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

Vol. 143 WASHINGTON, TUESDAY, JUNE 3, 1997 No. 74 House of Representatives The House met at 12:30 p.m. and was been a high priority. Although Repub- publicans are being forced to address called to order by the Speaker pro tem- licans have failed to realize that 10 this issue as a result of the $16 billion pore [Mr. NETHERCUTT]. million uninsured children in this set aside for children’s health care f country is a problem that needs to be under the balanced budget resolution. addressed, I have to assure my col- Of the 10 million uninsured children, DESIGNATION OF THE SPEAKER leagues that Democrats have not let approximately 3 million are already el- PRO TEMPORE the needs of these children fall on deaf igible for Medicaid. But what we do in The SPEAKER pro tempore laid be- ears. As one of the three cochairs of our plan is provide grants to States to fore the House the following commu- the Democratic Health Care Task help local communities in developing nication from the Speaker: Force, we have held hearings and meet- outreach programs to take these 3 mil- WASHINGTON, DC, ings with child advocacy groups and lion children out of the ranks of unin- June 3, 1997. various health care providers who have sured, with maximum flexibility to em- I hereby designate the Honorable GEORGE all been very clear in expressing the ployee communities resources. So first, R. NETHERCUTT, Jr., to act as Speaker pro need for Federal involvement in this what we are doing is to try to get to tempore on this day. issue. the kids that already are eligible for , Two months ago, I and a number of Medicaid but for whatever reason are Speaker of the House of Representatives. my colleagues on the Democratic side not signed up. f sent a letter urging that the Repub- In addition, our Democratic plan will enable children to remain eligible for MORNING HOUR DEBATES lican leaders move legislation forward by Mother’s Day that would benefit the Medicaid for a full year from the time The SPEAKER pro tempore. Pursu- uninsured children. Since then, the they are determined eligible. At ant to the order of the House of Janu- GOP has really done nothing about the present, the status is evaluated many ary 21, 1997, the Chair will now recog- issue while each day more children times in a given year, oftentimes lead- nize Members from lists submitted by enter the ranks of the uninsured. ing to children having health care in- the majority and minority leaders for Just as an example, Mr. Speaker, in surance one month but not another. morning hour debates. The Chair will my home State of , over This change will offer continuity and alternate recognition between the par- 200,000 children are currently without allow parents to be more at ease with ties, with each party limited to not to health insurance, according to a very the guarantee that their child will not exceed 30 minutes, and each Member good estimate. That many children lose health care coverage from one except the majority and minority lead- should not be without health insurance month to the next. ers limited to not to exceed 5 minutes. in this Nation if we think about what The Democratic plan creates The Chair recognizes the gentleman it means nationwide. Many do not real- Medikids, which is a new matching from New Jersey [Mr. PALLONE] for 5 ize that over 90 percent of all uninsured grant program that will provide States minutes. children are in working families whose with the necessary resources to seek f employer does not offer health insur- innovative State solutions to meet the ance or who just cannot because the needs of uninsured children in working DEMOCRATS HAVE TAKEN LEAD family or the policy that the employer families. States would be eligible for ON CHILDREN’S HEALTH CARE provides, they just cannot afford to pay extra money if they expand Medicaid Mr. PALLONE. Mr. Speaker, in the the skyrocketing costs. coverage to cover pregnant women up coming days, I am hopeful that a chil- I have to say, Mr. Speaker, that to 185 percent of the poverty level and dren’s health care initiative will Democrats understand these statistics all children through the age of 18 in emerge as a result of the budget rec- and the Democratic Health Care Task families below 100 percent of the pov- onciliation process. It is my under- Force has developed a proposal to ad- erty level. Just to give an example, Mr. standing that approximately $16 billion dress the problem of uninsured kids. Speaker, my home State of New Jersey over 5 years has been set aside in the Our task force plan would strengthen already covers pregnant women up to budget to provide money to help fami- Medicaid, create a new flexible match- 185 percent of the poverty level, but lies obtain health coverage for their ing grant program for working families they only cover children up to the age children. and enact important health insurance of 13. So if they expand that to 18, they Since last year, Mr. Speaker, when reforms. And this proposal, the Demo- then will not only have an expanded the Democrats developed the Families cratic Health Care Task Force pro- Medicaid Program, but they would be First agenda, children’s health care has posal, can be considered now that Re- able to take advantage of the new

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H3215 H3216 CONGRESSIONAL RECORD — HOUSE June 3, 1997 Medikids matching grant programs to we also have to appreciate what is I want to reassure people that several expand health insurance even beyond being done and that, indeed, a number things are being done. I have directed Medicaid to a lot more working fami- of steps are already underway to deal my staff to coordinate closely with the lies. with this. West Virginia Commissioner of Agri- Under this grant program or This is not a new issue. In 1994, Fed- culture, Gus Douglas, who has already Medikids Program, States may provide eral and State officials were proactive taken the lead on this over the past assistance on a sliding scale, and they in initiating a project to monitor water few years. We are today in the field in have flexibility to determine the level quality generated in the Potomac and Hardy County and other areas talking of assistance. They could use the a number of agencies came together, with many of the parties involved. The money, the additional funds they get, along with the U.S. Geological Service first thing is to identify the full extent to pay for programs already helping and the Natural Resource Conservation of the problem and the second is to uninsured children in their State, but Service. They performed a long-term make sure that we are working in close the benefits package must be com- study and found that there were high coordination. parable to what is offered under Medic- concentrations of fecal coliform and I believe that there is a coordinated aid. What we are trying to do is to ba- fecal streptococci. effort already underway. If it is not sically get at children whose families As a result of these findings the fol- enough, it will be made enough. But I have an income between 100 and 300 lowing efforts have been initiated, and think it is significant, and I wanted percent of poverty. So we are going be- I think they are significant: people to understand that no one is yond Medicaid to working families who First of all, the Potomac Headwater taking this problem lightly in West still cannot afford health insurance for Land Treatment project. This is a very Virginia, that indeed working with the their kids but are making more than significant program initiated just a few poultry industry, working with the the poverty level. months ago in which there is a cost poultry producers, those who own the The last thing I wanted to mention, share program funded under the U.S. houses, those who are raising the poul- Mr. Speaker, is that we do have a com- Department of Agriculture’s watershed try, working with the economic devel- ponent in our Democratic proposal for program to assist poultry and livestock opment concerns and working with en- private health insurance reforms. This producers in developing a nutrient vironmentalists, we are addressing this consists of requiring insurers to offer management plan and directing them problem and indeed making every ef- group-rated children-only policies to build storage facilities. fort to make sure that the Potomac is thereby making—what we are essen- Poultry litter composting dem- safe, every part of the Potomac. tially doing, Mr. Speaker, if I could onstration project, another similar So we look forward, Mr. Speaker, to summarize it, is we are trying to say type of effort. reporting back on progress that is that, if a group policy is offered, they One area that I think has great being made. But in light of these re- have to offer kids-only insurance so promise and is already being tested ports that have been issued, I think it that parents basically can say, maybe successfully is the power digest is important that many people in this we cannot afford to buy insurance for project, a project of the West Virginia area understand that significant efforts the whole family but we can afford to Department of Agriculture, formerly are underway to deal in a very mean- buy it for kids. working with the Olin Co., now with a ingful and commonsense way with In summary, what we are doing is ex- West Virginia firm, demonstrating whatever pollution there may be, be- panding Medicaid, granting more ways to reduce the chicken litter to cause we all benefit, whether at the money to the States to go beyond Med- produce methane gas for energy and headwaters of the Potomac or at the icaid to cover more kids and making it compost. This is now ready for full- receiving end in the Chesapeake Bay, possible for people who have group in- scale application. we all benefit from cleaner waters. And surance to buy kids-only policies to We also have the pesticide collection we are dedicated to making sure that cover kids in those categories. I think program in which the Eastern Pan- happens. it will work to cover most if not all the handle and Potomac Valley Soil Con- 10 million uninsured children. servation districts are holding separate f pesticide collection days and already f JUNE 4—TIANANMEN SQUARE more than 30 tons of pesticides have MASSACRE MEMORIAL POTENTIAL POLLUTION OF been collected that is not going into POTOMAC the water system. The SPEAKER pro tempore. Under The SPEAKER pro tempore. Under The Geographic Information System the Speaker’s announced policy of Jan- the Speaker’s announced policy of Jan- administered by the NRCS and the uary 21, 1997, the gentlewoman from uary 21, 1997, the gentleman from West West Virginia Soil Conservation Agen- California [Ms. PELOSI] is recognized Virginia [Mr. WISE] is recognized dur- cy to record data on the location of during morning hour debates for 5 min- ing morning hour debates for 5 min- poultry houses and feedlots that could utes. utes. be creating problems. The riparian Ms. PELOSI. Mr. Speaker, 8 years Mr. WISE. Mr. Speaker, Sunday, resi- zone development project undertaken ago this week, the world was shocked dents of this area, the Washington, in cooperation with the U.S. Fish and as people witnessed the brutal suppres- D.C. area, found a front page Washing- Wildlife Service and Partners for Wild- sion of individual freedom and liberty ton Post article dealing with potential life Program. in Tiananmen Square, a massacre pollution problems coming down the The manure testing laboratory, very which is still not acknowledged by the Potomac from West Virginia. This fol- significant, established in Moorefield authoritarian leaders in China. The im- lowed a report a couple of weeks ago by through the cooperative efforts of the ages of that massacre were seared into a group called the American Rivers West Virginia Department of Agri- our consciousness. group. Since most of the Members in culture, the NRCS, the Soil Conserva- We have not forgotten those who lost this Chamber at some time or another tion Service and the EPA. their lives for the cause of freedom, are going to be drinking water gen- The water quality incentive program, and we must not forget those still in erated at the headwaters of the Poto- which provides incentive payments to prison who have lost their liberty in mac, namely, West Virginia, I thought farmers to improve land health by pursuit of this basic right. Indeed, who we ought to talk about it and talk changing their management methods. can forget the image of the lone man about what is being done to deal with Also the litter hotline so that farm- before the tank, portrayed here in this this concern. ers and poultry producers can receive photograph of that courageous act. I think that people ought to know assistance in how to deal with this I am proud to say that signing this that there is a commonsense solution problem. There are a number of other particular poster on this particular to these problems and, indeed, a num- efforts underway as well, including poster are the signatures of most of the ber of measures are being untaken, and adding additional staff at the new lab- leading dissidents at the time of the that no one is trying to close their eyes oratory in Moorefield to work first- democracy movement in China who to the situation, but at the same time hand on these concerns. have since escaped from China. June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3217 It is without question, Mr. Speaker, people turned out to say we will not truth and the meaning of life. This is that we expect to have a brilliant fu- forget about Tiananmen Square. So, our earnest prayer. Amen. ture for the people of China, diplomati- again, thousands of people turned out f cally, culturally, economically, and po- with posters that said ‘‘Forget litically. Tiananmen Square? Never.’’ THE JOURNAL Our problem is not with the people of Mr. Speaker, in observation of the 8- The SPEAKER. The Chair has exam- China, but with the actions of the re- year anniversary. I once again want to ined the Journal of the last day’s pro- pressive Chinese Government, a Gov- call to the attention of our colleagues ceedings and announces to the House ernment that continues to stifle dis- a book called ‘‘The Courage to Stand his approval thereof. sent, to imprison those who dare to Alone’’, written by Wei Jingsheng. Wei Pursuant to clause 1, rule I, the Jour- speak out, to worship as they please, to Jingsheng has been called the nal stands approved. organize or to disagree. Eight years Sakharov of China, and this book was f ago, the brave men and women who written in a prison cell by him. It is a PLEDGE OF ALLEGIANCE demonstrated for democracy did so in moving book by the paramount leader the spirit and the footsteps of our and symbol of the ongoing struggle for The SPEAKER pro tempore (Mr. MIL- Founding Fathers. democracy and human rights in China. LER of Florida). Will the gentleman They quoted Thomas Jefferson. They They say the most painful part of from Arizona [Mr. STUMP] come for- built a monument fashioned after our being a political prisoner, a prisoner of ward and lead the House in the Pledge Statue of Liberty. They looked to the conscience anyplace, is that your of Allegiance. United States as a beacon of hope and imprisoners tell you that nobody cares Mr. STUMP led the Pledge of Alle- of freedom. We looked and still look to about you, that nobody knows you are giance as follows: them for their courage, their idealism, in prison or cares about why you are I pledge allegiance to the Flag of the and their dedication to the establish- there. And one thing I want to make United States of America, and to the Repub- ment of basic human rights and respect certain is that those political prisoners lic for which it stands, one nation under God, for basic human rights. arrested for their peaceful demonstra- indivisible, with liberty and justice for all. Tonight in Washington, DC, there tion of their rights at the time of the f will be a demonstration outside the Tiananmen Square massacre know that DISPENSING WITH CALL OF Chinese Embassy. It will be a coming they have not been forgotten, all of PRIVATE CALENDAR together of many of the groups who them, including Wei Jingsheng, indeed have worked in solidarity, human a champion of democracy throughout Mr. STUMP. Mr. Speaker, I ask rights groups, labor rights groups, the world. unanimous consent to dispense with workers rights groups, religious rights I would like to read more from the the call of the Private Calendar today. groups who have worked together since book but my time has expired. More on The SPEAKER pro tempore. Is there the time of the Tiananmen Square the subject later. But let us all come objection to the request of the gen- massacre to call attention to the se- together, regardless of what we think tleman from Arizona? vere repression that continues in China about our policy to China, to com- There was no objection. still today. memorate the courage of those who f b 1245 gave their personal freedom and indeed INTRODUCING RESOLUTION TO their lives for the cause of democratic DENY MOST-FAVORED-NATION As I said earlier, we will gather to freedom in China. honor the pro-democracy activists as TRADING STATUS TO COM- f we recognize their legacy and the leg- MUNIST CHINA acy that they obtained from our RECESS (Mr. SOLOMON asked and was given permission to address the House for 1 Founding Fathers. We cannot and must The SPEAKER pro tempore (Mr. not abandon them in their cause of minute and to revise and extend his re- NETHERCUTT). Pursuant to clause 12 of marks.) freedom, both where it is missing and rule I, the House stands in recess until Mr. SOLOMON. Mr. Speaker, today I where it currently exists. Where it cur- 2 p.m. and a bipartisan group of Members of rently exists, of course, is in Hong Accordingly (at 12 o’clock and 48 the House, including Democrats and Kong, and I will move on to that in a minutes p.m.), the House stood in re- some of the Republican leadership, are moment. cess until 2 p.m. It is quite clear that by imprisoning introducing a resolution to deny most- those that speak out for democracy, f favored-nation trading status to Com- China’s leaders have imprisoned part of b 1400 munist China. all who speak out for democratic free- Once again we have witnessed the doms. These men and women are the AFTER RECESS utter failure of granting favorable past. The rulers of Beijing are the past. The recess having expired, the House terms of trade to China. Here is what it The brave men and women of 1989 and was called to order by the Speaker at 2 has brought us over the last year: of 1978 and of all the outbursts of free- p.m. The purchase of Russian missiles spe- dom, big and small, over the decades in f cifically designed to take out Amer- China are the future. ican ships and kill American sailors; In a few short weeks the world will PRAYER A $40 billion trade deficit, approach- watch as freedom where it exists now The Chaplain, Rev. James David ing $50 billion now, mostly caused by in China, in Hong Kong, is tested. We Ford, D.D., offered the following pray- the importation of slave-labor goods in must maintain our commitment to the er: this country; people of Hong Kong and to their civil Let us pray. Attempts to buy influence and use liberties and basic human rights. May Your blessings, gracious God, U.S. elections and conduct economic In yesterday’s paper, Mr. Speaker, it that brighten every place and give espionage against the United States of was reported that in Hong Kong there peace to every soul, be with all who America; was a huge protest demanding the free- seek Your presence and ask for Your A renewed crackdown on religion and ing of the prisoners arrested at the favor. We seek to trust our own preparations for a crackdown on lib- time of the Tiananmen Square mas- strength and yet we know we can be erties in Hong Kong; sacre. Thousands of people in Hong weak; we wish to endorse our own wis- But most of all, continued missile Kong rallied as the turnover ap- dom, and yet we know our ignorance; and chemical weapons shipments to proaches and makes such demonstra- we say we pursue justice, and yet we and Pakistan that will someday tions illegal. This rally was first a re- can miss the mark. O loving God, as kill tens of thousands of innocent sponse to a statement made by a leader You have created us and nurtured us human beings, including soldiers who in Hong Kong, who said ‘‘Forget about along life’s way, so fill our hearts with will be called to the rescue, as they Tiananmen Square,’’ and these young those blessings that show us the way of were in the Persian Gulf. H3218 CONGRESSIONAL RECORD — HOUSE June 3, 1997 I would ask Members to support this And then back to Hextall both wiser and A recent Arthur Andersen study of resolution when it comes to the floor. older, gaming establishments in Mississippi, f The Rangers and Great One were just out of Louisiana, and Illinois disclosed that place, gaming has had a dramatic role in de- PASS A STRAIGHTFORWARD The only ‘‘Mess’’ that we saw was of creasing public assistance in these DISASTER RELIEF BILL NOW Robitaille’s face; The heroics of Brind’Amour, Klatt, and areas. According to the study, casino (Mr. PALLONE asked and was given Podein, companies and the industries that sup- permission to address the House for 1 Have made all us Flyers’ fans stand up and port them paid $21 billion in wages to minute.) scream, more than 700,000 men and women in Mr. PALLONE. Mr. Speaker, House Here we are in the finals with sights set on 1995. Republicans decided to go home for the Cup, The average casino wage was $26,000 Memorial Day vacation last week, even Like the 70’s, no Russians will mess this compared to $20,000 in other amuse- though they still have not provided dis- dream up; ment and recreation sectors, $16,000 in Big Joel Otto and Therien have merely aster-stricken families with the emer- the hotel-motel industry, $22,000 in the begun, motion picture industry. This means gency funds needed to rebuild their To pummel the Wings til their Red starts to lives. It has now been more than 2 run, that the men and women working in months since the President sent disas- And just like the days when the Broad Street the small casinos to the large mega re- ter relief legislation to Congress; yet Bullies did reign, sorts and riverboats receive better Republicans still have not finished The Stanley Cup will belong to the Flyers wages and higher-paying jobs in ex- their work and passed the bill. again. change for their hard work. Last month Republicans loaded the f This is not just a Nevada issue, Mr. bill up with provisions to freeze spend- Speaker, this is a national issue. I urge TIMOTHY McVEIGH HAS ONLY ONE Members’ support. ing on education and other priorities RIGHT LEFT for working families, a provision the f (Mr. TRAFICANT asked and was President warned them would force given permission to address the House IT IS TIME TO PASS THE him to veto the bill. for 1 minute and to revise and extend EMERGENCY SUPPLEMENTAL BILL This emergency disaster relief bill his remarks.) (Ms. DELAURO asked and was given that Republicans are holding hostage Mr. TRAFICANT. Mr. Speaker, Tim- permission to address the House for 1 would help thousands of families re- othy McVeigh has been convicted of minute and to revise and extend her re- build their lives after a massive flood mass murder. A jury will now delib- marks.) devastating their homes, businesses, erate whether McVeigh gets life in Ms. DELAURO. Mr. Speaker, it has and farms. It also included in the bill prison or the death sentence. I say, did now been more than 2 months since the emergency funds to keep 360,000 women McVeigh give any of those 168 innocent President sent disaster relief legisla- and children from being kicked out of victims an opportunity to plea bar- tion to the Congress, but my colleagues the WIC child nutrition program. gain? Did McVeigh give any of those 19 on the other side of the aisle have cho- Mr. Speaker, Democratic leaders and murdered children an opportunity for a sen to dilly-dally, to delay, instead of Members of Congress from States hard- life sentence? I ask, did McVeigh in passing this important bill. They even est hit by this flooding will be gather- fact give any consideration at all to voted to send the Congress home for 10 ing today to deliver a simple message the innocent victims and the families days instead of working to get this to the Republican leadership: Just do of those victims? No, Mr. Speaker. emergency aid to the families who so it, pass a straightforward disaster re- I say that Timothy McVeigh has only desperately need it. lief bill now. one right left. The jury should read Even worse, the majority has played f Timothy McVeigh his ‘‘last rites.’’ politics with the disaster relief legisla- tion. Last month they added a poison GO FLYERS Timothy McVeigh should be put to death, period. pill to the bill, a provision that would (Mr. WELDON of Pennsylvania asked Mr. Speaker, an America that allows freeze spending on education and other and was given permission to address mass murderers to plea bargain is an important budget priorities that in the House for 1 minute and to revise America that is turning its back con- fact help working families in this coun- and extend his remarks.) sistently on innocent victims and citi- try. The President has stated that he cannot sign this bill if this provision is Mr. WELDON of Pennsylvania. Mr. zens. I say it is time to stop the record included. Yet, the majority has refused Speaker: number of graves and cemeteries all There is a place down in Philly called Broad to remove it. over our country. It is time to stop playing politics Street, f Where opponents were once turned into with the lives of American families. It minced meat, THOUSANDS OF HIGHER PAYING is time to help those victims who are These bullies, they skated and were gen- JOBS: A POSITIVE IMPACT OF in fact desperately waiting for disaster erally hated THE GAMING INDUSTRY relief funds. It is time to pass the By all of those whom they routinely de- emergency supplemental bill. (Mr. GIBBONS asked and was given flated; f The Spectrum was home to these champions permission to address the House for 1 of ice, minute and to revise and extend his re- A BALANCED BUDGET The Stanley Cup was made theirs not once, marks.) AGREEMENT THAT IS DIFFERENT but twice, Mr. GIBBONS. Mr. Speaker, recently (Ms. DUNN asked and was given per- With Clarkie and Leach and Parent in the the National Gambling and Impact Pol- net, mission to address the House for 1 icy Commission was formed. I am here minute and to revise and extend her re- Their blood, sweat, and tears we will never today to speak about one of the posi- forget; marks.) But now here we are in 1997, tive impacts the gaming industry has Ms. DUNN. Mr. Speaker, in 1985 a The Flyers approaching ice hockey heaven, had on our society. balanced budget deal was agreed to Eric the Great has shown us the way, An article recently published in the amid great fanfare. In 1990 a balanced His heart, speed, and talent on constant dis- Las Vegas Sun illustrates gaming’s budget deal was agreed to amid similar play; positive involvement in the important exuberance. In 1993 a balanced budget With well-seasoned Coffee and a Legion of issue of welfare reform. Two of deal was agreed to that was greeted Doom, gaming’s corporate citizens have been with more high praise from the liberal The orange and black have shown opponents producing thousands of jobs for welfare media. The budget is still not in bal- their tomb, recipients. These companies have been Super Mario was valiant but nevertheless, ance. He just couldn’t beat power with pretty fi- giving American families the con- Mr. Speaker, what is it about this nesse; fidence of being able to make ends balanced budget agreement that is dif- Over the Sabers they rode on Snow’s bulging meet without depending on public as- ferent? First, under a Republican Con- shoulder, sistance. gress, the economic assumptions are June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3219 conservative and realistic. Second, this The saying is that farmers are al- OFFICE OF THE CLERK, budget includes the strongest step in ways cash poor but land rich. That is U.S. HOUSE OF REPRESENTATIVES, entitlement reform since our welfare certainly true. And it is unfortunate Washington, DC, May 30, 1997. reform proposals of last year. Third, that today many farmers are not able Hon. NEWT GINGRICH, The Speaker, U.S. House of Representatives, the resolve of the Republican Congress to pass their farms on to their chil- Washington, DC. to balance the budget is the strongest dren. Part of the farm must be sold in DEAR MR. SPEAKER: Pursuant to the per- this country has seen since 1954. order to pay the estate taxes before the mission granted in clause 5 of rule III of the Conservative economic assumptions, farm can be passed on to their children. Rules of the U.S. House of Representatives. I entitlement reforms, and Republican Even modest family owned businesses have the honor to transmit a sealed envelope resolve, those are the keys to this bal- and farms can fall into the range of es- received from the White House on May 30, anced budget agreement. That, Mr. tate taxable assets, causing great fi- 1997 at 3:26 p.m. and said to contain a mes- Speaker, separates this budget agree- nancial hardship. Ironically the truly sage from the President whereby he notifies ment from the failed promises of pre- wealthy families are generally better the Congress of modifications of duty-free vious balanced budget deals. treatment under the Generalized System of able to avoid estate tax liability be- Preferences. f cause they can afford to hire experts to With warm regards, reduce their estate taxes, while the b ROBIN H. CARLE, 1415 small business people and the farmers Clerk, U.S. House of Representatives. SILVER CHARM do not have the money to hire that f (Mr. DREIER asked and was given kind of expertise. permission to address the House for 1 Furthermore, the top estate tax rate minute and to revise and extend his re- of 55 percent is taxing money which DESIGNATION OF CAMBODIA marks.) has already been taxed, giving a high UNDER GENERALIZED SYSTEM Mr. DREIER. Mr. Speaker, from the tax rate of approximately 73 percent. OF PREFERENCES—MESSAGE Los Angeles County Fairgrounds in Po- I believe the estate tax is too high. It FROM THE PRESIDENT OF THE mona to the Santa Anita race track in is unjust and we should change this so UNITED STATES (H. DOC. NO. 105– Arcadia, California’s San Gabriel Val- that those who own small businesses 88) and farms can in fact retain them and ley is totally charmed by our Triple The SPEAKER pro tempore laid be- Crown contender and favorite son, Sil- pass them on to their children upon their death. fore the House the following message ver Charm, but it is owners Bob and from the President of the United Beverly Lewis who have captured our f States; which was read and, together hearts. Their generous spirit of giving with the accompanying papers, without is evident throughout southern Califor- objection, referred to the Committee nia. We celebrate with them as their CUTTING TAXES on Ways and Means and ordered to be Kentucky Derby and Preakness winner printed: makes his bid to add the final jewel to (Mr. GUTKNECHT asked and was his crown. given permission to address the House To the Congress of the United States: Silver Charm represents the spirit of for 1 minute and to revise and extend his remarks.) The Generalized System of Pref- America. He is a street fighter who erences (GSP) program offers duty-free rose to the top through sheer hard Mr. GUTKNECHT. Mr. Speaker, I must say, I get a little irritated when treatment to specified products that work, ability and talent. He is what are imported from designated develop- America is all about. We all root for the folks on the other side resort to the only card in their deck: class envy. ing countries. The program is author- him because in essence he represents ized by title V of the Trade Act of 1974, Yes, America, the land of class envy. us. He has come not from the royal as amended. In the liberal vision, America is not a barns of Kentucky but has become a Pursuant to title V, I have deter- land of unlimited opportunity, a land champion in spite of it. mined that Cambodia should be des- where all Americans are encouraged to The son of Silver Buck and Bonnie’s ignated as a least developed bene- become as prosperous as their God- Poker continues to fascinate us as he ficiary developing country under the given talents and hard work will take heads to the Belmont Stakes. GSP program because it has taken them. No; in the liberal vision we do Mr. Speaker, this Saturday Califor- steps to improve worker rights and the not encourage people to become rich. nians will be very proud as we cele- protection of intellectual property. I We must tear them down. brate our first Triple Crown winner. have also determined, as a result of the f No; in the liberal vision of success, it 1995 Annual Review of petitions for must not be considered the just re- ESTATE TAXES changes that three products should be wards of hard work; success must be added to the GSP list of eligible prod- (Mr. EHLERS asked and was given attacked. ucts and that the competitive need permission to address the House for 1 No; in the liberal vision, instead of limits on 22 products should be waived. minute and to revise and extend his re- serving as a spur to your own success, As a result of a review of 1996 imports marks.) government must expropriate wealth of GSP products, I have determined Mr. EHLERS. Mr. Speaker, I rise that others have produced. that de minimis limits on 79 products today to say a few words about estate Mr. Speaker, we reject that liberal be waived and 11 products, whose im- taxes, sometimes called inheritance vision. Pitting one class against an- ports no longer exceed the program’s taxes and more recently referred to as other is destructive, counterproductive competitive need limits, should be re- death taxes. This is often designated as and just plain wrong. designated as GSP eligible. Finally as a tax on the rich, and some therefore Cutting taxes on Americans, rich or a result of certain provisions of the leg- say we should not cut it. But I wish to poor, is nothing more than the belief islation enacted in August 1996 reau- clarify some of the issues. that Americans should get to keep thorizing GSP, I am granting GSP eli- Ninety-three percent of the busi- more of the wealth that they produce. gibility to an additional 1,783 articles nesses in my area of west Michigan are not previously included under GSP, small businesses, having under 50 em- f provided that they are imported di- ployees. Estate taxes, contrary to the rectly from the least developed bene- public’s perception, do not apply just ficiary developing countries. to Bill Gates and others of that sort, COMMUNICATION FROM THE but they apply to a majority of the CLERK OF THE HOUSE This notice is submitted in accord- ance with the requirements of title V small businesses and farmers in this The SPEAKER pro tempore (Mr. MIL- of the Trade Act of 1974. Nation because, when they die, they LER of Florida) laid before the House have substantial assets in their busi- the following communication from the WILLIAM J. CLINTON. nesses. Clerk of the House of Representatives: THE WHITE HOUSE, May 30, 1997. H3220 CONGRESSIONAL RECORD — HOUSE June 3, 1997 COMMUNICATION FROM THE Bosnia and Herzegovina, as well as the 1. The declaration of the national CLERK OF THE HOUSE property of any entity organized or lo- emergency on May 30, 1992, was made The SPEAKER pro tempore laid be- cated in, or controlled by any person pursuant to the authority vested in the fore the House the following commu- in, or resident in, those areas. President by the Constitution and laws nication from the Clerk of the House of On November 22, 1995, the United Na- of the United States, including the Representatives: tions Security Council passed (‘‘Reso- International Emergency Economic lution 1022’’), immediately and indefi- Powers Act (50 U.S.C. 1701 et seq.), the OFFICE OF THE CLERK, nitely suspending economic sanctions National Emergencies Act (50 U.S.C. U.S. HOUSE OF REPRESENTATIVES, Washington, DC, May 30, 1997. against the FRY (S&M). Sanctions 1601 et seq.), and section 301 of title 3 of Hon. NEWT GINGRICH, were subsequently lifted by the United the United States Code. The emergency The Speaker, U.S. House of Representatives, Nations Security Council pursuant to declaration was reported to the Con- Washington, DC. Resolution 1074 on October 1, 1996. Res- gress on May 30, 1992, pursuant to sec- DEAR MR. SPEAKER: Pursuant to the per- olution 1022, however, continues to pro- tion 204(b) of the International Emer- mission granted in Clause 5 of Rule III of the vide for the release of funds and assets gency Economic Powers Act (50 U.S.C. Rules of the U.S. House of Representatives. I previously blocked pursuant to sanc- 1703(b)) and the expansion of that na- have the honor to transmit a sealed envelope tions against the FRY (S&M), provided received from the White House on May 30, tional emergency under the same au- 1997 at 3:26 p.m. and said to contain a mes- that such funds and assets that are thorities was reported to the Congress sage from the President whereby he submits subject to claims and encumbrances, or on October 25, 1994. The additional a 6-month periodic report on the national that are the property of persons sanctions set forth in related Executive emergency with respect to the former Yugo- deemed insolvent, remain blocked until orders were imposed pursuant to the slavia. ‘‘released in accordance with applica- authority vested in the President by Sincerely, ble law.’’ This provision was imple- the Constitution and laws of the Unit- ROBIN H. CARLE. mented in the United States on Decem- ed States, including the statutes cited f ber 27, 1995, by Presidential Determina- above, section 1114 of the Federal Avia- REPORT ON NATIONAL EMER- tion No. 96–7. The Determination, in tion Act (49 U.S.C. App. 1514), and sec- GENCY WITH RESPECT TO conformity with Resolution 1022, di- tion 5 of the United Nations Participa- FORMER YUGOSLAVIA—MESSAGE rected the Secretary of the Treasury, tion Act (22 U.S.C. 287c). FROM THE PRESIDENT OF THE inter alia, to suspend the application of 2. The Office of Foreign Assets Con- UNITED STATES (H. DOC. NO. 105– sanctions imposed on the FRY (S&M) trol (OFAC), acting under authority 89) pursuant to the above-referenced Exec- delegated by the Secretary of the utive orders and to continue to block Treasury, implemented the sanctions The SPEAKER pro tempore laid be- property previously blocked until pro- imposed under the foregoing statutes fore the House the following message vision is made to address claims or en- in the Federal Republic of Yugoslavia from the President of the United cumbrances, including the claims of (Serbia and Montenegro) and Bosnian States; which was read and, together the other successor states of the Serb-Controlled Areas of the Republic with the accompanying papers, without former Yugoslavia. This sanctions re- of Bosnia and Herzegovina Sanctions objection, referred to the Committee lief was an essential factor motivating Regulations, 31 C.F.R. Part 585 (the on International Relations and ordered Serbia and Montenegro’s acceptance of ‘‘Regulations’’). To implement Presi- to be printed: the General Framework Agreement for dential Determination No. 967, the Reg- To the Congress of the United States: Peace in Bosnia and Herzegovina ini- ulations were amended to authorize On May 30, 1992, by Executive Order tialed by the parties in Dayton on No- prospectively all transactions with re- 12808, President Bush declared a na- vember 21, 1995 (the ‘‘Peace Agree- spect to the FRY (S&M) otherwise pro- tional emergency to deal with the un- ment’’) and signed in Paris on Decem- hibited (61 FR 1282, January 19, 1996). usual and extraordinary threat to the ber 14, 1995. The sanctions imposed on Property and interests in property of national security, foreign policy, and the FRY (S&M) and on the United Na- the FRY (S&M) previously blocked economy of the United States con- tions Protected Areas in the Republic within the jurisdiction of the United stituted by the actions and policies of of Croatia were accordingly suspended States remain blocked, in conformity the Governments of Serbia and prospectively, effective January 16, with the Peace Agreement and UNSCR Montenegro, blocking all property and 1996. Sanctions imposed on the Bosnian 1022, until provision is made to address interests in property of those Govern- Serb forces and authorities and on the claims or encumbrances, including the ments. President Bush took additional territory that they control within the claims of the other successor states of measures to prohibit trade and other Republic of Bosnia and Herzegovina the former Yugoslavia. transactions with the Federal Republic were subsequently suspended prospec- On May 10, 1996, OFAC amended the of Yugoslavia (Serbia and Montenegro) tively, effective May 10, 1996, in con- Regulations to authorize prospectively by Executive Orders 12810 and 12831, is- formity with UNSCR 1022. On October all transactions with respect to the sued on June 5, 1992, and January 15, 1, 1996, the United Nations passed Bosnian Serbs otherwise prohibited, ex- 1993, respectively. UNSCR 1074, terminating U.N. sanc- cept with respect to property pre- On April 25, 1993, I issued Executive tions against the FRY (S&M) and the viously blocked (61 FR 24696, May 16, Order 12846, blocking the property and Bosnian Serbs in light of the elections 1996). On December 4, 1996, OFAC interests in property of all commercial, that took place in Bosnia and amended Appendices A and B to 31 industrial, or public utility undertak- Herzegovina on September 14, 1996. C.F.R. chapter V, containing the names ings or entities organized or located in UNSCR 1074, however, reaffirms the of entities and individuals in alphabet- the Federal Republic of Yugoslavia provisions of UNSCR 1022 with respect ical order and by location that are sub- (Serbia and Montenegro) (the ‘‘FRY to the release of blocked assets, as set ject to the various economic sanctions (S&M)’’), and prohibiting trade-related forth above. programs administered by OFAC, to re- transactions by United States persons The present report is submitted pur- move the entries for individuals and involving those areas of the Republic of suant to 50 U.S.C. 1641(c) and 1703(c) entities that were determined to be Bosnia and Herzegovina controlled by and covers the period from November acting for or on behalf of the Govern- the Bosnian Serb forces and the United 30, 1996, through May 29, 1997. It dis- ment of the Federal Republic of Yugo- Nations Protected Areas in the Repub- cusses Administration actions and ex- slavia (Serbia and Montenegro). These lic of Croatia. On October 24, 1994, be- penses directly related to the exercise assets were blocked on the basis of cause of the actions and policies of the of powers and authorities conferred by these persons’ activities in support of Bosnian Serbs, I expanded the scope of the declaration of a national emer- the FRY (S&M)—activities no longer the national emergency by issuance of gency in Executive Order 12808 as ex- prohibited—not because the Govern- Executive Order 12934 to block the panded with respect to the Bosnian ment of the FRY (S&M) or entities lo- property of the Bosnian Serb forces and Serbs in Executive Order 12934, and cated in or controlled from the FRY the authorities in the territory that against the FRY (S&M) contained in (S&M) had any interest in those assets they control within the Republic of Executive Orders 12810, 12831, and 12846. (61 FR 64289, December 4, 1996). A copy June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3221 of the amendment is attached to this 5. Despite the prospective authoriza- significant developments pursuant to report. tion of transactions with FRY (S&M), 50 U.S.C. 1703(c). On April 18, 1997, the Regulations OFAC has continued to work closely WILLIAM J. CLINTON. were amended by adding a new section with the United States Customs Serv- THE WHITE HOUSE, May 30, 1997. 585.528, authorizing all transactions ice and other cooperating agencies to f after 30 days with respect to the follow- investigate alleged violations that oc- ANNOUNCEMENT BY THE SPEAKER ing vessels that remained blocked pur- curred while sanctions were in force. PRO TEMPORE suant to the Regulations, effective at Since my last report, OFAC has col- 10:00 a.m. local time in the location of lected six civil monetary penalties to- The SPEAKER pro tempore. Pursu- the vessel on May 19, 1997: the M/V taling nearly $39,000 for violations of ant to the provisions of clause 5 of rule MOSLAVINA, M/V ZETA, M/V the sanctions. These violations in- I, the Chair announces that he will LOVCEN, M/V DURMITOR and M/V cluded prohibited imports, exports, postpone further proceedings today on BAR (a/k/a M/V INVIKEN) (62 FR 19672, contract dealings, and payments to the each motion to suspend the rules on April 23, 1997). During the 30-day pe- Government of the FRY (S&M), per- which a recorded vote or the yeas and riod, United States persons were au- sons in the FRY (S&M), or to blocked nays are ordered, or on which the vote thorized to negotiate settlements of entities owned or controlled by the is objected to under clause 4 of rule their outstanding claims with respect FRY (S&M). XV. to the vessels with the vessels’ owners 6. The expenses incurred by the Fed- Such rollcall votes, if postponed, will or agents and were generally licensed eral Government in the 6-month period be taken after debate has concluded on to seek and obtain judicial warrants of from November 30, 1996, through May all motions to suspend the rules but maritime arrest. If claims remained 29, 1997, that are directly attributable not before 5 p.m. today. unresolved 10 days prior to the vessels’ to the declaration of a national emer- f unblocking (May 8, 1997), service of the gency with respect to the FRY (S&M) CONFERRING STATUS AS HONOR- warrants could be effected at that time and the Bosnian Serb forces and au- ARY VETERAN ON LESLIE through the United States Marshal’s thorities are estimated at approxi- TOWNES (BOB) HOPE Office in the district where the vessel mately $400,000, most of which rep- was located to ensure that United resents wage and salary costs for Fed- Mr. STUMP. Mr. Speaker, I move to States creditors of a vessel had the op- eral personnel. Personnel costs were suspend the rules and pass the joint portunity to assert their claims. Ap- largely centered in the Department of resolution (H.J. Res. 75) to confer sta- pendix C to 31 CFR, chapter V, contain- the Treasury (particularly in OFAC tus as an honorary veteran of the Unit- ing the names of vessels blocked pursu- and its Chief Counsel’s Office, and the ed States Armed Forces on Leslie ant to the various economic sanctions United States Customs Service), the Townes (Bob) Hope. The Clerk read as follows: programs administered by OFAC (61 FR Department of State, the National Se- 32936, June 26, 1996), was also amended curity Council, and the Department of H.J. RES. 75 to remove these vessels from the list Commerce. Whereas the United States has never be- effective May 19, 1997. A copy of the 7. In the last year and a half, sub- fore conferred status as an honorary veteran of the United States Armed Forces on an in- amendment is attached to this report. stantial progress has been achieved to dividual, and such status is and should re- 3. Over the past year, the Depart- bring about a settlement of the conflict main an extraordinary honor not lightly ments of State and the Treasury have in the former Yugoslavia acceptable to conferred nor frequently granted; worked closely with European Union the parties. UNSCR 1074 terminates Whereas the lifetime of accomplishments member states and other U.N. member sanctions in view of the first free and and service of Leslie Townes (Bob) Hope on nations to implement the provisions of fair elections to occur in the Republic behalf of United States military UNSCR 1022. In the United States, re- of Bosnia and Herzegovina, as provided servicemembers fully justifies the conferring of such status; tention of blocking authority pursuant for in the Peace Agreement. In re- Whereas Leslie Townes (Bob) Hope is him- to the extension of a national emer- affirming Resolution 1022, however, self not a veteran, having attempted to en- gency provides a framework for admin- UNSCR 1074 contemplates the contin- list in the Armed Forces to serve his country istration of an orderly claims settle- ued blocking of assets potentially sub- during World War II, but being informed that ment. This accords with past policy ject to conflicting claims and encum- the greatest service he could provide the Na- and practice with respect to the sus- brances until provision is made to ad- tion was as a civilian entertainer for the pension of sanctions regimes. dress them under applicable law, in- troops; 4. During this reporting period, OFAC cluding claims of the other successor Whereas during, World War II, the Korean Conflict, the , and the Persian issued seven specific licenses regarding states of the former Yugoslavia. and throughout the , Bob transactions pertaining to the FRY The resolution of the crisis and con- Hope traveled to visit and entertain millions (S&M) or assets it owns or controls. flict in the former Yugoslavia that has of United States servicemembers in numer- Specific licenses have been issued (1) to resulted from the actions and policies ous countries, on ships at sea, and in combat authorize the unblocking of certain of the Government of the Federal Re- zones ashore; funds and other financial assets pre- public of Yugoslavia (Serbia and Whereas Bob Hope has been awarded the viously blocked; (2) for the payment of Montenegro), and of the Bosnian Serb Congressional Gold Medal, the Presidential crews’ wages, vessel maintenance, and forces and the authorities in the terri- Medal of Freedom, the Distinguished Service Medal of each of the branches of the Armed emergency supplies for FRY (S&M)- tory that they control, will not be Forces, and more than 100 citations and controlled ships blocked in the United complete until such time as the Peace awards from national veterans service orga- States; and (3) to authorize perform- Agreement is implemented and the nizations and civic and humanitarian organi- ance of certain transactions under pre- terms of UNSCR 1022 have been met. zations; and sanctions contracts. Therefore, I have continued for another Whereas Bob Hope has given unselfishly of During the past 6 months, OFAC has year the national emergency declared his time for over a half century to be with continued to oversee the maintenance on May 30, 1992, as expanded in scope United States servicemembers on foreign of blocked accounts and records with shores, working tirelessly to bring a spirit of on October 25, 1994, and will continue humor and cheer to millions of respect to: (1) liquidated tangible as- to enforce the measures adopted pursu- servicemembers during their loneliest mo- sets and personalty of the 15 blocked ant thereto. ments, and thereby extending for the Amer- United States subsidiaries of entities I shall continue to exercise the pow- ican people a touch of home away from organized in the FRY (S&M); (2) the ers at my disposal with respect to the home: Now, therefore, be it blocked personalty, files, and records measures against the Government of Resolved by the Senate and House of Rep- of the two Serbian banking institu- the Federal Republic of Yugoslavia resentatives of the United States of America in tions in previously placed in (Serbia and Montenegro), and the Congress assembled, That Congress— (1) extends its gratitude, on behalf of the secure storage; (3) remaining tangible Bosnian Serb forces, civil authorities, American people, to Leslie Townes (Bob) property, including real estate; and (4) and entities, as long as these measures Hope for his lifetime of accomplishments and the 5 Yugoslav-owned vessels recently are appropriate, and will continue to service on behalf of United States military unblocked in the United States. report periodically to the Congress on servicemembers; and H3222 CONGRESSIONAL RECORD — HOUSE June 3, 1997 (2) confers upon Leslie Townes (Bob) Hope service men and women who Bob Hope and accolades for Bob Hope are as countless the status of an honorary veteran of the has entertained throughout his long as the shows he performed for our troops, I United States Armed Forces. and distinguished career, we say to Bob want to mention just a few of the awards he The SPEAKER pro tempore. Pursu- Hope, thanks for the memories and for has received. For his humanitarian work he ant to the rule, the gentleman from Ar- a job well done. was awarded the Congressional Gold Medal izona [Mr. STUMP] and the gentleman The honor bestowed on Bob Hope by and the Presidential Medal of Freedom. As an from Illinois [Mr. EVANS], each will House Joint Resolution 75 is well de- entertainer he was awarded a Presidential control 20 minutes. served. I look forward to favorable con- Medal of the Arts. His honorary degrees and The Chair recognizes the gentleman sideration of this resolution by our col- awards would consume pages of this record. from Arizona [Mr. STUMP]. leagues. The U.S. Navy has dedicated a ship the (Mr. STUMP asked and was given Mr. Speaker, I reserve the balance of USNS Bob Hope, and the U.S. Air Force has permission to revise and extend his re- my time. named its newest C±17 Globemaster III in his marks.) Mr. STUMP. Mr. Speaker, I yield honor. GENERAL LEAVE such time as he may consume to the As an entertainer Bob Hope is a legendary Mr. STUMP. Mr. Speaker, I ask gentleman from California [Mr. figure. But his greatest legacy will be carried unanimous consent that all Members DREIER]. in the memories of those American sons and may have 5 legislative days in which to Mr. DREIER. Mr. Speaker, I thank daughters who faced adversity far from home revise and extend their remarks and in- the distinguished chairman of the com- and found a few hours of refuge in the USO clude extraneous material on the joint mittee for yielding me the time, and I tours headed by Bob Hope. Bob Hope gave resolution under consideration. congratulate both the chairman and our troops the gift of humor, reminding us all The SPEAKER pro tempore. Is there ranking minority member for moving that one of our greatest assets in facing ad- objection to the request of the gen- forward with this very appropriate leg- versity is a sense of humor. No matter, the tleman from Arizona? islation. conditions, Bob Hope came through for our There was no objection. Last Thursday night in Los Angeles, troops. His tours and annual Christmas show, Mr. STUMP. Mr. Speaker, I yield my- a wonderful birthday tribute was held performed in more than 40 countries during self such time as I may consume. for Bob Hope as he marked his 94th the past quarter century brought a piece of Mr. Speaker, many consider Bob birthday. It seems to me that this leg- home to millions of American service person- Hope’s most important contribution to islation is very fitting right on the nel. American society to be entertaining heels of that important celebration. The time has come to give Bob Hope our this Nation’s troops overseas. From When one thinks of the name of Bob thanks for his selfless commitment to our World War II to the Persian Gulf, Bob Hope, for me the first word that comes troops. Veteran groups, members of the Hope performed for millions of Amer- to mind is patriot. That is why bestow- Armed Forces, Members of Congress, and the ican GI’s stationed all over the world. ing on him this title of being an honor- American people have joined together to rec- As a Navy enlisted man, I was privi- ary veteran is very, very apropos. He ognize Bob Hope as the first honorary veteran leged to attend two of these perform- has spent countless days and very im- of the U.S. Armed Forces. I urge all my col- ances during World War II. portant days, holidays, away from his leagues to join in this fitting tribute to a great I also had the honor of sharing the family to entertain our troops during manÐBob Hope. stage with Bob Hope and other dig- very difficult times in our Nation’s his- Mr. KUCINICH. Mr. Speaker, I rise to honor nitaries in 1995 in Honolulu at the tory. It seems to me when we think Bob Hope, world renowned entertainer, hu- Waikiki Shell to commemorate the about the kinds of sacrifices that he manitarian, and Clevelander. Bob Hope started his entertainment career 50th anniversary of V–J Day. has made, they clearly do certainly es- in the great vaudeville era with Fatty Arbuckle. The U.S. Navy recently dedicated the tablish very, very good justification for He made his broadway debut in ``Roberta,'' by USNS Bob Hope (T–AKR 300), the lead Bob Hope to be named as a veteran of Jerome Kern. He succeeded again with ship in a new class of strategic sealift the armed services. ``Ziegfield Follies'' and ``Red, Hot and Blue.'' vessels. Mr. Speaker, I have considered Bob Then he starred in movies, such as ``Thanks On April 22d, the Air Force dedicated Hope and his wonderful wife Dolores for the Memory.'' its newest C–17 Globemaster III air- and his son Tony and others in his fam- Bob Hope warmed the hearts of Americans craft in the name of Bob Hope in honor ily very good friends. They have homes through his commitment to raising the spirits of his contributions to the Air Force. in both Los Angeles and in the Palm of U.S. troops. He traveled the world, to wher- Bob Hope has truly earned for him- Springs area and are very active in the ever U.S. troops were stationed. Always self- self the finest title this country can be- community in southern California. We deprecating, he said of himself, ``I still have stow, that of ‘‘honorary veteran.’’ are happy to, first of all, mark his 94th the same rank I've always hadÐchicken, first Mr. Speaker, we have over 280 co- birthday and wish him many more to class.'' sponsors on this resolution. I would come and to congratulate the gen- Bob Hope is a very successful business- like to commend the gentleman from tleman from Arizona [Mr. STUMP] and man. He invested his show business earnings Illinois [Mr. EVANS], ranking minority the gentleman from Illinois [Mr. wisely, generating considerable wealth. Bob member of the full committee, for his EVANS] for moving forward with this Hope is also a very generous man. His foun- support and cooperation on this resolu- very important and well-deserved legis- dation regularly gives away half a million dol- tion. lation. lars per year to worthy education and health Mr. EVANS. Mr. Speaker, I yield my- Mr. BONO. Mr. Speaker, I rise today in sup- care projects. He has shown deep commit- self such time as I may consume. port of House Joint Resolution 75, and to ment to Catholic agencies and churches. I want to commend the gentleman speak on behalf of my constituent and friend, Mr. Speaker, Bob Hope is a great American. from Arizona [Mr. STUMP], chairman of Mr. Leslie Townes Hope or, as he is known to To Bob, his lovely wife Dolores and their en- the Committee on Veterans’ Affairs. As everyone worldwide, Bob Hope. tire family, I wish them continued happiness. a result of his efforts, he has put this Virtually everyone is aware that Bob Hope Mr. EVANS. Mr. Speaker, I have no resolution on a fast track, and it is an has, for many years, been America's greatest further requests for time, and I yield important piece of legislation and ``veteran'' showman, performing countless back the balance of my time. overdue, I think, in terms of recogniz- times for our troops throughout the world. No Mr. STUMP. Mr. Speaker, I thank ing the contributions of Bob Hope. I sa- matter how far away, or how dangerous the the ranking member of the committee lute him for his leadership on this conditions, Bob Hope made sure that our for his help. I have no further requests measure and was pleased to join him as service personnel had the chance to enjoy an for time, and I yield back the balance a cosponsor of this legislation we origi- entertaining show, and, at least for a brief of my time. nally introduced. time, a respite from the horror of war or drudg- The SPEAKER pro tempore. The Perhaps more than any other person, ery of duty. question is on the motion offered by Bob Hope has done more to lift the Although he was not born in America, Mr. the gentleman from Arizona [Mr. spirits of men and women in uniform Hope is as American as apple pie and forever STUMP] that the House suspend the when those spirits needed to be raised linked to the glamour of the golden era of Hol- rules and pass the joint resolution, the most. On behalf of the countless lywood and the American GI. While the honors House Joint Resolution 75. June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3223 The question was taken; and (two- (b) PRIVATE MEMBERS.—Members of the GENERAL LEAVE thirds having voted in favor thereof) Commission from private life shall receive Mr. COBLE. Mr. Speaker, I ask unan- the rules were suspended and the joint $200 for each day (including travel time) dur- imous consent that all Members may ing which the member is engaged in the ac- resolution was passed. tual performance of duties vested in the have 5 legislative days to revise and ex- A motion to reconsider was laid on Commission, plus reimbursement for travel, tend their remarks on the bill under the table. subsistence, and other necessary expenses in- consideration. f curred in the performance of such duties, but The SPEAKER pro tempore. Is there not in excess of the maximum amounts au- ESTABLISHING A COMMISSION ON objection to the request of the gen- thorized under section 456 of title 28, United tleman from North Carolina? STRUCTURAL ALTERNATIVES States Code. There was no objection. FOR FEDERAL COURTS OF AP- SEC. 4. PERSONNEL. PEAL (a) EXECUTIVE DIRECTOR.—The Commission [Mr. COBLE asked and was given per- may appoint an Executive Director who shall mission to revise and extend his re- Mr. COBLE. Mr. Speaker, I move to receive compensation at a rate not exceeding marks.] suspend the rules and pass the bill the rate prescribed for level V of the Execu- Mr. COBLE. Mr. Speaker, I yield my- (H.R. 908) to establish a Commission on tive Schedule under section 5316 of title 5, self such time as I may consume, and I Structural Alternatives for the Federal United States Code. rise in support of H.R. 908, a bill to es- Courts of Appeals, as amended. (b) STAFF.—The Executive Director, with tablish a Commission on Structural Al- The Clerk read as follows: the approval of the Commission, may ap- point and fix the compensation of such addi- ternatives for the Federal Courts of H.R. 908 tional personnel as the Executive Director Appeals. Be it enacted by the Senate and House of Rep- determines necessary, without regard to the An amended version of this bill is resentatives of the United States of America in provisions of title 5, United States Code, gov- presented for passage under suspension Congress assembled, erning appointments in the competitive of the rules. The amendment to the re- SECTION 1. ESTABLISHMENT AND FUNCTIONS OF service or the provisions of chapter 51 and COMMISSION. subchapter III of chapter 53 of such title re- ported bill makes the following (a) ESTABLISHMENT.—There is established a lating to classification and General Schedule changes: Commission on Structural Alternatives for pay rates. Compensation under this sub- It reduces the time established in the the Federal Courts of Appeals (hereinafter section shall not exceed the annual maxi- bill, as introduced, in which the com- referred to as the ‘‘Commission’’). mum rate of basic pay for a position above mission must come to a conclusion to (b) FUNCTIONS.—The functions of the Com- GS–15 of the General Schedule under section 18 months from the appointment of the 5108 of title 5, United States Code. mission shall be to— sixth member of the commission as op- (1) study the present division of the United (c) EXPERTS AND CONSULTANTS.—The Exec- States into the several judicial circuits; utive Director may procure personal services posed to 2 years from enactment. (2) study the structure and alignment of of experts and consultants as authorized by Second, due to the reduction in time, the Federal Court of Appeals system, with section 3109 of title 5, United States Code, at funding for the commission is reduced particular reference to the Ninth Circuit; rates not to exceed the highest level payable from $1.3 million to $900,000, $500,000 of and under the General Schedule pay rates under which has already been appropriated. (3) report to the President and the Con- section 5332 of title 5, United States Code. (d) SERVICES.—The Administrative Office And third, the size of the commission gress its recommendations for such changes of the United States Courts shall provide ad- will be reduced from 12 members to 10 in circuit boundaries or structure as may be ministrative services, including financial appropriate for the expeditious and effective members with 2 members being ap- and budgeting services to the Commission on disposition of the caseload of the Federal pointed by each of the majority leader a reimbursable basis. The Federal Judicial Courts of Appeals, consistent with fun- of the Senate, the minority leader of Center shall provide necessary research serv- damental concepts of fairness and due proc- the Senate, the Speaker of the House, ices to the Commission on a reimbursable ess. basis and the minority leader of the House. SEC. 2. MEMBERSHIP. SEC. 5. INFORMATION. Additionally the President and the (a) COMPOSITION.—The Commission shall be The Commission is authorized to request Chief Justice of the Supreme Court will composed of 10 members appointed as fol- from any department, agency, or independ- appoint one member each. lows: ent instrumentality of the Government any H.R. 908 was introduced in response (1) One member appointed by the President information and assistance the Commission of the United States. to recurring attempts to divide the determines necessary to carry out its func- largest of the Federal judicial circuits, (2) One member appointed by the Chief tions under this Act. Each such department, Justice of the United States. agency, and independent instrumentality is the ninth. (3) Two members appointed by the Major- authorized to provide such information and ity Leader of the Senate. assistance to the extent permitted by law b 1430 (4) Two members appointed by the Minor- when requested by the Chair of the Commis- ity Leader of the Senate. sion. However, if properly implemented, (5) Two members appointed by the Speaker SEC. 6. REPORT. the commission proposal represents a of the House of Representatives. No later than 18 months following the date sound approach to a problem of na- (6) Two members appointed by the Minor- on which its sixth member is appointed in tional concern, and that is the explo- ity Leader of the House of Representatives. accordance with section 2(b), the Commis- sive growth in the caseload of all of the (b) APPOINTMENT.—The members of the sion shall submit its report to the President courts of appeals. Commission shall be appointed within 60 and the Congress. The Commission shall ter- days after the date of the enactment of this minate 90 days after the date of the submis- The time is right, it seems to me, for Act. sion of its report. a careful, objective study aimed at de- (c) VACANCY.—Any vacancy in the Commis- SEC. 7. CONGRESSIONAL CONSIDERATION. termining whether that structure can sion shall be filled in the same manner as the No later than 60 days after the submission adequately serve the needs of the 21st original appointment. of the report, the Committees on the Judici- century. The task of the commission (d) CHAIR.—The Commission shall elect a ary of the House of Representatives and the would be to carry out that study. Chair and Vice Chair from among its mem- Senate shall act on the report. bers. The proposed commission would be SEC. 8. AUTHORIZATION OF APPROPRIATIONS. the first of its kind since the Commis- (e) QUORUM.—Six members of the Commis- There are authorized to be appropriated to sion shall constitute a quorum, but 3 may the Commission such sums, not to exceed sion on Revision of the Federal Court conduct hearings. $900,000, as may be necessary to carry out the Appellate System, also known as the SEC. 3. COMPENSATION. purposes of this Act. Such sums as are appro- Hruska Commission, which completed (a) IN GENERAL.—Members of the Commis- priated shall remain available until ex- its work in 1975, or more than two dec- sion who are officers, or full-time employees, pended. ades ago. Needless to say, dramatic of the United States shall receive no addi- The SPEAKER pro tempore. Pursu- changes have taken place in the work tional compensation for their services, but ant to the rule the gentleman from of the Federal courts in those two dec- shall be reimbursed for travel, subsistence, ades, but there have been no structural and other necessary expenses incurred in the North Carolina [Mr. COBLE] and the performance of duties vested in the Commis- gentlewoman from California [Ms. alterations except for the division of sion, but not in excess of the maximum LOFGREN], each will control 20 minutes. the old fifth circuit and the creation of amounts authorized under section 456 of title The Chair recognizes the gentleman the Court of Appeals for the Federal 28, United States Code. from North Carolina [Mr. COBLE]. Circuit. H3224 CONGRESSIONAL RECORD — HOUSE June 3, 1997 As I have indicated, under the the Committee on the Judiciary in urg- Mr. COBLE. Mr. Speaker, I yield 2 amended version of H.R. 908, the com- ing support for the passage of this bill. minutes to the gentleman from Alaska mission will have 18 months to carry Mr. Speaker, I reserve the balance of [Mr. YOUNG]. out its work. It also includes a require- my time. (Mr. YOUNG of Alaska asked and was ment that the initial appointments to Mr. COBLE. Mr. Speaker, I yield such given permission to revise and extend the commission be made within 60 days time as he may consume to the gen- his remarks.) of the date of enactment. That will tleman from Illinois [Mr. HYDE], the Mr. YOUNG of Alaska. Mr. Speaker, I help to assure that the process will not chairman of the House Committee on want to thank my good friend, the gen- be delayed unduly. The study is a re- the Judiciary. tleman from North Carolina [Mr. sponsible method to evaluate any pro- (Mr. HYDE asked and was given per- COBLE], for yielding me this time and spective split in the ninth circuit and mission to revise and extend his re- for working so hard. I do believe I had is generally overdue. marks.) something to do with this working on a Now, Mr. Speaker, I want to add as Mr. HYDE. Mr. Speaker, I thank the compromise between the gentleman well that this is not to be exclusively gentleman for yielding me this time. I from Montana [Mr. HILL], and of course restricted to the ninth circuit. This am strongly in support of H.R. 908. It the chairman of the committee itself. commission, hopefully, will examine was reported unanimously by the Com- I strongly support H.R. 908, but I the entire system and come back with mittee on the Judiciary and addresses want to talk about the ninth circuit it- a recommendation that the commis- in a comprehensive manner and in a bi- self. It is an empire. A lot of people do sion deems appropriate. partisan manner some of the concerns not understand this. It covers a land Many people have been involved in that exist about the Federal court sys- mass the size of Western Europe, in- this. We have compromised here and tem. cluding nine States and two territories. This bill creates a Commission on there. It was initially designed to be a It serves over 15 million people, more Structural Alternatives for the Federal 2-year study. That has been reduced to than our largest city, larger than New Courts of Appeals. In 1990, the Federal 18 months. So many people have given York or Los Angeles. It is a monstrous Courts Study Committee that had been and taken on this, and I think it is, in responsibility, and it is a court that is created by statute in 1988 concluded its present form, a good bill and I urge overburdened at this time. the appellate courts were experiencing its passage. If I can say another thing about Alas- a crisis of volume. The study commit- Mr. Speaker, I reserve the balance of ka. Sometimes I think one of the rea- tee expressed the view that— my time. sons it is overburdened is they take Ms. LOFGREN. Mr. Speaker, I yield Within as few as 5 years, the Nation would cases that mean very little. We have a myself such time as I may consume. have to decide whether or not to abandon the present circuit structure in favor of an alter- highway that we would like to extend H.R. 908, as the chairman has just 1 outlined, creates a commission to native structure that might better organize 2 ⁄2 miles, that everybody agrees with study the structural alternatives for the more numerous appellate judges needed in the State of Alaska, including the to grapple with the swollen caseload. the Federal appellate court system. State itself and all those people in the With the expanding caseload in our The committee’s report presented small community, with a railroad that Federal courts, there is concern several structural alternatives, but did goes through a tunnel at this time. And throughout the Nation and in the cir- not endorse any of them. Instead, it because the trustees of Alaska filed a cuits, and nowhere has that concern called for further inquiry and discus- suit, the ninth circuit decided to hold been greater than in the ninth circuit, sion. The proposed commission would up construction for 6 months. composed of my home State of Califor- thus take up where the Federal Court Now, this is an example of a court nia, as well as the States of Oregon, Study Committee left off. being out of touch with the people of Washington, Idaho, Montana, Nevada, It is important to note that recent America and the people they represent. Arizona, Alaska, and Hawaii. statistics reflect the fact that in fiscal Not judicially. They had to review. As the chairman has mentioned, in- 1996, the number of appeals filed in the So I suggest one thing. I would like creases in the number of filings in the 12 regional courts of appeals rose 4 per- to split the court. This bill does not do Federal courts have greatly outpaced cent to 51,991. This is an all-time high that. I am the extreme. I think the the growth in the Federal judiciary and in filings, with eight circuits reporting court should be split at this time so it has greatly enlarged the caseload of increases. Clearly, this study the com- serves the people as a whole, not to each judge, often to more than man- mittee proposed in H.R. 908 could not guard massive cities. But I cannot do ageable levels. As we approach the next be more timely. this. century, I think it is entirely appro- The goal of the commission will be to So this bill right now is a com- priate to examine the structure of the study the entire Federal appellate promise to set up the commission to Federal judiciary, and I strongly sup- court system, but, of course, with a establish what I think they will find port this legislation. particular view toward addressing the out, that I am correct, that the court While it is true that the initial impe- problems facing the largest and most should be split. It is the right thing, tus for this bill were proposals to split diverse circuit we have, the ninth. The and I urge the passage of this legisla- the ninth circuit, the proposed com- bipartisan structure of the commission tion. mission actually has a broader man- is designed to guarantee a fair process, Mr. COBLE. Mr. Speaker, I yield 2 date, as the chairman has just out- give credibility to the commission’s minutes to the gentleman from Mon- lined, than studying the ninth circuit. recommendations and ensure the integ- tana [Mr. HILL]. In fact, as we enter the 21st century, rity of the Federal court system. We Mr. HILL. Mr. Speaker, I rise today we need to take a look at the entire cannot subject something as important in strong support of House Resolution range of possibilities. as the structure of our courts to politi- 908, and I want to thank particularly Certainly the commission could cal gamesmanship or predetermine the the gentleman from Illinois [Mr. HYDE] make a recommendation to split one of commission’s recommendations. and the gentleman from North Caro- the circuits, to reconfigure the circuits Problems do exist in the size and lina [Mr. COBLE] and their staffs for and the Congress could follow the Com- makeup of the ninth circuit, and the their work in bringing this revised ver- mission’s recommendation or be free to committee is convinced that the com- sion of House Resolution 908 to the choose another alternative. But what- mission established in this bill will ex- floor. I especially want to thank the ever we intend to do, I know that we amine these problems in an equitable gentleman from North Carolina for ac- will be better off with the expert advice fashion. The study called for in H.R. commodating my concerns and the peo- that this commission will provide to 908 is a responsible method to evaluate ple of Montana. us. It is always better to have good, the structure of the Federal appellate Mr. Speaker, justice delayed is jus- thoughtful, expert advice than to sim- courts and make recommendations tice denied. We need to study the prob- ply move forward, especially in dealing that can provide a sound foundation for lems of the Ninth Circuit Court and ad- with the judiciary. congressional action in the future, and dress the concerns that Montanans So I am happy to join the chairman so I strongly urge my colleagues to have expressed to me, that they are not of the committee and my colleagues on vote in favor of H.R. 908. obtaining the same level of judicial June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3225 consideration as residents of other cir- sidered to be made to a section or provision with the provisions of this Act, protection, cuits. of the National Wildlife Refuge System Ad- research, census, law enforcement, habitat Considering the size of the circuit, ministration Act of 1966 (16 U.S.C. 668dd et management, propagation, live trapping and the Ninth Circuit is comprised not only seq.). transplantation, and regulated taking. SEC. 2. FINDINGS. ‘‘(5) The term ‘Coordination Area’ means a of Montana but eight other States and The Congress finds the following: wildlife management area that is made two principalities. The Ninth Circuit (1) The National Wildlife Refuge System is available to a State— Court is about twice the size of the comprised of over 92,000,000 acres of Federal ‘‘(A) by cooperative agreement between the next circuit court in both population lands that have been incorporated within 509 United States Fish and Wildlife Service and and geography. The caseload is among individual units located in all 50 States and a State agency having control over wildlife the highest. It is the fastest growing the territories of the United States. resources pursuant to section 4 of the Fish area of the Nation and the time to (2) The System was created to conserve and Wildlife Coordination Act (16 U.S.C. 664); complete an average appeal is more fish, wildlife, and plants and their habitats or and this conservation mission has been fa- ‘‘(B) by long-term leases or agreements than 14 months, which is 4 months cilitated by providing Americans opportuni- pursuant to title III of the Bankhead-Jones longer than the national average. Its 28 ties to participate in compatible wildlife-de- Farm Tenant Act (50 Stat. 525; 7 U.S.C. 1010 judges are about twice the rec- pendent recreation, including fishing and et seq.). ommended number for an appellate hunting, on System lands and to better ap- ‘‘(6) The term ‘Director’ means the Direc- court. preciate the value of and need for fish and tor of the United States Fish and Wildlife Mr. Speaker, I have worked hard and wildlife conservation. Service or a designee of that Director. will continue to work with other Mem- (3) The System serves a pivotal role in the ‘‘(7) The terms ‘fish’, ‘wildlife’, and ‘fish bers of Congress to address this prob- conservation of migratory birds, anadromous and wildlife’ mean any wild member of the and interjurisdictional fish, marine mam- animal kingdom whether alive or dead, and lem. The sooner we study the problems mals, endangered and threatened species, regardless of whether the member was bred, of the Ninth Circuit Court, the sooner and the habitats on which these species de- hatched, or born in captivity, including a Montanans’ justice will be neither de- pend. part, product, egg, or offspring of the mem- nied nor delayed. (4) The System assists in the fulfillment of ber. Ms. LOFGREN. Mr. Speaker, I yield important international treaty obligations ‘‘(8) The term ‘person’ means any individ- myself such time as I may consume. of the United States with regard to fish, ual, partnership, corporation, or association. Mr. Speaker, I am pleased that al- wildlife, and plants and their habitats. ‘‘(9) The term ‘plant’ means any member of though there may be at this point dif- (5) The System includes lands purchased the plant kingdom in a wild, unconfined not only through the use of tax dollars but state, including any plant community, seed, ferent hunches on how we are going to also through the proceeds from sales of Duck root, or other part of a plant. go, there is unanimity that this bill be- Stamps and national wildlife refuge entrance ‘‘(10) The terms ‘purposes of the refuge’ fore us today should be supported and fees. It is a System that is financially sup- and ‘purposes of each refuge’ mean the pur- will yield good and thoughtful answers ported by those benefiting from and utilizing poses specified in or derived from the law, to the Congress as we struggle to make it. proclamation, executive order, agreement, our appellate court system work very (6) When managed in accordance with prin- public land order, donation document, or ad- well for all Americans. ciples of sound fish and wildlife management ministrative memorandum establishing, au- Mr. Speaker, I have no further re- and administration, fishing, hunting, wildlife thorizing, or expanding a refuge, refuge unit, observation, and environmental education in or refuge subunit. quests for time, and I yield back the national wildlife refuges have been and are ‘‘(11) The term ‘refuge’ means a designated balance of my time. expected to continue to be generally compat- area of land, water, or an interest in land or Mr. COBLE. Mr. Speaker, I have no ible uses. water within the System, but does not in- further requests for time, and I yield (7) On March 25, 1996, the President issued clude Coordination Areas. back the balance of my time. Executive Order 12996, which recognized ‘‘(12) The term ‘Secretary’ means the Sec- The SPEAKER pro tempore (Mr. MIL- ‘‘compatible wildlife-dependent recreational retary of the Interior. LER of Florida). The question is on the uses involving hunting, fishing, wildlife ob- ‘‘(13) The terms ‘State’ and ‘United States’ motion offered by the gentleman from servation and photography, and environ- mean the several States of the United mental education and interpretation as pri- States, Puerto Rico, American Samoa, the North Carolina [Mr. COBLE] that the ority public uses of the Refuge System’’. Virgin Islands, Guam, and the territories and House suspend the rules and pass the (8) Executive Order 12996 is a positive step possessions of the United States. bill, H.R. 908, as amended. and serves as the foundation for the perma- ‘‘(14) The term ‘System’ means the Na- The question was taken; and (two- nent statutory changes made by this Act. tional Wildlife Refuge System designated thirds having voted in favor thereof) SEC. 3. DEFINITIONS. under section 4(a)(1). the rules were suspended and the bill, (a) IN GENERAL.—Section 5 (16 U.S.C. 668ee) ‘‘(15) The terms ‘take’, ‘taking’, and as amended, was passed. is amended to read as follows: ‘taken’ mean to pursue, hunt, shoot, capture, A motion to reconsider was laid on ‘‘SEC. 5. DEFINITIONS. collect, or kill, or to attempt to pursue, hunt, shoot, capture, collect, or kill.’’. the table. ‘‘For purposes of this Act: ‘‘(1) The term ‘compatible use’ means a use (b) CONFORMING AMENDMENT.—Section 4 (16 f of a refuge that, in the sound professional U.S.C. 668dd) is amended by striking ‘‘Sec- judgment of the Director, will not materially retary of the Interior’’ each place it appears NATIONAL WILDLIFE REFUGE SYS- interfere with or detract from the fulfill- and inserting ‘‘Secretary’’. TEM IMPROVEMENT ACT OF 1997 ment of the mission of the System or the SEC. 4. MISSION OF THE SYSTEM. Mr. YOUNG of Alaska. Mr. Speaker, I purposes of the refuge. Section 4(a) (16 U.S.C. 668dd(a)) is amend- move to suspend the rules and pass the ‘‘(2) The terms ‘wildlife-dependent recre- ed— (1) by redesignating paragraphs (2) and (3) bill (H.R. 1420) to amend the National ation’ and ‘wildlife-dependent recreational use’ mean a use of a refuge involving hunt- as paragraphs (5) and (6), respectively; Wildlife Refuge System Administration ing, fishing, wildlife observation and photog- (2) in clause (i) of paragraph (6) (as so re- Act of 1966 to improve the management raphy, or environmental education and in- designated), by striking ‘‘paragraph (2)’’ and of the National Wildlife Refuge Sys- terpretation. inserting ‘‘paragraph (5)’’; and tem, and for other purposes, as amend- ‘‘(3) The term ‘sound professional judg- (3) by inserting after paragraph (1) the fol- ed. ment’ means a finding, determination, or de- lowing new paragraph: The Clerk read as follows: cision that is consistent with principles of ‘‘(2) The mission of the System is to ad- sound fish and wildlife management and ad- minister a national network of lands and wa- H.R. 1420 ministration, available science and re- ters for the conservation, management, and Be it enacted by the Senate and House of Rep- sources, and adherence to the requirements where appropriate, restoration of the fish, resentatives of the United States of America in of this Act and other applicable laws. wildlife, and plant resources and their habi- Congress assembled, ‘‘(4) The terms ‘conserving’, ‘conservation’, tats within the United States for the benefit SECTION 1. SHORT TITLE; REFERENCES. ‘manage’, ‘managing’, and ‘management’, of present and future generations of Ameri- (a) SHORT TITLE.—This Act may be cited as mean to sustain and, where appropriate, re- cans.’’. the ‘‘National Wildlife Refuge System Im- store and enhance, healthy populations of SEC. 5. ADMINISTRATION OF THE SYSTEM. provement Act of 1997’’. fish, wildlife, and plants utilizing, in accord- (a) ADMINISTRATION GENERALLY.—Section (b) REFERENCES.—Whenever in this Act an ance with applicable Federal and State laws, 4(a) (16 U.S.C. 668dd(a)), as amended by sec- amendment or repeal is expressed in terms of methods and procedures associated with tion 4 of this Act, is further amended by in- an amendment to, or repeal of, a section or modern scientific resource programs. Such serting after new paragraph (2) the following other provision, the reference shall be con- methods and procedures include, consistent new paragraphs: H3226 CONGRESSIONAL RECORD — HOUSE June 3, 1997 ‘‘(3) With respect to the System, it is the essary to facilitate military preparedness; ‘‘(v) provide for the expedited consider- policy of the United States that— and ation of uses that will likely have no det- ‘‘(A) each refuge shall be managed to fulfill ‘‘(M) ensure timely and effective coopera- rimental effect on the fulfillment of the pur- the mission of the System, as well as the tion and collaboration with Federal agencies poses of a refuge or the mission of the Sys- specific purposes for which that refuge was and State fish and wildlife agencies during tem; established; the course of acquiring and managing ref- ‘‘(vi) provide for the elimination or modi- ‘‘(B) compatible wildlife-dependent recre- uges.’’. fication of any use as expeditiously as prac- ation is a legitimate and appropriate general (b) POWERS.—Section 4(b) (16 U.S.C. ticable after a determination is made that public use of the System, directly related to 668dd(b)) is amended— the use is not a compatible use; the mission of the System and the purposes (1) in the matter preceding paragraph (1) ‘‘(vii) require, after an opportunity for pub- of many refuges, and which generally fosters by striking ‘‘authorized—’’ and inserting lic comment, reevaluation of each existing refuge management and through which the ‘‘authorized to take the following actions:’’; use, other than those uses specified in clause American public can develop an appreciation (2) in paragraph (1) by striking ‘‘to enter’’ (viii), if conditions under which the use is for fish and wildlife; and inserting ‘‘Enter’’; permitted change significantly or if there is ‘‘(C) compatible wildlife-dependent rec- (3) in paragraph (2)— significant new information regarding the ef- reational uses are the priority general public (A) by striking ‘‘to accept’’ and inserting fects of the use, but not less frequently than uses of the System and shall receive priority ‘‘Accept’’; and once every 10 years, to ensure that the use consideration in refuge planning and man- (B) by striking ‘‘, and’’ and inserting a pe- remains a compatible use; agement; and riod; ‘‘(viii) require, after an opportunity for ‘‘(D) when the Secretary determines that a (4) in paragraph (3) by striking ‘‘to ac- public comment, reevaluation of each com- proposed wildlife-dependent recreational use quire’’ and inserting ‘‘Acquire’’; and patible wildlife-dependent recreational use is a compatible use within a refuge, that ac- (5) by adding at the end the following new when conditions under which the use is per- tivity should be facilitated, subject to such paragraphs: mitted change significantly or if there is sig- restrictions or regulations as may be nec- ‘‘(4) Subject to standards established by nificant new information regarding the ef- essary, reasonable, and appropriate. and the overall management oversight of the fects of the use, but not less frequently than ‘‘(4) In administering the System, the Sec- Director, and consistent with standards es- in conjunction with each preparation or revi- retary shall— tablished by this Act, to enter into coopera- sion of a conservation plan under subsection ‘‘(A) provide for the conservation of fish, tive agreements with State fish and wildlife (e) or at least every 15 years, whichever is wildlife, and plants, and their habitats with- agencies for the management of programs on earlier; and in the System; a refuge. ‘‘(ix) provide an opportunity for public re- ‘‘(B) ensure that the biological integrity, ‘‘(5) Issue regulations to carry out this view and comment on each evaluation of a diversity, and environmental health of the Act.’’. use, unless an opportunity for public review System are maintained for the benefit of SEC. 6. COMPATIBILITY STANDARDS AND PROCE- and comment on the evaluation of the use DURES. present and future generations of Americans; has already been provided during the devel- Section 4(d) (16 U.S.C. 668dd(d)) is amended ‘‘(C) plan and direct the continued growth opment or revision of a conservation plan for by adding at the end the following new para- of the System in a manner that is best de- the refuge under subsection (e) or has other- graphs: wise been provided during routine, periodic signed to accomplish the mission of the Sys- ‘‘(3)(A)(i) Except as provided in clause (iv), tem, to contribute to the conservation of the determinations of compatibility for wildlife- the Secretary shall not initiate or permit a dependent recreational uses. ecosystems of the United States, to com- new use of a refuge or expand, renew, or ex- plement efforts of States and other Federal tend an existing use of a refuge, unless the ‘‘(4) The provisions of this Act relating to agencies to conserve fish and wildlife and Secretary has determined that the use is a determinations of the compatibility of a use their habitats, and to increase support for compatible use and that the use is not incon- shall not apply to— the System and participation from conserva- sistent with public safety. The Secretary ‘‘(A) overflights above a refuge; and tion partners and the public; may make the determinations referred to in ‘‘(B) activities authorized, funded, or con- ‘‘(D) ensure that the mission of the System this paragraph for a refuge concurrently ducted by a Federal agency (other than the described in paragraph (2) and the purposes with development of a conservation plan United States Fish and Wildlife Service) of each refuge are carried out, except that if under subsection (e). which has primary jurisdiction over a refuge a conflict exists between the purposes of a ‘‘(ii) On lands added to the System after or a portion of a refuge, if the management refuge and the mission of the System, the March 25, 1996, the Secretary shall identify, of those activities is in accordance with a conflict shall be resolved in a manner that prior to acquisition, withdrawal, transfer, re- memorandum of understanding between the first protects the purposes of the refuge, and, classification, or donation of any such lands, Secretary or the Director and the head of the to the extent practicable, that also achieves existing compatible wildlife-dependent rec- Federal agency with primary jurisdiction the mission of the System; reational uses that the Secretary determines over the refuge governing the use of the ref- ‘‘(E) ensure effective coordination, inter- shall be permitted to continue on an interim uge.’’. action, and cooperation with owners of land basis pending completion of the comprehen- sive conservation plan for the refuge. SEC. 7. REFUGE CONSERVATION PLANNING PRO- adjoining refuges and the fish and wildlife GRAM. agency of the States in which the units of ‘‘(iii) Wildlife-dependent recreational uses the System are located; may be authorized on a refuge when they are (a) IN GENERAL.—Section 4 (16 U.S.C. 668dd) ‘‘(F) assist in the maintenance of adequate compatible and not inconsistent with public is amended— water quantity and water quality to fulfill safety. Except for consideration of consist- (1) by redesignating subsections (e) the mission of the System and the purposes ency with State laws and regulations as pro- through (i) as subsections (f) through (j), re- of each refuge; vided for in subsection (m), no other deter- spectively; and minations or findings are required to be ‘‘(G) acquire, under State law, water rights (2) by inserting after subsection (d) the fol- made by the refuge official under this Act or that are needed for refuge purposes; lowing new subsection: the Refuge Recreation Act for wildlife-de- ‘‘(H) recognize compatible wildlife-depend- ‘‘(e)(1)(A) Except with respect to refuge pendent recreation to occur. ent recreational uses as the priority general ‘‘(iv) Compatibility determinations in ex- lands in Alaska (which shall be governed by public uses of the System through which the istence on the date of enactment of the Na- the refuge planning provisions of the Alaska American public can develop an appreciation tional Wildlife Refuge System Improvement National Interest Lands Conservation Act (16 for fish and wildlife; Act of 1997 shall remain in effect until and U.S.C. 3101 et seq.)), the Secretary shall— ‘‘(I) ensure that opportunities are provided unless modified. ‘‘(i) propose a comprehensive conservation within the System for compatible wildlife- ‘‘(B) Not later than 24 months after the plan for each refuge or related complex of dependent recreational uses; date of the enactment of the National Wild- refuges (referred to in this subsection as a ‘‘(J) ensure that priority general public life Refuge System Improvement Act of 1997, ‘planning unit’) in the System; uses of the System receive enhanced consid- the Secretary shall issue final regulations ‘‘(ii) publish a notice of opportunity for eration over other general public uses in establishing the process for determining public comment in the Federal Register on planning and management within the Sys- under subparagraph (A) whether a use of a each proposed conservation plan; tem; refuge is a compatible use. These regulations ‘‘(iii) issue a final conservation plan for ‘‘(K) provide increased opportunities for shall— each planning unit consistent with the provi- families to experience compatible wildlife- ‘‘(i) designate the refuge official respon- sions of this Act and, to the extent prac- dependent recreation, particularly opportu- sible for making initial compatibility deter- ticable, consistent with fish and wildlife con- nities for parents and their children to safely minations; servation plans of the State in which the ref- engage in traditional outdoor activities, ‘‘(ii) require an estimate of the timeframe, uge is located; and such as fishing and hunting; location, manner, and purpose of each use; ‘‘(iv) not less frequently than 15 years after ‘‘(L) continue, consistent with existing ‘‘(iii) identify the effects of each use on ref- the date of issuance of a conservation plan laws and interagency agreements, authorized uge resources and purposes of each refuge; under clause (iii) and every 15 years there- or permitted uses of units of the System by ‘‘(iv) require that compatibility determina- after, revise the conservation plan as may be other Federal agencies, including those nec- tions be made in writing; necessary. June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3227 ‘‘(B) The Secretary shall prepare a com- ‘‘(k) Notwithstanding any other provision I am pleased that the House is now prehensive conservation plan under this sub- of this Act, the Secretary may temporarily considering H.R. 1420, a bill that will section for each refuge within 15 years after suspend, allow, or initiate any activity in a modernize the National Wildlife Refuge the date of enactment of the National Wild- refuge in the System if the Secretary deter- System Administration Act of 1966. life Refuge System Improvement Act of 1997. mines it is necessary to protect the health ‘‘(C) The Secretary shall manage each ref- and safety of the public or any fish or wild- When I began this effort over 2 years uge or planning unit under plans in effect on life population. ago, my goal was to enact an organic the date of enactment of the National Wild- ‘‘(l) Nothing in this Act shall be construed law that would ensure a bright future life Refuge System Improvement Act of 1997, to authorize the Secretary to control or reg- for our Nation’s 92 million-acre refuge to the extent such plans are consistent with ulate hunting or fishing of fish and resident system. Our objectives also included this Act, until such plans are revised or su- wildlife on lands or waters that are not with- creation of a statutory shield to ensure perseded by new comprehensive conservation in the System. that hunting and fishing and other ‘‘(m) Nothing in this Act shall be con- plans issued under this subsection. forms of wildlife dependent recreation ‘‘(D) Uses or activities consistent with this strued as affecting the authority, jurisdic- Act may occur on any refuge or planning tion, or responsibility of the several States could continue within the system and unit before existing plans are revised or new to manage, control, or regulate fish and resi- to facilitate those traditional activi- comprehensive conservation plans are issued dent wildlife under State law or regulations ties, where compatible, with conserva- under this subsection. in any area within the System. Regulations tion. In my judgment, this legislation ‘‘(E) Upon completion of a comprehensive permitting hunting or fishing of fish and will accomplish these goals. conservation plan under this subsection for a resident wildlife within the System shall be, H.R. 1420 is the product of many long refuge or planning unit, the Secretary shall to the extent practicable, consistent with hours of thoughtful negotiations be- manage the refuge or planning unit in a State fish and wildlife laws, regulations, and management plans. tween the Department of the Interior, manner consistent with the plan and shall and I want to stress that, between the revise the plan at any time if the Secretary ‘‘(n)(1) Nothing in this Act shall— determines that conditions that affect the ‘‘(A) create a reserved water right, express Department of the Interior, the origi- refuge or planning unit have changed signifi- or implied, in the United States for any pur- nal cosponsor of the bill, the staff of cantly. pose; the gentleman from California, Mr. ‘‘(2) In developing each comprehensive con- ‘‘(B) affect any water right in existence on MILLER, and those representing the servation plan under this subsection for a the date of enactment of the National Wild- hunting, conservation, and environ- planning unit, the Secretary, acting through life Refuge System Improvement Act of 1997; mental communities. In particular, I the Director, shall identify and describe— or ‘‘(C) affect any Federal or State law in ex- want to compliment Secretary Bruce ‘‘(A) the purposes of each refuge compris- Babbitt for his personal commitment ing the planning unit; istence on the date of the enactment of the ‘‘(B) the distribution, migration patterns, National Wildlife Refuge System Improve- to this effort and for hosting these dis- and abundance of fish, wildlife, and plant ment Act of 1997 regarding water quality or cussions. This process could well serve populations and related habitats within the water quantity. as a model to resolve other legislative planning unit; ‘‘(2) Nothing in this Act shall diminish or differences. ‘‘(C) the archaeological and cultural values affect the ability to join the United States in I would also like to thank my good of the planning unit; the adjudication of rights to the use of water friend, I just noticed he was on the ‘‘(D) such areas within the planning unit pursuant to the McCarran Act (43 U.S.C. 666). floor, I do not know where he went, the that are suitable for use as administrative ‘‘(o) Coordination with State fish and wild- life agency personnel or with personnel of gentleman from Michigan [Mr. DIN- sites or visitor facilities; other affected State agencies pursuant to GELL], who was the father of the ref- ‘‘(E) significant problems that may ad- this Act shall not be subject to the Federal uges. He worked very hard with me versely affect the populations and habitats Advisory Committee Act (5 U.S.C. App.).’’. of fish, wildlife, and plants within the plan- over the years developing these refuges (b) CONFORMING AMENDMENT.—Section 4(c) ning unit and the actions necessary to cor- and the refuge system itself. Without (16 U.S.C. 668dd(c)) is amended by striking his leadership, I doubt if this could rect or mitigate such problems; and the last sentence. ‘‘(F) opportunities for compatible wildlife- have taken place. And again I want to SEC. 9. STATUTORY CONSTRUCTION WITH RE- dependent recreational uses. SPECT TO ALASKA. thank the staff for participating be- ‘‘(3) In preparing each comprehensive con- (a) IN GENERAL.—Nothing in this Act is in- cause they worked very hard. servation plan under this subsection, and tended to affect— But H.R. 1420 is not a perfect bill. It any revision to such a plan, the Secretary, (1) the provisions for subsistence uses in is not everything I wanted. I want to acting through the Director, shall, to the Alaska set forth in the Alaska National In- maximum extent practicable and consistent stress it is a compromise that has been terest Lands Conservation Act (Public Law endorsed by the Clinton administration with this Act— 96–487), including those in titles III and VIII ‘‘(A) consult with adjoining Federal, State, and with such diverse groups as the of that Act; Izaak Walton League, the National local, and private landowners and affected (2) the provisions of section 102 of the Alas- State conservation agencies; and ka National Interest Lands Conservation Rifle Association, the International ‘‘(B) coordinate the development of the Act, the jurisdiction over subsistence uses in Association of Fish and Wildlife Agen- conservation plan or revision with relevant Alaska, or any assertion of subsistence uses cies, Safari Club International, Wildlife State conservation plans for fish and wildlife in Alaska in the Federal courts; and Legislative Fund of America, and the and their habitats. (3) the manner in which section 810 of the ‘‘(4)(A) In accordance with subparagraph Wildlife Management Institute. I want Alaska National Interest Lands Conserva- (B), the Secretary shall develop and imple- to stress that these people support this tion Act is implemented in national wildlife ment a process to ensure an opportunity for legislation. refuges in Alaska. active public involvement in the preparation The major components of this new (b) CONFLICTS OF LAWS.—If any conflict and revision of comprehensive conservation arises between any provision of this Act and bill are that it statutorily defines the plans under this subsection. At a minimum, any provision of the Alaska National Inter- term ‘‘compatible use.’’ While the ref- the Secretary shall require that publication est Lands Conservation Act, then the provi- uge manager will retain the power to of any final plan shall include a summary of sion in the Alaska National Interest Lands determine what is compatible, this lan- the comments made by States, owners of ad- Conservation Act shall prevail. guage should provide the necessary jacent or potentially affected land, local gov- ernments, and any other affected persons, The SPEAKER pro tempore. Pursu- guidance to make the proper decision. and a statement of the disposition of con- ant to the rule, the gentleman from b 1445 cerns expressed in those comments. Alaska [Mr. YOUNG] and the gentleman ‘‘(B) Prior to the adoption of each com- from Hawaii [Mr. ABERCROMBIE] each It defines the term ‘‘wildlife depend- prehensive conservation plan under this sub- will control 20 minutes. ent recreation’’ to mean hunting, fish- section, the Secretary shall issue public no- The Chair recognizes the gentleman ing, wildlife observation and photog- tice of the draft proposed plan, make copies from Alaska [Mr. YOUNG]. raphy, or environmental education and of the plan available at the affected field and Mr. YOUNG of Alaska. Mr. Speaker, I interpretation and expressly recognizes regional offices of the United States Fish yield myself such time as I may these as priority uses of the system. and Wildlife Service, and provide oppor- This bill neither mandates nor pro- tunity for public comment.’’. consume. (Mr. YOUNG of Alaska asked and was hibits such nonwildlife-dependent ac- SEC. 8. EMERGENCY POWER; STATE AUTHORITY; WATER RIGHTS; COORDINATION. given permission to revise and extend tivities such as grazing, jet skiing, or (a) IN GENERAL.—Section 4 (16 U.S.C. 668dd) his remarks.) oil and gas development. is further amended by adding at the end the Mr. YOUNG of Alaska. Mr. Speaker, The bill will establish for the first following new subsections: as the chief sponsor of this legislation, time a mission for our Nation’s 509 H3228 CONGRESSIONAL RECORD — HOUSE June 3, 1997 wildlife refuges. This statement stipu- leagues that were involved directly in Mr. Speaker, I rise in support of H.R. lates that the mission of the system is this legislation. 1420, the bill known as the National to administer a national network of Mr. Speaker, I reserve the balance of Wildlife Refuge System Improvement lands and waters for the conservation, my time. Act. Mr. Speaker, as my colleagues management and, where appropriate, Mr. ABERCROMBIE. Mr. Speaker, I may know, when I held the first hear- the restoration of fish, wildlife, and yield myself such time as I may ing on the first version of the bill be- plant resources and their habitats for consume. fore the Fisheries Conservation, Wild- the benefit of present and future gen- Mr. Speaker, I am pleased to rise in life and Oceans Subcommittee, it erations of Americans. support of H.R. 1420. This compromise sparked a lively debate and was quite When administering the system, it is clearly establishes the conservation contentious. Nevertheless, all wit- the policy of the United States that mission of the National Wildlife Refuge nesses agreed that the problems of the compatible wildlife-dependent recre- System while ensuring the compatible refuge system needed to be addressed. ation is a legitimate and appropriate wildlife-dependent recreation contin- When I suggested that the differing general public use of the system and ues to have a place within the system parties should work together to find a will be given priority consideration in as well. It requires that all uses of the common solution, I would not have refuge planning and management. In system meet the same objective tests guessed that these discussions would addition, the Secretary is directed to of compatibility. culminate in legislation supported by ensure that opportunities are provided If and when hunting, bird watching, such a diverse group of environmental for compatible wildlife-dependent rec- or other forms of wildlife-dependent and hunting organizations as we have reational activities within the refuge recreation are found compatible with found support this bill today. system. wildlife conservation, they are given Today we have before us a bill that is Finally, Congress finds that these ac- priority treatment over nonwildlife-de- supported by Secretary of the Interior, tivities, including hunting and fishing, pendent uses of the system. This is a Bruce Babbitt, the gentleman from sound policy that ensures conservation have been and are expected to be gen- Alaska [Mr. YOUNG], chairman of the erally compatible with the mission of is paramount, while providing maxi- Resources Committee, the gentleman mum opportunities for compatible the system and purposes of the refuges. from California [Mr. MILLER], the The legislation contains an impor- wildlife-dependent recreation for the ranking member, the gentleman from tant requirement that the U.S. Fish public. Our job here is to provide a Hawaii [Mr. ABERCROMBIE], the ranking good blueprint for managing the refuge and Wildlife Service make a determina- member of the Fish, Conservation, system and let the wildlife manage- tion, prior to land acquisition, whether Wildlife and Oceans Subcommittee, the ment professional take it from there. existing wildlife-dependent uses may gentleman from Michigan [Mr. Din- This bill does that. We should pass it continue during the implementation of gell], ranking member of the Energy and let the professional get back to a management plan. By so doing, the and Commerce Committee, Members of citizens will know up front whether work. both sides of the aisle, and the admin- their favorite fishing and hunting spots Mr. Speaker, H.R. 1420 is a good ex- ample of bipartisanship, perhaps more istration. will remain open and, if they are un- In my view, Mr. Speaker, this is ex- happy with the decision, they can appropriately, nonpartisanship. I want to commend Secretary Babbitt, the actly the kind of process that we ought lobby their congressman prior to the to have in the House to solve problems gentleman from Alaska [Mr. YOUNG], acquisition of the proposed refuge land. that are unique and of importance to H.R. 1420 requires the completion of a the gentleman from New Jersey [Mr. the American people and the habitat in conservation plan for each of the 509 SAXTON], the gentleman from Califor- which wildlife survives. This com- refuges within 15 years of the date of nia [Mr. MILLER], the ranking member, promise legislation, which the gen- enactment. We should know what kind and the gentleman from Michigan [Mr. tleman from Alaska [Mr. YOUNG] has so of natural or wildlife resources exist on DINGELL], who is here, as mentioned by these refuges. the gentleman from Alaska [Mr. eloquently described, contains a provi- Finally, this bill contains language YOUNG], and the various interest sion that I believe is the linchpin to that ensures that the act will not af- groups for all their hard work in continuing public support for the ref- fect Federal, State, or local water crafting legislation that satisfies a di- uge system. rights and will not affect the Alaska versity of needs while preserving a fun- As the law currently stands, as soon National Interest Lands Conservation damental mission of the system. as refuge lands are acquired, the door Act. The key fundamental change be- Mr. Speaker, I might say that that to public use is immediately slammed tween this legislation and H.R. 511 is lineup of people that I just enumerated shut. The many hunters, fishers, the deletion of the six systemwide pur- is a living example of diversity of needs birders, and environmental groups that poses. Under this compromise measure, while preserving the fundamental mis- have been using the land for recreation the hierarchical structure will be the sion of the House of Representatives. and education have worked hard to pre- conservation mission of the system, Perhaps we can apply the same ap- serve the land and then are prevented the purposes of each individual refuge proach to address the backlog of man- from further use. No sound conserva- unit, compatible wildlife-dependent agement needs plaguing our wildlife tion reason can explain this and pre- recreational uses, and then nonwildlife- refuges. If the refuge system had ade- vent them from using it. dependent activities. quate resources, the various user I have urged for years that this ac- While States will retain primacy groups might not be fighting each tion erodes public support and creates over the management of fish and wild- other so much over access and manage- unnecessary ill feelings toward the ref- life, the mission of the refuge system ment decisions. The House’s adoption uge system and its managers. The bill will be satisfied and individuals will of this legislation today is a significant eliminates this unnecessary situation. have an opportunity to enjoy compat- step forward in recognizing the impor- It will require the U.S. Fish and Wild- ible wildlife-dependent recreation. tance of wildlife refuges and addressing life Service to make a determination After all, it is the American people who their problems. prior to land acquisition whether exist- have helped to pay for the acquisition I urge, as the gentleman from Alaska ing wildlife-dependent uses may con- of the 92 million acres of Federal ref- [Mr. YOUNG] did, all of our colleagues tinue during the implementation of a uge lands with their hard-earned tax to support the bill. management plan. In other words, the dollars. Mr. Speaker, I reserve the balance of door does not slam shut. In the final analysis, this is a sound my time. By so doing, citizens will know up piece of conservation legislation that Mr. YOUNG of Alaska. Mr. Speaker, I front whether their favorite fishing or is true to the legacy of Theodore Roo- yield such time as he may consume to hunting spots will remain open. And if sevelt and reaffirms the vision of the the gentleman from New Jersey [Mr. they are unhappy with that decision or National Wildlife Refuge System Ad- SAXTON]. that proposal, they can lobby their ministration Act of 1966. Mr. SAXTON. Mr. Speaker, I thank congressional Representative prior to I urge an ‘‘aye’’ vote on H.R. 1420, the gentleman for yielding me the the acquisition of refuge lands. I be- and again I want to thank all my col- time. lieve that retaining some modicum of June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3229 control will keep the public support of islation. It is a fine piece of legislation. wildlife-dependent activities, like refuges high and decrease hard feelings It is a strong piece of legislation. It hunting. between users and land managers. will protect one of the Nation’s most And I would remind all my colleagues Mr. Speaker, during his opening precious resources, our national wild- and everybody in and outside this body statement, the gentleman from Alaska life refuge system, hundreds of areas, that it was the hunters who set up and [Mr. YOUNG] made reference to a num- and millions of acres, and they will be who maintained and who preserved, ber of groups that support this bill. I protected for the future, but they will protected, and funded the wildlife ref- would like to add to that list the Na- be under wise use. uge system, and it is the hunter with tional Wildlife Federation, who say in My colleagues might perhaps wonder his small contribution of one duck the letter drafted and dated May 29, why I rise here today. My first reason stamp each hunting season that makes ‘‘The negotiations by your staff,’’ re- is to commend my colleagues who have possible the continued acquisition of ferring to the gentleman from Alaska participated in this, the gentleman land for the precious purpose of pro- [Mr. YOUNG], ‘‘with the Clinton admin- from Alaska [Mr. YOUNG], my dear tecting this system. istration and Members of Congress friend of long standing, the chairman I hope that my colleagues will recog- have resulted in a carefully crafted of the committee, the gentleman from nize that this is good, sound, necessary proposal with broad support. We sup- New Jersey [Mr. SAXTON], my good legislation, and I hope that they will port H.R. 1420.’’ That is the National friend, the gentleman from Hawaii [Mr. recognize that many of the important Wildlife Federation. ABERCROMBIE], the gentleman from wildlife and hunting organizations sup- Mr. Speaker, this is not an all-en- California [Mr. MILLER], the ranking port this: the Wildlife Legislative compassing bill. It is probably not per- minority member of the committee, Fund, the National Wildlife Federa- fect. Few things, if any, that we do and the very fine staffs of all of us, in- tion, the National Rifle Association, here are. There are undoubtedly future cluding Dan Beattie from my staff, who the Safari Club International, and by changes that will be made to the man- participated in the work that made my colleagues who work here con- agement of the refuge system. This, this possible. stantly on behalf of conservation, my however, is a huge step in the right di- I also want to rise to commend the colleagues and friends in the Congres- rection. Secretary of the Interior, Mr. Babbitt, sional Sportsmen’s Caucus. I again want to thank all the Mem- who worked so hard and so well on this I do want to say one particular word bers and staff, specifically Sharon battle. And it is probably with some about the gentleman from Alaska [Mr. McKean, Harry Burroughs, Chris Mann, surprise that all of us who participated YOUNG], my good friend. I know he had Don Beattie, Dan Ashe and others, who in these discussions find that we have strong differences with the Secretary worked so hard to bring this com- accomplished the remarkable task of early on, and I know the Secretary had promise legislation before the House. bringing this legislation to the floor. It strong differences with my colleague. And I, of course, urge all Members to is indeed remarkable because there The two came together in a fashion support it. were great differences that existed as which does credit not only to them but Mr. Speaker, I include the following we went through the business. to this institution and to their respec- letter for the RECORD: The legislation is good. It is a succes- tive responsibilities. NATIONAL WILDLIFE FEDERATION, sor piece of legislation to the Refuge I am proud to have had a little bit to Vienna, VA, May 29, 1997. Administration Act, which years ago, do with the adoption of this legisla- Hon. DON YOUNG, when I was chairman of the Sub- tion. I want to urge my colleagues to Chairman, House Resources Committee, U.S. committee on Fisheries and Wildlife support the legislation, which brings House of Representatives, Washington, DC. Conservation of the old Merchant Ma- viability and health to 92 million acres DEAR CHAIRMAN YOUNG: I am writing to rine and Fisheries Committee, on thank you for your recent efforts on H.R. of the refuge system, which is one of 1420, the National Wildlife Refuge Adminis- which my good friend, the chairman of the greatest national treasures in the tration Act of 1997. The National Wildlife the Committee on Natural Resources possession of this country. served at that time. I want to say that Refuge System and its proper management b 1500 have long been of special interest to the Na- we were very proud of the good work tional Wildlife Federation (NWF). Your will- that we did in those great days, as we Mr. ABERCROMBIE. Mr. Speaker, I ingness to address many of the concerns we are proud of the work that we do today. yield the balance of my time to the had with the original version of the bill, H.R. The legislation protects hunting, it gentleman from American Samoa [Mr. 511, is greatly appreciated. protects wise use, it sees to it that the FALEOMAVAEGA], and I ask unanimous The negotiations by your staff with the Clinton Administration and Members of Con- refuges both insofar as their habitat consent that he be permitted to control gress have resulted in a carefully crafted and their area are protected. It also that time. proposal with broad support. We support sees to it that the wildlife species, The SPEAKER pro tempore (Mr. MIL- H.R. 1420 provided that no weakening amend- which are so precious and so important LER of Florida). Is there objection to ments are made to the bill as it moves and which are the reason for the exist- the request of the gentleman from Ha- through the legislative process. We appre- ence of the refuge system, achieve the waii? ciate and support your vigorous opposition full and necessary protection which There was no objection. to any such weakening amendments, as indi- they must have. Mr. YOUNG of Alaska. Mr. Speaker, I cated by your staff (Harry Burroughs, con- The bill expands the National Wild- yield 30 seconds to the gentleman from versation with Doug Inkley, May 29, 1997). We look forward to House approval of H.R. life Refuge System Act of 1966 by pro- New Jersey [Mr. SAXTON]. 1420 next week. viding a strong mission statement for Mr. SAXTON. I thank the gentleman Sincerely, the system and by ensuring that each for yielding me this time. MARK VAN PUTTEN, refuge is managed in a way that fulfills Mr. Speaker, I neglected to mention President. the mission of the system and the pur- the person who worked very closely Mr. ABERCROMBIE. Mr. Speaker, I pose for which the refuge was created. with me over the past couple of years yield such time as he may consume to It provides in this strong statement in preparing for today, and that, of the gentleman from Michigan [Mr. DIN- the following language: ‘‘To administer course, is Sharon McKenna, one of the GELL]. national networks of lands and waters staffers on the Resources Committee Mr. DINGELL. Mr. Speaker, I thank for the conservation, management and who is here with me today. I just want- the gentleman from Hawaii [Mr. ABER- where appropriate the restoration of ed to thank her so very much for all CROMBIE], my good friend, for yielding fish, wildlife, and plant resources and the hard work that she has done in me the time, and I want to commend their habitats with the United States preparation for today as well. him and thank him for his work on be- for the benefit of the present and fu- Mr. YOUNG of Alaska. Mr. Speaker, I half of this piece of legislation. He is a ture generations of Americans.’’ It di- yield 1 minute to the gentleman from valuable Member of this body and I am rects the service to implement con- New York [Mr. FORBES]. indeed grateful to him. servation plans and to determine the (Mr. FORBES asked and was given Mr. Speaker, I want to, first of all, compatibility of activities on the ref- permission to revise and extend his re- urge my colleagues to support this leg- uge and gives protection to compatible marks.) H3230 CONGRESSIONAL RECORD — HOUSE June 3, 1997 Mr. FORBES. Mr. Speaker, I thank tional Wildlife Refuge System Admin- Today’s vote on the National Wildlife the distinguished gentleman for yield- istration Act, provisions which are not Refuge System Improvement Act is a ing me this time to rise in support of amended by this bill. That act requires simple one as we mark National Fish- this very important legislation. I the Service to first determine that the ing Week. The road we have taken to thank him for his stewardship of this proposed right-of-way is compatible establish this common sense com- very important issue and, of course, with the purposes for which the refuge promise for the future management of our ranking member of the committee, was established. our Nation’s valuable National Wildlife in fact, the entire committee and the This bill utilizes the same definitions Refuge System is one that should be professional staff, for making possible of compatibility that the Service has followed more often. this very important legislation. used administratively for many years. The gentleman from Alaska [Mr. H.R. 1420 will finally, after 40 years, Its enactment will create no higher YOUNG], our committee chairman, Inte- give the National Wildlife Refuge Sys- standard for rights-of-way than exist rior Secretary Bruce Babbitt, the gen- tem a mission, a central mission for at present. We are changing the process tleman from Michigan [Mr. DINGELL], the Nation’s 509 wildlife refuges. It will by which decisions are made, not the the gentleman from New Jersey [Mr. make wildlife conservation the pri- standard which is used to make them. SAXTON], and the gentleman from Cali- mary purpose of all refuges, and finally The Fish and Wildlife Service accom- fornia [Mr. MILLER] should all be com- give the Fish and Wildlife Service a di- panies rights-of-way permits with mended for their energy and resolve in rective in how to best manage this pre- terms and conditions necessary to en- reaching this consensus agreement. cious resource. sure that the right-of-way remains Equally important are the nongovern- It also allows important secondary compatible. What would be examined mental organizations, including the uses, very important, such as hunting under the 10-year review required by International Association of Fish and and fishing, to continue on refuges as this bill is the compliance with the Wildlife Agencies, the Safari Club long as they are compatible with the terms and conditions of the permit, not International, the Wildlife Manage- primary purpose of the refuge, wildlife the existence of the right-of-way. The ment Institute, the Izaak Walton conservation. My good friend from Fish and Wildlife Service does this League, the Wildlife Legislative Fund Michigan just a moment ago noted now. The only change would be in the of America, the National Wildlife Fed- that it was sportsmen conservationists, process by which the review is con- eration, and the National Rifle Asso- original conservationists that made ducted. There would be no adverse im- ciation. All have made significant con- possible this setting aside of precious pacts on electrical or other rights-of- tributions to the process that brings us lands. way through this review. here today. I thank the committee, and particu- Mr. SAXTON. I understand that the I want to particularly thank the gen- larly the chairman and the ranking U.S. Fish and Wildlife Service was con- tleman from Alaska [Mr. YOUNG], the member, for their leadership on this sulted on this issue and agrees with the gentleman from Michigan [Mr. DIN- important issue. gentleman’s assessment. Is that cor- GELL], the gentleman from American Mr. YOUNG of Alaska. Mr. Speaker, I rect? Samoa [Mr. FALEOMAVAEGA], the gen- yield such time as he may consume to Mr. YOUNG of Alaska. The gen- tleman from California [Mr. MILLER], the gentleman from New Jersey [Mr. tleman is absolutely correct. Secretary Babbitt and all the other SAXTON]. Mr. SAXTON. I thank the gentleman. citizens who have put into this process Mr. SAXTON. Mr. Speaker, the gen- Mr. FALEOMAVAEGA. Mr. Speaker, a positive way to achieve a consensus tleman from Florida [Mr. GOSS] has I yield myself such time as I may on the future care of our important brought some questions to my atten- consume. natural resources. tion which I would like to discuss with I certainly want to commend the Given that, I would urge the other the chairman of the committee at this gentleman from Alaska, the chief spon- body to move legislation similar if not time. sor of this legislation, for his leader- identical to H.R. 1420, so that we can I have a few questions I would like to ship and certainly for his patience in fairly quickly get a bipartisan, broadly address to the chairman about the po- getting the bipartisanship support of supported piece of legislation to the tential effects of the bill on the utility this important piece of legislation. I President for his signature. and other rights-of-way and related fa- thank also the gentleman from New I would like to remind everyone that cilities within the Nation’s wildlife ref- Jersey, the chairman of the sub- the future of our Nation’s 509 national uges. Current law expressly allows such committee, for bringing this legisla- wildlife refuges is at a critical juncture rights-of-way when they are deter- tion to the floor for consideration. given the system’s 100th anniversary in mined to be compatible with the pur- I have no further speakers at this 6 short years. This legislation’s focus poses for which the refuge was estab- time, Mr. Speaker, and I yield back the on conservation, compatible uses such lished. In many cases electricity and balance of my time. as hunting, fishing, and wildlife obser- other rights-of-way and related facili- Mr. YOUNG of Alaska. Mr. Speaker, I vation, and general management prac- ties provide additional valuable habi- yield myself such time as I may tices for the system marks a signifi- tat for our Nation’s wildlife. consume. cant step forward in the care and main- Current Fish and Wildlife Service Mr. Speaker, in my opening state- tenance of our refuge system. regulations specify a 50-year permit ment I forgot to mention that the gen- Mr. HERGER. Mr. Speaker, I strongly sup- term for rights-of-way for electrical tleman from Michigan [Mr. DINGELL] port H.R. 1420, The National Wildlife Refuge transmission lines, recognizing that and myself have worked many, many System Improvement Act of 1997, and take the siting process for such lines is years on refuge legislation. We watched this opportunity to clarify the scope and appli- lengthy, complex, and costly. H.R. 1420 the support for refuges grow in this cation of this important legislation. requires that the Fish and Wildlife country because we wanted to leave a This Act directly affects 509 wildlife refuges, Service review the compatibility for all legacy of hunting and fishing, the her- covering 92 million acres of Federal lands, in uses at least every 10 years. Does the itage of this country, to our young peo- all 50 States and territories. These refuges gentleman envision this requirement ple. We were able to do that through provide enjoyment for millions of Americans as adversely impacting either existing our actions in the past and this is just each year, while at the same time they protect rights-of-way or the Service’s ability an attempt to make sure that contin- and preserve vital habitat and species for fu- to grant future rights-of-way across ues. I urge a strong aye vote on this tures generations. Our Federal Government, the refuge? legislation. however, has managed its refuge system for Mr. YOUNG of Alaska. If the gen- Mr. Speaker, I yield 2 minutes to the more than 30 years without any clear mission tleman will yield, the enactment of gentleman from Tennessee [Mr. TAN- or direction. H.R. 1420 should not impact these NER]. H.R. 1420 provides a beacon of light for rights-of-way. As the gentleman has Mr. TANNER. Mr. Speaker, it is a public lands management on our national wild- noted, rights-of-way on refuges are pleasure to be here today to talk about life refuges by establishing a mission ``to ad- granted by the Fish and Wildlife Serv- H.R. 1420. I appreciate the gentleman minister a national network of lands and wa- ice under provisions of the existing Na- yielding me this time. ters for the conservation, management and, June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3231 where appropriate, the restoration of fish, wild- Secretary of the Interior to ensure that the bio- mission of the refuge system, first and fore- life, and plant resources and their habitats for logical integrity, diversity, and health of the most, is to conserve fish and wildlife, with the benefit of present and future generations system are protected. The bill establishes a wildlife dependent recreation and education of Americans.'' For far too long the Federal well-defined process for deciding what uses secondary, and other uses as its lowest prior- agency responsible for maintaining these ref- are compatible with wildlife conservation and ity; it establishes a more formal and public uges, the United States Fish and Wildlife the purposes of each refuge. Importantly, no process to determine what uses are compat- Service, has proceeded without direction or in- use is allowed on a refuge until it has been ible on refuge lands; and it requires com- structions on how to manage our national ref- determined that the use will not have a tan- prehensive planning with public participation. uges. They have been left to their own whims gible adverse impact on the conservation mis- Theodore Roosevelt created the first wildlife to make arbitrary decisions regarding who sion of the system or the purposes of the ref- refuge over 90 years ago to protect the wildlife may or may not gain access to our refuge sys- uge where the activity will take place. Once at Pelican Island, FL. Today there are 509 tem. Now, local administrators will be provided permitted, compatible activities remain subject wildlife refuges covering approximately 92 mil- a clear definition of wildlife-dependent rec- to appropriate regulation. lion acres of Federal land, protecting a wide reational activities that are considered ``com- In addition, H.R. 1420 acknowledges the ex- variety of fish and wildlife. In my own district, patible uses'' within our national refuge sys- cellent outdoor recreational opportunities pro- two refuges have been established to protect tem. vided to the public by the refuge system. The endangered species: the Ellicott Slough Na- It is important to note that this legislation ap- bill gives recreational uses that depend on tional Wildlife Refuge for the endangered plies directly to ``wildlife-dependent recre- wildlifeÐfishing, hunting, nature observation Santa Cruz long-toed salamander, and the Sa- ation,'' and defines this type of recreation as: and photography, and environmental edu- linas River National Wildlife Refuge for the en- hunting, fishing, wildlife observation and pho- cation and interpretationÐpriority over other dangered Smith's blue butterfly. tography, or environmental education and in- uses of the system. Of course, these impor- Americans benefit a lot from their wildlife terpretation. This legislation does not, how- tant recreational uses of the system are the refuges, enjoying their bounty and beauty for ever, apply to, preclude, or otherwise bar result of sound wildlife conservation because a variety of wildlife-dependent recreation and other activities vital to management of our na- they depend on abundant wildlife. environmental education. Last year, over 27 tional refuge system. Most particularly, this As with any compromise, not every problem million people visited national wildlife refuges legislation does not preclude mosquito control can be addressed to everyone's satisfaction. to observe and photograph wildlife. Five mil- activities. Mosquito abatement on our national In particular, I want to express my concern lion anglers and 1.5 million hunters visited the refuges is integral to providing for the public that language directing the Secretary of the In- refuges, and nearly 500,000 students visited health and safety of communities in and terior to provide ``increased opportunities for the refuges for environmental education pro- around the refuge system. Without these im- families to experience compatible wildlife-de- grams. portant activities our national refuges become pendent recreation'' not be taken as a direc- However, as I brought up in committee, I breeding grounds for disease carrying mosqui- tive to divert scarce operational funding for the believe that the definition of a refuge should toes that migrate from the refuges, travelling construction of roads, visitor facilities and be as defined in the dictionaryÐas a place anywhere from 20 to 50 miles, to infect ani- other amenities. Where appropriate, such providing protection or shelter, a haven. Ref- mals and humans who live in neighboring amenities provide important public access to uges exist to conserve wildlife, first and fore- urban and rural communities. Mosquito control the system's wildlife resources, but wildlife and most, and public use at some refuges may not activities do not materially interfere with or de- wildlife habitat should come first. be appropriate. For example, at the Ellicott tract from the fulfillment of the mission or pur- There has also been considerable discus- Slough National Wildlife Refuge in my district, pose of the refuge system, but they do have sion about the definition of a refuge. The bill's no public recreation takes place, due to the a direct positive impact on public health and definition is consistent with the Fish and Wild- sensitivity of the habitat. The American public safety. life Service's interpretation of a refuge as an benefits greatly even when such restrictions I support H.R. 1420 and join with my col- area in which the United States has a property are placed on certain refuges, in the knowl- leagues in providing common sense direction interest. I think it is important to note that the edge that biological resources are being con- for management of our national refuge sys- United States may have an interest in refuge served, for present and future generations, tem. lands that extends beyond a property interest. and may be conserved to such a degree that Mr. MILLER of California. Mr. Speaker, I However, any authority to protect that interest, some day populations may rebound to the rise in support of H.R. 1420. As my colleagues to the extent it exists, is neither enhanced nor point where they are no longer endangered. are aware, I opposed bills last Congress and diminished by this legislation. I appreciate the work that has gone into ar- again in this Congress that would have I would like to commend Secretary Babbitt riving at this version of the National Wildlife harmed the 92-million-acre national wildlife ref- for taking the time and the initiative to bring Refuge System Improvement Act, and strongly uge system by making recreational uses a disparate interests together to negotiate. I support the belief that only uses that do not purpose of the system and by establishing a would also like to commend Messrs. DINGELL have a tangible adverse impact on the refuges process for determining compatible uses that and YOUNG for their willingness to seek com- ability to meet its conservation purpose or the favored some activities over others. These mon ground. Although we initially disagreed mission of the system be allowed. The bill re- bills also placed new restrictions on the Fish on how to manage it, they never wavered in quires that these decisions be made in writing, and Wildlife Service in acquiring and manag- their support for the refuge system. The fragile based on sound science, and available for ing refuge lands that would have impeded its coalition that was built to broker this com- public review and comment, codifying Clinton ability to conserve fish and wildlife. promise is likely to be sorely tested in the administration policies. I also support the re- However, this compromise resolves those other body, but if we can hold it together, I be- quirement that the Service ensure that ade- concerns in a way that I hope will satisfy the lieve the refuge system will be the better for quate funds are available to administer public diversity of users of our wildlife refuges, from it. uses before they can be permitted: in other bird watchers to duck hunters. This bill rep- Mr. Speaker, this is a good bill. Many of the words that funds aren't diverted from con- resents a bona fide compromise that resulted refuge system's past problems resulted from servation activities to public use management. from concessions on both sides. I think per- the individual refuges not being managed as I would also further urge that, although spe- haps the most important result of this process part of a larger system. This bill builds on the cific language to this effect is not present in has been the realization by environmentalists original vision of the gentleman from Michigan this version of the bill, as it was in Mr. MIL- and hunters that many of their interests really [Mr. DINGELL] of a true national wildlife refuge LER's bill, H.R. 952, the Service should im- do coincide in the long run. The goals they system. H.R. 1420 ensures that wildlife ref- prove its wildlife monitoring as part of the seek and the activities they enjoy are all de- uges, the only public lands dedicated to wild- comprehensive conservation plans that are re- pendent on our assuring that there are abun- life conservation, are properly managed and quired under this bill. A strong wildlife monitor- dant, healthy wildlife populations. I believe protected, while encouraging greater public ing program is key to ensuring proper species H.R. 1420 accomplishes that. appreciation of wildlife and use of the refuge and ecosystem management. First and foremost, H.R. 1420 builds a solid system. Whether you like to shoot birds with I would like to end with a final, but very im- foundation for managing the refuge system by a Browning or a Nikon, H.R. 1420 will en- portant matter: that of funding for our refuge making conservation the singular, fundamental hance your appreciation and use of the refuge system. Earlier this month, Reps. GILCHREST, mission of the system. In support of the mis- system. I urge the House to support the bill. YOUNG, MILLER, SAXTON, ABERCROMBIE, and I, sion, the bill requires conservation plans to be Mr. FARR of California. Mr. Speaker, I sup- along with nearly 50 additional House Mem- developed for each refuge and requires the port H.R. 1420, because: it clarifies that the bers, wrote to Chairman REGULA and Ranking H3232 CONGRESSIONAL RECORD — HOUSE June 3, 1997

Democrat YATES to urge increased funding for populations, plant communities, and refuge (1) Certain landowners in Gunnison Coun- the refuge system. This funding is absolutely habitats; to preserve, restore, and protect en- ty, Colorado, who own real property adjacent necessary for the conservation goals of our dangered and threatened species; conserve to the portion of the Raggeds Wilderness in and manage migratory birds, anadromous fish the White River National Forest, Colorado, refuges to be adequately addressed, and have occupied or improved their property in strongly urge support of this investment and marine mammals; to allow compatible good faith and in reliance on erroneous sur- through the appropriations process. wildlife-dependent recreation, which includes veys of their properties that the landowners Mr. PAUL. Mr. Speaker, I rise today in op- hunting, fishing, wildlife observation, and envi- reasonably believed were accurate. position to H.R. 1420, the Wildlife Refuge Sys- ronmental education; and to fulfill our inter- (2) In 1993, a Forest Service resurvey of the tem Improvement Act of 1997. In an attempt national treaty obligations. Raggeds Wilderness established accurate to assist in the fulfillment of important inter- This bill also requires the U.S. Fish and boundaries between the wilderness area and Wildlife Service to create conservation plans adjacent private lands. national treaty obligations of the United States, (3) The resurvey indicated that a small today we are asked to support a bill which re- for each of America's 511 refuges within the portion of the Raggeds Wilderness is occu- inforces an unconstitutional program of the next 15 years. These plans will help Ameri- pied by adjacent landowners on the basis of Johnson administration, the National Wildlife cans understand the goals of our refuges and the earlier erroneous land surveys. Refuge Act of 1966. provide a better accounting of our national (b) PURPOSE.—It is the purpose of this sec- Rather than this Congress debating the treasures. tion to remove from the boundaries of the Raggeds Wilderness certain real property so merits or constitutionality of Federal land man- It is also important to recognize what this bill does not do. This bill does not permit hunting as to permit the Secretary of Agriculture to agement programs and the inherently flawed use the authority of Public Law 97–465 (com- notion of common ownership and the nec- and fishing on every wildlife refuge. The indi- vidual refuge manager must find that these ac- monly known as the Small Tracts Act; 16 essarily resulting tragedy of the commons, this U.S.C. 521c–521i) to convey the property to tivities are compatible with the purpose of the bill would amend the 1966 Act to instill inter- the landowners who occupied the property on refuge. In addition, this bill sets clear guide- nationally centralized management of these the basis of erroneous land surveys. lines and standards for managers to determine wildlife refuges to include requiring the Interior (c) BOUNDARY ADJUSTMENT.—The boundary compatible uses. This bill does not permit non- of the Raggeds Wilderness, Gunnison and Department, using sound professional judg- wildlife activities such as mining, jet skiing, or White River National Forests, Colorado, as ment, to prepare comprehensive plans detail- oil and gas development. This bill does not in- designated by section 102(a)(16) of Public ing the appropriate use of each refuge. Addi- crease or decrease the size of any of our 511 Law 96–560 (16 U.S.C. 1132 note), is hereby tionally, this bill instills as the mission of the refuges. modified to exclude from the area encom- wildlife system the conservation of fish, wild- This bill is the first significant refuge reform passed by the wilderness a parcel of real life, and plants, and their habitats and pro- property approximately 0.86-acres in size sit- bill considered by Congress since the original 1 1 vides the statutory authority for denying use of uated in the SW ⁄4 of the NE ⁄4 of Section 28, refuge legislation in 1966. This legislation is Township 11 South, Range 88 West of the 6th the refuges for all noncompatible uses which supported by many outside organizations, in- Principal Meridian, as depicted on the map materially interfere with or detract from the cluding the International Association of Fish entitled ‘‘Encroachment-Raggeds Wilder- mission. Moreover, H.R. 1420 directs the Inte- and Wildlife Agencies, the Wildlife Legislative ness’’, dated November 17, 1993. Such map rior Secretary to direct the continued growth of Fund of America, American Sportfishing Asso- shall be on file and available for inspection the System in a manner that is best designed ciation, Safari Club International, and many in the appropriate offices of the United to accomplish the mission [emphasis added]. other groups. States Forest Service, Department of Agri- Apparently, the era of big government is not I hope that all my colleagues recognize how culture. (d) CONVEYANCE OF LAND REMOVED FROM over. In fact, in the name of satisfying inter- important this legislation is and vote for H.R. WILDERNESS AREA.—The Secretary of Agri- national treaties, it seems as though even the 1420. culture shall use the authority provided by Great Society is alive and well and growing. Mr. YOUNG of Alaska. Mr. Speaker, I Public Law 97–465 (commonly known as the Mr. GOSS. Mr. Speaker, Teddy Roosevelt have no further requests for time, and Small Tracts Act; 16 U.S.C. 521c–521i) to con- named Pelican Island, FL as the first United I yield back the balance of my time. vey all right, title, and interest of the United States wildlife refuge. In that tradition, I'm The SPEAKER pro tempore. The States in and to the real property excluded proud that Florida's fourteenth Congressional question is on the motion offered by from the boundaries of the Raggeds Wilder- district boasts four wildlife refuges, including the gentleman from Alaska [Mr. ness under subsection (c) to those owners of real property in Gunnison County, Colorado, the J.N. ``Ding'' Darling refuge on my home is- YOUNG] that the House suspend the rules and pass the bill, H.R. 1420, as whose real property adjoins the excluded land of Sanibel. lands and who have occupied the excluded I want to commend Chairman YOUNG and amended. The question was taken. lands in good faith reliance on an erroneous the Resources Committee; bringing together survey. Mr. YOUNG of Alaska. Mr. Speaker, many diverse interests, they've crafted a bill The SPEAKER pro tempore. Pursu- that meets with the satisfaction of all parties. on that I demand the yeas and nays. The yeas and nays were ordered. ant to the rule, the gentlewoman from H.R. 1420, for the first time, establishes a The SPEAKER pro tempore. Pursu- Idaho [Mrs. CHENOWETH] and the gen- central purpose for the National Wildlife Ref- ant to clause 5 of rule I and the Chair’s tleman from American Samoa [Mr. uge System, namely, providing a sanctuary for prior announcement, further proceed- FALEOMAVAEGA] each will control 20 wildlife. It also addresses the issues of com- ings on this motion will be postponed. minutes. patible uses in a responsible way. As the ses- f The Chair recognizes the gentle- sion continues, the House will undoubtedly woman from Idaho [Mrs. CHENOWETH]. face other contentious environmental de- RAGGEDS WILDERNESS, WHITE Mrs. CHENOWETH. Mr. Speaker, I batesÐI am hopeful that we can address RIVER NATIONAL FOREST yield myself such time as I may those issues in a similarly cooperative and BOUNDARY ADJUSTMENT consume. productive manner. Mrs. CHENOWETH. Mr. Speaker, I (Mrs. CHENOWETH asked and was Mr. CUNNINGHAM. Mr. Speaker, I rise move to suspend the rules and pass the given permission to revise and extend today in support of the National Wildlife Ref- bill (H.R. 1019) to provide for a bound- her remarks.) uge System Improvement Act (H.R. 1420). As ary adjustment and land conveyance Mrs. CHENOWETH. Mr. Speaker, cochairman of the Congressional Sportsmen's involving the Raggeds Wilderness, H.R. 1019 provides for a boundary ad- Caucus, I encourage all my colleagues to sup- White River National Forest, CO, to justment and land conveyance involv- port this important legislation. correct the effects of earlier erroneous ing the Raggeds Wilderness, White The refuge bill is a proenvironment bill land surveys. River National Forest in Colorado, to which will protect our Nation's tradition of al- The Clerk read as follows: correct the effects of earlier erroneous lowing people using their national recreational H.R. 1019 land surveys. This bill is identical to areas to hunt, fish, and look at birds, while Be it enacted by the Senate and House of Rep- legislation which passed within the preserving the environment. resentatives of the United States of America in House of Representatives last year by Specifically, H.R. 1420 creates a nationwide Congress assembled, voice vote. However, the legislation set of six purposes for our national refuge sys- SECTION 1. BOUNDARY ADJUSTMENT AND LAND was not acted upon by the Senate prior tem. Our refuge system will now be a dedi- CONVEYANCE, RAGGEDS WILDER- to the conclusion of the 104th Congress. NESS, WHITE RIVER NATIONAL FOR- cated network of lands to conserve and man- EST, COLORADO. In 1993, following a boundary survey, age fish, wildlife, and plant species; to con- (a) FINDINGS.—The Congress finds the fol- the White River National Forest dis- serve, manage, and restore fish and wildlife lowing: covered an encroachment into the June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3233 Raggeds Wilderness area just west of Forest, being the Dillon Ranger Dis- beyond its statutory objectives, in this the town of Marble in Colorado. The trict. The White River National Forest case in safeguarding the quality and encroachment consists of approxi- has administered these lands for a quantity of the area’s fragile water re- mately 400 feet of power line and 400 number of years. Therefore, the inclu- sources. This imperative has become feet of road. In addition, portions of sion of the Dillon Ranger District with- particularly acute with recent findings four subdivision lots extend into this in the White River National Forest will that pollution emanating from a near- wilderness. The road is a county road more accurately depict the administra- by military reservation is seriously and provides the sole legal access to tion of these lands. Furthermore, the contaminating groundwater and jeop- the four lots. The entire encroachment inclusion should reduce confusion with- ardizing future drinking water sup- is less than 1 acre of land. in the general public as to who admin- plies. The Bureau of Land Management/ isters the Dillon Ranger District. The For all these reasons, I can think of Forest Service surveys found that the legislation will not alter the current no better way to honor the work of Mr. original survey of the Crystal Meadows distribution of forest receipts to the af- Studds and others who have advanced subdivision was erroneous. Although fected county governments. I urge my these objectives than to fulfill the Fed- less than 1 acre is affected, the Forest colleagues to support this legislation eral commitment by completing acqui- Service cannot settle the matter under and again H.R. 1019, once again ex- sition of the final 325-acre tract of the the authority of the Small Tracts Act pressing my appreciation. Mashpee Refuge, and to enact H.R. 420 because the lands in question are with- b 1515 into law. in the Raggeds Wilderness. The wilder- Mr. Speaker, this bill draws on his- ness boundary may only be modified by Mr. FALEOMAVAEGA. Mr. Speaker, toric bipartisan support for the basic an act of Congress. I yield 3 minutes to the gentleman mission of the refuge system and H.R. 1019 follows the guidelines es- from [Mr. DELAHUNT], makes adjustments that keep this ref- tablished by the Small Tracts Act, my good friend, who unfortunately, be- uge system alive and viable, and I urge Public Law 97–465. The bill is non- cause of a traffic jam, was unable to my colleagues to join me in helping the controversial, Mr. Speaker, and I urge deliver his statements in support of the House to pass it. its passage. previous legislation. Mr. FALEOMAVAEGA. Mr. Speaker, Mr. Speaker, I reserve the balance of Mr. DELAHUNT. Mr. Speaker, I also I thank the gentleman from Massachu- my time. rise in support of House Resolution 1019 setts [Mr. DELAHUNT] for his fine state- Mr. FALEOMAVAEGA. Mr. Speaker, offered by the gentleman from Colo- ments. I yield myself such time as I may rado [Mr. MCINNIS], and I support that Mr. Speaker, I have no additional consume. and I commend his efforts. I would also speakers at this time, and I yield back (Mr. FALEOMAVAEGA asked and like to speak, Mr. Speaker, to House the balance of my time. was given permission to revise and ex- bill 1420. Mrs. CHENOWETH. Mr. Speaker, I tend his remarks.) Mr. Speaker, when President Theo- yield back the balance of my time. Mr. FALEOMAVAEGA. Mr. Speaker, dore Roosevelt established the first The SPEAKER pro tempore (Mr. MIL- this is the first of four national forest wildlife refuge in Florida 94 years ago, LER of Florida). The question is on the bills on the floor today which are spon- he could have hardly imagined a na- motion offered by the gentlewoman sored by our Republican members. tional system of 500 refuges covering 93 from Idaho [Mrs. CHENOWETH] that the Along with other Democratic members million acres. Today we have an oppor- House suspend the rules and pass the of the Committee on Resources, I am tunity to make a genuine contribution bill, H.R. 1019. pleased to support this legislation in- to this remarkable legacy of wildlife The question was taken; and (two- troduced by the gentleman from Colo- conservation and management. thirds having voted in favor thereof) rado. This bill would correct an erro- It is in that spirit that I do support the rules were suspended and the bill neous land survey which has resulted enthusiastically House Resolution 1420, was passed. in the encroachment of 1 acre of pri- the National Wildlife Refuge System A motion to reconsider was laid on vate land on the Raggeds Wilderness Improvement Act of 1997. The chair- the table. area in the White River National For- man and ranking member have worked f est. The legislation is without con- together to craft a bill for consider- troversy, and it is supported by the ad- ation by the full House that fulfills the WHITE RIVER NATIONAL FOREST ministration. A similar bill passed the conservation objective and ensures the BOUNDARY ADJUSTMENT House in the last Congress. I urge my future biological integrity of our ref- Mrs. CHENOWETH. Mr. Speaker, I colleagues to support the legislation of uge. move to suspend the rules and pass the the gentleman from Colorado [Mr. Mr. Speaker, I am especially pleased bill (H.R. 1020) to adjust the boundary MCINNIS]. to offer my support of this legislation of the White River National Forest in Mr. Speaker, I reserve the balance of because of the important role in build- the State of Colorado to include all Na- my time. ing that legacy played by my prede- Mrs. CHENOWETH. Mr. Speaker, I cessor in this Chamber, former Con- tional Forest System lands within yield 3 minutes to the gentleman from gressman Gerry Studds. As chairman Summit County, CO, which are cur- rently part of the Dillon Ranger Dis- Colorado [Mr. MCINNIS]. of the Committee on Merchant Marine Mr. McINNIS. Mr. Speaker, I urge my and Fisheries, Mr. Studds fought tena- trict of the Arapaho National Forest. colleagues to support H.R. 1019. I would ciously for species large and small, The Clerk read as follows: also like to comment briefly on H.R. beautiful and not so beautiful, endan- H.R. 1020 1020, but prior to that I want to thank gered and common alike. Legacies are Be it enacted by the Senate and House of Rep- the gentleman from Alaska [Mr. not historical relics. Like the species resentatives of the United States of America in Congress assembled, YOUNG] and the gentlewoman from that inhabit our refuge, they survive Idaho [Mrs. CHENOWETH], subcommittee only if they prosper and evolve. SECTION 1. INCLUSION OF DILLON RANGER DIS- TRICT IN WHITE RIVER NATIONAL chairman, for rapidly moving this leg- Mr. Speaker, the bill before us explic- FOREST, COLORADO. islation forward. I would also like to itly encourages the Fish and Wildlife (a) BOUNDARY ADJUSTMENTS.— thank the gentleman from American Service to pursue partnerships with (1) WHITE RIVER NATIONAL FOREST.—The Samoa for his courtesies and support in local communities, States, private and boundary of the White River National Forest regard to H.R. 1019. nonprofit groups. It is precisely such a in the State of Colorado is hereby adjusted Briefly on H.R. 1020, that is also a partnership that has characterized our to include all National Forest System lands noncontroversial issue and ties into progress toward one of the newest addi- located in Summit County, Colorado, such this. It adjusts the boundary of the tions to the refuge system in Mashpee lands forming the Dillon Ranger District of the Arapaho National Forest. The Dillon White River National Forest to include on Cape Cod, home to over 180 migra- Ranger District is hereby made a part of the all the National Forest System Lands tory fish and bird species. White River National Forest. within Summit County, CO, which are Like so many others across the coun- (2) ARAPAHO NATIONAL FOREST.—The bound- currently part of the Arapaho National try, the Mashpee Refuge has value even ary of the Arapaho National Forest is hereby H3234 CONGRESSIONAL RECORD — HOUSE June 3, 1997 adjusted to exclude the National Forest Sys- MCINNIS], and I urge my colleagues to Idaho [Mrs. CHENOWETH] and the gen- tem lands included in the White River Na- support this piece of legislation. tleman from American Samoa [Mr. tional Forest under paragraph (1). Mr. Speaker, I do not have any addi- FALEOMAVAEGA] each will control 20 (b) REFERENCE.—Any reference to the Dil- tional speakers, and I yield back the lon Ranger District, Arapaho National For- minutes. est, in any existing statute, regulation, man- balance of my time. The Chair recognizes the gentle- ual, handbook, or otherwise shall be deemed Mrs. CHENOWETH. Mr. Speaker, I woman from Idaho [Mrs. CHENOWETH]. to be a reference to the Dillon District, yield back the balance of my time. (Mrs. CHENOWETH asked and was White River National Forest. The SPEAKER pro tempore. The given permission to revise and extend (c) EXISTING RIGHTS.—Nothing in this sec- question is on the motion offered by her remarks.) tion shall be construed to affect valid exist- the gentlewoman from Idaho [Mrs. Mrs. CHENOWETH. Mr. Speaker, I ing rights of persons holding any authoriza- CHENOWETH] that the House suspend yield myself such time as I may tion, permit, option, or other form of con- the rules and pass the bill, H.R. 1020. consume. tract existing on the date of the enactment The question was taken; and (two- Mr. Speaker, H.R. 1439 introduced by of this Act. thirds having voted in favor thereof) the gentleman from California [Mr. (d) FOREST RECEIPTS.—Notwithstanding the distribution requirements of payments the rules were suspended and the bill DOOLITTLE] of the committee author- under the Act of May 23, 1908 (35 Stat. 260; 16 was passed. izes the Secretary of Agriculture to U.S.C. 500), the distribution of receipts from A motion to reconsider was laid on sell 35 acres in the Tahoe National For- the Arapaho National Forest and the White the table. est to Placer County, CA, for the pur- River National Forest to affected county f pose of creating a community park in governments shall be based upon the Na- FACILITATING THE SALE OF CER- Squaw Valley. tional Forest boundaries that existed on the The site is located at the southwest TAIN LAND IN TAHOE NATIONAL day before the date of the enactment of this and northwest corners of Squaw Valley Act. FOREST Road and Highway 89. The SPEAKER pro tempore. Pursu- Mrs. CHENOWETH. Mr. Speaker, I Now this area stands out as the only ant to the rule, the gentlewoman from move to suspend the rules and pass the feasible location to accommodate the Idaho [Mrs. CHENOWETH] and the gen- bill (H.R. 1439) to facilitate the sale of various interests. Placer County be- tleman from American Samoa [Mr. certain land in Tahoe National Forest lieves that this legislation is needed to FALEOMAVAEGA] each will control 20 in the State of California to Placer streamline the acquisition process and minutes. County, CA, as amended. thus save thousands of dollars for the The Chair recognizes the gentle- The Clerk read as follows: county and for the Forest Service. woman from Idaho [Mrs. CHENOWETH]. H.R. 1439 There is substantial support for the (Mrs. CHENOWETH asked and was Be it enacted by the Senate and House of Rep- park and the community, and the Plac- given permission to revise and extend resentatives of the United States of America in er County Parks Commission has allo- her remarks.) Congress assembled, cated over $250,000 for acquisition and Mrs. CHENOWETH. Mr. Speaker, SECTION 1. LAND CONVEYANCE, TAHOE NA- development of this park. Currently TIONAL FOREST, CALIFORNIA. H.R. 1020 adjusts the boundaries of the there are no public parks in Squaw White River National Forest to include (a) SALE AUTHORIZED.—Subject to all valid existing rights, the Secretary of Agriculture Valley, and the nearest park facilities all national forest system lands within are located in Tahoe City, which is ap- Summit County, CO, which are cur- may sell to Placer County, California (in this section referred to as the ‘‘County’’), all proximately 10 miles away. rently part of the Dillon Ranger Dis- right, title, and interest of the United States Mr. Speaker, I urge the passage of trict of the Arapaho National Forest. in and to a parcel of real property, consisting this legislation. The White River National Forest has of approximately 35 acres located in Tahoe Mr. Speaker, I reserve the balance of administered these lands for a number National Forest in the State of California to my time. of years, and therefore the inclusion of permit the County to create a community Mr. FALEOMAVAEGA. Mr. Speaker, the Dillon Ranger District within the park in Squaw Valley. I yield myself such time as I may White River Forest will more accu- (b) DESCRIPTION OF PROPERTY.—The parcel to be conveyed under subsection (a) is gen- consume. rately depict the proper administration erally depicted on a map entitled ‘‘Placer (Mr. FALEOMAVAEGA asked and of these lands. Furthermore, the inclu- County Conveyance’’, dated April 1997, which was given permission to revise and ex- sion should reduce confusion within shall be available for public inspection in ap- tend his remarks.) the general public as to who admin- propriate offices of the Secretary. The map Mr. FALEOMAVAEGA. Mr. Speaker, isters the Dillon Ranger District. The and attached approximate legal description this piece of legislation was introduced legislation will not alter the current are subject to adjustment by survey. The by the gentleman from California [Mr. distribution of forest receipts to the af- cost of any such survey shall be borne by the DOOLITTLE], and the bill is intended to fected county governments. County. facilitate the sale of about 35 acres of (c) CONSIDERATION.—As consideration for Mr. Speaker, this bill is non- the conveyance under subsection (a), the Federal land in the Tahoe National controversial, and I urge its passage. County shall pay to the United States an Forest in California, Placer County. Mr. Speaker, I reserve the balance of amount equal to the fair market value of the The prospective purchaser intends to my time. conveyed parcel, as determined in conform- use the property for a public park. Mr. FALEOMAVAEGA. Mr. Speaker, ance with the document entitled ‘‘Uniform The Forest Service has the authority I yield myself such time as I may Appraisal Standards for Federal Land Acqui- to sell this land under current law and consume. sitions (1992)’’. The proceeds from the sale testified that the bill is unnecessary, (Mr. FALEOMAVAEGA asked and shall be deposited in the fund established by but the legislation serves the purpose Public Law 90–171 (16 U.S.C. 484a; commonly was given permission to revise and ex- of highlighting this as a priority mat- tend his remarks.) known as the Sisk Act) and shall be avail- able for expenditure in accordance with such ter for Forest Service attention. It Mr. FALEOMAVAEGA. Mr. Speaker, Act. does not, however, alter the respon- as explained by the gentlewoman from (d) EXISTING USES.—As a condition on the sibility of the purchaser to pay fair Idaho, this bill adjusts the boundary of conveyance under subsection (a), the County market value for the land. the White River National Forest to in- shall agree to provide for continuation of Mr. Speaker, I urge my colleagues to clude lands which are currently part of any existing non-Federal improvements or support this piece of legislation intro- the Dillon Ranger District of Arapaho uses on the conveyed parcel for the remain- duced by the gentleman from Califor- der of the terms of the existing authoriza- National Forest. It is my understand- nia [Mr. DOOLITTLE]. ing that the administration’s earlier tions. (e) ADDITIONAL TERMS AND CONDITIONS.— Mr. Speaker, I reserve the balance of concerns about the language preserving The Secretary may require such additional my time. the current distribution of forest re- terms and conditions in connection with the Mrs. CHENOWETH. Mr. Speaker, I ceipts have been resolved and that conveyance under subsection (a) as the Sec- thank the gentleman from Samoa [Mr. there is no further objection by the ad- retary considers appropriate to protect the FALEOMAVAEGA]. ministration on this bill. interests of the United States. Mr. Speaker, I have no further re- This legislation again is sponsored by The SPEAKER pro tempore. Pursu- quests for time, and I yield back the the gentleman from Colorado [Mr. ant to the rule, the gentlewoman from balance of my time. June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3235 Mr. FALEOMAVAEGA. Mr. Speaker, (e) SETTLEMENT OF CLAIMS.—The transfer Mr. FALEOMAVAEGA. Mr. Speaker, I yield back the balance of my time. of lands to trust status under this section ex- I yield myself such time as I may The SPEAKER pro tempore. The tinguishes the following claims by the Hoopa consume. question is on the motion offered by Valley Tribe: (1) All claims on land now administered as (Mr. FALEOMAVAEGA asked and the gentlewoman from Idaho [Mrs. part of the Six Rivers National Forest based was given permission to revise and ex- CHENOWETH] that the House suspend on the allegation of error in establishing the tend his remarks.) the rules and pass the bill H.R. 1439, as boundaries of the Hoopa Valley Reservation, Mr. FALEOMAVAEGA. Mr. Speaker, amended. as those boundaries were configured before as mentioned earlier by the chairman The question was taken; and (two- the date of the enactment of this Act. of the subcommittee, the gentlewoman thirds having voted in favor thereof) (2) All claims of failure to pay just com- from Idaho [Mrs. CHENOWETH], this leg- the rules were suspended and the bill, pensation for a taking under the fifth islation was introduced by the gen- amendment to the United States Constitu- as amended, was passed. tion, if such claims are based on activities, tleman from California [Mr. RIGGS] and A motion to reconsider was laid on occurring before the date of the enactment a similar piece of legislation was also the table. of this Act, related to the lands transferred introduced by Senator BOXER of Cali- f to trust status under this section. fornia. HOOPA VALLEY RESERVATION The SPEAKER pro tempore. Pursu- Mr. Speaker, H.R. 79 would transfer SOUTH BOUNDARY ADJUSTMENT ant to the rule, the gentlewoman from almost 2,640 acres of land currently ACT Idaho [Mrs. CHENOWETH] and the gen- within the Six Rivers National Forest tleman from American Samoa [Mr. in California to the Hoopa Valley Tribe Mrs. CHENOWETH. Mr. Speaker, I FALEOMAVAEGA] each will control 20 to be held in trust for the tribe. This move to suspend the rules and pass the minutes. language includes an operating camp- bill (H.R. 79) to provide for the convey- The Chair recognizes the gentle- ground that is adjacent to the southern ance of certain land in the Six Rivers woman from Idaho [Mrs. CHENOWETH]. boundary of the reservation. There is National Forest in the State of Califor- (Mrs. CHENOWETH asked and was question as to whether or not this land nia for the benefit of the Hoopa Valley given permission to revise and extend was intended to be part of the original Tribe, as amended. her remarks.) reservation boundaries, but by looking The Clerk read as follows: Mrs. CHENOWETH. Mr. Speaker, at a map of the area one can conclude H.R. 79 H.R. 79, introduced by the gentleman that may have been the case. Be it enacted by the Senate and House of Rep- from California [Mr. RIGGS] would b 1530 resentatives of the United States of America in transfer 2,641 acres of land to the Congress assembled, Hoopa Valley Tribe of California. This Regardless, the Forest Service has SECTION 1. SHORT TITLE. land is currently part of the Six Rivers testified that it supports this transfer This Act may be cited as the ‘‘Hoopa Val- National Forest. and believes that the tribe has the re- ley Reservation South Boundary Adjustment sources and expertise to effectively Act’’. The south boundary of the Hoopa Valley Reservation contains a dogleg manage the area. SEC. 2. TRANSFER OF LANDS WITHIN SIX RIVERS In fact, the Hoopa Valley Tribe is NATIONAL FOREST FOR HOOPA VAL- and as a result of the 1875 survey that LEY TRIBE. left 2,541 acres out of the 6-mile square, well-known as environmentally sen- (a) TRANSFER.—All right, title, and inter- H.R. 79 would straighten the boundary sitive toward the stewards of their est in and to the lands described in sub- to reflect what many believe was the land. The tribe operates under a forest section (b) shall hereafter be administered originally intended boundary of the management plan which was adopted by the Secretary of the Interior and be held reservation. Similar legislation was in- for the years 1994 through the year in trust by the United States for the Hoopa troduced in the 104th Congress, re- 2003. This management plan was devel- Valley Tribe. The lands are hereby declared oped with the collaboration of the part of the Hoopa Valley Reservation. Upon ported by the Committee on Resources the inclusion of such lands in the Hoopa Val- and passed on the House floor, but the World Wildlife Fund. In March of this ley Reservation, Forest Service system roads adjournment prevented final action on year, the U.S. Fish and Wildlife Service numbered 8N03 and 7N51 and the Trinity the bill in the Senate. issued a biological opinion finding that River access road which is a spur off road On May 8, 1997, the Subcommittee on the Hoopa forest management plan numbered 7N51, shall be Indian reservation Forests and Forest Health approved would not jeopardize the northern spot- roads, as defined in section 101(a) of title 23 this amendment in the nature of a sub- ted owl or any of the other listed en- of the United States Code. dangered species. (b) LANDS DESCRIBED.—The lands referred stitute to incorporate several technical to in subsection (a) are those portions of changes recommended by the adminis- Attached to my statement, Mr. Townships 7 North and 8 North, Ranges 5 tration, and on May 21 the Committee Speaker, I include two letters from the East and 6 East, Humboldt Meridian, Califor- on Resources reported the bill with an tribe’s representative. The first is to nia, within a boundary beginning at a point amendment to ensure that several For- the office of the Secretary of the Inte- on the current south boundary of the Hoopa est Service roads on the lands being rior, and the second is to Mr. James Valley Indian Reservation, marked and iden- transferred will remain open to the Lyons, the Under Secretary for Natural tified as ‘‘Post H.V.R. No. 8’’ on the Plat of public after the transfer. The roads Resources and Environment at the De- the Hoopa Valley Indian Reservation pre- partment of Agriculture. These letters pared from a field survey conducted by C.T. provide access to the public camp- Bissel, Augustus T. Smith, and C.A. Robin- ground, the Trinity River and the na- explain the tribe’s forest management son, Deputy Surveyors, approved by the Sur- tional forest land. plan and how we can expect the trans- veyor General, H. Pratt, March 18, 1892, and Mr. Speaker, I thank all involved on fer of lands to be managed. extending from said point on a bearing of both sides of the aisle for working with H.R. 79 makes clear that the roads north 72 degrees 30 minutes east, until inter- me, the gentleman from California [Mr. within this area will be made part of secting with a line beginning at a point RIGGS], and the Hoopa Valley Tribe to the Indian reservation roads system marked as ‘‘Post H.V.R. No. 3’’ on such sur- develop language that everyone can within the Bureau of Indian Affairs as- vey and extending on a bearing of south 15 suring public access through the area degrees 59 minutes east, comprising 2,641 agree on on H.R. 79. Additionally I acres more or less. would like to thank my colleagues, es- and to the Trinity River. (c) BOUNDARY ADJUSTMENT.—The boundary pecially the gentleman from New York I would like to thank the gentle- of the Six Rivers National Forest in the [Mr. HINCHEY], the subcommittee rank- woman from Idaho [Mrs. CHENOWETH] State of California is hereby adjusted to ex- ing member, the gentleman from Cali- and her staff for working with Demo- clude the lands to be held in trust for the fornia [Mr. DOOLITTLE], and the gen- crats on this side of the aisle and for benefit of the Hoopa Valley Tribe pursuant tleman from Colorado [Mr. MCINNIS] bringing to the floor this legislation to this section. for their assistance with passage of for consideration. I hope that this will (d) SURVEY.—The Secretary of the Interior, benefit the Hoopa Valley Tribe in the acting through the Bureau of Land Manage- these four bills. ment, shall survey and monument that por- So I urge this bill’s passage, Mr. future, and I ask my colleagues to join tion of the boundary of the Hoopa Valley Speaker. me in supporting this legislation. Reservation established by the addition of Mr. Speaker, I reserve the balance of Mr. Speaker, I include the following the lands described in subsection (b). my time. letters for the RECORD: H3236 CONGRESSIONAL RECORD — HOUSE June 3, 1997

HALL, ESTILL, HARDWICK, GABLE, through the Secretary of the Interior’’—is to unsupportable. The Tribe is baffled, to say GOLDEN & NELSON, P.C., ATTOR- ensure that the Forest Service would have the least, by the idea that it would spite NEYS AT LAW, no trust responsibility for the land following landowners in the Six Rivers community by Washington, DC, April 15, 1997. its transfer to the reservation. That intent is shutting down access to adjacent lands once Re H.R. 79 Hoopa Reservation boundary ad- contrary to federal law and administration it obtains jurisdiction over the two roads. justment. policy. We do not know the source of this specula- The United States, not individual federal HEATHER SIBBISON, Esq., tion and have had a very different impres- Office of the Secretary, U.S. Department of the agencies, is the trustee of Indian reservation sion from the local Forest Service personnel. land. Thus, while direct administration of Interior, Washington, DC. On April 3, the Hoopa Valley Tribe hosted a DEAR HEATHER: Attached is a letter to Ag- the federal trust responsibility for the Hoopa meeting of the interagency advisory com- riculture Department Under Secretary Valley Reservation may reside with the Sec- mittee for the President’s Northwest Forest James Lyons regarding the Hoopa Valley retary of the Interior, the Forest Service Plan. At that meeting, Six Rivers Forest Su- Reservation boundary adjustment legisla- nevertheless is subject to the federal trust pervisor Martha Kettelle said that she sup- tion. It is in response to a draft proposal responsibility and is obligated to conduct its ports the transfer proposed in H.R. 79 and (also attached) from the Forest Service to affairs accordingly. As you know, President will work with the Tribe upon enactment to amend H.R. 79. As the letter explains, the Clinton emphasized his Administration’s build the Service’s government-to-govern- Hoopa Valley Tribe strongly disagrees with commitment to the federal trust relation- ment relationship with the Tribe on coopera- ship in his Memorandum on Government-to- the proposed amendments. Also attached is tive access to the roads affected by the Government Relations With Native Amer- Resource Committee Chairman Don Young’s transfer. At the end of the day, the proposal ican Tribal Governments (April 29, 1994, 59 March 11 letter to T.J. Glauthier at OMB of- to reserve easements, and the speculation Fed. Reg. 22951). Among other things the fering to move expeditiously on the bill. This underlying it, cannot be reconciled with President directed that ‘‘Each executive de- followed Chairman Young’s February 10 let- President Clinton’s memorandum on govern- partment and agency shall assess the impact ter to Secretary Babbitt with the Commit- ment-to-government relationships referred of Federal government plans, projects, pro- tee’s routine request for a bill report. In ad- to above in which he instructed government grams, and activities on tribal trust re- dition to those letters is T.J. Glauthier’s Oc- agencies undertaking activities affecting sources and assure that tribal government tober 2, 1996, letter to the Senate Committee tribal rights or trust resources to implement rights and concerns are considered during on Indian Affairs clearing the bill for passage them in a ‘‘knowledgeable, sensitive manner the development of such plans, projects, pro- in the 104th Congress. respectful of tribal sovereignty.’’ grams, and activities.’’ We do not believe Please consider the following as you evalu- 4. MANAGEMENT CONSISTENT WITH THE that the proposed departure from H.R. 79’s ate H.R. 79: The bill would transfer 2641 acres PRESIDENT’S NORTHWEST FOREST PLAN from the Forest Service in trust to the use of the standard legislative phrase for holding land in trust can be reconciled with The Hoopa Valley Tribe has adopted a For- Tribe; Prior Forest Service sales harvested est Management Plan for the period 1994–2003 915 acres of that total; and Under the Tribe’s the President’s directive and request that it be withdrawn. (Tribal Resolution 94–19, April 20, 1994) Forest Management Plan (FMP) (which has (Hoopa FMP). The Hoopa FMP’s develop- 2. BOUNDARY ADJUSTMENT received a non-jeopardy biological opinion ment was in part guided by the principles from the Fish and Wildlife Service as to any On page 4 of Director Towns statement on that emerged from the Tribe’s collaboration listed species, including the northern spotted H.R. 2710, the bill introduced in the 104th with the World Wildlife Fund in development owl). Congress on this matter, she states that ‘‘the of an integrated resources management ap- Approximately 620 acres will be protected National Forest boundary would need to be proach to reservation resources. The Hoopa by the FMP’s stream side protection zones statutorily adjusted to exclude the lands FMP accounts for endangered and threat- (Class 1: 400 feet; Class 2: 200 feet; Class 3, transferred . . . .’’ Statement of Eleanor ened species listed pursuant to the Endan- 100); 330 acres will be subject to the FMP’s Towns before the Committee on Resources gered Species Act. The Tribe identified 5 wild and scenic river designation; 310 acres Subcommittee on Native American and Insu- plant and animal species listed under the act will be in the Trinity view shed; and 102 lar Affairs (July 17, 1997). The Committee re- that are present, or suspected to occur, on acres will be in northern spotted owl activity sponded by amending the bill to include the the Hoopa Valley Reservation including the zones. statement: ‘‘The boundary of the Six Rivers Northern Spotted Owl. The Hoopa FMP’s The portion of the 2641 acres designated as National Forest shall be adjusted to exclude minimum management requirement for list- Late Successional reserve in the President’s the lands to be held in trust for the benefit ed species includes abiding by 50 C.F.R. Part Forest Plan totals 1264 acres. By restoring of the Hoopa Valley Tribe pursuant to this 17 which sets forth the requirements estab- the land to the Hoopa Valley Reservation section.’’ House Report No. 762, 104th Cong., lished by the United States Fish and Wildlife and placing it under the Hoopa FMP, 1362 2d Sess. 2 (September 4, 1996). The draft com- Service for ‘‘surveying, submission of bio- acres will be protected; that is, more than ments from the Forest Service forwarded to logical assessments on all proposed actions, would be protected by the Late Successional us now refer to alleviating the need ‘‘for an receiving biological opinions on all proposed Reserve designation in the President’s For- administrative boundary adjustment’’ by actions, and abiding by recovery plans if in est Plan. If you have any questions about further amending H.R. 79 to read that the effect.’’ Hoopa FMP at 26. With specific re- this, please give me a call. boundary ‘‘is hereby adjusted’’ instead of gard to the spotted owl, the Hoopa FMP pro- Sincerely, ‘‘shall be adjusted.’’ This proposal additional vides: JOSEPH R. MEMBRINO. amendment appears to us unnecessary; a dis- Meet surveying requirements of the tinction without a difference. In any event, USFWS accepted protocol (March 7, 1991 re- HALL, ESTILL, HARDWICK, GABLE, the Forest Service gives no indication that vised March 17, 1992 and any subsequent revi- GOLDEN & NELSON, P.C., ATTOR- an administrative adjustment based on the sions). Complete biological assessments in- NEYS AT LAW, mandate in H.R. 79 would be burdensome, cluding mitigations which address the Washington, DC, April 4, 1997. complex or anything other than a routine, USFWS past conservation recommendations Re H.R. 79—Hoopa Valley Reservation south ministerial action. It makes no sense to bur- and any seasonal restrictions necessary then boundary adjustment. den the legislative process with a cosmetic submit to USFWS. If conservation rec- Hon. JAMES R. LYONS, amendment. ommendations are not included in a project’s Under Secretary for Natural Resources and En- 3. RESERVATION OF EASEMENTS planning documents then justify their exclu- vironment, Department of Agriculture, The proposal to reserve easements in the sion in the biological assessment. General Washington, DC. land for Forest Service roads 8N03 and 7N51 timber sale planning will include no harvest DEAR UNDER SECRETARY LYONS: Following is not acceptable. First, the land on which of 70 acre owl activity centers unless a Habi- my conversation with you and Director of the roads are located was always understood tat Conservation Plan or other mechanism Lands Eleanor Towns on March 11, Director to be the Tribe’s. Director Towns and you has been completed and accepted by the Towns forwarded to me a draft regarding five both stated that your objective is to have USFWS which allows such harvest. Allow no points she asked be considered in the review this land have the same status as the rest of disruptive harvest related activities, such as of H.R. 79. After consultation with the Hoopa the Hoopa Valley Reservation. The purpose but not limited to, any harvest activity, Valley Tribal Council, I have been author- of H.R. 79 is to eliminate a physical dogleg in road building, tractor piling, burning, thin ized to report the Tribe’s response. the reservation boundary. It does not ad- and release, etc. within 0.25 mile of known 1. RESERVATION STATUS vance the ball to substitute a jurisdictional activity centers during the breeding season The Tribe agrees with you and Director dogleg for a physical one. Second, Director (Feb. 1 to Aug. 1 each year) or until the pair Towns that the land subject to H.R. 79 is to Towns states that the Tribe’s history of pro- has been determined to be not nesting, or the be made part of the Hoopa Valley Reserva- viding access across its roads to the non-In- nesting attempt has failed. Receive biologi- tion and held in trust by the United States. dian community whose land would otherwise cal opinion from USFWS and assure that all It has always been the Tribe’s position that be inaccessible for timber harvest, recre- guidelines, mitigations and conservation rec- the land be part of the reservation. ation, cattle grazing and other uses cannot ommendations from the biological assess- Director Towns stated that the reason for be considered precedent for how the Tribe ment (BA) and biological opinion (BO) are the proposed change in the text of the bill— will manage the land to be transferred by adhered to during the implementation of the by which she would add the phrase ‘‘acting H.R. 79. That charge is unsupported and project—Hoopa FMP at 26–27. June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3237 On January 10, 1997, the Hoopa Valley H.R. 79 are not appropriate. I would also en- Although Congress conveyed 93,000 Tribe and the Bureau of Indian Affairs re- courage you to coordinate with the Depart- acres of land to the tribe in the 1800’s, quested the Fish and Wildlife Service pursu- ment of the Interior on those issues related the boundary survey excluded over ant to section 7 of the Endangered Species to the Indian affairs and fish and wildlife Act to engage in a formal consultation to de- programs raised in the draft. The draft pro- 2,600 acres that belonged to the tribe at velop a biological opinion on the Hoopa FMP posals are not mere details but go to the that time. In restoring that land, the and its effects on the five species referred to heart of the relationship between the Tribe 2,600 acres at the southeast corner of above, including the Northern Spotted Owl. and the United States and the purpose of what otherwise would be a 12-mile By letter of March 12, 1997, the Service trans- H.R. 79. Resources Committee Chairman Don square, the bill would eliminate a dog- mitted its biological opinion that the imple- Young wrote to Associate OMB Director T.J. leg in the south boundary in the mentation of the Hoopa FMP will not jeop- Glauthier on March 11 in an extraordinary present reservation correcting this ac- ardize the Northern Spotted Owl or any of gesture to move forward expeditiously on tion. the other listed species (Biological Opinion H.R. 79. With this favorable reception in the No. 1–14–97–F–3). This opinion is consistent Congress, there is every reason to advance This irregular dogleg in the boundary with the Tribe’s policy of using extraor- the bill without further delay. Your atten- was apparently done to accommodate dinary care in the Hoopa FMP to protect the tion to this is appreciated. some non-Indian miners in the area reservation plant and wildlife resources. Of Sincerely, who were pursuing State claims, and course, the land to be transferred by H.R. 79 JOSEPH R. MEMBRINO. although those claims soon played out will be integrated into the Hoopa FMP. Mr. Speaker, I reserve the balance of and the miners left the area, this President Clinton’s memorandum on gov- my time. boundary was never changed and this ernment-to-government relations states that Mrs. CHENOWETH. Mr. Speaker, I he is ‘‘strongly committed to building a inequity was never corrected. more effective day-to-day working relation- yield 4 minutes to the gentleman from The land is administered, as I men- ship reflecting respect for the rights of self- California [Mr. RIGGS]. tioned, by the Forest Service. It is part government due the sovereign tribal govern- Mr. RIGGS. Mr. Speaker, I thank the of the Six Rivers National Forest. The ments.’’ In this case the Hoopa Valley Tribe gentlewoman from Idaho [Mrs. original timber on the parcel was sold has embraced that relationship and worked CHENOWETH], my very good friend and off by the end of the 1970’s to the bene- carefully, professionally, and in the spirit of the distinguished chair of the Sub- fit of the Federal Treasury and Federal the federal wildlife conservation effort for committee on Forests and Forest taxpayers. The area to be transferred the Northern Spotted Owl and all species on Health, for yielding me this time. I includes Tish-Tang Camp Ground, a the Hoopa Valley Reservation. In view of the Fish and Wildlife Service’s conclusion and also want to thank the gentleman from Forest Service facility. The Hoopa Val- the President’s memorandum on govern- Alaska [Mr. YOUNG], chairman of the ley Tribe has stated publicly, and I be- ment-to-government relations, the proposal full Committee on Resources, and of lieve that this is a very firm commit- to amend the bill is both unnecessary and in- course our Democratic colleagues who ment, that it will continue to operate appropriate. both last year and this year worked on Tish-Tang as a public campground. Finally on this point, we note a practical a cooperative, bipartisan basis to help This will be particularly important if political consideration. H.R. 79 has been as- advance this legislation. budget reductions necessitate reduc- signed to the Subcommittee on Forests and Mr. Speaker and colleagues, the bill Forest Health which is chaired by Rep. Helen tions in the Forest Service campground Chenoweth. Her antipathy toward the Presi- before us now on the floor under sus- operations and maintenance. dent’s Northwest Forest Plan is well-known. pension of the rules, I introduced on Furthermore, the tribe has assured We are afraid that the proposal to amend January 7 of this year, the first day of that public access to the gravel bar at H.R. 79 to require the Tribe to manage the the 105th Congress. It is for me a very Tish-Tang in the Trinity River will land pursuant to the President’s plan will be high personal legislative priority, be- continue. This is very important to seen by opponents of the Administration as cause it would convey to the Hoopa local citizens, my constituents in the an attempt to use legislation for the benefit Valley tribe in Humboldt County, CA, community of Willow Creek, which of the Tribe as a subterfuge to have Congress land to restore the tribe’s reservation neighbors or borders the reservation. It affirm the President’s plan. If the sub- committee makes the President’s plan an to its original intended, agreed-upon is also important to the people who issue in H.R. 79, we believe that politics boundary. This boundary is intended to regularly use the river for recreational could overwhelm the merits of H.R. 79 and be a perfect square. and business purposes. defeat the bill. This legislation is virtually identical Some minor amendments, Mr. Speak- 5. SETTLEMENT OF CLAIMS to House Resolution 2710, which I spon- er, have been made to the bill in com- This provision for claims waiver is unnec- sored in the last Congress. That bill mittee, and the administration has in- essary and, in any event, over broad. H.R. 79 passed the House by a voice vote on dicated it can approve the measure in is not the settlement of a legal claim. This is September 11, 1996. It was then cleared this form, as the distinguished ranking a policy matter regarding fair and honorable on a bipartisan basis for unanimous- member indicated. dealings between the United States and the consent approval by the Senate, and a Mr. Speaker, members of the tribe Hoopa Valley Tribe. In addition, the dis- representative of the Clinton adminis- have long been outstanding stewards of claimer refers to events occurring prior to tration wrote that the President would enactment of H.R. 79 unrelated to the south California’s north coast environment, boundary. The Tribe wonders why this clause sign the bill. However, to my great re- and they have been recognized for their is in the bill; it would appear to be an at- gret, the Senate adjourned for the year efforts to help restore fish and wildlife tempt to eliminate responsibility for any la- and for the Congress before the legisla- habitat in the Trinity River Basin. tent damage to the land such as might have tion could be acted upon. Again, that is This transfer proposed by this bill occurred from deposition of toxic chemicals why I have made this legislation a high would permit the tribe’s long-standing or other activities under the direction of the priority for action this year and why I land management and economic devel- Forest Service. We know of no such event greatly appreciate the help and support opment policies to be extended to the having occurred and would like to assume of my colleagues in moving this legis- that the Forest Service has none in mind ei- restored lands, the lands to now be as- ther. Also, the final proviso regarding a bar lation. sumed by the tribe. to any compensation for restrictions is unac- As my colleagues have heard, the bill The boundary should be adjusted to ceptable. It would strip the Tribe of Fifth would transfer to become a permanent reflect the original intent of Congress. Amendment protection against loss of prop- part of the Hoopa Valley Reservation, This is a matter of basic fairness and erty rights caused by Congress’ future impo- part of the tribe’s tribal lands, approxi- return to the members of the tribe sition of land use restrictions that otherwise mately 2,641 acres of land that is now what is truly theirs, and I urge my col- would be compensable. Seeking this kind of held by the U.S. Forest Service. For as leagues’ approval of the bill. a provision in the bill runs counter to the long as 10,000 years, the Hoopa Valley Mr. FALEOMAVAEGA. Mr. Speaker, spirit and substance of the President’s memorandum on government-to-government Tribe has lived in the Hoopa Valley, be- I yield myself such time as I may relations with the Tribe and would put the ginning their settlement at the mouth consume. Tribe at a disadvantage with respect to all of the Trinity River Canyon. As early At this time I would be remiss if I do other property owners. as 1851, a proposed treaty would have not express my sense of commendation CONCLUSION established a reservation actually en- to the ranking member of the sub- I hope you will be persuaded that the For- compassing an area larger than the committee, the gentleman from New est Service’s recommendations to amend present reservation. York [Mr. HINCHEY] certainly for his H3238 CONGRESSIONAL RECORD — HOUSE June 3, 1997 contributions and his attentiveness to b 1700 Kaptur Moran (VA) Sessions Kasich Morella Shadegg these measures, three measures pre- Kelly Murtha Shaw viously that we passed and H.R. 79 that AFTER RECESS Kennedy (MA) Myrick Shays is now up for consideration. I certainly The recess having expired, the House Kennedy (RI) Nadler Sherman thank the ranking Democrat on this Kennelly Neal Shimkus was called to order by the Speaker pro Kildee Nethercutt Shuster side of the aisle, the gentleman from tempore [Mr. STEARNS] at 5 o’clock Kilpatrick Neumann Sisisky California [Mr. MILLER]. p.m. Kim Ney Skaggs It is my understanding, Mr. Speaker, Kind (WI) Northup Skeen that this is the first opportunity that f King (NY) Norwood Skelton the gentlewoman from Idaho [Mrs. Kingston Nussle Slaughter NATIONAL WILDLIFE REFUGE SYS- Kleczka Oberstar Smith (MI) CHENOWETH], the chairman of the sub- Klink Obey Smith (NJ) committee, has had to manage these TEM IMPROVEMENT ACT OF 1997 Klug Olver Smith (OR) four pieces of legislation, and I want to The SPEAKER pro tempore. The Knollenberg Ortiz Smith (TX) Kolbe Owens Smith, Adam add my commendation to the gentle- pending business is the question of sus- Kucinich Oxley Snowbarger woman for her leadership and certainly pending the rules and passing the bill, LaFalce Packard Snyder for successfully bringing these four H.R. 1420, as amended. LaHood Pallone Solomon pieces of legislation to fruition. Cer- Lampson Pappas Souder The Clerk read the title of the bill. Largent Parker Spence tainly I have a very strong feeling that The SPEAKER pro tempore. The Latham Pascrell Spratt it will have the support of our col- question is on the motion offered by LaTourette Pastor Stabenow leagues here on the floor of the House. the gentleman from Alaska [Mr. Lazio Paxon Stark Leach Pease Stearns Again, I commend the gentlewoman YOUNG] that the House suspend the for her fine leadership in bringing these Levin Pelosi Stenholm rules and pass the bill, H.R. 1420, as Lewis (GA) Peterson (MN) Stokes pieces of legislation for consideration. amended, on which the yeas and nays Lewis (KY) Peterson (PA) Strickland Mr. Speaker, I yield back the balance Linder Petri Stupak are ordered. of my time. Lipinski Pickett Sununu Mrs. CHENOWETH. Mr. Speaker, I The vote was taken by electronic de- Livingston Pitts Talent LoBiondo Pombo Tanner yield myself such time as I may vice, and there were—yeas 407, nays 1, not voting 26, as follows: Lofgren Pomeroy Tauscher consume. Lowey Porter Tauzin I want to thank the gentleman from [Roll No. 156] Lucas Portman Taylor (MS) American Samoa [Mr. FALEOMAVAEGA] YEAS—407 Luther Poshard Taylor (NC) Maloney (CT) Price (NC) Thomas for his fine comments and also thank Abercrombie Coble Gallegly Maloney (NY) Pryce (OH) Thornberry him for his time and his efforts in help- Ackerman Coburn Ganske Manton Quinn Thune ing our committee be successful in ush- Aderholt Collins Gejdenson Manzullo Radanovich Thurman Allen Combest Gekas ering these bills through. Without his Markey Rahall Tiahrt Archer Condit Gephardt Martinez Ramstad Tierney good work, it could not have happened. Armey Conyers Gibbons Mascara Rangel Torres I also want to thank the gentleman Baesler Cook Gilchrest Matsui Redmond Towns from New York [Mr. HINCHEY], our Baker Cooksey Gillmor McCarthy (MO) Regula Traficant Baldacci Costello Gilman ranking minority member, for his good McCarthy (NY) Reyes Turner Ballenger Cox Gonzalez McCollum Riggs Upton work. Barcia Coyne Goode McCrery Riley Velazquez Mr. Speaker, I have no further re- Barr Cramer Goodlatte McDade Rivers Vento quests for time, and I yield back the Barrett (NE) Crane Goodling McDermott Rodriguez Visclosky Barrett (WI) Crapo Gordon balance of my time. McGovern Roemer Walsh Bartlett Cubin Goss McHale Rogan Wamp The SPEAKER pro tempore. The Bass Cummings Graham McHugh Rogers Waters question is on the motion offered by Bateman Cunningham Granger McInnis Ros-Lehtinen Watkins the gentlewoman from Idaho [Mrs. Becerra Danner Green McIntosh Rothman Watt (NC) Bentsen Davis (FL) Greenwood CHENOWETH] that the House suspend McIntyre Roukema Watts (OK) Bereuter Davis (IL) Gutierrez McKeon Roybal-Allard Waxman the rules and pass the bill, H.R. 79, as Berman Davis (VA) Gutknecht McKinney Royce Weldon (FL) amended. Berry Deal Hall (OH) McNulty Rush Weldon (PA) The question was taken; and (two- Bilirakis DeGette Hall (TX) Meehan Ryun Weller Bishop Delahunt Hamilton thirds having voted in favor thereof) Meek Sabo Wexler Bliley DeLauro Hansen Menendez Salmon Weygand the rules were suspended and the bill, Blumenauer DeLay Harman Metcalf Sanchez White as amended, was passed. Blunt Dellums Hastert Mica Sanders Whitfield A motion to reconsider was laid on Boehlert Deutsch Hastings (FL) Millender- Sandlin Wicker Boehner Diaz-Balart Hastings (WA) the table. McDonald Sawyer Wise Bonilla Dickey Hayworth Miller (CA) Saxton Wolf f Bonior Dingell Hefley Miller (FL) Scarborough Woolsey Bono Dooley Hefner Minge Schaefer, Dan Wynn GENERAL LEAVE Borski Doolittle Herger Mink Schaffer, Bob Yates Mrs. CHENOWETH. Mr. Speaker, I Boswell Doyle Hill Moakley Schumer Young (AK) Boucher Dreier Hilliard Molinari Scott Young (FL) ask unanimous consent that all Mem- Boyd Duncan Hinchey Mollohan Sensenbrenner bers may have 5 legislative days within Brady Dunn Hinojosa Moran (KS) Serrano which to revise and extend their re- Brown (CA) Edwards Hobson Brown (FL) Ehlers Hoekstra NAYS—1 marks and to include extraneous mate- Brown (OH) Ehrlich Holden rial on H.R. 1019, H.R. 1020, H.R. 1439, Bryant Emerson Hooley Paul H.R. 79, the bills just passed, and on Bunning Engel Horn NOT VOTING—26 H.R. 1420, considered earlier. Burr English Hostettler Burton Eshoo Houghton Andrews Doggett Payne The SPEAKER pro tempore (Mr. MIL- Buyer Etheridge Hoyer Bachus Ensign Pickering LER of Florida). Is there objection to Callahan Evans Hulshof Barton Farr Rohrabacher the request of the gentlewoman from Calvert Everett Hutchinson Bilbray Ford Sanford Idaho? Camp Ewing Hyde Blagojevich Furse Schiff Campbell Fattah Inglis Clayton Hilleary Smith, Linda There was no objection. Canady Fawell Istook DeFazio Hunter Stump f Cannon Fazio Jackson (IL) Dicks Lantos Thompson Capps Filner Jackson-Lee Dixon Lewis (CA) RECESS Cardin Flake (TX) The SPEAKER pro tempore. Pursu- Carson Foglietta Jefferson Castle Foley Jenkins b 1735 ant to clause 12 of rule I, the Chair de- Chabot Forbes John clares the House in recess until ap- Chambliss Fowler Johnson (CT) So (two-thirds having voted in favor proximately 5 p.m. today. Chenoweth Fox Johnson (WI) thereof) the rules were suspended and Accordingly (at 3 o’clock and 39 min- Christensen Frank (MA) Johnson, E. B. the bill, as amended, was passed. Clay Franks (NJ) Johnson, Sam utes p.m.), the House stood in recess Clement Frelinghuysen Jones The result of the vote was announced until approximately 5 p.m. Clyburn Frost Kanjorski as above recorded. June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3239 A motion to reconsider was laid on APPOINTMENT OF CONFEREES ON Medicare that will keep it sound during the table. HOUSE CONCURRENT RESOLU- the period of time when the baby TION 84, CONCURRENT RESOLU- boomers start to retire. f TION ON THE BUDGET, FISCAL But what is also contained in this YEAR 1998 budget resolution is an agreement to PERSONAL EXPLANATION Mr. KASICH. Mr. Speaker, pursuant fundamentally have growth in the non- Mr. FORD. Mr. Speaker, due to a delay in to clause 1 of rule XX and at the direc- defense discretionary programs, the the flight from my congressional district, I was tion of the Committee on the Budget, I programs that operate the agencies and unavoidably detained and thus was unable to move to take from the Speaker’s table departments of the Federal Govern- vote on rollcall vote 156. Had I been present, the concurrent resolution (H. Con. Res. ment. They will grow at a rate of about I would have voted ``aye.'' 84) establishing the congressional budg- half a percent a year, as compared to a 6-percent growth over the last 10 years. et for the U.S. Government for fiscal Frankly, I am still checking the f year 1998 and setting forth appropriate numbers, but I believe this will be the budgetary levels for fiscal years 1999, PERSONAL EXPLANATION smallest level of growth in nondefense 2000, 2001, and 2002, with a Senate discretionary spending that we have Mr. SANFORD. Mr. Speaker, unfortunately amendment thereto, disagree to the seen at least over the last 10 years, and my plane was delayed and I missed the vote Senate amendment, and agree to the we are going back to find out if it may on H.R. 1420, the National Wildlife Refuge conference asked by the Senate. be the smallest level of growth that we The Clerk read the title of the con- System Improvement Act. Had I been here to have ever seen; significant progress. vote, I would have supported the bill. current resolution. Let me also suggest the economic The SPEAKER pro tempore. The gen- foundation of this program. It is inter- f tleman from Ohio (Mr. KASICH) is rec- esting to note that during the Reagan ognized for 1 hour. years, the Reagan economic plan was Mr. KASICH. Mr. Speaker, I yield PERSONAL EXPLANATION underlaid by a growth in the economy myself such time as I may consume. that forecast somewhere in the vicinity Mr. PICKERING. Mr. Speaker, I was unable In an effort to try to move this of 4.3 to 4.4 percent. That is a growth to return to Washington, DC, today due to a along, Mr. Speaker, there really is not rate we dream about today and we death in my family and missed the following a reason, I do not believe, to get into would hope to achieve, but not one vote: any kind of protracted debate or dis- that has been achieved for a long time. Rollcall vote No. 156, passage of the Na- cussion here. This is just no more than tional Wildlife Refuge System Improvement Mr. Speaker, contained in this agree- an effort to go to a conference, a con- ment is not a 4.4-percent projection of Act (H.R. 1420). Had I been present, I would ference that I have labeled the fait have voted ``aye.'' economic growth that would make it accompli conference. somewhat unrealistic. What is con- There is not a whole lot that has to f tained in this agreement is a 2.1-per- be done. We have an agreement be- cent economic growth pattern. As we REMOVAL OF NAME OF MEMBER tween the administration and the Con- all know, the economy in this last AS COSPONSOR OF H.R. 1438 gress of the United States, and frankly quarter has grown at about 5.6 percent. we ought to get about it. We ought to Certainly we will not achieve those Ms. CHRISTIAN-GREEN. Mr. Speak- get it done this week, which we will get er, I ask unanimous consent to have levels of growth in this agreement, but done this week. what is important to note is that 2.1- my name removed as a cosponsor of the Just in a nutshell, I think we do need percent presumes that at some times bill, H.R. 1438. to know that this will provide for us The SPEAKER pro tempore (Mr. the economy will grow faster and at the first balanced budget since 1969, other times it will not grow as fast. We STEARNS). Is there objection to the re- since Neal Armstrong walked on the quest of the gentlewoman from the Vir- believe this is a conservative founda- Moon. It will be the largest amount of tion, a conservative economic forecast, gin Islands? entitlement savings. It will be the first There was no objection. much more conservative than the blue balanced budget since 1969. It would chip estimators across this country. also contain over the next decade f So what we have, Mr. Speaker, is we about $700 billion in savings in manda- have the largest amount of mandatory tory spending, including very signifi- MESSAGE FROM THE SENATE savings in history, a significant slow- cant reforms of Medicare. The Medi- down of the nondefense discretionary, A message from the Senate by Mr. care savings will be approximately the the programs that run the Government Lundregan, one of its clerks, an- same amount of savings that the Re- to a half a percent a year, conservative nounced that the Senate had passed publicans proposed in 1995. economics underlying this program, with an amendment in which the con- It will also have some structural the first balanced budget since 1969, currence of the House is requested, a changes. It is not just about dollars. and, Mr. Speaker, the much desired and concurrent resolution of the House of There will be some adjustment between fought for tax cuts that we believe will the following title: the rural and urban reimbursements as help the American family and will also H. Con. Res. 84. Concurrent Resolution es- part of the ability to give our senior help to grow this economy. tablishing the congressional budget for the citizens more choice. Let me just make a point. The cap- United States Government for fiscal year Furthermore, it will now begin to ital gains tax cut in our judgment is 1998 and setting forth appropriate budgetary pay the skilled nursing facilities and one of the things that can help build an levels for fiscal years 1999, 2000, 2001, and home health care providers a prospec- infrastructure for America that will 2002. tive amount, similar to how the hos- allow this economy to grow faster in The message also announced that the pitals work, in an effort to try to con- the absence of inflation. We think that Senate insists upon its amendment to tain the costs of Medicare. We think is very, very significant. the resolution (H. Con. Res. 84) ‘‘A con- these are obviously significant, com- We also believe that a child tax cred- current resolution establishing the bined with the fact that the shift of it is very important because it begins congressional budget for the United home health care from part A to part B to send the right signals to that insti- States Government for fiscal year 1998 will be kept in the premium, which will tution most under attack in the United and setting forth appropriate budg- mean that beneficiaries in fact will States, the American family. We be- etary levels for fiscal years 1999, 2000, bear a part of the burden, with the lieve it will also restore a little justice 2001, and 2002.’’ and requests a con- poorest beneficiaries continuing to in the area of estate relief, so as people ference with the House on the disagree- have some relief. work a lifetime to grow a business, ing votes of the two Houses thereon It is a structural change of Medicare they should not have these high levels and appoints Mr. DOMENICI, Mr. GRASS- with far more yet to come, and we will of taxation. LEY, and Mr. LAUTENBERG to be the be unrelenting in the idea of develop- Mr. Speaker, let me also make it conferees on the part of the Senate. ing ultimately a voucher program for clear that this is not the end of the H3240 CONGRESSIONAL RECORD — HOUSE June 3, 1997 road. We clearly have a number of to the distinguished gentleman from They do not want to have us come so things we want to do in the area of ad- South Carolina [Mr. SPRATT]. far to be so closely within reach of a ditional entitlement reform. We want Mr. SPRATT. Mr. Speaker, I yield balanced budget because we have taken to make fundamental changes in the myself 4 minutes. steps, among other things, to restrain operation of this Government, includ- Mr. Speaker, we passed on the House spending and also to restore the reve- ing the elimination of certain depart- floor before we left here for Memorial nue base of the Government, having ments. Day a historic resolution and we passed come so far to enact a tax bill that will it with bipartisan support. Budget res- b 1745 so diminish the revenue base of the olution House Concurrent Resolution Government that we will have this Let me make it clear that the hall- 84 was passed on this side of the aisle problem all over again, a structural mark of this Congress has been and on the Democratic side with a vote of problem that will not lead us to a bal- really the last two Congresses has been 132 to 70, if my recollection is correct, anced budget or at least will strike a the idea that we are going to return almost a two-to-one margin over here balance, a budget that will strike a bal- people’s power, money and influence and by an overwhelming margin on the ance in 2002 but will not be in true from this city back home to where the other side. What we do in this budget equilibrium. We will not have a prob- American people live. And that in- resolution really pushes the envelope lem finally and permanently resolved. cludes tax cuts. That includes letting of what we can accomplish in a budget That is why they are concerned that we people have more power in their pocket resolution. We have basically incor- keep within the bounds that we have by letting them keep more of what porated by reference a hard wrought, outlined in this agreement, this budget they earn. So no one should be mis- hard negotiated, bipartisan budget taken that this agreement is somehow agreement and the budget resolution, agreement of 1997, achieved over 3 to 4 the tax cuts that are authorized and the end of the road, but, really, it does months of negotiations, among the represent the fall, the kind of the fall the reconciliation instructions that are White House and the congressional put forth to it. of the . leadership and particularly the prin- Our motion to instruct conferees will I remember when that happened, and cipals on the Committee on the Budg- many people looked around and said et. go to the very essence of that particu- that it was hard to believe that we had Even though this agreement goes to lar tax reduction measure that will be actually defeated the Communists further lengths than we normally find part of the reconciliation instruction when the wall came down. Many found in a budget resolution, it really does and the budget conference agreement. it hard to believe. Frankly, when you not contain all of the detail we need to Mr. Speaker, I yield 4 minutes to the take a look at this agreement and you see that it is carried out as the parties gentleman from Michigan [Mr. see the fact that we are going to bal- who negotiated it intended. That is BONIOR], minority whip. ance the budget, we are going to have why I say we are pushing the envelope Mr. BONIOR. Mr. Speaker, I thank entitlement reform, we are going to of what we can accomplish with a my colleague for yielding me the time. have tax cuts, that this begins to real- budget resolution. I want to commend him, the gen- ly cement into place that the era of big It is important that we bring this tleman from Ohio [Mr. KASICH], and all government is at an end, and in a man- conference report to conclusion, to clo- those who worked on this budget agree- ner of speaking the Berlin Wall has sure with as much clarity and distinct- ment. Let me just say at the outset fallen in regard to this budget. ness as we can possibly give it, given that I think the vote that we will have It does not mean it is the end of the the vehicle we have got, a budget reso- shortly on this floor this evening could day, but it means that a tremendous lution, because many of us are still be one of the most important votes victory has been achieved here in the concerned that what comes out of the that we will have in this Congress. The United States, an agreement under- production line, off the production line, motion to instruct our conferees to scored by the idea that Government out of the authorizing committees and make sure that the tax piece of this should be smaller, that people should appropriation committees will resem- budget agreement does not explode in be more powerful. We think this is a ble, identifiably, what we are putting the outyears causing us a replay of giant first step with many more steps on the production line at the outset in 1981, where it took us more than a dec- to come. this budget resolution. ade to dig our way out of huge deficits. So, Mr. Speaker, I would urge that So the start of this process, the see- It is an important vote. I encourage we would go to conference, complete ing to it that we get it done right is our work, get this done by the end of all of my colleagues to be cognizant of this conference report, and so I wholly what will be happening here in just a this week, and then begin to put into support the idea of going to conference. few minutes. It is important because the permanent law the changes that we We tried an alternative, an expedited we knew, we know what happened back all seek. alternative that would have involved One other final note. Some have bringing to the floor of the House and in 1981. In the past, Republican tax looked at this agreement and have the other body conforming amend- bills, tax breaks for capital gains, wondered whether we get started on ments that would have in effect con- IRAs, have favored high income people, the deficit reduction up front. The an- verged the text of both budget resolu- and estate tax cuts all exploded outside swer to that of course is yes. With the tions to the same text. But we have the budget window. That has been the permanent changes in the entitlement failed at that effort. It does not appear history in the past when Republicans programs being enacted in this year, we can resolve that soon enough, so have controlled or have written the tax over time they will obviously accumu- this is the conventional device for bills that have become law. late savings. We are very happy with bringing the House and the Senate to- What we will be suggesting on this the fact that this, unlike previous gether on things we disagree about. floor when we get to it in a few min- agreements, will actually give us tax We will offer at the appropriate time, utes is that we accept the language of relief now, will give us savings now, assuming the House approves the mo- the Senate. The language of the Senate and entitlement savings beginning the tion to going to conference, our motion basically says this: that they want to minute that this reconciliation bill is to instruct conferees that will deal keep the $250 billion cost that we are signed by the President. with one particular aspect of this talking about on the tax bill on a 10- I wanted to thank the President for agreement that still concerns Members year period. No explosion after 5 years. cooperating with us and his assistants, on my side of the aisle. Some of these No 1981’s again. And the emphasis will including Mr. Bowles and Mr. Hilley, Members, our minority leader in- be on helping the poor working Ameri- Mr. Raines, Mr. Sperling; and I would cluded, were here in 1981 when the Eco- cans and middle-income Americans and also like to thank the gentleman from nomic Recovery Tax Act, Kemp-ROTH, it will be helping them with the child South Carolina, Mr. SPRATT for his was passed. And they feel that we are tax credit. It will be helping them with work and, of course, the gentleman only now beginning to restore the reve- the educational tax breaks that we will from New Mexico, Senator DOMENICI. nue base of the Federal Government to be putting forward and that have been Mr. KASICH. Mr. Speaker, for pur- the point where we are about to get rid put forward already in this debate on poses of debate only, I yield 30 minutes of deficits. the budget. June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3241 So I urge my colleagues, this is a that the gentleman from South Caro- control again. This is about getting maintenance budget that we are deal- lina [Mr. SPRATT] is making, we set in America on a firm financial foundation ing with here. We brought the Amer- motion something that will happen 10 with a balanced budget in the year 2002 ican people and we brought this coun- or 12 or 15 years out there. and in the years that follow that. That try into a balanced budget in 1993, If you are a baby boomer in this is why the 10-year $250 billion figure is when we voted for the 1993 budget that country and you are going to get to 65 so critical. brought the deficit down from $300 bil- in 15 years, just as the baby boom gen- Finally, as we get to tax breaks, let lion a year to the present level of about eration gets to taking Medicare and us direct those tax breaks to those who $65 billion. What we are doing now is Social Security, this major problem really need them, the middle-income, trying to maintain and get that extra will be back on the doorstep. working-income Americans that are inch that we need to the goal line. b 1830 stressed so hard trying to make ends If we do what we did with trickle- meet. That was agreed to by the Sen- down theory in 1981 and we pass a tax Who will be here to fix it? Well, it ate, a Republican-controlled Senate, bill that has exploding numbers in the will be our children. They will have with substantial support from both po- 6th, 7th, 8th, 9th and 10th year, we will then run for the U.S. Congress, and litical parties. be doing a disservice to this institu- they will be facing the same problem. This section 321 talks about a sub- tion, our colleagues who follow us and They will say to themselves, why did stantial majority of tax cuts benefits certainly the American people. the Congress of 1997 set in motion this will go to middle-class working fami- I want to urge all of my colleagues to mess? lies earning less than approximately support the motion this evening to put We can almost excuse the Congress of $100,000 per year and will not cause rev- some fiscal restraint on what we are 1981, because they did not know. They enue losses to increase significantly in doing by making sure that the tax ben- were not really paying attention or the years after 2007. efits get to those who really need them they did not know what was going to So all we are asking is that this bal- in the area of education and in the area happen. But we have now seen what anced budget agreement reflect bal- of child tax credits and make sure that happens when we give big tax breaks ance not just in 2002 but in the years we do not create for ourselves a situa- and cut the budget, and so we have no after 2002, and that those who benefit tion in which our children and our chil- excuse for setting in motion something from the tax cuts primarily be Ameri- dren’s children will be paying off this that will be an enormous problem for cans earning under $100,000 and less. exploding debt in the 6th, 7th, 8th, 9th, our children. Quite frankly, we have to make prior- and 10th years. I urge my colleagues, I urge all my colleagues to vote for ities and we have to direct the tax cuts when the time comes, to support my the motion to instruct the conferees of- to those who need them the most, colleague from South Carolina who fered by the gentleman from South working income, middle-income Ameri- will try to rein in these exploding out- Carolina [Mr. SPRATT]. cans. Please go with the motion to in- year deficits by a runaway tax bill. Mr. SPRATT. Mr. Speaker, I yield 3 struct. Mr. SPRATT. Mr. Speaker, I yield 3 minutes to the gentleman from North Mr. KASICH. Mr. Speaker, I yield 1 minutes to the gentleman from Wash- Dakota [Mr. POMEROY]. minute to the gentleman from Michi- ington [Mr. MCDERMOTT]. Mr. POMEROY. Mr. Speaker, the mo- gan [Mr. SMITH]. Mr. McDERMOTT. Mr. Speaker, tion before us is one that ought to be Mr. SMITH of Michigan. Just in re- today we have an opportunity to do accepted by acclamation, both parties, sponse, Mr. Speaker, I would hope we something which I cannot see any rea- staying within the spirit of this his- all keep track of some of our goals in son why anybody would not do. And toric balanced budget agreement. this country and what I assume we all that is to make sure that the tax As a member of the Committee on want to accomplish, and one thing is breaks that are put into this bill do not the Budget, I enthusiastically sup- more and better jobs. explode in the outyears. The estimates ported the agreement. I supported it So the question, as we review tax that we have seen on the proposals that because I felt it represented a com- cuts, is how do we get more and better have actually been put on the table by promise, a compromise that provided jobs and keep this economy growing? Senator ROTH and others have deficits Americans with a balanced budget, So to specify and say that the tax of $750 billion in the second 10 years. with tax cuts, and yet with essential cuts have to be just to a certain in- And if anyone votes against this reso- commitments to programs and na- come group, I think dismisses the larg- lution, they can only do it on one of tional priorities that reflect our basic er question of how can we best accom- two bases. One is that they do not care values. plish the goals that we all want to that we are replaying 1981. In 1981 we Now, what is before us tonight in the achieve, and that is more and better made decisions in this House, none of motion to instruct conferees offered by jobs for the American working family. us were here, most of us were not, at my colleague from South Carolina is Mr. KASICH. Mr. Speaker, I yield least, and it took us 15 years to dig simply to go with the Senate provision myself 4 minutes. ourselves out of it. Now here we are 104(b) of the Senate-passed resolution Mr. Speaker, I am not quite sure going back in the pit again and doing that the 10-year cost of the tax cuts what this motion to instruct is. I hope the same thing again and setting our- shall be $250 billion and, second, with it does not include in here a tax in- selves up unless we instruct our con- section 321 of the Senate-passed resolu- crease, but I am constantly amazed at ferees to refuse to put that kind of lan- tion that there ought to be a fair dis- the fact that people, some people in guage in the budget resolution. They tribution of tax cuts as to the $250 bil- this House, worry that people are going must limit the explosion in the out- lion. to get their money back. I cannot quite years. This is not a figure that has just understand why it is that there is this The only other reason that someone come up on the floor of the House, sense. would vote against this resolution or thrown into this motion. It was at the We are pulling the folks who for this motion by the gentleman from heart of the negotiations. It was at the many years fought against the bal- South Carolina [Mr. SPRATT] is if they heart of the negotiations because the anced budget and tax cuts a lot of the simply do not expect to be here. Senate requires a 10-year look at reve- way, but I guess I am not convinced we I understand there are a lot of Mem- nue losses under tax cuts, first of all; have changed their hearts yet. Maybe bers around here who believe in term and, second, because a balanced budget we will get there. But what I do not un- limits. Maybe they figure in 6 years plan that tried so mightily to reach derstand is what this sense is that they will all be gone, but the very balance by 2002 would be a sham if it somehow the Government will have Members who are here today saying we had a provision that exploded the reve- less and the people will have more. See, must balance the budget always put it nue loss under the tax cuts and threw I think that is a good thing, if the gov- in terms of our children. We have to do the budget wildly out of balance in the ernment has less and the people have it for our children. We do not want to years 2003 through 2007. more. I think it is a good thing if the sink our children in debt. Yet if we do This is not about hitting once a bal- Government has less power and the not limit the tax breaks by the motion anced budget only to spin wildly out of people have more power. H3242 CONGRESSIONAL RECORD — HOUSE June 3, 1997 Now, there are all kinds of ways we have about this Capital City of the that we want to make sure that mid- can give people their power. We can United States. dle-income Americans get remembered give them a right to send their kids Mr. Speaker, I would hope that, too. where they want to go to school with- frankly, we could even dispense with Mr. Speaker, I yield 3 minutes to the out the Government trying to tell this motion to instruct because now we gentleman from Minnesota [Mr. them where they ought to go. are trying to micromanage who gets MINGE]. We could actually let the housing au- the tax cuts. We are starting class war- Mr. MINGE. Mr. Speaker, those of us thority in Chicago decide that if they fare again. And then I think we are on the Committee on the Budget have want to check the residents to see if saying we will have a tax increase. worked on this budget resolution, and they have got guns in their place, they That is what I think this says. although there is partisanship in some should be allowed to do that. We ought Frankly, I hope it is not going to areas, I think that many of us feel that to set the rules that we want in our pass. I predict it is not going to pass. we have had and would like to have a housing authorities and the commu- And I think we should get on with this good working relationship with the nities we live. I think that is pretty and forget this motion to instruct and chairman of the committee, the gen- good. I would ask the gentleman from South tleman from Ohio [Mr. KASICH], and I think we ought to let people have Carolina to just unoffer this today. with the other Members who have spo- more choice on the kind of health care Mr. SPRATT. Mr. Speaker, I yield ken. I certainly sense from their com- they want to have. I think they can myself 2 minutes to respond to the gen- ments in other contexts that they too make that kind of decision. tleman. feel we should be working on a biparti- But aside from even those issues, a I think we all need to bear in mind san basis to the maximum extent pos- much bigger issue than all of that is that basically what we are doing in sible. the fact that people will have more this budget resolution for the next 5 Now, the comments earlier this after- money in their pockets. And when they years is borrowing more money so that noon, I think, sort of missed the thrust have more money in their pockets we can fund the cost of tax cuts. Bear of what we are really debating. The they, by definition, have more power. that in mind. statements were essentially made So I understand the idea that we do Second, what we are trying to do in ‘‘people good, government bad.’’ We are not want to violate the terms of this this motion to instruct, which we will not talking about ‘‘people good, gov- agreement. That is, I guess, to be ad- offer shortly, is say to the conferees ernment bad’’; we are talking about hered to. But, frankly, I wish we had stick to the strict outlines of the budg- what we need to do to ensure that we far greater tax cuts in this agreement et agreement that we have laid out. balance the budget. What do we need to and second, though, the notion that We have decided that we can make do to make sure that the tax cuts do somehow over the course of this that room for $85 billion in net revenue re- not balloon out of the channel that we people are going to actually keep more duction over 5 years in this budget and are trying to construct and flood our than what we set out and that we are $250 billion over the second 5 years. efforts or snuff out our efforts to bal- in this hyperventilated negative state Those are the limits. Please do not ance the budget. about that is something that is beyond stretch the limits because we are con- b 1815 me. cerned not just that we strike balance The simple fact of the matter is that in the year 2002, but that we put this And all that is being suggested is if we balance the budget faster, I do Government on a basis of equilibrium that we in the House side should accede not hear anybody saying that we and we will have a truly balanced budg- to the Senate in this respect. I do not should give people more of their money et that will last. believe that the Senate was dominated back. I do not hear anybody saying As to the revenues of the Govern- by radical liberals in the passage of the that we in fact may get to a balanced ment, here is the administration’s de- budget resolution. The Senate has budget sooner, and as we get to a bal- sign, which is basically incorporated in looked at this and has simply said, let anced budget sooner, let us give more this package and which is what they us make sure that on a 10-year basis tax cuts. sent up with the budget presented by the tax cuts do not exceed $250 billion. I have to say to my colleagues that President Clinton in February of this The Senate has also said, let us make the wave of the future is not about the year. The Government of the United sure that these tax cuts do not run Government having more power. The States is now spending around 20.3, 20.4 away with our efforts to balance the people of this country are saying they percent of GDP, gross domestic prod- budget after the 10-year period. And want government to have less power. uct. We are taking in taxes about 19.1 the Senate has said, let us make sure We better not knock on their door and or 19.2 percent. And there is the deficit, that the bulk of the tax cut benefits go tell them that we are from the Govern- the difference between the intake and to people earning less than $100,000 a ment and we are here to help. We are the outgo of the Government based year. not going to get that good a reception upon the percentage measured as a per- Now, if the Senate has engaged in from them, in case my colleagues have centage of our GDP. some sort of destructive and manipula- not noticed. The goal here, the design of this tive action with respect to tax cuts, Our crusade ought to be about giving package, as proposed by the adminis- those horrible Republicans in the Sen- people their power back, about making tration, as essentially embraced in this ate, or if they have initiated a class this town less important. And that is budget resolution, is to have revenues warfare strategy, it certainly is a sur- what we are all about. That is what we and spending converge at about 19.3 prise to me and I think almost every are all about starting in this budget percent of GDP. So spending as a per- Member of the House. I think that agreement: Balanced budget, hope for centage of GDP under this plan will what the Senate Republicans have put our children, tax cuts to give people drop, revenues will remain relatively into the budget resolution on their side more power, Medicare reform so people constant, and that is the scheme here. reflects nothing more than common can have more options, shrinking the We want to make sure that scheme is sense, and I certainly have found as I size of the Government that operates achieved, and that is what we are have journeyed throughout my con- the agencies and departments. That is about. gressional district that Republicans what we are all about in this agree- Second, in doing these tax cuts, we and Democrats alike agree that we ment. want to make sure that the people who ought to be about balancing the budget I am just going to argue that the rea- really deserve tax relief, middle-in- first and then when we know that we son we are balancing the budget is be- come Americans worried about how to have that under control and we have cause the people want it, and the rea- pay for college tuition and other such eliminated the deficit, we ought to be son why they ought to have tax cuts essential things, are not forgotten. cutting taxes and making sure that and less government is because they I know there is a lot of zeal to do whatever good programs we have are want it, and the sooner we get this capital gains tax cuts and estate tax adequately supported. For this reason, message the quicker we can end the cuts and to rewrite the alternative I urge that we all join in supporting cynicism and the skepticism people minimum tax, and in the zeal to do the motion. June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3243 The SPEAKER pro tempore (Mr. So what this does is to say we will trict, holding office hours in grocery STEARNS). The gentleman from Ohio live within the $250 billion revenue stores and local restaurants, talking to [Mr. KASICH] has 171⁄2 minutes remains. stream over 10 years like the Senate my constituents about this balanced The gentleman from South Carolina has already done. And I think that budget agreement. They told me they [Mr. SPRATT] has 111⁄4 minutes remain- makes sense. This is what we would liked the fact that education was ing. call in the transaction business, belts placed as No. 1 in the priorities for in- Mr. SPRATT. Mr. Speaker, I yield 21⁄2 and suspenders. We are making sure vestment. They liked the fact that minutes to the gentleman from Texas that we are going to follow through children’s health and health care for [Mr. BENTSEN]. and do it the right way and not cause working families that do not now have Mr. BENTSEN. Mr. Speaker, I thank problems down the road for our chil- health care was important to the proc- the gentleman from South Carolina dren. ess, as well as protecting the environ- [Mr. SPRATT] for yielding. Mr. SPRATT. Mr. Speaker, I yield 2 ment and creating jobs. But they ex- Mr. Speaker, this is a reasonable ap- minutes to the gentleman from New pressed one concern, and that was over proach, as the speaker before me said, Jersey [Mr. MENENDEZ]. and over again: Who will receive the this was adopted by the Senate, which Mr. MENENDEZ. Mr. Speaker, I tax cuts that are being proposed? is controlled by the other party. And I thank the gentleman from South Caro- Because in their minds, their history think it is very reasonable. Now, this lina [Mr. SPRATT] for yielding and I has been for the last 15 to 20 years that tax cut deal, which I voted for in the rise to support the motion that he is they, as working families, middle-class committee and I voted for on the floor, going to offer to instruct conferees, Americans, small businesses, family- is predicated on stable growth, it is and I would hope that the gentleman owned farms, have not seen the bene- predicated on asset sales. And we have from Ohio [Mr. KASICH] would support fits of the bulk of the tax cuts that to be honest with ourselves that it may the motion because, in fact, it is about have been instituted since the 1980’s, not work and we may end up with se- making sure that there are no tax in- and they are asking, whether it is a vere revenue losses down the road. We creases in the future. family-owned farmer who has put all of ought to take the steps now to ensure As someone who voted for the budget their hard work and sweat into their that we stay within the confines of the deal, I believe a deal is a deal. But the land, that they be protected in terms of original deal, and that is what the budget deal is only truly a deal if we the estate tax, and I very strongly sup- Spratt motion would do. balance the budget not merely on the port eliminating the estate tax for The gentleman from Ohio [Mr. KA- numbers but on the principles. That is those family-owned farmers or family- SICH] was talking about the Reagan why we must use the 10-year outlook owned small business, or whether it is years and the GDP assumptions in the on tax revenues. There is nothing mag- a young couple, not so young couple, Reagan years. And I know we do not ical about hitting a date in 2002 and depending on your perspective, in their want to confuse things with the facts then returning to deficits because we forties whose children just went off to and look at the statistics, but I think have planted the seeds of fiscal insta- college and they need to get a smaller it is important that we do. During that bility. Ten-year revenue figures are period, my colleague mentioned that about as honest as we can get. It is home now but all of their investments assumption of 4 percent annual growth very hard, however, to conceal tax ex- are tied up in equity in their house. was never realized, and of course that penditures which blossom and pro- That is their savings, and they are say- is true when you look at the historical liferate after 5 years if we use the other ing, can we please have capital gains statistics. The same could be said body’s revenue baselines. protection for us as working people. about this: I think the gentleman is The mess we are in today is because I would urge the committee to make correct in many respects, we assume of spending binges which began in 1981 sure that when we are done, tax cuts go some very conservative economic sta- when we massively front-loaded de- to those who need it the most. tistics, particularly as it relates to fense spending and tax cuts. These two Mr. SPRATT. Mr. Speaker, I yield 2 growth rates. But if you look at some measures created the tidal wave of minutes to the gentlewoman from other statistics and compare them to deficits 6, 7, and 8 years later that is Texas [Ms. JACKSON LEE]. historical average, we are using some causing the fiscal pain that we are ex- (Ms. JACKSON LEE asked and was pretty optimistic assumptions. periencing today. given permission to revise and extend For instance, our assumptions for in- It was voodoo economics back then, her remarks.) flation are 200 bases points less than and we should not resort to smoke and Ms. JACKSON LEE of Texas. Mr. what the recent historical average has mirrors now. The real magic is to keep Speaker, very simply, I rise to support been. Our assumption for interest rates the budget balanced in 10 years. Let us the Spratt amendment to this budget is about 300 bases points less than what keep the deal to permanent fiscal re- and raise three simple points to my the recent historical averages have sponsibility and use the most honest colleagues on the other side of the been. And our assumptions for unem- figures, the 10-year estimates. I urge aisle. Let me say, because of the work ployment are 1 percent less. And with my colleagues to make this an honest that we have already done, we have a respect to spectrum sales, we are as- deal and vote for the motion to in- booming economy. I think we should suming more than we have achieved be- struct conferees when it is offered. acknowledge that. The numbers sug- fore us. So it is possible that this deal Mr. SPRATT. Mr. Speaker, I yield 2 gest that we have the lowest unem- will not work out. minutes to the gentlewoman from ployment. One of the things that we I might also add that the chairman of Michigan [Ms. STABENOW). need to do, however, is create jobs for the committee, who I have a great deal Ms. STABENOW. Mr. Speaker, first I many in our community. of respect for, talked about the capital would rise to once again to congratu- On behalf of the 18th Congressional gains reduction and how that might late all parties on both sides of the District in Texas, two other points that create some inflation-free growth. That aisle for putting together this balanced I think are more far-reaching that we is quite possible. I have supported cap- budget agreement, which I was very should attest to, and that is that many ital gains reduction. I have introduced proud to support. It is not just about of our constituents wanted us to bal- a bill to do so. But I do not think we numbers, however, it is about protect- ance the budget and they wanted us to can ignore the fact that down Constitu- ing our values for our families. And bring down the deficit. This particular tion Avenue sits the chairman of the that is the reason why I rise this budget resolution and the motion to in- Federal Reserve and the current, like evening to support the motion to in- struct conferees on the budget resolu- his predecessor, tends to have a struct, which I think is incredibly im- tion is important, and that is because monitorist bent; and I think we would portant if we are to maintain the in- it instructs that the tax cuts do not ex- have to contend with them at some tegrity in the outyears of balancing ceed the $250 billion net cuts in the point if they saw increasing inflation- the budget and maintain our values budget agreement. free growth that they might start to that are outlined in the balanced budg- We do not want to bust the balanced take the punch bowl away and put on et agreement. budget. That is key and that is very the brakes, and that would also impact I had an opportunity to spend time important. And then I believe that we interest rates. over the district workweek in my dis- should have tax cuts but they should H3244 CONGRESSIONAL RECORD — HOUSE June 3, 1997 be tax cuts for working Americans, the and this Nation has worked so hard to made as simple as those of a common farmer, working Americans that have helped bring into balance. and capable of being understood by common build this country, a child tax credit, We have got to be very clear that tax farmers.’’ Things did not turn out as Jeffer- son hoped. an education tax credit, targeted es- cuts should go to those who need them Our economists, unlike Jefferson, fail to tate tax relief, targeted capital gains. the most and tax cuts should be con- distinguish between private borrowing and The real emphasis of this balanced strained in their growth and that tax public borrowing: they think the issue is budget should be for those Americans cuts should not upset the balance of whether the annual income stream (tax reve- who every day go out and work, every the budget in the year 2002. Otherwise, nues) is able to support the annual interest day continue to pay their taxes and we will end up in the situation as was cost. But the real issue is whether a $450 bil- build this country. We should create pointed out in lion annual charge—with no return—is so- jobs for the graduates in the 1997 class, this last week that the budget would be cially and politically sustainable. Does any- one think a 20-year-old earning $10 an hour, the 1998 class, the 1999 class and, yes, balanced only to become instantly un- or $20,000 a year, can afford to pay $4,234 in the year 2000 class. Put our people to balanced all over again. federal and state income tax and Social Se- work by focusing on the right kind of That is not what the American peo- curity tax? That amount, invested each year tax cuts that do not bust the budget, ple are asking us to do. They are ask- for 45 years at seven percent interest, would that have a targeted estate tax, a tar- ing us to bring this budget into balance give a nest egg of $1,268,000. The present geted education tax cut, a targeted and to keep it into balance and to force value of all the Social Security benefits he child credit tax cut, and to make sure us to choose our priorities and not will receive, starting in 2041, assuming the that this is truly a balanced budget charge it off to future generations. system still exists, is an unimpressive Just as we should not charge off spend- $12,400. The present value of health benefits that works for all Americans. he will receive is $25,800, and of welfare bene- Mr. KASICH. Mr. Speaker, I yield 1 ing, we should not charge off the tax fits, $20,500. The difference between $59,700— minute to the gentleman from Michi- cuts to future generations. the present value of all the benefits he will gan [Mr. SMITH]. Mr. Speaker, I insert into the RECORD ever receive—and $1,268,000 is a very expen- Mr. SMITH of Michigan. Mr. Speak- the following article by William J. sive government for someone making $10 an er, if a Member could respond from the Quirk: hour. other side briefly, I am very concerned THE EARTH BELONGS TO THE LIVING Can a government survive when so many resources are allocated to pay for inherited about this because what we are adopt- (By William J. Quirk) liabilities? Can a moral, orderly society sur- ing is a sense of Congress passed by the The President and Congress have both vive if it does? The debt, because of doubts Senate. And in section 321(2), it says promised us a balanced budget in the year on both scores, destroys the value of the cur- that if revenue starts going down after 2002. The debt, at that time, will be some- rency. The fear is that history will probably the year 2007, will increase taxes. where between six and seven trillion dollars, repeat itself, and the country will stoke up Most of the speakers over there say, which, assuming a seven percent interest inflation to reduce the effective burden of an look, we want a tax cut, we do want it rate, will cost close to $450 billion a year in unsupportable debt. Inflation may stay with- interest. Each year, every year, forever. Is it to go to the American working family. in bounds, as it has, barely, for the past 20 plausible to think the new generation will years. Or it may run out of control and de- But (2), the gentleman from South pick up that perpetual burden? How can the stroy the currency as it did in Weimar Ger- Carolina [Mr. SPRATT] says, after 2007, country equitably deal the debt burden? many in 1923. The Weimar inflation de- if revenues start going down, increase Debt can only be disposed of in five ways: stroyed the middle class, the basis of any de- taxes. That is not what we want. And I one, by paying if off; two, by repudiating it; mocracy, and made way for Hitler. Either do not think we should accept that three, by inflation—which is a veiled repudi- way, when the currency’s value is unpredict- idea that somehow if there is a slump ation; four, by conquering the creditor to able, individuals can’t plan for a child’s edu- cancel the debt or conquering a third party cation, business cannot look very far ahead, in the economy, what we do and how to seize sufficient wealth to pay off the debt; and the country is disoriented. we instruct conferees is to increase or, five, by large real growth which makes Jefferson, in a September 6, 1789, letter to taxes so that they do not have any rev- the debt service a smaller share of a growing James Madison, said he thought it self-evi- enue loss after the year 2007. pie. If large real growth is unlikely, and con- dent ‘‘that the earth belongs in usufruct The SPEAKER pro tempore. The gen- quest unpalatable, only the first three meth- [trust] to the living, that the dead have nei- tleman from South Carolina [Mr. ods are available. The classic approach is in- ther powers nor rights over it.’’ In 1823, Jef- 1 flation. The United States, since the Viet- ferson wrote to Thomas Earle, ‘‘That our SPRATT] has 3 ⁄4 minutes remaining. Creator made the earth for the use of the liv- The gentleman from Ohio [Mr. KASICH] nam War, has used consistent inflation, usu- ally around three percent, to reduce our ing and not of the dead; that those who exist has 161⁄2 minutes remaining. debt. Inflation can be a successful method if not can have no use nor right in it, no au- Mr. SPRATT. Mr. Speaker, I yield 90 no new debt is incurred, but continuing large thority or power over it; that one generation seconds to the gentleman from Califor- deficits, and the new borrowing to cover of men cannot foreclose or burden its use to nia [Mr. MILLER]. them, have overwhelmed the tactic. another, which comes to it in its own right Mr. MILLER of California. Mr. The Founders, other than Hamilton, be- and by the same divine beneficence; that a Speaker, I thank the gentleman from lieved that a perpetual debt was incompat- preceding generation cannot bind a succeed- ing one by its laws or contracts.’’ The cur- South Carolina [Mr. SPRATT] for yield- ible with self-rule, since the current genera- tion cannot be asked to pay for decisions rent generation, in other words, holds the ing. land as a life tenant does; he is entitled to Mr. Speaker, I was reading this week- they did not make. Thomas Jefferson, during his term, reduced the national debt by one- cultivate the land and enjoy the fruits of it, end an article by Professor William third despite paying cash to Napoleon for but he can’t hurt the interest of those who Quirk of the University of South Caro- Louisiana. ‘‘If we go to war now,’’ Jefferson are to come after. He should turn the land lina Law School, and he reminds us wrote to James Monroe in 1805, ‘‘I fear we over in the same condition he received it. that in the year 2002, when the budget may renounce forever the hope of seeing an Each generation is the steward for the earth end of our national debt. If we can keep at during its lifetime. is supposed to be balanced, we will owe Assume, Jefferson wrote, that Louis XV peace eight years longer, our income, liber- $450 billion in interest payments on a borrowed so much from the bankers of Genoa $7 trillion debt; and at that same time, ated from debt, will be adequate to any war, that the interest on the debt came to equal the discussion is how much are we without new taxes or loans, and our position the whole annual net profit of : and increasing strength put us hors d’insulte going to give away in tax cuts to indi- ‘‘Should the present generation of French- from any nation.’’ Jefferson, in 1804, listed men deed their property to the Genoese viduals. cutting taxes, cutting expenses, and reducing No more important decision will be creditors and leave their homeland? No. the national debt as the highest accomplish- They have the same rights over the soil on made by this Congress for future gen- ment of his first term: ‘‘To do without a land which they were produced, as the preceding erations as to whether or not, when we tax, excise, stamp tax, and the other internal generation had. They derive these rights not engage in the process of cutting taxes, taxes, to supply their places by economies so from their predecessors, but from nature.’’ whether or not we can control our- as still to support the government properly No generation, by natural right, can oblige selves and resist the political instinct and to apply $7,300,000 a year steadily to the the next generation to pay its debts. If it to hand out goodies and to hand out payment of the public debt.’’ Jefferson fore- could, it might, during its own time, ‘‘eat up saw that a debt policy, such as Hamilton fos- tax cuts that are disguised in the first the usufruct of the lands for several genera- tered, would be complicated and promote the tions to come, and then the land would be- years and then only to explode in the centralization of power. Jefferson wrote long to the dead, and not the living.’’ later years and then to cause an explo- James Madison in 1796 that ‘‘the accounts of Jefferson concluded that it would be ‘‘wise sion of the deficit that this Congress the United States ought to be, and may be, and just’’ for the Constitution to declare June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3245 that ‘‘neither the legislature, nor the nation Mrs. KENNELLY of Connecticut. Mr. something I think for the future of this itself, can validly contract more debt than Speaker, as we go to conference this country, the balanced budget, and they may pay within their own age, or with- evening on the budget resolution, we making sure that we do help on both in the term of 19 years.’’ Not all borrowing, of course, leads to wasteful spending debt. really should assure the American peo- sides of what we want in this, that we Debt may be invested in beneficial infra- ple they will get a balanced budget as can go a long way. structure. The 1846 New York Constitutional promised. So that means crafting the Mr. SPRATT. Mr. Speaker, I have no Convention, applying Jeffersonian prin- tax package in a way that makes it further requests for time, and I yield ciples, provided that the state could contract possible to provide the promised tax back the balance of my time. no debt except by a law approved by a ref- cuts while adequately measuring their Mr. KASICH. Mr. Speaker, I have no erendum. The debt, however, had to be for a cost to assure that the budget will ac- further requests for time, I yield back single ‘‘work or object’’ and be accompanied tually balance in 2002. the balance of my time, and I move the by a new tax sufficient to pay interest and retire the debt within 18 years. Or the debt That means playing fair with the previous question on the motion. may be invested to acquire intangible as- numbers. The numbers cannot be jury- The previous question was ordered. sets—which the society considers bene- rigged so as to provide only the illusion The SPEAKER pro tempore (Mr. ficial—such as Pitt’s Napoleonic Wars and of a balanced budget. How tragic it BONILLA). The question is on the mo- our World War II and Cold War. But, because would be, Mr. Speaker, if in fact after tion offered by the gentleman from of the absence of checks, spending is far these tax cuts were promised and the Ohio [Mr. KASICH]. more likely to be wasteful when borrowing is budget were laid out, that we would The motion was agreed to. permitted. If a country runs on a pay-as-you- MOTION TO INSTRUCT OFFERED BY MR. SPRATT go basis, whatever mistakes it makes will be not have a balanced budget but would paid for by those who made the mistakes. have a deficit that we have worked so Mr. SPRATT. Mr. Speaker, I offer a Moreover, the requirement of immediate hard to get rid of. motion to instruct. payment for government programs acts as an I think we should all agree on a bi- The SPEAKER pro tempore. The efficient brake on governmental enthusiasm. partisan basis that such an outcome is Clerk will report the motion. Debt, since it requires no immediate taxes, absolutely unacceptable. We will bal- The Clerk read as follows: removes the fundamental limitation that to ance the budget, we will give the tax Mr. SPRATT moves that the managers on fund a program for the benefit of one group, cuts, and we will use fair and honest the part of the House at the conference on the money has to be taken from a different numbers. disagreeing votes of the House of Represent- group. Under pay-as-you-go, the payers must atives and the Senate on H. Con. Res. 84, the currently pay what the payees will currently Mr. KASICH. Mr. Speaker, I yield 2 minutes to the gentleman from Califor- concurrent resolution on the budget for fis- receive. The payers are apt to resist—the cal years 1997 through 2002, be instructed to issue must be discussed—and some com- nia [Mr. CUNNINGHAM]. Mr. CUNNINGHAM. Mr. Speaker, I do everything possible within the scope of promise reached. the conference (1) to agree to section 104(b) With a borrowing policy, as Jefferson saw, would say to my colleagues on the of the Senate-passed resolution, limiting the the rules are entirely different. The consent other side, there is a lot of room that 10-year net cost of the tax cuts to $250 bil- of the governed is not necessary. The execu- we can maneuver in the future. We are tive proposes a program but now he meets no lion; (2) agree to section 321 of the Senate- effective opposition, since the legislature is looking at a lot of different savings, passed resolution, with respect to fair dis- equally happy to spend money today that and I think we can get support from tribution of tax cuts. will have to be repaid by future taxpayers. the other side of the aisle. The SPEAKER pro tempore. Under The viciousness of the borrowing policy is Let me give a couple of classic exam- the rule, the gentleman from South that the taxpayer of tomorrow is not rep- ples that I hope in the next budget can Carolina [Mr. SPRATT] and the gen- resented by any of the parties at the table. go toward more of the savings that we tleman from Ohio [Mr. KASICH] each The burden is easily cast upon the unrepre- are trying to send back to the Amer- will control 30 minutes. sented future. Programs can go forward that ican people. The 760 programs we have the current taxpayers are unwilling to pay The Chair recognizes the gentleman for. Unpopular programs—such as the Viet- in education, to take and see, and I from South Carolina [Mr. SPRATT]. nam War, the Great Society, and the Savings think it is fair to ask, which ones are Mr. SPRATT. Mr. Speaker, I yield and Loan bailout—can move ahead. Of working, which ones are not. The myself 2 minutes to explain the pur- course, when programs go ahead without the President is asking for $3 billion in a pose of the motion. consent of the governed, they are likely to new literacy program. We today are As I said at the outset when the gen- tear the country apart. funding 14 literacy programs. Let us re- tleman from Ohio [Mr. KASICH], the Jefferson believed that the debt-making chairman, introduced his motion to go power was too dangerous for the federal gov- duce the bureaucracy and see which ernment. Since it could not be safely lim- ones work. to conference, our purpose here is to ited, it had to be prohibited. Jefferson wrote When we take a look at the earned see that what comes out of the pipeline to John Taylor, on November 26, 1798: ‘‘I income tax credit, that there is a 26- resembles in its essential details what wish it were possible to obtain a single percent overpayment, so 25 cents out of we are putting into the pipeline in the amendment to our Constitution. I would be every dollar. We can have a lot of sav- form of this budget resolution, and in willing to depend on that alone for the re- ings from that and give it back to the particular on our side we are concerned duction of the administration of our govern- American people. We can take a look that after spending years in restoring ment of the genuine principles of its Con- at when we are getting as little as 50 the revenue base of the Federal Gov- stitution. I mean an additional article, taking from the federal government the power of bor- cents on the dollar back out of our edu- ernment to the point where we have rowing.’’ (Emphasis added.) cation from the Federal Government, got the deficit down to $107.8 billion Jefferson said in 1816 that the people, ‘‘not that we can drive it down and bring in last September, projected to be below the rich, are our dependence for continued a lot of private work for it, with my $90 billion, well below it, this coming freedom. And to preserve their independence, colleagues from the other side. And September, we do not want to make we must not let our leaders load us with per- take a look at the extension in Soma- the mistake made in 1981 and undo all petual debt.’’ If the leaders load us with such lia, Haiti and Bosnia has cost us over the progress that has brought us to debt, we will then be taxed ‘‘in our meat and in our drink’’ till we must, like the English, $15 billion and this new extension that this point where we can truthfully say live on ‘‘oatmeal and potatoes; have no time the President is talking about that al- we are within reach of a balanced budg- to think, no means of calling the ready is there, and then not pulling our et. mismanagers to account; but be glad to ob- troops, it is going to cost another $5 No. 1, we want to make sure that the tain subsistence by hiring ourselves to rivet billion. I think that there is going to tax writing committees, when they un- their chains on the necks of our fellow-suf- be a lot of room at which we can im- dertake to fulfill the reconciliation in- ferers.’’ We will, at that point, ‘‘have no sen- prove both of the issues on the bills structions, will strictly keep to the sibilities left but for sinning and suffering. and have more relief for the middle dictates of this resolution and see to it Then begins, indeed, the war of all against all.’’ class like we want and like my col- that the net revenue loss in the first 5 leagues on the other side do. I hate the fiscal years from 1998 to 2002 is no more b 1830 term middle class. It should be middle than $85 billion, and in the years 2003 Mr. SPRATT. Mr. Speaker, I yield 1 income, not middle class. I would ask to 2007 is no more than $250 billion. minute to the gentlewoman from Con- my colleagues on the other side to That was the agreement. We want to necticut [Mrs. KENNELLY]. work with us on this and that it is see it observed. Fundamentally, we are H3246 CONGRESSIONAL RECORD — HOUSE June 3, 1997 simply reiterating what is the agree- I would like to ask the gentleman, do hope that they will at some point to- ment reached among all the parties. I correctly understand what the gen- morrow allow the motion which would Second, in distributing the tax bene- tleman just said, that he supports this allow us to bring before the House a fits, the tax cuts, we want to say to the particular motion to instruct con- stripped-down version of the supple- tax writers, as the other body has said ferees, then? mental so that we do not, in fact, need- in its resolution, be fair to hard- Mr. KASICH. If the gentleman will lessly tie up this legislation for an- working Americans, see to it that they yield, I have no objection to doing other week. If we do not do this this get at least a significant part of the what we intend to do. week, we will certainly be here next tax benefit bill that we are about to Mr. SPRATT. So the gentleman sup- week doing next week what we ought write. Those are the two fundamental ports the motion to instruct conferees? to be doing this week, and it makes no things that we stress here today. We do Mr. KASICH. I support the idea that sense at all. not see how anybody in this House, we are going to live up to our agree- b 1845 Democrat or Republican, could differ ment on $250 billion in net tax cuts, or disagree with it. We hope that ev- and would agree with the gentleman We ought to simply see an end to the erybody, seeing the merit of this mo- that our plan is going to give the bulk partisan games, and we ought to move tion to instruct, will join in supporting of the resources to middle-income, this bill in the stripped-down version it. hardworking Americans. We favor that. on its way to the White House. Mr. Speaker, I reserve the balance of Mr. SPRATT. Mr. Speaker, I yield f my time. back the balance of my time, and I Mr. KASICH. Mr. Speaker, I yield REPORT CONCERNING EXTENSION move the previous question on the mo- OF WAIVER AUTHORITY FOR AL- myself such time as I may consume. tion to instruct. Mr. Speaker, I am pleasantly sur- BANIA, BELARUS, KAZAKSTAN, The previous question was ordered. prised that this motion does not call KYRGYZSTAN, TAJIKISTAN, The SPEAKER pro tempore. The for a tax increase. I have not had a TURKMENISTAN, AND question is on the motion to instruct chance to see it. I am now looking at UZBEKISTAN—MESSAGE FROM offered by the gentleman from South it. I tried to figure out a reason as to THE PRESIDENT OF THE UNITED Carolina [Mr. SPRATT]. why, and I was not hoping to find STATES (H. DOC. NO. 105–91) The motion was agreed to. something that I thought would blow A motion to reconsider was laid on The SPEAKER pro tempore. (Mr. up the agreement, but I wanted to the table. BONILLA) laid before the House the fol- carefully analyze it to make sure that The SPEAKER pro tempore. Without lowing message from the President of it does not. objection, the Chair appoints the fol- the United States; which was read and, In regard to the first part of this, together with the accompanying pa- which is that the 10-year net tax cut be lowing conferees: Messrs: KASICH, HOB- pers, without objection, referred to the limited to $250 billion, the answer on SON, and SPRATT. Committee on Ways and Means and or- that is that that is part of the agree- There was no objection. dered to be printed: ment and we are all in agreement that f the net tax cut over 10 years, as called MESSAGES FROM THE PRESIDENT To the Congress of the United States: for under this agreement, is $250 bil- I hereby transmit the document re- Sundry messages in writing from the lion. ferred to in subsection 402(d)(1) of the Let us not make any mistake about President of the United States were Trade Act of 1974, as amended (the it. Come the year 2000, if we elect a Re- communicated to the House by Mr. ‘‘Act’’), with respect to a further 12- publican President, I think we are Sherman Williams, one of his secretar- month extension of authority to waive probably going to see more tax cuts, ies. subsections (a) and (b) of section 402 of but all things staying normal here, we f the Act. This document constitutes my are going to have a compliance to the PASS A CLEAN SUPPLEMENTAL recommendation to continue in effect fact that we are going to have $250 bil- APPROPRIATION this waiver authority for a further 12- lion worth of tax cuts. month period, and includes my reasons The other provision in here is the (Mr. OBEY asked and was given per- mission to address the House for 1 for determining that continuation of fact that the substantial portion of the the waiver authority and waivers cur- tax cuts will go to people under minute.) Mr. OBEY. Mr. Speaker, I have intro- rently in effect for Albania, Belarus, $100,000. That is clearly our intent. In Kazakstan, Kyrgyzstan, Tajikistan, fact, the biggest item in our package is duced tonight H.R. 1755, a clean supple- mental which contains the items Turkmenistan, and Uzbekistan will a family tax credit. substantially promote the objectives of Frankly, I do not think this is really agreed to by the conference committee to this point on the emergency flood section 402 of the Act. I have submitted a very meaningful motion to instruct, a separate report with respect to the although I say to the authors of it, relief supplemental, but which strips the proposal from the unrelated par- People’s Republic of China. they have put it together, we will have WILLIAM J. CLINTON. a vote on it, and it will pass. Let me tisan riders which have been insisted on by the Republican leadership of THE WHITE HOUSE, June 3, 1997. just suggest that I do not see any lan- f guage in here that would call for re- both houses. pealing any tax cuts or anything else. I had intended to try to offer a mo- REPORT CONCERNING EMIGRATION Essentially this means that the bulk of tion this evening to take that bill up LAWS AND POLICIES OF ARME- the benefits will go to middle-income today but the majority leadership did NIA, AZERBAIJAN, GEORGIA, America, which we agree with, and sec- not want it cleared. I would simply say MOLDOVA, AND UKRAINE (H. ond that in fact the net tax cut will be that if the leadership insists on putting DOC. NO. 105–92) nonrelated items into the supple- $250 billion. The SPEAKER pro tempore laid be- mental, it is clear that the President With that, Mr. Speaker, as far as I fore the House the following message will veto that legislation and we will am concerned, we can all support this from the President of the United be here next week doing what we ought motion to instruct. States; which was read and, together to do this week, which is to pass a Mr. Speaker, I yield back the balance with the accompanying papers, without straight, clean supplemental appro- of my time. objection, referred to the Committee Mr. SPRATT. Mr. Speaker, I yield priation bill meeting the needs of the on Ways and Means and ordered to be myself such time as I may consume. flood victims in the various States in printed: I thought the gentleman was calling this country. for a vote by acclamation to endorse I would hope that by tomorrow, the To the Congress of the United States: this resolution. I did not hear him say House leadership and the Senate lead- I hereby transmit a report concern- anything that disagreed with the mo- ership would either have changed its ing emigration laws and policies of Ar- tion to instruct conferees. Is that the mind about insisting on those unre- menia, Azerbaijan, Georgia, Moldova, gentleman’s request? lated riders, or else if they have not, I and Ukraine as required by subsections June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3247 402(b) and 409(b) of title IV of the Trade Entitlement programs I think can be That resulting effort continues to be success- Act of 1974, as amended (the ‘‘Act’’). I defined as anybody that is eligible for fully managed by Houston Works, a not-for- have determined that Armenia, Azer- that money will automatically be paid profit organization based in Houston, TX. baijan, Georgia, Moldova, and Ukraine those sums. Of course, the large spend- I know from personal experience that a are in full compliance with subsections ing items are Social Security taking 23 summer job for those young people enrolled 402(a) and 409(a) of the Act. As required percent of the Federal budget now, into the Job Training Partnership Act's Sum- by title IV, I will provide the Congress Medicare, Medicaid, the welfare pro- mer Youth Employment Program sponsored with periodic reports regarding the grams, the food stamp programs, the projects around this country is more than just compliance of Armenia, Azerbaijan, agricultural programs; all on auto- an opportunity to have money for the next Georgia, Moldova, and Ukraine with matic pilot, if you will, that Congress school year, it is an opportunity to learn, live, these emigration standards. has lost control of and a majority in and experience the work environment and cul- WILLIAM J. CLINTON. Congress can no longer adjust those ture. THE WHITE HOUSE, June 3, 1997. spendings without the consent of the In 1997, Houston Works Summer Youth f President. Program plans to serve 6,500 young people You know, I think a lot of people between the ages of 14 and 21, with a pro- SPECIAL ORDERS misunderstood what happened 2 years jected budget of $8.9 million. This funding The SPEAKER pro tempore. Under ago when Republicans said that we are would only allow 3 percent of those who would the Speaker’s announced policy of Jan- going to take this discretionary spend- qualify to be included in the program. The po- uary 7, 1997, and under a previous order ing and use it as leverage to try to tential number of applications for this impor- of the House, the following Members change and slow down some of the in- tant jobs program is 43,000 young people will be recognized for 5 minutes each. creases in discretionary spending. which reflects the total number of disadvan- taged youth in the area served by Houston f Now, the Government closed down first 2 days, and then in December 1995, Works. Nationwide, there are 4 million youths The SPEAKER pro tempore. Under a who would qualify for this summer jobs pro- previous order of the House, the gen- 3 days, and then it came to March 1996, last year, and Republicans said, look, gram if funds were available. tleman from Georgia [Mr. KINGSTON] is Last year Houston Works provided 5,177 we are going to draw a line in the sand recognized for 5 minutes. jobs to youth ages 14 through 21 years, with and we are not going to pass this dis- a budget of $6.5 million. [Mr. KINGSTON addressed the House. cretionary spending bill that in effect His remarks will appear hereafter in This program has made a significant dif- runs the Federal Government unless ference in the lives and fortunes of Houston's the Extensions of Remarks.] the President agrees to submit a bal- f young people who were fortunate enough to anced budget. have their applications accepted. REASONABLENESS IN SPENDING The President though, does whatever One young lady in particular that comes to TAXPAYER DOLLARS he does to make those decisions, de- mind when I think of the real impact of our cided, yes, I am going to do that. Now summer jobs program has on the lives of our The SPEAKER pro tempore. Under a the whole world of Congress has previous order of the House, the gen- Nation's young people is Ms. LaQuista L. changed, and everybody is saying yes, Stewart. tleman from Michigan [Mr. SMITH] is we want to balance the budget. recognized for 5 minutes. Ms. Stewart is a remarkable young woman I mean that is the good news, that is who worked 4 years with the Summer Youth Mr. SMITH of Michigan. Mr. Speak- the great news, and now we are saying er, you know we are at the starting Employment and Training Program during the let us let people keep some of that summers of 1991 through 1994. Her place- gate of a new era, I think, in the U.S. hard-earned money in their pockets Congress of trying to look at what is ment included 2 years as a clerical assistant and start reducing taxes. That means at Smiley High School; 1 year at Texas Chil- reasonable and what is practical on the reducing the size of this overwhelming way we pay/spend taxpayers’ dollars. dren's Hopsital as medical assistant to the su- huge Government that is now out of pervisor of the pulmonary laboratory techni- We have just finished a debate and both control. sides have agreed that somehow Gov- cian in the Diagnostic Center, and 1 year as ernment is taking too much of the f clerical assistant to Houston City hard-earned money out of working The SPEAKER pro tempore. Under a Councilmember Felix Fraga. Ms. Stewart's uniqueness is not that she did families’ pockets, so we are in a new previous order of the House, the gentle- very well in her job placements, but that she, attitude saying that too big a Govern- woman from the District of Columbia like majority of youth served by this critical ment and too much taxes is bad for the [Ms. NORTON] is recognized for 5 min- program, had to overcome obstacles to meet people and it is bad for the economy. utes. the challenges and succeed in the program. I think as we look over some of the [Ms. NORTON addressed the House. At the age of 2, she and her family were in- weaknesses of this budget agreement, I Her remarks will appear hereafter in volved in a car wreck that left her stepfather suspect a couple of the areas that I the Extensions of Remarks.] permanently disabled and LaQuista lost her would put at the top of the list are the f spleen and left kidney. Her family has gone way we have dealt and tried to figure IN SUPPORT OF FULL FUNDING through great difficulty, both financial and per- out solutions for the reduction in sonally, as they learned to cope with their spending of entitlement programs. FOR SUMMER YOUTH EMPLOY- MENT physical and economic limitations after the ac- Entitlement programs next year will cident. use up 53 percent of the total Federal The SPEAKER pro tempore. Under a Ms. Stewart used the income provided by budget, and you know for a Congress previous order of the House, the gentle- her youth employment to assist her family fi- that was developed and given the re- woman from Texas [Ms. JACKSON-LEE] nancially and for college expenses. sponsibility of not only deciding how is recognized for 5 minutes. Despite her setbacks, Ms. Stewart was able much money was going to be spent and Ms. JACKSON-LEE of Texas. Mr. Speaker, to participate in the National Honor Society, how it would be spent to evolve in to- I rise today in order to focus on the need to became her Class Parliamentarian, worked day’s situation where Congress really sustain, expand, and fully support our Nation's with Future Business Leaders of America, and only has control of about 17 percent of youth through the federally funded Summer was ranked 40th in a class of 365 students. the budget; if you consider that the 17 Youth Employment Program. Ms. Stewart credits Houston Works Program percent that goes into defense spending I am strongly committed to the Summer which is funded by the Summer Youth Em- is almost on automatic pilot, because Youth Employment Program and would like to ployment Program for her successful job there is seldom a disagreement of more insure that it serves all of the needs for sum- placement in the office of Houston City than a plus or minus 10 percent devi- mer employment for our Nation's disadvan- Councilmember Michael J. Yarbrough. ation between the hawks and the doves taged youth. Councilmember Yarbrough hired Ms. Stewart and the Republicans and the Demo- Prior to my election to the U.S. House of in a permanent job on July 29, 1994. She cur- crats, we are left with discretionary Representatives, I worked to create an ex- rently works 40 hours per week and is en- spending that represents just under 17 panded Summer Youth Employment Program rolled in her third year at the University of percent of the Federal budget. that would serve the entire city of Houston. Houston. H3248 CONGRESSIONAL RECORD — HOUSE June 3, 1997 Some might say, in hindsight, that Ms. What I believe Congress failed to re- together to build such a meaningful re- LaQuista Stewart would have been a success alize as it recessed and went home lief package to our area. But it does without the Summer Youth Employment Train- without taking action was that it left not do any good if it is not passed. ing Program, and if this were a perfect world literally thousands of people in the Simple as that. I would agree with them. Unfortunately, this area I represent utterly in limbo. Mr. Speaker, deed is in the enacting world is not perfect and those deserving of a Some have suggested that the disas- and getting the resources available. chance to learn valuable job skills are not al- ter did not need prompt attention, Promises at this point mean nothing to ways afforded that opportunity. FEMA is operating, SBA is operating, people who have got no place to live. the programs are in the pipeline chug- I would like to stress the need to look at b 1900 summer youth employment as an extension of ging along happily, providing all the the learning experience for those young peo- disaster relief anyone could ever re- The conference committee recon- ple who would otherwise not have that oppor- quire. That is simply wrong; they are venes tomorrow. It is my urgent hope tunity. It is the best example that we can con- simply wrong. In fact, the disaster bill and request of the conferees that, as vey to disadvantaged youth the valuable les- hung up in conference committee con- they come back into session, remember sons of work and responsibility. tains in one of its most essential parts those in the flood-ravished areas I rep- I would like to see the funding for summer $500 million of community develop- resent, put politics aside, and get about youth employment create a separate funding ment block grants. This funding is lit- the business of getting people the help stream for this significant program. Most of our erally the linchpin of the Grand Forks’ they so desperately need. disadvantaged young people live in urban recovery effort because it will provide f areas that can best be served by direct fund- the funding for the expanded floodway, TRIBUTE TO JOHN SENGSTACKE ing of these programs. The block grant ap- it will provide the buyouts that will proach is detrimental to summer youth em- purchase the homes in the floodway, The SPEAKER pro tempore (Mr. GIB- ployment because it may not leave States with giving their owners the capital they BONS). Under a previous order of the the needed flexibility to assign funds based on need to get on with planning where House, the gentleman from Illinois the particular socioeconomic demographics of they are going to live next; do they [Mr. DAVIS] is recognized for 5 minutes. the various States. build, do they buy? Whatever. Without Mr. DAVIS of Illinois. Mr. Speaker, I This summer jobs program provides income that community development block rise today to pay tribute to a great that will generate spending, often in impover- grant funding, without the assurance, American who recently passed away, ished neighborhoods, the summer program and the commitment of those resources one whose life has flowed and influence helps generate economic growth. For each to our area, people are utterly on hold. has flowed from his office on the near 1,000 kids employed, the program brings be- Imagine having your home in the south side of Chicago to points across tween $1 and $1.4 million to those community. floodway, but with the city unable to America and throughout the world, Mr. I would hope that the Congress can meet determine exactly what funding will be John H. Sengstacke. He spent 50 years the administration's request of $871 million for available for home buyout purchase, as publisher of the Chicago Daily De- the next fiscal year's funding of our Nation's the city cannot tell you whether or not fender newspaper, which was founded Summer Youth Employment Program. I would to repair your home. Now your home by Robert Abbott in 1905 and sold as also ask that you keep in mind the full benefits has got about $20,000 or $30,000 worth of many as 200,000 copies a week during of the Summer Youth Employment Program, damage, and this is the case of hun- World War II, when it championed de- both tangible economic benefits and intangible dreds of homes. You do not know segregation of the Armed Forces and job learning experience benefits. whether to put in $20,000 or $30,000; you paved the way for Jackie Robinson to f already lost most of your life’s invest- become the first black to play major ment in the equity of your home. You league baseball. PROMISES MEAN NOTHING TO do not know whether to put in that John Sengstacke was born in Savan- PEOPLE WHO HAVE NO PLACE money without knowing whether you nah, GA, educated at Hampton Insti- TO LIVE might be bought out and forced to tute in Virginia, and spent the rest of The SPEAKER pro tempore. Under a move within a year again anyway. And his life working for and building the previous order of the House, the gen- so you wait, as hundreds of families are Chicago Defender newspaper, a paper tleman from North Dakota [Mr. waiting in Grand Forks each and every which under the leadership of Mr. Ab- POMEROY] is recognized for 5 minutes. day of the 12 days that Congress went bott had acquired a readership far be- Mr. POMEROY. Mr. Speaker, it is out on recess without taking action. yond Chicago by being an early cham- now day 12, 12 days since Congress re- Your children may be living with pion of the great migration beginning cessed without taking action on the grandparents or relatives, other rel- in World War I. disaster supplemental appropriations atives, maybe friends. Your family may Mr. Abbott preached in his editorials bill. It is the sixth week since an abso- be scattered. You may be commuting that the destiny of blacks was in the lutely devastating flood, a flood of 90 miles one way to work because you north, where factories were desperate 1,000-year proportion, hit Grand Forks do not have a place to live, and Con- for workers. Pullman car porters acted and inundated North Dakota’s second gress recesses. as unofficial circulation agents by largest city, a city of 50,000 people. And during the recess, Mr. Speaker, picking up copies in Chicago and drop- One of the things that as we saw the Members traveled all over the world ping them off at barber shops and footage broadcast throughout this enjoying their time away from legisla- churches along their southern runs. country and, in fact, across the world, tive business. Well, the people in Grand In the 1940’s Mr. Sengstacke founded as you looked at literally a city Forks would have liked to have taken the Negro Newspaper Publishers Asso- steeped in the Red River water, it was time away from their business, their ciation, now known as the National a horrible visage. But one of the things business of trying to pull themselves Newspaper Publishers Association, that I think we perhaps could not fully out of the floodwater and the mud of which has more than 200 members. He appreciate as we watched that horrible the Red River and get on with their also acquired the new Pittsburgh Cou- site and saw the fires ravaging the productive lives. But they could not do rier, the Detroit-based Michigan downtown in the middle of this flood- it, and the reason they could not do it Chronicle, and the Tri-State Defender water is the extent of damage occur- is because this bill was hung up in con- published in Memphis, TN. Out of the ring in each and every structure that ference committee. Defender has emerged a Chicago insti- had that floodwater in it. There was a tremendous construc- tution, the Bud Billiken parade. As an During the 12 days since Congress re- tive, bipartisan effort in building a activity of the Defender charities, the cessed I spent a good deal of that time good disaster bill. I personally have Bud Billiken parade has grown to be in Grand Forks. The stories that I stood here on the floor of the House one of the largest community celebra- heard directly from the people im- and expressed my appreciation to the tions in the Nation. Mayors, Gov- pacted from this flood were among the Speaker, to the majority leader and to ernors, Senators and even Presidents most moving I have heard from any- the other Members, both in the major- have marched or ridden in this parade, one. ity and the minority, who have worked which traditionally draws more than a June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3249 million active viewers and participants States. I say that because it simply I am very pleased that I am joined by each year. means that we would be continuing the gentleman from Pennsylvania (Mr. The Chicago Daily Defender news- with normal trading relations that FOX), my friend and colleague, and paper has been a haven and inspiration exist with virtually every other coun- many others in this House who under- for renowned journalists and publishers try on the face of the earth. stand that trade promotes private en- such as Lu Palmer, Vernon, Jarret, Like every Member of this House of terprise, which creates wealth, which Faith Christmas, John H. Johnson, and Representatives, I am very troubled at improves living standards, which un- Chinta Strasburg, to name a few. the human rights violations that we dermines political repression. It has John Henry Herman Sengstacke was have seen take place in China over the happened in the last decade and a half an adviser to Presidents Truman, Ken- past several years. I am very troubled in South Korea, Taiwan, Chile, and Ar- nedy and Johnson. Through his influ- at the treatment of Tibet. I am very gentina, and it is not going to happen ence with President Franklin Delano troubled at the saber-rattling which overnight, but clearly, it will help in Roosevelt, Mr. Sengstacke arranged for has taken place in the Taiwan Strait. China. So let us maintain engagement. the first African-American correspond- The idea of weapons proliferation and When the resolution of disapproval ent in White House history, Mr. Harry transfer to Pakistan and Iran and po- does come up here on the House floor, McAlpin. He also figured prominently tentially other nations troubles me I urge my colleagues to join in voting in influencing President Roosevelt to greatly. I will say that, as we look at against it so that we can move ahead hire African-Americans to work for the every single one of these very serious in our attempt to get our values, our U.S. Postal Service. He received 10 problems, we have to ask ourselves the great values of freedom and democracy Presidential appointments, including question: How do we most effectively and liberty throughout the entire his selection by President Truman to deal with those problems? world. Mr. Speaker, it is extraordinarily ob- serve on the committee on equality of f treatment and opportunity in the vious to me that the most effective Armed Forces, which resulted in deseg- way to deal with those problems is to TRIBUTE TO EMIL CIAVARELLI continue to get our Western values regation of the military. The SPEAKER pro tempore. Under a In the 1940’s Paul Robeson and John into the most populous nation on the previous order of the House, the gen- face of the earth. Some are unfortu- Sengstacke arranged a meeting with tleman from Pennsylvania [Mr. FOX] is Jim Landis, commissioner of baseball, nately trying to equate the People’s recognized for 5 minutes. Republic of China with the former So- and Branch Rickey, manager of the Mr. FOX of Pennsylvania. Mr. Speak- viet Union. The differences are very, Brooklyn Dodgers, which led to the er, I rise today to salute a very special very important and need to be under- hiring of Jackie Robinson to play gentleman from my district in Mont- scored. gomery County, PA, Emil J. Ciavarelli, major league baseball. He served as The had a policy of ex- chairman of the board of Provident a funeral director of great renown, a pansionism throughout eastern and civil leader, an outstanding business- Hospital and Training School Associa- central Europe. At this moment we are tion which rebuilt the Provident Medi- man, a proud father and grandfather, a up in the Committee on Rules talking wonderful husband, who recently died. cal Center which enabled the legendary about the issue of NATO expansion, He was a graduate of Ambler High hospital in which the world’s first open and obviously, the Chinese have not School, Temple University and the heart surgery was performed by Dr. been involved in that. Look at the ex- former Eckels College of Mortuary Danial Hale Williams, to continue its pansion that we saw by the Soviet services to African-Americans and oth- Science in Philadelphia. Union into this hemisphere when Mr. Ciavarelli was a member, orga- ers who live in its area. through the decade of the 1980’s we nizer, and chartered chairman of the Mr. Speaker, I express condolences to struggled with this continued pattern Montgomery County Funeral Directors the Sengstacke family, friends and em- of assistance that went to the Com- Association. He was one of the few fu- ployees of the Defender newspapers on munist dictatorship in , ex- neral directors, Mr. Speaker, selected the occasion of his death. porting its revolution into El Salvador by the U.S. Exchange program to tour John Sengstacke worked diligently and other countries. So the difference the Middle East and Russia, observing to end racism, sexism, and anti-semi- is very, very important. tism. He fought for open housing, to Some people want to create another funeral practices. educate children, to provide charitable cold war enemy, Mr. Speaker. We Mr. Ciavarelli was on the board of di- services to humanity, to defend the should not do that. It would be irre- rectors of Progress Federal Bank, the U.S. Constitution, and to protect the sponsible, a major mistake. The single planning commission of Conshohocken rights of people throughout the world. most powerful force for positive change and the Conshohocken school board. He John Henry Herman Sengstacke, a man in the 4,000-year history of China has has been a sponsor of the Babe Ruth who knew how to use a newspaper to been the market reforms which have Baseball League of Conshohocken and become an influential and powerful dramatically improved the standard of a church leader at St. Cosmas and American. living. I am convinced that, if we were Damian Church in Conshohocken, PA. f to in any way cut that off, we would In addition, he was the founder of the not be isolating China from the United Christopher Columbus Civic Associa- PROMOTING VALUES OF DEMOC- tion of Philadelphia, PA. He was cho- RACY AND LIBERTY IN CHINA States or the world. What would hap- pen is we would isolate the world’s sen to be involved in the 500th anniver- The SPEAKER pro tempore. Under a only complete superpower, the United sary celebration of Christopher Colum- previous order of the House, the gen- States of America, from the most popu- bus and had a special audience with tleman from California [Mr. DREIER] is lous nation in the world. Pope John Paul the Second. He was recognized for 5 minutes. So looking at the allies in that re- honored recently by the Italian Gov- Mr. DREIER. Mr. Speaker, I would gion, we also have to recognize that ernment and made a cavalier and mem- like to first thank my colleagues for Hong Kong, which will revert to China ber of the Cavaliers Society. He was a their forbearance. I rise tonight to re- in just about 3 weeks, very strongly member of the Conshohocken Chamber spond to the fact that this morning we supports our continuance of most-fa- of Commerce and he was given Man of saw the official beginning of the annual vored-nation trading status for the the Year status in 1967. debate on the extension of most-fa- People’s Republic of China. We have to Mr. Speaker, Mr. Ciavarelli was a vored-nation trading status for the look at religious leaders. Many reli- former member and organizer of the People’s Republic of China. Quite gious leaders have come forward saying Kiwanis Club of Conshohocken and he frankly, the term ‘‘Most Favored Na- that their greatest opportunity to con- served as its club president. He was a tion’’ is, to use what is today the ver- tinue expanding their message into fourth degree member of the Knights of nacular, I guess, a very inappropriate China is for us to maintain our engage- Columbus and he was also a member of euonym, e-u-o-n-y-m, to describe the ment there. the Holy Name Society of St. Mary’s trade relationship between the People’s So Mr. Speaker, the debate is going R.C. Church, a member of the Washing- Republic of China and the United to rage on for the next several weeks. ton Fire Company and Conshohocken H3250 CONGRESSIONAL RECORD — HOUSE June 3, 1997 Fire Company and a regional rep- tant legislation. It is a very unfortu- THE INTERNAL REVENUE SERVICE resentative of the Boy Scouts of Amer- nate situation we have because the The SPEAKER pro tempore. Under ica. people in the flood-ravaged Midwest the Speaker’s announced policy of Jan- But more than all of the activities of need this money. We have set aside uary 7, 1997, the gentleman from Texas Mr. Ciavarelli, he was someone who money for them but they need this bill. [Mr. SESSIONS] is recognized for 60 min- cared greatly for his community, his But again, we have a CR attached to it utes as the designee of the majority family, and for his country, and he was and the President seems more con- leader. one proud American who really made a cerned with making sure we do not Mr. SESSIONS. Mr. Speaker, tonight positive difference. So to my col- pass this CR. I rise to talk, with several of my col- leagues, he is someone special as a role The troubling thing about the Presi- leagues, about the Internal Revenue model that others can look up to, not dent’s proclaimed opposition to this Service. The Internal Revenue Service, only in my community and State, but supplemental is that he claims to sup- through a series of laws that have been throughout the Nation. port the Republicans’ efforts to pre- passed for many years, has what is f clude a Government shutdown. He has called the Internal Revenue Code. What often stated publicly his desire to initi- CONTINUING RESOLUTION BEING this code is is it consists of two huge ate a failsafe mechanism, but when books that I am showing the audience HELD HOSTAGE push comes to shove and we present tonight that are very thick with very him with an opportunity, he refuses it. The SPEAKER pro tempore. Under a fine print that talk about the tax laws previous order of the House, the gen- He claims that America needs a solu- tion. The CR is such a solution. I urge of this country. tleman from Florida [(Mr. STEARNS]) is Tonight myself and my colleagues the President to support it. It is a sim- recognized for 5 minutes. stand to talk about not only the Tax ple and reasonable effort to protect the Mr. STEARNS. Mr. Speaker, I rise Code but the application of that Tax American people from the kind of par- today to talk about the supplemental Code by citizens of this country, and tisan political battles that shut down appropriations bill; specifically, the also how they are judged in that Tax the Government and suspended essen- provision of the bill known as the auto- Code by the Internal Revenue Service. tial Government services 2 years ago, matic continuing resolution, or CR. Tonight we stand to talk about H.R. the kind of political battle the Presi- Two weeks ago we left Washington 1145, the Home-based Business Fairness without passing the supplemental ap- dent claims he opposes. Does the President want to shut Act of 1997. It allows self-employed en- propriations measure. This was unfor- trepreneurs, which are the fastest tunate. Unfortunately for all Ameri- down the Government? Does he want hardship and inconvenience? I do not growing and most dynamic sector of cans, and in particular for the victims think he does. our economy, and as a simple matter of of the recent Midwestern floods, this In other words, as if it were not bad fairness, to deduct the expenses of a important and well-meaning legisla- enough to say, I am against a CR, he is home office and 100 percent of their tion has become a hostage because of also against a simple supplemental to health insurance costs. H.R. 1145 also the President and some Democrats who help the flood victims. The proclaimed provides a clear definition of an inde- do not like this CR which was attached opposition to the CR has really nothing pendent contractor to help entre- to this bill. to do with the supplemental. Rather, preneurs avoid crippling IRS costs and During the floor debate on the bill, the President’s opposition is that he fines. the House voted overwhelmingly to wants a fail-safe mechanism itself, and This year small business cited the amend the bill to include an automatic he does not think the CR does it, so he cost of health insurance as the No. 1 continuing resolution, a failsafe provi- is going to veto it. But, Mr. Speaker, concern, and tax demands accounted sion that would automatically and the majority of people on the House for 6 of the 10 most severe problems fully fund the 13 appropriation meas- floor overwhelmingly supported this confronting small business. ures, should any or all fail to be passed CR. It was a very large vote. H.R. 1145 deals with both of these into law. In other words, we added a Let me conclude by saying to my col- concerns, addressing the high cost of a commonsense provision to an already leagues, the Republican Party did not home office and of health care. Because fair measure. shut down the Federal Government in many small businesses use independent Mr. Speaker, I would like to call it 1995, and we will not be responsible for contractors, their business status is an insurance policy for the American a shutdown if it happens again. Back critical to the success of entrepreneurs people. The provision we are talking then the Congress sent to the President all over this country. about that the President and some more than adequate appropriations An independent contractor is one Democrats object to is quite simple bills, and he simply vetoed them. To who does work with the help of some- and generous. Should any of the bills preclude this from happening again we one but who is not under that person’s fail to become law by the end of the fis- have included a simple insurance pol- control. This allows entrepreneurs to cal year, they would be fully funded at icy in the supplemental, and yet, Mr. work for themselves but with the as- 100 percent of this year’s funding level. Speaker, he is opposed to it. sistance of a primary contractor, as a In other words, there are no cuts, no In other words, we have included primary contractor does not have to elimination of any programs as a result within this bill a provision to ensure withhold taxes for his independent con- of passage of the CR. the uninterrupted continuation of vital tractors, and that is why this issue is The President objects to this. Does services like Social Security, Medicare, so important. the President want the opportunity to Medicaid, and veterans benefits. We What we would like to discuss to- spend more money? Does he want an have attempted to remove politics night is H.R. 1145 and how this is going increased level? Furthermore, the pas- from the appropriations process, and to play out. We have any number of is- sage of this simple CR would balance yet the President unfortunately ob- sues to discuss, including factors and the budget within 5 years set forth in jects. criteria which the IRS uses to deter- the budget agreement. For the good of our country and the mine these independent contractors. But as I talk tonight, what we would b peace of mind of her citizens, we should 1915 pass into law this commonsense insur- like to do is further examine what is It is incredible that we have the ance mechanism, a CR that will keep happening in the marketplace. As we claims that supporting a balanced the Government operational when par- talk about the marketplace, what we budget could actually impose a prob- tisan conflicts arise. I am an original are talking about is small businesses, lem. But simply, if the President was cosponsor of this legislation and a men and women who are attempting truly serious about balancing the budg- longtime supporter of the ideals behind not only to do work out of their home, et he would support the CR provision the CR. I urge the President to recon- but also work in industry and work in and Congress could at long last pass a sider his position, not just for the im- business. much-needed disaster relief act. mediate needs of the flood victims, but What we would like to do is to pro- Nevertheless, Mr. Speaker, the Presi- for the long-term good of the entire vide several examples of how the fac- dent has promised to veto this impor- country. tors that are based upon the 20-point June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3251 criteria, the 20 factors, how they play structions on how to do that or wanted rived, not only here as far as the home out with the IRS. me to have some specific training or office deduction, which will create Mr. HILL. Mr. Speaker, will the gen- wanted to provide some of the tools, or more jobs and create economic growth, tleman yield? wanted to tell me what hours of the but I believe it is a step in the right di- Mr. SESSIONS. I yield to the gen- day that I might be able to do those rection of making IRS more taxpayer- tleman from Montana. services, all of those criteria, any one friendly, if that is possible. Mr. HILL. Mr. Speaker, I am proud of them, not in combination but any I would like to see us actually change to join with the gentleman and be a co- one of those criteria, would make that the burden of proof, that the taxpayer sponsor of the Home-based Business person ineligible to offer their services is presumed to be correct and the IRS Fairness Act, H.R. 1145. One of the sad- as an independent contractor. The list commissioner would have the burden of dest things I think that we have is the goes on and on. If the person doing the proof. That is probably in another bill. fact that small business owners, people hiring offers tools or the place of busi- But frankly, the American public who operate a business out of their ness, it almost makes it impossible would like to see this kind of bill move home, people who are just trying to get today to offer services and in starting forward, and on any other sections the started in business, are discriminated a business. gentleman would identify where there against in the Internal Revenue Serv- What is worse about that is if some- is positive change making the Tax ice Code. one takes the risk of hiring an inde- Code more clear, and maybe some day I think a lot of folks do not realize pendent contractor that has started in even having a flat tax would certainly that today if you are an employee, if business and an audit is conducted 3 be an idea we should move forward on you work for someone or if you have a years later, the tax penalties can be as well. large corporation, you are an employee horrendous, so it creates more risk for Mr. SESSIONS. Mr. Speaker, I would of your own corporation, you get to de- that business enterprise who might like to continue this discussion so we duct health insurance, but if you hap- want to start hiring a new business en- can make sure that those people who pen to be self-employed and you want terprise. are at home really understand what we to buy health insurance for you or your So H.R. 1145 also redefines independ- are talking about when we talk about family, you do not get a deduction for ent contractor. It clarifies the defini- people who are out in the marketplace, it. It is a discrimination against small tion, and it creates a safe harbor. What people who are trying to comply with businesses and against small business a safe harbor means is that if some- the law, honest Americans. owners. body hires an independent contractor What I would like to do is, if I could, The same thing is true of the home to help somebody get started in busi- read some statements from congres- office deduction. If you happen to keep ness and it is later determined that it sional testimony that has been given your accounts receiveable ledger in a did not meet all of the tests, there are one this year. It is a statement of Dale file cabinet at home, or if, as when I not any tax penalties in the past. It is Frey. Dale Frey is a small business started my business, if you happen to prospective. owner. I would like to read from that do your books at night at the kitchen In other words, we can say that per- testimony, if I can. table, you do not get to take a deduc- son did not qualify as an independent tion for the business operating ex- contractor for the future, but there are It says, penses that are associated with operat- no tax penalties going to the past. This D.E. Frey & Company, a full-service ing from your home. Again, it is a dis- is a really good bill, it is a good bill for broker-dealer, was organized in 1989. The crimination against people who are America. company is privately held with offices in 22 starting a business. In Montana I have 26,000 people who States. The company has approximately 200 I think a lot of folks do not realize registered representatives that are independ- are self-employed operating from their ent contractors. The company provides ad- that Bill Gates got started with homes, trying to get started in busi- ministrative support for the transactions in- Microsoft in his garage. Henry Ford ness, trying to provide for their fami- volving bonds, equities, insurance products, built the prototype of the Model A in lies. What this measure will do is it mutual funds, and unit investment trusts his garage. Most small businesses will treat them fairly, like every other that are initiated by registered representa- today get started in somebody’s home business and every other worker in tives for their individual clients. or in somebody’s garage. The idea is America. The registered representatives are individ- that we want to encourage that, be- Mr. FOX of Pennsylvania. Mr. Speak- ual entrepreneur business owners that are fi- cause the energy, the creativeness of er, will the gentleman yield? nancially responsible for their own occu- our society comes from people with an Mr. SESSIONS. I yield to the gen- pancy, telecommunications, information systems, registration, and all other operat- idea who are willing to take a risk and tleman from Pennsylvania. ing expenses associated with offering their get started at home. Mr. FOX of Pennsylvania. Mr. Speak- services to clients. The same thing is true with this er, I must congratulate the gentleman independent contractors issue incor- from Texas [Mr. SESSIONS] and the gen- The Internal Revenue Service exam- porated into H.R. 1145. The thing is tleman from Montana [Mr. HILL] for ined Mr. Frey’s records for tax years that if you are going to get started in their leadership on this issue, which is 1993 and 1994. The company is a broker offering services as your business, you going to help small business and is dealing with the Securities and Ex- offer that service as an independent going to help the economy, frankly. change Commission, known as the contractor. That is, I go out or some- Ninety percent of jobs, as I understand SEC, and a member of the National As- one would go out and contract with it, are jobs through small business, sociation of Securities Dealers, NASD. someone to offer a service. But today from the individual talent and enthu- The Internal Revenue Service deter- the Internal Revenue Service Code has siasm and creativity of individuals who mined that each registered representa- so many tests in order to qualify as an are really trying to make a difference. tive is an employee of the company, independent contractor it is almost an So I would urge that my colleagues and that the company failed to with- absolute barrier for someone who on both sides of the aisle, Republicans hold or pay taxes imposed by FICA and wants to get started in the service sec- and Democrats, support H.R. 1145. This FUTA and income tax withholding pro- tor of our economy. home office deduction and assistance visions with respect to pay to such in- What is the fastest growing sector of with health care will help more jobs be dividuals. The IRS then assessed em- our economy? It is the service sector of created, and with our overall goal of ployment taxes of $1,160,884 and the economy. So just for example, I having more people employed, stabiliz- $2,113,614 for 1993 and 1994. This came have a list of the tests that are here, ing the tax base, we know small busi- on the heels of an IRS audit just 2 and I do not think all of my colleagues ness is the engine of our economy, and years earlier that determined that they understand all the tests. I really believe this is a step in the were following the independent con- Just for example. If a person hires right direction. tractor status, that they were follow- another person or if I wanted to offer Furthermore, I have to applaud the ing the laws. my services, and the person I was offer- gentlemen again, because frankly, IRS I also have a statement that was read ing them to wanted to give me some in- reform is an idea whose time has ar- by Mr. Raymond Peter Kane. Mr. Kane H3252 CONGRESSIONAL RECORD — HOUSE June 3, 1997 gave his testimony before the Commit- all Americans who may have these kids to go to school, this is the essence tee on Small Business and the Sub- type of situations where they work out of what this is all about, that we will committee on Tax, Finance and Ex- of their home and work as interested codify in law those things that honest, ports on independent contractors on contractors. hard-working Americans want to have, July 26, 1995. Mr. HILL. Mr. Speaker, if the gen- wish to have and it is only fair for tleman will continue to yield, H.R. 1145 b 1930 them to have. does two things to help those folks Mr. HILL. Mr. Speaker, to me the Here is what Mr. Kane said. In Au- that wrote to the gentleman. American dream is the opportunity to gust 1991, he received a notice from the First, it clarifies this definition of do what you want to do or be what you IRS that they wanted to conduct an independent contractor because now it want to be. And to be in business for audit for the fiscal year 1989. The audit is a very confusing thing. Obviously in yourself is one of those things. But we took place over a period of several the case that my colleague has just de- are in an economy in transition. Com- months and resulted in a finding on scribed, one IRS agent thought they panies are downsizing. People are being February 18, 1992 of no change, which, met the conditions; the next agent says laid off. People with a lot of skills who, as we know, means that the auditor that they did not. But I think that one if given the opportunity, can go out found nothing wrong. During the 6 of the other elements that are so im- and start a business and often it is a months that the IRS auditor was in the portant here is the safe harbor provi- service oriented business. And gen- office, the contacts between his agent, sion, so that if people are acting under erally speaking they are going to oper- between his agency and those of his the assumption that what they are ate that business from their home. independent contractors were carefully doing based upon previous decisions or But just think about this, those peo- scrutinized and found to be in compli- previous audits or previous consulta- ple who would oppose this are the peo- ance with IRS rules and regulations re- tions is the appropriate thing, that ple who think that those folks ought to garding independent contractor status. someone cannot come along later and go on welfare or those people who However, 2 years later, with no change not only force them to pay the taxes think that they ought to collect unem- in IRS rules and no change in any con- but impose these dreadful penalties on ployment benefits rather than to go tract that he had with the independent top of it. out and provide for themselves and for contractors, the IRS decided that these So, it is very important here that their families on an equal basis. I hear same independent contractors were folks understand that what we are try- a lot of discussion in the Congress really not independent contractors all ing to do in this bill is to make a clear about the lack of health insurance for along but that they were employees, definition of independent contractor so families. Half of the children who are and for the years 1992, 1993 and 1994, the that it will eliminate the confusion but not covered by health insurance have IRS then demanded $274,000 in pen- also in that process eliminate a safe parents who are temporarily unem- alties. harbor where people can be protected ployed. So what this bill would allow is This is the type of egregious action from having these huge penalties that important, those people who find them- as a result of the IRS that we are talk- would put them out of business. selves in that situation to be able to ing about, why we have a problem, why I make note of the fact that, when provide for their families by taking a we need 1145. you start a business there are two deduction for their health insurance if Mr. FOX of Pennsylvania. Mr. Speak- things most important to you. The they want to seek self-employment. er, if the gentleman will continue to first is to get customers, to get cash Mr. SESSIONS. Mr. Speaker, this de- yield, will H.R. 1145 ameliorate and flow, business coming into your busi- duction that I believe the gentleman is solve the problems those two compa- ness. That is, most businesses fail be- talking about is one that we would call nies faced? cause they do not get enough cus- pretax. This is the exact same pretax Mr. SESSIONS. We believe that what tomers. The second thing is to generate tax treatment that is given by corpora- it will do is put very clearly and, let cash flow. And this bill is in its en- tions. So what we are trying to say is, me get to the language, if I can, that tirety intended to help those small these people who are self-employed, will talk about this instance. What we businesses, the most vulnerable busi- these people who are honest, hard- are going to do is to make sure that nesses, the ones that are most critical working, taxpaying families across this codified within the law that we talk to the future economy of this country country would then have the advan- about what is an independent contrac- to help them secure business by clari- tage, the same tax advantage that tor, what are those tests that need to fying this independent contractor issue would be given by law to someone who be done. How can the IRS, and should and creating a safe harbor but, in addi- worked for a corporation. the IRS, look at an independent con- tion to that, helping them with their Mr. HILL. Mr. Speaker, that is ex- tractor. But what it is going to do is to cash flow by giving them a fair treat- actly right. Every employee out there reaffirm the 20-point test that the IRS ment on the Tax Code with regard to whose employer offers health insurance has been working along this entire pe- business deductions. to them receives that health insurance riod of time. Mr. SESSIONS. Mr. Speaker, as we without paying taxes on it. The em- Mr. FOX of Pennsylvania. Mr. Speak- talk about people who are in the mar- ployer gets a tax deduction for that. er, not only will it make sure that jobs ketplace, this growing part of the busi- We are talking about the self-em- are saved but they will not have need- ness, and we talk about the safe har- ployed. less lawsuits with the Federal Govern- bor, I believe that what we should do as The irony of this is that a person can ment to justify what they have been a Congress is deal with problems in be self-employed and have employees doing, which is correct to begin with America. I believe that there is no and be able to take a tax deduction for under the original IRS examination; problem in America that we cannot their employees’ health insurance but am I correct? solve. But many times, public opinion they cannot take that tax deduction Mr. SESSIONS. This is correct, Mr. polls feel like that all Congress is try- for their family’s health insurance. Speaker. So what we are talking about ing to do is to deal with something What this would do is to make it fair tonight, and I thank the gentleman for that would help us or special interest. so that those people who are out there that insight that he offered, what we Do you not believe that this deals with taking risks, trying to develop new op- are trying to do is to make sure that millions of Americans and what we portunities in the economy are treated the IRS gets it. Our independent con- know as the middle class and the guts the same as everyone else. tractors have already been following of the problem where people who are Mr. SESSIONS. Mr. Speaker, further, the law, people who are out conducting trying to comply with the law, people we find that another part of what this themselves as honest and fair Ameri- who are putting their own capital at bill is to do is to clarify the definition cans. Unfortunately what we are talk- risk, people who are putting their of a principal place of business. So ing about tonight is an IRS that does name on the door, people who are wor- many times I hear people from Texas not get it and so we are going to codify ried about whether they can pay them- as the Representative from the Fifth this into law, critical for the success of selves and make that home payment District of Texas, I hear from people not only independent contractors but and whether they can pay for their who are working out of their own June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3253 home, trying to honestly and legiti- cals that we read here, the filing of the b 1945 mately make a living without being on payroll taxes electronically. Many Mr. HILL. If the gentleman will welfare, might we add, people who are small business people do not have the yield, I think it is really important for trying to contribute something back to ability to do that. It is an unnecessary our colleagues to understand exactly their community and what they are expense and I am very glad to see that this point with this physician. Had asking for is, why can we not have this that is at least being delayed. I cer- that physician had an office that he home mortgage deduction? tainly hope that it is going to be a per- rented somewhere, the cost of the rent What this 1145 would do is it would manent delay. The other is the 2.9 per- of that office, the utilities for that of- clarify this place of business, this cent tax that limited partnerships are fice, the telephone service for that of- home, this person, this place or where being expected to pay for Medicare. fice, the janitorial service for that of- these people might have their business. Some have referred to this as a stealth fice all would have been tax deductible, What I would like to do is clarify ex- tax because of the way in which once no question. But by virtue of the fact actly what we are going to codify. We again the IRS has interpreted some that that physician had that in his would talk about a principal place of other actions. home, that is what brought it into business, and for the purposes we are question. talking about a home office that would Whether it is through the IRS’s in- The important point here is that we qualify for a business deduction if the terpretation, through determining have an economy that is moving to- office is in the location where the tax- what an independent contractor is, ward services, and when we deliver payer did all of their management and then certainly the ability of that inde- services we go to other places to de- business activities and conducted pendent contractor to take a home of- liver services. So, in essence, what the themselves on a regular basis; and that fice deduction is being determined. I IRS ruling is saying is that if we pro- the office is necessary because the tax- would just like to comment on one spe- vide services at a place other than our payer has no other location for the per- cific part of this bill that was referred principal office, then we cannot take a formance of essential administrative or to a number of times that I have been deduction for a home office. It dis- management duties that they have in active in the last several months, the criminates against the greatest sector their business. home office deduction. of new entrepreneurial businesses that This is what happens every single Again, for the benefit of those who are being created out there. day by families who by circumstances Mr. SESSIONS. If the gentleman are here in the gallery and those that may have been laid off from their com- would yield, I also believe that from are viewing, it has been just a little pany, by circumstances may have an what I have seen in the Fifth District over 20 years since the Federal tax code opportunity because of children, chil- of Texas, that many of the people who was required to define the home office dren that they have to take care of and are at home, who are operating these watch on a regular basis. These are the as a principal place of business and home businesses, are women, women kinds of things that we have got to see those people could qualify for the de- who are trying to not only make a go the tax code evolve to. We have to see duction. But through a period of time, of it with their marriage and family the tax code become responsible, not the IRS’s interpretation of what a prin- and children and the needs that come only as it evolves into the 1990s and the cipal place of business is, and then a upon the business, but they are upstart year 2000, but also as we evolve around subsequent court ruling by the U.S. Su- women who have the ability to get out life as we know it. preme Court, which was prompted by a and to compete in the marketplace. I Mr. PAPPAS. Mr. Speaker, if the specific case, I would just like to brief- think this home office deduction really gentleman will continue to yield, I am ly describe it, a physician or an anes- finds that the people that are discrimi- very encouraged by my colleagues’ dis- thesiologist by the name of Dr. Nader nated against most are women, women cussion here tonight about what 1145 Soliman had obviously serviced his pa- trying to do these type of things. would do if enacted into law. tients not in his home office but in var- I believe that H.R. 1145 will offer us a Most of us that are here are members ious hospitals in the communities near clear definition, one that the IRS can- of the Committee on Small Business, where he resided. But his billing, the not only understand but also that these and even those that may not be, I administrative part of his business was taxpayers and these people who wish to know, are very committed to fostering conducted from his home office. He be- make a go of it can have and avoid the the kind of opportunities for small lieved, as I certainly do, that that was IRS coming on them. business men and women in our coun- a part of the carrying out of his duties Mr. FOX of Pennsylvania. If the gen- try. Later this week, on Thursday in as an anesthesiologist, carrying out tleman will yield, I think the discus- fact, the committee that we serve on the function of his business. sion of my colleagues, the gentleman will be holding a hearing regarding yet from New Jersey and the gentleman The IRS challenged the interpreta- another piece of legislation which, if from Texas, all center on the fact that tion that he made that that was a le- this had been enacted more than 20 we want a reality check for IRS when gitimate home based office, home years ago, I believe much of what we it comes to being reasonable about reg- based business. Through a court pro- are talking about here tonight would ulations, which will help more people ceeding the Supreme Court in my opin- not have to consume our time and our be employed, to start jobs. ion legislated and ruled against his attention. I know from back home in Penn- The piece of legislation that I speak ability to take that deduction. There sylvania the chambers of commerce ev- of is called the Small Business Regu- are many other examples, there are erywhere support this kind of legisla- latory Enforcement Fairness Act, people who are general contractors, tion, H.R. 1145, which will in fact make [SBREFA], another acronym for us to painting contractors, that are sure the home office deduction is taken add to our lengthy list. landscapers, obviously cannot perform care of and that those who are self-em- What this would do for certainly the what most people or many people ployed will be able to have assistance public that may not be aware of this, would view as their principal, the prin- on the health care. this would require that each Federal cipal part of their business. Obviously And everyone knows that the best agency consider the effect of any pro- a house painter has to go to someone job is a private sector, newly created posed regulations that they would else’s home to paint their house, but job. If it is a government job, it will write in order to enforce this particu- who could argue that a part of his or end up, maybe, possibly, not helping lar piece of legislation. Had this piece her business is sitting in their office, our economy. We have seen that in a of legislation been in existence prior to sitting at their kitchen table, as the few instances. Does not mean every even the last year or so, there would be gentleman from Montana (Mr. HILL) job. But I know that all the chambers a couple of examples that I would like said, and writing bills out and dealing of commerce, NFIB, every major orga- to give that would have really made a with other paperwork, whether it is nization that evaluates new employ- difference in the ability of small busi- with an accountant. I am certainly ment, the private sector job is one that ness people to survive. hopeful and encouraged that this kind is lasting, one that helps the economy. The first, it even received some at- of piece of legislation would restore And like the gentleman from Texas tention today in some of the periodi- what I believe was the original intent. said before, it certainly is with many H3254 CONGRESSIONAL RECORD — HOUSE June 3, 1997 of the new entrepreneur female-owned fit to H.R. 1145, and again the home of- really make a tremendous difference in businesses that this will be a definite fice deduction, and before that maybe someone’s ability to start a business incentive for new businesses to be determining who is an independent and continue over the first year or so started. contractor, which then would hopefully when it is so critical for so many busi- Mr. SESSIONS. We also could, I am make them eligible for that home of- nesses that are really on the edge of sure, include in there that they are fice deduction, but the cost of day care collapsing. doing this at their own risk. They are that so many families in our country Mr. FOX of Pennsylvania. I think the putting their own money right at risk. are faced with. gentleman from New Jersey eloquently They think of that as a business. They The difficulty in finding adequate stated the importance of H.R. 1145 with think of that as an opportunity to go day care sometimes can be even more regard to the home office deduction out. And it is incredible that the IRS of a challenge with the many lengthy and raises a very important point; that would not even recognize this; that waiting lists that people encounter try- for many of our families that are try- they would put that at risk. ing to place their children in a safe en- ing to make their own businesses, who Which goes back to the point that vironment. But having the ability to are sometimes having multiple jobs the gentleman from Montana was work out of their homes, getting the and taking care of children, that day speaking about, this safe harbor, that deduction that I believe that these care becomes very important. is so important for people who are at- folks are entitled to, that it is not the This week we will be introducing leg- tempting to not only follow the law U.S. Government doing them a favor islation which will raise from 30 per- without being a tax expert, to follow by providing this deduction but doing cent to 50 percent the tax credit for the law and file complete and accurate something that is fair. As was said, if employers that will be providing day tax records, but also to run their busi- they had their business at another lo- care for their employees, and hopefully ness. It is this huge burden that is not cation, they would be entitled to these as well for the self-employed, thus al- only on these types of people but I deductions. lowing people who have to be working think upon all Americans to know and But to have the flexibility to work and raising their families to be able to understand this magnificent document from our home, a gentleman or a make sure their children are in fact in that is known as the Tax Code, but woman working from their home, being quality day care. that yet is a burden to each one of us there when their kids get home from And this is certainly an idea that has as Americans. school, not having to worry about evolved from the leadership of individ- Mr. HILL. If the gentleman will yield where the young people are going to uals who are sharing the time here on that point, having been a business go, whether there is a place for them to with our colleagues this evening, and I owner myself, and starting in my own go, having that would be such a bene- appreciate the point the gentleman living room, I have some sense of this. fit. makes about day care being of great But as the gentleman from New Jersey, Mr. SESSIONS. As we talk about assistance. Mr. PAPPAS, pointed out about business these men and women who have their Mr. HILL. I think it is important for regulations, the burden of those regula- businesses out of their own home, I us to keep in mind that one of the tions falls heavier on small businesses think it should be mentioned that they problems, when IRS makes one of these than it does on big business. have to pay taxes also. They have to determinations, retroactive determina- Big businesses can hire lawyers and pay taxes as a result of being self-em- tions, is that this cascades down into C.P.A.’s and they can have full-time ployed. They have to, in essence, dou- some State government decisions too. bookkeepers and people to understand ble down, what I call double down, Because it does not just impact the In- that. This is just one volume of the where they have to pay an employer’s ternal Revenue Service and the pen- Tax Code I am holding right here, and side and an employee’s side: Social Se- alties and the taxes that could be due, if we are starting a small business out curity, what is known as FICA, unem- it also will impact the State revenue of our living room, we do not have time ployment, and all of these things. departments, which could also then to commit this to memory. Yet, if we So it is not as though this home busi- have taxes due and penalties, often the do not, we can be at risk, at risk finan- ness that we are talking about is not State department of labor, which usu- cially and our whole business enter- done within compliance of the law. In ally is the mechanism to deal with un- prise can be at risk. fact, there is a huge burden, I would employment insurance premiums and I want to give my colleagues a couple suggest a bigger burden, that is on can even go into the workers com- of statistics to put this in perspective. these people who must maintain pensation and general liability prob- There are now 9 million, 9 million records, must be able to run their own lems. So it pyramids down or cascades home-based businesses. Fourteen mil- business while at the same time trying down on these businesses, the pen- lion Americans are earning their living to survive with an onslaught of agen- alties. from home-based businesses. From 1988 cies and rules and regulations who are One of the interesting things I want- to 1994, the IRS retroactively reclassed coming after them. ed to point out to my colleagues, com- 438,000 independent contractors as em- Mr. PAPPAS. If the gentleman would ing from Montana as I do, with agri- ployees, and the fines and penalties to- yield, just getting back to that, the culture our No. 1 industry, this is a taled $751 million. gentleman from Montana holding up particularly interesting issue for folks I can tell my colleagues right now one of the two volumes, and people in agriculture, because we have people that I believe the majority of those that may be watching this and con- like ditch riders, who are out there businesses were put at risk, perhaps templating their business and seeing making sure the irrigation ditches are put out of business because of the level just one of those might be discouraging clear and clean and flowing; we have of those penalties that nobody could them, and hopefully people will realize farriers, those are the people who shoe possibly have anticipated. that people like the gentleman from horses, who often operate as independ- There are 5.1 million self-employed Texas are trying to change that. ent contractors; we have what we call head of households with 1.4 million By putting in perspective again what calf pullers, that come out in the children who are uninsured because it would mean, what a home office de- spring and help folks pull calves during they cannot take a tax deduction on duction could mean, using the scenario calving season; sheep shearers; custom their health insurance. We are talking I mentioned, having the ability to take combiners; custom farmers. Those are about a lot of Americans, hard-working that home office deduction and saving all examples, just in the area of agri- Americans. As the President would the expense of child care, we are lit- culture, of folks who often offer their say, these are people out there playing erally talking, for even a family or an services as an independent contractor. by the rules, but the rules are working individual with one child, several hun- But under the current test of the against them. dred dollars a month, conceivably IRS, one could hire folks to do that and Mr. PAPPAS. The gentleman men- maybe even more than that, with the not meet the test of an independent tioned about families, individuals with potential savings from not having to contractor because the provisions are children and the pressure that they are place a child in day care and getting so narrowly defined. And out of the 20- experiencing every day. Another bene- the home office deduction, it could part test, if an individual misses one June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3255 part, that could disqualify them as an I am very encouraged by the discus- that we are helping fund, that we are independent contractor. sion here tonight and proud to tell my helping to promote small business. So that is an example of one indus- colleagues a story about what is going Then, on the other hand, we have IRS try, a very important industry to my on in my State. In the State of New regulations and a punitive Tax Code State, very important industry to all Jersey, there is a member of the State that is making it difficult or impos- of America, where this independent legislature, the lower house, which is sible for those small businesses to suc- contractor issue and the lack of safe called the General Assembly, a legisla- ceed and prosper. harbor today can cause some very seri- tor from my district whose name is Jo- What this issue really boils down to, ous problems. seph Azzolina, a long-time business- in my judgment, is just one word and Mr. SESSIONS. So when we talk man, very successful businessman, and that is ‘‘fairness.’’ All we are asking about H.R. 1145, I believe what we are he has recently introduced a bill in the here is that small businesses, micro taking about is that we have to codify State legislature that would amend the businesses, the most vulnerable busi- the law, the law that is being mis- State municipal land use laws which nesses but the most important busi- applied by the IRS. We have to take deals with zoning. nesses because they are new businesses, into account that America has be treated fairly, that they be treated b 2000 changed; that we now have not only a like any other business would be treat- great amount of people who are at What it would do is recognize that ed with regard to tax policy, dealing work either because they have been many people work from their homes, with the health insurance deduction, laid off or downsized or whatever the and that zoning ordinances not be a the deduction for legitimate business word might become associated with hindrance for those that would want to operations. them leaving their work, or on their use a very small portion of their home We are not suggesting here that a own they might have decided to do in order to conduct their business from business would be able to take a deduc- this. it. tion for something that is not a legiti- So H.R. 1145 will take into account Currently, many municipalities in mate business expense. We are just say- the changing climate that we have that our State have somewhat restrictive ing that a legitimate business expense will allow a deduction of home business ordinances. With the changes to our incurred in the home ought to be de- expenses, that will be a safe harbor for economy, Joe Azzolina’s initiative I ductible, and that they have some clear those people who believe and expect think really goes hand-in-hand, or definition they can offer to their cus- and are trying to not only follow the hand-in-glove, with what we are dis- tomers and to other contractors that law but to do that with the greatest of cussing here tonight. And it was very they might associate with or hire so intent. We are going to have the law coincidental that this piece of legisla- that everybody can feel secure. say that the IRS now would look at tion and another one that I authored Mr. FOX. The fact is that everything those people and not hit them for back dealing with the home office deduction that has been discussed certainly is taxes and penalties but rather to ac- and his introduction in New Jersey key about how we are going to move knowledge that they were attempting were, I think, within a couple weeks of forward in this country. I know in to follow the law. one another. Pennsylvania, where our No. 1 business We will come in with H.R. 1145 and Back home in New Jersey, people are is agriculture, we also have in the say that we will allow expenses related very, very much encouraged; the cham- Delaware Valley in southeastern Penn- to health care to be treated as a pretax bers of commerce, the NFIB, and just sylvania what we call the Ben Franklin expense, which will put these people independent business men and women partnership, which is the universities, who are independent contractors and throughout central New Jersey are the businesses, and the government those people who work at home and very encouraged that it seems that working together to have business in- those people who are self-employed those of us that are in Washington and with the opportunity to have health cubators, entrepreneurship, new jobs. those in our State capital in Trenton How can we take all of that effort from care, to have the opportunity to take really seem to be getting it and coordi- care of their families, the opportunity the universities, the government, and nating their efforts to really make a the schools and industry and not save to be able to comply with the tax law difference in the lives of the business that would be consistent with what it? owners of our State and our Nation. We have to find ways, not only this corporations are allowed. Mr. HILL. If the gentleman would And then, lastly, that we are going to bill, H.R. 1145, which is going to do a yield, he knows, and he serves on the look at the independent contractor sta- great deal with the business expense Committee on Small Business, as do I, tus that would say that the 20-point for home office, we also need to be that we have a lot of programs that we test that is used by the IRS, that we looking at things that will help farm- are going to look at and codify that, or fund, advocacy programs for small ers, for instance, be able to pass their make changes in the law so that the business. We have small business devel- business down to the next generation IRS would have to say that what that opment centers where we help people without having to sell the family farm independent contractor had been doing that are thinking about going into to pay for taxes. So the inheritance tax as they followed the law they would business develop business plans and un- reduction that my colleague has been not be liable for taxes and penalties re- derstand the issues associated. We have fighting for for his residence is going to lated to their performance under law. micro business loan programs. We have be going a long way in the right direc- Mr. FOX of Pennsylvania. If the gen- got community block grant programs tion, as well as H.R. 1145. tleman will yield, what is the status of that are loan programs that businesses Mr. HILL. If the gentleman would this legislation now within his commit- can participate in to help expand and yield, he is absolutely correct about tee? grow their business. We have procure- agriculture. The greatest threat to ag- Mr. SESSIONS. The status of this ment provisions and rules with regard riculture, the family farm in America, legislation is that, and I am not on the to how Government buys things that is the death tax. As my colleague Committee on Small Business, but the are oriented to helping small busi- knows, many, many farms and ranches status is that we are debating this to- nesses participate. We have programs today cannot produce the cash flow night with the full expectation within in the area of research to fund people necessary to pay the tax burden to pass the next week and a half or two that who are trying to start small research that business on to another generation, we will be debating this on the floor. companies. whether it be done by selling it or Mr. PAPPAS. I think what we are There are all kinds of things that we gifting it or the death tax. talking about, and was said a number are doing on the one hand to try to pro- This is a tremendous threat to family of times, is that we need to be cog- mote small businesses because it is a agriculture in Montana. I know and my nizant of the changes that are going on good thing to do. Small business, we all colleagues know that part of the budg- all around us in our economy. The know it is the engine of our economy, et agreement and part of the effort of American people certainly are aware, it is what creates opportunity, it is our conference has been to put a focus and maybe more than folks in Wash- what renews the American dream. So on the importance of bringing the ington, DC are. we have all these programs out here death tax down or eliminating the H3256 CONGRESSIONAL RECORD — HOUSE June 3, 1997 death tax so that business enterprises One of the things as I travel about make a go of it that are not given a and farms and ranches can continue to Montana, I hear small business people home business deduction that they stay in business, continue to put people saying to me, ‘‘You know, I do not should have. to work, continue to provide important know that I want to hire any more em- We stand up tonight as a voice to products and services to build our ex- ployees.’’ There are too many liabil- those people and say, ‘‘We hear you in ports, to build the strength of our ities, too many obligations. That is the Washington, DC. We know what you economy. worst thing that we could have happen are struggling with.’’ I hear it in the Mr. PAPPAS. If the gentleman would in this country because it is small busi- fifth district of Texas. H.R. 1145 is not yield, the death tax that he referred to nesses that are creating the jobs, and all-encompassing, it is not that magic is even important to agriculture in a those businesses are growing into big- bullet that will give tax relief to all State such as mine. It is the Garden ger businesses and growing into larger Americans, but what it is is an oppor- State, and we are very fortunate in businesses, and they are putting mil- tunity for us to not only clarify and central New Jersey to have many very lions of Americans to work and they codify law but to give a reintention to productive and active farms, and farms are renewing our economy. the IRS and to these small business that are owned by families for genera- This is just one measure. But I know owners so that they recognize that tions. all four of us, and I want to com- someone does hear them in Washing- But the elimination of the death tax, pliment all of my colleagues here for ton, DC. I believe, is an environmental issue, their work in this area because we all I would like to go through this, if I certainly in an area such as mine understand that it is those small busi- can, just to summarize once again where there is such pressure for devel- nesses that we need to help, the busi- what H.R. 1145 does. It allows for the opment, and that many of these fam- nesses that are most vulnerable that deductibility of expenses for a home ily-owned farms where certainly it is we need to work for. business deduction. It offers a safe har- the desire for these farms to be passed So, as I conclude my remarks here bor, an opportunity for those people from one generation to the next, that tonight, I just want to thank all three who are attempting to comply with the the heirs sometimes are not in a posi- of my colleagues for their work with law, that when they do come into con- tion of determining whether they even me and with others in trying to accom- tact with the IRS, that they can prove want to continue to farm because they plish that in this Congress. to the IRS that they are attempting to cannot pay the estate tax bill. Mr. FOX. If the gentleman would follow the law even if they might have There was an instance in my district yield, I also want to conclude by saying not have done so exactly to the full in- just last year that a longtime, very that H.R. 1145 is key legislation in this tent, that they are attempting to do prominent farmer had passed away and Congress. It is bipartisan. It is pro that. It gives them an opportunity to his daughter wanted to keep the farm business. It is pro jobs. It is pro family. be safe without having these back pen- from being developed and she was not And it is long overdue to be passed. alties. able to pay it. But we have a farm pres- I have to give my proper gratitude to It will also allow for the expenses re- ervation program in our State where the gentleman from New Jersey (Mr. lated to health care to be treated the development rights are purchased by PAPPAS), the gentleman from Texas same on a pretax basis as corporations the counties and the State and paid to (Mr. SESSIONS), and the gentleman have. And, lastly, it is going to codify the landowner, so the farm has been from Montana (Mr. HILL) for their lead- rules that are related to the tax status preserved in perpetuity. But that is not ership, not only on this kind of legisla- of independent contractors. always the case and those options are tion and moving it forward, but as I think this is important for Amer- not always available. Members of the freshman class and ica. I hope that tonight we have talked I personally just want to conclude showing real leadership within the about things that represent the heart my participation here tonight by say- whole body in a bipartisan fashion, of problems in the heartland, that we ing how privileged I am to be serving which I think is going to be the kind of are talking about important things, with these three gentlemen. I know the example for having legislation passed not talking about something that commitment that they have to foster- which is going to be not only helpful to would be good just for a Member of ing an economic environment that can their constituents but the whole coun- Congress or a special interest but, help the little guy and the little gal, try. I appreciate the work that the gen- rather, for the working middle class of and that is what we are talking about tleman from Texas is doing on the Re- America. here tonight. We are talking about sults Act. I think we need to come f fairness, we are talking about really back here for further discussion on helping those that just want the oppor- other changes to the IRS that are HOUR OF MEETING ON TOMORROW tunity to pursue the American dream going to help businesses, help individ- Mr. SESSIONS. Mr. Speaker, I ask in their own way. That is all they are uals, and help our families back home. unanimous consent that when the looking for. They are looking to be Mr. SESSIONS. I thank the gen- House adjourns today, that it adjourn treated fairly, looking for the chance, tleman from Pennsylvania (Mr. FOX) so to meet at noon tomorrow. and some of these things that we have much for being here, the people of The SPEAKER pro tempore. Is there spoken about tonight would just pro- Pennsylvania are well served, and the objection to the request of the gen- vide that chance to so many people in gentleman from New Jersey (Mr. tleman from Texas? our great country. PAPPAS) for his participation here to- There was no objection. Mr. HILL. If the gentleman would night, the people of New Jersey have f yield, I just want to compliment him done very well, and also to the gen- for his work on the Committee on tleman from Montana (Mr. HILL), those MFN FOR CHINA AND NAFTA Small Business and his work with re- voters are well served, also. The SPEAKER pro tempore. Under gard to the issue of capital gains tax. I I think that what our discussion to- the Speaker’s announced policy of Jan- do not know about him, but I think I night has been about is that we want to uary 7, 1997, the gentleman from Michi- have cosponsored several capital gains be probably just a beacon, albeit just a gan [Mr. BONIOR] is recognized for 60 and death tax bills. I also am the origi- small beacon, that is speaking on the minutes as the designee of the minor- nal sponsor of one bill that would com- floor of the House of Representatives ity leader. pletely eliminate the estate tax and to try to be that voice, that voice to Mr. BONIOR. Mr. Speaker, in the treat estates like a capital gain at a people, Americans, who are out there coming weeks and months we will be substantially reduced rate. in the heartland, who are trying to considering two major questions in the The key thing here is that we have make a go of it, people who do own House that will reveal a lot about how got to reform our Tax Code so that it is their own business, who are independ- we, as a Nation, value human rights not interfering with the decisions that ent contractors, those people who do and the well-being of our workers in people make to go into business or stay have to worry about paying for their America. in business, so it does not discourage health insurance out of their own pock- The first question that we will an- people from putting people to work. et, those people who are trying to swer is whether or not to extend most- June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3257 favored-nation status to China, to give more serious trend in America today What it has to do with Mr. and Mrs. China low tariffs on their exports into that is taking our Nation in the wrong America is that corporations are mov- our market. But let us be clear, this is direction. It is driving down the wages ing jobs to low-wage developing na- not just a simple decision about trade of workers and it is also reducing our tions, and they are saying to bargain- rights. This is a decision that will af- moral authority to speak seriously ing units, or those people who are talk- fect the lives and the jobs and the pay- about human rights, which both issues, ing for wages or worker rights or safe- checks of every single American work- the wages of workers which are being ty rights in the workplace, If you do er for decades to come. driven down and the human rights not take a wage that is frozen, or if you The second question we will answer, issue, are kind of the hallmark of what do not diminish your wages somewhat probably later this year, is whether or America has been about these past 100 or if you do not relax some of the not to provide what is called fast track years. standards that you are demanding on trade negotiation authority in order to They do not call it the American cen- safety, we are out of here, we are gone. expand NAFTA to new countries. Now, tury for nothing. It is the American This is not just me making this up. NAFTA, the North American Free century because people stood up and There have been studies done and stud- Trade Agreement, is no longer a ques- they fought against tyranny and re- ies recently that I am going to talk tion of theory. It has had more than 40 pression. It is the American century about in a few minutes, that indicate months to prove itself. because workers in this country banded this is happening all over America. We have seen the effects that NAFTA together for a decent wage, better It is a drive to the bottom, to the has had on our families, on our jobs, working conditions, a sense of dignity, lowest wage, something the economists our wages, and on our country, and I the ability to collectively come to- call downward pressure on wages. It is regret to say that the news is not good. gether and bargain for their sweat. pitting our workers against the low- That is why it is the American cen- NAFTA, by any reasonable measure, wage workers in developing nations. It tury. has failed to live up to its billing. puts pressure on their paychecks. If And here we have a situation in workers ask for a pay raise, companies Many of us believe that before we ex- which those rights, those human rights say, ‘‘We’ll just move our jobs over- pand NAFTA, we have got to fix it, and and those worker rights, are being gob- there are a lot of things to fix. bled up, are being eroded, are being seas.’’ They can do that because under MFN b 2015 steamrolled by this globalization, free- for China, they get favorable access to market, unfettered movement that has If a house is on fire, if a basement is our markets if they relocate in China, nothing in its way. Indifferent govern- flooded, if a roof is caving in, it is fixed and they get a government that does ment, weak labor, except for America before adding a new addition. We need not tolerate workers who stand up for where it is on the rise and a few other to fix NAFTA. In many respects these their rights. Under NAFTA, corpora- issues of most-favored-nation trade places in Europe. Nothing in its way. Multinationals moving forward, look- tions get investment guarantees in status with China and NAFTA are con- Mexico, what is essentially free access nected. They are both about extending ing for the lowest common denomina- tor, the lowest wage nations to move to our market, and a system in which trade rights. They are both about the government, the business commu- wages. They are both about jobs. They their jobs to maximize their profits. A study done earlier this year shows nity, and union officials conspire to are both about human rights. that China and Mexico attracted more hold down wages. The problems with our economic re- foreign investment in manufacturing There is nobody who speaks for the lationships with China and Mexico are plants than any other developing na- worker in Mexico. The government much more serious than some people tions, investment that is taking advan- does not. They attract corporations are willing to acknowledge. Let us just tage of favorable trade rules that are based upon the fact that they can guar- draw a quick comparison with our pur- provided to China through MFN and antee their investment and guarantee suit of the balanced budget which has Mexico through NAFTA. And instead low wages. The union there is corrupt. become an obsession in our Govern- of creating consumer markets where It is in cahoots with the government ment, and some might say in certain the workers in those countries earn a and the corporations. When people try circles, in our country. decent wage so they can buy the prod- to speak out independently, they get Our budget deficit is expected to be a ucts that they make, or building de- thrown in jail. little over $60 billion this year. It has mocracy which is fundamental to a free Some would suggest that the alter- come down dramatically over the past country, our proponents would lead us native for our current failed policy is 4 years because of a tough economic to believe that the policy that they protectionism, high tariffs, put walls plan that we passed on this side of the have is working and that if we just let around our country. We reject that. aisle in 1993. It brought the annual def- it work, these things will happen, de- There is nobody here that wants to go icit down from $300 billion a year to ap- mocracy and better wages. That is back to those days. That is not where proximately $60, $65 billion by the end what manufacturing investment means we should go. We do not want to go of this fiscal year. We have a plan that to them. They are taking root in low- back to the walls of protection. We is moving through the Congress now to cost labor markets. want to go forward. take us the rest of the way. In Mexico, it is 70 cents an hour. I We want a trade policy that values But listen to this. Our trade deficit just came back from Mexico a couple of the workers who make trade possible, with Mexico and China combined could months ago. I was down to the not just trade itself and the multi- be $60 billion this year. We have a defi- maquiladoras, the area along the bor- nationals and the corporate heads, the cit, an annual deficit of about $60 bil- der. I had been there before. Before we workers who make it possible not only lion, domestic deficit. Our trade deficit were doing NAFTA, about 40 months here but in the developing countries could equal that with two countries. ago, workers were making $1 an hour and other countries we trade with. Be- Last year was a record $40 billion with there. Now they are making 70 cents an cause it is only when the workers are China and $16 billion with Mexico. This hour. I saw it with my own eyes, I strong that they have the ability to year it could be bigger, as much as our talked to the workers. They make $5 earn a decent living, that they can pur- budget deficit. But are we doing any- and $6 a day. In China, it is lower than chase the products that are being thing about it? Is there any attention 70 cents an hour, or it is even prison made. It is a simple lesson that Henry to address this problem? labor. Ford taught us many, many years ago We cannot simply cover our eyes and The most important impact this in- in this country, that if you pay the pretend that all is OK and the status vestment has on American workers is workers on the line a decent wage, quo is working. It is not working. But on their wages. People say to me, what they will be able to buy the car, and he if we simply pass MFN unconditionally does this have to do with my wages instituted $5 a day. By the way, the and extend NAFTA, we are going to here in America, if they are making wage that Mexican workers make make this problem much, much worse. less than 70 cents an hour in China and today, he instituted that 70 years ago. While the trade deficit is important 70 cents an hour in Mexico. What does We will only move forward if we deal as a statistic, it represents a much it have to do with me? honestly with China and Mexico. We H3258 CONGRESSIONAL RECORD — HOUSE June 3, 1997 have waited 8 years now since the heard. The past 8 years since the them because, you know, we cannot Tiananmen Square massacre for en- Tiananmen Square massacre have compete here, we got to cut corners, gagement and MFN to change China. shown us that extending MFN has not and if you got—we got to take some The argument of the supporters from amplified those voices. It has muffled back, some of those benefits in health MFN for China goes something like them. If we reject MFN and honestly and pensions. If you do not do that, we this: ‘‘If you just let us into China, just deal with China, those voices can be have no choice, we got to go, we got to let us go there and trade with them, heard, democracy can begin to sprout go to Mexico. the economy will grow, human rights some roots and we can move forward. And it is happening every day, and will get better and everyone will bene- We can have a dialoge. We can have an yet when workers, as I said earlier, in fit.’’ But the list of human rights understanding. If we do not, we can ex- Mexico try to organize, try to form abuses grows longer and uglier every pect more of the status quo. That is unions, try to fight for better pay to day. not a winning proposition for any of us. take away that bargaining chip, what Let me quote something that was in Except for the multinational, happens? Well, they get arrested. today. It was an transnational corporations who are I was in Tijuana about 3 months ago, op-ed piece by A.M. Rosenthal. He, in doing just fine with the current sys- and I saw with my very eyes. I talked turn, is quoting from the State Depart- tem. They have a record of profits, to a leader of a colonia village, to a ment’s human rights report on China. I they have lower labor costs, and they man who went out and stopped the pro- quote: have bigger paychecks for the bigwigs. duction at a facility located near the All public dissent against the party and I said earlier, it is not just China. If village where they were paying 70 cents the government was effectively silenced by we take a close look at the results of an hour, $5 and $6 a day. They stopped intimidation, exile, the imposition of prison NAFTA after 41 months, we can tell production, got all the people together terms, administrative detention, or house ar- that the ultimate aim of this trade pol- to stop for 2 hours because they did not rest. No dissidents were known to be active icy is for corporations. It is to maxi- have proper safety standards in the at year’s end. mize their profits, to guarantee their plant and people were losing their fin- I want to repeat that. investments overseas and to use these gers and their hands. And as a result of No dissidents were known to be active at trade agreements to reverse the gains that he got fired, and when he tried to year’s end. Even those released from prison that workers have made. NAFTA is form an independent union, he was ar- were kept under tight surveillance and often being used as a weapon to dampen the rested, and he had very little recourse prevented from taking employment or other- to the judicial system because the judi- wise resuming a normal life. efforts of American workers to earn a decent wage and to seek the right to cial system does not work for average They do not tolerate dissent. They do organize and to collectively bargain. working people there. not tolerate another opinion. They do So you get thrown into jail, you get b 2030 not tolerate free speech. It is not a free thrown into jail when you stand up for country. Yet we in this body, in our It has given corporations a license to this, and 4 years ago on this floor in government, have sanctioned a most- pursue a race to the bottom strategy to this body we as a nation put a stamp of favored-nation policy of trade with drive down wages, to bust unions, to approval on all of that by passing the China. A most. Not a good, not a bet- take away all those rights that your North American Free Trade Agree- ter, a most. The best. The best terms. parents and your grandparents worked ment, that North American Free Trade Clearly things are not getting better for, were beaten up for, some even died Agreement. in China. They are getting worse. But for. They fought too long and too hard Let me cite a passage from this Cor- the corporate lobby, and, boy, they are for these rights: the rights to organize, nell study because it will show our col- all over this town. One cannot breathe the rights to collectively bargain, the leagues exactly how this is working. without running into the large cor- right to earn a decent wage, to be safe This passage discusses why companies porate lobby in this city working for in the workplace and the many other after an effort by workers to organize the passage of most-favored-nation things that I could go on and mention in the United States have fled to Mex- treatment for China. The corporate here this evening. Corporations are ico at double the rate since NAFTA lobby and all the establishment tells us now using NAFTA to erode these rights took effect. Remember NAFTA took ef- that unless we extend MFN and unless by pitting workers against each other fect about 41 months ago, and here is we engage, we will get left behind and and by threatening to move jobs to the what the study said. we will anger China. But by my count, lowest cost labor markets. NAFTA The fact that the post-election plant we are already behind. We have got a gives them a license to do that. It does closing rate has more than doubled $40 billion trade deficit. We have got to not require them to raise Mexican since NAFTA was ratified suggests engage in a different way, because our standards. It gives them an incentive that NAFTA has both increased the current policy is not fostering human to lower U.S. standards. It practically credibility and effectiveness of the rights, it is not helping us economi- guarantees them that they will not be plant closing threat for employers and cally, we are on the short end of a bad caught because NAFTA does not give emboldened increasing numbers of em- trade deal. The fact is that we have the workers a real voice in that decision ployers to act upon that threat. In fact, leverage on this issue. We are the most making process. it goes on to say in several campaigns powerful nation, we have got the big- Got a chart here: United States puts the employer used the media coverage gest megaphone, the highest pulpit and downward pressure on wages. Sixty- of the NAFTA debate to threaten the the greatest leverage in the world. Our two percent of U.S. employers threaten workers that it was fully within their consumer market is what China wants. to close plants rather than negotiate power to move the plant to Mexico if It is what everybody wants. They want with or recognize the union, implying workers were to organize. the American consumer market. More or explicitly threatening to move jobs Now the study’s author, Kate than one-third of China’s exports go to to Mexico. Bronfenbrenner, Cornell, concludes, she the United States. We are one-third of Now not long ago Cornell University concludes that plant closing threats their export markets. Of all the things did a study for the Labor Department, have tripled since NAFTA took effect they make in China and ship it out, a study, by the way, that the Labor De- in 1993 and shifts to Mexico have dou- one-third of it comes here. China rep- partment refused to release. They bled. resents only 2 percent of our export found that 62 percent of the companies, Let me now turn to a few examples of market. Two percent. It is not hard to as this chart shows, are now using Mex- how corporations have used NAFTA to see who has the leverage. We do. They ico and other low wage nations as a drive down wages in the United States want us. We can barely get in there. bargaining chip to drive down wages. or to shift their production to Mexico Workers who are being forced to com- Sixty-two percent of American compa- to do exactly what this Cornell study pete against prison labor and slave nies say to their workers, you all take has suggested, and then I would like to wages and dissidents in China who are a pay cut, if you do not hold back on yield to a couple of my colleagues who struggling to have their voices heard, those pension benefits or those health are always here and are always fight- they deserve better. They deserve to be benefits, if you do not take a cut in ing for working people, the gentleman June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3259 from Vermont [Mr. SANDERS] and my using NAFTA to stop efforts by work- rules which increased our standard of friend, the gentleman from Cleveland, ers to improve their wages and bene- living beyond which any other nation OH [Mr. KUCINICH]. fits, but as I said, it is happening every has been unable to exceed. Hence the A couple of examples: Guess Jeans; day, and 62 percent of employers are American century. But it is that very you know those are the jeans that you doing the same thing. The author of system that is under attack today, the see, little tag on the back. They used the study, Kate Bronfenbrenner, made very system that they created, and we to be made in Los Angeles. They are the following conclusion. This is what cannot afford to go backward before now being made in Mexico and else- she concluded after doing her study: these protections were in place. And where because workers in Los Aangeles NAFTA has created a climate that that is where we are going. asked for decent wages and a safe place emboldened employers and terrified Mr. Speaker, we are going back, we to work. The company knew it could workers. That is what we did here. We are not going forward. The President exploit workers in Mexico, where the emboldened the employer and we terri- talks about the bridge to the 21st cen- government and businesses and union fied the workers, not knowing whether tury. It has got a curlicue at the top officials, as I said, conspire to keep they would be secure in their jobs, because it is going back to the 19th wages low. So it shifts thousands of whether they would lose their jobs, century. The President needs to jobs to Mexico instead of trying to whether they would have decent pen- straighten it out, move forward with sions or health care benefits or how far work out a solution with the workers the workers, not with the presidents their wages would be driven down be- in Los Angeles. and the CEO’s and the multinationals fore their jobs finally left and went to In El Paso, TX, even workers making and the transnationals. This debate is as little as $4.75 an hour, which is the Mexico. Now, these same companies that about our economic future and whether minimum wage, are having their jobs we want to take our Nation forward or shipped across the border to Mexico to promised to create jobs under NAFTA, but who are instead using it as a threat go back to an era in this Nation in multinational corporations in search of which worker rights were not guaran- the lowest wages possible. Workers to drive down wages in this country, now want to expand it to other coun- teed and in which a few wealthy cor- making the minimum wage are not porations controlled the economy and even safe because NAFTA has created, tries without any prediction for work- ers. This problem is only going to get in which people were unable to speak as I said, a race to the bottom in out as they are unable to speak out in search of the lowest wages possible. worse because it is not only Mexico that is being used as a bargaining chip. China today. In 1994, workers were attempting to We do not want to see our Nation go organize an ITT automotive plant in NAFTA supporters would like next to go to Chile, but the nation of Chile is back to where we were 100 years ago. my home State of Michigan, and the We want a trade policy that will move company was resisting. The company being used as a bargaining chip as well, and I am not going to go into a long de- us forward, and that is what we will used the threat of moving to Mexico in keep impressing upon our colleagues in a very blatant fashion. During the or- bate about Chile today, but I can cite some examples about the Goodyear the weeks and months to come. ganizing campaign the management Tire & Rubber Co. and some other folks I want to thank my colleagues for took apart an assembly line in the who are using the Chile export strategy their patience, and again I am just plant; you know, they shrink wrapped as a way to drive down wages and other very honored to be joined today by the it in packaging, and then they took it benefits of workers in Ohio. gentleman from Ohio [Mr. KUCINICH] outside the plant, and they had 13 flat- So this trend will continue on and on and the gentleman from Vermont [Mr. bed trucks. They loaded it all up on the unless we seriously address the issues SANDERS], and the gentleman from New trucks, and on the side of those trucks of wages and workers’ rights in our York [Mr. OWENS] has joined us. I there was this big bright pink sign that trade agreements and unless we hon- would be happy to yield to any of my read ‘‘Mexico transfer jobs.’’ estly deal with China. friends. Same company flew employees from The current system is tragic for Mr. SANDERS. Thank you very their Mexican facility to videotape working people in this country and much, and I want to congratulate you Michigan workers on the production Mexico and China and does not have to on the leadership you have shown in line which the supervisor claimed they be permanent, though, does not have to fighting for a fair trade policy in this were considering moving to Mexico. So be this way. We need to remember this country over the last many years and you know they bring people in, they in- is not just about markets, trade bar- for the rights of working people. timidate them right in the factory, and riers. This is about jobs and living needless to say, the union lost the elec- I think the proof basically is in the standards, about human rights, and pudding. If our current trade policy in tion in that plant, and this type of most importantly it is about human thing goes on, and on, and on and on. terms of NAFTA, in terms of GATT, in dignity. These struggles are about peo- terms of MFN with China was a suc- Let me just show you this one other ple, and the struggles we are about to chart. Companies use NAFTA to drive cess, then we would see it. We would engage in have been fought, as I said, see it, and how would we see it? Well, down wages for American workers. in this country and around the world This is a poster that was put up just 2 we would see that wages for middle by an earlier generation of workers. class and for working people would months ago, a company called NTN Turn of the century, the Industrial have gone up. That is what we would Bower used a very provocative flyer Revolution brought about massive have seen. That is what a success is. right here to try to undermine an orga- changes like the changes we are under- People would be making more money. nizing drive in a Macomb, IL, plant. going today, much as the global econ- The flyer makes a threat. It says if the omy and the technology and informa- But what is the reality? The reality workers decide to join the UAW, their tion are changing the landscape of is that in 1973 the average American jobs may go south for more than just today, and the giant corporations then worker earned $445 a week. Twenty the winter. The leaflet notes there are sought to control the process. They ex- years later, taking inflation into ac- Mexicans willing to do your job for $3 ploited the workers, they exploited the count, that same worker was making and $4 an hour; the free trade treaty al- land, but people got fed up. They de- $373 a week. Real wages have declined lows this. cided they are going to fight back, and precipitously. Well, people do not make $3 and $4 an they banded together, and together Now if this trade policy was working hour down there; I can tell you that. they made a difference. They elected so well, then the working men and They make 70 cents an hour, and you people to office who wanted to break women of this country would be work- get a great job if you can find someone the trust. They elected people to office ing fewer hours, they would have more who makes $2, $2.50 an hour. But the who wanted to provide a decent wage time to spend with their kids and with point is these threats are being used and decent health conditions. They their families. against American workers and driving formed their own unions so they could Family values; we all remember that down American wages. bargain for their sweat. expression. But I will tell you some- Now, this is perhaps one of the most That struggle led to the creation of a thing going on in Vermont that I ex- blatant examples of how companies are system of labor and social and health pect all over this country is that the H3260 CONGRESSIONAL RECORD — HOUSE June 3, 1997 working families in my State are work- America to take decent-paying jobs in So in Mexico alone, I think in 1993 we ing longer hours. In the State of Ver- this country to desperate Third World had a surplus of trade with Mexico of mont we have many workers who do countries, exploit the people there, about $1.7 billion. The last figures for not have one job, who do not have two rather than pay American workers a 1996, we have a trade deficit. The sur- jobs; they have three jobs, and many decent wage. plus went to a deficit of $16.2 billion, women who would prefer to stay home It seems to me that our challenge is and that is all due to NAFTA. with the kids are now forced to go out not only to end the exploitation of Mr. BONIOR. Mr. Speaker, it is a loss and work because the family needs two Third World workers, but to develop of jobs, but what happens often, and we breadwinners. trade policy and tax policies that say have talked about this before, is that So where is the success of this trade to the Nikes and the other major cor- these people get other jobs. They lose policy? Is it working well? Well, we porations in this country, ‘‘Hey, come their jobs because they move to Mexico have to acknowledge, yes, it is working back to this country. If you want or China or Indonesia or elsewhere. The well for some. We were all delighted to Americans to consume your products, people get other jobs eventually, often, read several weeks ago that the CEO’s how about giving them a chance to but the studies that we have seen show of major American corporations last manufacture those products?’’ they get jobs at wages that pay about year saw a 54-percent increase in their I think this is the crux of the entire 60 percent of what they were earning compensation. Hey, that is not too bad; economic crisis that we are facing. We originally. a 54-percent increase. The average have to get a handle on this trade cri- Mr. KUCINICH. And that is inevi- table. worker barely kept up with inflation, sis, or else we are going to see the mid- Mr. BONIOR. That is why, as the gen- and some workers went below infla- dle class continuing to decline and the tleman from Vermont [Mr. SANDERS] standard of living of working people go tion, continue to see a decline in their correctly stated, people are now work- standards of living. down and down. Mr. BONIOR. Mr. Speaker, I thank ing two and three jobs and they do not b 2045 my colleague for his comments. have time for their families. Mr. KUCINICH. Mr. Speaker, when The average CEO is now making over I said a little earlier, before the gen- we consider, as we just spoke of, a com- 200 times what the workers in the com- tleman arrived, that our trade deficit bined trade deficit increasing by 400 pany are earning, which gives us by far with Mexico and with China together is percent over a 3-year period with re- the most unfair distribution of wealth approximately what our annual deficit spect to Canada and Mexico, and now and income in the entire industrialized in this country is in our Federal budg- when we consider China, the United world. et. The real focus ought to be on our States trade deficit with China has So I think there is a little bit of con- trade deficit, because pretty soon peo- fusion when our friends in the cor- grown at a faster rate than that of any ple are not going to have the money to other major United States trading porate media tell us how good our buy the products. Who will buy the trade policy is doing. They hang out at partner. The level of imports from products? China more than doubled between 1992 the country clubs with their other rich If we keep competing to the bottom and 1996, and the United States trade friends and they all talk to each other as we are forced to under this non-sys- deficit at this point is about $40 billion. and say, ‘‘Hey, how are things going, tem, this unfettered free market proc- That was in 1996, and of course China is Joe?’’ ‘‘Pretty good. Made 60 percent ess that we are engaged in, we are the fourth largest supplier of United more this year than last year.’’ Write going to have a hollow shell. The top 20 States imports. an editorial, things are going really percent will be there, they will be fine, So what are we taking in from good. they will be okay, but the folks under- China? I think most people would re- But they forget to go into the small neath will not have the wherewithal to member they are toys and games, foot- business community and they forget to purchase and then we will start to see wear, clothing and apparel, and tele- go into the factories and into the a decay in our economy slowly. communications equipment. That is plants. Talk to workers there and what I yield to my friend from Ohio [Mr. what we are bringing from China to the do the workers say? They say, ‘‘They KUCINICH] who has been here, and I United States, and all of those indus- cut back on our health care benefits, thank him for staying this evening and tries, which were very good industries they lowered our wages, they are forc- for his contribution to this debate in this country at one time, have been ing us to work more hours for less which has been substantial. greatly affected. The people who pay.’’ But that is the part of America Mr. KUCINICH. Mr. Speaker, I thank worked the jobs manufacturing those that we do not see reflected here in the gentleman from Michigan [Mr. goods have had to go to other areas this Congress very often, we do not see Bonior] his leadership that he has where, as the gentleman from Michigan reflected in the editorial pages of shown for this country on this most points out very correctly, if they are America’s newspapers. significant of economic issues. The working at all they are working for a The whole issue of so-called free American people really owe the gen- greatly reduced wage. trade is not very complicated. Just tleman a debt of gratitude for being Now get this: What are we sending to imagine any community in America, willing, week after week, to come be- China? Because people will say our ex- any normal community, and just sud- fore the people and state the case for ports have increased. Sure. Here is denly see the size of that community the American people to look at this what we are exporting. We are export- double and that the people who came in issue and to consider the impact it is ing aircraft plants and equipment. Air- were prepared and forced to work for 20 having on their lives. I appreciate the craft is one of our three major indus- cents an hour or 40 cents an hour. chance to be here with my good trial legs that this country stands on. Now, what do we think would happen friends, the gentleman from Vermont It is like a tripod. We have aircraft, to wages and benefits in that commu- [Mr. SANDERS], the gentleman from steel and automotive. Well, we are now nity? It does not take a Ph.D. in eco- New York [Mr. OWENS], and the gentle- slowly starting to damage that very nomics to figure it out. Employers woman from Ohio [Ms. KAPTUR]. significant part of our industrial struc- would much prefer to pay people 20 As the gentleman just stated, we ture by exporting plants and equip- cents an hour or 40 cents an hour. I have these raising trade deficits. As a ment from the aircraft industry, and think in Vietnam now they have gone matter of fact, since NAFTA was we are also exporting automotive down to 6 cents, that Nike has finally passed in 1993, our combined trade defi- plants and equipment, which is the reached the lowest of the low, that in cit with Canada and Mexico has gone other, which is the second part of that Vietnam they can hire people at 6 up about 400 percent, 400 percent. When three-part equation. cents an hour. So what do you think we see a trade deficit go up, that means Now, we wonder why that is happen- happens in a community with wages? that jobs are being created there but ing. Well, as a matter of fact, China is They go down and benefits go down. we are losing jobs here. It is very sim- actually demanding, as a term of doing So-called free trade that exists right ple. We are not finding any way that business with them, that we export now, whether it is MFN with China or we can make up for that. It is not hap- technology. In effect, we are blindly NAFTA, is an effort by corporate pening. devoted to trade at all costs. June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3261 I am not opposed to trade. I do not downgrading of the wages of American drive wages to the bottom, I mean it is think there is anyone here in this workers, but I want to thank the mi- amazing what is going on here, and Chamber this evening who is opposed nority whip and my colleagues for con- people are picking it up. I mean there to trade, but we should not let free tinuing this crusade to educate the is something happening out there. It is trade mean that we trade away jobs in American public, to educate American slow, but people are figuring it out this country, we trade away the level workers. when they are working two and three of wages which people have worked a We have just seen the majority of the jobs to make ends meet; when they get lifetime for, we trade away our basic masses of France sweep out a govern- another job after they have been laid political rights, we trade away our en- ment that wanted to take care of the off and only at 60 percent of what they vironment. That cannot be the kind of economy on the backs of the people at have been making; when we are seeing, trade that we can be involved in. But the bottom. We have just seen in Can- as the gentleman currently points out, we are blindly devoted to free trade ada the same kind of phenomenon looking at the elections, by the way, with nations like China, which at this where the people on the bottom said last week. point the U.S. is involved in giving ‘‘No, we’re are not going to take it any b 2100 China high-tech weapons production more,’’ and they swept out, they al- equipment in order to sell some U.S. most swept out a government that in- I was sitting there. The NDP, the aircraft. sisted that the only way they could New Democratic Party, did very well. My colleague from Vermont [Mr. make the economy work was by put- They doubled their number of seats in SANDERS] probably heard about that. ting one more burden on the people on the Parliament last night, and a lot of According to the Wisconsin project on the bottom, taking away their benefits, that was based upon these faulty trade nuclear arms control, the United lowering their wages, a worldwide globalization policies. Of course, as we States sold to China machine tools movement to press down wages. know, in France, the people in France which were previously used in Colum- We always favored globalization and were not willing to put up with this un- bus Ohio to produce the B–1 bomber. thought of taking the American stand- fettered free market with no respon- The tools included high-tech milling ard of living to the rest of the world. sibility to the social cost to people. and measuring machines and a giant We were going to raise the standard of People are starting to understand that stretch press used for bending large living of the world. We did not know there needs to be some mechanism to pieces of metal. that globalization meant that we were stop this unfettered globalization from Now the Chinese Government in- going to have wages brought down to eating people up and eating all the sisted on getting the high-tech equip- the lowest common denominator. gains we have made over the last num- ment as an incentive so they would We can measure this process in the ber of years. purchase aircraft from an American trade balance, the deficit with China, I yield to the gentlewoman from Ohio manufacturer. China promised that in terms of trade, the deficit with Mex- [Ms. KAPTUR], who has some charts I once they got the equipment, they ico. We can measure the amount of jobs think she wants to share with us this. would only use it to produce civilian they are taking, the dollar value and Ms. KAPTUR. Mr. Speaker, I want to aircraft. the amount of jobs they are taking. It compliment and thank the gentleman Well, guess what? Once the deal was is not so subtle. Our folks need to begin from Michigan [Mr. DAVE BONIOR] for done, the Chinese Government housed to understand this, and unfortunately being so vigilant and having these spe- the tools in a missile base. Now, think we evidently are never going to have cial orders to help educate our Mem- of what that means in terms of secu- the help of the mass media, so we have bers and the American people to what rity, let alone the economy. The Com- to keep the crusade to educate the is happening with trade agreements, merce Department, when they realized American public going on. jobs and wages in this country. the mistake, advised sanctions on Mr. Speaker, I will stop at this point I am honored to join the gentleman China, but they were overruled by peo- because I want to talk about a new fac- from New York [Mr. MAJOR OWENS], ple higher in the government. tor that has entered into this process, my classmate from the class of 1988, I point this out because there are im- and that is, you push the welfare recip- and also the gentleman from Ohio [Mr. plications which are political, eco- ient into the labor market and they are DENNIS KUCINICH] who we are so pleased nomic, and human rights implications, supposed to work at less than mini- to have here, and my good friend, the and I certainly feel that discussions mum wage. So that is a new pressure, gentleman from Vermont [Mr. BERNIE like this give us an opportunity to in addition to telling the worker, ‘‘If SANDERS] who has been our partner in bring these facts before the American you don’t shape up, if you join a union, these efforts over the years. I think, as people, because people have a right to if you do anything I don’t like, I’m the gentleman from Michigan has said, know what is going on in the name of going to take your job to Mexico.’’ we have made headway with the Amer- free trade, about how their jobs are These are to welfare recipients at less ican people, though we still have not being traded away, about how our than minimum wage, so that is a dou- made sufficient headway here in Wash- trade deficit increases, how we ask the ble threat. ington, but it is improving. We are American people to sacrifice, to sac- Mr. BONIOR. Mr. Speaker, I thank making progress. rifice their jobs and their standard of my colleague for his contribution. That I just wanted to present a couple of living, but no one is demanding that is an important theme. It is really un- pictures here that I took myself on a other nations involved in these trade conscionable when we think about trip that we took to Mexico to point relationships shape up with respect to what is happening here. Yes, sure, we out what is really at issue here. We are their responsibilities, both to this want people to work, but we will not talking about the ratcheting down of country as a trading partner and to even pay them a minimum wage to wages and working conditions in our their own people. work, we will not even give them the country. At this time I would be glad to yield dignity of a decent wage. That is what This is one of the companies, it is back to one of my colleagues, as we are is happening. called Gigante Verde in Mexico, but it all here to participate in this impor- As I stated a little earlier in my com- is Green Giant as we know it here in tant discussion. ments, workers are not even safe with this country, a company that moved Mr. BONIOR. Mr. Speaker, I thank a minimum wage job if they live on the lots of jobs out of California. We are the gentleman for those comments, and border near Mexico. People in El Paso, talking about the wage issue. they are right on target. I would like TX who were making $4.75 an hour are If Members look down here, they to yield now to the gentleman from now losing their jobs to Mexico. moved to Irapuato from Watsonville, New York [Mr. OWENS], and then to my So this effort on the part of govern- CA; hundreds of jobs lost in California, friend from Ohio [Ms. KAPTUR]. ments, per the gentleman’s comments where the workers earn $7.61 an hour in Mr. OWENS. Mr. Speaker, I would with respect to people moving off wel- California. It is a State that has a pret- just like to comment briefly, because I fare and not being able to get a decent ty high-living standard. It is expensive. think I have an hour after this where I wage for the work they do, and the Seven dollars and 61 cents an hour is will be continuing the discussion of the international, multinational effort to not a whole lot. In Irapuato, however, H3262 CONGRESSIONAL RECORD — HOUSE June 3, 1997 Green Giant, which ships all that prod- bus; Dayton; Delaware; Galion; Green; needed for people that make their prod- uct back here, because it is frozen and Greenfield; Greenville; Grove City; He- ucts, that make that company work we have freezers here, and the average bron; Kent; Marion; North Baltimore; down there, to live decently. That is homemaker in Mexico does not, they Piqua; Prospect; Sidney; Strongsville; another piece of the tragedy of all of pay $4 a day to their workers there. Tipp City; Troy; Willard; and Zanes- this. The draw is obvious: Production ville. Calle Ohio, indeed. Mr. SANDERS. Mr. Speaker, if I moving in the agriculture sector out of Ms. KAPTUR. We could go and find may, the outrage, while all of this goes California into Mexico, workers in the those companies down there. In fact, on, while they do not have enough processing plants paid much less than we need lots of missions by church money to clean up the environment, I in this country, and Green Giant mak- groups and interested organizations was down in Mexico and we talked to ing huge profits. around our country connecting the women who were having miscarriages The next chart, or it is actually a workers who have lost their jobs in because they were working in such photo that I took, I had to take it with this country and then going and find- unhealthy environments. Children were three pictures because it was so large, ing those jobs. Remember the games being born with major birth defects. this is one of the companies that we used to play as children, you would They do not have the money to do moved from New York. We will go to follow the string? We need to follow that, but they do have the money to the other part of the United States. the string, whether it is Vermont, pay their CEO’s 54 percent more this Trico Corp. makes windshield wiper Ohio, California, Florida. year than last year. They do have the blades. I wanted to place another company money to hire all kinds of lobbyists to This is a picture of the plant relo- in the RECORD tonight that started lay- come here to Washington to tell Mem- cated from Buffalo into one of the offs this May, just this past month, in bers of Congress how good this policy is maquiladora areas in northern Mexico. the State of Massachusetts, Osram that makes the rich richer and every- I do not think, unless a citizen has Corp. And when the gentleman from body else poorer. traveled to Mexico and has seen the Michigan talked about global produc- They do have the money to put ads in vastness of these plants, they have any tion and global sourcing, this company newspapers all over America telling us idea of the kind of transplantation that is owned by Sieman’s Corp. out of Ger- how we have to cut back on Medicare is occurring of United States produc- many. They are laying off an initial 160 and Medicaid and education and give tion down to Mexico; and it is not just workers at this company in Danvers, tax breaks to the rich as part of a the United States, but it is inter- MA, starting this past May, just last budget agreement several years ago. national corporations of all stripes month, and they do not know how They suddenly have the money for going to the cheapest wage havens of many more they are going to lay off, those things, but when working people the world. but they are moving the workers to in this country and in Mexico ask for Mr. BONIOR. They are modern Juarez, which is in one of the decent wages, gee, there is just no plants, they are huge facilities and maquiladora areas, and to Mexico City. money available. I think this is the un- they are very modern, as we can see. If I could just take 1 extra minute to told story of the last 30 years. Ms. KAPTUR. Completely modern. read from one of the articles in the What saddens me very much is the But if you go with a worker that works local weekly newspaper up in Massa- corporate media, which is owned by in this plant to where they live, it is an chusetts, it says that the layoffs are these very same people, is not going to abomination. The people who work in significant because they mark the first tell the story, but what we are seeing these plants do not earn sufficient time NAFTA has impacted the labor is a situation of unparalleled greed in wages to buy anything they make. force north of . The President of the modern history of this country, Their streets are not good enough to the company said that it had a rela- where the people on top are making drive cars, anyway. They are bused tionship to NAFTA, which was ap- huge amounts of money, pushing down into these locations, largely women proved by Congress 4 years ago, but the American workers, pushing down workers. Seventy to 75 percent of the here is what he says in the article. the Mexican workers, forcing people to people working in this plant are women He says that aggressive pushes by compete against each other, destroying workers who earn maybe $1, $1.20 an competitors General Electric and Phil- the environment so they can sit up hour compared to what the workers in ips BV of the Netherlands into Mexico, with their billions and billions of dol- Buffalo used to make. where labor is cheap and environ- lars. It is an outrage, and it is an out- None of that production is used by mental laws lax, forced Sylvania to re- rage that this Congress has not effec- the people of Mexico. It is sent back examine labor costs. He says, ‘‘My tively dealt with that issue. here on vehicles that are assembled competitors are selling products at Mr. OWENS. Mr. Speaker, the cor- down there. One of the largest compo- prices lower than my costs.’’ And at porate greed we are seeing has abso- nents of the trade deficit are assembled that particular plant workers earn $13 lutely no common sense. What history vehicles now, cars and trucks that are an hour, while workers in Mexico earn has clearly demonstrated over the past coming back to the United States. less than $2 an hour. So they can rake 50, 75 years is that the locomotive, the The last chart, and this is sort of the off a lot more profits, whether the mul- engine of the locomotive that drives frosting on the cake, but it makes me tinational is based in Germany and has the economy of America, and the so angry I sometimes cannot contain a subsidiary in Massachusetts, or American economy drives the economy myself, this is the street sign next to whether it is located in Ohio and it of the whole world, is the middle-class that plant. It is called Calle Ohio, Calle moves down to Mexico, or to any low- consumer. Who are the middle-class Michigan. They have actually renamed wage haven. That is really what we are consumers but the workers who earn the street. You feel like you are living fighting for. decent wages in the factories? in a surreal world of Hollywood, where Mr. BONIOR. It is not just the low Henry Ford did not automatically they just move the street signs around. wages, as the gentlewoman has just understand it, but he got around to un- It is the intersection of Ohio and mentioned. They go down there, and derstanding that folks need to have Michigan Avenues. The problem is it is you know, $13 up here, and they pay higher wages in order to buy my cars. a maquiladora in Mexico, and the less than $2 to workers down there, and It is only a matter of time. Nobody be- workers there have none of the rights they do not have to do anything about lieves that what we have in motion is of the workers in Ohio and in Michigan the environmental standards. going to kill our economy, but it is to earn a decent living, to earn decent The American Medical Association, a only a matter of time when, as the rich benefits. conservative organization by I think get richer on top and they take away Mr. KUCINICH. Mr. Speaker, I think anyone’s standards, labeled the the power of the consumers in the mid- I figured out why they call it Calle maquiladora area as a cesspool of in- dle and the bottom, there will not be Ohio, anyhow, Ohio Street; because lis- fectious disease. That is their words. anybody to buy these products and the ten to the cities in Ohio who have lost These multinational corporations do great engine of the locomotive will go jobs to NAFTA: Bethesda; Bucyrus; not have the decency to put in sewers, dead, and we will all be in a morass in Cambridge; Canal Winchester; Colum- clean water, the infrastructure that is terms of the economy. June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3263 The common sense of the American his patience with us this evening, and formed. That is elimination, liquida- people has to come into this situation. his indulgence in the last minute or so. tion. Millionaires want to be billionaires. I thank all of my colleagues for coming We gave to the States certain powers, Billionaires want to be multi-billion- this evening and sharing their and we give them money, but the right aires. It is greed totally out of control thoughts. We look forward to continu- for a poor person to expect his govern- and greed that is going to be self-de- ing this debate. ment to help to keep him alive is gone. structive. They are going to destroy f The welfare reform was driven by a call themselves as well as the whole Amer- to put people to work. Work was a ne- ican economy. REPORT ON H.R. 1757, FOREIGN RE- cessity in order for human dignity to Mr. KUCINICH. Mr. Speaker, human LATIONS AUTHORIZATION ACT, be encouraged. Work was desirable and rights is not just an international FISCAL YEARS 1998–1999, AND H.R. work was available. We insisted that issue, something we should be con- 1758, EUROPEAN SECURITY ACT the work was available in spite of the cerned about happening in other coun- OF 1997 fact that we had high unemployment in tries. Human rights is a domestic issue, Mr. DIAZ-BALART (during special all of those areas where you had a large too. If someone does not have a job, if order of the gentleman from New York, welfare case load, large numbers of someone does not have decent wages, if Mr. OWENS), from the Committee on people are on welfare in the areas someone cannot have decent benefits Rules, submitted a privileged report where you have the biggest unemploy- to protect their family’s health, if peo- (Rept. No. 195–115) on the bill (H.R. ment problems. ple cannot get a good education, if they 1757) to consolidate international af- So now we have a situation where we do not have rights on the job, their fairs agencies, to authorize appropria- have pushed and are pushing people off human rights are undermined. That is tions for the Department of State and the welfare rolls. We are insisting that why these trade issues, GATT, NAFTA, related agencies for fiscal years 1998 there are jobs, and as we mobilize to most favored nation, all have relevancy and 1999 and for other purposes, and for put more and more people to work, to this country, because it is about our consideration of the bill (H.R. 1758) to what is happening is that we have cre- human economic rights in America. ensure that the enlargement of the ated a situation where people are being We need to be, and it is good that we North Atlantic Treaty Organization forced to work for less than the mini- are, Congressmen and Congresswomen, [NATO] proceeds in a manner consist- mum wage. And when accusations are standing up for the American people ent with the Untied States interests, to made that this is a movement toward and for their economic rights and in- strengthen relations between the Unit- slavery, people are upset. They say how sisting that the human economic ed States and Russia, to preserve the dare you use the word slavery. rights of the people in this country prerogatives of the Congress with re- Let us stop for a moment and con- need to be protected, and we do that spect to certain arms control agree- sider the fact that on the plantation every time we raise questions, as we ments, and for other purposes, which everybody had a job. There was no un- are doing this evening. was referred to the House Calendar and employment on the plantation. You Mr. SANDERS. In terms of human ordered to be printed. might have great varieties in terms of rights what I get a kick out of is not so f fringe benefits in terms of housing pro- many years ago we were told that vided or decent food, but everybody China was a Communist authoritarian DESTROYING ORGANIZED LABOR had a job. You can have a situation society where people did not have any AND MAKING WORKERS POWER- where everybody has a job, and you can rights, where people did not have reli- LESS IN THIS COUNTRY take away the dignity of people gious freedom. Unless I am not hearing The SPEAKER pro tempore [Mr. GIB- through the job but not paying them a what is going on, not only have things BONS]. Under the Speaker’s announced decent wage, you can drive down the not changed, they have gotten worse. policy of January 7, 1997, the gen- wages to the point where we have a The State Department last year an- tleman from New York [Mr. OWENS] IS new class of people, what you might nounced that the situation in China in RECOGNIZED FOR 60 MINUTES. call urban serfs or suburban peasants. terms of human rights is worse. With Mr. OWENS. Mr. Speaker, I would Mr. Speaker, they are in a situation over 1 billion people, they said there like to make it clear that my col- where they are locked into accepting are no dissenters. In all of China, no- leagues are welcome to stay. The issue whatever is given them, but it has body, not one person, according to the I am about to discuss is quite relevant nothing to do with the relationship State Department, is out on the street and related to the previous issue. with what they need and what the able to dissent against their authori- Mr. Speaker, we are in a situation standard of living is in our particular tarian country. where, as I said before, there is a drive society. So we are driving down wages But what has changed in America? on to drive the workers’ wages down to now by introducing into the labor mar- What changed in America is corporate the lowest levels, and the process of ket a new class of people, putting them America has said, gee, maybe that is globalization is being used to do that, in jobs and paying them less than even not such a bad place to do business. where corporate powers are moving the the minimum wage which is totally in- Hey, why were we attacking these peo- jobs and their manufacturing processes adequate. ple? No unions, no freedom to stand up to the areas that have the lowest We have had previous discussions and fight back? Sounds like a good wages, and there is a continual search about how inadequate the minimum place to do business. that goes on and on perpetually for the wage is. It is going to go up to 5.15 an So where 20 years ago we were told lowest wages. hour, it is now at 4.75. If you look at how terrible Red China is, suddenly At the same time, we have a situa- what it takes to maintain a family, these same corporations are now spend- tion in our borders here in America you can make the minimum wage and ing millions of dollars to convince us where every effort is being made to de- work every eligible hour during the that it is really a very fine place and it stroy organized labor, to take away the year, and still you are in poverty ac- is a wonderful place to do business. power of the workers to speak for cording to our own standards. What better place can you have? You themselves and to drive the work force So I want to open the discussion in pay people 20 cents an hour. If they here down to lower levels at the same terms of the new threat, the additional stand up and fight back they are fired, time you are taking away their jobs threat in addition to most-favored-na- put in jail. You have slave labor over and forcing them to bargain for lower tion status for people for countries like there in the prisons. What a good place wages because of the globalization. China in addition to NAFTA and in ad- to do business. Let us continue MFN dition to GATT. We now have a drive b 2115 with China, say our corporate friends. on within our own society to finish the Fortunately, some of us do not agree We have with the welfare, so called, job and it is not unrelated, what is hap- with that. reform. It was not welfare reform. It pening to welfare recipients and Mr. BONIOR. I thank my colleague. I was welfare liquidation. We destroyed workfare and the movement to try to think that is a good summation to end the entitlement, for that has been in force people to work for less than the with tonight. I thank the Speaker for the law for 65 years, that was not re- minimum wage is not unrelated to the H3264 CONGRESSIONAL RECORD — HOUSE June 3, 1997 total Republican attack on organized ment that has taken place in modern jority of the 60 million cable TV sub- labor. American history. This is the story of scribers. Unprecedented, an unprecedented at- the century, that the American middle Three companies own more than half tack has been launched in this Con- class is shrinking, that the gap be- the television business, four companies gress, the 105th Congress, a Congress tween the rich and the poor is growing own more than half of the movie busi- that prides itself on seeking some new wider, that people are working longer ness, five companies rake in more than bipartisan options and wanting to be hours for low wages. But somehow half of all book revenues. more civil. In no way is it acting civ- when we turn on the TV in the evening, So there is a reason why people do illy or behaving in a civil way toward we do not see that story. We see O.J. not feel engaged in the political proc- organized labor. They have come out Simpson and we see everything else in ess. There is a reason. My colleague pushing very hard to destroy organized the world, but we somehow could not mentioned, I think very perceptively, labor. see that story. How come we do not see what has been going on politically There is a thorny campaign on to that story? It is tied into everything around the world in the last month. promote union democracy which would else that we are talking about. The change in England with the vic- take away the rights of labor unions to Who do we think owns the media? tory of the Labor Party, the change in finance the political education of their When we talk about sweatshops in des- France with the victory of the Social- own members. There are new ambushes perate Third World countries, when we ist Party, the fact that the NDP did of Davis-Bacon, the prevailing wage re- talk about companies downsizing and very well in Canada. What we are see- quirements, new ambushes that are throwing American workers out on the ing is people all over the world saying, being prepared, riders on bills unre- street, we are talking about companies no, we do not have to deal with the ab- lated to work force issues. There is the like Disney who, among other things, surdities of the global economy which whole cash for overtime swindle where, owns ABC. When we are talking about lower our wages. But in this country it instead of giving people cash for over- companies going to Mexico to pay peo- is very hard for people to learn about time, they are going to take it away ple substandard wages or going to what is going on because of corporate and give them time off at the boss’s China, we are talking about General control over the media. I think that is discretion and convenience. Electric, who happens to own NBC. And one of the reasons why we end up hav- There is a continuing drive to gag Westinghouse happens to own CBS, and ing by far the lowest voter turnout. the Occupational Safety and Health Rupert Murdoch happens to own Fox, In England, I think they were dis- Administration. There is a continuing multibillionaire who is extremely right appointed. Their voter turnout was refusal to recognize ergonomics, what wing. perhaps 70 percent. They were dis- that means in terms of repetitive mo- So it is no great secret that the appointed. It was a low turnout. Can- tion disorders to workers. There is a American people do not see the most ada, it is usually above 70 percent. My new drive to pass the union busting law important realities facing their lives guess is in the next congressional elec- called the Team Act, which allows the on the television. They turn on the TV, tions, probably 35 percent of the people bosses almost to hand pick the shop they see everything else in the world will vote. Low-income people, working stewards. And there is a new slashing except what is going on in their own people have given up on the political of the budget for the National Labor lives. process. One of the reasons I would sug- Relations Board which is being threat- I think one of the issues that I would gest is that, when they read the papers ened. And they are harassing the Na- add to the discussion is the need to and they read the magazines and they tional Labor Relations Board. And tackle the very important issue of cor- see the television, their lives and the then there is NAFTA, GATT, most-fa- porate control over the media. It is not pain of their lives is not being reflected vored-nation treatment trading status just television. It has to do with news- in what they are observing. I think for China that we have been talking papers as well. Let me mention a very that is an issue we have to discuss. about here previously. wonderful book written several years Mr. OWENS. I think the fact that the Mr. Speaker, I yield to the gentleman ago by a former journalist named Ben British economy in general was per- from Vermont [Mr. SANDERS], who Bagdikian, the Media Monopoly. Let forming very well, they say we have might want to comment on this, which me quote from Mr. Bagdikian or para- prosperity. What the common ordinary is a continuation of what we were talk- phrase what is going on in newspapers people in Britain understood was that ing about before, the drive to push the in America. more and more people at the top were wages of labor, of the working class Eighty percent of the daily news- getting more and more of that econ- down to the very lowest level. papers of this country were independ- omy, and they were getting less and Mr. SANDERS. Mr. Speaker, I thank ently owned at the end of World War II. less. The great shock was they swept the gentleman for yielding to me. The They were owned by people, not huge overwhelmingly, they swept out a issue that he is talking about is the corporations. Today, 80 percent of daily party at a time when prosperity, so most important issue facing our soci- newspapers are owned by corporate called, was very much in motion there. ety, and that is that never before in chains. Just 11 companies control more Mr. SANDERS. If the gentleman will American history, at least the modern than half of the dailies, half of the Na- continue to yield, the gentleman raises history of this country, have the people tion’s daily newspaper circulation. And an interesting point, because there are on top had so much wealth and have then we wonder when we have this strong similarities between the econ- had so much power. What they are NAFTA debate, gee, is it not a great omy in England and the economy in doing with that wealth and power is shock that every major newspaper in the United States. And that is our un- using it to make themselves ever more America ends up being pro-NAFTA. In employment. England’s unemployment rich while they are squeezing and fact, 98 percent of the daily newspapers is lower than western Europe, but what shrinking the middle class and creating in America have a monopoly as the they forgot to tell us was interesting. a new class, urban serfs. only paper in town. You have a one- Do you know what the wages in Eng- Mr. OWENS. And suburban peasants. newspaper town. land were compared to Western Eu- Mr. SANDERS. What you are talking Although there are more than 11,000 rope? They were, according to the New about are the millions and millions of magazines published in the United York Times, 40 percent less, 40 percent people who are desperate, who have no States, today just two corporations lower. So what they sacrificed were de- place to go and that is what is going on control more than half of all magazine cent wages, and they created a whole in this country. revenues. When you go to the news- lot of low wage jobs, which is what we There is one point that I want to add paper stand and you see all of those are doing in this country. to what my colleague was saying. And magazines, what you end up finding In this country, 20 years ago the that is my very great fear that the out is that these magazines, many of United States led the world, we were American people are not reading or them are owned by a relatively small No. 1 in terms of the wages and bene- seeing on their TV’s or hearing on number of corporations. Although fits, highest wages in the world, we their radios much about this reality, there are 11,000 local cable television were No. 1. I know that we do not see which is the most important develop- systems, only 7 companies have a ma- it on CBS too often. Rupert Murdoch June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3265 does not talk about it too often, but workers. And the latest development is bad, but it does not affect me. But it today we are 13th in the world. German the fact that we have had new low- does affect us, because what is going manufacturing workers make 25 per- wage workers introduced into the labor on, if an employer can hire somebody cent more than our workers. These pool via welfare recipients. for $3 an hour, for $3.50 an hour, that people have 6 weeks paid vacation. In my city of New York, workfare means all wages will go down as well. They have a national health care sys- they call it, is expanding. We have one That is what this effort is about. It is tem. Their kids can often go to college of the biggest workfare programs in not only to save money by hiring peo- for free. We do not talk about that too the country, where welfare workers go ple below the minimum wage, it is to much. to work for city agencies. Now, we also push everybody’s wages down in ex- Mr. OWENS. We have traded places have one of the biggest reductions in actly the opposite way that when we with Great Britain where the gap be- the number of workers on city payroll raise the minimum wage working peo- tween the rich and poor used to be the at the same time. They say, well, this ple’s wages will go up. greatest. We are now, democratic is being done by attrition. After all, The gentleman before made an inter- America has now the greatest gap be- the mayor of the city is running for re- esting point, and I want to pick up on tween the rich and the poor. It is the election this year. He is not laying off that because, again, it is an issue that phenomenon that has taken place. It anybody. But they are not hiring any- is not discussed very much on the floor has nothing to do with capitalism per body. They have not hired anybody for of the House. He said, quite correctly, se. The argument about capitalism and the last 3 years. And they had a process that the United States now has the what it does to an economy is an argu- of encouraging workers to retire in most unfair and unequal distribution of ment, I think, that is just about over. various ways, pressing them to take wealth and income in the entire indus- It appears that humankind prefers a packages to retire. trialized world. They used that dubious capitalist system. It seems to be com- So the civil service work force in distinction that used to accrue to patible with the way human beings are New York has been reduced while the Great Britain, with all their dukes and built. We are not talking about capital- workfare work force has gone up. The queens and kings. ism automatically creating this kind workfare people, who are welfare re- The point is that today the United of condition. Capitalism can be com- cipients while they are on workfare, States has claimed what England used passionate. Capitalism can be more are working for less than minimum to have and that we now have, the creative. They have a capitalist system wage. They have to work a certain most unfair distribution of wealth and in Sweden. They have a capitalist sys- number of hours in order to get their income. tem in a number of other places. Nor- grant. And if we divide the number of When we talk about economics, ulti- wegian workers do very well. There are hours into the grants, we will find the mately, like a football game or a bas- a number of places where they choose amount of money per hour is lower ketball game, it is about who wins and to use their resources in certain ways than minimum wage. Add to that that who loses. And what is going on in the and they choose to throttle the run- there are no fringe benefits attached to United States today is that we know away spirit of greed which creates that work. Of course, they are still on who is winning. We know the wealthi- more and more billionaires and multi- welfare so they are fortunate enough to est 1 percent of the population now billionaires. We ought to see ourselves be able to continue to get Medicaid for owns over 40 percent of the wealth, differently. health care. which is more than the bottom 90 per- Mr. Speaker, President Clinton has So we have a situation where from cent. So we have 1 percent owning said that America is the indispensable within the country pressures are now more wealth than the bottom 90 per- Nation in today’s global society. I on to drive down the wages by forcing cent. agree. I think capitalism has, in fact, more and more low-wage workers into When we hear about the booming demonstrated that perhaps capitalism the market. The White House has economy, we should know that between is an indispensable economic system of reached to call for a minimum wage in 1983 and 1989, 62 percent of the in- humankind. There are all kinds of cap- workfare plans. They say we must pay creased wealth of this country went to italism. Chinese capitalism uses slave welfare workers a minimum wage. the top 1 percent and 99 percent of the labor in prisons, and we are buying That set off a whole chain reaction. increased wealth went to the top 20 into a system with China where we are That chain reaction, we understand, percent. Meanwhile, the middle class willing to buy the products of slave may culminate in a bill on the floor of shrank and poor people were working labor. this House very soon. at lower wages than for many, many More and more of those products are There is one rumor that Ways and years. flowing into this country. We have an Means is preparing it now, which will And when we see the unfair distribu- enormous trade deficit with China. It make it clear that by order of this gov- tion of wealth in general, we also see took over a very short period of time. ernment, people must work for less recently the outrageous situation that The Japanese deficit grew slowly over than minimum wage. We are going to CEO’s in the United States of America, the years, but the deficit, by deficit I put that into a law. There is a great the heads of large corporations last mean we are buying so much more deal of alarm about it. We have been year had a 54 percent increase in their from China than China is buying from meeting today among members of the income while many working people saw us. If you want to know what these Congressional Black Caucus. We want a decline in their real wages. And deficits are about, a trade deficit is to call this to the attention of our fel- CEO’s now earn, on average, more than when you are buying so much more low members of the Democratic Party, 200 times what the worker in their from one country, from a country than we want to call it to the attention of company earns, which is by far the they are buying from you. We are buy- all of the Members of the House and to largest spread in the industrialized ing many products that should be man- the attention of the American people. world. ufactured in our own country. We are We want to sound the alarm right So I think when we talk about the buying products that our workers here now, let us not sit here in Washington state of the economy, it is important used to make. We are buying those and make laws which will create a new to understand who is winning and who products from the Chinese. We are class of workers, urban serfs, suburban is losing, and the reality is that the doing all of that in terms of the peasants, whatever we want to call it, people on top have never had it so globalization that we talked about in people working for less than minimum good, the middle class is shrinking, and the previous hour, driving down the wage. Minimum wage is already inad- working people all over this country wages by moving from one country to equate. We will not accept anything are working longer hours for lower another to find the lowest wages. below the minimum wage. wages and barely keeping their heads Mr. Speaker, I yield to the gentleman above water. b 2130 from Vermont. Mr. OWENS. I thank the gentleman. But here in this country the attack Mr. SANDERS. The point the gen- The story is that we are the wealthiest on organized labor is an attack which tleman is making is that many people nation that ever existed on the face of seeks to drive down the wages of the out there may say, well, that is too the Earth. The wealth of America is H3266 CONGRESSIONAL RECORD — HOUSE June 3, 1997 constantly increasing and the wealth So this is a time when all of America plying current laws to those employees of wealthy people throughout the world really should unify to protect the who are making the transition from is constantly increasing. rights of those at the very bottom. I welfare to work. So how can some Re- There is no reason why minimum thank the gentleman from New York publican Members of this body demand wages cannot be provided. There is no and yield back to him. that a citizen of this country leave the reason why health care cannot be pro- Mr. OWENS. I thank the gentleman welfare rolls and go to work, then in vided for everybody. There is no reason from Illinois and I yield to the gentle- the same breath deny them the mini- why we cannot have a totally different woman from California. mum wage for an hour of work? kind of society even within the struc- Ms. MILLENDER-MCDONALD. Mr. Workfare employees not only should ture of capitalism. There is no reason Speaker, I thank so much my dear col- but need to be treated the same as any why it cannot happen. It is the blind- league from New York and also my col- other employee. To do otherwise is un- ness, the shortsightedness of the people league from Vermont and from Illinois. fair to them and the employees they in power and that have the money that I could not help but to come to this work with. Welfare recipients in continues this condition. floor when I heard the gentlemen workfare programs should be entitled And the fact we went to great lengths speaking about the issue of minimum to the same protections under Federal to push people off welfare and with the wage. labor and antidiscrimination laws as myth that there were jobs out there, Certainly I was one of those who cast other employees. The work participa- and now we are pushing them into the a vote in favor of that last year, but as tion rules of the new welfare law re- work force to undercut the lowest paid I look at an article in The Washington quire a single parent to be engaged in workers and compete with those that Post, and it speaks to one of our col- a job activity for 20 hours per week in have jobs. leagues, Republican colleagues, who is fiscal year 1997. Mr. Speaker, I yield to the gentleman suggesting that a solution with ref- b 2145 from Illinois. erence to persons being paid below the For an adult in a two-parent family, Mr. DAVIS of Illinois. Let me first of minimum wage would be to pass legis- 35 hours a week are required, and a sin- all thank the gentleman from New lation that would say the minimum gle parent is required to work 25 hours York for yielding. It is certainly a wage would not apply, and another in fiscal year 1999 and 30 hours in fiscal pleasure to join here this evening with would be to say that all of the benefits the gentleman from Vermont and the year 2000. How can a mother afford that people are receiving would count gentlewoman from California as we dis- child care for her children in addition toward calculating the minimum wage. to the basic needs of food, shelter, and cuss what I think is one of the most se- I think this is absolutely deplorable. clothing with an income well below the rious issues facing America. As I looked at my colleagues last year, It seems to me that right now, as we minimum wage? those who voted on this minimum prepare to implement welfare reform, Mr. Speaker, I think it is deplorable. wage, I was encouraged that perhaps as it is being called, or as we prepare to I ask my colleagues, why are we doing we were moving forward, as the gen- implement the right for people to go this to persons who recognize that they tleman from Illinois said. But then as I from welfare to work, or the enforce- must leave welfare to go to work and ment of people going from welfare to went back home to my district of yet they are being told that now, if work, that rules are being changed. Watts and Willowbrook, Compton and they should find a job, there is a possi- We have just seen the rule changed in Lynwood, Wilmington, and had to meet bility that they will not get minimum the meaning where volunteerism in one the welfare recipients of my district to wage? place means mandatory in another tell them of a welfare bill that was I do not know where we are going in place. Now we see an attempt to passed that said that they had to move this country, because the very fun- change another set of definitions and from welfare to work, though they damental rights are being stripped another set of rules. Individuals who were discouraged, they thought, well, from the people, not only those whom work have the right to be protected by maybe, just maybe, jobs can come I serve, but all of us; and yet, we have Federal standards. Now we are being where we can get off of welfare. They some of our Republican colleagues who told, or it is being suggested, that indi- do not want to be there. Maybe, just do not share our beliefs of opportunity viduals who may be welfare recipients maybe, job training will come that will and fairness. and have the opportunity or get the allow us to go from job training to jobs Under the proposal that I have just chance to work under some Govern- and then have a job where the wages read, they plan to introduce workfare ment-sponsored program, that they will be as such where we can sustain participants with a plan that may deny will not be defined as workers, they ourselves and our families. the same minimum wage that is pro- will not actually be defined as having a So last year this body passed and the vided to other workers, may be re- job because they will not have the President signed this welfare reform quired to perform the same work as same protection. bill that commanded welfare recipients other employees, including hazardous Well, work, to me, seems to be work. to go to work. This bill did not tell work, at a lower rate of pay and with- And so there is something sinister hap- them how to find a job, how to work, out any OSHA protection, have no title pening in America. There is something where to work, who would train and 7 protection against sexual harassment that is difficult to define. It seems as hire them, or how to get to work. The or racial discrimination, and would not though we are bent on moving back- bill, nonetheless, ordered them to get be entitled to the provisions of the wards rather than moving forward; out and seek employment. In essence, Family Medical Leave Act. It is pre- that there are those who are attempt- the bill commanded them to swim or posterous. ing to take us back to the dark ages. sink. I am concerned about how this pro- And I think that if there was ever a If there was an upside to that legisla- posal will affect the State of California message being sent to low-income peo- tion, it was the fact that early in the and my district, the 37th Congressional ple, if ever a message was being sent to session, as I said, we voted to raise the District. One in twelve Californians re- individuals who have need for public minimum wage in this country from ceive welfare benefits, and 10 percent of resource, if there was ever a message $4.25 an hour to $5.15, giving the low- Los Angeles residents receive welfare being sent to the physically chal- wage earners in this country, many of benefits. The only way to make the lenged, to those who suffer with dis- whom are welfare recipients and transition from welfare to work is abilities in our society, then that mes- former welfare recipients and current through obtaining quality job skills sage is to organize, to come together, welfare recipients, a much needed lift. and minimum wage. to educate, agitate and activate, to When I cast my vote in favor of rais- The State grants under the Tem- stimulate real movement so that all of ing the minimum wage, which was sup- porary Assistance for Needy Family the forces that are being attacked will ported by over 80 percent of the Amer- Programs are set at the 1994 levels. have an opportunity to protect them- ican public, I was under the impression Caseloads have fallen to 4.1 million, selves. There is unity in strength and that I was doing so for all Americans, yet the States receive funding for 5 there is strength when groups are uni- including welfare recipients. We are million families. This difference cre- fied. not creating new laws, but rather ap- ates the opportunity to pay workfare June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3267 workers at the minimum wage they de- pass, that it would only pass over their really, how many jobs are there really serve and need. dead body. But the American people let for many of the people that we are I say to my colleagues, I am ready it be known, they thought it made talking about, people who in many in- for the fight. I cannot believe that any- sense. They thought it was the right stances do not have the skills, have not one in this body would now try to slip kind of morality for America. They been trained. not only the rug from under people but thought it was fair and just. Eighty As a matter of fact, I am reminded of the very basic principles of fairness and percent of the American people said an incident that took place the other opportunity. Providing minimum wage they wanted an increase in the mini- day where a fellow that I know went to workfare employees is not only the mum wage. We got an increase in the out looking for a job and he looked fair and right thing to do but the nec- minimum wage. every place that he could possibly look. essary step to end welfare dependency. Mr. Speaker, I think what has to Finally, he ended up at the zoo. He Mr. Speaker, I am with my colleague happen now is the American people, talked to the zoo keeper, and he said, on whatever he proposes. I am here for the workers out there, the people who ‘‘I really do not have anything.’’ Then the fight and the long haul to ensure belong to the caring majority and be- he remembered. He says, ‘‘You know, that fairness to my constituents and to lieve in doing the right thing, even my gorilla got sick. I have got a group all constituents throughout this coun- though they are all right by them- of kids coming in. They want to see a try who are trying their best to move selves, they do not want to turn their gorilla. I will give you $100 to be the from welfare to work get the respect, backs on other people who ought to gorilla.’’ So the fellow said, ‘‘Look, I the fairness, and the opportunity they have a fair opportunity to earn a living am from the west side of Chicago. For deserve. under right working conditions with a $100, I will be anything you want me to Mr. OWENS. I want to thank my col- minimum wage. be because I want to work, I want a league, the gentlewoman from Califor- All that is in motion now, and I job.’’ He put the suit on. The kids came nia [Ms. MILLENDER-MCDONALD], and think we should go forward to see to it in, and he kind of beat his chest a little say that she is ready to fight. And I that nothing is passed on the floor of bit and the kids clapped. Then he want her to know there are a number this House that begins to roll back the jumped up on a trampoline and did a of other people in this country who are clock, that takes away the right of flip. The kids clapped again. So he de- now quite alarmed by what is happen- workers who happen to have been or cided to do a double somersault. And ing and they, too, are ready to fight. are present welfare recipients. A work- he flipped over into the lions’ cage, fell There has been a recent set of mobili- er means that you are under American on his back laying prostrate. The lion zations proposed by the religious com- FSLA, Fair Standards Labor Act, starts to come toward him, and he munity. They think this is immoral, under all the added discrimination looks over at the zoo keeper and says, that we cannot talk about welfare re- laws, under the OSHA laws for safety. ‘‘Help.’’ form, meaning the people must go to That is what it means to be a worker The guy did not respond. The lion is work and we start defining jobs as in America. still coming. He says, ‘‘Help.’’ Still no something less than a job. Ms. MILLENDER-McDONALD. Mr. response. The lion decided that he When we operate in America, we op- Speaker, my colleague, the gentleman would then take advantage of the situ- erate under the Fair Labor Standards from New York [Mr. OWENS] is abso- ation, so he got ferocious, began to Act. A job must pay minimum wage, lutely right. growl and made a charge. The guy must provide benefits, must protect I am encouraged, though, as we have says, ‘‘Help.’’ The lion says, ‘‘Shhh, you from discrimination, it must give read this information and this proposal you are going to blow both our covers.’’ you safety. Everything under the Fair is now being put into print, that the re- And, so, my point is that the avail- Labor Standards Act must be there in ligious communities are coming forth ability of jobs is not nearly what we order for a job to be a job in America. now with us, educators, parents, col- are led to believe. I hear us talk about And the people are upset. A coalition lege students. They have now seen the 4.9 percent unemployment. It is not 4.9 of 18 of the Nation’s most prominent disingenuous nature by which this pro- percent unemployment in inner city civil rights, labor and welfare and civil posal is being brought forth. America. It is not 4.9 percent unem- advocacy groups have urged President I say to my colleagues that we will ployment in the neighborhood and Clinton to grant welfare recipients not stop the Congressional Black Cau- community where I live. And, so, we rights to a broad array of legal protec- cus, and I am sure the Democratic Cau- need economic policies that will also tions against discrimination and un- cus and all other fair-minded people create jobs for which people can actu- just treatment on the job. The Leader- will not stop until we defeat this pro- ally work and earn a decent wage, a ship Conference on Civil Rights and 17 posal. If we are going to insist that livable wage. And there is only one way other groups asked President Clinton people move from welfare to work, we to do it, and that is to keep the action in a May 15 letter to make the civil must do so in the fairest, the most sen- up, keep the heat on, keep pressing for- rights and economic security of low-in- sitive way that we can. ward, keep moving. I believe that the come individuals and families a higher I again thank my colleague so much American people will, in fact, respond. national priority as States implement for bringing this to the floor so early Mr. OWENS. Mr. Speaker, I want to the new welfare law. so that I can get my quest in and my point out that the problem of putting The Lutheran services in America position on this issue right up front. I people to work on welfare and the prob- have issued a proclamation that in will be meeting with people tomorrow, lem of providing decent jobs and wages none of the various organizations women’s groups, religious groups, and I for workers is not unrelated to the where they employ people or that they will not stop until we defeat such a overall scene here in this House. are affiliated with that employ people very contentious proposal as this. The budget drives everything. We may any organization pay welfare re- Mr. OWENS. I thank the gentle- have certain developments in the budg- cipients less than the minimum wage woman from California. We do not et which automatically take away job or provide less than fringe benefits know how late the hour is really. We opportunities. We have a great de- that are provided to other workers. may have on the floor this week or crease in the amount of public housing So we should sound the trumpet. I early next week an attempt to codify construction and repair. We have a think the Congressional Black Caucus the denial of the payment of minimum great decrease in terms of money avail- have made it quite clear that we intend wage and other worker benefits to wel- able for school repair and renovation. to appeal to our colleagues in the fare recipients. In fact, they took the whole Presi- Democratic Party here in the Congress, Mr. DAVIS of Illinois. I thank my dential initiative of $5 billion, which we intend to make appeals to the en- colleague very much, and that is why I would have gone into repair and ren- tire Congress, Members of both parties. think that the whole concept of eternal ovating and building new schools, pro- Remember that the minimum wage vigilance is so important. That is, we viding jobs for people in inner cities. was a very popular issue in the last have to be watchful all the time. We We had a big fight over the transpor- Congress, that there were people that also have to be real about the whole tation bill which in the inner city com- said they would never permit it to business of how many jobs are there munities would provide jobs for people H3268 CONGRESSIONAL RECORD — HOUSE June 3, 1997 who work for mass transit and for the Members here who do not wish to fos- supporting the President as he at- construction and repair of subways and ter an agenda that will help to move tempts to enforce the Fair Labor bus systems, et cetera, as well as pro- people from this welfare to work as so Standards Act in respect to welfare re- vide jobs for people who work on high- stated in their budget. cipients. ways. So the job creation part of the Also, the transportation provision of I think I said before that one of the budget is given away to tax cuts. the budget was underfunded. That then churches that has set an example is the We have large tax cuts to the same parlays into the lack of our getting Lutheran Church where they say that categories of people that the gen- roads and highways built whereby we they will not allow any of their units tleman from Vermont [Mr. SANDERS] can advance international trade that that employ people to engage welfare was talking about earlier. They are al- creates the jobs in our district, that workers for less than the minimum ready the richest people in America. really boosts the economy. wage. There is a statement they issued Our budget is dedicated to giving them Again, I say to the American people, on May 1, at the Workfare Media Con- more to take capital gains cuts and in- watch this House. Because this is not a ference of the Lutheran Services in heritance cuts. They will get more, House that seems to suggest that we America. I will quote just a few sec- while at the other extreme we are cut- are fundamentally trying to move peo- tions from that: ting down on the transportation budget ple from welfare to work in a fair and The Lutheran Services in America organi- that would have provided jobs, on the equitable way. I will suggest to those zations spend $2.8 billion serving 2 million school construction budget that would who are listening, call us, either the people and includes over 3,000 locations have provided jobs, and we are cutting Members you see on this floor or your across the United States. We employ workers programs like Medicare and Medicaid. own Member, and share your thoughts at all levels and seek to serve those who are on the proposal that is being presented, in need. So our common sense here has gone When Congress passed welfare reform legis- out of the window. It is up to the that persons whom we are asking to move from welfare to work should get lation which was signed into law on August American people, the voters out there, 22, 1996, we all knew that we would have to to bring back the leadership, bring the below minimum wage. You call us and move beyond the rhetoric of personal respon- leadership here back to their senses. answer to whether that is a fair way sibility to work opportunity and responsibil- That budget was negotiated at the and an American way and will be con- ity by the employer. If welfare reform is to White House. I guess we have got to ducive to opportunities for those who happen in this country, then work oppor- bring the President back to his senses are less fortunate. I think not. I will tunity that includes at the very least the minimum wage must happen. Rather than too and have him stand up to that kind fight until we find the justice in this House that is supposed to be the peo- pitting personal responsibility and struc- of negotiation, not agree to make those tural change against one another, we realize kinds of cuts in areas which create ple’s House. Mr. OWENS. I think it is important that both kinds of efforts are needed. jobs, which take care of people, and at As employers, our umbrella alliance of the same time you are bolstering the to point out that we are not alone, as service organizations has endorsed the fair pocketbooks and the bank accounts of the gentlewoman said before. The work campaign so that workers have both the people who need it the least. churches are mobilizing to take the sufficiency and sustainability in their lives. We got it all topsy-turvy, and that is facts to the American people and to try We know from our experience that work that is a job must include sufficiency which why this country is the country that to get people to understand the unfair- ness in this whole attempt to push peo- means adequate levels of income support so has the greatest gap between the rich that people can live dignified lives. It must and poor. Great Britain, with all its ple out there, make them work for less than the minimum wage, with no bene- also include sustainability. Workers cannot lords and aristocracy and very rich live in fear of taking other people’s jobs nor people and very poor people in the fits. The Washington Post and the New be treated differently than others by wages, slums of London and various great York Times and a number of other benefits or personnel policies. Without suffi- cities, Great Britain used to be the newspapers have come out in support ciency and sustainability, welfare legislation place where you had the greatest gap of the President’s position. I just want becomes nothing more than rhetoric. Lutheran Services in America organiza- between the very rich and the very to read a couple of paragraphs from the Washington Post editorial that ap- tions face the same issues that every non- poor. Now it is America, the home of profit and corporate employer in America the brave and the land of the free, the peared on Monday, May 19. ‘‘Wages of Welfare Reform’’, it is faces. We are working within a budget and place where everybody assumed they providing services for our clientele. We are called. had the opportunity to make it, and a well aware of what it means to be an em- lot of the creation of the world’s mod- The President was right to order that wel- ployer and because of this we believe that fare recipients put to work under the terms workfare recipients need positive learning ern economy was built on the backs of of last year’s welfare bill be paid the mini- consumers, ordinary people, who had and training experiences as well as new jobs mum wage. The objecting governors and and that workfare recipients perform impor- the money to go out and buy refrig- other critics are likewise right when they tant work that should be valued fairly. erators and buy cars and buy homes. say that his decision will throw the bill even We in Lutheran Services in America chal- All that is being slowly squeezed to further out of whack than it already was. lenge other employers to join us to be in- death by catering to the very people at What the President basically proved that in volved and become responsible in the oppor- the very top. It begins right here at the doing the right thing on the wage was how tunities we give to workers. It is reform for House of Representatives. great a mistake he had made in caving in to all of us and it requires all of us to become election year pressures, some of them of his a part of this if we ever intend to see the face b 2200 own making, and signing the bill to begin of poverty change. with. The problem with the welfare part of At the same time they are taking the this legislation as distinct from the gratu- I think that is a forthright statement money away from those who need help itous cuts that it also imposed in other pro- by the Lutheran Church and it is a the most from their government. grams for the poor is the mismatch that ex- challenge to all other religious organi- Ms. MILLENDER-MCDONALD. In- ists between its commands and the resources zations and nonprofit organizations deed as my colleague from Illinois just it provides to carry them out. The basic and to corporate America. If we want said, we hear all the time this 4.9 to 5 command is that welfare recipients work, to really move people from a situation percent unemployment. They are not but that’s not something that can be of dependency into the mainstream and talking about our constituents. The achieved by the snap of a finger or the wav- provide jobs, then let us define a job as unemployment rate in my district is ing of a wand or it would have happened long ago. A lot of welfare recipients aren’t capa- being a thing that pays the minimum close to 50 percent. Yet there are not ble of holding down jobs without an enor- wage and has all the other benefits any jobs. No jobs are rushing into my mous amount of support. Nor in many cases that go with being a worker in Amer- district. When this budget came to the are there jobs enough in the private sector to ica. floor and they had taken out the $5 bil- accommodate them even if they could hold Ms. MILLENDER-MCDONALD. I lion for school construction that would those jobs down. might add that the Lutheran Church have provided jobs and create the type That is just a section from an edi- seems to be a very new group that is of climate where children can learn, torial that appeared in the Washington coming aboard now. It is very healthy that was taken out. It just appears to Post. There was one also similar in that they do this. But I am sure that me that every day we see a group of Newsday in New York which called for they see this, as we do, as a really June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3269 moral issue, an issue that smacks in Mr. DAVIS of Illinois. When the gen- ing communication from the Honorable the face of unfairness. We cannot afford tleman mentioned New York, I could FRANK A. LOBIONDO, Member of Con- to allow this type of proposal to come not help but smile to myself and think gress: to American people who are trying of how fortunate the people of New HOUSE OF REPRESENTATIVES, their best to raise their families, to York are that they have the gentleman Washington, DC, June 3, 1997. provide shelter for their children, and as their advocate, that they have the Hon. NEWT GINGRICH, to provide an education for them. To gentleman working in their behalf. I Speaker of the House, move from a below-subsistence level to want to thank the gentleman for orga- House of Representatives, self-sufficiency, we must couch this as Washington, DC. nizing this evening and for giving us DEAR MR. SPEAKER: This is to formally no- the moral issue it really is. For those the opportunity to share it with the tify you pursuant to Rule L (50) of the Rules who are spiritual-minded Members, for gentleman. of the House that I have been served with a those who want to do the right thing, The last thing that I would want to subpoena issued by the Superior Court of well, then fight with us to defeat this say is the gentleman mentioned the New Jersey, Cape May County. very egregious proposal that does not whole business of slavery. I remember After consultation with the General Coun- speak to the fundamental rights of this sel, I will make the determinations required the words of the great abolitionist by Rule L. country. Frederick Douglass who suggested that Sincerely, Mr. OWENS. I am sure that both of if you would find the level of oppres- FRANK A. LOBIONDO, my colleagues know well that phrase sion that a people will accept, that is Member of Congress. that they have heard repeated often, exactly what they will get. I do not be- f that in slavery everybody on the plan- lieve that the people are going to ac- tation had a job, because a job was cept this level of oppression. I cer- LEAVE OF ABSENCE then defined as work that the master tainly thank the gentleman for the op- By unanimous consent, leave of ab- wanted you to do. You did not get paid portunity. sence was granted to: for it. For 232 years there was free Ms. MILLENDER-MCDONALD. May I Mr. FARR (at the request of Mr. GEP- labor. You did not get paid for it, but please add to those thanks, too. Be- HARDT), for today, on account of a fam- people had jobs. They were on the plan- cause I thank the gentleman for taking ily emergency. tation and they had jobs. In order to the leadership on such a very impor- Mrs. CLAYTON (at the request of Mr. satisfy those who again move out of tant issue as this, early on, before we GEPHARDT), for today and Wednesday, racist motivations, when you say peo- see this so-called proposal. But it is June 4, on account of family illness. ple should go to work and you create a Mr. PICKERING (at the request of Mr. suspect to me that this is a proposal situation through a bill you call wel- ARMEY), for today and the balance of that is coming when I was told at the fare reform that pushes people off wel- the week, on account of a death in the first of the year that we should not do fare and help from the government into family. anything about this welfare reform situations where there are no jobs, no Mr. BACHUS (at the request of Mr. bill, to allow it to percolate for 1 year effort is being made to create those ARMEY), for today, on account of at- jobs. No effort is being made to create to see whether it really works. And tending his son’s high school gradua- real jobs. So they want to push people now, before a half year is gone, here is tion. into situations where they will work a so-called proposal to revisit the mini- f for something that is not a job. They mum wage with the express consent to will work for less than minimum wage. try to do something to harm those who SPECIAL ORDERS GRANTED They will work under extraordinarily are trying to move from welfare to By unanimous consent, permission to harsh conditions to do something that work and to not give them a leg up. address the House, following the legis- other workers were being paid to do be- I thank the gentleman. I agree with lative program and any special orders fore. So we are not only not creating the gentleman from Illinois that New heretofore entered, was granted to: jobs for welfare recipients, we are dis- Yorkers are all the better because they (The following Members (at the re- placing workers who had jobs before. have the gentleman to tout for them, quest of Mr. MCHALE) to revise and ex- As I said at the beginning, this is to address their needs and to certainly tend their remarks and include extra- happening in no more evident way than bring very critical issues like this neous material:) it is happening in . We early on to the forefront. Again, I am Mr. DAVIS of Illinois, for 5 minutes, have a large workfare program. The ready for the fight. today. workfare program as it expands, we see Mr. OWENS. I thank my colleague Ms. NORTON, for 5 minutes, today. the city employees, the municipal pay- from California and my colleague from Ms. JACKSON-LEE of Texas, for 5 min- roll, decreasing at the same rate as the Illinois for joining me. utes, today. workfare program is increasing, a defi- Mr. Speaker, in closing, let me just Mr. POMEROY, for 5 minutes, today. nite correlation. You take away the say there is an effort to divide and con- (The following Members (at the re- jobs from the people who were being quer welfare recipients who are put quest of Mr. HILL) to revise and extend paid to do them before, with fringe ben- over here and workers who are put over their remarks and include extraneous efits, with a retirement plan, all the there. The workers of America must material:) Mr. HULSHOF, for 5 minutes each day, things that go into a real job, you take understand this is a threat to all of us. on June 4 and 5. that away and you put people to work If you did not understand it before, I who have nothing except to work off Mr. PAPPAS, for 5 minutes, on June 4. hope you understand it now, that what- Mr. SHIMKUS, for 5 minutes, on June the cash value of their welfare grant, ever happens to one group of workers, you get a lot of work done for very lit- 4. welfare workers, is going to have an Mr. PITTS, for 5 minutes, on June 4. tle. If you can institutionalize that and impact on the quality of life and stand- Mr. JONES, for 5 minutes each day, on get it going full steam, you are back ard of living of all workers. We must June 4 and 5. into a condition which is close to slav- fight to protect all workers by stopping Mr. KINGSTON, for 5 minutes, today. ery because you are forcing people to this effort to make welfare recipients Mrs. NORTHUP, for 5 minutes, on June work in a situation where it has no rel- work in conditions that are not condi- 4. evance to really what they need, you tions acceptable to other American Mr. SMITH of Michigan, for 5 minutes, are not paying them, they are involun- workers. today. tary servitude. It is that bad. We are f f not exaggerating when we say that that is where you are going. If you rule b 2215 EXTENSION OF REMARKS out paying people what we call mini- By unanimous consent, permission to mum wage and providing the benefits COMMUNICATION FROM THE HON- revise and extend remarks was granted that we call a job, then you are creat- ORABLE FRANK A. LOBIONDO, to: ing something that is not a job. You MEMBER OF CONGRESS (The following Members (at the re- are creating servitude and forcing peo- The SPEAKER pro tempore (Mr. GIB- quest of Mr. MCHALE) and to include ple into that pattern of servitude. BONS) laid before the House the follow- extraneous matter:) H3270 CONGRESSIONAL RECORD — HOUSE June 3, 1997

Mr. CONYERS. The motion was agreed to; accord- 3558. A letter from the Director, Regula- Mr. HAMILTON. ingly (at 10 o’clock and 16 minutes tions Policy Management Staff, Office of Mr. SKELTON. p.m.), under its previous order, the Policy, Food and Drug Administration, Mr. HASTINGS of Florida. House adjourned until tomorrow, June transmitting the Administration’s final rule—Food Labeling; Timeframe for Final Mr. PASCRELL. 4, 1997, at 12 noon. Mr. DEUTSCH. Rules Authorizing Use of Health Claims f [Docket No. 97N–0075] received May 30, 1997, Mr. BONIOR. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. KILDEE. EXECUTIVE COMMUNICATIONS, mittee on Commerce. Mr. SERRANO. ETC. 3559. A letter from the Director, Office of Mr. LANTOS. Under clause 2 of rule XXIV, execu- Personnel Management, transmitting the Of- Mr. MCGOVERN. tive communications were taken from fice’s final rule—Prevailing Rate Systems; Mr. STARK. the Speaker’s table and referred as fol- Abolishment of Lubbock, TX, Nonappro- Mrs. MEEK of Florida. priated Fund Wage Area [5 CFR Part 532] Mr. LIPINSKI. lows: (RIN: 3206–AH88) received June 2, 1997, pursu- Mr. SANDERS. 3550. A letter from the Congressional Re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. KUCINICH. view Coordinator, Animal and Plant Health on Government Reform and Oversight. Mr. TORRES. Inspection Service, transmitting the Serv- 3560. A letter from the Director, Office of Mr. MANTON. ice’s final rule—Gypsy Moth Generally In- Sustainable Fisheries, National Oceanic and fested Areas [Docket No. 97–038–1] received Mr. SHERMAN. Atmospheric Administration, transmitting May 30, 1997, pursuant to 5 U.S.C. Ms. RIVERS. the Administration’s final rule—Fisheries off 801(a)(1)(A); to the Committee on Agri- Mr. FARR of California. West Coast States and in the Western Pa- culture. cific; Pacific Coast Groundfish Fishery; Mr. FOGLIETTA. 3551. A letter from the Acting Adminis- (The following Members (at the re- Whiting Allocation Among Nontribal Sectors trator, Farm Service Agency, transmitting [Docket No. 970403076–7114–02; I.D. 030397B] quest of Mr. HILL) and to include extra- the Agency’s final rule—1997 Marketing (RIN: 0648–AI80) received June 2, 1997, pursu- neous matter:) Quota and Price Support for Burley Tobacco ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. SAXTON. [Workplan Number 96–055] received May 30, on Resources. Mr. DELAY. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3561. A letter from the Assistant General Mr. PORTMAN. Committee on Agriculture. Counsel, United States Information Agency, Mr. EVERETT. 3552. A communication from the President transmitting the Agency’s final rule—Ex- Mr. BONO. of the United States, transmitting a fiscal change Visitor Program [22 CFR Part 514] re- year 1998 budget amendment to cover a Mr. EHRLICH. ceived May 27, 1997, pursuant to 5 U.S.C. shortfall in the Department of Defense Mr. GOODLING. 801(a)(1)(A); to the Committee on the Judici- Health Program, pursuant to 31 U.S.C. Mrs. MORELLA. ary. 1106(b); (H. Doc. No. 105—90); to the Commit- 3562. A letter from the General Counsel, Mr. GEKAS. tee on Appropriations and ordered to be Department of Tansportation, transmitting Mr. SOLOMON. printed. the Department’s final rule—Revision of Mr. CUNNINGHAM. 3553. A letter from the Director, Office of Class E Airspace; Athens, TX (Federal Avia- Mr. SHUSTER. Regulatory Management and Information, tion Administration) [Airspace Docket No. Mr. DREIER. Environmental Protection Agency, transmit- 97–ASW–07] received May 29, 1997, pursuant (The following Members (at the re- ting the Agency’s final rule—Approval and to 5 U.S.C. 801(a)(1)(A); to the Committee on quest of Mr. DAVIS of Illinois) to revise Promulgation of Air Quality Implementa- Transportation and Infrastructure. and extend their remarks and include tion Plans, Tennessee; Approval of Revisions 3563. A letter from the General Counsel, extraneous material:) to Permit Requirements, Definitions, Ex- Department of Transportation, transmitting emptions, and Internal Combustion Engines Mr. BUNNING. the Department’s final rule—Airworthiness Regulations [TN–160–9624a; FRL–5831–7] re- Mr. PAUL. Directives; The New Piper Aircraft, Inc. ceived May 28, 1997, pursuant to 5 U.S.C. Models PA31, PA31–300, PA31–325, PA31–350, Mr. GEPHARDT. 801(a)(1)(A); to the Committee on Commerce. and PA31P Airplanes (Federal Aviation Ad- Mr. BROWN of California. 3554. A letter from the Director, Office of ministration) [Docket No. 96–CE–29–AD; Mr. WAXMAN. Regulatory Management and Information, Amendment 39–9976; AD 97–07–03] (RIN: 2120– Mr. SHADEGG. Environmental Protection Agency, transmit- AA64) received May 29, 1997, pursuant to 5 Ms. LOFGREN. ting the Agency’s final rule—Approval and U.S.C. 801(a)(1)(A); to the Committee on Mr. FELINGHUYSEN. Promulgation of Air Quality Plans, Texas; Transportation and Infrastructure. Ms. WOOLSEY. Alternate Reasonably Available Control 3564. A letter from the General Counsel, f Technology Demonstration for Bell Heli- Department of Transportation, transmitting copter Textron, Incorporated; Bell Plant 1 the Department’s final rule—Airworthiness ENROLLED BILL SIGNED Facility [TX–73–1–7316a, FRL–5830–7] received Directives; Airbus Model A310 and A300–600 Mr. THOMAS, from the Committee May 28, 1997, pursuant to 5 U.S.C. Series Airplanes (Federal Aviation Adminis- 801(a)(1)(A); to the Committee on Commerce. tration) [Docket No. 94–NM–196–AD; Amend- on House Oversight, reported that that 3555. A letter from the Director, Office of committee had examined and found ment 39–9991; AD 97–08–03] (RIN: 2120–AA64) Regulatory Management and Information, received May 29, 1997, pursuant to 5 U.S.C. truly enrolled a bill of the House of the Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Transpor- following title, which was thereupon ting the Agency’s final rule—Regulations of tation and Infrastructure. signed by the Speaker: Fuels and Fuel Additives: Extension of the 3565. A letter from the General Counsel, H.R. 5. An act to amend the Individuals Reformulated Gasoline Program to the Phoe- Department of Transportation, transmitting with Disabilities Education Act, to reauthor- nix, Arizona Moderate Ozone Nonattainment the Department’s final rule—Airworthiness ize and make improvements to that Act, and Area [FRL–5834–4] received May 29, 1997, pur- Directives; Boeing Model 747–100, -200, and for other purposes. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- -300 Series Airplanes (Federal Aviation Ad- tee on Commerce. f ministration) [Docket No. 96–NM–239–AD; 3556. A letter from the Director, Office of Amendment 39–9993; AD 97–08–05] (RIN: 2120– BILL PRESENTED TO THE Regulatory Management and Information, AA64) received May 29, 1997, pursuant to 5 PRESIDENT Environmental Protection Agency, transmit- U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—Approval and Transportation and Infrastructure. Mr. THOMAS, from the Committee Promulgation of Implementation Plans; In- 3566. A letter from the General Counsel, on House Oversight, reported that that diana [IN67–1a; FRL–5827–5] received May 29, Department of Transportation, transmitting committee did on this day present to 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule—Airworthiness the President, for his approval, a bill of Committee on Commerce. Directives; Rolls-Royce plc RB.211 Trent 800 the House of the following title: 3557. A letter from the Director, Office of Series Turbofan Engines (Federal Aviation Regulatory Management and Information, Administration) [Docket No. 97–ANE–09; H.R. 5. an act to amend the Individuals Environmental Protection Agency, transmit- Amendment 39–9970; AD 97–06–13] (RIN: 2120– with Disabilities Education Act, to reauthor- ting the Agency’s final rule—Approval and AA64) received May 29, 1997, pursuant to 5 ize and make improvements to that Act, and Promulgation of Air Quality Implementa- U.S.C. 801(a)(1)(A); to the Committee on for other purposes. tion Plans; Pennsylvania; Approval of VOC Transportation and Infrastructure. f and NOx RACT Determinations for Individ- 3567. A letter from the General Counsel, ADJOURNMENT ual Sources [SIPTRAX No. PA–4058a; FRL– Department of Transportation, transmitting 5832–3] received May 29, 1997, pursuant to 5 the Department’s final rule—Airworthiness Mr. DAVIS of Illinois. Mr. Speaker, I U.S.C. 801(a)(1)(A); to the Committee on Directives; Dornier Model 328–100 Series Air- move that the House do now adjourn. Commerce. planes (Federal Aviation Administration) June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3271 [Docket No. 96–NM–116–AD; Amendment 39– 10029; AD 97–10–16] (RIN: 2120–AA64) received the Department’s final rule—Amendment of 9949; AD 97–05–05] (RIN: 2120–AA64) received May 29, 1997, pursuant to 5 U.S.C. Class E Airspace; Montrose, Colorado (Fed- May 29, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- eral Aviation Administration) [Airspace 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. Docket No. 96–ANM–027] (RIN: 2120–AA66) re- tation and Infrastructure. 3576. A letter from the General Counsel, ceived May 29, 1997, pursuant to 5 U.S.C. 3568. A letter from the General Counsel, Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting the Department’s final rule—Airworthiness tation and Infrastructure. the Department’s final rule—Airworthiness Directives; Airbus Model A320 Series Air- 3586. A letter from the General Counsel, Directives; Boeing Model 737 Series Air- planes (Federal Aviation Administration) Department of Transportation, transmitting planes (Federal Aviation Administration) [Docket No. 96–NM–106–AD; Amendment 39– the Department’s final rule—Amendment to [Docket No. 97–NM–26–AD; Amendment 39– 10030; AD 97–11–01] (RIN: 2120–AA64) received Class E Airspace, Wahoo, NE (Federal Avia- 9954; AD 97–05–10] (RIN: 2120–AA64) received May 29, 1997, pursuant to 5 U.S.C. tion Administration) [Docket No. 97–ACE–4] May 29, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- (RIN: 2120–AA66) received May 29, 1997, pur- 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- tation and Infrastructure. 3577. A letter from the General Counsel, tee on Transportation and Infrastructure. 3569. A letter from the General Counsel, Department of Transportation, transmitting 3587. A letter from the General Counsel, Department of Transportation, transmitting the Department’s final rule—Airworthiness Department of Transportation, transmitting the Department’s final rule—Airworthiness Directives; Sikorsky Aircraft-Manufactured the Department’s final rule—Establishment Directives; Airbus Model A320 Series Air- Model S–64F Helicopters (Federal Aviation of Class E Airspace; Frostburg, PA (Federal planes (Federal Aviation Administration) Administration) [Docket No. 95–SW–34–AD; Aviation Administration) [Airspace Docket [Docket No. 96–NM–11–AD; Amendment 39– Amendment 39–10028; AD 97–10–15] (RIN: 2120– No. 97–AEA–007] (RIN: 2120–AA66) received 9948; AD 97–05–04] (RIN: 2120–AA64) received AA64) received May 29, 1997, pursuant to 5 May 29, 1997, pursuant to 5 U.S.C. May 29, 1997, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. tation and Infrastructure. tation and Infrastructure. 3578. A letter from the General Counsel, 3588. A letter from the General Counsel, 3570. A letter from the General Counsel, Department of Transportation, transmitting Department of Transportation, transmitting Department of Transportation, transmitting the Department’s final rule—Amendment to the Department’s final rule—Amendment to the Department’s final rule—Airworthiness Class E Airspace; Plattsburgh, NY (Federal Class E Airspace; Marion, VA (Federal Avia- Directives; Auxiliary Power International Aviation Administration) [Airspace Docket tion Administration) [Airspace Docket No. Corporation Model APS3200 Auxiliary Power No. 95–AEA–13] (RIN: 2120–AA66 (1997–0190)) 97–AEA–18] (RIN: 2120–AA66) received May 29, Units (Federal Aviation Administration) received May 29, 1997, pursuant to 5 U.S.C. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the [Docket No. 96–ANE–42; Amendment 39–9912; 801(a)(1)(A); to the Committee on Transpor- Committee on Transportation and Infra- structure. AD 97–03–06] (RIN: 2120–A64) received May 29, tation and Infrastructure. 3589. A letter from the General Counsel, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3579. A letter from the General Counsel, Department of Transportation, transmitting Committee on Transportation and Infra- Department of Transportation, transmitting the Department’s final rule—Establishment structure. the Department’s final rule—Revision of of Class E Airspace; Jeannette, PA (Federal 3571. A letter from the General Counsel, Class E Airspace; Ponca City, OK (Federal Aviation Administration) [Airspace Docket Department of Transportation, transmitting Aviation Administration) [Airspace Docket No. 97–AEA–010] (RIN: 2120–AA66) received the Department’s final rule—Airworthiness No. 97–ASW–06] received May 29, 1997, pursu- May 29, 1997, pursuant to 5 U.S.C. Directives; Pacific Scientific Company, HTL/ ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Transpor- Kin-Tech Division, Fire Extinguisher Bottle on Transportation and Infrastructure. tation and Infrastructure. Cartridges (Federal Aviation Administra- 3580. A letter from the General Counsel, 3590. A letter from the General Counsel, tion) [Docket 97–NM–27–AD; Amendment 39– Department of Transportation, transmitting Department of Transportation, transmitting 9940; AD 97–04–15] (RIN: 2120–AA64) received the Department’s final rule—Establishment the Department’s final rule—Establishment May 29, 1997, pursuant to 5 U.S.C. of Class E Airspace; South New Castle, PA of Class E Airspace; Uniontown, PA (Federal 801(a)(1)(A); to the Committee on Transpor- (Federal Aviation Administration) [Airspace Aviation Administration) [Airspace Docket tation and Infrastructure. Docket No. 97–AEA–001] (RIN: 2120–AA66) re- No. 97–AEA–005] (RIN: 2120–AA66) received 3572. A letter from the General Counsel, ceived May 29, 1997, pursuant to 5 U.S.C. May 29, 1997, pursuant to 5 U.S.C. Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Airworthiness tation and Infrastructure. tation and Infrastructure. Directives; Schempp-Hirth K.G. Models 3581. A letter from the General Counsel, 3591. A letter from the General Counsel, Standard-Cirrus, Nimbus-2, Nimbus-2B, Mini- Department of Transportation, transmitting Department of Transportation, transmitting Nimbus HS–7, Mini-Nimbus B, Discus a, and the Department’s final rule—Revocation of the Department’s final rule—Establishment Discus b Sailplanes (Federal Aviation Ad- Class D Airspace and Class E4 Airspace; of Class E Airspace; Thiel, PA (Federal Avia- ministration) [Docket No. 96–CE–19–AD; Plattsburgh, NY (Federal Aviation Adminis- tion Administration) [Airspace Docket No. Amendment 39–9990; AD 97–08–02] (RIN: 2120– tration) [Airspace Docket No. 95–AEA–09] 97–AEA–006] (RIN: 2120–AA66) received May AA64) received May 29, 1997, pursuant to 5 (RIN: 2120–AA66) received May 29, 1997, pur- 29, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to U.S.C. 801(a)(1)(A); to the Committee on suant to 5 U.S.C. 801(a)(1)(A); to the Commit- the Committee on Transportation and Infra- Transportation and Infrastructure. tee on Transportation and Infrastructure. structure. 3573. A letter from the General Counsel, 3582. A letter from the General Counsel, 3592. A letter from the General Counsel, Department of Transportation, transmitting Department of Transportation, transmitting Department of Transportation, transmitting the Department’s final rule—Airworthiness the Department’s final rule—Airport Name the Department’s final rule—Amendment to Directives; Louis L’Hotellier, S.A., Ball and Change; JOHNSON County Industrial Airport, Class E Airspace; Olean, NY (Federal Avia- Swivel Joint Quick Connectors (Federal Olathe, KS (Federal Aviation Administra- tion Administration) [Airspace Docket No. Aviation Administration) [Docket #92–CE– tion) [Airspace Docket No. 97–ACE–3] (RIN: 97–AEA–16] (RIN: 2120–AA66) received May 29, 41–AD; Amendment 39–9994; AD 97–08–06] 2120–AA66) received May 29, 1997, pursuant to 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the (RIN:2120–AA64) received May 29, 1997, pursu- 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Transportation and Infra- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Transportation and Infrastructure. structure. on Transportation and Infrastructure. 3583. A letter from the General Counsel, 3593. A letter from the General Counsel, 3574. A letter from the General Counsel, Department of Transportation, transmitting Department of Transportation, transmitting Department of Transportation, transmitting the Department’s final rule—Revision of the Department’s final rule—Establishment the Department’s final rule—Airworthiness Class D and E Airspace; Sacramento, CA of Class E Airspace; East Butler, PA (Federal Directives; Airbus Model A300 Series Air- (Federal Aviation Administration) [Docket Aviation Administration) [Airspace Docket planes (Federal Aviation Administration) No. 97–AWP–13] (RIN: 2120–AA66) received No. 97–AEA–002] (RIN: 2120–AA66) received [Docket 96–NM–43–AD; Amendment 39–10032; May 29, 1997, pursuant to 5 U.S.C. May 29, 1997, pursuant to 5 U.S.C. AD 97–11–03] (RIN: 2120–AA64) received May 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- 29, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to tation and Infrastructure. tation and Infrastructure. the Committee on Transportation and Infra- 3584. A letter from the General Counsel, 3594. A letter from the General Counsel, structure. Department of Transportation, transmitting Department of Transportation, transmitting 3575. A letter from the General Counsel, the Department’s final rule—Modification of the Department’s final rule—Revocation of Department of Transportation, transmitting Class E Airspace Areas (Federal Aviation Ad- Class D Airspace and Class E5 Airspace; the Department’s final rule—Airworthiness ministration) [Airspace Docket No. 97–AGL– Calverton, NY (Federal Aviation Adminis- Directives; Hiller Aircraft Corporation 11] (RIN: 2120–AA66) received May 29, 1997, tration) [Airspace Docket No. 95–AEA–11] Model UH–12, UH–12A, UH–12B, UH–12C, UH– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (RIN: 2120–AA66) received May 29, 1997, pur- 12D, UH–12E, CH–112, H–23A, H–23B, H–23C, H– mittee on Transportation and Infrastruc- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 23D, H–23F, HTE–1, HTE–2, and OH–23G Heli- ture. tee on Transportation and Infrastructure. copters (Federal Aviation Administration) 3585. A letter from the General Counsel, 3595. A letter from the General Counsel, [Docket No. 96–SW–06–AD; Amendment 39– Department of Transportation, transmitting Department of Transportation, transmitting H3272 CONGRESSIONAL RECORD — HOUSE June 3, 1997 the Department’s final rule—Revision of Directives; Aerospace Technologies of Aus- 113. Also, a memorial of the Legislature of Class E Airspace; Altus, OK (Federal Avia- tralia Pty Ltd. (formerly Government Air- the State of Texas, relative to House Concur- tion Administration) [Airspace Docket No. craft Factory) Models N22B, N22S, and N24A rent Resolution 94 commending the United 97–ASW–09] received May 29, 1997, pursuant Airplanes (Federal Aviation Administration) States Congress for recognizing the threat to to 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No. 95–CE–98–AD; Amendment 39– public health and security from the misuse Transportation and Infrastructure. 10041; AD 97–11–12] (RIN: 2120–AA64) received of explosives; to the Committee on the Judi- 3596. A letter from the General Counsel, June 2, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); ciary. Department of Transportation, transmitting to the Committee on Transportation and In- 114. Also, a memorial of the General As- the Department’s final rule—Revision of frastructure. sembly of the State of Delaware, relative to Class E Airspace; Carlisle, AR (Federal Avia- 3605. A letter from the General Counsel, House Concurrent Resolution No. 6 memori- tion Administration) [Airspace Docket No. Department of Transportation, transmitting alizing the U.S. Congress to propose and sub- 97–ASW–03] received May 29, 1997, pursuant the Department’s final rule—Airworthiness mit to the several states an amendment to to 5 U.S.C. 801(a)(1)(A); to the Committee on Directives; Fairchild Aircraft SA226 and the Constitution of the United States provid- Transportation and Infrastructure. SA227 Series Airplanes (Federal Aviation Ad- ing that no court shall have the power to 3597. A letter from the General Counsel, ministration) [Docket No. 95–CE–34–AD; levy or increase taxes; to the Committee on Department of Transportation, transmitting Amendment 39–10042; AD 97–11–13] (RIN: 2120– the Judiciary. the Department’s final rule—Revocation of AA64) received June 2, 1997, pursuant to 5 115. Also, a memorial of the Legislature of Class E Airspace; Alice, TX (Federal Avia- U.S.C. 801(a)(1)(A); to the Committee on the State of Texas, relative to House Concur- tion Administration) [Airspace Docket No. Transportation and Infrastructure. rent Resolution 109 urging the Congress of 97–ASW–05] received May 29, 1997, pursuant 3606. A letter from the General Counsel, the United States to request that the Fed- to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting eral Emergency Management Agency update Transportation and Infrastructure. the Department’s final rule—Standard In- community flood maps every 10 years; to the 3598. A letter from the General Counsel, strument Approach Procedures; Miscellane- Committee on Transportation and Infra- Department of Transportation, transmitting ous Amendments (Federal Aviation Adminis- structure. the Department’s final rule—Airworthiness tration) [Docket No. 28914; Amdt. No. 1799] f Directives; Pratt & Whitney PW4164 and (RIN: 2120–AA65) received June 2, 1997, pursu- PW4168 Series Turbofan Engines (Federal ant to 5 U.S.C. 801(a)(1)(A); to the Committee REPORTS OF COMMITTEES ON Aviation Administration) [Docket No. 97– on Transportation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS ANE–10; Amendment 39–10035; AD 97–11–06] 3607. A letter from the General Counsel, (RIN: 2120–AA64) received June 2, 1997, pursu- Department of Transportation, transmitting Under clause 2 of rule XIII, reports of ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Department’s final rule—Standard In- committees were delivered to the Clerk on Transportation and Infrastructure. strument Approach Procedures; Miscellane- for printing and reference to the proper 3599. A letter from the General Counsel, ous Amendments (Federal Aviation Adminis- calendar, as follows: Department of Transportation, transmitting tration) [Docket No. 28915; Amdt. No. 1800] Mr. STUMP: Committee on Veterans’ Af- the Department’s final rule—Airworthiness (RIN: 2120–AA65) received June 2, 1997, pursu- Directives; McDonnell Douglas Model DC–9– fairs. House Joint Resolution 75. Resolution ant to 5 U.S.C. 801(a)(1)(A); to the Committee to confer status as an honorary veteran of 80 Series Airplanes and Model MD–88 Air- on Transportation and Infrastructure. planes (Federal Aviation Administration) the U.S. Armed Forces on Leslie Townes 3608. A letter from the Chief, Regulations (Bob) Hope (Rept. 105–109). Referred to the [Docket No. 97–NM–61–AD; Amendment 39– Unit, Internal Revenue Service, transmitting 9995; AD 97–08–07] (RIN: 2120–AA64) received House Calendar, and ordered to be printed. the Service’s final rule—Last-in, First-out Mr. YOUNG of Alaska: Committee on Re- June 2, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); Inventories [Rev. Rul. 97–26] received June 2, to the Committee on Transportation and In- sources. H.R. 79. A bill to provide for the con- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the veyance of certain land in the Six Rivers Na- frastructure. Committee on Ways and Means. 3600. A letter from the General Counsel, tional Forest in the State of California for Department of Transportation, transmitting f the benefit of the Hoopa Valley Tribe; with the Department’s final rule—Airworthiness an amendment (Rept. 105–110). Referred to Directives; Bombardier Model CL–215T Se- MEMORIALS the Committee of the Whole House on the ries Airplanes (Federal Aviation Administra- Under clause 4 of rule XXII, memori- State of the Union. tion) [Docket No. 97–NM–33–AD; Amendment Mr. YOUNG of Alaska: Committee on Re- als were presented and referred as fol- sources. H.R. 985. A bill to provide for the ex- 39–10038; AD 97–11–09] (RIN: 2120–AA64) re- lows: ceived June 2, 1997, pursuant to 5 U.S.C. pansion of the Eagles Nest Wilderness within 801(a)(1)(A); to the Committee on Transpor- 109. The SPEAKER presented a memorial Arapaho and White River National Forests, tation and Infrastructure. of the General Assembly of the State of Colo- CO, to include the lands known as the Slate 3601. A letter from the General Counsel, rado, relative to House Joint Resolution 97– Creek Addition upon the acquisition of the Department of Transportation, transmitting 1038 supporting full funding of the federal lands by the United States; with an amend- the Department’s final rule—Airworthiness PILT program as authorized by the passage ment (Rept. 105–111). Referred to the Com- Directives; Jetstream Model 4101 Airplanes of S.455 in 1994; to the Committee on Re- mittee of the Whole House on the State of (Federal Aviation Administration) [Docket sources. the Union. No. 96–NM–85–AD; Amendment 39–10031; AD 110. Also, a memorial of the General As- Mr. YOUNG of Alaska: Committee on Re- 97–11–02] (RIN: 2120–AA64) received June 2, sembly of the State of Colorado, relative to sources. H.R. 1019. A bill to provide for a 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the House Joint Resolution 97–1006 showing that boundary adjustment and land conveyance Committee on Transportation and Infra- the State of Colorado supports policies that involving the Raggeds Wilderness, White structure. balance the social, economic, and environ- River National Forest, CO, to correct the ef- 3602. A letter from the General Counsel, mental needs of people and communities fects of earlier erroneous land surveys (Rept. Department of Transportation, transmitting with the needs of environmental preserva- 105–112). Referred to the Committee of the the Department’s final rule—Airworthiness tion in federal decision-making processes; to Whole House on the State of the Union. Directives; AlliedSignal Inc. ALF502 and the Committee on Resources. Mr. YOUNG of Alaska: Committee on Re- LF507 Series Turbofan Engines (Federal 111. Also, a memorial of the General As- sources. H.R. 1020. A bill to adjust the bound- Aviation Administration) [Docket No. 96– sembly of the State of Colorado, relative to ary of the White River National Forest in ANE–26; Amendment 39–10034; AD 97–11–05] House Joint Resolution 97–1032 showing that the State of Colorado to include all National (RIN: 2120–AA64) received June 2, 1997, pursu- the State of Colorado supports the legisla- Forest System lands within Summit County, ant to 5 U.S.C. 801(a)(1)(A); to the Committee tion, which reaffirms the Constitutional Au- CO, which are currently part of the Dillon on Transportation and Infrastructure. thority of Congress as the elected represent- Ranger District of the Arapaho National 3603. A letter from the General Counsel, atives of the people, and urges the ‘‘Amer- Forest (Rept. 105–113). Referred to the Com- Department of Transportation, transmitting ican Land Sovereignty Protection Act’’ be mittee of the Whole House on the State of the Department’s final rule—Airworthiness introduced and passed by both the House of the Union. Directives; Aerospace Technologies of Aus- Representatives and the Senate as soon as Mr. YOUNG of Alaska: Committee on Re- tralia Pty Ltd. (formerly Government Air- possible during the 105th Congressional ses- sources. H.R. 1439. A bill to facilitate the craft Factory) Models N22B, N22S, and N24A sion; to the Committee on Resources. sale of certain land in Tahoe National For- Airplanes (Federal Aviation Administration) 112. Also, a memorial of the Legislature of est, in the State of California to Placer [Docket No. 96–CE–57–AD; Amendment 39– the State of Texas, relative to Senate Con- County, CA; with an amendment (Rept. 105– 10040; AD 97–11–11] (RIN: 2120–AA64) received current Resolution 32 requesting the Presi- 114). Referred to the Committee of the Whole June 2, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); dent and the Congress of the United States House on the State of the Union. to the Committee on Transportation and In- to meet and to confer with the Red River Mr. DIAZ-BALART: Committee on Rules. frastructure. Boundary Commission and the representa- House Resolution 159. Resolution providing 3604. A letter from the General Counsel, tives of the State of Oklahoma and to assist for consideration of the bill (H.R. 1757) to Department of Transportation, transmitting in carrying out the purposes of this resolu- consolidate international affairs agencies, to the Department’s final rule—Airworthiness tion; to the Committee on the Judiciary. authorize appropriations for the Department June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3273 of State and related agencies for fiscal years mentation of systems for rating the specific By Mr. MORAN of Virginia: 1998 and 1999 and for other purposes, and for content of specific television programs; to H.R. 1766. A bill to amend title 10, United consideration of the bill (H.R. 1758) to ensure the Committee on Commerce. States Code, to establish a demonstration that the enlargement of the North Atlantic By Mr. DAVIS of Florida: project to evaluate the feasibility of using Treaty Organization [NATO] proceeds in a H.R. 1761. A bill to provide for improved co- the Federal employees health benefits pro- manner consistent with the United States ordination, communication, and enforce- gram to ensure the availability of adequate interests, to strengthen relations between ment related to health care fraud, waste, and health care for Medicare-eligible bene- the United States and Russia, to preserve abuse, to create a point of order against leg- ficiaries under the military health care sys- the prerogatives of the Congress with respect islation which diverts savings achieved tem; to the Committee on Government Re- to certain arms control agreements, and for through Medicare waste, fraud, and abuse en- form and Oversight, and in addition to the other purposes (Rept. 105–115). Referred to forcement activities for purposes other than Committee on National Security, for a pe- the House Calendar. improving the solvency of the Federal Hos- riod to be subsequently determined by the f pital Insurance Trust Fund under title XVIII Speaker, in each case for consideration of such provisions as fall within the PUBLIC BILLS AND RESOLUTIONS of the Social Security Act, to ensure the in- tegrity of such trust fund, and for other pur- jurisidication of the committee concerned. Under clause 5 of rule X and clause 4 poses; to the Committee on Ways and Means, By Mr. PETERSON of Minnesota: H.R. 1767. A bill to consolidate in the Ad- of rule XXII, public bills and resolu- and in addition to the Committees on Com- ministrator of General Services authorities merce, and the Judiciary, for a period to be tions were introduced and severally re- relating to the control and utilization of ex- subsequently determined by the Speaker, in ferred as follows: cess and surplus property, and for other pur- each case for consideration of such provi- By Mr. METCALF (for himself and Mr. poses; to the Committee on Government Re- sions as fall within the jurisdiction of the STUMP): form and Oversight, and in addition to the committee concerned. H.R. 1754. A bill to require that a portion of Committee on National Security, Small By Mr. ENSIGN: the amounts made available for housing pro- Business, Science, and International Rela- grams for the homeless be used for activities H.R. 1762. A bill to amend title XVIII of the tions, for a period to be subsequently deter- designed to serve primarily homeless veter- Social Security Act to provide for coverage mined by the Speaker, in each case for con- ans, and for other purposes; to the Commit- of outpatient parenteral antimicrobial ther- sideration of such provisions as fall within tee on Banking and Financial Services. apy under part B of the Medicare Program; the jurisdiction of the committee concerned. By Mr. OBEY: to the Committee on Commerce, and in addi- By Mrs. LINDA SMITH of Washington tion to the Committee on Ways and Means, H.R. 1755. A bill making emergency supple- (for herself, Mr. KLUG, Mr. SHAYS, for a period to be subsequently determined mental appropriations for recovery from nat- Mr. COBLE, Mr. ENSIGN, Mr. SANFORD, by the Speaker, in each case for consider- ural disasters, and for overseas peacekeeping MR. FRANK of Massachusetts, and Mr. ation of such provisions as fall within the ju- efforts, including Bosnia, for the fiscal year BACHUS): ending September 30, 1997, and for other pur- risdiction of the committee concerned. H.R. 1768. A bill to terminate certain enti- poses; to the Committee on Appropriations, By Mr. GILCHREST (for himself, Mr. tlements of former Speakers of the House of and in addition to the Committee on the FARR of California, Mrs. MORELLA, Representatives; to the Committee on House Budget, for a period to be subsequently de- Mr. CASTLE, Mr. TOWNS, Mr. BOEH- Oversight. termined by the Speaker, in each case for LERT, Mr. FAZIO of California, Mr. By Mr. STARK: consideration of such provisions as fall with- EHLERS, Mr. GORDON, Ms. WOOLSEY, H.R. 1769. A bill to provide for the imposi- in the jurisdiction of the committee con- Mr. MARTINEZ, Mr. TAYLOR of Mis- tion of administrative fees for Medicare cerned. sissippi, and Mr. ROMERO-BARCELO): overpayment collection, and to require auto- By Ms. VELA´ ZQUEZ (for herself, Mr. H.R. 1763. A bill to amend the Internal Rev- mated prepayment screening of Medicare LEACH, Mr. GONZALEZ, and Mr. enue Code of 1986 to provide an election to claims, and for other purposes; to the Com- BACHUS): exclude from the gross estate of a decedent mittee on Ways and Means, and in addition H.R. 1756. A bill to amend chapter 53 of the value of certain land subject to a quali- to the Committee on Commerce, for a period title 31, United States Code, to require the fied conservation easement, and to make to be subsequently determined by the Speak- development and implementation by the technical changes to alternative valuation er, in each case for consideration of such pro- Secretary of the Treasury of a national rules; to the Committee on Ways and Means. visions as fall within the jurisdiction of the money laundering and related financial By Mr. HILL (for himself, Mrs. committee concerned. crimes strategy to combat money laundering CHENOWETH, and Mr. HUTCHINSON): By Mr. STARK (for himself, Mr. and related financial crimes, and for other H.R. 1764. A bill top amend title XIX of the MCDERMOTT, and Mr. WEYGAND): purposes; to the Committee on Banking and Social Security Act to restrict imposition of H.R. 1770. A bill to prevent fraud, abuse, Financial Services, and in addition to the Medicaid liens and Medicaid estate recovery and waste in the Medicare and Medicaid Pro- Committee on the Judiciary, for a period to for long-term care services, in the case of grams, and for other purposes; to the Com- be subsequently determined by the Speaker, certain individuals who have received bene- mittee on Ways and Means, and in addition in each case for consideration of such provi- fits under long-term care insurance policies to the Committees on Commerce, and the sions as fall within the jurisdiction of the for at least 3 years, and to amend the Inter- Judiciary, for a period to be subsequently de- committee concerned. nal Revenue Code of 1986 to allow the carry- termined by the Speaker, in each case for By Mr. GILMAN (for himself and Mr. over of reimbursement maximums for flexi- consideration of such provisions as fall with- SMITH of New Jersey): ble spending arrangements, to allow the re- in the jurisdiction of the committee con- H.R. 1757. A bill to consolidate inter- imbursement of long-term care insurance cerned. national affairs agencies, to authorize appro- premiums of FSA’s, and to repeal the inclu- By Mr. WAXMAN (for himself, Mr. priations for the Department of State and re- sion in income of long-term care coverage HANSEN, and Mr. MEEHAN): lated agencies for fiscal years 1998 and 1999, provided through FSA’s; to the Committee H.R. 1771. A bill to amend the Public and for other purposes; to the Committee on on Commerce, and in addition to the Com- Health Service Act to protect the public International Relations. mittee on Ways and Means, for a period to be from health hazards caused by exposure to By Mr. GILMAN (for himself, Mr. environmental tobacco smoke, and for other subsequently determined by the Speaker, in ARMEY, Mr. SOLOMON, Mr. GOSS, Mr. purposes; to the Committee on Commerce, each case for consideration of such provi- WELDON of Pennsylvania, and Mr. and in addition to the Committee on Trans- sions as fall within the jurisdiction of the COX of California): portation and Infrastructure, for a period to committee concerned. H.R. 1758. A bill to ensure that the enlarge- be subsequently determined by the Speaker, By Mr. MINGE (for himself, Mr. SHAYS, ment of the North Atlantic Treaty Organiza- in each case for consideration of such provi- Mr. BARRETT of Wisconsin, Mr. tion [NATO] proceeds in a manner consistent sions as fall within the jurisdiction of the MCHALE, Mr. POMEROY, Mr. KLUG, with United States interests, to strengthen committee concerned. relations between the United States and Mr. DEAL of Georgia, Mr. DICKEY, Mr. H.R. 1772. A bill to provide for the reduc- Russia, to preserve the prerogatives of the COLLINS, and Mr. LOBIONDO): tion in the number of children who use to- Congress with respect to certain arms con- H.R. 1765. A bill to amend title 5, United bacco products, and for other purposes; to trol agreements, and for other purposes; to States Code, to provide that, for purposes re- the Committee on Commerce. the Committee on International Relations. lating to retirement, Members of Congress By Mrs. THURMAN: By Mr. GILMAN: and congressional employees shall be treated H.R. 1773. A bill to amend title 10, United H.R. 1759. A bill to reform foreign assist- in the same manner as are employees in the States Code, to expand the National Mail ance programs and to authorize appropria- executive branch generally; to the Commit- Order Pharmacy Program of the Department tions for foreign assistance programs for fis- tee on House Oversight, and in addition to of Defense to include covered beneficiaries cal years 1998 and 1999, and for other pur- the Committee on Government Reform and under the military health care system who poses; to the Committee on International Oversight, for a period to be subsequently de- are also entitled to Medicare; to the Com- Relations. termined by the Speaker, in each case for mittee on National Security. By Mr. BURTON of Indiana: consideration of such provisions as fall with- By Mr. WEYGAND: H.R. 1760. A bill to amend the Communica- in the jurisdiction of the committee con- H.R. 1774. A bill to amend the Internal Rev- tions Act of 1934 to provide for the imple- cerned. enue Code of 1986 to provide for a deduction H3274 CONGRESSIONAL RECORD — HOUSE June 3, 1997

for qualified higher education expenses; to H.R. 813: Mr. LUCAS of Oklahoma. H.R. 1496: Mr. BAKER. the Committee on Ways and Means. H.R. 847: Mr. FROST, Ms. NORTON, Mr. H.R. 1500: Mr. ALLEN. By Mr. SOLOMON (for himself, Mr. MCDERMOTT, Mr. DAVIS of Illinois, Ms. RIV- H.R. 1507: Mr. FOX of Pennsylvania, Mr. GEPHARDT, Mr. COX of California, Mr. ERS, Mr. ACKERMAN, and Ms. KILPATRICK. SABO, Mr. TRAFICANT, Mr. PRICE of North BONIOR, Mr. PAXON, Ms. PELOSI, Mr. H.R. 869: Mrs. MALONEY of New York, Mr. Carolina, Mr. TOWNS, Mr. RUSH, Ms. CARSON, SMITH of New Jersey, Mr. MARKEY, CUNNINGHAM, Mr. ENGLISH of Pennsylvania, Mr. FALEOMAVAEGA, and Mr. FOGLIETTA. Mr. BUNNING of Kentucky, Ms. KAP- and Ms. MOLINARI. H.R. 1526: Mr. NEUMANN, Mr. MCINTOSH, Mr. TUR, Mr. WOLF, Mr. HUNTER, Mr. H.R. 872: Mr. CALVERT, Mr. COOK, Mr. CALVERT, Mr. MANZULLO, and Mr. DELAY. ROHRABACHER, Mr. SCARBOROUGH, and DREIER, Mr. FAZIO of California, Mr. H.R. 1531: Mrs. MEEK of Florida, Mr. HAST- Mr. TRAFICANT): HOEKSTRA, Mr. OBERSTAR, Mr. PICKETT, Mr. INGS of Florida, Mr. SAXTON, Mr. FROST, and H.J. Res. 79. Joint resolution disapproving ROYCE, Mr. SOLOMON, and Mr. THORNBERRY. Mr. FILNER. the extension of nondiscriminatory treat- H.R. 875: Mr. MCCOLLUM, Mr. GEJDENSON, H.R. 1532: Mr. DIAZ-BALART, Mr. BATEMAN, ment, most-favored-nation treatment, to the Mr. BLAGOJEVICH, Mr. TURNER, and Mr. CAN- Mr. SANDLIN, Ms. SLAUGHTER, Mr. FARR of products of the People’s Republic of China; NON. California, Mr. HERGER, Mr. CHRISTENSEN, to the Committee on Ways and Means. H.R. 893: Mr. SABO, Mrs. KENNELLY of Con- Mr. DELAHUNT, Mr. HINCHEY, Mr. HULSHOF, necticut, Mr. ENGEL, Mr. RAHALL, and Mr. f Mr. KLINK, Mr. GOSS, Mr. DINGELL, Mr. FOGLIETTA. FILNER, Mr. DAVIS of Virginia, Mr. ANDREWS, H.R. 894: Mr. ENGEL. ADDITIONAL SPONSORS Mr. HAMILTON, Mr. WELDON of Florida, Ms. H.R. 950: Mr. YATES. EDDIE BERNICE JOHNSON of Texas, Mrs. Under clause 4 of rule XXII, sponsors H.R. 955: Mr. HYDE, Mr. SCARBOROUGH, Mr. THURMAN, Mr. GIBBONS, Mr. HALL of Texas, HAYWORTH, Mr. DELAY, Mr. MICA, and Mr. were added to public bills and resolu- Ms. DUNN of Washington, Ms. SANCHEZ, Ms. SESSIONS. tions as follows: CHRISTIAN-GREEN, Mr. LOBIONDO, Mr. BENT- H.R. 977: Mr. BLILEY. H.R. 15: Mr. FILNER and Mr. GILMAN. SEN, Mr. GEJDENSON, Mr. TRAFICANT, Mr. H.R. 979: Ms. DEGETTE, Mr. PICKERING, Mr. H.R. 38: Mr. BILBRAY and Mr. CLEMENT. HOBSON, Mr. HALL of Ohio, Mr. DAVIS of Virginia, and Mr. BLUMENAUER. H.R. 43: Mr. BILBRAY. FALEOMAVAEGA, Mr. ARCHER, Mr. KIND of H.R. 988: Ms. SLAUGHTER. H.R. 44: Mr. BILBRAY and Mr. STRICKLAND. Wisconsin, Mr. JOHN, and Mrs. MORELLA. H.R. 991: Mr. CUMMINGS. H.R. 51: Mr. PICKERING, Mr. ROHRABACHER, H.R. 1570: Mr. BERMAN, Mr. MARKEY, Mr. H.R. 1023: Mr. LAZIO of New York, Mr. Mr. BERRY, Mr. POSHARD, and Mr. TAYLOR of KENNEDY of Massachusetts, Mr. NADLER, and BACHUS, Mr. DEAL of Georgia, Ms. WATERS, Mississippi. Ms. NORTON. Mr. DOYLE, Ms. VELA´ ZQUEZ, Mr. TURNER, and H.R. 58: Mr. WEYGAND, Mr. ROTHMAN, and H.R. 1609: Mr. MCNULTY, Mr. EVANS, Mr. Mr. MCCRERY. Mrs. CHENOWETH. LAFALCE, Mr. OLVER, and Mr. ACKERMAN. H.R. 1038: Mr. MCDERMOTT. H.R. 65: Mr. SPENCE, Mr. BILBRAY, Mr. H.R. 1047: Ms. JACKSON-LEE and Mr. WAX- H.R. 1612: Mr. RADANOVICH. CLEMENT, and Mr. SKEEN. MAN. H.R. 1670: Mr. FRANK of Massachusetts and H.R. 66: Mr. HILLIARD, Mr. WISE, and Mr. H.R. 1059: Mr. LAHOOD, Mr. MCINNIS, and Ms. JACKSON-LEE. RIGGS. Mr. LATOURETTE. H.R. 1673: Mr. LOBIONDO and Mr. FRANKS of H.R. 96: Mr. MANTON and Mr. THOMAS. H.R. 1061: Mr. ABERCROMBIE and Mr. New Jersey. H.R. 135: Mr. BAKER. FILNER. H.R. 1679: Mr. SKAGGS and Ms. LOFGREN. HAMBLISS EEHAN H.R. 192: Mr. C , Mr. M , Mr. H.R. 1062: Mr. CHABOT, Mr. CUNNINGHANM, H.R. 1683: Mr. PETERSON of Minnesota. OX HRISTIAN REEN F of Pennsylvania, Ms. C -G , and Mr. SPENCE. H.R. 1684: Mr. CHAMBLISS. and Mrs. FOWLER. H.R. 1063: Mr. NEUMANN, Mr. ETHERIDGE, H.R. 1689: Ms. PELOSI and Mr. BURR of H.R. 195: Mr. FAZIO of California. Mr. MCINTYRE, Mr. MORAN of Virginia, Ms. North Carolina. H.R. 216: Mr. STRICKLAND and Mr. NEAL of MCCARTHY of Missouri, Mr. FOLEY, and Mr. H.R. 1712: Mr. BARRETT of Nebraska and Massachusetts. RAHALL. Mr. SALMON. HRISTIAN REEN H.R. 230: Ms. C -G . H.R. 1108: Mr. CANADY of Florida, and Mrs. H.R. 1716: Mr. MALONEY of Connecticut, Mr. ILBRAY LEMENT H.R. 303: Mr. B , Mr. C , Mr. NORTHUP. LUTHER, and Mr. HYDE. SANDLIN, and Mr. SKEEN. H.R. 1126: Ms. ESHOO and Mr. PAYNE. H.R. 1729: Mr. CARDIN and Mr. FATTAH. H.R. 304: Ms. CHRISTIAN-GREEN. H.R. 1134: Mr. UNDERWOOD, Mr. CAPPS, Mr. H.R. 1741: Mr. WATTS of Oklahoma, Mr. H.R. 306: Mr. LEVIN and Mr. KLECZKA. WEYGAND, Mr. RUSH, Ms. KILPATRICK, Mr. CUMMINGHAM, and Mr. OBERSTAR. H.R. 322: Mr. GREENWOOD. SABO, Mr. DEFAZIO, Mr. PARKER, Mr. MCGOV- H.J. Res. 54: Mr. FAWELL. H.R. 335: Mr. MCHALE. ERN, and Mr. MCDERMOTT. H.J. Res. 75: Ms. JACKSON-LEE. H.R. 339: Mrs. MYRICK. H.R. 1161: Mr. TIAHRT. H.J. Res. 76: Mr. DOYLE, Mr. HORN, and Mr. H.R. 367: Mr. HOLDEN. H.R. 1165: Mr. LATOURETTE and Mr. STARK. RUSH. H.R. 399: Mr. RIGGS. H.R. 1168: Mr. BUNNING of Kentucky, Ms. H. Con. Res. 6: Mr. VISCLOSKY. H.R. 404: Ms. WOOLSEY, Mr. MANTON, Mr. KAPTUR, Mr. BUYER, Mr. CANADY of Florida, H. Con. Res. 10: Ms KAPTUR, Mr. DAVIS of Illinois, Mr. VISCLOSKY, and Mr. Mr. GOODLATTE, Mr. PRICE of North Carolina, KNOLLENBERG, and Mr. UPTON. BILBRAY. Mr. GOODLING, Mr. UPTON, Mr. BACHUS, and H. Con. Res. 13: Ms. MCKINNEY, Mr. H.R. 407: Mr. SHADEGG and Mr. CALVERT. Mr. DUNCAN. DELAHUNT, Mr. MARKEY, Mr. DEAL of Geor- H.R. 411: Mr. MALONEY of Connecticut, Mr. H.R. 1205: Mr. WELLER. gia. Mr. BENTSEN, Mr. BLILEY, and Mr. ROTHMAN, and Mrs. ROUKEMA. H.R. 1215: Mr. KILDEE. HULSHOF. H.R. 414: Mr. CHAMBLISS, Mr. MEEHAN, Mrs. H.R. 1218: Mr. FILNER, Ms. JACKSON-LEE, H. Con. Res. 52: Mr. SOLOMON and Mr. CHENOWETH, and Mr. FOX of Pennsylvania. Mr. OBERSTAR, Mr. OLVER, and Mr. FROST. CUMMINGS. H.R. 457: Mrs. MYRICK. H.R. 1263: Mr. MARTINEZ. H. Con. Res. 55: Mr. DEFAZIO, Mr. ENGEL, H.R. 519: Mr. RUSH. H.R. 1279: Mr. GOODE, Mr. CANADY of Flor- and Ms. VELA´ ZQUEZ. H.R. 556: Ms. DEGETTE. ida, and Mrs. MYRICK. H. Con. Res. 65: Mr. HOLDEN, Mr. DUNCAN, H.R. 598: Mr. DAVIS of Virginia. H.R. 1285: Mr. LUCAS of Oklahoma. Mr. FAZIO of California, Mr. SKEEN, Mr. H.R. 616: Mr. MANTON, Mr. HINCHEY, Ms. H.R. 1288: Mr. RUSH, Mr. JACKSON, and Mr. BOEHLERT, Mrs. MALONEY of New York, Mr. DANNER, Mr. BOUCHER, Mr. CAPPS, Mr. FOGLI- STRICKLAND. CHAMBLISS, Mr. ACKERMAN, Mr. KLINK, Mr. ETTA, and Mr. FRANKS of New Jersey. H.R. 1300: Mr. WATTS of Oklahoma. FOX of Pennsylvania, Mr. SESSIONS, Mr. H.R. 622: Mr. CALVERT. H.R. 1320: Mr. LIPINSKI and Mr. DELLUMS. PAXON, Mr. WICKER, and Mr. ROHRABACHER. H.R. 630: Mr. CAPPS, Mr. DIXON, Mr. POMBO, H.R. 1350: Mr. WELLER, Mr. MICA, and Mr. and Ms. LOFGREN. RAMSTAD. H. Con. Res. 75: Ms. LOFGREN. H.R. 633: Mr. BRYANT. H.R. 1353: Mrs. ROUKEMA. H. Con. Res. 80: Mr. QUINN, Mr. DUNCAN, H.R. 634: Mr. PAXON, Mr. MCINTOSH, Mr. H.R. 1371: Mr. PICKERING. Mr. NEY, Mrs. MYRICK, Mr. KLECZKA, Mr. HAYWORTH, Mrs. MYRICK, and Mr. PORTER. H.R. 1375: Mr. LATOURETTE, Ms. WOOLSEY, SPRATT, Mr. BARRETT of Wisconsin, Mr. VIS- H.R. 681: Mr. DOOLITTLE, Mr. MATSUI, Ms. Mr. BROWN of California, and Mr. ALLEN. CLOSKY, Mr. BERRY, Ms. DEGETTE, Mr. LEVIN, PELOSI, Mr. BONO, Mr. FARR of California, H.R. 1383: Mr. CARDIN, Ms. JACKSON-LEE, Ms. RIVERS, Ms. SLAUGHTER, Mr. POSHARD, Mr. ROHRABACHER, Mr. BROWN of California, Mr. ROTHMAN, and Mr. TORRES. and Mr. FORBES. Mr. FILNER, Ms. ROYBAL-ALLARD, Mr. HORN, H.R. 1398: Mr. WELDON of Florida, Mr. H. Con. Res. 91: Mr. BONIOR and Mr. RUSH. and Mr. STARK. HUTCHINSON, and Mr. MANTON. H. Res. 83: Mr. GOSS, Mr. BILBRAY, Ms. H.R. 715: Mr. WAMP and Mr. GORDON. H.R. 1425: Mr. PORTER and Mr. FORD. LOFGREN, Mr. GONZALEZ, and Mr. FRANK of H.R. 716: Mr. HASTINGS of Washington. H.R. 1427: Mr. MCCOLLUM. Massachusetts. H.R. 761: Mr. DELLUMS. H.R. 1450: Mr. RUSH and Ms. CARSON. H. Res. 139: Mr. DEAL of Georgia, Mr. H.R. 789: Mr. GUTKNECHT. H.R. 1464: Mr. ABERCROMBIE. FORBES, Mr. BAKER, Mr. BOEHNER, and Ms. H.R. 795: Ms. WATERS, Mr. KUCINICH, Mr. H.R. 1480: Mr. ACKERMAN, Mr. DELLUMS, DUNN of Washington. QUINN, and Mr. DELAHUNT. and Ms. NORTON. H. Res. 151: Mr. LAFALCE, Mr. PALLONE, H.R. 805: Mr. WATTS of Oklahoma and Mr. H.R. 1481: Mr. BONIOR and Mr. WALSH. Mr. WATTS of Oklahoma, Mr. SMITH of New PETERSON of Pennsylvania. H.R. 1493: Mr. SHERMAN. Jersey, and Mr. STARK. June 3, 1997 CONGRESSIONAL RECORD — HOUSE H3275 DELETIONS OF SPONSORS FROM ister of Pakistan, Nawaz Sharif, to better re- ‘‘SEC. 1717. SENSE OF CONGRESS REGARDING DE- PUBLIC BILLS AND RESOLUTIONS lations between the two countries. VELOPMENT OF AZERBAIJAN’S CAS- ‘‘(b) SENSE OF CONGRESS.—It is the sense of PIAN SEA PETROLEUM RESERVES. Under clause 4 of rule XXII, sponsors the Congress that the Clinton Administra- ‘‘It is the sense of the Congress that— were deleted from public bills and reso- tion should support and work closely with ‘‘(1) the President should seek cooperation lutions as follows: Indian Prime Minister Gujral in strengthen- from the governments of Armenia, Azer- H.R. 1438: Ms. CHRISTIAN-GREEN. ing relations between the United States and baijan, and Turkey, as well as private com- India and improving relations in the South panies with an interest in developing Azer- f Asia region.’’ baijan’s Caspian Sea petroleum reserves, to AMENDMENTS H.R. 1757 encourage the construction of a pipeline OFFERED BY: MR. PALLONE route from Azerbaijan through Armenia that Under clause 6 of rule XXIII, pro- could reach Turkey and Mediterranean sea AMENDMENT NO. 2: At the end of title XVII posed amendments were submitted as ports; and (relating to foreign policy provisions) insert follows: the following new section: ‘‘(2) such a route for a pipeline should in no way prejudice other trans-Caucasus pipeline H.R. 1757 ‘‘SEC. 1717. SENSE OF CONGRESS REGARDING routes, but would help to promote stability OFFERED BY: MR. PALLONE THE CONFLICT IN NAGORNO- KARABAGH. and economic growth in the Caucasus region, AMENDMENT NO. 1. At the end of title XVII ‘‘(a) SENSE OF CONGRESS.—It is the sense of improving relations between neighboring (relating to foreign policy provisions) insert Congress that— countries and the United States.’’ the following new section: ‘‘(1) the United States, in its capacity as a H.R. 1757 ‘‘SEC. 1717. CONGRESSIONAL STATEMENT RE- co-chair of the OSCE’S Minsk Group, reaf- GARDING PRIME MINISTER GUJRAL firms its neutrality in the Nagorno- OFFERED BY: MR. PALLONE OF INDIA. Karabagh conflict and commits itself to a AMENDMENT NO. 4: At the end of title XVII ‘‘(a) FINDINGS.—The Congress makes the negotiated settlement; and following findings: (relating to foreign policy provisions) insert ‘‘(2) the United States strongly supports ‘‘(1) Prime Minister Gujral of India has re- the following new section: the May 12, 1994, cease-fire agreement signed cently received a vote of confidence from the ‘‘SEC. 1717. SENSE OF CONGRESS REGARDING by Azerbaijan, Armenia and Nagorno- Indian parliament. THE SOVEREIGNTY OF BELARUS. Karabagh, and condemns all violations of the ‘‘(2) Prime Minister Gujral is committed to ‘‘It is the sense of the Congress that the cease-fire by the conflicting parties. strengthening ties between the United President should strongly urge the Govern- ‘‘(b) CONGRESSIONAL STATEMENT.—The Con- States and India through the continuation of gress urges the President and the Secretary ment of President Aleksandr Lukashenka of free market reforms and initiatives. of State to encourage direct talks between the Republic of Belarus to defend the sov- ‘‘(3) The Gujral government is on the verge the parties to the conflict in Nagorno ereignty of Belarus, maintain its independ- of passing a budget package that will carry Karabagh.’’ ence from the Russian Federation, abide by forward economic reforms initiated in 1991 the provisions of the Helsinki Accords and that have opened India to foreign investment H.R. 1757 the constitution of the Republic of Belarus and trade. OFFERED BY: MR. PALLONE and guarantee freedom of the press, allow for ‘‘(4) Prime Minister Gujral has made it a AMENDMENT NO. 3: At the end of title XVII the flowering of the Belarusan language and priority to improve relations with Pakistan (relating to foreign policy provisions) insert culture, and enforce the separation of pow- and has recently met with the Prime Min- the following new section: ers.’’ E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, TUESDAY, JUNE 3, 1997 No. 74 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE MAJORITY pect that they would come up Wednes- called to order by the President pro LEADER day and Thursday, one or the other, as tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The soon as they are available, with the able majority leader, Senator LOTT of budget resolution conference report being one that we will take up first— PRAYER Mississippi, is recognized. Mr. LOTT. Thank you, Mr. President. hopefully tomorrow. The Chaplain, Dr. Lloyd John f I appreciate all Senators’ cooperation Ogilvie, offered the following prayer: in this. SCHEDULE Almighty God, Sovereign of this Na- f Mr. LOTT. Mr. President, for the in- tion and Lord of our lives, in each pe- ORDER FOR PRINTING OF SENATE formation of all Senators, this morn- riod of our history, You have blessed us DOCUMENT with great leaders who have exempli- ing, until the hour of 12:30 p.m., the fied love for You and dedication to our Senate will honor the service of our Mr. LOTT. Mr. President, I ask unan- country. Today we celebrate such a President pro tempore, Senator THUR- imous consent that tributes to Senator THURMOND be printed as a Senate docu- man. Thank You for STROM THURMOND. MOND, as the longest serving Member of By Your grace he has become a legend the Senate. By previous consent, from ment. in his own time, not just for the quan- 12:30 to 2:15 p.m., the Senate will be in The PRESIDING OFFICER (Mr. tity, but also for the quality of years of recess to allow for the weekly policy HUTCHINSON). Without objection, it is service here in the Senate. On May 25, luncheons to meet, and, at 2:15 p.m., so ordered. we all were moved by the fact that this the Senate will immediately resume f distinguished Senator became the long- consideration of S. 4, the Family MEASURE PLACED ON THE est serving Senator in the Nation’s his- Friendly Workplace Act, with amend- CALENDAR—H.R. 867 tory. Today we join with all Americans ments being offered throughout the Mr. LOTT. I understand there is a in gratitude for 41 years, 10 months of day to that legislation. bill at the desk due for its second read- faithful leadership. You have blessed Therefore, Senators can expect roll- ing. him to be a blessing to his beloved call votes throughout today’s session The PRESIDING OFFICER. The South Carolina and to the Nation as a of the Senate as we make progress on clerk will report. whole through the decades. We cherish this most important legislation. The assistant legislative clerk read our friendship with him and admire his I want to commend the Senator from as follows: patriotism. And Lord, he’s pressing on Missouri for the time that he has spent with the drumbeat of Your spirit beat- on this legislation, and I look forward A bill (H.R. 867) to promote the adoption of children in foster care. ing out the cadences of his indefati- to further debate and amendments that gable commitment to the American may be offered. Mr. LOTT. Mr. President, I object to dream. A cloture motion was filed yesterday further proceedings on this matter at on the pending amendments to S. 4. So this time. Father, we thank You for Senator Members can anticipate a cloture vote The PRESIDING OFFICER. The bill THURMOND’s intellect, keen grasp of is- on Wednesday morning. will be placed on the Calendar of Gen- sues, courage to speak his convictions, As always, Members will be notified eral Orders. and untiring loyalty to his Senate as- accordingly as any votes are ordered f signments. We marvel at his health, with respect to this legislation, or vigor, resiliency, and stamina. But other legislation. TRIBUTE TO SENATOR STROM most of all, we praise You for the per- Also, under the provisions of rule THURMOND sonal ways he has inspired each of us. XXII, Senators have until the hour of Mr. LOTT. Mr. President, I would He’s an affirmer who spurs us on by his 12:30 p.m. today in order to file first-de- like to take this opportunity to pay words of encouragement. Your spirit of gree amendments to the substitute tribute to the distinguished senior Sen- caring and concern for individuals amendment to S. 4. ator from South Carolina. shines through this remarkable man. It is my hope also that the Senate This is a very special occasion for the Gracious God, may the love and es- will conclude action on the concurrent Senate, as we take this time to honor teem we express this morning spur on budget resolution and the supple- the longest serving Member of this the Senator in his leadership for years mental appropriations conference re- body in history. to come. Through Christ our Lord and port this week. We do not have an Senator THURMOND is an institution Saviour. Amen. exact time yet for those two but we ex- within this institution. Among the

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

S5197 S5198 CONGRESSIONAL RECORD — SENATE June 3, 1997 American people, he is probably one of in ready to go to work with a smile on States of this great Nation as a part of the best known—and most recognized— his face, as he did this very morning. the development of the character of the Members of the Senate, every morning We all know firsthand how strongly United States of America. opening the Senate dutifully here; al- he can argue his point, how fiercely he ‘‘A nation reveals itself,’’ said John most every day when we open. On rare can defend his values, and how firmly Kennedy, ‘‘not only by the men it pro- occasions he is not in the chair. And he can put down an opponent who does duces but also by the men it honors, within this congressional family, he not have the facts on his side. the men it remembers.’’ And so it is holds a place of respect that is truly But we also know how courteous he fitting that we should honor the serv- unique. I have been honored to serve is when the debate is over, how gener- ice of STROM THURMOND. For long after with him, privileged to learn from him, ous he is even to those who do not re- his time in the Senate has ended—and and proud to call him my friend. ciprocate that conduct sometimes, and the new millennium has begun—STROM If the Senate had a Mount Rushmore, how respectful he has always been to will be remembered; not just for the STROM would be on it. this institution—and to every Member elections that he won, but for the prin- As my colleagues know, Senator of this institution. ciples upon which he stood, the State THURMOND’s stature in the Senate is He has been a master of the Senate’s he helped to transform, the party he not just a matter of longevity. It is a rules, for he has always understood helped to build. matter of accomplishment. that those rules—frustrating and both- For STROM, winning elections became He was first elected to this body on ersome as they may often seem—are a habit. From the time he ran his first November 2, 1954, as a write-in can- what sets the Senate apart as the most campaign for Edgefield County super- didate, and remains to this day the extraordinary legislative body in the intendent to his most recent reelec- only person elected to the Senate in world. tion, his record of electoral accom- that manner. He has given so much to his country, plishment is unparalleled in our time. He has served here on both sides of in so many different ways, and yet he The punditry and political operatives the aisle, and in both the majority and would resist any attempt on our part have been left to search for the secret the minority. But he will quickly tell to thank him for his lifetime of dedica- to STROM’s success. The answer is real- you that the majority is better. tion. For in this regard, Senator THUR- ly quite simple. At its most basic, it is He has chaired both the Armed Serv- MOND is truly of the old school: He this: His word is his bond. ices Committee and the Judiciary would rather thank his country for the Whether giving up his seat in 1956 to Committee, and he thereby has made chance to repay the honor of being an run for reelection without the benefit an enduring contribution to both our American. After all his years, after all of incumbency, or switching parties in Nation’s security and our system of those decades, that is the one appella- 1964 to support Barry Goldwater, justice. tion that best describes him. Though STROM has been true to himself and to He has stood for causes that were he has been a Democrat, a Dixiecrat, the people he represents. He embodies popular and causes that were less so. and a Republican, he has ever been and the very essence of what it means to be He has been fearless in defending his always will be, most of all, STROM a leader, ‘‘decid[ing] where he wants to views, and what may be more impor- THURMOND, proud American. go, figur[ing] out how to get there, and tant, equally unafraid to change those Thank you, Senator THURMOND for then do[ing] it.’’ views when convinced of the rightness what you have done for your State, for But STROM has done more than just of change. your country, and for all of us as indi- win the voters’ hearts. He, along with I can remember some of his speeches viduals. Carroll Campbell, Governor Beasley, here in the Senate. He holds the record I yield the floor. BOB INGLIS, and others, have helped for the longest speech in the history of take a State of low-country planters f the Senate. But I remember as a brand- and usher them into the information new Senator, he was standing in this MORNING BUSINESS age. Today, South Carolina stands as aisle here and giving the most vigorous one of America’s great success stories, The PRESIDING OFFICER. Under speech in behalf of the need for a crimi- part of the booming South Atlantic the previous order, there will now be a nal law reform that I believe I have seaboard; its factories, office buildings, period for the transaction of morning ever heard. It was magnificent. and airports are at the forefront of the business not to extend beyond the hour When STROM THURMOND came to the Nation’s economic growth. And of 12:30 p.m. for continued tributes to Senate almost 42 years ago, he brought through it all, STROM has been there. the distinguished President pro tem- with him enough accomplishments al- Politically, this new South Carolina pore of the Senate. ready for a lifetime. has also been moving—more than any He had already been a State senator Mr. ASHCROFT addressed the Chair. other southern State—toward the Re- and circuit judge in his native beloved The PRESIDING OFFICER. The Sen- publican Party. And if ours is a move- South Carolina. He had been Governor ator from Missouri. ment of many mansions, then South of the Palmetto State and had been the f Carolina is the house that STROM built. States Rights candidate for the Presi- Under his watchful eye, the GOP has TRIBUTE TO SENATOR STROM dency in 1948. controlled the governorship since 1986 THURMOND Most telling of all, he had landed in and wrested four of the State’s six Normandy on D-day with the 82d Air- SOUTH CAROLINA’S MARBLE MAN House seats from Democratic rule. borne. Senator THURMOND has much to Mr. ASHCROFT. Mr. President, I rise Until Senator THURMOND, most would be proud of in his Senate career. But I to participate in this opportunity to have scoffed at the suggestion that a doubt that any honors bestowed on him celebrate the service of STROM THUR- Republican could win statewide office. in the course of that career can rival MOND. But then STROM joined the GOP, and the decorations he won in the Nor- When Abraham Lincoln stood on the the impossible became the possible. mandy landing: The Legion of Merit battlefield at Gettysburg to memorial- And so today, there are elephants in with oak leaf cluster and the Bronze ize the outstanding service of those the cottonfields, and we have Senator Star for Valor. who had died there, he put it suc- THURMOND to thank more than any All of this, of course, is a matter of cinctly: ‘‘The world will little note, nor other. public record. But what the public gen- long remember what we say here, but Mr. President, in his lifetime Senator erally does not know, however, is the it can never forget what they did THURMOND has seen tragedy and tri- personality and the fantastic character here.’’ umph, known both midnight and high that Senator THURMOND brings to his I do not suggest by my own remarks noon. At times, he has been a solitary work in the Senate. here this morning that my remarks are figure seemingly at odds with the I often wish I had his unfailing good long to be remembered. But the service world. More often, however, he has humor, which, come to think of it, of STROM THURMOND is unforgettable, stood for the national interest and the probably has something to do with his and is indelibly marked, not only in Nation has stood with him. And as length of service here. He always comes the history of the Senate but in the South Carolina has flourished, so too, June 3, 1997 CONGRESSIONAL RECORD — SENATE S5199 has he grown, coming to see fully the tle while I realized I was going to vote hollered again. And after a while, I re- diversity and richness of the American with him and not the way I had alized my speech following this was not dream. thought I was going to vote when I going to be worth giving; they were His secret is not what he gets, not went to the well of the Senate. I later being entertained, but they were also what he gives, not what he consumes, told somebody that I had been showing their respect, their love for but how he serves. In the end, what ‘‘Thurmonized.’’ That’s when you are their Senator, STROM THURMOND. I was Douglas Southall Freeman said of Rob- talked to in a fashion that is very per- delighted to be invited and honored to ert Lee four decades ago might also be suasive, very courtly and charming, be the speaker, and I did not talk long. said of Senator THURMOND today. ‘‘He very distinctively like STROM THUR- It was a very successful experience be- [is] one of a small company of great MOND can talk to you. cause of that. men in whom there is no inconsistency We have worked closely on agri- It was a great pleasure working with to be explained, no enigma to be culture matters. We have worked to en- Senator THURMOND on the Judiciary solved.’’ What he appears, he is. Not sure that the farmers of South Caro- Committee during my first 2 years in merely a man of great faith, but a lina and those involved in their spe- the Senate, which was a very interest- great and faithful friend. cialty crops, such as the peach orchard ing time of transition. Another part of A final thought. I often hear the pun- owners, have the kind of investment in the genius of STROM THURMOND is to dits and the national press bemoaning research that is necessary to maintain manage transition. The President talks what they call an absence of leader- our technological edge, and our produc- about making change our friend. ship. Where, they ask, are the Thomas tivity, so that we can be competitive in STROM THURMOND has been doing that Hart Bentons, the Calhouns, and the the global markets. He is the farmer’s for so long it is second nature. And the Clays? Well, let me suggest that they friend. He has said on a number of oc- fact is he has been able to not only look to the United States Senate; and casions, and I have heard him say it, manage transitions and help ease the there, just beyond the camera’s eye, ‘‘We have to be sure we do right by the pain of transition for this country in so you will find them. They go by HELMS, farmers; they’re very important to this many different areas that he has been GRAMM, MOYNIHAN. And perhaps most country.’’ a true leader of our country in that re- of all, STROM THURMOND—the Palmetto He has the same kind of attitude to- spect. He is a wonderful example and a State’s marble man—a ‘‘figure lost to wards those who serve in the military, wonderful man, and it is a great privi- flesh and blood and bones, frozen into a and as chairman of the Armed Services lege for me to be able to speak today in legend out of life.’’ Committee he has done as much as his honor. I yield the floor. anyone, more than most, to help en- The PRESIDING OFFICER. The Sen- Mr. COCHRAN addressed the Chair. sure that we have a military which is ator from Kentucky. The PRESIDING OFFICER. The Sen- well equipped, well trained, and is sec- Mr. MCCONNELL. Mr. President, I ator from Mississippi. ond to none in the world. By reason of literally cannot remember life without Mr. COCHRAN. Mr. President, in 1950 his own personal experiences, he knows STROM THURMOND. My first awareness when William Faulkner accepted the what it takes in a time of crisis to pre- of STROM THURMOND was one of the Nobel prize for literature, he said that vail. He has been a wonderful example first things I remember in my entire man would not only endure, he would in so many ways. He has been devoted life. I was 6 years old. I was in the first prevail. to his family. I can recall his talking grade at Athens Elementary in Athens, I recalled of those words this morn- to the then majority leader, Senator AL. It was 1948. One weekend we were ing when I was coming to the Chamber BYRD, about getting out early one on the porch at my grandfather’s to describe my impression of Senator night so we could go trick or treating house, and I was sitting there listening STROM THURMOND. He has not only sur- with our children. And he was, of to my dad and to my grandfather talk vived and set a record because of his course, in his seventies at that time. about the Presidential election of 1948. endurance but he has prevailed and set But he wanted to be sure that family Now, I must confess at age 6 that was an example that all of us can study time was made available, and we got not a big item in my life, but that was with profit. His character, his integ- out early that night, I recall, because the first time I heard the name STROM rity, his commitment, his energy, his of the insistence of Senator THURMOND THURMOND. My dad and my granddad enthusiasm for his work and for the that we have time to spend with our talked about the election for a little Senate, his respect for our Government families on Halloween night. while, and all I remember for sure is and our country and its people, and his There are many other things that that they said STROM THURMOND was a devotion to duty all set him apart. So come to mind, personal recollections. I fine man, they were going to vote for it is not just because of his tenure that never will forget being invited by him him for President of the United States. I praise him this morning but it is when I was a brand new Senator, to The second time I remember hearing more importantly for all of these other come to Charleston, SC to address the of STROM THURMOND, my family had qualities that have made him so spe- annual dinner of the Hibernian Soci- moved from Alabama to Augusta, GA. cial and so much appreciated as a Sen- ety. He told me all about what to ex- My dad was a civilian employee for the ator. pect. He said, ‘‘The main thing to re- Army after having served in World War I have felt it to be a real honor to member is don’t talk long.’’ He said, II in the European theater, as did our serve in the Senate with STROM THUR- ‘‘They don’t want a long speech.’’ fellow Senator whom we honor today. MOND of South Carolina. He truly is one Well, I took that to heart. I didn’t My father was working at the Savan- of the most outstanding Senators who talk long. And what I really came to nah River plant in Aiken, SC, in 1954. has ever served. And he has been easy realize when he was introducing me And again, at age 12, obviously poli- to get to know and easy to like, easy to was that the people there were inter- tics was not something I was thinking work with because of his cordiality, his ested in his introduction a lot more about very often. It seems to me base- warmth, and his willingness to be help- than they would be in my speech. He ball was most in my interest at that ful. He can also give you good advice brought the house down. They were time. But that was the year our col- and be persuasive in a way that makes there to hear vintage STROM THUR- league whom we honor today got elect- you want to do what he wants you to MOND, and he was terrific. He started ed to the United States Senate on a do. describing me as he introduced me. He write-in in South Carolina. The only I recall going to the well of the Sen- said, ‘‘He is the first person to ever win time that has been done in history, Mr. ate to vote when he was chairman of statewide office in the State of Mis- President—a remarkable accomplish- the Judiciary Committee, and I had sissippi on the Republican ticket.’’ ment. planned to vote against his position on Well, they cheered. And he said, ‘‘And The next time I remember thinking an amendment. He grabbed me by the he thinks just like we do. He believes about Senator THURMOND’s distin- arm and began holding it with his fa- in balancing the budget.’’ And they guished career I was 22, and it was 1964 mous firm grip, and he said, ‘‘Now, you cheered and hollered. And then he said, and we had moved to Kentucky by that ought to do what’s right on this’’ and ‘‘And he believes in a strong national point. I had begun to think of myself as started talking to me. And in that lit- defense.’’ And they jumped up and a Republican and taken an interest in S5200 CONGRESSIONAL RECORD — SENATE June 3, 1997 politics, and I remember the excite- ator THURMOND looked out at the audi- that I learned a great deal about him I ment, having been a son of the Deep ence and said, ‘‘Now, if you’ll eat right did not know. South, when Senator THURMOND de- and exercise and take care of yourself, One of the things that impressed me cided to become a Republican. In those you may be here for my 100th birthday so much was to have read about his days, as the occupant of the Chair cer- party.’’ Obviously, that kind of opti- record in the Second World War. Sen- tainly knows, too, there were not any mism, the looking forward, planning ator THURMOND volunteered for service Republicans in the Deep South. ahead, thinking about what you want in the Second World War, I believe, I remember the story my dad told me to achieve, that kind of uplifting opti- when he was near 40 years of age. And about his father, my grandfather, sit- mism has been an inspiration to all of when I read about what he did in the ting him down at an early age and ex- us who have had the opportunity to Second World War, I was really truly plaining to him politics. He said, ‘‘Now, know and to learn from the senior Sen- astounded. He received five battle stars son, this won’t take long, just a ator from South Carolina. and 18 decorations: the Legion of Merit minute.’’ He said, ‘‘The Republican But, beyond the legend of tenure, with oak leaf cluster, the Bronze Star Party is the party of the North and the there is also the question of accom- for valor, the Purple Heart, the Cross Democratic Party is the party of the plishment. There isn’t anybody in the of Order of Crown Belgium, and so on. South.’’ And that was the end of it. So U.S. Senate who knows more about the But what I read about Senator THUR- imagine my excitement as a 22-year- issues that the Senate Judiciary Com- MOND was that somewhere near the age old college senior to see Senator THUR- mittee deals with than STROM THUR- of 40, he volunteered to go into service MOND from the Deep South, as deep as MOND. And when it comes to national in the Second World War and then fur- it gets, South Carolina, saying, I’m security matters, not only has STROM ther volunteered on a mission, a dan- going to be a Republican as a matter of THURMOND been a hero on the battle- gerous mission, to go aloft in a glider conviction. Now, that was a pretty cou- field himself, having ridden on one of and crash-land behind enemy lines at rageous thing to do in 1964 in South those gliders in behind the lines at night during the D-day invasion. I asked Senator THURMOND on the Carolina even if you were a pretty es- Normandy in 1944, not only was he a floor, having read about that, ‘‘Weren’t tablished figure, as Senator THURMOND hero himself, but when it comes to the you terribly afraid that evening as you obviously already was. He didn’t have question of securing and standing up boarded a glider to be sent aloft?’’ And to do that. It would have been easy for for the solid national defense of the we had a little visit about that. He him to continue to be a Democrat. United States, STROM THURMOND has said, no, he was not. He is a man of That was certainly what everybody no peer. He has been there for 40 years was in the South in those days. But, as enormous courage. If you evaluate the in the U.S. Senate seeing to it that record, not only his record during the a matter of conviction, Senator THUR- America had a strong national defense Second World War, volunteering for MOND said, ‘‘I can’t be a Democrat any- in order to protect this country and dangerous missions and having re- more. This party doesn’t reflect my be- our way of life and our interests ceived so many decorations for valor as liefs and I am going to change.’’ That around the world. a result of that, but also his record in was the beginning, in every real sense, So, Mr. President, let me say again, public service following that, you can- of the growth of the Republican Party the life of STROM THURMOND—which not be anything but admiring of this in the South—which I want to say the continues; he is just getting started— remarkable and wonderful individual. occupant of the Chair and myself have has been an inspiration to all of us who We spend our time in the Senate been substantial beneficiaries of on have had the opportunity to know him here, and I suppose over the couple down in subsequent years. and to love him over the years. hundred years that the Senate has been The next time STROM THURMOND im- Mr. President, I yield the floor. in existence, debating each other and pacted my life was in 1969. I was a leg- Mr. President, I suggest the absence having the give-and-take of the com- islative assistant to a newly elected of a quorum. petition of ideas, and sometimes I sup- Senator from Kentucky who got as- The PRESIDING OFFICER (Mr. pose there might be those who watch signed to the Judiciary Committee. SMITH of Oregon). The clerk will call these proceedings who think that, gee, And there was Senator THURMOND. I ob- the roll. this is quite a vigorous debate and we served him as a staffer for the 2 years The bill clerk proceeded to call the do not have the greatest of respect for that I was here. He was invariably roll. each other. I would say to those who courteous to those who were beneath Mr. DORGAN. Mr. President, I ask watch and get that misimpression that, him in rank. I oftentimes think that unanimous consent that the order for in almost all cases in this body, those the true test of people’s worth is how the quorum call be rescinded. of us who come here have enormous re- they treat those people who are not on The PRESIDING OFFICER. Without spect for others who have been here the same level of influence as they. objection, it is so ordered. and who have come under other cir- Senator THURMOND was a favorite of Mr. DORGAN. Mr. President, I want- cumstances. the staff that worked at the Judiciary ed to stop on the Senate floor today on Senator THURMOND came to the U.S. Committee because he was unfailingly a mission to compliment my distin- Senate, I believe, in 1954, and he has courteous to all of us, and we respected guished colleague and friend, Senator served here with great distinction and him greatly. STROM THURMOND. He has achieved great honor. There might be times Obviously, the next time Senator quite a remarkable record here in the where he and I would disagree on an THURMOND’s life and mine intersected U.S. Senate. I didn’t know Senator issue, but when we disagree we do that was in 1985 when I was sworn into the THURMOND very well except by reputa- without being disagreeable. There have Senate and became a member of the tion before I came to the U.S. Senate. been other times when Senator THUR- Judiciary Committee myself and Sen- But, as I have come to know him and MOND and I have worked together on ator THURMOND was our chairman. his service to our country, I wanted amendments on the floor of the Senate, So, when I say I can’t remember life this morning to join all of my col- and I have been honored to do so. without STROM THURMOND I do not ex- leagues who will come this morning No matter the circumstance, I feel aggerate. He has been somebody I have and tell him thank you for his service privileged to have been able to serve at heard about, observed and admired all to our country. a time in this Senate when someone of my life. And, as other speakers have Senator THURMOND is serving in the with as distinguished a record as Sen- said this morning, and I’m sure others U.S. Senate in 1997. He was born in the ator THURMOND has compiled has been will in the course of the morning, it is year 1902. That means that Senator here. I have said on other occasions, for an honor for all of us to be associated THURMOND has spent a great deal of example, that same feeling exists with with this great American. He is truly a time in public service. He is a remark- Senator BYRD of West Virginia, who, I legend in our time and a legend that able person by any measure. am sure Senator THURMOND would goes beyond simply his longevity, his When I read a piece about Senator agree, is one of the great Senators of tenure. Certainly that is a remarkable STROM THURMOND about 4 years ago, I all times. record. I remember many of us were went up to him on the floor of Senate, I, as a young boy, watching and lis- there at his 90th birthday, when Sen- after I read the piece, and told him tening and paying some attention to June 3, 1997 CONGRESSIONAL RECORD — SENATE S5201 American politics, read about and the opportunity to serve with Senator to me—it was not Paul’s athletic prow- heard about and studied the works of THURMOND, you bring with you a sense ess—is the fact that Paul’s father, Sen- U.S. Senators. Most of those who I of awe, a sense of, how does this indi- ator THURMOND, was right there cheer- knew about when I was going to school vidual do this? But you also bring the ing him on and with the parents of the I never had the opportunity to meet perceptions that you read about in the kids that won that championship. and certainly did not have the oppor- press, ‘‘Oh, Senator THURMOND’s re- I have gotten to meet the rest of his tunity to serve with. But because of markable service, but you know he’s family, and I have gotten to see how longevity and because of the length of getting older and he perhaps doesn’t Senator THURMOND handles a very, public service given this country by have the stamina and the energy that very complex and difficult job and yet the likes of Senator BYRD, and espe- he once had.’’ Well, it does not take cares so deeply for his children and for cially Senator THURMOND, I feel pleased you long here in the U.S. Senate to re- his family. that I have come to the Senate and had alize that that perception is wrong. I know that Senator THURMOND went the opportunity to serve during my The first thing you do is you meet through probably the most difficult term with some really wonderful Sen- Senator THURMOND and you have to thing that any parent can go through, ators who have contributed a great shake his hand. And after you shake and that is the loss of a child. I know deal to this country and left this a his hand, you have to take some aspi- how much he grieved the loss of his richer place because of their public rin because your hand is going to be daughter in that tragic accident that service. sore for the next couple days, because took place. And yet, lesser people Today, I simply wanted to come and Senator THURMOND has maintained a would have been broken by that. Lesser say to Senator THURMOND on behalf of grip that few in the Senate half his age people would not have been able to re- the constituents I represent in North have. So my advice to any new, incom- cover from that. Senator THURMOND, I Dakota, thank you for your service to ing freshmen or anybody who happens think due in large part to his faith, due this country. This is a better country to run into Senator THURMOND in the to his strength of will, and due to his and a better place because you have hall or meet Senator THURMOND is, belief that despite the tragedies in our served. have a bottle of aspirin in your pocket lives, life must go on, and did go on, Mr. President, I yield the floor. because, after you shake his hand, your and did it in a spirit that is commend- Mr. President, I suggest the absence hand is going to be sore for a couple able to all of us, because we know how of a quorum. days. deeply that tragedy struck him. The PRESIDING OFFICER. The The second thing you find out about So there are so many aspects of this clerk will call the roll. Senator THURMOND is that, as Senator extraordinary man that have left such The bill clerk proceeded to call the Dole says, you watch very carefully a deep imprint on the lives of all of us roll. what he eats because you want to eat here in the Senate and clearly the lives Mr. COATS. Mr. President, I ask whatever STROM THURMOND is eating if of the people he represents in South unanimous consent that the order for you want to stay healthy. And so we Carolina and to many people through- the quorum call be rescinded. jockey to sit near him at lunch to see out the world. The impressions I have, The PRESIDING OFFICER. Without what is the secret of this man’s suc- the stories I have, the admiration I objection, it is so ordered. cess, his longevity, his contribution. have for the remarkable person that Mr. COATS. Mr. President, I am And then, if you are like me and you STROM THURMOND is is really difficult more than honored to come to the floor are someone that enjoys going down to to put into words. today to pay tribute to our senior Sen- our small, little workout facility down Initially, I was going to sit down and ator, Senator THURMOND, who has in the Russell Building, you run into write a speech, but I really wanted this achieved such an outstanding mile- Senator THURMOND down there and you to be from the heart. I really wanted to stone. ask him, ‘‘Senator, how do you get to come over here and say to my col- Last September 6, I had the privilege be the age you are and maintain such leagues and say to Senator THURMOND, of being at Oriole stadium in Baltimore good physical health? How is it pos- in my lifetime, I do not know that I to watch Cal Ripken break the con- sible?’’ And he looks at you and says, have ever met someone like you. I do secutive game record held by Lou ‘‘Well, I get up every morning and I do not know if I ever met someone who Gehrig. It was one of the most moving my stretching, do 20 minutes of showed the courage and showed the tributes in sports events that I have stretching, and then I do 20 minutes on compassion and showed the loyalty and ever witnessed or ever heard about. the bicycle, and then I’ll do some calis- showed the commitment to the people And yet, when I watched a replay of thenics, and then I swim every week that he knows and loves and to the that just the other day and understood half a mile at a time.’’ people around him and to the people of the significance of an individual who Then he looks at you and says, ‘‘If this Nation. had, through sickness and injury and you want to stay limber and you want I bet you could go back 40 years and personal concerns, established that to stay strong, you’ve got to pay the look up the pages that have served in probably never-to-be-broken record, I price.’’ And I wonder how many of us the Senate, and I will bet you every could not help but think of a similar have the will to pay the price at half one of them would say the person that individual who I have had the privilege his age that he pays at the age of 94. went out of his way to speak to me, to of serving with in the U.S. Senate who I could go on and on with these sto- make me feel welcome, was Senator has established his own record. And I ries. I had the privilege of coaching THURMOND. I bet you could go back and think that the sacrifice and the com- youth basketball here in northern Vir- talk to staffers from over the last 40 mitment and the perseverance and the ginia, and I had the privilege of having years, or interns, who have worked for dedication of Senator THURMOND really on my team young Paul Thurmond. Senator THURMOND and hear such re- can only be compared with that of Cal And so here I am in my forties—my son markable praise from them about the Ripken—two extraordinary individuals is on the team along with Paul Thur- privilege they had of serving and work- who have set their mind to a task and mond—and Paul Thurmond’s father is ing for him in the Senate. You could not allowed anything to come in the considerably older than I am, and yet talk to any of us who have served with way of performing that task and there he is in the stands right behind him and we talk about STROM almost achieving the goal that they have where I am coaching, watching those in awe. How does this man keep doing achieved. games and cheering his son on, who is it? How are we possibly going to have Of course, serving in the House of a remarkable athlete, now a nationally the energy and passion for the job Representatives, all you really know ranked tennis player, I think, at Van- when we become the age, or we hope to about Senator THURMOND is the legend. derbilt. become the age, that Senator THUR- You know he is a legendary figure who We won the championship of that MOND has become—a unique person, a has provided extraordinary service to league, and in no small part due to the remarkable record, something that I do his country and serves as a distin- terrific contributions of young Paul not think will ever be broken. guished Member of the U.S. Senate. So Thurmond, who is now quite a young I just want to say to him today what when you come to the Senate and have man. But I think what is remarkable a great privilege it has been for me to S5202 CONGRESSIONAL RECORD — SENATE June 3, 1997 serve with STROM THURMOND, what a mark, service that began when I was in I, therefore, join with all who pay great example he has provided to me grade school in the sand hills of Ne- tribute to STROM THURMOND. I thank and to my family, how much I admire braska. STROM THURMOND came to this him for his service to our country. I him, and how much I want to congratu- body when there were only 48 stars on thank him for his repeated reminders late him for his remarkable service. the American flag. He has served with to us and the Republican conference of Now, the standing story here, and nine Presidents of both political par- the first constitutional responsibility said with all seriousness, is when is ties, and his leadership has spanned that we have—to provide for the com- STROM going to start preparing for the five decades with tremendous change in mon defense. As the chairman of the next election? We just had an election, American culture, society, and govern- Senate Armed Services Committee he but no one is about to say that STROM ment. STROM THURMOND is part of does that ably, and I, for one, hear his THURMOND is serving in his last term. American history. message and am anxious to support This man of such a remarkable con- This freshman, 6-month-old, humble him in providing a strong national de- stitution continues to give fine rep- Senator from Nebraska, wishes to fense. resentation to the people that he has thank Senator THURMOND for the op- I just had occasion to travel with the represented for so long. portunity to learn from his experiences President of the United States to Eu- Mr. President, I have another dozen and his leadership. I wish to add my rope where we witnessed the signing of stories illustrating the impact of this commendation to Senator THURMOND the Russia-NATO agreement. I also fine southern gentleman on this insti- for his dedication, his commitment to participated in the ceremonies for the tution, but others will recount many of our Nation. I admire the strong exam- 50th anniversary of the . those. I just want him to know he has ple he has set for all of us, especially These are great contributions that made a lasting and deep impression on our young people. Mr. President, in a America is making to world affairs and me and it has been one of the highest day when we do not have enough strong to peace. It occurs to me that none of honors and deepest privileges of my role models in this country, Senator this would have been possible absent a time in the Congress to be a friend and THURMOND is one. He is an example of strong national defense. Indeed, provid- associated with and to work with the a life well lived. He is a true American ing for an American role in leadership, Senator from South Carolina, Senator role model, an American hero. because we as Americans understand Senator THURMOND is the highest THURMOND. our international responsibility and I yield the floor, and I suggest the ab- ranking 95-year-old in the Nation, as understand that the world looks to us. far as I know, Mr. President. My only sence of a quorum. Indeed, it looks to leaders like STROM request is that I hope that during my The PRESIDING OFFICER. The THURMOND to support our military time in the Senate I may conduct my- clerk will call the roll. services in making sure that we are the self in such a way that Senator THUR- The bill clerk proceeded to call the leaders of peacefulness throughout this MOND will remember me as his col- roll. very hostile and difficult world. league and friend long after I have de- Mr. HAGEL. Mr. President, I ask Senator THURMOND, I come to the parted this body and Senator THUR- unanimous consent that the order for Senate today to say thank you. I never MOND is still presiding. the quorum call be rescinded. served in the military and I suppose The PRESIDING OFFICER. Without Mr. President, I thank you for your time. I once again commend my col- every man would like one day to have objection, it is so ordered. his grandson ask him, ‘‘What did you Mr. HAGEL. Mr. President, I rise this league and my friend, the distinguished chairman of the Armed Services Com- do in the war, Grandpa,’’ and I will not morning to be one of many to pay trib- be able to say I served in battle like ute to our distinguished senior Senator mittee and a most distinguished Amer- ican. you did, but in a sense here in the U.S. from South Carolina. Senate we go to war every day, but no- Mr. President, I, like all of Senator Mr. President, I suggest the absence of a quorum. body dies, because we have found a way THURMOND’s colleagues, feel it is a The PRESIDING OFFICER. The in this country, in this deliberative privilege to serve with the distin- clerk will call the roll. body, to fight without bloodshed. It guished Senator, the man whom the The bill clerk proceeded to call the will be my great pleasure that when Almanac of American Politics calls roll. my grandson sits on my knee and asks ‘‘the most enduring figure in American Mr. SMITH of Oregon. Mr. President, what did I do to contribute to the pub- politics.’’ I ask unanimous consent that the order lic life of this country, one of the As you and I both know, Mr. Presi- for the quorum call be rescinded. things I will say is I served with Sen- dent, because you and I are both new The PRESIDING OFFICER (Mr. ator STROM THURMOND. Members of this body, we are quickly HAGEL). Without objection, it is so or- Thank you, sir. I salute you and I learning what it means to serve in the dered. commend you and I want to say pub- U.S. Senate. So it is with genuine re- Mr. SMITH of Oregon. Mr. President, licly it is a high honor and a great spect that I reflect upon STROM THUR- I would not be surprised if Senator privilege to serve as your colleague in MOND’s many, many, many years of THURMOND did not even know my this body of the U.S. Senate. service here in this body, the votes he name, and there is no reason that he Mr. President, I note the absence of a has cast, the issues he has debated and should. He had served in this body and quorum. the people he has known, and the his- had run for President before I was ever The PRESIDING OFFICER. The tory that Senator THURMOND has born, and I want him to know that I clerk will call the roll. helped shape. was uncomfortable in presiding here in The bill clerk proceeded to call the STROM THURMOND was serving Amer- seeing time pass by with too few people roll. ica for more than a decade before, you, rising to pay tribute to his name and Mr. THOMPSON. Mr. President, I ask Mr. President, were born, or before I the heritage of political service he unanimous consent that the order for was born. He landed at Normandy on D- leads to this country. the quorum call be rescinded. Day. Many people do not know that I, as a little boy, moved with my fa- The PRESIDING OFFICER. Without Senator THURMOND was a legitimate ther and mother from Pendleton, OR, objection, it is so ordered. hero of World War II. He was jumping to Washington, DC. My dad worked for Mr. THOMPSON. Mr. President, I out of planes not at the age of 21, but Dwight Eisenhower, and as a little boy rise today to offer a few words of con- far beyond those tender young ages. He I became interested in political affairs gratulations and tribute to a great landed at Normandy on D-day. He was and public life, and for all of the mem- man. a State legislator, a Governor, and a ory of my life I remember hearing the When the history of American poli- candidate for President of the United name of STROM THURMOND. I remember tics is written, somebody needs to put States, all before he came to the U.S. him as a Democrat. I remember him as in a pretty good chapter just about Senate. a Republican. I remember him always Senator STROM THURMOND. This gen- However, it has been his service in following the dictates of his conscience tleman has seen and lived history as the U.S. Senate that has made STROM in pursuing issues as he saw them to be very few people have. He fought on the THURMOND’s boldest and most enduring right. beaches of Normandy at the age of 41. June 3, 1997 CONGRESSIONAL RECORD — SENATE S5203 His grandfather fought in the Civil The PRESIDING OFFICER. The every man and woman in uniform can War. And his long and dedicated serv- clerk will call the roll. look to with great pride knowing how ice in the U.S. Senate deserves our The bill clerk proceeded to call the much he cares for them and the duty honor today. He is both the oldest liv- roll. that they are called upon to carry out. ing and the longest serving Senator in Mr. KEMPTHORNE. Mr. President, I My colleagues know the strength of U.S. history. ask unanimous consent that the order Senator THURMOND’s convictions which Like many of my colleagues, he has for the quorum call be rescinded. can be measured directly by his grip on made a run for the Presidency. That is The PRESIDING OFFICER (Mr. STE- your arm as he discusses those issues not so uncommon. But Senator STROM VENS). Without objection, it is so or- with you. Senator THURMOND has never THURMOND ran against President Harry dered. been afraid to stand up for his prin- S Truman. That is a little bit different. Mr. KEMPTHORNE. Mr. President, ciples and what he believes in, no mat- Senator THURMOND’s life has been today it is a great honor for me to join ter how the political winds may be spent in public service. He has known in this tribute to a remarkable man blowing. every President since Franklin Roo- who has established a remarkable ca- In recognition of his career and his sevelt. He has been a county super- reer, Senator STROM THURMOND. character, the people of South Carolina intendent of education, State senator, Senator THURMOND has served Amer- have elected STROM THURMOND seven Governor, circuit judge. He has been a ica as a teacher, as an athletic coach, times to represent them as their Sen- schoolteacher, a coach. He has worked an attorney, a judge, an Army officer, ator, including the first time in 1954 as on a farm, and has even been a motor- a war hero, a State senator, a Gov- a write-in candidate. cycle rider, like my friend Senator ernor, a Presidential candidate, a U.S. CAMPBELL. Senator, and, perhaps most impor- Mr. President, when we think about Senator THURMOND is one of South tantly, a father and husband. this remarkable life of Senator STROM Carolina’s most successful exports, and What an honor it is to serve with THURMOND, who was born in the year clearly their favorite son. Senator THURMOND in the U.S. Senate. 1902, think of all of the changes that I think it is worth noting that as I mentioned his role as father and have taken place in this country of times have changed, so has Senator husband. Mr. President, I am sure you ours, all of the advances in technology, THURMOND. When you look back on his have seen also, on those occasions all of the changes in the progress, the life, you see a pretty good reflection of when we are all together with our fam- achievements of this Nation, of the the way he lives. The views of many ily members, the wonderful pride that world, here is a man who has seen it Americans have changed in this cen- you see in the eyes of STROM THURMOND all. Here is a man, though, who has ab- tury. I think it is a good thing to know when he introduces his children to us, solutely remained current. I hope that Senator THURMOND, because his exam- when he talks about some of the great as I continue my life I can continue to ple shows us how someone who serves accomplishments of his children, and be contemporary. When STROM THUR- the public can adapt to the times while the twinkle in his eye when he talks MOND goes back to the wonderful State still living by his core principles. about his family. of South Carolina, it is the young peo- STROM is a fair man, a kind man, who While serving, Mr. President, in a va- ple who identify with him as well. Here steadfastly believes in what he says. He riety of these capacities, it was as a is someone they admire and look to. believes in the rights of the people he circuit judge when war with Germany Here is a man who because of his in- represents to conduct their lives as broke out. As a judge, Mr. President, quisitive mind, because of his wonder- they see fit. He has fought for that for he was exempt from military service. ful sense of humor, his energy for life, years, and I think that is extremely But STROM THURMOND, as soon as war and his unending love for his country, noteworthy. It is among the highest was declared with Germany, traded in people of all ages admire. obligations that elected officials can We need the STROM THURMONDs of uphold. that robe for the uniform of the U.S. this country because it is the STROM But aside from all the history, I military. Recently, we celebrated the 50th an- THURMONDs of this country who are the think what Senator THURMOND most role models for the rest of us. At some wants to be noted for today is what he niversary of World War II. We think point when I conclude my career in the sought to do throughout his life; and about all that that meant. And, for Senate, one of the things I will be able that is, there is no denying that this many of us, we had not even been born to look back on is that I had the great man is unendingly thoughtful and is at that point—World War II. One of the honor of serving with Senator STROM faithful to his friends and family and key, key events of World War II was D- THURMOND. the people around him. day, the invasion. And it was on that There aren’t too many folks in South day that this former circuit court Senator THURMOND, as a citizen, I Carolina who do not have a firsthand judge joined in the invasion of the oc- thank you for all that you mean to the story of Senator THURMOND picking up cupied territory, and, in a glider, went United States of America and God bless the phone to offer congratulations or behind enemy lines and fought for his you. to offer condolences, and getting a note country. Because of that, Senator Mr. President, I yield the floor. in the mail where he expresses his con- THURMOND received 5 battle stars and The PRESIDING OFFICER. In my cern or his interest in something that 18 decorations, including the Purple capacity as a Senator from the State of has happened in the life of a family. Heart and the Bronze Star for valor. Alaska, I suggest the absence of a I think that is the mark of the best And we see that valor every day here in quorum. The clerk will call the roll. kind of public service. You don’t forget the U.S. Senate. The assistant legislative clerk pro- that at the end of the day what mat- Senator THURMOND set a record for ceeded to call the roll. longevity of service in the U.S. Senate. ters is the people you can count as Mrs. HUTCHISON. Mr. President, I friends. And people remember their But it is his record of accomplishment, not just the length of service, that ask unanimous consent that the order friends. They respect a true leader who for the quorum call be rescinded. sticks by his guns. Regardless of your makes his career legendary. The PRESIDING OFFICER. Without politics, that is the kind of respect any It is my distinct pleasure and honor objection, it is so ordered. public servant strives for, and it is the to serve with STROM as my chairman mark of a true statesman and a true on the Senate Armed Services Commit- Mrs. HUTCHISON. Mr. President, I gentleman, and, in this case, a true tee. thank you for presiding at this very Southern gentleman. As chairman of the Senate Armed important morning of celebration. We I have read that my colleague wants Services Committee, Senator THUR- are here to talk about someone who is to be remembered as a man who is hon- MOND is a tireless advocate of a strong truly remarkable—our distinguished est, patriotic, and helpful. I am here to defense, a strong America, and the men colleague, the President pro tempore of tell you that he is all three. and women who volunteer to wear the the Senate, the Senator from South I thank the Chair. uniform of the United States, and with Carolina, STROM THURMOND. Mr. President, I note the absence of a his distinguished, distinguished service Pablo Picasso once said it takes a quorum. in the military here is a man who long time to grow young. This is one S5204 CONGRESSIONAL RECORD — SENATE June 3, 1997 point on which STROM and Picasso mous gesture he has announced that he THURMOND. I saw this episode repeated would agree. Picasso was still a painter will not run for reelection in 2002. We on another occasion. at the age of 92, and of course, we all think that really is magnanimous be- I noticed a remarkable excitement know what STROM THURMOND is doing cause there are few South Carolina which young people enjoyed when run- today. He is leading our Nation. politicians who would have the energy ning with STROM THURMOND. This ex- STROM often reminds me that Col. to take on the man that we have affec- citement is not restricted to mis- William Barrett Travis, the com- tionately dubbed ‘‘The Thurmonater.’’ cellaneous strangers that STROM met mander at the Alamo, was from He began his career in public service across the country. Last summer, I STROM’s home county in South Caro- as a coach in 1923, and 74 years later he found that STROM’s son, Paul, was a lina. Although STROM missed the Bat- remains a coach and teacher to all of member of my fraternity, Beta Theta tle of the Alamo by a few years, he has us. Pi, and that several of his fraternity displayed the spirit of the Alamo time Senator THURMOND, it is a pleasure brothers were interns in Senator THUR- and time again—the sense of duty and and an honor to work beside you, and I MOND’s office. I invited them to lunch commitment to freedom that made wish you continued success in a long in the Senate dining room where, mid- Colonel Travis such a hero at the and healthy life that I know you will way through our meal, STROM entered Alamo. have. with constituents from South Carolina. He was commissioned in the Army in Mr. President, I yield the floor and I I was deeply touched while watching 1924, and though he didn’t need to, he suggest the absence of a quorum. Paul greet his dad and the constituents volunteered for service in World War II The PRESIDING OFFICER. The and indicate to all the importance of at the age of 40. He wanted to. He clerk will call the roll. the reelection campaign in which the served in both the Pacific and the Eu- The assistant legislative clerk pro- entire family was heavily involved. ropean theaters and landed in a glider ceeded to call the roll. Paul critiqued STROM’s early morning on the beach at Normandy on D-day. Mr. LUGAR. Mr. President, I ask TV appearance and the current stress He earned 18 decorations, including the unanimous consent that the order for of various activities, giving his dad ad- Legion of Merit, the Purple Heart, and the quorum call be rescinded. vice. Then Paul and his fraternity the Bronze Star for Valor. He remained The PRESIDING OFFICER. Without brothers shared with me great stories in the Army Reserve. He retired at the objection, it is so ordered. The Senator about their experiences with STROM, rank of major general, following 36 from Indiana is recognized. including his intense interest in their years of active and reserve military Mr. LUGAR. Mr. President, the cele- daily activities. service, nearly 40 years ago. bration of the life and recordbreaking All of us know from our daily visits I remember something that made Senate career of Senator STROM THUR- with STROM THURMOND on the floor of such an impression on me in 1994 when MOND gives each of us an opportunity the Senate that he greets each of us I was a new Member of the Senate. We to underline strengths of our friend and warmly. He is excited by these encoun- were celebrating the 50th anniversary our colleague which we should emu- ters, almost as if it were the first time of the landing at Normandy in 1944. I late. Senator THURMOND is the oldest of in a long while that he has seen us. In remember hearing—in absolute awe— our colleagues, but my most vivid visiting with these young men who that one current Member of Congress memories of him have often involved were interns in his office, and later who landed at Normandy, STROM THUR- his interaction with young people. with my own son, David Lugar, who MOND, was to be honored. He missed the During a trip to military installa- had a wonderful conversation with anniversary, and I remember thinking tions early in my Senate career, I STROM at a fundraising reception, I to myself how extraordinary his reason learned much about successful con- found a common theme. STROM, obviously, is invigorated by was. STROM THURMOND, who volun- stituent relationships from STROM. teered at the age of 40, and who landed Even while on the road, STROM THUR- his meetings with young people, and he has much to say to them about suc- on a glider at D-day, missed the 50th MOND was receiving the names of South cessful patterns of living. His political anniversary because he had a son grad- Carolinians who had recently died, instruction is surely world class, and I uating from high school. This is an ex- were married, or enjoyed personal hon- suspect that all of us recognize the traordinary man. He has served as a ors such as graduation or academic rec- power of a truly disciplined life that State senator, a circuit court judge, a ognition. With the assistance of his has been lived with the setting of im- Governor, a soldier in time of war, a able staff, STROM obtained daily lists of portant goals and the sustained activ- Presidential candidate, and now is the names and placed telephone calls, ity necessary to achieve them. oldest and longest serving Senator in through his Washington office, to at least 2 dozen of these persons, accord- Very fortunately, STROM has not only our Nation’s history. set a record for longevity of service in It was my pleasure to serve with ing to my observations, leaving appro- the Senate, he is still among us, giving STROM THURMOND on the Armed Serv- priate messages when necessary. He encouragement each day and inspiring ices Committee, and I can say as one displayed the greatest excitement over the best of our efforts. I am very grate- who was there, he worked for only one students and could often identify their ful for the privilege of serving with purpose: To ensure our country’s na- parents and their grandparents as he shared pride in the accomplishments of him. tional defense remained strong. During Mr. President, I suggest the absence the entire family. his last campaign, Senator THURMOND of a quorum. asked the people of South Carolina one Upon arrival at one naval base that The PRESIDING OFFICER. The simple question: Who can do more to shall remain nameless, STROM dem- clerk will call the roll. help steer the future of America to- onstrated another attribute, which has The assistant legislative clerk pro- ward the conservative principles we be- been partly responsible for his longev- ceeded to call the roll. lieve in? Who can best continue to dili- ity of Senatorial service. We were Mr. HATCH. Mr. President, I ask gently and effectively help all the peo- greeted by the naval captain who com- unanimous consent that the order for ple of South Carolina? The people of manded the base and, after just a few the quorum call be rescinded. South Carolina spoke resoundingly words of conversation, STROM indicated The PRESIDING OFFICER. Without that the person was STROM THURMOND that it was 4:30 in the afternoon, he had objection, it is so ordered. and returned him to the U.S. Senate. been traveling for hours, and he wanted Mr. HATCH. Mr. President, I rise We are here today to honor their to jog around the base. He invited the today to join in honoring a legend, a choice and their confidence in this gen- astonished commanding officer to join legend not just in the Senate but also tleman. him for the run and strongly insisted throughout the United States of Amer- STROM has announced that it is, after that this would be an excellent oppor- ica. all, a man’s prerogative to change his tunity. As negotiations on the running I have been privileged to serve with mind. He has announced that he will no assignment proceeded, the captain suc- Senator THURMOND for 21 of the last longer support continual service with- cessfully pled the press of urgent duties nearly 42 years that he has represented out term limits. So, now that he has and encouraged a young ensign to suit the State of South Carolina as one of embraced term limits, in a magnani- up for running duty with Senator the premier U.S. Senators in this body. June 3, 1997 CONGRESSIONAL RECORD — SENATE S5205 When I first arrived in January 1977, today. But I have no greater friend The PRESIDING OFFICER. The Senator THURMOND was my special than my good friend from South Caro- clerk will call the roll. mentor. As my senior on the Senate lina, STROM THURMOND. The assistant legislative clerk pro- Judiciary Committee, he gave me my He has been my mentor. He has been ceeded to call the roll. first lessons of the committee’s proc- my friend. He has been my supporter. Mr. DASCHLE. Mr. President, I ask esses. Ever since then, he has been a He has been a person who has taken unanimous consent that the order for personal and very special friend to me. time to help me to know the ropes the quorum call be rescinded. I have admired Senator THURMOND’s here. And he is a human being who you The PRESIDING OFFICER. Without strong commitment to federalism and cannot help but respect. objection, it is so ordered. his steadfast support of the preroga- I am proud that he has not lost a Mr. DASCHLE. Mr. President, in his tives of both State and local govern- step. This man is as effective today as thought-provoking book, ‘‘The Faith ments. I have admired his toughness in when I got here in 1977, in fact, in some We Have Not Kept,’’ Senator STROM the matters of criminal justice. I have ways maybe even more effective be- THURMOND writes: admired his objectivity and fairness cause of the additional 21 years of expe- The nation that ceases to expand its con- when it comes to matters concerning rience that he has been able to accu- sciousness begins to die at that very mo- the judiciary. There can be no question mulate. ment. Once a nation loses its conviction of that Senator THURMOND has left his Senator THURMOND has been good to truth, doubts, and self-doubts rob it of its mark on the Senate Judiciary Commit- his staff. He is good to the people will and its strength. tee and the laws created by it. around the Senate. I have seen him During his 41 years and 10 months in Nearly 42 years of distinguished serv- shake hands with almost everybody the U.S. Senate, Senator STROM THUR- ice in the U.S. Senate would be a life- who comes his way. He takes time with MOND has certainly helped ensure that time accomplishment for anybody— young people, children, older people, this great Nation continues to expand certainly for most people. But Senator whoever. He stops and says hello and its consciousness and to ensure that we THURMOND was just warming up when always has a cheery salutation for peo- never lose the conviction of truth. In he arrived here for the first time in ple as he serves in the Senate. so doing, he has helped our Nation con- I also know that there is nobody in 1955. Before that he was county super- tinue to thrive and prosper and build the Senate who knows more about his intendent of schools, county attorney, its will and its strength. State and the people therein than circuit judge, D-day hero with the 82d For these reasons, we admire as well STROM THURMOND. I have seen him Airborne, Governor of South Carolina, as honor the man who this past Sun- make phone calls to his State. I have and Presidential candidate in 1948. day, on May 25, became the longest seen him worry about funerals, about The problem with using the word serving Senator in the history of the deaths, about graduations, about edu- ‘‘legend’’ is that many times the ex- United States. cation, about so many things that real- ploits ascribed to a legendary figure From the start, I want to make it ly have been important for people in are exaggerated or apocryphal. But it clear I have not always agreed with the his State. I think it is probably true is entirely safe to say that Senator senior Senator from South Carolina. In that he has basically touched the lives THURMOND is a legend. His accomplish- fact, we probably disagreed more than and the hearts of virtually everybody ments and contributions both for his we have agreed. in the State of South Carolina. But it beloved home State and his country But I also want to make clear that is also true that he has touched the are very well documented. And a lot of my disagreements with him have never hearts of many of us throughout the once diminished my admiration for us are very familiar with them. rest of the country. him as a man, as a lawmaker, and as I will never forget his trip to Utah in And I for one am a better person be- an American. Never once have our dif- 1991 to keynote my Utah Seniors Con- cause of my relationship and the ference. About 1,000 seniors from all friendship and brotherhood that I have ferences reduced my respect for his te- over the State of Utah and the inter- nacious fights for the causes in which with STROM THURMOND of South Caro- mountain West gathered in Salt Lake lina. he believes and his adherence to what City for a day of workshops and speak- He is a great man. He is a legend. he has called the bedrock for all our ex- ers on everything from retirement fi- And I believe that he is going to make pectations, the Constitution of the nances to travel bargains. Senator these next number of years the most United States. THURMOND is quite a role model. His important years of his life. And if any- This historic achievement is another enthusiasm for his work, his family, body can do it, it is my buddy, my important milestone in the life and ca- for his country, and for life itself was friend, my mentor, STROM THURMOND. reer of a man who has become a politi- genuine and infectious. Our people in So I would have felt badly if I had cal icon of the South—a life and a ca- Utah were so impressed, that he gave not gotten over here and at least said a reer that has included: them so much to live for, so much to few of the things that are on my mind. Being the first and only person to be strive for, so much to try to be, that I I could go on for hours. But this is a elected to the U.S. Senate on a write- will never forget that appearance out great man, one of the greatest that has in ballot; there in Utah. ever lived in this country. He is a great Delivering the longest speech in the We have been together on so many patriot, somebody who really loves this history of the Senate, 24 hours, and 18 occasions and we have done so many country and has given blood for it. minutes; and, things together that I think I am in a I want you to know, Senator THUR- Being the oldest person to have ever special position to say how much I care MOND, I appreciate you. And I know I served here in the Senate. for this wonderful human being and am not supposed to refer to you in the One might be inclined to think that how proud I am that he has reached first person on the floor, but I am being a Federal lawmaker is all that this milestone in the U.S. Senate. I am going to today. I appreciate you and STROM THURMOND has ever done. Actu- not sure that it will ever be broken. appreciate the kindness and the friend- ally, he has done a few other things. He Senator THURMOND is one who will ship you have shown me all these has been a farmer, a lawyer, a teacher, leave a legacy not only of achievement years. And we are going to be friends a coach, an education administrator, a but of honor and integrity to the Sen- forevermore. So I am grateful to you judge, a Governor, a State senator, and ate and the people of South Carolina. and I am happy to see you achieve this an author. He is a soldier—a distin- But, of course, it is premature to think honor. And I wish you many, many guished veteran of World War II who that the latest milestone is the last more years in the U.S. Senate. And I participated in the D-day invasion and milestone. I do not believe STROM know that as long as you will be here, has been awarded 5 military stars and THURMOND is finished yet. that you will give it everything you 18 decorations. He has been a Demo- I have a lot of friends in the Senate, have. crat, a Dixiecrat, and a Republican. and I care for all of them. This is a Thank you, Mr. President. What a life. wonderful body. It is a collegial body. I yield the floor. What a career. It is an important body, the most im- Mr. President, I suggest the absence In addition to the skill and intellect, portant legislative body in the world of a quorum. the doggedness and drive, and the other S5206 CONGRESSIONAL RECORD — SENATE June 3, 1997 attributes that make for an outstand- The PRESIDING OFFICER. The Sen- There are many other characteristics ing senatorial career, Senator THUR- ator from New Mexico. that other Senators will speak of. They MOND’s historic achievement marks the Mr. DOMENICI. Mr. President, I ask are all well deserved. I am here to career of someone: unanimous consent that the order for speak of my own evaluation: a gen- Born before the birth of aviation— the quorum call be rescinded. tleman, a true and loyal American, and the year before the Wright brothers The PRESIDING OFFICER. Without a team player. That is how view him. took off in their plane at Kitty Hawk; objection, it is so ordered. That is how I think many will view Elected to his first political office Mr. DOMENICI. Mr. President, I have him they look at his great accomplish- while Calvin Coolidge was President; served in the Senate for 25 years. Obvi- ments and marvelous life. Who began serving in the Senate be- ously, when compared with Senator I yield the floor. fore some of its current Members, in- STROM THURMOND, I do not even have Mr. FAIRCLOTH addressed the cluding this one, were born; and any bragging rights yet. Chair. Who has served with about one-fifth I thought I would come down here to The PRESIDING OFFICER. The Sen- of the 1,843 men and women who have remark, for the Senate record and for ator from North Carolina. been Members of the U.S. Senate. the distinguished Senator THURMOND, Mr. FAIRCLOTH. Mr. President, I For his long and distinguished ca- on a few of my thoughts about my 25 rise to congratulate my good friend, reer, the people of South Carolina are years here, and what I remember most colleague, and neighbor, STROM THUR- naming much of that State in Senator about Senator THURMOND. Rather than MOND. THURMOND’s honor. Go to almost any talk about legislation, I will talk about Mr. President, I cannot say much town in his beautiful and beloved State some of his qualities and characteris- that has not already been said about and you will find Strom Thurmond tics that stand out most in my mind. Senator THURMOND. When I think I guess the most immediate thought Street or Bridge. You will similarly about the life of STROM THURMOND, his find named in his honor a high school that comes to mind is that he is a real life is literally a chapter of American in Edgefield County, a student center gentleman. I think when you have been history. such an acclaimed, esteemed political at Baptist College, a dormitory at Win- STROM was born in 1902. This was the leader for as long as he has, it is a rare throp College, a criminal justice build- year before the Wright brothers did quality and rare compliment that you ing at the Greenville Technical Col- their first flight. He has lived through can say he has never stopped being a lege, a Federal building in Columbia, four wars, and was a war hero in one of gentleman. By that, I mean he is con- the Center for Excellence in Govern- them—World War II. He was at Nor- siderate of everyone. He visits more ment at Clemson, an auditorium at the mandy in June of 1944 when we liber- people and attends more events to University of South Carolina School of ated Europe. honor other people, than anyone I Law, a mall in Columbia, and a voca- A funny and personal note, quickly: know, and he does it with great enthu- tional rehabilitation center in Aiken. After I came to the Senate, STROM said siasm. He attends events, whether for to me on the floor one day, ‘‘What year You will also find Strom Thurmond the chairman of the Appropriations were you born?’’ I told him I was born Lake, Dam, and Highway in Clarks Committee or a brandnew Senator—he in 1928, which made me pretty old. He Hill, the Strom Thurmond Educational puts it on his list and he spends an looked at me and said, ‘‘That was a Center in Union, the Strom Thurmond hour to an hour and a half, 3 or 4 nights good year. That was the year I was Biomedical Research Center at the a week, attending events to honor or county superintendent of education.’’ Medical University of South Carolina, help other people. It is absolutely be- and the Strom Thurmond Defense Fi- yond belief how much energy and time So I felt young again. I congratulate him as the longest nance and Accounting Building in he spends on other people. Charleston. Second—and I hope this characteris- serving Senator in the history of the His office walls are covered floor to tic is never passe, I hope it is always United States. I can think of no one ceiling with awards too numerous to important—I believe he is about as more fitting than STROM THURMOND to mention. The people of South Carolina loyal an American citizen as I have hold this honor. He has devoted his en- are obviously pleased and proud of ever worked with, as I have ever ex- tire adult life to serving the people of their man in Washington just as we are changed views with, and that I have the United States and the people of pleased and proud to have him here ever been privileged to call friend. By South Carolina. with us. being a loyal American, what I mean is He first became a State senator in It is interesting to note that the old- he is constantly asking what is good 1933, which was a pretty long time ago. est and longest serving Member in Sen- for America. When he speaks about our And he served as Governor from 1947 ate history has announced his support national defense, you just know he until 1951. He ran for President, and for term limits. After six decades in po- loves this country. That is what I mean was a lot closer to being elected than litical office and four decades in the when I say he is a true, loyal Amer- most people realized. But, more appro- Senate, this may be the only way that ican. He is a patriot. He has served priately, they elected him to the Sen- he will ever leave the Senate. America and his constituents in his ate in 1954 as a write-in candidate—so One of his staffers aptly pointed out State in more capacities than anyone far as I know, the only write-in can- that ‘‘graveyards in South Carolina are in this institution will ever be privi- didate ever elected to the Senate. And filled with people waiting for STROM leged to serve. Yet, he is always opti- they have reelected him ever since, as THURMOND to die so they could run for mistic and he is always sure and cer- both Democrat and Republican. the Senate.’’ tain that this country—that he loves so As his neighbor from North Carolina, Mr. President, I congratulate Sen- much—is one of the great achieve- I say to all South Carolinians that ator STROM THURMOND for his remark- ments of all humankind. He speaks of they should be proud, and I know they able career and his historic feat, be- it as something that we ought to be are proud of Senator THURMOND. coming the longest serving Senator in proud of, that we ought to preserve. Senator THURMOND is a man of deep U.S. history. I thank him for his con- Mr. President, my last observation faith, and he truly has the courage of tributions to the U.S. Senate, for his about STROM THURMOND is that he his convictions. In his long career, I contributions in making this a better knows how to be a team player. have never heard anybody question his country, and for being a friend and a You know, it is entirely possible that integrity or his dedication to public colleague. Finally, I thank him for ex- a man of his exquisite accomplish- service. In this day and age of attack panding the consciousness of this great ments and seniority wouldn’t have to politics, STROM THURMOND is forever Nation and ensuring that we never lose be a team player. But I can tell you, as the gentleman. His manner should be a our conviction of truth. one who has had to manage a large role model for aspiring politicians and I suggest the absence of a quorum. number of very, very tough measures Senators. The PRESIDING OFFICER (Mr. SES- on the floor of the Senate, STROM Further, I can think of no one in the SIONS). The clerk will call the roll. THURMOND is one of the best team play- Senate who I would rather have as The assistant legislative clerk pro- ers when he believes you are trying to chairman of the Armed Services Com- ceeded to call the roll. do is something good for the country. mittee. He is a veteran, he is a war June 3, 1997 CONGRESSIONAL RECORD — SENATE S5207 hero, and he is a man of unwavering in- term that brings more Senators, soon He has been in some battles. He has tegrity and commitment to the causes learn. If you want to see what a Sen- been in some battles with me. But I he believes in. And one of those prin- ator should act like, should be like, will tell the Senate that no one in the cipal causes is a strong national de- you should emulate the Senator from Senate could have a better friend than fense. He is a man of principles, and South Carolina. As a matter of fact, STROM THURMOND. I am proud to be one of those principles, I again repeat, my brother, Bob, lives in South Caro- here today to call him my friend and to is a strong national defense. It is the lina. When he speaks of ‘‘my Senator,’’ acknowledge his great leadership. one identifying characteristic, if no he is talking about Senator THUR- Thank you, Mr. President. other, of STROM THURMOND. MOND—not me—because Senator THUR- Mr. SMITH of New Hampshire. Mr. I know that he will not let anyone MOND is a real champion of the people President, I rise to join my colleagues ever weaken the national defense sys- of his State. They know him person- in paying tribute to the distinguished tem as long as he is chairman. And I ally. President pro tempore of the Senate, hope he remains chairman for a long It was my privilege in one election to the senior Senator from South Caro- time to come. accompany Senator THURMOND to lina, Senator STROM THURMOND. Mr. President, I thank STROM THUR- South Carolina and to go to campaign Senator THURMOND was born at the MOND for his service, and as a nation we events with him. I want the Senate to dawn of the 20th century, on December thank STROM THURMOND for his service. know, if they want to learn how to 5, 1902, at Edgefield, SC. He has lived Our veterans and men in uniform campaign, that they ought to try that. nearly every day of this tumultuous throughout the country are aware of Because when Senator THURMOND goes century. what he has done, what he represents, into an event—and we went to several Mr. President, I take particular in- and he still has the strong support of on that trip that I made with him to terest and pride in Senator THURMOND’s them. South Carolina—he does not need early career. After graduating from I look forward to continuing to serve someone standing beside him to remind Clemson University in 1923, Senator him who people are. He loves cam- with Senator THURMOND far into the fu- THURMOND embarked on 6 years of serv- ture. paigning. You can tell that he knows ice as a public school teacher and ath- I thank you, Mr. President. his people, and they love him because letic coach. Mr. President, that is how The PRESIDING OFFICER. The Sen- it is a reunion. Each one of his cam- I began my own career after my own ator from Alaska. paign events are reunions. They are graduation from college. Mr. STEVENS. Mr. President, I have not just something to go to, to try to Senator THURMOND subsequently been an occupant of the Chair and lis- listen to; they are supporters coming served as his home county’s super- tened to many statements now con- to meet their Senator. There is a great intendent of education from 1929 to cerning my good friend from South difference, Mr. President. I think we all 1933. Carolina. So I am not going to repeat know that. Having studied law at night under But time passes very quickly in the some of the matters concerning Sen- the tutelage of his father, Senator Senate. It passes quickly for those who ator THURMOND’s personal background. THURMOND became a member of the are busy. Some people come and leave I would like to just discuss some of the South Carolina Bar in 1930. He was a very quickly because they never really memories I have of this great Senator. city attorney and county attorney become part of the Senate family. Sen- It is a matter of coincidence, I guess, from 1930 to 1938. ator THURMOND has been a leader not but Senator THURMOND came to the In 1933, STROM THURMOND was elected only in the Senate, but here on the Senate by appointment on December State senator, an office that he held floor and in the Senate family. 24, 1954. I came to the Senate by ap- My daughter, Lily—this is Uncle until 1938. He next served as a South pointment on December 24, 1968. I Carolina circuit judge from 1938 to 1946. STROM to her. I think for almost every thank the Parliamentarian for assist- one of us who have had young children It has been my honor, Mr. President, ing me in finding those dates. When I here in the Senate, they have had that to have served on the Armed Services came to the Senate, Senator THURMOND Committee with Senator THURMOND same relationship to Senator THUR- was 22d in seniority. It is an interest- since I was elected to the Senate in MOND. She literally lights up when she ing thing that he is now the first in sees STROM because she is meeting a 1990 and, for the past more than two line, and, on our side, I am now the sec- friend. He really vibrates with young years, under his able leadership as ond. people. And I like that as a father. But chairman. Given that connection, I A great many people have come to I also admire it greatly in terms of his want to call special attention to Sen- the Senate, and left, since the first day qualities and the way he approaches ator THURMOND’s heroic service in that I came to the Senate and joined life. World War II. Senator THURMOND. But it was with I was thinking, as I sat there in the Mr. President, in June, 1944, STROM great interest that I met him because I chair, about what I would say about THURMOND volunteered to participate read a great deal about the Senator Senator THURMOND. My message to the in D-day by parachuting into France, from South Carolina prior to coming to Senate is, here is a man who loves life. but was told that he was too old. In- the Senate. There is a real joy to his life. He has stead, then-Judge THURMOND, age 41, As a matter of history, I was trained had some sadness. But he has had the participated in the Normandy Invasion to fly gliders in World War II and firm- strength to overcome that. But he real- by landing with members of the 325th ly expected to be deployed to the Euro- ly enjoys life. Glider Infantry Regiment, 82d Airborne pean theater, when I was reassigned I remember when he used to tell me Division. into the China theater, and did not that I ought to work out more, that I Ultimately, STROM THURMOND was ever get to tow gliders into combat. ought to get more exercise. I thought I awarded 5 battle stars and 18 decora- But I did train to tow them. And I was was getting a lot of exercise. But I soon tions, medals, and awards, including very interested to find out that Sen- found out that I needed that exercise the Legion of Merit with oak leaf clus- ator THURMOND was one of those who because every time he grabbed me by ter, the Bronze Star Medal with ‘‘V,’’ led part of our forces flying a glider the arm, I went away with a bruise. the Purple Heart, the Belgian Order of into the invasion in June 1944. And I had to get a little bit more mus- the Crown, and the French Croix de You know, the whole concept of cle there so I could be close enough to Guerre. using gliders was to insert troops far him so he could talk to me. You watch. After World War II, Mr. President, beyond the shore defenses out in front. He will do that when I finish. He is STROM THURMOND served as the Gov- And that is, I think, what I would say going to grab me by the arm and let me ernor of South Carolina from 1947 to about Senator THURMOND: He has al- know there is still strength in that 1951. He was the States’ rights Demo- ways been out in front. arm. And it is the strength of a strong cratic nominee for President in 1948. He He has also been a leader by example. heart, a heart that really loves our carried 4 States, receiving 39 electoral There is one thing that young Senators country, and loves the Senate, and that votes. coming into the Senate, whether in the really has dignified the Senate in his Following his service as Governor of group that I came in 1968 or every new years here. his beloved state, STROM THURMOND S5208 CONGRESSIONAL RECORD — SENATE June 3, 1997 practiced law in Aiken, SC, from 1951 a judge, he was exempt from military had served together for 8 years. I knew to 1955. service, but Senator THURMOND relin- that STROM THURMOND’s personal Mr. President, STROM THURMOND was quished his robe and volunteered for strengths, which I admired greatly re- elected to the U.S. Senate as a write-in active duty in the military. His war gardless of our political differences, candidate in 1954. He resigned in 1956, record is the stuff of legend: he fought would guide the committee toward re- in the words of his official biography, in five battles, landed by glider at Nor- sponsible consensus rather than divi- in order ‘‘to place the office in a pri- mandy on D-day and was ultimately sive gridlock, and establish an atmos- mary, pursuant to a promise to the awarded 5 battle stars and 18 decora- phere of civil and constructive debate people during the 1954 campaign.’’ tions for his service. rather than divisive and meaningless Subsequently, of course, Mr. Presi- After the war, STROM THURMOND partisan rhetoric. dent, STROM THURMOND was elected to came home and was elected Governor, In his 6 years as chairman, and for the Senate in 1956, and reelected in and in 1948, he ran for President. Soon several years after we switched roles in 1960, 1966, 1972, 1978, 1984, 1990, and 1996. after, he was elected as a write-in can- 1987, Senator THURMOND exceeded my He has spoken of retirement after his didate to the U.S. Senate, becoming expectations in every way. While the current term, which will end after Sen- the first person ever elected to the Sen- Judiciary Committee did indeed go ator THURMOND’s 100th birthday on De- ate by this method. through some heated debates and con- cember 2, 2002. I am sure that I am not Newly-elected Senator THURMOND, tentious hearings—weathering the kind alone when I say that I hope that he drawing upon his firsthand experience of controversy which I have seen poi- will reconsider. in the armed services, quickly became son the well for other committees for Mr. President, it has been my honor an expert on military and defense is- years afterward—Senator THURMOND and privilege to serve in the U.S. Sen- sues, beginning a lifelong dedication to and I worked together to ensure that ate with Senator STROM THURMOND for our fighting men and women and an the committee’s business, the Nation’s the past more than 6 years. I respect unwavering stand in favor of a strong business, would go forward once the him, I admire him, and I value his national defense. day was done. That would not have Senator THURMOND began his politi- friendship. I look forward to continu- happened had it not been for the cal career as a Democrat. But when he ing to serve with him, under his leader- strength of character of our chairman. concluded that the national Republican ship as President pro tempore of the First and foremost, STROM THURMOND Senate and as the Chairman of the Party better embodied the principles is an absolute gentleman, unfailingly Armed Services Committee, for many and values he held and cherished, he courteous and respectful of each indi- years to come. made a bold decision to become a Re- vidual’s dignity. Throughout a lifetime publican in 1964. I know from experi- Thank you, Mr. President. I yield the spent in the political arena, he has ence that there are many pressures and floor. never forgotten that those who dis- difficulties you face in leaving the Mr. GRAMM. Mr. President, last agree with us are nonetheless entitled party you grew up in, but I know that week, Senator STROM THURMOND be- to being heard out and treated with came the longest-serving U.S. Senator STROM has never regretted his decision. Throughout his historic tenure in the dignity. Indeed, that is an important in American history. That, in itself, is reason that his lifetime in politics has an amazing feat—42 years tirelessly Senate, as chairman of the Judiciary Committee, chairman of the Armed been such a long and productive one. representing his home State of South Here in the Senate, and—as I have Services Committee, and as President Carolina and our Nation. While this seen firsthand—back home in South pro tempore, Senator STROM THURMOND milestone rightly garnered much at- has served the people of South Caro- Carolina, STROM THURMOND’s honesty tention, it is because of Senator THUR- lina—and America—with uncommon and integrity are the hallmark of his MOND’s many accomplishments in and distinction and honor. I congratulate public and private reputation. His word out of this Chamber, not simply the is his bond, and each of us—even the Senator THURMOND today. It is an length of his tenure, that he will al- honor to call him a friend and col- most partisan of political opponents— ways be remembered as one of the true league, and I look forward to his con- knows that through the heat of politi- giants of this institution and why he tinued strong leadership in the U.S. cal debate, regardless of the intense will go down in history as one of the Senate. pressure that may be upon him, STROM most important figures in 20th century (At the request of Mr. DASCHLE, the THURMOND can be trusted to keep that American politics. I am proud to serve following statement was ordered to be word; not when it’s politically possible in the Senate with STROM THURMOND printed in the RECORD.) or expedient, but always. and glad to have this opportunity to ∑ Mr. BIDEN. Mr. President, in 1981, Here in the Senate, our integrity is, honor him and his continuing record of the Senate Judiciary Committee had a ultimately, our most valued posses- achievement. new chairman, and a new ranking sion, and Senator THURMOND is a living We all know of STROM THURMOND’s member, and there were more than a example of the value of personal integ- legacy. Teacher, State senator, judge, few folks who were eagerly looking for- rity. soldier at Normandy, Governor, Presi- ward to the fireworks. With the elec- Throughout our service on the Judi- dential candidate, and U.S. Senator. tion of a new, conservative Republican ciary Committee, ‘‘The Chairman’’, has Always guided by principle and a administration and a new Republican distinguished himself by his commit- strong devotion to service, STROM majority in the Senate, The Judiciary ment to absolute fairness; to Repub- THURMOND’s life and career are an ex- Committee seemed destined to be a lican and Democrat, political ally and ample to each and every one of us and battleground for many of the great philosophical opponent, alike. During are a poignant realization of the Amer- philosophical questions which divided the years when I held the gavel—and ican dream. us then, and which divide us now. And STROM will always be ‘‘The Chairman’’ STROM THURMOND grew up on a farm to many ‘‘Washington Insiders,’’ there to me—I tried to match the example of in Edgefield, SC, not far from where was little prospect that STROM THUR- fairness that he set. Indeed, it is a leg- William Barret Travis, the heroic com- MOND—the veteran conservative Repub- acy which I hope every committee mander of the Alamo, was born. He lican chairman from South Carolina chairman—and every senator—now and began his career as a teacher and ath- who first made his mark on national in the future, can strive to follow. letic coach and his strong love of edu- politics as a principal advocate of Long before he was a committee cation soon led him to be the youngest States rights—and JOE BIDEN—a north- chairman; indeed long before he came person ever to become superintendent eastern democrat still in his thirties to the Senate so many years ago, of education for Edgefield County. In whose interest in politics was sparked STROM THURMOND was the consummate the ensuing years he would further in large part by the civil rights move- public servant, dedicated to the propo- serve the people of South Carolina as a ment—could ever find common ground sition that the political system is not State senator and a circuit court judge. as we grappled with many of those fun- an end in itself, but an arena for doing When World War II came, STROM THUR- damental questions. the public good. To that end, he has MOND chose to leave the State he so I never shared those doubts, because been committed to getting things done; loved to defend democracy overseas. As by that time, Senator THURMOND and I to meeting the challenges facing our June 3, 1997 CONGRESSIONAL RECORD — SENATE S5209 Nation and our people; and to accom- record, serving his State and Nation for 6 years in the 1980’s and the ranking plish those goals regardless of partisan for 41 years and 10 months. And like Republican on the committee for many politics. Though he holds the record for that little bunny, he just keeps going other years, and he was always impres- the Senate’s longest filibuster, STROM and going and going. sive and fair in dealing with all aspects THURMOND is a doer rather than a talk- However, as impressive as Senator of the committee’s work. er, and his long list of accomplish- THURMOND’s legacy of service are his Although we have often disagreed on ments here in the Senate is a testa- record of successes and the example of the issues, we have also worked closely ment to his determination to serve the leadership he has achieved during his together on many important chal- people of South Carolina and this Na- tenure. Today he serves as President lenges. I think particularly of our dec- tion. pro tempore—a constitutional office ade-long effort together on the Judici- ‘‘Patriotism’’ is a word that is used that places him fourth in line to the ary Committee to achieve Federal often in the course of political debate, Presidency. He has served as chairman criminal law reform, especially with sometimes by those seeking to further of the Senate Judiciary Committee, respect to laws on bail and sentencing. nothing more than their own personal the senior member of the Veterans’ Af- Our success in that important effort is or political agendas. But patriotism fairs Committee, and he now serves as an excellent example of the ability of has always been at the core of STROM chairman of our powerful Armed Serv- Democrats and Republicans to achieve THURMOND’s being, whether in the ices Committee. common ground and deal effectively fields of Normandy or in the Halls of Senator THURMOND has been elected with major problems facing the Nation. the United States Senate. Senator to eight consecutive terms since win- In recent years, when South Carolina THURMOND has epitomized the notion ning his seat as a write-in candidate bore the brunt of the tragic epidemic of that patriotism is neither an outdated back in 1954. church arsons, Congress enacted bipar- value nor a term for scoring political We know of his breadth of experience: tisan legislation to deal with these points; but a living principle that chal- teacher, soldier, lawyer, judge, admin- shocking crimes, and Senator THUR- lenges us daily and refuses to let us istrator, Governor, and even Presi- MOND played a vital role in obtaining rest on our laurels when it comes to dential candidate; and we have been in- the resources needed for an effective doing the public good. spired by his example. Today, we commemorate Senator We see in his life the values and pos- response. THURMOND’s record-setting tenure here sibilities that still distinguish our We have also worked closely on a in this body. In recent weeks, because great Nation. Small town virtues, self- wide range of immigration and refugee I am his friend in spite of our ages and less service, a sense of duty—roots bur- issues on the Judiciary Committee. His differing political philosophies, I have ied deep in lifelong membership in the leadership was indispensable for the en- been asked numerous times to explain local Mason Lodge, the Lion’s and Ro- actment of the landmark Refugee Act the secret to his long tenure. The truth tary service organizations, the commu- of 1980—the Nation’s first comprehen- of the matter is that—in addition to nity church and hometown businesses. sive refugee law. its passage would not the fact that he is a testament to These all give STROM an authentic have been possible without him. healthy living—the secret to STROM quality—a richness of character—an Senator THURMOND has also dedicated THURMOND’s political longevity lies, accessibility that’s felt even by those his life, both in and out of the Senate, not with his considerable political who don’t know him as well as we do. to protecting our national security, skills or with any local anomaly in I cherish STROM’s friendship. I count and I welcome this opportunity to pay South Carolina, but deep within STROM myself fortunate to have served the tribute to his personal courage, hero- THURMOND himself. many years I have served with this ism, and patriotism. Even though he It lies in his strength of character, great Senator, and I can say that I was a sitting circuit court judge in his absolute honesty and integrity, his know of no one in this Chamber who South Carolina, he did not hesitate to strong sense of fairness, and his com- doesn’t look to him as I do—as a friend. enlist in the Army on the very day that mitment to public service. None of And when you think about it, Mr. the United States declared war against those things are skills which you learn; President, that’s quite a remarkable Germany in 1941. He served in Europe they are qualities deep within you thing to say about a man who started with great distinction, parachuting which, when people know you well, his political career when Calvin Coo- into Normandy with the 82d Airborne they can sense. That is the secret to lidge was in the White House. Division during the D-day invasion. He STROM THURMOND’s success. During this special time—as Senator earned five battle stars and numerous STROM THURMOND’s ongoing legacy is THURMOND continues to bring distinc- other medals and awards, including the not the number of years, months, and tion to himself and to the U.S. Senate Legion of Merit, the Bronze Star, and days he has served in the U.S. Senate. through his historic service—I want to the Purple Heart. Rather it is his many accomplishments be counted among those who recognize Like President Kennedy, he is a and the good that he has done during and appreciate all that he has offered member of the generation that went to those years. to South Carolina and to the United distant lands to preserve America’s I have been honored and privileged to States of America. freedom in World War II, and his public serve with and work with Senator Mr. KENNEDY. Mr. President, it is a service here at home has been dedi- THURMOND privilege to join in these tributes to for many of those years. I cated to preserving that freedom ever our distinguished colleague, Senator am proud of the work we have done to- since. gether on the Senate Judiciary Com- THURMOND and his extraordinary mittee. And I am proud to call him my record of service to the people of South As a member and now chairman of friend. Carolina and the Nation. the Senate Armed Services Committee, Mr. President, I join my colleagues in In a very real sense, Senator THUR- he continues to demonstrate his strong honoring this important benchmark in MOND is the Cal Ripken of the Senate. commitment to providing our Armed Senator THURMOND’s long career in He has set a record of longevity in the Forces with the equipment, training, public service, knowing that he still Senate that few if any of us ever leadership, and quality of life that they has much to give and looking forward thought would be broken. His service need to make the Nation’s military the to working with him as we confront to the Senate extends over four dec- world’s finest. the challenges of the 21st century.∑ ades, and we honor him today for that On this auspicious occasion, I com- Mr. FRIST, Mr. President, on May 25, remarkable record of success in public mend Senator THURMOND for his leader- this Congress made history. On that service and his enduring commitment ship and statesmanship and unparal- day, we became the Congress to have to the Nation’s highest ideals. leled record of public service, and I ex- the longest sitting Senator in the his- Senator THURMOND and I have served tend my warmest congratulations to tory of the United States. Our distin- together for many of these years on the Senator and his family. I value his guished colleague and friend, the senior both the Judiciary Committee and the friendship, and I look forward to con- Senator from South Carolina—STROM Armed Services Committee. He was tinuing to work closely with him in the THURMOND—set the Senate longevity chairman of the Judiciary Committee years to come. S5210 CONGRESSIONAL RECORD — SENATE June 3, 1997 Mr. CHAFEE. Mr. President, I am de- ernor of the Palmetto State. He has spects our family had come full circle. lighted to join in congratulating Sen- been a candidate for President, the Her desk in my office looks out on her ator THURMOND on attaining the dis- first person ever to be elected to a first home in Washington. tinction of being the Nation’s longest major office on a write-in, a leader Again, thank you, Senator STROM serving U.S. Senator. within three—not two—three political THURMOND. Since coming to the Senate a little parties. And, obviously, he is our Presi- I might add, Mr. President, with the over 20 years ago, I have respected Sen- dent pro tem of this body, and contin- privilege of serving in this body I have ator THURMOND’s abilities, admired his ues to serve as chairman of the Armed finally achieved status in the Thur- tenacity, valued his judgment, and Services Committee providing contin- mond universe. I am now Senator ROB- treasured his friendship. He is an inspi- ued leadership in behalf of our military ERTS instead of that Congressman who ration to all of us, not only because of and national security and the individ- married Franki. the length of his service, but because of ual freedoms we all enjoy and also take And now, Mr. President, what with the quality of his work and the depth for granted. all of the Senator’s friends having paid of his commitment. If you think about this man’s career, tribute to him, what they really said in All of us marvel at the sheer dura- and as many of our colleagues across their many deserving tributes to Sen- tion of STROM THURMOND’s tenure in the aisle have said, regardless of issue ator THURMOND is that the Strom the Senate—42 years. But we congratu- or politics, it is unequaled, it is basi- Thurmond family has come first. Every late him today not only for his longev- cally unparalleled. time I see the Senator he comes up to ity, but for dedicating most of his Mr. President, the other challenge in me with that smile and that twinkle in adult life to public service. As a school paying tribute to Senator THURMOND is his eye and, yes, that firm grip that teacher and a coach, as an attorney, as what to say that has not already been many of my colleagues have described a soldier who participated in the D-day said by his many friends, his constitu- on my arm—and it is a firm grip—and landing at Normandy, as a State sen- ents, his family, and his colleagues. he asks, ‘‘How’s your family, your love- ator, as a circuit court judge, as Gov- But having said that, I do have a ly wife and your family?’’ And he ernor of South Carolina, and as U.S. rather unique relationship with the means it. He cares. Senator, STROM THURMOND has repeat- Senator. I am sure that my colleagues One of our treasured scrapbook pic- edly sought out opportunities to serve have all heard of fathers-in-law and tures captured STROM all dressed up as his community, State, and Nation. mothers-in-law and brothers-in-law. Santa Claus some years back with his And, due to his reputation for hard Well, I am proud to say that I am a staff and his and their families. And work and effective leadership, the peo- Thurmond staff-in-law. there we sit in the front row with all of ple of South Carolina have repeatedly The number of South Carolinians and the kids and the proud parents. To me, demonstrated their confidence in him— others who have worked for the Sen- that picture is STROM THURMOND, and a degree of confidence among the vot- ator in various capacities number in enlarged it could just as well be a pic- ers that all of us aspire to but few the thousands. We could accurately ture of his beloved South Carolina, or achieve. call them ‘‘storm troops for STROM.’’ this great Nation, for South Carolina Senator THURMOND’s unflagging vigor And one of those former staff members and America are his family as well, and is evident to anyone who shakes his is my wife, Franki, who worked for the he has served them well. hand—his handshake is firm and for- Senator back when I first came to Senator THURMOND, a colleague, midable. All of us hope and expect that Washington as a new administrative friend, patriot, and, yes, a great Amer- he will stay in the Senate until he assistant to then-Senator Frank ican, thank you for your continued reaches the age of 100 and beyond. Carlson of Kansas. As a matter of fact, service. It is a privilege to serve with Mr. ROBERTS. Mr. President, it is it was STROM THURMOND who told me you. both an honor and a personal privilege about all of the South Carolina magno- Mr. President, I yield the floor. for me to join my colleagues and rise lia blossoms who came north and Mr. ENZI. Mr. President, as one of today to pay tribute to a great Sen- whose charms attracted future hus- the newly elected freshmen it is a great ator, a great patriot, and now the long- bands, always to return to South Caro- honor and a privilege to have this est-serving Senator in our Nation’s his- lina. Put another way, Senator THUR- chance to extend my congratulations tory, the most distinguished Senator MOND said, ‘‘You can take the girl out and best wishes to the president of the from South Carolina, STROM THUR- of the South, but not the South out of senior class—STROM THURMOND. A term MOND. the girl.’’ And that is what happened to of service that began on December 24, Mr. President, the challenge for one me, a Capitol Hill romance if you will, 1954, now enters the record books as trying to capsule this great American’s a South Carolina wedding, and in our the longest, and one of the most distin- service to South Carolina and our Na- family a Kansas-South Carolina com- guished terms of service, by any Sen- tion is considerable. All Americans, promise, always to South Carolina. ator. however, should be encouraged—and I So while many in this body have Over the years, we have all witnessed certainly encourage them to do this— thanked the Senator for many deserv- STROM THURMOND’s great successes in to access Senator THURMOND’s home ing contributions and accomplish- the Senate and back home in his be- page and discover the truly remarkable ments, mine is somewhat unique. loved South Carolina. I think I have and unprecedented achievements of Thank you, STROM, for introducing found the secret to his success, and I this man. me to my future wife and the mother of would like to share it with my col- Mr. President, it has become very my three children, David, Ashleigh, leagues. Simply put, STROM THURMOND commonplace in public service today, and Anne-Wesley. All three, by the listens to his constituents—otherwise especially in this city, to refer to indi- way, are STROM THURMOND fans, having known as voters—and he hears what viduals of accomplishment as ‘‘great met the Senator many times and shar- they have to say. Then he brings that Americans.’’ And in some respects it is ing occasions with his family. In that South Carolina brand of common sense so commonplace that the term has regard, my wife Franki counts Mrs. back to the Senate as we tackle those even been overused, and sometimes Thurmond, Nancy, as a very good and a thorny issues that come to our atten- even in humorous fashion. But that is close friend as well. tion in committee and on the floor. not the case with Senator THURMOND As a matter of fact, Mr. President, STROM THURMOND has been doing that who has been and is truly a great while I was really jotting down my re- for over 40 years now, and it is clear American in every sense of the word. marks that I am making today, I noted that the people of South Carolina like This man has 27 honorary degrees to with nostalgia that my Senate office his style. go with his BS degree from his beloved overlooks the Methodist building that Anyone who has any doubts about Clemson University. He has been a su- has served as home for many young STROM THURMOND’s popularity back perintendent of education, a judge, a women when they first work on Capitol home need only check the record. decorated veteran and hero of World Hill when they first come to Washing- There is no greater gauge of the War II, and he earned 18 decorations, ton. When my wife, Franki, looked out strength of anyone’s support in his or medals, and awards. He has been a Gov- that window, we both noted in some re- her home State than to see how you June 3, 1997 CONGRESSIONAL RECORD — SENATE S5211 fare at election time. Again, STROM I came to know STROM THURMOND Mr. LAUTENBERG. Mr. President, it THURMOND has sole possession of the through my work on the defense com- is not often during the course of our record for he is the only one who has mittee in the House of Representatives. busy days here in the Senate that we ever been elected to the Senate on a I know Senator THURMOND is a very ca- take time to recognize one of our col- write-in vote. Simply put, the people of pable legislator in many issue areas. I leagues for their individual accom- South Carolina love him as much as he now serve with him on the Judiciary plishments. Today, however, we are loves them. That is why they keep Committee, for example, and can at- doing so on the occasion of STROM sending him back. test that he is a most capable attorney. THURMOND’s history making event of Still, STROM THURMOND is not being I also know that the people of South having served longer in the U.S. Senate celebrated and toasted by all of our Carolina are enormously proud of him than anyone since the founding of our colleagues because of his longevity for all the good work he has done for country. I join with my colleagues in alone. We take notice of his many their fine State. From my perspective, paying special tribute to Senator years of service in the Senate, but we there is one area in which I believe THURMOND, the Senior Senator from also make mention of our great appre- Senator THURMOND has stood out and South Carolina, on this noteworthy ciation of the wisdom, insight, and de- has made the greatest contribution— day. termined effort STROM THURMOND as an active member of the Armed On May 25, Senator THURMOND be- brings to the work of the Senate every Services Committee. came the longest serving Member ever day. STROM THURMOND deeply loves his in the Senate’s 208-year history by Oliver Wendell Holmes once wrote a country. This is apparent in even little serving more than the 41 years and 10 letter to Julia Ward Howe on the occa- things such as the American flag lapel months Senator Carl Hayden served be- pin he often wears. Or in vivid exam- sion of her 70th birthday. In it he said, tween 1927 and 1969. Senator THUR- ples like volunteering for service in ‘‘To be seventy years young is some- MOND’s longevity in Senate service is World War II when he was in his for- times far more cheerful and hopeful truly remarkable because, in addition ties. Today, Senator THURMOND dem- than to be forty years old.’’ to length of service, he has been deeply onstrates his strong affection for As we mark STROM THURMOND’s leg- commited to providing leadership in America and the men and women in acy of service in the Senate, I think it the Armed Services Committee and as is clear that no one is younger in spir- uniform by having the courage to take unpopular positions to protect the de- the President pro tempore. it, more cheerful in attitude, and more Senator THURMOND has worn many fense budget and to ensure adequate hopeful for a better future for our chil- hats during his distinguished career in training and equipment for the Armed dren and grandchildren than STROM public service, which began well before Forces. As chairman of the Armed THURMOND. he was first elected to the Senate in It is an honor and a pleasure, as the Services Committee he has presided 1954. As a school teacher, State sen- Senator who sits on the 100th rung on over tumultuous times in the military. ator, judge, World War II veteran, D- the current seniority ladder, to take The end of the cold war and the social day fighter, and Governor, Senator this opportunity to congratulate the reengineering of the military have THURMOND’s service to our country is Senator on the top rung, STROM THUR- made it a challenge to preserve mili- very likely unparalleled. In the Senate, MOND, as he hits No. 1 one on the all tary readiness. But, Senator THURMOND STROM has been an indefatigable fight- time seniority list. has tried. He deserves much of the er on behalf of his State of South Caro- From this day forth STROM THUR- credit for preventing our Armed Forces lina and has demonstrated enormous MOND will set a new record every day from becoming a hollow Army. As he comes to the Senate. He has been a Adlai Stevenson once said, he did this tenacity in championing our national powerful and effective voice for his ‘‘Not [through] a short and frenzied defense and veterans causes. His enthu- constituents. May he continue to do so outburst of emotion, but with the tran- siasm in all that he does is truly un- for many years to come. quil and steady dedication of a life- matched. Mr. KYL. Mr. President, today I rise time.’’ Mr. President, although Senator to honor a great American and Sen- Upon his retirement, Carl Hayden THURMOND and I may not always see ator, STROM THURMOND of South Caro- said ‘‘I have always dreamed of power eye to eye, I respect his integrity, his lina. The occasion for this tribute is and the good I could do.’’ STROM THUR- consideration of others, his love of STROM THURMOND’s remarkable MOND, I believe, has the same motiva- country, and his deep sense of respon- achievement of becoming the longest tion. He has not wanted material sibility to public service. His service serving Member of Congress in history, things or glory, but has simply done will have a lasting impact on this insti- surpassing the record held by Carl Hay- the best he could to help those who tution’s history because of the policies den of Arizona. needed help. Carl Hayden could not he promoted, the high standards he set This historical milestone gives each lose his longevity record to a finer for us, and the lessons he taught so of us an opportunity to publicly ap- man. many of us about the will to carry on plaud Senator THURMOND, but it is not I remember a recent visit to Senator no matter the obstacle. He fought the reason for our praise today. The THURMOND’s office where I was greeted against the most painful of tragedies reason I am pleased and honored to pay by an impressive gallery of presidential by trying to make sure others were tribute to Senator THURMOND is that he pictures, beginning with Franklin Roo- spared the grief he endured. I look for- is a great man and patriot who has sevelt. He told me that these pictures ward to continuing working alongside served his State and his country faith- are of Presidents with whom he has him for many years to come and hope fully in times of war and in times of served. It was then that I absorbed the to witness his service at his personal peace. magnitude of the impact of the Thur- century mark. Senator THURMOND has had a remark- mond legacy on history. STROM THUR- Mr. CAMPBELL. Mr. President, able life. When I reflect on some of the MOND has been involved in every sig- today I am privileged to honor my positions he has held in his career, in- nificant event that touched Congress friend and colleague, the distinguished cluding: attorney, superintendent of or the Presidency in the second half of Senator from South Carolina, STROM education, State senator, judge, Gov- the 20th century. Very few people can THURMOND. Today we salute Senator ernor, Army officer, Presidential can- say that, Mr President. THURMOND, who becomes the Senate’s didate, and U.S. Senator, I marvel at STROM THURMOND was a good soldier longest serving Member. the skill, determination and dedication and good citizen. His high standard of It only seems fitting that I should be that was required to achieve each of allegiance has enriched our national allowed to speak in his honor today. these goals. Most men would be satis- consciousness and has sustained a Several years ago our roles were re- fied with just one of these many ca- sense of purpose and patriotism all versed, and the distinguished Senator reers. Not STROM THURMOND. He was on across America. I believe history will was thanking me. Now I would like to a mission to serve the American peo- remember him not for his age or lon- return the honor and thank him for his ple. That mission kept pushing him to gevity in the Senate, but for his con- years of leadership. When Senator strive higher and farther in his lifetime tributions to improve the well-being of THURMOND was jostled in the subway 2 of public service. his beloved America. years ago, I used my years of police S5212 CONGRESSIONAL RECORD — SENATE June 3, 1997 training to come to his aid and help Mr. MACK. Mr. President, I thank about service to the Senate. A moment the police to handcuff his assailant. the Chair for the recognition. ago I heard Senator STEVENS talk Fortunately, no one was hurt. The inci- I, like my colleagues, have come to about a strong heart, and it triggered dent led to a friendship between the the floor of the Senate today to express in my mind that in essence, Senator Senator and me that I very much my fond feelings for Senator THUR- THURMOND, you are a modern day brave enjoy. MOND, the Senator from South Caro- heart, and it is has been a true honor Now we are all here to recognize the lina. As he is fond of saying about so to serve with you in the Senate. achievements of Senator THURMOND many of us that he campaigns for, he is I yield the floor. and commend his years of dedicated a man of character. He is a man of ca- The PRESIDING OFFICER. The leadership and service. The senior Sen- pacity. And I would add that he truly is Chair recognizes the Senator from Ala- ator from South Carolina has used his a man who cares about his fellow man. bama. skill and knowledge to serve the Sen- Senator STEVENS said a moment ago Mr. SESSIONS. Mr. President, I am ate and provide direction for over 43 that Senator THURMOND is someone we honored to be in this great body and years. can all learn from. I can tell you as a particularly honored today to be able Senator THURMOND has provided fellow who was running, campaigning to say a few words from my heart strong leadership in this institution, for the Senate in 1988, Senator THUR- about the Senator from South Caro- both on the floor and in committee. He MOND volunteered to come to Florida lina. I have no doubt really that I has drawn from his own personal to campaign for me. One of the things would not be here today if it were not knowledge from his decorated service he said prior to making that commit- for Senator THURMOND. I first met in World War II to contribute to and ment was that ‘‘if I come, I want to be him—and this is typical of his leader- lead the Armed Services Committee busy. I do not want to come down there ship and commitment to this country— and the Veterans’ Affairs Committee. for just one or two events. I want to when I was a U.S. attorney in the early In 1942, Senator THURMOND joined the come down there, I want to be busy.’’ 1980’s. I had just been appointed. There U.S. Army, and was among those brave We picked him up at about 5:30 in the was a reception the Attorney General young men of the 82d Airborne Division morning and we finished that day of the United States had. He came to who landed in Normandy on D-day. For about 10 o’clock at night. We traveled that reception and stayed 30 to 40 min- this service, he was awarded 5 Battle from Jacksonville, FL, down through utes. As chairman of the Judiciary Stars. After earning 18 decorations for the center part of the State, to Lake- Committee, he stayed and he met every outstanding service in World War II, land and Tampa, and then an event U.S. attorney in attendance that night Senator THURMOND has maintained his close to Winter Haven that evening, before he left. That demonstrated to dedication to war veterans throughout never missing a beat. me his commitment to law and order. his years in the Senate. Senator THUR- And again, I say I learned not just Many people have talked about his MOND represents a wealth of institu- about campaigning but I truly learned leadership with regard to military mat- tional knowledge and history. about the heart of the man because ters, and they are certainly legendary Senator THURMOND’s tenure has about halfway through the day there and unsurpassed in this body. But in spanned a number of tumultuous dec- was a press conference set up. He asked terms of law enforcement, he has been ades, from the end of World War II, me if he could make a phone call before an absolutely key figure in the reform through the turmoil of the Vietnam we did that press conference. And, of of the Federal criminal justice system war, to the end of the cold war, to this course, I said sure. And as I stood by in America, that makes our Federal year, when the Congress finally agreed him I realized what he was doing. He criminal justice system today, in my to a balanced budget. Through it all he was calling a family in South Carolina opinion, superior to any State criminal provided the strong leadership which that experienced the loss of a family justice system. He did that in many we are here to honor today. member. Here is this man who has been bills, but in the 1984 act he was chair- It gives me great pleasure to recog- elected and reelected and reelected and man of the Judiciary Committee that nize our esteemed colleague as he be- reelected, and loved in South Carolina eliminated parole and made every per- comes our longest serving U.S. Sen- in the middle of a tough day campaign- son who is sentenced in America serve ator. Congratulations, STROM THUR- ing taking a moment out of that busy the full time they are sentenced, that MOND, on making history as well as schedule to reach out to that family in reformed the bail law so that people being a major part of our Nation’s his- South Carolina to say we understand could not be out on bail for years be- tory. fore they were ever tried, and many Thank you, Mr. President. I yield the your concern, the pain that you are other reforms—the most historic crimi- floor. feeling, we are concerned about you; I The PRESIDING OFFICER (Mr. am concerned about you. Your family nal justice reform bill, I am certain, in my lifetime. He was a key player and a FAIRCLOTH). The Chair recognizes the member was a great, great person; he Senator from North Carolina. meant so much to me. leader. Mr. HELMS. Parliamentary inquiry. Can you imagine the sense of love the In 1986, I had the pleasure to be a I understand there is a unanimous con- family felt that day. If anybody ever nominee for U.S. district judge. That sent that these proceedings paying our questions why Senator THURMOND has was not an experience which worked respect to the distinguished Senator been elected and reelected and re- out good for me, but Senator THUR- from South Carolina are to continue elected and reelected, it is because he MOND believed in me. He fought for me. until 12:30. Is that correct? is a man who truly cares about others, He stood by me day after day. He re- The PRESIDING OFFICER. That is whose heart is filled with love. futed the charges that were made that correct. I came to the Senate 9 years ago, and were not true, and he stood by me. Mr. HELMS. I want to defer to the in a sense Senator THURMOND acts as a A number of years later, he came to Senator from Florida. But before I do, bridge between one generation of my Mobile as a Patriot of the Year. There I ask unanimous consent that, not- family and myself. My step-grand- were 600 people from the city of Mobile withstanding the previous unanimous father retired from the Senate in De- there, and he recognized me in the au- consent, when these proceedings are cember 1952, and Senator THURMOND, if dience. He said good things about me. completed and before we recess for the I have that correct, was sworn in to the His support, his friendship, his stead- policy meetings of the two parties, Senate in the next Congress, and so he fast commitment to me and to this that I be given 10 or 12 minutes to served in that interim period of time body was important in my career and I speak on a joint resolution that I am between the time that my step-grand- want to say personally how much I ap- introducing. father retired from the Senate and I preciate that, Senator THURMOND. It is The PRESIDING OFFICER. Without came to the Senate. amazing to me that I have the honor objection, it is so ordered. What an inspiration he has been to and the privilege to be in this body and Mr. HELMS. I thank the Chair. me. Frankly, Senator THURMOND, you to be able to say to you how much I ap- The PRESIDING OFFICER. The have created a new dimension of what preciate your support and friendship, Chair recognizes the Senator from service to this country is all about. to say how much I appreciate your Florida. You have created a new dimension service to your country, as a military June 3, 1997 CONGRESSIONAL RECORD — SENATE S5213 leader and as a Member of this body. I many others watched the 50th anniver- been, as the saying goes, a legend in his know some may think it not politically sary of the Normandy invasion 3 years own time. And because of his hale and correct, but I will say this. Senator ago, we gained an even greater appre- hearty good health and his amazing THURMOND has represented his State ciation for the lifetime of service to longevity, Senator THURMOND is a leg- with great fidelity and character. He this Nation by someone all of us are end in the time of everybody else in the has represented his region as a south- proud to call a friend and a colleague. Senate. I doubt that there is any one of erner with the highest of standards as More than a half century after land- us whose life has not been touched by a southern gentleman. He has reflected ing behind enemy lines on D-day, Sen- the distinguished Senator from South the qualities of courage and integrity, ator THURMOND continues to carry out Carolina. He has certainly touched bravery and commitment to truth that his responsibilities as a legislator with mine time and time again, beginning have reflected great credit on his com- a skill and perseverance that are the with that day back in early 1972 when munity, his State, his region, his Na- envy of his colleagues. I recall a time a very brief, speculative item appeared tion, and this body. I am honored to several years ago when STROM THUR- on page umpteen of newspapers around have the opportunity to say how much MOND and I offered an amendment to the country saying that a fellow named I appreciate that. reform lobbying fees. Our amendment HELMS might seek the Republican Mr. President, I yield the floor. prohibited lobbyists who were lobbying nomination for the Senate from North Mr. LEVIN addressed the Chair. for contracts for their clients from get- Carolina. The PRESIDING OFFICER. The ting a contingent fee. We felt it was Early that morning, Senator STROM Chair recognizes the Senator from wrong for lobbyists to be paid that way THURMOND, to my utter delight, was on Michigan. and we offered an amendment together. the telephone calling from Washington Mr. LEVIN. Mr. President, it is a The manager of the bill objected to our urging that I do run and assuring me pleasure to join with so many of our amendment. What Senator THURMOND that if I did and if I wanted him to, he colleagues today to honor the Presi- did was to hold back for a couple hours would come to North Carolina and dent pro tempore of the U.S. Senate while he talked to all of our colleagues campaign for me. Mr. President, I did and the chairman of the Armed Serv- personally. He got 51 supporters for his and STROM did. As a matter of fact, he ices Committee. STROM THURMOND amendment, and then came back to did it time and time again. If I count achieved another of many historic offer it. That kind of perseverance correctly, he flew with me that year, in milestones when he became the longest which we know in Senator THURMOND a very small plane, six times back and serving Senator in the history of this has paid off in many, many ways for forth across North Carolina, telling the institution. this institution and for this Nation. We people of my State, Democrats and Re- STROM THURMOND had already served are proud to call him a friend and to publicans alike, that they ought to on the Armed Services Committee for recognize that kind of capability. send JESSE HELMS to Washington. I 20 years when I came to the Senate and The Democratic Party lost a Senator will never forget it. joined the committee in January 1979. I of great ability when STROM THURMOND I remember one episode in particular, knew of him as a passionate and effec- joined the Republican Party in 1964. I since we are all remembering nice tive advocate for a strong national de- just want him to know that we would things about Senator THURMOND. We fense even before I joined the commit- welcome him back on this side of the were at a farm rally outside of Hick- tee. In the 18 years I have served on aisle at any time, this century or next. ory, NC, after a grueling day of eight Senator THURMOND cares about us as that committee, I have come to appre- stops with that small plane, and he people. I cannot say how many times ciate even more his commitment to the made a stemwinder speech at every one he has given me advice—and I know welfare of the men and women who of them. I was getting more and more this is true of our colleagues—on exer- serve and who have served in our Na- tired. We ended up at this farm, and cise, on diet, and on other human con- tion’s Armed Forces, as well as their there were about 400 people at that ditions. I wish I had followed his advice families. rally because they were giving away It is my privilege now to serve as the more often. I will never forget the time early in free barbecue and because STROM THUR- ranking member of the Armed Services my Senate career when STROM and I MOND was there. The barbecue caterer Committee under the chairmanship of and a few of our Armed Services Com- was late. He got lost trying to find the STROM THURMOND. Over the years, one mittee colleagues were out visiting at place. So they decided to let Senator of the hallmarks of the Armed Services a California air base. At about 6 THURMOND speak and they asked me to Committee has been that we conduct o’clock in the morning I was awakened introduce my guest. I was a weary guy our business with a minimum of par- by people running below. They were when I got up, and I introduced Sen- tisanship. Our former colleague and talking to each other as they were run- ator THURMOND with such eloquence as chairman, Sam Nunn, was right when ning. I heard this happen on a few I could muster at that time of night he said that there was not a single na- turns of the track and woke up and after such a day. Well, there came an- tional security issue facing this coun- then would go back to sleep. A couple other stemwinder and the last 10 min- try that has been or could be solved by of hours later when I was at breakfast utes of the stemwinder, we saw the bar- one political party. That legacy of bi- I said, ‘‘Who was that out here running becue truck roll in. Everybody had bar- partisanship on the Armed Services at 6 o’clock in the morning?’’ I should becue and then we went home. Committee continues under STROM have known the answer. It was STROM In the car going to the motel I heard THURMOND’s leadership. THURMOND. the most awful sound I ever heard in Mr. President, one of the reasons He has given us advice on how to try my life. He said, ‘‘JESSE, when we get Senator THURMOND has been such an ef- to achieve this kind of longevity. He to the motel, I want to call my wife. fective leader on national security is- gives us that advice because he cares She’s in a family way, you know, and I sues is that all of his colleagues about us. And I just want him to know want to be sure she’s all right. And, know—and the American people that we care about him. We wish him after that, I understand it’s about a know—that he speaks from the heart well. It has been a real privilege to mile to downtown, would you want to and he speaks from personal experi- serve with him for 18 years, particu- run downtown and back with me?’’ ence. He served his country in uniform larly as the ranking member of the I said, ‘‘Senator, if I could crawl to for 36 years. He was commissioned in Armed Services Committee, and I am the bed, that’s the best I’m going to be the Army Reserve even before he began proud to call him a friend. able to do.’’ But he did. He ran down- his career in politics. He served 36 Mr. HELMS addressed the Chair. town and he ran back and he was up at years in the Reserves and on active The PRESIDING OFFICER (Mr. SES- 6 o’clock next morning. duty before retiring as a major general SIONS). The Senator from North Caro- Thanks to my dear friend, the people in the Army Reserve. lina. did send me to Washington, and I have In June 1944, Lt. Col. STROM THUR- Mr. HELMS. Mr. President, I thank been here for almost a quarter of a cen- MOND landed behind German lines with the Chair. tury now, watching that great man the rest of the 82d Airborne Division as Our distinguished friend and col- from South Carolina serve in the Sen- part of the D-day invasion. As I and so league from South Carolina has long ate and break record after record. I S5214 CONGRESSIONAL RECORD — SENATE June 3, 1997 have been enormously proud of a lot of fort to retard one of the greatest point. It is so refreshing, at a time things. I guess one of the most pro- threats in history, certainly in the his- when everyone seems to end up sort of found things was when the Senator and tory of this country, to democracy and muddled, that you have an individual Mrs. Thurmond invited me to become freedom. A remarkable statement who has deep, deep convictions and is the godfather of that beautiful young about an individual. willing to stand alone and defend them lady, Juliana Thurmond. I am also deeply impressed by the even when he is the only person in the So I am proud to have served with fact that he was elected to the Senate room doing so. Even to people who dis- Senator THURMOND. He is a remarkable under four different banners: as a Dem- agreed with him over the years, he American because he has always been a ocrat, as a Republican, as a Dixiecrat, ought to stand, as I know he does to hard-working, honest, and reliable Sen- and, the most impressive of all, as a our colleagues, as a monument to prin- ator. His friends back home—as a mat- write-in. The fact that citizens of the ciple, to individuality, to conviction ter of fact his friends all over the coun- State had to go and write his name in, and to that passion and action that try—know that they can always count that they had to make the conscious Oliver Wendell Holmes talked about on STROM THURMOND to do what he decision to write his name on a ballot— more than a century ago. says he will do. Let me tell you some- it wasn’t just a question of going in Mr. President, I am deeply honored thing, Mr. President, South Carolina is and supporting a political party—but to be able to stand here today. When far the better off today because STROM for people to consciously go in and STROM completes this term, he will be THURMOND has been in the Senate rep- write his name on the ballot was truly 100. I look forward to standing on the resenting the State of South Carolina. a remarkable achievement. It is some- floor of the Senate with him sitting Moreover, and just as important, the thing that I think clearly dem- here, celebrating that milestone with U.S. Senate is better because STROM onstrates the significance of the affec- him, I hope, as his colleague. The fact THURMOND has been here. And so is the tion with which he is held. that he has been sent back here by the country, better off. Senator THURMOND has had to toler- people of South Carolina eight times Congratulations, my dear friend and ate many things during his Senate ca- through all sorts of changes in the po- Senator, you have been a good and reer, not least of which, he has had to litical climate in this country is a faithful servant, and all of us are proud put up with two generations of my great tribute to the people of South of you. family. One of the dearest friends my Carolina. But I think all of them would Several Senators addressed the father had when he served in the U.S. agree with me when I say it is a great- Chair. Senate was the Senator from South er tribute and higher tribute to the The PRESIDING OFFICER. The Sen- Carolina. In fact, among the dozens of man who represents that State and ator from Connecticut. pictures I have hanging in my office’s represents America in so many dif- Mr. DODD. Mr. President, I see my conference room, I have just two pic- ferent ways. I am deeply honored to other colleagues here on the floor. I, tures with colleagues of mine. One of stand with my colleagues to pay trib- too, wish to rise this afternoon and pay them happens to be a photograph ute to truly an American original, tribute to my friend and colleague which I cherish of myself standing with STROM THURMOND of South Carolina. from South Carolina. This past Memo- the senior Senator from South Caro- The PRESIDING OFFICER. The Sen- rial Day, we recognized the significant lina, which he very generously in- ator from Virginia. achievements and accomplishments of scribed to me, and he made special Mr. WARNER. Mr. President, I am many Americans who sacrificed their mention of my father and their rela- privileged to join my colleagues. First, lives for this country. In a matter of tionship. I am deeply appreciative of I ask unanimous consent a statement days, we will commemorate the 50th the loyalty and friendship which by the distinguished senior Senator anniversary of the famous speech that STROM THURMOND shared with my fa- from Maine [Ms. SNOWE] be printed in Gen. George Marshall gave at Harvard ther, who has been gone these many the RECORD along with these proceed- University announcing the Marshall years now, some 27 years. He passed ings on behalf of our distinguished sen- Plan on June 7, 1947. But this past Me- away that long ago. But theirs was a ior colleague. morial Day, we also recognized a mile- wonderful friendship. They didn’t al- The PRESIDING OFFICER. Without stone achieved by our colleague from ways agree on issues, but they did objection, it is so ordered. South Carolina, who became the long- agree on some matters. They agreed (At the request of Mr. WARNER, the est serving Member in the history of about the great threat that com- following statement was ordered to be the U.S. Senate. munism and Marxism posed to this printed in the RECORD.) I was recalling the words of another country and stood shoulder to shoulder ∑ Ms. SNOWE. Mr. President, I rise famous American given in a Memorial in that regard. While they disagreed on today to recognize one of the extraor- Day address in 1884. Chief Justice Oli- other issues, there was still a great af- dinary public figures of our time: Sen- ver Wendell Holmes, another great fection. So today I stand here, not just ator STROM THURMOND. American known for his longevity, said as a colleague from Connecticut, but As we know, Senator THURMOND re- on that day, ‘‘Life is action and pas- on behalf of a family that deeply appre- cently became the longest serving Sen- sion. It is required of a man that he ciates the loyalty and friendship that ator in the history of this august insti- should share the passion and action of STROM THURMOND has demonstrated tution. His record of service—over 41 his time at peril of being judged not to over these many, many years. years and counting—is unparalleled, have lived.’’ Let me just conclude because so and his devotion to South Carolina and Mr. President, whatever else may be many other things have already been the United States is unquestioned. His said about our friend and colleague, said which I would endorse and second. has been a life committed to this Na- STROM THURMOND, he is a man of ac- STROM THURMOND and I don’t always tion, and a life as rich and varied as tion and passion. That has been the agree on the issues. We agree on some, the years that have passed since his history of his public life. It is a distin- but not many. But what I love about birth in the fledgling days of this cen- guished career that has covered so STROM THURMOND, and what I think tury. many milestones, many of which have America and what the people of his Indeed, the breadth and scope of Sen- been mentioned here this morning. State love about him, is not his par- ator THURMOND’s life is truly remark- One of his accomplishments which ticular views on issues that come and able. Born just before the dawn of impressed me the most was the fact go, that pass with the time; these is- flight, Senator THURMOND is now chair- that at age 41, when a lot of people are sues that are temporal. What people man of a committee that oversees the preparing to play a round of golf, love about STROM THURMOND, what his world’s most sophisticated air force. He STROM THURMOND got into a glider and colleagues love about him, Democrat has borne witness to an explosion of flew behind enemy lines on D-day as a and Republican, is that he is a man scientific knowledge, fundamental volunteer. It was not required of him. who, as Oliver Wendell Holmes de- changes in economics and labor, and He was not ordered to do it. But at that scribed, is a man of passion, action and tremendous sociological trans- age he decided this is something he conviction. Whether or not we agree formations. Most remarkable of all, ought to do, to be a part of a major ef- with STROM THURMOND is really not the Senator THURMOND can even remember June 3, 1997 CONGRESSIONAL RECORD — SENATE S5215 the last time the Boston Red Sox won this Nation—the best possible person- Senator THURMOND was the first U.S. the World Series in 1918. nel, equipment, and resources so that Senator to greet me when I came to Senator THURMOND has been a full their risk is as low as we can humanly the U.S. Senate. We had known each participant in this century of monu- make it. other because I had the privilege to mental events, and in no way is this As a member of the Judiciary Com- serve for 5 years as Under Secretary more profoundly demonstrated than mittee, he has brought his breadth of and Secretary of the Navy and testified with his service in World War II. As a experience and his reasoned voice to before the great Senator on many, member of the 82d Airborne Division, bear on such issues as immigration and many occasions and received his coun- STROM THURMOND was part of the inva- crime. And when it comes to the mat- sel and wisdom during those really sion force that stormed the beach at ter of ethics, Senator THURMOND has al- tragic and difficult times of the Viet- Normandy, France on D-day, and he ways stood strong and tall for the nam war, from 1969 through 1974. He en- will forever be a heroic part of these forces of integrity, supporting limits couraged me in that period of time to events that changed the course of his- on how much Senators can earn out- someday seek elective office. I coun- tory. For his courage and valor, he was side the Senate, and bans on lobbying seled with him, and, indeed, I am here awarded 18 decorations, medals, and for foreign countries by former Federal today in part because of his wisdom awards—as well as the undying grati- officials to name but a few of his ini- and foresight to encourage young per- tude of America and free nations every- tiatives in this regard. His commit- sons like myself, men and women, to where. ment to the honor of the Senate and come and serve in the Congress of the Before World War II broke out, as a the confidence of the American people United States. State senator, STROM THURMOND had has been unflagging for over four dec- Thank you, Senator. Thank you for already begun what would become a ades, and that is a record of which he the opportunities that you have given me, and I would like to say, and maybe lifelong dedication to public service. can be proudest of all. That commitment came to the na- It is no wonder then that his Repub- selfishly, thank you for a great deal of tional stage for the first time with his lican colleagues would elect him to be personal attention. When I joined the run for the Presidency in 1948—almost President pro tempore of the Senate. Armed Services Committee in my first 50 years ago—when as an independent As one of only three constitutionally year in the Senate, there were four in- candidate he garnered the third largest established officers in Congress, it is a dividuals on that committee referred independent electoral vote in U.S. his- position of tremendous respect and to as the Four Horsemen. There was tory. Six years later, he became the trust accorded only to those who have John Stennis, there was Scoop Jack- son, there was John Tower, and there first person ever elected as a write-in demonstrated an unwavering adherence was STROM THURMOND. Those four indi- candidate for the U.S. Senate. to the finest ideals of public service viduals together, in many respects The rest, as they say, is history—his- and the U.S. Senate. I can think of no with others—I do not mean to slight tory that is still being written every finer or more appropriate choice than anyone not mentioned—but those Four day by this remarkable and enduring Senator STROM THURMOND, and I am Horsemen struck the maximum pos- man. The true iron man of the U.S. proud that he has come to embody this sible bipartisan relationship because of Senate, his energy, enthusiasm, and institution. love for this institution is as inspira- Throughout this storied career— their sincere belief that the interests, the security interests, of the Nation al- tional to me as I know it has been for whether as a superintendent of edu- ways came first and such partisanship countless Members of this body—past cation, circuit judge, State senator, as we indulge in from time to time has and present. Here is a legislator whose Governor, or U.S. Senator—Senator to be relegated to second. labor of love is performed against a THURMOND has never forgotten the peo- It was his leadership on our side—in backdrop of institutional knowledge ple of South Carolina. It is where his the committee, seniority, of course, and historical perspectives unequaled heart is, the place from which he draws prevailed. When it came time for the among his 534 colleagues in Congress. his strength. And he is in turn beloved opportunity for Senator Tower to take One cannot place a value on such serv- by South Carolinians—just ask the the leadership role of the Republicans, ice. One can only express their respect folks at the Strom Thurmond Soldier STROM THURMOND once again yielded and profound appreciation. Service Center in Fort Jackson; the the seniority so that Senator Tower That is why I feel privileged to be Strom Thurmond Educational Center could have that very proper recogni- able to join with my colleagues in rec- in Union; the Strom Thurmond Federal tion and give the strong leadership ognizing the extraordinary story that Building in Columbia; or, most telling, that he did—followed by Senator Gold- continues to unfold. And why I am es- the Strom Thurmond Center for Excel- water. Likewise, Senator THURMOND pecially honored to serve with Senator lence in Government and Public Serv- yielded the seniority that was right- THURMOND on the Armed Services Com- ice at Clemson University. They know fully his so that Senator Goldwater, mittee. As a new member of the com- that the senior Senator from South one of his closest and best friends, mittee, Senator THURMOND has made Carolina has been a strong, steady, could have that opportunity. Then I me feel most welcomed and valued, and consistent voice for them. And they say quite humbly, he yielded again so for his wise guidance I am most grate- know he will always be so. the Senator from Virginia, for 6 years, ful. After all, he has been an integral Senator STROM THURMOND exempli- could be the ranking member. part of the committee through change fies a life worth living: courage, enthu- But it was always made clear to and crisis, cold war and de´tente, con- siasm, service to others, a willingness every member of that committee that, flict and peace. to learn and grow, and a deep apprecia- at some point in time, STROM THUR- The defense of this Nation and our tion of the opportunities this life—this MOND would cap his distinguished ca- responsibility in the world have always country—offers. The mark that he is reer by serving as chairman of the been of paramount importance to Sen- leaving on the U.S. Senate is a positive Armed Services Committee of the Sen- ator THURMOND. He understands that and enduring one, and I am proud to ate of the United States. That he has we must remain vigilant even as the serve with Senator THURMOND as he done for these many years and given demise of the Soviet Union has left continues to make history.∑ that committee the forceful leadership America as the world’s last remaining Mr. WARNER. Mr. President, much that it deserves. superpower. Senator THURMOND has has been said, and I have listened with Indeed, the last bill last year, he set seen enough of the world to know that great interest, as have others. I could a record in terms of the time to com- it remains, in many ways, a dangerous summarize my brief remarks in two plete the committee work and to bring place—and that we are uniquely capa- words: Thank you. Thank you, Senator the bill to the floor. How well I know ble and indeed obligated to stand guard THURMOND, for your service to this because it was late into the night we against the potential threats which country, for your service to South had the markup sessions. But he was still exist. And most of all, he knows Carolina, for your service to the Sen- always there, always present, and giv- first hand the importance of providing ate, and for the privilege, I thank you, ing us his leadership. to our service men and women—people Mr. THURMOND, of being a colleague If I may say, with the deepest of re- willing to put their lives at risk for who has served with you these 18 years. spect, I look upon him as a brother, the S5216 CONGRESSIONAL RECORD — SENATE June 3, 1997 big brother that I never had, but he ful- I yield the floor. ing our Nation’s obligations to our vet- filled that role in my life, not only here Mr. MURKOWSKI addressed the erans and his contribution in that re- in the Senate, but in many ways out- Chair. gard. side of the Senate. The PRESIDING OFFICER. The Sen- I think one of the interesting things, Today, Senators have shared per- ator from Alaska. in recognizing the contributions Sen- sonal recollections of times spent with Mr. MURKOWSKI. Mr. President, I ator THURMOND has made and contin- STROM THURMOND that they remember have listened to some of my senior col- ues to make, is his humble beginning with great fondness and respect. Mine leagues reminisce on their relation- as a teacher. He has taught us all, but was the 40th anniversary of the landing ships with our good and dear friend, he began his teaching career back in of our forces on Normandy Beach. Sen- Senator THURMOND from South Caro- South Carolina in 1923. He wrote the ator THURMOND was asked by President lina. South Carolina school attendance law. to lead a delegation As a new Senator coming into this He worked hard to increase pay for from the Senate. I was privileged to be body in 1981, I recall my first meeting teachers and longer school terms. I with that delegation. with Senator THURMOND. It was in the think it is noteworthy that even today I remember as if it were yesterday elevator. I felt a very firm, strong grip he sends congratulatory certificates to when we arrived in Normandy, Presi- on my upper arm. As I turned around, every graduating South Carolina high he said, ‘‘How you doing, Son?’’ I dent Reagan had helo No. 1, Senator school student. THURMOND had helo No. 2. He sat right think, without exception, every time I Senator THURMOND continues to up there with the pilots. For 3 days we have been in the elevator with Senator teach us today, and he will again in the THURMOND I have had that tight toured the entire area. I remember one next century. He has really taught us squeeze—‘‘How you doing, Son?’’ afternoon the helos landed in the vicin- all in this institution. So it gives me great pleasure to join ity of Sant Mera’anglis where they re- I am honored to call him a friend. I my colleagues in honoring our dear enacted that famous drop by our coura- am pleased to rise today in tribute to friend. geous parachutists in the history of re- this great man, this great American, counting the tragedy that befell those May 25, 1997—the longest serving U.S. Senator in our Nation’s history, a re- who has become synonymous with this airmen that parachuted. great institution. But we sat there with three of the markable individual who has unself- Senator THURMOND, we honor you, senior officers that participated in that ishly dedicated his entire life to the and we are particularly appreciative of battle. I remember one very vividly. service of others. your leadership and teaching which has His name was ‘‘Lightning’’ Joe Collins. Being from Alaska, the newest State served us all. Thank you, my friend. I We sat on old ammo boxes propped up in the Union, a State that has only look forward to our continued relation- and watched the drop. Senator THUR- been around for about 39 years, I have ship. MOND recalled his own recollections found Senator THURMOND to be most I yield the floor. throughout our trip of that historic understanding of our issues with regard Mr. ABRAHAM addressed the Chair. chapter in the march for freedom of the to development. He comes from the The PRESIDING OFFICER. The Sen- allied forces to fend off Adolph Hitler. school that suggests that those who are ator from Michigan. Senator THURMOND’s helicopter, when elected from their State ought to have we went back, malfunctioned and we a pretty good handle on what is in the Mr. ABRAHAM. Mr. President, I ask could not take off to go to the next best interest of their State. I think his unanimous consent to speak briefly, spot. So the President went on, and logic follows that, if the folks back prior to Senator HELMS speaking, with they sent in another helo. Senator home think otherwise, well, they are regard to Senator THURMOND. Weicker, who was with us, knew a going to get new representation. I have The PRESIDING OFFICER. Without great deal about that part of the coun- respected him for his support these 17 objection, it is so ordered. try of France because his father had years that I have been in the Senate. Mr. ABRAHAM. Mr. President, thank been chief of the Army Air Corps intel- Perhaps one of the most memorable you very much. I am happy to be here today. My ligence. Senator Weicker said to me, and lasting recollections I have of Sen- ‘‘Let’s not stand here and wait for this ator THURMOND is during the years plane arrived on time, which I was a other helicopter to come in. Let’s walk when I was chairman of the Senate little nervous about because I was off into the countryside, and perhaps Veterans Committee. You know Sen- afraid I would miss the opportunity to we can knock on the door of a French ator THURMOND, as it has been stated, join our colleagues in talking about farmer and get a little cheese and a lit- landed behind enemy lines in a glider. the great Senator from the State of tle wine.’’ We did just that. We found He was a volunteer. That was the Nor- South Carolina to whom we pay tribute in abundance the provisions among the mandy D-day invasion of the 82d Air- today and whose recent accomplish- Frenchmen. All of a sudden the Sen- borne Division. But he went on to earn ment of becoming the longest serving ator’s helicopter arrived, and two of his 5 battle stars during World War II, 18 Member of this Chamber is one we all, party were missing. He sent out the military decorations during his distin- I think, celebrated from a distance a gendarmerie to find us, and indeed they guished military career. He was made a couple of days ago. did, and they hauled us back. What a major general of the U.S. Army Re- When I was elected to the Senate in scolding he gave us for delaying his de- serves. In working with him during the 1994, I found myself, after the election parture by some 20 minutes. But, boy, years on the Senate Veterans’ Commit- was over, given the first chance really we emboldened ourselves with the fin- tee, I found him to be the most signifi- to reflect on what it meant to serve est from a French cellar of their wine cant contributor toward the recogni- here and the people that I would have and their cheese. tion that we can never do enough to the chance to serve with. I think dur- Those are just moments that we have meet our obligation to our veterans, ing an election campaign you only shared together. And now I look for- those who did so much and gave so focus on the issues and the opposition ward to serving with him throughout much. and the campaign. But when it was fin- his career here in the U.S. Senate and But his balance was that while we ished, I was able to think about the re- particularly sharing with him, as do all can never do enough, we have to do a markable chance I was going to have to members of our committee, the respon- better job with what we have to keep come to this Chamber and be a part of sibilities to keep America strong. up with the changing needs of the vet- a Chamber filled with so much history I close with one other recollection. erans and do more and get more input and have the opportunity to serve with That is his great fondness for children, from the veterans’ organizations and such a distinguished Member as is the not only his own, but he never fails to accepting the responsibilities associ- Senator from South Carolina and the ask me about mine. As I watch him go ated with our obligation to meet our Senator from North Carolina and oth- through the Halls of Congress, there is veterans’ needs. He has been honored ers who have been here and who have one Senator who will stop and take many times by various veterans groups made their marks. whatever time is required to greet for his contribution. No sooner did I arrive—I was listen- every child. His parting words are, But I particularly look back to the ing to the Senator from Alaska de- ‘‘Someday you can be a U.S. Senator.’’ days when we worked together in meet- scribe his first meeting with Senator June 3, 1997 CONGRESSIONAL RECORD — SENATE S5217

THURMOND. In my first meeting with 2-year-olds do, in any fashion they Depression by, among other things, him, I was amused because he came up could without using utensils. About strengthening education; establishing a and said he was stunned that anybody that time Senator THURMOND appeared rural electrification program; helping like me could get elected from the in the dining room and wondered what our farmers; and by establishing the State of Michigan. I remember when he all the hubbub was over at Senator South Carolina Public Service Author- said that, I was thinking that he was ABRAHAM’s table. He came over and ity known as Santee-Cooper. taking note of the fact that I was the asked what the occasion was and we In subsequent years I became in- first member of my party to win in told him it was our birthday party for volved in a number of different public that State since 1972, and his recollec- twin daughters. He took a lot of time service endeavors, some of which have tion of how long it had been since a and gave each of the girls a birthday been mentioned by others here today in Michigan Senator from my party had hug, and as he walked away I noticed a their flattering floor statements about been elected made me feel pretty couple of fingerprints may have ad- me. One position after another, and pleased that I had become known to hered to the back of his coat that night though I did not deliberately set out on him and that he had taken note of my from one of our little girls. this path, each job I had—State sen- success. The degree to which he cares about ator, State circuit court judge, Army I was then delighted when, as a con- all of us here and the affection he has officer, attorney, and Governor— sequence of the committee selection for us and our families which shows a seemed to be leading toward the U.S. process, I was able to secure a seat on side beyond the leadership side that Senate. To those who want to dedicate a part the Judiciary Committee, which gave makes him such a special person. I just of their lives to serving the Nation, I me an opportunity to serve directly want to say, Senator, I am very proud can think of no better place to do so with the former chairman of that com- to have been given the chance to come than in the U.S. Senate, and my time mittee, who had distinguished himself to the Senate, and especially proud to in this institution has truly been the in that role. Indeed, some of the former have had the chance to serve with you. happiest and most rewarding in my staffers of that committee now live in I want to thank you on behalf of my life. Over the past four decades, I have my State, and we have had the chance constituents for your contributions to been pleased to have been a part of to reminisce about some of the various our Nation. hundreds, if not thousands, of worth- accomplishments that took place when I yield the floor. while endeavors through my duties as a The PRESIDING OFFICER. The Senator THURMOND chaired the Judici- Senator, and my service on the Com- President pro tempore, the senior Sen- ary Committee. mittees on the Judiciary and Armed ator from the great State of South Then, indeed, as all the Members who Services and Veterans’ Affairs. have already spoken have acknowl- Carolina. I knew when I moved up here with Mr. THURMOND. Mr. President, it edged, his leadership both in his State my first wife, the late Jean Crouch prior to his election to the Senate and hardly seems that almost 43 years have Thurmond, that I would never earn since coming here in a variety of areas, passed since December 24, 1954, when I wealth from my tenure in the Senate, ranging from the defense of this Nation first became a U.S. Senator by raising but financial gain was never a consid- to the role he has played in the judici- my right hand and taking the oath of eration for me when I ran for this of- ary process and in fighting to combat office from then Vice President Rich- fice. In fact, financial compensation is crime and lawlessness are all signs, of ard Nixon. Though it is only 527 miles, not why I or anyone else becomes in- course, of somebody who has made this this is certainly a long way from where volved in public service. We do it for country stronger because of his pres- I began my career in public service in the opportunity to help others and to ence in this Chamber. 1923 as a teacher in a high school in give back to the Nation which has pro- I want to single out, though, one par- rural McCormick, SC. I am pleased to vided us with so many opportunities. ticular incident that I remember very say that it has been a rewarding and There is no other job in the world vividly, and it showed me the other gratifying journey. that allows us to have a more direct side of Senator THURMOND. When I graduated from Clemson Col- impact in rendering service than that Shortly after my arrival here in 1995, lege and took my first job, my only of a Senator. The work we do here ben- we had, as many of the Members will ambition in life was to be able to help efits millions of Americans, and how remember, a very busy first 6 months people. As I worked to educate my stu- can one not help but take great satis- in that year. We were here night after dents in McCormick—and later in faction and pride in such important night after night very late, often in sit- Ridge Spring and in Edgefield—I quick- service. Through oversight, legislation, uations where we could not share with ly realized that I could have a greater and old fashioned constituent service, our families important occasions. One impact in providing for the learning each of us is able to help the citizens of such occasion was coming up—in fact, needs of the children of South Carolina our respective States, as well as build a it is going to be repeated again in a few by shaping policy. I ran for, and was Nation which is stronger and better for weeks—which was the birthday of my elected Edgefield County Superintend- all who live here. I am very proud of twin daughters. They were born on ent of Education in 1928, and during my the fact that over the past four dec- June 22, 1993. So our family planned to tenure in that post, I implemented ades, I have had a role in building the have a birthday party for those twins many measures which raised the stand- finest military force that history has on June 22, 1995. We had plans to take ards of education in that county. I also seen. I am proud of the work we have them to a restaurant and have a birth- got my first taste of how much impact done on the Judiciary Committee day cake. At the last minute it turned a person can have through elected of- which has helped to safeguard the Con- out we had votes that night. That was fice. stitution, keep the judicial branch back when we were keeping the Senate At that time, South Carolina was an independent, and provided sound poli- dining room open for Members and economically challenged place well be- cies to help make our streets safe. their families on Thursday nights. And, fore the great crash of the stock mar- Most importantly, I am pleased that I happily, therefore, we were able to still ket which sent the Nation plummeting have been able to use my Senate office have dinner together, although not as into the Great Depression. Without to help hundreds of thousands of South we had planned. trying to sound melodramatic, life was Carolinians interact with a govern- We were down in the dining room, hard back then, the banks were failing, ment bureaucracy that can sometimes and it was just my wife, myself, and businesses were closing, and people be confusing, unyielding, and intimi- our two kids. The folks who worked were very concerned about the future. dating. there were nice enough to prepare a As someone who was eager to try and It has been a special pleasure for me birthday cake at the last minute. So improve conditions in my home coun- to help the veterans who serve this Na- we had two candles on that cake. Our ty, as well as throughout the Palmetto tion in times of war, as well as the little daughters, after eating a little State, I declared for State Senator in families of those who have made the ul- bit of their dinner, immediately turned 1932 and was elected to office. For 5 timate sacrifice. to the birthday cake and plowed into it years, I helped shape policy that guided As I stand here and reflect upon my with their fingers and began eating, as South Carolina out of the depths of the career, I have nothing but positive S5218 CONGRESSIONAL RECORD — SENATE June 3, 1997 memories. During the course of my Mr. BAUCUS. Mr. President, I rise ers need time for their families. And tenure, I have had the privilege of serv- today to speak on the Baucus-Kerrey- that is why we need to make sure that ing with some of the truly great figures Landrieu substitute amendment to every household can choose how to use in the history of this Body. I have been Senator ASHCROFT’s comptime bill. their time and money. fortunate to make many good friends The Fair Labor Standards Act is a There are three clear reasons why my through my service in the Senate. I am set of laws that Congress enacted some colleagues should vote for the sub- often asked how I want to be remem- 60 years ago to protect the American stitute amendment offered by myself, bered, and my answer today is the worker from abuse in the workplace. Senator KERREY from Nebraska, and same as it was in 1954, or would have These laws do a good job to make sure Senator LANDRIEU. First, our amend- been in 1923—for being an honest, patri- that our country’s greatest asset, our ment will allow employees the final otic, and helpful person. I would like to work force, is protected. They put a choice on when and how they will use be remembered as one who cares; cares halt to child labor. They established a their overtime. Whether it is time or for his family, his friends, and cares for 40-hour workweek. And they set up the money, the worker gets the choice. his Nation. concept of pay and a half for overtime. That is very important. Though I look forward to completing Under these laws, our country has Senator ASHCROFT’s bill leaves the this term, when I finally retire in 2002, grown and thrived, and, by and large, final decision on how you spend your I hope that if I leave any legacy, it is our workers are protected from ex- time with the employer. Their bill has that answering the call of public serv- travagant abuses. no protection for the worker. In fact, it ice is an honorable and worthy voca- However, our society has changed a would allow an employer to discrimi- tion. It is only through the efforts of great deal since Congress enacted that nate against a worker who chooses to men and women, regardless of their po- landmark legislation. We have more take money for their overtime. That is litical ideology, who believe in working families where both parents hold down just not fair. for the greater good that we will be full-time jobs. We have more single- The second difference is that our able to assure that the United States parent households. And for everyone it amendment does not tamper with the remains a bastion of freedom, justice, seems as if their dollar does not buy as 40-hour workweek. If you work more and hope. much as it used to. than 40 hours in a week, you are enti- In closing, I wish to thank my col- All that means longer hours on the tled to time-and-a-half pay. That is the leagues for their beautiful words con- job, which, in turn, leads to less time way it has always been under the Fair cerning my public service. It has been spent with the family. Today’s parents Labor Standards Act. Americans over- a privilege to serve with such able dedi- find themselves caught in a tightrope whelmingly support the 40-hour work- cated, and wonderful people. I thank act as they try to balance the needs of week, and we ought to preserve it. them for their many courtesies. God their families with the demands of Under Senator ASHCROFT’s bill, a bless this magnificent body and the their jobs, and that just is not fair. worker could log 60 hours in 1 week and United States of America. I believe we are in a position to help not qualify for 1 minute of overtime. The PRESIDING OFFICER. The Sen- them. That does not mean we should go For over 60 years, we have told our em- ator from North Carolina. about dismantling the protections on ployees that if they worked hard and Mr. HELMS. Mr. President, I thank which our workers have come to rely. did a good job, they would be rewarded. the Chair. That is what some provisions of Sen- Under this bill, we are reneging on that (The remarks of Mr. HELMS pertain- ator ASHCROFT’s bill will do, and I promise. The result is a pay cut for ing to the introduction of Senate Joint think that is the wrong path. America’s workers. Resolution 31 are located in today’s Instead, we must adapt our labor And finally, the third reason my col- RECORD under ‘‘Statements on Intro- laws to maintain the protections that leagues should support the substitute duced Bills and Joint Resolutions.’’) are so necessary while making it pos- is that President Clinton has said he f sible for our workers to have some would sign our amendment, and he has flexibility. That is the right path. That said he would veto the other comptime RECESS is why my colleagues must support our bill. So if we are truly interested in The PRESIDING OFFICER. The Sen- substitute amendment. giving workers flexibility in passing ate will stand in recess. In Montana, I meet a lot of hard- the comptime bill, we must support, I Thereupon, the Senate, at 1:23 p.m., working people. One thing they tell me believe, our amendment. It is the only recessed until 2:16 p.m.; whereupon, the time and time again is they need more chance for a meaningful reform this Senate reassembled when called to flexibility in their work schedules. year. order by the Presiding Officer (Mr. They need to be able to choose between Look, I think most Senators agree HAGEL). earning time-and-a-half pay for their we need comptime. It is a good idea f overtime or taking that time in the whose time has come. Yet, there are form of vacation. This choice would two ideas of how to get it done. One FAMILY FRIENDLY WORKPLACE allow workers to either put aside a lit- would take away workers’ choice, end ACT tle extra money or take some time to the 40-hour workweek, and is headed The PRESIDING OFFICER. The Sen- be with their families. toward a certain Presidential veto. The ate will now resume consideration of S. One area where the effects of this other, our substitute, lets workers de- 4, which the clerk will report. flexibility will be greatly felt is edu- cide how to use their overtime, main- The legislative clerk read as follows:. cation. You see, in Montana, we pride tains the 40-hour workweek and will A bill (S. 4) to amend the Fair Labor ourselves on the quality education we become law if we pass it. Our amend- Standards Act of 1938 to provide to private provide our children. And we have done ment I think is the more reasonable sector employees the same opportunities for a pretty good job. One key to our suc- choice. time-and-a-half compensatory time off, bi- cess is parental involvement in their So if you are really interested in weekly work programs, and flexible credit kids’ education. That means taking passing a comptime bill, this is the hour programs as Federal employees cur- rently enjoy to help balance the demands time to meet with teachers, helping time and our proposal is the bill. I urge and needs of work and family, to clarify the out on homework and participating in my colleagues to vote in favor of the provisions relating to exemptions of certain extracurricular activities. Baucus-Kerrey-Landrieu substitute professionals from the minimum wage and The Baucus-Kerrey-Landrieu amend- amendment to the comptime bill. overtime requirements of the Fair Labor ment will allow parents to freely Mr. President, I yield my time, and I Standards Act of 1938, and for other pur- choose how and when they use their also thank the manager of the bill for poses. overtime so that parents can again be his indulgence. The Senate resumed consideration of part of their children’s lives. Mr. D’AMATO addressed the Chair. the bill. At the same time, I know every fam- The PRESIDING OFFICER. The Sen- Mr. BAUCUS addressed the Chair. ily is different and their needs vary ator from New York. The PRESIDING OFFICER. The Sen- greatly. Lots of folks depend on a little Mr. D’AMATO. Mr. President, I ask ator from Montana. extra money to make ends meet. Oth- that I might be permitted to proceed June 3, 1997 CONGRESSIONAL RECORD — SENATE S5219 for up to 10 minutes as if in morning released by the Union Bank and the po- In the letter the prosecutor says, ba- business. lice authorities. sically, that ‘‘we intend,’’ and I quote, The PRESIDING OFFICER. Without I have just recently written to the ‘‘to bring a charge’’ against Mr. Meili. objection, it is so ordered. local prosecutor, and in that letter of They are going to charge Mr. Meili Mr. D’AMATO. Mr. President, first of May 15 I said, basically, are you still with criminal conduct, not the bank all, let me thank Senator HUTCHINSON threatening to prosecute Mr. Meili? I which shredded the records. And they for being so gracious in permitting me ask that the full text of that letter be want Mr. Meili to come back to Swit- this opportunity because I know he had printed in the RECORD. zerland for another interview. Mr. asked to speak earlier. There being no objection, the letter Meili’s lawyer, Mr. Bosonnet, writing f was ordered to be printed in the to a lawyer who is representing Mr. RECORD, as follows: Meili because Mr. Meili is here in hid- VIOLATION OF SWISS BANK U.S. SENATE, COMMITTEE ON BANK- ing, has advised him not to come back SECRECY LAWS ING, HOUSING, AND URBAN AF- to because he would face Mr. D’AMATO. Mr. President, I rise FAIRS, not only persecution but prosecution Washington, DC, May 15, 1997. today to discuss the case of Christoph and harassment. Mr. PETER COSANDEY, Meili. He is a heroic young Swiss bank Now, Mr. President, it is one thing guard, 27 years of age, who stumbled on District Attorney of the Canton Zurich, Zurich, Switzerland. for the Swiss Government to say, ‘‘Do a situation that was rather remark- DEAR MR. COSANDEY: This letter concerns not blame us for what took place 50 able. It was the shredding this past Mr. Christoph Meili, the former bank secu- years ago’’, and another thing to say, January of historical documents at rity guard who discovered the shredding of ‘‘Well, what we are doing today is cor- Union Bank of Switzerland, one of Holocaust-era documents at the Union Bank rect.’’ I say to the Swiss Government Switzerland’s largest, most prestigious of Switzerland in Zurich and who is cur- and to the Swiss banks, do not shred banks. He noted that these records rently being investigated by your office for violation of Swiss bank secrecy laws. the truth. Tell the truth. Mr. Meili dated during the period of the Holo- As you are probably aware Mr. Meili has should not be facing criminal charges caust, prior to and during World War recently testified before the Senate Banking for coming forward. II, and he knew that the Government Committee in Washington, D.C., in reference Let me share with you, if I might, of Switzerland had just passed legisla- to his discovery of the shredding of valuable what I learned just before we ad- tion prohibiting destruction of just archival documents by the Union Bank of journed. And, by the way, I commend these types of records. He took a hand- Switzerland. He told of his firing by his em- my colleagues in the Senate for passing ful of these records and brought them ployer Wache A.G., even after I received per- sonal assurances from Ambassador Thomas the bill which will give to Mr. Meili re- to the Jewish Cultural Society. They Borer that this would not take place. Mr. lief, a private relief bill which will per- then passed them on to the police— Meili stated that this firing has left him mit him and his family to reside in this never went to the media. The records penniless and has placed terrible financial country legally and to be able to be were never copied. They were never in strains upon himself and his family. As you gainfully employed. That legislation is any way compromised. are undoubtedly aware Mr. Meili has a wife now pending action in the House. But For his bravery, for standing up and and two young children that he must now let me say to you that I think all of us doing the right thing, he has been fired somehow support. Mr. Meili also testified of his hours of in- were moved when we heard the testi- from his job. In his termination letter, tense interrogation by Swiss officials and mony of Mr. Meili. Mr. Meile was told that although his their silence as to the status of their inves- I said to him, ‘‘Christoph, why did conduct was ‘‘classified as ethical and tigation. Mr. Meili also testified that Swiss you do this? Why did you take these moral in certain circles,’’ his actions officials have yet to provide him with copies documents and report and expose what were unjustifiable from the perspective of the archival documents that he saved was going on?’’ of labor law. from destruction. Mr. Meili also stated that Do you know what he said? He said, Can you imagine that. He saw the he fears for his life and the life of his wife ‘‘Two months earlier I saw ‘Schindler’s and infant children. He stated that both he law being violated. He knew that these and the members of his family have received List,’ and I knew that I must be doing documents were of import, and he was numerous threats against their lives. His something, and I could not just stand fired. Here is a noble young man who children have been threatened with kidnap- by and let this take place.’’ risked everything, a humble man, a ing and he has been told that ‘‘their ransoms So I say to my colleagues in the Sen- high school education, with a wife and could be paid from monies belonging to the ate and in the House, can we do any- two children. What happened? He is Jewish community.’’ This is unconscionable. thing less than to ask for speedy pas- called a traitor to his country. His wife He also feels that he has been ‘‘black-list- sage of that legislation that will give ed’’ by the Swiss banking community and Christoph the right to work and live and children are threatened. Hundreds will have great difficulty in securing gainful of letters pour in. employment in Switzerland. Mr. Meili here in this great country, to tell him Let me read one letter, and it is a should be treated as a hero not as a criminal. that we do appreciate his standing up tough letter. And I have seen many of It is within this light that I now ask you to for truth and justice, and also to let these: end your harassment of Mr. Meili. You do the Swiss Government know in the Meile, you bastard. The secret numbered both your office, Mr. Meili and the citizens strongest terms that we are not going account won’t do you any good. You are a of Switzerland a great injustice in continu- to stand by and do business as usual. son of a bitch, a traitor to your country. It ing your present course of action. The Union We are not going to allow them to har- will cost you your life. Your children are in Bank of Switzerland should be the subject of ass this young man, because this pros- danger. We will kidnap them and make sure your investigation, not Mr. Meili. In closing, I would also be most interested ecutor is way off base. If anything, he that you pay the ransom with your Jewish should be investigating the destruction money. We’ll finish you off. We’re going to in finding out what action your office has wipe out the entire Meile clan. Traitors like taken against Mr. Erwin Hagenmuller, the of those historical documents by the you are not wanted. If you have any courage, Archivist for the Union Bank of Switzerland Union Bank, documents that existed in you’ll kill yourself or emigrate into the who ordered the shredding of archival docu- some cases for more than 60 years. Sud- promised land to your Jewish friends—to Is- ments even though recently enacted Swiss denly they say they began to destroy rael or the U.S. You won’t live much longer law prohibits such willful destruction. Was a them by accident. I do not believe it. It in Switzerland if you don’t kill yourself. report filed by the Union Bank of Switzer- land in reference to Mr. Hagenmuller’s ac- also raises in this Senator’s mind the That is the kind of thing he has been tions? If so, could a copy of the report be for- question of how historical documents subjected to. This brave, courageous warded to the Committee for review? that have been stored in warehouses and righteous young man finds himself Respectfully, belonging to some of the banking insti- terminated from employment, ALFONSE M. D’AMATO, tutions mysteriously have caught on blacklisted. Chairman. fire. I’m talking about four different The chairman of the board of Union Mr. D’AMATO. I did not receive a di- warehouses in this country, the latest Bank, Mr. Studer says that he thinks rect reply, but let me tell you what I being in New Jersey, concerning docu- Mr. Meili did this to get money. Now, did get just yesterday. I received a let- ments that belonged to . let me say something. Mr. Meili did not ter from Mr. Meile’s attorney, Marcel I wonder how it is that shredding go to the press. This information was Bosonnet. takes place after 60 years by accident. S5220 CONGRESSIONAL RECORD — SENATE June 3, 1997 When a young bank guard comes for- ancing family and work. But some have employer’s bankruptcy, the worker’s ward and says, ‘‘Look, this is not questioned whether workers’ rights to right to be paid will be protected. right,’’ he, then, becomes the victim be paid by companies that declare That’s pro-worker and pro-family and and becomes the criminal. bankruptcy might inadvertently be af- it’s just plain fair. What we seek is justice and a full ac- fected by S. 4. My amendment will The second thing that my amend- counting. And certainly fair treatment make sure that this will not happen ment will do is insert comptime and of this heroic young man. and that workers will be fully pro- flexible credit time in the list of pre- Mr. President, I yield the floor. tected. ferred debts alongside unpaid wages. f S. 4 is a very important bill. We all That means that unused comptime and know the story. Over the past decade unused flexible credit time will have FAMILY FRIENDLY WORKPLACE or so, wages have been flat and the tax the same preferred status as unpaid ACT burden seems to just grow and grow. As wages. The Senate continued with the con- both mothers and fathers around the Mr. President, I hope that every sideration of the bill. country have had to work outside the Member of this body will support my The PRESIDING OFFICER. The Sen- home and have had to work longer and amendment. It is pro-worker and it ator from Iowa. longer hours, they have less time to makes sure that the promise of Mr. GRASSLEY. Mr. President, are spend with each other and with their comptime and flexible credit time will we on the legislation so I can offer an families. This leads to a decrease in the not turn into an empty promise. As we amendment? quality of family life. all know, most employers are honest The PRESIDING OFFICER. Yes, we And with all the assaults we have on and law abiding and will go into bank- are; pending is S. 4. families these days—increased drug use ruptcy only as a last resort. But when by teens, excessive violence and sex a company has to go into bankruptcy, AMENDMENT NO. 253 coming from Hollywood to name a we should take extra care here in Con- (Purpose: To provide protections in bank- few—Congress needs to give serious ruptcy proceedings for claims relating to gress to see to it that workers are compensatory time off and flexible work consideration to finding ways to pro- treated fairly. We should also make credit hours) tect and stabilize families. The Senator sure that workers are protected from Mr. GRASSLEY. Mr. President, from Missouri is to be commended for the small number of dishonest compa- under the unanimous-consent agree- taking such a progressive stance on nies that might try to use a loophole to ment my amendment on bankruptcy to this important issue. cheat workers out of what they’ve S. 4 will give employers the chance to this legislation has been filed. I would earned. offer families the choice of working like to take that amendment up at this My amendment simply ensures that harder and earning overtime pay or point. If it is necessary to read the unused comptime and unused flexible getting some time off in exchange for amendment, I would like to have it credit time will be as protected as un- working more. That makes good com- read. paid wages. Workers who choose to mon sense and will expand the range of The PRESIDING OFFICER. The take the time to be with their families choices that working families can clerk will report. should not be disadvantaged should make. The legislative clerk read as follows: their company have to declare bank- Now, I chair the Subcommittee on ruptcy. The Senator from Iowa [Mr. GRASSLEY] Administrative Oversight and the proposes an amendment numbered 253. Mr. President, I hope this amend- Courts, which has primary responsibil- ment passes overwhelmingly. Mr. GRASSLEY. Mr. President, I ask ity for bankruptcy policy in the Sen- I would like to also suggest that as a unanimous consent that reading of the ate. I am offering an amendment today concession to the Members of the other amendment be dispensed with. to make sure that unused comptime side of the aisle, I have also raised the The PRESIDING OFFICER. Without and unused flexible credit time will be dollar amount referred to earlier from objection, it is so ordered. protected when an employer declares $4,000 up to $6,000 as well. The amendment is as follows: bankruptcy. Under current law, unpaid I yield the floor. On page 28, after line 16, insert the follow- wages up to $4,000 are given a preferred Mr. ASHCROFT. Will the Senator ing: status if earned within 90 days prior to from Iowa yield for a question? (d) PROTECTIONS FOR CLAIMS RELATING TO COMPENSATORY TIME OFF AND FLEXIBLE a company declaring bankruptucy. Mr. GRASSLEY. Yes. CREDIT HOURS IN BANKRUPTCY PROCEED- Under the Bankruptcy Code, secured Mr. ASHCROFT. I am very pleased to INGS.—Section 507(a)(3) of title 11, United creditors are paid and then the costs of have the Senator come to the floor and States Code, is amended— administering the bankruptcy estate offer this amendment. I would like to (1) by striking ‘‘$4,000’’ and inserting will be paid. After that—ahead of all clarify the intent of my colleague. I ‘‘$6,000’’; the other creditors—workers’ wages think I understand it. (2) by striking ‘‘for—’’ and inserting the will be paid subject to those limita- If the comptime accumulated earn- following: ‘‘provided that all accrued com- tions I just described. ings, which might either be paid off at pensatory time (as defined in section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. I believe that comptime and flexible the end of the year as comptime that 207) or accrued flexible credit hours (as de- credit time should be protected in the gets cashed out or might be taken as fined in section 13(A) of the Fair Labor same way as unpaid wages because un- comptime, as time off—if that is older Standards Act of 1938) shall be deemed to used comptime and unused flexible than 90 days old, under the current law have been earned within 90 days before the credit time are essentially unpaid it might not have all the protections in date of the filing of the petition or the date wages. bankruptcy that normal wages would of the cessation of the debtor’s business, So, my amendment does two things. have; is that correct? whichever occurs first, for—’’; and First, my amendment provides that all Mr. GRASSLEY. The Senator from (3) in subparagraph (A), by inserting before unused comptime and unused flexible the semicolon the following: ‘‘or the value of Missouri has the existing law correct. unused, accrued compensatory time (as de- credit time will be deemed to have That is right. fined in section 7 of the Fair Labor Stand- been earned within 90 days prior to the Mr. ASHCROFT. So what the Senator ards Act of 1938 (29 U.S.C. 207)) or the value employer filing for bankruptcy. This is doing is making sure that everything of unused, accrued flexible credit hours (as will prevent a dishonest employer who that would be in a comptime or flex- defined in section 13A of the Fair Labor wants to cheat workers from arguing time bank in terms of hours would be Standards Act of 1938)’’. that he doesn’t have to pay the value protected at the highest level of pro- Mr. GRASSLEY. Mr. President, I rise of unused comptime or unused flexible tection as recently earned wages under today to offer a bankruptcy amend- credit time because they might have the bankruptcy law? ment to resolve an important question been earned over a period of a year or Mr. GRASSLEY. Yes. which has been raised regarding S. 4. even longer. In other words, by having Mr. ASHCROFT. I think that is a This is a bill which will provide Ameri- the law deem all unused comptime and clear improvement to this measure, in ca’s working families with some much- unused flexible credit time as having terms of protecting the interests of needed relief from the demands of bal- been earned within 90 days prior to the workers. I thank the Senator from June 3, 1997 CONGRESSIONAL RECORD — SENATE S5221 Iowa for his insight and his expertise in tive for the implementation of the rights and Washington and look down upon the this area, which obviously reflects his protections under this subsection. people and tell them how to run their experience with the bankruptcy laws (c) COMPENSATORY TIME OFF.— businesses. This is a democracy, and and his experience in matters of this (1) REGULATIONS.—The Board shall, pursu- therefore we make laws for the people, ant to paragraphs (1) and (2) of section 203(c), and we, too, are the people. character. and section 304, of Public Law 104–1, issue Mr. GRASSLEY. Is it appropriate to regulations to implement section 203 of such This amendment is offered for the urge the adoption? It is not appro- law with respect to section 7(r) of the Fair same purpose. It is a continuation of priate? We have not had the minority Labor Standards Act of 1938 (29 U.S.C. 207(r)), the spirit and intent of the Congres- people speak to it yet. as added by section 3(a). sional Accountability Act. I ask unanimous consent to lay this (2) REMEDY.—The remedy for a violation of In the Federalist Papers, Federalist amendment aside for the consideration section 203(a) of Public Law 104–1 shall be 57, James Madison wrote that: of a second amendment that I have al- such remedy, including liquidated damages, [Members of Congress] can make no law as would be appropriate if awarded under ready filed. which will not have its full operation on section 16(b) of the Fair Labor Standards Act themselves and their friends, as well as on The PRESIDING OFFICER. Without of 1938 (29 U.S.C. 216(b)), and (in the case of the great mass of society . . . it creates be- objection, it is so ordered. a violation concerning section 7(r)(6)(A) of tween them that communion of interests and AMENDMENT NO. 256 such Act (29 U.S.C. 7(r)(6)(A))), section sympathy of sentiments of which few govern- (Purpose: To apply to Congress the same pro- 16(f)(1) of such Act (29 U.S.C. 216(f)(1)). ments have furnished examples, but without visions relating to compensatory time off, (3) EFFECTIVE DATE.—Subsection (a)(3), and which every government degenerates into biweekly work programs, flexible credit paragraphs (3) and (4) of subsection (c), of tyranny. hour programs, and exemptions of certain section 203 of Public Law 104–1 cease to be ef- The bill before us gives important op- professionals from the minimum wage and fective on the date of enactment of this Act. tions to the private workplace that overtime requirements as apply to private (d) RULES OF APPLICATION.—For purposes Government—with exceptions includ- sector employees) of the application under this section of sec- ing Congress—has enjoyed for years. It Mr. GRASSLEY. This amendment is tions 7(r) and 13A of the Fair Labor Stand- ards Act of 1938 to covered employees of an is only fair that if these options—com- amendment 256. It has been filed. employing office, a reference in such sec- pensatory time, bi-weekly schedules The PRESIDING OFFICER. The tions— and flextime—apply to the private sec- clerk will report. (1) to a statement of an employee that is tor, then they must also apply to Con- The legislative clerk read as follows: made, kept, and preserved in accordance gress. A rationale of the Congressional The Senator from Iowa [Mr. GRASSLEY] with section 11(c) of such Act shall be consid- Accountability Act was that by requir- proposes an amendment numbered 256. ered to be a reference to a statement that is ing us to live under the same laws as Mr. GRASSLEY. Mr. President, I ask made, kept in the records of the employing the private sector, we will understand office, and preserved until 1 year after the unanimous consent that reading of the the challenges created by the laws that last day on which— we pass. If we apply compensatory amendment be dispensed with. (A) the employing office has a policy offer- The PRESIDING OFFICER. Without ing compensatory time off, a biweekly work time, bi-weekly schedules and flextime objection, it is so ordered. program, or a flexible credit hour program in to the private sector, we must also The amendment is as follows: effect under section 7(r) or 13A of such Act, apply it to Congress. Otherwise, we will At the end of the bill, add the following: as appropriate; and not get an accurate understanding of (B) the employee is subject to an agree- what our labor laws do to our busi- SEC. 4. APPLICATION OF LAWS TO LEGISLATIVE BRANCH. ment described in section 7(r)(3) of such Act nesses and workers. or subsection (b)(2)(A) or (c)(2)(A) of section (a) DEFINITIONS.—In this section, the terms The language in this amendment is ‘‘Board’’, ‘‘covered employee’’, and ‘‘employ- 13A of such Act, as appropriate; and carefully crafted to complement the ing office’’ have the meanings given the (2) to section 9(a) of the National Labor Congressional Accountability Act. The terms in sections 101 and 203 of Public Law Relations Act (29 U.S.C. 159(a)) shall be con- drafting of this language was a long 104–1. sidered to be a reference to subchapter II of and careful process. I drafted it in con- chapter 71 of title 5, United States Code. (b) BIWEEKLY WORK PROGRAMS; FLEXIBLE sultation with the Office of Compliance CREDIT HOUR PROGRAMS; EXEMPTIONS.— (e) EFFECTIVE DATE.— (1) IN GENERAL.—This section shall take ef- and the Senate Employment Counsel. I (1) IN GENERAL.—The rights and protec- thank both of these offices for their ef- tions established by sections 13(m) and 13A fect, with respect to the application of sec- of the Fair Labor Standards Act of 1938, as tion 7(r), 13(m), or 13A of the Fair Labor forts to craft this language and make added by section 3, shall apply to covered Standards Act of 1938 to covered employees, it the most effective and fair language employees. on the earlier of— possible. (2) REMEDY.—The remedy for a violation of (A) the effective date of regulations pro- I ask my colleagues to support this paragraph (1) shall be such remedy, including mulgated by the Secretary of Labor to im- amendment and to join me once again liquidated damages, as would be appropriate plement such section; and in saying that we are not above the if awarded under section 16(b) of the Fair (B) the effective date of regulations issued laws that we make. Labor Standards Act of 1938 (29 U.S.C. 216(b)), by the Board as described in subsection (b)(5) I yield the floor. and (in the case of a violation concerning or (c)(1) to implement such section. Mr. GORTON addressed the Chair. section 13A(d) of such Act), section 16(g)(1) of (2) CONSTRUCTION.—A regulation promul- The PRESIDING OFFICER. The Sen- gated by the Secretary of Labor to imple- such Act (29 U.S.C. 216(g)(1)). ator from Washington. (3) ADMINISTRATION.—The Office of Compli- ment section 7(r), 13(m), or 13A of such Act AMENDMENT NO. 265 ance shall exercise the same authorities and shall be considered to be the most relevant perform the same duties with respect to the substantive executive agency regulation pro- (Purpose: To prohibit coercion by employers rights and protections described in para- mulgated to implement such section, for pur- of certain public employees who are eligi- graph (1) as the Office exercises and performs poses of carrying out section 411 of Public ble for compensatory time off under the under title III of Public Law 104–1 with re- Law 104–1. Fair Labor Standards Act of 1938 and pro- spect to the rights and protections described Mr. GRASSLEY. Mr. President, I rise vide for additional remedies in a case of co- ercion by such employers of such employ- in section 203 of such law. today to offer a very important amend- ees) (4) PROCEDURES.—Title IV and section 225 ment. This amendment applies the pro- Mr. GORTON. Mr. President, I ask of Public Law 104–1 shall apply with respect visions of this bill, S. 4, to Congress. to violations of paragraph (1). unanimous consent that the current As most Senators know, I pushed for (5) REGULATIONS.— amendment be laid aside and call up (A) IN GENERAL.—The Board shall, pursu- the adoption of the original Congres- amendment No. 265. ant to section 304 of Public Law 104–1, issue sional Accountability Act for many The PRESIDING OFFICER. Without regulations to implement this subsection. years before it was enacted. Finally, in objection, it is so ordered. The clerk (B) AGENCY REGULATIONS.—The regulations the last Congress, with my sponsor- will report the amendment. issued under subparagraph (A) shall be the ship, we enacted the Congressional Ac- The legislative clerk read as follows: same as substantive regulations promulgated countability Act into law. With this The Senator from Washington [Mr. GOR- by the Secretary of Labor to implement the act we said that we in Congress are no TON] proposes an amendment numbered 265. statutory provisions referred to in paragraph (1) except insofar as the Board may deter- better than the business men and Mr. GORTON. Mr. President, I ask mine, for good cause shown and stated to- women in our States. We are not dif- unanimous consent that further read- gether with the regulation, that a modifica- ferent and we, too, must live under the ing of the amendment be dispensed tion of the regulations would be more effec- laws that we pass. We no longer sit in with. S5222 CONGRESSIONAL RECORD — SENATE June 3, 1997 The PRESIDING OFFICER. Without ment be laid aside temporarily so I zen back in 1938. Predictably, this has objection, it is so ordered. may make a statement in support of created unintended burdens for mil- The amendment is as follows: this bill. lions of workers. Beginning on page 10, strike line 8 and all The PRESIDING OFFICER. Without For example, under today’s law, a that follows through page 10, line 16 and in- objection, it is so ordered. worker who wants to put in 45 hours sert the following: ‘‘subsection (o)(8).’’. Mr. GRAMS. Thank you very much. one workweek in exchange for 35 hours (4) APPLICATION OF THE COERCION AND REM- Mr. President, I have come to the the next—in order to attend a child’s EDIES PROVISIONS TO EMPLOYEES OF STATE floor this afternoon to express my sup- soccer game, parent-teacher con- AGENCIES.—Section 7(o) of the Fair Labor port for the Family Friendly Work- ference, or doctor’s appointment—must Standards Act of 1938 (29 U.S.C. 207(o)) is place Act introduced by my colleague amended— first have an employer who is willing (A) in paragraph (7), by striking ‘‘(7) For’’ from Missouri, Senator JOHN to pay five hours of overtime pay for and inserting ‘‘(8) For’’; and ASHCROFT. I join with the Nation’s the 45-hour week. Because many em- (B) by inserting after paragraph (6), the working men and women in thanking ployers cannot afford additional over- following: my friend for his leadership in bringing time expenses, working parents are left ‘‘(7)(A) The provisions relating to the pro- this legislation to the floor and giving with two choices: One is lose five hours hibition of coercion under subsection us an opportunity to focus on what has of pay in order to be with a child, or (r)(6)(A) shall apply to an employee and em- become the single most precious com- miss the soccer game, school award, or ployer described in this subsection to the modity for working families in the same extent the provisions apply to an em- doctor’s appointment. That is an unfair ployee and employer described in subsection 1990’s, and that is time. choice parents should not be forced to (r). Trapped between less time and great- make. ‘‘(B)(i) Except as provided in clause (ii), er demands, the American people are Employers who try to extend a help- the remedies under section 16(f) shall be calling for more choices and flexibility ing hand to employees with flexible made available to an employee described in in setting their work schedules. They scheduling do so at the risk of fines this subsection to the same extent that rem- want help in balancing the competing and penalties from the Department of edies are made available to an employee de- demands for time between their fami- Labor. It is the law—you are not al- scribed in subsection (r). lies and their jobs. When surveyed in ‘‘(ii) In calculating the amount an em- lowed to work 45 hours now in return ployer described in this subsection would be March by Money magazine, 64 percent for 35 hours in another week and still liable for under section 16(f) to an employee of the American public—and 68 percent keep a full paycheck. described in this subsection, the Secretary of working women—said they would President Clinton has said he under- shall, in lieu of applying the rate of com- prefer time off instead of extra pay for stands this problem and has proposed pensation in the formula described in section overtime, if the law permitted such a expanding unpaid time off under the 16(f), apply the rate of compensation de- choice. Family and Medical Leave Act. Unfor- scribed in paragraph (3)(B).’’. Unfortunately, the law does not tunately, his plan only allows leave (5) NOTICE OF EMPLOYEES.—Not later than allow such choices, even though dra- without pay. It was designed for peri- 30 days after the date of enactment of this Act, the Secretary of Labor shall revise the matic changes have taken place in ods of extended leave, not for the flexi- materials the Secretary provides, under reg- America since 1938, when Congress bility needed to meet the daily chal- ulations contained in section 516.4 of title 29, wrote the basic law governing U.S. lenges of modern family and working Code of Federal Regulations, to employers workplaces. Six decades ago, most la- life. Working parents would still have for purposes of a notice explaining the Fair borers were employed in industrial to take a pay cut to be with their chil- Labor Standards Act of 1938 to employees so plants or on farms. Fewer than 16 per- dren. that the notice reflects the amendments cent of married women with children in Mr. President, I firmly believe the made to the Act by this subsection. school were employed outside the time has come to bring our employ- Mr. GORTON. Mr. President, I send a home. Today, service jobs are a key ment laws into the 1990’s, and so I have second-degree amendment to amend- part of the economy where more than proudly signed on as an original co- ment No. 265 to the desk and ask for its 75 percent of married women with sponsor of the Family Friendly Work- immediate consideration. school-age children now work outside place Act. Our bill would create flexi- The PRESIDING OFFICER. The Sen- the home. ble scheduling options for working ator does not have the right to amend Many parents are under tremendous Americans, benefiting millions of hard- his own amendment at this point. stress, often holding down more than working women and men. Mr. GORTON. Mr. President, I ask one job while trying to raise their chil- First, workers under this legislation unanimous consent to be granted that dren. The strain can be even more pro- would have paid flexible leave. To cre- right. nounced in single-parent households or ate time for their families, employees The PRESIDING OFFICER. Is there two-parent families where both spouses could choose to work additional hours objection? work. Is it any surprise that today’s in one week, to fill in a shorter week Mrs. MURRAY. I object. parents are spending 40 percent less later. Employees could bank up to 50 The PRESIDING OFFICER. Objec- time with their children than parents hours of flexible leave that can be tion is heard. did just three decades ago? It seems taken with pay. The Senator from Washington has there are not enough hours in the day Also second, employees could set 2- the floor. anymore to always fulfill the demands week schedules totaling 80 hours in any Mr. GORTON. Mr. President, I sug- of family and of work. combination. For example, an em- gest the absence of a quorum. Twenty years ago, Congress over- ployee might want every other Friday The PRESIDING OFFICER. The whelmingly approved relief for federal off, compensating for the day off by clerk will call the roll. workers by enacting flexible work op- working 80 hours over the course of 9 The legislative clerk proceeded to tions for government employees. Dur- days. This system has worked well for call the roll. ing House consideration of the bill, Federal employees. Mr. GRAMS. Mr. President, I ask then-Representative Geraldine Ferraro Third, employees could take time unanimous consent that the order for said, ‘‘Flexible schedules have helped and one-half off, instead of overtime the quorum call be rescinded. reduce the conflicts between work and pay. Employees would have the option The PRESIDING OFFICER. Without personal needs, particularly for work- of cashing out these comp time hours objection, it is so ordered. ing women and others with household for overtime pay, if they wished. It is Mr. GRAMS. Mr. President, I ask, responsibilities.’’ Also, Representative important to note that these options what is the order of the business of the Patricia Schroeder added, ‘‘Flextime are entirely voluntary and any action Senate? increases employee morale and produc- must be set into motion by the em- The PRESIDING OFFICER. The tivity.’’ ployee, not the employer. Your em- pending question is amendment No. Even though federal workers have en- ployer can’t force you to take comp 265. joyed these benefits for years, the rules time if you prefer the overtime. The Mr. GRAMS. Mr. President, I ask governing the workplace and working bill, in fact, sets stiff penalties for co- unanimous consent that the amend- hours for the private sector remain fro- ercive or abusive actions by employers. June 3, 1997 CONGRESSIONAL RECORD — SENATE S5223 While I believe the bill affords em- ability to bank extra time which could ing $750 a week, women are more than ployees the necessary protections, be taken as paid time off. Second, the twice as likely as men to choose ‘‘fewer should there be reports of widespread measure will give employees and em- hours for less pay.’’ Second, a recent abuse under this legislation, I will be ployers the ability to work out a flexi- poll by Money magazine found that 66 among the first to call for its repeal. ble scheduling arrangement. Sound percent of the American people would Mr. President, an editorial published simple enough? Surprisingly, these rather have their overtime in the form in the April 7, 1997, edition of the Min- common-sense practices are now pro- of time off, rather than cash wages, neapolis Star-Tribune raised some of hibited under current law. and 82 percent said they support the these same concerns—concerns I be- The only explanation I can find for Republican-backed comptime bills. lieve have been satisfied—and the the opposition to this proposal is the Also worth noting is the endorsement newspaper found the premise behind flurry of misinformation that sur- of the Family Friendly Workplace Act the bill to be solid. The newspaper rounds this debate. For instance, I by Working Woman and Working Moth- wrote: have received a few letters in my office er magazines. This is pretty appealing to busy Ameri- from Washington labor organizations, Even more perplexing is the Presi- cans, many of whom would happily forgo $60 which reveal their unfortunate mis- dent’s failure to recognize the special in overtime pay for the chance to spend Fri- understanding of this bill. One letter needs of working women by refusing to day with their kids or a string of walleyes. states, ‘‘S. 4 contains no penalty to allow comptime in exchange for over- And it is an efficient form of time manage- punish employers who force workers to time pay. While overtime pay is in- ment for employers who see their offices take compensatory time off if the valuable to many workers, nearly three swamped with work one week but becalmed workers want, instead, to receive pre- out of four workers reporting overtime the next. mium pay at the time-and-a-half rate, pay are men. In fact, overtime pay is The editorial concluded by saying after they work in excess of 40 hours most commonly reported in industries that during a week.’’ This claim is false. which are heavily dominated by men— Clinton and Congress’ Republican leader- Not only are these options 100 percent manufacturing (73%), mining and con- ship should find a way to accommodate the struction (95%), and transportation needs of business and American workers in a voluntary for the employee, but, in ad- changing economy . . . After all, the whole dition to protections that already exist (88%). Of the small number of women point is flexibility. under the Fair Labor Standards Act who work in mining and construction, Mr. President, I trust working par- [FLSA], S. 4 establishes further prohi- only 5 percent worked overtime in 1996, ents with that flexibility because only bitions against employee coercion in while 95 percent of men did. The Presi- they know what is best for their fami- the voluntary acceptance of comptime. dent’s commitment to defeating this lies. The flexibility is especially mean- Intimidation is outlawed. Another let- proposal will disproportionately harm women. ingful for the Nation’s working women ter I received argues that ‘‘the enact- While these polls and statistics are as well. Both Working Women and ment of a less effective FLSA would helpful and revealing, I need go no fur- Working Mother magazines have en- jeopardize worker safety and health as employees are forced to accept exces- ther than my home State to be con- dorsed the flextime and comptime vinced of the value of the Family measures in the Family Friendly sively long and hazardous overtime as- signments without pay fearing loss of Friendly Workplace Act. One engineer- Workplace Act, recognizing that 28.8 ing firm in New Hampshire, for in- million working women stand to gain future employment opportunities * * *’’ This claim is untrue. Let me re- stance, uses a complicated formula to from this proposal. allow employees every other Friday Times have changed dramatically peat—these options are 100 percent vol- off. But the complexity of their current since 1938, and change is long overdue. untary for the employee. I am also confused by arguments my system is exactly why they would pre- In fairness to workers and their fami- fer the passage of S. 4. If there is any lies, and in the interest of the produc- colleagues have made against this measure. One amendment the oppo- doubt that this flextime is appealing to tivity of our economy, it is time to employees, this company, like many in modernize our labor laws and give all nents may offer would expand the Fam- ily and Medical Leave Act to grant the highly competitive technology in- workers the choice of flexible work op- dustry, advertises their existing flexi- tions. So Mr. President, in concluding, workers up to 24 hours of unpaid leave to participate in their child’s school ble week as an incentive when seeking I would like to say that the Family out technical expertise. Any Senator Friendly Workplace Act offers much- activities. They point to a poll that found that 86 percent of the American who represents an area like the North- needed help for Americans striving to east, which has a large technology meet all the needs of their families. I public favor legislation that would allow workers unpaid leave to attend presence, can understand how competi- urge the support of my colleagues, and tive the recruiting can be. The flex once again I want to thank the Senator parent-teacher conferences. Did the poll ask Americans if they would like week is so appealing to potential em- from Missouri for his leadership in ployees, firms highlight it in their ads bringing this bill before the Senate. paid leave for these educational pur- poses? I also find this amendment puz- in an effort to outbid their competi- Thank you very much, Mr. President. tors. zling since the first argument I hear I yield the floor. Because of the false claims, incon- Mr. SMITH of New Hampshire. Mr. from labor groups is that workers can- sistency, and bias against women, I re- President, today the Senate is debating not afford to take compensatory time ject the arguments against the Family an aptly titled bill, the Family Friend- off since they rely on their overtime Friendly Workplace Act. It is time that ly Workplace Act. The working fami- pay. I agree that many workers would these options are enjoyed by all Amer- lies of today face more challenges than not take the comptime option because ican workers, not just Federal employ- their parents and grandparents could they prefer additional pay. But if extra ees. I hope my colleagues will join me have imagined. In addition to providing pay is their first priority, why would in support of this commonsense legisla- for their children, parents want to bal- they be so anxious to take unpaid tion, and vote to invoke cloture. ance the other demands on their time— leave? Mr. WELLSTONE addressed the parent-teacher conferences, little Furthermore, opponents cite the po- Chair. league games, doctor appointments, sition of various women’s organiza- The PRESIDING OFFICER. The Sen- car pools—but have little flexibility. tions in Washington who have come ator from Minnesota. The family friendly workplace will out against this bill. Like many inside- Mr. WELLSTONE. I thank the Chair. give employees the opportunity to ad- the-beltway groups, they seem to have Mr. President, I would like to briefly just their work hours to take advan- fallen out of step with the average respond to some of the discussion that tage of paid time off during the work- working woman, since several studies deals with S. 4, which is egregiously day. It is a short, simple bill that contradict their opposition. For exam- entitled the ‘‘Family Friendly Work- would extend to the private sector the ple, a study conducted by the Employ- place Act.’’ But I also want to say to same benefits already enjoyed by pub- ment Policy Foundation reveals that my colleagues that I am going to spend lic employees for almost 20 years. women are far more eager to trade in- a little bit of time talking about disas- First, it will allow hourly workers the come for leisure—among women earn- ter relief and the failure of the House S5224 CONGRESSIONAL RECORD — SENATE June 3, 1997 of Representatives to move forward critical to their family’s income. In a have an elderly parent that is ill, they with this legislation because I think huge percentage of families with in- ought to be able to do it. If we really that takes priority over all of our busi- comes under $20,000 a year, the house- want to give them flexibility, we ness here. hold head works overtime. So what you should give them flexibility. That is Mr. President, I will agree with my do not want to have happen is a situa- not in this piece of legislation. colleagues, starting with Senator tion where an employer is only going I also say to the Senator from Wash- ASHCROFT, whom I enjoy as a col- to give the overtime to those people ington that, in addition, we have a league, that this piece of legislation who take comptime as opposed to peo- very serious problem here. Sometimes deals with a very important question. ple who want to have time-and-a-half I think here in the Senate we lose sight And the question is how people balance pay. Again, so far, we have not seen of the reality of the circumstances of their commitments to work with their any willingness to sit down and nego- many families in our country. We have commitments to family. I think that is tiate and compromise on some of these a paradoxical situation where we have a very important question. questions. this impressive abundance, an afflu- But I would like to just repeat one Mr. President, in committee Senator ence and good macroeconomic indica- more time for my colleague from Mis- MURRAY talked about an extension of tors, but at the same time, we have souri and other colleagues who want to the Family and Medical Leave Act large numbers of families that are see some kind of positive, constructive which was terribly important. The Sen- struggling to earn a decent living and legislation passed, this piece of legisla- ator may, while she is here, raise a raise their children successfully. Peo- tion in its present form is going no- question with me about this, and I am ple are still feeling the economic where. And it should not go anywhere. pleased to do a colloquy with her on squeeze, and one of the ways people are Mr. President, first of all, there are that. In addition, I had an amendment able to put food on the table and sup- two features that are automatic non- in committee which said if there is a port their families is to be able to get starters. My colleague from Minnesota, situation dealing with Family and that overtime pay for working over- whom I enjoy working with, talked Medical Leave Act considerations time. We are not going to abandon that about a couple of women’s organiza- where there is sickness in the family or principle. tions that support this bill. My under- whatever and you banked 20 or 40 This legislation in its present form standing is there are huge numbers of hours, you should be able to take that will be defeated again tomorrow. Peo- women’s organizations who are in op- time off; you do not need to ask for ple gave their sweat and their tears for position, for good reason. permission. fair labor standards and for a 40-hour First of all, we have the Fair Labor Mrs. MURRAY. Will the Senator week and for the idea that if you work Standards Act which was hallmark leg- yield? overtime you get overtime pay. Now, if islation. The idea here was the 40-hour Mr. WELLSTONE. I am happy to we want to really give employees the week. If you worked overtime you get yield to the Senator. flexibility, we should do so. But you do overtime pay. That is very important. Mrs. MURRAY. The Senator from not have a cut in pay with flextime, There are a whole lot of families with Minnesota is correct that during the you do not have a cut in pay by abol- incomes below $20,000, $25,000 a year for debate on this bill I have talked con- ishing the 40-hour week and going to whom overtime pay is key. sistently about the fact that women do an 80-hour 2-week framework. You What we are doing with this legisla- want flexibility in the workplace in make sure that employees, in fact, if tion, which has this sort of happy-face order to make sure they can take care they bank that extra time, that flex- title, the ‘‘Family Friendly Workplace of their children when they need to. time, are able to take it off, time and Act,’’ is we are now moving from a 40- The concerns we have continuously a half for every hour worked overtime hour week, we are abolishing it and we raised about the bill we are debating is to be with their child or to be at a doc- are going to an 80-hour 2-week period who decides when that woman or man, tor’s office with their parent. They get whereby an employee could work 50 or father or mother, gets to take that to do it. They do not have to ask for 60 hours one week, 30 or 20 hours the time—whether the employer decides or permission. You certainly make sure next week and not get paid any over- they do. that you do not have any discrimina- time. When it is your child’s conference tion whereby this becomes too good a If you think that the reality is in the time at school, your employer cannot deal in its present form for too many workplaces throughout this country say, or probably will not say to you, employers, and the only people, I say that employees are equal partners in ‘‘You can take your conference time to my colleague from Washington, that this decisionmaking in all these work- next week.’’ You need to go to them as they give any overtime to are those places, then you might not worry about an employee and say, ‘‘My child’s con- people who will not ask for overtime that. But the fact of the matter is, the ference is next Thursday at 10 o’clock. pay, who will only ask for comptime. vast majority of people, the vast ma- I need to take an hour to go visit with That is what is at issue here. jority of women and women’s organiza- my child’s teacher.’’ I agree with the question, which is tions, understanding the threat to the Let me ask the Senator from Min- this is all about working families. This 40-hour week, will not accept this. This nesota, the option that I am offering is all about how people balance com- provision is not in the House bill that that allows 24 hours off a year for par- mitment to work with balancing a passed, and it should not be in this bill. ents to participate with their child, in commitment to family. But this piece It is one of the reasons this bill will go your opinion, would that give employ- of legislation does not give employees nowhere. ees the ability to have some control the flexibility, and this piece of legisla- Mr. President, in addition, there is over their time and their ability to tion does not give people the guarantee another feature that deals with flex- participate with their families? that they will not be discriminated time which essentially says you can Mr. WELLSTONE. Mr. President, in against and no longer able to obtain work overtime and then you can take responding to the question that the overtime pay for overtime work which that hour off or however many hours Senator from Washington has raised, is so important to so many families you worked, but you do not get an hour that is really what is at issue here. that are barely able to make ends and a half off for an hour overtime so There is an alternative that Senator meet. This piece of legislation takes it becomes a cut in pay. Again, you BAUCUS and others have presented the Fair Labor Standards Act and it have two features in this bill that are which really does give the employees turns it on its head. It literally over- in direct contradiction to the Fair the flexibility, if that is what this is turns 50 or 60 years of people’s history. Labor Standards Act and, therefore, about. We have to make sure that em- It is too bad, because we could pass a going nowhere. ployees have the flexibility so that if piece of legislation. Now, the third point I want to make they need to take the time off—time, I My colleague from Missouri has a is that there has to be some guarantee, might make the point, time that they good idea, at least in the goal of giving some way that we protect people for banked—if they need their comptime employees the flexibility. But in its whom being able to work and working because they want to go to school and present form, this piece of legislation overtime and being paid overtime is visit with the teacher or because they will go nowhere. June 3, 1997 CONGRESSIONAL RECORD — SENATE S5225 Mr. President, now, I understand I ess, whatever leverage I have as a Sen- sure that people know that they are have not looked at some of the amend- ator, I am going to use it. I will slow going to be able to rebuild their homes, ments—Senator GRASSLEY’s amend- up whatever I can slow up. I will stop make sure that people know they are ment. We also, in committee, were whatever I can stop. I will do it this going to be able to move back into talking about the whole problem of week, and I will do it next week and I their homes, and make sure that people bankruptcy and what happens to peo- will do it as many weeks as I need to, know that they are going to be able to ple who have earned this time. I think until that disaster relief bill is passed. go on with their lives. But no. maybe the ceiling is too low and we I do not know what else to do. I do not I am Jewish. I throw my hands have to have a higher threshold. Maybe know what else to do. around here. I am sorry, my colleagues. something can be worked out on that, Mr. President, let me just talk a lit- But, no. They go into recess. And I but then I hear there is another amend- tle bit about what is going on here. am supposed to try to explain to people ment that wants to apply this piece of What we have is a situation where in Minnesota and North Dakota and legislation to the Congress, to staff, some people are playing politics with South Dakota how we can play these the people who work here. the emergency supplemental as op- kind of games here? People can’t be- Well, Mr. President, I think that posed to getting this relief out to peo- lieve it. most of the people who work here—I ple who are trying to rebuild their To all of my colleagues, to all of the have to look at all of the specifics, but lives. people who are here today, no wonder I would think that a lot of people who Can you imagine, I say to the Chair so many Americans sour on our politi- work here might say, well, we would and my colleague from Missouri, can cal process. You have floods the likes rather go forward and not backward. you imagine how people in Idaho and of which haven’t been seen for 400 or Right now, I think, people would be Missouri would feel when their homes 500 years. You have total devastation. kind of worried about losing some of have been destroyed? We worked to- The hospitals are destroyed, schools their fair labor standard protection or gether in a bipartisan fashion, and Sen- are destroyed, and everybody in the they would be worried about not being ator STEVENS was a big part of that. town are all leaving. You have flood- able to work overtime and get over- We came up with not only the funding ing. You have hail. You have snow. You time pay. I do not think people want to for FEMA, but most important of all is have fire. And, in spite of all of that, see that. I also think employees here some small business loans we came up the goodness of people comes out. They working with us want to make sure with in what is called Community De- support each other, they love each that if they bank the time, they will be velopment Block Grants, moneys other, and they try to get back with able to take it off when they need to which would enable people to move for- their lives. But they know they need take it off to be with their families. ward with buyouts for people who live help. And the House of Representatives So, again, Mr. President, you cannot in the floodplain, enable people to have goes into recess. It is unbelievable. take a piece of legislation that is assistance to rebuild their homes. That Now we are back here, and it is Tues- flawed, I say with some regret, badly was the good news part. We were on our day. We hear that maybe this week flawed for the vast majority of families way. this disaster relief bill will not be in this country, and now apply it to And then we had a disagreement. We passed. Or maybe, people say, ‘‘Well, people who work here, which just com- had a disagreement over something play a game and we will put on a con- pounds the problem. Make this a good called the CR. Frankly, people back in tinuing resolution.’’ What does a con- piece of legislation, and then, I say to the Dakotas and Minnesota do not tinuing resolution have to do with the my colleague from Iowa, and then we know that much about a CR and they budget or have to do with getting dis- should apply it. I am all for that. do not really care too much. They just aster relief for people? It is called dis- DISASTER RELIEF thought we would have the elementary aster relief because it is disaster. It is Mr. WELLSTONE. Mr. President, I decency of providing them with some called an emergency supplemental bill want to mention to some of my col- help in their hour of need. But we got because it is an emergency. Stop play- leagues that with some regret, at least a debate about the CR. ing political games with people’s lives. for a while this afternoon while I have We have another debate about roads So, Mr. President, now we have a sit- the floor, there probably will not be a and public parks and maybe a couple of uation where some people are thinking, lot of discussion about this important other matters as well. I would have OK, what we will do is put a continuing piece of legislation, because I am now thought that my colleagues—and I resolution on this bill; it has nothing at the point, as a Senator from Min- think some Republicans agree with me, to do with emergency supplemental as- nesota, where I could not have any so I do not think this is really so much sistance; we will send it to the Presi- more patience for the political process a partisan issue; I know that in our dent; then he has already said he will here. States, Republicans agree—I would veto it; and then it will come back We have had people in our States, have thought that my colleagues would here. And I don’t know what they will and the Chair, I know, would feel the have had the elementary decency, the do next. same, and I believe my colleague from elementary decency before they went Why are they sending it to the Presi- Missouri would feel the same way, who into recess, and we were going to stop dent when you know he is going to veto have been through an absolute night- them, and I cannot even remember the it? If you want to debate the budget, mare. We have communities where ev- technical maneuver, but we were going let’s debate the budget. If you want to erybody had to evacuate—total devas- to try and force a vote on adjournment, debate the parks and the other issues, tation. We have one community in I guess it was, but they did not call it fine. But can’t we just put aside our Minnesota, East Grand Forks, across adjournment. We were in recess. So, differences and please get the supple- the Red River from Grand Forks, and theoretically, every 2 or 3 days, we mental assistance to people? This is everybody had to leave and the people were in session, but we really were not. really a huge issue. are still waiting for the Congress to Then people in the House of Represent- Mr. President, there are families and provide them with relief. And the atives could then vote against adjourn- business owners in Grand Forks, ND. House of Representatives had the nerve ment and feel good about it, knowing My colleague from North Dakota to go into recess without providing that nothing had been done. talked about this, and East Grand that assistance. I could not believe it. The leadership Forks. They need to know whether Well, Mr. President, for a while this in the House of Representatives—I do they are going to be part of the flood- afternoon the only point of discussion not even call it leadership when people plain buyout. But they do not know. while I have the floor is going to be in our States are in such need, waiting They do not know whether or not there about the problems that we are facing for some final assurance that relief is is going to be a buyout. They do not in States that have been flooded, in going to be forthcoming—goes into re- know whether they should move. They States that are waiting for this disas- cess. do not know whether they should try ter relief, because I think this ought to They don’t even have the elementary to come back to their homes. They be the priority for the Congress. What- decency to put aside what differences don’t know whether there is going to ever I know about this political proc- we have and just go forward—make be any assistance at all. The State does S5226 CONGRESSIONAL RECORD — SENATE June 3, 1997 not know whether it should go forward. immersed in water. And our commu- So you try to appeal to colleagues, The mayors do not know what they can nities, Ada, Warren, East Grand Forks, and you say, ‘‘Look, I have always been say to the citizens because they do not and others are in tremendous amount there for you when you needed help in know what we are going to do because of need. They are in hurt. And they Missouri, or you needed help in Idaho, people have been waiting and waiting have the task of rebuilding their neigh- or whatever State, which is true. I re- and waiting. borhoods block by block and home by member the flooding and what they Some of my colleagues today are home. went through just a few years ago. Now going to wait because I am going to I would like to thank FEMA, the we need help. Please, won’t you help us talk on the floor of the Senate for a Federal Emergency Management Agen- get this through? while as well because it is just simply cy for their work, and its Director And that doesn’t work. unconscionable and it is simply inde- James Lee Witt for his leadership. He So, since none of that works, there is fensible that we just do not get on with has been great. I would like to thank only one thing to do. And that is just the business of providing people with all of the FEMA people who are out in use the Senate rules and figure out this assistance right now. Minnesota. They have been great. They your leverage and just do not let the Mr. President, we have another prob- are real heroes and real heroines. They U.S. Congress—in particular the House lem. If we are going to start rebuild- are doing everything they can to help of Representatives which has this held ing—I think maybe in Idaho and less in people. They are working with our up—go on with business as usual. We Missouri. But in Idaho I think this is a community. And they are thinking are going to talk about what is going bit of an issue as well. We have to get about again buyouts and relocation on in Minnesota, the Dakotas, Mis- going because our building season is plans. souri, and California, and a variety of over come mid to late October. They are thinking about how to en- other States. So, if we do not get the approved able people to move back into their Mr. President, I have here a letter funding now and we don’t started with homes, and how people can rebuild from the mayor of East Grand Forks, the construction we are not going to their businesses. But we need to get MN, Lynn Stauss. get it done. Minnesota is a cold weath- the funding to our States now. We need I tell you. My colleague, Representa- er State. It is without a doubt the best to begin the process of rebuilding our tive COLLIN PETERSON, made a very State in the country. But it is a cold communities. good point this morning. Lynn Stauss State. We have to get the funding right Mr. President, I don’t know any is a part-time mayor. He makes about now, or we are not going to get the other way to say it. I would say to my $5,300 a year. He is coming back out construction work done. colleagues: Quit playing political foot- Colleagues, there are very good, very ball with the lives of disaster victims. here tomorrow, and the mayor of wonderful, very strong, very loving Quit playing political football with the Grand Forks, ND, as well. They people in Minnesota and the Dakotas, lives of disaster victims. shouldn’t have to keep and others States as well are con- I don’t know anything else to do. I here. But they have to keep coming out fronted with the fierce urgency of now. mean, I apologize to my colleagues. I here to keep saying to people: ‘‘Please, They are trying somehow to rebuild am going to continue to talk for a Senators and Representatives, don’t their lives. They have been through a while—not all day and all night and all make the people in our communities an living hell. You would not wish it on day tomorrow. But I do want to speak abstraction.’’ We are talking about real anyone. They have been waiting and for a while about this. men, real women, and their children. waiting for us to have the decency to Really, every opportunity I get as a I don’t know how the mayor has done please get the assistance to them. And Senator I am going to continue to it. He has been incredibly courageous. we are still playing political games come out and hold the floor. And I He has given people a lot of hope under here. think just about every other Senator some very difficult conditions, I say to Mr. President, the supplemental con- will do the same thing from our States. a former mayor, Mr. President. But I tains $500 million in CDBG funding for This is going to go on. Any Senator know it gets hard after a while. People flood assistance. This program is one of would do it, Democrat, or Republican. start to run out of hope when we don’t the oldest Federal block grant pro- What else are you supposed to do? come through here in the Congress. grams in existence. This gives the I mean the first thing you do is you So this is a letter dated May 20, 1997. States the most flexibility, or it could try to appeal to the common sense of I should have brought my glasses be the most flexibility for local com- some of your colleagues. You say, look, knowing that I was going to be on the munities. we have some differences here. So why floor for a while. Let me explain what we are talking don’t we just put those differences Do you have any glasses? [Laughter.] about here. Whether we are talking aside and just get the assistance to These glasses are too conservative. I about floods in the Midwest, or hurri- people because we don’t differ on that. thank my colleague from Missouri. I canes in the South, or earthquakes in This is an emergency. Let’s get the have never understood how such a good the West, this CDBG money is critical emergency assistance to people now. person could have such bad ideas. because it fills in the cracks. We tried to make that appeal. That [Laughter.] In other words, what happens is didn’t work. Then you try and appeal DEAR SENATOR DORGAN: We understand FEMA money is good for public infra- to the goodness of people. You say, that there are currently proposals to dispose structure and some help for home- look, people are hurting. People need of the five hundred million in CDBG grants owners and the small business money some certainty. People need to have for disaster aid in two separate payments. in loans. But the problem is many peo- some confidence that we are going to Because of the magnitude of destruction of ple can’t cash flow any more loans. provide some assistance to people. the record setting flood of 1997 and the ice They can’t get their businesses going. Please, Representatives; please Sen- storm preceding the flood on April 4, 1997 They can’t rebuild their homes unless ators—I think even more Representa- throughout the Red River Valley, especially to the communities of Grand Forks, North they get this community development tives now that I think about it on the Dakota and East Grand Forks, Minnesota, it block grant money. We have to task— House side—please. Can’t you just put is imperative that the total amount of five thank you, Republicans, and, thank aside the differences? Can’t we just go hundred million be released to our commu- you, Democrats. We work together. forward with what we agree on and get nities without delay. The people of our com- That was the right thing to do. But this disaster relief to people? munities have suffered the loss of income, now—for the last 13 or 14 days, what- That doesn’t work. homes and businesses. In addition, our ever it has been—people back in Min- Then you try another appeal. You streets, water system, electrical system and nesota cannot believe what they are say, look, Senator, if it was your State, sanitation system have been severely dam- seeing here. They don’t understand you would want to get that assistance aged and require immediate attention. The out to the people. You would have a public facilities as we once knew them are these games. They don’t understand virtually non-existent. We are now a commu- why it is we just do not provide them tough time going home and looking at nity without a city hall, a library, several with the assistance that they need. people in the eye and having them look schools, fire hall and senior citizens center. Mr. President, we have seen homes at you and try to explain what in the Our number one priority is the acquisition destroyed. We have seen city blocks world is going on here. of over 600 homes and businesses from the June 3, 1997 CONGRESSIONAL RECORD — SENATE S5227 floodway. Immediate acquisition and reloca- some access to capital and some assist- ing in the wind. They should not have tion is the only preventive measure in reliev- ance so they can start up their busi- to wonder what in the world is the ing stress and allowing our citizens an oppor- nesses again? matter with us. This bill ought to pass tunity to rebuild in our communities. Be- I want to tell you something. Maybe cause of our short window of construction, if this week. This bill ought to pass we do not act now our businesses and resi- some people think some of this is today. I would be proud or pleased to dents will have no alternative but to relo- funny, but I want to tell you some- leave the floor right now if I only cate in other communities. thing. A whole lot of these people, thought something was going to be We enclose for your information a copy of these homeowners and these business done. a proposal from Wynne Consultants which people, are leaving. They are not going Mr. President, let me go on and read clearly depicts the aftermath and total dev- to be able to stay in these commu- from this application. This is just from astation left by the flood and ice storm. We nities, I say to the majority leader, East Grand Forks, really not talking believe the report will provide you with a who has helped us, who has done a good comprehensive understanding of our urgent, about—I was in Ada, MN. In Ada, MN, basic needs. The five hundred million in job, and I thank him. These people are it was just devastating. The school was CDBG grants must be released to our com- not going to be able to move back into completely flooded, much of it de- munities to allow us the flexibility to re- their communities. A lot of these peo- stroyed. They are going to be able to build and move forward with our lives. ple are going to leave. That is what we renovate the school, but can you imag- Mr. President, this is from the are now here on. ine this? Here you have the school mayor, and I just want to emphasize So, Mr. President, I think it is appro- completely destroyed. It is going to be the importance of the words ‘‘to re- priate that I take the floor and speak rebuilt, but somehow those students build and move forward with our about this because I am hearing this and the teachers and the support staff lives.’’ Again, Mr. President, I am from people in my State. And I know and the superintendent and the parents sorry to inconvenience colleagues, but other Senators are hearing this as well. and the neighbors all banded together, I feel as if people in Minnesota have Mr. President, this is a letter from and other schools will take in those been inconvenienced, and I think it is the mayor of East Grant Forks, Lynn kids and those kids are now finishing important to focus on this because I Stauss, again, who has just done a yeo- school and they are going to graduate. think we should pass this before we do man job, to members of the task force, That is inspiring. anything else. the Minnesota Recovery Task Force: I will tell you something, Mr. Presi- An emergency supplemental is an Please accept the following information as dent. What is not inspiring is this Con- emergency supplemental. That does our preliminary application to the Min- gress. What is not inspiring is the not mean messing around, playing all nesota Recovery Disaster Task Force. We hope the data we have included will assist House of Representatives. What is not sorts of political games. And disaster you in assessing the level of damage in East inspiring is the Representatives or Sen- relief is disaster relief. It seems to me Grand Forks and allow us to receive early ators who put extraneous measures to be patently unfair and insensitive consideration in the coming discussion on re- onto this piece of legislation and are and unconscionable for the House of covery activity in our State. We consider our not willing to get the assistance to Representatives to go into recess and position to be worthy of a serious share of people who need it now. That is not in- not pass this disaster relief bill or for the Federal and State funding that will come spiring. We do not set a very good this week all of us in the Congress to to Minnesota. I know that you have been ap- model for young people when we can- mess around and mess around and mess prised of our damage situation throughout the Nation and statewide media over the not stop playing games and just pro- around and not do this work. If there is hours of this disaster. Our city staff would vide assistance to people who need that one thing we should do this week, it welcome the opportunity to answer your assistance. should be to pass this disaster relief questions at any time. Thank you for your In Ada, as well, their hospital was bill. This should come before anything time and consideration. just, again, devastated. They had to, in else. This disaster relief bill should Lynn Stauss, Mayor, East Grand Forks. the dark of night, I think it was late at come before, I say to my colleague—I Now, Mr. President, what I have night, 10, 11, 12 o’clock, they had to know how much work he has put into here—and it will take me a little bit of take elderly people out of the nursing this, and I still think there is a possi- time to read this application—is the home, had to evacuate them. It was bility of passing a good piece of legisla- application from the mayor. I want to just unbelievable what people went tion when we get down to really give- emphasize one more time—and, Mr. through. Can you imagine a hospital and-take discussion and work together. President, I would like to apologize to destroyed, the community center de- I do not think this bill will pass in its some citizens who have come here stroyed, the school destroyed? And can present form. I do not think it should. today who are here during our proceed- you imagine what it would be like to, (Mr. KEMPTHORNE assumed the ing. Normally we have debate on first of all, be flooded out and then you chair.) amendments, and when I start reading are faced with a blizzard and people do Mr. WELLSTONE. Mr. President, I from some of this I fear that for some not have any heat? People go through do not think this piece of legislation people here that will not be—without all of this and they continue to flour- takes first priority. I do not think knowing the ins and outs of all of this, ish, and the churches or the syna- some of the amendments that are on it may not be relevant, but I want to gogues all come together and people the floor right now take first priority. just make it clear one more time I help one another and somehow people I am not speaking about those amend- once in a while come to the floor of the make it through, although there is a ments. There is not anybody who is Senate and do this, but not very often, lot of hurt and there is a lot of pain going to speak on those amendments and I think those of us, whether we are and probably some people are going to for a while. I do not think those Democrats or Republicans, don’t come have to go through a fair amount of amendments should take priority. I do to the floor of the Senate and do this counseling to get through all this. But not think the budget, if we get to the and hold the floor unless we really feel at the very minimum couldn’t this budget sometime this week, should strongly about something. Congress—I say this now to the major- take priority. I do not think there is But, Mr. President, I do feel strongly ity party—pass this emergency supple- anything we could do this week that about this. Time is not neutral. Time mental bill now? would be as important as providing rushes on. There are too many people Doesn’t emergency mean emergency? people, families, who have been who are hurting. They have asked for Could not we provide this assistance to through just total devastation with a assistance, and we have got people who people now? Is that too much to ask? Is helping hand. Can’t we do that? Can’t are playing games here. There is no that too much for the people of Grand we just provide people a helping hand? other order of business that should Forks, ND, to ask? Is that too much for Can’t we give people some confidence come before our passing this emer- the people of East Grand Forks to ask? they are going to have some assistance gency supplemental bill that provides Is that too much for the people of War- so they can move back into their disaster relief to people who have been ren, MN, to ask? Is that too much for homes? Is that too much to ask? Can’t through hell. They deserve our help, the people of Ada, MN, to ask? we give some small businesses some and they should not have to wait. They I heard my colleague from North Da- confidence that there is going to be should not have to be out there twist- kota, Senator CONRAD, this morning. I S5228 CONGRESSIONAL RECORD — SENATE June 3, 1997 thought he was eloquent. He said some- Breckenridge, it was just really poign- heads up the Minnesota Housing Fi- thing like how many more days do peo- ant because there I met with all of nance Agency, said the other day that ple have to wait? I think that is an im- these small business people. It was not this was one of the worst housing disas- portant question. How many more a meeting that had been arranged. I ters in the history of our country. It is days, how many more weeks do people just came up to look at the flooding. true. I mean, when whole towns evacu- have to wait for help? How many more And as soon as I came into the commu- ate, when people become refugees, days do the people in our communities nity, all of these small business people when so many people are still home- who are trying to rebuild their schools came up to me—and I am not putting less, people who worked hard all their or hospitals have to wait? How many them down at all, you understand—and lives, that is a housing disaster. It is a more days do the people who are trying they were absolutely desperate. I housing disaster, I say to my col- to find out whether they are going to mean, there was just desperation and leagues in the House and I say to my be moving or whether they are going to fear; they were really so frightened. colleagues in the Senate, but especially be staying or whether they are going to And they were saying, look, we can’t in the House. It is time to get on with have money to rebuild their homes or make this unless we get some assist- the work. It is time to provide some re- to rebuild their businesses, how much ance. And, Senator WELLSTONE, if you lief to people. It is time to provide peo- longer do they have to wait? How much just give us loans, we can’t cash flow ple with some assistance. longer do senior citizens, many elderly those loans and we are not only wor- Businesses located in the immediate down- people—a very high percentage of our ried about ourselves, we also are wor- town also will need to relocate, probably 10 smaller towns and communities really ried about our employees. Well, you to 15 commercial properties. Planning is un- are comprised of elderly citizens. How know what? All the time I hear speech- derway to establish sites to which the busi- ness, primarily commercial and residential, much longer do they have to wait to es given about small businesses, ‘‘Oh, relocations will occur. Several potential know whether they are going to be able we love small businesses. They are just sites for residential relocation are currently to live there? like family farmers.’’ We love them in being considered. Although no final decision The answer will be determined by the abstract. has been made on the business relocations, what we do or what we do not do. I am You know what? We have a lot of the B-N triangle, a parcel situated imme- determined as a Senator from Min- small businesses in Minnesota and the diately to the east of the current downtown nesota to do everything I can to make Dakotas that have been flooded out. district, is being considered. At each site to as many of my colleagues as uncom- We have a lot of small businesses that which the relocations will ultimately occur fortable as possible until we take ac- the establishment of essential infrastructure want to rebuild their businesses. We will be necessary—sewer, sanitary and storm tion. have a lot of towns that depend on water, and streets. Damage to infrastructure Let me repeat that. Whatever I can those small businesses. was citywide and included all of the major do to make those who are responsible I hear my colleagues always say they infrastructural systems. for this delay uncomfortable, whatever are for the small businesses. You know Can you imagine this? Damage to the I can do to focus attention on their ir- what? The best way you can be for sanitary sewer, to the storm sewer, to responsibility, to focus attention on small businesses this week is to do the water system and the streets—all their insensitivity, to focus attention something concrete, which is to stop of that damage took place. on their callousness, whatever I can do playing games with this disaster relief Other public facilities, such as public to make it clear to the leadership of bill, pass this piece of legislation, and buildings, were also damaged, several beyond the House of Representatives it is time get the assistance to people so they can repair, including the city hall and the fire to get serious, it is time, as my chil- start their businesses up again, so they department. Damages to park and recreation dren would have said when they were can at least begin the process of re- facilities and buildings were severe and wide- younger, to get real I will do. building. spread. Among the public structures which were destroyed were three schools. Mr. President, this application The mayor goes on to say: Mr. President, this reminds me of a form—let me read from this form: The magnitude of the loss has forced the The flooding of April 1997 caused hundreds city to move forward on the implementation poignant moment. My colleague from of millions of dollars in damages to private of measures to minimize the future possibil- the 7th Congressional District, Con- properties, infrastructure and businesses in ity of a similar event occurring. At a time gressman PETERSON, COLLIN PETERSON, the city of East Grand Forks. when the city is forced to deal with the enor- spoke at graduation—I heard about Mr. President, I think what I am mous expense of reconstruction, it is also this—to the students of East Grand going to do is actually read this slowly faced with considering the huge expense of Forks who had been flooded out, whose because right now time will move on future mitigation. school had been destroyed. He said to slowly on the floor of the Senate: This is going to be a much bigger the students, ‘‘You know, as much Damage to housing ranged from complete part of what we do in the future, which agony as you and your families have destruction of the properties to severely is mitigation, which is to try to figure gone through, you have probably damaged basements, electrical systems, and out how to prevent this from happen- learned more than you could have ever heating systems. ing in the first place. So people who are learned in school’’—and I think that is By the way, built into this disaster living in a 100-year floodplain are not true—‘‘about yourselves and, really, relief bill—and I thank my colleagues, necessarily going to live there. We are about your community.’’ both Republicans and Democrats—is going to relocate some people. We are I would add to Congressman PETER- some assistance in the low-income going to relocate some businesses. We SON that I think people in our commu- home energy assistance program, the are going to do that in lots of parts of nities have learned about all of the he- LIHEAP program—Senator STEVENS this country. That is going to be a big- roes and heroines that there are. Some- helped us on that—which will enable ger part of what FEMA and other agen- day—as long as I am on the floor here people, for example, to buy new fur- cies do as well. for a while—I am going to write a naces, which will be a big help. Again, The city is currently in the process of book. Maybe I can get my colleague it will not happen, it will not happen planning the construction of a dike-levee from Missouri to coauthor it. Because until this disaster relief bill is passed: system which will ultimately result in the this would cut across all parties and all The vast majority of single family and need to relocate households residing on the ideology, and he is like this in terms of multifamily dwelling units sustained dam- ‘‘west side’’ of the dikes. At this time, the what he believes in. What it would be, age. Similar damages to privately owned final dike alignment has not been estab- there was a book written years ago lished. However, it is evident that at least commercial properties occurred. Beyond the that should be immortal, by James costs of the physical damage, these busi- 300 households will have to be initially relo- nesses have also been forced to deal with the cated and ultimately 650 to 700 households Agee, Walter Evans was the photog- economic loss associated with being unable need to be relocated. Businesses located in rapher, and the name of the book was, to operate. Many have been unable to reopen the immediate downtown also will need to ‘‘Let Us Now Praise Famous Men.’’ It’s and those that have to deal with having lost relocate, probably 10 to 15 commercial prop- a long story. Forbes magazine had employees. erties. commissioned James Agee back in the That is another issue, Mr. President. Mr. President, I have here somewhere 1940’s to go, I think, back to Alabama I know that when I went to a document where Kit Hadley, who to write about the pathology of poor June 3, 1997 CONGRESSIONAL RECORD — SENATE S5229 sharecroppers and tenant farmers. And you know, if some of my colleagues, enjoy people here in the Senate and I he went there and lived with people. some of my colleagues on the other enjoy people in the House, agree or dis- Mr. President, he, as opposed to his im- side, if they want to have a continuing agree. But there comes a certain point pression before he was there, and his resolution and they are going to put it in time where, you know, the indigna- thesis, he thought to himself, ‘‘It’s on this disaster relief bill because it tion just kind of takes over. And I have amazing that under these conditions, gives them leverage—you do have le- just run out of patience. people are able to survive or even verage. You do have leverage. When This is outrageous. This is out- flourish. They should be famous.’’ So people are desperate, it gives you lever- rageous. Frankly, I would say to people he wrote a very different kind of book age. If that is what they want to do and in the House of Representatives, who with wonderful, powerful photographs. send it to the President, playing the went into recess without sending that We could do a book. The Chair is like game, knowing he is going to veto it, disaster relief bill over here and get- this as well. Three of us could write do it. Do it today. Get it done. Send it ting the job done, shame on you. this book, and we could title it, ‘‘Let to the President, he vetoes it, it comes Shame on you. Shame on you. Shame Us Now Praise Famous Men or back here, then take it off. Everybody on you. It is not too much to expect for Women.’’ It wouldn’t matter whether can claim victory. Whatever you want you to get some help, some assistance they were Democrats or Republicans. to do. Just get it done and just get this to people in our States who are in such What it would be, it would be about disaster relief bill passed. pain and really need the help now. men and women in communities who This assistance from the Congress is They really do. Time is not neutral do wonderful things in their commu- not going to make people whole. It is for them. Time rushes on. I mean, if nity. You know what I mean? I mean, not going to be enough. The only thing they do not get the help, people are it wouldn’t be cynical; it would be up- this does, it gets people at least a going to leave or families are going to lifting. It would be about all the people chance, at least a chance. Can we at just be under such pressure and with- in our country who do really wonderful least do that? out any hope, who knows what hap- work in their communities. No one Mr. President, this is one of many ar- pens? But I will tell you one thing—I knows them. They are not nationally ticles I see here. Maybe there will be an will tell you one thing, Mr. President— famous or internationally famous. opportunity while I am on the floor. I I do not want to go back to East Grand They don’t do it for that. But they know there were also—I am looking for Forks and some of the other commu- should be famous. the author of this. It was in the Star nities and look at people and try to ex- Mr. President, only because I don’t Tribune. I also know the Pioneer plain to them why in the world this want to yield the floor, I would ask my Press—I read of the work of Nick Cole- Congress did not take any action. I just colleague whether he would consider man in the Pioneer Press, which was cannot explain it. And the one thing I doing it with me, but then I would lose very, very powerful. I may want to do know is, even if I inconvenience my floor privilege. But I am telling read from that, either this afternoon or some of my colleagues, the one thing I you, this would be a good book. There tonight or tomorrow. I will not be on do know is there isn’t going to be any- would be more Democrats profiled in the floor all day and night. But I will body in Minnesota that is going to be the book than Republicans. But, you be on the floor a lot over the next cou- able to say I did not fight for this, win know, it would be more or less bal- ple of days, over the next couple of or lose. anced. More or less. weeks—who knows, over the next cou- So I get to speak on the floor of the To be more serious, it wouldn’t have ple of months. I would think we will Senate now. And I will continue to anything to do with parties. But there get this done. speak on the floor of the Senate for a are a lot of great people in this coun- But, you know what, my expecta- while. And then I just want to put my try. And there are a lot of people who tions are pretty low. I could not believe colleagues on notice: Everything you are unsung heroes and heroines. There it, Mr. President. We had a press con- bring on the floor of the Senate, every- were a lot of people in East Grand ference last week. I guess it was right thing you bring this week and next Forks and Granite Falls and Monte- before we went into recess. I said at week, I will look for leverage, I will video and Warren and Ada and Grand this press conference—I guess it was somehow get to the floor, and I will do Forks who are heroes and heroines. Thursday, because we went into recess everything I can to put the focus back Boy, I don’t know how—I say to a that Friday. I said that the House not on getting emergency assistance to former mayor—I don’t know how the sending us back something to work people in Minnesota and the Dakotas mayors have been able to do this. But with, it was probably the worst—it and our other States as well. we have had Mayor Owens and Mayor was, for me—the lowest or most dis- You know, we have some distorted Stauss. They have been just unbeliev- appointing or worst time I had in the priorities here when people want to able. Pat Owens has been—people have Senate. Because I thought that in the play games with the lives of people who seen her. She didn’t want it. I know end, the goodness of people would come are in such pain, in such agony. that it would have been her prayer to through. And even though people dis- This is an article from the Star Trib- have never had this opportunity to be agreed on the continuing resolution une, Minnesota Star Tribune. It is such a national spokesperson, because and whatnot, people would at least called ‘‘Stains of Pain.’’ Mr. President, she would never have wanted for this agree to agree on what we agreed on the top of it reads, ‘‘The people at to happen in her community. But she and get the disaster relief to people ground zero of the Red River flood has so inspired people, she has, over who were in such need. want desperately to get on with their and over again, called on people not to There was someone at this press con- lives. But how do they do that when give up and called on people to have ference, a journalist. There was some they are adrift in such wreckage?’’ hope, and has said we can rebuild our laughter. I said, ‘‘Wait a minute. You The people at ground zero of the Red River communities. know, I don’t think I am being naive. I flood want desperately to get on with their And now the big missing ingredient don’t think this is naive at all to be- lives. But how do they do that when they are is our support, our assistance. We pass lieve in the goodness of people, includ- adrift in such wreckage? Grand Forks, N.D.—On Belmont Road, a disaster relief bills when there are dis- ing my colleagues.’’ fading sign propped against a sagging mound asters. And this is a disaster. We pass I love being a Senator. I get goose of clothes, furniture and appliances pro- emergency supplemental pieces of leg- bumps when I have a chance to be on claims, ‘‘We are not what we own.’’ islation when there is an emergency. I the floor of the Senate. I do. I never At the Darbyshire house on Polk Street, a really think that we are doing one thought I would have a chance to be battered house knocked off its foundation, a heck of a job in this Congress of sour- here. It is a huge honor, and every day pink ‘‘condemned’’ notice is taped on the ing people toward our political process you hope you will do your job well. You front door. Look down from the notice and by our failure to live up to just the sort make plenty of mistakes, but you do you look into what was the Darbyshires’ basement. of basic standard of decency. your very best. It’s a huge honor. In north Grand Forks, in the Riverside Look, I don’t like to say this. I I was a teacher for 20 years. I want neighborhood, a bright yellow house is should not say it because, I don’t know, young people to be interested in public stained dull brown to the eaves. The River- maybe I am giving ground here. But, service. I like the people I work with. I side Park swimming pool is a sewage lagoon. S5230 CONGRESSIONAL RECORD — SENATE June 3, 1997 Across the Red River, on the northwestern It has been five weeks since the river Congress has breezed out of town, leaving edge of East Grand Forks, a girl plays by the swamped these towns. The river is back in Washington for a long holiday recess. De- street, listless and unsmiling. She tosses a its banks now, officially below flood stage, spite evidence to the contrary, congressional scrap of something into the air, watches it far from homes and businesses and children bigwigs figured satisfying their political fall, then tosses it again. at play. egos was more important than expediting I am going to read that again. But the water marks remain everywhere. flood relief legislation that would aid, among ‘‘Across the Red River, on the north- Mr. President, I was just thinking, I other backwaters, Minnesota and the Dako- tas. western edge of East Grand Forks, a know some of my colleagues want to girl plays by the street, listless and speak, but I also see my colleague here I know that my colleagues may want unsmiling.’’ from North Dakota. I wonder whether to have some floor time now, so I will Mr. President, you are talking about it would be possible, Mr. President, I be very brief. But let me just for a mo- a little girl listless and unsmiling. I want to read this article, and then if ment develop this point, and then I will guess so, given what she and her family there are some requests about speak- keep my floor privileges. This is from have been through. ing, perhaps we could do that, although the St. Paul Pioneer Press. Maybe what we need to do is we need I then want to make it clear that on Now, I have not always agreed with to understand that these words or unanimous consent, my resumption on the editorial positions of the St. Paul these articles, this is not just a distrac- the floor not be counted as a second Pioneer Press. Sometimes I have, tion, this is not just statistics, we are speech. sometimes I have not. That is beside talking about people’s lives. Now, I want to make it clear to my the point. Sometimes the St. Paul Pio- This little girl, Mr. President, listless colleagues if they put in that request, neer Press will take editorial positions and unsmiling, should not have to stay that would be part of my unanimous- closer to the positions of the distin- listless and unsmiling. Little children consent agreement. I also make a re- guished Chair or my colleague from should be smiling. Little children quest, I know my colleagues want to Missouri. It is an interesting paper, should be happy. Little children should speak about some other things, but, for and they, like any good editorial page, be looking for their future. We ought certain, if colleagues want to speak have their own integrity and they say to give this little girl and her family, about Senator STROM THURMOND, I do what they think is right. But I just Mr. President, some reason to expect not want to interrupt that in any way, want to make it clear that this is not that will happen. And yet we cannot shape or form. If colleagues want to some sort of editorial written by provide disaster relief for people who speak about Senator THURMOND, fine. Democrats trying to figure out a way have been flooded out of their homes? Otherwise, I know there are things a to criticize Republicans. We cannot provide support for little few people want to cover. What we are CONGRESS CAN’T RESIST POLITICAL children? Sounds kind of melodra- doing here today is saying we want to GAMESMANSHIP matic, Mr. President. focus on this and this will be it. This is Congress has breezed out of town, leaving Mr. President, I do not want to lose the issue. This is the action that Washington for a long holiday recess [right my floor privilege. should be taken. before Memorial Day recess]. Despite evi- Mr. President, ask unanimous con- Mr. DORGAN. Will the Senator dence to the contrary, congressional bigwigs sent that my colleague from Kansas be yield? figured satisfying their political egos was more important than expediting flood relief able to give a tribute to Senator STROM Mr. WELLSTONE. I am happy to legislation that would aid, among other THURMOND, after which I then would re- yield to the Senator. backwaters, Minnesota and the Dakotas. tain my right to the floor. Mr. DORGAN. I would like to come We have had enough of this political The PRESIDING OFFICER. Is there and speak for a bit. I understand, I gamesmanship. We have had enough of objection? Without objection, it is so think the Senator from Massachusetts it. We have people in our States that ordered. does wish to speak a tribute to Senator are hurting. We have children that are Mr. WELLSTONE. I thank the Chair. THURMOND. I suspect the Senator from homeless. We have children that have I wonder if I could ask my colleague Missouri wishes to pose some com- had to live through this devastation. how long he might want to speak. It is ments on the debate today on the bill We have families under duress. We fine for me however long he wants. on the floor. Perhaps we can find a way have families under pressure. And the Mr. ROBERTS. I would tell the dis- to do that. I will come back and discuss people in Minnesota and the people in tinguished Senator from Minnesota the disaster supplemental bill at an ap- the Dakotas and the people in some of that I do not intend to speak more propriate time, probably in the next 30 the other States have every right to than about 10 minutes. minutes or so. Mr. WELLSTONE. I thank my col- Mr. WELLSTONE. I say to my col- believe that the goodness of the Con- league. Whatever time he needs. I just league from North Dakota, that would gress would come through and we wanted to know how much time. be fine. I would like to finish reading would provide them with the assistance Mr. ROBERTS addressed the Chair. this article and then accommodate col- they so badly need to rebuild their The PRESIDING OFFICER. The Sen- leagues, but I also ask unanimous con- lives. You have people in the House of Rep- ator from Kansas. sent I maintain my floor privilege. If I Mr. ROBERTS. First, I want to resentatives that go on vacation as op- could finish this, let me go on with this thank my colleague from Minnesota posed to providing this assistance. article. for letting me have this time. I know That is why I am on the floor today. On Polk Street, a block off Lincoln Drive, That is why I am staying on the floor. that he feels very strongly about this Paul Dilling stands in the front yard of his debate and wanted to make so many ruined house, which was submerged to the And now I hear that this week we may pertinent comments. rafters. He stands by his water mark: A U.S. not pass this. This is outrageous. (By unanimous consent, the remarks flag, muddy and torn, which he salvaged One more time: If you want to have a of Mr. ROBERTS are printed in today’s from the muck and stuck on a stick. debate about a continuing resolution edition of the RECORD under ‘‘Tribute But it has been five weeks of misery for budget, debate it. If you want to have to Senator STROM THURMOND.’’) Dilling. a debate about parks and environ- The PRESIDING OFFICER. Under That is really the point I am trying mental legislation, debate it. But do the previous order, the Senator from to make. It has been 5 weeks of misery. not put it on a disaster relief bill. Do Minnesota has the floor. People have been through misery. They not hold good people that deserve our Mr. WELLSTONE. Mr. President, let have been devastated, and now they support hostage to your grand political me, before entertaining a question wait for this Congress to pass the dis- strategy. from my colleague, a request from my aster relief bill. That is why I am say- Today, it is an inconvenience. We colleague, let me read from an article. ing this should be the first item of have a bill on the floor. It is a slight And I see my colleague from North Da- business for us. inconvenience. People wanted to have kota, Senator DORGAN, is on the floor. It is interesting, there is a St. Paul a discussion on amendments, and we Let me read from an article, ‘‘Stains of Pioneer Press editorial of May 23, with are not doing that today. It is not a Pain,’’ dealing with Grand Forks, ND. a headline ‘‘Congress Can’t Resist Po- major inconvenience. But you know This was May 25, 1997. litical Gamesmanship.’’ what? I actually think, and I do not June 3, 1997 CONGRESSIONAL RECORD — SENATE S5231 mean this in an arrogant way, I think only way I know to try and do every- which I hope would take place between I am doing some of the leadership in thing I can, there is no guarantee, is the Senator from Minnesota and the the House of Representatives a favor, just to raise a lot of heck—I did say Senator from Missouri, I would like to because if, in my own small way, I can heck—on the floor of the U.S. Senate. I be able to ask consent to speak for not put any pressure on them to do the will continue to do so. more than 15 minutes, and at the time right thing, they will be better off, be- Now, I have other points I want to I finish the Senator from Minnesota be cause they look terrible. They look ter- make, but I see the Senator from Mas- recognized. rible. You could do a poll in Missouri, sachusetts. I wonder if the Senator Mr. WELLSTONE. Mr. President, re- Massachusetts, Minnesota, anywhere may have an inquiry he would like to serving the right to object, I will not in the country, and 99.9 percent of the make. I still have the floor, Mr. Presi- object. people in the country would say this is dent, and I want to make it clear that The PRESIDING OFFICER. I would outrageous. Can’t you people at least if I do take any question from the Sen- like to just clarify where we are right provide help to people when they need ator or give the Senator any time, I now. it? That is what this is all about. ask unanimous consent if the Senator Only the Senator from Minnesota has I say to the St. Paul Pioneer Press, I wants to speak, either Senator, I ask the floor. am actually being a pretty good politi- unanimous consent my resumption on Mr. WELLSTONE. That is correct. cian. I say first to the Star Tribune, the floor not be counted as a second The PRESIDING OFFICER. And only both newspapers, this is a very good ar- speech. the Senator from Minnesota may make ticle, and there are many others. This The PRESIDING OFFICER. Is there a unanimous-consent request. editorial of the St. Paul Pioneer Press objection? Mr. WELLSTONE. I thank the Chair. is right on the mark. Mr. ASHCROFT. Reserving the right I ask unanimous consent that my Now, this hurts. ‘‘Despite evidence to object. colleagues at a minimum be allowed to The PRESIDING OFFICER. The Sen- to the contrary, congressional bigwigs speak in testimonial to Senator STROM ator reserves the right to object. The * * * ’’—I hate to hear that. But you THURMOND and about Senator STROM objection is heard. THURMOND as long as my resumption know something, it is too easy to do. The Senator from Minnesota has the on the floor not be counted as a second Mr. President, I do not like it when my floor, and the Senator from Minnesota speech. colleagues are called congressional big- is recognized. wigs. Mr. WELLSTONE. I am pleased to The PRESIDING OFFICER. Is there I tell you something, you are bring- yield for a question, and, Mr. Presi- objection? ing it on yourselves. I actually do not dent, let me say before yielding, I do Mr. ASHCROFT. Objection. know if I should use the word ‘‘leader- not understand the objection, but I The PRESIDING OFFICER. Objec- ship’’ in the House, because I think it would like to let colleagues speak tion is heard. The Senator from Minnesota has the is hard to say there is any leadership about Senator THURMOND and cover when you cannot move forward on a some other matters, and I am pleased floor. disaster relief bill. to do that as long, again, as I get unan- Mr. WELLSTONE. Mr. President, But I tell you something, here is a imous consent resumption on the floor that is fine. I thank the Chair. Mr. KENNEDY. Will the Senator headline in the Star Tribune, ‘‘Flood not being counted as a second speech. Relief’’—and I say to my colleague My colleague has objected, I guess, yield for a question? He can yield for a from Massachusetts, I will finish up in for now. question. a moment—‘‘Flood relief, a political Mr. KENNEDY. Mr. President, what I Mr. WELLSTONE. I am pleased to football, takes another bounce in D.C.’’ would like to propose, and ask the Sen- yield for a question in one moment. Congressional skirmishing delayed consid- ator if he would agree, is that I be rec- Let me make it clear—and I will eration of flood relief legislation Thursday, ognized for a period of no more than 15 yield for a question in a moment—what and the $5.5 billion aid package will not be minutes. I will try to make it closer to has happened here. I just want my col- approved until Congress returns from the 10 minutes. And, subsequently, I see leagues to know that I am out here for Memorial Day recess early next month. Senator ASHCROFT, who is the principal very good reason. They would be out That is from Washington bureau sponsor of the underlying legislation here if it were their States. The Sen- chief Tom Hamburger, Star Tribune. which we are debating, and I know he ator from North Dakota is going to Well, Mr. President, I have plenty of has been here longer than I have and join me. articles to read from. I have applica- has some comments and also some re- But, Mr. President, I have been will- tions from some of our cities that have quests in terms of perfecting amend- ing to ask unanimous consent that been devastated. I will have time to ments, I hope he would be offered time Senators who want to speak—at least, continue to talk about what has hap- to be able to do that, and, subse- the Senator from Massachusetts want- pened, but I will tell you that if my quently, the Senator from Minnesota ed to cover something else as well—but being on the floor of the Senate at would be recognized and that there at least speak about STROM THURMOND least for a while, at least for the rest of would be no objection to his speaking be able to do so, who has served for so the afternoon, and then, as I say, all at that time. many decades in the Senate, and as week and the weeks to come, every Mr. WELLSTONE. Is this a question? long as my resumption on the floor not time I can come out here, any leverage Mr. KENNEDY. Just trying to work be counted as a second speech. I have to come out here and talk about this out in a way that is accommodat- It is a reasonable unanimous consent. this, I will keep pressing and pressing ing. I do not know whether the Senator My colleague from my Missouri has not and pressing and pressing and pressing. from Missouri wanted to be included in agreed to do that. I just want Senators My colleagues are going to hear the time. to understand what is going on here. about people in East Grand Forks and Mr. WELLSTONE. Mr. President, I I am pleased to go on and speak. I Ada and so many towns, they will get construe this as a question from my just think it is a shame that Senators tired of hearing about it. But you know colleague from Massachusetts. And I who want to speak at least about Sen- what? I do not really care, because this have said before that I would be willing ator THURMOND are not able to do so. is just outrageous. to enable the Senate to have the Sen- Mr. President, I will go on. I believe I have some very good people I work ator speak and topics but that I want my colleague has a question. with that are on the floor now, rep- to do it within this time limit, and if Mr. KENNEDY. I just want to apolo- resenting a broad spectrum of political the Senator from Missouri wants to gize, if the Senator will yield. opinion, Senator KENNEDY and Senator speak as well but only with the unani- Mr. WELLSTONE. I am pleased to ASHCROFT, but I tell you something, mous-consent agreement that my re- yield for a question. this is not a great moment for the Con- sumption on the floor not be counted Mr. KENNEDY. If the Senator would gress, and I think it is outrageous what as a second speech. not share my regret to Senator THUR- the House of Representatives did. This Is the Senator asking a question? MOND for being unable to make these disaster relief bill has to get passed, Mr. KENNEDY. If the Senator will comments, I was unable to because of and it has to get passed this week. The yield further, pending the agreement, Senate business on the floor earlier S5232 CONGRESSIONAL RECORD — SENATE June 3, 1997 today and intended to make these com- That is a cherished principle. This As a matter of fact, absent a specific ments this afternoon. I hope he would piece of legislation wipes that out. And voluntary agreement, all work—all understand that they are included in it is called the Family Friendly Work- work—is conducted under the bill as if the RECORD, and I regret that I am de- place Act? it were conducted without the bill’s ex- nied the opportunity to make them Well, Mr. President, let me just make istence; that only with voluntary here on the floor. It is a very unusual it clear that if you have a situation agreements is there any change in the process of procedure in terms of sen- where you now have a piece of legisla- way the bill is done. And the voluntary atorial courtesy. But if that is the way tion that says that if people work 50 agreement regarding overtime work that is going to be, so be it. hours or 60 hours or even theoretically when it provides for more than 40 hours Mr. WELLSTONE. Mr. President, I 70 hours a week, yes, they might only in 1 week is pursuant to the flexible thank the Senator from Massachusetts. work 20 hours the next week under this schedule that is now allowed as a bene- Mr. President, let me continue. legislation, or 30 hours, or whatever fit for Federal employees. Mr. President, let me now return for but they don’t get any time and a half The PRESIDING OFFICER. The Sen- a while. We will get back to the disas- off. So it becomes a pay cut. ator from Minnesota. ter relief. Let me now turn to S. 4. I That is what it is all about. This isn’t Mr. WELLSTONE. Mr. President, let will speak some about S. 4. the Family Friendly Workplace Act. me respond to my colleague’s question. Mr. President, let me also say to Sen- This is the Paycheck Cut Act. Let me first of all just say that I ator THURMOND, before I do so, that I Mr. ASHCROFT. Will the Senator have spent enough time as a commu- would like—— yield for a question? nity organizer, and I have spent enough Mr. ASHCROFT. Mr. President, I Mr. WELLSTONE. I actually won’t time with working people, many of would like to call the Senate to order yield for a question right now. whom are nonunion workplaces. One under the Pastore rule. The PRESIDING OFFICER. The Sen- big difference, of course, is that with The PRESIDING OFFICER. The Sen- ator from Minnesota. Federal employees and public employ- ator from Minnesota will confine his Mr. WELLSTONE. So this piece of ees that a much larger percentage of debate to the specific question pending legislation, Mr. President, which is the work force are unionized and that I before the Senate. supposed to be friendly to families es- Mr. WELLSTONE. Mr. President, I know that what in theory can look vol- tablishes a new framework. It is not will be pleased to talk about S. 4, and untary and look like a partnership the 40-hour week. will do so. isn’t always the case. Mr. President, we have here what is Second of all, you have a flextime Whereas, in theory it would look like called the Family Friendly Workplace provision which says that you work an employer couldn’t say to an em- Act. Mr. President, in all due respect, overtime and then you can take some ployee, ‘‘Look. You know, here is my it is hardly friendly to families. time off but it is hour for hour. You proposition. I want you to work 50 Mr. President, as I have mentioned don’t get time and a half off. hours this week, and, yes, that is 10 earlier, we have to approach legislation Mr. President, that hardly represents hours overtime, but you get 30 hours sometime in the sense of history. There a family friendly workplace. off next week. That is what I want you was once an exchange I had on the Mr. President, I regret what I just to do.’’ In theory, the employee doesn’t floor of the Senate with my colleague said to my colleague. He asked me to have to do it. But anybody who knows from Missouri where we talked about a yield for a question. I certainly will. I anything about the reality of many song, ‘‘Which Side Are You On?’’ Flor- got caught up a little bit in sort of the, people in terms of what they deal with ence Reese actually wrote it. Florence you know, kind of anger from a couple at the workplace knows that they don’t Reese was a great troubadour for work- of minutes ago. I am not being at all exactly have a lot of power, and they ing people and for unions, especially gracious. are not exactly in a position to say no, mine workers. Mr. President, I will continue to especially when that job might be the Mr. President, when we were able to speak, but if my colleague has a ques- only job there and they have to put pass the Fair Labor Standards Act in tion, I think he did, I will be pleased to food on the table for their kids. the 1930’s, that was an enormous step respond. People put up with a lot. forward for working people. Mr. ASHCROFT addressed the Chair. Mr. President, lest anyone think that This piece of legislation, Mr. Presi- Mr. WELLSTONE. Did my colleague I am some sort of devoted to class war- dent, essentially wipes out almost 60 ask me to yield for a question? fare, let me just examine the facts. years of people’s history. Mr. ASHCROFT. I did ask him to Last year the Department of Labor Mr. President, for those who are yield for a question. found violations of current overtime watching this debate, since we are Mr. WELLSTONE. I am pleased to law in 13,687 cases involving 170,000 going to talk about this bill for a while yield for a question. workers. They awarded over $100 mil- before we again talk about disaster re- The PRESIDING OFFICER. The Sen- lion in back pay. The Department’s lief by the rules that I am now under, ator from Missouri is recognized for a Wage and Hour Division has a current for those people that are watching this question. backlog of approximately 40 percent of debate, one of the things that was most Mr. ASHCROFT. I ask the Senator annual complaints. important about the Fair Labor Stand- from Minnesota, Mr. President, if he is In the garment industry, an inves- ards Act was the idea of the 40-hour aware of the fact that under the bill tigatory survey conducted by the De- week. The idea was that if you worked that the only way you can be working partment in Los Angeles last year re- overtime you would get overtime pay. more than 40 hours a week without vealed noncompliance with current Mr. President, I am speaking without overtime compensation is to do so as a overtime law in 55 percent of our shops. notes. So I don’t remember the exact result of a voluntary agreement simi- In our subcommittee we watched the figures. But I believe somewhere in the lar to the voluntary agreement which videotape feature from CBS news which neighborhood of 60 percent of those is entered into now by Federal employ- chronicled a ‘‘Battle Against Over- households with incomes under $20,000 ees with their employers, whereby you time,’’ apparently conducted system- a year depend on overtime pay. can schedule a 40-hour week to average atically by one of the country’s largest So, Mr. President, one of the things over a 2-week period. supermarket chains. The news item re- which is a dear principle here is that Such agreements, in the Federal sys- ported on the company’s alleged prac- there is no way as a Senator from Min- tem for example, provide the basis for tice of coercing employees to perform nesota, which is a State that believes people to work 45 hours in the first work off the clock; that is, without any in economic justice, that I am going to week and 35 hours in the second week, pay in order to avoid paying overtime. let any piece of legislation, or at least and have every other Friday off. And Mr. President, these practices may to the best of my ability I am going to absent that kind of voluntary written not be the norm for most employers try to prevent it from overturning the agreement scheduled in advance, no but they do demonstrate the need to Fair Labor Standards Act. one can be asked to work more than 40 protect against a bill which will pro- So, Mr. President, if you work over- hours in a week without being paid vide employers with a tool which they time, you ought to get overtime pay. overtime. could use to avoid paying overtime. June 3, 1997 CONGRESSIONAL RECORD — SENATE S5233 So I have no doubt that my colleague Mr. WELLSTONE. Mr. President, I making progress. But, Mr. President, I means exactly what he says. There say to my colleague, he raises a couple am puzzled—I see my colleague on his isn’t anybody that believes anything of important questions and good ques- feet, and I am pleased to take another other than that about it. He means tions. The fact that the law does not question if he has one, but let me just what he says. But, what looks good in work so well now does not mean that say to my colleague that I am puzzled theory doesn’t work in practice. That we now make the existing law even by the current approach we are taking. is the problem. weaker with the hope that somehow it It doesn’t trouble me because I am That is why, Mr. President, in the will work better. able to speak about what I think House of Representatives in the piece That is my first point. My second should be the priority of this Congress, of legislation that they passed the only point, Mr. President, is that we have a which is getting disaster relief to peo- thing you have is the comptime. With backlog. We have a significant backlog ple in communities in Minnesota and comptime you get an hour and a half of cases, and my understanding is that the Dakotas, and I will be back on that off for the hour that you worked over- another problem with the bill is that at 5:20 or whenever I can, but I would time, or you get an hour and a half in not only does the bill not exclude cer- say to my colleague, I am puzzled with pay. tain categories of workers, like people the approach taken here because this That is why this piece of legislation in the garment industry that should be bill is not going to pass, and yet my has been called, even by some of the excluded given the existing record, but colleague is really—I mean, the last people in the House that supported you don’t have the existing woman- thing I want to do is say something that bill, too extreme. And it is. Be- and man-power enforcement. We are that is going to offend him. I mean, I cause, Mr. President, what you are going to need more of that. will in terms of different debate, but I going to have here when you do away Third, I say to my colleague, I think am not going to do it personally, be- with a 40-hour week and you get into what he is talking about would be help- this 80-hour-week framework is all cause he is for real. He believes in what ful especially if we wanted to pass a he is doing. sorts of potential for abuses of power. piece of legislation and one of the areas Mr. President, if we didn’t have the It seems to me there is a way you where we would really have to toughen could really get the flexibility for the record that I just read to you about this up is we have to make sure that some of the existing abuses, and the employees and you could really accom- there is not any discrimination here. plish the goals of that, but I do not get way in which there is forced overtime I talked about this earlier. What I to say that because he is the author. right now, I wouldn’t worry about it. was talking about earlier is what many He probably feels he knows best. But I But, Mr. President, that is the reality. people as they now come to find out— am telling you right now, if you do That is the reality. That is one of the at first I think people really liked the away with the 40-hour week, you are problems. bill when they first heard about it. not going to get the bill passed. Mr. ASHCROFT. Will the Senator They liked the bill because my col- You have this 80-hour, 2-week frame- yield for a question? league is on to something important work which we do not have in the Mr. WELLSTONE. I would be pleased and he is trying to do something I House—their bill is more moderate— to yield for a question. think important. And that is, people The PRESIDING OFFICER. The Sen- you are not going to get this bill were saying look, you know, if there is ator yields for a question. passed. You have the flextime where a way that we could have more flexibil- Mr. ASHCROFT. The Senator cites you only get 1 hour off for 1 hour over- ity and could be able to spend more 13,000 cases that were resolved or filed time, you are not going to get this bill time at home and we could have the in the last year. It seems to me, that passed. And if the penalties that my flexibility to get the comptime and demonstrates that there is an enforce- colleague talked about for coercion do time-and-a-half off instead of time-and- ment mechanism in place, and that a-half wages, we would like to have not cover this kind of discrimination, when there are abuses that are under- that option. then you are not going to get this bill taken, either under the current law, But what people are deathly afraid passed. which obviously isn’t perfect, or else of, and for good reason, is what’s going Mr. ASHCROFT. May I ask the Sen- there wouldn’t be any abuses, you to happen is that in the absence of ator a question. know, I think that is really a wrong some sort of protection here against Mr. WELLSTONE. I would be pleased statement because you have abuses discrimination, there is going to be no to yield for a question. even under the best laws. The key is Mr. ASHCROFT. May I ask the Sen- guarantee that all too many employers whether you have enforcement. Given are going to basically say, well, Sen- ator, does he think the Senators on his the fact that you have enforcement and side of the aisle intend to offer amend- ator ASHCROFT and Brian Ahlberg and that you have double penalties under ments that we can begin to process PAUL WELLSTONE, there are three of the law that has been proposed so that you. Now, Brian Ahlberg and Senator providing the kind of relief to the pri- you double the risk for the employer, vate sector that people in the Govern- ASHCROFT, you two folks, you want given the fact that the law talks about overtime work and you are willing to ment area have in terms of these flex the fact that it shall be against the law take time-and-a-half off but not time- benefits? We have flextime benefits. We to have either direct or indirect coer- and-a-half pay. We will give you the have comptime benefits. Flexible time, cion or intimidation, and given the fact overtime work because, as an em- in particular, is available to govern- that when you define what coercion is ployer, as a company, I don’t want to mental employees. In the 1996 survey in the bill, you find out that it is to in- give you the time-and-a-half pay. conducted by the Census Bureau, only timidate, threaten, coerce, includes That is a huge problem. If we do not 6.6 percent of all hourly paid women, promising to confer or conferring any have some sort of a way in which we for example, got overtime pay in a typ- benefit such as appointment, pro- can guarantee that you will not have ical work period, and if we are only motion or compensation, or affecting that discrimination, then a whole lot going to deal with comptime, we are or threatening to affect any reprisal of families that are struggling to make dealing with a very, very small num- such as deprivation of appointment, ends meet may not be able to get that ber. promotion or compensation, don’t you overtime pay that they depend upon. Now, when you talk about Federal think that the measures in the bill pro- So, Mr. President, let me just make Government employees and their abil- vide a safeguard, and that if there are it crystal clear that the bill’s penalties ity to have flexible working arrange- violations they could be pursued just right now for coercion do not cover the ments, we are talking about a broad as aggressively under the new frame- discrimination that we are worried population, because flextime applies to work, which is a framework that is al- about. And I would just make it clear those who do not normally get over- ready shared by the Federal Govern- that one of the things we might want time work. Are there any—does the ment employees? Could not the en- to do is accept the Kennedy amend- Senator know of any Senators on his forcement personnel also enforce this ment which was turned down in com- side of the aisle who will be offering kind of law, especially with elevated mittee that deals with discrimination. amendments to get that done? penalties and the increased description The bill’s penalties now apply to this Mr. WELLSTONE. Mr. President, a of coercion? kind of discrimination, and we are couple of points I would like to make S5234 CONGRESSIONAL RECORD — SENATE June 3, 1997 to my colleague. The first one is, we Mr. WELLSTONE. I would be pleased all, and especially for women who are will get to some of those amendments. to take a question in one second. Let outranked about 2 to 1 by men in terms We filed amendments. But I have to me just finish this. Let me just finish of the privilege of getting overtime, say to my colleague that we are not it real quickly. setting all those aside, you are doing likely to get to those amendments I have to go back to this case of something for the people who get over- until we pass a disaster relief bill. So whose side are you on. We are on the time, and it is true that your proposal the first answer to his question is just side of working families when we make addresses those people and there are that; I do not think we are going to get it clear that the 40-hour week is pro- two men in that group for every to these amendments until we pass the tected. And if you work overtime, you woman in that group. That is what disaster relief bill. are entitled to time-and-a-half pay. We your own statistics basically show. So The second point I would make to my are on the side of working families you are doing something for mostly colleague is that I will be very inter- when we make it clear that if you want men who get overtime. But for the peo- ested in all of these figures. I do know to get some time off to be with your ple who do not get overtime and still that in, roughly speaking, 60 percent of families and you have worked over- have sick kids and still have families the cases of families with incomes time, you should get time and a half. that have trouble and still need to have under $20,000 a year, you have a worker We are on the side of working families flexibility in their workplace, what are who depends upon overtime pay. And when we have a piece of legislation you proposing for those individuals? whether or not we are talking about that makes it crystal clear that no em- And are there going to be amendments women or men, it seems to me this is ployer can discriminate and put people to this legislation that propose to do terribly important. Of women who in a position where the only kind of something to give them flexibility? work overtime, 38 percent of hourly overtime work they are going to get is Mr. WELLSTONE. Let me just re- workers earning overtime pay are if it is your comptime and not over- spond to my colleague in two different women—38 percent. And 11.6 million time pay. ways. women work over 40 hours each week. We are on the side of working fami- First of all, a pay cut where people Let me repeat that—11.6 million lies when we make it clear that for are no longer able to get overtime pay women work over 40 hours each week. family and medical leave reasons, if or may be put in a position that they This is 22 percent of the working you have banked your time and you do not get overtime, time off for over- women in this country. And 6.2 million have 30 hours of banked time and now time worked doesn’t help anyone. It women work over 48 hours each week. you have a child sick or you have a does not help working women. It does This is 12 percent of working women. parent that is ill, you can take that not help working men. And it does not And 2.3 million women work over 59 time off. You do not have to ask for help working families. It is, if you will, hours each week. This is the 4 percent permission. elementary. of working women. So let me just—— None of those features are in this leg- Second of all, as a matter of fact, if Mr. ASHCROFT. Will the Senator islation right now, and therefore this you look at the alternative—this is yield for a question. what puzzled me about my colleague Mr. WELLSTONE. Let me just make legislation in its present form will go here. If you look at the alternative the point if I could, Mr. President, it is nowhere. And, yes, there will be really quite astounding, and it says amendments on the floor of the Senate, that is being presented by Senators something very fundamental about and, yes, there will be efforts to im- BAUCUS and KERREY and other Demo- where we are in this debate. Thirty- prove this bill. But as long as I have crats, and I would assume there would eight percent of hourly workers earn- the floor, there are not going to be any be Republican support, as a matter of ing overtime pay are women; 11.6 mil- amendments until we get to the disas- fact, that is exactly what we are talk- lion women work over 40 hours each ter relief bill. ing about, which is what you have in week. This is 22 percent of working Now, I am not going to be able to this alternative. You have comptime— women. stay on the floor forever, but that is that is what it is about. It does not Mr. President, this is not surprising. going to be the point. abolish the 40-hour week. It does not This is not surprising at all because we Now, Mr. President, I want to make amount to a pay cut. It is time-and-a- have got in our country—let me just it clear I can only yield for questions. half off for every hour you have worked make this clear. In our country we So I cannot yield—I think the Senator overtime. It provides the protection have a paradox. On the one hand, we mentioned he wanted to answer, he against the discrimination so employ- have this affluence which we are grate- wanted to answer what I have said, and ers are not able to only give overtime ful for, but on the other hand, we have I would ask the Chair, am I correct, the to people who take comptime as op- many families who are still unable to Senator—I think he may have meant it posed to people who need the overtime make a decent living and raise their differently. The Senator said I would pay. It makes sure that you get the children successfully, and many women like to answer the question. Am I cor- flexibility that we say the employees are working full-time and many women rect I can’t let the Senator answer any want. are working overtime. question; I can only yield to a ques- That is part of it. The other part of it You have an alternative bill, if we tion? So, Mr. President, I would be is, in all due respect to some of the em- wanted to have some give-and-take dis- pleased only to yield for a question ployers in our country, not all of them cussion, you have an alternative bill of from my colleague. —there are, of course, many great em- Senator BAUCUS, Senator KERREY, and The PRESIDING OFFICER. The Sen- ployers—the fact is—and in the sub- others which makes it clear that what ator is correct. Does the Senator from committee we heard testimony to this we do is take in part what the Senator Missouri have a question? effect. from Missouri has done, but we extend Mr. ASHCROFT. Yes, I do. I will try The fact of the matter is, right now it and we say, look, there are going to to phrase this in the form of a ques- there are all sorts of opportunities for be penalties and we are going to have tion. When the Senator from Min- flexibility. You don’t have to overturn some protection against discrimination nesota asks whose side am I on, he in- the Fair Labor Standards Act. People so that an employer cannot say to a dicated that 38 percent of the hourly can work 4 10-hour days and then take woman who is working, or, for that workers, overtime pay workers were a Friday off or a Monday off; they can matter, a man, look, we will give you women. That really means that 62 per- work 9-hour days and work half a day overtime if you take comptime but we cent are men. Almost twice as many Friday or take every other Friday off; will not give you overtime pay. men in the equation are overtime people can come in at 7 and leave at 3; That is unacceptable. It is just sim- workers as are women and that really they can come in at 10 and leave at 6. ply unacceptable. And, Mr. President, does not talk about the number of There are employers right now that that is where we say, if you will, in the women generally who are workers that provide employees with that flexibil- words of Florence Reese, which side are rely on overtime or have the chance to ity. you on? That is where we draw the line. get overtime. The real problem is that a lot of em- Mr. ASHCROFT. May I answer that My question is, for the vast majority ployers don’t give employees that flexi- question. of workers that do not get overtime at bility. So, all of a sudden I become a June 3, 1997 CONGRESSIONAL RECORD — SENATE S5235 little skeptical, as a Senator from Min- offer real flexibility to the working women it Women’s Law Center, Women’s Legal De- nesota, where we put a real value on purports to help while offering a substantial fense Fund. economic justice and work and fami- windfall to employers. We urge you to delay Leadership Conference on Civil lies, when the very people who do not consideration until a real solution can be Rights. found which truly meets the needs of work- I might also add there is a coalition give the employees the flexibility they ing women and families. Nearly half of the could right now, come in and testify to work force is women and the number of of 180 national civil rights, religious the need for this bill. I remember we women working multiple jobs has increased and working women’s organizations had testimony from a representative of more than four fold in the last 20 years. S. 4 which oppose this legislation: League the National Federation of Independent would affect hourly workers, and most hour- of Women Voters, National Women’s Businesses saying, ‘‘Look, we need to ly workers are women. The majority of mini- Political Caucus, National Women’s do this because we can’t afford to pay mum wage workers are women. Many of Law Center, American Association of overtime.’’ All of a sudden I am saying these women depend on overtime pay. Many University Women, National Organiza- of them want more control of their sched- tion for Women, Women’s Legal De- to myself, ‘‘My gosh, this is not family ules, not less. Without strong protections for friendly. This is going to lead to the workers, the comptime bill will cut women’s fense Fund, National Counsel of Senior functional equivalent of pay cuts. This options and women’s pay. For example— Citizens, NAACP, National Urban League, National Council of La Raza, is not about giving people the choice And I will just read slowly. and flexibility they need.’’ Disability Rights Education and De- Someone pressured into taking comp time fense Fund, Union of American Hebrew Mr. President, we had an amendment when she really wants or needs overtime pay in subcommittee. It was turned down. is taking an involuntary pay cut; Congregations, Southern Christian It’s part of the alternative. It works Leadership Conference, National Coun- Let me repeat that. That’s an argu- cil of Churches. like this: If you bank comptime and, ment I have been making. These orga- for example, you have 20 hours that Mr. President, in addition, and then I nizations which I will list in a moment will yield for a question, a couple of you have earned, it’s your time. Now, if are right on the mark: you have to go to your child’s school, if other organizations: Mechanical Con- you need to go visit with the principal Someone pressured to taking comp time tractors Association of America, Incor- when she really wants or needs overtime pay porated, National Electrical Contrac- or a teacher, or you need to take care is taking an involuntary pay cut[.] of a family member, you can use your tors Association, Sheet Metal and Air accumulated comptime to get that So, again I would say, when it comes Conditioning Contractors’ National As- time off. We could do that. Then we to the enforcement machinery, you sociation, AFL-CIO, American Nurses would have real employee flexibility. have to deal with this whole issue. Association, National Education Asso- Mr. President, I ask unanimous con- Mr. ASHCROFT. Will the Senator ciation, American Federation of Teach- sent that I be able to yield for the yield? ers, Union of Needle Industry and Tex- Chair to make an appointment and Mr. WELLSTONE. I will be pleased tile Employees, Service Employees that I not lose my right to the floor to yield in just one moment. I will fin- International Union, Communications and that my resumption on the floor ish reading the letter and I will be Workers of America, United Steel- not be counted as a second speech. pleased to yield: workers of America, Communications The PRESIDING OFFICER (Mr. ROB- .. . supporters argue that S. 4 is voluntary Workers of America, United Auto and employees have a ‘‘choice,’’ yet working ERTS). Without objection, it is so or- Workers, the International Association women who have for decades faced subtle dered. of Machinists, Laborers’ International (and not-so-subtle) forms of discrimination Union of North America, United Broth- f are all too familiar with the potential con- sequences of not going along with the em- erhood of Carpenters, International APPOINTMENT OF CONFEREES— ployers’ wishes: isolation, intimidation and Brotherhood of Teamsters, Inter- SENATE CONCURRENT RESOLU- retaliation; and national Association of Bridge, Struc- TION 84 . . . because employees do not control tural and Ornamental Iron Workers, The PRESIDING OFFICER. Under a when or if they can use their comp time, American Federation of State, County previous order, the Chair appoints the they are essentially being asked to gamble and Municipal Employees. on the chance that they will be able to take following Senators to serve as con- Mr. President, you know, it has be- time when it is as valuable to them as over- come fashionable to do all this bashing ferees to Senate Concurrent Resolution time pay. 84. of unions, but I have to say this. As a This is pretty important because my The Presiding Officer (Mr. ROBERTS) matter of fact, above and beyond all understanding, with Federal employees appointed Mr. DOMENICI, Mr. GRASSLEY, these women’s organizations, unions get to make that choice. That is a big and Mr. LAUTENBERG conferees on the really in the last half of the century- difference here: part of the Senate. plus have been the only institutions . . . because employees do not control f which have consistently represented when or if they can use their comptime they the bottom half of the population, FAMILY FRIENDLY WORKPLACE are essentially being asked to gamble on the those people who do not own all the ACT chance that they will be able to take time capital and do not own the big corpora- when it is as valuable to them as overtime The Senate continued with the con- pay. tions and depend on the wages and de- sideration of the bill. pend on being able to get overtime This is my point again. We had an when they work overtime, and depend The PRESIDING OFFICER. The Sen- amendment which would improve this ator from Minnesota has the floor. upon being able to bring in the re- bill. We could pass this bill which says: sources to support families. It would Mr. WELLSTONE. Mr. President, I Look, you bank that time. It’s your see that I have another 15 minutes to seem to me, if this was such a great time. It’s your earned compensation. If deal for working families and for work- speak about this legislation before you have compelling reasons that you being able to focus my attention on my ing women, the very organizations need that time off, sickness of child, which represent women and so many major priority here today, which is the sickness of parent—you know, what’s need to get disaster relief to the people working people in this country would in the Family and Medical Leave Act— be all for it. Yet, you have major oppo- in Minnesota and the Dakotas and you should be able to take the time off. other States, who deserve our help. sition. You should not have to ask the em- So, I will be pleased to yield for a Mr. President, let me read a letter ployer. It’s your time: that I think is extremely important as question, if the Senator has a question. S. 4 must be defeated. Women want flexi- But otherwise I will continue to make we go through and debate this piece of bility in the workplace, but not at the risk legislation. the case that this legislation, in its of jeopardizing their overtime pay or the present form, is going nowhere. I am DEAR SENATOR LOTT AND SENATOR well-established 40 hour work week. DASCHLE: The undersigned national organiza- Sincerely, 9 to 5, National Association of sorry for that, because my colleague tions represent many of the working women Working Women, American Nurses Associa- has worked hard on it. But this legisla- of today. We believe passage of S. 4, the tion, Business and Professional Women, Na- tion, it really violates some very cher- Family Friendly Workplace Act, fails to tional Council of Jewish Women, National ished principles that have to do with S5236 CONGRESSIONAL RECORD — SENATE June 3, 1997 fairness in the workplace: Decent and waiting and waiting, and waiting, Mr. WELLSTONE. But, Mr. Presi- wages, overtime wages for overtime and the House of Representatives went dent, the fact of the matter is that it is work, and giving employees—employ- into recess and did not pass a disaster only in theory. My colleague has con- ees—employees the flexibility. This relief bill. structed this theory, and it is a theory legislation does not do that, Mr. Presi- A disaster is a disaster. And an emer- that employees have a choice. I have dent. gency supplemental is an emergency organized with people at workplaces. I Now, Mr. President, since I have not supplemental. So I am going to con- have worked with people who are work- been asked to yield for a question—— tinue to be on the floor and I am going ing under conditions that I sometimes Mr. ASHCROFT. Mr. President, I ask to continue to speak. If that means say to them, ‘‘Look, you are going to the Senator if he would yield for a that the Senate cannot conduct busi- lose your hearing. Or, you’re breathing question? He had indicated earlier he ness as usual, then I say to my col- in substances that are going to take would. If he still is of a mind to yield? league, that is the way it should be. years of your life.’’ They said, ‘‘We Mr. WELLSTONE. I am sorry, I am Because, quite frankly, at this mo- have no choice. This is the only job we being careful about keeping the floor. I ment, at this point in time, my one pri- can find.’’ People do not always have will be pleased to yield for a question. ority is to fight like heck for people the choice. It is not an equal power re- Mr. ASHCROFT. I ask if the Senator back in the State. lationship; that is not the world of the from Minnesota is aware that the law Mr. ASHCROFT. Will the Senator workplace. would be enforced as it is written and yield? And even if my colleague was right— not as it its characterized in that let- Mr. WELLSTONE. Mr. President, I and I wish he was and this theory ter? I do not have any doubt that peo- actually will not yield for a question would turn out to be true and it would ple could oppose the law as it is rep- right now because I want to respond to be the reality—why not, if you want a resented in that letter that was written the first question first. piece of legislation, why not err on the by all the labor unions. The letter says Mr. President, I will just say to my side of caution? Why not have a clear that a person who takes comptime for- colleague—and I put him at a disadvan- provision as in the alternative by Sen- ever loses their right to the money. tage because I have the floor right ators BAUCUS and KERREY and That is just simply wrong. now—that based upon my knowledge of LANDRIEU? Why not have clear protec- The law provides, not only do you him, and I do not know his as well as tion against that discrimination? have a choice about whether you want I would like to, I think he would be The second thing is, you can say that comptime, whether you want to be paid doing the same thing. employees are protected from coercion, There comes a point in time when time and a half—and that is a clear but it is not clear that that protects you do not have any other choice. You choice and it is a choice that is to be them from the discrimination. have to use your language. You have to made without any coercion, indirect or Mr. President, the third point is be out there fighting for people in your direct, or intimidation indirect or di- whether or not people will be able to State. rect, or threatening—but, even after take their accumulated comptime and We tried to appeal, I say to my col- use it when they need to. And we do you have made that decision the law league, in answering this question, we provides, not the letter but the law not have any guarantee of that in this tried to appeal to common sense. That legislation. provides you can change your mind and did not work. We tried to appeal to the So, Mr. President, I think that the decide to cash out your benefits. So, if goodness of people. That did not work. women’s organizations and labor orga- you want the money you have the abil- We tried to appeal on the basis of ‘‘we nizations that have written their let- ity to say I am just going to take the have supported you when your States ters and said, look, this is not going to money. have been hit with these disasters and help working people, are right on the So, my view is I wondered if the Sen- please support us.’’ That did not work. mark. ator were aware of those kinds of The leadership in the House, if you Mr. President, I also want to cover things? can call it leadership, did something for a moment the differences between Second, if I could ask a second ques- which is unconscionable. They just the Federal workers program and S. 4. tion, I wonder if the Senator is aware went into recess. It was insensitive. Let me just go over some things. Fed- that there have been a group of people And now I come back and people are eral employees—I will read for a mo- come to the floor over the last several still waiting. We do not even know ment—have job protections that pri- hours who have come to me with whether they are going to do it this vate sector workers do not. Federal amendments, some of which are spe- week. workers are covered by civil service cifically directed toward points of con- So I say to my colleague, yes, if it rules requiring good cause for dis- cern raised by the Senator, but that means I am inconveniencing col- charge or discipline. Private employees the Senator is unable to consider them leagues, Republicans or Democrats, I typically are at-will employees, who an as long as the Senator from Minnesota am sorry, but this is what I am going employer can fire or discipline for any continues to monopolize the floor and to do. And, you know, I will be here for reason or no reason. As long as we are to say that no one else will have a a while and I will stay at this all week talking about parity, maybe we ought chance to work constructively on the and next week if I have to, as well. I to turn this around. bill? am going to fight for people in Min- Mr. President, I would be pleased to Mr. WELLSTONE. Mr. President, let nesota. No apologies. go back to this debate later on. But me respond to my colleague’s second By the way, it does not matter to me now I want to focus on what I think is question first. whether or not the people who were the most important priority for this I am very well aware of the fact that flooded out of the homes were Repub- Congress, and that is to get disaster re- Senators may want to come to the licans or Democrats or Independents or lief to people in my State and to other floor with amendments and I have said none of the above. They are entitled to States where people have been affected a number of times, and my colleague some assistance, and they are entitled by the floods. has been here during this long after- to it now. This Senate is not going to I would like one more time to say, I noon, I apologize for the inconvenience, be conducting business as usual until am sorry. I mean, I apologize to my but, quite frankly, right now my focus we get our priorities straight. colleague from Missouri, and I apolo- is not on whether or not some Senators In response to the first question, I gize to other colleagues for the incon- can bring some amendments to this guess this is an honest disagreement. I venience. But I have promised myself bill. mean, this letter says that someone that I would do everything I could do. My focus is on men, women, and chil- could be pressured into taking And I think maybe by speaking on the dren back in Minnesota, in commu- comptime when she really wants or floor and holding the floor, I can get nities, many of whom have been flood- needs overtime pay. That is what I attention to this unfinished business, ed out of their homes, have been dev- have been talking about. I believe they that I can put some pressure on people astated, many of whom have supported are right. here—I am just being very honest one another, have loved one another. Mr. ASHCROFT. There is a second about it—and I can just fight. This is And right now they have been waiting choice. the way you fight. June 3, 1997 CONGRESSIONAL RECORD — SENATE S5237 I hope, I say to my colleagues, that ple showed up. Even towns with all the it was the fifth time in five days that the this disaster relief bill is put on the rivalry where the high schools were al- Weather Service had revised the crest fore- fast track and that people will get the ways in big football games against one cast. It didn’t take an official bulletin to inform work done. I want to be real clear that another, and people hardly had a good Grand Forks residents they were in deep this has been, up until the last couple thing to say about one another, partly trouble. days before the Memorial Day recess, out of rivalry, people just welcomed What was so sad about this, I had vis- the opposite of sour. It was bipartisan. their neighbors. That was the goodness ited several times earlier and people Thank you. I mean, thank you, Repub- of people. did everything they could. There were licans; thank you, Democrats. We That is what is so frustrating. People high school kids out there sandbag- worked together. We put together a have done it right. They have done ex- ging. It was a great community effort. really good package. Senator STEVENS actly what they are supposed to do. People were working day and night. was very sensitive and very committed They have showed a real sense of com- They started very early on. We knew to what we were saying and went out of munity. This Congress has showed no we had a lot of snow. People were wor- his way to help. The majority leader, sense of community. People back in ried about this. They did everything Senator LOTT, was helping us. I do not Grand Forks and East Grand Forks and they could to get ready for this. believe that the House of Representa- Warren and Ada, you name it, and tives being unwilling to deal with this, other communities, they have shown a It didn’t take an official bulletin to inform Grand Fork residents they were in deep trou- instead going home, was what the ma- real sense of goodness. We have not. ble. jority leader wanted. But this is the Mr. ASHCROFT. Would the Senator The scene in the deserted Lincoln Park deck of cards that we have been dealt. yield for a question? area of Grand Forks Friday afternoon was At this point in time, it is really a Mr. WELLSTONE. I would yield for a one of almost eerie splendor, with the sound moral outrage. I am going to stay at question in just a moment. of rushing streams of water drowning out all this until the Congress does the right Mr. President, I want to continue to other noises except the whumping of Coast thing for the people in Minnesota, the read this article first. Guard helicopters overhead and the sirens. If people in the Dakotas. On the Minnesota side, most of East Grand it weren’t for the fact that hundreds of This is an article written by Nick Forks was under order to evacuate— homes were being devastated while their helpless owners waited out the flood in safe- Coleman, Tim Nelson, and Brian Mr. President, I will yield for a ques- ty, you would think you were on the banks Bonner, who are staff writers for the tion, but just for a question. of an untamed northern river. Pioneer Press. This will give colleagues Mr. ASHCROFT. A point of clarifica- And you’d be right. a feel for why I am out here. This was tion: Is the Senator aware that the Millions of sandbags, millions of dollars, written on Saturday, April 19, 1997: U.S. Senate passed a supplemental ap- hundreds of thousands of hours and months The river won. propriations measure that would carry of planning were not enough. Bolstered by a The Red River of the North overwhelmed the relief? I think the Senator is aware rise in the Red Lake River, which flows into months of massive efforts to keep it at bay the Red at East Grand Forks, as well as by of that. And when the Senator says unprecedented overland flooding to the Friday, bursting over, around and through this Congress has been irresponsible, I the dikes of Grand Forks and East Grand south—upstream on the north-flowing river, Forks, Minn., surging down evacuated wonder if he means what the Senate the Red surpassed all expectations and its streets and rapidly drowning hundreds of did was irresponsible when it passed dikes with an ease that was awe-inspiring to homes. that kind of relief or—— witness. Air raid sirens on both sides of the bloated Mr. WELLSTONE. First of all, Mr. Water spilling over the dike several blocks river wailed ominously all day and night as President, I made it crystal clear today to the south was rushing knee-high along first one dike, then another succumbed to that the House—— Lanark Avenue, then cascading down a block-long stretch of pavement that has been the river, which in a few short hours made a Mr. ASHCROFT. Well—— mockery of the effort to contain it. transformed into a foaming spillway. Late last night, Grand Forks Mayor Pat Mr. WELLSTONE. I will say to my A few blocks away, the surging river Owens interrupted local TV programming to colleague, I have the floor. I made it poured over a 12-foot-high dike on Lincoln urge the entire city of 50,000 people to volun- clear, Mr. President, that I cannot be- Drive, roaring like a waterfall and threaten- tarily evacuate their homes and businesses lieve that the House of Representatives ing to burst, unleashing the massive amount and prepare for possible forced evacuation. went into recess. But it is also true— of flood water that had been held back by the With the Red on the rise last night to a and I have thanked colleagues in the dikes until yesterday. predicted crest of 54 feet—a full 25 feet above Senate for their work—but I am telling Fireplace logs, plastic snowmen, sofa cush- flood stage—the overmatched dike sagged ions, and chunks of ice drifted past in the like the sides of a child’s sandcastle at the you, somebody has got to make it rapid current, sweeping past stacks of sand- beach. clear, and our colleagues from the Da- bags, shovels and piles of sand. ‘‘We’re sad By the end of the day, several abandoned kotas feel just as strongly, and they about our city and what’s happening,’’ Grand neighborhoods were swamped in roof-high have made it clear, that business as Forks Mayor Pat Owens said tearfully. ‘‘It is water. After darkness fell, the situation ap- usual is not going to go on. We will use very devastating to all of us. If I were to say peared critical: Water had begun to seep up our leverage as Senators. one thing to the people of Grand Forks it through downtown sewers, and the city’s It is also true, however, that even on would be keep the faith and we will make it emergency operation center was forced to the Senate side, on the majority side, I through.’’ move from downtown to the outlying Univer- Under a bright spring sky, with lovely cu- sity of North Dakota. am sorry to say, there is the idea that mulus clouds on the horizon and birds sing- On the Minnesota side, most of East Grand you should attach extraneous measures ing nesting songs, Grand Forks was receiving Forks was under order to evacuate and 400 to the disaster bill. That is not accept- the pent-up wrath of a winter of record cold additional National Guardsmen were on the able. That was in the Senate bill. and snow. Temperatures soared into the low way to aid the city of 8,000. All this discussion about a CR, good 60’s for the first time in April and residents And I say to my colleagues, I was people back in our States do not under- of Grand Forks dressed in short sleeves as there the day that people from East stand what in the world people are they turned out by the thousands in one last- doing playing games. That is why I ditch effort to hold some of the dikes. Grand Forks evacuated. And the peo- All nonessential businesses were asked to ple, they were like refugees. People talk about this Congress. close and to steer their employees towards were dazed. Now, Mr. President, Let me go on. the front lines. Cars, pickups and National Normally divided by the Red River, the Normally divided by the Red River, the Guard trucks raced up and down the muddy two cities found themselves joined in misery two cities found themselves joined in misery streets of Grand Forks, giving the city the by a spreading river that knows no borders. by a spreading river that knows no borders. look of a wartime capital. At nightfall, the last bridge linking them At nightfall, the last bridge linking them The scene in a packed McDonald’s res- was nearly submerged. was nearly submerged. taurant on South Washington Street seemed A should have said earlier also that Soon after that, the National Weather right out of a disaster movie. A woman, her one of the amazing things was the way Service issued an ominous assessment, rais- sweatshirt caked with mud, sobbed as she ing the crest forecast by a foot. ‘‘This situa- embraced a friend and told him that her in which—and this would be the same tion is unlike any flooding conditions ever house in the Riverside Park area of the town thing in Missouri or Kansas—people experienced in eastern North Dakota and was inundated. from the adjoining towns took people northwest Minnesota.’’ Confounded by the Other muddy-booted patrons stood in line into their homes. It was amazing. Peo- effects of overland flooding and a rapid melt, for a hot meal while, in the background, a S5238 CONGRESSIONAL RECORD — SENATE June 3, 1997 TV emergency channel blared the latest take the worst in times. I wish we committee is meeting to do their work warnings. would all be like that all the time. But right now and that goes on right now. ‘‘Riverside, Central Park, Lincoln Park the students were great, really a great Believe me you, when the conference areas, please leave at once,’’ the message help. committee finishes its work and we get said. ‘‘Critical areas at this time are the Olson Drive and Elmwood Drive areas. Take Within 20 minutes, the southern section of this piece of legislation, then we will with you medication, pillow, blankets, im- the bridge was submerged and water—some- move on it right away and I will not be mediate clothing needs.’’ times settling to depths of five feet—rushed on the floor then. I think my colleague Evacuation at dawn. south down Third Avenue Southeast. confuses matters a little bit in the Evacuations along the Red River started Jim Maughton, an Army National Guards- terms of the sequence of all of this. before dawn: at 5:45 a.m., the City of Grand man working on the bridge, said water I remind my colleague one more time Forks sounded emergency sirens—even gushed at ‘‘10,000 gallons a minute’’ at its peak. that the only reason—we should not be though almost 1,000 people in the lowest area ahistoric. We only have to go to the of the city had left their homes hours before. Vince and Sue Taylor, carrying a couple of Authorities did, however, have to clear out plastic bags, trudged along with their two question, why am I on the floor now? a nursing home, relocating 106 elderly resi- children. The only reason I am on the floor is be- dents to the library of an elementary school Mr. President, that gives you a feel cause after all the work that we did in a few blocks away. for some of what was happening. This a bipartisan way to get help to people All told, 2,000 residents of nearly 800 homes is Sunday, April 20, 1997. who really needed some certainty that along the river in Grand Forks had been or- A city was sinking in the night. they would receive some assistance, dered to leave after the river starting pour- Occasional bursts of eerie blue light in the the House of Representatives’ leader- ing over the dike south of downtown. black sky signaled the demise of electrical ship decided not to do the work. They By 10 a.m. the water was running knee transformers. deep in the streets, and by evening, it was Water boiled up from the sewers, spurting did not agree to let through what we do lapping against the windowsills of a handful in fountains that were quickly submerged in not disagree on. They did not do their of the lowest homes. rising water as the river sought to equalize work, and they went on vacation. Officials estimated that more than 4,000 itself on both sides of failing dikes. Now we are back here and I am on people—nearly 10 percent of this city’s 50,000 Downtown Grand Forks was going under. the floor of the Senate today, you bet, residents—would have to find shelter else- Dikes were giving way along both sides of to signal to colleagues in the House where Friday night, and even more were the Red River of the North. and my colleagues here, let’s get it moving away from an expected break in the Like some proud ocean liner fatally dam- done and get this bill out and stop aged by an iceberg, Grant Forks was dead in city’s Riverside dike. At 9 p.m., officials or- playing games. dered the southern end of downtown Grand the water, filling up fast. And there was not Forks to evacuate. A few hours later, the a thing anyone could do but leave. As to the inconvenience, toward my mayor made an appeal for everyone in the Everywhere, between the warble of the si- colleagues on other legislation which is city to leave. rens, emergency vehicles splashed through important, I am really sorry, but in all The Minnesota side. the streets, blaring warnings over loudspeak- due respect I do not think there is any- On the other side of the river, East Grand ers. ‘‘All residents are ordered to evacuate body here that is as inconvenienced by Forks authority sent police cars through this area. Get out now!’’ my holding the floor for a little bit of streets before dawn, exhorting the city’s Signs in dorm windows at the University of North Dakota said, ‘‘Build the ark.’’ But time today as are the people of Min- 9,000 residents to wake up and go imme- nesota and the Dakotas. They are in diately to the city’s sandbagging facility to arks weren’t necessary in the darkness sepa- start filling bags. rating Friday from Saturday, struggle from the ones inconvenienced. They were in- The levees on the Minnesota side of the catastrophe, hope from despair. convenienced by the House leadership Red River started giving way Friday morn- Mr. ASHCROFT. Will the Senator refusing to do the work and just going ing, prompting frantic sandbagging in the yield? on vacation. They have been inconven- city’s Point neighborhood. It had been cut Mr. WELLSTONE. Mr. President, I ienced by the games that people have off after the Red Lake River—a tributary only yield for a question, I do not yield played with this, attaching amend- that is one half of the area’s famed forks— the floor. ments dealing with a continuing reso- turned out of its channel and started running lution. People do not know a thing overland. Mr. ASHCROFT. Will the Senator Gary Sanders, a consulting engineer who yield for a question? about continuing resolutions in Grand works for East Grand Forks, Minn., esti- Mr. WELLSTONE. I am pleased to Forks or East Grant Forks nor should mated that as many as a third of that city’s yield only for a question. they have to. homes might have to be evacuated. He and Mr. ASHCROFT. I thank the Senator They have been inconvenienced by other officials spent much of the day strug- for yielding for a question with the un- other amendments that have been put gling to stem the breaches in the city’s derstanding he retains the floor after on this bill. dikes, hoping that massive pumps might be the question is asked. I refer back to the St. Paul Pioneer able to drain the area of the city along the Both the House and Senate passed Press editorial, in which the argument river. was made that it was important to stop A sandbagging operation in East Grand the emergency supplemental appro- Forks turned into a crisis at midafternoon priations bills. Conferees have been ap- playing games. Friday, when part of a dike holding back the pointed by both of the Houses, but the Mr. President, people are not stupid. Red Lake River gave way. It sent water conferees must report out a conference People are intelligent. They know full gushing through a neighborhood just south report which must go to the House of well when they see Representatives or of the Louis A. Murray Bridge. Representatives first for passage before Senators using their pain as leverage. Dozens of emergency crews with heavy ma- ultimately the Senate gets a chance to They know what is going on. chinery rushed first to repair the breach and act on it. So, Mr. President, I again read an then to evacuate dozens of residents from Now the Senator, by expressing his editorial. Believe me, there are plenty their homes. Polk County Sheriff Douglas concern in such a lengthy way—over of editorials like this in papers in our Qualley eyeballed Murray Bridge and ex- States. pressed concern about whether it would hold. concern, obviously, for individuals for There was reason for concern. whom we have great sympathy—the Congress can’t resist political gamesman- ‘‘We had just got done shoring up on the Senator blocks the Senate from doing ship. west side of the bridge,’’ said [a volunteer]. its business even though the Senate Congress has breezed out of town, leaving Washington for a long holiday recess. De- ‘‘We went to take a break, and all of a sud- cannot act on the emergency supple- den it just started coming in.’’ spite evidence to the contrary, congressional mental appropriations bill at this point bigwigs figured satisfying their political Mr. President, that was another im- in time. egos was more important than expediting pressive thing. Not only the high Is the Senator aware of the fact that flood relief legislation that would aid, among school students, but the ways in which we are being kept from doing our busi- other backwaters, Minnesota and the Dako- all of the students—university, college, ness which is appropriate for us to do tas. vo-tech, community college students— and that it is now impossible for us to So, Mr. President, let me just be were out there volunteering. It is just act on a matter of greatest concern to crystal clear about what is going on incredible the way in which the worst him? here. I come to the floor today to focus of times can bring out the best in peo- Mr. WELLSTONE. I say to my col- on priorities. And the priority should ple. Sometimes I wish it would not league that actually the conference be simple. The priority for the House of June 3, 1997 CONGRESSIONAL RECORD — SENATE S5239 Representatives and the Senate, for the Residents dumped loads of dirt near a rail- the silent, flooded homes of his neighbors, conference committee, for our Con- road line that cuts across town, hoping to pushing a gentle wake through the black wa- gress this week, should be to pass a dis- stop the flood halfway through the city. ters that lapped against the houses. ‘‘There’s just no end to this. We haven’t aster relief bill. And I am going to But officials worried the flood would encir- cle them from the north. Efforts to sandbag gotten one break. All this water was out make it very difficult for people to around a nursing home failed after a night of there and we couldn’t do anything about it. conduct business as usual until we do effort. It was bound to come.’’ that. I think the Chair would do the Dorothy Pierce, 77, came out of her house Located where two swollen rivers—the same thing if it was Kansas. I really on the strong back of a 19-year-old National Bois de Sioux and the Otter Tail—join to do. I am sorry to speak for the Chair. I Guard trooper named Conrad Anderson, a form the Red River of the North, know he can’t speak. But I really think specialist with the Duluth-based Co. C of the Breckenridge picked a poor campsite. 434th Main Supply Battalion. Anderson Forecasters thought the Red River’s record that it doesn’t have a heck of a lot to crest of 19.18 feet at Breckenridge last week do with party. It just has a lot to do ferried Pierce from her house on Second Street through the darkness in hip-high was as high as if was going to get. But the with you just do what you can do to water to the safety of a Guard truck. river was at 19.10 and rising at midday Tues- fight the people, and this is the way for ‘‘I just moved here from Nebraska in No- day, with officials fearing it could pass 20 me to do it. vember,’’ Pierce said while sitting uncom- feet. Mr. President, since I have spoken a fortably on a canvas tarp in the back of the The first round of flooding damaged the lot about what has not happened so far truck as it made its bumpy way back to high city’s north side, as the Otter Tail River ground. ‘‘We don’t do stuff like this in Ne- overflowed. This time, it is the Bois de Sioux and what needs to happen, let me talk cascading into ‘‘South Breck,’’ as residents braska. I got here just in time for the biggest a little bit about Breckenridge. I have here call the south side of the city. blizzard I ever saw and the only flood I ever not spoken much about Breckenridge, I am going to go on, Mr. President, MN. saw.’’ Evacuated with Pierce was her son, Lon- and read just for the Chair. I have been In the dark, water lapped up the streets, nie, his wife, Debbie, and the couple’s three speaking this afternoon about a couple moving as inexorably as the hands on a young children, Jena, 8, Donald, 6, and Dil- clock. of different issues. But most of the lon, 2. The children, sitting on the floor and time I have been focusing on the need This is a piece, again, in the Pioneer clutching their mom, could be heard crying to get disaster relief to my home. I Press by Nick Coleman. in the pitch-black covered troop carrier as it again apologize to my colleagues who drove through the flood. Breckenridge was going under; the flood have not been able to bring amend- had outflanked the city’s dikes. Mama, I’m scared and I’m cold and it’s In the worst flooding so far this season, dark,’’ Jena said to Debbie Pierce. ‘‘There’s ments to the floor and to those who hundreds of homes and businesses on the nothing to be scared of,’’ Debbie Pierce reas- came and maybe didn’t want to hear south side of Breckenridge were caught by a sured her children, hugging them tight. one speaker speak all day. But this is rapidly rising second flood crest that took ‘‘We’re all safe.’’ just an impossible situation. the city off-guard and quickly became more But under a hazy half moon and in a biting I mean we have had people that have devastating than the first wave of flooding chill, Breckenridge was on red alert. been flooded out of their homes. Al- Crews of sandbaggers labored through the that hit 10 days ago. most everybody in East Grand Forks Bleary-eyed city officials, assisted by night Monday in a vain attempt to stave off bone-tired troops from the Minnesota Army the wandering Bois de Sioux River, which had to leave. We have schools and hos- National Guard, evacuated 400 residents jumped its banks and went overland, creep- pitals destroyed in towns like Ada, and Monday night and Tuesday, trying des- ing into the city from the unprotected south- people have done everything right. perately to keep the city of 3,700 from going eastern side. They have supported one another. And completely under. Everywhere, diesel engines throbbed as we are supposed to get some relief to Mr. President, I would really like to dump trucks carrying sand, flatbed trucks them. Instead, people have been play- thank the National Guard. I have not carrying as many as 50 volunteer sandbag- ing political games in the House of done that today. They have done a gers and National Guard trucks on midnight mercy missions roared up and down the Representatives. Rather than getting great job. It is incredible. streets and slogged into the rising tide. the work done, they went on vacation. So many people back in Minnesota But the situation was critical, the weather They went on recess. They didn’t even and the Dakotas have done a great job, nasty and the outcome in doubt. have the decency to provide the assist- and we have done such a miserable job ‘‘We face a real possibility of the whole ance to people. here. I am not delaying disaster relief. town going under,’’ police Chief Dennis Now we are back in conference com- My colleagues are delaying disaster re- Milbrandt told the National Guard’s Col. mittee, and people are playing games. lief. And as soon as the supplemental Gary Sigfrinius Tuesday morning as crews So I am using my leverage as a Sen- bill is ready to bring before the Senate, prepared to construct a makeshift dirt dike ator to be out here and to say we are bring it before the Senate. Believe me, along the railroad tracks that separate the city’s north and south sides. not going to have business as usual for I will not stand in its way. This is en- Nearby, three 5-ton Army trucks slowly a while, and I am going to fight for tirely in the hands of my colleagues. It splashed through cab-high waters on Fifth people in my State. That is why I am is entirely in the hands of my col- Street, carrying 41 elderly residents of a sen- out here reading about this flooding. leagues what happens. And I intend to ior citizens apartment building that was This flooding is much more severe than the be on this floor for some period of time being evacuated as water poured into the first and the potential is worse yet: to make it crystal clear that I am not first floor. Breckenridge is looking down a three-bar- going to be silent until we do the right Reaching the still-dry railroad tracks, the reled gun, with the possibility that the Red, gray-haired evacuees, clutching suitcases the Bois de Sioux and the Otter Tail may thing here. It is that simple. and wearing blankets to ward off the 30-de- I ought to add that tomorrow meet in the middle of town. gree temperatures and 7-degree wind chill, ‘‘This whole year has just sucked,’’ said evening the flood Senators will come were helped off by teen-age Guard troops. Beth Meyer, a 35-year-old hairstylist who to the floor and speak from 6 p.m. until ‘‘I never thought I’d have to be fed by the rode a National Guard truck into her flooded 6 a.m. on the need for disaster assist- Red Cross,’’ said 79-year-old Margaret Olson Seventh Street home after midnight to help ance. I will get a chance to speak at 6 as she was lifted in her wheelchair from the evaluate her 10-year-old daughter, p.m. until 9 p.m. Do you know that 3 back of an Army truck. ‘‘I’ve had three Samantha, and the family poodle, Whitney hours isn’t enough time? I mean, there strokes and colon cancer but this is some- Houston. isn’t enough time to try and make the thing very different and I’m happy to be on Meyer’s husband, Mark, and 13-year-old dry ground again.’’ case to my colleagues to do the right son, Kyle, remained behind, sandbagging and Lonnie Pierce, Breckenridge’s utility di- pumping to try to save the house. thing and please get the help to people. rector, said the rapid rise of the floodwaters In January, the roof caved in on the salon By Tuesday evening, parts of south had inundated both his family’s home and where Meyer works in Wahpeton, ND, across Breckenridge were under 5 or more feet of his mother’s home. After hours of battling the Red River from Breckenridge. For the water and the floodwaters continued to with sump pumps and sandbags to try to past three weeks, the Meyers and other swell. The water was so deep that when a 5- save their homes, the Pierces had been South Breck residents have gone without ton Army truck veered off the curb, a Na- forced to make a choice: Save the family or phone service and been forced to go to an tional Guardsman was shoulder deep in the save the house. emergency phone bank outside the Wilkin driver’s seat, craning his neck to keep his ‘‘It came in awful quick here, awful high,’’ County Courthouse, which itself was closed chin above water and reaching down to the said Pierce, 36. ‘‘Christ Almighty, we’ll lose by floodwaters Tuesday. submerged gears to drive it out. An exhaust a lot of houses,’’ he said, peering out the The National Guard has taken over the stack kept if from stalling. back of the truck as it chugged slowly past school where the Meyer children already S5240 CONGRESSIONAL RECORD — SENATE June 3, 1997 have missed four weeks due to blizzards and town, and then we are hearing about why don’t you play it in the next cou- flooding. And since the first flood crest hit the Small Business Administration ple days. Because I will tell you some- the city 10 days ago, the family has not been loans, but we can’t cash-flow loans. It thing, if not, at least on the Senate able to flush its toilets. If they needed to re- will not do us any good at all. side, whenever I have an opportunity lieve themselves, cans were required. Wearing a heavy Army jacket lent to her So all of us in a bipartisan effort got to be out here and hold the floor, I am by a trooper, Beth Meyer maintained an ex- together, and we put together a good going to do it and we are not going to asperated sense of humor about the never- disaster relief bill with about $500 mil- do a lot; we are not going to do much ending battle. lion in CDBG money for all the States else. I put the people from East Grant ‘‘We call this the Year from Hell,’’ Meyer affected. But this CDBG money was Forks right now ahead of my col- said as she gathered up her daughter in the going to give the States, Mr. President, leagues in the Senate. I just think that dark. the flexibility to get some direct grant Mayor Stauss and Mayor Owens and ‘‘We’re the South Breck Islanders. We’re money to some of the businesses, and already talking about the party we’re going other mayors have waited too long. So to have this summer, if it ever dries out. homeowners who needed it who could whatever we need to do, whatever I We’re all going to get together for an island not cash-flow any more loans. need to do as a Senator, I am going to party and we’re going to have a little rubber And that is what people are still do. pool in the middle of the street. With a sump waiting on. People do not know wheth- Mr. President, this is another piece. pump in it.’’ er or not they are part of a buyout if And there has been some really good ‘‘This is very scary stuff,’’ said Scott they are living in a floodplain. People writing because the journalists that Wermerskirchen, a 35-year-old science teach- wonder, do we leave or do we stay? If were covering this, they saw the pain. er who was helping out at a barricade Mon- we leave, are we going to have assist- day night. ‘‘I don’t want to think about what They knew what it was in personal will happen if we get an inch of rain. We ance? Is that coming? The State can- terms. They saw the courage of people. might as well write a big check and shut the not make plans to do that. The cities They saw the devastation, but they saw town down.’’ cannot make plans to do that. The just that incredible determination. Although Breckenridge was continuing the small businesses are still waiting. Peo- But for some reason here in Washing- fight, there was a palpable edge of discour- ple are getting discouraged, and people ton, DC, starting with that ‘‘leader- agement in the chilly air Monday night and are getting pretty angry. Frankly, ship’’ in the House—I say leadership in Tuesday morning, with the mood of the resi- they are probably angry at all of us. quotes; we never translate it into per- dents deflating with each increase in the They are probably angry at all of us ex- sonal terms—the leadership in the water level. ‘‘We got up this morning thinking we cept for some of my colleagues from House decided to go on vacation. It is didn’t have anything to worry about,’’ said North Dakota, who have just been out not what the majority leader of the Kirk Peterson as he navigated in a fishing here over and over again, and South Senate wanted them to do. It is not boat through the 5 feet of water in his back Dakota and some of the other States; what my colleagues here wanted them yard at 2 a.m. Tuesday. they have been speaking out. to do, but that is what they did. The floodwater was almost up to the top of But people just cannot understand That is why I am in the Chamber. his garage door and was running through the the code here. They cannot figure it And now I am reading that we may not first floor of the house where he and his wife, out. I think what people are thinking pass this this week. That is just out- Jackie, live on Second Street. ‘‘So much for finished oak floors,’’ Peter- is, look, it is simple—in fact, it is a lit- rageous. So, Mr. President, just so my son said acidly, using a flashlight to peer tle embarrassing to me because after colleagues know, I probably will maybe through the window in to his darkened we passed that disaster relief bill, I was stay in the Chamber for about another home. so excited I did what I think the Sen- 50 minutes or so, up to about 7 o’clock, Peterson, a salesman, and his wife are ator from Wyoming would do. I got on and then I think I will have had time ‘‘River Rats,’’ meaning they belong to a De- the phone and had a conference call to talk about this today, and I will partment of Natural Resources program de- with lots of the small papers in smaller come back tomorrow and figure out a signed to preserve and clean up state rivers. communities—big communities and big way of getting in the Chamber again, if With his flashlight, Peterson illuminated a sign in his flooded window: ‘‘Please Keep the papers in heart—and I said we have I can. River Clean,’’ it said. passed this; it really looks good. And By the way, Mr. President, I really Peterson and a friend, Errow Hensch, ma- then, all of a sudden, all of a sudden should also mention that—I mentioned neuvered their boat to a clothes pole in the now we have the games being played FEMA, James Lee Witt. I also wish to back yard. Monday morning, when he first and people are thinking, well, we have thank SBA, the Small Business Admin- measured the rising waters, 11 inches of the leverage on this. We want to have le- istration. What I said about some of pole were under water. By 8 p.m., 51 inches verage later on on the budget and on the businesses that are worrying about were under. And at 2 a.m. Tuesday, as his cash-flowing more loans is true. But boat bumped against passing ice chunks and the appropriations bills so we have to the strangely orange moon glittered off the have a continuing resolution. SBA, they have been on the ground. water, the tide had risen to an even 5 feet. You can do that separately. Do it on They have tried to help. The State peo- ‘‘I hate to say it, but I wonder whether this something else. Just do not play ple have been marvelous. The State of- whole city won’t really go under,’’ Peterson around with the lives of people who are fice, Jim Franklin at emergency man- said as he steered the boat to help rescue a really in a lot of pain. agement assistance, that office has neighbor, Dave Shockley. ‘‘If we were smart, Now, as I said earlier, if I cannot per- been great. Legislators have cared. The we would all have moved out in February.’’ suade people to just please back off of Governor has cared. Really, in our Mr. President, as it turns out, that for now, then get the work done States, we are just forgetting the party Breckenridge was hit hard with flood- right now and pass this bill and get it part, trying to help people. And I want ing but not totally flooded out, and to the President. The President is to just make it clear that a lot of peo- people are rebuilding and people are going to veto it. He already said he was ple deserve a lot of thanks. celebrating. Yes, they are celebrating because of the continuing resolution. So, Mr. President, I will continue to the help that they gave one another. So the President will veto it. He has to talk about this. I want to make note of And I say to the Chair, because I know do that. And then you can show that the fact that Senator DORGAN had of his own small business background the President vetoed it and maybe you come down to the floor earlier, and he and his commitment to small business, have embarrassed him, if that is what is right now tied up in a meeting on it was in Breckenridge that I really you are trying to do, and then let us the disaster conference report. They first got a feel for what the small busi- pass it clean. Let us get all the provi- are in conference, meeting on it, get- ness people were thinking about. They sions off this bill that do not have any- ting ready for it, and that is going to took me to their businesses which had thing to do with making sure that peo- be key. We are going to need Senator just been destroyed by the flooding, ple can rebuild their lives in Minnesota DORGAN’s help. But I would just say to and they said to me, look, PAUL, or and the Dakotas. members of the committee, thank you Senator, we are hearing about the Fed- That is all people are asking. So if for your commitment. The good news eral Emergency Management assist- you want to play your game, play it. I is we worked together in a bipartisan ance, and we know they can do some do not think you should, but if you way and we had something good going repair for the infrastructure in the want to play your game, play it, but and people really appreciated it and we June 3, 1997 CONGRESSIONAL RECORD — SENATE S5241 did exactly what we are supposed to do: Well, that is the situation right now. on three sides to worship in an extraordinary provide people with some relief. The only question is, where is the soul ecumenical service. The bad news is then people started of the Congress. I say to my colleague This was written by Nick Coleman. playing games, and then people decided from Missouri, where is the soul of the ‘‘Faith and the flood. It was a time of not to even finish their work and had leadership of the House of Representa- prayer, reflection and drama as Sunday the insensitivity and the gall to just go tives, who do not even get the work came to the Red River of the North.’’ home, go home. It is amazing to me done and send back a bill to us. Well, You knew it was going to be a different how some people can be so generous this time, this week there is going to kind of service when you saw Rankin line up with the suffering of others. Can you be a conference committee and they a dozen troops and march them, single file, imagine a group of legislators—and are going to do the work. I feel they into the church, reminding them to doff now, I say to my colleague from Mis- will do the work. I believe my col- their camouflage caps. This wasn’t a ho-hum souri, I am speaking specifically about leagues will spearhead that. We are Sunday go-to-meeting with everyone freshly leadership in the House—saying, oh, scrubbed and in their Sunday best. This was going to get this done. And as I said be- a battlefield prayer meeting, with the enemy well, you know, we got these disagree- fore, the best of all worlds will be, on the horizon and coming on fast. ments and we can’t get our work done. please, just keep all the extraneous po- It was a ‘‘come-as-you-are’’ service where We can’t resolve this. So they go home. litical stuff off. Let’s just pass a clean the pastor sported a week’s worth of grizzled That is being very generous with the disaster relief bill and get the money whiskers and refused to take an offering be- suffering of a whole lot of people in the out there to people, get the help out cause, he said, the people in the pews had country, including people in Min- there to people. been offering all week and giving all they nesota. Mr. President, let me just read about could give. A service in a church where peo- Well, Mr. President, we can have all ple have been sleeping in the basement and Chip Rankin. I started to talk about the congregants had mud on their boots and of these arguments about what is in him. exhaustion on their faces. Where men and the pipeline, what is not in the pipe- [He] looked tired in his National Guard fa- women wept without shame. Where some line. We heard from Mr. Raines today tigues, stood in the pulpit of the Immanuel folks had to scoot out during the sermon to from the Office of Management and Lutheran Church on Sunday, reading aloud check on the pumps keeping the waters at Budget that a lot of this, a lot of this from the Gospel of St. Luke, [this is from the bay. Where helicopters chattered overhead money is not going to get out there to Pioneer Press of April 14] recounting how the and where everyone looked at each other the communities. apostles, frightened by a storm on the Sea of when the lights flickered, it being only a I talked earlier about buyouts in con- Galilee, wake Jesus from a nap and beg him couple of days since the town got its power struction. I told you Minnesota is a to rebuke the raging waves. restored. Where the mayor read from Genesis An hour later, the 22-year-old wrestler— about ‘‘the spirit of God hovering above the cold-weather State. We have to get the waters,’’ and the police chief’s daughter work done now because come mid-Oc- Mr. President, did you hear that? Wrestler. Now we’re really talking. sang, ‘‘Yes, Jesus Loves Me.’’ And where the tober or the end of October, we are not psalm they chose for the day, Psalm 46, going to have time to do this at all. So At the University of Minnesota-Duluth praised ‘‘a river whose streams make glad one more time I would say to my col- would find himself in troubled waters. the city of God.’’ leagues, some of whom have been in- By the way, Mr. President, while I The Red River isn’t in the Bible. But it has convenienced today, I apologize, but, in am speaking about wrestling, the Uni- taken on Biblical proportions. And, for gen- all due respect, the problem of time is versity of Minnesota-Duluth had their erations, through flood and drought, blizzard and blight, the response of the people along a bigger problem for the people in Min- wrestling program shut down. It was a real shame. The title IX program is a the river, many of them the descendants of nesota and North Dakota because time devout Norwegian Lutherans, has been to is certainly not on their side. great program. I mean, as a father of a roll up their sleeves and to put their trust in Think about this. There was a piece daughter who loves athletics and is a their God. Praise the Lord and pass the sand- that I read earlier about the little girl good athlete, and having one grand- bags. Or, as they simply say in Hendrum, who just sort of had a vacant look in daughter, the idea of full participation ‘‘toss ’em.’’ her eyes and was really looking down of girls and women in athletics is right That was the tone at Immanuel Lu- and not playing like you hope and pray on the mark. But the shame of it is, in theran. . .. a child would play. We know what has a lot of these schools, in order to reach Mr. President, I notice that my col- happened. Just imagine, I say to peo- parity, what they do is go after the league from North Dakota is here. I ple, what it would be like to be com- minor men’s sports, the sports that would be pleased to yield for some pletely wiped out with a flood and no don’t have the clout. It’s a political questions, if my colleague has some longer have your home and be homeless issue, I say to my colleagues. The Uni- questions. And then, if my colleague, and then people in other towns take versity of Minnesota lost their wres- who I know has been out here over and you in. That is Minnesota. But I bet tling program. A real shame. over again and back in North Dakota, you it is every State. I love to brag Mr. President, I am not without my wants to speak, then I would at that about Minnesota, but I bet it is in biases, since I wrestled and love wres- point in time—I would then ask con- every State. The goodness of people tling. I do think it is a real shame. sent to yield. But right now let me just comes out and people take families in There has to be some way to make sure ask my colleague whether he has any and all the rest. But it is hard for fami- this doesn’t happen around the coun- questions and respond to some ques- lies because you go back, now the try. It is so unfair, gymnastics, swim- tions. Then we will see what kind of water has receded, now you have to go ming, other minor sports—who gets to unanimous-consent agreement we can back to your homes and now you have define what’s a minor sport? Baseball. get. to look at this devastation and there it Rankin and a Guard sergeant were caught Mr. ASHCROFT addressed the Chair. is before you. And you do not know in a frightening torrent of water that threat- Mr. WELLSTONE. Mr. President, I what is going to happen next. ened to wash his 21⁄2-ton troop truck off a have the floor. If you have lived in the floodplain, Norman County highway and into a forbid- Mr. ASHCROFT addressed the Chair. are you now going to move? If you ding sea of ice and water. Rankin’s truck Mr. WELLSTONE. Mr. President, I lurched and sagged, plunging into holes that haven’t, are you going to have the were rapidly forming in the crumbling high- have the floor. money to rebuild your home? And you way while a Hovercraft and men with ropes The PRESIDING OFFICER. If the are just there and you do not know stood by in case they had to attempt a des- Senator hasn’t yielded the floor, he has where you stand. And you hear that perate rescue in the icy current. the floor. the Federal Government is going to God, and the National Guard, would come Mr. WELLSTONE. I have not yielded help. through. But it was close. the floor. You better believe that over the To some, it might sound like just another Mr. President, I was getting ready to years when my colleagues have come day on the Red River of the North, this yield to my colleague. He looked like spring of record flood. But it wasn’t just an- to the floor from Missouri or from Cali- other day. It was the Lord’s day. A day when he was raising his hand to ask a ques- fornia or from Florida and they have the weary people of Hendrum—those who tion. So, if he had a question, I was said we need help, there has not even haven’t fled the flood—paused in their strug- going to yield for the question, that’s been any question in my mind. gle against the water that surrounds them all. S5242 CONGRESSIONAL RECORD — SENATE June 3, 1997 Mr. CONRAD. Yes. Understanding areas to get reimbursed. There is no Mr. WELLSTONE. Mr. President, I that I don’t have the floor, I am simply money in that pipeline. That is what is want to make clear I was not aware of asking the Senator from Minnesota happening out in the State of North the editorial and the Senator from some questions—without his yielding Dakota and the State of Minnesota and North Dakota—well, I was aware of the his right to the floor. the State of South Dakota. editorial. I can’t lie. I was aware of the Mr. ASHCROFT addressed the Chair. I ask the Senator from Minnesota if editorial. Nevertheless, I need to an- The PRESIDING OFFICER. The Sen- he is aware of the 11 reasons that were swer, but I can’t read it from here. I ator from Minnesota has the floor and given in the Grand Forks editorial for would like to respond to the question has the right to yield for a question. the passage of the disaster bill now? of the Senator. Mr. WELLSTONE. I thank the Chair. The 11 points that they make in this Mr. CONRAD. I would pose a ques- Mr. ASHCROFT. Has the Senator editorial are: tion, a point of order to the Chair. from Minnesota yielded for a question? No. 1, the need is great; 80 percent of The PRESIDING OFFICER. Does the Mr. WELLSTONE. Mr. President, I the homes in that town of 50,000 people Senator from Minnesota yield for a haven’t yielded for the question yet. I were damaged and several thousand are point of order? yield for the question. unlivable. We have thousands of people Mr. WELLSTONE. Mr. President, I The PRESIDING OFFICER. The Sen- who are homeless, don’t have a place to ask—— ator may proceed with his question. stay. We have hundreds and hundreds Mr. CONRAD. Perhaps I could ask Mr. CONRAD. The Senator from Min- of people who are still on cots 6 weeks that later and just continue my ques- nesota has been here speaking about after the disaster. tion of the Senator from Minnesota. what we confront in North Dakota and No. 2, they point out that the disas- Was the Senator aware of this edi- Minnesota and South Dakota and the ter is different from others because it torial in the Grand Forks Herald and other disaster States. I would just ask affected the entire community and the 11 reasons they gave? him if he was aware of the recent edi- there is no nearby community that can Mr. WELLSTONE. Mr. President, I torial that appeared in the Grand provide housing and other support for was aware of the editorial, but I do not Forks Herald on May 27? The bold flood victims. remember all of the reasons. And as I headline in that editorial was, ‘‘4 Days The third point they make is that go on and speak, it might help me if Since Congress Let Us Down.’’ And time is of the essence. Our construc- the Senator would be able to pose each they posed the question, ‘‘How Long tion season is short. In fact, the out- of those points as a question, and then Will It Be Before Congress Gets to door work pretty much has to be done we could talk about it as I go forward. Work and Passes the Disaster Relief by October 1 in our part of the country. I would be pleased to yield to the Bill?’’ The fourth point they make is that Senator for a question on each of those This is an editorial in the Grand hundreds of businesses need loans and points, if the Senator has a question, Forks Herald. Grand Forks is the town other forms of assistance to get rees- but only in the form of a question. that has been devastated by this re- tablished, and that those businesses Mr. CONRAD. Let me ask the Sen- markable series of disasters—first of underpin the economy in Grand Forks ator from Minnesota, very specifically, all the most severe winter in our his- and East Grand Forks. it has been reported in the press that tory, 10 feet of snow, followed by an in- Fifth, they make the point that they this does not matter, this delay, that credible ice and snowstorm in early need to make decisions about our there is money in the pipeline. And in April that knocked down the electrical homes and businesses. In order to do this editorial, they point out that it is grid for 80,000 people, which was then that, they need certainty about the re- true that FEMA is adequately funded, followed by the 500-year flood and, in sources available for disaster relief ef- but that money is for immediate disas- the midst of that, a fire that burned forts. ter relief, not for long-term rebuilding. down nearly three city blocks in the The sixth point they make is the Was the Senator aware of that point city of Grand Forks that led, this com- property, in the way of flood control, that is in this editorial? bination of events, to the evacuation of will have to be bought out. The buyout Mr. WELLSTONE. Mr. President, I virtually the entire city of 50,000 peo- money will make it possible for people am. It is a very important point. I say ple. Mr. President, 50,000 people evacu- in the way of flood control works to re- to my colleague from North Dakota ated. We have not had that happen in build their lives elsewhere in the city. that the key thing—and both efforts Mr. ASHCROFT. Mr. President, I America. That has not happened in are equally important—that people raise a point of order. It is my under- American history where a town that need the short-term relief, but people standing the Senator from Minnesota large is virtually totally evacuated. need to think about how they rebuild yielded for a question. And the neighboring town of East Mr. WELLSTONE. Mr. President, I their lives and whether they have a fu- Grand Forks, that is in Senator still have the floor, and I intend to an- ture. And that is what is so uncon- WELLSTONE’s home State, a city of swer the question of my colleague. scionable about this delay and the 9,000, similarly evacuated—completely Mr. CONRAD. The Senator from House going on vacation before getting evacuated. North Dakota is posing a question to this work done. In this editorial, I am asking Senator the Senator from Minnesota. I would say that to my colleague. WELLSTONE if he is aware of this edi- The PRESIDING OFFICER. The Sen- Mr. CONRAD. Is the Senator aware— torial, this gives ‘‘11 Reasons To Pass ator from Minnesota is entitled to one again, I am asking a question—is the Federal Disaster Bill Now.’’ warning. It is to be a question. Senator aware that in this disaster We have heard a lot of talk from Mr. WELLSTONE. Mr. President, if I supplemental is the money for housing some, ‘‘Well, it doesn’t matter that might just inquire, I intend to answer assistance through the CDBG program there has been this debate, it doesn’t the question. But the question em- that would allow the funds for the matter that they have had 12 days of bodies the eight reasons, and the Sen- buyout and relocation of homes that delay; there is money in the pipeline.’’ ator from North Dakota is going over are in the floodway? There is not money in the pipeline those, asking me if I am aware of those Mr. WELLSTONE. Mr. President, I for the Housing Department for reasons. I can’t read that chart. respond to my colleague that this is buyouts and relocations. There is no The PRESIDING OFFICER. That is also an important point. The buyout of money in that pipeline. There is no understood, but the Chair will rule the homes in the floodway is key to the money in the Agriculture Department that a statement is being made rather future for people. And the only way pipeline to give some relief to the than a question asked. this can be done is through the CDBG ranchers across the State of North Da- Mr. WELLSTONE. Fine. Mr. Presi- money that is being held up right now. kota and across the State of South Da- dent, if my colleague, then, in the form And I say to my colleague from kota that have lost over 200,000 head of of a question could summarize that? North Dakota, who knows this so well, cattle. There is no money in that pipe- The PRESIDING OFFICER. It is the that the awful thing is that so many line. And there is no money in the pipe- duty of the Senator from Minnesota to people do not know where they stand. line to allow the school districts that guard his right to the floor. That is one They do not know whether to move, have taken the kids from the disaster warning. not to move, where they are going to June 3, 1997 CONGRESSIONAL RECORD — SENATE S5243 have a home. They do not know where ment not have funds that are in the make a mistake when we go on vaca- they are going to be, where their chil- pipeline, but then in addition to that tion and do not come through for peo- dren are going to be? People have been that the Agriculture Department does ple. through enough, I would say to my col- not have funds in the pipeline, so live- I am aware of the fact that these league. stock producers in our States, who schools are now waiting for some as- Why do we want to heap more pain have lost hundreds of thousands of sistance for the extra costs that they on the people who have already been head of cattle, have been in a situation have incurred in taking in other stu- through so much pain? That is what is in which they are delayed in receiving dents and making sure those students unforgivable about this delay. That is assistance that is in this disaster sup- graduate. And so I say to my colleague, what is unforgivable about political plemental? I am aware of this, but I am glad he games. That is what is unforgivable Mr. WELLSTONE. Mr. President, I has emphasized this in the question about our failure to just get the relief am pleased that the Senator from that he has put to me. to people, to get this emergency sup- North Dakota has posed that question Mr. CONRAD. Would the Senator fur- plemental bill passed. It is an emer- to me because I have been remiss in ther yield for a question? gency. Just get the disaster relief to not focusing on livestock producers. Mr. WELLSTONE. I would be pleased the people. The importance of funding that is not to yield for a question. Mr. CONRAD. In addition to the in the pipeline has everything in the Mr. CONRAD. Is the Senator aware question of the housing not being world to do with whether our ranchers that while some have said that it just available, is the Senator aware of the and producers are going to be able to does not make a difference, these delays are inconsequential, they really fact—— get back on their feet. Mr. ASHCROFT addressed the Chair. So I say to the Senator, yes, I am do not matter, that the people that I Mr. WELLSTONE. I have the floor. aware of it. That is yet another exam- think we can turn to for the best an- The PRESIDING OFFICER. The Sen- ple of families in our States—agricul- swer as to whether these delays matter ator has a right to call the Senate to tural producers, who work so hard and are the people who are affected most directly by the disaster, the people of order. are waiting for some help. Mr. ASHCROFT. Mr. President, I ask And I say to the Senator from North Grand Forks, the people of East Grand for recognition. The Senator from Min- Dakota, earlier I quoted him because I Forks, and that they are telling us, nesota yielded the floor without yield- heard the Senator say, the question is, their elected Representatives, that ing for a question. how many more days do people have to these delays do matter, that delay in the face of disaster is a disaster in and Mr. WELLSTONE. Mr. President, I wait? How many more days do the of itself? yielded for a question. I made it crystal homeowners have to wait? How many Is the Senator receiving those same clear it was a question. The Senator more days do the small businesses have from North Dakota asked me whether I kinds of messages from his constitu- to wait? How many more days do ents as I am receiving from mine with was aware. ranchers, livestock producers have to The PRESIDING OFFICER. The Sen- respect to how significant these delays wait? So I am aware of that. are? ator has a right to yield for a question. Mr. CONRAD. Will the Senator yield Mr. WELLSTONE. That is what I Mr. WELLSTONE. Well, Mr. Presi- for a further question? dent, the Senator from North Dakota have done. And I have the floor. Mr. WELLSTONE. I will be pleased The PRESIDING OFFICER. The Sen- raises a very important question that I to yield for a question from the Sen- ator does not have the right to solicit will respond to. And the question that ator from North Dakota. he raises has to do with the effect of a question. Mr. CONRAD. Is the Senator also Mr. WELLSTONE. I say to my col- the delay both in a material sense in aware in the Grand Forks editorial, the league from North Dakota, if my col- terms of economic resources but also in 11 reasons they give for passing the league has a question, we will put it in almost as serious a way, the way in Federal disaster bill now, they point the form of a question. which it erodes people’s—it is per- out that not only the Housing Depart- Mr. President, I will, in any case, sonal— People need some certainty. ment does not have funds, those funds just to save my colleague from Mis- People need to be able to plan for the are not in the pipeline, the Agriculture souri some frustration—I am going to future. People need to get through this. Department does not have funds to ad- yield the floor in just a moment. I am This is a very difficult time. And our dress this disaster, those funds are not going to finish up. I am going to re- failure to act does not give people that in the pipeline, and in addition to that, spond to some questions that my col- confidence, does not give people that the school districts that have taken league from North Dakota has put to support. Moreover, I say to all my col- the children from the disaster areas, me. And I will yield to questions from leagues, in responding to the question they do not have funds in the pipeline, the Senator from North Dakota only from the Senator from North Dakota, and so those school districts that have for questions, but I intend to finish in the failure to act, the failure to get taken on substantial additional costs just a few moments, I say to my col- help to people, the playing of political are also being delayed in being com- league. I will be yielding the floor in games, has done an awful lot of harm. pensated even though they have taken about 5 minutes or so. It has soured people and eroded peo- I will yield for a question. children from the disaster areas? ple’s confidence. That is a terrible mis- Mr. CONRAD. I think it has been Mr. WELLSTONE. Mr. President, I take. made abundantly clear the Senator is want to respond to the questions be- Mr. President, I say to my colleague yielding to me for a question, not cause this is exactly what is going on. from North Dakota that I am about yielding his right to the floor. The Senator is raising these questions, ready to yield the floor in any case. The question I would pose is—— and I am responding. And I thank my Mr. CONRAD. Would the Senator The PRESIDING OFFICER. The dis- colleague from North Dakota, Senator yield for a final question? tinction here is whether the Senator CONRAD, because this is again another Mr. WELLSTONE. I will yield for a has the right to solicit questions or area that I really did not speak about final question. whether the Senator has to ask to and I should have. Mr. CONRAD. The Senator from Min- yield for a question. It has been wonderful to see different nesota perhaps is aware that tomorrow Mr. WELLSTONE. I thank the Chair. school districts, a neighboring school a group will be coming from Grand Mr. President, I will keep speaking. district taking students and making Forks and East Grand Forks, a delega- Mr. CONRAD. I ask the Senator from sure they do not have to drop out of tion of community leaders and business Minnesota to yield for the purposes of school, making sure they can graduate. leaders. I think, perhaps the mayor of my posing a question to him. That has been happening in Minnesota East Grand Forks is coming. I ask the Mr. WELLSTONE. Mr. President, I and North Dakota. That is the good- Senator from Minnesota if he is aware yield for a question from the Senator ness in people. of that? from North Dakota. I do not see much goodness in this Mr. WELLSTONE. Yes. Mr. CONRAD. Is the Senator aware Congress right now. I do not see much Mr. CONRAD. The message, as I un- that not only does the Housing Depart- goodness in the House. I think we derstand it, is that they want to send a S5244 CONGRESSIONAL RECORD — SENATE June 3, 1997 clear and unmistakable signal to the we made sure that it was a workable workers have been authorized a very Congress and to the country that the system. For years, we inspected the substantial comptime proposal and the time to act is now. system, and it was extended to more boardroom folks have comptime pro- Mr. WELLSTONE. Mr. President, I and more workers. posals and the supervisors and man- am aware of the fact, and I will answer In 1985, in the Federal system we agers and all the salary people obvi- this question, I am painfully aware of made it available to Departments gen- ously have flexible working arrange- the fact, as a Senator from Minnesota, erally if they thought they could use ments, it is the hourly-paid workers of that the mayors from Grand Forks, those procedures wisely and if that America who are being treated as sec- ND, and East Grand Forks, MN, and would be helpful to people in balancing ond-class citizens. Frankly, they are in maybe some other mayors will be here the needs of their families with the a minority. The majority of workers in tomorrow to say to the Congress, the needs of the workplace. this country have flexible working ar- time to act is now. And that is what I The major components are these. rangements. Hourly paid workers do have tried to do today on the floor of When you work overtime, instead of not. the Senate, to say that as well. being paid for overtime, you might I think it is time that the hourly That is what the Senator from North want to take time off with pay later on paid workers have that kind of oppor- Dakota has said today and has been so that you could make up some of the tunity. That is what Senate bill 4 is all saying for a good, long period of time. lost time you have with your family. about. I do agree that it is important Mr. President, I hope that by holding Most Americans do not realize it is for us to act with expedition on the the floor for a while this afternoon illegal now for an employer outside of supplemental appropriations bill but, that in a small but hopefully signifi- the Federal Government to offer an in my judgment, it is also important cant way I have been able to speak for hourly paid worker time off with pay for us when we have the opportunity and to fight for and to help people in instead of paying the normal overtime like we should have had today, espe- my State. pay. Now, it is, I think, an unjust situ- cially while this appropriations matter Mr. President, I yield the floor. ation where Government workers have is still in the conference committee, to Mr. ASHCROFT addressed the Chair. a series of benefits that the private make progress on meeting the needs of The PRESIDING OFFICER. The Sen- workers do not have. Similarly, Gov- Americans, especially when we are ator from Missouri. ernment workers, if they know they talking about benefits that Govern- Mr. ASHCROFT. Thank you, Mr. will be needing some time for their ment workers have been enjoying in President. families can request to work an hour the 1970’s, 1980’s, and all through the I appreciate the opportunity to re- extra one week and take that hour off 1990’s now. It is time we give the same turn to Senate bill 4. Senate bill 4, as the next week so they can spend the kind of opportunity to workers in the you well know, is the Family Friendly necessary time with their families. private sector. It is with that in mind Workplace Act. It was to have been the Now, there are ways that private that I say that I look forward to the business of the Senate this afternoon. workers have the capacity to spend opportunity of welcoming amendments And I do understand the frustration of time with their families, and it is and proposed improvements to Senate the individuals from the flood-ravaged under a rubric known as the Family bill 4. States who have been victims of flood- and Medical Leave Act, and that is a Now, several hours were spent today ing and all. But I find it very difficult Federal law, but it says that under cer- in criticism of our proposal, but the to understand why, especially when a tain narrow conditions if you want to fact of the matter is none of the conference report is being worked on, take time off you can take time off but amendments that have been filed have we have to insist that the Senate cease you have to take time off without pay, been filed by those who have been criti- serving the Nation while the con- so if you want your child to go to the cizing the bill. If, indeed, they want to ference committee serves the people of doctor or you want to take your child do something constructively to help the flood-ravaged areas. It seems to me to the doctor you can give notice to workers, I invite Members of the oppo- that while we can do both, it would be your employer that you are going to do sition to bring their amendments to in our best interest so to do. that but you take a pay cut in order to the floor and to make their amend- And so with all respect to my col- do that. ments available so they can be filed, so leagues who have sought to galvanize Now, if you knew you had a doctors’ we can vote on those amendments, so the public attention on the need to act appointment next Tuesday afternoon we can take action on them, so we can here, I want to commend the members and you wanted to tell your employer make the improvements. We will up- of the conference committee who are you would like to work an extra 2 grade what we really need to do to help working to do exactly what they are hours this week to take the 2 hours off the citizens of America who do not being called upon to do to provide an next Tuesday, that is the Federal sys- have this privilege. opportunity for relief in those areas. tem, available to Federal employees. It is my understanding that the occu- The Family Friendly Workplace Act You work the 2 hours extra this week, pant of the Chair might be interested is a way that we can help all Ameri- you get your work done, make the ar- in making some remarks on Senate bill cans. We can help all Americans to bal- rangements, take the hours off next 4. I ask unanimous consent after a ance the tension that exists between week and you do not end up with a pay quorum call which I will put in place the workplace and the home place. We cut but keep your paycheck intact. that the occupant of the Chair be rec- can help Americans who find that both That is very important. ognized to make the remarks, and the parents are having to work in two-par- I should hasten to add that nothing conclusion of those remarks be fol- ent families. We can make sure that in this bill would in any way erode, un- lowed by another quorum call, at they have the capacity to spend the dermine or abolish any of the Family which time I be recognized again to fin- necessary time with their children that and Medical Leave provisions which ish my remarks. they need to spend. are to the benefit of employees across The PRESIDING OFFICER. Without So, Mr. President, I think it is impor- America, but in conjunction with those objection, it is so ordered. tant that we get on with the business benefits this would add a new array of Mr. ASHCROFT. Mr. President, I of trying to provide to hourly-paid potentials. One of the potentials is that suggest the absence of a quorum. workers in this country the same kind you could take time off to be with your The PRESIDING OFFICER. The of flexible working arrangements family when necessary, with pay, in- clerk will call the roll. which have been available to others for stead of having to go under the Family Mr. ENZI. Mr. President, I ask unani- quite some extended period of time. and Medical Leave Act procedures mous consent that the order for the As a matter of fact, in 1978, we began which require that you take the time quorum call be rescinded. according flextime benefits to workers off without pay. The PRESIDING OFFICER (Mr. in the Federal Government system. It Now, most of us are familiar with the ASHCROFT). Without objection, it is so was done on a pilot project basis so fact that not only do Federal Govern- ordered. that we could make sure we did not of- ment workers have comptime and flex- Mr. ENZI. Mr. President, I rise today fend the rights of individuals and that time proposals and State government to again voice my strong support for S. June 3, 1997 CONGRESSIONAL RECORD — SENATE S5245 4, the Family Friendly Workplace Act. For 19 years the Unicover Corp. has comptime so that they can still have I have listened to several of my col- asked Congress to pass a bill that the time off, the revenue still comes leagues speak about this important and would give them the same right as the into the business. necessary legislation. I want to espe- Federal employees—not a different More importantly, the paycheck cially commend Senator DEWINE for right, the same right. The same right comes to the individual. They want his steady work in the Labor Commit- for flextime, the same right for flextime. They talked to her about tee and for Senator ASHCROFT for the comptime. They are not asking for a flextime. Marjorie wanted them to many hours he has spent working on special break that nobody else gets. have flextime. She allowed flextime, this bill. They are just asking for an even break. and then found out that she couldn’t I comment that today we have heard Well, they found out they were in vio- have flextime, that she couldn’t have several speeches dealing with S. 4. We lation of the law and they had to end comptime, that she could not offer this have heard several speeches that did it. They have been working on it for a benefit to the people that worked for not deal with S. 4. The other speeches number of years to try and get it her. Jackson has some Federal employ- dealt with a very important topic, too. changed. I heard about it when I was ees. Those Federal employees get this. They dealt with the disaster funding, campaigning and I said I do not know But these guys that weld can’t have it but that was actually a filibuster why we do not have that, and now I not because the business doesn’t want against this bill. It was a request by have a better idea why we do not have to give it to them, but because we have certain people in this body that S. 4 that. a law against it. And that is not fair. not be adopted. They do not want peo- Today, the Small Business Advocate I have listened to the debate as we ple to have that kind of flexibility. It Award luncheon was held here in Wash- have gone through this topic. I am a was a plea to do disaster relief, but it ington, DC, over in the Dirksen Build- certified professional in human re- was directed to keep this bill from ever ing. I had the opportunity to attend, sources. The Society of Human Re- coming to a vote. and I got to meet the Wyoming Small source Management, a national soci- Disaster is on the mind of everyone Business Person of the Year, and there ety, does education and testing in all of that is affected. One of the things I were small business people from all the areas of human resource manage- have discovered in my years in the leg- over the United States there, being rec- ment. When you complete the course islature and since I have been here is ognized for the leadership that they and the testing, you can be certified as that the disaster is in the mind of the have taken in their company, in their a professional in human resources. I one who is affected as well. Everybody State, to make a difference. have been through that process. They has different kinds of disasters. The Marjorie Mathieson of Jackson is the do an outstanding job of keeping track disaster that was talked about for a Wyoming Small Business Person of the of the problems in the workplace. long time tonight is being handled in year, and I am very proud of her. That These are, for the most part, employ- the conference committee right now. is one of the few manufacturing busi- ees. I am not talking about employers. There is another disaster in America nesses in Jackson and it has been there They are employees, employees who that is being kept from being debated a long time. They have gone through a want benefits as well. And they see this in this body, that is kept from being number of different phases to keep cur- as being a critical issue for the hourly passed in this body, that a vast number rent products that will sell to keep worker in the workplace, a way for of people in this country need. It is a that small business in business. that worker to have more capability in disaster that is happening to them. She talked to me a little bit about their own scheduling. There are people out there that need the Family Medical Leave Act. Some Everybody recognizes that this bill more flextime and comptime to be able people have suggested that is an an- has provisions in it that both the em- to spend time with their families. ployer and the employee have to agree swer for all of the problems of meeting Some of those people are married to to before it can be done. It isn’t the flexibility. Well, it is not. And it Federal employees. That Federal em- case of forcing the employee to do it. It should not be expanded to be the an- ployee is able to take that flextime and isn’t the case of forcing the employer swer to all of those either, because it is the other spouse is saying, why can’t I? to do it. I am telling you, there are a paperwork nightmare, particularly In fact, in the early days when this businesses across this Nation that want for smaller businesses. Now, that is bill passed that allows the Federal em- this and want it badly. And it is usu- limited to businesses over 50 employ- ployee to do just exactly what we are ally the employees that bring the idea ees. There has been a request to bring talking about for the private hourly to the employer and say, ‘‘Why can’t that down to a smaller number. What employees, the discriminated-against we do this?’’ You know, they just do group, the private hourly employees, we need is this Family Friendly Work- not believe that, since they know that when we allowed Federal employees to place Act that will provide the same the Federal employees get to do it. do it we should have included the pri- kinds of benefits that we are talking They just do not believe the employer vate sector at that time. We should about, bringing in the more com- when he says it is against the law. have given them the same right that plicated system, and bringing it down One of the biggest things raised in the Federal employees had. to a smaller level where they cannot the hearing that we had was, ‘‘Well, I know that in Cheyenne, WY, at the handle the paperwork. you can be paid for your hours anyway. Unicover Corp., some of the people that A part of that business that the Wyo- Then you can save that money from worked in that corporation were hired ming Small Business Person of the being paid for your hours, and when by the Federal Government. They got Year runs is welding. They have five somebody gets sick, if there is a soccer flextime and they got comptime. I welders. Those welders make $40 an match, if you want to go someplace, or want to emphasize they got flextime hour. Not bad. Five welders, $40 an if you want to have an anniversary, or and comptime, both of the advantages hour. They want flextime and any of those great things that people that are being talked about in this bill. comptime. The business needs them to would like to have time off to do, then Not just one, like is being implied, take flextime or comptime or both, and you can use this money that you save.’’ both of those advantages were given to the reason they need them to take that I ask you, how easy is it for you to the Federal employee. is because they have work that has to save? It is pretty difficult. A lot of the Their spouses said this is really a be done. They have five welders. If one people out there in the work force that great idea. We should take it to our of the welders is to leave without doing we are talking about are women. They boss and get it implemented, and they some kind of a flex in the schedule, have gotten into the workplace because took it to the Unicover Corp., they they lose 20 percent of their welding in- of some of the things that we have took it to the management and the come. That is a significant portion of done back here. They have gotten into management said, you know, that real- their business. That person loses $40 an the workplace because of the way that ly is a great idea. We should do it, and hour. They do not want to lose $40 an taxes have gone up in the United they did it. Then they found out that hour. For overtime, they lose $60 an States, the way that inflation has gone they were in violation of the law. The hour. They do not want to lose that. up in the United States. Federal employees could do it, the pri- But the business can make arrange- We have a situation now where in vate hourly employees could not. ments for them to get flextime and most families both people work. One of S5246 CONGRESSIONAL RECORD — SENATE June 3, 1997 them works to pay the expenses, the It is important to illustrate how has the financial and the employer re- other one works to pay the taxes. times have changed since the 1930’s and sources to institute very sophisticated So it is not an option on whether why it is the responsibility of Congress job training and flexibility problems they work or not. We asked a lot of to legislate for the present with the fu- that sidestep the Fair Labor Standards women through the process in this ture in mind. As a certified profes- Act of 1938. And that is being done now. thing why they didn’t just bank the sional in human resources, I have had There are ways, very complicated money and then use that money when the exhausting and daunting task of ways. But if you can afford the attor- they needed time off. And every one of filling out the federally mandated ney fees and have the specialists, you them said to me, ‘‘When it is time that forms and paperwork. I have worked can provide this for some of your em- I am banking, it is mine. I can use it one-on-one with my employees to try ployees—not all of them. But this bill for my family. But if I accept that pay- to meet their needs. Through it all, I will allow the small business person to check, if I take the money, that is the have always found my employees to be have the big business advantage, that family’s money. It has to go for all of well schooled and extremely intuitive. extra flexibility. those family expenses. And there are As a result, they inherently understand Sadly enough, small businesses are always family expenses.’’ how the modern workplace functions. further behind under the flexibility of But another unique part about this And the smaller the business, the bet- this 60-year-old antiquated law. That is bill is that you can bank the hours and ter they understand how it works, the a further reason for passing the Family you can take the money. I don’t know more connected they are to realizing Friendly Workplace Act. Personal com- very many families in this country that the success of that business and puters, high-speed modems, cellular that do not come up with emergencies the time they spend there means their phones, pagers, and fax machines have once in a while. If you have hours job and the way they work there means all become commonplace in small busi- banked, there is a provision in this bill their job. They don’t need someone to ness. Moreover, these popular commod- to be able to cash it in. So when the re- hold their hand and show them the way ities have paved the way for tele- frigerator breaks down and you don’t things work. That might have been the communicating, telecommuting—a have any alternative but to buy an- case 60 years ago. work environment that could not have other refrigerator, even though it I certainly don’t view employee been envisioned 60 years ago. means putting off that vacation that knowledge as a problem, but rather While the number of working women you had planned, you can take some of welcome it as an important addition to in our country continues to rise, so the hours you have banked and cash it the mix. Employers have every reason does the number of telecommuters and in. to reward employees who clearly un- in-home businesses. A lot of businesses So they see this as a way to bank derstand how to use their time in the are being started in the home. Then money for emergencies and to have workplace to its full advantages. Amer- when they expand bigger than the time for themselves, time for them- ica’s working parents want to decide home can handle, they become an out- selves that they invest in their family. for themselves whether or not they side business. But there are a lot of They really want to go to the soccer want overtime or paid time off. This is them working in the home that will be match. They really have to go some- a modern day reality that requires a the future successes in this country. It times to take their kids to the dentist. modern day legislative fix. This act will be the future opportunity for peo- They like to celebrate those anniver- does not eliminate overtime pay, nor ple who want the American dream. saries. And this is a bill that allows it. does it eliminate the 40-hour work- They will start a small business in The biggest complaint that I have week. That kind of talk is simply non- their home. It is happening because of heard about this bill is that there is a sense. These things will stay just the growing trend of spending more cap on the number of hours that they where they are, and the Family Friend- time at home with our families. If they can have, a limit. And they say, ‘‘Why ly Workplace Act guarantees that. telecommute, they don’t have to spend do you have a limit on that—240 hours? Before coming to the Senate I was an hour each way driving. Maybe my boss wants me to be able to the owner and operator of a small busi- That is part of the flexibility. That is bank more hours and maybe I have a ness for 27 years. Folks in Washington, something that the modern age has bigger event than 240 hours.’’ of course, have a completely different provided us. It is impossible to bottle So that is a complaint on it. We are sense of what constitutes the small in up workplace flexibility. But we have not even proposing that be changed. small business. I have had several dis- an antiquated law that is suggesting But we are asking for some consider- cussions back here about whether a that we can. That is why it is so impor- ation of the bill. small business is 500 employees or 125 tant to modernize this archaic Federal The American workplace is dramati- employees. I can tell you that is not law that squelches any chance of giv- cally different than it was 60 years ago even close anywhere in America. A ing American hourly workers more when Congress passed the Fair Labor small businessman is one who sweeps time at home with their kids, a true in- Standards Act of 1938. We have all the sidewalk and cleans the toilets and vestment in our Nation’s future. heard the stories about the dirty thir- waits on customers. He does it all. He Congress must legislate with the ties from our parents. So I don’t have has to do it all. times to provide the opportunities for to repeat them here. We held a small business hearing in our Nation’s parents to make that in- I will, however, illustrate how nice it Casper, WY, early this year. I was real vestment. It is often the case with a lot was for Congress to pass that Fair pleased to have the honor of chairing of families that both parents work. Labor Standards Act to specifically ad- that in Casper. We had about 75 to 100 They do this, and they do it happily be- dress the numerous problems that ex- people show up for that, rotating out cause they have to meet the bills. They isted back then. Cheap labor was abun- and others rotating through. When it also do it because they cannot get dant. Folks were awfully hungry for was over, one of the news media people extra hours off from the job the way work. And there were many employers said to me, ‘‘How come you didn’t have they would really prefer to do it unless who took advantage of a bad economic a better turnout?’’ I said, ‘‘That was a they work for another business as well. situation. The 40-hour workweek did great turnout for a daytime hearing.’’ If they work two jobs, they don’t get not exist. Overtime did not exist. Child Because we are talking about small any overtime. But a lot of them work labor was being exploited. There were businessmen. Quite frankly, they are two places. They don’t get comptime. some problems that stemmed from the different than big business because in They don’t get flextime. They don’t get trends of that era. small business, if they had one person overtime. Under the circumstances, Congress that could take off for that day to just This unfortunate trend in the busi- acted, and acted appropriately, by listen to a hearing, they would prob- ness world can be addressed by provid- passing the Fair Labor Standards Act. ably fire them because it would be one ing this workplace flexibility with the We are never going back to that. There too many people. That is small busi- choice of paid time off for flextime. is no suggestion of ever going back to ness. Times have changed and the Fair that. But there is fine tuning that So that illustration is radically dif- Labor Standards Act of 1938 does not needs to be done. ferent from that of a big business that permit employees to choose between June 3, 1997 CONGRESSIONAL RECORD — SENATE S5247 paid time off or overtime pay. My expe- my colleagues to support the Family AMENDMENT NO. 256 rience is that there are a lot of people Friendly Workplace Act. Bring this to At the end of the substitute amendment, out there who know that if they take a vote. Give the hourly working people add the following: the money, they will spend the money. of this country the opportunity to SEC 4. APPLICATION OF LAWS TO LEGISLATIVE They want the time instead. I also choose how they want to work, the way BRANCH. found that fact to be more prevalent that they want to choose to help their (a) DEFINITIONS.—In this section, the terms among women in the work force. They families. ‘‘Board’’, ‘‘covered employee’’, and ‘‘employ- feel the need for the time to spend with ing office’’ have the meanings given the I thank the Chair. I suggest the ab- terms in sections 101 and 203 of Public Law their children, and they understand sence of a quorum. 104–1. that money belongs to the family. The PRESIDING OFFICER. The (b) BIWEEKLY WORK PROGRAMS; FLEXIBLE They have a much stronger family be- clerk will call the roll. CREDIT HOUR PROGRAMS; EXEMPTIONS.— lief than most of the men I have The assistant legislative clerk pro- (1) IN GENERAL.—The rights and protec- worked with. So they prefer to take ceeded to call the roll. tions established by sections 13(m) and 13A flextime or comptime and use that for Mr. ASHCROFT. Mr. President, I ask of the Fair Labor Standards Act of 1938, as added by section 3, shall apply to covered themselves or their family. unanimous consent that the order for One of the businesses I worked for employees. the quorum call be rescinded. often had additional assignments that (2) REMEDY.—The remedy for a violation of employees could take on, if they chose The PRESIDING OFFICER (Mr. paragraph (1) shall be such remedy, including liquidated damages, as would be appropriate to do so. When we asked if the employ- ENZI). Without objection, it is so or- dered. if awarded under section 16(b) of the Fair ees wanted additional work, they said Labor Standards Act of 1938 (29 U.S.C. 216(b)), AMENDMENT NO. 265, AS MODIFIED AND ‘‘yes,’’ if they could have time off the and (in the case of a violation concerning AMENDMENT NO. 256, AS MODIFIED following week with compensation, but section 13A(d) of such Act, section 16(g)(1) of if they could only choose to be paid, Mr. ASHCROFT. Mr. President, I ask such Act (29 U.S.C. 216(g)1)). they didn’t need it. They would rather unanimous consent that the Gorton (3) ADMINISTRATION.—The Office of Compli- have the time off this week than to amendment, amendment No. 265, be ance shall exercise the same authorities and take the money next week. We ex- modified with the changes that I now perform the same duties with respect to the plained to them that they had the ca- send to the desk. And I further ask rights and protections described in para- graph (1) as the Office exercises and performs pability of taking the overtime pay, unanimous consent that the Grassley amendment, amendment No. 256, be under title III of Public Law 104–1 with re- not working the following week, and spect to the rights and protections described spending that extra pay that week. But modified as well with the changes that in section 203 of such law. somehow those paychecks don’t get I send to the desk. (4) PROCEDURES.—Title IV and section 225 distributed at home quite the same The PRESIDING OFFICER. Without of Public Law 104–1 shall apply with respect way they do on paper or here. objection, it is so ordered. to violations of paragraph (1). I am hoping that everyone will re- The amendments, as modified, are as (5) REGULATIONS.— flect a bit on the trends that our mod- follows: (A) IN GENERAL.—The Board shall, pursu- ant to section 304 of Public Law 104–1, issue ern work force is talking about and not AMENDMENT NO. 265 the mandatory things that seem to be regulations to implement this subsection. Beginning on page 10, strike line 7 and all (B) AGENCY REGULATIONS.—The regulations implied by this legislation imposed that follows through page 10, line 16 and in- issued under subparagraph (A) shall be the upon us. The downsizing problems sert the following: ‘‘time; respectively, by same as substantive regulations promulgated today are leading to less flexibility as subsection (o)(8).’’. by the Secretary of Labor to implement the well as families making less money (4) APPLICATION OF THE COERCION AND REM- statutory provisions referred to in paragraph than if they were doing the job they EDIES PROVISIONS TO PUBLIC SAFETY EMPLOY- (1) except insofar as the Board may deter- preferred to do, not the second jobs EES OF STATE AGENCIES.—Section 7(o) of the mine, for good cause shown and stated to- they are having to do without getting Fair Labor Standards Act of 1938 (29 U.S.C. gether with the regulation, that a modifica- overtime because it is a second job. 207(o)) is amended— tion of the regulations would be more effec- (A) in paragraph (7), by striking ‘‘(7) For’’ tive for the implementation of the rights and There has been a tremendous increase and inserting ‘‘(8) For’’; and protections under this subsection. in temporary positions in this country. (B) by inserting after paragraph (6), the (c) COMPENSATORY TIME OFF.— This has taken flexibility away from following: (1) REGULATIONS.—The Board shall, pursu- the families. It has taken money away ‘‘(7)(A) In a case in which an employee de- ant to paragraphs (1) and (2) of section 203(c), from the families. This a modern day scribed in paragraph (1) is engaged in work and section 304, of Public Law 104–1, issue problem that requires a modern day so- in a public safety activity, the provisions regulations to implement section 203 of such lution. under subsection (r)(6)(A) shall apply to the law with respect to section 7(r) of the Fair This matter cannot possibly be ad- employee and the public agency employer, as Labor Standards Act of 1938 (29 U.S.C. 207(r)), dressed by legislation that we have described in paragraph (1), of the employee as added by section 3(a). crafted to address the problems of the to the same extent the provisions apply to (2) REMEDY.—The remedy for a violation of an employee and employer described in sub- section 203(a) of Public Law 104–1 shall be 1930s. We have taken care of those section (r)(2)(B). such remedy, including liquidated damages, problems. We are not going back to ‘‘(B)(i) Except as provided in clause (ii), as would be appropriate if awarded under that situation. But we need to adjust the remedies under section 16(f) shall be section 16(b) of the Fair Labor Standards Act for the future. Indeed, our society is made available to a public safety employee of 1938 (29 U.S.C. 216(b)), and (in the case of constantly driven by changing trends. I described in subparagraph (A) to the same a violation concerning section 7(r)(6)(A) of can comfortably argue that our society extent the remedies are made available to an such Act (29 U.S.C. 207(r)(6)(A))), section is one of the most trendy in the world, employee described in subsection (r)(2)(B). 16(f)(1) of such Act (29 U.S.C. 216(f)(1)). a fact that has kept America on the ‘‘(ii) In calculating the amount a public (3) EFFECTIVE DATE.—Subsection (a)(3), and leading edge of technological innova- agency employer described in subparagraph paragraphs (3) and (4) of subsection (c), of (A) would be liable for under section 16(f) to section 203 of Public Law 104–1 cease to be ef- tion. We have been at the peak in tech- a public safety employee described in such fective on the date of enactment of this Act. nology and at the tail in taking care of subparagraph, the Secretary shall, in lieu of (d) RULES OF APPLICATION.—For purposes the hourly worker. applying the rate of compensation in the for- of the application under this section of sec- I hope that before people begin mak- mula described in section 16(f), apply the tions 7(r) and 13A of the Fair Labor Stand- ing up their minds on this bill, they rate of compensation described in paragraph ards Act of 1938 to covered employees of an will take a close look at the language (3)(B).’’. employing office, a reference in such sec- and what it really calls for rather than (5) NOTICE TO EMPLOYEES.—Not later than tions— relying on misstatements, and I see 30 days after the date of enactment of this (1) to a statement of an employee that is those misstatements in the paper from Act, the Secretary of Labor shall revise the made, kept, and preserved in accordance time to time, misleading statistics, materials the Secretary provides, under reg- with section 11(c) of such Act shall be consid- ulations contained in section 516.4 of title 29, ered to be a reference to a statement that is partisan posturing. Read the bill. Ask Code of Federal Regulations, to employers made, kept in the records of the employing for a copy of the bill. Read the bill. It for purposes of a notice explaining the Fair office, and preserved until 1 year after the is amazing. Labor Standards Act of 1938 to employees so last day on which— Our Nation’s work force is calling for that the notice reflects the amendments (A) the employing office has a policy offer- this much-needed change. I again urge made to the Act by this subsection. ing compensatory time off, a biweekly work S5248 CONGRESSIONAL RECORD — SENATE June 3, 1997 program, or a flexible credit hour program in First, agencies must begin issuing cause-and-effect correlation before tak- effect under section 7(r) or 13A of such Act, regulations based on sound science. ing action. as appropriate; and This means one thing—that any Fed- I am committed to enacting regu- (B) the employee is subject to an agree- eral regulation issued must be justified latory reform in the 105th Congress. I ment described in section 7(r)(3) of such Act or subsection (b)(2)(A) or (c)(2)(A) of section by solid science. This principle sounds welcome the input and support of my 13A of such Act, as appropriate; and very simple, but many agencies have fellow Senators. (2) to section 9(a) of the National Labor become obsessed with the power to reg- f Relations Act (29 U.S.C. 159(a)) shall be con- ulate, forgetting that there must be AMERICAN AUTOMOBILE sidered to be a reference to subchapter II of sound scientific reasoning behind their ASSOCIATION LIFESAVING MEDAL chapter 71 of title 5, United States code. action. (e) EFFECTIVE DATE.— The time has come to raise the level Mr. LOTT. Mr. President, I am proud (1) IN GENERAL.—This section shall take ef- of debate. No longer can agencies be al- to announce to the Senate today the fect, with respect to the application of sec- lowed to dream up and order a regula- names of the four youngsters who are tion 7(r), 13(m), or 13A of the Fair Labor recipients of the 1997 American Auto- Standards Act of 1938 to covered employees, tion without genuine oversight or on the earlier of— input from the outside scientific world. mobile Association Lifesaving Medal. (A) the effective date of regulations pro- I know that the more informed Con- This is the highest award given to mulgated by the Secretary of Labor to im- gress is about an issue, the better pub- members of school safety patrols plement such section; and lic policy decision we will make. The throughout the United States. It is pre- (B) the effective date of regulations issued same should be true of regulatory sented annually to students, who, by the Board as described in subsection (b)(5) agencies. With so many experts in the while on duty took heroic lifesaving or (c)(1) to implement such section. academic, Federal and private sectors, actions to save the life of a fellow stu- (2) CONSTRUCTION.—A regulation promul- dent from imminent danger. gated by the Secretary of Labor to imple- it is a shame to limit the scope of de- ment section 7(r), 13(m), or 13A of such Act bate to one elite group of scientists. I I would like to briefly describe the shall be considered to be the most relevant have heard some agencies claim that heroic actions of these four young citi- substantive executive agency regulation pro- their rulemakings are indeed reviewed zens. mulgated to implement such section, for pur- by outside experts, but a closer look re- The first two honorees hail from the poses of carrying out section 411 of Public veals that these objective scientists are State of Ohio. On February 28, 1997, Law 104–1. not completely independent. I do not Leawood Elementary School Safety f think it unreasonable to ask that there Patrol Captain Surmel D. Cummings and Patrol Edwin H. Berry were assist- MORNING BUSINESS be some consensus among truly inde- pendent outside scientific experts as to ing students on their way home. (During today’s session of the Sen- the proper course of action before issu- Surmel noticed a 6-year-old boy and his ate, the following morning business ing a rulemaking. 8-year-old cousin walking close to the was transacted.) The bottom line is that, to effec- westbound on-ramp for I–70. f tively regulate, agencies should not The cousin was trying to prevent the issue rules based on anything but hon- 6-year-old from climbing over the BAD SCIENCE AND BAD POLITICS: guardrail next to the on-ramp. Surmel THE NEED FOR REGULATORY est, peer-reviewed science. Period. Second, agencies must learn to cor- ran over to the two boys and tried to REFORM rectly assess risk. Beginning with hold the 6-year-old. The boy began hit- Mr. LOTT. Mr. President, these days, sound science, agencies should look at ting and kicking Surmel. Edwin ran to just about every aspect of our daily ex- the real world risks of a situation, rec- help his partner. The 6-year-old broke istence is regulated in some way by the ognizing that not every risk is avoid- loose from Surmel and scrambled over Government. And in most instances, it able. Sometimes I think that these the guardrail. He was now confronted makes sense because we must protect agencies are on a mission to create a by the fast-moving cars on the on- human health and the environment. We 100 percent risk-free, accident-free— ramp. Surmel told Edwin to try to get would all agree that food and drugs possibly industry-free—world. They the 6-year-old back across the guard- should be inspected, work conditions also need to acknowledge that all risks rail while he returned to the school to should be considered and safety meas- are relative. Regulating small risks get help. ures must be enacted. can have adverse side effects, resulting When a car driver started blowing his On the other hand, the Federal regu- in greater risks and less protection. We horn, the 6-year-old covered his ears latory system is notorious for produc- should focus our efforts and our re- and turned his back toward Edwin. At ing top-down, one-size-fits-all regula- sources on the greatest risks. that moment, Edwin grabbed the 6- tions that are often inefficient and in- Agencies should also realize that ex- year-old and pulled him back across effective. These regulations impose tre- posure to a chemical doesn’t automati- the guardrail to safety. This was a mendous costs on business and indus- cally present a risk or indicate a cause great team effort by both of these two try, increase the costs of goods and and effect relationship. The risk asso- young men. services and reduce economic growth. ciated with a given dosage level should The State of Indiana can be proud of Most importantly, too many regula- be examined. Where exposure to a the next honoree. tions fail in what they are trying to do. truckload of almost any toxin poses a While on duty on December 6, 1996, As I look more closely at the patch- significant risk, in most cases, an ex- Shambaugh Elementary School Safety work of regulation this Government tremely diluted version may not Patrol Marcus A. Morgan, noticed a 6- has created in the last few decades, present any danger at all. Regulators year-old girl running alongside a van. however, I see regulation for regula- should be sensitive to risks as they re- This vehicle had just dropped her off tion’s sake. We are witnessing an erup- late to dosage instead of assuming that and was pulling away from the curb. tion of regulation based on inaccurate any contact with chemicals presents Marcus yelled for the girl to stop chas- science, poor judgment, and bad poli- too great a danger. Too often, regula- ing the van, but he quickly realized the tics. Most shocking is the fundamental tions are issued based on a better safe girl’s string was caught in the van lack of trust in the ability of the than sorry mentality. This can leave us door. She then fell and was being American people to take responsibility less safe and considerably sorrier. dragged by the van. for their own actions. In closing, Mr. President, I reiterate Marcus raced after the van, shouting I think it’s time we returned to the the dire need for regulatory reform. for the driver to stop. he ran to the basics, Mr. President. The central goal The invasive regulatory hands of Gov- passenger-side and banged on the win- of regulating is to significantly protect ernment are slowly choking the life dow to get the driver to stop. The van human health, safety or the environ- out those whom they seek to save. kept moving so he ran to the driver- ment. When held to this standard, Let’s get back to the basics. Using side window to get the driver’s atten- many regulations fall short of the sound, peer-reviewed science, agencies tion while a parent banged on the pas- mark. So how do we get from here to should make a valid assessment of real senger-side window. The driver finally there? world risks and determine a solid stopped after 54 feet. The girl was not June 3, 1997 CONGRESSIONAL RECORD — SENATE S5249 seriously injured due to Marcus’ quick Clopton of Cave City, Kentucky, who hundred twenty-two million) which re- and heroic actions. has been selected as the Kentucky flects a debt increase of nearly $5 tril- AAA’s last honoree is from Califor- Small Business Person of the Year by lion—$4,909,155,463,335.09 (Four trillion, nia. the U.S. Small Business Administra- nine hundred nine billion, one hundred It was a clear afternoon on November tion. fifty-five million, four hundred sixty- 4, 1996, at St. Jarbeth’s School when Tom is the President and CEO of three thousand, three hundred thirty- School Safety Patrol Domonique Fines Tekno, Inc., a manufacturing company five dollars and nine cents) during the and April Corral took their post on the in Cave City. He started the company past 25 years. northwest corner of Harold and Cham- in 1989 with nothing more than a home f pion Streets. computer and his personal savings. A white pickup truck stopped at the Today Tekno is a premier designer and TRIBUTE TO SENATOR STROM stop sign next to their post and then manufacturer of material handling, THURMOND started up the steep hill on Harold factory automation, and specialty ma- Mr. MOYNIHAN. Mr. President, of Street. Near the top of the hill, the chinery systems for industrial applica- necessity, I was at the Finance Com- truck stalled and rolled backward. As tions. mittee hearing on trade negotiating it came down the hill, the truck picked Tekno’s success is remarkable. An- authority this morning, and so was un- up speed. nual sales have grown from $354 thou- able to be on the floor to pay tribute— Unaware of the truck, April handed sand in 1989 to nearly $13.2 million in as so many others have done—to our her patrol sign to Domonique as she 1995. Revenues have increased nearly esteemed colleague, Senator THUR- bent down to tie her shoe. Domonique four thousand percent in just seven and MOND, who now holds the record for noticed the truck rapidly heading to- a half years. This remarkable growth Senate longevity. But I would like to ward them. She shouted to April to has resulted in Tekno being ranked as pay such tribute now. watch out and started to cross Harold one of America’s fastest growing pri- Just about 1 year ago—June 13, 1996, Street to get out of its way. Halfway vately owned companies for three con- to be precise—my daughter Maura and across the street, Domonique looked secutive years, 1994–1996. I traveled to the White House for a back to see if her partner, April, was Not only have Tom’s business and state dinner in honor of Ireland’s presi- following her. Unaware of the danger, managerial skills fostered the growth dent, Mary Robinson, and her husband April was still tying her shoe. of a productive company, his ingenuity Nicholas. We stopped at the northwest Domonique yelled again, but April and engineering skills have enabled gate, to be scrutinized by White House couldn’t hear her over the noise from him to acquire 13 patents from the U.S. security officials. An earnest young the street traffic and the playground. Patent and Trademark Office. In addi- man in a uniform peered into our Jeep, Unconcerned about her own safety, tion, he has patents pending in both studied my face, consulted a clipboard, Domonique ran back to April, grabbed Canada and Mexico. and then said smartly, ‘‘Good evening, her arm, and pushed her out of the And as any good boss will do, Tom Senator THURMOND!’’ way. The truck jump the curb where attributes much of his success to his A fine compliment, to be mistaken April had been tying her shoe and then employees. He knows that happy em- for a man more robust, more vigorous, crashed into a fence. ployees are productive employees and more irrepressible than individuals I also want to recognize and thank he makes every effort to ensure that half his age or mine! the American Automobile Association Tekno provides a pleasant working en- I will leave to others the task of for their invaluable safety program and vironment. In return, his employees highlighting our beloved colleague’s for honoring these outstanding safety take pride in their job and are quick to absolutely extraordinary private and patrol members. volunteer for extra hours when urgent public lives, which span the 20th cen- In the 1920’s AAA began organizing tasks need to be completed. tury. A few things come to mind which safety patrol programs whereby older And finally, I want to say that Tom’s bear mentioning, however. He learned students assist younger students while dedication and commitment to his cus- his populist brand of politics from crossing streets as they walked to and tomers, employees and community sets ‘‘Pitchfork Ben’’ Tillman—a man born from school. Today, more than 500,000 an example for every small business. I 150 years ago—whose Senate seat he students across the country serve as am happy that Tom is being recognized now occupies. And yet he was just re- AAA safety patrol volunteers. In fact, for all of the good work he has done. I elected for the eighth time, again with there are currently 50,000 schools with congratulate him on this significant little difficulty. Senator THURMOND safety patrols. accomplishment and wish him many embodies the political and social trans- AAA supplies training materials, future years of success. formation of the South. belts, badges, and other items needed f As a 40-year-old, he volunteered for to operate the safety patrol programs. active duty during World War II and Importantly, AAA promotes and recog- THE VERY BAD DEBT BOXSCORE landed at Normandy with the 82d Air- nizes patrol efforts each year through a Mr. HELMS. Mr. President, at the borne Division. Immediately after the series of awards, newsletters, summer close of business yesterday, Monday, war, he was elected governor of South camps, and scholarships. June 2, 1997, the federal debt stood at Carolina. While governor, in 1948, he On behalf of my Senate colleagues, $5,336,777,463,335.09. (Five trillion, three ran for president as a States’ Rights and for parents all across the country, hundred thirty-six billion, seven hun- Democrat and garnered 39 electoral I want to thank AAA. Their work in dred seventy-seven million, four hun- votes. helping to keep our youngsters a little dred sixty-three thousand, three hun- He was elected to the Senate in 1954 safer on their way to and from school dred thirty-five dollars and nine cents) as a write-in candidate, the first person is extremely praiseworthy. Five years ago, June 2, 1992, the fed- ever elected to major office by this I am very proud of Surmel, Edwin, eral debt stood at $3,940,929,000,000. method. But true to a campaign pledge Marcus, and Domonique who exempli- (Three trillion, nine hundred forty bil- he made, he resigned in 1956 and stood fied courage and citizenship. I know lion, nine hundred twenty-nine million) for re-election. In 1964, he left the that their parents and communities are Ten years ago, June 2, 1987, the fed- Democratic Party and became a Gold- equally as proud. These four young- eral debt stood at $2,300,635,000,000. water Republican, presaging—or, per- sters showed great courage in saving (Two trillion, three hundred billion, six haps, ushering in—GOP gains in the another individuals life. hundred thirty-five million) South that continue to this day. He has f Fifteen years ago, June 2, 1982, the served as a delegate to six Democratic federal debt stood at $1,077,417,000,000. and eight Republican National Conven- HONORING KENTUCKY SMALL (One trillion, seventy-seven billion, tions—a distinction I doubt anyone BUSINESS PERSON OF THE four hundred seventeen million) else shares. Suffice it to say that if YEAR, TOM CLOPTON Twenty-five years ago, June 2, 1972, STROM THURMOND did not exist, it Mr. FORD. Mr. President, I rise the federal debt stood at $427,622,000,000 might be necessary for us to invent today to pay tribute to Mr. Tom (Four hundred twenty-seven billion, six him. S5250 CONGRESSIONAL RECORD — SENATE June 3, 1997

Senator THURMOND has endured the function of removing some of the un- REPORT CONCERNING THE EXTEN- loss of his first wife, the loss of his certainty and speculation about the SION OF WAIVER AUTHORITY daughter. But through it all, he has contents of Government files relating FOR ALBANIA, BELARUS, been indomitable. Always optimistic. to President Kennedy’s assassination. KAZAKSTAN, KYRGYZSTAN, Unfailingly courteous, the epitome of a An additional year will permit the TAJIKISTAN, TURKMENISTAN, Southern gentleman—despite living in board to finish its important task. AND UZBEKISTAN—MESSAGE our current age, when good manners According to information provided to FROM THE PRESIDENT—PM 44 seem to elude us so readily. I hope he me, over the past 5 years, the review The PRESIDING OFFICER laid be- has a sense of the respect and affection board has worked to facilitate the max- fore the Senate the following message we have for him. imum appropriate disclosure of any ad- from the President of the United When I think of our colleague, I ditional materials which may have States, together with an accompanying think of the wonderful poem, ‘‘Ulys- been withheld by the FBI, CIA, Secret report; which was referred to the Com- ses’’, by Alfred Lord Tennyson—one of Service, or any other Federal agency. mittee on Finance: the great English poets, who, I might In addition, the House committee de- To the Congress of the United States: add, died a mere decade before Senator cided to withhold certain materials for THURMOND was born, and I would like 50 years following the publication of its I hereby transmit the document re- to close my tribute with an excerpt report in 1979, or until the year 2029. ferred to in subsection 402(d)(1) of the from the poem: According to information provided to Trade Act of 1974, as amended (the I am become a name; me, the review board has also worked ‘‘Act’’), with respect to a further 12- For always roaming with a hungry heart to facilitate the maximum appropriate month extension of authority to waive Much have I seen and known; cities of men disclosure of any of these materials subsections (a) and (b) of section 402 of And manners, climates, councils, govern- the Act. This document constitutes my ments, which may have been withheld by the House committee. recommendation to continue in effect Myself not least, but honour’d of them all; this waiver authority for a further 12- And drunk delight of battle with my peers, Far on the ringing plains of windy Troy. f month period, and includes my reasons I am a part of all that I have met; for determining that continuation of Yet all experience is an arch wherethro’ the waiver authority and waivers cur- Gleams that untravell’d world whose mar- MESSAGES FROM THE PRESIDENT rently in effect for Albania, Belarus, gin fades Messages from the President of the Kazakstan, Kyrgyzstan, Tajikistan, For ever and forever when I move. United States were communicated to Turkmenistan, and Uzbekistan will How dull it is to pause, to make an end, the Senate by Mr. Williams, one of his substantially promote the objectives of To rust unburnish’d, not to shine in use! section 402 of the Act. I have submitted As tho’ to breathe were life! secretaries. a separate report with respect to the EXECUTIVE MESSAGES REFERRED No one ever could accuse Senator THUR- People’s Republic of China. MOND of ‘‘rusting unburnish’d’’! As in executive session the Presiding WILLIAM J. CLINTON. f Officer laid before the Senate messages THE WHITE HOUSE, June 3, 1997. from the President of the United f JOHN F. KENNEDY ASSASSINATION States submitting a nomination which RECORDS REVIEW BOARD EX- was referred to the Committee on the MESSAGES FROM THE HOUSE TENSION Judiciary. At 11:18 a.m., a message from the Mr. SPECTER. Mr. President, in 1992, (The nominations received today are House of Representatives, delivered by I sponsored a joint resolution in col- printed at the end of the Senate pro- one of its reading clerks, Mrs. Goetz, laboration with Congressman LOUIS ceedings.) announced that pursuant to the provi- STOKES, who served as chairman of the sions of section 711(b) of Public Law House Select Committee on Assassina- f 104–293, the Chair announces the tions, to expedite disclosure of mate- Speaker’s appointment of Mr. Henry F. rials relevant to the assassination of REPORT CONCERNING EMIGRATION Cooper of Virginia to the Commission President John F. Kennedy. That act LAWS AND POLICIES OF ARME- to Assess the Organization of the Fed- created the Assassination Review NIA, AZERBAIJAN, GEORGIA, eral Government to Combat the Pro- Board, which was directed to oversee MOLDOVA, AND UKRAINE—MES- liferation of Weapons of Mass Destruc- the identification and release of SAGE FROM THE PRESIDENT— tion on the part of the House. records related to the assassination of PM 43 The message also announced that President Kennedy. While the review pursuant to the provisions of section board has made significant progress in The PRESIDING OFFICER laid be- 114(b) of Public Law 100–458 (2 U.S.C. its important work, it will need addi- fore the Senate the following message 1103), the Chair announces the Speak- tional time to complete its task. from the President of the United er’s appointment of the following Mem- Today, I am introducing a bill that will States, together with an accompanying ber of the House to the Board of Trust- authorize the board’s extension for 1 report; which was referred to the Com- ees for the John C. Stennis Center for year. mittee on Finance: Public Service Training and Develop- Through October 1996, the review To the Congress of the United States: ment to fill the existing vacancy there- board was successful in transferring on: Mrs. FOWLER of Florida. nearly 10,000 documents to the Na- I hereby transmit a report concern- At 3:22 p.m., a message from the tional Archives and Records Adminis- ing emigration laws and policies of Ar- House of Representatives, delivered by tration for inclusion in the JFK Collec- menia, Azerbaijan, Georgia, Moldova, Ms. Goetz, one of its reading clerks, an- tion. Although much has been accom- and Ukraine as required by subsections nounced that the Speaker has signed plished, Congress, in setting its origi- 402(b) and 409(b) of title IV of the Trade the following enrolled bill: Act of 1974, as amended (the ‘‘Act’’). I nal 3-year timetable, was simply un- H.R. 5. An act to amend the Individuals able to anticipate a number of prob- have determined that Armenia, Azer- With Disabilities Education Act, to reau- lems the board has encountered since baijan, Georgia, Moldova, and Ukraine thorize and make improvements to that Act, beginning its work. The board was not are in full compliance with subsections and for other purposes. appointed until 18 months after the 402(a) and 409(a) of the Act. As required The enrolled bill was signed subse- legislation was signed into law. In ad- by title IV, I will provide the Congress quently by the President pro tempore dition, Federal agencies have been slow with periodic reports regarding the [Mr. THURMOND]. in identifying records to be processed compliance of Armenia, Azerbaijan, f and the hiring and training of new em- Georgia, Moldova, and Ukraine with ployees to work with the board has these emigration standards. PETITIONS AND MEMORIALS taken longer than expected. Neverthe- WILLIAM J. CLINTON. The following petitions and memori- less, the review board serves a vital THE WHITE HOUSE, June 3, 1997. als were laid before the Senate and June 3, 1997 CONGRESSIONAL RECORD — SENATE S5251 were referred or ordered to lie on the Now, therefore, be it resolved by the Senate SENATE JOINT RESOLUTION NO. 314 table as indicated: and the House of Representatives of the State of Whereas, improving patient access to qual- POM–111. A resolution adopted by the Montana, That the ity health care is a paramount national goal; House of the Legislature of the State of continue its investigation into the reasons and Michigan; to the Committee on Labor and for the exorbitant drug prices charged to Whereas, a key to improved health care, Human Resources. customers who have no other alternatives especially for people with serious unmet and enact legislation to remedy this situa- medical needs, is the rapid approval of safe HOUSE RESOLUTION NO. 26 tion. and effective new drugs, biological products, Whereas, while the history of organized Be it further resolved, That the Secretary of and medical devices; and labor has often been marked by difficulties State send a copy of this resolution to the Whereas, two-thirds of all new drugs ap- and controversy over the years, working men President of the United States, the Speaker proved in the last six years by the Food and and women bargaining in good faith through of the United States House of Representa- Drug Administration were approved first in formal labor negotiations has brought many tives, the President of the United States other countries, with approval of a new drug benefits to our state and nation. The stand- Senate, and each member of the Montana in the United States taking 15 years; and ard of living for working families is much Congressional Delegation. Whereas, although the United States has higher than it could possibly be without or- long led the world in discovering new drugs, ganization. For responsible companies, the too many new medicines are first introduced steady supply of reliable workers also brings POM–113. A joint resolution adopted by the General Assembly of the Commonwealth of in other countries, with 40 drugs currently many rewards and long-term stability; and approved in one or more foreign countries Whereas, in recent years, a shift seems to Virginia; to the Committee on Labor and still in development in the United States or be occurring in strategy for businesses in Human Resources. awaiting FDA approval; and how they handle labor disputes. Too often, SENATE JOINT RESOLUTION NO. 377 Whereas, patients are waiting for the in- the initial response in a labor dispute is for Whereas, the services provided by Emer- dustry to discover and efficiently develop management to hire replacement workers in- gency Medical Service (EMS) employees play safe and effective new medicines sooner; and stead of negotiating with the workers. This a critical role in protecting the lives and Whereas, minimizing the delay between short-sighted action severely hinders all health of citizens throughout the Common- discovery and eventual approval of a new communications between management and wealth; and drug, biological product, or medical device workers. Often, hiring replacement workers Whereas, EMS employees work and live derived from research conducted by innova- sets in motion an escalating series of actions alongside their firefighter counterparts in tive pharmaceutical and biotechnology com- that are harmful to everyone; and fire stations on a 24-hour, 365-day-a-year panies could improve the lives of millions of Whereas, Michigan has experienced this re- basis and are an integral part of the emer- Americans; and cently through the lengthy and bitter news- gency service delivery system; and Whereas, the current rules and practices paper strike in Detroit. Hiring permanent re- governing the review of new drugs, biological placement workers has clearly hindered the Whereas, providing effective and cost-effi- cient emergency medical services is best products, and medical devices by the Food effectiveness of negotiations and made a dif- and Drug Administration can delay approv- ficult situation far worse and more divisive achieved by scheduling EMS employees to work 24-hour shifts rather than traditional als and are unnecessarily expensive; now, than necessary. This extended tension is therefore, be it harmful to labor, management, and the pub- eight-hour shifts; and Whereas, a majority of EMS employees Resolved by the Senate, the House of Dele- lic; now, therefore, be it gates concurring, That Congress be urged to Resolved by the House of Representatives, support the 24-hour shift versus the eight- hour shift; and enact legislation to facilitate the Food and That we memorialize the Congress of the Drug Administration’s procedures for the ap- United States to enact legislation to pro- Whereas, the provisions of current federal law (29 USCS § 207) require that employers proval of safe and effective innovative new hibit the hiring of permanent replacement drugs, biological products and medical de- workers as an alternative to negotiations pay overtime compensation equal to one and one-half times the regular rate of compensa- vices; and, be it and settlements of labor disputes; and be it Resolved further, That the Clerk of the Sen- tion when an employee works longer than 40 further ate transmit copies of this resolution to the hours in one week. The federal statute does Resolved, That copies of this resolution and President of the United States, the President provide an overtime exemption for the em- the roll call on its adoption be transmitted of the United States Senate, the Speaker of ployers of fire, police and corrections person- to the President of the United States Senate, the House of Representatives, and to each nel. The exemption allows employers of the Speaker of the United States House of member of the Congressional Delegation of these employees to calculate overtime pay Representatives, and the members of the Virginia in order that they may be apprised by averaging the number of hours worked Michigan congressional delegation. of the sense of the General Assembly in this over a period of 28 days rather than on a matter. POM–112. A joint resolution adopted by the weekly basis, thereby reducing overtime Legislature of the State of Montana; to the costs for localities. This exemption permits POM–115. A joint resolution adopted by the Committee on Labor and Human Resources. localities to schedule employees in a more General Assembly of the Commonwealth of Whereas, the ever-increasing cost of pre- productive, economical, and efficient man- Virginia; to the Committee on Veterans’ Af- scription drugs is causing a hardship for low- ner; and fairs. income seniors and low-income persons of all Whereas, a recent judicial decision has re- HOUSE JOINT RESOLUTION NO. 401 ages; and sulted in the federal government interpret- Whereas, the problem is not caused by ing 29 USCS § 207 in a manner that precludes Whereas, because of the large number of local pharmacists who at this time are en- a similar overtime exemption for EMS em- federal military installations and contract- gaged in a class action suit to correct this ployers; and ing industries located in the Commonwealth, injustice; and Whereas, the lack of an overtime exemp- over 725,000 veterans of the armed services Whereas, some of the cost of research and tion for EMS personnel results in increased now live in Virginia; and development of prescription drugs is funded operating costs for localities and a reduction Whereas, approximately 97,000 veterans of through the National Institutes of Health in operating efficiency; now, therefore, be it Operation Desert Storm now reside in Vir- and paid for by tax dollars; and ginia; and Resolved by the Senate, the House of Dele- Whereas, the prescription drugs manufac- Whereas, medical facilities for veterans are gates concurring, That Congress be urged to tured by these United States companies can now located in Salem, Hampton, Richmond, amend the Fair Labor Standards Act to bet- be purchased in Canada or Mexico for one- Martinsburg, West Virginia, Washington, ter address the unique characteristics of half to one-third of the cost in the United D.C., and Baltimore, Maryland; and emergency medical service employees and to States; and Whereas, the health of many veterans is Whereas, most seniors are reliant on Medi- provide an overtime exemption for such em- declining due to advancing age and health care, which does not pay for most prescrip- ployees similar to that provided for fire, po- conditions associated with their service in tion drugs; many Americans’ health insur- lice and corrections employees; and, be it the military; and ance does not cover prescription drugs; and Resolved further, That the Clerk of the Sen- Whereas, travel to available veterans’ med- altogether, consumers purchase three-quar- ate transmit copies of this resolution to the ical facilities is difficult and inconvenient ters of all prescription drugs out of pocket; President of the United States Senate, the for many veterans who live in Northern Vir- Whereas, many seniors live on fixed in- Speaker of the House of Representatives, and ginia; and comes, and incomes have not kept pace with the members of the Congressional Delega- Whereas, an estimated 220,000 veterans live the prices of prescription drugs that from tion of Virginia in order that they may be within a 50-mile radius of a Northern Vir- 1980 to 1991 outpaced the general inflation apprised of the sense of the General Assem- ginia site proposed for a veterans’ medical rate 3 to 1; and bly in this matter. facility; and Whereas, certain consumers have no re- Whereas, construction of a U.S. Depart- course other than to use drugs regulated by POM–114. A joint resolution adopted by the ment of Veterans Affairs outpatient clinic in the federal Orphan Drug Act, and the prices General Assembly of the Commonwealth of Northern Virginia has been authorized by of these drugs are not subject to market Virginia; to the Committee on Labor and the federal government, but has never been pressures. Human Resources. funded; and S5252 CONGRESSIONAL RECORD — SENATE June 3, 1997 Whereas, such a clinic is urgently needed, states for ratification, an amendment to the States Congress to propose such an amend- and a suitable facility is now available for Constitution of the United States requiring ment to the United States Constitution. lease from a willing vendor; and that, in the absence of a national emergency, Be it further resolved, That the Secretary of Whereas, similar outpatient clinics have the total of all federal appropriations made State of the State of Delaware transmit cop- demonstrated their cost-effectiveness by re- by the Congress for any fiscal year may not ies of this Resolution to the President and leasing in-patient beds at other facilities, exceed the total of all estimated federal rev- Vice President of the United States, the pre- freeing medical and technical personnel for enues for that fiscal year. siding officer in each house of legislature in other duties, and accelerating recovery time Be It Further Resolved, That copies of this each of the states of the Union, the Speaker by keeping patients close to home; and Joint Resolution be sent to all members of of the United States House of Representa- Whereas, a resolution supporting such a fa- the United States Senate and House of Rep- tives, the Majority Leader of the United cility was adopted at the national conven- resentatives, and to the Secretary of State, States Senate and to each member of the tion of the Veterans of Foreign Wars in Lou- and the presiding officers of both houses of State of Delaware Congressional Delegation. isville, Kentucky, in 1996; now, therefore, be the legislatures of each of the other states. SYNOPSIS it Resolved by the House of Delegates, the POM–120. A concurrent resolution adopted In 1990 a U.S. Supreme Court decision (Mis- Senate concurring, That the Congress of the by the General Assembly of the State of souri v. Jenkins) upheld an appeals court United States be urged to authorize and fund Delaware; to the Committee on the Judici- ruling which affirmed a District Court’s the establishment of a veterans’ medical ary. order allowing the local school board to raise property taxes as part of a school desegrega- outpatient clinic in Northern Virginia; and, HOUSE CONCURRENT RESOLUTION NO. 6 tion plan in Kansas City. This Resolution be it Whereas, separation of powers is fun- Resolved further, That the Clerk of the calls for an amendment to the U.S. Constitu- damental to the United States Constitution House of Delegates transmit copies of this tion which would end the self-proclaimed au- and the power of the federal government is resolution to the Speaker of the United thority and power to tax which the federal strictly limited; and courts have given themselves. The language States House of Representatives, the Presi- Whereas, under the United States Con- of the proposed amendment does not change dent of the United States Senate, the mem- stitution, the states are to determine public the Constitution. Rather, it reasserts a basic bers of the Congressional Delegation of Vir- policy; and ginia, and the Secretary of the United States Whereas, it is the duty of the judiciary to premise of representative government—there Department of Veterans Affairs in order that interpret the law, not to create law; and shall be no taxation without representation. they may be apprised of the sense of the Gen- Whereas, our present federal government POM–121. A joint resolution adopted by the eral Assembly of Virginia in this matter. has strayed from the intent of our founding General Assembly of the State of Maryland; fathers and the United States Constitution to the Committee on the Judiciary. POM–116. A resolution adopted by Town- through inappropriate federal mandates; and HOUSE JOINT RESOLUTION 25 ship Committee of the Township of Millburn, Whereas, these mandates by way of stat- Whereas, although the right of free expres- County of Essex, New Jersey relative to pri- ute, rule or judicial decision have forced vate relief; to the Committee on the Judici- sion is part of the foundation of the United state governments to serve as the mere ad- States Constitution, very carefully drawn ary. ministrative arm of the federal government; POM–117. A resolution adopted by the limits on expression in specific instances and have long been recognized as legitimate Council of the City of Cincinnati, Ohio rel- Whereas, federal district courts with the ative to the illegal drug trade; to the Com- means of maintaining public safety and de- acquiescence of the United States Supreme cency, as well as orderliness and productive mittee on the Judiciary. Court, continue to order states to levy or in- POM–118. A resolution adopted by the value of public debate; and crease taxes to comply with federal man- Council of the City of Cincinnati, Ohio rel- Whereas, certain actions, although argu- dates; and ative to the illegal drug trade; to the Com- ably related to one person’s free expression, Whereas, these court actions violate the nevertheless; and mittee on the Judiciary. United States Constitution and the legisla- POM–119. A resolution adopted by the Gen- Whereas, the matter is still unresolved and tive process; and pending as a subject of great interest and eral Assembly of the State of Colorado; to Whereas, the time has come for the people concern; and the Committee on the Judiciary. of this great nation and their duly elected Whereas, there are symbols of our national HOUSE JOINT RESOLUTION 97–1011 representatives in state government, to reaf- soul such as the Washington Monument, the Whereas, the annual federal budget has not firm, in no certain terms that the authority United States Capitol Building, and memori- been balanced since 1969, and the federal pub- to tax under the Constitution of the United als to our greatest leaders, which are the lic debt is now more than $5 trillion, an States is retained by the people who, by property of every American and are there- amount equaling approximately $20,000 for their consent alone, do delegate such power fore worthy of protection from desecration every man, woman, and child in America; to tax explicitly to those duly elected rep- and dishonor; and and resentatives in the legislative branch of gov- Whereas, the American Flag to this day is Whereas, continued deficit spending dem- ernment who they choose, such representa- a most honorable and worthy banner of a na- onstrates an unwillingness or inability of tives being directly responsible and account- tion which is thankful for its strengths and both the federal executive and legislative able to those who have elected them; and branches to spend no more than available Whereas, several states have petitioned the committed to curing its faults, and remains revenues; and United States Congress to propose an amend- the destination of millions of immigrants at- Whereas, fiscal irresponsibility at the fed- ment to the Constitution of the United tracted by the universal power of the Amer- eral level is lowering our standard of living, States of America; and ican ideal; and destroying jobs, and endangering economic Whereas, the amendment was previously Whereas, the Maryland House of Delegates opportunity now and for the next generation; introduced in Congress; and voted 101 to 30 and the Maryland Senate and Whereas, the amendment seeks to prevent voted 42 to 5 to approve the Joint Resolution Whereas, the federal government’s unlim- federal courts from levying or increasing on March 3, 1994; and ited ability to borrow raises questions about taxes without representation of the people Whereas, it is only fitting that people ev- fundamental principles and responsibilities and against the people’s wishes; and erywhere should lend their voices to a force- of government, with potentially profound Now, therefore, be it ful call for restoration to the Stars and consequences for the nation and its People, Resolved by the House of Representatives of Stripes of a proper station under law and de- making it an appropriate subject for limita- the 139th General Assembly, the Senate concur- cency; now, therefore, be it tion by the Constitution of the United ring therein, That the Congress of the United Resolved by the General Assembly of Mary- States; and States prepare and submit to the several land, That the General Assembly respect- Whereas, the Constitution of the United states an amendment to the Constitution of fully memorialize the Congress of the United States vests the ultimate responsibility to the United States to add a new article pro- States to propose an amendment to the Unit- approve or disapprove constitutional amend- viding as follows: ed States Constitution, for ratification by ments with the People, as represented by ‘‘Neither the Supreme Court nor any infe- the states, specifying that Congress and the their elected state legislatures, and opposi- rior court of the United States shall have the states shall have the power to prohibit the tion by a small minority in the United power to instruct or order a state or a politi- physical desecration of the flag of the United States Congress repeatedly has thwarted the cal subdivision thereof, or an official of such States; and be it further will of the People that a balanced budget a state or political subdivision, to levy or in- Resolved, That copies of this Resolution be amendment to the Constitution should be crease taxes.’’ transmitted by the Department of Legisla- submitted to the states for ratification; now, Be it further resolved, That the Legislature tive Reference to the Speaker of the U.S. therefore, be it of the State of Delaware also proposes that House of Representatives and the President Resolved by the House of Representatives of the legislatures of each of the several states of the U.S. Senate; and be it further the Sixty-first General Assembly of the State of comprising the United States that have not Resolved, That a copy of this Resolution be Colorado, the Senate concurring herein: That yet made similar requests apply to the Unit- forwarded by the Department of Legislative the General Assembly requests the United ed States Congress requesting enactment of Reference to the Maryland Congressional States Congress to expeditiously pass, and an appropriate amendment to the United Delegation: Senators Paul S. Sarbanes and propose to the legislatures of the several States Constitution, and apply to the United Barbara A. Mikulski, Senate Office Building, June 3, 1997 CONGRESSIONAL RECORD — SENATE S5253 Washington, D.C. 20510; and Representatives INTRODUCTION OF BILLS AND vide for demonstration projects to test Wayne T. Gilchrest, Robert L. Ehrlich, Jr., JOINT RESOLUTIONS the feasibility of establishing kinship Benjamin L. Cardin, Albert R. Wynn, Steny The following bills and joint resolu- care as an alternative to foster care for Hamilton Hoyer, Roscoe G. Bartlett, Elijah a child who has adult relatives willing E. Cummings, and Constance A. Morella, tions were introduced, read the first House Office Building, Washington, D.C. and second time by unanimous con- to provide safe and appropriate care for 20515. sent, and referred as indicated: the child, and to require notice to POM–122. A joint resolution adopted by the By Mr. BROWNBACK: adult relative caregivers; to the Com- General Assembly of the Commonwealth of S. 820. A bill to amend chapters 83 and 84 of mittee on Finance. Virginia; to the Committee on the Judiciary. title 5, United States Code, to limit certain THE KINSHIP CARE ACT OF 1997 SENATE JOINT RESOLUTION NO. 307 retirement benefits of Members of Congress, ∑ Mr. WYDEN. Mr. President, today I Whereas, in addition to setting quotas for and for other purposes; to the Committee on am introducing the Kinship Care Act of the number of immigrants who may enter Governmental Affairs. 1997. Grandparents caring for grand- this country legally, the federal government By Mr. Brownback: children represent one of the most has the responsibility of maintaining the S. 821. A bill to reduce the pay of Members of Congress, eliminate automatic cost-of-liv- underappreciated and perhaps under- borders of the United States against illegal utilized natural resources in our Na- entry; and ing pay increases for Members of Congress, Whereas, while illegal aliens are not enti- and for other purposes; to the Committee on tion. Yet they hold tremendous poten- tled to assistance in the form of social serv- Governmental Affairs. tial for curing one of our society’s ices, states are required by federal statute or By Mr. WYDEN: most pressing problems—the care of by court decisions to provide emergency S. 822. A bill to amend part E of title IV of children who have no parents, or whose medical care, education, nutrition programs, the Social Security Act to provide for dem- parents simply aren’t up to the task of and incarceration for many undocumented onstration projects to test the feasibility of establishing kinship care as an alternative providing children a stable, secure, and aliens with little or no reimbursement from nurturing living environment. the federal government; and to foster care for a child who has adult rel- atives willing to provide safe and appro- There is such a great reservoir of Whereas, many states are being hit hard by love and experience available to us, budgetary cutbacks and are feeling the im- priate care for the child, and to require no- pact on state revenues and expenditures in- tice to adult relative caregivers; to the Com- and more especially to the tens of curred by these federal mandates; and mittee on Finance. thousands of American children who Whereas, some states have tried unsuccess- By Mr. HARKIN: desperately need basic care giving. We fully to use the legal system to recoup some S. 823. A bill to provide for the award of the provide public assistance for strangers of these expenses from the federal govern- Armed Forces Expeditionary Medal to mem- bers of the Armed Forces who participate in to give this kind of care, but the folks ment; and available to do it are in short supply. Whereas, although the federal government Operation Joint Endeavor or Operation Joint Guard in the Republic of Bosnia and Legislation I am introducing in the has been forthcoming with some funds to Senate today will give States the flexi- help with some of the costs, the amounts are Herzegovnia; to the Committee on Armed negligible in comparison to the actual costs Services. bility to provide the support these to the states; and By Mrs. BOXER: grandparents need, so that our seniors S. 824. A bill to prohibit the relocation of Whereas, the recent federal Personal Re- can fill the care gap. Last year, as part certain Marine Corps helicopter aircraft to sponsibility and Work Opportunity Rec- of welfare reform, Senator COATS and I Naval Air Station Miramar, California; to onciliation Act of 1996 addresses some issues were successful in passing legislation the Committee on Armed Services. of social assistance to aliens, but the finan- By Mr. ASHCROFT: that would give preference to an adult cial impact is more addressed to immigrants S. 825. A bill to provide for violent and re- relative over a nonrelated caregiver who are here legally; and peat juvenile offender accountability, and when determining a placement for a Whereas, there appears to be a need for a for other purposes; to the Committee on the better working relationship between the child. My new legislation will continue Judiciary. states and the United States Immigration the process of shifting the focus of our By Mr. LAUTENBERG (for himself, and Naturalization Services to identify those child welfare system from leaving chil- Mr. DURBIN, and Mr. KERRY): dren with strangers to leaving them in persons who are here illegally; now, there- S. 826. A bill to amend the Public Health fore, be it Service Act to protect the public from health the loving arms of grandparents and Resolved by the Senate, the House of Dele- hazards caused by exposure to environmental other relatives. gates concurring, That the Congress of the tobacco smoke, and for other purposes; to I am not noticing a new trend. States United States be urged to take appropriate the Committee on Environment and Public have been moving in this direction for steps to reimburse the states for the costs of Works. over a decade. Over the past 10 years services provided to illegal aliens; and, be it By Mr. CRAIG: the number of children involved in ex- Resolved further, That the Congress be S. 827. A bill to promote the adoption of urged to honor its obligations to protect the tended family arrangements has in- children in foster care; to the Committee on creased by 40 percent. Currently, more United States borders and to expedite the re- Finance. moval of those who reside here illegally; and, By Mr. DURBIN (for himself and Mr. than four million children are being be it LAUTENBERG): raised by their grandparents. In other Resolved finally, That the Clerk of the Sen- S. 828. A bill to provide for the reduction in words, 5 percent of all families in this ate transmit copies of this resolution to the the number of children who use tobacco country are headed by grandparents. President of the United States, the President products, and for other purposes; to the Com- My view is that it’s time for the Fed- of the United States Senate, the Speaker of mittee on Commerce, Science, and Transpor- eral Government to get with the pro- the House of Representatives, and the mem- tation. bers of the Congressional Delegation of Vir- gram and start developing policies that By Mrs. BOXER (for herself, Mrs. FEIN- make it easier, instead of more dif- ginia in order that they may be apprised of STEIN, and Mr. KENNEDY): the sense of the General Assembly in this S. 829. A bill to amend the Internal Reve- ficult, for families to come together to matter. nue Code of 1986 to encourage the production raise their children. f and use of clean-fuel vehicles, and for other My bill has several parts. First, it purposes; to the Committee on Finance. would allow States to obtain waivers EXECUTIVE REPORTS OF By Mr. HELMS (for himself, Mr. to set up kinship care guardianship COMMITTEES FEINGOLD, Mr. HUTCHINSON, and Mr. systems where grandparents and other The following executive reports of WELLSTONE): relative providers can receive some fi- committees were submitted: S.J. Res. 31. A joint resolution disapprov- nancial assistance without having to ing the extension of nondiscriminatory By Mr. ROTH, from the Committee on Fi- treatment (most-favored-nation treatment) turn over custody of the child to the nance: to the products of the People’s Republic of State and without having to go Robert S. LaRussa, of Maryland, to be an China; to the Committee on Finance. through the paperwork and bureau- Assistant Secretary of Commerce. f cratic hurdles of the foster care sys- (The above nomination was reported tem. with the recommendation that he be STATEMENTS ON INTRODUCED Grandparents already face a number confirmed, subject to the nominee’s BILLS AND JOINT RESOLUTIONS of hurdles when they suddenly find commitment to respond to requests to By Mr. WYDEN: themselves caring for a grandchild. appear and testify before any duly con- S. 822. A bill to amend part E of title These may include living in seniors- stituted committee of the Senate.) IV of the Social Security Act to pro- only housing, not having clothes or S5254 CONGRESSIONAL RECORD — SENATE June 3, 1997 space for a grandchild, or living on a pending transfer to the adult relative of ilies) under the project, and such outcomes fixed income. We need to encourage legal custody of the child. under the State plan approved under this States to start making their child pro- ‘‘(d) PROJECT REQUIREMENTS.—In any dem- part, for purposes of assessing the effective- onstration project authorized to be con- tection systems grandparent- and rel- ness of the project in achieving program ducted under this section, the State— goals; and ative-friendly. ‘‘(1) should examine the provision of alter- ‘‘(B) any other information that the Sec- The second part of this bill requires native financial and service supports to fam- retary may require; states to give relative caregivers no- ilies providing kinship care; and ‘‘(2) obtain an evaluation by an independ- tice of and an opportunity to be heard ‘‘(2) shall establish such procedures as may ent contractor of the effectiveness of the in hearings or case reviews with re- be necessary to assure the safety of children State in assuring the safety of the children spect to the child’s safety and well- who are placed in kinship care. participating in the project; and ‘‘(e) WAIVER AUTHORITY.—The Secretary ‘‘(3) provide interim and final evaluation being. I have repeatedly heard the frus- may waive compliance with any requirement tration of these grandparents and rel- reports to the Secretary, at such times and of this part which (if applied) would prevent in such manner as the Secretary may re- ative caregivers who say they never a State from carrying out a demonstration quire. project under this section or prevent the knew about or were not allowed to at- ‘‘(k) REPORT TO THE CONGRESS.—Not later tend a hearing or case review affecting State from effectively achieving the purpose than 4 years after the date of the enactment of such a project, except that the Secretary a child for whom they may be caring or of this section, the Secretary shall submit to may not waive— the Congress a report that contains the rec- have cared for years. Surely their ‘‘(1) any provision of section 422(b)(10), sec- ommendations of the Secretary for changes voices should be heard in those cir- tion 479, or this section; or in law with respect to kinship care and cumstances where the well-being and ‘‘(2) any provision of this part, to the ex- placements.’’. safety of the child is being discussed. tent that the waiver would impair the enti- (b) CONFORMING AMENDMENTS.—Title IV of tlement of any qualified child or family to As we reevaluate the effectiveness of the Social Security Act (42 U.S.C. 601 et seq.) benefits under a State plan approved under our country’s child protection systems, is amended it’s time that we start developing some this part. ‘‘(f) PAYMENTS TO STATES; COST NEUTRAL- (1) in section 422(b)— new ideas and new ways to use our re- ITY.—In lieu of any payment under section (A) by striking the period at the end of the sources more effectively to find loving 473 for expenses incurred by a State during a paragraph (9) (as added by section 554(3) of environments for children who can’t quarter with respect to a demonstration the Improving America’s Schools Act of 1994 live with their natural parents. project authorized to be conducted under (Public Law 103–382; 108 Stat. 4057)) and in- I applaud the efforts of my colleague this section, the Secretary shall pay to the serting a semicolon; (B) by redesignating paragraph (10) as in the House, Representative CONNIE State an amount equal to the total amount that would be paid to the State for the quar- paragraph (11); and MORELLA who has introduced the com- ter under this part, in the absence of the (C) by redesignating paragraph (9), as panion bill in the House, and I urge my project, with respect to the children and added by section 202(a)(3) of the Social Secu- colleagues on both sides of the aisle to families participating in the project. rity Act Amendments of 1994 (Public Law join with me in giving states increased ‘‘(g) USE OF FUNDS.—A State may use funds 103–432, 108 Stat. 4453), as paragraph (10); flexibility to make their foster care paid under this section for any purpose relat- (2) in sections 424(b), 425(a), and 472(d), by systems more grandparent friendly. ed to the provision of services and financial striking ‘‘422(b)(9)’’ each place it appears and Mr. President, I ask unanimous con- support for families participating in a dem- inserting ‘‘422(b)(10)’’; and sent that the text of the bill be printed onstration project under this section. (3) in section 471(a)— ‘‘(h) DURATION OF PROJECT.—A demonstra- (A) by striking ‘‘and’’ at the end of para- in the RECORD. tion project under this section may be con- graph (17); There being no objection, the bill was ducted for not more than 5 years. (B) by striking the period at the end of ordered to be printed in the RECORD, as ‘‘(i) APPLICATION.—Any State seeking to paragraph (18) (as added by section 1808(a) of follows: conduct a demonstration project under this the Small Business Job Protection Act of section shall submit to the Secretary an ap- S. 822 1996 (Public Law 104–188; 110 Stat. 1903)) and plication, in such form as the Secretary may inserting ‘‘; and’’; and Be it enacted by the Senate and House of Rep- require, which includes— (C) by redesignating paragraph (18) (as resentatives of the United States of America in ‘‘(1) a description of the proposed project, added by section 505(3) of the Personal Re- Congress assembled, the geographic area in which the proposed sponsibility and Work Opportunity Rec- SECTION 1. SHORT TITLE. project would be conducted, the children or onciliation Act of 1996 (Public Law 104–193; This Act may be cited as the ‘‘Kinship Care families who would be served by the proposed 110 Stat. 2278)) as paragraph (19). Act of 1997’’. project, the procedures to be used to assure SEC. 2. KINSHIP CARE DEMONSTRATION the safety of such children, and the services SEC. 3. NOTICE TO RELATIVE CAREGIVERS. PROJECTS. which would be provided by the proposed (a) IN GENERAL.—Section 471(a)(19) of the (a) IN GENERAL.—Part E of title IV of the project (which shall provide, where appro- Social Security Act (42 U.S.C. 671(a)(19), as Social Security Act (42 U.S.C. 670–679) is priate, for random assignment of children redesignated by section 1(b)(3)(C), is amend- amended by inserting after section 477 the and families to groups served under the ed to read as follows: following: project and to control groups); ‘‘(19) provides that the State shall, with re- ‘‘SEC. 478. KINSHIP CARE DEMONSTRATION ‘‘(2) a statement of the period during which spect to an adult relative caregiver for a PROJECTS. the proposed project would be conducted, and child— ‘‘(a) PURPOSE.—The purpose of this section how, at the termination of the project, the ‘‘(A) provide that relative caregiver with is to allow and encourage States to develop safety and stability of the children and fami- notice of, and an opportunity to be heard in, effective alternatives to foster care for chil- lies who participated in the project will be any dispositional hearing or administrative dren who might be eligible for foster care but protected; review held with respect to the child; and who have adult relatives who can provide ‘‘(3) a discussion of the benefits that are ‘‘(B) give preference to that relative safe and appropriate care for the child. expected from the proposed project (com- caregiver over a non-related caregiver when ‘‘(b) DEMONSTRATION AUTHORITY.—The Sec- pared to a continuation of activities under determining a placement for a child, pro- retary may authorize any State to conduct a the State plan approved under this part); vided that the relative caregiver meets all demonstration project designed to determine ‘‘(4) an estimate of the savings to the State relevant State child protection standards, whether it is feasible to establish kinship of the proposed project; and that placement with the relative care as an alternative to foster care for a ‘‘(5) a statement of program requirements caregiver would be consistent with the safe- child who— for which waivers would be needed to permit ty needs of the child.’’. ‘‘(1) has been removed from home as a re- the proposed project to be conducted; (b) EFFECTIVE DATE.—The amendment sult of a judicial determination that con- ‘‘(6) a description of the proposed evalua- made by subsection (a) takes effect on Octo- tinuation in the home would be contrary to tion design; and ber 1, 1997.∑ the welfare of the child; ‘‘(7) such additional information as the ‘‘(2) would otherwise be placed in foster Secretary may require. By Mr. ASHCROFT: care; and ‘‘(j) STATE EVALUATIONS AND REPORTS.— S. 825. A bill to provide for violent ‘‘(3) has adult relatives willing to provide Each State authorized to conduct a dem- and repeat juvenile offender account- safe and appropriate care for the child. onstration project under this section shall— ability, and for other purposes; to the ‘‘(c) KINSHIP CARE DEFINED.—As used in ‘‘(1) obtain an evaluation by an independ- Committee on the Judiciary. this section, the term ‘kinship care’ means ent contractor of the effectiveness of the safe and appropriate care (including long- project, using an evaluation design approved THE PROTECT CHILDREN FROM VIOLENCE ACT term care) of a child by 1 or more adult rel- by the Secretary which provides for— Mr. ASHCROFT. Mr. President, yes- atives of the child who have legal custody of ‘‘(A) comparison of outcomes for children terday’s Washington Post reported a the child, or physical custody of the child and families (and groups of children and fam- decrease in crime nationwide. The Post June 3, 1997 CONGRESSIONAL RECORD — SENATE S5255 also reported that Attorney General In order to do this, we must also en- wearing an electronic monitoring Reno and President Clinton quickly sure that our law enforcement officials, ankle bracelet. Can you imagine being stepped up to take credit for this news. courts and schools have clear lines of that teacher and having to turn But in this same article James Alan communications and access to the around—back to the class—to write on Fox, dean of Northeastern University’s records of violent juvenile offenders. the chalk board not knowing whether college of criminal justice, suggested This bill does this by requiring the that student was a rapist, or even a that the decreasing crime numbers fingerprinting and photographing of ju- murderer? were more a function of demographics. veniles found guilty of crimes that School officials need access to juve- According to Dean Fox, ‘‘The aging of would be felonies if committed by an nile criminal records so that they can a large segment of the population has adult. The bill would also ensure that keep a close eye on potentially dan- played a key role in the decline. Adults those records are made available to gerous predators and take preventive tend to be less violent than juveniles.’’ Federal and State law enforcement of- measures. Judicial and law enforce- But if crime statistics are, indeed, a ficials and school officials, so they will ment authorities need this information function of demographics, then the de- know who they are dealing with when because it is vital to the protection of mographics suggest that the juvenile they confront a dangerous juvenile of- public safety. crime rates will continue to rise. As fender. In addition to requiring that Federal Dean Fox indicated, the juvenile popu- Typically, State statutes seal juve- and State prosecutors try violent juve- lation will grow over the next decade. nile criminal records and expunge nile offenders as adults and increasing The available numbers confirm that those records when the juvenile recordkeeping and sharing capability, the rate of violent juvenile crimes is reaches age 18. Today’s young criminal this bill also enhances the Federal increasing. The Washington Post also predators understand that when they criminal penalties for those adults who mentioned that between 1985 and 1995, reach their 18th birthday, they can seek to lure juveniles into criminal ac- the number of murders committed by begin their second career as adult tivity or drug use. juveniles increased 145 percent. And criminals with an unblemished record. For example, any adult who distrib- criminologist suggest that the baby The time has come to discard anachro- utes drugs to a minor, traffics in drugs boom of the 1980’s will bring tidalwave nistic idea that crimes committed by in or near a school, or uses minors to of vicious violent youth onto our juveniles must be kept confidential, no distribute drugs would face a minimum 3-year jail sentence—as compared to streets. matter how heinous the crime. Mr. President, today, I am introduc- Our law enforcement agencies, the 1-year minimum under current law. This bill also doubles the maximum ing legislation to protect our children courts, and school officials need im- jail time and fines for adults who use from people who would lead them proved access to juvenile records so minors in crimes of violence. The sec- astray and from those who are dan- that they have the tools to deal with ond time the adult hides behind the ju- gerous in our midst. the exponential increase in the sever- venile status of a child by using him to The dangerous environment in which ity and frequency of juvenile crimes. commit a crime, the adult faces a tri- our children live today dictates that For too long, law enforcement offi- pling of the maximum sentence, and we make several fundamental changes cers have operated in the dark. Our po- in the way we treat dangerous, violent fine. lice departments need to have access to Furthermore, the Protect Children juveniles and those people—juveniles the prior juvenile criminal records of from Violence Act elevates a Federal and adults, alike—who lure our chil- individuals to assist them in criminal crime the recruiting of minors to par- dren into drugs and gangs. We must investigations and apprehension. ticipate in gang activity. Under this come down harder on juveniles who According to Police Chief David G. legislation, those gangsters who lure commit serious violent crimes—incar- Walchak, who is immediate past presi- our children into gangs will face a Fed- cerating them and trying them as dent of the International Association eral prosecutor and a Federal peniten- adults—and we must improve our rec- of Chiefs of Police, law enforcement of- tiary. ordkeeping capability for these dan- ficials are in desperate need of access A 1993 survey reported an estimated gerous juveniles so that courts, police to juvenile criminal records. The police 4,881 gangs with 249,324 gang members officers, and schools know when they chief has said, ‘‘Current juvenile in the United States. Those figures are have a potential killer in their midst. records—both arrest and adjudication— disturbing enough. But a second study, Furthermore, we must punish severely are inconsistent across the States, and conducted just 2 years later, found that those adults who seek to corrupt our are usually unavailable to the various the number of gangs had increased kids by luring them into gangs, drugs, programs’ staff who work with youth- more than fourfold, with 23,388 gangs and a life of crime. ful offenders.’’ claiming over 650,000 members. We This bill, the Protect Children from Chief Walchak also notes that ‘‘If we need legislation to stem this rising Violence Act, will update our current [in law enforcement] don’t know who tide. juvenile justice laws to reflect the new the youthful offenders are, we can’t ap- Let me quickly recap the highlights vicious nature of today’s teen crimi- propriately intervene.’’ of this legislation. In order to qualify nals. Chief Walchak is not the only one for incentive grants, States would be The act has several components, but saying this. Law enforcement officers required to try juveniles as adults if first and foremost it would require in my home State have told me that they commit certain violent crimes Federal prosecutors and States, in when they arrest juveniles they have such as rape and murder. States also order to qualify for $750 million in new no idea with whom they are dealing be- would have to fingerprint and keep incentive grants, to try as adults those cause the records are kept confidential. records on juveniles who commit juveniles 14 and older who commit seri- School officials, as well as courts and crimes that would be felonies if com- ous violent offenses, such as rape or law enforcement officials, need access mitted by adults, and States must murder. There is nothing juvenile to juvenile criminal records to assist allow public access to juvenile criminal about these crimes, and the perpetra- them in providing for the best interests records of repeat juvenile offenders. tors must be treated and tried as of all students and preventing more These same provisions would apply to adults. tragedies. Federal law enforcement officials. To Some of the laws on the books inad- The decline in school safety across protect our children from adults who vertently pervert the direction of the the country can be attributed to a sig- prey on them, this bill doubles and tri- law enforcement system, offering more nificant degree to laws that put the ples the jail time for those convicted of protections to the perpetrators, than protection of dangerous students ahead using a juvenile to commit a violent to the public. This must cease. of protecting the innocent—those that crime or to distribute drugs. Anyone Strengthening our juvenile justice laws go to school to learn, not to rape, caught dealing drugs to minors or near is the first line of defense in protecting maim, and murder. a school will face three times the pen- the public and providing greater pro- While visiting with school officials in alty under current law. tection for innocent children than for Sikeston, MO, a teacher told me how This bill is a reasonable and prudent violent criminals. one of her students came to school response to the threat that violent S5256 CONGRESSIONAL RECORD — SENATE June 3, 1997 youths, and the adults that lead them any flight that originates in the United tobacco, within the facility and on facility into life of crime, pose to our children. States, and lands in a foreign country. property within the immediate vicinity of The moneys authorized will be used to Americans should be able to travel the entrance to the facility; and deter and incarcerate violent juvenile abroad with the peace of mind that ‘‘(2) post a clear and prominent notice of the smoking prohibition in appropriate and criminals, not just to provide for more they will not be locked into a poison- visible locations at the public facility. midnight basketball and prevention ous cabin for 10 or 15 hours, and flight The policy may provide an exception to the programs—the situation, and our fu- attendants will not have to worry that prohibition specified in paragraph (1) for one ture, demands more that that. We need they will increase their risk of heart or more specially designated smoking areas to take into account the needs of the disease almost twofold by simply per- within a public facility if such area or areas innocent children—not sacrifice their forming their job. meet the requirements of subsection (c). protection in the name of privacy of Mr. President, yesterday, a trial ‘‘(c) SPECIALLY DESIGNATED SMOKING violent juvenile perpetrators. opened in Miami, in which flight at- AREAS.—A specially designated smoking area meets the requirements of this sub- tendants sued the tobacco industry By Mr. LAUTENBERG (for him- section if it satisfies each of the following over health injuries caused by exposure conditions: self, Mr. DURBIN and Mr. to secondhand smoke before the pas- ‘‘(1) The area is ventilated in accordance KERRY): sage of my law banning smoking on do- with specifications promulgated by the Ad- S. 826. A bill to amend the Public mestic flights. These flight attendants ministrator that ensure that air from the Health Service Act to protect the pub- have a legitimate case, and it is time area is directly exhausted to the outside and lic from health hazards caused by expo- to prevent similar litigation in the fu- does not recirculate or drift to other areas sure to environmental tobacco smoke, ture by cleaning all the air in the within the public facility. and for other purposes; to the Commit- ‘‘(2) Nonsmoking individuals do not have skies, in Government offices, in stores, tee on Environment and Public Works. to enter the area for any purpose. and in all of our places of work. THE SMOKE-FREE ENVIRONMENT ACT OF 1997 ‘‘(3) Children under the age of 15 are pro- Mr. President, nonsmokers never hibited from entering the area. ∑ Mr. LAUTENBERG. Mr. President, I choose to be exposed to tobacco smoke. introduce the Smoke-Free Environ- ‘‘SEC. 2802. CITIZEN ACTIONS. The smoke of a cigarette is not only ‘‘(a) IN GENERAL.—An action may be ment Act of 1997. This bill will help de- harming the smoker, but also severely brought to enforce the requirements of this crease the death rates from a toxic pol- injuring others with secondhand title by any aggrieved person, any State or lutant that exists in the air of our Na- smoke. local government agency, or the Adminis- tion’s factories, office buildings, retail Multiple studies have shown that trator. stores, and Government facilities. I am ‘‘(b) VENUE.—Any action to enforce this regular exposure to secondhand smoke title may be brought in any United States speaking of secondhand smoke from results in the following for non- cigarettes and other tobacco products, district court for the district in which the smokers: Damage to the arteries, re- defendant resides or is doing business to en- which kills tens of thousands of Ameri- duction of oxygen supply in the body, join any violation of this title or to impose cans each year. and increases in the tendency of blood a civil penalty for any such violation in the A recent study put an end to the to- platelet to stick together and clot. amount of not more than $5,000 per day of bacco industry’s distortions and misin- Mr. President, how can we speak violation. The district courts shall have ju- formation on this issue. A Harvard risdiction, without regard to the amount in about the importance of children’s University study which tracked 32,000 controversy or the citizenship of the parties, health while our kids are being exposed nonsmoking women for 10 years found to enforce this title and to impose civil pen- to this deadly smoke. It is time for that regular exposure at home or at alties under this title. Congress to get serious about the ‘‘(c) NOTICE.—An aggrieved person shall work to secondhand smoke nearly dou- health crisis caused by secondhand give any alleged violator notice of at least 60 bled their risk of heart disease. days prior to commencing an action under Mr. President, we have been aware of smoke, and pass the Smoke-Free Envi- ronment Act. this section. No action may be commenced the risk of lung cancer from second- by an aggrieved person under this section if hand smoke for several years now, but Mr. President, I ask unanimous con- such alleged violator complies with the re- this study confirms what many have sent that a copy of the bill be inserted quirements of this title within such 60-day suspected about the link between sec- into the RECORD. I also ask unanimous period and thereafter. ondhand smoke and heart disease. The consent that a New York Times article ‘‘(d) COSTS.—The court, in issuing any final order in any action brought pursuant to this results of this study means that ap- on the Harvard study be inserted into the RECORD. section, may award costs of litigation (in- proximately 50,000 fatal heart attacks cluding reasonable attorney and expert wit- each year are caused by exposure to to- There being no objection, the mate- rial was ordered to be printed in the ness fees) to any prevailing party, whenever bacco smoke. the court determines such award is appro- My bill would require that every RECORD, as follows: priate. building—both Government and pri- S. 826 ‘‘(e) PENALTIES.—The court in any action vate—protect Americans from exposure Be it enacted by the Senate and House of Rep- under this section to apply civil penalties to secondhand smoke. It can be accom- resentatives of the United States of America in shall have discretion to order that such civil plished in one of two ways. The build- Congress assembled, penalties be used for projects that further SECTION 1. SHORT TITLE. the policies of this title. The court shall ob- ing could either ban smoking alto- tain the view of the Administrator in exer- gether or set up smoking rooms that This Act may be cited as the ‘‘Smoke-Free Environment Act of 1997’’. cising such discretion and selecting any such are separately ventilated from the rest SEC. 2. SMOKE-FREE ENVIRONMENT POLICY. projects. of the building. ‘‘(f) DAMAGES.—No damages of any kind, The Public Health Service Act (42 U.S.C. whether compensatory or punitive, shall be Mr. President, the bill also would fin- 201 et seq.) is amended by adding at the end awarded in actions brought pursuant to this ish a job I started with Senator DURBIN the following: 10 years ago. In 1987, we banned smok- title. ‘‘TITLE XXVIII—SMOKE-FREE ing on domestic airline flights of 2 ‘‘(g) ISOLATED INCIDENTS.—Violations of ENVIRONMENTS the prohibition specified in section 2801(b)(1) hours or less. In 1989, we extended that ‘‘SEC. 2801. SMOKE-FREE ENVIRONMENT POLICY. by an individual within a public facility or ban to flights of 6 hours or less. ‘‘(a) POLICY REQUIRED.—In order to protect on facility property shall not be considered The smoking ban has been a tremen- children and adults from cancer, respiratory violations of this title on the part of the re- dous success. Passengers have been so disease, heart disease, and other adverse sponsible entity if such violations— pleased by a smokefree environment in health effects from breathing environmental ‘‘(1) are isolated incidents that are not part the air that many airlines have volun- tobacco smoke, the responsible entity for of a pattern of violations of such prohibition; tarily extended the ban to all domestic each public facility shall adopt and imple- and flights and international flights. How- ment at such facility a smoke-free environ- ‘‘(2) are not authorized by the responsible ever, some airlines have not, and many ment policy which meets the requirements entity. of subsection (b). ‘‘SEC. 2803. PREEMPTION. passengers and flight attendants are ‘‘(b) ELEMENTS OF POLICY.—Each smoke- ‘‘Nothing in this title shall preempt or oth- still subjected to dangerous second- free environment policy for a public facility erwise affect any other Federal, State or hand smoke on airplanes. shall— local law which provides protection from Mr. President, the Smoke-Free Envi- ‘‘(1) prohibit the smoking of cigarettes, ci- health hazards from environmental tobacco ronment Act will also ban smoking on gars, and pipes, and any other combustion of smoke. June 3, 1997 CONGRESSIONAL RECORD — SENATE S5257 ‘‘SEC. 2804. REGULATIONS. The women in the study, who ranged in age The women who reported being exposed ‘‘The Administrator is authorized to pro- from 36 to 61 when the study began, suffered regularly to cigarette smoke at home or mulgate such regulations as the Adminis- 152 heart attacks, 25 of them fatal. The re- work had a 91 percent higher risk of heart at- trator deems necessary to carry out this sults mean that ‘‘there may be up to 50,000 tack than those with no exposure. Even title. Americans dying of heart attacks from pas- though the women worked in hospitals some ‘‘SEC. 2805. EFFECTIVE DATE. sive smoking each year,’’ said Dr. Ichiro were exposed to smoke on the job because at ‘‘The requirements of this title shall take Kawachi, an assistant professor of health the time of the study many hospitals allowed effect on the date that is 1 year after the and social behavior at the Harvard School of smoking in certain areas. The study was set date of the enactment of the Smoke-Free En- Public Health and the lead author of the up to make sure that other risk factors like vironment Act of 1997. study, which was published in the journal diabetes and high blood pressure did not ac- ‘‘SEC. 2806. DEFINITIONS. Circulation. count for the difference between the two ‘‘In this title: By contrast, lung cancer deaths from pas- groups. Laboratory studies of the effects of passive ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- sive smoking are estimated to be far fewer, smoke on the body support the survey find- trator’ means the Administrator of the Envi- at 3,000 to 4,000 a year. Because heart disease is much more common than lung cancer, ings, Glantz said. ronmental Protection Agency. In studies of both people and animals. even a small increase in risk can cause many ‘‘(2) PUBLIC FACILITY.—The term ‘public fa- Glantz and other researchers have identified cility’ means any building regularly entered deaths. Before this study, it was known that pas- several ways in which the chemicals in sec- by 10 or more individuals at least one day ondhand smoke can contribute to heart dis- sive smoking caused increased risk for sev- per week, including any such building owned ease. Besides reducing a person’s oxygen sup- eral ailments, including asthma and bron- by or leased to a Federal, State, or local gov- ply, the substances damage arteries, lower chitis, as well as middle-ear infections in ernment entity. Such term shall not include levels of the beneficial form of cholesterol young children. But the increased risk for any building or portion thereof regularly known as HDL and increase the tendency of used for residential purposes. heath disease had been estimated at about 30 blood platelets to stick to one another and ‘‘(3) RESPONSIBLE ENTITY.—The term ‘re- percent. form clots that can trigger a heart attack. A ‘‘This is a very important study,’ said Dr. sponsible entity’ means, with respect to any study last year of healthy teen-agers and public facility, the owner of such facility, ex- Stanton Glantz, a professor of medicine at adults exposed to passive smoking for an cept that in the case of any such facility or the University of California at San Fran- hour or more a day detected artery damage. portion thereof which is leased, such term cisco, who has done extensive research on The higher the exposure was, the greater the means the lessee.’’. passive smoking but who was not involved in damage. SEC. 3. PROHIBITIONS AGAINST SMOKING ON the Harvard study. ‘‘It’s exceptionally strong But once the exposure ceases, the damage SCHEDULED FLIGHTS. and from a very solid group.’’ Glantz also may quickly heal. (a) IN GENERAL.—Section 41706 of title 49, praised the Harvard team for what he called ‘‘In active smokers, the risk of heart dis- United States Code, is amended to read as its careful analysis of workplace exposure to ease drops immediately,’’ half of the way to follows: smoke, which had rarely been done before. that of a nonsmoker within a year, Glantz :‘That’s important because of the effort to ‘‘§ 41706. Prohibitions against smoking on said. ‘‘It never gets quite back to the non- create laws controlling smoking in the work- scheduled flights smoker’s level, but it comes close,’’ he said. place,’’ he said. ‘‘One would expect the same to be true for ‘‘(a) SMOKING PROHIBITION IN INTRASTATE Although the federal Occupational Safety passive smoking.’’ AND INTERSTATE AIR TRANSPORTATION.—An and Health Administration has proposed na- The Harvard study may supply ammuni- individual may not smoke in an aircraft on tionwide workplace rules, they are not yet in tion for more lawsuit against the tobacco in- a scheduled airline flight segment in inter- effect. Regulations vary by state or city. dustry. state air transportation or intrastate air ‘‘This study will be of enormous help to ‘‘I think it could have very profound impli- transportation. legislative bodies, statewide and locally, who cations legally,’’ said John Banzhaf, a law ‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR are trying to get limits on smoking, espe- professor at George Washington University TRANSPORTATION.—The Secretary of Trans- cially in controversial areas like restaurants and executive director of Action on Smoking portation shall require all air carriers and and bars, where the tobacco industry has and Health, an antismoking group. ‘‘We now foreign air carriers to prohibit, on and after worked closely with restaurant associations have proof which will meet the legal thresh- the 120th day following the date of the enact- to block legislation to make these places go old requirement. In an ordinary civil suit, ment of the Smoke-Free Environment Act of smoke free,’’ said Edward Sweda, a senior you have to prove something by what we call 1997, smoking in any aircraft on a scheduled lawyer with the Tobacco Control Resource a preponderance of evidence, which means airline flight segment within the United Center at Northeastern University in Bos- it’s more probable than not.’’ States or between a place in the United ton. The doubling of risk shown on Tuesday’s States and a place outside the United States. The study may be particularly pertinent study satisfied that requirement, Banzhaf ‘‘(c) LIMITATION ON APPLICABILITY.—With for one lawsuit. said, adding, ‘‘You’re right in that striking respect to an aircraft operated by a foreign ‘‘From our standpoint, that’s a wonderful range with regard to the quantum of proof air carrier, the smoking prohibitions con- study,’’ said Stanley Rosenblatt, a Miami which we need.’’ tained in subsections (a) and (b) shall apply lawyer representing flight attendants in a Because passive smoke can cause heart only to the passenger cabin and lavatory of class-action suit against tobacco companies problems more quickly than it causes lung the aircraft. that will go to trial on June 2. cancer, Banzhaf said, it will be easier to ‘‘(d) REGULATIONS.—The Secretary shall That suit is the first class-action suit prove the connection to juries. prescribe regulations necessary to carry out based on the effects of secondhand smoke. The study may also affect negotiations be- this section.’’. The case could ultimately involve 60,000 tween Northwest Airlines and its flight at- (b) EFFECTIVE DATE.—The amendment former and current flight attendants, who tendants. The airline still allows smoking on made by subsection (a) shall take effect on will be seeking billions in damages, many of its flights to Japan and has stated the 60th day following the date of the enact- Rosenblatt said. The attendants contend that it will continue to even after other ment of this Act. they were harmed by smoke in airplane cab- American carriers ban smoking on those ins when smoking was legal on most flights. routes in July. [From the New York Times News Service, Most of the plaintiffs have had lung cancer Flight attendants have protested the deci- May 20, 1997] sion, but a spokesman for Northwest, John or respiratory ailments. STUDY FINDS SECONDHAND SMOKE DOUBLES The Philip Morris Cos., which is named in Austin, said the airline would maintain a HEART DISEASE the flight attendants’ suit, declined to com- smoking section because its major competi- (By Denise Grady) ment on the study. The Tobacco Institute, tor on those flights, Japan Air Lines, per- an industry group, said it could not com- mitted smoking. Secondhand cigarette smoke is more dan- ‘‘We believe that absent a smoking section ment on the study because it has not seen a gerous than previously thought, Harvard re- we’ll lose quite a bit of business in Japan,’’ copy of it. searchers are reporting on Tuesday in a Austin said. But he added that Northwest’s The data being reported on Tuesday are study with broad implications for public management had not yet seen the Harvard from the Nurses’ Health Study, a project health policy and probable direct impact on study. ‘‘It’ll certainly factor in,’’ he said. that began in 1976 with 121,700 female nurses at least one major lawsuit. ‘‘But it’s hard to say what the impact will The 10-year study, which tracked more filling out detailed surveys every two years be.’’∑ than 32,000 healthy women who never about their health and habits. To measure smoked, has found that regular exposure to the effects of passive smoking, the research- By Mr. DURBIN (for himself and other peoples’ smoking at home or work al- ers asked the women in 1982 about their ex- Mr. LAUTENBERG): most doubled the risk of heart disease. posure, and then monitored new cases of Many earlier studies have linked second- heart disease for the next decade. The analy- S. 828. A bill to provide for the reduc- hand smoke to heart disease, but the new sis did not include all the study participants, tion in the number of children who use findings show the biggest increase in risk but only the 32,046 who had never smoked tobacco products, and for other pur- ever reported, and the researchers say that it and who at the onset did not have heart dis- poses; to the Committee on Commerce, applies equally to men and women. ease or cancer. Science, and Transportation. S5258 CONGRESSIONAL RECORD — SENATE June 3, 1997 THE NO TOBACCO FOR KIDS ACT In the past, every child hooked on to- (A) 10 percent of the manufacturer’s base- Mr. DURBIN. Mr. President, for more bacco was a new profit center for the line level; or than 5 years now, the tobacco compa- tobacco industry. This legislation to- (B) the de minimis level; nies have said repeatedly, ‘‘We do not tally reverses the incentives for mar- whichever is greater. (b) PERFORMANCE STANDARDS FOR NEW want to sell our products to kids.’’ keting to children. When this measure MANUFACTURERS.—Any manufacturer of a to- They have bought full page ads in the becomes law, every new child who bacco product which begins to manufacture a Washington Post, the New York Times, picks up a cigarette or pockets a can of tobacco product after the date of the enact- and the Wall Street Journal, saying spit tobacco will become an economic ment of this Act shall ensure that the num- that they adamantly oppose the sale of loss to the company whose products ber of children determined to have used the tobacco to kids. the child chooses. With that reversal, manufacturer’s tobacco products in each an- I don’t know many kids who read the the tobacco companies will have a nual performance survey conducted after the manufacturer begins to manufacture tobacco Wall Street Journal, the New York strong economic incentive to stop mar- Times, or the Washington Post. What products is equal to or less than the de keting to children. minimis level. the tobacco companies have been doing Mr. President, this legislation could (c) DE MINIMIS LEVEL.—The de minimis is creating a sham that they are seri- be one the simplest yet most effective level shall be 0.5 percent of the total number ous about reducing sales to kids. steps we can take to reduce teenage to- of children determined to have used tobacco Let’s take a look at the record. From bacco use. I invite my colleagues to co- products in the first annual performance sur- 1991 to 1996, the percentage of children sponsor the NO Tobacco For Kids Act vey. who use tobacco increased by almost 50 and help us put in place clear perform- SEC. 4. NONCOMPLIANCE. percent. This means that, at the same ance standards for the tobacco indus- (a) FIRST VIOLATION.—If a manufacturer of time the tobacco companies have been a tobacco product violates a performance try to stop selling their products to mi- standard, the manufacturer shall pay a non- saying they are dedicated to reducing nors. compliance fee of $1 for each unit of its to- the illegal sales of tobacco to kids, I ask unanimous consent that a sum- bacco product which is distributed for more and more children have been buy- mary of this bill and the text of the bill consumer use in the year following the year ing the tobacco products those compa- appear in the RECORD. in which the performance standard is vio- nies sell. There being no objection, the bill was lated. That is not an accident. This multi- ordered to be printed in the RECORD, as (b) FEE INCREASE FOR SUBSEQUENT VIOLA- billion dollar industry is made up of to- follows: TIONS.—If a manufacturer violates the per- bacco companies that design their mar- formance standards in 2 or more consecutive S. 828 years, the noncompliance fee for such manu- keting and advertising to lure new cus- Be it enacted by the Senate and House of Rep- facturer shall be increased by $1 for each tomers into this addiction. The fact resentatives of the United States of America in consecutive violation for each unit of its to- that more and more children are smok- Congress assembled, bacco product which is distributed for ing is clear evidence that the tobacco SECTION 1. SHORT TITLE. consumer use. companies have failed, once again, to This Act may be cited as the ‘‘NO Tobacco (c) REDUCTION IN NONCOMPLIANCE FEE.—If a tell the truth. They need these new, for Kids Act’’. manufacturer achieves more than 90 percent young customers to prop up their prof- SEC. 2. CHILD TOBACCO USE SURVEYS. of the reduction in the number of children its as older customers die or quit using (a) ANNUAL PERFORMANCE SURVEY.—Not who use its tobacco products that is required later than 1 year after the date of the enact- under the applicable performance standard, tobacco. And they continue to do what ment of this Act and annually thereafter the the noncompliance fee required to be paid by it takes to secure a new generation of Secretary shall conduct a survey to deter- the manufacturer shall be reduced on a pro young people who are becoming hooked mine the number of children who used each rata basis such that there shall be a non- on their products. manufacturer’s tobacco products within the compliance fee reduction of 10 percent for Today, I am introducing, along with past 30 days. each percentage point over 90 percent Senator FRANK LAUTENBERG and Con- (b) BASELINE LEVEL.—The baseline level of achieved by the manufacturer. gressman HENRY WAXMAN, a new piece child tobacco product use of a manufacturer (d) PAYMENT.—The noncompliance fee to be of legislation that says the only honest is the number of children determined to have paid by a manufacturer shall be paid on a way to approach the reduction of to- used the tobacco products of such manufac- quarterly basis, with the payments due with- turer in the first annual performance survey. in 30 days after the end of each calendar bacco sales to children is to make the SEC. 3. GRADUATED PERFORMANCE STANDARDS. quarter. tobacco companies put their profits on (a) PERFORMANCE STANDARDS FOR EXISTING SEC. 5. USE OF NONCOMPLIANCE FEE. the line. MANUFACTURERS.—Each manufacturer which (a) FUNDS FOR ENFORCEMENT AND EDU- The NO Tobacco For Kids Act says manufactured a tobacco product on or before CATION.—The first $1,000,000,000 of noncompli- we will do a survey of the tobacco prod- the date of the enactment of this Act shall ance fees collected in any fiscal year shall go ucts for sale and find out how many reduce the number of children who use its to- into a Tobacco Enforcement and Education children are using those products and bacco products so that the number of chil- Fund in the United States Treasury. Fees in what brands they are using. Then, each dren determined to have used its tobacco such fund shall be available to the Secretary, year, we will update that survey to see products on the basis of— without fiscal year limitation, to enforce which products continue to be pur- (1) the second annual performance survey this Act and other Federal laws relating to is equal to or less than— tobacco use by children and for public edu- chased by children. Those companies (A) 80 percent of the manufacturer’s base- cation to discourage children from using to- that continue to sell their products to line level; or bacco products. children will face a fine of $1 a pack on (B) the de minimis level; (b) FUNDS FOR THE TREASURY.—Any all their sales if they don’t reduce the whichever is greater; amount of noncompliance fees collected in number of children using their brands (2) the third annual performance survey is any fiscal year which exceeds $1,000,000,000 in steps to reach a reduction of 90 per- equal to or less than— shall be paid into the United States Treas- cent over the next 6 years. Since cur- (A) 60 percent of the manufacturer’s base- ury. rent childhood users will cycle out of line level; or SEC. 6. JUDICIAL REVIEW. the underage population over that (B) the de minimis level; A manufacturer of tobacco products may whichever is greater; seek judicial review of any action under this time, this measure will give the to- (3) the fourth annual performance survey is Act only after a noncompliance fee has been bacco companies a chance to show equal to or less than— assessed and paid by the manufacturer and whether they are serious about reduc- (A) 40 percent of the manufacturer’s base- only in the United States District Court for ing the use of tobacco products by kids. line level; or the District of Columbia. In an action by a Unless the tobacco companies have (B) the de minimis level; manufacturer seeking judicial review of an their profits on the line, we will con- whichever is greater; annual performance survey, the manufac- tinue to get cheap talk from them (4) the fifth annual performance survey is turer may prevail— about stopping sales to kids. This bill equal to or less than— (1) only if the manufacturer shows that the puts teeth into the campaign to stop (A) 20 percent of the manufacturer’s base- results of the performance survey were arbi- line level; or trary and capricious; and selling tobacco products to children. It (B) the de minimis level; (2) only to the extent that the manufac- sets a very simple standard for the to- whichever is greater; and turer shows that it would have been required bacco companies: stop selling ciga- (5) the sixth annual performance survey to pay a lesser noncompliance fee if the re- rettes and spit tobacco to children, or and each annual performance survey con- sults of the performance survey were not ar- pay the consequences. ducted thereafter is equal to or less than— bitrary and capricious. June 3, 1997 CONGRESSIONAL RECORD — SENATE S5259 SEC. 7. ENFORCEMENT. rent number of youth smokers—will be fuel vehicles. The role of the Federal Section 301 of the Federal Food, Drug, and deemed in compliance. Government should be to encourage Cosmetic Act (28 U.S.C. 331) is amended by If a manufacturer violates the performance the market for these vehicles for a lim- adding at the end the following: standard, that manufacturer must pay a non- ‘‘(x) The failure to pay any noncompliance compliance fee of $1 per pack, pouch, can, et ited period of time with tax incentives. fee required under the NO Tobacco for Kids cetera, on all of their tobacco sales in the The Clean Fuel Vehicle Act would Act.’’. subsequent year—not just on sales to youth. make it easier for both individual car SEC. 8. PREEMPTION. If the manufacturer violates the perform- buyers and government purchasers of Nothing in this Act shall preempt or other- ance standard for 2 or more consecutive auto fleets to purchase clean fuel vehi- wise affect any other Federal, State, or local years, the noncompliance fee is increased by cles. In summary, the bill repeals the law or regulation which reduces the use of $1 for each consecutive year of violation. A luxury excise tax on clean fuel vehi- tobacco products by children. manufacturer who comes within 10 percent cles—a $320 savings this year on a SEC. 9. DEFINITIONS. of the required reduction for a particular $40,000, factory-built electric vehicle, In this Act: year will have its noncompliance fee reduced and repeals the luxury tax depreciation (1) CHILDREN.—The term ‘‘children’’ means on a pro rata basis. individuals under the age of 18. The first $1 billion of noncompliance fees cap. It provides a full tax credit of (2) CIGARETTE.—The term ‘‘cigarette’’ has collected in any fiscal year will go into a $4,000 on the purchase of an electric ve- the same meaning given such term by sec- fund for enforcement and public education to hicle. It allows companies which lease tion 3(1) of the Federal Cigarette Labeling discourage children from using tobacco prod- electric vehicles to government agen- and Advertising Act (15 U.S.C. 1332(1)). ucts. Any additional fees will go to the cies to take advantage of the tax incen- (3) CIGARETTE TOBACCO.—The term ‘‘ciga- Treasury for deficit reduction. tives and pass on the savings. It makes rette tobacco’’ means any product that con- By Mrs. BOXER (for herself, Mrs. electric buses and other heavy duty sists of loose tobacco that contains or deliv- electric vehicles eligible for the same ers nicotine and is intended for use by con- FEINSTEIN and Mr. KENNEDY): sumers in a cigarette. S. 829. A bill to amend the Internal tax deduction already in place for (4) MANUFACTURE.—The term ‘‘manufac- Revenue Code of 1986 to encourage the other clean fuel buses and heavy duty ture’’ means the manufacturing, including production and use of clean-fuel vehi- equipment. It lowers the excise tax on repacking or relabeling, fabrication, assem- cles, and for other purposes; to the liquified natural gas—used in heavy ve- bly, processing, labeling, or importing of a Committee on Finance. hicles such as tractor-trailer rigs and tobacco product. THE CLEAN-FUEL VEHICLE ACT OF 1997 buses—to the gasoline gallon equiva- (5) MANUFACTURER.—The term ‘‘manufac- lent of compressed natural gas so that turer’’ means any person who manufactures Mrs. BOXER. Mr. President, today I am introducing the Clean Fuel Vehicle it can be competitive with diesel fuel. a tobacco product. And, it sunsets all these tax incentives (6) SECRETARY.—The term ‘‘Secretary’’ Act of 1997 to provide a program of tax means the Secretary of Health and Human incentives and other changes to pro- by January 1, 2005. Services. mote the use of clean fuel vehicles. I According to estimates by the Joint (7) SMOKELESS TOBACCO.—The term believe that, as a U.S. Senator, I have Committee on Taxation, the bill would ‘‘smokeless tobacco’’ has the same meaning no greater responsibility than to sup- cost only about $22 million over 5 given such term by section 9(1) of the Com- port policies that will protect the years. My bill is endorsed by the Union prehensive Smokeless Tobacco Education of Concerned Scientists, the Electric health and safety of the American peo- Act of 1986 (15 U.S.C. 4408(1)). Transportation Coaltion, and the Natu- ple. Today, I want to tell you why I be- (8) TOBACCO PRODUCT.—The term ‘‘tobacco ral Gas Vehicle/USA. product’’ means a cigarette, cigarette to- lieve that my bill, the Clean Fuel Vehi- Mr. President, I ask unanimous con- bacco, or smokeless tobacco. cle Act, is an important part of meet- sent that the text of the bill be printed (9) UNIT.—The term ‘‘unit’’ when used in ing that responsibility. connection with a tobacco product means 20 in the RECORD. More than 43 million people in the There being no objection, the bill was cigarettes in the case of cigarettes and the United States live in areas that fail to smallest amount of tobacco distributed by a ordered to be printed in the RECORD, as meet EPA’s air quality standards for follows: manufacturer for consumer use in the case of carbon monoxide. We have 13 million any other tobacco product. S. 829 people in nonattainment areas for ni- Be it enacted by the Senate and House of Rep- THE NO TOBACCO FOR KIDS ACT (NOT FOR trogen oxide. And, in my State of Cali- resentatives of the United States of America in KIDS) fornia, nearly 26 million people live in Congress assembled, The NO Tobacco for Kids Act (NOT for a nonattainment area for one or more SECTION 1. SHORT TITLE; AMENDMENT OF 1986 Kids) will establish a clear performance pollutants, out of a state of nearly 32 CODE. standard for the reduction of youth smoking million people. Air pollution is a very (a) SHORT TITLE.—This Act may be cited as in America. For too many years, the tobacco serious problem. According to the EPA, the ‘‘Clean-Fuel Vehicle Act of 1997’’. companies have claimed they oppose youth (b) REFERENCE TO 1986 CODE.—Except as smoking and spit tobacco use while continu- the current annual average concentra- otherwise expressly provided, whenever in ing to hook new generations of kids on their tions of fine particulate matter in this Act an amendment or repeal is ex- deadly products. This bill sets out a schedule southeast Los Angeles County may be pressed in terms of an amendment to, or re- to reduce actual youth tobacco use and con- responsible for up to 3,000 deaths annu- peal of, a section or other provision, the ref- tains provisions that, for the first time, will ally, and more then 52,000 incidences of erence shall be considered to be made to a give individual tobacco companies an eco- respiratory symptoms including 1,000 section or other provision of the Internal nomic incentive to stop marketing their hospital admissions. Revenue Code of 1986. products to children. Specifically, the bill Young children constitute the largest SEC. 2. EXEMPTION OF ELECTRIC AND OTHER provides that: CLEAN-FUEL MOTOR VEHICLES Within 1 year after enactment, the Sec- group at high risk from exposure to air FROM LUXURY AUTOMOBILE CLAS- retary of HHS will conduct a survey to deter- pollutants. They breathe 50 percent SIFICATION. mine the number of children who used each more air by body weight than the aver- (a) IN GENERAL.—Subsection (a) of section manufacturer’s tobacco products within the age adult. In California alone there are 4001 (relating to imposition of tax) is amend- previous 30 days. over 6 million children under the age of ed to read as follows: ‘‘(a) IMPOSITION OF TAX.— Each manufacturer will then face penalties 14 and approximately 90 percent of if it does not reduce the number of children ‘‘(1) IN GENERAL.—There is hereby imposed who use its tobacco products by specified them live in areas that fail to meet on the 1st retail sale of any passenger vehi- percentages from this baseline level over the State and Federal standards. How are cle a tax equal to 10 percent of the price for succeeding years. The performance standard our children being affected? Studies which so sold to the extent such price ex- for each manufacturer is as follows: Year 1: show health effects ranging from 20 to ceeds the applicable amount. no standard, baseline survey is taken; year 2: 60 percent losses of lung capacity. ‘‘(2) APPLICABLE AMOUNT.— 20-percent reduction from the baseline; year So much of our air pollution problem ‘‘(A) IN GENERAL.—Except as provided in 3: 40-percent reduction from the baseline; comes from automobiles and other ve- subparagraphs (B) and (C), the applicable year 4: 60-percent reduction from the base- hicles that burn fossil fuel. Sixty-five amount is $30,000. ‘‘(B) QUALIFIED CLEAN-FUEL VEHICLE PROP- line; year 5: 80-percent reduction from the percent of carbon dioxide emissions baseline; year 6: 90-percent reduction from ERTY.—In the case of a passenger vehicle the baseline; and subsequent years: 90-per- and 47 percent of nitrogen oxide emis- which is propelled by a fuel which is not a cent reduction from the baseline. sions come from cars and trucks. clean-burning fuel to which is installed Manufacturers that reduce use to a de I believe we must reinvigorate—elec- qualified clean-fuel vehicle property (as de- minimus level—one-half percent of the cur- trify if you will—our efforts for clean fined in section 179A(c)(1)(A)) for purposes of S5260 CONGRESSIONAL RECORD — SENATE June 3, 1997

permitting such vehicle to be propelled by a lowed under subparagraph (A) for the recov- (2) by inserting ‘‘OR LIQUEFIED’’ after ‘‘COM- clean-burning fuel, the applicable amount is ery period determined by applying the rules PRESSED’’ in the heading. equal to the sum of— under subsections (d)(1) and (e)(3) of section (b) CONFORMING AMENDMENTS.— ‘‘(i) $30,000, plus 168.’’ (1) Paragraph (2) of section 4041(a)(2) is (b) EFFECTIVE DATE.—The amendments ‘‘(ii) the increase in the price for which the amended by striking ‘‘other than a Ker- made by this section shall apply to sales and passenger vehicle was sold (within the mean- osene’’ and inserting ‘‘other than liquefied ing of section 4002) due to the installation of installations occurring and property placed in service on or after the date of enactment natural gas, kerosene’’. such property. (2) The heading for section 9503(f)(2)(D) is ‘‘(C) PURPOSE BUILT PASSENGER VEHICLE.— of this Act and before January 1, 2005. SEC. 4. GOVERNMENTAL USE RESTRICTION amended by inserting ‘‘OR LIQUEFIED’’ after ‘‘(i) IN GENERAL.—In the case of a purpose ‘‘COMPRESSED’’. built passenger vehicle, the applicable MODIFIED FOR ELECTRIC VEHI- CLES. (c) EFFECTIVE DATE.—The amendments amount is equal to 150 percent of $30,000. (a) IN GENERAL.—Paragraph (3) of section ‘‘(ii) PURPOSE BUILT PASSENGER VEHICLE.— made by this section shall take effect on the 30(d) (relating to special rules) is amended by date of enactment of this Act. For purposes of clause (i), the term ‘purpose inserting ‘‘(without regard to paragraph built passenger vehicle’ means a passenger (4)(A)(i) thereof)’’ after ‘‘section 50(b)’’. vehicle produced by an original equipment (b) CONFORMING AMENDMENT.—Paragraph By Mr. HELMS (for himself, Mr. manufacturer and designed so that the vehi- (5) of section 179A(e) (relating to other defi- FEINGOLD, Mr. HUTCHINSON, and cle may be propelled primarily by elec- nitions and special rules) is amended by in- Mr. WELLSTONE): tricity.’’ serting ‘‘(without regard to paragraph (b) CONFORMING AMENDMENTS.— (4)(A)(i) thereof in the case of a qualified S.J. Res. 31. A joint resolution dis- (1) Subsection (e) of section 4001 (relating electric vehicle described in subclause (I) or approving the extension of nondiscrim- to inflation adjustment) is amended to read (II) of subsection (b)(1)(A)(iii) of this sec- inatory treatment (most-favored-na- as follows: tion)’’ after ‘‘section 50(b)’’. tion treatment) to the products of the (c) EFFECTIVE DATE.—The amendment ‘‘(e) INFLATION ADJUSTMENT.— People’s Republic of China; to the Com- ‘‘(1) IN GENERAL.—The $30,000 amount in made by this section shall apply to property subparagraphs (A), (B)(i), and (C)(i) of sub- placed in service on or after the date of en- mittee on Finance. section (a)(2) shall be increased by an actment of this Act. MOST-FAVORED-NATION TREATMENT SEC. 5. LARGE ELECTRIC TRUCKS, VANS, AND amount equal to— DISAPPROVAL JOINT RESOLUTION ‘‘(A) $30,000, multiplied by BUSES ELIGIBLE FOR DEDUCTION ‘‘(B) the cost-of-living adjustment under FOR CLEAN-FUEL VEHICLES. Mr. HELMS. Mr. President, in offer- (a) IN GENERAL.—Paragraph (3) of section ing this resolution, Mr. President, section 1(f)(3) for the calendar year in which 179A(c) (defining qualified clean-fuel vehicle the vehicle is sold, determined by substitut- property) is amended by inserting ‘‘, other which formally disapproves President ing ‘calendar year 1990’ for ‘calendar year than any vehicle described in subclause (I) or Clinton’s renewal of MFN for China, I 1992’ in subparagraph (B) thereof. (II) of subsection (b)(1)(A)(iii)’’ after ‘‘section am pleased that the able Senator from ‘‘(2) ROUNDING.—If any amount as adjusted 30(c))’’. Wisconsin [Mr. FEINGOLD] is a principal under paragraph (1) is not a multiple of (b) DENIAL OF CREDIT.—Subsection (c) of $2,000, such amount shall be rounded to the cosponsor of the resolution of dis- section 30 (relating to credit for qualified approval. next lowest multiple of $2,000.’’ electric vehicles)is amended by adding at the (2) Subsection (f) of section 4001 (relating end the following new paragraph: In moving around my State during to phasedown) is amended by striking ‘‘sub- ‘‘(3) DENIAL OF CREDIT FOR VEHICLES FOR the Memorial Day recess I was im- section (a)’’ and inserting ‘‘subsection WHICH DEDUCTION ALLOWABLE.—The term pressed with the attitude of a majority (a)(1)’’. ‘qualified electric vehicle’ shall not include of North Carolinians who are abso- (3) Subparagraph (B) of section 4003(a)(2) is any vehicle described in subclause (I) or (II) lutely persuaded that the United amended to read as follows: of section 179A(b)(1)(A)(iii).’’ ‘‘(B) the appropriate applicable amount as (c) EFFECTIVE DATE.—The amendments States must conduct its policy toward determined under section 4001(a)(2).’’ made by this section shall apply to property China on the basis of morality as well (c) EFFECTIVE DATE.—The amendments placed in service on or after the date of en- as pragmatism. It has made no sense made by this section shall apply to sales and actment of this Act. either morally or practically for the installations occurring and property placed SEC. 6. ELECTRIC VEHICLE CREDIT AMOUNT AND United States to have conducted its APPLICATION AGAINST ALTER- in service on or after the date of enactment China policy as it has for so long. of this Act. NATIVE MINIMUM TAX. (a) IN GENERAL.—Subsection (a) of section SEC. 3. EXEMPTION OF THE INCREMENTAL COST There are many who are asserting OF A CLEAN FUEL VEHICLE FROM 30 (relating to credit for qualified electric ve- the truth that the term MFN, which hicles) is amended by striking ‘‘10 percent THE LIMITS ON DEPRECIATION FOR stands for most favored nation, is cer- VEHICLES. of’’. (a) IN GENERAL.—Section 280F(a)(1) (relat- (b) APPLICATION AGAINST ALTERNATIVE tainly a misnomer. MFN, in fact, ing to limiting depreciation on luxury auto- MINIMUM TAX.—Section 30(b) (relating to means that a country gets trade treat- mobiles) is amended by adding at the end the limitations) is amended by striking para- ment as good as anybody else’s, not following new subparagraph: graph (3). that it gets more favorable treatment (c) EFFECTIVE DATE.—The amendments ‘‘(C) SPECIAL RULE FOR CERTAIN CLEAN-FUEL made by this section shall apply to taxable than any other country. I accept that PASSENGER AUTOMOBILES.— years beginning after December 31, 1996. and I oppose MFN on exactly those ‘‘(i) MODIFIED AUTOMOBILES.—In the case of SEC. 7. RATE OF TAX ON LIQUEFIED NATURAL grounds. China gets the same trade a passenger automobile which is propelled by GAS TO BE EQUIVALENT TO RATE OF a fuel which is not a clean-burning fuel to treatment that virtually everybody TAX ON COMPRESSED NATURAL else gets. When a country like China which is installed qualified clean-fuel vehicle GAS. property (as defined in section 179A(c)(1)(A)) (a) IN GENERAL.—Paragraph (3) of section gets normal trade relations with the for purposes of permitting such vehicle to be 4041(a) (relating to diesel fuel and special United States it is getting better treat- propelled by a clean burning fuel (as defined motor fuels) is amended— ment than China deserves. That is just in section 179A(e)(1)), the depreciation deduc- (1) by striking subparagraph (A) and in- plain foolish. tions specified in subparagraph (A) shall be serting the following new subparagraph: increased by the incremental cost of the in- ‘‘(A) IMPOSITION OF TAX.— Those who favor MFN for Communist stalled qualified clean burning vehicle prop- ‘‘(i) IN GENERAL.—There is hereby imposed China also like to point out that other erty as depreciated pursuant to section 168 a tax on compressed or liquefied natural countries with at least equally dubious by applying the rules under subsections gas— records—like Iran, Iraq, Syria, Libya (b)(1), (d)(1), and (e)(3)(B) thereof. ‘‘(I) sold by any person to an owner, lessee, and Burma—qualify for MFN without ‘‘(ii) PURPOSE BUILT PASSENGER VEHICLES.— or other operator of a motor vehicle or mo- an annual debate. Therefore, the In the case of a purpose built passenger vehi- torboat for use as a fuel in such motor vehi- proMFN crowd says China ought to get cle (as defined in section 4001(a)(2)(C)(ii)), the cle or motorboat, or depreciation deductions specified in subpara- ‘‘(II) used by any person as a fuel in a MFN without an annual debate. graph (A) shall be tripled. motor vehicle or motorboat unless there was I dissent. The trouble with that, Mr. ‘‘(iii) INCREMENTAL COST.—For purposes of a taxable sale of such gas under subclause President, is this. Those people who clause (i), the incremental cost shall be the (I). rely on the cases of these countries to equal of the lesser of— ‘‘(ii) RATE OF TAX.—The rate of tax im- make their points about MFN for ‘‘(I) the incremental cost of the installed posed by this paragraph shall be— China just have not done their home- qualified clean fuel vehicle property (as so ‘‘(I) in the case of compressed natural gas, defined), or 48.54 cents per MCF (determined at standard work. It is disingenuous at best for the ‘‘(II) the amount by which the total cost of temperature and pressure), and proMFN lobby to create the impression the clean fuel passenger automobile exceeds ‘‘(II) in the case of liquefied natural gas, that Iran, Iraq, Libya and Syria, enjoy the sum of the amounts that would be al- 3.54 cents per gallon.’’, and MFN status, because they absolutely June 3, 1997 CONGRESSIONAL RECORD — SENATE S5261 do not. MFN for Iran, Iraq, Syria, and Let’s talk for a little while about with them. But I tell them I do not Libya is a moot point since nearly all China’s record of weapons prolifera- agree with them. They sit there and trade is banned with them due to their tion. In April, a subcommittee of the contend that the United States needs involvement in state-sponsored terror- Governmental Affairs Committee to trade with China. It will open up so- ism. chaired by the able Senator from Mis- ciety; that is to say, the Chinese soci- Burma may technically have MFN sissippi, [Mr. COCHRAN], held a hearing ety, they say. But what is going on in status but it, also, is the subject of a which laid out the truth about Chinese China isn’t free trade but trade on the ban on new United States investment. proliferation, that this administration Chinese Government’s terms, which Syria and Burma both are denied low- has repeatedly failed to impose sanc- can be changed every hour on the hour. tariff benefits under the generalized tions required by United States law for The Chinese military operates com- system of preferences. Besides that, China’s transfers of equipment, compo- mercial enterprises. Let me repeat policies against individual countries nents and weapons of mass destruction that. The Chinese military army, all have evolved in response to historical to Iran and Pakistan. the rest of it, they are in business. developments and the needs of U.S. pol- On human rights, the State Depart- They do that so they can pay for the icy. No proponent of MFN renewal ment acknowledges continued wide- ever-growing cost of operating their would say that the United States spread abuse of human rights by China. military establishment—and, by the should treat every country exactly the This year’s annual human rights report way, collect technology from the Unit- same way regardless of specific condi- catalogues violations of rights of ed States and other sucker govern- tions inside the country, the type of speech, assembly, and association, and ments who send it to them. government it has, or the type of abuses including extra-judicial punish- No rule of law protects Chinese or threat it poses to the United States or ment, prison labor, and religious re- foreign investors. Official corruption is to the neighbors of the United States. pression. widespread, and everybody knows it. A Now, China is a special case, Mr. Even more shocking than the extent disagreement with a business partner President. When you stop to think of these abuses is the administration’s who has an official connection can land about it there is no valid reason for the refusal to use United States leverage to you in jail in China, or worse. You United States—this is the world’s lead- influence China, or even United States might be one of the guys hauled out on er in freedom—offering the same trad- allies. This year, the United States that field tomorrow morning with a ing terms for China that the United failed to mount a credible campaign to bullet through your head so that one of States offers to other nations that do introduce and pass a resolution con- your organs can be sold for $40,000 cash honor their citizens’ human rights and demning Chinese human rights abuses money. that do respect the rule of law. Now, at the U.N. Human Rights Commission Want a run down of stories you won’t there can be no such thing as normal in Geneva. hear from those lobbying Congress for The Commission’s meeting is not a trade with the world’s largest country, MFN? mystery. It is scheduled a year in ad- a Communist system engaging in pro- In 1994, Revpower, a Florida company vance. Yet this administration did al- liferation of conventional nuclear, bio- won an international arbitration award most no lobbying until the last minute. logical, and chemical weapons. against a Chinese state-owned enter- A country of which our State Depart- That’s because the administration prise. Despite China’s obligations as a ment can say, there was not a single hoped against hope that the Vice Presi- party to the 1958 Convention on Rec- dissident active in 1996. dent’s trip to China would result in ognition and Enforcement of Foreign A country which is violating commit- some concessions by the Chinese which Arbitral Awards, China has failed to ments it made in an international would enable the administration to enforce the award in its courts. agreement to preserve Hong Kong’s in- abandon the resolution once and for stitutions and way of life virtually in- all. In 1994, James Peng, an Australian tact. But just guess what happened. China citizen, was seized by Chinese police in A country whose economy is built on did not make concessions to Vice Macau—which is not yet under Chinese prison labor and Peoples Liberation President GORE and the Clinton admin- control—and taken to China. In this Army joint ventures with U.S. compa- istration was left trying to put to- case, the court found Peng innocent of nies. gether a coalition at Geneva. any wrongdoing, but local officials who A country which fires missiles across In trade, the story is the same. There saw an opportunity to extort money the Taiwan strait in an attempt to in- is absolutely no improvement. The from Peng and his partners. Peng has timidate the people of Taiwan from United States trade deficit with China been in jail ever since. conducting democratic elections. climbed once again this year, to just Troy McBride, a United States busi- A country which makes money from under 40 percent. According to the nessman, had his passport seized and organ transplants taken from pris- President, that’s an increase of 17 per- was detained for several weeks in a oners, who have just been shot in the cent over last year. United States com- hotel in China in 1995. You can read head. panies have precious little access to about this in last year’s State Depart- A country which has a policy of China’s market, even as they are pour- ment Human Rights Report. forced abortion. ing investment into China. Sometimes, According to the Chicago Tribune, A country which has systematically United States companies deal with the Philip Cheng, a Chinese-American, was destroyed Tibet’s religion and culture. People’s Liberation Army. Sometimes jailed without charges in 1993 over a A country which violates inter- they deal with factories using with dispute with his joint venture partner. national law in the South China Sea. prison labor. That is the way the game In the story about Mr. Cheng, a West- A country which has a huge and is played—under cover, under the table. ern diplomat was quoted as saying: growing trade deficit with the United The United States buys 30 percent of When a deal goes sour we only hear about States. China’s exports. Yet China makes up the worst cases. But dozens, perhaps hun- It matters not whether one calls Chi- just 2 percent of the United States ex- dreds of businessmen have been mobbed, na’s trade status most favored nation, port market—30 vs. 2. This past year, punched and even jailed to make them pay or normal trade relations as the White United States exports to Taiwan, Hong what the locals demand. In most cases the House Office of ‘‘newspeak’’ wishes to Kong—and even to Belgium, if you be- victims make no fuss because their compa- call it. Either way, it’s a bad policy, lieve that, were greater than United nies want to keep doing business in China. when one considers that in every im- States exports to China, even though Zhang Gueixing, a U.S. resident im- portant area of United States-China re- the populations of each of these coun- migrant was imprisoned for 21⁄2 years in lations—from weapons proliferation, to tries are a tiny fraction of China’s pop- connection with a dispute over bicy- human rights, to trade and intellectual ulation. cles. While in prison, Zhang witnessed property, to Hong Kong—the White Just the same, we hear the same old executions of prisoners. House crowd has made the word ‘‘en- rhetoric from certain businessmen. China has steadily reneged on its gagement’’ synonymous with the word They come to my office day after day. commitments in the 1984 Joint Dec- ‘‘appeasement.’’ I like them. I am sorry I can’t agree laration. In that agreement, China S5262 CONGRESSIONAL RECORD — SENATE June 3, 1997 promised that Hong Kong would have of Arkansas have joined us in introduc- rights, the State Department’s most an elected legislature, an accountable ing this bipartisan resolution. recent Human Rights report on China executive, an independent judiciary, Mr. President, on May 19, President describes, once again, an abysmal situ- and a broad range of personal and po- Clinton announced his intention to ex- ation. According to the report, litical freedoms including rights of tend for another year most-favored-na- The Government continued to commit speech, assembly, association, and reli- tion trading status to China, which he widespread and well-documented human gion. For the past several years China formally requested from the Congress rights abuses, in violation of internationally has first announced a violation of the last week. Although we have expected accepted norms, stemming from the authori- joint declaration, then carried it out. the President to make such a decision ties’ intolerance of dissent, fear of unrest, for some time now, I can only say that and the absence or inadequacy of laws pro- This is all a matter of public record. tecting basic freedoms. . . . Abuses included Yet, the United States has failed to I am once again disappointed in the torture and mistreatment of prisoners, prevent or reverse a single violation of President’s decision. In fact, I have ob- forced confessions, and arbitrary and lengthy the joint declaration. How can it when jected to the President’s policy regard- incommunicado detention. Prison conditions the administration’s official position is ing the extension of MFN status to remained harsh. The Government continued that the United States is not entitled China since 1994, when he de-linked the severe restrictions on freedom of speech, the to say what does or does not violate issue of human rights from our trading press, assembly, association, religion, pri- the Joint Declaration? policy. The argument made then is vacy, and worker rights. Where the President will not lead, that trade rights and human rights are In October 1996, we were witness to the Congress must act. An editorial not interrelated. At the same time, it yet another example of these policies, from The Weekly Standard noted that: was said, through ‘‘constructive en- when Wang Dan, one of the leaders of The Clinton Administration obstinately re- gagement’’ on economic matters, and the 1989 pro-democracy demonstrations fuses to link U.S. China policy to anything dialogue on other issues, including in Tiananmen Square, was sentenced to the Chinese do or fail to do. Linkage must be human rights, the United States could 11 years in prison. This was, of course, reestablished; equilibrium must be restored better influence the behavior of the after he had already been held in in- to the relationship between the United Chinese Government. communicado detention for 17 months States and its most troublesome and persist- That was a mistake. in connection with the issuance of a ent challenger. That mission falls to the Let those who support ‘‘constructive pro-democracy petition. Many political Congress by default. engagement’’ visit the terribly ill Wei prisoners—some whose names we know, For far too long, the United States Jingsheng in his prison cell, and ask like Mr. Wang and Mr. Wei, and many has failed to recognize and use its le- him if developing markets for tooth- of whose names we do not—have be- verage over China. paste or breakfast cereal will help him come ill as a result of their prolonged Mr. President, revoking MFN will win his freedom or save his life. I do incarcerations, and are not receiving not be the end of our China policy. not see how closer economic ties alone proper medical care. MFN is the means toward restoring will somehow transform China’s au- The past year also saw the December equilibrium in the relationship. thoritarian system into a more demo- arrest of Ngawang Choepel, a Tibetan China scholar Harry Harding’s book, cratic one. Unless we press the case for musicologist and former Fulbright ‘‘A Fragile Relationship,’’ chronicles improvement in China’s human rights scholar who was the subject of a recent the early 1990’s, when there was a real record, using the leverage afforded us Moynihan resolution that I was proud threat of MFN revocation in response by the Chinese Government’s desire to to cosponsor. Also in December, a to the Tiananmen Square Massacre. In expand its economy and increase trade Beijing court sentenced activist Li Hai response to the threat Beijing ended with us, I do not see how conditions for collecting information on martial law, released several hundred will get much better. Tiananmen activists in prison. Li was political prisoners, bought Boeing air- De-linking MFN has resulted only in trying to compile a list giving the craft and let a prominent dissident out the continued despair of millions of name, age, family situation, crime, of the country. Chinese people, and there is no evi- length of sentence, and the location of The Congress should withhold MFN dence that MFN has influenced Beijing the prison in which these activists status for China this year, otherwise to improve its human rights policies. were held. the administration will continue to ac- Basic freedoms—of expression, of reli- In June 1996, university teacher quiesce to every violation of inter- gion, of association—are routinely de- Zhang Zong-ai was arrested and later national law, international agreement, nied. Rule of law, at least as I would sentenced for meeting with Wang Dan bilateral agreement, and United States define it, does not exist. and writing to Taiwanese leaders. Ear- law. The administration’s policy to- Mr. President, shortly before the Me- lier this year, reports emerged from ward China has been an abject failure. morial Day recess, the Foreign Rela- Tibet indicating severe torture of Ti- Abject, means both ‘‘utterly hopeless’’ tions Committee held several hearings betan nuns allegedly involved in sepa- and ‘‘shamelessly servile.’’ Which, it on the current situation in China. We ratist activities. seems to me, fairly sums up the situa- had, for example, an excellent hearing Freedom of expression is curtailed by tion. on the situation in Tibet, where China other means as well. Although the gov- I thank the Chair. I yield the floor. continues its cultural and political re- ernment has recently encouraged the The PRESIDING OFFICER. The joint pression and still refuses to begin a expansion of the Internet and other resolution will be appropriately re- dialogue with the Dalai Lama, a Nobel communications infrastructure, it re- ferred. laureate. We also heard testimony quires Internet users to register and ∑ Mr. FEINGOLD. Mr. President, the about how China is not sticking to its sign a pledge not to endanger security. Chairman of the Foreign Relations commitments under a 1992 Memoran- Selected web sites, like those from Committee [Mr. HELMS] and I have dum of Understanding with the United news organizations based in Hong Kong today introduced a joint resolution of States on the issue of the use of forced and Taiwan, or those hosted by dis- disapproval for the President’s decision prison labor. It is unconscionable that sidents, are blocked by the govern- to extend most-favored-nation status American consumers have unwittingly ment, and authorities continue to jam to China. been used to help finance the abhorrent Voice of America broadcasts. This is third year in a row that I will Chinese policy of reform through labor. Mr. President, Beijing’s contempt for be introducing this joint resolution, And that is not all. United States values is evident in and—I am pleased to say—the second Virtually every review of the behav- many fora: in the loathsome compul- time with Senator HELMS. I have joined ior of the Chinese Government over the sory one-child family planning pro- with the chairman once again because past year demonstrates that not only gram, in the increased incidence of re- I believe that trade policy is an effec- has there been no improvement in the ligious persecution, in the sales of nu- tive tool that the United States can human rights situation in China, but in clear equipment to Pakistan or mis- and should use with respect to the Chi- many cases, it has worsened. siles to Iran, and in China’s utter dis- nese Government. I am pleased that Now, 3 years after the President’s de- regard for agreements to end violations Senators WELLSTONE and HUTCHINSON cision to de-link MFN from human of United States intellectual property June 3, 1997 CONGRESSIONAL RECORD — SENATE S5263 rights. Lack of progress in these areas the United States on other issues. Vio- democratic liberties in that city. There flies in the face of the United States lations of agreements on intellectual may also be significant developments policy of ‘‘constructive engagement,’’ property rights cost U.S. firms an esti- with respect to China’s desire to join with respect to China. mated $1.8 billion annually. Violations the World Trade Organization. And of In my view—and I know that Senator of the memorandum of understanding course, there are the myriad other is- HELMS agrees with me here—it is im- on prison labor, according to some esti- sues I have already mentioned. possible to come to any other conclu- mates, have resulted in millions of dol- But even with all that is going on, sion except that ‘‘constructive engage- lars worth of tainted goods being im- the United States and others in the ment’’ has failed to make any change ported into our country. And China’s international community failed to pass in Beijing’s human rights behavior. I blatant disregard for international ef- a resolution regarding China at the would say that the evidence justifies forts to control nuclear proliferation United Nations Commission on Human the exact opposite conclusion: human cost us unimaginable sums in future Rights earlier this year largely because rights have deteriorated and the re- international security. China lobbied hard to prevent it. That gime continues to act recklessly in We have so few levers that we can use failure proves that it is even more im- other areas vital to U.S. national inter- against China. And if China is accepted portant for the United States to use est. by the international community as a the levers that we do have to pressure At the May 13, 1997, Senate Foreign superpower under the current condi- China’s leaders. Relations Committee hearing on The tions, it will believe it can continue to Mr. President, if moral outrage at Situation of Tibet and its People, Dr. abuse human rights with impunity. blatant abuse of human rights is not Robert Thurman, a renowned expert in The more we ignore the signals and reason enough for taking a tough Tibetan culture who has traveled to allow trade to dictate our policy, the stance with China—and I believe it is the region numerous times over the worse we can expect the human rights and that the American people do as past 35 years, presented compelling tes- well—then let us do so on grounds of timony about the Chinese Govern- situation to become. We know that putting pressure on real political and economic self-inter- ment’s intentions toward the Tibetan the Chinese Government can have some est. We must not forget that we cur- people. Dr. Thurman explained quite impact. China released dissident Harry rently have a trade deficit of nearly $40 clearly that, ‘‘It is a calculated policy consistent [of the] Chinese Government Wu from prison when his case threat- billion. Forty billion dollars. Political . . . to eradicate those who might some ened to disrupt the First Lady’s trip to considerations aside, such a deficit rep- day claim the land of Tibet back to Beijing for the U.N. Conference on resents a formidable obstacle to devel- them.’’ In order to achieve this goal, Women, and it similarly released both oping normal trading relations with Dr. Thurman explained, the Chinese Wei Jingsheng and Wang Dan around China at any point in the near future. Government engages in all kinds of ac- the same time that China was pushing Plus, China is becoming more and more tivities to destroy Tibetan culture, Ti- to have the 2000 Olympic Games in dangerously involved in nefarious arms betan religion and Tibetan identity, Beijing. After losing that bid, and once dealings with Iran and Pakistan. and in so doing, attempts to assimilate the spotlight was off, the Chinese gov- But, Mr. President, my main objec- Tibetans into the Chinese way of life. ernment rearrested both Wei and tive today is to push for the United But what was most striking about Wang. States to once again make the link be- Dr. Thurman’s testimony was his de- Examples such as this only affirm my tween human rights and trading rela- scription of the behavior of the Chinese belief that the United States should tions with respect to our policy in Government over the past 3 years, and make it clear that human rights are of China. As I have said before, I believe in particular, Beijing’s reaction to real—as opposed to rhetorical—concern that trade—embodied by the peculiar United States trade policy. Mr. Presi- to this country. Until Wei Jingsheng, annual exercise of MFN renewal—is dent, allow me to read from his oral Wang Dan, and others committed to re- one of the most powerful levers we testimony: form in China are allowed to speak have, and that it was a mistake for the It is definitely a fact that anyone who goes their voices freely and work for President to de-link this exercise from to Tibet regularly—and I have been there change, United States-China relations human rights considerations. eight times—anyone who goes there regu- should not be based on a business-as- So, Mr. President, for those who care larly will tell you that since 1994, when our usual basis. Last Sunday, Fred Hiatt il- about human rights, about freedom of Executive Branch misguidedly delinked . . . lustrated this point in a Washington religion, and about America’s moral trade privileges from the Chinese behavior, leadership in the world, I urge support the Chinese behavior accelerated in a nega- Post editorial called The Skyscraper tive direction to an extreme degree. Since and the Bookstore. In recalling the 1993 for the Helms-Feingold resolution dis- 1994, the complete oppression of Tibetan reli- tour of Beijing that Chinese leaders of- approving the President’s decision to gion and the Tibetan national identity has fered to Mr. Wei after he had been in renew most-favored-nation status for been reembarked upon by the recent and cur- prison for 14 years, Hiatt wonders China. rent administration in China. From 1994 to whether the skyscraper, a powerful There being no objection, the mate- 1997, their policy has returned to being com- symbol of Western-style economic rial was ordered to be printed in the pletely genocidal, no longer pretending even modernization, or a bookstore, in RECORD, as follows: to tolerate Tibetan religion. . . . They have [From the Washington Post, June 1, 1997] expelled many monks from monasteries. which Wei found little literary diver- They have closed important monasteries. . . sity, is the more significant portent for THE SKYSCRAPER AND THE BOOKSTORE . [The Chinese] will never abandon [Tibet] China’s future. Hiatt’s point is that the (By Fred Hiatt) when they feel we have no real will to do more the United States focuses on its After keeping him in prison for 14 years, anything serious no matter what they do. . . trade and economic relations with Chinese leaders decided one day in 1993 to . This has been proven in religious terms . . China, the more skyscrapers might be give their leading dissident, Wei Jingsheng, . in the last three years, since 1994. Once you built in Beijing. But despite massive a tour of Beijing. For Wei, the tour produced delinked the money from their treatment of urban development, there has not been a shock—and perhaps something of a reproof human rights, from their treatment of reli- as well. Wei had been writing from his soli- gion in Tibet, they just went and completely massive development in the most basic tary cell that economic modernization could abused everything totally. They undid all freedoms of expression and ideas. not take place without democracy; yet the sorts of liberties that had been allowed in Mr. President, I ask unanimous con- sleepy capital he remembered from 1979, with the 1980s, in fact. They completely have un- sent that the full text of Hiatt’s June 1, only bicycles clogging its wide boulevards, done them. 1997, Washington Post op-ed be in- had become a modern city with traffic jams, So, Mr. President, we have here com- cluded in the RECORD. skyscrapers and fancy new hotels. pelling testimony of my main argu- Mr. President, this year—1997—is per- ‘‘The changes are enormous,’’ Wei admit- ment: that the delinking of trade privi- haps the most important year since ted. ‘‘They made an old Beijinger like myself 1989 with respect to our relationship feel like a tourist—a stranger in his own leges from human rights issues has ac- hometown.’’ tually led to a worsening of the human with the Chinese Government. In less But then Wei insisted that his keepers rights situation in China. than 1 month, Hong Kong will revert to take him to a bookstore. There he found of- Perhaps equally disturbing, China China, and already there are fears of ferings no broader than they had been before continues to violate agreements with what the transition may mean for the Cultural Revolution. The economy had S5264 CONGRESSIONAL RECORD — SENATE June 3, 1997 expanded, but freedom of thought and ex- Unfortunately, most of these resolutions S. 332 pression had not. ‘‘But this is precisely your fell by the wayside, some right away, some At the request of Mr. HARKIN, the goal,’’ Wei wrote to China’s president. after a few years. Clinton’s promise to use name of the Senator from Minnesota ‘‘Widespread cultural ignorance is the foun- non-trade methods to ‘‘try to shape’’ China, [Mr. WELLSTONE] was added as a co- dation for dictatorship.’’ in Tyson’s words, proved to be more spin sponsor of S. 332, a bill to prohibit the The contrast Wei noted during his brief than policy, so the concept was never really field trip from jail underlies Washington’s put to the test. As a result, political free- importation of goods produced abroad current debate over extending most-favored- doms in China are, if anything, more re- with child labor, and for other pur- nation (MFN) trading status to China and, stricted, and many in Congress see MFN as poses. more broadly, U.S.-China relations. Which is the only way to send a message. S. 350 the more significant portent for China’s fu- Wei is back in prison and unavailable for At the request of Mr. THURMOND, the ture, the skyscraper or the bookshop? comment on this turn of events. In his prison name of the Senator from Maine [Ms. Those who favor MFN extension point to letters, though (recently published in this SNOWE] was added as a cosponsor of S. the skyscraper, arguing that economic mod- country), Wei maintained that a peaceful ernization inevitably will lead to political 350, a bill to authorize payment of spe- evolution toward democracy would be almost cial annuities to surviving spouses of liberalization—that if you get enough sky- impossible for China unless other nations scrapers, eventually you’ll get books and pushed in that direction, supporting those deceased members of the uniformed newspapers, too. This has been the pattern in Chinese who share their values. services who are ineligible for a survi- South Korea and Taiwan, after all, where a ‘‘One way to minimize losses and setbacks vor annuity under transition laws re- rising middle class eventually insisted on for all sides is for countries with related in- lating to the establishment of the Sur- democratic rights. Even in China, where au- terests to exert pressure and help bring vivor Benefit Plan under chapter 73 of thoritarian rulers maintain tight political about internal progress and reform,’’ Wei title 10, United States Code. control, market reforms have brought new wrote in 1991. Six years later, Wei undoubt- S. 358 freedoms—to choose one’s place of work and edly is still waiting. residence, to live private and personal lives. The writer is a member of the editorial At the request of Mr. DEWINE, the Yet a South Korea-style progression is not page staff.∑ names of the Senator from California inevitable. Nazi Germany proved that a to- [Mrs. FEINSTEIN] and the Senator from talitarian political regime can comfortably f Utah [Mr. BENNETT] were added as co- co-exist with capitalism—with private shop- ADDITIONAL COSPONSORS keepers, big corporations, a developed mid- sponsors of S. 358, a bill to provide for dle class. S. 50 compassionate payments with regard Ah, but the advent of the information age At the request of Mr. FAIRCLOTH, the to individuals with blood-clotting dis- has changed all that, the argument contin- name of the Senator from Alaska [Mr. orders, such as hemophilia, who con- ues. Knowledge is the essential commodity MURKOWSKI] was added as a cosponsor tracted human immunodeficiency virus of tomorrow’s economies, and no nation that of S. 50, a bill to amend the Internal due to contaminated blood products, limits its flow can prosper. It’s a seductive argument, and it may be Revenue Code of 1986 to provide a non- and for other purposes. true in the very long run. The demise of the refundable tax credit for the expenses S. 387 Soviet Union, where even a copying machine of an education at a 2-year college. At the request of Mr. HATCH, the was considered subversive, gave currency to S. 89 names of the Senator from Nebraska the view. But totalitarian regimes can use At the request of Ms. SNOWE, the [Mr. KERREY], the Senator from Texas information technologies as well as be un- [Mr. GRAMM], the Senator from New dermined by them as George Orwell realized name of the Senator from Illinois [Mr. Jersey [Mr. LAUTENBERG], and the Sen- some time ago. China’s regime so far has DURBIN] was added as a cosponsor of S. proved far more adept than the Soviet Union 89, a bill to prohibit discrimination ator from Virginia [Mr. ROBB] were at attracting commercial knowledge and against individuals and their family added as cosponsors of S. 387, a bill to technology from outside while controlling members on the basis of genetic infor- amend the Internal Revenue Code of the political debate inside—intimidating mation, or a request for genetic serv- 1986 to provide equity to exports of print media in Hong Kong, monitoring ices. software. Internet access in China, whipping up na- S. 389 S. 92 tionalistic fervor to promote its own sur- At the request of Mr. ABRAHAM, the vival. At the request of Mr. KERRY, the So China might become more democratic; name of the Senator from Washington names of the Senator from North Caro- lina [Mr. FAIRCLOTH], and the Senator it also might become more fascist, a danger [Mrs. MURRAY] was added as a cospon- from Maine [Ms. COLLINS] were added to its neighbors and to U.S. interests, too. sor of S. 92, a bill to amend title VII of as cosponsors of S. 389, a bill to im- Given that uncertainty, the debate shifts: the Civil Rights Act of 1964 to establish Can other nations do anything to steer China prove congressional deliberation on provisions with respect to religious ac- toward the first outcome? Supporters of proposed Federal private sector man- commodation in employment, and for MFN extension argue that trade sanctions dates, and for other purposes. won’t work; China ‘‘has steadfastly resisted other purposes. S. 405 efforts to link its commercial interests to its S. 191 behavior in other areas,’’ Laura D’Andrea At the request of Mr. HATCH, the At the request of Mr. HELMS, the names of the Senator from Kentucky Tyson, President Clinton’s first term eco- name of the Senator from Arkansas nomic adviser, wrote in the Wall Street [Mr. FORD], the Senator from Nebraska [Mr. HUTCHINSON] was added as a co- Journal last week. [Mr. HAGEL], and the Senator from sponsor of S. 191, a bill to throttle This isn’t quite right either. In the few Connecticut [Mr. DODD] were added as years after the Tiananmen Square massacre, criminal use of guns. cosponsors of S. 405, a bill to amend the when China’s leaders believed Congress S. 232 Internal Revenue Code of 1986 to per- would impose serious sanctions, they re- At the request of Mr. HARKIN, the leased political prisoners and allowed a lead- manently extend the research credit ing dissident to go into exile. Once President name of the Senator from Massachu- and to allow greater opportunity to Clinton ‘‘delinked’’ trade and human rights, setts [Mr. KENNEDY] was added as a co- elect the alternative incremental cred- the concessions stopped. sponsor of S. 232, a bill to amend the it. Yet trade sanctions are surely an imper- Fair Labor Standards Act of 1938 to S. 406 fect tool. Are there others? Tyson argues prohibit discrimination in the payment At the request of Mr. HATCH, the that ‘‘with the limited means at our dis- of wages on account of sex, race, or na- name of the Senator from Nebraska posal, we can try to shape the kind of great tional origin, and for other purposes. power China will become and the path it will [Mr. KERREY] was added as a cosponsor travel to get there.’’ She doesn’t say what S. 263 of S. 406, a bill to amend the Internal those means might be, but in 1994 the Clin- At the request of Mr. MCCONNELL, Revenue Code of 1986 to provide clari- ton administration produced a long list of the name of the Senator from Hawaii fication for the deductibility of ex- possibilities. The United States would no [Mr. AKAKA] was added as a cosponsor penses incurred by a taxpayer in con- longer use MFN as a lever, Clinton said then, of S. 263, a bill to prohibit the import, nection with the business use of the but it would prod China in many other ways: export, sale, purchase, possession, home. supporting ‘‘civic society,’’ pushing human rights issues in international forums, work- transportation, acquisition, and receipt S. 433 ing with U.S. businesses to develop vol- of bear viscera or products that con- At the request of Mr. BROWNBACK, the untary principles for operating in China and tain or claim to contain bear viscera, names of the Senator from North Caro- more. and for other purposes. lina [Mr. FAIRCLOTH] and the Senator June 3, 1997 CONGRESSIONAL RECORD — SENATE S5265 from Texas [Mrs. HUTCHISON] were 643, a bill to prohibit the Federal Gov- tion of sanctions against countries en- added as cosponsors of S. 433, a bill to ernment from providing insurance, re- gaged in a pattern of religious persecu- require Congress and the President to insurance, or noninsured crop disaster tion, and for other purposes. fulfill their Constitutional duty to assistance for tobacco. S. 781 take personal responsibility for Fed- S. 657 At the request of Mr. HATCH, the eral laws. At the request of Mr. DASCHLE, the names of the Senator from Texas [Mrs. S. 460 name of the Senator from North Da- HUTCHISON], the Senator from Mis- At the request of Mr. BOND, the kota [Mr. DORGAN] was added as a co- sissippi [Mr. LOTT], the Senator from names of the Senator from Kentucky sponsor of S. 657, a bill to amend title Kansas [Mr. ROBERTS], and the Senator [Mr. MCCONNELL], and the Senator 10, United States Code, to permit re- from South Carolina [Mr. THURMOND] from Indiana [Mr. COATS] were added as tired members of the Armed Forces were added as cosponsors of S. 781, a cosponsors of S. 460, a bill to amend the who have a service-connected disabil- bill to establish a uniform and more ef- Internal Revenue Code of 1986 to in- ity to receive military retired pay con- ficient Federal process for protecting crease the deduction for health insur- currently with veterans’ disability property owners’ rights guaranteed by ance costs of self-employed individuals, compensation. the fifth amendment. to provide clarification for the deduct- S. 673 S. 800 ibility of expenses incurred by a tax- At the request of Mr. BREAUX, the At the request of Mr. ABRAHAM, the payer in connection with the business name of the Senator from Nebraska name of the Senator from Georgia [Mr. use of the home, to clarify the stand- [Mr. KERREY] was added as a cosponsor COVERDELL] was added as a cosponsor ards used for determining that certain of S. 673, a bill to amend the Internal of S. 800, a bill to create a tax cut re- individuals are not employees, and for Revenue Code of 1986 and Employee Re- serve fund to protect revenues gen- other purposes. tirement Income Security Act of 1974 erated by economic growth. S. 496 in order to promote and improve em- SENATE CONCURRENT RESOLUTION 29 At the request of Mr. CHAFEE, the ployee stock ownership plans. At the request of Mr. GORTON, the names of the Senator from Louisiana S. 678 names of the Senator from New York [Mr. BREAUX], the Senator from Ne- At the request of Mr. LEAHY, the [Mr. D’AMATO] and the Senator from Il- braska [Mr. KERREY], and the Senator name of the Senator from Virginia [Mr. linois [Mr. DURBIN] were added as co- from Colorado [Mr. ALLARD] were ROBB] was added as a cosponsor of S. sponsors of Senate Concurrent Resolu- added as cosponsors of S. 496, a bill to 678, a bill to provide for the appoint- tion 29, a concurrent resolution rec- amend the Internal Revenue Code of ment of additional Federal circuit and ommending the integration of Estonia, 1986 to provide a credit against income district judges, and for other purposes. Latvia, and Lithuania into the North tax to individuals who rehabilitate his- S. 713 Atlantic Treaty Organization. toric homes or who are the first pur- At the request of Mr. DODD, the name SENATE RESOLUTION 92 chasers of rehabilitated historic homes of the Senator from Arkansas [Mr. At the request of Mr. LAUTENBERG, for use as a principal residence. HUTCHINSON] was added as a cosponsor the names of the Senator from New S. 529 of S. 713, a bill to amend the Federal Jersey [Mr. TORRICELLI], the Senator At the request of Mr. GRASSLEY, the Food, Drug, and Cosmetic Act to allow from Massachusetts [Mr. KENNEDY], the name of the Senator from Washington for additional deferred effective dates Senator from Maryland [Mr. SAR- [Mr. GORTON] was added as a cosponsor for approval of applications under the BANES], the Senator from South Caro- of S. 529, a bill to amend the Internal new drugs provisions, and for other lina [Mr. THURMOND], the Senator from Revenue Code of 1986 to exclude certain purposes. Mississippi [Mr. COCHRAN], the Senator farm rental income from net earnings S. 731 from Michigan [Mr. LEVIN], the Sen- from self-employment if the taxpayer At the request of Mr. BUMPERS, the ator from Arkansas [Mr. HUTCHINSON], enters into a lease agreement relating name of the Senator from Georgia [Mr. the Senator from Delaware [Mr. ROTH], to such income. COVERDELL] was added as a cosponsor the Senator from Massachusetts [Mr. S. 578 of S. 731, a bill to extend the legislative KERRY], the Senator from New York At the request of Mr. DASCHLE, the authority for construction of the Na- [Mr. MOYNIHAN], the Senator from Lou- name of the Senator from Mississippi tional Peace Garden Memorial, and for isiana [Mr. BREAUX], the Senator from [Mr. LOTT] was added as a cosponsor of other purposes. Iowa [Mr. GRASSLEY], the Senator from S. 578, a bill to permit an individual to S. 755 Minnesota [Mr. WELLSTONE], the Sen- be treated by a health care practitioner At the request of Mr. CAMPBELL, the ator from Connecticut [Mr. with any method of medical treatment name of the Senator from Connecticut LIEBERMAN], the Senator from Illinois such individual requests, and for other [Mr. LIEBERMAN] was added as a co- [Mr. DURBIN], the Senator from Nevada purposes. sponsor of S. 755, a bill to amend title [Mr. REID], the Senator from Delaware S. 599 10, United States Code, to restore the [Mr. BIDEN], and the Senator from New At the request of Mrs. BOXER, the provisions of chapter 76 of that title— York [Mr. D’AMATO] were added as co- name of the Senator from New Jersey relating to missing persons—as in ef- sponsors of Senate Resolution 92, a res- [Mr. TORRICELLI] was added as a co- fect before the amendments made by olution designating July 2, 1997, and sponsor of S. 599, a bill to protect chil- the National Defense Authorization July 2, 1998, as ‘‘National Literacy dren and other vulnerable subpopula- Act for fiscal year 1997 and to make Day.’’ tions from exposure to certain environ- other improvements to that chapter. f mental pollutants, and for other pur- S. 771 AMENDMENTS SUBMITTED poses. At the request of Mr. MURKOWSKI, the S. 621 name of the Senator from North Caro- At the request of Mr. D’AMATO, the lina [Mr. FAIRCLOTH] was added as a co- THE FAMILY FRIENDLY name of the Senator from Utah [Mr. sponsor of S. 771, a bill to regulate the WORKPLACE ACT BENNETT] was added as a cosponsor of transmission of unsolicited commercial S. 621, a bill to repeal the Public Util- electronic mail, and for other purposes. ity Holding Company Act of 1935, to S. 772 BAUCUS (AND OTHERS) enact the Public Utility Holding Com- At the request of Mr. SPECTER, the AMENDMENT NO. 361 pany Act of 1997, and for other pur- names of the Senator from Pennsylva- (Ordered to lie on the table.) poses. nia [Mr. SANTORUM] and the Senator Mr. BAUCUS (for himself, Mr. S. 643 from Ohio [Mr. DEWINE] were added as KERREY, and Mr. LANDRIEU) submitted At the request of Mr. DURBIN, the cosponsors of S. 772, a bill to establish an amendment intended to be proposed name of the Senator from Oregon [Mr. an Office of Religious Persecution by them to the bill (S. 4) to amend the WYDEN] was added as a cosponsor of S. Monitoring, to provide for the imposi- Fair Labor Standards Act of 1938 to S5266 CONGRESSIONAL RECORD — SENATE June 3, 1997 provide to private sector employees the shall, within 15 days after the request, pro- ‘‘(B) for any other purpose— same opportunities for time-and-a-half vide monetary compensation for any such ‘‘(i) upon notice to the employer at least 2 compensatory time off, biweekly work compensatory time at a rate not less than weeks prior to the date on which the com- programs, and flexible credit hour pro- the regular rate earned by the employee at pensatory time is to be used, unless use of the time the employee performed the over- the compensatory time at that time will grams as Federal employees currently time work or the employee’s regular rate at cause substantial and grievous injury to the enjoy to help balance the demands and the time such monetary compensation is operations of the employer; or needs of work and family, to clarify the paid, whichever is higher. ‘‘(ii) upon notice to the employer within provisions relating to exemptions of ‘‘(C) Not later than January 31 of each cal- the 2 weeks prior to the date on which the certain professionals from the mini- endar year, an employer shall provide mone- compensatory time is to be used, unless use mum wage and overtime requirements tary compensation to each employee of the of the compensatory time at that time will of the Fair Labor Standards Act of employer for any compensatory time earned unduly disrupt the operations of the em- 1938, and for other purposes; as follows: during the preceding calendar year for which ployer. the employee has not already received mone- An employee’s use of earned compensatory Beginning on page 1, strike line 3 and all tary compensation (either through compen- time may not be substituted by the employer that follows through page 28, line 16 and in- satory time or cash payment) at a rate not for any other paid or unpaid leave or time off sert the following: less than the regular rate earned by the em- to which the employee otherwise is or would SECTION 1. SHORT TITLE. ployee at the time the employee performed be entitled or has or would earn, nor satisfy This Act may be cited as the ‘‘Family- the overtime work or the employee’s regular any legal obligation of the employer to the Friendly Workplace Act of 1997’’. rate at the time such monetary compensa- employee pursuant to any law or contract. SEC. 2. APPLICATION TO CERTAIN EMPLOYEES tion is paid, whichever is higher. An agree- ‘‘(6) An employee shall not be required by IN THE PRIVATE SECTOR. ment or plan under paragraph (2) may des- the employer to use any compensatory time Section 7 of the Fair Labor Standards Act ignate a 12-month period other than the cal- earned pursuant to paragraph (1). of 1938 (29 U.S.C. 207) is amended by adding at endar year, in which case such monetary ‘‘(7)(A) When an employee receives mone- the end the following: compensation shall be provided not later tary compensation for earned compensatory ‘‘(r)(1) An employee who is not a part-time, than 31 days after the end of such 12-month time, the monetary compensation shall be temporary, or seasonal employee (as defined period. An employee may voluntarily, at the treated as compensation for hours worked in paragraph (13)(C)), who is not an employee employee’s own initiative, request in writing for purposes of calculation of entitlement to of a public agency or of an employer in the that such end-of-year payment of monetary employment benefits. garment industry, and who is not otherwise compensation for earned compensatory time ‘‘(B) When an employee uses earned com- exempted from this subsection by regula- be delayed for a period not to exceed 3 pensatory time, the employee shall be paid tions promulgated by the Secretary under months. This subparagraph shall have no ef- for the compensatory time at the employee’s paragraph (3)(D), may receive, in accordance fect on the limit on earned compensatory regular rate at the time the employee per- with this subsection and in lieu of overtime time set forth in subparagraph (A) or in reg- formed the overtime work or at the regular compensation, compensatory time at a rate ulations issued by the Secretary pursuant to rate earned by the employee when the com- not less than 11⁄2 hours for each hour of em- subparagraph (D). pensatory time is used, whichever is higher, ployment for which overtime compensation ‘‘(D) The Secretary may promulgate regu- and the hours for which the employee is so is required by this section. lations regarding classes of employees, in- compensated shall be treated as hours ‘‘(2) An employer may provide compen- worked during the applicable workweek or satory time to an eligible employee under cluding but not limited to all employees in particular occupations or industries, to— other work period for purposes of overtime paragraph (1) only— compensation and calculation of entitlement ‘‘(A) pursuant to— ‘‘(i) exempt such employees from the provi- sions of this subsection; to employment benefits. ‘‘(i) applicable provisions of a collective ‘‘(8) Except in a case of a collective bar- ‘‘(ii) limit the number of compensatory bargaining agreement, memorandum of un- gaining agreement, an employer may modify hours that such employees may earn to less derstanding, or any other written agreement or terminate a compensatory time plan de- than the number provided in subparagraph between the employer and the representative scribed in paragraph (2)(A)(ii) upon not less (A); or of the employee; or than 60 days’ notice to the employees of the ‘‘(iii) require employers to provide such ‘‘(ii) in the case of an employee who is not employer. employees with monetary compensation for represented by a collective bargaining agent ‘‘(9) An employer may not pay monetary earned compensatory time at more frequent or other representative designated by the compensation in lieu of earned compen- intervals than specified in subparagraph (C); employee, a plan adopted by the employer satory time except as expressly prescribed in and provided in writing to the employees of where the Secretary has determined that this subsection. the employer which provides employees with such regulations are necessary or appro- ‘‘(10) It shall be an unlawful act of dis- a voluntary option to receive compensatory priate to protect vulnerable employees, crimination, within the meaning of section time in lieu of overtime compensation for where a pattern of violations of this Act may 15(a)(3), for an employer— overtime work where there is an express, exist, or to ensure that employees receive ‘‘(A) to discharge, or in any other manner voluntary written request by an individual the compensation due them. penalize, discriminate against, or interfere employee for compensatory time in lieu of ‘‘(4) An employee who has earned compen- with, any employee because such employee overtime compensation, provided to the em- satory time authorized to be provided under may refuse or has refused to request or ac- ployer prior to the performance of any over- paragraph (1) shall, upon the voluntary or in- cept compensatory time in lieu of overtime time assignment; voluntary termination of employment or compensation, or because such employee ‘‘(B) if the employee has not earned com- upon expiration of this subsection, be paid may request to use or has used compen- pensatory time in excess of the applicable for unused compensatory time at a rate of satory time in lieu of receiving overtime limit prescribed by paragraph (3)(A) or in compensation not less than the regular rate compensation; regulations issued by the Secretary under earned by the employee at the time the em- ‘‘(B)(i) to request, directly or indirectly, paragraph (3)(D); ployee performed the overtime work or the that an employee accept compensatory time ‘‘(C) if the employee is not required as a employee’s regular rate at the time such in lieu of overtime compensation; condition of employment to accept or re- monetary compensation is paid, whichever is ‘‘(ii) to require an employee to request quest compensatory time; and higher. A terminated employee’s receipt of, such compensatory time as a condition of ‘‘(D) if the agreement or plan complies or eligibility to receive, monetary compensa- employment or as a condition of employ- with the requirements of this subsection and tion for earned compensatory time shall not ment rights or benefits; or the regulations promulgated by the Sec- be used— ‘‘(iii) to qualify the availability of work for retary thereunder, including the availability ‘‘(A) by the employer to oppose an applica- which overtime compensation is required of compensatory time to similarly situated tion of the employee for unemployment com- upon an employee’s request for or acceptance employees on an equal basis. pensation; or of compensatory time in lieu of overtime ‘‘(3)(A) An employee may earn not more ‘‘(B) by a State to deny unemployment compensation; or than a total of 80 hours of compensatory compensation or diminish the entitlement of ‘‘(C) to deny an employee the right to use, time in any year or alternative 12-month pe- the employee to unemployment compensa- or force an employee to use, earned compen- riod designated pursuant to subparagraph tion benefits. satory time in violation of this subsection. (C). The employer shall regularly report to ‘‘(5) An employee shall be permitted to use ‘‘(11) An employer who violates any provi- the employee on the number of compen- any compensatory time earned pursuant to sion of this subsection shall be liable, in an satory hours earned by the employee and the paragraph (1)— action brought pursuant to subsection (b) or total amount of the employee’s earned and ‘‘(A) for any reason that would qualify for (c) of section 16, in the amount of overtime unused compensatory time, in accordance leave under section 102(a) of the Family and compensation that would have been paid for with regulations issued by the Secretary of Medical Leave Act of 1993 (29 U.S.C. 2612(a)), the overtime hours worked or overtime Labor. or any comparable State law, irrespective of hours that would have been worked, plus an ‘‘(B) Upon the request of an employee who whether the employer is covered or the em- additional equal amount as liquidated dam- has earned compensatory time, the employer ployee is eligible under such Act or law; or ages, such other legal or equitable relief as June 3, 1997 CONGRESSIONAL RECORD — SENATE S5267 may be appropriate to effectuate the purpose SEC. 4. CONSTRUCTION. (III) a recommendation on whether the of this section, costs, and, in the case of an Section 18 of the Fair Labor Standards Act provisions should be applied to any category action filed under section 16(b), reasonable of 1938 (29 U.S.C. 218) is amended by adding at of exempt employees. attorney’s fees. Where an employee has used the end the following: (C) SPECIAL RULE.—The Commission shall compensatory time or received monetary ‘‘(c)(1) No provision of this Act or of any have no obligation to conduct a study and compensation for earned compensatory time order thereunder shall be construed to— prepare and submit a report pursuant to this for such overtime hours worked, the amount ‘‘(A) supersede any provision of any State section if funds are not authorized and ap- of such time used or monetary compensation or local law that provides greater protection propriated for that purpose. paid to the employee shall be offset against to employees who are provided compensatory SEC. 6. EFFECTIVE DATE; CESSATION OF EFFEC- the liability of the employer under this para- time in lieu of overtime compensation; TIVENESS. graph, but not against liquidated damages ‘‘(B) diminish the obligation of an em- (a) EFFECTIVE DATE.—The provisions of due. ployer to comply with any collective bar- this title, and the amendments made by this ‘‘(12)(A) The entire liquidated value of an gaining agreement or any employment bene- title, shall become effective 6 months after employee’s accumulated compensatory time, fit program or plan that provides greater the date of enactment of this Act. calculated as provided for in this subsection, protection to employees provided compen- (b) CESSATION OF EFFECTIVENESS.—The pro- shall, for purposes of proceedings in bank- satory time in lieu of overtime compensa- visions of this title, and the amendments ruptcy under title 11, United States Code, be tion; or made by this title, shall cease to be effective treated as unpaid wages earned by the indi- ‘‘(C) discourage employers from adopting 4 years after the date of enactment of this vidual— or retaining compensatory time plans that Act. ‘‘(i) if the date the employer was or be- provide more protection to employees. comes legally or contractually obligated to ‘‘(2) Nothing in this subsection shall be KENNEDY AMENDMENT NO. 362–367 provide monetary compensation to the em- construed to allow employers to provide compensatory time plans to classes of em- (Ordered to lie on the table.) ployee for the compensatory time was more Mr. KENNEDY submitted six amend- than 90 days before the cessation of business, ployees who are exempted from section 7(r), as if such date was within 90 days before the to allow employers to provide more compen- ments intended to be proposed by him cessation of business by the employer; satory time than allowed under subsection to the bill, S. 4, supra; as follows: ‘‘(ii) if the date the employer was or be- (o) or (r) of section 7, or to supersede any AMENDMENT NO. 362 comes legally or contractually obligated to limitations placed by subsection (o) or (r) of Beginning on page 10, strike line 17 and all provide such monetary compensation was section 7, including exemptions and limita- that follows through page 26, line 18, and in- within 90 days before the cessation of busi- tions in regulations issued by the Secretary sert the following: ness by the employer, as of such date; or thereunder.’’. (b) TECHNICAL AMENDMENT.—Section 7(r) of ‘‘(iii) if the employer was not legally or SEC. 5. COMMISSION ON WORKPLACE FLEXIBIL- the Fair Labor Standards Act of 1938 (as contractually obligated to provide such mon- ITY. added by subsection (a)) is amended in para- etary compensation prior to ceasing to do (a) ESTABLISHMENT.—There is established a graph (6)(A) by striking clause (ii) and in- business, as of the date of ceasing to do busi- Commission on Workplace Flexibility (re- serting the following: ness. ferred to in this section as the ‘‘Commis- ‘‘(ii) In clause (i), the term ‘intimidate, sion’’). ‘‘(B) The amount of such monetary com- threaten, or coerce’ includes promising to (b) MEMBERSHIP; COMPENSATION; POWERS; pensation shall not be limited by any ceiling confer or conferring any benefit (such as ap- TRAVEL EXPENSES.—The Commission shall on the dollar amount of wage claims pro- pointment, promotion, or compensation) or be composed, and the members of the Com- vided under Federal law for such proceed- effecting or threatening to effect any re- mission shall be appointed, in accordance ings. prisal (such as deprivation of appointment, with paragraphs (1) and (2) of subsection (a), promotion, or compensation.’’ ‘‘(13) In this subsection— and subsection (b) of section 303 of the Fam- ‘‘(A) the term ‘overtime compensation’ ily and Medical Leave Act of 1993 (29 U.S.C. AMENDMENT NO. 363 means the compensation required by sub- 2633(a)(1) and (2) and (b)). The compensation On page 28, after line 16, add the following: section (a); and powers of the Commission shall be as (d) PROTECTION FOR CLAIMS RELATING TO ‘‘(B) the term ‘compensatory time’ means prescribed by sections 304 and 305, respec- COMPENSATORY TIME OFF.—Section 507(a)(3) hours during which an employee is not work- tively, of such Act (29 U.S.C. 2634 and 2635). of title 11, United States Code, is amended— ing and for which the employee is com- The members of the Commission shall be al- (1) by striking ‘‘$4,000’’ and inserting pensated in accordance with this subsection lowed reasonable travel expenses in accord- ‘‘$9,000’’; in lieu of overtime compensation; ance with section 305(b) of such Act (29 (2) by striking ‘‘for—’’ and inserting the ‘‘(C) the term ‘part-time, temporary, or U.S.C. 2635(b)). following: ‘‘provided that all accrued com- seasonal employee’ means— (c) DUTIES.— pensatory time (as defined in section 7 of the ‘‘(i) an employee whose regular workweek (1) STUDY.—The Commission shall conduct Fair Labor Standards Act of 1938 (29 U.S.C. for the employer is less than 35 hours per a comprehensive study of the impact of the 207)) shall be deemed to have been earned week; provision of compensatory time on public within 90 days before the date of the filing of ‘‘(ii) an employee who is employed by the and private sector employees, including the the petition or the date of the cessation of employer for a season or other term of less impact of this Act— the debtor’s business, whichever occurs first, than 12 months or is otherwise treated by (A) on average earnings of employees, for—’’; and the employer as not a permanent employee hours of work of employees, work schedules (3) in subparagraph (A), by inserting before of the employer; or of employees, and flexibility of scheduling the semicolon the following: ‘‘or the value of ‘‘(iii) an employee in the construction in- work to accommodate family needs; and unused, accrued compensatory time (as de- dustry, in agricultural employment (as de- (B) on the ability of vulnerable employees fined in section 7 of the Fair Labor Stand- fined in section 3(3) of the Migrant and Sea- or other employees to obtain the compensa- ards Act of 1938 (29 U.S.C. 207))’’. sonal Agricultural Worker Protection Act (29 tion to which the employees are entitled. U.S.C. 1802(3))), or in any other industry (2) REPORT.— AMENDMENT NO. 364. which the Secretary by regulation has deter- (A) IN GENERAL.—A report concerning the On page 7, strike line 13 and insert the fol- mined is a seasonal industry; and findings of the study described in paragraph lowing: ‘‘(D) the term ‘overtime assignment’ (1) shall be prepared and submitted to the ap- ‘‘(B) It shall be an unlawful act of discrimi- means an assignment of hours for which propriate committees of Congress and to the nation, within the meaning of section overtime compensation is required under Secretary not later than 1 year prior to the 15(a)(3), for an employer— this section. expiration of this title. ‘‘(i) to discharge or in any other manner ‘‘(14) The Secretary may issue regulations (B) RECOMMENDATIONS.—The report de- penalize, discriminate against, or interfere as necessary and appropriate to implement scribed in subparagraph (A) shall include with, any employee because— this subsection including, but not limited to, recommendations on whether— ‘‘(I) the employee may refuse or has re- regulations implementing recordkeeping re- (i) the compensatory time provisions of the fused to request or accept compensatory quirements and prescribing the content of Fair Labor Standards Act of 1938 (29 U.S.C. time off in lieu of monetary overtime com- plans and employee notification.’’. 201 et. seq.) should be modified or extended, pensation; including— ‘‘(II) the employee may request to use or SEC. 3. CIVIL MONEY PENALTIES. (I) a recommendation on whether particu- has used compensatory time off in lieu of Section 16(e) of the Fair Labor Standards lar classes of employees or industries should monetary overtime compensation; or Act of 1938 (29 U.S.C. 216(e)) is amended by be exempted or otherwise given special ‘‘(III) the employee has requested the use striking the second sentence and inserting treatment under the provisions; of compensatory time off at a specific time the following: ‘‘Any person who violates sec- (II) a recommendation on whether addi- of the employee’s choice; tion 6, 7, or 11(c) shall be subject to a civil tional protections should be provided, in- ‘‘(ii) to request, directly or indirectly, that penalty not to exceed $1,000 for each such cluding additional protections to employees an employee accept compensatory time off violation.’’. of public agencies; and in lieu of monetary overtime compensation; S5268 CONGRESSIONAL RECORD — SENATE June 3, 1997 ‘‘(iii) to require an employee to request ‘‘(I) section 102(a) of the Family and Medi- The PRESIDING OFFICER. Without compensatory time off in lieu of monetary cal Leave Act of 1993 (29 U.S.C. 2612(a)), irre- objection, it is so ordered. overtime compensation as a condition of em- spective of whether the employer is covered, COMMITTEE ON FOREIGN RELATIONS ployment or as a condition of employment or the employee is eligible, under such Act; rights or benefits; or Mr. HELMS. Mr. President, I ask ‘‘(iv) to qualify the availability of work for ‘‘(II) an applicable State law that provides unanimous consent that the Commit- which monetary overtime compensation is greater family or medical leave rights than tee on Foreign Relations be authorized required upon the request of an employee does the Family and Medical Leave Act of to meet during the session of the Sen- for, or acceptance of, compensatory time off 1993 (29 U.S.C. 2601 et seq.); ate on Tuesday, June 3, 1997, at 10 a.m. in lieu of monetary overtime compensation; ‘‘(ii) for any reason after providing notice to hold a hearing. or to the employer not later than 2 weeks prior The PRESIDING OFFICER. Without to the date on which the compensatory time ‘‘(v) to deny an employee the right to use, objection, it is so ordered. or coerce an employee to use, earned com- off is to be used, except that an employee pensatory time off in violation of this sub- may not be permitted to use compensatory COMMITTEE ON GOVERNMENTAL AFFAIRS section. time off under this clause if the use of the Mr. HELMS. Mr. President, I ask ‘‘(C) An agreement or understanding that compensatory time off will cause substantial unanimous consent on behalf of the is entered’’. and grievous injury to the operations of the Governmental Affairs Committee to employer; or meet on Tuesday, June 3, 1997, at 1:30 AMENDMENT NO. 365. ‘‘(iii) for any reason after providing notice p.m. for a hearing on the Department to the employer later than 2 weeks prior to Beginning on page 3, strike lines 15 the date on which the compensatory time off of Commerce’s Technology Grant Pro- through 23 and insert the following: is to be used, except that an employee may grams. ‘‘(B) In this subsection: The PRESIDING OFFICER. Without ‘‘(i) The term ‘employee’ does not include— not be permitted to use compensatory time ‘‘(I) an employee of a public agency; off under this clause if the use of the com- objection, it is so ordered. ‘‘(II) an employee who is a part-time em- pensatory time off will unduly disrupt the SUBCOMMITTEE ON COMMUNICATIONS ployee; operations of the employer.’’ Mr. HELMS. Mr. President, I ask ‘‘(III) an employee who is a temporary em- f unanimous consent that the Commu- ployee; and nications Subcommittee of the Senate ‘‘(IV) an employee who is a seasonal em- NOTICES OF HEARINGS ployee. Committee on Commerce, Science, and SUBCOMMITTEE ON CHILDREN AND FAMILIES Transportation be authorized to meet ‘‘(ii) The term ‘employer’ does not in- Mr. JEFFORDS. Mr. President, I on June 3, 1997, at 9:30 a.m. on Second clude— would like to announce for information ‘‘(I) a public agency; and Generation Internet. ‘‘(II) an employee in the garment industry. of the Senate and the public that a The PRESIDING OFFICER. Without ‘‘(iii) The term ‘employer in the garment hearing of the Senate Committee on objection, it is so ordered. industry’ means an employer who is involved Labor and Human Resources, Sub- SUBCOMMITTEE ON COMMUNICATIONS in the manufacture of apparel. committee on Children and Families Mr. HELMS. Mr. President, I ask ‘‘(iv) The term ‘part-time employee’ means will be held on Thursday, June 5, 1997, unanimous consent that the Commu- an employee whose regular workweek for the at 9:30 a.m., in SD–430 of the Senate employer involved is less than 35 hours per nications Subcommittee of the Senate Dirksen Building. The subject of the week. Committee on Commerce, Science, and hearing is ‘‘Pre-to-3: Policy Implica- ‘‘(v) The term ‘seasonal employee’ means Transportation be authorized to meet tions of Child Brain Development.’’ For an employee in— on June 3, 1997, at 2:30 p.m. on Univer- ‘‘(I) the construction industry; further information, please call the sal Service. ‘‘(II) agricultural employment (as defined committee, 202/224–5375. by section 3(3) of the Migrant and Seasonal The PRESIDING OFFICER. Without SUBCOMMITTEE ON AGING Agricultural Worker Protection Act (29 objection, it is so ordered. U.S.C. 1802(3))); or Mr. JEFFORDS. Mr. President, I f ‘‘(III) any other industry that the Sec- would like to announce for information retary by regulation determines is a seasonal of the Senate and the public that a ADDITIONAL STATEMENTS industry. hearing of the Senate Committee on ‘‘(vi) The term ‘temporary employee’ Labor and Human Resources, Sub- means an employee who is employed by an committee on Aging will be held on ON ALL SHORES employer for a season or other term of less Thursday, June 5, 1997, at 2:30 p.m., in ∑ Mr. MOYNIHAN. Mr. President, on than 12 months, or is otherwise treated by my recent trip to , I read an illus- the employer as not a permanent employee SD–430 of the Senate Dirksen Building. of the employer.’’ The subject of the hearing is ‘‘Chal- trative article in the Financial Times lenges of Alzheimer’s Disease: The Bio- of London. It seems financial experts in AMENDMENT NO. 366 medical Research That Will Carry Us England have come to a conclusion On page 10, strike lines 4 through 7 and in- into the 21st Century.’’ For further in- many financial institutions in the sert the following: formation, please call the committee, United States have failed, thus far, to ‘‘(10) In a case in which an employee uses 202/224–5375. reach. Namely, that it is too late to accrued compensatory time off under this COMMITTEE ON SMALL BUSINESS solve the year 2000 computer problem subsection, the accrued compensatory time Mr. BOND. Mr. President, I wish to completely, and that it is hopeless to off used shall be considered as hours worked rely on a ‘‘silver bullet’’ to solve the during the applicable workweek or other announce that the Committee on Small work period for the purposes of overtime Business will hold a hearing entitled problem. Instead, officials in the Unit- compensation and calculation of entitlement ‘‘Oversight of SBA’s Microloan Pro- ed Kingdom have concluded that the to employment benefits. gram.’’ The hearing will be held on world economy faces a very time-con- ‘‘(11)(A) The term ‘compensatory time off’ June 12, 1997, beginning at 9:30 a.m. in suming, labor-intensive project—the means the hours during which an employee room 428A of the Russell Senate Office scope of which is unparalleled in mod- is not working and for which the employee is Building. ern history. compensated in accordance with this sub- For further information, please con- Upon my return to the United States, section in lieu of monetary overtime com- I found that Newsweek had just pub- pensation. tact Paul Cooksey at 224–5175. ‘‘(B) The term ‘monetary overtime com- f lished an important article that will pensation’ means the compensation required increase awareness, I hope, to the point by subsection (a).’’. AUTHORITY FOR COMMITTEES TO of action. Thus, I remind my colleagues MEET of my bill (S. 22) to set up a commis- AMENDMENT NO. 367 COMMITTEE ON FINANCE sion responsible for ensuring that all Beginning on page 9, strike line 19 and all Mr. HELMS. Mr. President, the Fi- executive agencies are compliant by that follows through page 10, line 3 and in- nance Committee requests unanimous 2000. I hope my colleagues recognize— sert the following: consent to hold a hearing on the Need as the British have begun to do—what ‘‘(9)(A) An employee shall be permitted by an employer to use any compensatory time for Renewal of the Fast Track Trade we now face and what we must do to off provided under paragraph (2)— Negotiating Authority on Tuesday, ensure the proper functioning not only ‘‘(i) for any reason that qualifies for leave June 3, 1997, beginning at 10 a.m. in of our Government, but of the econ- under— SD–215, Dirksen Senate Office Building. omy. June 3, 1997 CONGRESSIONAL RECORD — SENATE S5269 I ask that the Newsweek cover story, billion. That amount could easily fund a Some Y2K consultants are advising consum- ‘‘The Day the World Shuts Down’’ and year’s worth of all U.S. educational costs, ers to make sure they don’t enter the 1999 the Financial Times of London’s story, preschool through grad school. It’s Bill holiday without obtaining hard-copy evi- Gates times 30! dence of their assets. According to Jack ‘‘Millenium Bomb Ticks Away’’ be That tab doesn’t include the litigation Webb of HONOR Technologies, Inc., ATMs printed in the RECORD. that will inevitably follow the system fail- won’t work without fixes. The material follows: ures. ‘‘You can make some very reasonable Food. In Britain computers at the Marks & THE DAY THE WORLD SHUTS DOWN extrapolations about litigation that take Spencer company have already mistakenly Drink deep from your champagne glasses you over $1 trillion, and those are very con- ordered the destruction of tons of corned as the ball drops in Times Square to usher in servative estimates,’’ says Dean Morehous, a beef, believing they were more than 100 years the year 2000. Whether you imbibe or not, the San Francisco lawyer. (Conservative or not, old. Air-Traffic Control. ‘‘We’re still in the as- hangover may begin immediately. The power this is more than three times the yearly cost sessment stage, determining how big the may go out. Or the credit card you pull out of all civil litigation in the United States.) Come on, you say. Two measly digits? Can’t problem is,’’ says Dennis DeGaetano of the to pay for dinner may no longer be valid. If we just unleash some sort of robo-program on all Federal Aviation Administration. One pos- you try an ATM to get cash, that may not that computer code and clean it up? Well, no. sible danger is computer lockup: while work, either. Or the elevator that took you Forget about a silver bullet. It seems that in planes well keep moving at 12:01 a.m. on Jan. up to the party ballroom may be stuck on most mainframe programs, the date appears 1, 2000, the screens monitoring them, if not the ground floor. Or the parking garage you more often than ‘‘M*A*S*H’’ reruns on tele- upgraded, might lock. Or the computers drove into earlier in the evening may charge vision—about once every 50 lines of code. might know where the planes were, but mix you more than your yearly salary. Or your Typically, it’s hard to find those particular them up with flights recorded at the same car might not start. Or the traffic lights lines, because the original programs, often time on a previous day. (‘‘You can bet we’re might be on the blink. Or, when you get written in the ancient COBOL computer lan- going to fix it,’’ says DeGaetano.) home, the phones may not work. The mail guage, are quirky and undocumented. After Factories. Ford Motor Co. reports that if may show up, but your magazine subscrip- all that analysis, you have to figure out how the Bug isn’t fixed, its buildings could lit- tions will have stopped, your government to rewrite the lines to correctly process the erally shut down—the factories have secu- check may not arrive, your insurance poli- date. Only then comes the most time-con- rity systems linked to the year. ‘‘Obviously, cies may have expired. suming step: testing the rewritten program. if you don’t fix it, your business will stop in Or you may be out of a job. When you show It’s a torturous process, but an absolutely the year 2000,’’ says Ford’s David Principato. up for work after the holiday, the factory or necessary one. Because if we don’’t swat the Even if a manufacturing company aggres- office building might be locked up, with a millennium Bug, we’ll have troubles every- sively solves its own problem, though, it handwritten sign taped to the wall: OUT OF where. might be flummoxed by a supplier who deliv- BUSINESS DUE TO COMPUTER ERROR. Electricity. When the Hawaiian Electric ers widgets in the wrong century. Could it really happen? Could the most an- utility in Honolulu ran tests on its system to Just About Everything Else. Larry Martin, ticipated New Year’s Eve party in our life- see if it would be affected by the Y2K Bug, CEO of Data Dimensions, warns that if not times really usher in a digital nightmare ‘‘basically, it just stopped working,’’ says adjusted, ‘‘on Jan. 1, 2000, a lot of elevators when our wired-up-the-wazoo civilization systems analyst Wendell Ito. If the problem could be dropping to the bottom of build- grinds to a halt? Incredibly, according to had gone unaddressed, not only would some ings,’’ heading to the basement for inspec- computer experts, corporate information of- customers have potentially lost power, but tions they believe are overdue. Similarly, ficers, congressional leaders and basically others could have got their juice at a higher automobiles have as many as 100 chips; if anyone who’s given the matter a fair hear- frequency, in which case, ‘‘the clocks would they are calendar-challenged, experts say, ing, the answer is yes, yes, 2,000 times yes! go faster, and some things could blow up,’’ forget about driving. Computerized sprinkler Yes—unless we successfully complete the explains Ito. (Hawaiian Electric revamped systems could initiate icy midwinter most ambitious and costly technology the software and now claims to be ready for drenchings. project in history, one where the payoff the year 2000.) Another concern is nuclear Like leaves rustling before a tornado, comes not in amassing riches or extending power; the Nuclear Regulatory Commission there have already been harbingers of a bu- Web access, but securing raw survival. says that the Bug might affect ‘‘security reaucratic meltdown. At a state prison, a What’s the problem? It’s called, variously, control, radiation monitoring . . . and accu- computer glitch misread the release date of the Year 2000 Problem, Y2K or the Millen- mulated burn-up programs [which involve prisoners and freed them prematurely. In nium Bug. It represents the ultimate indig- calculations to estimate the hazard posed by Kansas, a 104-year-old woman was given a nity: the world laid low by two lousy digits. radioactive fuel].’’ notice to enter kindergarten. Visa has had to The trouble is rooted in a seemingly trivial Communications. ‘‘If no one dealt with the recall some credit cards with expiration space-saving programming trick—dropping year 2000 Bug, the [phone] network would not dates three years hence—the machines read- the first two numbers of the date, abbreviat- operate properly,’’ says Eric Sumner Jr., a ing them thought they had expired in the ing, say, the year 1951 to ‘‘51.’’ This digital Lucent chief technology officer. He’s not McKinley administration. relic from the days when every byte of com- talking about dial tones, but things like bill- The $600 billion question is whether we’ll puter storage was precious was supposed to ing (watch out for 100-year charges). Certain fix the Bug in time. The good news is that have been long gone by now, but the practice commercial operations that run phone sys- the computer industry is finally responding became standard. While any idiot familiar tems by computer could also go silent if the to the challenge. For months now, with the situation could figure out that the software isn’t fixed. squardrons of digital Jeremiahs have been world’s computers were on a collision course Medicine. Besides the expected mess in addressing tech conferences with tales of im- with the millennium, no one wanted to be billing systems, insurance claims and pa- pending apocalypse. The most sought-after is the one to bring it up to management. And, tient records, hospitals and doctors have to Peter de Jager, a bearded Canadian who really, which executive would welcome a worry about embedded chips—microproc- scares the pants off audiences on a near- message from nerddom that a few million essors inside all sorts of devices that some- daily basis. ‘‘If we shout from the rooftops, bucks would be required to fix some obscure times have date-sensitive controls. The year they accuse us of hype,’’ he complains. ‘‘But problem that wouldn’t show up for several 2000 won’t make pacemakers stop dead, but if we whisper in an alley, no one will listen.’’ years? it could affect the data readouts it reports to Last week in Boston de Jager demonstrated So only now, as the centurial countdown physicians. the rooftop approach: ‘‘If you’re not chang- begins, are we learning that the digit-drop- Weapons. Newsweek has obtained an inter- ing code by November of this year,’’ he ping trick has changed from clever to cata- nal Pentagon study listing the Y2K impact warned, ‘‘you will not get this thing done on strophic. Because virtually all the main- on weapons and battlefield technologies. In time—it’s that simple. We still don’t get it.’’ frame computers that keep the world hum- their current state, ‘‘a year 2000 problem ex- But we’re starting to. Most major corpora- ming are riddled with software that refuses ists’’ in several key military technologies tions now have year 2000 task forces, with to recognize that when 1999 runs out, the and they will require upgrading or adjust- full-time workers funded by multimillion- year 2000 follows. When that date arrives, the ments. One intelligence system reverts to dollar budgets, to fix a problem that their computers are going to get very confused. the year 1900, another reboots to 1969. The re- bosses finally understand. They’re aided by (PCs aren’t as affected; sidebar.) So that port confidently states that as far as nuclear an army of consultants and specialized com- seemingly innocuous trick now affects ev- devices like Trident missiles are concerned, panies. Some, like Data Dimensions, offer erything from ATMs to weapons systems. ‘‘there are no major obstacles which will pre- full Y2K service, providing tools, program- Virtually every government, state and mu- vent them from being totally Year 2000 com- mers and guidance. Others, like Peitus, sell nicipality, as well as every large, midsize pliant by Jan. 1999.’’ special software to help find offending code and small business in the world, is going to Money. Banks and other financial institu- and, sometimes, even convert it. (The final, have to deal with this—in fact, if they tions generally will go bonkers if they don’t most arduous stage, testing, still defies auto- haven’t started already it’s just about too fix the year 2000 problem. The Senate Bank- mation.) These firms are the new darlings of late. Fixing the problem requires painstak- ing Committee is even worried that vertigi- Wall Street. But buyer beware—consultants ing work. The bill for all this? Gartner nous computers might automatically erase are coming out of the woodwork to exploit Group estimates it could go as high as $600 the last 99 years worth of bank records. the desperation of late-coming companies. S5270 CONGRESSIONAL RECORD — SENATE June 3, 1997 Someone might promise a phalanx of bril- really facing up to the potential disaster clock on their mainframe computer forward liant programmers to fix the Bug, but ‘‘for that is down the road a little bit,’’ says Sen. to a minute before the turn of the century— all you know, it could be 10 people in a ga- Fred Thompson. If Y2K indeed becomes a ca- and watched. rage doing it by hand,’’ says Ted Swoyer, a lamity, it may well be the vice president who At first, the system continued to process Peritus exec. Still, the creation of a Y2K-fix- suffers—imagine Al Gore’s spending the en- financial records as before. Then, as time ing infrastructure is encouraging. tire election campaign explaining why he ticked on, the bankers realised that the fig- It’s not uncommon to find gung-ho efforts didn’t foresee the crisis. (Gore declined to ures made no sense. It took some time for like the one at Merrill Lynch: an 80-person speak to NEWSWEEK on Y2K problem). older staff to realise what was happening. Y2K division working in shifts, 24 hours a Here’s the recipe for a federal breakdown: The machine had assumed it was working in day, seven days a week. It’ll cost the com- not enough time and not enough money. 1900 and was calculating in pounds, shillings pany $200 million, a sum that could hire Mi- While the Office of Management and Budget and pence, the denominations replaced by chael Eisner and fire Mike Ovitz. ‘‘Our re- claims the problem can be fixed for $2.3 bil- the present decimal system in 1971. turn on investment is zero,’’ says senior VP lion, most experts think it will take $30 bil- Howard Sorgen. ‘‘This will just enable us to lion. Rep. Stephen Horn held hearings last (Do not try that this at home. Your per- stay in business.’’ year to see if the federal agencies were tak- sonal computer might crash or destroy infor- So maybe we’re not in for a full-scale dis- ing steps ‘‘to prevent a possible computer mation held in programs which rely on aster. Let us assume—oh God let it be true— disaster,’’ and was flabbergasted at the lack dates.) that those in charge of life-sustaining appli- of preparedness. His committee assigned The ‘‘millennium bomb’’ is the con- cations and services will keep their promises each department a letter grade. A few, nota- sequence of the computer specialist’s habit to fix what needs fixing. The costs and liabil- bly Social Security, were given A’s. (The of storing the year in a date as two, rather ities of not doing so are too huge not to. (On SSA has been working on the problem for than four, digits—97 rather than 1997. It was the other hand, when did you last see a huge eight years and now has it 65 percent licked; a way of saving space when computer mem- software project that met its deadline and at that rate it will almost make the dead- ory was expensive. Few programmers ex- worked perfectly? Just asking.) Still, there line.) Those with no plan in place—NASA, pected systems written many years before will almost certainly be severe dislocations the Veterans Administration—got D’s. Spe- the millennium to be in use after it. because of the mind-boggling enormity of cial dishonor was given to places where inac- The result? ‘‘Never in human history have the problem. tion could be critical, yet complacency still we shot ourselves in the feet so badly,’’ says Even the most diligent companies don’t ruled, like the departments of Labor, Energy Mr. Brad Collier, a director of Millennium have total confidence they can fix every- and Transportation. UK, a consultancy which specialises in the thing. Consider BankBoston, the 15th largest State governments are also up against the problem. commercial bank in the United States. Early 2000 wall. California, for instance, finished in 1995, the company realized that ‘‘it was a its inventory last December and found that Nobody who has investigated the problem problem that could bring an institution to more than half of its 2,600 computer systems has any doubt that it is serious and complex its knees,’’ says David Iacino, who heads the required fixes. Of those, 450 systems are con- and will touch the lives of virtually every- bank’s Team 2000. To stop a meltdown, sidered ‘‘mission critical,’’ says the state’s one. In the UK, the normally unemotional BankBoston has to probe 60 million lines of chief information officer John Thomas National Audit Office, the public spending code. the harder BankBoston works at solv- Flynn. These include computers that control watchdog, has warned that unless govern- ing the problem—it now has 40 people work- toll bridges, traffic lights, lottery payments, ment systems are modified in time, salaries ing full time on it—the more complicated it prisoner releases, welfare checks, tax collec- might not be paid, invoices might not be is- seems. ‘‘Every day, when we see something tion and the handling of toxic chemicals. sued, collection of taxes could be put at risk, new we haven’t thought about, we get addi- As bad as it seems in the United States, defence systems could malfunction and inac- tional angst,’’ said Iacino. the rest of the world is lagging far behind in curate hospital records could be created. Of the 200 BankBoston applications that fixing the problem. Britain has recently While the government is taking urgent need revamping, only a handful have been awakened to the crisis—a survey late last steps to ensure that its systems will work completed so far. BankBoston is now sepa- year showed that 90 percent of board direc- after 2000, the NAO detected some indica- rating the essential work from the non- tors knew of it—but the head of Britain’s tions that its programme was slipping be- critical, and if the Bug causes less dire prob- Taskforce 2000, Robin Guenier, worries that hind schedule. Computers and software fresh lems, like the heavy vault doors swinging only a fraction really understand what’s re- out of the box today are as likely to fail a open on New Year’s Eve, it’ll just cope: quired. ‘‘I’m not saying we’re doomed, but if 2000 compliance test as older systems, so in- ‘‘Vaults are physical things,’’ says Iacino. we are not doing better in six months, I real- grained is the habit—which persists—of writ- ‘‘If push comes to shove, we can put a guard ly will be worried,’’ he says. He expects the ing the year as two digits. in front.’’ cost to top $50 billion. On the Continent, Then there is the problem of ‘‘embedded Now, if BankBoston, which started early things are much worse; most of the informa- processors’’. These are silicon chips which and has been driving hard, is already think- tion-processing energy is devoted to the control everything from traffic lights and ing triage, what is going to happen to insti- Euro-currency, and observers fear that when medical equipment to power stations and tutions that are still negotiating in the face countries like Germany and France finally electronically guided weapons. They may or of a nonnegotiable deadline? The Gartner tackle 2000, it might be too late. may not be affected by the date change—the Group is estimating that half of all busi- Russia seems complacent. Recently Mi- lack of information is a serious hindrance. nesses are going to fall short. ‘‘There’s still khail Gorbachev met with Representative If hospital radiation equipment were af- a large number of folks out there who Horn in Washington, expressing concern fected, for example, it might deliver inac- haven’t started,’’ says Matt Hotle, Gartner’s about how far behind Russia is in dealing curate doses or close down completely. Sir research director. with the Bug; Gorbachev raised its possible Robert Horton, the chairman of Railtrack, As businesses finally come to terms with impact on the country’s nuclear safeguards. the company responsible for the UK’s rail- the inevitable, it’s going to be panic time. In The list can go on, and on and on. ‘‘It’s like way infrastructure, told a seminar this year about a year, expect most of the commercial an iceberg,’’ says Leon Kappelman, an aca- that embedded systems could affect lifts, ac- world to be totally obsessed with the Bug. demic and Y2K consultant. ‘‘I would cer- cess controls, switchboards and facsimile ‘‘Pretty soon we have to just flat stop doing tainly be uncomfortable if Wall Street were machines. other work,’’ says Leo Verheul of Califor- to close for a few days, but I can live with nia’s Department of Motor Vehicles. that. But what if the water system starts Mr. Robin Guenier, head of TaskForce 2000, But no amount of money or resources will sending water out before it’s safe? Or a the unit set up by the government to raise postpone the year 2000. It will arrive on time, chemical plant goes nuts? Anybody who tells awareness of the problem, says it is already even if all too many computers fail to recog- you ‘Oh, it’s OK’ without knowing that it’s too late to solve the problem in its entirety. nize its presence. been tested is in denial.’’ But he counsels against despair or panic. ‘‘It’s staggering to start doing mind games It’s tough out there on the front lines of on what percentage of companies will go out Yet it is important to realise that while Y2K. And in less than a thousand days, it of business,’’ says Gartner’s Hotle. ‘‘What is fixing the millennium bomb is not tech- might be tough everywhere. ‘‘There are two the impact to the economy of 1 percent going nically difficult, it is tedious, time-consum- kinds of people,’’ says Nigel Martin-Jones of out of business?’’ Or maybe more: Y2K expert ing and detailed. Data Dimensions. ‘‘Those who aren’t work- Capers Jones predicts that more than 5 per- As a first step, it is sensible to protect ing on it and aren’t worried, and those who cent of all businesses will go bust. This would your job by asking your employers what are working on it and are terrified.’’ throw hundreds of thousands of people into steps they have taken to deal with the prob- Tick, tick, tick, tick, tick. the unemployment lines—applying for lem. The next step is to protect your savings checks that may or may not come, depend- and investments by asking these same ques- MILLENNIUM BOMB TICKS AWAY ing on whether the government has success- tion of your financial services companies— fully solved its Y2K problem. (By Alan Cane) banks, pension funds, brokers and so on. What is the U.S. government doing? Not Staff at a Scottish bank, curious to know Only if they show no signs of understanding enough. ‘‘It’s ironic that this administration what effect the millennium date change what you mean should you take extreme that prides itself on being so high tech is not would have on their systems, turned the steps, such as withdrawing your funds.∑ June 3, 1997 CONGRESSIONAL RECORD — SENATE S5271 TRIBUTE TO THE PHILADELPHIA lives of the citizens of Krasnador, Rus- have TeamRehab’s clients benefited MARTIN LUTHER KING, JR. AS- sia. He assisted Kubantex, a textile from her work, but so have her employ- SOCIATION FOR NONVIOLENCE company, to set up a business and mar- ees. Marilyn is known for her fairness keting plans. Henry was an ‘‘inter- ∑ Mr. SANTORUM. Mr. President, our and commitment to a team effort. Her nation’s children are turning to crime national volunteer’’ for our Nation and commitment to this team has proven and violence at alarming rates. Per- has represented our strong democratic successful as she continues to help her haps more than ever before, young peo- beliefs and practices of a free-market clients strive to remain as self-suffi- economy. ple need direction from good men and cient as possible. His spectacular display of volunta- women in their communities who are Abraham Lincoln stated ‘‘Always rism provided active assistance for peo- bear in mind that your own resolution willing to get involved. They need role ple in need and helped to build strong models to help them understand that to succeed is more important than any ties of respect and trust between Amer- other one thing.’’ TeamRehab’s success an honest life is not an easy life, but it ica and Russia. Henry’s mission will is a better life. Fortunately, there are and accomplishments are testimony to help to end the cycle of dependency on her resolve. She is a role model for all people and groups who are reaching out foreign assistance, by fostering private to at-risk youth. Today, I rise to com- small business owners and I congratu- sector involvement in international de- late Marilyn Moore for this well-de- mend the efforts of one such organiza- velopment. tion. The Philadelphia Martin Luther served honor.∑ I commend Henry for his dedicated f King, Jr. Association for Nonviolence service and I am proud to represent is making a difference, one child at a him in the U.S. Senate.∑ THE BUDGET time. f ∑ Mr. KYL. Mr. President, I rise to On April 4, the anniversary of Dr. MARILYN MOORE, 1997 MISSOURI speak for a few minutes today about King’s assassination, the Association the budget that passed the Senate a for Nonviolence sponsored a ‘‘Youth SMALL BUSINESS PERSON OF THE YEAR week-and-a-half ago—a budget that I and the Culture of Violence’’ town opposed. In particular, I want to dis- meeting. This event brought a cross- ∑ Mr. BOND. Mr. President, today I cuss what appears to have made it pos- section of the community together to pay tribute to an exceptional small sible for congressional leaders and the discuss violence prevention programs, business person and fellow Missourian: White House to bridge their differences current statistics on youth violence, Marilyn Moore. Marilyn recently re- and produce a budget agreement that and new ideas for training young peo- ceived the Small Business Administra- allegedly leads to balance by the year ple to solve their problems peacefully. tion’s [SBA] 1997 Small Business Per- 2002. Teenagers from the Philadelphia area son of the Year Award for Missouri. As Mr. President, it seems to me that it joined community leaders, educators, chairman of the Committee on Small was a projected $225 billion surge of juvenile justice officers, psychologists, Business, it is exciting for me to con- revenue from a strong and growing and other concerned citizens in this gratulate such a respected and dedi- economy—an extra $45 billion in each important outreach effort. cated leader from my home State of of the next 5 years—that helped bridge Missouri. Almost 30 years ago, Dr. King gave the gap. Without that additional reve- The SBA honors one small business his life for his dream of a non-violent nue, which was identified by the Con- world. Through peaceful protest, he person from each State at national ceremonies during Small Business gressional Budget Office the night be- changed the heart of a nation. Dr. fore the agreement was reached, no King’s dream of a just, peaceful society Week, June 1–7. These small business owners are acknowledged for their deal would have been possible. lives on through the work of those who Of course, the negotiators did not achievements and contributions to the continue to teach his principle of non- reach balance by applying that revenue Nation’s economy. SBA uses several violence. It is fitting that the organiza- windfall to deficit reduction or tax re- tion which bears his name is reaching criteria to select the small business person from each State, these include; lief, as you might expect. Most of it out and offering hope to a new genera- was used instead to accommodate high- tion. staying power, growth in number of employees, increase in sales and/or unit er levels of spending demanded by Mr. President, I commend the Phila- President Clinton and even some in delphia Martin Luther King, Jr. Asso- volume, current and past financial re- ports, innovative product or service, Congress. In other words, balance ciation for Nonviolence for addressing would be achieved, but at a level of the issue of youth violence. I ask my response to adversity, and evidence of contributions by the nominee to aid spending $45 billion higher per year colleagues to join me in recognizing than if all the additional revenue were the important work this organization the community. The small businesses are nominated by trade associations, applied to deficit reduction or tax re- has done and in extending the Senate’s lief alone. The fact that the budget best wishes for continued success to chambers of commerce, and business organizations. The SBA then selects deal enlarges Government is one reason the men and women who have dedi- why I voted against it. cated their lives to preventing youth from each State the business it feels has best met all of the criteria. Still, the budget negotiators rightly violence.∑ Missouri’s representative, Marilyn identified a thriving economy as one of f Moore, is president of TeamRehab, the keys to solving our Nation’s chron- ic deficit problem. And unlike previous TRIBUTE TO HENRY P. JOHNSON Inc., located in Clayton, MO. Her com- pany is dedicated to providing therapy budget agreements, they looked to eco- ∑ Mr. SMITH of New Hampshire. Mr. services to physically challenged indi- nomic growth to provide the additional President, I rise today to pay tribute viduals. TeamRehab uses physical, oc- revenue, avoiding the trap of tax in- to Henry P. Johnson of Meriden, NH, cupational, and speech therapy to help creases, which limit the economy’s po- retired plant manager of Dorr Woolen these individuals, and its services ex- tential and, in turn, make it harder to Co., for his exceptional service as a vol- tend to more than 35 nursing home fa- eliminate the red ink. They even found unteer executive in Krasnador, Russia. cilities, outpatient clinics, and home a way to provide a limited amount of Henry worked on a volunteer mission health agencies in the greater St. tax relief. with the International Executive Serv- Louis metropolitan area and southern But with the deal so dependent upon ice Corps, a nonprofit organization Illinois. TeamRehab was established in economic growth, and no significant that sends retired Americans to assist 1982 with two employees, and since changes in policy to prevent the al- businesses and private enterprises in that time has grown to more than 135 ready lengthy expansion from running the developing world and the new employees. TeamRehab is committed its course within the next few years, emerging democracies of Central and to quality care as demonstrated by its many of us believe that it will be dif- Eastern Europe and the former Soviet mission to enhance the quality of life ficult, if not impossible, to ever realize Union. and dignity of our clients. the extra revenues that the budget Henry helped provide technical and Marilyn’s work in the St. Louis com- agreement depends on to bring the managerial leadership to improve the munity is exemplary, and not only budget into balance. S5272 CONGRESSIONAL RECORD — SENATE June 3, 1997 As you know, Mr. President, the indicates that the maximizing capital- the capital gains tax, and the other agreement itself provides no tax cuts— gains tax rate—that is, the rate that eliminating death taxes—will probably no family tax credit, capital gains re- would bring in the most revenue to the not pass in their current form. The lief, death-tax relief, or education tax Treasury—is somewhere between nine small amount of tax relief allowed by credit. It merely establishes the over- and 21 percent. The Capital Gains Re- the budget agreement will not permit all size of the tax cut that Congress form Act, by virtue of the 70 percent it if we are to provide child-tax credits, will begin writing in a few weeks. It exclusion, would set an effective top education credits, and other tax relief permits a net tax cut of $85 billion over rate on capital gains earned by individ- as well. But it is capital-gains and es- the next 5 years—a minuscule amount uals at about 12 percent. tate-tax reform that could help keep considering that the Treasury will col- President Clinton recognized the im- the economy on track, producing the lect an estimated $8.6 trillion over that portance of lessening the capital-gains revenues needed to bring the budget time period. tax burden by proposing to eliminate into balance. Considering that even the modest the tax on most gains earned on the As President Kennedy put it, ‘‘An tax-cut package congressional leaders sale of a home. That is a step in the economy hampered with high tax rates proposed earlier this year—a $500-per- right direction, but if a capital-gains will never produce enough revenue to child tax credit, a 50-percent cut in the tax cut is good for homeowners, it balance the budget, just as it will never capital-gains tax, estate-tax relief, and should be good for others who save and produce enough output and enough expanded Individual Retirement Ac- invest as well. I believe we ought to jobs.’’ Capital-gains and estate-tax re- counts—will cost an estimated $188 bil- follow the Kennedy model and provide lief should be at the top of the list lion, it is doubtful that Congress will a permanent, broad-based capital-gains when it comes time for Congress to be able to provide even that level of re- tax cut. write a tax bill in the coming weeks.∑ lief. It is more than twice the net tax Mr. President, estate-tax relief is the f cut allowed by the agreement. The lim- second item that should be accommo- dated within the limited amount of tax ited amount of tax relief is another MSGR. KENNETH VELO reason that I voted against the budget relief available under the budget agree- agreement. ment. I have proposed that such death ∑ Ms. MOSELEY-BRAUN. Mr. Presi- Rather than spread tax relief so thin taxes be repealed outright, as rec- dent, it is my pleasure to congratulate that it does no one much good, some of ommended by both the Clinton-spon- Msgr. Kenneth Velo, president of the us are now suggesting that we focus re- sored White House Conference on Catholic Church Extension Society and lief on just a few things that will do Small Business in 1995 and the Kemp priest of the Archdiocese of Chicago, as the most good for the economy over- tax-reform commission in 1996. the Joint Civic Committee of Italian The respected liberal Professor of all—that is, on capital formation. After Americans honors him on June 7, 1997 Law at the University of Southern all, not one business can begin, not one as the recipient of the Joseph Cardinal California, Edward J. McCaffrey, re- company can expand, not one new job Bernardin Humanitarian of the Year cently observed that polls and prac- can be created, not one wage can be in- Award. tices show that we like sin taxes, such creased without the capital to start. Monsignor Velo, who was born on With that in mind, the single best as on alcohol and cigarettes. ‘‘The es- Chicago’s south side, was ordained as a tate tax,’’ he went on to say, ‘‘is an thing we could do would be to provide Catholic priest in May 1973, after at- anti-sin, or a virtue, tax. It is a tax on a deep reduction in the tax on capital tending St. Mary of the Lake Seminary work and savings without consump- gains. Ideally, the reduction should in Mundelein, IL. Monsignor Velo tion, on thrift, on long-term savings.’’ match that which was recommended by served as associate pastor of St. Angela The estate or death tax thus discour- Democratic President John F. Kennedy Parish in Chicago from 1973 to 1980 and ages the very activity that is necessary as part of his economic growth plan in as associate pastor of Queen of All to help our economy grow and prosper. 1963—a 70-percent exclusion for gains Saints Basilica from 1980 to 1981. In The tax is particularly harmful to 1981, he assisted the Archdiocese of earned by individuals, and an alter- small businesses, including those native tax rate of 22 percent for cor- Chicago as assistant chancellor, and owned by women and minorities. It is from 1983 to 1985 served as vice-chan- porations. Ironically, President Ken- imposed on a family business when it is nedy’s plan, which I introduced this cellor of the Archdiocese of Chicago. least able to afford the payment—upon Known for his ability to remember year as the Capital Gains Reform Act, the death of the person with the great- not only names and faces, but the cir- S. 72, proposed even deeper capital- est practical and institutional knowl- cumstances of the people he encoun- gains cuts than the Republican Con- edge of that business’s operations. It tered, Monsignor Velo was asked by gress passed a year-and-a-half ago. should come as no surprise then that a the late Joseph Cardinal Bernardin, Capital-gains reform will help em- 1993 study by Prince and Associates—a Archbishop of Chicago, to serve as the ployers and employees. The American Stratford, CT consulting firm—found Cardinal’s executive assistant in 1985. Council for Capital Formation esti- that 9 out of 10 family businesses that Monsignor Velo would serve the Car- mates that a Kennedy-like plan would failed within 3 years of the principal dinal in this capacity for 14 years. reduce the cost of capital by at least 8 owner’s death attributed their compa- Monsignor Velo was, at times, the Car- percent, leading to as many as 150,000 nies’ demise to trouble paying death new jobs a year. taxes. dinal’s sounding board, driver, eyes and It will also help the Treasury. Be- In other words, instead of passing a ears. Ultimately, it would be Mon- tween 1978 and 1985, the top marginal hard-earned and successful business on signor Velo who would orchestrate Car- tax rate on capital gains was cut by al- to the next generation, many families dinal Bernardin’s death rites and care most 45 percent—from 35 percent to 20 have to sell the company in order to for the Cardinal’s mother after his percent—but total individual capital pay the death tax. The upward mobil- death. No one will ever forget the pow- gains tax receipts nearly tripled—from ity of such families is stopped in its erful and moving eulogy the Monsignor $9.1 billion to $26.5 billion annually. tracks. The proponents of this tax say delivered in memory of his friend. That may come as a surprise to some they want to hinder concentrations of In 1994 Pope John Paul II, moved by people, but the fact is that when tax wealth. What the tax really hinders is his reputation as a public servant, ap- rates are too high, people merely hold new American success stories. pointed Monsignor Velo to be President on to their assets to avoid the tax alto- The Heritage Foundation estimates of the Catholic Church Extension Soci- gether. No sale, no tax. But that means that repeal will, over the next 9 years, ety, a national philanthropic organiza- less investment, fewer new businesses spur $11 billion per year in extra out- tion that has helped isolated and im- and new jobs, and—as historical put, lead to the creation of an average poverished missions throughout the records show—far less revenue to the of 145,000 additional jobs, and increase United States since 1905. As president Treasury than if capital-gains taxes personal income $8 billion a year over of the Catholic Church Extension Soci- were set at a lower level. current projections. ety, Monsignor Velo has only re- Research by experts at the National Mr. President, I know that my two affirmed his reputation as an individ- Bureau of Economic Research actually bills—one providing a deep reduction in ual dedicated to helping others. June 3, 1997 CONGRESSIONAL RECORD — SENATE S5273 Monsignor Velo is a true humani- ball Team. And in 1994, Rudy was rec- many people do you meet in a lifetime who tarian. Today, I extend my sincere con- ognized for all his work when he was have never had anything bad said about gratulations to Monsignor Velo for re- inducted into the Kentucky Athletic them?’’ Said U of L athletic director Bill Olsen: ceiving the Joseph Cardinal Bernardin Hall of Fame. ‘‘Dr. Ellis meant a lot to this program. . . . Humanitarian of the Year Award. Mr. President please join me in ex- His caring and compassion for people ex- Through his extraordinary personal ef- tending my heartfelt sympathy and tended beyond athletes. Everyone had a lot fort for the betterment of our commu- prayers to the Ellis family, his wife of confidence in Doc. He was your best nity, Monsignor Velo truly has personi- Ruth Anne and his four children, John, friend; he was a father figure to many stu- fied the humanitarian nature of Joseph Jim, Linda and Amy, and to all those dent-athletes and in many ways was a whose lives he touched. He will be coach.’’ Cardinal Bernardin. I am proud to join Jock Sutherland, the longtime radio an- the Joint Civic Committee of Italian missed very, very much. nouncer for U of L, added: ‘‘He was a great Americans in recognizing Monsignor Mr. President I ask that two articles person. There aren’t many people outside of Velo’s achievements.∑ from the Louisville Courier-Journal be your family that you can say you love. I ac- f printed in the RECORD. tually love Rudy Ellis. I love everything he The articles follow: stands for.’’ TRIBUTE TO DR. RUDY ELLIS [From the Courier-Journal, June 3, 1997] The university honored Ellis in 1995 with a scholarship in his name. He was inducted ∑ Mr. McCONNELL. Mr. President, ELLIS, BELOVED U OF L TEAM DOCTOR, DIES into the Kentucky Athletic Hall of Fame in AT 78 today I rise to mourn the death and 1994. celebrate the life of a close friend, Dr. (By Ashley McGeachy) A native of Mississippi, he attended Mis- Rudy J. Ellis, Sr., who passed away Dr. Rudy J. Ellis, the caretaker of Univer- sissippi State on a football scholarship and this past Monday, June 2, 1997. sity of Louisville athletes for more than 35 was the Bulldogs’ starting quarterback from Dr. Rudy Ellis was an inspiration to years, died of an apparent heart attack yes- 1938 through ’40. He graduated from U of L’s those who knew him. He was a re- terday morning. He was 78. medical school in ’43 and became the Cards’ Details of Ellis’ death were sketchy, but he spected orthopedic surgeon in Louis- team physician in 1961 at the behest of Peck and his wife, Ruth Anne, were in Vicksburg, Hickman, then the basketball coach. ville, KY, and was the team physician Miss., over the weekend for his high school He opened the Rudy J. Ellis Sports Medi- for University of Louisville athletics. reunion. He died there. cine Center in Louisville in 1980, and he Through the years, Rudy touched the Ellis was said to be in fine health as he em- served at times as team physician for the lives of many people in the community barked on the trip. He had suffered a heart Louisville Redbirds and the old Kentucky as well as the thousands of Cardinal attack five years ago to the day of his death, Colonels. He worked with Bellarmine Col- athletes that he treated during his 35 but he had suffered no serious health prob- lege, Lindsey Wilson College, Hanover Col- years as U of L’s team doctor. lems since. lege, St. Catharine College and Spalding Uni- An orthopedic surgeon, Ellis became the versity in addition to the Jefferson County I had one thing in common with team physician for all U of L sports in 1961 Public Schools. Rudy, we both started at the Univer- and worked with all athletes through 1986 Pearson’s Funeral Home on Breckinridge sity of Louisville at about the same when he stepped down from the Cards’ foot- Lane is handling the services, although the time. He became the U of L team phy- ball and baseball teams. He was a U of L in- family didn’t plan to make arrangements sician in 1961. Since that time, he stitution who never was paid for his work. until today. treated athletes in all sports, except As news of Ellis’ death spread throughout Ellis is survived by his wife and four chil- dren, sons John and Jim, and daughters when he stepped down from the Cards’ the U of L community, there was sadness over the loss of the soft-spoken, gentle man Linda and Amy. football and baseball teams in 1986. Dr. who healed whoever was ailing. LOUISVILLE HAS LOST A DOCTOR TO US ALL Rudy Ellis has done more good for ‘‘He loved athletes whether it was a high (By Rick Bozich) more people through the university school kid or a professional,’’ said Cardinals I didn’t want to call Dr. Rudy Ellis’ home basketball trainer Jerry May, who worked than virtually anyone else. at 10:45 on a Tuesday night during Super with Ellis since joining U of L as a student As a U.S. Senator, I get to travel Bowl week. But when you’re a newspaper across Kentucky and meet many great trainer in 1971. ‘‘He loved to make sure that person on deadline, where else were you people who have made a difference in they were taken care of. He probably never going to turn for an explanation of how an the State. And if I had to make a list got paid much for any athlete he ever saw, anterior cruciate ligament works and how but the prerequisite wasn’t whether they of the truly great Kentuckians, Dr. you repair it? could pay. The prerequisite was them being You called Rudy Ellis, doctor to us all. Rudy Ellis would rank in the Top five. hurt.’’ The first thing he did was tell me to stop A former member of the U of L’s May drove the Ellises to the airport Thurs- apologizing for calling at that hour. board of trustees and board of over- day night for their trip to Mississippi and The second thing was to explain every- seers, Rudy was one of the pioneers in was scheduled to pick them up last night. thing he knew about the anterior cruciate sports medicine in Kentucky. He ‘‘He was like a father to me,’’ May said. ligament, how he repaired one and how long opened the Rudy J. Ellis Sports Medi- ‘‘We were very close. We roomed together (on the recovery is. road trips) and have ridden many a mile to- cine Center in 1980. And over the years, And, finally, after he asked how I was en- gether.’’ joying New Orleans, the third thing he did he has been an integral part of the ath- Said a teary Sherry Samenick, a U of L was make me promise to call back later that letic programs at many Jefferson trainer who worked with Ellis for 17 years: evening if I had further questions about any- County high schools, by providing free ‘‘He’s the epitome of loyalty, dedication, thing he had just patiently explained in in- annual physical examinations for the love, friendship and selflessness. . . . He credible detail for 20 minutes. 4,000 athletes in the school system. In didn’t turn anybody down.’’ ‘‘Don’t worry about it, paaaart-ner,’’ Ellis Ellis helped everyone from the biggest 1993, to show their appreciation for his always said in that soft comforting drawl stars at U of L to high school athletes to ail- that rolled all the way back into his boyhood hard work and compassion for the ing fans and media members. He helped Dar- days in Mississippi. ‘‘We’ll take care of it.’’ young athletes, the athletic directors rell Griffith and Scooter McCray when they Ellis did not believe in the doctor-patient from across Kentucky created an had knee problems, Dwayne Morton when he relationship. He believed in the friend-friend award for people who provide distin- broke his hand, Samaki Walker when he relationship. He was an orthopedic surgeon guished service to high school sports. fractured his foot and, most recently, who handled sports-related problems, but his Who better to receive the first award DeJuan Wheat when he sprained his ankle real specialty was his warm and compas- than the man they named it after, Dr. during the NCAA Tournament in March. sionate personality. ‘‘I don’t care how long you’re at it, you It did not matter whether you were a Uni- Rudy Ellis. never get used to it,’’ Ellis once said of deal- versity of Louisville Cardinal, a Louisville High school gyms and the University ing with players’ injuries. ‘‘You get real Redbird, a Kentucky Colonel, a five-morn- of Louisville weren’t Rudy’s only close to these kids, kind of feel like they’re ing-a-week jogger or a substitute third base- stomping grounds; he also participated your own children, and you get a little man in a Sunday night softball league—you in the athletic programs at Bellarmine frightened every time they take a spill.’’ lost a tireless friend when Rudy Ellis died College, Lindsey Wilson Junior Col- When Scott Davenport, an assistant bas- yesterday. lege, Hanover College, St. Catherine ketball coach at U of L, broke his arm at age Ellis was as concerned about your knee as 6, Ellis fixed it. When Davenport’s son, Doug, Darrell Griffith’s knee, as worried about College, Spalding University, Louis- fractured his leg seven years ago, Ellis’ son, your shoulder as Felton Spencer’s shoulder, ville Redbirds, Kentucky Colonels Bas- John, fixed it. as interested in your day as he was in any- ketball Team, CBA Catbirds Basketball ‘‘One generation set one; one generation thing he was doing in the most action- Team and Louisville Shooters Basket- set the other,’’ Davenport said, adding, ‘‘How packed retirement I have ever seen. S5274 CONGRESSIONAL RECORD — SENATE June 3, 1997 You were just as likely to find him and his mittee itself has been in existence. Ask Vietnam veterans, including creation associates at the Streetball Showdown as him about any piece of legislation that of a National Center on Post Trau- you were at Freedom Hall, where he served came before the committee during his matic Stress Disorder; implementation so many years as the U of L team physician. tenure, and he can most likely give you of several initiatives to address the Jim Watkins, the athletic director for Jef- ferson County Public Schools, cannot re- a blow-by-blow description of its legis- problem of nurse shortages at VA hos- member when this state has conducted finals lative history, the major players in- pitals; changes in VA’s procedures re- for any sport without representatives of volved, subsequent modifications, etc. sponding to the needs of women veter- Ellis’ office on the scene. Everyone who has heard of Bill’s depar- ans sexually assaulted while on active In 1993 athletic directors across Kentucky ture has commented on how great the duty; and revision of VA health care created an award for friends of high school loss of his institutional memory will eligibility rules. He also collaborated sports, outside of school personnel, who pro- be. with the General Accounting Office to vide distinguished service. Not only did the Bill is truly a fountain of knowledge design and conduct a study evaluating athletic directors give Ellis the first award, about veterans legislation. But his is but they also named it the Dr. Rudy J. Ellis the supervision of VA surgical resi- Award. no dry history lesson. Bill is a wonder- dents, and then worked with VA to ‘‘Nobody could be more deserving,’’ Wat- ful storyteller, whose recounting of the carry out recommended changes lead- kins said. ‘‘Or more humble.’’ past is full of humor and the little de- ing to increased quality of surgical Ellis never sent the high schools a bill. He tails that bring those events to life. care. only sent every patient on the way with a And no one shares his knowledge Bill left behind big shoes to fill. He is smile, convincing you that if you followed more generously and willingly than enormously missed by all of us who his instructions you’d be hanging on the rim Bill. He is a gifted teacher. Countless worked with him.∑ again soon. No wonder so many local ath- young—and not so young—legislative letes who have become professionals never f let another doctor take their temperature staffers have benefited from his unique until they checked with him. expertise. Bill’s patience is legendary. RECOGNITION OF CFIDS Griffith was not Dr. Dunkenstein, the 1980 No matter how many times he ex- AWARENESS DAY college basketball player of the year, when plained something, he was always will- he met Ellis. Griffith was a terrified Male ing to take time to go over it again. ∑ Mr. SANTORUM. Mr. President, I High School sophomore wincing from every His mentoring of younger staffers was rise today to reaffirm my support for breath after taking a hard shoulder to his particularly meaningful to many with the tireless effort of the Chronic Fa- chest at practice. whom he discussed not only work is- tigue Syndrome Association of Lehigh ‘‘You look a little worried, son,’’ Ellis said Valley to fight chronic fatigue and im- after Wade Houston, the Male coach, brought sues, but life goals and philosophies. Bill anchored the committee through mune dysfunction syndrome [CFIDS], Griffith to the office. ‘‘Well, you’re going to or Chronic Fatigue Syndrome [CFS]. live. In fact, you’ll be fine.’’ times of change. He saw the committee ‘‘Dr. Ellis wasn’t in medicine for the through several shifts of control from For five years, the CFS Association money,’’ Griffith said. ‘‘He was really in Democratic to Republican Congresses, of Lehigh Valley has been dedicated to medicine to help people. When you looked in and although a committed Democrat finding a cure for CFIDS, increasing his eyes, you saw he really cared about you.’’ himself, won the respect and apprecia- public awareness, and supporting vic- Ask any high school athlete who attended tion of both Democratic and Repub- tims of this disease. The Lehigh Valley Super Saturday. For at least the past 15 lican chairmen alike. He was tremen- organization is actively involved in years, Ellis organized a battalion of local dously helpful to me at the time I as- CFS-related research. In addition, they doctors and trainers who provided physical regularly participate in seminars to examinations for any high school athlete. He sumed chairmanship of the committee insisted that the Super Saturdays be staged in 1993. He has truly been a mainstay of train health care professionals. Public three times a year so athletes from fall, win- the committee. education is an essential aspect of the ter and spring sports were covered. Watkins Bill is a graduate of Notre Dame association’s mission. For instance, said the doctors examined 1,500 to 2,000 stu- (B.A.) and Catholic University School they arranged the broadcast of a video dents at each session. of Law (J.D.), a two-term veteran of documentary about CFIDS on public At each free session, that is. the Navy, including 18 months duty in television. Likewise, the Lehigh Valley ‘‘There aren’t many people like Rudy Vietnam, and a devoted family man, organization raises public awareness Ellis,’’ Watkins said. ‘‘He truly believed it through the International CFIDS was his responsibility that every athlete had the father of five children. He is a role quality medical care.’’ model of old-fashioned values—hon- Awareness Day, which is held on May ‘‘Louisville has lost a great man,’’ Griffith esty, integrity, fairness, service to oth- 12 each year. I would also note that the said. ers, modesty. He is a true team player. CFS Association of Lehigh Valley re- And Louisville has lost a great friend.∑ He never claimed the spotlight, but ceived the CFIDS Support Network Ac- f was always there, behind the scenes, to tion Award in both 1995 and 1996 for offer his wise counsel, expert guidance, their initiatives in public advocacy. TRIBUTE TO WILLIAM E. BREW, and astute judgment. Although researchers have made MINORITY GENERAL COUNSEL, Bill thoroughly understood the legis- some advances in the study of this con- SENATE COMMITTEE ON VETER- lative process and was a highly effec- dition, CFIDS remains a mysterious ANS’ AFFAIRS tive advocate for veterans. He is a mas- illness. Presently, there is no known ∑ Mr. ROCKEFELLER. Mr. President, I ter of negotiation, able to sort through cause or cure. Victims experience a note with great sadness the departure complex issues and focus on realistic wide range of symptoms including ex- of someone who had become a veritable solutions that weigh the ideal vs. the treme fatigue, fever, muscle and joint institution on the staff of the Senate attainable. Whether or not they agreed pain, cognitive and neurological prob- Committee on Veterans’ Affairs—mi- with him on an issue, all who dealt lems, tender lymph nodes, nausea, and nority general counsel, William E. with him knew him to be fair-minded, vertigo. Recently, the Centers for Dis- Brew. balanced, and an often calming voice of ease Control gave CFIDS ‘‘Priority 1’’ Bill retired from the Committee on reason in the heat of intense discus- status in the new infectious disease April 4, 1997—19 years and 1 day after sions that shaped important legisla- category, which also includes cholera, he came for what he believed, at the tion. malaria, hepatitis C and tuberculosis. time, was a less than 2-year commit- Bill’s accomplishments are many. Until this disease is obliterated, the ment. How fortunate we all have been Most significant among them are legis- CFS Association of Lehigh Valley will that those 2 years stretched out for al- lation leading to establishment of the continue its research and education most 2 decades! U.S. Court of Veterans Appeals for ju- campaigns. When Bill joined the committee staff dicial review of veterans claims, and Mr. President, I urge my colleagues as associate counsel in April 1978, the the Veterans’ Claims Adjudication to join me in commending the Lehigh Committee was still fairly young—it Commission to conduct a comprehen- Valley organization and in supporting had only been established in 1971. So, sive review of the claims process; ex- the following proclamation, which I the fact is, Bill has been with the Com- pansion of programs relating to the re- ask be printed in the RECORD. mittee for almost as long as the Com- adjustment needs of Vietnam and post- The proclamation follows: June 3, 1997 CONGRESSIONAL RECORD — SENATE S5275 PROCLAMATION tradition of leadership. Mrs. Lafontant- partment. Years later, during the Bush Whereas, the Chronic Fatigue Syndrome Mankarious’ desires led her to pursue administration, she would serve as U.S. (CFS) Association of the Lehigh Valley an undergraduate degree in political Ambassador-at-Large for 4 years, visit- joined the Chronic Fatigue and Immune Dys- science at Oberlin College, and later a ing 28 countries. President Bush also function Syndrome (CFIDS) Association of law degree from the University of Chi- appointed her to serve as Coordinator America, the world’s largest organization cago, where she graduated in 1946. Due for Refugee Affairs for the State De- dedicated to conquering CFIDS, in observing May 12, 1997 as International Chronic Fa- to the level of institutional racism and partment. tigue and Immune Dysfunction Syndrome sexism that existed in the legal field at We should all be proud of the life Awareness Day; and that time, however, Mrs. Lafontant- that Mrs. Jewel S. Lafontant- Whereas, the Chronic Fatigue Syndrome Mankarious found herself unable to se- Mankarious led. She was a woman of Association of the Lehigh Valley, a member cure a job in a major firm, obtain office integrity, valor, and achievement, and of the Support Network of the CFIDS Asso- space in the downtown area, or even was a personal heroine and role model ciation of America, is celebrating their fifth join the Chicago Bar Association. Mrs. to me. She rose above adversity, used year of service to the community; and Lafontant-Markarious was resilient, her God-given talents to fight for the Whereas, the Chronic Fatigue Syndrome however, and would later rise to be- rights of others, and served as an ex- Association of the Lehigh Valley recently re- ample for following generations of ceived the CFIDS Support Network Action come a senior partner in the firm of Award for Excellence in Service in the Area Stradford, Lafontant, Gibson, Fisher & what a strong heart and mind can of CFIDS Awareness Day 1996 and for Excel- Cousins, senior legal partner at Vedder, achieve. Mrs. Lafontant-Mankarious lence in Commitment and Service to the Price, Kaufman & Kammholz, and a will be sorely missed by all Americans CFIDS Community in the Area of Public Pol- partner in the law firm of Holleb & who believe in the value of a true icy; and Collef. Just this past year, in fact, Mrs. democratic society, who oppose dis- Whereas, CFIDS is a complex illness which Lafontant-Mankarious was cited as one crimination, and who support the no- is characterized by neurological, of the top female attorneys in the city tion that we can all serve the good of rheumatological and immunological prob- humanity. lems, incapacitating fatigue, and numerous of Chicago. Her success never interfered with her Today, I salute Jewel S. Lafontant- other symptoms that can persist for months Mankarious for her many achieve- or years and can be severely debilitating; commitment to public service. Mrs. and Lafontant-Mankarious, has been re- ments, and thank her for her legacy.∑ Whereas, estimates suggest that hundreds membered as ‘‘a regal woman, a person f of thousands of American adults already of the highest integrity,’’ who ‘‘gave MAURICE SORRELL have CFIDS; and her legal services to the downtrodden Ms. MOSELEY-BRAUN. Mr. Presi- Whereas, the medical community and the people who couldn’t fight for them- ∑ general public should receive more informa- dent, I would like to extend my heart- selves.’’ tion and develop a greater awareness of the felt congratulations to Maurice problems associated with CFIDS. While It was this sense of fairness that led Mrs. Lafontant-Mankarious in her Sorrell, the dean of black much has been done at the national, state, photojournalists, as colleagues, friends, other endeavors. A longtime civil and local levels, more must be done to sup- and family gather to celebrate his re- port patients and their families; and rights activist, Mrs. Lafontant- tirement from a lifelong commitment Whereas, research has been strengthened Mankarious was a founding member of to capturing history on film. by the efforts of the Centers for Disease Con- the Congress for Racial Equality, held trol, the National Institutes of Health, and Mr. Sorrell, a D.C. native, first no- office in the Chicago chapter of the ticed his love for photography as a other private institutions, the CFS Associa- NAACP, and was on the board of the tion of the Lehigh Valley recognizes that youngster, when he often watched his much more must be done to encourage fur- American Civil Liberties Union. In this uncles taking amateur pictures of his ther research so that the mission of conquer- capacity she is remembered for show- parents. His first job in photography ing CFIDS and related disorders can be ing the same sort of tenacity and resil- was at the Pentagon in the 1950’s, achieved. ience that brought her success in her where he was permitted to work only Therefore, the United States Senate com- legal career, and is known for using in- in the darkroom because of racial seg- mends the designation of May 12, 1997 as novative, yet peaceful, methods to regation policies that existed. In 1957, CFIDS Awareness Day and applauds the ef- bring about change. In later years, forts of those battling the illness. Mr. Sorrell decided to strike out on his Mrs. Lafontant-Mankarious would con- own as a freelance photographer. It was Mr. SANTORUM. I appreciate the tinue to be active in countless civic en- in this capacity that Mr. Sorrell served Senate’s consideration of this issue, deavors, using her influence and her the Afro-American Newspapers and the and I thank my colleagues for their at- legal skills to help African-American Washington Afro-American Newspaper. tention.∑ entrepreneurs. In 1962, Mr. Sorrell joined Johnson f Mrs. Lafontant-Mankarious’ activism Publishing Co., Inc., as a staff photog- was consistent and tenacious. She not rapher. Mr. Sorrell’s artistic but hon- JEWEL S. LAFONTANT- only fought for the rights of African- MANKARIOUS est portrayal of most civil rights Americans during the civil rights era, events, as well as other issues of impor- ∑ Ms. MOSELEY-BRAUN. Mr. Presi- but fought to ensure that women, in tance to the African-American commu- dent, today I would like to offer my particular, had a voice. In fact, by 1969, nity, has made him a landmark figure sincere condolences to the family, at a time when very few women had at Johnson Publishing Co., Inc. For the friends, and colleagues of Jewel S. any real power in the corporate world, past 35 years, his work has appeared Lafontant-Mankarious. I especially Mrs. Lafontant-Mankarious sat on the regularly in Ebony and Jet magazines. want to convey my most heartfelt con- boards of 15 major corporations, includ- In addition to having received numer- dolences to Mrs. Lafontant- ing TWA and Mobile Oil. She elegantly ous awards and citations, Mr. Sorrell Mankarious’s son and my dear friend, broke barriers of both race and gender has earned a reputation among his col- John Rogers. in all of her endeavors. leagues for being a truly gifted photog- On Saturday, May 31, 1997, our Na- Mrs. Lafontant-Mankarious was ex- rapher, with a unique eye for capturing tion lost one of our finest citizens. Mrs. tremely active in Republican politics. the essence of the moment with a sin- Lafontant-Mankarious, a native of my A close friend of Presidents Eisen- gle portrait. hometown Chicago, will be remem- hower, Nixon, and Bush, Mrs. Among his many firsts, Mr. Sorrell bered by many as a courageous woman Lafontant-Mankarious served as the has the distinction of being the first who broke barriers for African-Amer- first African-American woman to hold African-American to gain admittance ican women in law and government. the position of assistant U.S. attorney in the prestigious White House News Jewel Lafontant-Mankarious was during the Eisenhower administration. Photographers Association in 1961, as born of a distinguished family of Afri- In 1972, Mrs. Lafontant-Mankarious be- well as the honor of being the photog- can-American professionals and lead- came the highest female appointee rapher who took the first group photo ers, who had a long history of Amer- named in the second Nixon administra- of the Congressional Black Caucus. ican patriotism. It was only natural tion, when she was selected as Deputy Over the course of his extensive ca- that she would want to follow in this Solicitor General in the Justice De- reer, Mr. Sorrell has visited more than S5276 CONGRESSIONAL RECORD — SENATE June 3, 1997 24 countries, covered nine presidents, She is one of the original board mem- to file second-degree amendments until photographed the March to Selma, AL, bers of the PUSH Foundation and has 3:30 on Wednesday in order to qualify with Dr. Martin Luther King, Jr., shot been an active supporter of the under the provisions of rule XXII. the World Series and NFL games, and NAACP, the League of Black Women The PRESIDING OFFICER. Without covered many other events. His work Voters, and the United Negro College objection, it is so ordered. has gained him the confidence of some Fund. She is well known for inspiring f of our Nation’s most memorable and young people to maximize their edu- influential people. cational opportunities and has pro- PROGRAM Maurice Sorrell is truly an American vided financial assistance to help many Mr. ASHCROFT. For the information legend. Today, I commend him for his achieve their goals. of all Members, there will be a cloture accomplishments, and applaud his con- Mrs. Anglin combines her private vote tomorrow afternoon at 4 p.m. on tributions to the field of photography. passion for good food with her public the substitute amendment to S. 4, the Through his dedication to his art, and commitment to the common good. Her Family Friendly Workplace Act. It is by his desire to capture our Nation’s community work and civil rights advo- the hope of the majority leader that history on film, he has touched the cacy represent a singular distinction cloture will be invoked and the Senate lives of countless Americans.∑ for this woman of and for the people. will be able to make progress and hope- f She has distinguished herself as one of fully complete action on this impor- Chicago’s most valuable leaders HELEN MAYBELL ANGLIN tant legislation. Additional votes are through her extraordinary talent, inno- expected on or in relation to the pend- ∑ Ms. MOSELEY-BRAUN. Mr. Presi- vation, and compassion. Her achieve- ing amendments as well as additional dent, it is indeed my pleasure and ments and dedication to quality in all amendments that may be offered. privilege to join the family and friends her endeavors are a shining example to As a reminder, it is still the hope of of a distinguished citizen of Chicago, us all, and I am honored to know her.∑ the leader to complete action on the IL, Mrs. Helen Maybell Anglin, in cele- f budget resolution conference report as brating her 50th anniversary in the res- soon as that report becomes available. taurant business. Mrs. Anglin has al- ORDERS FOR WEDNESDAY, JUNE 4, In addition, the majority leader has ways held that the ‘‘good things in life 1997 stated that the Senate may also com- ought to be enjoyed by all people, espe- Mr. ASHCROFT. I ask unanimous plete action on the supplemental ap- cially good food.’’ As owner and man- consent that when the Senate com- propriations conference report when ager of the Soul Queen Restaurant, a pletes its business today, it stand in that report is available. popular soul food eatery located on the adjournment until the hour of 3 p.m. Windy City’s Southside, Mrs. Anglin on Wednesday, June 4. I further ask f works her special magic to turn simple, unanimous consent that on Wednesday, ADJOURNMENT UNTIL 3 P.M. down home fare into something spec- immediately following the prayer, the TOMORROW tacular. routine requests through the morning Aside from being a local legend, Mrs. hour be granted and the Senate then Mr. ASHCROFT. Mr. President, if Anglin has been nationally recognized immediately resume consideration of there is no further business to come be- for her culinary talents. Her recipes S. 4, the Family Friendly Workplace fore the Senate, I now ask unanimous have been published in numerous Act; and further the time until 4 p.m. consent that the Senate stand in ad- sources, including the Ladies Home be equally divided with Senator KEN- journment under the previous order. Journal. She has also appeared on local NEDY or his designee in control of the There being no objection, the Senate, and national television programs, in- first 30 minutes and Senator ASHCROFT at 7:19 p.m., adjourned until Wednes- cluding the Oprah Winfrey Show, to in control of the second 30 minutes; day, June 4, 1997, at 3 p.m. demonstrate her masterful cooking and further at the hour of 4 o’clock the f techniques. Throughout her career, Senate proceed to the vote on the mo- Mrs. Anglin has been instrumental in tion to invoke cloture on the sub- NOMINATIONS exposing the public-at-large to deli- stitute amendment to S. 4. Executive nomination received by cious soul food cuisine. The PRESIDING OFFICER. Without the Senate June 3, 1997: In addition to being a successful objection, it is so ordered. DEPARTMENT OF JUSTICE restauranteur, Mrs. Anglin has been a Mr. ASHCROFT. I ask unanimous BETH NOLAN, OF NEW YORK, TO BE AN ASSISTANT AT- committed civic leader for decades. consent that it be in order for Senators TORNEY GENERAL, VICE WALTER DELLINGER. June 3, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1075 EXTENSIONS OF REMARKS

ADVENTURE THEATER persons. They also have established several ritories. Ms. Cook-Kallio deserves much praise CELEBRATES 45TH ANNIVERSARY outreach programs to provide live theater for for her accomplishment, as the award is in- people who might not be able to attend be- tended to recognize the most distinguished of HON. CONSTANCE A. MORELLA cause of transportation or other difficulties. teachers. OF MARYLAND The company offers scholarships to deserving It is important for us to understand that IN THE HOUSE OF REPRESENTATIVES children wishing to attend theater classes; and learning is a lifelong process, that knowledge and exploration are the roots of creativity. We Tuesday, June 3, 1997 tickets are donated to school auctions, shel- ters, and community benefits. In addition, Ad- congratulate Cheryl Cook-Kallio and wish her Mrs. MORELLA. Mr. Speaker, I want to rec- venture Theater will lend costumes, props, the best of luck on furthering her education ognize an impressive achievement of by a vol- and set pieces of local schools, theater and on continuing to share her knowledge of unteer arts organization in my district. This groups, and community organizations. the workings of our government with the stu- year marks the 45th anniversary of the nation- As Adventure Theater enters its 46th sea- dents of Hopkins Junior High. ally recognized children`s theater company, son, the residents of Montgomery County are f Adventure Theater. Located in the national proud of their history as a part of the Wash- park in Glen Echo, MD, this company of ac- TRIBUTE TO THE MOST REV. ington cultural scene. Parents who attended tors, directors, artists, and teachers have been FRANCISCO GARMENDIA, D.D. their shows as children now eagerly bring their providing wholesome and innovative entertain- own children, and grandchildren to Adventure ment for 45 years to the children of the Metro- HON. JOSE´ E. SERRANO TheatreÐhoping to instill the same enjoyment politan Washington area. OF NEW YORK of the art in their own families. The long rela- Within view of the C&O Canal in Montgom- IN THE HOUSE OF REPRESENTATIVES tionship with the community by Adventure ery Country, MD, the historic national park at Tuesday, June 3, 1997 Glen Echo has been the home of artists, Theater is a testament to the support for the Mr. SERRANO. Mr. Speaker, I rise to pay dancers, puppeteers, and actors since its evo- arts by the people of Montgomery County. tribute to Bishop Francisco Garmendia, who lution from the days as a popular amusement f will be honored on June 7 for his 50 years of park built at the Maryland terminus of Wash- CHERYL COOK-KALLIO: FREMONT service to the Catholic Church and for the ington's trolley line. TEACHER BECOMES STUDENT spiritual leadership he continues to provide the Adventure Theater is the Washington, DC, AGAIN Hispanic community in my congressional dis- area's oldest children's theater. Since they trict, the South Bronx. premiered in 1952, the volunteer group has HON. FORTNEY PETE STARK As the first Hispanic bishop in the Arch- been dedicated to producing quality children's diocese of New York, Bishop Garmendia is OF CALIFORNIA theater. Through weekend and weekday per- truly an example of excellence in leadership. formances, drama classes, an award-winning IN THE HOUSE OF REPRESENTATIVES But ask any one of his parishioners and he touring company, Girl and Boy Scout work- Tuesday, June 3, 1997 will certainly tell you that our own ``good shep- shops, seasonal events, volunteer opportuni- herd'' not only leads his flock but sacrifices ties, and open auditions, Adventure Theater Mr. STARK. Mr. Speaker, I rise today to recognize Cheryl Cook-Kallio, teacher of social and cares for it as well. has involved the community in the world of Born in Lazcano, Spain, Bishop Garmendia theater. studies at Hopkins Junior High School in Fre- mont, CA. A public educator for over 17 years, was truly raised in the faith. After attending a Adventure Theater was created by a group private school run by the Benedictine Fathers Ms. Cook-Kallio has been awarded a James of women volunteers who recognized the need there, Bishop Garmendia entered the semi- Madison Fellowship by the James Madison for live stage productions for children. Al- nary in 1935 and, in 1947, was ordained a Memorial Fellowship Foundation of Washing- though today many children now have the ad- priest. Almost as soon as he finished saying ton, DC. vantage of exposure to theater and perform- his first mass his journey of service began, Ms. Cook-Kallio is one of 61 recipients of ances in schools and auditoriums, little was one that would take him across the globe to this highly distinguished fellowship to support available for young audiences in the early touch the lives of many. After studying in Eng- 1950's. the continued study of American history and land he was transferred to Salta, Argentina, Working with determination, a few pioneers the Constitution by teachers of American his- where he taught English and chemistry in the from Montgomery County built a company tory, American Government, and social stud- Colegio Belgrano of Salta. When not teaching, from humble beginnings. The first season was ies. She will be awarded up to $24,000 to be Bishop Garmendia would give up his week- performed on a borrowed stage with scenery used toward her master's degree. ends to minister to the native community. painted in one actor's basement and with cos- Next summer Ms. Cook-Kallio, along with Bishop Garmendia's understanding of peo- tumes sewn by another actor. the other fellowship recipients, will attend a 6- ple and his experience with diversity cleared Audiences soon grew and Adventure Thea- week course at Georgetown University to the way for his mission in New York. Since his ter began to perform on stages, in schools, study the Constitution in the National Archives. transfer in 1964, Bishop Garmendia has and community centers throughout the Greater Her lifelong dream has been to intensively earned not only the trust and respect of the Washington area. Drama classes were added study the Constitution, and through this fellow- ChurchÐhe was consecrated bishop by Car- and a touring company, the In-School Players, ship, that dream will be recognized. dinal Cooke in 1977Ðbut also the love and was formed to bring original productions in the Ms. Cook-Kallio is an annual visitor to support of the Hispanic community. Over the Washington area school systems. Washington, as she accompanies her eighth years, Bishop Garmendia has worked tire- In 1971, they found a permanent home at grade American Government class on their lessly to spread God's Word not just from the Glen Echo Park, and they have continued to end-of-the-year trip to our Nation's capital pulpit but on radio and television as well. perform in their theater in the old Penny Ar- each year. Ms. Cook-Kallio is a graduate of We also recognize Bishop Garmendia for cade Building in cooperation with the National Hopkins Junior High School herself, who went his tremendous social work and his struggles Park Service. The company's repertoire ex- on to study at the University of North Carolina- to provide services for those in need. Among plores different theatrical genres, from pup- Charlotte, and received her teaching certificate his many accomplishments, Bishop petry to storytelling to full-scale musicals. at San Jose State University. She began her Garmendia instituted the Spanish Orientation There is something for everyone, and for all career in education at Hopkins in 1979, where Center and sponsored the establishment of ages. Offerings for very young theater-goers she has been teaching ever since. The Resource Center for Community Develop- are especially well receivedÐfor children ages Competition for this fellowship is fierce, ment, Inc., better known as The Hope Line, a 4 and up. drawing applicants from all 50 States, the Dis- free service which provides thousands of im- Adventure Theater supplies interpretive trict of Columbia, the Commonwealth of Puer- migrants with legal, material, and spiritual as- services for the visually and hearing impaired to Rico, and the Nation's islands and trust ter- sistance. Although he has been threatened by

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1076 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 1997 drug dealers and even physically attacked, and copper, and U.S. firms stand to gain THE LEGACY OF THE MARSHALL Bishop Garmendia has not wavered in his from investment in a stable Congo. Second, a PLAN: PRESIDENT BILL CLIN- commitment to serve his God and his commu- successful transformation in Congo could TON’S ADDRESS AT THE 50TH spark growth and better the lives of people ANNIVERSARY OF THE MAR- nity. throughout central . Third, if Congo Mr. Speaker, I ask my colleagues to join me were to collapse, the suffering would be SHALL PLAN in recognizing Bishop Francisco Garmendia great. The U.S. could become involved in for his selfless devotion to the Church and the costly humanitarian relief or even military HON. TOM LANTOS Hispanic community of New York. In a time intervention. We should not ignore Congo, as OF CALIFORNIA we have in the recent past, lest the country when service often goes unappreciated, we IN THE HOUSE OF REPRESENTATIVES should recognize great servants like Bishop cascade into chaos. Garmendia and encourage them to continue in Our policy toward Congo should be part of Tuesday, June 3, 1997 their courageous efforts. an overall post-Cold War approach to Africa, Mr. LANTOS. Mr. Speaker, this past week working toward civilian, democratically- f the United States and the countries of West- elected governments, and market reforms. It ern Europe marked the 50th anniversary of THE CHALLENGE IN THE CONGO is in U.S. interests to see a secure Congo at peace with itself and its neighbors, moving the June 5, 1947, Commencement Address at toward democracy and meeting the basic Harvard University by then Secretary of State HON. LEE H. HAMILTON needs of its people. We want a stable govern- George C. Marshall in which the idea of the OF INDIANA ment based on fiscal discipline, an open Marshall Plan are first publicly discussed. economy without corruption, and respect for IN THE HOUSE OF REPRESENTATIVES That important anniversary was commemo- human rights. rated last week at a special celebration in the Tuesday, June 3, 1997 Next steps for U.S. We have leverage with Hall of Knights in the Binnenhof in The Hague, Mr. HAMILTON. Mr. Speaker, I would like to the Kabila government, and we should use it the capitol of The Netherlands. Attending the bring to my colleagues' attention my monthly to further these interests. First, as a show of festive occasion were the heads of state and newsletter on foreign affairs from May 1997 goodwill, we should extend a helping hand. government of the countries of the European entitled The Challenge in the Congo. We should come forward with some modest Union and other distinguished European lead- transitional aid, and offer a larger package if I ask that this newsletter be printed in the Congo meets conditions related to economic ers. CONGRESSIONAL RECORD. reform and good governance. Mr. Speaker, just a few days ago, this The newsletter follows: Second, we should continue to press Kabila House considered and adopted a resolution THE CHALLENGE IN CONGO to form a broad-based, inclusive, and honest which I introduced with the cosponsorship of a number of my colleagues, House Concurrent This is an important and dangerous time transitional government. Representatives of for Congo and all of central Africa. The vic- anti-Mobutu opposition groups, church and Resolution 63, recommitting the United States tory by rebel forces creates both an oppor- civic groups should be invited to serve. The to the principles of the Marshall Plan. Mr. tunity and risk. With Africa’s third largest U.S. should also stress transparency and ac- Speaker, that resolution recognizes the wis- population (46 million) and vast mineral countability in government: after the dom and insight of Secretary Marshall's ad- wealth, Congo (formerly ) could become Mobutu years, people will want to know dress and of the policy that resulted from it, where funds are going. Security concerns are an economic powerhouse for all of central and it recommits the United States to the wise Africa. Its natural bounty, however, was rav- paramount for Kabila right now, but it is also important that he honor his pledge to policy first enunciated 50 years ago. I appre- aged by the corrupt rule of President ciate the wisdom of the House in rededicating Mobutu. For years Congo has been virtually hold elections within two years. without a government. If its new leaders Third, the U.S. should help the UN and re- our Nation to those principles. turn out to be little better, Congo could de- lief organizations gain access to refugees in Mr. Speaker, representing the United States scend into violent conflict and even frag- Congo, many of whom are in dire need of hu- for this commemoration was our President, Bill ment. Given the stakes, U.S. policy should manitarian assistance. The U.S. must oppose Clinton. His remarks at the celebration rep- make an intensive effort to steer it toward any attempts to persecute refugees and resent the best of American statesmanshipÐ stability, free markets, and democracy. should continue to press Kabila to grant ac- recognizing the importance of our country's Roots of revolution. The successful revolu- cess to the UN to conduct an objective ac- contribution to European recovery 50 years tion against Mobutu has its roots in the re- counting of reported killings of refugees dur- ago, the importance of European unification mote eastern Zaire. Rebel leader Laurent ing the war. initiated under the Marshall Plan and continu- Kabila, though not a Tutsi himself, led the Fourth, the U.S. should urge Congo’s alliance there against Mobutu and Hutu ing today through the European Union, and neighbors who intervened in the war to help the importance for democracy of the enduring militants from Rwanda, both of whom were Congo now find the right path. Rwanda, oppressing Tutsis. Surprising everyone, Uganda, and Angola have significant weight links that were forged between the United Kabila’s forces swept across Zaire in seven with the new regime. These nations should States and the countries of Western Europe months, and toppled Mobutu on May 17. But not pursue only their narrow security inter- by our joint struggle in World War II, through Kabila did not capture the country alone. ests, but should encourage Kabila to pursue the cooperation of the Marshall Plan, and our Rwanda, Uganda, and Angola gave him sig- reconciliation and an inclusive government. long struggle in the Cold War. nificant help to avenge Mobutu’s meddling in their own politics. Finally, the U.S. should encourage the Mr. Speaker, I ask that President Clinton's Kabila untested. Many questions remain World Bank and the IMF to move into Congo remarks be placed in the RECORD, and I urge about President Kabila and his government. as soon as the Kabila government meets con- my colleagues to give them thoughtful atten- His forces are suspected of killing thousands ditions to gain access to their funds. They tion. The Marshall Plan was truly one of the of refugees. He has espoused Marxism in the have far greater resources and expertise than great milestones of American diplomacy, and past, yet we know little about his present in- the U.S. or any other single donor. There the President's remarks in Holland place that must be no room for squabbling in the inter- tentions. In his rhetoric he supports markets great act of statesmanship in a fitting context. and democracy, but it will be some time be- national community, and actions must be fore we can see whether he has fulfilled his coordinated. The new regime is short on eco- REMARKS BY THE PRESIDENT AT COMMEMORA- promises. He has disbanded parliament, dis- nomic expertise, and will need outside help TIVE EVENT FOR THE 50TH ANNIVERSARY OF mantled the constitution, and banned politi- in setting sound economic policies. Rebuild- THE MARSHALL PLAN cal activity outside his movement, which he ing Congo’s infrastructure and demobilizing President CLINTON. Thank you very much, has declared the national authority. troops are important tasks the new govern- Mr. Sedee, for sharing your wonderful story. The challenge before Kabila is formidable. ment faces. I forgive you for stealing the matchbook Mobutu virtually destroyed the country and Conclusion. One must admire the people of from the White House. (Laughter.) In fact, its society. Kabila’s task is to remake both. Congo. They have endured great hardship just before we came in, I confess that I had The population must be prepared for democ- and shown resilience and courage. Now heard did such a thing, so without theft, I racy, and the country’s economy rebuilt. Congo is poised to move from the Mobutu brought him some cufflinks and some Oval Kabila must keep the disparate elements of years to a better future for its citizens, and Office candy for his grandchildren today. his alliance together, reach out to include all the U.S. has significant interests in this (Laughter.) elements of the population, and promote au- transformation. For the United States, the Your Majesty, Prime Minister, fellow tonomy to prevent Congo from fragmenting. question is whether we have the will, inter- heads of state and leaders of government, U.S. interests in Congo. Though we do not est, and patience to pursue and sustain our ministers parliamentarian, members of Con- have security interests in Congo, the U.S. policy. There are difficult demands ahead, gress, to the youth leaders from Europe and has a significant stake there. First, Zaire and the U.S. should help Congo become a America, to all of you who had anything to has large deposits of diamonds, gold, , success in the heart of Africa. do with or were ever touched by the Marshall June 3, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1077 Plan. And I’d like to say a special word of free and unified Germany. In his good life rope’s newly free nations are laying the cor- appreciation to two distinguished Ameri- and fine work, has come to nerstones of democracy. With the help of the cans—former ambassadors, General Vernon symbolize both the substance and the spirit USIA’s Voice of America, today’s celebration Walters and Arthur Hartman, who worked on of the Marshall Plan. Thank you. (Applause.) is being heard freely by people all across this the Marshall Plan as young men, who have Today we see the success of the Marshall great continent. come here to be with us today. Plan and the nations it helped to rebuild. In Prague, where listening to Western This is a wonderful occasion. We are grate- But, more, we see it in the relations it broadcasts was once a criminal offense, ful to the Queen, the government and the helped to redefine. The Marshall Plan trans- Radio Free Europe has made a new home, people of the Netherlands for hosting us and formed the way America related to Europe, and an independent press is flourishing. In for commemorating these 50 years. The and in so doing, transformed the way Euro- Bucharest, democracy has overcome dis- words of Mr. Sedee reach out to us across the pean nations related to each other. It plant- trust, as Romanians and ethnic Hungarians generations, no matter where we come from ed the seeds of institutions that evolved to for the very first time are joined in a demo- or what language we speak. They warn us of bind Western Europe together—from the cratic coalition government. what can happen when people turn against OECD, the European Union and NATO. It Thank you, sir. (Applause.) one another, and inspire us with what we can paved the way for reconciliation of age-old From Vladivostok to Kaliningrad, the peo- achieve when we all pull together. That is a differences. ple of Russia went to the polls last summer message that we should emblazon in our Marshall’s vision, as has not been noted, in what all of us who watched it know was a memories. embraced all of Europe. But the reality of fully democratic, open, national election. Just as we honor the great accomplish- his time did not. Stalin barred Europe’s east- We must meet the challenge now of mak- ments of 50 years ago, as the Prime Minister ern half, including some of our staunchest ing sure this surge of democracy endures. said so eloquently, we must summon the allies during World War II, from claiming The newly free nations must persevere with spirit of the Marshall Plan for the next 50 their seats at the table, shutting them out of the difficult work of reform. America and years and beyond; to build a Europe that is Europe’s recovery, closing the door on their Western Europe must continue with concrete democratic, at peace, and undivided for the freedom. But the shackled nations never lost support for their progress, bolstering judicial first time in history, a Europe that does not faith and the West never accepted the perma- systems to fight crime and corruption, creat- repeat the darkest moment of the 20th cen- nence of their fate. And at last, through the ing checks and balances against arbitrary tury, but instead fulfills the brightest prom- efforts of brave men and women determined power, helping to install the machinery of ise of the 21st. to live free lives, the Berlin Wall and the free and fair elections so that they can be re- Here in a citadel of a prosperous, tolerant fell. peated over and over again, strengthening Now, the dawn of new democracies is light- Dutch democracy, we can barely imagine free media and civic groups to promote ac- ing the way to a new Europe in a new cen- how different Europe was just 50 years ago. countability, bringing good government clos- tury—a time in which America and Europe The wonderful pictures we saw, with the er to the people so that they can have an ac- must complete the noble journey that Mar- music, helped us to imagine: some 30,000 dead tual voice in decisions affecting their lives. shall’s generation began, and this time with still lay buried beneath the sea of rubble in We have also helped new democracies no one left behind. I salute Prime Minister Warsaw; 100,000 homes had been destroyed in transform their broken economies and move Kok for his leadership, and the leadership his Holland; Germany in ruins; Britain facing a from aid to trade and investment. In War- nation has given, to ensure that this time no desperate shortage of coal and electric saw, men and women who once stood in line power; factories crippled all across Europe; one will be left behind. (Applause.) Twenty-first century Europe will be a bet- for food now share in the fruits of Europe’s trade paralyzed; millions fearing starvation. fastest growing economy, where more than Across the Atlantic, the American people ter Europe, first, because it will be both free nine of 10 retail businesses rests in private were eager to return to the lives they had and undivided; second, because it will be hands. Since the , the left behind during the war. But they heeded united not by the force of arms, but by the international financial institutions have the call of a remarkable generation of Amer- possibilities of peace. We must remember, channeled to the new democracy some $50 ican leaders—General Marshall, President however, that today’s possibilities are not billion to strengthen the foundations of their Truman, Senator Vandenberg—who wanted guarantees. Though walls have come down, market economies. And as markets have to work with like-minded leaders in Europe difficulties persist; in the ongoing struggle emerged, another $45 billion in private in- to work for Europe’s recovery as they had of newly free nations to build vibrant econo- vestment has flowed from places like Boston fought for its survival. They knew that, as mies and resilient democracies; in the vul- and London to help support enterprises from never before, Europe’s fate and America’s fu- nerability of those who fear change and have Budapest to L’viv. ture were joined. not yet felt its benefits; to the appeals of ex- The Marshall Plan offered a cure, not a treme nationalism, hatred and division; in Now, as the new democracies continue to crutch. It was never a handout; it was always the clouded thinking of those who still see scale the mountains of market reform, our a hand up. It said to Europe, if you will put the European landscape as a zero-sum game challenge is to help them reap more fully the your divisions behind you, if you work to- in terms of the past; and in the new dangers benefits of prosperity, working to make the gether to help yourselves, then American we face and cannot defeat alone—from the business climate as stable and secure as pos- will work with you. spread of weapons of mass destruction to ter- sible, investing in their economies, sharing The British Foreign Secretary, Ernest rorism, to organized crime, to environmental entrepreneurial skills and opening the doors Bevin, called the Marshall Plan ‘‘a lifetime degradation. of institutions that enable our community to to sinking men, bringing hope where there Our generation, like the one before us, thrive. was none.’’ From the Arctic Sea to the Medi- must choose. Without the threat of Cold Again let me say America salutes the Eu- terranean, European nations grabbed that War, without the pain of economic ruin, ropean Union’s commitment to expand to lifetime, cooperating as never before on a without the fresh memory of World War II’s Central and Eastern Europe. We support this common program of recovery. The task was slaughter, it is tempting to pursue our pri- historic process an believe it should move not easy, but the hope they shared was more vate agendas—to simply sit back and let his- ahead swiftly. A more prosperous Europe powerful than their differences. tory unfold. We must resist that temptation. will be a stronger Europe and also a stronger The first ship set sail from Texas to France And instead, we must set out with resolve to partner for Europe’s North American friends with 19,000 tons of wheat. Soon, on any given mold the hope of this moment into a history in America and Canada. day, a convoy of hope was heading to Europe we can be proud of. Nations that tackle tough reforms deserve with fuel, raw materials and equipment. By We who follow the example of the genera- to know that what they build with freedom the end of the program in 1952, the Marshall tions we honor today must do just that. Our they can keep in security. Through NATO, Plan had pumped $13 billion into Europe’s mission is clear: We must shape the peace, the core of transatlantic security, we can do parched economies. That would be the equiv- freedom and prosperity they made possible for Europe’s East what we did in Europe’s alent of $88 billion today. It provided the into a common future where all our people West—defend freedom, strengthen democ- people of Europe with the tools they needed speak the language of democracy; where racy, temper old rivalries, hasten integra- to rebuild their shattered lives. There were they have the right to control their lives and tion, and provide a stable climate in which nets for Norwegian fishermen, wool for Aus- a chance to pursue their dreams; where pros- prosperity can grow. trian weavers, tractors for French and Ital- perity reaches clear across the continent and We are adapting NATO to take on new mis- ian farmers, machines for Dutch entre- states pursue commerce, not conquest; where sions—opening its doors to Europe’s new de- preneurs. security is the province of all free nations mocracies, bolstering its ties to non-mem- For a teenage boy in Germany, Marshall working together; where no nation in Europe bers through a more robust partnership for aid was the generous hand that helped lift is ever again excluded against its will from peace, and forging a practical, lasting part- his homeland from its ruinous past. He still joining our alliance of values; and where we nership between NATO and a democratic recalls the American trucks driving onto the join together to help the rest of the world Russia—all these things designed to make schoolyard, bringing soup that warmed reach the objectives we hold so dear. sure that NATO remains strong, supports the hearts and hands. That boy grew up to be a The United States and Europe have em- coming together of Europe, and leads in passionate champion of freedom and unity in braced this mission. We’re advancing across meeting our new security challenges. Europe, and a great and cherished friend of a map of modern miracles. With support Yesterday in Paris the leaders of NATO America. He became a first Chancellor of a from America and the European Union, Eu- and Russia signed the historic Founding Act E1078 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 1997 that will make us all more secure. We will nine months and one-and-a-half—I wonder ences, he saw the importance of improving consult, coordinate and, where both agree, what they will say 50 years from today. I safety and increasing support for his fellow act jointly, as we are doing in Bosnia now. hope that they and all the young people lis- firefighters, and throughout the rest of his ca- Now, consider the extraordinary milestone tening, those who are aware of what is going this represents. For decades, the fundamen- on and those too young to understand it, will reer he fought to achieve those aims. tal security concern in Europe was the con- be able to say, we bequeath to you 50 years Jack was a union man. Jack joined the local frontation between East and West. For the of peace, freedom and prosperity. I hope that committee of the International Firefighters As- first time, a new NATO and a new Russia you will have raised your sons and daughters sociation, where his leadership skills and vi- have agreed to work as partners to meet in a Europe whose horizons are wider than sion were quickly recognized. He rose to be- challenges to their common security in a its frontiers. I hope you will be able to tell come president of the Cleveland Firefighters new and undivided Europe, where no nation your grandchildren—whose faces most of us Local 93, where he served for 10 years. In will define its greatness in terms of its abil- will not live to see—that this generation 1980, Jack became president of the entire ity to dominate its neighbors. rose to the challenge to be shapers of the International Firefighters Association. Jack Now we must meet the challenge of bol- peace. stering security across outdated divides, I hope that we will all do this, remember- challenged his colleagues to improve safety making the NATO partnership work with ing the legacy of George Marshall and envi- and support. He was elected vice president of Russia, continuing NATO’s historic trans- sioning a future brighter than any, any peo- the AFL±CIO. formation. ple have ever lived. Jack was a national treasure. President In less than six weeks, NATO will meet Thank you and God bless you. (Applause.) George Bush and the U.S. Senate appointed again in Madrid to invite the first of Eu- him as a member of the National Council on rope’s new democracies to add their strength f Disability. As the sole Democrat on the coun- to the Alliance. The prospect of NATO mem- TRIBUTE TO THE NATIONAL AIR bership already has led to greater stability, cil, he worked to forge a bipartisan forum for for aspiring members are deepening reform TRAFFIC CONTROLLERS ASSO- disability policy issues, and eventually helped and resolving the very kinds of disputes that CIATION to pass the landmark Americans With Disabil- could lead to future conflict. ities Act of 1990. President called The first new members will not be the last. HON. GERALD D. KLECZKA upon Jack to help win passage for the first- NATO’s doors must, and will, remain open to OF WISCONSIN ever U.S.-sponsored resolution on disability all those able to share the responsibilities of policy in the United Nations Commission on membership. We will strengthen the Partner- IN THE HOUSE OF REPRESENTATIVES Social Development and General Assembly. ship for Peace and create a new Euro-Atlan- Tuesday, June 3, 1997 tic partnership council so that other nations A champion for the rights of firefighters and can deepen their cooperation with NATO and Mr. KLECZKA. Mr. Speaker, I rise to pay the rights of the disabled, Jack Gannon left a continue to prepare for membership. tribute to the National Air Traffic Controllers legacy of which Cleveland, this House, and But let us be clear: There are responsibil- Association [NATCA], who will celebrate the the whole Nation may be proud. ities as well. Enlargement means extending 10th anniversary of its founding on June 19, f the most solemn guarantees any nation can 1997. On June 12, the NATCA local in Mil- make—a commitment to the security of an- waukee will host a ceremony and public open HONORING RAYMOND G. O’NEILL other. Security and peace are not cheap. New and current allies alike must be willing to house at Mitchell International Airport to com- bear the burden of our ideals and our inter- memorate this anniversary. HON. DALE E. KILDEE ests. Representing approximately 14,000 men OF MICHIGAN Our collective efforts in Bosnia reflect and women nationwide, NATCA works to pro- IN THE HOUSE OF REPRESENTATIVES both the urgency and the promise of our mis- tect the rights of air traffic controllers in the Tuesday, June 3, 1997 sion. Where terror and tragedy once reigned, workplace through advocating safe working NATO troops are standing with 14 partner conditions and fair benefits in nearly 400 facili- Mr. KILDEE. Mr. Speaker, last week, Ameri- nations—Americans and Russians, Germans ties in the United States and its territories. cans celebrated Memorial Day, remembering and Poles, Norwegians and Bulgarians, all in those men and women who gave their lives in common cause to bring peace to the heart of NATCA also helps ensure and maintain a reli- Europe. Now we must consolidate that hard- able and safe traveling environment for our service to their country. As a nation, we won peace, promote political reconciliation citizens by working jointly with the Federal paused to recall all they have done to pre- and economic reconstruction, support the Aviation Administration, the White House, serve and protect our way of life. It is in this work of the International War Crimes Tribu- Members of Congress, and the media to pro- spirit that I rise today to honor a man who for nal here in The Hague, and help the Bosnian mote safety. over a half century has dedicated his life to peace make the promise of the Dayton Ac- In today's computer age, there are more working for Michigan's veterans. On June 1, cord real. and more sophisticated devices in the com- 1997, Mr. Raymond G. O'Neill will retire as di- Today I affirm to the people of Europe, as rector of the Veterans of Foreign Wars Service General Marshall did 50 years ago: America plicated world of air travel. By skillfully reading stands with you. We have learned the lessons and interpreting the information on the disks Office of Michigan after 45 years. of history. We will not walk away. and screens, the dedicated men and women A lifelong Michigan resident, Raymond No less today than five decades ago, our of NATCA safely get us home from our vaca- O'Neill enlisted in the U.S. Marine Corps while destinies are joined. For America the com- tion destinations, back and forth to our home- still a high school senior in 1942, serving sev- mitment to our common future is not an op- State offices, and to our families for the holi- eral stints in the South Pacific. During his tour tion, it is a necessity. We are closing the days. of duty, he was awarded the Presidential Unit door on the 20th century, a century that saw Citation with Star, Asiatic-Pacific Ribbon with humanity at its worst and at its most noble. I urge all of my colleagues to join me in Here, today, let us dedicate ourselves to wishing NATCA a very happy 10th birthday two Bronze Battle Stars, Marine Good Con- working together to make the new century a and great successes in the years ahead. Keep duct Medal, and American Theater and Victory time when partnership between America and up the excellent work. Medals. Europe lifts the lives of all the people of the f After leaving the service, Mr. O'Neill served world. as the first commander of the VFW Post 9030 Let us summon the spirit of hope and re- IN MEMORY OF JOHN A. GANNON of Detroit, a post he was responsible for orga- newal that the life story of Gustaaf Sedee nizing. That post remained in use from 1947 represents. He has a son, Bert, who is a bank to 1981, when it was consolidated with two executive. Today, he is helping to fulfill the HON. DENNIS J. KUCINICH legacy his father so movingly described—for OF OHIO other posts to form Fortier's-O'Grady Post just as the Marshall Plan made the invest- IN THE HOUSE OF REPRESENTATIVES 147, where he again served as its first com- ment that helped Holland’s industry revive, mander. In 1952, Mr. O'Neill began his long Bert Sedee’s bank is helping Dutch compa- Tuesday, June 3, 1997 tenure with the VFW Service Office as an as- nies finance investments in Central and Mr. KUCINICH. Mr. Speaker, I rise to honor sistant service officer and claims examiner, Eastern Europe. Just as the American people the memory of John A. (Jack) Gannon. rapidly rising up the ranks from field super- reached out to the people of his homeland, Jack Gannon was an American hero. He visor to assistant director and ultimately lead- Bert Sedee and his colleagues are reaching fought bravely in World War II, and when he ing to his current position as State director of out to the people in Slovenia, Latvia, Bosnia and beyond. returned home, he fought for the rights of veterans services, where he has served since The youngest members of the Sedee family working people. Jack joined the Cleveland Fire 1968. are also in our thoughts today—Gustaaf Department in the early 1950's. He fought Mr. O'Neill's activities have garnered the at- Sedee’s grandchildren, Roeland and Sander, fires on the front line. Through his experi- tention of the community as well as his peers, June 3, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1079 and have earned him a high degree of renown economic and political transformation of Eu- American traditions, these three statements and respect. Some of the numerous awards rope. showed that the United States was commit- bestowed upon him include the 1963 Michigan Mr. Speaker, just a few days ago, this ted to defend a large part of Europe, even in the absence of war. Veteran of the Year, the Chapel of Four Chap- House considered and adopted a resolution All this is true, but perhaps a whit too sim- lains Award, the Wayne County Artistic Excel- which I introduced with the cosponsorship of a ple in retrospect. The term ‘‘Cold War’’ did lence and Community Commitment Award, number of my colleagues, House Concurrent not yet exist, and there was still hope that a and a special Resolution of Tribute from the Resolution 63, recommitting the United States definite break with the Soviet Union—lead- Michigan Legislature. to the principles of the Marshall Plan. Mr. ing among other things to a hermetic divi- Mr. Speaker, I say without a doubt that Speaker, that resolution recognizes the wis- sion of Europe—might be avoided. Marshall’s every veterans organization in Michigan owes dom and insight of Secretary Marshall's ad- speech suggested that the offer was open to the states of Eastern Europe too, and per- part of their success to Raymond O'Neill's dress and of the policy that resulted from it, haps even to the Soviet Union. One reason constant diligence. Our veterans have been and it recommits the United States to that for this somewhat indefinite generosity was affected in so many ways by his hard work wise policy first enunciated 50 years ago. I ap- to maintain an American presence in East- and advocacy on their behalf. Although he is preciate the wisdom of the House in rededicat- ern Europe, since the plan called for the es- retiring, I know that he will remain the best ad- ing our Nation to those principles. tablishment of ties with the United States, vocate a veteran could have. I ask my col- Mr. Speaker, the Washington Post Outlook including the temporary presence of Amer- leagues in the House of Representatives to Section in its issue of May 25 published a bril- ican administrators. That is why Stalin refused to countenance join me in paying tribute to Ray and wishing liant essay by historian John Lukacs on the the Marshall Plan from its inception. (As him well in his retirement. legacy of the Marshall Plan. Professor Lukacs had said, Stalin feared f is one of the most distinguished and articulate Western friendship more than he feared scholars of contemporary history, and he is Western enmity.) Czechoslovakia provides a HONORING CHARLES SEIPELT the author of a number of important books on case in point. Ruled by a coalition govern- international politics in the second half of this ment in which the Communists were amply HON. ROB PORTMAN century. He points out that the greatest impor- represented but which was parliamentary tance of the Marshall Plan was not its con- and democratic, Czechoslovakia still hoped OF OHIO to remain a possible bridge between East and IN THE HOUSE OF REPRESENTATIVES tribution to European economic recovery, but West. The first reaction of the Prague gov- the affirmation of an American commitment to Tuesday, June 3, 1997 ernment was to accept the offer of the Mar- the political and military security of Europe. shall Plan. Moscow then ordered the govern- Mr. PORTMAN. Mr. Speaker, I would like to We recognized through our unselfish imple- ment to refuse it, which it did—instantly. take this opportunity to acknowledge Charles mentation of the Marshall plan that our own This did not surprise officials in Washing- Seipelt, who is retiring after 35 years as prin- Nation's future was linked with the security, ton, including Kennan. By June, the division cipal of Pleasant Hill Elementary School in Mil- prosperity, and democratic success of Europe. of Europe was already hardening fast. The Iron Curtain (a phrase first employed 15 ford, OH. Mr. Seipelt has been the one and Mr. Speaker, I ask that the article by Professor only principal of the school since it was built. months before by Churchill) was becoming a Lukacs be placed in the RECORD and I urge physical reality. Eight months after Mar- His long and dedicated service as principal is my colleagues to give it careful, serious, and shall’s speech, the Communists took over truly remarkable, and he will be greatly missed thoughtful attention. Prague. Soon after came the Russian block- by students, teachers, and fellow administra- THE IDEA THAT REMADE EUROPE ade of West Berlin, the Berlin airlift, the tors. I know I speak for everyone in Milford in final separation of Western from Eastern (By John Lukacs) wishing him the best of success in his future Germany, and the formation of NATO in endeavors. The fifth of June, 1947, was a milestone in early 1949. The partition of Europe was fro- the history of the United States, and of what f zen; the Cold War was on. was soon thereafter called the Western So, generously offered and eagerly accept- THE LEGACY OF THE MARSHALL World. Fifty years ago, in a speech to Har- ed, the Marshall Plan was restricted to West- vard University’s graduating class, Sec- PLAN: 50 YEARS LATER, THE ern Europe. Within four years, the economic retary of State George C. Marshall an- and financial recovery of Western Europe WORLD STILL BENEFITS nounced the European Recovery Program, was advancing swiftly. It is interesting that later known as the Marshall Plan. It de- the costs of the American contribution to re- HON. TOM LANTOS scribed the American government’s firm res- building Europe during those first crucial olution to underwrite the economic recovery OF CALIFORNIA years of the Cold War were about the same of European countries damaged by the re- as the costs of the materials it had given the IN THE HOUSE OF REPRESENTATIVES cently ended war and threatened by the pos- Soviet Union during World War II to help Tuesday, June 3, 1997 sible expansion of international communism. with the Allied victory. After 1947, not a sin- The plan was a great success. It provided gle European country went Communist that Mr. LANTOS. Mr. Speaker, this week the for generous loans, outright gifts and the was not already Communist in 1947—a situa- United States and the countries of Western furnishing of American equipment, eventu- tion that remained unchanged until the dis- Europe mark the 50th anniversary of the June ally amounting to some $13 billion (or about solution of the Soviet Eastern European em- 5, 1947, Commencement Address at Harvard $88.5 billion in today’s dollars) tendered to 16 pire in 1989. University by then Secretary of State George countries over five years between 1947 and But the economic effects of the Marshall C. Marshall in which the idea of the Marshall 1952. West Germany was included among the Plan should not be exaggerated. Its principal Plan was first publicly discussed. That idea recipients when it became a state in 1948. effect was political: a definite sign of Ameri- The Marshall Plan was a milestone; but it ca’s commitment to the defense of Western was an act of statesmanship, and its imple- was not a turning point. The giant American Europe, and to maintaining an American mentation was one of the greatest examples ship of state was already changing course. presence there. Behind the Marshall Plan, of of bipartisan foreign policy. Two years before, the government and much course, was the habitual American inclina- Secretary Marshall's address was given just of American public opinion had looked to the tion to overrate economic factors, coupled 2 years after the end of World War II at a time Soviet Union as their principal ally, even with the inclination to think in ideological when the economy of Europe was still in sometimes at the expense of Britain. But by terms, to be preoccupied by the dangers of shambles. Many cities were in rubble, in most early 1947, the Truman administration had communism, rather than by the existence of countries food was still rationed, and those begun to perceive the Soviet Union as Amer- Russian nationalism, including the Russian ica’s principal adversary—a revolution in military presence in Eastern Europe. Despite factories that were still functioning were oper- foreign policy that has had few precedents in the success of the Marshall Plan and of West- ating at only a fraction of their prewar levels. the history of this country. ern European economic recovery, the propor- The decision by the Government of the United In 1947, this was marked by three impor- tion of Communist voters in countries such States to contribute to the rebuilding of Europe tant events; the announcement of the Tru- as France and Italy did not decrease from by sending money, equipment, and services man Doctrine in March, committing the 1947 to 1953. was a major factor in accelerating Europe's re- United States to the defense of Greece and The Marshall Plan left a more long-stand- covery. It helped restore the confidence of the Turkey; the announcement of the Marshall ing legacy than recovery. It was one of the Plan in June; and the publication in the July instruments of the democratization of West- political and economic leaders of the countries issue of Foreign Affairs of the famous ‘‘X’’ ern Europe, resulting in the emulation and of Western Europe, and it brought to Europe article by George F. Kennan, then director of adoption of American ideas and institutions, an infusion of American ideasÐeconomic and the State Department’s policy planning such as progressive income taxation, Social management concepts, as well as political staff, who defined a policy of Soviet ‘‘con- Security, near-universal education and in- ideas. These have been major factors in the tainment.’’ In a radical department from stallment buying, all of which led to the E1080 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 1997 gradual homogenization and rising prosper- Throughout its history, the parade has impose an up to 1 percent administrative fee ity of entire peoples. It included giving cred- grown into a national event under the leader- if the provider overestimates Medicare needs it to the masses, financially and otherwise: ship of its president, RamoÂn S. VeÂlez. The by greater than 30 percent. Third, the act re- ‘‘On ne prete qu’aux riches’’—credit is only for the rich—was not just a French aphorism but event attracts thousands of Puerto Ricans quires the issuance of a report detailing which the established capitalist practice in Europe from across the Nation and from Puerto Rico, services typically result in overpayments. until about 1948. as well as many other individuals, their fami- This act is needed to crack down on incor- By the 1950s, the social structure of West- lies and children, from all ethnic backgrounds. rect or inflated claim practices in Medicare. I ern Europe was starting to resemble that of This year's parade will honor the life of a urge my fellow members to vote in favor of the United States. Now, this transformation Puerto Rican hero, Roberto Clemente. Mr. this bill to ensure claim accuracy by Medicare is largely completed and the differences be- Clemente's exceptional athletic talent was providers. tween the United States and other demo- paired with his outstanding humanitarian and f cratic societies are no longer mainly eco- charitable contributions to this Nation. He died nomic or social, but national and cultural. IN MEMORY OF SERGEANT The Truman administration was able to 25 years ago in an airplane crash, while he push the Marshall Plan through a predomi- was on a mission to help the victims of an MARLIN C. CARROLL nantly Republican Congress in 1947–48, in earthquake in Nicaragua. which the main opponents of the European Mr. Clemente's memory has also been hon- HON. IKE SKELTON Recovery Program were right-wing Repub- ored with the Congressional Gold Medal, the OF MISSOURI licans, the very people who accused Truman highest civilian award bestowed to an individ- and his government of being soft on com- IN THE HOUSE OF REPRESENTATIVES ual by the U.S. Congress. Clemente's legacy munism. Most of these people had been isola- Tuesday, June 3, 1997 tionists before and during the first years of is an inspiration and an example to the chil- World War II. Their conversion to another dren of Puerto Rico, as well as those of this Mr. SKELTON. Mr. Speaker, it is with deep kind of internationalism (more precisely: Nation. sadness that I inform the House of the death supernationalism) was easy. By 1956, the Re- As a Puerto Rican, a New Yorker, and a of Sergeant Marlin C. Carroll of Warsaw, MO. publican party adopted a platform calling for Member of Congress, it is an honor to once Sergeant Carroll had a distinguished 30-year ‘‘the establishment of American air and again participate in this national event, in career in the Missouri State Highway Patrol naval bases all around the world’’—proposed which thousands of individuals will march before his retirement in 1988. I knew him as by a party that was even then called ‘‘isola- along Fifth Avenue, in Manhattan, in celebra- a friend, as a dedicated law enforcement offi- tionist’’ by its opponents, wrongly so. The Marshall Plan in 1947 was followed, tion of our Puerto Rican heritage and our cer, and as a man of honor and integrity. less than two years later, by the creation of achievements in this Nation. Among other ac- Sgt. Carroll was born on a farm in Worth NATO, an alliance that, for all its merits, complishments, Puerto Ricans have been in- County, MO, in 1933, the son of Ralph Wayne contributed to a political division of Europe strumental in transforming New York City into and Aloha June Morin Carroll. He grew up in lasting for 40 years. With the retreat of the a great bilingual city. Moreover, the parade Worth County and graduated from Grant City Russians from Eastern Europe in 1989, the has served as a national landmark in which High School in 1951. He married Gerry Cold War—and the partition of Europe— people from all ethnic groups unite to com- Heisman on May 18, 1952. He served his came to an end. Some people called for a new country with distinction in the U.S. Army and Marshall Plan for Eastern Europe and, per- memorate our Nation's glorious immigrant his- haps, for Russia. But this did not come tory. in the U.S. Air Force Reserve. about, for many reasons. In 1947, the United Mr. Speaker, it is with great pride that I ask In 1958, Sgt. Carroll joined the Missouri States was the only economic superpower in my colleagues to join me in honoring Roberto State Highway Patrol, and was stationed in my the world; 40 years later, this was no longer Clemente and the National Puerto Rican Pa- hometown of Lexington, MO. IN 1965, he re- the case. In 1947, the countries of Western rade, in its celebration of our Puerto Rican ceived the American Red Cross Life Saving Europe were threatened by a possible expan- legacy, and the many contributions made by Award for his prompt and professional actions sion of communism; the opposite was true of the sons and daughters of Puerto Rico to the in rescuing a child from a life-threatening acci- Eastern Europe 40 years later. In 1947, the dent. In 1967, he was promoted to Corporal global financial economy was in its embry- greatness of this Nation. onic stage; 40 years later, principal invest- f and transferred to Carrollton, MO, and in ments abroad no longer required the prin- 1971, he was promoted to Sergeant and cipal thrust of a government. THE REDUCTION IN MEDICARE moved to Warsaw where he served as zone But with all of these differences in mind, OVERPAYMENT COSTS ACT OF 1997 sergeant for Benton and Henry Counties until there remains one similarity. History does his retirement. not repeat itself, but some historical condi- HON. FORTNEY PETE STARK Sgt. Carroll was an active member of his tions do. The main beneficial result of the OF CALIFORNIA community, and he will be missed by all who Marshall Plan was Western Europeans’ con- had the privilege to know him. I know the fidence that the United States was commit- IN THE HOUSE OF REPRESENTATIVES Members of the House will join me in extend- ted to maintaining their freedom. The Amer- Tuesday, June 3, 1997 ican commitment to Eastern Europe now is ing heartfelt condolences to his family: his not clear. It is suggested here and there by Mr. STARK. Mr. Speaker, I am pleased to wife, Gerry: his daughter, Patty; his two sons, American actions, as in Bosnia, but it is not introduce the Reduction in Medicare Overpay- David and Eddie; his nine grandchildren and a commitment. Yet it is in the interest of ment Costs Act of 1997, which imposes an two great-grandchildren; and his mother, most European countries—yes, including administrative fee on providers who submit in- brother, and two sisters. even Russia—that a new division of Europe accurate Medicare claims. f should not occur. The main instrument for The American taxpayer spends nearly $200 its avoidance may no longer be an Eastern billion on Medicare every year. However, bil- TRIBUTE TO BOB BLONSKI European Marshall Plan; but it is certainly not an extension of NATO. lions are lost due to inaccurate claims or over- payment. This burdens the Nation with serious HON. GERALD D. KLECZKA f financial costs, threatening the quality of medi- OF WISCONSIN TRIBUTE TO THE NATIONAL PUER- cal care and endangering the long-term sus- IN THE HOUSE OF REPRESENTATIVES tainability of the Medicare Program. TO RICAN PARADE, 40 YEARS OF Tuesday, June 3, 1997 HISTORY The Reduction in Medicare Overpayment Costs Act of 1997, which was introduced in Mr. KLECZKA. Mr. Speaker, I rise today to HON. JOSE´ E. SERRANO the Senate by Senator MCCAIN, will help elimi- pay heartfelt tribute to my long-time friend, Mr. nate overpayments by imposing an administra- Robert J. Blonski, of Milwaukee, who is leav- OF NEW YORK tive fee to offset recovery costs. The purpose ing Lincoln Community Bank on July 1. After IN THE HOUSE OF REPRESENTATIVES is to discourage doctors from submitting false many years of dedicated service to Lincoln, Tuesday, June 3, 1997 or misleading claims and to prevent hospitals Bob is moving on to new challenges as presi- Mr. SERRANO. Mr. Speaker, it is with great from excessively overestimating Medicare dent of M&M Services, a subsidiary of Mer- joy that I rise today to pay tribute to the Na- costs. chants and Manufacturers Bancorporation. tional Puerto Rican Parade on its 40 years of The act promotes these purposes in three Bob and his wife, Kathleen, are the proud history. The parade, to be held on June 8 in ways. First, the act imposes an up to 1 per- parents of two wonderful boys. Bob has dili- New York City, is the largest celebration of cent administrative fee if the repayment is gently served as a member of my academy Puerto Rican culture in the United States. more than 30 days late. Second, the act will selection board, helping with the difficult and June 3, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1081 all-important task of selecting which of our ian, high school principal, director of District proliferation of land mines, and lingering area's fine young men and women will receive Media/Computer, and director of District Li- tensions that can quickly reignite into con- a congressional nomination to our Nation's brary/Media. flict. service academies. Among his numerous awards and honors, GOVERNMENT’S WEAKNESS Professionally, Bob has contributed to the Mr. Showalter is the recipient of the 1996 Four years ago, when I came to the US growth of Lincoln Community Bank for 30 Governor's Award for Innovation and the 1996 Agency for International Development SOITA Technology Leadership Award. But (USAID)—the agency responsible for deliver- years beginning on July 1, 1967. He has ing United States humanitarian and develop- worked in various capacities during those perhaps the most fitting recognition he has re- ment assistance abroad—the US government years, serving as treasurer, secretary, senior ceived is the establishment of a scholarship was poorly equipped to help nations during vice president, executive vice president, and fund in his honor by the faculty and adminis- the tenuous interlude between war and most recently as president. Under his leader- tration of the Fayetteville-Perry Local School peace. For foreign policymakers, this weak- ship, Lincoln has truly been a bank of the District. ness was an Achilles’ heel in a world where community on Milwaukee's southsideÐhelping His professionalism and expertise will long failed states and sweeping change were ev- families finance their first homes and send be remembered, and he will be greatly missed eryday realities. Donor conferences that commit millions of their children to college. by students, faculty and administrators. I join dollars but fail to quickly address on-the- Bob will be honored at an appreciation din- the Fayetteville community in wishing Harold ground problems do little to create an expec- ner May 21 where his many friends and col- and his wife, Mary Rae, a long and enjoyable tation of peace. In post-conflict situations, leagues will appropriately thank him for his retirement. opportunity is fleeting, and if people don’t leadership and hard work. I am confident that f see instant results, political violence and re- the skills and knowledge he has gained over pression reemerge. I remember former Sec- the years will serve him well in his new posi- USAID ADMINISTRATOR J. BRIAN retary of State Larry Eagleburger telling tion. Bet wishes, Bob. ATWOOD ADDRESSES POST-CON- me, ‘‘If USAID can’t deliver that, we need FLICT PEACE TRANSITIONS something that can.’’ f The Clinton administration decided to try IN HONOR OF DAVID H. BROWN a new mechanism to bring fast, direct, and HON. LEE H. HAMILTON overt assistance to priority countries emerg- OF INDIANA ing from conflict. HON. DENNIS J. KUCINICH IN THE HOUSE OF REPRESENTATIVES With the support of Congress, USAID’s Of- OF OHIO fice of Transition Initiatives (OTI) was Tuesday, June 3, 1997 launched in early 1994 to help countries move IN THE HOUSE OF REPRESENTATIVES Mr. HAMILTON. Mr. Speaker, I would like to beyond conflict by addressing fundamental Tuesday, June 3, 1997 bring to my colleagues' attention an excellent needs of emergency rehabilitation and demo- article printed on May 27 in the Christian cratic development. Since the office worked Mr. KUCINICH. Mr. Speaker, I rise to honor in crisis situations, it was given special legal the life achievements of David H. Brown, who Science Monitor by U.S. Agency for Inter- authorities attached to international disas- retires after 33 years of Federal service assur- national Development, Administrator J. Brian ter assistance funding. ing safe and efficient airways. Atwood. EARLY SUCCESS STORIES During his long career, Mr. Brown worked In the article, Atwood outlines the difficulty The early results are promising: OTI has with the Federal Aviation Administration as an in achieving successful post-conflict transitions shown it is a lean, flexible operation capable air traffic control specialist in Oberlin and in from crisis to peace in countries including of targeting the key bottlenecks that pre- Toledo, OH. As Mr. Brown's career pro- Guatemala, Angola, and Bosnia. He discusses vent post-crisis societies from moving for- gressed, he moved to Cleveland's Hopkins Air the need for continued support from Congress ward. Traffic Control Tower, Detroit's Air Traffic Con- for organizations such as the USAID's Office In Guatemala, in support of the December trol Tower, and was promoted to supervisor, in of Transition Initiatives [OTS], which is working 1996 peace accords, OTI is helping implement to help these countries achieve and maintain the demobilization plan for the Guatemalan which capacity he served in Boston and To- rebel force, known as the Guatemalan Na- ledo. peace in the wake of political transformation. tional Revolutionary Unity—or URNG. OTI Mr. Brown was selected as an evaluation in- The test of his article follows: helped build the eight camps for URNG’s de- spector for the Office of Air Traffic System Ef- [From the Christian Science Monitor] mobilization and is providing training and education at the camps. fectiveness, Evaluation Division at Washington HELPING COUNTRIES MAKE THE TRANSITION In Angola we have had a transition pro- Headquarters and ended his service as the FROM CRISIS IS ONE OF OUR GREATEST FOR- gram to strengthen compliance with that na- assistant manager for operations in Cleveland. EIGN POLICY CHALLENGES AFTER THE CON- tion’s post-civil-war peace agreement, the FLICT HAS ENDED Mr. Brown earned the respect and recogni- Lusaka Protocol. OTI planned the demobili- tion of his superiors and peers. He is known (By J. Brian Atwood) zation centers that were taken over by UN for his vast knowledge and experience with air No trend has been more closely scrutinized peacekeeping forces. OTI efforts in Angola traffic control. He possesses a wide array of in the wake of the cold war than the pro- have been guided by the notion that security management and leadership skills. liferation of crises. comes first. Until people feel a degree of Throughout his career, Mr. Brown received From Zaire to Bosnia to Rwanda, the safety, they are not ready for political devel- numerous performance awards, achievement international community is reeling from a opment. That was a lesson of the first, failed series of vicious civil wars, refugee emer- awards, letters of commendation and of appre- transition in Angola. gencies, and human catastrophes. The inter- The second time around, OTI supported ciation. national system structured around the cold- mine awareness and removal, civic training The airways of the midwest and northern war diplomatic notions of and and demobilization activities for Ohio are safer for Mr. Borwn's vigilance and de´tente is scrambling to adjust to the de- excombatants, community self-governance, experience. We acknowledge his retirement mands of peacekeeping and humanitarian re- and a flow of accurate, uncensored news. from Government service with deep apprecia- lief. Almost 1.4 million Angolans have been tion and supreme gratitude. One of the greatest challenges of this new reached by mine-awareness training and world disorder is how best to assist nations f about 750 were trained in mine-removal tech- emerging from conflict. The successful tran- niques. The result has been a significant re- HONORING HAROLD SHOWALTER sition from crisis—the process of moving an duction in mine accidents, the reopening of entire society from conflict to enduring large areas of the country to commerce and peace—is an extraordinarily difficult one. agriculture, and, most important, the return HON. ROB PORTMAN There are countless instances—Liberia, Af- of refugees and displaced persons to their OF OHIO ghanistan, Angola—where promising moves homes. IN THE HOUSE OF REPRESENTATIVES toward peace have quickly dissolved into In Bosnia we were on the ground to offer shattered cease-fires and renewed conflict. support when the federation was formed. We Tuesday, June 3, 1997 Nations emerging from conflicts confront subsequently built on that experience to sup- Mr. PORTMAN. Mr. Speaker, I would like to daunting obstacles. Their governments are port the Dayton accords once they were usually weak or nonexistent, and they often signed. OTI programs in Bosnia have directly acknowledge the outstanding service of Harold face corruption, rising public expectations, targeted the public disinformation cam- Showalter, who is retiring after 41 years of and immature political leadership. They paigns that have fueled ethnic tensions in service to Fayetteville-Perry Local Schools. typically operate with barely functioning that region and helped train journalists and During his remarkable career, he has been a economies, scant resources, scores of former disseminate news that supports reconcili- music-drama teacher, English teacher, librar- combatants lacking peacetime job skills, a ation. E1082 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 1997 To all involved, it was clear that the same from Drew University. A firm believer in edu- ceived similarly effusive praise in response to public media that had been used as a power- cation, he is currently pursuing another doctor- concerts around the world, including its seven ful tool to provoke conflict could be just as ate in education from Temple University. He European tours and the chorale's concert se- instrumental in promoting peace. There are ries in the People's Republic of China. many difficult questions still ahead, but OTI served as Dean of Education at Shiloh Baptist was on the ground early and, if this effort Association in New Jersey, was the co-com- For over three decades, Gallen Marshall's succeeds in keeping the peace, this early missioner of education at New Jersey State chorale has served as one of the finest exam- contribution will have made a difference. Baptist convention, president of Northern Bap- ples of bay area culture, and it has been re- STEPS FOR THE FUTURE tist School of ReligionÐformerly known as ceived by the community in a manner worthy of this status. The San Francisco Examiner The challenge of the next century will be Northern Baptist UniversityÐheadmaster at to maintain a commitment to long term de- Convent Academy, and executive director at noted that ``choruses abound in the Bay Area, velopment and crisis prevention, while at the Baptist Education Center. His wife, Deloranzo, but few, if any, are finer than the Masterworks same time developing fast and flexible in- heads the Thessalonia Elementary Academy. Chorale.'' The San Jose Mercury gushed: struments that will allow us to take direct As it is written in Hebrews 6:10, ``for God is ``The Masterworks Chorale bites off immense and positive action in transitions or in situa- not unjust; he will not forget your work and the challenges and carries them off without blink- tions where crisis is imminent. love you have shown him as you have helped ing.'' The outstanding quality of Mr. Marshall's Twenty years ago we might have directed his people and continue to help them,'' the work was cited by the Hillbarn Theater, which the Central Intelligence Agency to take cov- community, too, recognizes him and is honor- honored him as the 1992 recipient of its ert actions in these situations. Some would Bravo! Award for excellence and service to the argue that in those days of East-West con- ing him. flict we were capable of using coercion and Mr. Speaker, I ask my colleagues to join me arts in San Mateo County. In describing one brute strength to bring about the desired in honoring Rev. Dr. Shellie Sampson, Jr. for notable performance, the San Francisco policy outcome. But the world has changed. his fifteen years as Pastor at Thessalonia Chronicle paid special tribute to Marshall's Today, our challenge is to develop overt Baptist Church and his dedication to our south leadership: ``Conductor Marshall's skill, as well mechanisms like OTI to quickly advance our Bronx community. as fidelity to the music, added a constant plus strategic interests and both prevent crises f factor to the eveningÐa major event of the and help nations more beyond conflict. The season. He deserved his ovation.'' As Gallen overt mechanisms of the 1990s, unlike the HONORING GALLEN MARSHALL’S Marshall's congressional representative, I covert efforts of the 1960s, have to be trans- OUTSTANDING MUSICAL CAREER parent, democratic, and able to stand the could not agree more. He is truly a credit to test of public scrutiny. The diplomatic and AS DIRECTOR AND CONDUCTOR our community. development arms of US foreign policy must OF THE MASTERWORKS CHO- Mr. Speaker, I invite my colleagues to join work side-by-side to prevent crisis, to transit RALE AND ORCHESTRA me in congratulating Gallen Marshall for his from crisis, and to produce positive change. outstanding musical achievements and to join Idealistic? Perhaps. But does an indispen- HON. TOM LANTOS me as well in wishing him great success in his sable nation have any other choice? OF CALIFORNIA future endeavors. f IN THE HOUSE OF REPRESENTATIVES f TRIBUTE TO REV. DR. SHELLIE Tuesday, June 3, 1997 THE MEDICARE AND MEDICAID SAMPSON, JR. Mr. LANTOS. Mr. Speaker, I rise today to WASTE, FRAUD AND ABUSE recognize the outstanding musical contribu- WASTE PREVENTION AMEND- HON. JOSE´ E. SERRANO tions that Mr. Gallen Marshall has given to our MENTS OF 1997 OF NEW YORK community. Mr. Marshall, who is celebrating IN THE HOUSE OF REPRESENTATIVES his 33d and final season as music director and HON. FORTNEY PETE STARK conductor of the Masterworks Chorale and Or- OF CALIFORNIA Tuesday, June 3, 1997 chestra, has devoted his life to sharing with IN THE HOUSE OF REPRESENTATIVES Mr. SERRANO. Mr. Speaker, I rise today to others his love for the creative arts. He has in- Tuesday, June 3, 1997 pay tribute to Rev. Dr. Shellie Sampson, Jr. spired a generation of Californians with his Mr. STARK. Mr. Speaker, along with Mr. who will be honored on Saturday at the fif- passion for music and his talent for teaching. MCDERMOTT and Mr. WEYGAND, I am pleased teenth pastoral anniversary banquet of the He will be sorely missed. to introduce the Medicare and Medicaid Fraud, Thessalonia Baptist Church of New York. Gallen Marshall joined the music faculty at Abuse and Waste Prevention Act of 1997, a In short, Pastor Sampson lives to help other the College of San Mateo in 1963 and a year bill that will implement the President's recent people. He has been diligent in providing spir- later founded the Masterworks Chorale at the initiative to combat waste, fraud, and abuse in itual guidance and support to the members of college. Mr. Marshall's original group con- Medicare and Medicaid. our community. sisted of 40 singers. Under his leadership, the Although I congratulate the Republicans for In addition to his services as Pastor, he led chorale quadrupled in size and it blossomed accepting many of the provisions within the the erection of our Cultural Community Center, musically as well. Mr. Marshall's singers per- administration's fraud bill, several provisions and co-founded the Thessalonia Elementary formed with a wide range of internationally re- critical to the fight against health care fraud Academy, the Thessalonia Institute of Reli- nowned organizations, including the San Fran- were not included in the budget Medicare gion, and the church's bookstore. cisco Symphony, the San Francisco Opera, package as proposed by Chairman BILL THOM- Among other activities he is also the presi- the San Jose Symphony, the Festival of AS and should be made law. dent of the Baptist Ministers Conference of Masses, and the Cabrillo Festival. The U.S. taxpayer spends $191 billion each greater New York City and vicinity, a member Gallen Marshall challenged his pupils to fully year to fund Medicare programs. However, of the Afro-American clergy advisory group to cultivate their musical talents, and he helped $20 billion, or 10 percent, is lost to fraud. Too the mayor, an education commissioner at the them to achieve new heights of skill and cre- many health providers are putting their hands New York State convention, a teacher at the ativity. The chorale performed some of the into the public trough. Too many individual New York and National Baptist congresses, most demanding works, among them ``Flos physicians, nursing homes, and medical and a co-founder of south Bronx churches. Campi'' by Vaughan Williams, ``Four Sacred equipment dealers are overcharging the Amer- Pastor Sampson is an educator and is very Pieces'' by Verdi, Britten's ``War Requiem,'' ican taxpayer for alleged legitimate Medicare actively involved in programs to assist minority and Beethoven's ``Missa Solemnis.'' Mr. Mar- expenses. students. The killing of his 25-year-old son, shall's singers delighted audiences far and Health care fraud burdens the Nation with Kitu Sampson, a religious disc jockey in wide, from California to Carnegie Hall, where enormous financial costs, threatening the qual- Franklin Township, PA, motivated him and the chorale performed in 1989 to rave reviews. ity of health care, and endangering the long- strengthened his belief in the need to educate In praising the chorale, Peter E. Tiboris, the term sustainability of the Medicare Program. the city's youth. ``It works both ways,'' he said. music director and principal conductor of the Operation Restore Trust, a demonstration ``Life is unpredictable. You never know when Manhattan Philharmonic, exclaimed, ``Without program of Health and Human Services, has disaster's going to strike. So, it makes you de- question this was one of the greatest perform- recovered $23 for every $1 spent in their ef- termined to get the young people educated.'' ances of Verdi's ``Requiem'' that this hall ever forts to fight fraud. The program began 2 He earned a bachelor's degree in science heard. This is a world-class organization and years ago in California, New York, Texas, and from Rutgers University, a Master of Divinity your region is fortunate to have such a musi- Florida, where large concentrations of Medi- degree, and a doctorate in Christian education cal organization in its midst.'' The chorale re- care recipients live. To date, the program has June 3, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1083 identified $188 million owed to the Federal TITLE I—ACCOUNTABILITY OF SERVICE Sec. 109. Amounts of CMPs. Government and led to 74 criminal convic- PROVIDERS Section 109 amends section 1842 to provide tions. Part A—Sanction Authority (by reference) specific dollar amounts for Why do we need these amendments to Sec. 101. Exclusion of Entity Controlled by CMPs that the Secretary currently has au- crack down on fraud and abuse in the Medi- Family Member of a Sanctioned Individ- thority to impose in response to a broad care system? It is to prevent scam artists from ual. range of violations. Section 101 amends section 1128 to author- Sec. 110. Liability of Physicians in Specialty preying on vulnerable senior citizens. Hospitals. It is to prevent people like Dorothy and ize the Secretary to exclude from participa- tion in federal health care programs Barry Hultman of Connecticut from building a Section 110 amends section 1867(d) to au- (FHCPs), including Medicare and Medicaid, thorize CMPs against physicians who are on luxury, state-of-the-art home by scamming the an entity owned or controlled by an imme- call to specialty hospitals and who fail or system and overbilling Medicaid by $1.15 mil- diate family member of an excluded individ- refuse to appear within a reasonable time to lion for nonexistant or exaggerated costs. ual. This will prevent an excluded individual provide patients with medical screening ex- It is to prevent people like Vernon Will from from circumventing the exclusion by trans- aminations or stabilizing treatments. filing for bankruptcy and discharging nearly ferring ownership or control of a health care Sec. 111. Expansion of Criminal Penalties for $20 million in debts, while his nursing home entity to a family member. Kickbacks. closed in San Jose, CA, notifying 27 elderly Sec. 102. Civil Money Penalties (CMPS) for Section 111 amends to section 1128B au- Kickbacks. thorize the imposition of criminal penalties residents that they had 1 day to pack up and Section 102 amends section 1128A to pro- upon persons violating federal anti-kickback leave. vide for civil monetary penalties for kick- provisions with respect to private health It is to prevent a nursing home from collect- back violations against FHCPs. Current law care benefit programs. This section also au- ing $5,000 for surgical tape for a patient, who authorizes only criminal penalties or exclu- thorizes the Attorney General to bring civil somehow used 12.5 miles of this tape over a sion for those who violate the anti-kickback actions in U.S. District Courts to impose statute, and this amendment will provide an 6-month period. civil penalties and treble damages upon intermediate remedy. It is to prevent drug traffickers identified by those violating anti-kickback provisions Sec. 103. CMPs for Persons That Contract the FBI from targeting the health care system. with respect to Federal health care pro- Finally, it is to prevent the American tax- With Excluded Individuals. Section 103 amends section 1128A to pro- grams. Nothing in this bill is intended to di- payer, vulnerable senior citizens, and the poor vide for CMPs against a person arranging or minish the existing authority of any agency from being taken for a ride by scam artists. contracting with an individual or entity for of the U.S. Government to administer and This bill would potentially save the American the provision of items or services under a enforce the criminal laws of the United taxpayer billions of dollars. FHCP, if the person knows or should know States. According to Secretary Shalala, the pro- that the individual or entity has been ex- Part B—Provider Enrollment Process gram's goals are threefold. First, the amend- cluded from participation in the program. Sec. 121. Requirements to Disclose Employer ments make it difficult for fraudulent people to Sec. 104. CMPs for Services Ordered or Pre- Identification Numbers (EINs) and Social get into the system in the first place. Second, scribed by an Excluded Individual or En- Security Numbers (SSNs). tity. the amendments require providing Federal Section 104 amends section 1128A to au- Section 121 amends sections 1124 and 1124A health care programs with Social Security thorize the Secretary to exclude from FHCPs to authorize the Secretary to require Medi- numbers to track fraudulent or suspect in- persons furnishing medical items or services care providers and suppliers to provide social voices. Third, the amendments enact very ordered or prescribed by an excluded individ- security numbers (SSNs) and employer iden- strong penalties for those convicted of fraud. ual or entity, if the person furnishing the tification numbers (EINs) for their practices The first goal, making it difficult for a bad services knows or should know of the exclu- and for any owners or managing employees. actor to enter into the system, and would per- sion. The Social Security Administration will be required to verify and correct the SSNs and mit the Secretary to refuse to accept or to ter- Sec. 105. CMPs for False Certification of Eli- gibility to Receive Partial Hospitaliza- EINs supplied under this requirement. minate an agreement for Medicare if convicted tion and Hospice Services. Sec. 122. Fees for Agreements with Medicare of a felony. Section 105 amends section 1128A to pro- Providers and Suppliers. Under the second part of the bill, Medicare vide for CMPs for false certification of need Section 122 amends section 1866 to author- providers would be required to provide verified for partial hospitalization or hospice serv- ize the Secretary to charge fees to individ- Social Security Numbers and employer identi- ices. (This amendment expands the authority uals and entities for costs relating to their fication numbers [EINs] for their practices and for CMPs for false certification of need for enrollment and reenrollment as Medicare for any owners or managing employees. home health services enacted in P.L. 104–191, providers or suppliers. Lastly, the bill permits a court to impose the Health Insurance Portability and Ac- Sec. 123. Authority to Refuse to Enter into very strong penalties for violations. The pen- countability Act of 1996 (HIPAA). Medicare or Medicaid Agreements with Sec. 106. Extension of Subpoena and Injunc- alties include criminal and civil penalties and Individuals or Entities Convicted of tion Authority. Felonies. injunctions. Also, filing for bankruptcy would Section 106 amends section 1128A to extend Section 123 amends sections 1866(b)(2) and not discharge a debt to the United States to the exclusion authority under section 1128 1842 to authorize the Secretary to refuse to under Medicare or Medicaid. Again, the goal is the Secretary’s authority to enjoin violative enter into, or to terminate or refuse to to deter those who would try to circumvent the acts and issue subpoenas requiring witnesses renew, a contract or agreement for the provi- law. to appear or produce testimony. This section sion of health care items or services under By passing this bill we will accomplish three also makes clarifying amendments regarding Medicare with a person or entity that has things. First, we will send a message to those the scope of authority delegable to the In- been convicted of a felony. This section spector General. amends section 1902(a)(23) to give State Med- who prey on the more vulnerable segments of Sec. 107. Kickback Penalties for Knowing our society. We will find them and punish icaid agencies authority to deny provider Violations. agreements to persons or entities convicted them to the fullest extent of the law. Second, Section 107 reverses the 1995 decision in of a felony. Hanlester Network v. Shalala, in which the we will give new tools to those fighting health Sec. 124. Fees and Requirements for Issuance U.S. Circuit Court of Appeals for the 9th Cir- care fraud in helping them to ferret out corrup- of Standard Health Care Identifiers. cuit held that a determination of whether a tion. Finally, we will reduce the corruption in Section 124 amends section 1173 to author- the nearly $200 billion Medicare Program, sav- defendant acted ‘‘willfully’’ in violation of Medicare’s criminal provisions required ize the Secretary to condition the issuance ing money both in the short and the long run. proof by the government that the defendant of standard unique health care identifiers to I urge my fellow Members of Congress to knew his actions violated a known legal duty individuals and entities furnishing health join with me in passing this important piece of as opposed to knowing that his conduct was care items and services (as provided for by legislation. Together, we can combat waste, wrongful. The effect of this decision was to section 262 of HIPAA) on (1) provision of the fraud, and abuse in Medicare and Medicaid. place a very high burden of proof on the gov- individual’s or entity’s SSN or EIN and (2) I refer my colleagues to the attached docu- ernment. payment of a fee to cover the Secretary’s ment, which provides a more detailed descrip- Sec. 108. Elimination of Exception of Federal costs of issuing the identifier. tion of the bill. Employees Health Benefits Program TITLE II—PROVIDER REIMBURSEMENT from Definition of Federal Health Care AND RELATED MATTERS MEDICARE AND MEDICAID FRAUD, ABUSE, AND Program. WASTE PREVENTION AMENDMENT OF 1997 Section 108 amends section 1128B(f) to Part A—Coverage and Payment Limits SECTION-BY-SECTION SUMMARY eliminate the exclusion of the Federal Em- Sec. 201. No Home Health Benefits Based (Except as otherwise indicated, this bill ployees Health Benefit (FEHB) Program Solely on Drawing Blood. amends provisions of the Social Security from the definition of a Federal health care Section 201 amends sections 1814(a)(2)(C) Act.) program. and 1835(a)(2)(A) to eliminate the simple E1084 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 1997 drawing of blood from a homebound individ- TITLE III—MEDICARE MENTAL HEALTH is to result in aggregate payments approxi- ual, without the need for other skilled nurs- PARTIAL HOSPITALIZATION SERVICES mately equal to those under current law. ing services, as a qualifying event for Medi- Sec. 301. Services not to be furnished in resi- Beneficiary coinsurance is limited to 20 per- care home health benefits. dential settings. cent of the new payment basis. Sec. 202. Monthly Certification for Hospice Section 301 amends section 1861(ff)(3)(A) to f Care after First Six Months. eliminate payments for partial hospitaliza- Section 202 amends section 1812(a)(4) to re- tion services in an individual’s home (includ- WEDDING OF JASON SCOTT STELE quire monthly (rather than a one-time) re- ing an institutional setting). AND MICHELLE FAYE LAWRENCE certification of a hospice Medicare patient as Sec. 302. Additional Requirements for Com- terminally ill after the patient has received munity Mental Health Centers. hospice services for over 6 months. Section 302 amends section 1861(ff)(3)(B) to HON. BILL PASCRELL, JR. Sec. 203. Payment for Home Hospice Care on require community mental health centers, as OF NEW JERSEY Basis of Geographic Location of Home. a condition of receiving payments for partial IN THE HOUSE OF REPRESENTATIVES Section 203 amends section 1814(i)(2) to pro- hospitalization services, to serve a substan- vide for Medicare payment of hospice care tial number of patients who are not eligible Tuesday, June 3, 1997 furnished in an individual’s home based on for Medicare benefits, and to meet additional the geographic location of the home (rather Mr. PASCRELL. Mr. Speaker, I would like to conditions the Secretary may specify con- bring to your attention the momentous occa- than of the hospice). cerning the health and safety of patients, or Sec. 204. Limitation on Hospice Care Liabil- for the effective or efficient furnishing of sion of Jason Scott Stele's and Michelle Faye ity for Individuals Not in Fact Termi- services. Lawrence's wedding on Saturday, May 31, nally Ill. Sec. 303. Prospective Payment System. 1997. The wedding took place in Carmel, IN at Section 204 amends section 1879(g) to pro- Section 303 amends sections 1833 and 1866 the Indianapolis Hebrew Congregation. vide that Medicare beneficiaries (or hospices) to authorize the Secretary to develop a pro- Jason was born on October 1, 1974, in Liv- do not have to pay for hospice care based on spective payment system for partial hos- ingston, NJ to Kenneth and Sharon Stele of an incorrect diagnosis of terminal illness if pitalization services. The system is to pro- West Orange. He was educated at West Or- the beneficiary (or hospice) did not know, vide for appropriate payment levels for effi- and could not reasonably have been expected cient centers and is to take into account ange High School and attended Purdue Uni- to know, that the diagnosis was in error. As payment levels for similar services furnished versity where he received his bachelor of arts is the case under current practice for other by other entities. Beneficiary coinsurance is in psychology. A graduate student, Jason re- situations involving waiver of liability, a limited to 20 percent of the new payment ceived his master of science degree in psy- beneficiary has a favorable presumption of basis. chology from George Mason University. ignorance, while a provider of services does TITLE IV—MEDICARE RURAL HEALTH Jason managed to garner numerous awards not. CLINICS and distinctions throughout his collegiate ca- Sec. 205. Medicare Capital Asset Sales Price Equal to Book Value. Sec. 401. Per-Visit Payment Limits for Pro- reer. Among his top honors are membership in Section 205 amends section 1861(v)(1)(O) to vider-Based Clinics. Phi Beta Kappa National Honor Society, Gold- set the value of a capital asset (as recognized Section 401 amends section 1833(f) to ex- en Key National Honor Society, and Psi Chi by Medicare) at the time of change of owner- tend the current per visit payment limits ap- National Psychology. Included with this im- plicable to independent rural health clinics ship at the book value of the asset. The sec- pressive list of accolades is Jason's graduat- tion also applies this valuation to providers to provider-based clinics (other than clinics based in small rural hospitals with less than ing with distinctionÐwithin the upper 5 percent of services other than hospitals and skilled of his classÐand making the dean's list. nursing facilities, and eliminates obsolete 50 beds). language referring to a return on equity cap- Sec. 402. Assurance of Quality Services. Michelle was born on December 30, 1973, ital. Section 402 amends section 1861(aa)(2)(I) to in Carmel, IN, to Herman and Diane Law- Sec. 206. Repeal of Moratorium on Bad Debt require clinics to have a quality assurance rence. She was educated at Carmel High Policy. and performance program as specified by the School and also attended Purdue University, Section 206 repeals section 4008(c) of the Secretary. earning her bachelor of science degree in Sec. 403. Waiver of Certain Staffing Require- Omnibus Budget Reconciliation Act of 1987, mathematics education. Michelle also man- which prohibits the Secretary from making ments Limited to Clinics in Program. Section 403 amends section 1861(aa)(7)(B) to aged to garner numerous awards and distinc- changes in the requirements governing Medi- tions, among them being membership in the care payment for the bad debts of hospitals. limit the current authority for the Secretary to waive the requirement that a clinic have Golden Key National Honor Society, Kappa Part B—Bankruptcy Provisions a mid-level professional available at least 50 Delta Pi National Education Honor Society, Sec. 221. Application of Certain Provisions of percent of the time. The waiver will be appli- and the National Council for Teachers of the Bankruptcy Code. cable only to clinics already providing serv- Mathematics. Included with this list of impres- Section 221(a) adds a new section 1143, ices under Medicare, and not to entities ini- sive accolades is Michelle's membership in which provides that (1) the automatic stay of tially seeking Medicare certification. actions during the pendency of bankruptcy Sec. 404. Refinement of Shortage Area Re- the Alpha Phi Omega National Service Frater- proceedings does not apply to actions by the quirements. nity and making the dean's list. Secretary or a State with respect to partici- Section 404 amends section 1861(aa)(2) to Jason and Michelle met while both were at- pation in Medicare or Medicaid, including refine the requirements concerning the area tending Purdue University. Jason was set up actions relating to program exclusion, CMPs, in which a clinic is located. First, the sec- on a blind date with Michelle by Kristen Coo- recovery of overpayments, and denial of tion requires triennial recertification that per, a friend of theirs in the Purdue Marching claims; (2) debts owed to the United States requirements are met. Second, the Secretary Band. The two were soon engaged, and were or to a State for an overpayment (except for has to find that there are insufficient num- an overpayment to a beneficiary) or a pen- bers of needed health care practitioners in wed on May 31, 1997. alty, fine, or assessment under Medicare, the clinic’s area. Third, clinics that no Mr. Speaker, I ask that you join me, our col- Medicaid, or title XI are not dischargeable in longer meet the shortage area requirements leagues, and Jason and Michelle's family and bankruptcy; and (3) repayment to the United will be permitted to retain their designation friends, in recognizing the momentous occa- States or to a State of a Medicare or Medic- only if the Secretary determines that they sion of Jason Scott Stele's and Michelle Faye aid debt, or for penalties, fines and assess- are essential to the delivery of primary care Lawrence's wedding. ments with respect to a debtor’s participa- services that would otherwise be unavailable f tion in Medicare or Medicaid are considered in the area. final and not preferential transfers under the Sec. 405. Decreased Beneficiary Cost Sharing CELEBRATING 25 YEARS OF AFRI- Bankruptcy Code. for RHC Services. CAN-AMERICAN ENTREPRENEUR- Section 221(b) adds a new section 1894, Section 405 amends sections 1861(aa)(2) and IAL EXCELLENCE which provides that (1) bankruptcy courts 1833(aa)(3) to lower beneficiary coinsurance must use Medicare rules for determining for RHC services to 20 percent of the per visit whether claims by a debtor under the Medi- limit. HON. JOHN CONYERS, JR. care program are payable, and the allowable Sec. 406. Prospective Payment System for OF MICHIGAN amounts of such claims; (2) the notice to RHC Services. creditors required under the Bankruptcy Section 406 amends sections 1833 and IN THE HOUSE OF REPRESENTATIVES Code must be provided, in the case of Medi- 1861(aa)(2) to require the Secretary to de- Tuesday, June 3, 1997 care debt, to the Secretary rather than a fis- velop a prospective payment system for rural cal agent; and (3) a claim for payment under health clinic services (to go into effect no Mr. CONYERS. Mr. Speaker, I rise to pay Medicare cannot be considered a matured later than 2001). The system may provide for tribute to the African-American entrepreneurs debt payable to the bankruptcy estate until adjustments for excessive utilization, and is featured in ``Black Enterprise'' magazine's allowed by the Secretary. to be updated annually. Initially the system June 1997 cover story honoring six ``Marathon June 3, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1085 Men,'' who have lead their companies to pe- who’ve moved out of his shop and into their The legendary publisher says the hurdle rennial presence on that magazine's list of the own dealerships. for black businesses in the next 25 years will top 100 black-owned businesses nationally. Besides those 35, he’s training five chil- continue to be the same—‘‘money, money, dren, two sons and three daughters, to take money,’’ he scoffs. But if you have the stay- They include Nathan Conyers of Detroit, a over all facets of the business. His eldest son, ing power and wherewithal, that is assuming Ford dealer; John H. Johnson of Chicago in- Steven, is general sales manager. Daughter you have a good product and market to sell volved in publishing, cosmetics and broadcast- Nancy is the business manager for new cars, to, you’ll be successful.’’ Johnson’s mission ing; Herman J. Russell, a general contractor and son Peter is business manager for used over these next years is to see the company from Atlanta; Edward Lewis and Clarence cars. Another daughter, Susan, is the former survive and grow. To do so, he says that he Smith, New Yorkers engaged in publishing, li- Quality Commitment Performance manager. will take advantage of all new opportunities censing and entertainment; and Earl G. Daughter Ellen is an attorney, handles con- and embrace new technology to get there. tracts and collections and is currently wait- ‘‘Never say never about new things,’’ advises Graves, Jr., a magazine publisher also of New ing to get into a dealer training program to the venerable publisher. York City. All have demonstrated a unique buy her own store. Johnson has no plans to retire. ‘‘I enjoy blend of faith, determination, patience, perse- A quiet pride exudes from his eyes; the leg- myself, I don’t work. When you love some- verance, and just plain guts that have made acy continues. ‘‘The issue of succession is a thing, it’s not work. I don’t know anything their businesses successful through the years. whole new issue for black businesses now that gives me the same amount of pleasure.’’ that we have them in some number.’’ Con- But he began putting a succession plan in THE 25 YEARS OF BLACK ENTREPRENEURIAL yers says he and his family have been work- place when he brought daughter Linda John- EXCELLENCE ing on a plan for the past five years. ‘‘I have son Rice on board. ‘‘I see her playing an in- NATHAN G. CONYERS, PRESIDENT, CONYERS qualified one of my children to be on the creasing role in the management of the com- RIVERSIDE FORD, INC. dealer agreements so that if something hap- pany and myself, a lesser role, but never dis- When auto industry executives at Ford pened to me, they could step into the busi- associated,’’ says Johnson of his daughter Motor Co. in Detroit went looking for a few ness,’’ he explains. who is now president of the company. ‘‘Par- good men to start a dealership to quell an He has also virtually ruled out selling the ents never give up their children, and this is economically disenfranchised, predomi- business. ‘We’ve always said no because my child,’’ he adds. nantly black inner-city, they found one in we’ve put too much of our blood, sweat and He also has no plans to sell his company or the Conyers family. The patriarch, John Sr., tears into this,’’ he asserts. take it public. And he says his daughter had spent his working life along the Chrysler Equally important to Conyers is that more couldn’t agree more. ‘‘I could sell it and get assembly line, and his successful lawyer African Americans pick up the banner of en- a lot of cash, but I don’t see that I could do sons, John Jr. and Nathan, were ready to trepreneurship moving into the 21st century. anything else that would bring me as much plunk down the needed capital to get the ‘We need to convince our best and brightest fulfillment as this. I’ve spent 55 years being cars rolling. that getting into business for themselves is my own boss; I’m too old to have another. But willingness isn’t enough. When Con- the thing to do. Before, it was getting a fac- ‘‘If you go public, the stockholders, the yers Ford appeared on the original BE 100, tory job, then into the professions—teachers, board of directors, the SEC (Securities and then comprised of both industrial service government workers—then into the cor- Exchange Commission) are all your bosses companies and auto dealers, it was one of 13 porate world. Now we need to look at the en- and you’ve got to listen to them,’’ he says. dealerships. Today, it’s the only one left trepreneurial world.’’ ‘‘We only have three board members: Linda, from that first list, making it the oldest JOHN J. JOHNSON, CEO, JOHNSON PUBLISHING CO. her mother [Eunice Johnson] and I. Linda black-owned auto dealership in the country. When John H. Johnson started the Negro will succeed me. Even now, I don’t do any- It has been a school of hard knocks, pings Digest 55 years ago, it was the predecessor of thing that she doesn’t agree on, and she me. and repairs, but the engine is still running what would become Ebony magazine, which There’s a mutual love and respect, so it’s a strong. would spawn Jet, and this would lead to joint venture now.’’ Conyers, who assumed responsibility for other, now defunct, spin-offs. But those fail- HERMAN J. RUSSELL, CEO, H.J. RUSSELL & CO. the dealership in a coin toss with his brother ures would lead to his most recent suc- Herman Russell says he started on the en- John Jr., the congressman, says there are cesses—Ebony Man, and Ebony , trepreneurial path as an eight-year-old shin- four vital elements that will give a business, which marked the company’s foray into ing shoes. He has his own paper route by 10 any business, better opportunities for suc- international publishing. Along the way, and bought his first piece of real estate for cess: location, capitalization, an understand- Johnson bought and sold three radio sta- $125 at 16. That real estate deal became the ing of the business and a commitment to be- tions, started a book publishing division and base of the H.J. Russell Construction Co., coming part of the community you serve. produced the former syndicated television buying and developing real estate and work- ‘‘For many black dealers, the location was show, Ebony/Jet Showcase, and now pro- ing as a major minority contractor on most not viable and the auto manufacturers put duces the annual American Black Achieve- projects built south of the Mason-Dixon line. them in ares that they couldn’t put whites,’’ ment Awards for television, which first aired Post-’60s and after the hotbeds of the riots, he says of the black dealers lost over the in 1978. Johnson also created two beauty care there were 10 construction firms on the years. ‘‘It was a problem to get capital at lines—Supreme Beauty Products and the original BE 100s list. Forty years later, Rus- competitive rates 25 years ago, and it’s still world-renown Fashion Fair Cosmetics. sell’s company is the only one left from the a problem today. And, if you’re not in the While he is loath to consider himself an old original list, one of the few black-owned con- right location, that’s compounded.’’ Also, man at 79, Johnson had run the gauntlet for struction firms on the current list, and the many dealers go through a manufacturer’s some 30 years before the first BE 100s list largest minority-owned general contractor dealer development program, ‘‘often coming was ever published. When it was, he was list- in the U.S. from other businesses,’’ only to be offered a ed second only to Motown Industries. For ‘‘You must make a decision early about store in a locale that they know little about that, he’s the veteran iron man in black- what you want in life,’’ says Russell, whose in a community that knows little about owned business—always fighting, always fin- dad taught him to save something out of ev- them—points three and four. ishing at the top among the BE 100s compa- erything he made. ‘‘The competition is keen- Conyers admits his company started at a nies. But like most, he’s faced his share of er now and you have more qualified people time when government entities were more hurdles. competing for the jobs,’’ he explains. inclined to promote minority businesses. He ‘‘The first 25 years were difficult, trying to Russell says the biggest hurdle to staying fears those days of government support and get circulation and to break through in ad- in his line of business, ironically, has not private partnership are limited. vertising to get large companies to recognize been capital, but training and developing the On the flip side, he explains African Ameri- that black consumers had money and would people he needed for the jobs, and then get- cans can do very well under that kind of respond to advertising directed to them,’’ ting them to stick around. ‘‘Most people are pressure. ‘‘If you increase the odds, it in- Johnson says. ‘The first 20 years or so in not willing to wait or to pay the price as an creases the will to succeed.’’ But he cautions business, we couldn’t get a bank loan. Even individual to develop. When you do, you have this will come at a price: more successful the largest businesses in the world need bank more to bring to the table,’’ he explains. black-owned businesses in the future, but loans at some time or must have some other Russell has spent the time developing both fewer of them. way to access capital.’’ his company and his craft. But even when Conyers has mastered the ‘‘art of the soft The second 25 years have been easier. the first list was launched, Russell Construc- sell.’’ It is just those qualities that have Johnson has seen the company mature, cir- tion was a seasoned business. Many of Atlan- helped him build a loyal clientele. Part of culation double, start new businesses and ta’s neighborhoods have residential homes our mission statement says, ‘‘We’re here to change the method by which its flagship and commercial buildings that Herman Rus- serve and earn the business of our commu- properties are handled. ‘You have to meet sell has worked on. And when it came time nity and customers.’’ It’s a credo he stresses the new challenges [of the 21st century], so to build a new municipal airport under then to everyone keep before them. in 1993, we took all three magazines—Ebony, first black mayor, Maynard Jackson, Rus- Conyers says the other part of his cor- Ebony Man and Jet—desktop. Now we can sell, a neighbor, was poised and primed for porate mission is to train new dealers. To his send them to the printer via e-mail, and in the roughly $19 million job. He was also a credit, that mission has spawned 35 African South Africa, it’s the same thing,’’ explains primary subcontractor on projects during American dealers, many of whom are women, Johnson. last summer’s Olympics in Atlanta. E1086 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 1997 It’s these blue-collar jobs that proved to be lenges. ‘‘We had a business plan that called Fast forward again to 1997 and Graves, now the foundation of black middle-class Amer- for $1.5 million in capital; we opened with older and a lot wiser, reflects on the early ica and the early source of black economic $130,000,’’ adds CEO Lewis. years. ‘‘I was trying to run a business my- progress. Russell says that emphasis is now Smith says they underestimated the strug- self, while telling others what they needed to missing—to African Americans’ detriment. gle it would take for not only cash and ad- know about trying to start or run their busi- ‘‘There’s a generation now that when they vertisers, but even newsstand space. ‘‘We nesses,’’ he says. ‘‘It was like being the were coming along, we didn’t emphasize the also had to overcome the inexperience of not teacher and reading five chapters ahead of trades, only white-collar jobs, and we missed running our own businesses before. We the class, like a student-teacher.’’ the boat. You don’t have to have a white-col- learned that we could do with less,’’ explains Assisting him in the process was his wife lar job to be successful in life,’’ he adds. Lewis. Barbara, who gave up her job as a teacher to ‘‘When I walk out on a construction job and Start-up pains and racism aside, the key to help her husband pursue his goal. The maga- it’s 25% Latin Americans working all phases the company’s growth has been its diver- zine set out to tell readers ‘‘how to’’ do it. In of the job, I’m concerned. I remember when sification, pushing the balance sheet up- the process, its circulation has grown from a I was serving my apprenticeship, most were wards. But to remain successful into the controlled subscriber base of 100,000 to a cur- black Americans, but we don’t see that next decade, the company ‘‘must be leaner, rent list of 300,000 and 3.1 million readers. today.’’ nimble and able to take advantage of oppor- Along the way, Graves bought and sold two Going forward, Russell has tried to prepare tunities globally to continue to grow,’’ says radio stations and a marketing research his children, H. Jerome Russell, president/ Lewis. ‘‘There will be more opportunities to firm, and established another division of the chief operating officer and head of the hous- expand this brand, especially in West and company, Black Enterprise Unlimited. This ing and property management division, and South Africa, and this will continue to be new brand is responsible for the Entre- Michael Russell, vice president and manager the direction the company heads in,’’ adds preneurial Conference and the B.E./Pepsi of the construction division, to take over the Smith. Golf and Tennis Challenge. He also entered To that end, ECI still faces a number of company’s reigns. But he says they’re not into partnership with PepsiCo to purchase challenges, namely financing for future quite ready to take on the challenges of a Pepsi-Cola of Washington, D.C., L.P., a soft projects. ‘‘There are absolutely more ave- firm with international projects and consult- drink bottling franchise, and is a general nues, but it is still difficult for small and mi- ing on many more. To wit, he’s brought in an partner of Egoli Beverages, L.P., a Pepsi- nority businesses to get the capital they outsider to get the firm over his progeny’s Cola franchise in South Africa. need. And with the mergers taking place in learning curve. In November 1996, Russell ap- In the process, the magazine has set stand- banking, these banks are not geared to small pointed R.K. Sehgal chief executive officer ards of professional and entrepreneurial business; we’re going to have to seek out and vice chairman to report to him as chair- achievement with its lists of the 25 Best other banks and venture capitalists for man of the board. Places for Blacks to Work, 40 Most Powerful money,’’ Lewis says. While neither partner ‘‘They’re working me harder, and there’s Black Executives, and Top 25 Blacks on Wall has plans to sell the company, neither would more to do now with the new CEO getting Street, while coining vernacular like rule out that option. ‘‘Anything’s possible,’’ lots of my input, but as the months go by, BUPPIE (Black Urban Professional) and added Lewis, ‘‘but we have to see how the I’m hoping to go from 14- to eight-hour days Kidpreneur TM. world is conducting business and be mindful and have more time for myself,’’ Russell But many of the challenges posed to black of our shareholders’ interests.’’ businesses and professionals in 1972—access says. The other cornerstone is developing the Like his CEO/chairman counterparts, Rus- to capital, corporate glass ceilings, dispari- company’s next generation of leaders. While sell says he wouldn’t sell his company out- ties in service and the perceived value of the neither partner would say whether they have right, but confesses that one day, it will go African American market and its dollars— a succession plan, Lewis has no children and public, probably soon. ‘‘I’m almost sure the remain in place today. ‘‘Since I wrote that Smith’s two sons are not involved in the family will keep the majority share of it, but letter to my father 25 years ago, we’ve made day-to-day affairs of the company. But that we’ll probably go public within five years.’’ enormous progress, but not enough has has not stopped them from tapping the tal- With its diversified holdings, including con- changed,’’ Graves points out. ent of the company’s limited partners and struction and management, property and For the man with the signature mutton employees, most notably, its highly recog- real estate management and development, chop sideburns, knocking on closed doors nized and respected editor-in-chief, Susan L. and airport concessions, it would make an and inviting himself in, much like Fred. Taylor. ‘‘The Hammer’’ Williamson did in his films, attractive IPO. But whatever happens, Rus- Lewis says he doesn’t see himself running sell says ‘‘whoever becomes the next CEO Graves has called on corporate America to the magazine daily in 25 years. ‘‘We intend give equal access to African Americans in must be prepared to take on and carry on the to encourage others and prepare middle man- business.’’ banks, boardrooms and businesses. agers to move forward and run this business. ‘‘The challenge in the next 25 years is to EDWARD LEWIS, CEO, PUBLISHER CLARENCE Black women will continue to be in the fore- eradicate the stereotype of us as the SMITH, PRESIDENT ESSENCE COMMUNICATIONS front.’’ underclass,’’ he says. ‘‘America is the great- INC. Adds Smith: ‘‘I think we have one of the est country in the free world. Our best his- When the Hollingsworth Group (now Es- best-known brands in the world and the fu- tory is in front of us if we are willing to ac- sence Communications Inc.) launched its ture for our shareholders, associates and em- cept the reality that African Americans magazine for black women in May 1970 with ployees is very, very good.’’ must share in its bounty.’’ To wit, Graves a portrait-sized closeup of a brown-skinned EARL G. GRAVES, CEO, EARL G. GRAVES LTD. has served on many corporate boards, most woman wearing a high, round ’fro, nothing Imagine—or remember—the surprise many recently, AMR (the corporate parent of could have shaken the publishing world and Americans, black and white, got after the American Airlines), Aetna, Chrysler Corp., white and black America more. Twenty- disturbances of the ’60’s when they opened Federated Department Stores Inc., and seven years, two less partners and four edi- their mailboxes during those hot, hazy sum- Rohm & Haas Corp. tors-in-chief later, co-founders Edward Lewis mer days of August 1970 and found a copy of Unlike some of his entrepreneur peers who and Clarence Smith have pushed Essence Black Enterprise magazine. Inside, publisher have not outlined a clear succession plan for Communications Inc. (ECI) from a magazine Earl G. Graves had assembled a prestigious their businesses, Graves has, ‘‘The future to a diversified brand name synonymous board of advisors made up of black leaders in bodes well for us because business is really with African American womanhood. business and politics of the day addressing people—the people you have handling it—and On the publishing front, there’s its flagship the question, ‘‘Why Black Enterprise?’’ It our young people are good,’’ he says, refer- property, Essence magazine; then there’s In- put the civil rights movement into perspec- ring to a list that includes his three sons, come Opportunities, a general market maga- tive—now that we’ve got the right to vote, Earl ‘‘Butch’’ Jr., executive vice president/ zine targeted to start-up businesses; and two would we be free to pursue a slice of the COO of Black Enterprise magazine; John, years ago, it started Latina, a magazine American economic pie? senior vice president business ventures and aimed at the Hispanic women’s market. Fast forward three years. Graves decided it head of B.E. Unlimited; and Michael, vice There’s a licensing division with a collection was time to quantify and qualify the kind president/general manager of Pepsi-Cola of of items from eyewear and hosiery to chil- and size of black businesses in America and Washington, D.C. dren’s books and a mail-order catalog. Fi- produced the first Black Enterprise 100, list- Graves anticipates developing more new nally, there’s its entertainment division, ing the top 100 black-owned businesses in the lines of business. He foresees Kidpreneuer TM, which once produced a weekly syndicated United States. a development program for budding entre- television program and now focuses on an In a letter to his father on the Publisher’s preneurs ages five to 18 held during the an- annual awards show and three-day festival. Page of the June 1973 issue, Graves wrote: nual Entrepreneurial Conference, growing Success has been manifest, but not without ‘‘We have arrived at a point in history where into something significant that might lead a tough start. ‘‘We thought we’d be a lot fur- we can identify thousands of black-owned to other lines of business. ‘‘We are also look- ther,’’ says Smith, president of ECI. ‘‘We and black-controlled businesses—many still ing at a line of financial services that will didn’t anticipate how much resistance there embryonic and still struggling for survival— assist in the growth and development of would be by marketers to an African Amer- that have been and are being established black-owned businesses,’’ he says. ‘‘And, I ican women’s magazine,’’ he says. Just get- across this country. These are humble begin- hope to see the expansion of the Pepsi fran- ting out of the starting block posed chal- nings. But they are significant.’’ chise, which is doing very well, through June 3, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1087 more franchising area contiguous with where vided emotional, educational, and spiritual BICENTENNIAL OF MAISON LOUIS we are or somewhere else.’’ support. I would like to congratulate Father LATOUR While he hasn’t relinquished his seat yet— Kavadas as he celebrates his 40 years in the ‘‘retire,’’ he laughs, ‘‘I’ll never be fully re- tired’’—day-to-day operations have been priesthood and wish him and his family all of HON. PETER DEUTSCH turned over to his sons and other senior offi- the best. OF FLORIDA cers. Instead, Graves plans on continuing in f IN THE HOUSE OF REPRESENTATIVES a broader fashion by shifting his attention Tuesday, June 3, 1997 from running his businesses to focusing more TRIBUTE TO MARY NORRIS, OPP’S on his corporate and volunteer activities. TEACHER OF THE YEAR Mr. DEUTSCH. Mr. Speaker, I rise today to Currently, he serves as a trustee on the recognize the bicentennial celebration of board of Howard University, the board of di- HON. TERRY EVERETT Maison Louis Latour of Beaune, France. Since rectors of the Associates of Harvard Univer- OF ALABAMA the winery was first established back in 1797, sity’s Graduate School of Business, and as IN THE HOUSE OF REPRESENTATIVES seven generations of Louis Latours have suc- vice president of relationships/marketing on ceeded to the head of the family business. the executive board of the National Office of Tuesday, June 3, 1997 Over these 200 years, the Latour family has the Boy Scouts of America. He also helped to Mr. EVERETT. Mr. Speaker, today, I would become known throughout the wine industry raise $1 million for his alma mater, Morgan State University, which has renamed its like to pay tribute to an outstanding woman, as a prominent leader in the trade. Through business school the Earl G. Graves School of teacher, and citizen. Mary M. Norris of Opp, the ingenuity and leadership of the Latour Business and Management. And, says the Alabama was awarded the Opp Chamber of family, Maison Louis Latour has achieved re- grandfather of six, ‘‘Barbara, my wife of 37 Commerce Teacher of the Year Award for markable success throughout the world and in years and former vice president/general man- 1997. particular in the United States. ager, and I will be spending more time with Mary Norris has been serving and contribut- Since the beginning of the 17th century, the our grandchildren and skiing six months a ing to our community as a teacher for the past Latour ancestry has been grower, cooper and year.’’ 26 years. I would like to commend her on her wine merchant in Aloxe-Corton, the famed But asking an activist to stop being active commitment to educating our children and vineyard region in the heart of the burgundy for the causes he believes in—education, en- countryside. In the mid-18th century, Louis terprise and opportunity—is no easy feat. strengthening our Nation. ‘‘Some of our businesses are reaching a level However, the Chamber of Commerce Latour built up the family business and estab- where we’ll be overcoming just basic busi- Teacher of the Year Award is not the only lished himself in Beaune as a ``negociant en ness obstacles—developing a market and area in which Mary Norris has been recog- vins fins,'' shipper of fine wines. Within a few building market share. Getting these eco- nized for her outstanding work. She has also years, he owned 15 hectares of the best vine- nomic business issues resolved in another 25 received the South Highland's Teacher of the yards in Aloxe-Corton. years will be a struggle, but we must make Year Award, as well as the WSFA±TV's Class Today, the Latour estate consists of 125 it happen.’’ Act Award. She has also served as the acresÐa collection of vineyards stretching f Science, Reading, and Math Curriculum chair- from the appellations of Chabertin and man and has been a participant in the Space Romanee Saint-Vivant in the Cote de Nuits to TRIBUTE TO FATHER DEMETRIOS Camp for Teachers. Chevalier-Montrachet in the Cote de Beaune. KAVADAS I would like to thank Mary Norris for her ac- The family continues to run the company and tive involvement in the field of education. She remains true to the local, loyal, and constant HON. DAVID E. BONIOR is not only aiding our children, but she is help- traditions of burgundy. OF MICHIGAN ing the community as a whole. Having been represented in the United States since before the turn of the century, IN THE HOUSE OF REPRESENTATIVES f Maison Latour, in 1985, established an Amer- Tuesday, June 3, 1997 TRIBUTE TO THE RIZZA FAMILY ican subsidiary, Louis Latour USA Inc. This Mr. BONIOR. Mr. Speaker, today I would company has helped generate jobs not only at like to honor Father Demetrios Kavadas as he HON. WILLIAM O. LIPINSKI the subsidiary, but also for professionals work- celebrates 40 years in the priesthood and 35 OF ILLINOIS ing with Louis Latour across the United States years of service as the protopresbyter of the IN THE HOUSE OF REPRESENTATIVES in the distribution and marketing of their fine Assumption Greek Orthodox Church in St. wines. Clair Shores, MI. Tuesday, June 3, 1997 In addition to the celebration of their bicen- Father Kavadas was born and raised on the Mr. LIPINSKI. Mr. Speaker, today I pay trib- tennial, I commend Louis Latour on their re- Island of Chios, Greece, before coming to ute to the Rizza family, who are members of cent admittance into the exclusive Henokiens America and entering the priesthood. As a the Old Neighborhood Italian American Club in Club, a renowned international club of family young man, Father Kavadas was a serious my district, who have given a great amount of run businesses. Louis Latour met the criteria student who placed enormous value on edu- their time and energy to improving the com- that allows them to be members of this club, cation. He graduated from high school summa munity. This family is truly deserving of this namely, a company that is in sound financial cum laude, was a Fulbright Scholar, and at- special honor and I am pleased to have such health, a company that has been in business tended Tufts University, College of the City of a shining example of community service in my for at least 200 years, and, a company that New York, Holy Cross Greek Orthodox Theo- district. continues to be run by members of the original logical Seminary, Harvard University, and Bos- The generosity of the Rizza family to their family. ton College. But it was his dedication to God community is shown in so many ways. For the I congratulate Louis Latour on being one of and helping others that prompted him to be- past 16 years the Rizza family has donated the oldest names and most prestigious in bur- come a priest. over $47,000 worth of automobiles for the Old gundy. The completion of 200 years of history On July 7, 1957, Father Kavadas was or- Neighborhood Italian American Club Christ- without an unbroken line from father to son is dained to the priesthood. At age 25, he be- mas Raffles. The donations that they have something exceptional. I wish you the best on came the pastor of St. George Greek Ortho- made have funded the Annual Anti Drug and this remarkable occasion and know that you dox Cathedral of Manchester, NH. In 1977, Alcohol Seminars which are held every year will continue to make the wine industry proud Father Kavadas moved to St. Clair Shores for participating school children in third for generations to come. where he became the pastor of Assumption through eighth grades. Additionally the Rizza f Greek Orthodox Church. family donations have funded the annual AN AMERICAN MUSICAL SALUTE Over the past 40 years, Father Kavadas has breakfast with Santa. Finally the Rizza family DEERFIELD BEACH HIGH SCHOOL been a leader in the orthodox faith through in- has made donations of computers, software, BAND volvement in the department of Religious Edu- and other school related items to their commu- cation of the Archdiocese, member of the Di- nity. HON. ALCEE L. HASTINGS ocesan Spiritual Court, vice president of the Mr. Speaker, in today's world we don't very OF FLORIDA National Presbyters, and the list goes on and often hear of such a giving, community ori- IN THE HOUSE OF REPRESENTATIVES on. He is a kind pastor who has been a dedi- ented family as the Rizzas. They truly exem- cated writer, spiritual leader, and educator. plify what all that is good in my district. I wish Tuesday, June 3, 1997 Throughout the years, Father Kavadas has the Rizza family all the best and hope that Mr. HASTINGS of Florida. Mr. Speaker, I touched the lives of many people. He has pro- they continue their benevolent values. rise to recognize the accomplishments and E1088 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 1997 achievements of the Deerfield Beach High CONCURRENT RESOLUTION ON ward ultimately having Congress pass annual School Concert and Jazz Band. Under the di- THE BUDGET, FISCAL YEAR 1998 balanced budgets. It is therefore an important rection and guidance of Mr. Dean Calmer and first step in finally eliminating annual deficits with the assistance of Deerfield Beach High SPEECH OF and moving Congress towards a reduction of principal, Dr. Joe Melita, these young people HON. HARRIS W. FAWELL our Nation's large national debt. I therefore have illustrated skill accompanied by an OF ILLINOIS urge Members to join in support of the biparti- unyielding work ethic and commitment. As a IN THE HOUSE OF REPRESENTATIVES san budget agreement. result of their perseverance, the Deerfield High f Band became the only musicians selected Tuesday, May 20, 1997 from the State of Florida to participate in the TRIBUTE TO THE BEACHWOOD The House in Committee of the Whole BOROUGH VOLUNTEER FIRE CO. ``American Musical Salute to DC'' which com- House on the State of the Union had under memorated the 75th anniversary of the dedi- consideration the concurrent resolution (H. NO. 1 ON THEIR 75TH ANNIVER- cation of the Lincoln Memorial. The band Con Res. 84) establishing the Congressional SARY preformed superbly and represented the State budget for the U.S. Government for the fiscal of Florida in an honorable fashion. Mr. Speak- year 1998 and setting forth appropriate budg- HON. JIM SAXTON etary levels for fiscal years 1999, 2000, 2001, er, I ask my colleagues to join me in recogniz- OF NEW JERSEY and 2002: ing the achievements of the Deerfield Beach IN THE HOUSE OF REPRESENTATIVES Mr. FAWELL. Mr. Chairman, I rise in strong Concert and Jazz Band, and the young people Tuesday, June 3, 1997 involved who in an era of violence and dispar- support of the balanced budget agreement, ity have still managed to remain focused and embodied in the budget resolution. For the Mr. SAXTON. Mr. Speaker, on June 7, as a result make beautiful music. first time since I came to Congress, in fact for 1997, the Beachwood Borough Volunteer Fire the first time since 1969, we shall hopefully Company No. 1 will celebrate its 75th anniver- f balance the Federal budget under a 5-year sary. plan. While I would prefer a balanced budget Beachwood, NJ, established in 1917, is a HONORING THE LITTLE HAITI for fiscal year 1998, nevertheless this is a sleepy hamlet located on the Toms River far HOUSING ASSOCIATION, INC. blueprint which if followed by subsequent Con- removed from the hustle and bustle of the Jer- gresses and the President, will finally result in sey Shore tourist area. The residents of HON. CARRIE P. MEEK a balanced budget in 2002. This agreement Beachwood have a long history of being OF FLORIDA also provides for significant tax relief that will friendly, open, and giving to those in need IN THE HOUSE OF REPRESENTATIVES allow working Americans to keep more of their within their community. Nothing exemplifies hard earned dollars and it takes significant Tuesday, June 3, 1997 this more than the volunteers who have given steps to restrain the growth of entitlement their time to help Beachwood fight fires within Mrs. MEEK of Florida. Mr. Speaker, I rise to spending. Of particular importance, it will in- the town. congratulate Little Haiti Housing Association, sure that Medicare will remain solvent for an- Firefighters serve a unique and extremely Inc. [LHHA], for its receipt of the Maxwell other 10 years. important role in our society. Many of us take Award of Excellence from the Fannie Mae The budget compromise we consider today the duties performed by volunteer firefighters Foundation. Mr. David Harder, executive direc- is, however, by definition imperfect. It was for granted. Each day, these individuals put tor of LHHA accepted the award Tuesday, achieved through laborious and lengthy nego- their lives at risk in order to protect the public May 20, during the foundation's ninth annual tiations that were conducted by congressional from tragedy. awards ceremony. leaders and the President. Both sides made What is unique about volunteer firefighters The Fannie Mae Foundation recognized compromises and had to give up points that is that they protect us without any financial LHHA for its scattered site home ownership were of great importance to them. I for one compensation. Across the country, almost 90 project which is a model for the Nation. The would have liked to see greater efforts at re- percent of the firefighters are volunteers. program renovates abandoned houses that forming entitlements and deficit reduction. These volunteers spend many hours away have become havens for drug dealers and re- However, the nature of compromise requires from their families and jobs in order to protect develops vacant lots used as trash dumps. that both sides give up goals that they value us and our families. They do not fight fires for Between July 1995 and June 1996, the project highly, in order to achieve something of even financial rewards. They fight fires for the love successfully renovated 10 homes and built 1 greater value. The road to a balanced budget of their community. new home. Since the project's inception in agreement is unquestionably of such great It is for this reason, Mr. Speaker, on behalf 1987, LHHA's dedicated workers renovated or value. of the residents of Beachwood, I would like to built 48 homes, thus enabling 48 families to Tinkering with the terms of the agreement thank the brave volunteers of the Beachwood become homeowners. may potentially cause the entire budget deal Borough Volunteer Fire Company No. 1 for Mr. Harder regards LHHA as more than a to collapse. An amendment offered by Con- their service to their community and congratu- housing program; it is, ``a tool to restore stabil- gressman SHUSTER, which would designate late them on their 75th anniversary. ity in communities.'' LHHA's contribution to that moneys taken from the transportation f that philosophy is illustrated by the array of trust fund should go towards increased trans- services offered to homeowners and persons portation spending, is basically sound. But it RECOGNIZING MICHAEL T. qualifying for home ownership. would upset the carefully balanced terms that GONZALES ON THE OCCASION OF LHHA designs services and programs to were agreed to by congressional leaders and HIS RETIREMENT AFTER 30 strengthen members of the Dade community. the President. I do oppose the practice of YEARS OF DEDICATED SERVICE Home buyers complete the association's 8- using taxes levied for an express purposeÐ TO THE MONTEBELLO POLICE week home ownership training program. such as taxes levied for transportation pur- DEPARTMENT Classes are offered in Haitian-Creole, Span- posesÐfor uses other than the purpose for ish, and English. LHHA also offers classes in which such taxes were levied. In this case HON. ESTEBAN EDWARD TORRES English for Speakers of Other Languages; however, I reluctantly oppose the Shuster OF CALIFORNIA post-purchase counseling; the banking sys- amendment, which would disrupt the carefully IN THE HOUSE OF REPRESENTATIVES tem; citizenship preparation; and job skills negotiated terms of the budget agreement, po- training. tentially leading to the collapse of the entire Tuesday, June 3, 1997 Mr. Speaker, I applaud the work of Execu- agreement. The amendment also would take Mr. TORRES. Mr. Speaker, I rise today to tive Director Harder and his team, Jules moneys from education, defense and other im- recognize Montebello Police Captain Michael LaBossiere, president of the board of directors portant spending priorities. If adopted, the T. Gonzales on the occasion of his retirement and Jacques Saint-Louis, assistant director. Shuster amendment would have reduced de- after 30 years of dedicated service to the com- Their tireless efforts to provide safe affordable fense spending by $5.65 billion, education by munity of Montebello. housing to this community in Dade County is $980 million, criminal justice by $510 million Captain Gonzales was born in Los Angeles, much appreciated. Little Haiti Housing Asso- and housing and child health programs by CA, and attended St. Alphonsus Elementary ciation, Inc., sends a strong message to drug $860 million. School, Eastmont Junior High School, and dealers and others, that we will take our com- While it is not perfect, the balanced budget Montebello High School. He earned his bach- munities back. agreement represents an important step to- elor's degree in public administration from the June 3, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1089 University of La Verne, and began his career also dedicated their services to broader re- education, encouraging young people to in- in law enforcement with the Montebello Police gions. Faith has been deeply involved with the vest in their future by preparing for college Department on July 24, 1967, as a police offi- Anti-Defamation League serving as president and exciting career opportunities. I com- mend the program’s supporters for your dedi- cer. He quickly rose through the ranks, be- of the Pacific Southwest Regional Board and cation to helping young people fulfill their coming sergeant on January 1, 1974, as- as president of the Women's Division. Jon has dreams, and I wish the scholarship recipients signed to the Training Unit; lieutenant in the also served the greater community through his every happiness and success. Patrol Division on March 24, 1987, captain on work on the Boards of Valley Beth Shalom BILL CLINTON. December 18, 1988; and served as bureau Synagogue and the Pacific Southwest Region commander for both the Support Services Di- of the Anti-Defamation League. vision and Field Services Division. U.S. DEPARTMENT OF EDUCATION, As Faith and Jon's Congressman I am Washington, DC, May 18, 1997. Through his guidance and leadership, Cap- deeply honored to recognize them for their To the Participants in the American Dream tain Gonzales was instrumental in the forma- dedication to our community. I congratulate Challenge, Fall River, MA. tion and implementation of the department's them on their successes thus far and wish It is a pleasure to greet the students par- explorer program in 1971. He also served as them luck in the future. ticipating in the Fall River American Dream coordinator for the Montebello police reserve Challenge. I am grateful for this opportunity f officer program from 1977 through 1987, and to emphasize to you how important it is that as a member of the advisory committee of the AMERICAN DREAM CHALLENGE you meet the challenge by staying in school Commission on Peace Officer Standards and AWARDS and striving for excellence. Training [POST] since 1979. Throughout his As President Clinton has said, ‘‘The fight career, he has represented the California As- for education is the fight for the American sociation of Police Training Officers with dis- HON. JAMES P. McGOVERN Dream.’’ Through your academic efforts, you tinction, and has demonstrated leadership and OF MASSACHUSETTS are working toward realizing that dream for yourselves. As I hope you have discovered, diligence in his service as chairman of the IN THE HOUSE OF REPRESENTATIVES although you may face many obstacles in POST Advisory Committee. Additionally, he Tuesday, June 3, 1997 your achievement of that dream, you may served as State and local president for the overcome those obstacles through hard work California Association of Police Training Offi- Mr. McGOVERN. Mr. Speaker, Dr. Irving A. and dedication. cers, and as a member of the Hispanic Amer- Fradkin and the Committee of the Citizens As our world becomes more complicated ican Police Command Officer's Association, Scholarship Foundation of Fall River, MA, and our economy more competitive, edu- the Boy Scouts of America's Exploring Pro- have initiated and nurtured an educational cation becomes more and more important. I gram, and was executive vice president of the movement that has benefited children not only commend you for resolving to stay in school, California Asian Peace Officer's Association. in my own Third Congressional District of stay out of trouble and work hard to excel Captain Gonzales has received numerous Massachusetts, but throughout the country. By academically. However, education today awards and commendations throughout his working with individuals and businesses in a must not end with high school graduation. The constantly changing demands of new distinguished career in Montebello law en- community, scholarships are presented to chil- technologies and of the world economy mean forcement. He is a role model for our commu- dren that will motivate and enable them to go that for today’s citizens education must be a nity, and serves as a model officer for his col- to college. These children, who are students in lifelong endeavor. I hope that you will use leagues in law enforcement. I proudly ask my elementary school, promise to adhere to good your scholarships to continue your studies colleagues to join me in honoring Montebello behavior and high scholarship. They take a after your graduate. Police Captain Michael T. Gonzales as he re- pledge to do their best in school and to take America is counting on each of you to tires from 30 years of dedicated service to the advantage of the opportunities of a good edu- make a special contribution to our nation. Montebello community. cation. They promise to respect their class- By being here today, you have taken an im- portant step toward making this contribu- f mates and teachers and to learn about and appreciate different religious and ethnic back- tion. I commend you for setting your sights high and wish you all the best as you strive A TRIBUTE TO FAITH AND grounds. They pledge to stay away from JONATHAN COOKLER to reach the goals you have set for your- drugs, violence, and weapons of any kind. selves. They volunteer to perform service in their RICHARD W. RILEY. HON. BRAD SHERMAN communities and to be caring and responsible OF CALIFORNIA young citizens. Certainly these are the actions THE SECRETARY OF HEALTH AND IN THE HOUSE OF REPRESENTATIVES and values we would like to instill in our chil- HUMAN SERVICES, Tuesday, June 3, 1997 dren. Washington, DC, April 3, 1996. I would like to enter into the RECORD letters Dr. IRVING FRADKIN, Mr. SHERMAN. Mr. Speaker, it is with great of commendation from President Clinton and American Dream Challenge, pleasure that I rise today to honor an extraor- Secretaries Riley and Shalala praising the Fall River, MA. dinary couple who has given an abundant American Dream Challenge Scholarship Pro- DEAR DR. FRADKIN: I appreciated receiving amount of their precious time and energy to gram. I am also pleased to include essays information about the American Dream Challenge Program. As you know, the edu- forwarding the ideals of community service from elementary school children who live in and education. I join our community in honor- cation of our youth is of great concern to the southern part of my congressional district me, especially as we look at new ways to ing Faith and Jonathan Cookler. and who are participants in this program. They Faith and Jon have dedicated themselves to break the cycle of poverty and give our chil- have written about how education has shaped dren a strong foundation for the future. the preservation of Jewish ethics and family their dreams of the future and I believe their I commend the efforts of your program to values. They have served Abraham Joshua words should inspire as all. motivate and inspire our youth and provide Heschel Day School in many capacities pro- THE WHITE HOUSE, them the opportunity to participate in high- moting Judaic education in a community Washington, January 3, 1996. er education. Also, I commend the students school setting. In doing so they have strength- Dr. IRVING FRADKIN, who participate in the program. Their com- ened our community's values at its roots. American Dream Challenges, Citizens Scholar- mitment to excellence and their achieve- Zohar wrote in the Talmud that ``Each man ship Foundation of America, Fall River, MA ments in this program surely will inspire should aid his fellow man according to his tal- I am delighted to commend the partici- other young people. ent.'' The Cookler's exemplify this ideal by pants and supporters of the American Dream The Fall River Chapter of the Citizens promoting Jewish values through their own Challenge scholarship program. Scholarship Foundation has a long-standing strengths. Jon serves as the capital funds Education is one of the most effective tools track record of helping young people finance vice-president utilizing his financial and fund- that individuals can use to create a brighter their education. Initiatives like the Amer- tomorrow for themselves and for our nation. ican Dream Challenge program reflect the raising expertise while Faith serves as the ex- By studying hard and working to improve commitment of the organizers to education, ecutive vice-president employing her organiza- their school communities, young Americans and promoting access and excellence in edu- tional talents, each serving the community in can look forward to the time when their gen- cation. his or her own unique way. eration will help to lead this country. My best wishes for your continued success. In addition to supporting Jewish foundations Initiatives like the American Dream Chal- Sincerely, in the local community, Faith and Jon have lenge emphasize the importance of a good DONNA E. SHALALA. E1090 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 1997 [From Fowler Elementary School; Feb. 14, start now, who knows where I could be 10 Recently the Forum heard a presentation 1997] years from now. from Mr. J. Lawrence Wilson, the chairman WHAT MY FUTURE WILL BE LIKE After I finish college, I want to join the and CEO of Rhom and Haas Co. and the (By Alicia Fernandes) World Peace Conference. That is my life long dream. President William Clinton has in- chairman of the Chemical Manufacturers As- In the future I would like to become a Pe- spired me the most. If I am chosen to join sociation on international trade and the chemi- diatrician. I would like to do that because I the World Peace Conference, I shall help the cal industry. Mr. Wilson points out that since enjoy working with children. world stop fighting, and learn to help one an- 1993 chemicals have been the largest U.S. When I get older I am going to try my best other. export sector and that exports have doubled in to get through high school successfully. Also, I have a back up plan. If I am not the past 5 years to more than $60 billion. When I graduate I would like to go to Har- elected to the World Peace Conference, I’ll Today, 1 out of every 10 U.S. export dollars vard or Yale. I was even considering going to become a veterinarian; so if I can’t help out a university in Florida. When I go to college earned comes from chemical sales. Every bil- people, I’ll help out animals. This way I shall lion dollars in export sales creates or pre- I am going to become a Pediatrician. be happy. I’ll always try my best. Nothing I am going to be smart. I am going to keep will stop me. I’ll never do drugs, smoke, or serves 4,000 jobs. Access to the markets of my head clear. I will not smoke, drink, or do do anything that will harm my body. This Asia and Latin America are key to this indus- drugs. Also, I will not ruin my education by way I will be safe from harm. try's future and renewal of ``fast track'' author- having children while I am still in high If I ever inherit money, I’ll make sure to ity is a competitive necessity. school. I will have a good education, good donate it all to poor, homeless people, sick I am entering Larry's speech in today's job, before I have children. I will have chil- animals, and charity, this way the money CONGRESSIONAL RECORD and encourage Mem- dren when I have a good job, a good edu- will not go to waste. I’ll never give up. I’ll be cation, when I am settled down and ready to bers of Congress, particularly those with sub- strong and carry on. My dream for peace, stantial chemical employment in their districts', support myself plus a child. fairness and equality will never die, neither Until then I’m going to go to school to get to read the speech. shall my hope, or spirit. a good education and have a good life. I am INTERNATIONAL TRADE—WORKING HARD TO not going to make the mistakes some people STAY AHEAD OF THE GAME make. I don’t want to throw my life away, I HOW EDUCATION CAN HELP ME MAKE A I’m pleased to be here this afternoon be- want to be able to get up everyday to go to DIFFERENCE cause it gives me another opportunity to high school without having to call a baby (By Natalie Moore, Grade 6, Atlantis Charter talk about my favorite subject—the U.S. sitter. I want to have a good educational life School, Fall River, MA) chemical industry. and I will because I am setting my mind to I’m a child of the future generation of Those here today already know about the it. While I am writing this I am thinking adults and if I don’t get an education I can’t contribution this industry makes to the U.S. about my future, me and all my friends help change the world and the bad things in economy—and to the world economy, for standing on a stage in our caps and gowns it. that matter: while the principal of our school gives a I want to be like Martin Luther King, Jr. The chemical industry: Provides essential speech and then he says it ‘‘The Class of or Chico Mendes and make a difference; not building-block products used by every sector 2993’’ then there is a big round of applause necessarily the same way as them, but in my of the manufacturing economy, and by most and we receive our diplomas and a few own way. I want to be a judge when I get of the service economy; is high-tech and months later I’m packing my bags for col- older. I want to take the people selling internationally competitive; provides high- lege. drugs, and murderers, off the street. I want paying, stable jobs; is a multi-billion dollar As I think to myself I did it! I am so proud! to stop the violence and abuse in and outside sponsor of research and development; and is of homes. But if I don’t have an education a leader in health, safety and environmental HOW I CAN USE MY EDUCATION TO MAKE A this won’t happen, because it takes a lot of protection. And this business is so dynamic that the BETTER AMERICA studying, hard work—and I’ll have to go to school. chemical industry of today did not even exist (By Andrea M. Dias, 4th grade, Doriare 20 years ago. School) So many children are so scared of what’s going to happen to them when they go home All of this is no surprise to you—but these The people today that are lawyers, teach- from school, or who they are going to fight, facts are surprising to many of your col- ers, sales people, doctor, and other jobs. The that they don’t pay attention in school. And leagues who are not here today. In my expe- only way them people achieved there goals is that’s sad because if they grow up with abuse rience, I’ve found some congressional rep- because they went threw elementary school, and violence then that will be what their resentatives regard the chemical industry as middle school, high school and collage. They children grow up with and this world won’t ‘‘ancient.’’ Perhaps even ‘‘outdated.’’ Some worked hard and stuff and got a great edu- change. I want that to be something that even regard us as a bargaining chip to be cation. Also an education doesn’t only make will change, so I am going to go to school used in the international trade wars. you achieve your goals and make you smart That’s why I’m so pleased that Congress- and try to influence as many other people to but also makes you a better and kind person. man Tom DeLay of Texas and Congressman go to school. And when I get older I WILL There are also people today who dropped out John Tanner of Tennessee have taken leader- make the biggest difference I can. of school and did get an education and now ship roles in this Forum—and that you all those people regret and think about what a f have demonstrated your interest and support bad desision they made, thats why some of of the chemical industry by taking the time them went back to school and tried to get an FOSTERING A BETTER UNDER- to come today. On a personal note, I would education. So if your still a kid like me and STANDING OF THE CHEMICAL IN- like to acknowledge that both men represent you have a goal dream. One of the ways DUSTRY states where some of Rohm and Hass Compa- you’ll get it is if you have an education. So ny’s largest facilities are located. I’ll tell you right now! Believe in your Congressman DeLay has the added distinc- dream, go for it! If your not that good at HON. TOM DeLAY tion of having both personal and business ex- school and you want to get a good education OF TEXAS perience in the chemical industry. then just keep on trying and trying until you IN THE HOUSE OF REPRESENTATIVES INTERNATIONAL TRADE get better and better. Say your goal was to Tuesday, June 3, 1997 The chemical industry is the nation’s most be a teacher and you achieved it. You won’t powerful, most successful international com- only get an education you’ll be helping Mr. DELAY. Mr. Speaker, my colleague, petitor. Ten years ago, exports accounted for someone else get a education and achieved JOHN TANNER and I serve as the chair and 10 percent of our total shipments. Today, there goals and you’ll be proud of your self vice chair of the Advisory Committee to the that number stands at a little over 16 per- for what you have done. Just remember the Chemistry and Technology Forum. The Chem- cent. Exports are beginning to drive our people who achieved there goals they have a istry and Technology Forum was recently es- growth. education. Don’t give up. I know you can get Many people believe the global economy is an education. Because if I can try you can tablished to foster a better understanding of entering a new Golden Age. Jeffery Sachs, try too. Go and achieve your goal!!! the chemical industry among the general pub- the noted Harvard economist, recently said lic and public officials. The Forum sponsors we have reached an important historical mo- events and produces studies intended to im- ment in time. He says global economic WHAT I WANT TO BE WHEN I GROW UP. prove the quality and quantity of information growth ‘‘will raise the living standards of (By Meghan Bissonnette, 6th Grade, Healy more people, in more parts of the world than School) on industry issues available to the public and the Government. In doing so, the Forum be- in any prior time in history.’’ Today I’m young, a few more tomorrows Some economists are predicting world and I will be going off to college. I must lieves that it will encourage the development growth rates will average an astounding 4 start thinking of what I want to do with my of sound public policy and debate on the is- percent a year for the next 20 years. life. Many other children may not care, but sues affecting the industry and the public it I’m proud to say that American companies I do, I think this is important. If I don’t serves. are leading the way. Bill Lewis, CEO of the June 3, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1091 respected McKinsey Company, says, ‘‘U.S. dent to negotiate future trade agreements. ception, the Gazette was a modest, 12 page firms have developed the best practices over Expansion of free trade agreements in which weekly community newspaper. Today, the Ga- the greatest range of industries.’’ This is cer- the U.S. is a partner is a competitive neces- zette averages 80 pages weekly with a cir- tainly true of the U.S. chemical industry! sity! The U.S. is the world’s largest producer of This is especially true in Latin America. culation of close to 100,000 for a single edi- chemicals, accounting for almost one-fourth Having seen the benefits of free trade tion. of total world chemical production. sparked by NAFTA, Latin American coun- Under the direction of its Publisher/Editor Chemical exports have doubled in the past tries are moving quickly and aggressively to Tony Barsamian who has owned the Gazette five years to more than $60 billion. form strong regional pacts. These include since 1990, the paper has expanded the geo- One out of every ten U.S. export dollars MERCOSUR, which includes the Southern earned comes from chemical sales. graphic region it serves as well as its news Cone countries led by Brazil, and the Andean features. The Gazette now serves the Queens And, since 1993, chemicals have been the Pact, which includes the East, Central and largest U.S. export sector, running ahead of Northern Tier of South America. neighborhoods of Astoria, Ditmars, Dutch Kills, agriculture and far ahead of the aircraft in- Yet we also see another trend developing— East Elmhurst, Hunters Point, Sunnyside, dustry. one that is somewhat alarming. The Latin Woodside, Laguardia Airport, Long Island City, Exports create American jobs. In 1986, the American regional pacts I just mentioned Jackson Heights, North Corona, Ravenswood, chemical industry employed 1.02 million peo- are forming agreements and having discus- Roosevelt Island, Steinway, East Flushing, ple. In 1996, the number stood at 1.04 mil- sions with Europe and Japan. All of this can lion—in jobs that wages that are one-third and Bayside. and will lead to preferential trading status In New York City, the media capital of the higher than the average wages for all of for these countries—more preferential than manufacturing. In a time of downsizing and U.S. status. world, there is a wide variety of news outlets restructuring, and of maturing markets in Here’s just one example of what this can for New Yorkers to choose from. However, to the developed world, the U.S. chemical in- mean to the bottom line from my own com- get quality, local community-based reporting dustry has preserved and strengthened high- pany, Rohm and Haas. If MERCOSUR enters residents of Queens turn to the weekly pages paying, high-tech jobs for more than a mil- into a free trade with the European Commu- of the Western Queens Gazette. The Gazette lion people. nity, monomer exports from our plant in The ability to compete internationally has covers the important issues facing residents of Houston, Texas will be taxed at a 14 percent Queens on the national, state, and city level been critical to our success. It’s likely rate of duty. Product coming to Latin Amer- you’ve heard this statistic before, but it re- ican from European-based companies will be with a particular focus on neighborhood news. mains true: Every billion dollars in export taxed at duty rates of between 0 and 2 per- The Gazette brings attention to the neighbor- sales creates or preserves 4,000 jobs. hood news that is often overlooked by the And the U.S. chemical industry has not cent. At that point, the options for Rohm sealed itself off from international competi- and Haas will be limited—either lose cus- daily newspapers. tion or opportunity. Quite the contrary—we tomers or be forced to build a brand-new The Gazette has regular weekly news fea- are active players in every part of the globe. plant within the Latin American free trade tures including community reporting, insightful Three years ago, 201 U.S. chemical compa- zones. Can you imagine what impact that editorials, op-ed pages, a religious column, nies operated a total of 3,050 foreign affili- might have on the economic health of our political profiles, the local police blotter, sports, ates. These foreign investments create de- existing world-scale production facilities in the United States? community calendars dining and entertainment mand—and pipeline—for U.S. technology and The U.S. cannot afford to sit on the side- reviews, legal notices, and complete classified products. And the sales made by these affili- lines! We must have Fast Track trade nego- ads. ates help underwrite the research and devel- tiating authority. In their own words, the Western Queens opment necessary to continually renew and strengthen U.S. competitiveness. THANK YOU FOR YOUR SUPPORT AND Gazette is ``Dedicated to bringing our readers ENCOURAGEMENT MAINTAINING OUR NUMBER ONE POSITION a vital locally oriented view of the News.'' In- Many chemical companies have restruc- Every developing nation wants to build its deed, the Gazette effectively brings this local tured in order to compete. In fact, it’s fair to own chemical industry—to support their view of the news to their readers every week say that this industry has been through a growing manufacturing industries, to add of the year. The Gazette is community report- decade-long makeover. We have taken the value to their raw materials and to create a ing of neighborhood news at its very best. steps needed to become a force a global mar- technology base that will improve the qual- kets. Mr. Speaker, I know my colleagues join me ity of life for citizens today and in the fu- The legislative and regulatory process, in congratulating Tony Barsamian and every- ture. along with our conduct of foreign affairs, one associated with the Western Queens Ga- These nations will move to meet these must keep pace in order to help U.S. busi- needs—with or without the U.S. chemical in- zette on the joyous occasion of its 15th anni- nesses maintain their number one, leading dustry. Today’s chemical industry is global, versary of publication. position. That means that government must and there are plenty of competitors from Eu- f be knowledgeable, nimble and involved in rope and Japan who will compete with us to the international arena. NATO EXPANSION CANNOT BE establish footholds in these developing coun- There will be some companies—and some tries. LIMITED The U.S. chemical industry today is vi- nations—who will be forced to drop out of brant and strong—but success is not a given. this race because they cannot compete. I can HON. GERALD B.H. SOLOMON Our ability to succeed must be nurtured and tell you that we in the chemical industry are encouraged. The competitive environment working hard to stay at the top. We won’t let OF NEW YORK gets tougher, while the margin for error gets up. You can help by shaping our country’s IN THE HOUSE OF REPRESENTATIVES smaller. In the past, companies might have international and trade agenda. We are ready to work with you toward that end. Tuesday, June 3, 1997 been free to raise prices to cover miscalcula- You can tell by my accent, that I was tions, or could have relied on their reputa- Mr. SOLOMON. Mr. Speaker, I have just re- raised in the South. I also was raised to be turned with the U.S. congressional delegation tion to become the sole source supplier—but polite and to say thank you when you have no longer. asked someone to join with you in complet- led by Congressman DOUG BEREUTER from at- The old markets—the developed world of tending a meeting of the North Atlantic As- Europe and Japan—are where we cut our ing a task. So today I say ‘‘thank you’’ on behalf of sembly, the parliamentary arm of the NATO trading teeth and built trade surpluses. But the U.S. chemical industry—for what many they are not the growth markets of the fu- alliance, that took place over the just con- of you have already done—and for the ac- ture. cluded congressional recess. There we dis- Asia and Latin America are our future. tions you will take to help us remain a vi- cussed with parliamentary representatives Why? Because within these regions, 11 coun- brant, growing, dynamic part of this econ- from all of our allied countries the need to en- omy and this country. tries hold more than two-thirds of the large NATO in order to ensure its continued world’s population. And these economies are f success without drawing any lines that would growing at astounding rates—double or tri- exclude additional countries from future en- ple the economic rates of the U.S.—and they THE 15TH ANNIVERSARY OF THE will continue at these rates for the foresee- WESTERN QUEENS GAZETTE largement. In fact, Mr. Speaker, if and when able future! Yet today, just 13 percent of the any of the former Communist and Soviet total chemical industry investment abroad is HON. THOMAS J. MANTON dominated countries meet the criteria to be- located in these countries. come eligible for NATO, which include irre- OF NEW YORK AN AGENDA FOR ACTION versible democracy, a commitment to free IN THE HOUSE OF REPRESENTATIVES These growth markets also are the very market principles and the rule of law, respect same markets that have the highest degree Tuesday, June 3, 1997 for human rights and liberties, and a military of protectionism in the form of tariff and Mr. MANTON. Mr. Speaker, I rise today to that's interoperable with NATO forces, they non-tariff barriers. The U.S. has done a great recognize the 15th anniversary of the Western should be extended an invitation for full and job of tearing down trade barriers and Queens Gazette, a weekly community news- open membership in the alliance. unlocking closed economies—but we still have more to do if we are to level the inter- paper that serves Queens County, in the State In that vain, Mr. Speaker, I would like to national playing field. We need your help. of New York. draw your attention to the remarks delivered For starters, we need Congress to renew Mr. Speaker, the first edition of the Gazette by Congressman BEREUTER at the plenary ‘‘Fast Track’’ authority to allow the Presi- was published on January 27, 1982. At its in- session of the North Atlantic Assembly. His E1092 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 1997 comments are right on the mark in emphasiz- last week between NATO and Russia at the nia and we have no big ethnic constituency ing that the first tranche of NATO enlarge- very dawn of NATO expansion suggest that it in our country as we do in the cases of Po- ment, with invitations set to go out to a hand- may bring us increasingly together for even land or the Czech Republic. more understanding, cooperation and trust. Because my time is brief I will in capsule ful of countries this summer at the Madrid Rather than the dire results predicted in form list only a few special reasons for Slo- Summit, can in no way close the door on invi- Russia if NATO expands, it well could be the venian membership: tations to other countries. I have said and dawn of a new and better day. 1. First and foremost, again, they meet the stand by my assertion that should we exclude Of course, the decision on which countries membership criteria—perhaps better than those countries who miss the first round of en- will be in the first wave of expansion must be any other candidate. largement, NATO will fail. I urge you and all followed by the unanimous ratification in 2.While the costs of enlargement will be a Members of the House and the Senate to our sixteen NATO countries. The debate in factor in ratification debates in NATO coun- our parliamentary bodies and nations will tries, Slovenia has the financial capacity and carefully read Congressman BEREUTER'S probably have heightened fervor as the re- commitment to meet its military costs— speech, the rationale for continued enlarge- ality of action is in sight. Arguments about again better than any other candidate. ment, continued peace and prosperity in Eu- the costs of expansion to NATO countries 3. Slovenia has never been and will not be rope, is laid out in crystal clear terms. will certainly rage, especially in light of the considered by Russia to be a threat against exaggerated and erroneous assumptions NAA PLENARY STATEMENT BY REP. DOUG it—it’s membership will be an example or made by those who do not understand that BEREUTER, JUNE 1, 1997 proof that NATO expansion is not simply the same infrastructure, nuclear weapons de- hostility directed at Russia. It’s acceptance Mr. President, North Atlantic Assembly ployment, and out-of-country military de- colleagues, we can say with conviction and by NATO will only recognize as one nation’s ployment of NATO troops we find in the cur- effort to enhance its security against any satisfaction that the argumentation about rent NATO ‘‘front-line states’’ are not need- whether NATO will expand is behind us. Now threat by joining the Alliance. (A NATO ex- ed in the new NATO countries. pansion won’t be seen as a finger pointed the questions indeed are who and how. In less But, then after the budget issues are raised against Russia, but an open hand that it can than forty days, at the July 8–9 summit in in America and in every other NATO coun- grasp.) Madrid, NATO will invite several countries— try, the crucial item of debate and the an- 4. Slovenia’s admission on the merits of its probably between three to five—to launch swer demanded by our respective constitu- case and not as part of any grand ‘‘horse- accession negotiations with NATO. As the ents will, as one respected American Demo- trading scheme, bargaining chip,’’ or ‘‘politi- Just-Goss report of the Political Committee cratic Senator said, be this plaintive ques- cal quid pro quo’’ will reassure all applicants notes, ‘‘five countries seem to be on a short tion: ‘‘Congressman, why are you willing to and would-be applicants that their cases will list of possible invitees (the Czech Republic, send my son (or my husband) to protect Po- be decided by the Alliance on the merits—by Hungary, Poland, Romania, and Solvenia)’’, land?’’ His answer was this: ‘‘Madam, taking objective standards. but another eight countries regard them- Poland into NATO makes it less likely, not 5. Slovenia’s admission will serve as an in- selves as candidates. Undoubtedly there will more likely, that your son will fight and die centive for action and a model to follow for be more. in a conflict on the Polish border.’’ I agree! the now independent parts of what was Yugo- At Yalta lines were drawn across the face That is the argument all of us in the NATO slavia, and indeed for all of the countries of of Europe which have lasted more than fifty 16 must and can make. the Balkans or southeastern Europe. years. In a different way they still do exist. Finally, and on a much different level of 6. Finally, at a time when NATO is faced My colleagues, by our actions we must say: specificity, I feel compelled to advance to with a terrible dilemma in Bosnia, recent no more lines—never again. We must seize case of first-round membership in NATO for and perhaps prospective combatants in Cro- the opportunity to bring those countries east Slovenia even though the Madrid Summit is atia and Serbia, with potential threats to and southeast of the NATO alliance coun- fast approaching. The ‘‘Visegrad three’’ seem Macedonia, and with Albanian ethnic dif- tries to join in our collective defense alli- a cinch for membership and Romania is ficulties stretching from Kosovo to Albania ance when they qualify. If we assure, as we pressing its case very aggressively, with itself, Slovenia as a NATO member would be must, that the first countries offered NATO vocal support among one or more countries a good source of counsel, and potentially of membership are not the last and that other and among numerous organizations, experts, mediation, in those grave controversies. qualified countries’ NATO membership are and opinion leaders. Because Slovenia has My colleagues, that is the short list of rea- not unduly delayed. Then we do not replace until recently been almost entirely forgot- sons why it must not be too late to wake up the infamous Yalta lines with new ones. ten, and nearly unknown in my country, be- to Slovenia’s case for first-round NATO Under an open-door, dynamic expansion pro- cause its independent status dates only back membership—strictly on the merits of its cedure there are no new lines drawn between to 1990, because its military formation and case and because of the advantage of NATO Russia and NATO—not even lines excluding modernization was delayed by the arms em- itself. Our House delegation will make its Russia itself. The Baltic nations, Ukraine, bargo for the Bosnia conflict, and because case to our colleagues in Congress and to the and other countries will not be neglected for the U.S. Senate leadership added Slovenia to Clinton administration. We strenuously urge NATO membership. The door to membership the list of the ‘‘Visegrad three’’ countries all of your to consider and make this case, is open to one and all. The unprecedented after earlier House action, I took ten of my too, in your own respective countries. Slove- fifty-two years of European peace can be ex- House colleagues to Slovenia on week ago for nia deserves first-round membership and it tended in time and eventually all across the several days of intensive examination of has a unique position and circumstances to face of Europe. And by mutually beneficial their case. and selfless action the Europeans can and (We also visited the country temporarily strengthen NATO now! should supplement our NATO protective um- known in some international organizations f brella by offering these new NATO members as the Former Yugoslav Republic of Macedo- full membership in the European Union as nia, or Macedonia as they prefer. They too CONGRATULATING EAGLE SCOUT soon as possible. The NATO security blanket strong desire NATO membership and they AARON JAMES MYERS and the economic integration through the are energetically seeking to meet the cri- EU together are the lasting answers to the teria. We note with satisfaction their quest for peace and prosperity in Europe. It progress and praise their commitment and HON. GEORGE W. GEKAS is also the way to contain, it not eliminate, determination.) OF PENNSYLVANIA the ethnic, social, religious, and national However, on the case of Slovenia, my col- IN THE HOUSE OF REPRESENTATIVES animosities that so tragically scar our civili- leagues in the Assembly, I speak for the en- zation. Another Bosnia, or another Holo- thusiastic and unanimous or near-unanimous Tuesday, June 3, 1997 caust, need not happen! view of my House delegation colleagues— Mr. GEKAS. Mr. Speaker, it gives me great Indeed we citizens of NATO countries have Slovenia deserves first-round membership in pleasure to join with so many others in con- reason to take pride and great satisfaction NATO. Indeed an objective examination of that the criteria we have established for PFP the Slovenians case would probably show gratulating Aaron James Myers for his and NATO membership have, in the appli- that they better meet the criteria than any achievement of the Eagle Scout Award from cant countries, already settled national other applicant country. Indeed, nobody can the Boy Scouts of America. Aaron began his boundary disputes and ethnic conflict and really argue that Slovenia doesn’t meet the Scouting career in 1985 as a tiger cub with discrimination, advanced democracy and criteria. Slovenia’s case has simply been Pack 202 of Chambers Hill, PA. During his pluralism, fostered civilian control of the largely neglected. I know of no reputable op- years as a Boy Scout he has earned a total military, developed confidence-building position to Slovenia. This country is in the of 24 merit badges and attended Philmont, the measures, gained greater transparency in ‘‘well-I-guess-I-don’t-know-any-reason-why- National Boy Scout High Adventure Program military budgets, and created greater out-of- they-shouldn’t-be-a-member’’ category. They area interoperability for out-of-area oper- simply have lacked a major proponent in New Mexico. He has held the positions of ations for peacekeeping or against aggres- among NATO countries. In fact, however, we quartermaster, senior patrol leader, troop sion as in Albania or Kuwait. More advances House members feel we can objectively ad- guide and junior assistant scoutmaster. He will come as applicants continue to strive for vance their case because we have no special also earned the religious award for the Catho- NATO membership. In fact, the events of the American benefit or relationship with Slove- lic faithÐAd Altare Dei. June 3, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1093 Currently, Aaron is a member of the Order patent protection and other forms of market MTG is recognized as fourth in the Nation of Arrow in the rank of Brotherhood. He is also exclusivity. Much of the responsibility for the among site development companies. Its clients an adult Assistant Scout Leader. He will be a absence of adequate pediatric drug informa- are among the industry giants: AT&T Wireless, senior at Central Dauphin East High School in tion today can be laid at their feet. Sprint Spectrum, PCS PrimeCo, Pacific Bell the Fall of 1997 and plans to attend college However, I recognize that limited additional Mobile Services, and Nextel. and major in environmental science. He is incentives may be appropriate in some in- Small Business Week is celebrated annually also a member of the Central Dauphin East stances to promote pediatric drug research, throughout the Nation by Presidential procla- High School wresting team, an avid canoeist, such as for some drugs which are currently mation. Each year, SBA names one outstand- and an accomplished guitarist. marketed. It is my hope, however, that such ing entrepreneur in each State and territory: This multitalented young man received the incentives are only necessary in from this group the national Small Business Eagle Scout Award on February 4, 1997. His supplementing the FDA's use of existing statu- Person of the Year is chosen. Eagle Project consisted of painting the con- tory authority to ensure that adequate informa- Selection criteria for Small Business Per- cession building, bleachers, and a general tion is available about pediatric drug uses. sons of the Year are: First, staying powerÐa cleanup of Crest Baseball Field, Swatara H.R. 1727 would help improve and increase substantial history as an established business; Township, Dauphin County, PA. the information available about pediatric drug second, growth in number of employeesÐa Please join me in congratulating Aaron uses by providing additional market exclusivity benchmark to judge the impact of the busi- Myers. He should be commended for this fine as an incentive to prescription drug manufac- ness on the job market; third, increase in effort and encouraged to work with other youth turers in limited situations. Under the bill, the sales and/or unit volumeÐan indication of to take such an active interest in the commu- Secretary of Health and Human Services continued growth; fourth, current and past fi- nity in the future. would determine whether a new drug might nancial reports substantiating the improved fi- f provide health benefits for pediatric popu- nancial position of the business; fifth, innova- lations, and have the authority to request that tiveness of product or service offered; sixth, BETTER PHARMACEUTICALS FOR pediatric studies be conducted by the manu- response to adversity; and seventh, evidence CHILDREN ACT facturer to establish these benefits. Upon com- of contributions by the nominee to aid commu- pletion of these studies and their acceptance nity-oriented projects through the use of per- HON. HENRY A. WAXMAN by the Secretary, the manufacturer would be sonal time and resources. Small business is the backbone of the OF CALIFORNIA granted an additional 6 months of market ex- American economy. In Arizona, 99.5 percent clusivity. IN THE HOUSE OF REPRESENTATIVES of our over 407,000 businesses have fewer I am sure that many parents would be dis- Tuesday, June 3, 1997 than 100 employees. These are the compa- turbed to learn that, when their infants and nies that provide the growth in jobs and the vi- Mr. WAXMAN. Mr. Speaker, I rise today to children receive a prescription medicine, there tality for our State. It is in these places of work join my colleague, JIM GREENWOOD, in spon- may not be clinical studies establishing the where American dreams are made. I congratu- soring H.R. 1727, the Better Pharmaceuticals safety and efficacy of that treatment in chil- late Rhonda McKenzie for making her Amer- for Children Act. I support this bill because it dren. In conjunction with independent and de- ican dream come true and for her well-de- focuses on a serious but little known problem cisive steps by the Food and Drug Administra- served accomplishment in achieving Arizona's in our children's health care, and can provide tion [FDA], I believe the Congress can change Small Business Person of the Year. some additional tools to address it. this situation for the better. H.R. 1727 can f While dramatic progress has been made in help do that, and that is why I am cosponsor- the treatment and cure of diseases and chron- ing it today. TRIBUTE TO ANDREW A. HERNAN- ic illnesses, it cannot be said today that our f DEZ, THE 1997 NATIONAL VET- children have fully benefited from this innova- ERAN SMALL BUSINESS ADVO- tion. As increasingly sophisticated medicines ARIZONA SMALL BUSINESS CATE OF THE YEAR are developed, the knowledge needed to opti- PERSON OF THE YEAR mally treat children with these medicines has not kept pace. In crucial ways, our under- HON. GEORGE E. BROWN, JR. HON. JOHN B. SHADEGG OF CALIFORNIA standing of how to use these drugs for chil- OF ARIZONA IN THE HOUSE OF REPRESENTATIVES dren is simply inadequate. IN THE HOUSE OF REPRESENTATIVES According to the American Academy of Pe- Tuesday, June 3, 1997 diatrics and the Food and Drug Administration Tuesday, June 3, 1997 Mr. BROWN of California. Mr. Speaker, [FDA] only a minority of prescription drugs in Mr. SHADEGG. Mr. Speaker, this week Ari- each year for the past 34 years, the President the United States with potential pediatric uses zona celebrates Small Business Week and of the United States has issued a proclama- are actually labeled for use by children. Since honors one of its outstanding performers in tion call for the celebration of Small Business 1962, 80 percent of all drugs have been ap- the small business area. On June 6, Rhonda Week. I believe this celebration of Small Busi- proved for adult use with an explicit disclaimer McKenzie, president and CEO of McKenzie ness Week, which is held from June 1±7 this that they are not approved for use by children. Telecommunications Group, Inc. [MTG] will be year, recognizes its crucial impact on our This is because the research necessary to honored as the SBA 1997 Arizona Small Busi- economy and society. As we pay tribute to our prove the safety and efficacy of these pediat- ness Person of the Year at the Small Busi- Nation's entrepreneurs, I would like to take rics uses is not being done, either before or ness Week Awards Luncheon at La Posada this opportunity to recognize an exceptional after the drugs are marketed. Despite wide- Resort in Scottsdale. veteran businessman from my district, Mr. An- spread recognition in Government, industry, Rhonda used her 20 years of technical, drew A. Hernandez, who has been named the and academia of this problem, little progress managerial, and sales experience in the tele- 1997 National Veteran Small Business Advo- has been made to correct it. communications industry to build a company cate of the Year. We must never forget that I firmly believe that the FDA has been re- which generated over $8.3 million in revenues small business is the engine that drives our miss in not taking action to conclusively rem- last year. Founded in 1993 with McKenzie as economy and its people such as Mr. Hernan- edy this situation. The agency has statutory the sole employee, MTG, Inc., provides total dez that will continue to make America No. 1. authority to encourage and require the per- turnkey site development services to tele- He is an inspiration to small business persons formance of pediatric clinical studies. It should communications companies throughout the not only in my congressional district, but also exercise that authority and take every possible Nation. Today, MTG has 125 employees in across the country. step to ensure that new drugs with potential five StatesÐCalifornia, Florida, Colorado, Ne- Mr. Andrew Hernandez, president of Arid pediatric uses are approved on the basis of vada, and two locations in Arizona. Construction Technologies, Inc., in San data demonstrating safety and efficacy in both The primary services MTG provides include Bernardino, and a resident of San Bernardino, adults and children. The Government's failure identification of suitable real estate for the has been named the 1997 National Veteran to act in this manner is unacceptable and we construction of client systems; representing cli- Small Business Advocate of the Year by the pay for such a failure in our children's health. ents at zoning hearings and community meet- U.S. Small Business Administration. He was It is also imperative to recognize that pre- ings; coordination of all geotechnical and envi- nominated for the award for his work in assist- scription drug manufacturers already have sig- ronmental studies; development of construc- ing veterans. Mr. Hernandez is a founding nificant incentives to pursue research, devel- tion feasibility studies; and construction and member and the current president of the Cali- opment, and regulatory approval in the form of management services. fornia Disabled Veteran Business Enterprises E1094 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 1997 Alliance, a nonprofit organization established quality educational opportunities to young CONGRATULATIONS TO MSGR. to assist and support disabled veterans. He women in a Catholic environment. Sister Jac- HAROLD J. BURKARDT was instrumental in securing procurement queline has been successful in launching goals from the California Public Utilities Com- Saint Elizabeth's into the 21st century while HON. BUD SHUSTER mission of 1.5 percent, and from the county of retaining the values that have made the col- OF PENNSYLVANIA San Bernardino of 3 percent, which translates lege a treasured institution since 1903. IN THE HOUSE OF REPRESENTATIVES into over $70 million being targeted for Tuesday, June 3, 1997 DVBE's. A New Jersey native, Sister Jacqueline has Mr. Hernandez has dedicated a substantial devoted more than 50 years to Catholic higher Mr. SHUSTER. Mr. Speaker, it is with great amount of his own time and money lobbying education. In 1946, she became a member of pride that I rise today to pay tribute to a long for the advancement of DVBE's at both the the Sisters of Charity of St. Elizabeth and time servant of the people, Rev. Msgr. Harold State and national levels. He also serves on earned a bachelor's degree in history from the J. Burkardt, who on June 1, 1997, celebrated the county of San Bernardino's Contract Com- college in 1957. She continued her education the 50th anniversary of his ordination to the pliance Advisory Board, which has the respon- at the Catholic University of America in Wash- priesthood. Please join me in wishing him the sibility of overseeing the county's efforts to in- ington, DC, earning a master of arts in 1963 best of luck on this wondrous milestone. crease procurement opportunities for women, and a doctorate in history in 1967. Upon re- A native of Johnstown, PA, Monsignor minority and disabled veteran business enter- turning to New Jersey, Sister Jacqueline Burkardt currently resides in Altoona, PA, prises. In 1995 he created a DVBE plan room began a 30-year career at her alma mater cul- which is located in my congressional district. at Arid Construction which receives plans and minating with her appointment as president of He was raised in a strongly religious family specifications from public and private agencies the College of St. Elizabeth in 1981. and was joined by his brother and sister in at no charge. This allows DVBE companies to pursuing a life with the church. He was or- Sister Jacqueline Burns recognized early in increase the number of projects they can bid dained in 1947 at the Pontifical College her tenure the educational challenges pre- on since their capital will not be tied up in plan Josephinum in Worthington, OH. After ordina- deposits. sented by today's rapidly changing workplace tion he dedicated himself to a teaching career, Last year Arid Construction Technologies and the promise the next century will offer to focusing in math and the sciences at Inc. was also recognized by the U.S. Depart- future alumni of St. Elizabeth's. In order to Josephinum, where he remained until 1971. ment of Commerce Minority Business Devel- prepare for this challenge, Sister Jacqueline Monsignor Burkardt then spent 2 years as an opment Agency as the 1996 Minority Con- enlarged the college's endowment by more Assistant Pastor at Holy Name in Ebensburg, struction Firm of the Year for seven south- than 1000 percent, increased financial aid op- PA. In 1973 he moved to Immaculate Concep- western States. Originally specializing in the portunities, opened the college to more minor- tion in Altoona where he became Pastor, duti- waterproofing trade, the company has ex- ity and international students, worked to im- fully serving the residents of Altoona until panded into general contracting as well with prove opportunities for faculty growth and 1988. emphasis on the design-build and construction leadership, and expanded coeducational pro- Monsignor Burkardt continues to keep busy of child care centers. grams in nursing and adult education. Addi- in his semi-retirement by assisting at St. Pat- Through his company, Mr. Hernandez has tionally, St. Elizabeth's now boasts a coeduca- rick's Church in Newry, PA. He continues to say Mass and enjoys keeping fit with his daily demonstrated support for the local community tional graduate division and a campuswide morning walk. by renovating a building located in an older computer information network. section of town and participating in a commu- Mr. Speaker, I will close by once again ask- nity service project each year. These have in- Beyond her work at St. Elizabeth's, Sister ing you to help me pay tribute to Monsignor cluded the repair of the exterior of a children's Jacqueline has been a leader and an excellent Burkardt on this, his 50th anniversary of Ordi- museum, the cleaning and sprucing up of the spokesperson on educational issues through nation. His life has been one of service and city's memorial to war veterans, and the spon- her membership on the board of directors of dedication to others and I am honored to have sorship of a team for the March of Dimes organizations such as the Association of Inde- him as one of my constituents. I would like to Walk-a-Thon. Mr. Hernandez also sponsors pendent Colleges and Universities of New Jer- thank Rev. Msgr. Harold J. Burkardt for his life youth sports teams. sey, the Morris County Chamber of Com- long commitment to others and wish him well In being named the 1997 National Veteran merce, and the National Association of Inde- in all that he pursues. Small Business Advocate of the Year, Mr. pendent Colleges and Universities. In the past, f Hernandez set an example of dedication, in- Sister Jacqueline has also served on the REMARKS OF CHAIRMAN BEN- tegrity, and innovation which makes him a role boards of two area hospitals and a seminary, JAMIN GILMAN BEFORE THE model for small business persons in the Unit- and she currently serves on the Presidential POLISH AMERICAN CONGRESS ed States. I am very pleased to have Mr. Her- Advisory Council for Intercampus Tele- nandez being honored this week. It it my hope communications Network, the New Jersey that he will serve as a model not only for other HON. WILLIAM F. GOODLING Independent College Fund, and the board of OF PENNSYLVANIA business men and women in my congres- directors of the Public Leadership Educational sional district, but also entrepreneurs nation- IN THE HOUSE OF REPRESENTATIVES Network. Throughout the years, she has been Tuesday, June 3, 1997 wide. In closing, Mr. Speaker, I wish Mr. Her- recognized as a leader by Seton Hall Univer- nandez all the best in his future endeavors sity, Douglas College, the New Jersey State Mr. GOODLING. Mr. Speaker, I rise today and I hope that others will follow the sterling Federation of Women's Clubs, the Northeast to acknowledge the recent address of Con- examples he has set for all small businesses. Coalition of Educational Leaders, and various gressman BENJAMIN GILMAN before the Polish f local women's clubs. American Congress. Mr. GILMAN spoke to the Congress on the anniversary of the 3rd of May SISTER JACQUELINE BURNS: LED However, even as she moves on to other Polish Constitution of 1791. The address, re- THE COLLEGE OF ST. ELIZABETH challenges for the Sisters of Charity, Sister ceived by Polish Prime Minister Wlodzimierz INTO A NEW ERA Jacqueline will be remembered, above all, by Cimoszewicz, was very insightful. Mr. GILMAN, the 30 graduating classes of students that the distinguished chairman of the House Inter- HON. RODNEY P. FRELINGHUYSEN have passed through the College of St. Eliza- national Relations Committee, spoke of the OF NEW JERSEY beth during her time as a professor and as past and future of Polish democracy and the IN THE HOUSE OF REPRESENTATIVES president of the institution. All of these women democratic fate of all of Eastern Europe. I Tuesday, June 3, 1997 graduates take with them an element of Sister commend Chairman GILMAN's remarks to all of Jacqueline's thirst for knowledge, her desire to my colleagues. Mr. FRELINGHUYSEN. Mr. Speaker, today create a culture of giving and her hope for the I rise to pay tribute to Sister Jacqueline Burns, CHAIRMAN BENJAMIN A. GILMAN’S REMARKS future. ON THE COMMEMORATION OF THE ANNIVER- S.C., upon her retirement as president of New Mr. Speaker, again, I would like to com- SARY OF THE 3RD OF MAY POLISH CONSTITU- Jersey's oldest Catholic college for women, TION OF 1791 mend Sister Jacqueline Burns for her tireless the College of St. Elizabeth at Convent Sta- Good Morning. tion, Morris Township. During her tenure, Sis- efforts on behalf of the students at the College I am pleased to be here with all of you this ter Jacqueline has expanded the college's of St. Elizabeth and for her selfless contribu- morning, and with our honored guest, Prime mission while retaining its focus on offering tions to New Jersey and Morris County. Minister Cimoszewicz of Poland. June 3, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1095 Welcome to you, Mr. Prime Minister, and that, ultimately, much of what the framers dents, muggings, and rapes by unknown as- to all of my good friends here today from the of the May 3rd Constitution sought for their sailants combined. Nearly 4,000 women die Polish American Congress. country has now come to pass: every year in our country as a result of do- Today, on the anniversary of the adoption We see today a peaceful, democratic Po- mestic violence. In my own State of Vermont, of the Polish Constitution of 1791, we look land. back over the troubled history of Poland We see a Poland free from the threat of in- every single murder during a recent year was during the last two centuries. vasion and working to ensure that it remains linked to this criminal behavior. We remember the Polish nation dis- free. We simply must find new ways to get a loud membered by its neighbors. We see the nation of Poland now free to and clear message through to all Americans to We see that nation then resurrected, but seek its prosperity as a full member of the curb the violence in our midst, especially do- soon subjected yet again to a horrible fascist European community of nations. mestic violence and sexual assault against occupation. While the Polish Constitution of 1791 was women and girls. To help carry that message, We recall that the Polish nation was then written only shortly before the nation of Po- I believe that our national sport heroes, as role freed again—only to be taken captive by land entered into its two centuries of repres- communism. sion and dictatorship, that document has models of profound national influence, can Finally, in 1989, the nation of Poland never been forgotten by Poles, who saw in it play a crucial role in helping to stigmatize and emerged from its suffering and repression— the symbol of a resurrected nation. deter violence against women all across almost two hundred years after the adoption Today, as Poland has been re-born into a America. of the May 3rd Constitution. new era of democracy, we see that the prom- Sadly hardly a day goes by that we don't Keenly aware of this history, the question ise of the May 3rd Constitution has been ful- read about the latest incidents of domestic vio- that has troubled many Poles since 1989 is filled. lence and sexual assault in our local news- this: On this important occasion, I extend my papers. Just a few days ago, a local television best wishes to the Polish nation as it moves Will Poland once again fall victim to inva- station in Washington, DC, for example re- sion or dictatorship? forward to a bright future of peace, democ- I want to share with you this morning my racy and prosperity. ported on five different sexual assaults that had occurred allegedly involving athletes at conviction that the answer is no. f Of course we cannot overlook the threats Howard University and that had been covered to democracy and sovereignty that exist SUPPORT GROWS FOR NATIONAL up until now. even today in Eastern Europe and that can SPORTS SUMMIT TO COMBAT DO- But positive action can be taken. confront any one of the struggling democ- MESTIC VIOLENCE AND SEXUAL That is why Congresswoman MORELLA and racies in that region. ASSAULT I first wrote to all of the leaders of the major One need only look to events now occur- professional and amateur sports leagues in ring in Belarus, Poland’s neighbor, to realize America in January 1996 urging them to join that even today a determined dictator can HON. BERNARD SANDERS a national campaign and speak out against subvert constitutional democracy. OF VERMONT One need only look to Russia’s continuing domestic violence and sexual assault. Since IN THE HOUSE OF REPRESENTATIVES desire to exercise its power over the states of then we have had numerous meetings and en- Eastern Europe and over the states of the Tuesday, June 3, 1997 tered into a dialogue with representatives of former Soviet Union to realize that impe- Mr. SANDERS. Mr. Speaker, Congress- the National Football League, Major League rialism and aggression can quickly challenge Baseball, National Basketball Association, Na- the stability of much of Europe. woman CONNIE MORELLA and I introduced leg- islationÐHouse Concurrent Resolution 29Ðin tional Hockey League, National Collegiate Ath- One need only realize that the reunifica- letic Association, and the College Football As- tion of Belarus with Russia may well be a February calling for a national summit of sports, government, business, and academic sociation. real prospect—and an event that, should it We are pleased that some important follow- occur, could change the face of Eastern Eu- leaders along with nonprofit community organi- steps have been taken. Last fall, several rope overnight. zations that serve victims of domestic violence prominent athletes, coaches, and officials of It is my belief, however, that the policies and sexual assault and advocate on their be- the College Football Association, in conjunc- that Poland has followed since 1989 will over- half. Since then, support for such a ground- come those challenges and will, in fact, tion with the Liz Claiborne Foundation, filmed make Poland an anchor for the countries of breaking summit has been growing steadily. a series of unprecedented antidomestic vio- I am pleased to report that since similar leg- Central and Eastern Europe that are also lence public service advertisements that were islation was first introduced last summer that seeking democracy and security. broadcast during nationally televised collegiate I have had opportunities in the last few we have received endorsement letters from football games for the first time. Similarly, the months to speak about Poland’s foreign pol- the following concerned organizations and in- National Football League and star players like icy at gatherings attended by Polish-Ameri- dividuals: American College of Nurse Mid- cans and to express my satisfaction with the Steve Atwater of the Denver Broncos joined wives; American Psychological Association; forces to air public service announcements positive trends I have seen in that foreign AYUDA; Larry Brown, coach of the Philadel- policy. against domestic violence during ABC's Mon- Let me just say this morning that Poland phia 76'ers; Catholics for Free Choice; Center day Night Football show and other televised has followed a positive foreign policy to the for the Study of Sports and Society; Center for games. West by eliminating obstacles to good rela- Women Policy Studies; Community Anti-Drug Certainly I am not suggesting in any way tions with Germany and seeking integration Coalitions of America; Washington, DC Rape that athletes are statistically any more prone into the NATO Alliance and the European Crisis Center; Domestic Violence Advocacy to domestic violence and sexual assault than Union. Project; Joseph Glass of Team Sports; Britt any other sector of our population. But there It has also followed a positive foreign pol- King, Women's Basketball Coach at University icy to its East, recognizing that the fate of is no doubt that organized sports touch the countries such as Ukraine and Lithuania are of the District of Columbia; Lee McElroy, ath- lives of so many Americans and our families vital to its national security and acting to letic director at American University; Older and that star athletes are idolized by many support those countries’ integration into Eu- Women's League; National Association of So- Americans of all ages. Hence, our identifica- ropean and trans-Atlantic institutions as cial Workers; National Coalition Against Sex- tion with our sports stars provides a powerful well as its own. ual Assault; Jody Glass with New Waves of means to combat domestic violence and sex- Ladies and Gentlemen, I also have little Rhode Island; Empowering Women and Con- ual assault. There is much to be gained in our fear for the success of Polish democracy. fronting Abuse; NOW Legal Defense and Edu- constant national campaign if we can enlist The Polish people have made it clear that cation Fund; Pennsylvania Coalition Against they want and expect Poland to be a mature our sports leaders in spreading the word that democracy. Rape; Tom Penders, head basketball coach at rough and tumble, hard-nosed physical com- Free and fair elections have been held. the University of Texas; Rhode Island Coali- petition stops when athletes leave the playing A modern Parliament is now working in tion Against Domestic Violence; National arena and that there is absolutely no excuse Warsaw. Urban League; Office of Justice Programs for domestic violence or sexual assault in any A peaceful and democratic transfer of pres- within the U.S. Justice Department; Vermont walk of American life. idential power has taken place. Network Against Domestic Violence and Sex- Similarly we need to do more to teach our And now, as we commemorate the anniver- ual Assault; Women's Research and Edu- young people who are so interested in sports sary of the May 3rd Constitution, the Polish people are preparing to decide on a new con- cation Institute; YWCA of the USA; and the Vi- that domestic violence and sexual assault are stitution that will guide their new democ- olence Policy Center. serious crimes. In this regard, I intend to press racy in the coming years. It is a national disgrace that domestic vio- for education against domestic violence and Whatever the Polish people’s decision on lence is the leading cause of injury to Amer- sexual assault to be included in the regular in- that new constitution may be, we can see ican women, more common than auto acci- struction that thousands of young Americans E1096 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 1997 between 10 and 16 years of age receive shut the Government downÐjust as he did 2 Merged into the State Department alto- through taxpayer-funded programs like the Na- years ago to prevent spending cuts, and gether would be the US Information Agency tional Youth Sports Program which the Na- blackmailed Congress into higher spending to and the Arms Control and Disarmament Agency. The Agency for International Devel- tional Collegiate Athletic Association has re- avoid a shutdown last year. As long as this opment, which now reports directly to the ceived tens of millions of tax dollars to admin- agreement is followed in good faith, this option president, also would go to work for the sec- ister every summer for more than 20 years. should not be available to him. retary of state instead. The expansion of f I think we will be able to fill out the details NATO to the countries of Eastern Europe of the plan in a way that is acceptable to both and Russia itself is authorized as well. CONCURRENT RESOLUTION ON parties. I will watch carefully as Congress be- Thus the dueling strategies that have THE BUDGET, FISCAL YEAR 1998 gins to shape the tax relief package and final- given the US government’s foreign policy ize other areas of the plan. As long as the some of its worst moments since the Berlin SPEECH OF Wall came down would at last be expected to Congressional Budget Office continues to cer- speak with a single voice. HON. VINCE SNOWBARGER tify that the plan will balance the budget and It was one of these smoldering rivalries OF KANSAS provide significant tax relief, I will support it. that burst into flames last month when the IN THE HOUSE OF REPRESENTATIVES f Agency for International Development sus- pended a $14 million contract with a unit of Tuesday, May 20, 1997 OVERHAULING THE FOREIGN AID Harvard University that has been consulting to the Russian government on various pri- The House in Committee of the Whole ESTABLISHMENT SUPPORT: H.R. 1486 vatization programs. House on the State of the Union had under The reason: The significant others of the consideration the concurrent resolution (H. two lead advisers—the wife of one, the Con. Res. 84) establishing the Congressional girlfriend of the other—had been investing budget for the U.S. Government for the fiscal HON. DAVID DREIER OF CALIFORNIA heavily in Russian ventures for personal year 1998 and setting forth appropriate budg- gain. etary levels for fiscal years 1999, 2000, 2001, IN THE HOUSE OF REPRESENTATIVES Harvard economics professor Andrei and 2002: Tuesday, June 3, 1997 Shleifer and Moscow program director Jona- Mr. SNOWBARGER. Mr. Chairman, during than Hay were fired from its programs last Mr. DREIER. Mr. Speaker, later this week my campaign for Congress last year I said week by the Harvard Institute for Inter- the House is likely to consider H.R. 1486, the that my primary goals were a balanced budget national Development. But the suspended Foreign Policy Reform Act of 1997. I believe as scored by the Congressional Budget Office contract is expected to be canceled soon, that this important legislation, crafted in a re- with permanent damage to the Russian fac- and permanent tax relief for hard-working fam- sponsible and bipartisan manner by the es- tion that has been Washington’s brightest ilies. I stressed that these two goals were not teemed chairman of the House International hope for reform. mutually exclusive and that both were des- But there were deeper currents. HIID Relations Committee, BEN GILMAN of Middle- perately needed by the American people. To- might never have had the contract in the town, NY, offers a historic opportunity to move night, I have the opportunity to vote for a first place but for the rump State Depart- our Nation's foreign policy in the right direc- budget plan that meets both those goals, and ment that was the AID mission to Moscow— tion. will by 2002Ðfor the first time since 1974Ðre- something like 300 hard-to-control employ- The legislation reported by the International ees. In fast-moving events after the at- duce the Federal Government's share of the Relations Committee represents a return to tempted coup against in fruits of our labors to less than 20 percent of proper congressional authorization proce- 1991—and especially after Bill Clinton moved the U.S. gross domestic product. dures. It authorizes spending for the State De- into the White House—the Harvard Institute This plan was not my first choice. I first sup- partment and related agencies, as well as for came to be used as the principal, if unoffi- ported a better budget, one introduced by Mr. cial, instrument of US macroeconomic pol- security, humanitarian, and development as- DOOLITTLE, that would have allowed the Amer- icy in Moscow, responsive to instructions sistance at levels agreed to by the House and ican people to retain more of their hard-earned from the White House in ways that the well- Senate last week in their votes on the budget money and significantly reduced the bloated entrenched AID mission in Russia never was. resolution, and at levels agreed to by the ad- It was amid such back-channel maneuver- Federal Government. Unfortunately, that budg- ministration. ing that the burgeoning conflicts of interest et failed. My choice then, is between the bal- David Warsh, a business and economics on the part of the administration’s preferred anced budget agreement and the status quo. columnist for , recently wrote advisers, Shleifer and Hays, went unno- The plan currently contains many things that ticed—or at least unchallenged. a cogent article putting the bill, and Chairman I gladly supportÐ$135 billion in tax relief for With everybody in the foreign policy appa- GILMAN'S leadership, in the proper historical families and investors over 5 yearsÐ$85 bil- ratus working for the president—as they perspective. Namely, it is a plan for develop- lion net; $600 billion in entitlement reform over would be under Ben Gilman’s Foreign Policy ment aid in the post-cold war era that rivals Reform Act—such mischief would be far less 10 years; reforms to ensure the solvency of the shrewdness of the Marshall Plan itself. likely to occur. Medicare for the next decade; and less Gov- Harry Truman called Marshall ‘‘one of the MARSHALL’S INHERITOR ernment spending than the President would most astute and profound men I have ever have us spend. He was a kid sergeant when General known.’’ At a distance of 50 years, it is clear Of course, since the Republican Congress George Marshall was Chief of Staff of the that Marshall understood that with a dev- does not have enough of a majority to over- Army—an Army Air Corps navigator with 35 astating war just ended but an even more missions over Japan. And when Secretary of threatening possibility in prospect, a con- ride President Clinton's vetoes, the plan also State Marshall in 1947 announced the ambi- includes his own initiatives, many of which I certed effort by the Americans to rebuild Eu- tious plan for the reconstruction of Europe rope would be required to keep Soviet tanks oppose. These include a new taxpayer-fi- that has borne his name ever since, Ben Gil- out of Paris. nanced health insurance entitlement, college man was a GI Bill student at New York Uni- Conditioned by the sacrifices of the war, a tax credits that I, as a former college teacher, versity Law School. bipartisan Congress dug deep and came up believe will only go to fund tuition increases Now Gilman, the little-known chairman of with money—$13:5 billion, paltry even at 10 and grade inflation; and reinstating SSI bene- the House Committee on International Rela- times that sum in current dollars—necessary fits to certain immigrants. However, the most tions, is acting as Marshall’s inheritor—in to jump-start the European miracle. Peace ways that are as yet little understood. disappointing aspect of this plan is that it and prosperity—and a strong line of defense Next week Congress takes up his Foreign against an expansionist Soviet empire—was doesn't really deflate the bloated Federal Gov- Policy Reform Act. It is billed as the first the result. ernment. The reduction in the share of the Na- major overhaul of the foreign aid establish- Today, the situation is nearly opposite. In- tion's wealth consumed by the Government is ment since 1961. stead of a world hobbled by war, the United based primarily on the assumption that the More to the point, the bill provides a set of States looks outward to a world pretty much Nation's economy will grow a little faster than tools for the conduct of development aid in at peace with itself. Instead of relatively Government spending. But it is the best we the post-Cold War era that are in many ways easily repaired physical damage, the harm can get with this President in the White analogous—opposite in approach but perhaps done to many of the world’s great nations— equal in shrewdness—to the Marshall Plan House. Russia, China, India—has been self-inflicted. itself. It is institutional regeneration that is need- The other important thing this plan will do is Chief among its features is a streamlining ed, not spare parts and heating oil. that it should prevent the President from shut- of the baroque foreign policy establishment And, of course, instead of facing a powerful ting down the Government again. The Presi- that grew up during the half-century contest and unpredictable foe, America finds itself dent has already signaled his willingness to with the former Soviet Union. alone as a global superpower. It is, however, June 3, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1097 one among many nations seeking to compete But visit BJS Electronics Inc. in Milpitas ment of the population—find it necessary to in global markets, and without the comfort and you’ll find several workers of a decidedly continue working because of the high cost of of an eneny to galvanize its will. different age, with a few more gray hairs, living here. In these circumstances, Ben Gilman’s ap- embarking on a new career in their golden At BJS Electronics, seniors such as proach to foreign policy deserves to be un- years. Sampuran Singh work alongside other work- derstood for what it is: the best possible ap- The company, one of the largest independ- ers half their age. For the past four months, proach under the circumstances. It amounts ent distributors of memory chips, is doing the retired bank inspector from India has to a return to the stripped-down apparatus something few other high-tech firms seem helped fill sales for the $1,300 memory chips with which America entered the post-World willing to do—hiring older workers in their that are assembled onto circuit boards and War II era: a president who makes foreign 50s and 60s. In BJS’ case, many of them are sold to companies such as Hewlett-Packard. policy through his secretary of state, with also immigrants who face the loss of Supple- ‘‘I want to contribute to the economy of the advice and consent of Congress, but with- mental Security Income funds in August be- America,’’ said the 61-year-old immigrant out the bureaucratic barnacles that have cause they are not naturalized citizens. who came to the United States a year and a grown up over 50 years. Of the company’s 68 employers, 10 range in half ago. ‘‘We don’t want to be dependent on Like the foreign policy of the Marshall age from 52 to 69. They have been hired as se- the government. We shouldn’t be a burden on Plan, the support for the Foreign Policy Re- curity guards, warehouse workers and cir- others.’’ form Act is selfconciously bipartisan. Fresh- cuit-board testers. With these jobs, they say, Jessie Singh, BJS’ chief executive, said he men hotheads made a bold attempt to derail they’ve gained self-esteem and greater re- got the idea to hire the seniors when he Gilman’s ascension to the international rela- spect among friends and family members. heard Mayor Susan Hammer speak last sum- tions committee’s chair (he replaced Rep- And at a time when many employees rou- mer about the jarring effects welfare reform resentative Lee Hamilton) following the sur- tinely jump from job to job, company offi- could have on legal immigrants. prise Republican conquest of the House in cials say they’s garnered a group of depend- He approached San Jose’s Northside Com- 1994; he was too much a Rockefeller Repub- able employees who work hard and remain munity Center, which provides nutritional lican for some. (A moderate, Gilman was loyal to the company. and social services for Indo-American and elected to Congress on ’s coat- Company Chief Executive Jessie Singh, Filipino-American seniors, to find a senior to tails in 1972.) who came here from India with only $8 in his employ. The center sent over four. Jessie Yet Gil;man works well with his Repub- pocket and now owns a company that boasts Singh hired all of them. lican counterpart in the Senate, Jesse $240 million in sales annually, said he made Of the 10 older workers at BJS Electronics, Helms. Gilman retains the respect of the a special effort to hire older workers because eight are Indo-Americans, one is of Chinese Democrats. And he keeps a light checkrein he understands how they feel. descent from the Philippines and another is on the Clinton administration, causing few ‘‘Seniors are mostly unwanted in society white. Their previous occupations include embarrassments, but regularly extracting or used by their children who bring them to physical education teacher, cab driver, farm- compromises in cases where he believes US this country just to babysit the grand- er and army officer. None had ever worked at policy is overly soft or harsh—in China, in children,’ said Singh, 38. ‘‘This is chance for a high-tech company. Bosnia, in Somalia, in Haiti, in the Ukraine. them to get out of the house. They can prove Now, they work full time, 40 hours a week, It is picturesque that debate should be they’re not less than anyone else.’’ making about $7 an hour with full medical scheduled to begin on Gilman’s bill on Tues- Bill Payson, president of Senior Staff, a benefits. Advocates for the elderly said they day—in time to offer the possibility that it job databank for seniors in Silicon Valley, consider that a fair wage. Payson noted that could come to a vote in the House on the applauds BJS Electronics’ hiring practice, many of his seniors get paid up to $14 an 50th anniversary of Marshall’s famous speech which he calls a rarity in this industry. hour, but those are usually part-time jobs at Harvard, June 5. While many of the 3,500 seniors listed with that don’t include benefits. So never mind the nostalgia. Great deeds the databank want to work in high-tech, the Jessie Singh said he wanted to help those are still being undertaken. The shaping eco- job listings Payson gets from such compa- struggling to regain a foothold in life be- nomic development around the world has re- nies are few. cause it’s an experience he knows all too placed defense as the cutting edge of foreign Indeed, industry representatives for Joint well, having left Punjab, India, 11 years ago policy. It is possible that the next 50 years Venture: Silicon Valley and the Santa Clara with almost nothing and moving to Santa will be even better than the last. Valley Manufacturing Group said they are Clara with his wife, Surinder, after a tradi- unsure if any high-tech companies make an tional marriage arranged by their parents. f effort to hire older workers. Even though he had an engineering degree JOBS FOR OLDER WORKERS OVER 35 IS OVER THE HILL and once supervised 1,500 employees in India, ‘‘High-tech companies are notoriously he found it nearly impossible to get a skilled prejudiced against older folks. They think job here. HON. ZOE LOFGREN anyone over 35 is over the hill,’’ Payson said. RESUMES AT THE GAS PUMP OF CALIFORNIA ‘‘For this company (BJS) to have that large So for the first four months, he delivered IN THE HOUSE OF REPRESENTATIVES a proportion of older workers, I’d give them pizzas and pumped gas. He would hand out high marks for that. This is the coming Tuesday, June 3, 1997 his resume at the full-service pump, figuring trend. And this company is ahead of the anyone buying premium could hire him. Ms. LOFGREN. Mr. Speaker, I wish to call wave.’’ ‘‘I did get a lot of response from that,’’ he your attention to an uplifting story in the San About 21 percent of the population in said. ‘‘But they all still wanted work experi- Santa Clara County is age 50 or over, accord- Jose Mercury News, describing how a Silicon ence in the United States, and I didn’t have ing to U.S. Census data. About 9 percent is any. I was so frustrated.’’ Valley entrepreneur, Mr. Jessie Singh, has age 65 or older. (Payson and some advocacy built his high-tech enterprise with the help of He started asking friends in India for help. groups designate people over 50 as seniors. One friend, a distributor of computer chips, senior workers including many immigrants. The federal government has no single defini- asked Singh to help him purchase from Sili- It is a sad fact that older workers face sig- tion. Laws governing housing, social services con Valley vendors some memory chips that nificant obstacles in obtaining employment. and medical care set different age limits.) would be sold to buyers in India. But, as Mr. Singh's model shows, seniors can Of the age 50-and-over group, 50 percent ‘‘I didn’t even know what a memory chip excel at the workplace. work because they need the money or be- was,’’ Singh said about the component that cause they want to stay useful, Payson said. As our country continues to address the stores data temporarily while the microproc- For those with good computer and office essor carries out its work. issue of welfare reform, we need to recognize skills, jobs are not as hard to find, advocates that many older workers do want to work hard, Even so, he went to work, buying the chips for the elderly said. But for those who speak for his friend and making a 10 percent com- and will work hard, if given the opportunity. limited English, who have transportation mission on each deal. He soon realized that Our economic future depends on employing problems or who have little work experience instead of being just a middleman, it would the talents of all our residents. in this country, it can be far more difficult. be more worthwhile to strike out on his own. ‘‘Most of the older people I work with feel He borrowed money from friends and rel- [From the San Jose Mercury News, Apr. 8, there’s discrimination out there, that 1997] atives and ran a one-man operation out of they’re under-rated as far as their health and his Santa Clara apartment. THREESCORE YEARS—AND HIRED MILPITAS skills,’’ said Sue LaForge, director of the Na- These days, the millionaire businessman HIGH-TECH FIRM FINDS ITS OLDER WORKERS tional Council on Aging’s job-training pro- operates out of a 45,000-square-foot, high-se- TO BE LOYAL DEPENDABLE gram. ‘‘But the situation is getting better. curity building where more than 10,000 mem- (By Carolyn Jung) Employers are starting to see seniors as a ory chips go out each day. It’s a familiar sight at many Silicon Valley desirable addition to their workforce.’’ Now, Jessie Singh hopes other companies high-tech companies—throngs of 20- and 30- COST OF LIVING A FACTOR will copy his efforts in hiring seniors. Surjit somethings hunched over computer termi- LaForge hopes more Silicon Valley high- Sohi, 57, who has worked as an operations nals, assembling circuit boards, chomping tech companies follow suit, particularly be- manager at BJS Electronics for more than a pizza or playing foosball. cause more seniors—the fastest-growing seg- year, hopes so, too. E1098 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 1997 ‘‘In India, age counts for you,’’ said Sohi, a friends and the City of Clifton in recognizing A TRIBUTE TO BEVERLY HARPER retired army general who immigrated here the outstanding and invaluable service to the ON HER SELECTION AS ONE OF three years ago. ‘‘But in America, age goes community of the Honorable Lester F. PENNSYLVANIA’S BEST 50 against you. We should get over the barriers WOMEN IN BUSINESS of age. We want to show everyone that we Herrschaft, Councilman for the City of Clifton. can still do well at our age.’’ f f HON. THOMAS M. FOGLIETTA OF PENNSYLVANIA ADDRESSING HOMELESSNESS TRIBUTE TO THE HONORABLE IN THE HOUSE OF REPRESENTATIVES LESTER F. HERRSCHAFT Tuesday, June 3, 1997 HON. BILL PASCRELL, JR. HON. CONSTANCE A. MORELLA Mr. FOGLIETTA. Mr. Speaker, I rise today OF MARYLAND to pay tribute to Ms. Beverly Harper of Phila- OF NEW JERSEY delphia. Ms. Harper was recently named one IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES of Pennsylvania's Best 50 Women in Busi- ness, an honor she rightly deserves for her Tuesday, June 3, 1997 Tuesday, June 3, 1997 Mr. PASCRELL. Mr. Speaker, I would like to business savvy and her contributions to the call to you attention the Honorable Lester F. Mrs. MORELLA. Mr. Speaker, on June 5, community. One of two thousand nominees for Jerrschaft, Councilman for the City of Clifton, the fifth graders from Somerset Elementary the honor, Harper was nominated by the Ben New Jersey who is being honored by Knights School and the Montgomery County Coalition Franklin Technology Center of southeastern of Columbus Council 3769 as their ``Man of for the Homeless will present a symposium, Pennsylvania. Candidates were required to be the Year.'' ``Wake Up Montgomery County!'' It is with a owners, presidents, CEO's, or in a position Councilman Herrschaft was born and raised great deal of pride that I honor this school, with significant authority in the decisionmaking in the City of Clifton. He is a graduate of Clif- which has worked over the years to provide of the business. Ms. Harper certainly meets ton Elementary School No. 6 and Clifton High the homeless in Montgomery County with sup- these standards as the founder and president of Portfolio Associates, Inc., a firm that spe- School. He entered the service upon gradua- port and compassion. Led by the efforts of a cializes in public relations, advertising, market- tion from high school and served with the remarkable fifth grade teacher, Ms. Vicky Fisk, ing, and market research. Army (infantry) in Europe during World War II. every child that graduates from Somerset has Since its founding in 1969, Portfolio Associ- He is a member of the Disabled American a deep sense of community obligation and a Veterans (DAV) Clifton Chapter No. 1, the ates has handled numerous big-name ac- better understanding of what it is like to spend counts, including: Southeastern Pennsylvania American Legion Post No. 8 and the Athenia the night on the street or in a shelter. Veterans Post, Military Order of the Purple Public Transportation Authority [SEPTA], Uni- Heart. Ms. Fisk has been working with Montgom- versity of Pennsylvania Health System, Phila- Councilman Herrschaft is a principal and ery County homeless shelters for 10 years. I delphia Gas Works, and the Philadelphia Con- chief financial officer of Albert A. Stier Inc., would like to relay to you some of the experi- vention and Visitors Bureau, among others. and affiliated Realty Corporations of Clifton ences her students have had, for the most In addition to her successes in the business and manager of Styertowne Shopping Center. part in their own words. Their fifth grade year world, Beverly Harper is active in community While successful professionally, Councilman begins by researching and then writing es- organizations and is a supporter of the arts in Herrschaft has never forgotten about his com- says, reports and papers about the homeless. Philadelphia. She spearheaded Greek Row, a movement to help Greek organizations de- munity. During our research, we learned that the velop a Panhellenic center and spur develop- His involvements are numerous. Council- main causes of homelessness are drugs, alco- man Herrschaft has served for 15 years on ment in the distressed neighborhoods of North hol, mental illness and the working poor * * * Philadelphia. Ms. Harper and her staff have the Clifton Board of Education, and for seven Working poor means that they have a job, but of those years, served as president. He is a regularly participated in career days at local it doesn't pay them enough to rent a place to schools, and have made a practice of adopt- former trustee of both the Clifton Boys Club live * * * Here is why you should not stop and the Passaic-Clifton Boys Club and the ing a school or family struggling with hardship, drug and alcohol education programs. If you in an effort to enhance educational opportuni- Passaic-Clifton YMCA, has served as Special did stop the programs the number of home- Gifts Chairman of the Passaic Valley United ties and improve self-esteem in low-income less will increase more than it does now every neighborhoods. Way, and serves on the board of the Clifton year. Adult Opportunity Center. Councilman Ms. Harper is a member of the Community Herrschaft further served on the Board of Gov- We have raised money to buy coats for the Trust Board of the West Philadelphia ernors of Passaic General Hospital. He serves children at Helping Hands Shelter. We then Empowerment Zone and is on the board of di- on the Advisory Board of the Valley National went to classrooms and informed students rectors at the Philadelphia Orchestra and the Bank and was appointed by the Supreme what we were going to do for the homeless Philadelphia Dance Co. Mr. Speaker, in light Court to serve on the Passaic County Legal * * * We collected items from room to room of her many contributions to the city of Phila- Free Arbitration Committee. He is a member for a month. We collected 1,200 items in a delphia, and in recognition of her recent inclu- and past president of the Clifton Rotary Club. cart called ``The Caring Cart.'' After four weeks sion in the list of Pennsylvania's top business- He is a member of Clifton Lodge No. 203 and went by, our class went to shelters giving out women, I ask that my colleagues join me president of the Clifton Masonic Temple Asso- what we have collected * * * Some of these today in honoring Beverly A. Harper. ciation. Councilman Herrschaft was the recipi- items are toilet paper, laundry detergent, and f ent of the Joseph J. Kolodziej Humanitarian deodorant * * * It really helped the homeless. COMMEMORATING THE CENTEN- Award in February 1993 and the Clifton Opti- Ms. Fisk's fifth grade does not stop there. mist Man of the Year in 1995. NIAL CONGRESS OF THE AMER- They go on to challenge me and other Mem- ICAN OPTOMETRIC ASSOCIATION Councilman Herrschaft was elected to his bers of Congress to do more for the home- third term of the Clifton Municipal Council in less. ``What have you done?'' they have asked July 1994. He contributes to many charitable me. ``If you have a big speech about this, peo- HON. RICHARD A. GEPHARDT endeavors. Councilman Herrschaft is a mem- ple will listen. [The homeless] need your sup- OF MISSOURI ber of the Salaam Temple of the Shrine and port. They are American citizens, just as im- IN THE HOUSE OF REPRESENTATIVES is actively involved in the support of the Shrine portant as anyone. Did you know that there Crippled Childrens Hospital and Burn Center. Tuesday, June 3, 1997 are more than 2,000 homeless people in Councilman Herrschaft is a graduate of Mr. GEPHARDT. Mr. Speaker, thousands of Montgomery County alone? The homeless Fairleigh Dickinson University where he was optometrists from across the nation will con- need your help.'' awarded his Bachelor of Science degree, ma- vene in my hometown of St. Louis, June 11± joring in management. He and his wife, Doro- I could not say it better. I have learned from 15, for the Centennial Congress of the Amer- thy, reside in Clifton and have two sons, Skip the youngsters in Somerset Elementary ican Optometric Association [AOA]. It is fitting and Peter and three grandchildren. School and I know that whomever stops in at that this milestone event be held in St. Louis Mr. Speaker, I ask that you join me, our col- their school at 5811 Warwick Place between 7 because it has been the home of the AOA leagues, Councilman Herrschaft's family and and 8:30 p.m. on June 5 will be very inspired. since 1953. June 3, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1099 Optometry's roots date back to the ancient In 1936, Ms. Dickerson and her husband, Washington, DC. There he attained a doctor- Greeks and their study of the mechanics of vi- Jeremiah Dickerson, became residents of ate in educational administration. He returned sion. In 1898, the evolving profession of op- Salem Township, MI. In this burgeoning com- to the Paterson Diocese in 1964 and became tometry in the United States began to coa- munity, they raised four children; Claver, its third superintendent of schools, overseeing lesce with the first meeting of the American Tamenund, Edward, and Edwina. Ms. all the grammar and high schools of the dio- Association of Opticians. The association had Dickerson is especially proud of her son, cese. He remained in this position until 1971. a charter membership of 183 members rep- Tamenund James Dickerson, who served his During these years he began an association resenting 31 States. The association adopted country as a Tuskegee airman with the 99th with the Little Sisters of the Poor, residing at the use of the term optometrist in 1903, and squadron from June 27, 1944 to March 19, their Dey Street home in Paterson and serving in 1918 changes its name to the American 1946. as their chaplain to the sisters and residents. Optometric Association. Ms. Dickerson is an active participant in the In 1971, Monsignor Morris returned to Holy Since those early days, optometry has Salem community, giving generously of her Trinity Parish, where he has served as co-pas- grown into a dynamic health care profession time to local organizations. She has been a tor and pastor ever since. He was honored by with nearly 31,000 practicing optometrist in member of the Salem Historical Society since Pope John Paul II and given the title ``Mon- more than 4,000 cities and towns spanning its beginning. For over 50 years, she has been signor'' in 1981. Monsignor Morris has nobly the U.S. Optometry encompasses the care of a member of the Salem Bible Church where and generously served both the church and the eye and vision system through the diag- she has taught and assisted in teaching Sun- the community. His devoted service is indeed nosis, treatment and management of eye dis- day School since 1979. She served as a read- admirable. eases and vision disorders. ing aide at the Salem Elementary School from Mr. Speaker, I ask that you join me, our col- The theme of this year's conference is ``A 1986 to 1991. From 1985 to 1994, Ms. leagues, Monsignor Morris' family and friends, Celebration of Sight.'' In addition to an exten- Dickerson assisted in the distribution of sur- the congregation of Holy Trinity Church and sive program of continuing education and the plus food for the Salem Township and sur- the city of Passaic in recognition of the mo- consideration of policy resolutions, the AOA rounding areas. mentous occasion of the 50th anniversary of will be electing a new president. Taking over Working out of her home from 1950 to Msgr. John Edward Morris' ordination into the as the association's 76th president will be Dr. 1985, Ms. Dickerson catered to many special priesthood. Michael D. Jones of Athens, TN. He will be events, weddings, and graduations for genera- f succeeding Dr. T. Joel Byars from tions of families throughout Washtenaw Coun- McDonough, GA. ty. TRIBUTE TO DR. JOHN W. GROVER I would like to ask my colleagues to join in On behalf of the friends and family of Ms. saluting the American Optometric Association Dickerson, I express my heartfelt congratula- HON. JIM BUNNING on the occasion of its Centennial Congress. tions on the extraordinary accomplishment of OF KENTUCKY f her 100th birthday. IN THE HOUSE OF REPRESENTATIVES f WE NEED A TAX BILL THAT’S Tuesday, June 3, 1997 FAIR TRIBUTE TO MONSIGNOR JOHN Mr. BUNNING. Mr. Speaker, I would like to EDWARD MORRIS take a moment to pay tribute to an outstand- HON. LYNN C. WOOLSEY ing citizen of northern Kentucky, a man who OF CALIFORNIA HON. BILL PASCRELL, JR. has proven beyond any doubt that one person IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY who is willing to give his own time and ability Tuesday, June 3, 1997 IN THE HOUSE OF REPRESENTATIVES can indeed make a difference. I'm speaking of Dr. John W. Grover of Fort Thomas, KY. Ms. WOOLSEY. Mr. Speaker, we need a Tuesday, June 3, 1997 After serving in the , as a lieu- tax bill that's fair. Mr. PASCRELL. Mr. Speaker, I would like to tenant on the U.S.S. Breckenridge, John Gro- That means, quite simply, that the tax bill call to your attention Msgr. John Edward Mor- ver established himself as a family physician we pass must be targeted to those who need ris on the occasion of the 50th anniversary of in Fort Thomas, KY. Over the next 38 years, it the mostÐmiddle-income families. A fair tax his ordination into the priesthood. until his retirement in 1990, John managed to bill would give a real tax break to the middle Monsignor Morris was born on July 13, maintain a very successful practice, providing class, not the super rich. 1921 in Brooklyn, New York, the first child of regular health care to a goodly portion of the It would include the President's proposals to John E. and Mary Cassion Morris. His parents population of Fort Thomas. He was my fami- make higher education more affordable. It moved to Lincoln Park, NJ several years later, ly's physician for a good 25 years. During this would provide tax relief for family-owned farms where he, his three brothers and one sister same period, he also found the time, with the and small businesses, a 100-percent health in- grew up. He attended St. John's High School help of his wife, Jo, to raise a family of four surance deduction for the self-employed, and in Paterson and began studies for the priest- fine children. relief for home offices. hood at Seton Hall College, South Orange in But success at family and profession But there's one thing that a fair tax bill 1939. He completed those studies at Immacu- weren't enough for John Grover. From the be- would never include: a tax cut for the super late Conception Seminary in Darlington, NJ ginning, he gave back as much as he got. rich that explodes after the first 5 years. That and Catholic University in Washington, DC in From the beginning, he immersed himself in tax cut will saddle us all with more debt and 1947. public service. put a tough new squeeze on our hard-working Monsignor Morris was ordained into the For 22 years, he served as the team physi- families. priesthood for the Diocese of Paterson on May cian for Highlands High School football team. Let's play fair. Let's protect our families. 31, 1947. He was ordained by Archbishop He served on the board of director of the Let's vote for the motion to instruct. Thomas J. Walsh of the Archdiocese of New- YMCA. He served on the board of directors of f ark at the Sacred Heart Cathedral because St. Luke Hospital for 16 years. He provided TRIBUTE TO CLARA BELL Paterson's Bishop McLaughlin had died 2 free medical care for the children of Holly Hill DICKERSON months previously and a successor had not Children's Home for 36 years. He volunteered yet been chosen. at the Vine Street Medical Clinic in downtown HON. LYNN N. RIVERS Monsignor Morris was assigned as associ- Cincinnati. OF MICHIGAN ate pastor to Holy Trinity Church (Heilige Even when it came to his hobbies, John IN THE HOUSE OF REPRESENTATIVES Dreifaltigkeits Kirche) in Passaic, NJ on June couldn't sidestep the call of voluntarism. He 10, 1947, where he ministered to youth and was an avid spelunker, spending 8 years help- Tuesday, June 3, 1997 elderly alike. He attended classes and became ing to map and survey unexplored areas of Ms. RIVERS. Mr. Speaker, for the record, I proficient in the German language so as to Mammoth Cave, and from 1968 to 1976, he would like to honor and congratulate Ms. Clara better serve the German-speaking immigrants also served as safety director of the Cave Re- Bell Dickerson on her 100th birthday. Witness from Europe. At the same time, he taught at search Foundation. to the advent of cars and electricity, the Great Pope Pius XII High School in Passaic. Dr. John Grover is an unusual man of ex- Depression and two world wars, Ms. Monsignor Morris continued until 1961, ceptional talentÐbut his greatest achievement Dickerson celebrated 100 years of life and when Bishop McNulty called upon him to fur- and what he will always be remembered for is achievement on May 21, 1997. ther his studies at the Catholic University in what he gave backÐthrough selfless public E1100 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 1997 service. This is one Kentuckian who has prov- the majority of trees in a forest are left the majority of the range states support the en that voluntarism can indeed make a real healthy and standing. ‘‘Range states’’ are in- listing of S. macrophylla. It is notable that difference. creasingly relying upon such practices, and only one nation (Costa Rica) has placed uni- many U.S. importers of Mahogany insist on lateral restrictions on mahogany exports. f shipments from properly managed forests. This is explicitly allowed under Appendix III ENDANGERED SPECIES OF WILD South American governments are also more of CITES. Additionally, it has been reported aggressively combating illegal clearing, that only Ecuador expressed support for the FAUNA AND FLORA tightening allowable harvests, and repealing Appendix II proposal during the USFWS con- tax incentives that had contributed to defor- sultation process, and that Peru and Brazil HON. CHARLES H. TAYLOR estation. Brazil recently suspended logging have registered their strong opposition. The OF NORTH CAROLINA permits for two years, and my understanding whole CITES proves on mahogany reflects an is that Peru is in the process of implement- all too familiar pattern of northern hemi- IN THE HOUSE OF REPRESENTATIVES ing a similar restriction. sphere advocacy groups dictating resource Tuesday, June 3, 1997 These facts are acknowledged by the U.S. policy to their southern neighbors. The handling of the listing petition for Mr. TAYLOR of North Carolina. Mr. Speak- Forest Service—the recognized tree experts in the U.S. Government. The Forest Serv- Big-Leaf Mahogany could set an unfortunate er, I insert for the RECORD the following state- ice’s leading Mahogany expert, Dr. Ariel precedent. The recently revised listing cri- ment which I presented to the House Commit- Lugo has published a detailed critique of the teria for CITES are being interpreted by ad- tee on Resources today: Appendix II listing proposal, and concluded vocacy groups very broadly and in a fashion which would allow almost any commercial STATEMENT OF THE HONORABLE CHARLES H. that it is a ‘‘poor proposal and a bad example tree species to have a CITES Appendix I or II TAYLOR BEFORE THE RESOURCES COMMITTEE of how science is used by the U.S. Govern- listing. There is a widely-held belief that OF THE U.S. HOUSE OF REPRESENTATIVES ment to guide the management of natural re- CITES is not a suitable forum for the regula- SUBCOMMITTEE ON FISHERIES CONSERVA- sources.’’ Dr. Lugo notes more specifically tion of widely traded tree species. CITES was TION, WILDLIFE AND OCEANS that the * * * proposal does not measure up to the never intended for this purpose. If S. Mr. Chairman, I want to thank the Com- standards of science and fairness required to macrophylla is listed on Appendix II, we ex- mittee for this opportunity to provide my solve complex and contentious issues, does pect that many additional species will soon thoughts on the upcoming meeting of the not reflect the current understanding of the be proposed for listing as well. Convention on International Trade in Endan- ecology and biology of Big-Leaf Mahogany, Many other species are prime candidates gered Species of Wild Fauna and Flora it is strongly biased, contains inaccurate for listing proposals at subsequent CITES (CITES). As you are aware, the Clinton Ad- statements, and ignores available informa- meetings. We call attention to the report of ministration has petitioned CITES to list tion that would provide decision-makers the first phase of a study commissioned by the commercially valuable S. maccrophylla with a more accurate understanding of the the Netherlands CITES Authorities and con- (Big-Leaf Mahogany) as potentially endan- Mahogany issue. For this reason, the pro- ducted by the World Conservation Monitor- gered under Appendix II of the treaty. My in- posal is not a useful policy-making docu- ing Center (WCMC) that evaluated numerous terest and experience in this area is two-fold. ment and should be abandoned. timber species vis-a` -vis the new listing cri- As you may be aware, I am the only reg- In November 20, 1996 comments to the U.S. teria adopted in Fort Lauderdale. Phase one istered forester in Congress, and it is impor- Fish and Wildlife Service (USFWS), then of the study examined 58 species, primarily tant to me that the policy of the United Chief of the U.S. Forest Service Jack Ward from Africa and Asia. Of the 58, 41 species States on timber issues be informed by sound Thomas reached the same conclusions, not- overall (29 from Africa alone) were found to science and proven principles of forest man- ing succinctly that ‘‘none of the criteria for qualify for listing in either Appendix I (a agement. listing a species on Appendix II are met.’’ complete BAN on trade) or Appendix II My concern in this area also derives from Unfortunately, it appears that the Admin- (trade allowed but heavily regulated). the importance of wood products to the econ- istration has neglected the informed input of Proponents of listing have argued that Ap- omy of North Carolina and the nation. Ma- its own experts in favor of a more political pendix II listing is not equivalent to an ex- hogany has always been prized by consumers approach. The process of formulating a U.S. port ban. However, Appendix II listing would for its beauty, functionality, and weather re- position has been characterized by haste and require certification of Mahogany exports as sistance. The production of furniture, deck- the exclusion of divergent views. The obtained from sustainable forests, and re- ing, and decorative arts represent the high- USFWS participated in three different gath- quire routing of shipments through CITES- est valued uses of this resource. This trans- erings of forestry, timber-trade, and plant approved ports. This could create additional lates into good jobs in North Carolina, Vir- and Mahogany experts this fall, but engaged bureaucratic and logistical burdens, as well ginia, Kentucky, Pennsylvania, Michigan, in no substantial discussions of the Mahog- as opportunities for corruption in the alloca- New York, Indiana, and many other U.S. any proposal. During these meetings, tion of permits. states—as well as in range states such as USFWS had an excellent opportunity to in- Finally, it is highly questionable that Brazil and Bolivia where economic opportu- form the groups that an Appendix II listing trade restrictions will improve the protec- nities are not as abundant. By lending eco- proposal for Mahogany was being considered, tion of Mahogany forests, and in fact, they nomic value to the forest ecosystems in that and to solicit their expertise. This was not could have the opposite effect. History has region, Mahogany production provides incen- done, resulting in a foregone opportunity for shown that people in developing nations will tives to keep these ecosystems intact. Clear- informed input and discussion. not resign themselves to economic stagna- ly, all of us should be striving for a sustain- Even the scheduling of CITES action on tion, but will choose between competing de- able utilization of the Mahogany resources Mahogany appears to reflect political dy- velopment options. In fact, it is generally with which this hemisphere has been gener- namics more than sound fact gathering. Act- recognized that the greatest threat to tropi- ously endowed. ing on the proposal in June would moot the cal ecosystems is clearing and burning relat- I have a number of concerns with the pro- efforts of the specially-formed CITES Timber ed to housing, ranching and agriculture. By posal to list Big-Leaf Mahogany under Working Group (TWG) which has completed providing an economic incentive to maintain CITES Appendix II, and the leading role of its work and has submitted its report and hardwood forests, responsible timber produc- the U.S. delegation in that effort. Most fun- recommendations to the CITES Standing tion forestalls less attractive development damentally, the weight of scientific evidence Committee. It is premature to forward a list- options. As Dr. Thomas Lovejoy of the does not show the species in decline. Unfor- ing proposal until this group’s report and Smithsonian Institution has said, ‘‘the key tunately, for some time now the debate over recommendations are received and consid- component in preserving and maintaining Mahogany has been guided more by emotion ered by the Conference of Parties in the tropical forests is to ensure these re- and ideology than facts. Zimbabwe in June. sources maintain their economic value.’’ Based on what has been presented in the The listing proposal is also premature with It is for these reasons that I draw the Com- media and by advocacy groups, many Ameri- respect to the report of an internal study on mittee’s attention to the Mahogany listing cans would be surprised to learn that the the Convention’s effectiveness which was proposal. Appendix II listing by CITES would range of Mahogany is very large, extending commissioned by the CITES Standing Com- directly impact the future of the U. S. fur- from Mexico to Bolivia. Jack Ward Thomas, mittee. The results of this study also will be niture workers and other American indus- who until recently headed the U.S. Forest presented in June. The consultants found tries that rely on this resource to meet con- Service, concluded after a comprehensive re- (among other things) that certain govern- sumers’ preferences. Also at stake are the view of the evidence that Big-Leaf Mahogany ments and advocacy groups are dispropor- emerging economies of South American na- is abundant, with an extensive range, and tionately represented in the work of CITES, tions, with whom the United States hopes to not threatened with extinction. and that CITES pays a disproportionate build stronger trading relations in coming In all parts of the range, the tree occurs in amount of time and effort dealing with the years. relatively small quantities in comparison to issues surrounding a relatively small number I encourage the Administration to recon- the total standing timber in the forest, a of popular species, such as mahogany. sider their support for this proposal and to growth pattern characteristic of many of the I am also concerned with the characteris- withdraw it from consideration at the up- species in Latin America. This creates op- tic positions of the range states on restrict- coming CITES Conference of Parties in portunities for selective harvesting in which ing trade in mahogany. USFWS claims that Zimbabwe. Tuesday, June 3, 1997 Daily Digest

HIGHLIGHTS The House agreed to a conference with the Senate on H. Con. Res. 84, Concurrent Budget Resolution, and appointed conferees. Senate to close further debate on the modified committee to Chamber Action occur thereon. Routine Proceedings, pages S5197–S5276 Concurrent Budget Resolution—Conferees: The Measures Introduced: Ten bills and one resolution Chair, pursuant to the order of May 23, 1997, ap- were introduced, as follows: S. 820–829, and S.J. pointed conferees to H. Con. Res. 84, establishing Res. 31. Page S5253 the congressional budget for the United States gov- Family Friendly Workplace Act: Senate continued ernment for fiscal year 1998 and setting forth appro- consideration of S. 4, to amend the Fair Labor Stand- priate budgetary levels for fiscal years 1999, 2000, ards Act of 1938 to provide to private sector em- 2001 and 2002, as follows: Senators Domenici, ployees the same opportunities for time-and-a-half Grassley, and Lautenberg. Page S5235 compensatory time off, biweekly work programs, and Messages From the President: Senate received the flexible credit hour programs as Federal employees following messages from the President of the United currently enjoy to help balance the demands and States: need of work and family, to clarify the provisions re- Transmitting the report concerning emigration lating to exemptions of certain professionals from the laws and policies of Armenia, Azerbaijan, Georgia, minimum wage and overtime requirements of the Moldova, and Ukraine; referred to the Committee on Fair Labor Standards Act of 1938, with a modified Finance. (PM–43). Page S5250 committee amendment, taking action on amend- Transmitting the report concerning the extension ments proposed thereto, as follows: Pages S5218±48 of waiver authority for Albania, Belarus, Kazakstan, Pending: Kyrgystan, Tajikistan, Turkmenistan and Grassley Amendment No. 253, to provide protec- Uzbekistan; referred to the Committee on Finance. tions in bankruptcy proceedings for claims relating (PM–44). Page S5250 to compensatory time off and flexible work credit hours. Pages S5220±21 Nominations Received: Senate received the follow- Grassley Modified Amendment No. 256, to apply ing nomination: to Congress the same provisions relating to compen- Beth Nolan, of New York, to be an Assistant At- satory time off, biweekly work programs, flexible torney General. Page S5276 credit hour programs, and exemptions of certain pro- Messages From the President: Page S5250 fessionals from the minimum wage and overtime re- Messages From the House: Page S5250 quirements as apply to private sector employees. Pages S5221, S5247±48 Petitions: Pages S5250±53 Gorton Modified Amendment No. 265, to pro- Executive Reports of Committees: Page S5253 hibit coercion by employers of certain public em- Statements on Introduced Bills: Pages S5253±64 ployees who are eligible for compensatory time off under the Fair Labor Standards Act of 1938 and pro- Additional Cosponsors: Pages S5264±65 vide for additional remedies in a case of coercion by Amendments Submitted: Pages S5265±68 such employers of such employees. Notices of Hearings: Page S5268 Pages S5221±22, S5247 Senate will continue consideration of the bill on Authority for Committees: Page S5268 Wednesday, June 4, 1997, with a vote on a motion Additional Statements: Pages S5268±76 D554 June 3, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D555

Adjournment: Senate convened at 9:30 a.m., and NOMINATION adjourned at 7:19 p.m., until 3 p.m., on Wednes- Committee on Finance: Committee ordered favorably day, June 4, 1997. (For Senate’s program, see the re- reported the nomination of Robert S. LaRussa, of marks of the Acting Majority Leader in today’s Maryland, to be Assistant Secretary of Commerce for Record on page S5276.) Import Administration.

Committee Meetings FAST-TRACK TRADE AUTHORITY (Committees not listed did not meet) Committee on Finance: Committee held hearings to ex- amine whether to extend the President’s fast-track INFORMATION TECHNOLOGY negotiating authority to continue to fully participate Committee on Commerce, Science, and Transportation: Sub- in the World Trade Organization, receiving testi- committee on Communications concluded hearings mony from Charlene Barshefsky, United States Trade to examine the management of Federal research and Representative; Duane L. Burnham, Abbott Labora- development investment in advanced information tories, on behalf of the Emergency Committee for technologies, focusing on the President’s proposed American Trade, C. Fred Bergsten, Institute for Next Generation Internet initiative and related pro- International Economics, and Richard L. Trumka, grams to accelerate the development of a high-speed, AFL–CIO, all of Washington, D.C.; and Mark Van high-quality information infrastructure in the United Putten, National Wildlife Federation, Vienna, Vir- States, after receiving testimony from Henry C. ginia. Kelly, Acting Associate Director for Technology, Of- Hearings were recessed subject to call. fice of Science and Technology Policy; Neal F. Lane, Director, National Science Foundation; Ken Ken- U.S.-HONG KONG AGREEMENT nedy, Rice University, Houston, Texas, on behalf of the Presidential Advisory Committee on High Per- Committee on Foreign Relations: Committee concluded formance Computing and Communications, Informa- hearings on the Agreement Between the Government tion Technology, and the Next Generation Internet; of the United States of America and the Government Gwen A. Jacobs, Montana State University, Boze- of Hong Kong for the Surrender of Fugitive Offend- man; Bonnie Neas, North Dakota State University, ers signed at Hong Kong on December 20, 1996 Fargo; Cherri Pancake, Oregon State University, Cor- (Treaty Doc. 105–3), after receiving testimony from vallis; and Douglas E. Van Houweling, Internet 2 Jamison S. Borek, Deputy Legal Advisor, Depart- Project, Washington, D.C. ment of State; and Mark M. Richard, Deputy Assist- ant Attorney General, Criminal Division, Depart- UNIVERSAL TELEPHONE SERVICE ment of Justice. Committee on Commerce, Science, and Transpor- tation:Subcommittee on Communications concluded DEPARTMENT OF COMMERCE GRANT hearings to examine the Federal Communications PROGRAMS Commission implementation of the Telecommuni- cations Act of 1996, focusing on efforts to imple- Committee on Governmental Affairs: Subcommittee on ment universal telephone service reform and FCC Oversight of Government Management, Restructur- proposals to assess new per-minute fees on Internet ing, and the District of Columbia concluded hear- service providers, after receiving testimony from ings to examine the merits of the Department of Reed E. Hundt, Chairman, and Rachelle B. Chong, Commerce Advanced Technology Program and other James H. Quello, and Susan Ness, each a Commis- corporate subsidies to private industry to develop ci- sioner, all of the Federal Communications Commis- vilian technologies, after receiving testimony from sion; Jay Kitchen, Personal Communications Indus- Mary Lowe Good, Under Secretary of Commerce for try Association, Alexandria, Virginia; Roy Neel, Technology; Robert M. White, Carnegie Mellon United States Telephone Association, and Jonathan University, Pittsburgh, Pennsylvania, former Under B. Sallet, MCI Communications Corporation, both of Secretary of Commerce for Technology; T.J. Rodgers, Washington, D.C.; Bob Rowe, Montana Public Serv- Cypress Semiconductor Corporation, San Jose, Cali- ice Commission, Helena, on behalf of the National fornia; Tim Draper, Draper Fisher Associates, Red- Association of Regulatory Utility Commissioners; wood City, California; Stephen Moore, Cato Insti- and Ronald E. Spears, Citizen Utilities Company, tute, Washington, D.C.; and Dwight D. Carlson, Stanford, Connecticut. Perceptron, Ann Arbor, Michigan. D556 CONGRESSIONAL RECORD — DAILY DIGEST June 3, 1997 House of Representatives ment of Mr. Henry F. Cooper of Virginia to the Chamber Action Commission to Assess the Organization of the Fed- Bills Introduced: 21 public bills, H.R. 1754–1774; eral Government to Combat the Proliferation of and 1 resolution, H.J. Res. 79, were introduced. Weapons of Mass Destruction on the part of the Pages H3273±74 House. Page H3207 Reports Filed: Reports were filed as follows: John C. Stennis Center for Public Service Train- H.J. Res. 75, to confer status as an honorary vet- ing and Development: On May 30, the Chair an- eran of the United States Armed Forces on Leslie nounced the Speaker’s appointment of Representative Townes (Bob) Hope (H. Rept. 105–109); Fowler to the Board of Trustees for the John C. H.R. 79, to provide for the conveyance of certain Stennis Center for Public Service Training and De- land in the Six Rivers National Forest in the State velopment. Page H3207 of California for the benefit of the Hoopa Valley Tribe, amended (H. Rept. 105–110); Recess: The House recessed at 12:48 p.m. and re- H.R. 985, to provide for the expansion of the Ea- convened at 2:00 p.m. Page H3217 gles Nest Wilderness within Arapaho and White Private Calendar: It was made in order that the call River National Forests, Colorado, to include the of the Private Calendar be dispensed with on Tues- lands known as the Slate Creek Addition upon the day, June 3. Page H3217 acquisition of the lands by the United States, Suspensions: The House voted to suspend the rules amended (H. Rept. 105–111); and pass the following measures: H.R. 1019, to provide for a boundary adjustment and land conveyance involving the Raggeds Wilder- Honorary Veteran Status to Bob Hope: H.J. Res. ness, White River National Forest, Colorado and to 75, to confer status as an honorary veteran of the correct the effects of earlier erroneous land surveys United States Armed Forces on Leslie Townes (Bob) (H. Rept. 105–112); Hope; Pages H3221±23 H.R. 1020, to adjust the boundary of the White Alternatives for the Federal Courts of Appeals: River National Forest in the State of Colorado to in- H.R. 908, amended, to establish a Commission on clude all National Forest System lands within Sum- Structural Alternatives for the Federal Courts of Ap- mit County, Colorado, which are currently part of peals; Pages H3223±25 the Dillon Ranger District of the Arapaho National National Wildlife Refuge System Improvement: Forest (H. Rept. 105–113); H.R. 1420, amended, to amend the National Wild- H.R. 1439, to facilitate the sale of certain land in life Refuge System Administration Act of 1966 to Tahoe National Forest, in the State of California to Placer County, California, amended (H. Rept. improve the management of the National Wildlife 105–114); and Refuge System (passed by a yea-and-nay vote of 407 H. Res. 159, providing for consideration of H.R. yeas to 1 nay, Roll No. 156); Pages H3225±32, H3238 1757, to consolidate international affairs agencies Raggeds Wilderness, White River National For- and to authorize appropriations for the Department est: H.R. 1019, to provide for a boundary adjust- of State and related agencies for fiscal years 1998 ment and land conveyance involving the Raggeds and 1999; and providing for consideration of H.R. Wilderness, White River National Forest, Colorado 1758, to ensure that the enlargement of the North and to correct the effects of earlier erroneous land Atlantic Treaty Organization (NATO) proceeds in a surveys; Pages H3232±33 manner consistent with United States interests, to White River National Forest Boundary Adjust- strengthen relations between the United States and ment: H.R. 1020, to adjust the boundary of the Russia, and to preserve the prerogatives of the Con- White River National Forest in the State of Colo- gress with respect to certain arms control agreements rado to include all National Forest System lands (H. Rept. 105–115). Pages H3272±73 within Summit County, Colorado, which are cur- Speaker Pro Tempore: Read a letter from the rently part of the Dillon Ranger District of the Speaker wherein he designated Representative Arapaho National Forest; Pages H3233±34 Nethercutt to act as Speaker pro tempore for today. Sale of Land in Tahoe National Forest: H.R. Page H3215 1439, amended, to facilitate the sale of certain land Weapons of Mass Destruction Commission: On in Tahoe National Forest, in the State of California May 30, the Chair announced the Speaker’s appoint- to Placer County, California; and Pages H3234±35 June 3, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D557 Hoopa Valley Reservation South Boundary Ad- his report concerning Administration actions and ex- justment: H.R. 79, amended, H.R. 79, to provide penses relating to the national emergency declared for the conveyance of certain land in the Six Rivers with respect to the Federal Republic of Yugoslavia National Forest in the State of California for the (Serbia and Montenegro) and the Bosnian Serb benefit of the Hoopa Valley Tribe. Pages H3235±38 Forces—referred to the Committee on International Recess: The House recessed at 3:39 p.m. and recon- Relations and ordered printed (H. Doc. 105–89); vened at 5:00 p.m. Page H3238 Pages H3220±21 Concurrent Budget Resolution: The House dis- Extension of Trade Waiver for Albania, agreed to the Senate amendment to H. Con. Res. 84, Belarus, Kazakstan, Kyrgyzstan, Tajikistan, establishing the congressional budget for the United Turkmenistan, and Uzbekistan: Read a message States Government for fiscal year 1998 and setting from the President wherein he transmitted his report forth appropriate budgetary levels for fiscal years recommending a 12 month continuation of the waiv- 1999, 2000, 2001, and 2002, and agreed to a con- ers in effect for Albania, Belarus, Kazakstan, ference. Appointed as conferees: Representatives Ka- Kyrgyzstan, Tajikistan, Turkmenistan, and sich, Hobson, and Spratt. Pages H3239±46 Uzbekistan under the Trade Act of 1974—referred Agreed to the Spratt motion to instruct managers to the Committee on Ways and Means and ordered on the part of the House at the conference on dis- printed (H. Doc. 105–91); and Page H3246 agreeing votes of the House of Representatives and Emigration Laws and Policies of Armenia, the Senate on H. Con. Res. 84, be instructed to do Azerbaijan, Georgia, Moldova, and Ukraine: Read everything possible within the scope of the con- a message from the President wherein he transmitted ference to (1) agree to section 104(b) of the Senate- his report concerning emigration laws and policies of passed resolution, limiting the 10 year net cost of Armenia, Azerbaijan, Georgia, Moldova, and Ukraine the tax cuts to $250 billion; and (2) agree to section as required by the Trade Act of 1974—referred to 321 of the Senate-passed resolution, with respect to the Committee on Ways and Means and ordered fair distribution of tax cuts. Pages H3245±46 printed (H. Doc. 105–92). Pages H3246±47 Presidential Messages: Meeting Hour: Agreed that when the House ad- Extension of Trade Waiver for the People’s Re- journs today, it adjourn to meet at 12:00 noon on public of China: On May 30, read a message from Wednesday, June 4. Page H3256 the President wherein he transmitted his report rec- Amendments: Amendments ordered printed pursu- ommending a 12 month continuation of the waiver ant to the rule appear on page H3275. in effect for the People’s Republic of China under the Trade Act of 1974—referred to the Committee Senate Messages: Message received from the Senate on Ways and Means and ordered printed (H. Doc. today appears on page H3239. 105–86); Page H3208 Quorum Calls—Votes: One yea-and-nay vote de- Continuation of National Emergency re Federal veloped during the proceedings of the House today Republic of Yugoslavia and the Bosnian Serb and appears on page H3238. There were no quorum Forces: On May 30, read a message from the Presi- calls. dent wherein he transmitted his report concerning Adjournment: Met at 12:30 p.m. and adjourned at the continuation of the national emergency with re- 10:16 p.m. spect to the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Bosnian Serb Forces—re- ferred to the Committee on International Relations Committee Meetings and ordered printed (H. Doc. 105–87); Page H3208 LABOR-HHS-EDUCATION Generalized System of Preferences re Cambodia: APPROPRIATIONS Read a message from the President wherein he trans- Committee on Appropriations: Subcommittee on Labor, mitted his report concerning the designation of Health and Human Services, and Education contin- Cambodia as a least developed beneficiary developing ued appropriation hearings. Testimony was heard country under the Generalized System of Preferences from Members of Congress. program—referred to the Committee on Ways and Means and ordered printed (H. Doc. 105–88); FINANCIAL MODERNIZATION Page H3219 Committee on Banking and Financial Services: Continued National Emergency re Federal Republic of hearings on Financial Modernization, including H.R. Yugoslavia and the Bosnian Serb Forces: Read a 10, Financial Services Competitiveness Act of 1997. message from the President wherein he transmitted Testimony was heard from the following officials of D558 CONGRESSIONAL RECORD — DAILY DIGEST June 3, 1997 the Department of the Treasury: Robert E. Rubin, bate equally divided and controlled between the Secretary; and John D. Hawke, Jr., Under Secretary. chairman and ranking minority member of the Com- GOVERNMENT PERFORMANCE AND mittee on International Relations. The rule provides RESULTS ACT for consideration of the bill for amendment under the five-minute rule. The rule allows the Chairman Committee on Government Reform and Oversight, Sub- of the Committee of the Whole to postpone votes committee on Government Management, Informa- during consideration of the bill and to reduce to five tion, and Technology held a hearing on Government minutes on a postponed question if the vote follows Performance and Results Act: Status and Prospects of a fifteen minute vote. The rule also provides one mo- the Results Act. Testimony was heard from John Koskinen, Deputy Director, Management, OMB; and tion to recommit, with or without instructions. Sec- L. Nye Stevens, Director, Federal Management and tion 2 of the rule provides for consideration in the Workforce Issues, General Government Division, House of H.R. 1758, to ensure that the enlargement GAO. of the North Atlantic Treaty Organization (NATO) proceeds in a manner consistent with United States FEDERAL PROPERTY AND interests, to strengthen relations between the United ADMINISTRATIVE SERVICES ACT States and Russia, and to preserve the prerogatives of AMENDMENTS the Congress with respect to certain arms control Committee on Government Reform and Oversight: Sub- agreements under a closed rule. The rule provides committee on Government Management, Informa- one hour of debate equally divided and controlled by tion, and Technology held a hearing on H.R. 404, the chairman and ranking minority member of the to amend the Federal Property and Administrative Committee on International Relations. The rule pro- Services Act of 1949 to authorize the transfer to vides one motion to recommit which may include State and local governments of certain surplus prop- instructions. Section 3 of the rule provides that in erty for use for law enforcement or public safety pur- the engrossment of H.R. 1757, the Clerk shall await poses. Testimony was heard from Senator Feinstein; the disposition of H.R. 1758 pursuant to section 2 Representatives Calvert and Bono; Gordon Creed, of the rule; add the test of H.R. 1758, as passed by Deputy Assistant Commissioner, Public Buildings the House, as a new matter of the end of H.R. Service, GSA; and public witnesses. 1757; and make conforming and designation changes PRIVATE CLAIMS AND IMMIGRATION to the titles within the engrossment. Section 3 also MEASURES provides that upon the addition of the text of H.R. Committee on the Judiciary: Subcommittee on Immi- 1758 to the engrossment of H.R. 1757, H.R. 1758 gration and Claims met and considered private shall be laid on the table. Testimony was heard from claims and immigration measures. Chairman Gilman, Representatives Goodling, Smith of New Jersey, Rohrabacher, Kim, Fox of Pennsylva- OVERSIGHT-INTERNATIONAL TRADE IN nia, Packard, Callahan, Kolbe, Hefley, Cox of Cali- ENDANGERED SPECIES fornia, Stearans, Lazio, Mica, Miller of Florida, Committee on Resources: Subcommittee on Fisheries Scarborough, Weldon of Florida, Snowbarger, Ham- Conservation, Wildlife and Oceans held an oversight ilton, Vento, Frank of Massachusetts, Kennedy of hearing on the CITES (Convention on International Massachusetts, Traficant, Pallone, Condit, Engel, Trade in Endangered Species of Wild Fauna and Moran of Virginia, Barcia, Brown of Florida, and Flora) meeting. Testimony was heard from David J. Jackson-Lee of Texas. Barry, Acting Assistant Secretary, Fish and Wildlife f and Parks, Department of the Interior. FOREIGN RELATIONS AUTHORIZATION NEW PUBLIC LAWS ACT FOR FY 1998–99 AND EUROPEAN (For last listing of Public Laws, see DAILY DIGEST p. D512) SECURITY ACT OF 1997 H.R. 1650, to authorize the President to award a Committee on Rules: Granted, by a vote of 9 to 4, an gold medal on behalf of the Congress to Mother Te- open rule providing for the consideration of H.R. resa of Calcutta in recognition of her outstanding 1757, to consolidate international affairs agencies and enduring contributions through humanitarian and to authorize appropriations for the Department and charitable activities. Signed June 2, 1997. (P.L. of State and related agencies for fiscal years 1998 105–16) and 1999. The rule provides one hour of general de- June 3, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D559 COMMITTEE MEETINGS FOR and Criminal Justice, hearing and markup of H.R. 1553, WEDNESDAY, JUNE 4, 1997 to amend the President John F. Kennedy Assassination Records Collection Act of 1992 to extend the authoriza- (Committee meetings are open unless otherwise indicated) tion of the Assassination Records Review Board until Senate September 30, 1998, 12:00 p.m., 2154 Rayburn. Committee on the Judiciary, oversight hearing on the Committee on Appropriations, Subcommittee on Defense, to hold hearings on proposed budget estimates for fiscal Antitrust Aspects of Electricity Deregulation, 9:30 a.m., year 1998 for the Department of Defense, 9 a.m., 2141 Rayburn. SD–192. Committee on National Security, Merchant Marine Panel, Committee on Commerce, Science, and Transportation, Sub- to mark up H.R. 1119, National Defense Authorization committee on Aviation, to hold hearings on the status of Act for Fiscal Years 1998 and 1999, 3:00 p.m., 2216 bilateral aviation negotiations between the United States Rayburn. and the United Kingdom, 2 p.m., SR–253. Morale, Welfare and Recreation Panel, to mark up Committee on Environment and Public Works, to hold hear- H.R. 1119, National Defense Authorization Act for Fiscal ings on the nomination of Michael J. Armstrong, of Colo- Years 1998 and 1999, 1:00 p.m., 2212 Rayburn. rado, to be an Associate Director of the Federal Emer- Subcommittee on Military Installations and Facilities, gency Management Agency, 9:30 a.m., SD–406. to mark up H.R. 1119, National Defense Authorization Committee on the Judiciary, to hold oversight hearings on Act for Fiscal Years 1998 and 1999, 4:00 p.m., 2212 the Federal Bureau of Investigation, Department of Jus- Rayburn. tice, 9 a.m., SD–226. Committee on Science, Subcommittee on Space and Aero- Committee on Small Business, to hold hearings to examine nautics, to continue hearings on the Commercial Space small business perspectives on mandates, paperwork, and Act of 1997: Commercial Remote Sensing, Part II, 1 regulation, 9:30 a.m., SR–428A. p.m., 2318 Rayburn. Select Committee on Intelligence, to hold closed hearings on Committee on Transportation and Infrastructure, Sub- intelligence matters, 2:30 p.m., SH–219. committee on Public Buildings and Economic Develop- ment, hearing and markup of H.R. 1747, John F. Ken- House nedy Center Parking Improvement Act of 1997, 9 a.m., Committee on Commerce, to mark up the following bills: 2253 Rayburn. H.R. 848, to extend the deadline under the Federal Committee on Veterans’ Affairs, hearing on H.R. 699, the Power Act applicable to the construction of the AuSable Military Voting Rights Act of 1997, 9:30 a.m., 334 Can- Hydroelectric Project in New York; H.R. 1184, to ex- non. tend the deadline under the Federal Power Act for the Committee on Ways and Means, Subcommittee on Health, construction of the Bear Creek hydroelectric project in to mark up budget reconciliation health recommenda- the State of Washington; H.R. 1217, to extend the dead- tions, 4 p.m., 1100 Longworth. line under the Federal Power Act for the construction of a hydroelectric project located in the State of Washing- Joint Meetings ton; and H.R. 1277, Department of Energy Civilian Re- Conferees, on H.R. 1469, making emergency supple- search and Development Act of 1997, 10 a.m., 2123 mental appropriations for recovery from natural disasters, Rayburn. and for overseas peacekeeping efforts, including those in Committee on Government Reform and Oversight, Sub- Bosnia, for the fiscal year ending September 30, 1997, 1 committee on National Security, International Affairs, p.m., SC–5, Capitol. D560 CONGRESSIONAL RECORD — DAILY DIGEST June 3, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Wednesday, June 4 12 noon, Wednesday, June 4

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of H. Res. 159, ation of S. 4, Family Friendly Workplace Act, with a the rule providing for consideration of both H.R. 1757 vote on a motion to close further debate on the modified and H.R. 1758; committee amendment to occur thereon. Consideration of H.R. 1757, Foreign Relations Author- ization Act for FY 1998–99 (open rule, 1 hour of debate); and Consideration of H.R. 1758, European Security Act of 1997 (closed rule, 1 hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Goodling, William F., Pa., –E1094 Rivers, Lynn N., Mich., –E1099 Hamilton, Lee H., Ind., –E1076, E1081 Sanders, Bernard, Vt., –E1095 Bonior, David E., Mich., –E1087 Hastings, Alcee L., Fla., –E1087 Saxton, Jim, N.J., –E1088 Brown, George E., Jr., Calif., –E1093 Kildee, Dale E., Mich., –E1078 Serrano, Jose´ E., N.Y., –E1075, E1080, E1082 Bunning, Jim, Ky., –E1099 Kleczka, Gerald D., Wisc., –E1078, E1080 Shadegg, John B., Ariz., –E1093 Conyers, John, Jr., Mich., –E1084 Kucinich, Dennis J., Ohio, –E1078, E1081 Sherman, Brad, Calif., –E1089 DeLay, Tom, Tex., –E1090 Lantos, Tom, Calif., –E1076, E1079, E1082 Shuster, Bud, Pa., –E1094 Deutsch, Peter, Fla., –E1087 Lipinski, William O., Ill., –E1087 Skelton, Ike, Mo., –E1080 Dreier, David, Calif., –E1096 Lofgren, Zoe, Calif., –E1097 Snowbarger, Vince, Kan., –E1096 Everett, Terry, Ala., –E1087 McGovern, James P., Mass., –E1089 Solomon, Gerald B.H., N.Y., –E1091 Fawell, Harris W., Ill., –E1088 Manton, Thomas J., N.Y., –E1091 Stark, Fortney Pete, Calif., –E1075, E1080, E1082 Foglietta, Thomas M., Pa., –E1098 Meek, Carrie P., Fla., –E1088 Taylor, Charles H., N.C., –E1100 Frelinghuysen, Rodney P., N.J., –E1094 Morella, Constance A., Md., –E1075, E1098 Torres, Esteban Edward, Calif., –E1088 Gekas, George W., Pa., –E1092 Pascrell, Bill, Jr., N.J., –E1084, E1098, E1099 Waxman, Henry A., Calif., –E1093 Gephardt, Richard A., Mo., –E1098 Portman, Rob, Ohio, –E1079, E1081 Woolsey, Lynn C., Calif., –E1099

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