nuclear Facilities or portions thereof shall land use for the Fitzner-Eberhardt Arid (9) recreation, open space, cultural, and be consistent with the Future Land Use plan Lands Ecology Reserve or the Wahluke other noneconomic values. developed by the Land Use Council. Reme- Slope. The plan shall be given full consider- (f) CONSULTATION.—In preparing the land dial actions, including cleanup standards, ation in developing and selecting remedial use plan, the Council shall consult with— shall be selected using reasonable maximum actions for the Defense Nuclear Facility. (1) adjoining States, exposure scenarios that are consistent with (b) MEMBERSHIP.—Each Land Use Council (2) affected Indian Tribes, the future land uses set forth in the Future shall make decisions by majority vote. The (3) affected local governments, Land Use plan. Appropriate institutional members of the Council for a Defense Nu- (4) appropriate State and Federal agencies, controls shall be implemented whenever the clear Facility shall include the Site Manager and concentration of hazardous substances re- for the Defense Nuclear Facility who shall be (5) the public. maining after completion of the remedial ac- a voting member and the following addi- tion would pose a threat or potential threat tional members appointed by such Site Man- All Council meetings shall be open to the to human health under a residential use ex- ager: public and shall be scheduled and conducted posure scenario. (1) One voting member nominated by the to promote public participation. Adjoining (b) REDUNDANCIES.—The host State shall Governor of the host State. States, affected Indian Tribes, affected local integrate, to the maximum extent possible, (2) One voting member nominated by the governments, appropriate State and Federal the requirements of applicable laws over elected officials of counties and cities con- agencies, and the public shall be given an op- which it has jurisdiction, to eliminate tiguous to or within 15 miles of a Defense portunity to comment on the land use plans redundancies that do not contribute to the Nuclear Facility. prior to their adoption. The Council shall ad- environmental management program. (3) One nonvoting member consisting of vise commentors of the disposition of their (c) ADJOINING STATES.—(1) The Site Man- the chair of the site advisory board, estab- comments. ager shall provide to any adjoining State lished by the Department at the Defense Nu- SEC. 10. TECHNOLOGY DEMONSTRATIONS. those opportunities for review and comment clear Facility or such members designee. regarding any response action at a Defense (4) One nonvoting member appointed by (a) IN GENERAL.—The Site Manager shall Nuclear Facility that are provided pursuant the national laboratory in closest proximity promote the demonstration, certification, to section 121(f)(1)(D),(E),(G), and (H) by the to the Defense Nuclear Facility. verification, and implementation of new en- Environmental Protection Agency under the (c) PLAN ADOPTION.—The Land Use Council vironmental technologies at Defense Nuclear Comprehensive Environmental Response, shall adopt, within 24 months after confirma- Facilities.

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(b) CRITERIA.—The Site Manager shall es- facility designs, and schedules and cost esti- structures larger than 100,000 square feet tablish a program at the Defense Nuclear Fa- mates; and shall be limited to no more than 30 days. cility for testing environmental, waste char- (9) maximize use of fixed-price contracts in SEC. 15. ENVIRONMENTAL HEALTH AND SAFETY. acterization and remediation technology at lieu of cost-plus reimbursement contracts. The Department of Energy Office of Envi- the site. In establishing such a program, the (b) MULTIYEAR CONTRACTING.—The Site ronmental Health and Safety shall enforce Site Manager is authorized to— Manager is authorized to enter into and im- safety and health activities at Defense Nu- (1) establish a simplified, standardized and plement multiyear contracts, in accordance clear Facilities. timely process for the testing and with FAR and FASA requirements and the verification of new technologies; SEC. 16. PRIVATIZATION OF WASTE CLEANUP provisions of this Act for the design, con- AND MODERNIZATION ACTIVITIES (2) solicit and accept applications to test struction, operation and maintenance of OF DEFENSE NUCLEAR FACILITIES. environmental technology suitable for waste treatment, storage and disposal facilities by (a) CONTRACT AUTHORITY.—Notwith- management and environmental restoration private entities. The Site Manager shall do standing any other law, the Site Manager activities at Defense Nuclear Facilities, in- so when the Site Manager determines that may enter into 1 or more long-term con- cluding prevention, control, characteriza- such a contract will maximize public re- tracts, with a private entity located within tion, treatment, and remediation of con- sources and result in efficient and timely en- 75 miles of a Defense Nuclear Facility, for tamination; and vironmental improvements. In entering into the procurement of products or services that (3) enter into cooperative agreements with such a contract, the Site Manager shall not are determined by the Site Manager to be other public and private entities to test envi- jeopardize the funding of environmental necessary to support environmental manage- ronmental technologies at the Defense Nu- agreement obligations. The Site Manager ment activities at such facilities, including clear Facility. may use Department of Defense FAR the design, construction, and operation of (c) SAFE HARBORS.—At the request of the multiyear funding and termination liability treatment, storage, and disposal facilities. Site Manager, the Secretary shall seek to procedures in lieu of civilian agency FAR (b) CONTRACT PROVISIONS.—A contract provide regulatory or contractual ‘‘safe har- procedures if the Site Manager demonstrates under subsection (a)— bors’’ to limit liability of companies using this to be beneficial to the United States. technology approved for use at a Defense Nu- (1) shall be for a term of not more than 30 (c) ASSISTANCE IN IMPROVING CONTRACTING years; clear Facility for use at other Department of STRATEGIES AND GOVERNMENT OVERSIGHT.— Energy facilities. (2) may include options for 2 extensions of The Site Manager shall obtain the expertise not more than 5 years each; (d) NUCLEAR MATERIAL.—When source, spe- necessary to implement performance ori- cial nuclear, or by-product materials are in- (3) when source, special nuclear, by-prod- ented incentive based contracting and pro- uct, hazardous materials are involved, shall volved, agreements with private entities curement practices. To accomplish this, the under section 9, subsection (b), shall— include an agreement to— Site Manager may obtain the involvement of (A) provide indemnification pursuant to (1) provide indemnification pursuant to qualified representatives from other Federal section 170d. of the Atomic Energy Act of section 170d. of the Atomic Energy Act of agencies in— 1954 (42 U.S.C. 2210(d)); 1954 (42 U.S.C. 2210(d)); (1) developing improved contracting strate- (2) indemnify, protect, and hold harmless (B) indemnify, protect, and hold harmless gies, and participating in selection of con- the contractor from and against all liability the contractor from and against all liability, tract sources; and including liability for legal costs, for any (including liability to 3rd parties for legal (2) the oversight and administration of costs and for claims for personal injury, ill- preexisting conditions at any part of the De- contracts. fense Nuclear Facility managed under the ness, property damage, and consequential agreement; The Secretaries of involved agencies shall damages) relating to pre-existing conditions (3) indemnify, protect, and hold harmless ensure selection of qualified and knowledge- at any part of the Defense Nuclear Facility the contractor from and against all liability able representatives to assist and advise the arising out of the contractor’s performance to third parties (including liability for legal Site Manager. The Site Manager may also, under the contract unless such liability was costs and for claims for personal injury, ill- to the extent allowed by the FAR separately caused by conduct of the contractor which ness, property damage, and consequential consult with the private sector. was negligent or grossly negligent or which damages) arising out of the contractor’s per- SEC. 12. ENVIRONMENTAL AGREEMENTS NOT AF- constituted intentional misconduct; and formance under the contract, unless such li- FECTED. (C) provide for indemnification of sub- ability was caused by conduct of the con- Nothing in this Act shall impair the force contractors as described in subparagraphs tractor which was grossly negligent or which or effect of any environmental agreement, (A) and (B); constituted intentional misconduct; and except to authorize re-negotiation to incor- (4) shall permit the contractor to obtain a (4) provide for indemnification of sub- porate the changes required to comply with patent for and use for commercial purposes a contractors as described in subparagraphs provisions of this Act. technology developed by the contractor in (1), (2), and (3). SEC. 13. REPORT TO CONGRESS. the performance of the contract; SEC. 11. CONTRACT REFORM AND FEDERAL GOV- Two years after the effective date of this (5) shall provide for fixed or performance ERNMENT OVERSIGHT. Act, and every two years thereafter, the Site based compensation; and (a) CONTRACTING STRATEGIES.—The Site Manager for each Defense Nuclear Facility (6) shall include such other terms and con- Manager, in entering into and managing all subject to this Act shall submit to Congress ditions as the Site Manager considers appro- contracts at Defense Nuclear Facilities (in- a report evaluating progress or cleanup made priate to protect the interests of the United cluding contracts for design, construction, under the provisions of this Act. The report States. operation and maintenance of treatment, shall identify efficiencies achieved and mon- (c) PREFERENCE FOR LOCAL RESIDENTS.—In storage and disposal facilities), may ensure eys saved through implementation of this entering into contracts under subsection (a), effective, efficient and consistent implemen- Act and shall identify additional measures the Site Manager shall give preference, con- tation of the Federal Acquisition Regulation that would increase the pace and lower the sistent with Federal, State, and local law, to (hereinafter in this section referred to as cost of environmental management activi- entities that plan to hire, to the maximum ‘‘FAR’’) and the Federal Acquisition Stream- ties at the facility. The Site Manager shall extent practicable, residents in the vicinity lining Act (hereinafter in this section re- also report specific actions undertaken to of the Defense Nuclear Facility who are em- ferred to as ‘‘FASA’’) requirements and implement business and contracting strate- ployed or who have previously been em- shall— gies that maximize the use of fixed price and ployed by the Department of Energy or a pri- (1) encourage market-based management incentive based contracting in lieu of cost vate contractor at the facility. and practices; reimbursement contract arrangements. The (d) PAYMENT OF BALANCE OF UNAMORTIZED (2) maximize competition in new procure- Site Manager shall also specify in his report COSTS.— ments; the utility of commercial standards, speci- (1) DEFINITION.—For purposes of this sub- (3) maintain an effective capability to re- fications and practices, as well as improve- section, the term ‘‘special facility’’ means compete existing contracts; ments in the effectiveness and efficiency of land, a depreciable building, structure, or (4) maximize efficient and effective use of Federal contract oversight and administra- utility, or depreciable machinery, equip- multiyear contracting practices that en- tion activities within his purview. ment, or material that is not supplied to a hance commercialization and privatization; SEC. 14. NATIONAL HISTORIC PRESERVATION contractor by the Department. (5) maximize use of incentives and per- ACT. (2) CONTRACT TERM.—A contract under sub- formance guarantees; Federal structures at a Defense Nuclear section (a) may provide that if the contract (6) assure coordination and integration of Facility smaller than 100,000 square feet is terminated for the convenience of the Gov- all contractor-developed designs, plans, and shall be exempt from the National Historic ernment, the Secretary shall pay the schedules; Preservation Act (16 U.S.C. 470 and fol- unamortized balance of the cost of any spe- (7) maximize application of best commer- lowing) unless the Site Manager deems these cial facility acquired or constructed by the cial standards and specifications in all con- structures appropriate for National Historic contractor for performance of the contract. tracts; Preservation Act protection, and deems that (3) SOURCE OF FUNDS.—The Secretary may (8) consult to maximum extent possible, such action will not delay cleanup activities make a payment under a contract term de- the host State regarding contracting strate- or increase cleanup costs at the facility. Na- scribed in paragraph (2) and pay any other gies and oversight, including project plans, tional Historic Preservation Act review for costs assumed by the Secretary as a result of

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To empha- subsequent fiscal year. date of enactment of this Act. size the importance of the task, and (e) LIMITATION.—Funds appropriated pursu- SEC. 18. JURISDICTION. the quality of the person in charge, the ant to this or any other Act enacted after The United States District Court for the President shall appoint the site man- the date of enactment of this Act may be ob- district in which a Defense Nuclear Facility ager for Hanford, with the advice and ligated for a contract under this section is located shall have exclusive jurisdiction consent of the Senate. With this step, only— over any claims arising under this Act with DOE headquarters is tacitly removed (1) to the extent or in such amounts as are respect to such facility. from the decisionmaking process. Ac- provided in advance in an appropriation Act, SEC. 19. STABLE FUNDING. and countability and responsibly are fo- It is the sense of the Senate that stable cused locally. There will be no room for (2) if such contract contains each of the levels of funding are essential to carry out following provisions: this Act. The Site Manager and the Presi- excuses if the job is not being done (A) A statement that the obligation of the dent are encouraged to seek funding levels promptly and properly. United States to make payments under the not lower than that allocated during fiscal LAND USE contract in any fiscal year is subject to ap- year 1996 propriations being provided specifically for Any attempt to deal with Hanford’s SEC. 20. EXPIRATION. that contract. cleanup problems must tackle the enig- The provisions of this Act shall expire 10 (B) A commitment to obligate the nec- matic, yet important, issue of how years after its enactment, but Congress may essary amount for each fiscal year covered review and revoke any provisions of this Act clean is clean. To determine how clean by the contract when and to the extent that after 5 years if Congress determines that en- certain portions of land will be, you funds are appropriated for such contract for actment of this Act has not accelerated must decide thresholds of cleanliness, such fiscal year. cleanup or reduced costs at the Defense Nu- and ultimately determine what those (C) A statement that such a commitment clear Facility. given under the authority of this section lands will be used for once the job is does not constitute an obligation of the Mr. GORTON. Mr. President, the De- finished. This amendment invests pro- United States. partment of Energy’s defense nuclear portional authority for these decisions (f) LEASE OF FEDERALLY OWNED LAND.— complex—and Hanford in particular— into local voices, as these are the peo- (1) IN GENERAL.—Notwithstanding any has been maligned and criticized long ple most affected by cleanup and future other provision of law, the Site Manager enough. Today, in a truly bipartisan land use issues. Today the Federal Gov- may lease federally owned land at a Defense ernment has complete authority for Nuclear Facility to a contractor in order to spirit, my colleagues and I are offering provide for or to facilitate the construction substantive, workable, and dramatic the use, and final disposition, of 562 of a facility in connection with a contract solutions to the Nation’s Environ- square miles in Washington State. We under subsection (a). mental and Waste Management Pro- wanted to give local imput some (2) TERM.—The term of a lease under this gram. Congressman HASTINGS and I teeth—more than merely an advisory paragraph may be either the expected useful have worked with Senator MURRAY, the role. To do that, we established a proc- life of the facility to be constructed, or the State of Washington, and with the sup- ess that enables State and local rep- term of the contract. port of our delegation, to forge a cre- resentatives to be on equal footing (3) TERMS AND CONDITIONS.—A lease under with the Federal Government in land paragraph (1) shall— ative new course for the Department of (A) require the contractor to pay rent in Energy and its massive cleanup oper- use decisions. In that vein, this amend- amounts that the Site Manager considers to ations. The old paradigm of bureau- ment establishes a land use council to be appropriate; and cratic cleanup is being tossed. Ac- make difficult, yet essential, decisions (B) include such other terms and condi- countability and responsibility are the on how clean portions of the site will tions as the Site Manager considers to be ap- new standards to be employed at Han- be. Our amendment does not address propriate. ford and other DOE sites. As most of us final disposition of land, and specifi- (g) COMMERCIAL STANDARDS.—The Site cally exempts the Hanford ALE and Manager shall, whenever practicable, apply know, Hanford is no small problem—in commercial standards to contractors used in complexity or cost. This amendment’s REACH from the land council’s pur- the performance of a contract under sub- foundations lie in four areas: Leader- view. This is a bold attempt to tackle section (a). ship, future land use, regulatory re- what is perhaps the most contentious, SEC. 17. PREFERENCE AND ECONOMIC DIVER- form, and privatization. Those ideas and difficult, issue to address at Han- SIFICATION FOR COMMUNITIES AND have been cooperatively crafted into ford and our other defense nuclear fa- LOCAL RESIDENTS. the legislation being introduced today. cilities. (a) PREFERENCE.—In entering into a con- tract or subcontract with a private entity Let me emphasize some of Hanford’s REGULATORY REFORM for products to be acquired or services to be shortcomings, and how we have set out Like the proverbial kitchen with too performed at a Defense Nuclear Facility, the to correct them. many cooks, DOE’s defense nuclear fa- Site Manager and contractors under the Site LEADERSHIP cilities suffer from an overabundance Manager’s supervision shall, to the max- DOE is plagued with a gaping absence of regulators—each with an agenda and imum extent practicable, give preference to an entity that is otherwise qualified and of firm, decisive leadership. Likewise, each with the potential to make a job within the competitive range (as determined Hanford and its communities suffer significantly more cumbersome than it under section 15.609 of title 48, Code of Fed- from an overabundance of committees, needs to be. Contrary to rumors and eral Regulations, or a successor regulation, review processes, open-ended debates unfounded, naive speculation, we are as in effect on the date of the determination) and rule by consensus, rather than de- not gutting environmental or safety that plans will— cision. This process simply has not laws at Hanford. Indeed, we are stream- (1) provide products and services origi- worked. Paper-shuffling bureaucrats in lining the process. Under this amend- nating from communities within 75 miles of Washington, DC try to manage, direct, ment, Washington State becomes the the facility; (2) avert, to the maximum extent prac- and understand paper shuffling bureau- sole regulator at Hanford—a job it is ticable, the dismissal of employees employed crats in Richland. Part of this is sim- prepared, and capable, to do. We have by the Department or a private contractor at ply fear: Third party lawsuits, dis- worked closely with the Governor and the facility, and protect, to the maximum proportional stakeholder influence, attorney generals’ offices to ensure the extent possible, the continuity of service and and uncertainty over DOE’s future has conditions under which Washington benefits of such employees; driven management into circular un- will accept these new responsibilities. (3) hire residents living in the vicinity of certainty. If Richland can’t do it, DC Currently, three regulators govern site the facility, especially residents who have will—if DC is not to blame, then the cleanup at Hanford: EPA, DOE, and previously been employed by the Department or its contractors at the facility, to perform field staff is at fault. Accountability Washington State. EPA, for example, the contract; and seems to be lost and cleanup ulti- has only 8 employees at Hanford. A (4) invest in value-added activities in the mately is left in a vapid holding pat- surprising statistic, yet its influence is vicinity of the facility to mitigate adverse tern. disproportional to the role it plays.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10838 CONGRESSIONAL RECORD — SENATE July 27, 1995 The added presence of another regu- Washington State continue to have a ‘‘1. (a)(1) No Member, officer, or employee lator, however, forces DOE to follow voice in Hanford cleanup and restora- of the Senate shall knowingly accept a gift many of the same regulations and proc- tion. except in conformance with this rule. esses Washington State already re- Anther important aspect of this ‘‘(2) A Member, officer, or employee may quires. One regulator simplifies the amendment is its emphasis on the adja- accept a gift (other than cash or cash equiva- oversight role, and arguably increases cent community and its stability. The lent) which the Member, officer, or employee reasonably and in good faith believes to have safety, saves money, and assures com- people of the Tri-Cities have worked a value of less than $20, and a cumulative pliance. hard to help America win the cold war. value from one source during a calendar year PRIVATIZATION They have sacrificed their environment of less than $50. No formal recordkeeping is As I have said many times in the and given of their working lives. This required by this paragraph, but a Member, past, engaging private sector know- amendment encourages new companies officer, or employee shall make a good faith how will make for better, cheaper, to provide a continuity of benefits and effort to comply with this paragraph. quicker cleanup. He have included the preferential hiring to former site em- ‘‘(b)(1) For the purpose of this rule, the major portions of the privatization bill ployees. It urges private contracts to term ‘gift’ means any gratuity, favor, dis- I sponsored with Congressman be let to companies based in the area. count, entertainment, hospitality, loan, for- bearance, or other item having monetary HASTINGS. Privatization is not the only It also encourages greater privatiza- value. The term includes gifts of services, solution for Hanford’s problems, as the tion and commercialization of new training, transportation, lodging, and meals, rest of this amendment demonstrates. technologies in order to attract new whether provided in kind, by purchase of a it is, however, a significant portion of businesses to the area—and then keep ticket, payment in advance, or reimburse- how we are going to expedite fast those companies there after cleanup is ment after the expense has been incurred. cleanup for lower cost. There have been completed. ‘‘(2)(A) A gift to the spouse or dependent of numerous statements of general sup- The amendment contains several a Member, officer, or employee (or a gift to port for privatization—this amendment other concepts I would like to empha- any other individual based on that individ- codifies those abstract thoughts into size. It streamline decisionmaking by ual’s relationship with the Member, officer, concrete legislation. Provided it thinks giving a presidentially-appointed site or employee) shall be considered a gift to the clearly before it acts, DOE will truly manager significantly more authority Member, officer, or employee if it is given benefit from the enhanced privatiza- with the knowledge and acquiescence of the to make decisions, transfer money, ne- Member, officer, or employee and the Mem- tion tools it receives under the provi- gotiate contracts, waive duplicative ber, officer, or employee has reason to be- sions of this Act. regulations, manage personnel, and se- lieve the gift was given because of the offi- Mrs. MURRAY. Madam President, lect cleanup remedies. The amendment cial position of the Member, officer, or em- today I am pleased to submit a sub- also establishes a land use council to ployee. stitute amendment with my col- help define cleanup objectives and ‘‘(B) If food or refreshment is provided at leagues, Senators GORTON, HATFIELD, standards for areas on the Superfund the same time and place to both a Member, and PACKWOOD, that I believe will dra- national priorities list. Finally, it officer, or employee and the spouse or de- matically improve the way business is urges a stable level of funding for pendent thereof, only the food or refresh- done at the Hanford Reservation in cleanup to allow long-term planning. ment provided to the Member, officer, or em- Washington State. ployee shall be treated as a gift for purposes I want to conclude by saying that of this rule. Hanford is the biggest, most toxic de- this truly is a bipartisan amendment. ‘‘(c) The restrictions in subparagraph (a) fense nuclear facility in the United We elected officials, Democrats and Re- States. Its recent annual budgets have shall not apply to the following: publicans representing both State and ‘‘(1) Anything for which the Member, offi- cost American taxpayers almost $2 bil- Federal Government, put our energy cer, or employee pays the market value, or lion per year. Hanford is home to 80 together to find solutions to the prob- does not use and promptly returns to the percent of this Nation’s spent pluto- lems facing Hanford. We worked long donor. nium. Its radioactive and other toxic and hard and none of us got everything ‘‘(2) A contribution, as defined in the Fed- materials are being stored in dangerous we wanted. Had I been the sole author eral Election Campaign Act of 1971 (2 U.S.C. conditions and/or are already seeping of this amendment, it would have been 431 et seq.) that is lawfully made under that Act, or attendance at a fundraising event into the ground water, toward the Co- a different bill. However, I strongly lumbia River. In other words, Hanford sponsored by a political organization de- support most of this amendment and scribed in section 527(e) of the Internal Rev- is a costly mess. believe it will hasten cleanup and ben- enue Code of 1986. Earlier this year, Senators JOHNSTON efit the people we represent—and the ‘‘(3) A gift from a relative as described in and MURKOWSKI introduced their vision people who elected us and this Nation’s section 107(2) of title I of the Ethics in Gov- of how to improve cleanup at Hanford. taxpayers. I look forward to continuing ernment Act of 1978 (Public Law 95–521). In S. 871, which this amends, they sug- to work with my colleagues in the Sen- ‘‘(4)(A) Anything provided by an individual on the basis of a personal friendship unless gest abandoning the environmental ate and with Representatives HASTINGS agreement between the Federal Gov- the Member, officer, or employee has reason and DICKS, Governor Lowry, and Attor- to believe that, under the circumstances, the ernment and the State of Washington ney General Gregoire to push this and allowing the Department of Energy gift was provided because of the official posi- amendment and make it the law. tion of the Member, officer, or employee and to establish its own cleanup agenda f not because of the personal friendship. and environmental standards. We can- ‘‘(B) In determining whether a gift is pro- not support that approach because we THE CONGRESSIONAL GIFT vided on the basis of personal friendship, the believe the people of the region must REFORM ACT OF 1995 Member, officer, or employee shall consider have a say in the way cleanup is con- the circumstances under which the gift was ducted. The people of the Tri-Cities offered such as: proudly built Hanford; they deserve a MCCAIN (AND OTHERS) ‘‘(i) The history of the relationship be- role in restoring Hanford. AMENDMENT NO. 1872 tween the individual giving the gift and the So, we take a different approach and recipient of the gift, including any previous Mr. MCCAIN (for himself, Mr. LEVIN, exchange of gifts between such individuals. offer a comprehensive bill addressing Mr. COHEN, Mr. WELLSTONE, Mr. FEIN- ‘‘(ii) Whether to the actual knowledge of many issue impacting the cost and GOLD, Mr. LAUTENBERG, Mr. KYL, Mr. the Member, officer, or employee the indi- speed of cleanup at Hanford. The most MCCONNELL, Mr. GRAMS, Mr. BURNS, vidual who gave the gift personally paid for fundamental and sweeping concept of Mr. ABRAHAM, Mr. WARNER, and Mr. the gift or sought a tax deduction or busi- the bill is its emphasis on increasing HARKIN) proposed an amendment to the ness reimbursement for the gift. the role of the State in regulating bill (S. 1061) to provide for congres- ‘‘(iii) Whether to the actual knowledge of cleanup. We create a single regulator sional gift reform; as follows: the Member, officer, or employee the indi- primarily applying a single law: The vidual who gave the gift also at the same Strike all after the enacting clause and in- time gave the same or similar gifts to other State assumes jurisdiction of CERCLA, sert the following: Members, officers, or employees. or Superfund. The amendment also re- SECTION 1. AMENDMENTS TO SENATE RULES. ‘‘(5) A contribution or other payment to a affirms the Tri-Party Agreement, en- Rule XXXV of the Standing Rules of the legal expense fund established for the benefit suring the people of the Tri-Cities and Senate is amended to read as follows: of a Member, officer, or employee, that is

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10839 otherwise lawfully made, subject to the dis- and similar opportunities are available to ‘‘2. (a)(1) A reimbursement (including pay- closure requirements of Select Committee on large segments of the public through organi- ment in kind) to a Member, officer, or em- Ethics, except as provided in paragraph 3(c). zations of similar size; ployee from an individual other than a reg- ‘‘(6) Any gift from another Member, officer, ‘‘(D) offered to any group or class that is istered lobbyist or agent of a foreign prin- or employee of the Senate or the House of not defined in a manner that specifically dis- cipal for necessary transportation, lodging Representatives. criminates among Government employees on and related expenses for travel to a meeting, ‘‘(7) Food, refreshments, lodging, and other the basis of branch of Government or type of speaking engagement, factfinding trip or benefits— responsibility, or on a basis that favors those similar event in connection with the duties ‘‘(A) resulting from the outside business or of higher rank or rate of pay; of the Member, officer, or employee as an of- employment activities (or other outside ac- ‘‘(E) in the form of loans from banks and ficeholder shall be deemed to be a reimburse- tivities that are not connected to the duties other financial institutions on terms gen- ment to the Senate and not a gift prohibited of the Member, officer, or employee as an of- erally available to the public; or by this rule, if the Member, officer, or em- ficeholder) of the Member, officer, or em- ‘‘(F) in the form of reduced membership or ployee— ployee, or the spouse of the Member, officer, other fees for participation in organization ‘‘(A) in the case of an employee, receives or employee, if such benefits have not been activities offered to all Government employ- advance authorization, from the Member or offered or enhanced because of the official ees by professional organizations if the only officer under whose direct supervision the position of the Member, officer, or employee restrictions on membership relate to profes- employee works, to accept reimbursement, and are customarily provided to others in sional qualifications. and similar circumstances; ‘‘(20) A plaque, trophy, or other item that ‘‘(B) discloses the expenses reimbursed or ‘‘(B) customarily provided by a prospective is substantially commemorative in nature to be reimbursed and the authorization to employer in connection with bona fide em- and which is intended solely for presen- the Secretary of the Senate within 30 days ployment discussions; or tation. after the travel is completed. ‘‘(C) provided by a political organization ‘‘(21) Anything for which, in an unusual ‘‘(2) For purposes of clause (1), events, the described in section 527(e) of the Internal case, a waiver is granted by the Select Com- activities of which are substantially rec- Revenue Code of 1986 in connection with a mittee on Ethics. reational in nature, shall not be considered fundraising or campaign event sponsored by ‘‘(22) Food or refreshments of a nominal to be in connection with the duties of a such an organization. value offered other than as a part of a meal. Member, officer, or employee as an office- ‘‘(8) Pension and other benefits resulting ‘‘(23) an item of little intrinsic value such holder. from continued participation in an employee as a greeting card, baseball cap, or a T-shirt. ‘‘(b) Each advance authorization to accept welfare and benefits plan maintained by a ‘‘(d)(1) A Member, officer, or employee may reimbursement shall be signed by the Mem- former employer. accept an offer of free attendance at a widely ber or officer under whose direct supervision ‘‘(9) Informational materials that are sent attended convention, conference, sympo- the employee works and shall include— to the office of the Member, officer, or em- sium, forum, panel discussion, dinner, view- ‘‘(1) the name of the employee; ployee in the form of books, articles, periodi- ing, reception, or similar event, provided by ‘‘(2) the name of the person who will make cals, other written materials, audiotapes, the sponsor of the event, if— the reimbursement; videotapes, or other forms of communica- ‘‘(A) the Member, officer, or employee par- ‘‘(3) the time, place, and purpose of the tion. ticipates in the event as a speaker or a panel travel; and ‘‘(10) Awards or prizes which are given to participant, by presenting information re- ‘‘(4) a determination that the travel is in competitors in contests or events open to the lated to Congress or matters before Con- connection with the duties of the employee public, including random drawings. gress, or by performing a ceremonial func- as an officeholder and would not create the ‘‘(11) Honorary degrees (and associated tion appropriate to the Member’s, officer’s, appearance that the employee is using public travel, food, refreshments, and entertain- or employee’s official position; or office for private gain. ment) and other bona fide, nonmonetary ‘‘(B) attendance at the event is appropriate ‘‘(c) Each disclosure made under subpara- awards presented in recognition of public to the performance of the official duties or graph (a)(1) of expenses reimbursed or to be service (and associated food, refreshments, representative function of the Member, offi- reimbursed shall be signed by the Member or and entertainment provided in the presen- cer, or employee. officer (in the case of travel by that Member tation of such degrees and awards). ‘‘(2) A Member, officer, or employee who or officer) or by the Member or officer under ‘‘(12) Donations of products from the State attends an event described in clause (1) may whose direct supervision the employee works that the Member represents that are in- accept a sponsor’s unsolicited offer of free (in the case of travel by an employee) and tended primarily for promotional purposes, attendance at the event for an accompanying shall include— such as display or free distribution, and are individual if others in attendance will gen- ‘‘(1) a good faith estimate of total trans- of minimal value to any individual recipient. erally be similarly accompanied or if such portation expenses reimbursed or to be reim- ‘‘(13) Training (including food and refresh- attendance is appropriate to assist in the bursed; ments furnished to all attendees as an inte- representation of the Senate. ‘‘(2) a good faith estimate of total lodging gral part of the training) provided to a Mem- ‘‘(3) A Member, officer, or employee, or the expenses reimbursed or to be reimbursed; ber, officer, or employee, if such training is spouse or dependent thereof, may accept a ‘‘(3) a good faith estimate of total meal ex- in the interest of the Senate. sponsor’s unsolicited offer of free attendance penses reimbursed or to be reimbursed; ‘‘(14) Bequests, inheritances, and other at a charity event, except that reimburse- ‘‘(4) a good faith estimate of the total of transfers at death. ment for transportation and lodging may not other expenses reimbursed or to be reim- ‘‘(15) Any item, the receipt of which is au- be accepted in connection with an event that bursed; thorized by the Foreign Gifts and Decora- does not meet the standards provided in ‘‘(5) a determination that all such expenses tions Act, the Mutual Educational and Cul- paragraph 2. are necessary transportation, lodging, and tural Exchange Act, or any other statute. ‘‘(4) For purposes of this paragraph, the related expenses as defined in this para- ‘‘(16) Anything which is paid for by the term ‘free attendance’ may include waiver of graph; and Federal Government, by a State or local gov- all or part of a conference or other fee, the ‘‘(6) in the case of a reimbursement to a ernment, or secured by the Government provision of local transportation, or the pro- Member or officer, a determination that the under a Government contract. vision of food, refreshments, entertainment, travel was in connection with the duties of ‘‘(17) A gift of personal hospitality (as de- and instructional materials furnished to all the Member or officer as an officeholder and fined in section 109(14) of the Ethics in Gov- attendees as an integral part of the event. would not create the appearance that the ernment Act) of an individual other than a The term does not include entertainment Member or officer is using public office for registered lobbyist or agent of a foreign prin- collateral to the event, nor does it include private gain. cipal. food or refreshments taken other than in a ‘‘(d) For the purposes of this paragraph, ‘‘(18) Free attendance at a widely attended group setting with all or substantially all the term ‘necessary transportation, lodging, event permitted pursuant to subparagraph other attendees. and related expenses’— (d). ‘‘(e) No Member, officer, or employee may ‘‘(1) includes reasonable expenses that are ‘‘(19) Opportunities and benefits which accept a gift the value of which exceeds $250 necessary for travel for a period not exceed- are— on the basis of the personal friendship excep- ing 3 days exclusive of travel time within the ‘‘(A) available to the public or to a class tion in subparagraph (c)(4) unless the Select United States or 7 days exclusive of travel consisting of all Federal employees, whether Committee on Ethics issues a written deter- time outside of the United States unless ap- or not restricted on the basis of geographic mination that such exception applies. No de- proved in advance by the Select Committee consideration; termination under this subparagraph is re- on Ethics; ‘‘(B) offered to members of a group or class quired for gifts given on the basis of the fam- ‘‘(2) is limited to reasonable expenditures in which membership is unrelated to con- ily relationship exception. for transportation, lodging, conference fees gressional employment; ‘‘(f) When it is not practicable to return a and materials, and food and refreshments, ‘‘(C) offered to members of an organization, tangible item because it is perishable, the including reimbursement for necessary such as an employees’ association or con- item may, at the discretion of the recipient, transportation, whether or not such trans- gressional credit union, in which member- be given to an appropriate charity or de- portation occurs within the periods described ship is related to congressional employment stroyed. in clause (1);

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10840 CONGRESSIONAL RECORD — SENATE July 27, 1995 ‘‘(3) does not include expenditures for rec- Committee on Ethics. The Select Committee proposed by Mr. MCCAIN to the bill S. reational activities, nor does it include en- on Ethics is authorized to issue guidance on 1061, supra; as follows: tertainment other than that provided to all any matter contained in this rule.’’. At the appropriate place, insert the fol- attendees as an integral part of the event, SEC. 2. EFFECTIVE DATE. lowing: except for activities or entertainment other- This resolution and the amendment made wise permissible under this rule; and by this resolution shall take effect on Janu- SEC. . TRAVEL AND LODGING TO CHARITABLE ‘‘(4) may include travel expenses incurred ary 1, 1996. EVENTS. on behalf of either the spouse or a child of Notwithstanding any provision of the Rule, The term ‘‘gift’’ does not include permissible the Member, officer, or employee, subject to BROWN AMENDMENT NO. 1873 a determination signed by the Member or of- travel, lodging, and meals at an event to ficer (or in the case of an employee, the Mr. BROWN proposed an amendment raise funds for a bona fide charity, subject to Member or officer under whose direct super- to amendment No. 1872 proposed by Mr. a determination by the Select Committee on Ethics that participation in the charitable vision the employee works) that the attend- MCCAIN to the bill S. 1061, supra; as fol- ance of the spouse or child is appropriate to event is in the interest of the Senate and the lows: United States. assist in the representation of the Senate. At the appropriate place in the amend- ‘‘(e) The Secretary of the Senate shall ment, insert the following: make available to the public all advance au- SEC. . ADDITIONAL DISCLOSURE IN THE SEN- LOTT (AND BREAUX) AMENDMENT thorizations and disclosures of reimburse- ATE OF THE VALUE OF CERTAIN AS- NO. 1875 ment filed pursuant to subparagraph (a) as SETS UNDER THE ETHICS IN GOV- soon as possible after they are received. ERNMENT ACT OF 1978. Mr. LOTT (for himself and Mr. ‘‘3. A gift prohibited by paragraph 1(a) in- (a) CATEGORIES OF INCOME.—Rule XXXIV of BREAUX) proposed an amendment to cludes the following: the Standing Rules of the Senate is amended amendment No. 1872 proposed by Mr. ‘‘(a) Anything provided by a registered lob- by adding at the end the following new para- MCCAIN to the bill S. 1061, supra; as fol- byist or an agent of a foreign principal to an graph: lows: entity that is maintained or controlled by a ‘‘3. In addition to the requirements of para- Member, officer, or employee. graph 1, Members, officers, and employees of On page 1, strike lines 9 through 12, and on ‘‘(b) A charitable contribution (as defined the Senate shall include in each report filed page 2, strike lines 1 through 4; and, insert in section 170(c) of the Internal Revenue under paragraph 2 the following additional the following: Code of 1986) made by a registered lobbyist or information: ‘‘(2) No Member, officer, or employee of the an agent of a foreign principal on the basis of ‘‘(a) For purposes of section 102(a)(1)(B) of Senate, shall knowingly accept, directly or a designation, recommendation, or other the Ethics in Government Act of 1978 addi- indirectly, any gifts in any calendar year ag- specification of a Member, officer, or em- tional categories of income as follows: gregating more than $100 or more from any ployee (not including a mass mailing or ‘‘(1) greater than $1,000,000 but not more person, entity, organization, or corporation other solicitation directed to a broad cat- than $5,000,000, or unless, in limited and appropriate cir- ‘‘(2) greater than $5,000,000. egory of persons or entities), other than a cumstances, a waiver is granted by the Se- ‘‘(b) For purposes of section 102(d)(1) of the lect Committee on Ethics. The prohibitions charitable contribution permitted by para- Ethics in Government Act of 1978 additional graph 4. of this paragraph do not apply to gifts with categories of income as follows: a value of less than $50.’’ ‘‘(c) A contribution or other payment by a ‘‘(1) greater than $1,000,000 but not more registered lobbyist or an agent of a foreign than $5,000,000; principal to a legal expense fund established ‘‘(2) greater than $5,000,000 but not more STEVENS AMENDMENT NO. 1876 for the benefit of a Member, officer, or em- than $25,000,000; ployee. ‘‘(3) greater than $25,000,000 but not more Mr. STEVENS proposed an amend- ‘‘(d) A financial contribution or expendi- than $50,000,000; and ment to amendment No. 1872 proposed ture made by a registered lobbyist or an ‘‘(4) greater than $50,000,000. by Mr. MCCAIN to the bill S. 1061, agent of a foreign principal relating to a con- ‘‘(c) For purposes of this paragraph and supra; as follows: section 102 of the Ethics in Government Act ference, retreat, or similar event, sponsored On page 2 of the amendment, strike lines 12 of 1978, additional categories with amounts by or affiliated with an official congressional through 20 and insert in lieu thereof the fol- or values greater than $1,000,000 set forth in organization, for or on behalf of Members, of- lowing: section 102(a)(1)(B) and 102(d)(1) shall apply ficers, or employees. ‘‘(2)(A) A gift to a family member of a to the income, assets, or liabilities of ‘‘4. (a) A charitable contribution (as de- Member, officer, or employee, or a gift to spouses and dependent children only if the fined in section 170(c) of the Internal Rev- any other individual based on that individ- income, assets, or liabilities are held jointly enue Code of 1986) made by a registered lob- ual’s relationship with the Member, officer, with the reporting individual. All other in- byist or an agent of a foreign principal in or employee, shall be considered a gift to the come, assets, or liabilities of the spouse or lieu of an honorarium to a Member, officer, Member, officer, or employee if it is given dependent children required to be reported or employee shall not be considered a gift with the knowledge and acquiescence of the under section 102 and this paragraph in an under this rule if it is reported as provided in Member, officer, or employee and the Mem- amount or value greater than $1,000,000 shall subparagraph (b). ber, officer, or employee has reason to be- be categorized only as an amount or value ‘‘(b) A Member, officer, or employee who lieve the gift was given because of the offi- designates or recommends a contribution to greater than $1,000,000.’’. (b) Blind Trust Assets.— cial position of the Member, officer, or em- a charitable organization in lieu of honoraria ployee.’’ described in subparagraph (a) shall report (1) IN GENERAL.—Rule XXXIV of the Stand- within 30 days after such designation or rec- ing Rules of the Senate is further amended ommendation to the Secretary of the Sen- by adding at the end the following new para- FORD AMENDMENT NO. 1877 graph: ate— Mr. FORD proposed an amendment to ‘‘(1) the name and address of the registered ‘‘4. In addition to the requirements of para- lobbyist who is making the contribution in graph 1, Members, officers, and employees of amendment No. 1872 proposed by Mr. lieu of honoraria; the Senate shall include in each report filed MCCAIN to the bill S. 1061, supra; as fol- ‘‘(2) the date and amount of the contribu- under paragraph 2 an additional statement lows: under section 102(a) of the Ethics in Govern- tion; and On page 16 of the McCain substitute on line ment Act of 1978 listing the category of the ‘‘(3) the name and address of the charitable 25, insert after ‘‘shall take effect on’’ the fol- total cash value of any interest of the re- organization designated or recommended by lowing: ‘‘and be effective for calendar years porting individual in a qualified blind trust the Member. beginning on’’. as provided in section 102(d)(1) of the Ethics The Secretary of the Senate shall make pub- in Government Act of 1978, unless the trust f lic information received pursuant to this instrument was executed prior to July 24, subparagraph as soon as possible after it is 1995 and precludes the beneficiary from re- NOTICES OF HEARINGS received. ceiving information on the total cash value COMMITTEE ON INDIAN AFFAIRS ‘‘5. For purposes of this rule— of any interest in the qualified blind trust.’’. ‘‘(a) the term ‘registered lobbyist’ means a (2) EFFECTIVE DATE.—The amendment Mr. MCCAIN. Mr. President, I would lobbyist registered under the Federal Regu- made by this subsection shall apply with re- like to announce that the Senate Com- lation of Lobbying Act or any successor stat- spect to reports filed under title I of the Eth- mittee on Indian Affairs will be holding ute; and ics in Government Act of 1978 for calendar an oversight hearing on Wednesday Au- ‘‘(b) the term ‘agent of a foreign principal’ year 1996 and thereafter. gust 2, 1995, beginning at 9:30 a.m., in means an agent of a foreign principal reg- room 485 of the Russell Senate Office istered under the Foreign Agents Registra- MURKOWSKI AMENDMENT NO. 1874 tion Act. Building on the implementation of ‘‘6. All the provisions of this rule shall be Mr. MURKOWSKI proposed an Public Law 103–176, the Indian Tribal interpreted and enforced solely by the Select amendment to amendment No. 1872 Justice Act.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10841 Those wishing additional information ADDITIONAL STATEMENTS LEGISLATING PRAYER IN should contact the Committee on In- SCHOOLS TRIVIALIZES WHAT dian Affairs at 224–2251. PRAYER IS ABOUT NOTICE OF INTENTION TO AMEND ∑ Mr. SIMON. Mr. President, Dr. Paul f SENATE RULE 34 Jersild is a professor of theology and ∑ Mr. BROWN. Mr. President, I submit ethics at Lutheran Theological South- AUTHORITY FOR COMMITTEES TO the following notice in writing: ern Seminary in Columbia, SC. MEET ‘‘In accordance with rule V of the Recently, I had a chance to read a Standing Rules of the Senate, I hereby column he wrote for the Columbia COMMITTEE ON COMMERCE, SCIENCE, AND give notice in writing that it is my in- newspaper, the State, on the issue of TRANSPORTATION tention to move to amend Senate Rule prayer in the schools. Mr. DOLE. Mr. President, I ask unan- 34.’’ At a time when there is much polit- imous consent that the Committee on I ask that the amendment be printed ical malarkey being spread about this Commerce, Science, and Transpor- in the RECORD. issue and a lot of concerned people on tation be allowed to meet during the The amendment follows: both sides, I think it is worthwhile to Thursday, July 27, 1995 session of the At the appropriate place, insert the fol- listen to a voice of reason. Senate for the purpose of conducting a lowing: I have known Paul Jersild for many hearing on spectrum reform. SEC. . ADDITIONAL DISCLOSURE IN THE SEN- years and trust his instinct and good The PRESIDING OFFICER. Without ATE OF THE VALUE OF CERTAIN AS- judgment. SETS UNDER THE ETHICS IN GOV- I ask that his column be printed in objection, it is so ordered. ERNMENT ACT OF 1978. the RECORD. COMMITTEE ON ENERGY AND NATURAL (a) CATEGORIES OF INCOME.—Rule XXXIV of The column follows: RESOURCES the Standing Rules of the Senate is amended by adding at the end the following new para- [From the Columbia (SC) State, June 2, 1995] Mr. DOLE. Mr. President, I ask unan- graph: LEGISLATING PRAYER IN SCHOOLS TRIVIALIZES imous consent that the Committee on ‘‘3. In addition to the requirements of para- WHAT PRAYER IS ABOUT Energy and Natural Resources be graph 1, Members, officers, and employees of [By Paul Jersild) granted permission to meet during the the Senate shall include in each report filed South Carolinians—and the South in gen- session of the Senate on Thursday, under paragraph 2 the following additional eral—tend to be ‘‘more religious’’ than the July 27, 1995, for purpose of conducting information: rest of the nation. What that means can be a full committee hearing which is ‘‘(a) For purposes of section 102(a)(1)(B) of debated, but one thing is clear enough: Resi- scheduled to begin at 9:30 a.m. The pur- the Ethics in Government Act of 1978 addi- dents of this state are more likely to support tional categories of income as follows: a constitutional amendment which would le- pose of this hearing is to consider the ‘‘(1) greater than $1,000,000 but not more nomination of John Garamendi to be galize prayer in the public schools. than $5,000,000, or What is it, exactly, that we would accom- Deputy Secretary of the Interior. ‘‘(2) greater than $5,000,000. plish by such an amendment? The PRESIDING OFFICER. Without ‘‘(b) For purposes of section 102(d)(1) of the The recent debate on NBC’s ‘‘Meet the objection, it is so ordered. Ethics in Government Act of 1978 additional Press’’ between Ralph Reed, executive direc- categories of income as follows: tor of the Christian Coalition, and White COMMITTEE ON FINANCE ‘‘(1) greater than $1,000,000 but not more House adviser George Stephanopoulos Mr. DOLE. Mr. President, I ask unan- than $5,000,000; brought out an important point in answering imous consent that the Finance Com- ‘‘(2) greater than $5,000,000 but not more this question. Stephanopoulous noted that than $25,000,000; under present law, students can pray before mittee be permitted to meet on Thurs- ‘‘(3) greater than $25,000,000 but not more day, July 27, 1995 beginning at 9:30 a.m. meals in school, express their religious views than $50,000,000; and in classroom discussions or even gather at in room SD-215, to conduct a hearing ‘‘(4) greater than $50,000,000. the flagpole before school begins to start off on the Medicaid Distribution formula. ‘‘(c) For purposes of this paragraph and the day with a prayer. The PRESIDING OFFICER. Without section 102 of the Ethics in Government Act It is the advocacy of religion on the part of objection, it is so ordered. of 1978, additional categories with amounts government that is at issue here. No one de- or values greater than $1,000,000 set forth in nies that students can pray, and, in that COMMITTEE ON GOVERNMENTAL AFFAIRS section 102(a)(1)(B) and 102(d)(1) shall apply sense, prayer is not the real issue. What Mr. Mr. DOLE. Mr. President, I ask unan- to the income, assets, or liabilities of Reed argued is that an amendment is needed spouses and dependent children only if the imous consent on behalf of the Govern- in order to reverse what he sees as a climate income, assets, or liabilities are held jointly of hostility toward expressions of religious mental Affairs Committee to meet on with the reporting individual. All other in- faith in public life. The question in my Thursday, July 27 at 9:30 a.m. for a come, assets, or liabilities of the spouse or mind—and it is shared by many Christians— hearing on S. 929, the Department of dependent children required to be reported is whether an amendment is the appropriate Commerce Dismantling Act. under section 102 and this paragraph in an solution to the kind of problem posed by Mr. The PRESIDING OFFICER. Without amount or value greater than $1,000,000 shall Reed. be categorized only as an amount or value objection, it is so ordered. Here I see a disturbing aspect to religion in greater than $1,000,000.’’. the South. Baptists make up the vast major- COMMITTEE ON THE JUDICIARY (b) BLIND TRUST ASSETS.— ity of church members in this region, and (1) IN GENERAL.—Rule XXXIV of the Stand- Mr. DOLE. Mr. President, I ask unan- they represent one of the most revered and ing Rules of the Senate is further amended important traditions in American religious imous consent that the committee on by adding at the end the following new para- and political history. From their beginnings, the Judiciary be authorized to hold a graph: Baptists have been known for their vigorous business meeting during the session of ‘‘4. In addition to the requirements of para- advocacy of separation of church and state the Senate on Thursday, July 27, 1995 graph 1, Members, officers, and employees of in order to assure their own freedom and at 9:30 a.m. the Senate shall include in each report filed that of others to practice the religion of The PRESIDING OFFICER. Without under paragraph 2 an additional statement their choice. under section 102(a) of the Ethics in Govern- But now, with their majority status in the objection, it is so ordered. ment Act of 1978 listing the category of the South, Baptists seem to have forgotten this COMMITTEE ON THE JUDICIARY total cash value of any interest of the re- honored tradition. Many of them have be- porting individual in a qualified blind trust come more concerned with politically en- Mr. DOLE. Mr. President, I ask unan- as provided in section 102(d)(1) of the Ethics forcing a religious practice which they re- imous consent that the Committee on in Government Act of 1978, unless the trust gard as essential to maintaining their the Judiciary be authorized to meet instrument was executed prior to July 24, version of civic religion. Concern for minor- during the session of the Senate on 1995 and precludes the beneficiary from re- ity religious groups and non-believers has Thursday, July 27, 1995, at 10:00 p.m. to ceiving information on the total cash value disappeared as they insist on the ‘‘rights’’ of hold a hearing on ‘‘Prison Reform: En- of any interest in the qualified blind trust.’’. the majority. hancing the Effectiveness of Incarcer- (2) EFFECTIVE DATE.—The amendment The irony of this situation is obvious, for ation’’ made by this subsection shall apply with re- it is largely their own notable history that spect to reports filed under title I of the Eth- has taught us to beware of majoritarian at- The PRESIDING OFFICER. Without ics in Government Act of 1978 for calendar tempts to enforce religious views and prac- objection, it is so ordered. year 1996 and thereafter.∑ tices on the rest of the population.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10842 CONGRESSIONAL RECORD — SENATE July 27, 1995 This whole development carries an impor- cent military success, they have more A TOOL FOR A COLORBLIND tant lesson concerning the vagaries and pit- to gain by fighting than by negotiating AMERICA falls of trying to politically shape the prac- a peace settlement. The Bosnian Serbs ∑ tice of religion. Mr. SIMON. Mr. President, there is a There is, indeed, a proper role for religious already have control of 70 percent of great deal of nonsense in the political ceremony in the public realm, and separa- Bosnia-Herzegovina due in large part oratory on affirmative action. Like tion of church and state should not be under- to a near monopoly of heavy weapons. policies on education, religion or any stood as the elimination of all religious ex- This situation in Bosnia, particularly other good thing, it can be abused. pression in public life. But when prayer is But fundamentally, it will make the ‘‘dual key’’ approach has eroded used as a political weapon to counteract America a better place. It has made what is perceived as a hostile environment, United States credibility and under- America a better place and is making it is being grossly misused. Passing a law mined NATO cohesion while contrib- America a better place. does not create a community of faith where, uting to the decline of the effectiveness We still have a long way to go before alone, prayer is both vital and necessary. En- of the U.N. peacekeepers. Mr. Presi- forcing prayer in the classroom (or a silent we are a nation without prejudices and moment for prayer) turns it into a symbolic dent, this is not a partisan issue, I am without the discrimination that comes act for the sake of a political purpose, which not blaming the Clinton administra- from prejudices. destroys or, at least, trivializes what prayer tion, many of the problems with our Chancellor Chang-Lin Tien of the is about. policy in Bosnia began with the pre- University of California-Berkeley had Since Christians disagree among them- vious administration. This is a moral an op-ed piece in the Los Angeles selves about the wisdom of a prayer amend- issue. The U.N. peacekeepers have not Times that I think provides a needed ment, it should be clear that this is not an balance. issue of the church against the state or the been able to achieve their mission. They are no longer capable of deliv- I urge my colleagues to read it. rest of society. It is an ideological battle At this point, I ask that the op-ed being waged by certain Christians who want ering humanitarian supplies to the en- to implement their particular vision of a piece be printed in the RECORD. claves, they are no longer capable of The material follows: ‘‘Christian’’ society. If we can actually legis- protecting the safe havens, and judging ∑ [From the Lost Angeles Times, July 18, 1995] late that goal, it is not worth achieving. by the ease with which the peace- f A TOOL FOR A COLORBLIND AMERICA keepers have been killed and taken (By Chang-Lin Tien) BOSNIA AND HERZEGOVINA SELF- hostage, they are no longer capable of As an Asian American, I have endured my DEFENSE ACT protecting themselves. Mr. President, share of affirmative action ‘‘jokes.’’ Even ∑ Mr. SANTORUM. Mr. President, 2 this is not the fault of the troops in when I became chancellor of UC Berkeley, I days ago in Bosnia and Herzegovina, Bosnia. They were sent into a situation was not spared teasing about how affirma- the town of Zepa, the second safe haven as noncombatants though they were tive action was the reason I landed this cov- seen as combatants by Serbs. eted post at one of America’s great univer- fell to the Bosnian Serbs, lending in- sities. creasing urgency to the need to pass S. UNPROFOR went to Bosnia to protect Opponents of affirmative action use exam- 21, the Dole-Lieberman bill. Mr. Presi- civilians, but they were never given the ples like this to argue that affirmative ac- dent, the U.S. Congress has voted on mandate, the equipment, or the rules tion tars all minorities with the same brush the issue of the arms embargo many of engagement to do the job. It was un- of inferiority—whether or not we benefit di- times, but the fall of two U.N. safe ha- conscionable to inject U.N. peace- rectly. Affirmative action is not the source of the vens has dramatically highlighted this keepers into a war where there is no problem. As much as America would like to ill-fated policy as never before. The peace to keep and without adequate believe otherwise, racial discrimination re- failure of the U.N. peacekeepers to pro- means to defend themselves. The mains a fact of life. Whether we preside over tect the enclaves and themselves is United Nations and NATO have been major universities or wash dishes, people of coupled with the knowledge that the humiliated and weakened as Serb vio- color confront discrimination. In my first months as chancellor, I was en- Bosnian Government troops have been lations of U.N. resolutions were met effectively rendered useless by their couraged by friends to get coaching to elimi- with silence and empty promises. nate my accent. While a European inflection lack of heavy weaponry. As the fight- conjures up images of Oxford or the belles- ing continues to escalate in Bihac, a The arms embargo against Bosnia was adopted by the Security Council of lettres, Asian and Latino accents apparently third U.N. safe haven, it is time for the denote ignorance to the American ear. Clinton administration to abandon this the United Nations in 1991 when Yugo- Our nation is far from fulfilling the Rev. doomed policy, accept that slavia was still intact. It was requested Martin Luther King Jr.’s dream of a country UNPROFOR must be withdrawn, and and supported by the then Government where people are judged on the content of lift the arms embargo on the Bosnian of Yugoslavia in Belgrade, the their character, not the color of their skin. Milosevic government. It is a cruel King’s immortal words challenged America Government. to live up to its founding principle—that all We have been warned many times by twist of fate that the results of this men are created equal. It is an ideal all the Clinton administration that this arms embargo has hurt the very people Americans embrace. Yet it has needed rede- bill would undermine efforts to achieve who have been the victims of the war. fining as America has struggled to broaden a negotiated settlement in Bosnia and This embargo has had no effect on the its concept of democracy to include women could lead to an escalation of the con- Bosnian Serbs who have inherited the and races other than Caucasian. flict there, including the possible powerful former Yugoslav army but King’s challenge is especially relevant today as this country undergoes a phe- Americanization of the conflict. Mr. has devastated the Bosnian Moslems. nomenal demographic transformation. His President, the conflict has already es- We can no longer stand by helplessly challenge will resonate on Thursday when calated. More U.N. troops are being de- and watch as a country, recognized by the UC Board of Regents considers elimi- ployed, and as the United States and the United Nations, is promised assist- nating race and ethnicity in admissions and European leaders issue more empty ance that is too little, too late. hiring. threats, the reality is that the indeci- As an educator, I know that America’s de- siveness and ineffectiveness of the Two days ago, Bosnian Serb leaders mographic shift poses tremendous chal- West has invited the Serbs to step up Karadzic and his military chief of staff, lenges. American universities must educate more leaders from all racial and ethnic their assaults. As of this week, two Ratko Mladic, were charged with geno- cide, war crimes, and crimes against groups so they can succeed in a diverse envi- safe havens have fallen, a third is ronment. under siege, and in the past 4 days in humanity by the U.N. International How can America’s educators accomplish Sarajevo, at least 20 people have been Criminal Tribunal. Mr. President, the this? Affirmative action has been an effec- killed, while more than 100 people have world has recognized the atrocities of tive tool for diversifying our student body been wounded. The U.N. mission has this tragic situation. Let us finally act while preserving academic excellence. Yet failed and has been declared more of a to give the Bosnian Moslems the capac- its opponents argue that affirmative action ity to fight back and to defend them- runs counter to the principle of individual hindrance than a help by the Bosnian rights on which this country was founded. Prime Minister. The peace talks have selves. Let us stop punishing these Affirmative action, they believe, is based on failed because the Bosnian Serbs have helpless civilians for the error of our the ‘‘group rights’’ of racial and ethnic determined that, judging by their re- policy. groups.

VerDate Aug 31 2005 05:54 May 28, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27JY5.REC S27JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 27, 1995 CONGRESSIONAL RECORD — SENATE S10843 I agree that affirmative action is not a ity of opportunity, racial divisions will deep- RECESS UNTIL 9 A.M. TOMORROW panacea. It is a temporary measure that can en. Opportunities to dispel ingrained beliefs be eliminated when we have forged a color- about different races through interaction Mr. LOTT. Mr. President, if there is blind society. That time has not yet come. and discussion will be lost. Many promising no further business to come before the It’s painfully clear that equal opportunity is minorities will never have the opportunity Senate, I now ask unanimous consent still a dream for many Americans. to excel as academic, cultural, business and that the Senate stand in recess under Although colleges and universities cannot political leaders. the previous order. correct the nation’s inequities, we can be a Most important for me as an educator, ex- cellence in academic institutions that must There being no objection, the Senate, beacon of hope by offering an education to at 9:55 p.m., recessed until Friday, July help minority youth realize the American prepare leaders for a diverse world will be dream. jeopardized. 28, 1995, at 9 a.m. It is here where a fair, carefully crafted af- Instead of threatening the progress we firmative action process comes into play. At have made, let us address the problems that f Berkeley and many other universities, in ad- foster unequal opportunity and racial strife. Only then can we look forward to the day dition to strict academic criteria, student NOMINATIONS admissions policies take into account special when affirmative action can be eliminated circumstances that minority students have and the vision of our founders will be ful- Executive nominations received by confronted. filled—that all Americans are created ∑ the Senate July 27, 1995: Critics accuse us of bestowing special equal. DEPARTMENT OF ENERGY ‘‘group rights’’ to these minorities. They f argue that the process should be devoid of CHARLES B. CURTIS, OF MARYLAND, TO BE DEPUTY ORDERS FOR FRIDAY, JULY 28, 1995 SECRETARY OF ENERGY, VICE WILLIAM H. WHITE, RE- such group considerations and that students SIGNED. should be judged solely as individuals. Mr. LOTT. Mr. President, I ask unan- DEPARTMENT OF JUSTICE This argument, however, does not take imous consent that when the Senate into account what I call ‘‘group privileges’’— completes its business today it stand in JAMES ALLAN HURD, JR., OF THE VIRGIN ISLANDS, TO BE U.S. ATTORNEY FOR THE DISTRICT OF THE VIRGIN IS- advantages that certain groups of students recess until the hour of 9 a.m. on Fri- LANDS FOR THE TERM OF 4 YEARS, VICE JAMES W. accrue by virtue of birth, not by hard work. day, July 28, 1995, that following the DIEHM, RESIGNED. After all, the contest between white subur- prayer, the Journal of proceedings be DEPARTMENT OF STATE ban students and minority inner-city youths deemed approved to date, the time for DON LEE GEVIRTZ, OF CALIFORNIA, TO BE AMBAS- is inherently unfair. Inner-city students the two leaders be reserved for their SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF struggle to learn in dilapidated schools THE UNITED STATES OF AMERICA TO THE REPUBLIC OF where illegal drugs are easier to find then use later in the day, and the Senate FIJI, AND TO SERVE CONCURRENTLY AND WITHOUT AD- then immediately resume S. 1061, the DITIONAL COMPENSATION AS AMBASSADOR EXTRAOR- computers, while suburban students benefit DINARY AND PLENIPOTENTIARY OF THE UNITED STATES from honors classes and Internet access. gift ban rule as under the previous OF AMERICA TO THE REPUBLIC OF NAURU, AMBASSADOR Ultimately, we must rebuild America’s order. EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE KINGDOM OF public schools. Yet until America reverses The PRESIDING OFFICER. Without TONGA, AND AMBASSADOR EXTRAORDINARY AND PLENI- the precipitous decline of its schools, we objection, it is so ordered. POTENTIARY OF THE UNITED STATES OF AMERICA TO have to give special consideration to young TUVALU. SCHEDULE people who have overcome countless obsta- JOAN M. PLAISTED, OF CALIFORNIA, A CAREER MEM- Mr. LOTT. For the information of all BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- cles to achieve academically. SELOR, TO BE AMBASSADOR EXTRAORDINARY AND Diversity benefits all students. It is crit- Senators, the Senate will resume con- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA sideration of the gift ban rule tomor- TO THE REPUBLIC OF THE MARSHALL ISLANDS, AND TO ical to academic excellence. Only by giving SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- students opportunities to interact and learn row at 9 a.m. Approximately at 9:10 PENSATION AS AMBASSADOR EXTRAORDINARY AND about one another will we prepare America’s there will be two consecutive rollcall PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA leaders for success in today’s global village. votes on or in relation to the gift ban TO THE REPUBLIC OF KIRIBATI. How else can universities prepare tomor- rule. JAMES MADISON MEMORIAL FELLOWSHIP row’s teachers for working with youngsters Under the unanimous-consent agree- FOUNDATION whose families come from nations around ment reached earlier, additional roll- ELISABETH GRIFFITH, OF VIRGINIA, TO BE A MEMBER the world? How else can universities prepare call votes can be expected, and the OF THE BOARD OF TRUSTEES OF THE JAMES MADISON business leaders to succeed in the inter- MEMORIAL FELLOWSHIP FOUNDATION FOR THE REMAIN- Senate will complete action on the gift DER OF THE TERM EXPIRING SEPTEMBER 27, 1996, VICE national market? JOAN R. CHALLINOR, RESIGNED. Berkeley’s experience discredits the per- ban bill on Friday, as the leader prom- MARC R. PACHECO, OF MASSACHUSETTS, TO BE A MEM- sistent myth that affirmative action lowers ised we would do. BER OF THE BOARD OF TRUSTEES OF THE JAMES MADI- SON MEMORIAL FELLOWSHIP FOUNDATION FOR A TERM academic standards. Our fall 1994 freshman Also, Senators should be aware the EXPIRING OCTOBER 3, 2000, VICE BETTY SOUTHARD MUR- class, in which no racial group constitutes a cloture vote on the motion to proceed PHY, TERM EXPIRED. majority, is stronger academically than the LOUISE L. STEVENSON, OF PENNSYLVANIA, TO BE A to the State Department reorganiza- MEMBER OF THE BOARD OF TRUSTEES OF THE JAMES freshman class of 10 years ago. Our gradua- tion bill has been postponed until Mon- MADISON MEMORIAL FELLOWSHIP FOUNDATION FOR A tion rates have climbed steadily. Today, 74% TERM EXPIRING NOVEMBER 17, 1999, VICE A.E. DICK HOW- day, and the cloture vote on the mo- ARD, TERM EXPIRED. of our students graduate within five years. tion to proceed to the foreign assist- IN THE AIR FORCE In the mid-1950’s, when the student body was ance authorization bill has been viti- overwhelmingly white, 48% graduated within THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT five years. We have diversified while ated. TO THE GRADE OF LIEUTENANT GENERAL ON THE RE- strengthening our role as a premier univer- The majority leader also announced TIRED LIST PURSUANT TO THE PROVISIONS TO TITLE 10, UNITED STATES CODE, SECTION 1370: sity. the first rollcall vote on Monday will If America ends affirmative action before not occur until the bewitching hour of To be lieutenant general addressing the underlying causes of inequal- 6 p.m. LT. GEN. JAMES R. CLAPPER, JR., 000–00–0000

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