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

Vol. 141 WASHINGTON, THURSDAY, DECEMBER 7, 1995 No. 194 House of Representatives

The House met at 11 a.m. and was Pursuant to clause 1, rule I, the Jour- nation of Federal reporting require- called to order by the Speaker pro tem- nal stands approved. ments’’ with an amendment. pore [Mr. SHAW]. Mr. GUTKNECHT. Mr. Speaker, pur- The message also announced that f suant to clause 1, rule I, I demand a pursuant to Public Law 99–83, the vote on agreeing to the Speaker’s ap- Chair, on behalf of the President pro DESIGNATION OF THE SPEAKER proval of the Journal. tempore, appoints Rabbi Chaskel PRO TEMPORE The SPEAKER pro tempore. The Besser, of New York, E. William The SPEAKER pro tempore laid be- question is on the Chair’s approval of Crotty, of Florida, and Ned Bandler, of fore the House the following commu- the Journal. New York, to the Commission for the nication from the Speaker: The question was taken; and the Preservation of America’s Heritage WASHINGTON, DC, Speaker pro tempore announced that Abroad. December 7, 1995. the ayes appeared to have it. f I hereby designate the Honorable E. CLAY Mr. GUTKNECHT. Mr. Speaker, I ob- ANNOUNCEMENT BY THE SPEAKER SHAW, JR., to act as Speaker pro tempore on ject to the vote on the ground that a PRO TEMPORE this day. quorum is not present and make the NEWT GINGRICH, point of order that a quorum is not The Chair will entertain twenty 1- Speaker of the House of Representatives. present. minute speeches on each side. f The SPEAKER pro tempore. Pursu- f PRAYER ant to clause 5, rule I, further proceed- WELCOME TO BISHOP DWIGHT ings on this question are postponed. Bishop Dwight Pate, Church Point PATE The point of no quorum is considered Ministries, Baton Rouge, LA, offered withdrawn. (Mr. FIELDS of Louisiana asked and the following prayer: was given permission to address the f God the Father and Creator of man- House for 1 minute and to revise and kind, on this seventh day of December, PLEDGE OF ALLEGIANCE extend his remarks.) nineteen hundred and ninety-fifth year The SPEAKER pro tempore. Will the Mr. FIELDS of Louisiana. Mr. Speak- of our Lord, we come with thanks- gentleman from Georgia [Mr. LINDER] er, I rise this morning to introduce to giving in our heart, and a mouth full of come forward and lead the House in the the House and to the American people praise for You allowing us another day Pledge of Allegiance. a man who has had a great impact on to carry out Your appointments on this Mr. LINDER led the Pledge of Alle- many lives through his good work, his Earth. giance as follows: teaching, and his message of good will. We acknowledge here in this great Bishop Dwight Pate is from my home I pledge allegiance to the Flag of the House that every good and perfect gift United States of America, and to the Repub- of Baton Rouge, LA, where he leads comes from the Father of light. Grant lic for which it stands, one nation under God, Church Point Ministries, a large unto us knowledge and wisdom to indivisible, with liberty and justice for all. church of over 4,000 members, as well judge ourselves. Grant unto us the un- f as an academy where teaching prepares derstanding to govern our daily affairs. and inspires many people who have lost Touch our hearts to be true laborers MESSAGE FROM THE SENATE their way to live meaningful and good together for the cause of uniting the A message from the Senate by Mr. lives. Homeless people, those addicted Nation. Because where there is unity Lundegran, one of its clerks, an- to drugs, and all who have lost their there is strength. Let Your counsel of nounced that the Senate had passed way in our society can find the path to freedom flow like rivers of anointed oil with an amendment a bill of the House healing through Bishop Pate’s min- for where Your spirit is there is always of the following title: istry. Bishop Pate’s hard work has liberty. Amen, amen. H.R. 660. An act to amend the Fair Housing built an institution that is invaluable f Act to modify the exemption from certain to his community, and his teaching has familial status discrimination prohibitions healed and inspired. His ministry THE JOURNAL granted to housing for older persons. brings his community together for wor- The SPEAKER pro tempore. The The message also announced that the ship and dedication to make their lives Chair has examined the Journal of the Senate agrees to the amendment of the better. last day’s proceedings and announces House to the bill (S. 790) ‘‘An Act to His work is the work that helps make to the House his approval thereof. provide for the modification or elimi- America great. I want to thank Bishop

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.

H 14175 H 14176 CONGRESSIONAL RECORD — HOUSE December 7, 1995 Pate for his great service and welcome poena and also states the committee I applaud the committee for finally him to the U.S. Congress. shall not countermand or interfere taking the step of moving to instill f with the outside counsel’s ability to more confidence in their deliberations. take steps necessary to conduct a full I do believe, however, that they must IT IS TIME TO DEBATE THE REAL and fair investigation. give the outside counsel the latitude to ISSUES AND STOP ENGAGING IN We cannot have a double standard, put to rest all the issues that have POLEMICS and that is all we ask for, Mr. Speaker. been raised. To do something other (Mr. WALKER asked and was given f than that is to do different than we did permission to address the House for 1 when Speaker Wright was in the com- minute.) WE SHOULD WORK TOGETHER TO SOLVE THE NATION’S PROBLEMS mittee’s deliberations, and would be, I Mr. WALKER. Mr. Speaker, for much think, unfortunately a truncated ap- of this year this House has reverber- (Mr. BOEHNER asked and was given proach to getting this Congress beyond ated with speeches condemning fellow permission to address the House for 1 the cult of personality and back to Members of Congress and other fellow minute and to revise and extend his re- work. figures. Many of those speeches have marks.) f bordered on hate. Some people on my Mr. BOEHNER. Mr. Speaker, for side of the aisle have used language more than 13 months there has been an ETHICS PROCESS BEING ABUSED against the President that has been in- orchestrated campaign to demonize the FOR POLITICAL GAIN appropriate. On the minority side of Speaker. I think that this campaign (Mr. DELAY asked and was given per- the aisle, the speeches against the that has gone on to try to destroy him mission to address the House for 1 Speaker have been filled with venom. is unfortunate. Of the 65 specific alle- minute and to revise and extend his re- The fact is that we are going to have gations that were made in the com- marks.) political differences over issues and plaints to the Committee on Ethics Mr. DELAY. Mr. Speaker, to compare policies. We should debate vigorously about the Speaker, all were technically the Wright investigation to the Ging- those matters. But in the citadel of de- dismissed or fully dismissed except rich investigation is like comparing a mocracy there should be much more ci- one. gnat to a hippopotamus. Of that one, there has been a special vility than we have seen this year. Last night, the Ethics Committee Those of you who wanted the Com- investigator brought in to work with unanimously dismissed 64 of 65 allega- mittee on Ethics to report on the the subcommittee to look at that one tions against Speaker NEWT GINGRICH. Speaker, they have. Can we now stop narrow little charge, which a former Both Republicans and Democrats con- the personal vilification? Can the lead- IRS commissioner has already sug- cluded that most of these charges were ership on both sides of the aisle begin gested to both the Speaker and others unwarranted, unnecessary, and not policing our own ranks to stop Mem- is no violation whatsoever. bers from using the House floor to Mr. Speaker, I think all of us have an worthy of further investigation. The 65th charge is narrowly focused vilify each other or express personal obligation to ourselves and an obliga- hatreds? tion to this institution to be honest on a technical tax law that requires an Many of us, myself included, have en- and to be forthright and to make sure outside expert to investigate. And even gaged in polemics on this floor. If what that the integrity of the institution is this charge has been found to be base- I have said in the past has been offen- maintained. The politicization of the less by a former commissioner of the sive to someone, then I intend to lower Committee on Ethics over this last Internal Revenue Service. my voice and stick to debating the real year I think is unfortunate, because Let there be no mistake. This effort issues, like balancing the budget. I these issues have been resolved by five to destroy NEWT GINGRICH is not about would hope that others will do the Democrats and five Republicans work- finding the truth. It was not about dis- same. It is time to stop anything that ing together, and together we can all covering the facts behind his book deal. can be interpreted as meanness, venom, continue to work to solve the Nation’s Those allegations were dismissed. or hate. problems. It was not about his college lectures. f f Those allegations were dismissed. This is an effort to change the sub- WE CANNOT HAVE A DOUBLE BRING BIPARTISANSHIP BACK TO ject, as Republicans try to change the STANDARD DELIBERATIONS country for the better. At great ex- (Mr. JOHNSTON of Florida asked and (Mr. FAZIO of California asked and pense and great fanfare, liberal Demo- was given permission to address the was given permission to address the crats have abused the ethics process for House for 1 minute and to revise and House for 1 minute and to revise and political gain. extend his remarks.) extend his remarks.) f Mr. JOHNSTON of Florida. Mr. Mr. FAZIO of California. Mr. Speak- PUTTING CREDIBILITY BACK INTO Speaker, I rise in somewhat response er, I spent 8 years on the Committee on HOUSE OF REPRESENTATIVES to the gentleman from Pennsylvania Ethics and part of that time during the [Mr. WALKER] and I agree with the hate investigation of former Speaker (Mr. PETERSON of Florida asked and venom, but I want to point out Wright. I have not chosen to speak on and was given permission to address that the gentleman from Florida [Mr. the issue of the Speaker and his in- the House for 1 minute and to revise PETERSON] and I had a privileged reso- volvement with that committee until and extend his remarks.) lution on this floor that had no hate or this very moment. Mr. PETERSON of Florida. Mr. venom. It was rather innocuous, mere- It seems to me that if we want to re- Speaker, finally. Fourteen months we ly calling for a report from the Com- store comity to the institution, to have waited patiently. We asked that mittee on Ethics. bring bipartisanship back to our delib- we have a report. We asked the Com- That was voted down twice, without erations, to take some of the poison mittee on Ethics to do what it was sup- debate, on a motion to table. I am here out of the atmosphere, this issue needs posed to do, to rule on the ethical con- really to point out to you the double to be resolved and fully resolved within duct of its Members. That is its obliga- standard, and I have a news release the confines of that committee. tion. from the Speaker of the House in 1988 I have tremendous respect for the in- We finally have them acting, and I calling for a special counsel, in which dividuals who serve all of the institu- applaud their action. And I applaud he states that the outside counsel shall tion by putting time in, together, day today some of the Members stepping have full authority to investigate and after day, in that room. But until the forward and saying ‘‘Hey, this is a new present evidence and arguments before issue is resolved, because of the nature day. Let’s go forward with some bipar- the Committee on Ethics concerning of the speakership, by an outside coun- tisanship.’’ Let us stop the rancor on the questions arising out of the activi- sel, we will not be able to get beyond this floor. Let us put credibility back ties of House Speaker Jim Wright. this very difficult point that we seem into this institution. But let us not for- He goes on to say that the special to be hung up on today, and have been, get that the Speaker is not immune to counsel should have the right of sub- frankly, for most of this year. review from his ethical behavior. December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14177 Three guilty verdicts, one dismissed, And the latest chapter: the Speaker’s rica, and many thousands are being one to be investigated, one pending. We sharp rebuke by the Ethics Committee. slaughtered in Rwanda, the United Na- are all in here together. The Commit- We Democrats are the party of FDR’s tions is immersed in animal husbandry. tee on Ethics is our committee. It is a New Deal that gave America economic If that is not enough to bust your membership committee. It is our grand security. Today’s Republicans are the chops, while the United Nations is jury. I regret we have had to bring party of the Newt Deal—a shady book studying the ham hocks of Croatian pressure to bear for them to act, to do deal to give himself economic security. curly-haired pigs, with American tax what they were asked to do in the first We are the party of Harry Truman who dollars, I might add, American troops place. This is a time to move forward said the ‘‘Buck Stops Here.’’ The Ging- are landing in Bosnia. in a more bipartisan and a more ethical rich party tells GOPAC contributors Mr. Speaker, I say the United Na- process. ‘‘The Bucks better get here’’ if you tions has officially become the mother f want any help. of all pork. I question on the House Democrats are the party of JFK’s floor today, I want to know what they MORE IDEAS NEEDED FROM ‘‘Camelot’’—today’s Republicans are are using to smoke those hams with. I WHITE HOUSE ON BALANCING the party of ‘‘Scam-a-lot,’’ as one Ging- think they are using something that is BUDGET rich ethics scam after another comes an illegal contraband everywhere in (Mr. HAYWORTH asked and was to light. the world. given permission to address the House Republicans try to defend the Speak- With that, I yield back the balance of for 1 minute and to revise and extend er’s millions in illegal contributions. all of the rest of this pork. Beam me his remarks.) We Democrats will defend millions of up, Mr. Speaker. Mr. HAYWORTH. Mr. Speaker, it is Americans looking for a better life. f without venom or vitriol that I rise f DEMOCRATS VOW TO GET EVEN today to respectfully suggest that the WITH SPEAKER GINGRICH major story in Washington yesterday b 1115 (Mr. BALLENGER asked and was took place not here, but at the other STRUGGLING OVER THE BUDGET given permission to address the House end of Pennsylvania Avenue, where the for 1 minute and to revise and extend President of the United States again (Mr. TIAHRT asked and was given permission to address the House for 1 his remarks.) opted for showmanship over statesman- Mr. BALLENGER. Mr. Speaker, re- ship, wielding Lyndon Johnson’s pen minute and to revise and extend his re- marks.) member back when Speaker Jim from 1965, the pen LBJ used to sign the Wright had to resign from Congress due Medicare Act even as the current Mr. TIAHRT. Mr. Speaker, today is December 7 and we remember that this to his ethics problems? Remember President was vetoing the Balanced when the Democratic whip, Tony Coel- Budget Act of 1995. And, in doing so, is Pearl Harbor day. It was the begin- ning of the World War II struggle in ho, had to resign from Congress due to again the President opted for fear over his ethics problems? Back in 1989 the facts, when he talked about nonexist- the Pacific. Today we are starting an- other struggle over the budget. The Democrats held NEWT GINGRICH respon- ent cuts in the Medicare budget. That sible for Wright and Coelho and vowed simply was not true. President’s budget is now available. It is hot off the presses, and I am very op- to get even with him, saying they Mr. Speaker, I would respectfully would destroy GINGRICH if it is the last suggest that the President of the Unit- timistic. I hope it is as close to the 7- year Republican plan as the President’s thing we do. ed States and his Cabinet-level officials Well, we have to give the Democrats Medicare plan is to the Republican get out a sharpened pencil, instead of credit for trying to do just that. Major- Medicare plan. LBJ’s pen, and go to work formulating ity whip Bill Alexander filed 467 ethics According to James Glassman of the a plan to get us to a balanced budget in charges against Speaker GINGRICH in 7 years, because a sharpened pencil is Washington Post, the expenditures in 1989. All charges were resolved. This what American families use around the the President’s Medicare plan in 2002 is year the Democrats filed 65 charges within 2 percentage points of the Re- kitchen table to decide how they are against Speaker GINGRICH and all but 1 going to spend money. publican plan, 1.6 percent, actually. I has been resolved by the nonpartisan And, oh, yes, Mr. Speaker, one unin- am sure all of us have heard about the Committee on Standards of Official tended act of symbolism: When the massive $270 billion cuts to Medicare. Conduct. The last charge involves a President reached for LBJ’s pen, there Well, the President’s plan is within 2 complex Tax Code which an outside was no ink in the well. There are no percentage points. counsel will look at. ideas coming from the White House, Mr. Speaker, let us get to the truth Mr. Speaker, it is time to quit all nor from the minority. of the matter. After all, telling the these ridiculous character assassina- f truth is one of the Ten Command- tions and get down to the legislative ments. We should move beyond this business at hand and work on bal- DEFENDING AMERICANS LOOKING cheap talk. If the President’s plan is ancing the budget. FOR A BETTER LIFE that close, 1.6 percent, then maybe we f (Mr. GUTIERREZ asked and was can reach an agreement on the 7-year given permission to address the House balanced budget plan. Then we will do EAST TIMORESE SUBJECT TO for 1 minute and to revise and extend what the American public wants, what WORST HUMAN RIGHTS VIOLA- his remarks.) the Congress wants, we will do the TIONS IN THE WORLD Mr. GUTIERREZ. Mr. Speaker, after right thing and balance the budget in 7 (Mr. KENNEDY of Rhode Island the President’s wise veto of the radical years. asked and was given permission to ad- right budget, NEWT GINGRICH tried to f dress the House for 1 minute and to re- bash the Great Society. vise and extend his remarks.) Well, I wonder if GINGRICH even UNITED NATIONS SEEKS PROTEC- Mr. KENNEDY of Rhode Island. Mr. wants a good society. TION FOR CROATIAN CURLY- Speaker, 20 years ago today the small A good society protects the health HAIRED PIG emerging nation of East Timor was and welfare of its most vulnerable—the (Mr. TRAFICANT asked and was brutally invaded by the nation of Indo- Gingrich society hangs them out to given permission to address the House nesia. Over the past 20 years, the peo- dry. for 1 minute and to revise and extend ple of East Timor have been subject to But the Speaker thinks he can get his remarks.) some of the worst abuses of human away with that rhetoric since he used Mr. TRAFICANT. Mr. Speaker, after rights in the world. More than 200,000 to be a history professor. an expensive study on endangered farm East Timorese, almost one-third of Well, let’s talk history: the proud animals, the United Nations has deter- their entire population, have been history of the Democratic party—and mined that the world must protect the killed or have died from starvation compare it with the sad history being Croatian curly-haired pig. That is after being forced from their villages written by today’s GOP. right, while millions are starving in Af- by Indonesia. H 14178 CONGRESSIONAL RECORD — HOUSE December 7, 1995 Mr. Speaker, this attack cannot be That is very serious. One is still pend- ference on AIDS, participants who countenanced. This violence must end. ing, and there are more supposedly made it clear that his proposal will be That is why today, with my colleague coming to be filed. I think these are devastating for people with AIDS. I from New York, Mrs. LOWEY, I am in- very serious. We should not play par- wonder if my colleagues know, Mr. troducing the East Timor Human tisan politics with this, and this is not Speaker, that half of all people with Rights Accountability Act. This bill get-even time. The Democrats don’t HIV and AIDS in my home State of simply says that no United States aid have to do anything to Speaker GING- California rely on Medicaid for health to Indonesia can be used to further the RICH. All we have to do is stand back coverage? Destroy the Medicaid safety occupation of East Timor or to violate and let NEWT be NEWT. He is doing it, net and people with AIDS will be de- the human rights of the people of East and I think it is really causing great nied treatment and care and will be Timor. If it is, this aid will end. trouble. forced into expensive hospital emer- Mr. Speaker, I thank my colleague f gency rooms. from New York for joining me and I Mr. Speaker, listen to persons with COMMITTEE ON STANDARDS OF urge my colleagues on both sides of the HIV and AIDS, listen to the American OFFICIAL CONDUCT PROVIDED aisle to join me in sponsoring this leg- Medical Association, listen to seniors, THOUGHTFUL AND THOROUGH islation. women, and children. Do not pay for CONSIDERATION OF COMPLAINTS f special interest taxes by taking away AGAINST SPEAKER DEMOCRATS SEEK TO DESTROY health care from the most vulnerable (Ms. DUNN of Washington asked and RATHER THAN FIGHT IDEAS OF Americans. was given permission to address the SPEAKER GINGRICH f House for 1 minute and to revise and (Mr. LINDER asked and was given extend her remarks.) LET US NOT PLAY POLITICS BUT permission to address the House for 1 Ms. DUNN of Washington. Mr. Speak- BALANCE THE BUDGET BY 2002 minute and to revise and extend his re- er, I want to commend the gentle- (Mr. SMITH of Michigan asked and marks.) woman from Connecticut, Congress- was given permission to address the Mr. LINDER. Mr. Speaker, last woman NANCY JOHNSON, and her bipar- House for 1 minute and to revise and evening the Committee on Standards of tisan Committee on Standards of Offi- extend his remarks.) Official Conduct, as we have heard, dis- cial Conduct for the thoughtful and Mr. SMITH of Michigan. Mr. Speak- missed 64 of the 65 allegations against thorough job that they did, the thor- er, I thought today with the Presi- our Speaker. There will be more to ough consideration, and the fact that dent’s budget coming out it would be a come. This has been a systematic effort they threw out 64 of these 65 com- new sort of ‘‘Honesty In Congress to destroy an individual rather than plaints against our Speaker. Day,’’ but I see the rhetoric has shifted fight his ideas. There will be more to I want to be clear also, Mr. Speaker. from facts and figures and how we come. Ethics charges are serious charges, and The gentleman from Florida who achieve a balanced budget to character they should not be used for partisan assassination. spoke, Mr. JOHNSTON, who has been putting the privileged resolution on purposes. So I am delighted the com- Mr. Speaker, I think it is a joyous the floor that has been tabled twice, mittee has declared in a unanimous bi- day for some of us, as we see the Presi- was quoted in his own hometown paper partisan report that 64 of the 65 dent’s budget that is going to turn out in Florida as having said I am part of charges are dismissed. And the last very close to what the Republicans a small group that meets weekly to charge, which was a matter of tax ex- have proposed, if we are going to reach pour over everything the Speaker says empt status for a university, will be that balanced budget in 7 years. I look to find where we can file ethics charges observed by an outside adviser. at Jim Glassman’s column today. It Mr. Speaker, the fact is that Demo- against him. says it is scandalous how close Con- This is an old story. We have heard it crats are on the wrong side of history. gress and President Clinton actually said here that in 1989 they said, and I Their ideas have been rejected by the are on the key elements of the Federal American people and their institutions quote, ‘‘We will destroy GINGRICH if it budget. If Americans understood these is the last thing we do’’. There will be are the cause of our $5 trillion national numbers, they would be outraged. more to come. debt. The liberalism they have de- I look at the New York Times article Mr. Speaker, we are proud that the fended for a generation has left a leg- that says White House documents re- Speaker can stick to his issues and the acy of debt, a culture of dependence veal similarities in the GOP plans for ideas. It is unfortunate that the other and the breakdown of our American Medicare. Mr. Glassman says, ‘‘In my side is not willing to engage the ideas. families. As they see it, the only hope own judgment, it is,’’ that lack of the f left to them as a party is to destroy deal, is Clinton’s fault. one man’s character. It is wrong, it Mr. Speaker, there is closeness to HISTORY BEING REWRITTEN RE- will not work, and the Committee on this agreement. Let us get together. GARDING COMPLAINTS FILED Standards of Official Conduct report Let us forget partisan politics. Let us AGAINST SPEAKER proves it. get a balanced budget by 2002. (Mrs. SCHROEDER asked and was f f given permission to address the House SPEAKER’S PLAN TO ABOLISH PRESIDENT VETOED BUDGET for 1 minute and to revise and extend MEDICAID IS BAD IDEA THAT MADE DEVASTATING CUTS her remarks.) IN MEDICAID AND MEDICARE Mrs. SCHROEDER. Mr. Speaker, his- (Ms. WOOLSEY asked and was given tory is being rewritten down here in permission to address the House for 1 (Mr. GENE GREEN of Texas asked this well today. I want to tell my col- minute and to revise and extend her re- and was given permission to address leagues that when I listen to the other marks.) the House for 1 minute and to revise side, I have heard of putting lipstick on Ms. WOOLSEY. Mr. Speaker, when is and extend his remarks.) pigs, but they are really going crazy Speaker GINGRICH going to get it? His Mr. GENE GREEN of Texas. Mr. this morning. plan to abolish Medicaid is a bad idea. Speaker, I am glad to hear my Repub- Now, the way I see it is, there were 6 He is not listening to seniors, seniors lican colleagues defending Speaker complaints filed, not 65. Six com- who will lose their long-term nursing GINGRICH today. You heard that right. plaints. Three of them he was declared home care. He is not listening to the They are defending the Speaker they guilty by the bipartisan Committee on American Medical Association, who elected earlier this year. But that is Standards of Official Conduct. Guilty, warned him this week not to end the not what I am here to talk about, I am guilty, guilty. Three complaints. Federal guaranty to health care cov- here to say I am proud that the Presi- Please, let us not rewrite what has erage for low-income women and for dent vetoed the Republican budget yes- been done. It is a record of this House. children. terday with the same pen Lyndon On one of the others, they moved to Let us hope he listens to the partici- Baines Johnson signed Medicare and get a special counsel to look into it. pants at yesterday’s White House con- Medicaid into law, because he believes December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14179 that the deep and devastating cuts in an attempt by you to capitalize on your of- tion to this Nation to make education Medicare, education, and tax increases fice. At a minimum, this creates the impres- accessible to everyone. We need only to on working families is not in line with sion of exploiting one’s office for personal examine the benefits of the GI edu- the priorities that Americans have set. gain. Such a perception is especially trou- cational law that offered educational bling when it pertains to the office of the Thank the Lord he vetoed that bill. Speaker of the House, a constitutional office opportunities for the hundreds of thou- The budget made devastating cuts in requiring the highest standards of ethical be- sands of GI’s, who would not have ob- Medicare and Medicaid in order to fi- havior. tained college education if this pro- nance a tax break, a tax break before Mr. Speaker, this is not back water, gram was not provided by the Con- we even balance the budget. It was un- stump water politics or partisan poli- gress. acceptable and I am proud the Presi- tics. Both Democrats and Republicans Mr. Speaker, I believe all Americans dent did that. agree there is a problem. We now have should go into the 21st century with Now that the budget has been vetoed, a special counsel. We will leave it to every opportunity to succeed. I believe let us do what my colleagues said, let him to look into the details. we should give all Americans an oppor- us get about balancing the budget in a tunity to enhance their skills, further fair way. Democrats and Republicans f obtain educational knowledge to pre- alike agreed in a continuing resolution CHEAP SHOT AT CBO pare themselves adequately for the job to balance the budget in a way that market. (Mr. BARTLETT of Maryland asked protects Medicare, education, the envi- If you take away this opportunity— and was given permission to address ronment, and working Americans. Let you cut the chances for anyone to suc- the House for 1 minute and to revise us do that bipartisanly and we can ceed. You make it that much more dif- and extend his remarks.) have a balanced budget for all of Amer- ficult to the average person to make Mr. BARTLETT of Maryland. Mr. ica. ends meet. Speaker, relevant to the President I urge my colleagues to think seri- f vetoing the only balanced budget in a ously about the ramifications of this generation for reasons that do not hold PROFESSIONAL CHARACTER $4.5 billion cut to education and job- water Americans should note an edi- ASSASSINATION training programs and give our chil- torial entitled ‘‘Cheap Shot’’ in yester- dren, families a break for the future. (Mr. GUTKNECHT asked and was day’s Washington Post. given permission to address the House f for 1 minute and to revise and extend Senator Minority Leader Tom Daschle has recklessly attacked—without foundation and PRESIDENT’S VETO OF BALANCED his remarks.) for the cheapest of political reasons—one of BUDGET Mr. GUTKNECHT. Mr. Speaker, for the most valuable institutions in the govern- the past year a small number of Mem- ment. His problem is with the Congressional (Mrs. CHENOWETH asked and was bers of this body have been involved in Budget Office. It was set up in 1974 to fill a given permission to address the House what can only be described as profes- void by providing Congress with dispassion- for 1 minute.) sional character assassination. It is an ate, nonpartisan analysis on which to base Mrs. CHENOWETH. Mr. Speaker, I example of classic stump water poli- budget decisions. It has steadily done so . . . find it interesting that one of our col- tics. That is where you throw what is and in the process greatly strengthened Con- leagues spoke about the fact that the gress as an institution while elevating the handy and you stress what sticks. Well, President vetoed the balanced budget annual debate. bill yesterday that came across his they have hurled 65 charges at our Maybe someday it will fall from that high Speaker and none of them have stuck. standard. That day is not yet. But Mr. desk with the pen that was used by The only remaining issue is a technical Daschle is disappointed by one of CBO’s cur- Lyndon Johnson. tax question. rent positions . . . he is free, of course, to Mr. Speaker, what the gentleman At the Speaker’s request, we have re- say he disagrees . . . what he chose to do in- failed to say was that that pen was out mained silent concerning the withering stead . . . was smear the agency. of ink. I think that is significant. The assault on the Speaker’s character. We The remarks he made undercut the very President then dipped that pen into an process whose integrity he pretended to pro- inkwell to give it new life, and there will be silent no longer. The stump tect. They did leave a stain, but not on CBO. water politics and the professional was no ink in the inkwell. So, the character assassination must end. The f President did not veto this very impor- tant bill with Lyndon Johnson’s pen, business of this Nation must proceed. EDUCATIONAL OPPORTUNITIES but just an ordinary pen. f FOR ALL AMERICANS Mr. Speaker, in vetoing this bill, he b 1130 (Mr. FALEOMAVAEGA asked and vetoed a bill that was so incredibly im- was given permission to address the portant to the American people that ETHICAL QUESTIONS REGARDING House for 1 minute and to revise and our telephone systems in the House SPEAKER ARE REAL extend his remarks.) and the Senate experienced meltdown (Mr. WYNN asked and was given per- Mr. FALEOMAVAEGA. Mr. Speaker, because of the numerous, thousands mission to address the House for 1 I rise this morning to voice my con- and thousands of calls that came in not minute and to revise and extend his re- cerns over the education and job train- only to the House and the Senate, but marks.) ing cuts of $4.5 billion in the majority also to the White House. Mr. WYNN. Mr. Speaker, throughout party’s proposed budget. Mr. Speaker, I also want to say that this morning’s discussion, one would Yes, Mr. Speaker, $4.5 billion taken the only objection, or the only thing get the impression that the ethics out of the national education budget to that the other side of the aisle can talk questions we are considering here cover the tax breaks for our corporate about is character assassination about today are purely a matter of partisan welfare community. I am a firm be- the Speaker. politics; that is, the Democrats versus liever in education and its role in our f the Republicans as usual. society, and I have seen the success of Some people want to count the num- such programs as vocational education, ETHICAL CLOUD LINGERS OVER ber of complaints. Some people want to national student loans, and school-to- HOUSE say, well, this is stump water politics. job training programs. (Mr. DOGGETT asked and was given All I want to do is read what the bipar- Mr. Speaker, take this away from our permission to address the House for 1 tisan Democrat and Republican Com- children and our dislocated workers, minute.) mittee on Standards of Official Con- our working families, and we place our- Mr. DOGGETT. Mr. Speaker, after duct had to say, and I think the words selves back into a recession, an edu- reading the report of the House Com- will speak for themselves. cation recession. mittee on Standards of Official Con- Referring to the Speaker, they said I honestly believe, Mr. Speaker, that duct, it is little wonder that some of in a letter of December 6, 1995: this institution has an obligation to its Members drug their feet for 14 The committee strongly questions the ap- this Nation to make education afford- months, because it reflects a pattern of propriateness of what some would describe as able to everyone. We have an obliga- ethical abuse. H 14180 CONGRESSIONAL RECORD — HOUSE December 7, 1995 Charge: Misuse of the House floor for The Ethics Committee has also taken trict of Columbia was dumber. The Dis- apparently commercial purposes. Find- the long overdue step of appointing an trict of Columbia is already on the op- ing: GINGRICH guilty. Charge: Improper outside counsel or prosecutor to inves- erating table suffering an acute finan- promotion of GOPAC. Finding: GING- tigate Speaker GINGRICH and untangle cial crisis so severe that the city has a RICH guilty. Charge: Commingling of the web of nonprofit and political slush control board. Even a month-to-month political and official resources. Find- funds he directs. continuing resolution would cripple the ing: GINGIRCH guilty. In addition, the bipartisan commit- District of Columbia. Doling out And the Rupert Murdoch book deal, tee rebuked the Speaker for accepting money in small amounts makes it al- so bad that the committee on a biparti- a $4.5 million book deal from media most impossible to run a complicated san basis strongly questions the appro- mogul Rupert Murdoch. In their words: city and pay obligations on time. priateness of what some will call cap- ‘‘the committee strongly questions the Mr. Speaker, that is why a bipartisan italizing on your office and says we appropriateness of what some could de- bill, the D.C. Fiscal Protection Act, is need even a new rule because of this scribe as an attempt by you to capital- being marked up on Friday. It is the impression of exploiting one’s office for ize on your office’’. responsible and fair thing to do. personal gain. Though long overdue, the ethics com- f Now, all the GOPAC dealings, the mittee has begun the process of inves- tentacles of GOPAC, the tax-free foun- tigating the Speaker of the House. It is SUPPORT AMERICA BY SUPPORT- dations, the book deal, the college high time. ING A BALANCED BUDGET NOW course, so bad that they have called in The committee found Speaker GING- (Mr. SAM JOHNSON of Texas asked an independent counsel. Not some tax RICH guilty of violating House rules on and was given permission to address adviser from H&R Block, but an inde- three occasions. Could this be just the the House for 1 minute and to revise pendent prosecutor to get to the bot- tip of the iceberg? The special counsel and extend his remarks.) tom of this. Until that is done, an ethi- will find out for sure. Mr. SAM JOHNSON of Texas. Mr. cal cloud is going to linger over this f Speaker, last night the President ve- Congress. toed the only balanced budget seen in TIME FOR A BALANCED BUDGET f 26 years. (Mr. HERGER asked and was given The President’s veto is a blow to our MUCH ADO ABOUT NOTHING permission to address the House for 1 children and the future of this country. (Mr. HASTERT asked and was given minute.) To me a balanced budget means pros- permission to address the House for 1 Mr. HERGER. Mr. Speaker, when perity, it means growth, it means sta- minute and to revise and extend his re- President Clinton vetoed the Balanced bility. It means that our children will marks.) Budget Act yesterday, not only did he live in a county that can give them Mr. HASTERT. Mr. Speaker, the Eth- reject the first balanced budget to hit more than it gave us. To me, it means ics Committee has finally reached a the President’s desk in 25 years, he also freedom. unanimous conclusion about the wild vetoed the only plan that will save The President vetoed all this. attacks that have come from liberal Medicare for the next generation. Republicans sent the President a bal- Democrats against Speaker NEWT Under the Republican budget plan, anced budget—not because it is good GINGRICH: Much ado about nothing. Medicare spending per beneficiary will politics but because it is good for They have concluded that 64 of the 65 increase over the next 7 years from America. We see a future where there’s charges brought to the Ethics Commit- $4,800 to $7,100 and the Democrats call workfare not welfare, where there’s tee about Mr. GINGRICH were without that an unacceptable, draconian cut. independence not dependence. merit. The 65th charge requires an out- The last time I checked, going from Republicans believe that people, not side counsel because it is narrowly fo- $4,800 to $7,100 is an increase, not a cut. the Government, drive the Nation and cused on a technical tax law. Mr. Speaker, it’s time for the Presi- they—not us have made it the best and I urge the American people to focus dent to get his priorities in order. Does most prosperous country in the world. not on the media hype, but on the big he want to help deliver a balanced Support America—support a balanced picture. budget to America, or does he want to budget now. Republicans are trying to balance the try to demagogue the issue for political f budget for the first time in decades. We pints. The Republican majority wants are doing this to provide a better fu- a balanced budget. The American peo- SPEND AND SAVE MONEY WISELY ture for our children, to get lower in- ple want a balanced budget. It’s time (Mrs. CLAYTON asked and was given terest rates for families today, and for for the President to show leadership— permission to address the House for 1 a stronger America. give us a balanced budget. minute and to revise and extend his re- Instead of joining with us to balance f marks.) the budget, liberal Democrats have Mrs. CLAYTON. Mr. Speaker, when DISTRICT OF COLUMBIA launched a smear campaign meant to we pass a budget, we must make sure PROTECTION ACT derail our legislative agenda. And as we protect our elderly, our students, the Ethics Committee has concluded, (Ms. NORTON asked and was given and our working families. these charges are baseless. permission to address the House for 1 One way to do that is by spending our I urge my colleagues to stop playing minute and to revise and extend her re- health care dollars wisely. political football with the Ethics Com- marks.) The Medicaid Program is designed to mittee. It was established to bring Ms. NORTON. Mr. Speaker, at the supplement Medicare for the elderly greater integrity and respect to this in- end of the last shutdown, I began this and provide health care for children stitution. When you drag the Ethics countdown on the floor to help Mem- and the disadvantaged. Committee through the mud, every bers understand the special outrage of A plan aimed at preventing preg- Member of this House gets dirty. closing down the Capital City. nancies among teenagers could mean f Mr. Speaker, this is day 9 of the significant savings in our health care countdown to December 15. Mr. Speak- expenditures. AT LAST, AN OUTSIDE COUNSEL er, 85 percent of the money in the D.C. Many in Congress have complained (Mr. LEWIS of Georgia asked and was appropriation is money raised from about the problem of teenagers having given permission to address the House D.C. taxpayers. How would Members babies. for 1 minute and to revise and extend feel if the Congress used their own Demagoguery is easy; meaningful ac- his remarks.) local money to shut down their district tion and deeds are more difficult. Mr. LEWIS of Georgia. Mr. Speaker, over a national dispute in which they I hope we will get beyond the talk last night, after more than 14 months were uninvolved? and pass a budget that is wise in how of deliberations, the Ethics Committee The gentleman from Virginia [Mr. we spend money and how we save found Speaker NEWT GINGRICH guilty of DAVIS] says that the Federal shutdown money, yet fair in how we protect the violating House rules on three counts. was dumb, but shutting down the Dis- health of the old, the young, and the December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14181 average American, fair to the elderly, toed the only balanced budget bill in watch. Have they forgotten the two fair to the young, and fair to the aver- the Oval Office yesterday. Instead of votes in the last Congress when they age citizen. balancing the budget, the President voted to block a Committee on Stand- f has made it clear that he wants more ards of Official Conduct investigation spending, not less spending. into Dan Rostenkowski who was then a VETOING THE BALANCED BUDGET Mr. Speaker, I thought that the member of the House Democratic PLAN American people’s priorities are just Party leadership, for allegations of (Mr. CALVERT asked and was given the opposite. It seems to me that the misconduct and ghost employees, the permission to address the House for 1 people want a smaller, less costly, and same gentleman who is under indict- minute.) more efficient Federal Government. ment today. They have forgotten that. Mr. CALVERT. Mr. Speaker, the The American people want to keep Here is the bottom line with this dis- President has missed a historic oppor- more of their hard-earned money cussion. If my Democratic colleagues tunity to reverse his spending addic- through tax cuts, not tax increases. had any ideas on how to solve the tion. Since his 1992 campaign, Bill Clin- The American people want an economy major problems facing our country, ton has told America that he would that stimulates job creation, not stifles they would be down here talking about balance the budget in 5 years, 10 years, economic growth. them and not just continuing this 8 years, 9 years, and even 7 years. Mr. Speaker, by vetoing the Balanced character assassination against the When the President vetoed the bal- Budget Act, it’s obvious the President Speaker. anced budget plan he showed the Amer- doesn’t know what the American peo- I think the American people see ican people his true colors. The Presi- ple want. So I’ll tell him. The Amer- through it. It is time to get on with the dent does not want to balance the Fed- ican people want a balanced budget, people’s business. It is time to do the eral budget. Not now, not ever. and they want it now. right thing for our kids and our coun- America, don’t be fooled. The Presi- f try, and it is time to balance the budg- dent will say anything. et. HOOKED ON REAGANOMICS He will tell you that Republican ef- f forts to balance the budget are ex- (Ms. MCKINNEY asked and was given DEMOCRATS HAVE NOT treme. He will tell you that Repub- permission to address the House for 1 FORGOTTEN licans are cutting Medicare. He will minute.) tell you that Republicans are taking Ms. MCKINNEY. Mr. Speaker, I have (Ms. WATERS asked and was given food out of the mouths of children. He noticed that for the last few weeks, my permission to address the House for 1 will tell you that Republicans are tak- Republican colleagues have stopped minute.) ing away student loans. talking about saving Medicare. That’s Ms. WATERS. Mr. Speaker, no, we That is not true. He tells you this be- probably because no one believes that have not forgotten. We thought you cause he loves big government, big cutting $270 billion from Medicare had. But finally after the filing of spending, and big taxes. while providing $245 billion in tax many complaints against Speaker f breaks will save anything except the NEWT GINGRICH and 14 months later, lifestyles of the rich and famous. the House Committee on Standards of b 1145 Now the Republicans talk only about Official Conduct found the Speaker GOPAC balancing the budget. However, their guilty, guilty, guilty on one, two, three so-called balanced budget proposal ac- counts of violating House rules by mis- ´ (Ms. VALAZQUEZ asked and was tually increases the deficit next year using official resources and the com- given permission to address the House and the year after that. This should mittee appointed a special outside for 1 minute.) come as no surprise considering that counsel to investigate another serious ´ Ms. VALAZQUEZ. Mr. Speaker, I rise their tax breaks come first, while leav- charge about the Speaker’s political today out of a sense of deep outrage. ing the hard spending cuts to future GOPAC operation. Not long ago this House-passed legisla- Congresses. That is exactly what Ron- Well, it is about time. Believe me, tion on lobbying reform, but it seems ald Reagan did to increase our debt by the American public does not appre- the Speaker feels he and his personal $3 trillion. ciate double standards. What is good slush fund were exempt from it. Mr. Speaker, it appears my Repub- for the goose is good for the gander. No It’s no wonder that the Speaker re- lican colleagues can’t help repeating one should be so big, so important, so fuses to act on campaign finance re- the mistakes of the past. I suppose powerful they can violate the rules of form, when there are allegations that that’s what happens when you’re this House and the laws of this country GOPAC financed his own campaign to hooked on Reaganomics. without suffering the consequences. the tune of $250,000. The evidence is so f NEWT may be Speaker, however, he, damning that last night the Ethics too, must account for any and all WHAT ARE THE DEMOCRATS Committee issued a stinging rebuke to wrongdoing. It is about time. TALKING ABOUT Speaker NEWT GINGRICH. Let us get on with the business of My colleagues, I call on the Speaker (Mr. RIGGS asked and was given per- finding out who NEWT GINGRICH really himself to release the list of past mission to address the House for 1 is. GOPAC donors, and the list of past minute.) f GOPAC contributions to his own cam- Mr. RIGGS. Mr. Speaker, I want to paign. take just a moment to comment on DOING WHAT WE WERE SENT Mr. Speaker, if you really have noth- what we are hearing from the other HERE TO DO ing to hide, then you have nothing to side of the aisle today. Particularly be- (Mr. MCINTOSH asked and was given be afraid of. The American people de- cause yesterday the President vetoed permission to address the House for 1 mand the truth, it is time for you to the most important bill, the Balanced minute and to revise and extend his re- come clean and end this charade. Budget Act of 1995, that has ever come marks.) f across his desk. And after 2 years and Mr. MCINTOSH. Mr. Speaker, let us 11 months, we are still waiting to see face it. What is going on here is an out- BALANCED BUDGET PEN his version of a balanced budget. rageous attempt to reverse the election (Mrs. SEASTRAND asked and was Here is what most of the Democrats results of 1994. The defenders of big given permission to address the House are talking about today, Speaker GING- government did not like the fact that a for 1 minute and to revise and extend RICH. Let me just tell my colleagues, Republican majority came in and her remarks.) selective memory is a fine thing, but agreed we were going to balance the Mrs. SEASTRAND. Mr. Speaker, the there is a fine line between self-right- budget and reduce the size of the Gov- only thing that stands between this eousness and hypocrisy, or have they ernment. So they turned to outrageous country and a balanced budget is Presi- forgotten the House bank and post of- personal attacks against the Speaker dent Bill Clinton. Unfortunately, he ve- fice scandals that happened on their of the House. H 14182 CONGRESSIONAL RECORD — HOUSE December 7, 1995 The fact is the Committee on Stand- looked at, and that is to hire a special Mr. PETERSON of Florida. Mr. ards of Official Conduct, led by a very counsel to investigate the tax implica- Speaker, earlier this week, I, along able, nonpartisan, tough lady, the gen- tions of two nonprofit organizations with my colleague, the gentleman from tlewoman from Connecticut [Mrs. which helped the Speaker in his course, Florida [Mr. JOHNSTON], offered a privi- JOHNSON] dismissed 64 of the 65 com- a course that was in 21 universities, a leged resolution concerning the inves- plaints. There was nothing wrong with course for which he never received a tigation by the Committee on Stand- the Newt book deal. They never said he penny. ards of Official Conduct of Speaker was guilty of anything. But the other Was he guilty of encouraging people GINGRICH. This request was side is going to continue these char- to call an 800 number to learn more nonprejudicial. It was not a character acter assassinations because they view about this course? Yes, if you call that assassination. It simply asked for a re- that as the only way they can regain guilt. port of the activities of that commit- control, reverse the election, and once Was he guilty he had an unpaid advi- tee. again turn back the clock and go for sor help him during the transition to Last night’s action by the committee more spending, more deficits, and the decide who he should hire in his office? and the assurance that the House will ruin of this country. Yes, if you call that guilt, I do not. receive a report on the investigation This freshman class was sent here to He had a town meeting and he adver- was welcome news. I regret we had to get the job done. We will not be de- tised his town meeting on the floor of resort to a privileged resolution to get terred by these types of personal at- the House. such a report, but in light of last tacks on our leader. We will stay here Bottom line: The Committee on night’s announcement, I am announc- to balance the budget and do what the Standards of Official Conduct dropped ing that we will not offer our privileged American people sent us here to do. five of the six complaints and is having resolution as planned today. f a special counsel look at the one re- f maining issue, the tax implications of THE JOURNAL THE GOPAC DEAL the Speaker’s college course. (Mrs. MEEK of Florida asked and was I salute my colleagues on both sides The SPEAKER pro tempore (Mr. given permission to address the House of the aisle who serve on the Commit- SHAW). Pursuant to clause 5 of rule I, for 1 minute and to revise and extend tee on Standards of Official Conduct. the pending business is the question of the Speaker’s approval of the Journal her remarks.) They worked hard and resolved a num- of the last day’s proceedings. Mrs. MEEK of Florida. Mr. Speaker, ber of difficult issues on a bipartisan Pursuant to clause 1, rule I, the Jour- about 6 months ago I addressed this basis. I hope we can now get back to nal stands approved. House about the GOPAC deal with the business of balancing our Federal f NEWT GINGRICH. My words were written budget. down then necessarily. But the mills of f CONFERENCE REPORT ON H.R. 2099, the gods grind slowly, but they grind DEPARTMENTS OF VETERANS exceedingly well. So the mills of the PRESIDENTIAL VETO AFFAIRS AND HOUSING AND gods have caught up with Mr. GING- (Ms. DELAURO asked and was given URBAN DEVELOPMENT, AND RICH, and the Committee on Standards permission to address the House for 1 INDEPENDENT AGENCIES APPRO- of Official Conduct has said that it is minute and to revise and extend her re- PRIATIONS ACT, 1996 time to really look at the true facts. marks.) Mr. SOLOMON. Mr. Speaker, by di- The Republicans have showered this Ms. DELAURO. Mr. Speaker, the rection of the Committee on Rules, I floor with acrimony, swaggering bra- more the American people know about call up House Resolution 291 and ask vado. I have heard the President the Gingrich revolution, the less they for its immediate consideration. vilified and called a bugger. I have like. The Clerk read the resolution, as fol- heard welfare recipients called alli- I was so proud yesterday when the lows: gators, all from this side of the aisle. President vetoed the Gingrich budget. H. RES. 291 So to say now that we are trying to as- It is what the American people have Resolved, That upon adoption of this reso- sassinate Mr. GINGRICH’s character is asked him to do. The American people lution it shall be in order to consider the fur- wrong. We are not trying to do that. have spoken. They do not support a ther conference report to accompany, and I am happy to say today that the budget that cuts Medicare and Medic- the amendment reported from conference in President of the United States vetoed aid, education and the environment to disagreement on, the bill (H.R. 2099) making the reconciliation bill and well he pay for tax breaks for the wealthiest appropriations for the Departments of Veter- should have. Regardless of the type of Americans. Last month the President ans Affairs and Housing and Urban Develop- pen that he used, he turned back this cut a deal with the Republicans to bal- ment, and for sundry independent agencies, boards, commissions, corporations, and of- really, really vicious attack against ance the budget in 7 years while pro- fices for the fiscal year ending September 30, the poor and the elderly and the under- tecting the priorities of the American 1996, and for other purposes. All points of served of this country. people. The budget that the President order against the conference report and f vetoed yesterday failed to meet that against its consideration, and against the agreement because it did not protect motion printed in the joint explanatory ETHICS COMMITTEE RESULTS the values that the American public statement of the committee of conference to (Mr. SHAYS asked and was given per- holds so dear. It is time for the Repub- dispose of the amendment of the Senate mission to address the House for 1 licans to send the President a balanced numbered 63, are waived. The conference re- minute and to revise and extend his re- port, the amendment reported in disagree- budget that protects the priorities of ment, and the motion shall be considered as marks.) the American people and then he will read. The previous question shall be consid- Mr. SHAYS. Mr. Speaker, I just want sign it and then we can get on with the ered as ordered on the motion to its final to stand before this House and thank business of the people. adoption without intervening motion except my colleague, the gentlewoman from f debate pursuant to clause 2(b)(1) of rule Connecticut [Mrs. JOHNSON], for her XXVIII. courage. She is one of the most ethical ANNOUNCEMENT REGARDING The SPEAKER pro tempore. The gen- WITHDRAWAL OF PRIVILEGED people I have ever met. tleman from Tennessee [Mr. QUILLEN] I think colleagues on both sides of RESOLUTION is recognized for 1 hour. the aisle can agree. During this thor- (Mr. PETERSON of Florida asked Mr. QUILLEN. Mr. Speaker, for pur- ough, bipartisan investigation by the and was given permission to address poses of debate only, I yield the cus- Committee on Standards of Official the House for 1 minute.) tomary 30 minutes to the gentleman Conduct, she was not allowed to defend The SPEAKER pro tempore. Without from California [Mr. BEILENSON], pend- the actions of the committee. The in- objection, the gentleman from Florida ing which I yield myself such time as I vestigation committee had six dif- [Mr. PETERSON] is recognized for 1 may consume. During consideration of ferent specific complaints. Five of minute. this resolution, all time yielded is for them were dropped. Only one is being There was no objection. the purpose of debate only. December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14183 Mr. Speaker, House Resolution 291 al- one the House voted to recommit. In precedents that are being set. Instead, lows for the consideration of the fur- fact, no changes were made in veterans the Committee on Rules is acquiescing ther conference report to accompany funding, as the recommittal motion de- to this subversion of an open and ac- H.R. 2099, making appropriations for manded. What the conferees did was countable committee process. As the the Departments of Veterans Affairs take this opportunity to make so- history of this bill demonstrates, many and Housing and Urban Development called technical corrections, including of these policy revisions would have and various independent agencies. one that weakens HUD’s antiredlining been unable to withstand the scrutiny In my opinion, this is probably the regulations. of full scale debate. most important of all of the appropria- We are concerned, Mr. Speaker, that Despite the fact the conferees made tion bills. It provides the money re- the conferees not only did not respond improvements in the radical bill origi- quired to meet the needs of our veter- to the wishes of the House, but also nally approved by the House, we are ans and also provides the funding nec- took advantage of the recommittal to still faced with legislation making essary to ensure adequate housing for further weaken our Nation’s commit- drastic follow policy changes that will the needy, the disabled, and the dis- ment to fair housing laws. seriously affect virtually all of our advantaged. Members will recall that We would not be in this position at citizens. Consider what this bill does to the House voted to recommit this con- all if the legislation before us did not the environment. For example, it ference report on November 29, and I so flagrantly violate the rules of the slashes funds for environmental protec- hope we got it right this time. House. As has been the case for all the tion by a unprecedented 21 percent. The rule waives all points of order rules for considering this legislation, These cuts would cripple EPA’s en- against the conference report and the one before us today sanctions fla- forcement efforts, seriously weakening against its consideration, and against grant and wholesale violations of the the implementation of virtually every the motion to dispose of Senate amend- House rule that prohibits legislating on environmental law, including the Clean ment No. 63 as printed in the joint ex- an appropriations bill. By protecting Air Act, the Clean Water Act, the Safe planatory statement of the committee the major and substantive policy Drinking Water Act, and the law regu- of conference. changes contained in the bill, it contin- lating the use of pesticides. It would Finally, the rule provides that if the ues the objectionable trend that has limit EPA’s authority to initiate conference report is adopted, then the developed this year of allowing the cleanups at new Superfund sites. motion printed in the joint statement Committee on Appropriations to sub- In addition, five legislative provi- of managers to recede and concur in vert the authorizing committee proc- sions remain in the bill, language pro- Senate Amendment 63 with an amend- ess. tected by this rule. Many of the other ment shall be debatable for 1 hour. When we Democrats were in the ma- controversial 17 riders approved by the jority and proposed rules that pro- Senate amendment 63 was reported in House have simply been shifted to re- tected by waivers even the most minor technical disagreement, and pertains port language, where they are less visi- and technical provisions, our Repub- to the funding necessary to carry out ble, but where they still pose an equal- lican colleagues protested loudly and the orderly termination of programs ly serious threat to public health. and activities under the National and vehemently. Had we attempted to pro- The riders retained in legislative lan- Community Service Act of 1990. tect the kind of major policy changes guage include provisions barring EPA Mr. Speaker, this is basically the contained in this appropriations bill, oversight of wetlands policy, limiting you would have screamed in indigna- same conference report with various EPA authority to list new hazardous tion, and you would have been right to technical changes recommended to im- waste sites for cleanup under the have done so. prove the bill. Superfund law, and barring EPA from Those who rely on veterans benefits We have tried to be patient with the majority’s frequent, flagrant, and un- issuing a new standard to protect the and housing assistance should not have public from contamination of drinking to go through the anxiety of wondering warranted waivers of rule XXI, the pro- hibition on legislation in an appropria- water by radon. These are changes that whether or not their benefits will be re- hamper the EPA’s ability to protect duced or discontinued. I urge my col- tions bill, that have been contained in the rules for consideration of appro- the health and safety of our citizens. leagues to support this rule and to sup- When the funding cuts and legislative port this conference report. priations bills this year. We recognize from our years of being in the majority changes contained in this bill are com- b 1200 it is nearly always impossible to avoid bined with the changes to environ- Mr. Speaker, I reserve the balance of all violations of rule XXI in an appro- mental policy made in other bills the my time. priations bill. House has passed this year, including Mr. BEILENSON. Mr. Speaker, I Unfortunately, however, the waiver the Clean Water Act revision and the yield myself such time as I may provided in this bill goes far beyond so-called regulatory reform bills, this consume. the bounds of what can reasonably be effort amounts to nothing less than a Mr. Speaker, I thank the gentleman considered legitimate or appropriate. full scale assault on the environmental from Tennessee [Mr. QUILLEN] for While the conference agreement is less protection laws that have served our yielding the customary one-half hour draconian than the House-passed bill, Nation so well, and which many of us of debate time to me. the waiver still sanctions the Commit- believe need to be strengthened, not Mr. Speaker, we strongly oppose this, tee on Appropriations’ rewriting of en- weakened and not repealed. the second rule that has been reported vironmental and housing laws. It sanc- The other area that is cut drastically to provide for the consideration of the tions the Committee on Appropria- by this conference report is housing, conference report on the Veterans Af- tions’ usurpation of the function of the where funding is reduced by 21 percent fairs, Housing and Urban Development, authorizing committees, which is an or $4 billion from this year’s level. and Independent Agencies appropria- egregious misuse of the waiver. Homeless programs are cut by 27 per- tions bill. We oppose just as strongly It has become increasingly clear that cent. Here, too, the funding cuts in the the conference report itself that the the new chairmen of the authorizing legislative changes in the bill amount rule would make in order. committees are willing to cede their to significant changes in housing pol- Even though the House voted on No- responsibilities to the Committee on icy, resulting in a dramatic shift in the vember 29 to recommit the conference Appropriations. They should, rather, course of our Nation’s commitment to report, ostensibly because of cuts in defend the integrity of the legislative affordable and accessible housing for funding for veterans programs, it was process by insisting on their commit- all our citizens. clear at the time that many Members tees’ right to make major policy For example, this bill means that no were just as concerned about the un- changes the way they should be made, new public housing will be funded, even precedented cuts included in this bill after following the deliberative com- though the number of families who in spending for the environment and mittee process of hearings and full con- need help continues to grow each year. for housing. sideration of authorization legislation. If all that were not enough, this legis- Interestingly, the new conference Indeed, the Committee on Rules it- lation also eliminates all funding for a agreement is virtually identical to the self should be disturbed about the number of programs, including the H 14184 CONGRESSIONAL RECORD — HOUSE December 7, 1995 President’s AmeriCorps National Serv- the distinguished gentleman from If I could just talk about the two pro- ice Program, the Community Develop- Michigan [Mr. DINGELL]. visions that remain in the statute it- ment Bank Initiative, the FDIC Afford- Mr. DINGELL. Mr. Speaker, this is a self, one with regard to the Superfund able Housing Program, and the Office bad rule on a bad bill. It should be re- Program. The Superfund Program is of Consumer Affairs. jected. I want to thank my colleague, actually cut back in this legislation by Mr. Speaker, the provisions of this the gentleman from California [Mr. about 19 percent. If no new sites can be conference report represent the mis- BEILENSON], for making this time added, it really cripples, if you will, the guided budget priorities of the Repub- available. efforts to the EPA when they find haz- lican majority. Those priorities are The bill has not been changed. The ardous material and contaminated haz- forcing Congress to make deep cuts in Wall Street Journal says it. What does ardous sites. When they reach a certain domestic programs in order to pay for it say? It says that the House Repub- level that they should be added by the unnecessary increases in defense spend- lican leadership determined to over- Superfund, all of a sudden they cannot ing, including $7 billion for more weap- come an embarrassing loss last week be considered and cleaned up pursuant onry than the Defense Department re- and will try again to pass a com- to the Federal program. quested, and for tax cuts that will promise $80.6 spending bill, but without When you talk about wetlands pro- mainly benefit the wealthiest among restoring additional funds for veterans tection, particularly from my home us. medical care. It goes on to say that State of New Jersey, this is a very seri- Mr. Speaker, again, this is a bad rule new construction funds will be cut ous problem in areas which are rapidly for an unworthy bill. It protects egre- back by the GOP. developing. The EPA has not tradition- gious violations of our rule prohibiting But this is where the leadership ally exercised its authority on wet- legislating in an appropriations bill, hopes to get votes, by adding language lands that much. and it does so in order to allow Con- that raises the hopes of additional b 1215 gress to make damaging changes to en- medical clinics in the home district of three lawmakers, who it goes on to They are very discreet, I would say, vironmental and housing laws. The in exercising their veto over the Army rule should be defeated. name. I think that is wonderful. But what Corps of Engineers’ actions. So it The President has, and properly so, we really need is a bill which is fair makes absolutely no sense to say in vowed to veto the bill, because it does and decent and which takes care of the this appropriations bill, in this con- not uphold the values so important to veterans. I would point out to my col- ference report, that EPA’s ability to the American people. What we should leagues that there is not a new nickel deal with wetlands protection is simply do is to send this bill back to con- in this bill for veterans care. The same taken away. ference today, where the conferees Overall, the bill continues this on- abuses with regard to the environment ward thrust to dismantled our ability should take seriously the need to make are there, the same improper legisla- to protect the environment. The cuts substantive changes in this legislation. tion in an appropriations bill is there. Mr. Speaker, I urge a ‘‘no’’ vote on Remember, the bill last week was in the EPA are around 20 percent over- the rule, and on the conference report. overwhelmingly rejected by this body, all. The cuts in enforcement are 25 per- cent. I have said over and over gain, if Mr. Speaker, I yield 3 minutes to the and the reason was that it did not pro- we cannot enforce good environmental distinguished gentleman from Massa- vide adequate care to American veter- laws, what is the use of even having chusetts [Mr. MOAKLEY], the ranking ans. Better than 1 million veterans will them. And I am afraid that is what this member on the Committee on Rules. not be getting care and better than 40 is all about. There are many people Mr. MOAKLEY. Mr. Speaker, why facilities will close which are now pro- here who simply do not want to see our are we considering this bill today? viding health care to veterans because environmental laws enforced, so they Just last Wednesday, by a vote of 216 of this bill and budget. Also better go, in a roundabout way, to make sure to 208 the House wisely recommitted than 5,000 people who are providing they cannot be enforced, to make sure this horrible VA/HUD conference re- health care to American veterans will port because it made too many cuts in the polluters are able to do their thing, lose their job at VA under this bill. so to speak, by cutting back on en- veterans health benefits. The quality of care for American vet- forcement. So if the bill is so bad, why is it here erans will continue to erode to satisfy again? If a majority of the House Mr. Speaker, this is not the way to my Republican colleagues’ desire to go. We should defeated the rule and we couldn’t bring themselves to vote for balance the budget at the expense of this bill last week what’s going to should also defeat the conference re- the poor, the unfortunate, and the vet- port. make them vote for it this week? erans. I had hoped the conferees would have Mr. QUILLEN. Mr. Speaker, I yield Mr. BEILENSON. Mr. Speaker, I such time as he may consume to the gotten rid of these unfair veterans cuts yield such time as he may consume to gentleman from New York [Mr. SOLO- but the only changes to this bill are a the gentleman from New Jersey [Mr. MON], the distinguished chairman of few technical changes and a few new PALLONE]. the House Committee on Rules. commas and semicolons. Mr. PALLONE. Mr. Speaker, I just Mr. SOLOMON. Mr. Speaker, first This bill is nearly exactly the same wanted to follow up on what the gen- off, I want to acknowledge the gen- bill that was carried out of here in a tleman from California said, and that tleman from Pennsylvania [Mr. MUR- coffin last week. is that the rule should be defeated with THA], a good marine, back there. My guess is that the only difference regard to this conference report, if only Mr. Speaker, I tend to get excited between last week’s bill and this because we have continued to have this and upset when I see political shenani- week’s bill is a few broken arms. Other- battle over authorizing language or gans going on around here. I was very wise I can see no reason why anyone riders in the bill. proud to have served in the U.S. Ma- would support this dreadful bill. As you know, on two occasions in rine Corps. I was very proud to have And, it doesn’t stop with veterans this House, we have asked and we have been elected to come to this body 18 health cuts. This bill still guts Federal voted to remove the antienvironmental years ago. I was very proud to have safeguards that protect our air, water, riders that apply to the Environmental served on the Committee on Veterans’ land, and public health from toxic pol- Protection Agency, the EPA. Yet we Affairs for 10 years and serve as the lution. It is a dangerous attack on still have some of them in the bill. We ranking Republican on that commit- American families, and American vet- have the rider that deals with wetlands tee. erans, and it belongs in the trash can. that essentially guts the EPA’s ability I would like to invite all my col- Mr. Speaker, I urge my colleagues to to veto a bad wetlands decision. We leagues to come up to my Saratoga of- defeat this rule and defeat this bill, also have the rider that says that no fice, where I have a wall half as wide as again. Veterans need their health care Superfund sites can be added to the na- this room here full of plaques from this week just as much as they needed tional priority list. And many of the 17 every major veterans organization in it last week. riders that we voted against on the America, national veterans’ organiza- Mr. BEILENSON. Mr. Speaker, I floor of this House twice still exist in tions, talking about how much we have yield such time as he may consume to the report language of the bill. done for the veterans of this Nation. December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14185 Then I see this kind of shenanigans take it out of EPA? Oh, no, we cannot another body over there, and we have on the floor here where somebody take it out of EPA. Do we want to take to live with them. We cannot just ig- comes on the floor and they say we are it out of NASA? Oh, my gosh, no. We nore them. not providing enough money for veter- had people from Texas there and they Now, we have 250 veterans hospitals ans. These same people that are saying would not take it out of NASA. out there, and all of these outpatient this, and this is why I get so exas- So, Mr. Speaker, here we are today clinics and all of these people. We need perated, are people that voted against with this phony argument saying that to keep those going. The money ex- peace through strength day in and day they want to recommit this bill and re- pires. We have to pass this bill. Some- out, year in and year out, when we instate and add another $200 million for where along the line we had to com- were trying to bring down the Iron Cur- veterans. Let me tell my colleagues, promise. So if we can get $400 million tain and stop the spread of inter- that is the most phony argument I more for the veterans medical care de- national communism around this have ever heard in my life. And I tell livery system, and it came out of world. These same people voted against my colleagues, I personally resent it, NASA, HUD, and Housing and we can- the defense budget day in and day out. and I want everybody to come over not get another penny out of there, I They voted against contra aid in here and I want them to vote for this think it is time we compromise. Central America when we were trying rule. Then I want them to vote for this Mr. Speaker, I think it is time we to stop the spread of communism right bill, which, in my opinion, gives a fair voted for this bill because I think it is here in this hemisphere. They voted and adequate increase to the veterans fair for everybody. What does the gen- against the deployment of intermedi- budget. tleman think? ate range missiles, which was finally Mr. MOAKLEY. Mr. Chairman, will Mr. MOAKLEY. Mr. Speaker, if the what really brought the Soviet Union the gentleman yield? gentleman would yield once again, I to their knees. They voted against aid Mr. SOLOMON. I yield to the gen- would say, no, I think we should stay to El Salvador. They voted against tleman from Massachusetts. with the House position on the veter- every single defense budget that I can Mr. MOAKLEY. Mr. Speaker, first of ans. It was the veterans who came for- recall, even when we had an effort to all, the gentleman at the microphone is ward that were responsible in killing try to strengthen the CIA. an outstanding marine veteran, but he this bill, and I do not see any changes All these so-called veterans support- is not the only veteran in the House. that affect them in here. I would be ers were voting against all of these Mr. SOLOMON. Absolutely. I just very surprised if a lot of people from things, and yet they have the gall to pointed to another good one. your party do not walk in with casts on come on this floor here today and say Mr. MOAKLEY. The gentleman can their arms if they are forced to change we are not spending enough money for point to another one here. their votes. the veterans. Mr. SOLOMON. Absolutely. Mr. SOLOMON. Mr. Speaker, re- Upstairs, Mr. Speaker, in the Com- Mr. MOAKLEY. Mr. Speaker, we claiming my time once again, let me mittee on Rules, when they made these have our differences on what is wrong. say that I think the people in my party same kind of ridiculous arguments, we The only thing I am making a point of will do what I ask them. I hope the pointed out to them that in this appro- is that this budget came in with $200 gentleman does not change his mind, priation bill, which provides for the million less than the House position. Is because we are just getting the Presi- funding for the Department of Veter- that not so, Mr. SOLOMON? dent’s new budget. ans Affairs and the Department of Mr. SOLOMON. The gentleman is ab- The President, when he finally got Housing and NASA, and a myriad of solutely correct. around to giving us a 10-year balanced other agencies and bureaus, we pointed Mr. MOAKLEY. Mr. Speaker, the budget, according to his figures, he was out that almost every one of them were gentleman asked me how I could fix going to cut veterans benefits by $9 bil- being cut. I think maybe every one of that. We were not informed on how lion within the first 7 years of that 10 them were being cut except for the De- those on the other side of the aisle and then $17 billion overall. We just got partment of Veterans Affairs. were putting the budget together, when this new budget he set up this morning, The gentleman from Mississippi, Mr. they had all those raw figures. We are and lo and behold, what does it have in SONNY MONTGOMERY, from the other closed off of that room. So at one time, it? Four billion dollars, not $200 mil- side of the aisle, the ranking member after the gentleman brings the budget, lion. Four billion dollars in additional on the Veterans’ Affairs Committee he says where would I fix it? cuts in veterans benefits. today, and one of the most standup All I am saying is, if the House came I say to the gentleman from Massa- men I know, he and I and the gen- in with that figure originally, the vet- chusetts, I want him to stick with me tleman from Arizona, BOB STUMP and erans need that money today as much and fight that with every ounce of the gentleman from California, JERRY as they needed it last week. And when strength he has. LEWIS, and others fought to get a level the bill was recommitted, no one Mr. MOAKLEY. Mr. Speaker, I think of funding for the medical care delivery looked at that veterans figure to try to the gentleman has erred on his figures. system, that part of the budget, up to make some changes. It is still the same Mr. SOLOMON. Mr. Speaker, I am about $600 million, over a half billion figure as it was when the bill was de- reading it out of Congress Daily in the dollars, and we succeeded. And, oh, how feated here last week. That is the only Washington Post. Do they make er- the liberals complained because we point I am making. rors? were cutting housing and we were cut- Mr. SOLOMON. Mr. Speaker, re- Mr. LEWIS of California. Mr. Speak- ting the EPA. claiming my time, the gentleman er, will the gentleman yield? We just heard a little of it down here makes a good point. I worship the Mr. SOLOMON. I yield to the gen- on the floor a minute ago, cutting ground a former President walked on, tleman from California, JERRY LEWIS, NASA, cutting all these other sundry and I have not talked to him since last my very good friend, who has done agencies. Well, up in the Committee on February 6, when we passed the line such an admirable job in one of the Rules I made the offer. As my friends item veto. That was Ronald Reagan. He most difficult positions in this Con- know, we lost. We could not maintain taught me something, and it always gress, and that is having to appropriate that whole $600 million in additional bothered me, I would say to the gen- funds for this whole myriad, this big spending when everything else is being tleman from Massachusetts, and that part of this entire budget. cut and finally had to settle for about is when we compromise, are we com- Mr. LEWIS of California. Mr. Speak- $400 million. But that is almost a half promising our principles? er, I appreciate my colleague yielding, billion dollars more than last year. I In other words, Mr. Speaker, if we and I did not want to intervene in the said, I will make this offer. Where do really believe in something, we should magnificent discussion between mem- we want to take it out of the rest of not give in. He said, JERRY, in all the bers of the Committee on Rules, but I this budget, because that is where it years I was President, for 8 years, he must say to the gentleman from New has to come from? Do we want to take said I could not have it all my way. We York [Mr. SOLOMON] that your col- it out of housing? Oh, no, we cannot had to compromise. And, Mr. Speaker, league and ranking member on the take it out of housing. Do we want to I would say to Mr. MOAKLEY, there is Committee on Rules is absolutely H 14186 CONGRESSIONAL RECORD — HOUSE December 7, 1995 wrong when he suggests that we did Mr. SOLOMON. I yield to the gen- $900 million below where the President not make an effort to find this money. tleman from Pennsylvania. wants it on the Veterans’ Administra- As a matter of fact, when we got our Mr. GEKAS. Mr. Speaker, I would tion, and $1.6 billion below on the Envi- direction from the House, the biggest ask, does the gentleman know of any ronmental Protection Agency. While difficulty with that motion to recom- veteran or veterans organization that my colleagues have very reluctantly mit was the fact the gentleman from is not interested in our Nation reach- eliminated the antienvironmental rid- Wisconsin [Mr. OBEY] chose not to find ing a balanced budget? Do not the vet- ers in the bill, they still have included offsets. It was obvious he was playing a erans organizations, at least they have many of those same riders in the state- political game in the process. expressed it to me, feel very strongly ment to the managers, which still puts Mr. SOLOMON. That is what I resent. that our whole economy and their ben- pressure on the EPA to follow those Mr. LEWIS of California. Having said efits and everybody else’s benefits, So- antienvironment suggestions being that, nonetheless, we went back and cial Security, the whole gamut of what made by this committee. took a very, very hard look. The re- the Government provides, depends on Mr. Speaker, I would make the point ality is that the only account in this our reaching a balanced budget as soon that this bill, when it comes back from bill that had an increase had to do with as possible so that the work of the gen- conference, has $1.5 billion more to use, VA medical care, some $400 million. tleman from California and his com- and yet the account for veterans medi- There are significant reductions, ac- mittee, and all the other committees, cal care is reduced by $213 million. We tual reductions, in housing and EPA and the gentleman from the Commit- do not believe that makes sense. and NASA, in FEMA, and all of them tee on Rules, in trying to contract the My colleagues on the other side of less under the CR, to say the least. As Government spending and keeping the aisle can talk all they want about we go forward, those accounts will be those benefits flowing in a rational there being a nominal increase in the affected very significantly. manner all lead to a balanced budget funding for veterans medical care, but But to suggest we did not try to find which benefits everyone? Is that not the increase provided will not keep up that money, the reality was that we what the veterans want for our coun- with inflationary cost increases to pro- could not go back and get more out of try? I ask that rhetorically. vide VA medical care. I think the com- HUD. Maybe the gentleman from Wis- Mr. SOLOMON. Mr. Speaker, re- mittee understands it. consin [Mr. OBEY] wants that, I am not claiming my time once again, I would Mr. Speaker, this reduction will sure. We could not go back and get say to the gentleman, yes, everyone mean that nearly 50,000 veterans will more out of EPA. Maybe Mr. OBEY does, and so does 69 percent of the rest be denied treatment at VA facilities; wants that, but I am not sure. He did of the American people. nearly 20,000 inpatient visits will not I am going to ask the gentleman to not indicate it. We did try to find the occur; nearly 430,000 outpatient visits yield back the balance of the time and money, and came to the conclusion will not be accommodated; more than I will move the previous question, but that the only account that had been in- 2,700 personnel years in the VA will be I would hope that everyone would come creased was VA medical care; and, in- lost. over here. We have the gentleman from deed, it was appropriate for us to have Mr. Speaker, I hardly think that is Wisconsin [Mr. OBEY], we have four the House recognize that support for the kind of present we want to give our more appropriation bills to nail down our veterans. veterans on December 7. I would urge, here in some way and we want to work It is very, very important that we after this rule is disposed of, that we not distort this process. Some in the together. Mr. BEILENSON. Mr. Speaker, I vote for the recommittal motion when House, maybe the gentleman from Mas- yield such time as he may consume to it is offered again, to insist that the sachusetts [Mr. MOAKLEY], I am not the gentleman from Wisconsin [Mr. committee do what this House said sure, some in the House believed the they ought to do in the first place. OBEY]. President was going to veto the defense Mr. OBEY. Mr. Speaker, let me say I Mr. Speaker, I would suggest that bill, and from that they would take find this debate ironic. This is Decem- this committee does not have to reduce away some money from defense and ber 7. A fairly significant military EPA funding in order to facilitate this give to these social accounts. Now, event happened on that day, as all of us request of ours. What they do need to that did not occur. The President let know. I think it is ironic that on De- do is go back to the drawing board and that bill become law. We did not get a cember 7 we are being asked by our Re- get a new budget allocation from the veto. publican friends on this side of the Committee on Appropriations central I never expected it, frankly, but we aisle to adopt an appropriations bill office so that they do not have to skew- did not get extra money. Maybe that which will reduce funding for veterans er the progress we want to make in was their wish list, whereby we would medical care by $213 million below the veterans health care and in environ- provide more money for every one of amount originally provided in the mental protection. these social programs. But, indeed, House bill. Mr. BEILENSON. Mr. Speaker, I that did not occur, and because of it, yield back the balance of my time. this bill is fairly balanced and should b 1230 Mr. QUILLEN. Mr. Speaker, I yield not be distorted further because of the Do we want that money restored? back the balance of my time, and I political process that appears to be You betcha. Do we want more money move the previous question on the res- taking place on the other side of the in this bill in general? You betcha. I olution. aisle. make absolutely no apology for that. The previous question was ordered. Mr. SOLOMON. Mr. Speaker, re- The gentleman from New York [Mr. The SPEAKER pro tempore (Mr. claiming my time, I would just say to SOLOMON] said that those who brought SHAW). The question is on the resolu- the gentleman, we are doing every- this motion to the floor, in the gentle- tion. thing we can to cooperate. We voted, man’s words, had voted against provid- The question was taken; and the many of us the other day, for the Com- ing aid to the Contras. You bet I did. It Speaker pro tempore announced that merce-Justice-State appropriations was an illegal war. The gentleman said the ayes appeared to have it. bill. There was a lot in there I did not that we voted against aid to Salvador. Mr. QUILLEN. Mr. Speaker, I object like. It was too much spending. But we Not me. I voted for a significant to the vote on the ground that a have to keep the Government running. amount of aid to Salvador. quorum is not present and make the We have to keep it going. This is an ef- The gentleman said we voted against point of order that a quorum is not fort, a compromise to do that. the Pershing missile. No, I did not. I present. This is probably the most important supported the Pershing missile. I The SPEAKER pro tempore. Evi- part of the entire budget except for the thought that was the one missile that dentially a quorum is not present. Department of Defense. That is why we was necessary to bring the Soviet The Sergeant at Arms will notify ab- need to compromise and pass this bill Union to their senses. I think the gen- sent Members. today. tleman ought to get his facts straight. The vote was taken by electronic de- Mr. GEKAS. Mr. Chairman, will the Second, let me point out that the vice, and there were—yeas 242, nays gentleman yield? President is going to veto this bill. It is 175, not voting 15, as follows: December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14187 [Roll No. 842] Doyle LaFalce Rahall The SPEAKER pro tempore. The gen- Durbin Lantos Rangel EWIS YEAS—242 Edwards Levin Reed tleman from California [Mr. L ] and the gentleman from Ohio [Mr. STOKES] Allard Gallegly Myrick Engel Lewis (GA) Richardson Archer Ganske Nethercutt Eshoo Lincoln Roemer will each be recognized for 30 minutes. Armey Gekas Neumann Evans Lipinski Rose The Chair recognizes the gentleman Farr Lofgren Roybal-Allard Bachus Gilchrest Ney from California [Mr. LEWIS]. Baker (CA) Gillmor Norwood Fattah Lowey Rush Baker (LA) Gilman Nussle Fazio Luther Sabo GENERAL LEAVE Ballenger Goodlatte Oxley Fields (LA) Maloney Sanders Mr. LEWIS of California. Mr. Speak- Barr Goodling Packard Filner Manton Schroeder er, I ask unanimous consent that all Barrett (NE) Gordon Parker Flake Markey Schumer Bartlett Goss Paxon Foglietta Martinez Scott Members may have 5 legislative days Barton Graham Peterson (MN) Ford Mascara Serrano in which to revise and extend their re- Bass Greenwood Petri Frank (MA) Matsui Sisisky marks on the conference report and on Frost McCarthy Skaggs Bateman Gunderson Pombo the Senate amendments reported in Bereuter Gutknecht Porter Furse McDermott Slaughter Bilbray Hall (TX) Portman Gejdenson McHale Spratt disagreement and that I might include Bilirakis Hamilton Pryce Gephardt McKinney Stark tables, charts, and other extraneous Bliley Hansen Quillen Geren McNulty Stokes Gibbons Meehan Studds materials. Blute Hastert Quinn The SPEAKER pro tempore. Is there Boehlert Hastings (WA) Radanovich Gonzalez Meek Stupak Boehner Hayes Ramstad Green Menendez Tanner objection to the request of the gen- Bonilla Hayworth Regula Gutierrez Mfume Taylor (MS) tleman from California? Bono Hefley Riggs Hall (OH) Miller (CA) Tejeda There was no objection. Harman Minge Thompson Brewster Heineman Roberts Mr. LEWIS of California. Mr. Speak- Brownback Herger Rogers Hastings (FL) Mink Thornton Bryant (TN) Hilleary Rohrabacher Hefner Moakley Thurman er, I yield myself such time as I may Bunn Hobson Roth Hilliard Moran Torres consume. Bunning Hoekstra Roukema Hinchey Nadler Torricelli Mr. Speaker, it is a pleasure once Holden Neal Towns Burr Hoke Royce again to bring to the House floor the Burton Horn Salmon Hoyer Oberstar Velazquez Buyer Hostettler Sanford Jackson-Lee Obey Vento conference report to accompany the Callahan Houghton Sawyer Jacobs Olver Visclosky fiscal year 1996 Appropriations Act for Jefferson Ortiz Calvert Hunter Saxton Ward the Department of Veterans Affairs, Camp Hutchinson Scarborough Johnson (SD) Orton Waters Canady Hyde Schaefer Johnson, E.B. Owens Watt (NC) housing, and other independent agen- Castle Inglis Schiff Johnston Pallone Waxman cies. Following Housing passage of the Chabot Johnson (CT) Seastrand Kanjorski Pastor Wilson motion to recommit, I anticipated that Kaptur Payne (NJ) Wise Chambliss Johnson, Sam Sensenbrenner the conferees would follow the direc- Chenoweth Jones Shadegg Kennedy (MA) Payne (VA) Woolsey Christensen Kasich Shaw Kennedy (RI) Pelosi Wyden tion of the House and add an additional Chrysler Kelly Shays Kennelly Peterson (FL) Wynn $213 million to the VA medical care ac- Kildee Pickett Clinger Kim Shuster Yates count. Coble King Skeen Kleczka Pomeroy Coburn Kingston Skelton Klink Poshard Unfortunately, when that motion was Collins (GA) Klug Smith (MI) NOT VOTING—15 made, the gentleman from Wisconsin Combest Knollenberg Smith (NJ) [Mr. OBEY] chose not to supply nec- Condit Kolbe Smith (TX) Ackerman DeFazio Ros-Lehtinen essary offsets so it would be in order to Cooley LaHood Smith (WA) Bevill Fowler Tucker Cox Largent Solomon Bryant (TX) Hancock Volkmer facilitate our effort in responding to Crane Latham Souder Chapman Istook Watts (OK) the House’s direction. So as a result of de la Garza Rivers Young (AK) Crapo LaTourette Spence that lack of direction, Senator BOND Cremeans Laughlin Stearns Cubin Lazio Stenholm b 1253 and I made a serious effort to locate Cunningham Leach Stockman offsets but soon discovered that remov- Davis Lewis (CA) Stump Mr. SKAGGS changed his vote from ing $213 million from the other ac- Deal Lewis (KY) Talent ‘‘yea’’ to ‘‘nay.’’ counts, to say the least, would distort DeLay Lightfoot Tate So the resolution was agreed to. our bill considerably. Diaz-Balart Linder Tauzin The result of the vote was announced Dickey Livingston Taylor (NC) As Members can see from this chart, Doolittle LoBiondo Thomas as above recorded. which outlines the major agencies in Dornan Longley Thornberry A motion to reconsider was laid on this account, it is apparent that most Dreier Lucas Tiahrt the table. Duncan Manzullo Torkildsen of our agencies have been reduced very Dunn Martini Traficant PERSONAL EXPLANATION significantly from the 1995 appropria- Ehlers McCollum Upton Mr. HANCOCK. Mr. Speaker, on rollcall No. tions year. HUD, for example, is down Ehrlich McCrery Vucanovich Emerson McDade Waldholtz 842, I was on the floor and voted my voting by $350 million. NASA down by $352 English McHugh Walker card. Evidently an electronic malfunction oc- million. EPA is down by $235 million. Ensign McInnis Walsh curred and my vote was not recorded. If it had Mr. Speaker, it is obvious by this Everett McIntosh Wamp been properly recorded, I would have voted chart that there is only one account, Ewing McKeon Weldon (FL) Fawell Metcalf Weldon (PA) ``yea.'' there is only one account within this Fields (TX) Meyers Weller Mr. LEWIS of California. Mr. Speak- bill that had an increase. And that in- Flanagan Mica White er, pursuant to House Resolution 291, I crease was some $400 million for VA Foley Miller (FL) Whitfield call up the conference report on the Forbes Molinari Wicker medical assistance. It is true that when Fox Mollohan Williams bill (H.R. 2099) making appropriations the bill left the House we had more Franks (CT) Montgomery Wolf for the Departments of Veterans’ Af- money in this specific account, but ev- Franks (NJ) Moorhead Young (FL) fairs and Housing and Urban Develop- erybody knows that when we deal with Frelinghuysen Morella Zeliff Frisa Murtha Zimmer ment, and for sundry independent the other body, we must make sure Funderburk Myers agencies, boards, commissions, cor- that we try to make sense out of the porations, and offices for the fiscal priorities of both bodies. In this case, it NAYS—175 year ending September 30, 1996, and for is very obvious that the priorities in- Abercrombie Boucher Conyers other purposes. volved making sure that we did not Andrews Browder Costello Baesler Brown (CA) Coyne The Clerk read the title of the bill. continue with further reduction in pro- Baldacci Brown (FL) Cramer The SPEAKER pro tempore (Mr. grams like important housing pro- Barcia Brown (OH) Danner COMBEST). Pursuant to House Resolu- grams as well as important programs Barrett (WI) Cardin DeLauro Becerra Clay Dellums tion 291, the conference report is con- in EPA. Beilenson Clayton Deutsch sidered as having been read. So, Mr. Speaker, I think it is impor- Bentsen Clement Dicks (For conference report and state- tant for the House to recognize that Berman Clyburn Dingell ment, see proceedings of the House of the present CR that we are dealing Bishop Coleman Dixon Bonior Collins (IL) Doggett Wednesday, December 6, 1995, at page with for EPA, for example, creates Borski Collins (MI) Dooley H14112.) major adjustments in terms of money H 14188 CONGRESSIONAL RECORD — HOUSE December 7, 1995 availability. If we look at the current tion for veterans medical care. Nothing Since the last time we were here, CR we are working under, EPA is cut in this bill has changed with regard to President Clinton has signed the De- by 11.5 percent. For housing programs, that instruction. fense bill, which, for the time being, for example, they are 12.5 percent In fact, it appears that the leader- takes off the table the honey pot of below the levels of the current con- ship’s interpretation of recommitting a money the administration was seeking ference report. bill based on specific instructions to redirect toward spending on social b 1300 means merely changing votes of Mem- programs. bers who voted to recommit the bill. I Indeed, the choice before us today This is a far, far greater reduction think that veterans and veterans orga- seems more clear today than ever be- than the reductions in the VA-HUD bill nizations should watch today to see fore. that is before us today. These remain- which Members voted with them just 8 Either President Clinton signs this ing eight days provide a window of op- days ago in favor of more money for bill, or all of the programs under its ju- portunity for narrowing the differences veterans medical care by recommitting risdiction will most likely be funded at that divide the Congress and the White the bill, and now, without any changes the levels contained in the last con- House. With every passing day, indeed in the bill, changed their votes against tinuing resolution. with every passing hour, this window of adding the additional funds barely a This bill is really the last, best opportunity is closing. week later. chance we have to increase spending on If the White House is serious about Mr. Speaker, the conference report environmental protection; to increase resolving the differences that remain completely ignores the House instruc- spending on affordable housing; to in- between the White House and the Con- tion. This is total disrespect, disregard, crease spending on space exploration gress, the time to act is now. We are and defiance to this body, after it re- and scientific research compared to suggesting to the administration that committed this bill with instructions. current funding levels. they take a hard look at what a CR In flagrant disregard of the House in- The numbers are indisputable. Every really means. If we should decide by struction, the conferees decide not to major program in this conference re- the action on the floor today not to add any more money to VA medical port gets an increase. NSF up 0.63 per- send this bill forward, not to have an care, and, after changing just a few cent; FEMA up 1.74 percent; NASA up opportunity to change it between now commas, semicolons, and adding a lit- 1.92 percent; VA medical care up 2.47 and the time it actually goes to the tle language, sent the same bill back percent; EPA up 11.46 percent; and HUD White House, then indeed it is very here today in total derogation of the up 12.44 percent. likely that all of these programs will House’s instructions. So I urge my colleagues, think long operate under a CR that is consider- Mr. Speaker, I have said before this and hard about that before you vote. ably longer than ever anticipated and a is a bad bill. The President has said it Now Mr. Speaker, I feel compelled to continuing resolution that is even is a bad bill. The House said it was a address the veterans medical care more severe than these numbers we see bad bill when it sent it back to con- issue. on the chart before us. ference. Since the conference report There has been a lot of debate about If indeed Members of the House want has not changed to reflect the House the conference committee’s actions fol- to give support to important housing instructions, maybe the House needs to lowing this latest motion to recommit. programs, if they really care about tell the conferees again. The President And I think it is time we start separat- EPA, if indeed we are interested in see- has given us his position on the bill, ing the facts from all the political the- ing that these programs go forward in and that is the statement that I have ater. a way that makes sense, the important received on the statement of adminis- When the conference report was last thing today is to vote no on the motion tration policy that says this: brought to the floor, the minority to recommit that will be before us The President will veto this bill, if pre- moved that it be sent back to con- shortly and, beyond that, vote aye on sented to him in its current form. The bill ference to add more money for veter- final passage in this bill. provides insufficient funds to support the im- ans’ medical care. Mr. Speaker, I reserve the balance of portant activities covered by this bill. It At the time, I doubt that even the my time. would threaten public health and the envi- sponsors of the motion to recommit be- Mr. STOKES. Mr. Speaker, I yield ronment, and programs that are helping lieved that it would prevail. myself such time as I may consume. communities help themselves, close the After all, motions to recommit are Mr. Speaker, just 1 week ago I stood doors on college for thousands of young peo- ple, and leave veterans seeking medical care procedural votes that are, with few ex- before the House in opposition to the with fewer treatment options. ceptions, largely symbolic in nature. conference report on H.R. 2089, the fis- The President’s statement also says: Certainly, this motion to recommit cal year 1996 VA–HUD and Independent did not have the same significance as, Agencies appropriations act. As I stat- In addition, the administration would like to work with the Congress to address the say the Stokes-Boehlert motion we ed then, this bill grossly underfunds other concerns that were outlined in the con- considered earlier this fall. many critical programs upon which ference letter of November 6, 1995. But I think that many Members saw this Nation depends for decent and af- The President finally says: this vote as an opportunity to dem- fordable housing, veterans benefits, a Clearly, this bill does not reflect the values onstrate their concern for the Nation’s safe and clean environment, science that Americans hold dear. The President veterans. Who knows, maybe some and technological investments. urges Congress to send him an appropria- Members voted to recommit the VA– Earlier this year, the House dem- tions bill for these important priorities that HUD bill just out of habit. onstrated that it shared my position truly serves the American people. Either way, the motion passed. with regard to protecting our environ- Mr. Speaker, this bill does not serve But I think it is clear that this was ment and adopted the Stokes-Boehlert the American people, and I urge sup- not an organized attempt to put more motion to instruct when the House ap- port for the motion to recommit and to money into veterans medical care. If it pointed conferees. Then upon bringing vote against the conference report. were, the sponsors surely would have the conference report to the floor for Mr. Speaker, I reserve the balance of offered a package of offsetting spend- consideration, the House registered my time. ing cuts to fund the increase. They did further concern about insufficient Mr. LEWIS of California. Mr. Speak- not. funding for yet another important pro- er, I yield 31⁄2 minutes to the gentleman So the conference committee treated gram, veterans medical care, and re- from Michigan [Mr. KNOLLENBERG], a the motion for what it really was—a committed the bill to conference. member of the committee. feel-good vote. Mr. Speaker, this conference report Mr. KNOLLENBERG. Mr. Speaker, I I believe that every Member of this brought back for consideration shows thank the gentleman for yielding time. body, Republican or Democrat, shares plain and simple that the leadership Mr. Speaker, what we have before us a genuine concern for those Americans does not care that the House wanted today is the same conference report as who have sacrificed their health and this bill changed. The basis of recom- before, but a decidedly different budg- well-being in defense of our great Na- mittal was to maintain the House posi- etary playing field. tion. December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14189 Indeed, in the bill before us today, we Mr. Speaker, I urge my colleagues to What this conference report still have treated veterans medical pro- vote against this outrageous behavior does, make no mistake, is place the grams better than any other program by the Committee on Appropriations. burden on cities and States, while the under our jurisdiction. Mr. LEWIS of California. Mr. Speak- Federal Government takes a walk and The lesson here is that procedural er, I yield 2 minutes to the gentleman abrogates its responsibilities. The Re- votes, however politically appealing, from New Jersey [Mr. FRELINGHUYSEN]. publicans call it devolution; I call it have real consequences. (Mr. FRELINGHUYSEN asked and shirking our responsibility in favor of So I urge my colleagues, let us keep was given permission to revise and ex- the wealthy at the expense of Ameri- the process moving along. Vote for the tend his remarks.) ca’s poor and working families. conference report, and resist any fur- Mr. FRELINGHUYSEN. Mr. Speaker, I still urge a ‘‘no’’ note on this con- ther procedural potshots fired from the I rise in support of the conference ference report, which merely victim- sidelines. agreement for a second time. I again izes further the victims of poverty. Mr. STOKES. Mr. Speaker, I am thank the gentleman from California, b pleased to yield 2 minutes to the gen- Chairman LEWIS, for yielding me this 1315 tleman from Michigan [Mr. DINGELL], time. He deserves credit for doing a Mr. LEWIS of California. Mr. Speak- the distinguished ranking minority terrific job on a tough but very essen- er, I yield 2 minutes to my colleague member of the Committee on Com- tial bill. the gentleman from Arkansas [Mr. merce. As I said last week on the House floor HUTCHINSON]. (Mr. DINGELL asked and was given during consideration of this conference Mr. HUTCHINSON. Mr. Speaker, permission to revise and extend his agreement, we have done the best we under this conference agreement, VA remarks.) could, given our allocation. We have medical care is increased by $400 mil- Mr. DINGELL. Mr. Speaker, I thank prioritized our Nation’s needs. No one lion. Increased. A real increase of $400 the gentleman for yielding me time. ever said it would be simple balancing million at a time when the word ‘‘in- Mr. Speaker, as Yogi Berra said, ‘‘It’s our Federal budget, but I believe it has crease’’ is becoming a rarity. It comes deja vu all over again.’’ On December 7, been done responsibly. at a time of declining veteran popu- the day on which the Japanese bombed It is easy for those in the minority to lation and a decline in the utilization Pearl Harbor, we are bringing up a bill say that we need more money. But the of VA hospitals. of special concern and interest to our fact is, what we need to do is to live In addition, medical research is in- veterans. This is exactly the same bill within our means. We have spent our creased by $5 million over last year’s that was rejected by the House re- allocation, and there is no more money level, and the minor construction pro- cently, because it slashed veterans left. gram is increased by $37 million over health care some $400 million below the That is why I was surprised when this last year’s level. The VA-HUD appro- administration’s request, and some $213 conference report was recommitted priations agreement is fair to veterans’ million below the choke-hold level that with instructions to add more money programs. In fact, the VA-HUD Act re- the House had passed. The same bill is to veterans medical care. This pro- flects cuts in virtually every agency back before us. Let us reject it again, gram, unlike the majority of the other program or account except VA’s medi- because it is no better bill today than programs included in this bill, received cal care account. This increase comes it was last week when we rejected it. nearly a $400 million increase, an in- at a time in which the veterans’ popu- I remember my vote last time, and I crease of $400 million. know my colleague do. We voted for Yesterday in conference committee lation will decrease by 2.5 million and veterans, for their families, for their the question was asked of the minor- the VA hospitals, it might surprise my children. We told the majority that ity, where should the increased funding colleagues to know, on any given day while we favored a balanced budget, we for veterans medical care come from? has between 23 percent and 50 percent do not favor a budget that balances on No suggestions were given, and the rea- of all beds in those VA hospitals lying the back of our veterans. We said that son no suggestions were given was be- vacant. with their slashing of Medicare, their cause they know that in order to gov- Mr. Speaker, this bill, the adoption trashing of Medicaid, and their bashing ern, to really balance the Federal budg- of this agreement, is integral to our of every other item in the social safety et, and to serve people’s needs, we all balanced budget plan. And what will a net, adequate health services for our have to make tough choices. balanced budget mean to Arkansas’ Nation’s veterans becomes even more A delicate balance has been a reached veterans, my home State? With a bal- vital. in this conference agreement, and tak- anced Federal budget, according to a We said then this bill is unaccept- ing funding from one program and giv- recent study, interest rates will drop able. It is still unacceptable. It has not ing it to another would disrupt this es- 2.7 percent. For an Arkansas veteran changed. It will cut funds for construc- sential balance. that means, on the average mortgage, tion of two hospitals, including one Mr. Speaker, this is a good con- $1,591 per year that they will save. needed to replace a hospital damaged ference report. We have done our job. I That is for an Arkansas veteran. On a in the L.A. earthquake of 1991. It will urge my colleagues to support it. school loan, on an average 10-year stu- lead to firing of health care workers. It Mr. STOKES. Mr. Speaker, I am dent loan in Arkansas, they will save will lead to denial of health care for pleased to yield 2 minutes to the gen- $645 when we do this. They will save veterans. It includes the same punitive tleman from Texas [Mr. GONZALEZ], the $148 per household because of the de- constructions on the budget of the Ad- distinguished ranking minority mem- creased cost of local and State govern- ministrator and the Secretary of the ber of the Committee on Banking and ments. Veterans Affairs Department. Financial Services. A balanced budget is good for veter- A vote against this bill will simply Mr. GONZALEZ. Mr. Speaker, I ans and this is a step toward that bal- inform the Committee on Appropria- thank the gentleman for yielding me anced budget, which we need. tions conferees, who have disregarded time. Mr. Speaker, the Republican plan in- the instruction of this House, that they Mr. Speaker, as I did last week, I vests dollars and dignity in veterans’ cannot so lightly do it, and that when strongly oppose this mean spirited and programs. It also makes a commitment the House informs them they are to draconian HUD–VA appropriations con- to future veterans that America will be take care of the veterans, they should ference report for fiscal year 1996. anchored on a sound, strong financial do so. Nothing has changed. It was a bad bill basis. This bill is pro veteran. I urge A vote against the bill that arbitrar- then and it is a bad bill today. It still support for it. ily cuts 22 percent from EPA’s general victimizes people who are helpless— Mr. STOKES. Mr. Speaker, I yield 2 budget is also a good vote. It makes a they have neither money nor power, minutes to the gentleman from Massa- total additional 25 percent cut in envi- which are commodities that seem to chusetts, [Mr. MARKEY]. ronmental enforcement. These cuts, to- get attention these days. And it still Mr. MARKEY. Mr. Speaker, this is a taling over $1.6 billion, come on top of slashes one-fifth of the budget for the bad bill. It is basically the first step of nearly $1.3 billion in last year’s rescis- Department of Housing and Urban De- a two-step process which we are going sion bill. velopment. to see within this Congress. The first H 14190 CONGRESSIONAL RECORD — HOUSE December 7, 1995 step is putting the EPA on a starvation for where those funds would be coming truth about this conference report. It is a good diet. Squeeze down the amount of from. I had hundreds and hundreds of piece of legislation that deserves to be passed money they have to clean up Superfund veterans support me in my campaign and signed into law. Why? Because without sites. That is what this bill does. last year because they want the budget this legislation veterans will not get the health Meanwhile, at the same time, in the balanced. They know if we do not bal- care they deserve. This bill provides the VA- Committee on Commerce, there is a ance the budget, there will be no Medical Care Account with $400 million more Superfund gutting bill which does at money for health care for veterans, than last year. It is the only account in the en- least two things, but more. One, it puts there will be no money for the space tire bill to receive an increase. a cap of only 125 more sites that can program. There will be no money for What will happen if this bill does not pass or ever be cleaned up under Superfund. anything. We will be broke. is vetoed by the President? Should we have to Ever. Only 125. There is at least 1,200 or Mr. Speaker, it is shameful to see fund all the accounts in the bill under a con- 1,500 more sites in the country, but people getting up and saying let us put tinuing resolution, those levels will not be that is all it will be, 125. more money into this and then not nearly as high as the levels in this bill. That is Second, it gives polluter rebates. It is come up with a place to find the true for veterans programs, housing programs, the Ed McMahon polluter’s clearing- money. We need to get our priorities in environmental programs, and disaster readi- house sweepstakes. The Superfund bill order. We need to balance the books. ness. That is why it is essential that this bill be in the Committee on Commerce says to We need to be responsible with the way passed and signed by the President. polluters, congratulations, you may we handle the people’s money. This is All of these programs are important, and have already won millions of dollars in the people’s money. this conference report reflects this fact by pro- fabulous cash rebates. All you have to I know what would happen if the mi- viding funding to improve housing for our poor, do is wait for Congress to pass that bill nority were the majority. They would to eliminate drugs in our neighborhoods, to that is in Commerce right now, and just borrow the money again. They maintain essential environmental programs, soon our prize van will be on its way to would add more money to our Nation’s and to provide good health to our veterans. your corporate headquarters with a re- debt. bate check in hand to pay you for Mr. Speaker, the chairman of this These are our Nation's priorities and this cleaning up sites that you willfully or committee has crafted a well-thought- legislation provides funding for these priorities. negligently polluted in the past, drain- out bill that meets the needs for the fu- I urge my colleagues to support the con- ing out all remaining money that is in ture of our Nation, for the future of our ference report to H.R. 2099. If you care about Superfund. space program and for the future of our the veterans and other citizens in your district, So think of this as the one-two veterans. It is a good bill. I encourage you will know it is the right thing to do. punch. Finishing off Superfund once all of my colleagues to support the bill Mr. LEWIS of California. Mr. Speak- and for all, drain the revenues here so and vote, yes. er, I yield 2 minutes to the gentleman that we cannot clean up any of the ex- Mr. STOKES. Mr. Speaker, I yield 1 from Wisconsin, [Mr. NEUMANN], a isting sites that are on the list, sorry, minute to the gentlewoman from Cali- member of the committee. and then put a cap on any future sites fornia [Ms. WATERS], a member of the (Mr. NEUMANN asked and was given in the next bill coming down the line. Committee on Veterans’ Affairs and permission to revise and extend his re- Mr. Speaker, we must vote no here so the Committee on Banking and Finan- marks.) that we can have the full debate we cial Services. Mr. NEUMANN. Mr. Speaker, I rise need on what the responsibility is of Ms. WATERS. Mr. Speaker, this con- in strong support of this bill. The the Government of this country to ference report is a disaster. This con- freshman class came here about 10 clean up these neighborhood night- ference report hits veterans where it months ago with a very strong respon- mares across the country. hurts most. It cuts funding for new sibility to get this budget balanced in 7 Mr. LEWIS of California. Mr. Speak- construction of veterans outpatient years or less. When we look at the er, I yield 2 minutes to the gentleman medical facilities. Many aged and ill overall budget picture, we see Medicare from Florida, [Mr. WELDON]. veterans are forced to try to travel spending going up from $4,800 per per- Mr. WELDON of Florida. Mr. Speak- miles to get to a VA facility and this son to now over $7,100 per person in the er, I thank the chairman for yielding would decrease transportation assist- system. We see Medicaid spending me time, and I commend him on han- ance. Many are simply doing without going up at a rate faster than the rate dling a bill that I think is very impor- desperately needed health care. of inflation. tant to the future of our veterans and If that is not enough, this bill hurts Mr. Speaker, if we are going to allow the future of our Nation’s space pro- another vulnerable population, fami- these areas of the budget to increase, gram and handling the bill extremely lies and children, who simply need a and at the same time get to a balanced well. place to live. Decent housing, shelter, a budget over a 7-year period of time, This bill fully funds our manned roof over their heads. This bill cuts someplace, somewhere the budget has space flight program and the shuttle housing by 21 percent. What an indict- to be brought under control. And much account at the levels the President ment on our values. We wave the flag to the credit of our chairman, this is asked for. It also includes funding for and proclaim our love for veterans, yet one of the places where the budget was, the construction of a new veterans when their backs are turned, we stab in fact, brought under control. clinic in my district. The veterans in them in the back by ignoring their Our chairman has hit the number my district have been asking for a health care needs. And where are our that he was given in order to bring the health care facility for 12 years. It is so-called family values? These are real budget into balance over this 7-year pe- one of the largest areas in the Nation lives, real people, real children, real riod of time, and, clearly, he is to be of veterans that does not have a medi- families we are hurting. commended for doing that. This area of cal health care facility, and we have I urge my colleagues to reject this spending in the HUD–VA budget and some funding in this bill to provide conference report. It does not even de- budget authority is down over $9 bil- them with some good quality out- serve the dignity of a debate. patient medical care. Mr. LEWIS of California. Mr. Speak- lion from last year. This is truly a Mr. Speaker, as many know, prior to er, I yield such time as she may credit to the chairman of this commit- coming here I was a practicing physi- consume to the gentlewoman from Ne- tee and to all the people that have been actively involved in bringing this in cian, and this will meet about 80 to 90 vada [Mrs. VUCANOVICH]. percent of the health care needs of the (Mrs. VUCANOVICH asked and was line. veterans in my district. It is a good given permission to revise and extend The American people have said it is bill. I encourage all of my colleagues to her remarks.) time to get this budget balanced. support it. Mrs. VUCANOVICH. Mr. Speaker, I Clearly, this bill we have on the table What I think was disgraceful, Mr. rise in support of this conference re- today is an important and significant Speaker, was a motion to recommit to port. step in the right direction. add more money to a veterans account Mr. Speaker, my colleagues and the veter- (Mr. CLAY asked and was given per- and then no attempt to find an offset ans throughout our Nation need to know the mission to speak out of order.) December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14191 SHIRLEY VOLKMER, WIFE OF REPRESENTATIVE I urge my 25 Republican colleagues to the things we have heard here, because HAROLD VOLKMER, PASSES AWAY vote today for the same motion to re- listening, it is almost like some of our Mr. CLAY. Mr. Speaker, I asked for commit that they voted for just a week veterans across the country might this unanimous consent to speak out of ago. Our veterans have stood up for us. think we do not care about them. order for a moment to inform the Now, on Pearl Harbor Day, it is time Mr. Speaker, I think it is important House that Shirley Volkmer, the wife for us to stand up for them. that our veterans know and understand of our colleague, the gentleman from that under the bill we are about to b 1330 Missouri, HAROLD VOLKMER, passed pass, spending on veterans benefits is away this morning in Arlington Hos- Mr. LEWIS of California. Mr. Speak- being increased by $400 million. It is pital. er, I yield myself such time as I may the only category, as we looked at this I would like to notify the Members consume. whole thing, where we did in fact do in- that visitation will be held tomorrow, Taking just a moment, I was kind of creases. Only in Washington do we call Friday, December 8, from 6 p.m. until 8 curious about the remarks of the gen- a $400 million increase for our veterans p.m. at the Murphy Funeral Home lo- tleman from Texas [Mr. EDWARDS]. I a cut. cated at 4510 Wilson Boulevard in Ar- presume, since the gentleman knows Mr. Speaker, I just think it is very lington, VA. Visitation will be held full well that his party is not willing to important that we reassure the veter- from 2 p.m. until 5 p.m. Sunday, De- take additional funding out of HUD or ans in this Congress, and the veterans cember 10, at the O’Donnell Funeral out of EPA, I suppose the gentleman across this country, that veterans ben- Home in Hannibal, MO. would want to take it out of NASA. We efits are not being cut. Veterans bene- Services for Shirley Volkmer are can take more out of NASA, if the gen- fits under this bill are going up by $400 scheduled for 10 a.m. Monday, Decem- tleman would like, and put it back into million. ber 11, at the Holy Family Catholic veterans programs, but I am not sure Mr. STOKES. Mr. Speaker, I yield 1 Church in Hannibal, MO. that his district or his State would un- minute to the gentleman from Indiana Mr. STOKES. Mr. Speaker, I yield 2 derstand or appreciate that. [Mr. ROEMER]. (Mr. ROEMER asked and was given minutes to the gentleman from Texas Mr. Speaker, I reserve the balance of permission to revise and extend his re- [Mr. EDWARDS], the ranking minority my time. member of the Veterans’ Subcommit- marks.) Mr. STOKES. Mr. Speaker, may we Mr. ROEMER. Mr. Speaker, I rise in tee on Hospitals and Health Care. have some understanding as to how Mr. EDWARDS. Mr. Speaker, today strong opposition to this bill. This bill much time each side has left? my Republican colleagues have a wildly misses the mark. It misses the The SPEAKER pro tempore (Mr. choice, a very clear choice. I believe mark on fairness, because it misplaces COMBEST). The gentleman from Califor- they must choose between their com- our values and it is about misguided nia [Mr. LEWIS] has 151⁄2 minutes re- mitment to veterans health care versus priorities. maining, and the gentleman from Ohio towing the party line. Mr. Speaker, I am a strong supporter Last week, 25 House Republicans [Mr. STOKES] has 18 minutes remaining. for the balanced budget and have voted 1 showed independence and courage in Mr. STOKES. Mr. Speaker, I yield 1 ⁄2 for a coalition budget that balances the saying no to their party and no to $213 minutes to the gentleman from Ver- budget in a fair manner by the year million in conference cuts to veterans mont [Mr. SANDERS]. 2002. health care. These 25 Republicans Mr. SANDERS. Mr. Speaker, what Mr. Speaker, this particular bill will should be saluted for putting veterans this legislation is about speaks to the cut housing by 22 percent, it will not above partisanship. Sadly, rather than priorities of the gentleman from Geor- restore $213 million in badly needed saluting them, the House Republican gia [Mr. GINGRICH] and the Republican veterans benefits, and it misplaces our leadership scolded them for supporting leadership, and those priorities are priorities in science, where it rewards a veterans. wrong. space station that is $80 billion over Let me quote for my colleagues one Mr. Speaker, at a time when millions budget and threatens our science in House leader from today’s Wall Street of Americans are finding it increas- programs like the Galileo project that Journal. Referring to the 25 Repub- ingly difficult to locate affordable will hopefully be tremendously suc- licans, the leader said this, and I quote, housing, should we be making major cessful today in helping us discover ‘‘I was madder than hell. They had for- cuts in our housing programs which what takes place on Jupiter. gotten the big picture and they were will result in higher rents for the work- Mr. Speaker, I strongly encourage my colleagues to defeat this misguided, doing things on their own individual ing poor and increased homelessness? misplaced bill and to continue to work initiatives.’’ The answer is no. Mr. Speaker, it is a sad day for this At a time when people from one end on efforts such as the coalition budget House when Republicans are criticized of this country to the other are worried to balance this budget in a fair man- ner. by their own leadership for showing about the impact of pollution and pes- Mr. LEWIS of California. Mr. Speak- their own individual initiatives to sup- ticides in our air, our water, and in our er, I yield 11⁄2 minutes to the gentleman port veterans. The Journal article went food, should we be making devastating from Maryland [Mr. GILCHREST]. cuts in environmental protection? The on to say this: ‘‘The loss infuriated the Mr. GILCHREST. Mr. Speaker, I leadership, which wants to show its po- answer is no. would like to make a couple of com- litical muscle and reverse the outcome Mr. Speaker, at a time when millions ments in this debate about priorities. without making high profile conces- of our veterans, the people who put This bill is doing everything it can sions on spending.’’ their lives on the line to defend this with the limited resources we have to Mr. Speaker, when did showing polit- country, are today unable to receive prioritize those tax dollars to the peo- ical muscle become more important the health care and the other benefits ple who need the money the most. than helping veterans? I would suggest which they have been promised, should Mr. Speaker, it deals with housing in that showing political courage is far we be laying the groundwork in this a way that holds people very account- more important than showing political legislation for a 7-year budget which able for the condition of those houses, muscle. makes devastating cuts to our veterans but ensures that people who need to I urge my 25 Republican colleagues, programs? The answer is no. live in public housing, who need a lift who cast a tough vote, a courageous Mr. Speaker, this country must move up, will get that. vote in favor of veterans last week, to forward toward a balanced budget, but So, public housing is not cut, nor is it do so again today. How can anyone ex- we should not do it on the backs of our going to send anybody out into the plain to veterans why in 1 week they veterans, the elderly, the children, the streets. The money is spent to ensure switched their vote on $213 million in middle class, and the poor. that people who need to live in those veterans health care? More important, Mr. LEWIS of California. Mr. Speak- houses have a decent place to live and by putting veterans above partisan- er, I yield 1 minute to the gentleman ensures the accountability of those ship, we can ensure that our Nation’s from Wisconsin [Mr. NEUMANN]. people who are on the boards of direc- veterans receive the quality health Mr. NEUMANN. Mr. Speaker, I rise tors of public housing in the various care they so deeply deserve. really to speak in response to some of communities. H 14192 CONGRESSIONAL RECORD — HOUSE December 7, 1995 Mr. Speaker, as far as veterans bene- veterans health care, but the fact is ber 7, I would have given President fits are concerned, I will say two the inflation rate in health care is 10 Clinton this pen and he could have ve- things. First, it is an increase of $400 percent a year. toed the bill, and he could have saved million. That is an actual increase. I Mr. Speaker, when we provide only a all of that money and could have given am a veteran of Vietnam, wounded. I 2 percent adjustment, that means in it to the veterans. spent time in the system. As a former real purchasing power there is a sig- b 1345 Marine Corps, wounded Vietnam vet- nificant decline in what we are going eran, and the list goes on and on, and to be able to provide for veterans. That We have got too much symbolism there are a lot of Americans out there is why 50,000 veterans will be denied here. It is about time for some intellec- that are in that category, I have been treatment at VA facilities; nearly tual integrity. Our friends on the other through the system. 20,000 inpatient visits will not occur; side are throwing all this barnyard Mr. Speaker, I have been through 430,000 outpatient visits will not be ac- stuff over here. Let us do something for naval hospitals. I have been through commodated; and, 2,700 personnel-years the veterans on December 7. Let us do veterans hospitals. I continue to visit will be lost. something for the children of this them as a Member of Congress and also Mr. Speaker, we are also told, ‘‘Gee country. Let us do something for the as a wounded veteran who occasionally whiz, you folks did not prepare any off- United States of America for which all will need their services. This bill sets.’’ There are a number of offsets those veterans fought, and let us have makes sure, and we are held account- that the committee could provide. a balanced budget for the first time in able, this bill makes sure that veterans They know where they can find them. 26 years and really do something for receive the benefits that they deserve. But let me suggest that we did ask the this country, rather than all this sym- Mr. STOKES. Mr. Speaker, I yield 5 Committee on Appropriations to pro- bolism. minutes to the gentleman from Wis- vide a different outcome, because we Mr. STOKES. Mr. Speaker, I yield 2 consin [Mr. OBEY], the distinguished offered a motion in full committee minutes to the gentleman from Mary- ranking minority member of the full where the allocations are made be- land [Mr. MFUME]. Committee on Appropriations. tween the 13 various subcommittees. Mr. MFUME. Mr. Speaker, let us, if Mr. OBEY. Mr. Speaker, on December We offered a change in allocation from we might, try to set the record straight 7, we are being asked to pass a bill that adopted by the Republican major- on a couple of aspects of this bill that which reduces veterans funding by $900 ity which would have provided signifi- are pretty much irrefutable. This bill million, and which cuts environmental cant additional assets in this bill. I be- eliminates national service as we know protection funding by $1.6 billion below lieve the number was around $200 mil- it in this country, never to occur the amount requested by the President. lion additional in outlays. again. It eliminates community devel- Mr. Speaker, I do not think we ought Mr. Speaker, In my view, if we want opment financial institutions. It deci- to do that on any day. I certainly do to correct the problem, we ought to go mates the ability of the Environmental not think we ought to do that on the back and provide a different 602 alloca- Protection Agency to do what it has anniversary of Pearl Harbor. That is tion. That is what we ought to do. set out to do, whether it is Superfund not the message I want to send to vet- What my Republican colleagues have cleanup or rewarding polluters, as this erans. done is to short-sheet this bill in order bill does, it is bad news for the EPA, Mr. Speaker, I also want to say that to enable the country to buy twice as for the environment and for Americans on the environmental side, while the many B–2 bombers as the Pentagon no matter where they may be. And it committee has removed, after the wants, and in order to enable the coun- goes so far, it cuts the EPA by 20 per- House voted to instruct them to do so, try to go down the road in spending $70 cent. while the committee has removed the billion on an aircraft that we do not Some critics are upset because some 17 antienvironment riders, the pollut- need for another 15 years in the case of of us have raised the question about er’s dream list, from the bill, they the F–22. veterans and are arguing, well, veter- have, nonetheless, retained some of In order to finance those additional ans are concerned about a balanced those same provisions in the statement funding requests that the Republican budget. Every veteran I know is, but of the managers, which still puts pres- majority has, we are being told we they are also concerned about knowing sure on EPA to follow those misguided ought to cut education, squeeze veter- that they will have someplace safe to suggestions. I do not think we ought to ans, squeeze health care, squeeze envi- take care of them in their old age. We do that on December 7, or any time. ronmental protection. I do not think were not worried about offsets when we Mr. Speaker, we have seen a number that is what this Congress ought to be were sending them into World War II, of charts displayed by our good friends all about. Korea, and Vietnam. We should not be on the Republican side of the aisle. I Mr. Speaker, I would simply say, in worried now except to say that we have would simply make two points. If those closing, that in addition to the problem an obligation to veterans that goes be- charts compared agency-to-agency which we have in veterans, which can yond just maintaining the funding. funding from one year to another, they be corrected by the motion to recom- We cut 60 percent in construction fa- would show that total VA funding is mit, we need to have a substantial in- cilities alone and that adversely affects $43 million below last year, and $915 crease in environmental funding, and veterans no matter who they are or million below the President. this bill simply does not provide it. where they are. Finally the bill reduces In a very simplified chart, if this line Mr. LEWIS of California. Mr. Speak- funding for housing by 20 percent. It across the page is represented by the er, it gives me great pleasure to yield takes all of the things that many of us President’s budget, veterans are cut by 11⁄2 minutes to the gentleman from Wis- have worked for on both sides of the $915 million. Or if I can use a compara- consin [Mr. ROTH], my classmate and aisle under the name of a balanced tive chart, the bill which came back colleague. budget and eliminates them by saying, from conference had $1.5 billion more Mr. ROTH. Mr. Speaker, I was sitting this is what we have to do. than what was contained in the House in my office and I saw all these words Conscience tells me what we have to bill, represented by this baseline. But, flying back and forth, and I was re- do is to reorder priorities. In doing in fact, veterans got $213 million less in minded of an adage we have back in that, we will find other ways to take funding, even though the bill was ex- Wisconsin that actions speak louder care of the balanced budget, but not by panded by a billion and a half dollars. than words. I was reminded that yes- decimating the EPA, by doing away Now, that hardly sounds to me like terday President Clinton vetoed the with housing throughout this country veterans are being given high priority. balanced budget bill. But to do it, he and housing programs, and by severely Mr. Speaker, we are being told on the flew a pen from Texas, from the LBJ hurting veterans who all across this Republican side of the aisle by my good Library, up here to Capitol Hill, to Nation are looking for decent, ade- friend, the gentleman from Wisconsin Washington, to the White House, to quate veterans care and a right to be- [Mr. NEUMANN], that, after all, we have veto the bill. lieve that this country and this Con- a 2-percent increase in here for veter- Mr. Speaker, if he is so interested in gress on December 7, Pearl Harbor day, ans. There is a nominal increase for veterans on this historic day of Decem- have their best interests in mind. It is December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14193 a bad bill. In fact, it is a disaster. I sacrifice is necessary. And I share the Presi- send him an appropriations bill for would urge its defeat. dent's view that we must not balance the these important priorities that truly Mr. LEWIS of California. Mr. Speak- budget on the backs of our Nation's most frag- serves the American people. er, I reserve the balance of my time. ile citizensÐseniors, veterans, poor women, Obviously, this bill does not serve the Mr. STOKES. Mr. Speaker, I yield 1 children, and the disabled. American people. minute to the gentlewoman from Flor- Our Nation's veterans earned their benefits Lastly, I would just make reference ida [Ms. BROWN]. through service and sacrifice. It should be to a letter I received, dated December Ms. BROWN of Florida. Mr. Speaker, America's highest priority to honor our commit- 7, 1995, from the Secretary of Veterans this bill is a slap in the face to Flor- ment with our veterans. I believe it is wrong to Affairs. The Secretary says in his let- ida’s veterans. The President requested abandon our veterans who have gone in ter to me: ‘‘Dear Congressman STOKES, $154 million for the Brevard County harm's way to serve our country. We need to I was greatly pleased to see that the Hospital which would serve Florida’s take care of our U.S. service men and House voted yesterday’’—this is refer- veterans in and around my district. womenÐwhen they are fighting our wars, and ring back to the previous vote—‘‘to re- But the Republicans in Congress took when, as veterans, they need health care. I commit the fiscal year 1996 VA–HUD away that money. That hospital so des- urge my colleagues to vote against this bill. Independent Agencies Appropriations perately needed by veterans will not be Mr. STOKES. Mr. Speaker, I yield Act back to the conferees with instruc- built. myself the balance of my time. tions to provide an additional $213 mil- Where do sick veterans in Florida go Mr. Speaker, my position on H.R. lion for VA medical care.’’ for hospital care? For the last few 2099 has been consistent from the be- It goes on further to say: ‘‘It is my years, hundreds of Florida veterans ginning. It simply does not have a suf- great hope that the conferees will be who have developed psychological ficient enough allocation to address all able to agree on a figure that rep- problems are shipped out of State. the vital programs under the jurisdic- resents the sense of the House as evi- That’s right. They get shipped off to tion of this subcommittee. It is irre- denced by yesterday’s vote.’’ Mississippi and Alabama for their care. sponsible to even consider sacrificing Secretary Brown then says: ‘‘It is Two beautiful States, indeed, but far one critical program over another sole- also my hope that the conferees will be away from their loved ones in Florida. ly because the Republican leadership able to address the issues of the puni- I think this is wrong. To me, there is does not want to provide additional tive cuts in my office and three VA nothing more compelling than the need money for this bill overall. staff offices. These cuts were a reaction to care for veterans who suffer the ef- There was an opportunity for us to do against what I consider were my hon- fects of fighting our wars. That’s why this, just 2 days ago, when the House est efforts to be sure that the veterans Florida needs the Brevard County Hos- full Committee on Appropriations met community and the public were aware pital. and increased the 602(b) allocation for of the facts in the budget debate. I un- Mr. Speaker, I rise in opposition to the con- other appropriations bills. However, derstand the conferees reacting against ference report on the VA±HUD appropriations the VA–HUD allocation was not consid- my outspoken advocacy for VA medical bill. President Clinton has announced his in- ered as a part of these discussions. We funding. But their action will result in tention to veto this bill because it funds veter- are not even talking about making up adverse personnel actions through ei- ans programs at $900 million less than what the $9 billion difference between the ther furloughs or layoffs for many dedi- he requested in his budget. President’s budget request and this cated career civil servants who are per- Right now, nearly 2-million veterans live in conference report. forming essential services.’’ Florida, nearly 60,000 in my district alone. The President in good faith tried to We have a chance today to try and More veterans live in Florida than in any other negotiate a package that would have give the conferees one additional State except one. And 100 veterans move to added an additional $2 billion for VA chance to clean up this bad bill. I think the House has spoken once Florida every day. These men and women are HUD as well as support the remaining before. This is a golden opportunity for growing older and need medical care. appropriations bills at a level that us to once again tell the conferees of Mr. Speaker, this bill is a slap in the face to would retain some very important do- the House and Senate that this bill is Florida's veterans. The President requested mestic programs. I think it is impor- intolerable, that the President is going $154 million for the Brevard County Hospital tant for me, before closing, to say that to veto it. Congress has the first oppor- which would serve Florida's veterans in and I have just received, while here on the tunity and the first responsibility to around my district. But the Republicans in floor, a statement of administration act before the President has to take Congress took away that money. That hospital policy. It is dated December 7, 1995. In the serious action that he has indi- so desperately needed by veterans will not be the statement of administration policy cated. I urge Members to support the built. we are told that the President will veto Where do sick veterans in Florida go for this bill if it is presented to him in the motion to recommit and vote against hospital care? For the last few years, hun- current form. this conference report. Mr. Speaker, I include for the dreds of Florida veterans who have developed This is after the administration has RECORD the letter from Secretary psychological problems are shipped out of been advised of the action taken by the Brown to which I referred. State. That's right. They get shipped off to conferees yesterday in conference. I Mississippi and Alabama for their care. Two will not read other parts of the bill, of THE SECRETARY OF VETERANS AFFAIRS, Washington, DC, November 30, 1995. beautiful States, indeed, but far away from the statement except to say this: The Hon. LOUIS STOKES, their loved ones in Florida. I think this is President said, the bill provides less Ranking Minority Member, Subcommittee on wrong. To me, there is nothing more compel- than the President requested for veter- VA, HUD, and Independent Agencies, Com- ling than the need to care for veterans who ans medical care. The bill also includes mittee on Appropriations, House of Rep- suffer the effects of fighting our wars. That's significant restrictions on funding for resentatives, Washington, DC. why Florida needs the Brevard County Hos- the Secretary that appear targeted at DEAR CONGRESSMAN STOKES: I was greatly pital. impeding him from carrying out his du- pleased to see that the House voted yester- According to the Department of Veterans Af- ties as an advocate for veterans day to recommit the FY 1996 VA, HUD, and Independent Agencies Appropriations Act fairs, with this bill, almost all renovation and throughout the country. Finally, the back to the conferees with instructions to construction of veteran's health facilities will bill does not provide necessary funding provide an additional $213 million for VA terminate. A funding freeze would lead to a for VA hospital construction. Medical Care. Your leadership in opposing sharp reduction in the number of employees The President ends the statement by the conference report was instrumental in who counsel veterans and decide claims for saying: Clearly, this bill does not re- the successful motion to recommit. I ap- benefits. The VA's award-winning medical and flect the values that Americans hold plaud your outstanding efforts. prosthetic research program would be cut in dear. The administration would like to You and I have talked often about the ne- work with the Congress to address the cessity for providing adequate funding to every year under the freeze. take care of the medical needs of our sick Mr. Speaker, balancing the budget is a top issues discussed above as well as the and disabled veterans. It is my great hope priority. And I am committed to doing just that. other concerns that were outlined in that the conferees will be able to agree on a The President is also committed to a balanced the conferees letter of November 6, figure that represents the sense of the House, budget. But in balancing the budget, a shared 1995. The President urges Congress to as evidenced by yesterday’s vote. H 14194 CONGRESSIONAL RECORD — HOUSE December 7, 1995 It is also my hope that the conferees will to suggest any change that would formed him well ahead of time. In the be able to address the issue of the punitive make this bill more satisfactory from past this Member had these issues dis- cuts in my office and three VA staff offices. his point of view. Between now and the cussed the night before the bill went These cuts were a reaction against what I time the Senate finishes its work, forward with no material to take consider were my honest efforts to be sure that the veterans community and the public there is a narrow window of oppor- home, no material to discuss. Indeed, were aware of the facts in the budget debate. tunity for him to do that. Otherwise, we believe we have been radically more I understand the conferees reacting against the President is playing politics with open than it was in the past. my outspoken advocacy for VA medical this bill rather than seriously seeking If I could continue with my com- funding, but their action will result in ad- partnership by way of working with ments, I am not sure, I must say, while verse personnel actions, through either fur- the legislative branch. loughs or layoffs, for many dedicated career I have expressed my disappointment, I want to tell my colleagues that and I hope that my colleague and I will civil servants who are performing essential there has only been one major dis- services. discuss this further in private, I do not Once again, I want to thank you for your appointment this year in this process. know where my colleague would take outstanding leadership and your dedication My disappointment lies with the dif- the additional funds that he suggests to our Nation’s veterans. ference I see between the way the ma- that he would like to give back to the Sincerely, jority and the minority worked with veterans by way of this recommittal JESSE BROWN. each other in the House versus the motion. Mr. Speaker, I yield back the balance other body. I was most impressed by of my time. the fact that the other body found it- b 1400 Mr. LEWIS of California. Mr. Speak- self in the same situation we are in, er, I yield myself the balance of my limited numbers of dollars because we I cannot believe that he is not appre- time. are in a new reality. ciative of the reality that veterans’ Mr. Speaker, I first want to say too, We are attempting to reduce the rate programs are increased in this bill. It that we very much appreciate our col- of growth in spending and eventually is the only account that has an in- leagues’ patience with this process. It balance the budget. Recognizing that crease in this bill. Above and beyond is not usual that we go back at a bill in the other body, the Democrats and that, every one of these other programs more than one time, and in this cir- Republicans alike worked together in a has been reduced. I do not think my cumstance to have a bill recommitted very positive way within limited cir- colleague would want to take more by the House for a specific purpose is cumstances to try to accomplish a bill money out of HUD. I cannot believe my not the normal process. Because of that met most of their needs. In the colleague would be interested in taking that, we are taking up a good deal House, I am disappointed to say, we more money out of EPA. I really do not more of the House’s time than would be have not had that experience. I must believe my colleague wants to close normal. say that one of my best friends on the down NASA. I think it is important for the Mem- other side of the aisle is my colleague The reality is that this is a balanced bers to know exactly what the cir- and my ranking member, the gen- bill, as balanced as it can be within the cumstances were at the time of that re- tleman from Ohio [Mr. STOKES]. I say constraints of the limitations of this committal motion. At that point in to my colleague that it is a great dis- new age. time, there is little doubt that there appointment to me that we have not were those on the other side of the been able to work together in a posi- Let me say that it is also important aisle, some on this side of the aisle, tive way in this new atmosphere. for the Members to know that I have who thought the President did plan to I do understand his and his col- not heard from one veterans’ group veto the defense bill. My colleague, the leagues’ great disappointment with the that has not been satisfied with this gentleman from Ohio [Mr. STOKES], has fact that we are not in a situation bill. Indeed most recognized the re- referred to his own belief that there where Congress is going to continue to ality, that they have an increase in were several billions of dollars in the just take last year’s spending, in- this bill while no other agency has an defense bill that the President had not creased by inflation, and then add on increase. sought and, therefore, he might very more. That has been the pattern for Further, I think it is important for well veto it. the 15 years I have served on the sub- our colleagues to know that should we The motion to recommit in part was committee. But indeed, in that new en- decide in this body not to go forward in hopes with that veto that they vironment, I would have hoped we with this legislation, then we are left would get more money for this bill and could have worked together in a posi- with the continuing resolution and we there could be additional dollars put tive way instead. are likely to have a continuing resolu- back in the veterans programs. The Mr. STOKES. Mr. Speaker, will the tion for a very extended period. Under fact is that that veto did not take gentleman yield? those circumstances every one of these place. So we are dealing with a specific Mr. LEWIS of California. I yield to accounts would be spending out at con- and limited number of dollars within the gentleman from Ohio. siderably less, perhaps as much as 25 this bill. Mr. STOKES. Mr. Speaker, I would percent less, than they would under Just as important, I think it is criti- just say to my distinguished chairman this piece of legislation. cal for all of us to understand that we and my friend that I share with him are on a pathway to attempting to bal- the concerns that he has expressed in This is a very, very difficult bill. It is ance our budget over a 7-year period. terms of the manner in which the proc- complex obviously, but, most impor- Between this year and the year 2002, we ess in the House has not been the same tantly, Mr. Speaker, I want my col- hope to get to a balanced budget. If we as it was in the past. As the gentleman leagues to know that this is the first are to do that, we must recognize that knows, when I chaired the same sub- serious effort to take a gigantic step in there are only a few bills around that committee which he now chairs, I at- the direction of balancing our budget, have sizable numbers of discretionary tempted at all times to involve the the largest single contribution towards dollars. gentleman in the process and did so in balancing the budget and moving down This bill makes the single greatest a way where he was never caught in the that pathway toward 2001. This is a contribution of all of our appropria- dark as I have been caught in terms of good bill. It recognizes our constraints, tions bills toward balancing that budg- this particular bill. I have not been in- and at the same time it recognizes our et, a savings from the President’s re- cluded in the same way I included the critical responsibilities to the people quest of some $9.2 billion. Between now gentleman. I just want to say to the who are served by the programs that and the time this bill gets to the Presi- gentleman I hope that he could have come under the jurisdiction of this sub- dent’s desk, he can still come forward handled the matter a little differently. committee, and, Mr. Speaker, with and participate in a serious way in this Mr. LEWIS of California. Mr. Speak- that I urge my colleagues to vote process, if indeed he has some other ad- er, reclaiming my time, I really did not against the motion to recommit, and I justments or priorities that he would intend to discuss this on the floor, but urge my colleagues in the final analy- make. the reality is that this year we have sis to vote for the bill. Please, have the President and his given the gentleman information ahead Mr. Speaker: I submit the following people come and talk to us. He has yet of time in printed form. We have in- material for the RECORD. December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14195 H 14196 CONGRESSIONAL RECORD — HOUSE December 7, 1995 December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14197 H 14198 CONGRESSIONAL RECORD — HOUSE December 7, 1995 December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14199 H 14200 CONGRESSIONAL RECORD — HOUSE December 7, 1995 December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14201 Mrs. MEEK of Florida. Mr. Speaker, I non-LSC funds to represent a Haitian woman The chairman of the subcommittee ask unanimous consent to revise and who is beaten up by her husband, illegally said they couldn’t find any more extend my remarks in opposition to locked out by her landlord, or cheated by a money for the veterans. But where did this conference report and to the rule used car dealer if she has applied for politi- they find over $800 million for the cal asylum and has a work permit but her governing its consideration. political asylum application is still pending. EPA? Why is spending for housing pro- Mr. Speaker, last year 1,200 neighbor- Unfortunately, there are many aliens who grams almost $1 billion more than the hood law offices provided legal services remain in this limbo situation for several House-approved level? to 1.7 million clients. The majority of years. Members need to understand that the these people were women and children Approximately five percent of our current VA can’t be opening new clinics when living in poverty. non-immigration caseload consists of aliens we don’t give them the funds to do so. The conference report before us who will no longer be eligible for legal serv- Yet that is what this conference report ices with non-LSC funds in 1996. This could today contains a two-part attack on does. the Legal Services Corporation, which be remedied if Section 504 (d)(2) (B) were amended to allow non-LSC funds to be used I believe that the bill falls short. It last year provided about 60 percent of to represent aliens not eligible for represen- ignores the instruction that a majority the funds used by neighborhood legal tation with LSC funds. of House Members voted for last week. service organizations. The balance of In addition, HR 2076 precludes us from col- It’s wrong. We can find the money to legal services funds comes from private lecting any attorneys fees in 1996. This is in- do the right thing for veterans. The attorneys, foundations, local charities, consistent with the stated goal of reducing President is going to veto this bill any- and State and local governments. LSC’s dependency on federal dollars. Our program has relied on income from attorneys way, and he should. We should not vote This conference report continues the for a bill that doesn’t honor our com- majority’s assault on the weakest fees to bolster our budget, and the lack of this income in 1996 will reduce our services mitment to veterans. members of our society. even further. Mr. LEWIS of California. Mr. Speak- The first part of this attack is to re- We appreciate your concern on behalf of er, I yield back the balance of my time. duce Federal funds for the Legal Serv- the poverty community of Dade County. The SPEAKER pro tempore (Mr. ices Corporation by $122 million. This Please let me know if you need additional in- COMBEST). Without objection, the pre- is a cut of 31 percent. formation. The second part of this attack is to Sincerely, vious question is ordered. There was no objection. restrict the type of legal services that MARCIA K. CYPEN, the local legal services organizations Executive Director. MOTION TO RECOMMIT OFFERED BY MR. OBEY Mr. OBEY. Mr. Speaker, I offer a mo- can provide with their own non-Federal MEMORANDUM funds. tion to recommit. Let me illustrate the unfair con- Date: December 5, 1995 The SPEAKER pro tempore. Is the sequences of this restriction by sharing Subject: Ineligible aliens under proposed gentleman opposed to the conference LSC restrictions with the House a letter I received yes- report? From: Esther Olavarria Cruz Mr. OBEY. I certainly am, Mr. terday from Marcia Cypen, executive To: Marcia Cypen Speaker. director of Legal Services of Greater I have made two lists, which is necessary Miami. She points out that Legal Serv- to better explain who cannot be represented The SPEAKER pro tempore. The ices of Miami now uses non-Federal under the proposed LSC restrictions: Clerk will report the motion to recom- funds to represent aliens. Under this List of aliens who can be represented by mit. conference report, Legal Services of LSC under the proposed restrictions: The Clerk read as follows: 1. Lawful permanent residents. Mr. OBEY moves to recommit the con- Miami would have to choose between 2. Aliens who are the spouse, parent, or un- ference report on the bill H.R. 2099 to the giving up all Federal funds or else stop married child under 21 of a U.S. citizen and committee of conference with instructions representing those aliens who are ap- have filed applications for permanent resi- to the managers on the part of the House to dence. plying for admission as a refugee or for insist on the House position on Senate asylum. Many of these aliens have 3. Asylees (individuals granted asylum). 4. Refugees. amendment numbered 4. work permits and are working, but 5. Individuals granted withholding of de- The SPEAKER pro tempore. With ob- they are too poor to get private legal portation (higher standard that asylum— jection, the previous question is or- assistance. They must come to Legal very rare). 6. Individuals granted conditional entry be- dered on the motion to recommit. Services of Miami if they have been There was no objection. beaten by their husbands, illegally fore 4/1/80 (old refugee category—almost no aliens now in this category). The SPEAKER pro tempore. The locked out by their landlords, or cheat- 7. H–2A agricultural workers (limited to question is on the motion to recommit. ed by a merchant. representation in employment contract mat- The question was taken; and the Mr. Speaker, it is one thing for the ters only, such as wages, housing, transpor- Speaker pro tempore announced that majority to put restrictions on the use tation and other employment rights—very the noes appeared to have it. of Federal funds. But it is wrong for small category). List of aliens who cannot be represented by Mr. OBEY. Mr. Speaker, I object to the majority to impose its ideological the vote on the ground that a quorum views on services provided by dona- LSC under the proposed restrictions: 1. Asylum applicants. is not present and make the point of tions from private groups and State 2. Parolees. order that a quorum is not present. and local governments that believe it 3. Special immigrant juveniles (undocu- The SPEAKER pro tempore. Evi- is important that all poor people have mented children adjudicated state depend- ents because of abandonment, neglect or dently, a quorum is not present. access to our legal system. The Sergeant at Arms will notify ab- I urge my colleagues to vote against abuse). sent Members. the rule and against this conference re- 4. Battered spouses of U.S. citizens (unless otherwise eligible under #2 above). The vote was taken by electronic de- port. 5. Battered spouses of permanent residents. vice, and there were—yeas 198, nays LEGAL SERVICES OF GREATER MIAMI, 6. Aliens in exclusion or deportation pro- 219, not voting 15, as follows: INC., ceedings. Miami FL, December 5, 1995. 7. Aliens with immediate U.S. citizen [Roll No. 843] Congresswoman CARRIE P. MEEK, spouses, parents, or unmarried minor chil- YEAS—198 dren who have not filed for permanent resi- Cannon House Office Building, Washington, Abercrombie Boucher Coleman DC. dence. Ackerman Brewster Collins (IL) DEAR CONGRESSWOMAN MEEK: Thank you 8. Relatives of permanent residents (unless Andrews Browder Collins (MI) for requesting our program’s input on HR otherwise eligible above). Baesler Brown (CA) Condit 2076 which includes funding for the Legal Mr. MONTGOMERY. Mr. Speaker, I Baldacci Brown (FL) Conyers Services Corporation in 1996. rise in opposition to this conference re- Barcia Brown (OH) Costello A crucial failing of the bill is that it pre- port. The level of funding for VA medi- Barrett (WI) Bryant (TX) Coyne cludes representation of certain classes of Becerra Cardin Cramer aliens with non-LSC funds. The particular cal care is $213 million below the level Berman Clay Danner classes of aliens affected are listed on the at- approved by the House earlier this Bishop Clayton DeLauro year, and is almost $400 million less Bonior Clement Dellums tached page. On a practical level what this Borski Clyburn Deutsch means is that we cannot, for example, use than the President requested. H 14202 CONGRESSIONAL RECORD — HOUSE December 7, 1995 Dicks Kennedy (RI) Poshard Linder Petri Smith (NJ) Hastert McDade Scarborough Dingell Kennelly Rahall Livingston Pombo Smith (TX) Hastings (WA) McHugh Schaefer Dixon Kildee Rangel Longley Porter Smith (WA) Hayes McInnis Schiff Doggett Kleczka Reed Lucas Portman Solomon Hayworth McIntosh Seastrand Dooley Klink Richardson Manzullo Pryce Souder Hefley McKeon Shadegg Doyle LaFalce Rivers Martini Quillen Spence Heineman Metcalf Shaw Durbin Lantos Roemer McCollum Quinn Stearns Herger Meyers Shuster Edwards Levin Rose McCrery Radanovich Stump Hilleary Mica Skeen Engel Lewis (GA) Roybal-Allard McDade Ramstad Talent Hobson Miller (FL) Smith (MI) Ensign Lincoln Rush McHugh Regula Tauzin Hoekstra Mollohan Smith (NJ) Eshoo Lipinski Sabo McInnis Riggs Taylor (NC) Hoke Moorhead Smith (TX) Evans LoBiondo Sanders McIntosh Roberts Thomas Horn Murtha Smith (WA) Farr Lofgren Sawyer McKeon Rogers Thornberry Hostettler Myers Solomon Fattah Lowey Schumer Metcalf Rohrabacher Tiahrt Houghton Myrick Souder Fazio Luther Scott Meyers Roth Torkildsen Hunter Nethercutt Spence Fields (LA) Maloney Serrano Mica Roukema Upton Hutchinson Neumann Stearns Filner Manton Sisisky Miller (FL) Royce Vucanovich Hyde Ney Stenholm Flake Markey Skaggs Molinari Salmon Waldholtz Inglis Norwood Stockman Foglietta Martinez Skelton Moorhead Sanford Walker Kelly Nussle Stump Ford Mascara Slaughter Myers Saxton Walsh Kim Orton Talent Fox Matsui Spratt Myrick Schaefer Watts (OK) King Oxley Tate Frank (MA) McCarthy Stark Nethercutt Schiff Weldon (FL) Kingston Packard Tauzin Franks (CT) McDermott Stenholm Neumann Seastrand Weldon (PA) Klug Parker Taylor (NC) Frost McHale Stockman Ney Sensenbrenner Weller Knollenberg Paxon Thomas Funderburk McKinney Stokes Norwood Shadegg White Kolbe Petri Thornberry Furse McNulty Studds Nussle Shaw Wicker LaHood Pombo Tiahrt Gejdenson Meehan Stupak Oxley Shays Wolf Largent Pomeroy Torkildsen Gephardt Meek Tanner Packard Shuster Young (FL) Latham Porter Upton Gibbons Menendez Tate Parker Skeen Zeliff LaTourette Portman Vucanovich Gonzalez Mfume Taylor (MS) Paxon Smith (MI) Zimmer Laughlin Pryce Waldholtz Gordon Miller (CA) Tejeda Lazio Quillen Walker Green Minge Thompson NOT VOTING—15 Leach Quinn Walsh Gutierrez Mink Thornton Bentsen Fowler Scarborough Lewis (CA) Radanovich Wamp Hall (OH) Moakley Thurman Bevill Istook Schroeder Lewis (KY) Ramstad Watts (OK) Hall (TX) Mollohan Torres Chapman Morella Tucker Lightfoot Regula Weldon (FL) Hamilton Montgomery Torricelli de la Garza Pelosi Volkmer Lincoln Riggs Weldon (PA) Harman Moran Towns DeFazio Ros-Lehtinen Young (AK) Linder Roberts Weller Hastings (FL) Murtha Traficant Livingston Rogers White Hefner Nadler Velazquez b 1421 LoBiondo Rohrabacher Wicker Hilleary Neal Vento Longley Roth Wolf Hilliard Oberstar Visclosky Messrs. PAYNE of New Jersey, Lucas Royce Young (FL) Hinchey Obey Wamp VENTO, HOYER, OBERSTAR, KEN- Manzullo Salmon Zeliff Holden Olver Ward McCollum Sanford Zimmer Hoyer Ortiz Waters NEDY of Massachusetts, BRYANT of McCrery Saxton Jackson-Lee Orton Watt (NC) Texas, and CONYERS changed their NAYS—190 Jacobs Owens Waxman vote from ‘‘nay’’ to ‘‘yea.’’ Jefferson Pallone Whitfield Abercrombie Ford McCarthy Johnson (SD) Pastor Williams So the motion to recommit was re- Ackerman Frank (MA) McDermott Johnson, E. B. Payne (NJ) Wilson jected. Andrews Franks (CT) McHale Johnston Payne (VA) Wise The result of the vote was announced Baesler Franks (NJ) McKinney Jones Peterson (FL) Woolsey as above recorded. Baldacci Frost McNulty Kanjorski Peterson (MN) Wyden Barrett (WI) Funderburk Meehan Kaptur Pickett Wynn A motion to reconsider was laid on Becerra Furse Meek Kennedy (MA) Pomeroy Yates the table. Beilenson Gejdenson Menendez The SPEAKER pro tempore (Mr. Berman Gephardt Mfume Bishop Gibbons Miller (CA) NAYS—219 OMBEST C ). The question is on the con- Bonior Gonzalez Minge Allard Collins (GA) Graham ference report. Borski Gordon Mink Archer Combest Greenwood Boucher Green Moakley Armey Cooley Gunderson Pursuant the provisions of clause 7 of Brewster Gutierrez Molinari Bachus Cox Gutknecht rule XV, the yeas and nays are ordered. Browder Hall (OH) Montgomery Baker (CA) Crane Hancock The vote was taken by electronic de- Brown (FL) Hamilton Moran Baker (LA) Crapo Hansen vice, and there were—yeas 227, nays Brown (OH) Hastings (FL) Morella Ballenger Cremeans Hastert Bryant (TX) Hefner Nadler Barr Cubin Hastings (WA) 190, not voting 15, as follows: Cardin Hilliard Neal Barrett (NE) Cunningham Hayes [Roll No. 844] Castle Hinchey Oberstar Bartlett Davis Hayworth YEAS—227 Clay Holden Obey Barton Deal Hefley Clayton Hoyer Olver Bass DeLay Heineman Allard Calvert Ehlers Clement Jackson-Lee Ortiz Bateman Diaz-Balart Herger Archer Camp Ehrlich Clyburn Jacobs Owens Beilenson Dickey Hobson Armey Canady Emerson Coburn Jefferson Pallone Bereuter Doolittle Hoekstra Bachus Chabot English Coleman Johnson (CT) Pastor Bilbray Dornan Hoke Baker (CA) Chambliss Everett Collins (IL) Johnson (SD) Payne (NJ) Bilirakis Dreier Horn Baker (LA) Chenoweth Ewing Collins (MI) Johnson, E. B. Payne (VA) Bliley Duncan Hostettler Ballenger Christensen Fawell Condit Johnston Peterson (FL) Blute Dunn Houghton Barcia Chrysler Fields (TX) Conyers Jones Peterson (MN) Boehlert Ehlers Hunter Barr Clinger Flanagan Costello Kanjorski Pickett Boehner Ehrlich Hutchinson Barrett (NE) Coble Foley Coyne Kaptur Poshard Bonilla Emerson Hyde Bartlett Collins (GA) Forbes DeLauro Kennedy (MA) Rahall Bono English Inglis Barton Combest Fox Dellums Kennedy (RI) Rangel Brownback Everett Johnson (CT) Bass Cooley Frelinghuysen Dicks Kennelly Reed Bryant (TN) Ewing Johnson, Sam Bateman Cox Frisa Dingell Kildee Richardson Bunn Fawell Kasich Bentsen Cramer Gallegly Dixon Kleczka Rivers Bunning Fields (TX) Kelly Bereuter Crane Ganske Doggett Klink Roemer Burr Flanagan Kim Bilbray Crapo Gekas Dooley LaFalce Rose Burton Foley King Bilirakis Cremeans Geren Doyle Lantos Roukema Buyer Forbes Kingston Bliley Cubin Gilchrest Durbin Levin Roybal-Allard Callahan Franks (NJ) Klug Blute Cunningham Gillmor Edwards Lewis (GA) Rush Calvert Frelinghuysen Knollenberg Boehlert Danner Gilman Engel Lipinski Sabo Camp Frisa Kolbe Boehner Davis Goodlatte Ensign Lofgren Sanders Canady Gallegly LaHood Bonilla Deal Goodling Eshoo Lowey Sawyer Castle Ganske Largent Bono DeLay Goss Evans Luther Schumer Chabot Gekas Latham Brown (CA) Deutsch Graham Farr Maloney Scott Chambliss Geren LaTourette Brownback Diaz-Balart Greenwood Fattah Manton Sensenbrenner Chenoweth Gilchrest Laughlin Bryant (TN) Dickey Gunderson Fazio Markey Serrano Christensen Gillmor Lazio Bunn Doolittle Gutknecht Fields (LA) Martinez Shays Chrysler Gilman Leach Bunning Dornan Hall (TX) Filner Martini Sisisky Clinger Goodlatte Lewis (CA) Burr Dreier Hancock Flake Mascara Skaggs Coble Goodling Lewis (KY) Burton Duncan Hansen Foglietta Matsui Skelton Coburn Goss Lightfoot Callahan Dunn Harman December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14203 Slaughter Thurman Waxman The text of the motion is as follows: ported this amendment in disagree- Spratt Torres Whitfield Stark Torricelli Williams AMENDMENT NUMBERED 63 ment is to allow an avenue for action if Stokes Towns Wilson Mr. LEWIS of California moves that the a further understanding on the pros- Studds Traficant Wise House recede from its disagreement to the pects for administration approval of Stupak Velazquez Woolsey amendment of the Senate numbered 63, and this bill can be reached. Given the ad- Tanner Vento Wyden concur therein with an amendment, as fol- Taylor (MS) Visclosky Wynn ministration’s recent policy statement Tejeda Ward Yates lows: on this bill, it seems to me the gulf of Thompson Waters In lieu of the matter stricken and inserted differences is too large to be bridged Thornton Watt (NC) by said amendment, insert the following: without a sizable increase in the allo- For necessary expenses for the Corporation NOT VOTING—15 for National and Community Serivce in car- cation for the bill, rendering this ac- Bevill Fowler Ros-Lehtinen rying out the orderly termination of pro- tion futile. Buyer Istook Schroeder grams, activities, and initiatives under the Mr. Speaker, I would just note the Chapman Johnson, Sam Tucker reason that I take this position is be- de la Garza Kasich Volkmer National and Community Service Act of 1990, DeFazio Pelosi Young (AK) as amended (Public Law 103–82), $15,000,000: cause in the statement of administra- Provided, That such amount shall be utilized tion policy, which was received from b 1439 to resolve all responsibilities and obligations the President’s office, they make ref- The Clerk announced the following in connection with said Corporation and the erence to the conference report includ- pair: Corporation’s Office of Inspector General. ing no funds for the President’s suc- On this vote: The SPEAKER pro tempore. Pursu- cessful National Service Program. It Ms. Ros-Lehtinen for, with Mr. DeFazio ant to the rule, the gentleman from says if such funding were eliminated, against. California [Mr. LEWIS] and the gen- the bill would cost nearly 50,000 young Mr. BROWDER and Mr. KENNEDY of tleman from Ohio [Mr. STOKES] will Americans the opportunity to help Massachusetts changed their vote from each be recognized for 30 minutes. their community, through AmeriCorps, ‘‘yea’’ to ‘‘nay’’. The Chair recognizes the gentleman to address vital local needs, such as So the conference report was agreed from California [Mr. LEWIS]. health care, crime prevention, and edu- to. Mr. LEWIS of California. Mr. Speak- cation, while earning a monetary The result of the vote was announced er, I yield myself such time as I may award to help them pursue additional as above recorded. consume. education or training. A motion to reconsider was laid on Mr. Speaker, the motion in disagree- b 1445 the table. ment that is before us involves a dis- AMENDMENT IN DISAGREEMENT agreement between the other body and Then it states emphatically the The SPEAKER pro tempore. The the House relative to the funding of President will not sign any version of Clerk will designate the amendment in that program which is known as this appropriations bill that does not disagreement. AmeriCorps. The actual amendment in- restore funds for this vital program. So, with these observations, Mr. The text of the amendment is as fol- volved here increases the amount from Speaker, I see no need for lengthy de- lows: $6 to $15 million, and provides a foun- bate on this matter, and would advise Senate Amendment Number 63: dation whereby we will be moving to- Page 51, strike out all after line 20, over to Members that I do not intend to seek a ward termination of that program. and including line 3 on page 52 and insert: recorded vote on the motion. For necessary expenses for the Corporation Essentially it is a reflection of the Mr. Speaker, I reserve the balance of for National and Community Service in car- will of the House, which has voted on my time. rying out the orderly terminations of pro- other occasions essentially to termi- Mr. LEWIS of California. Mr. Speak- grams, activities, and initiatives under the nate the funding for AmeriCorps, and er, I yield myself such time as I may National and Community Service Act of 1990, that is what the motion of disagree- as amended (Public Law 103–82), $6,000,000: consume. Provided, That such amount shall be utilized ment is all about. Mr. Speaker, I agree with my col- to resolve all responsibilities and obligations Mr. Speaker, I reserve the balance of league, the gentleman from Ohio [Mr. in connection with said Corporation and the my time. STOKES], that there is no reason to Corporation’s Office of Inspector General. Mr. STOKES. Mr. Speaker, I yield have extended discussion on this mo- Page 53, strike out all after line 9, over to myself such time as I may consume. tion in disagreement. I think it is im- and including line 7 on page 60 and insert: Mr. Speaker, there is really no point portant to say, however, that one of PROGRAM ADMINISTRATION AND MANAGEMENT in spending much time on this amend- the reasons the motion is in this form For program administration and manage- ment reported in disagreement. The is because we wanted to make a tech- ment activities, including necessary ex- issue here has little to do with the po- penses for personnel and related costs and nical change that would allow the travel expenses, including uniforms, or al- sitions of the House or the Senate re- other body, under the rules of the other lowances therefore, as authorized by 5 U.S.C. garding the funding level for the Cor- body, if it so chose, to amend this mo- 5901–5902; services as authorized by 5 U.S.C. poration for National and Community tion in disagreement further. 3109, but at rates for individuals not to ex- Service. The House bill would termi- Mr. Speaker, if between now and that ceed the per diem rate equivalent to the rate nate the corporation and allow the use time the administration is serious for GS–18; hire of passenger motor vehicles; of funds previously appropriated to ac- about wanting to rearrange or make hire, maintenance, and operation of aircraft; complish the orderly shutdown. The purchase of reprints; library memberships in adjustments in this bill that will lead societies or associations which issue publica- Senate bill appropriates $6 million to to agreement between the legislative tions to members only or at a price to mem- carry out the orderly termination of branch and the executive branch that bers lower than to subscribers who are not the corporation’s activities. Obviously, would cause the President to sign this members; construction, alteration, repair, the difference between the two bills is bill, there is that option. It is a very rehabilitation, and renovation of facilities, not great. The motion offered by the narrow window. It seems to be closing not to exceed $75,000 per project; and not to gentleman from California would pro- very rapidly. exceed $6,000 for official reception and rep- vide $15 million for the corporation’s Mr. Speaker, should the President’s resentation expenses; $1,670,000,000, which termination costs. shall remain available until September 30, people inform the President of this op- 1997. Technically, this motion violates the portunity, it could very well be that we Page 60, after line 8 insert: rules of the House, and under normal could have a final bill that is signable (INCLUDING TRANSFER OF FUNDS) circumstances that would be the rea- and thereby service these agencies in a Page 60, line 13, strike out [$28,542,000] and son it is reported in disagreement. fashion that makes sense. If the Presi- insert: $27,700,000. However, since the Republican man- dent chooses not to do this, it is likely MOTION OFFERED BY MR. LEWIS OF CALIFORNIA agers of the bill chose to get waivers of to lead to a long-term continuing reso- Mr. LEWIS of California. Mr. Speak- the rules in about a hundred other in- lution that will cause all of these agen- er, I offer a motion. stances where they violated the rules, I cies to be funded at something like 25 The SPEAKER pro tempore. (Mr. don’t think that is the real reason. percent below the 1995 year. COMBEST). The Clerk will designate the It would appear that the underlying Mr. Speaker, for that reason, the mo- motion. reason the managers of the bill re- tion in disagreement is in the form H 14204 CONGRESSIONAL RECORD — HOUSE December 7, 1995 that it is in. I would urge the Members a number of bills under suspension of a time when all of us could conclude it to support my position on the motion. the rules. I will not read through the would be realistic, many assuming it Mr. Speaker, I reserve the balance of bills now, but a list will be distributed might be sometime in mid-January? my time. to Members’ offices. We will then turn Mr. ARMEY. Mr. Speaker, if the gen- Mr. STOKES. Mr. Speaker, I have no to H.R. 2621, legislation concerning dis- tleman would yield. further requests for time, and I yield investment of Federal trust funds. Mr. FAZIO of California. Mr. Speak- back the balance of my time. Members should be advised that we er, I am more than happy to yield on Mr. LEWIS of California. Mr. Speak- do not expect recorded votes until 5 that. er, I yield back the balance of my time. o’clock p.m. on Tuesday, December 12. Mr. ARMEY. Mr. Speaker, the gen- The SPEAKER pro tempore (Mr. For Wednesday and the balance of tleman is aware that even today, after COMBEST). Pursuant to House Resolu- the week, we expect to consider the fol- informing the press, the President’s ne- tion 291, the previous question is or- lowing bills, all of which will be sub- gotiations team is going to present to dered. ject to rules: H.R. 2666, the Foreign Op- the budget negotiation meetings their The question is on the motion offered erations Appropriations Act for fiscal recommendation for a 7-year balanced by the gentleman from California [Mr. year 1996; the conference report for budget with OMB scoring. We would LEWIS]. H.R. 1977, the Interior Appropriations obviously want to give that all the con- The motion was agreed to. Act for fiscal year 1996; the conference sideration it is due. A motion to reconsider was laid on report for H.R. 2546, the District of Co- Of course, seeing that the President the table. lumbia Appropriations Act for fiscal is moving in the direction of a 7-year f year 1996; the conference report for S. balanced budget, we remain hopeful 1026, the Department of Defense au- and optimistic that during the course PERSONAL EXPLANATION thorization bill; H.R. 1020, the Inte- of this weekend and next week that we Mr. NEUMANN. Mr. Speaker, for grated Nuclear Spent Fuel Manage- will come to a conclusion of these whatever reason, my vote on H.R. 2684, ment Act; the conference report for S. budget negotiations. At that time, of the Senior Citizens Right To Work Act, 652, the Telecommunications Competi- course, as we have racked up the work, was not recorded. I strongly support tion and Deregulation Act of 1995; and, we will address the question and the the bill and I wanted my vote to be H.R. 1745, the Utah Public Lands Man- need for a continuing resolution to ‘‘aye.’’ agement Act of 1995. handle that discretionary spending for f Also, it is possible that legislation bills not yet approved by the President. pertaining to the deployment of troops Mr. FAZIO of California. Mr. Speak- PERSONAL EXPLANATION in Bonsia would be considered next er, I realize that the general budget de- Mrs. CHENOWETH. Mr. Speaker, on week. bate is going to continue for a while, December 5, I was unable to be here As Members know, the continuing and there are many, many issues in due to illness and I missed rollcall resolution expires Friday, December 15. disagreement, but the fundamental votes numbered 834, 835, 836, and 837. I am hopeful that progress will be made need to keep the government function- Had I been here, I would have voted in ongoing budget negotiations that ing now is, I think, something that ‘‘yes’’ on rollcall 834, ‘‘yes’’ on rollcall would result in legislation that will grows more important to more Mem- vote 835, ‘‘yes’’ on rollcall vote 836, and balance the budget in 7 years; perma- bers as we get closer to the holidays. ‘‘yes’’ on rollcall vote 837. nently increase the public debt limit; I have heard from both sides of the f and, fund those areas of government aisle, and on the other side of the Cap- itol as well, that there is no stomach LEGISLATIVE PROGRAM for which appropriations bills have not yet been approved. for sending Federal employees on an- (Mr. FAZIO of California asked and However, given these unusual cir- other unnecessary furlough around the was given permission to address the cumstances, it is impossible to inform holidays, when we are not going to be House for 1 minute.) Members with any accuracy when the able to resolve the fundamental budget Mr. FAZIO of California. Mr. Speak- House will adjourn next week. issue anyway. er, I ask for this time for the purpose Mr. FAZIO of California. Mr. Speak- Mr. Speaker, is there any hope that of yielding to the distinguished major- er, I would yield to the gentleman fur- we could have at least a short-term ex- ity leader, the gentleman from Texas ther to inquire if it is possible to give tension of the CR to allow the Repub- [Mr. ARMEY], to announce the schedule the Members any more certainty when lican majority to catch up with the for the next week and the remainder of the Bosnia resolution would be consid- schedule on the appropriation bills? this season. ered. I know that every Member would Mr. ARMEY. Mr. Speaker, I appre- Mr. ARMEY. Mr. Speaker, will the want to be present for that debate and ciate the gentleman’s inquiry. Mr. gentleman yield? that vote. Speaker, I would join my colleague Mr. FAZIO of California. I am more Mr. ARMEY. Mr. Speaker, if the gen- from California in regretting the Presi- than happy to yield to the gentleman tleman would again yield, I thank the dent’s earlier decision to shut down the from Texas. gentleman for his inquiry. Mr. Speak- Government and unnecessarily fur- Mr. ARMEY. Mr. Speaker, this vote er, I am sorry I cannot be more precise. lough workers. I can only assure the marks the end of the legislative busi- I know that that would not happen on gentleman from California we will ness for the week. On Monday, Decem- Tuesday. It could not happen before present the President with an oppor- ber 11, the House will meet in pro Wednesday, I am sure, out of consider- tunity to maintain continuing oper- forma session. There will be no legisla- ation for the Members. Other than ation of the Federal Government and tion business that day. that, I really cannot give the gen- to avoid that. On Tuesday, December 12, the House tleman any more precise information. Mr. Speaker, I am sure the gen- will meet at 10 o’clock a.m. and recess Mr. FAZIO of California. Mr. Speak- tleman from California would join me immediately to receive Prime Minister er, Wednesday and Thursday are the in hoping that given that opportunity Peres of Israel in a joint meeting of the most likely dates? that the President will most certainly House and the Senate. Mr. ARMEY. Most likely. be presented with, that he would opt Mr. Speaker, the House will recon- Mr. FAZIO of California. Mr. Speak- this time to not shut down the Govern- vene at 1 p.m. for morning hour and er, if the gentleman would respond fur- ment as he did last time. 2:30 p.m. for legislative business. We ther, I know that we have a need for a Mr. FAZIO of California. Mr. Speak- will first consider two bills on the Cor- third CR. Everybody is aware of the er, reclaiming my time, there is cer- rections Day Calendar: H.R. 1787, a bill fact that it seems we have six appro- tainly no question, when we have not to repeal the saccharin notice require- priation bills that have not yet made it sent six of the appropriations bills to ment; and H.R. 325, the communter op- to the President for signature or veto. him by the December 7 date, well be- tion bill. Mr. Speaker, could the gentleman yond the normal October 1 fiscal year After consideration of the correction give us some understanding as to when date, it is kind of difficult to blame the of corrections day bills, we will take up it will be possible to extend this CR to President. December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14205 Mr. Speaker, let me conclude by ask- AUTHORIZING THE SPEAKER TO with House amendments thereto, insist ing this: Many of us will be traveling DECLARE A RECESS ON TUES- on the House amendments, and agree back to our districts for the Christmas DAY, DECEMBER 12, 1995, FOR to the conference asked by the Senate. holidays. Given the complexity of air- THE PURPOSE OF RECEIVING IN The SPEAKER pro tempore (Mr. line reservations as we get close to the JOINT MEETING HIS EXCEL- FOLEY). Is there objection to the re- holidays, the difficulty in rescheduling, LENCY, SHIMON PERES, ACTING quest of the gentleman from Virginia? is there any way the gentleman could PRIME MINISTER OF ISRAEL The Chair hears none, and without ob- give the Members any kind of certainty Mr. ARMEY. Mr. Speaker, I ask jection, appoints the following con- as to what time we would be allowed, unanimous consent that it may be in ferees: assuming we do not have a resolution order at any time on Tuesday, Decem- From the Committee on Commerce, of this budget impasse, to return to our ber 12, 1995, for the Speaker to declare for consideration of the Senate bill and districts, to our families, so that we a recess subject to the call of the Chair the House amendment, and modifica- would not once again be in the position for the purpose of receiving in joint tions committed to conference: Messrs. of having canceled flights and an in- meeting His Excellency Shimon Peres, BLILEY, BILIRAKIS, COBURN, WAXMAN, ability to get new accommodations for Prime Minister of Israel. and STUDDS. There was no objection. travel? The SPEAKER pro tempore. Is there f Mr. ARMEY. Mr. Speaker, if the gen- objection to the request of the gen- FEDERAL REPORTS ELIMINATION tleman would again yield, I too share tleman from Texas? AND SUNSET ACT OF 1995 the gentleman’s concern about the There was no objection. spending bills not yet completed, par- Mr. ARMEY. Mr. Speaker, I ask Mr. EHRLICH. Mr. Speaker, I ask ticularly Health and Human Services, unanimous consent that it be the con- unanimous consent to take from the the biggest discretionary spending bill sent of the House that the Dallas Cow- Speaker’s table the Senate bill (S. 790) of all, which is, as the gentleman boys be recognized as America’s favor- to provide for the modification or knows, being held up by a Democrat ite football team. elimination of Federal reporting re- minority filibuster in the other body. Mr. UPTON. Mr. Speaker, I object. quirements, with Senate amendments to the House amendment thereto, and Perhaps we could get that broken out. f But frankly, Mr. Speaker, until we agree to the Senate amendments to the can get more serious discussions about QUESTIONS REGARDING END-OF- House amendment. the budget in the budget conference SESSION SCHEDULE The Clerk read the title of the bill. with the President and his team, it is (Mr. ABERCROMBIE asked and was The Clerk read the Senate amend- very hard for me to predict what will given permission to address the House ments to the House amendment, as fol- be the outcome, having even yet to this for 1 minute.) lows: point, today, recognizing of course that Mr. ABERCROMBIE. Mr. Speaker, if Senate amendments to House amendment: the press has been briefed, but I, as a the majority leader has not left the Page 3, of the House engrossed amendment, floor, I would certainly like to ask that in the table of contents, strike out ‘‘Sec. member of that conference, have not 2021. Reports eliminated.’’ and insert ‘‘Sec. yet seen a serious proposal from the he come back and answer a question 2021. Reports modified.’’. White House. So, as we await that kind that I had in the minute that has been Page 18, of the House engrossed amend- of work, we will continue to be hopeful given to me. ment, strike out lines 6 and 7. that some of us may be home for Mr. Speaker, if he will not, I would Page 18, line 8, of the House engrossed Christmas. say, Mr. Speaker, that I am going to amendment, strike out ‘‘(2)’’ and insert Mr. FAZIO of California. Mr. Speak- try and not use the word ‘‘bitter,’’ but ‘‘(1)’’. Page 18, line 9, of the House engrossed er, I think at this point, having ex- I certainly object to the cavalier fash- ion with which the majority leader just amendment, strike out ‘‘(3)’’ and insert hausted any potential questions and ‘‘(2)’’. certainly not having received any an- left the floor talking about the Dallas Page 39, line 6, of the House engrossed swers, I would be more than happy to Cowboys, when there were serious amendment, strike out ‘‘reports’’ and insert yield back my time. questions asked and no answer was re- ‘‘report’’. ceived with respect to what is going to Page 39, line 7, of the House engrossed f happen with this ostensible Christmas amendment, strike out all after ‘‘936(b))’’ holiday that is coming up. down to and including ‘‘Code,’’ in line 8. Mr. Speaker, I want to know, not just Page 43, of the House engrossed amend- DISPENSING WITH CALENDAR for my convenience or inconvenience ment, strike out line 19 and all that follows WEDNESDAY BUSINESS ON over to and including line 2 on page 45. with respect to travel. I think the peo- WEDNESDAY NEXT Page 49, line 21, of the House engrossed ple of this country are entitled to know amendment, strike out ‘‘ELIMINATED’’ and Mr. ARMEY. Mr. Speaker, I ask whether the majority of this House has insert ‘‘MODIFIED’’. unanimous consent that the business come to a conclusion as to whether or Mr. EHRLICH (during the reading). in order under the Calendar Wednesday not there is going to be a holiday; as to Mr. Speaker, I ask unanimous consent rule be dispensed with on Wednesday whether or not there is going to be a that the Senate amendments to the next. shutdown of the Government; and, House amendment be considered as The SPEAKER pro tempore. Is there whether they can give us a date as to read and printed in the RECORD. objection to the request of the gen- whether we are going home. The SPEAKER pro tempore. Is there tleman from Texas? Mr. Speaker, I do not think we need objection to the request of the gen- There was no objection. to end today’s business of the legisla- tleman from Maryland? tive week with the majority leader Mrs. COLLINS of Illinois. Mr. Speak- f cracking jokes about the Dallas Cow- er, reserving the right to object, I do boys, as if there is no serious business not intend to object. I yield to the gen- being done on this floor. ADJOURNMENT TO MONDAY, tleman from Maryland [Mr. EHRLICH] f DECEMBER 13, 1995 for a brief explanation of the Senate b 1500 amendment. Mr. ARMEY. Mr. Speaker, I ask Mr. EHRLICH. Mr. Speaker, I thank unanimous consent that when the APPOINTMENT OF CONFEREES ON the gentlewoman for yielding to me. In House adjourns today, it adjourn to S. 641, RYAN WHITE CARE REAU- drafting this expansive and important meet at noon on Monday, December 13, THORIZATION ACT OF 1995 piece of legislation it was discovered 1995. Mr. BLILEY. Mr. Speaker, I ask that four inadvertent drafting errors The SPEAKER pro tempore. Is there unanimous consent to take from the existed. Senator JOHN MCCAIN offered objection to the request of the gen- Speaker’s table the Senate bill (S. 641) the amended version in the Senate yes- tleman from Texas? to reauthorize the Ryan White CARE terday and it passed with no objection. There was no objection. Act of 1990, and for other purposes, Both the House and Senate majority H 14206 CONGRESSIONAL RECORD — HOUSE December 7, 1995 and the minority have concurred with SPECIAL ORDERS There was no objection. these technical changes prior to Sen- The SPEAKER pro tempore. Under f ator MCCAIN offering his version on the the Speaker’s announced policy of May The SPEAKER pro tempore. Under a Senate floor yesterday. I urge Members 12, 1995, and under a previous order of previous order of the House, the gen- of this body to join me in support of the House, the following Members will tleman from Illinois [Mr. POSHARD] is this bill so that it can be sent to the be recognized for 5 minutes each. recognized for 5 minutes. President and this redtape burden can f be lifted from the executive branch. I [Mr. POSHARD addressed the House. hope that this fully explains the gen- The SPEAKER pro tempore. Under a His remarks will appear hereafter in tlewoman’s inquiry. previous order of the House, the gen- the Extensions of Remarks.] Mrs. COLLINS of Illinois. Mr. Speak- tleman from Indiana [Mr. BURTON] is f er, I withdraw my reservation of objec- recognized for 5 minutes. The SPEAKER pro tempore. Under a tion. [Mr. BURTON of Indiana addressed previous order of the House, the gen- The SPEAKER pro tempore. Is there the House. His remarks will appear tleman from New Jersey [Mr. objection to the request of the gen- hereafter in the Extension of Re- FRELINGHUYSEN] is recognized for 5 tleman from Maryland? marks.] minutes. There was no objection. f [Mr. FRELINGHUYSEN addressed The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Under a the House. His remarks will appear objection to the original request of the previous order of the House, the gen- hereafter in the Extensions of Re- gentleman from Maryland? tleman from Florida [Mr. GIBBONS] is marks.] There was no objection. recognized for 5 minutes. f A motion to reconsider was laid on [Mr. GIBBONS addressed the House. The SPEAKER pro tempore. Under a the table. His remarks will appear hereafter in previous order of the House, the gen- f the Extension of Remarks.] tleman from American Samoa [Mr. f FALEOMAVAEGA] is recognized for 5 REFERRAL OF VETO MESSAGE ON The SPEAKER pro tempore. Under a minutes. H.R. 2586, TEMPORARY INCREASE previous order of the House, the gen- [Mr. FALEOMAVAEGA addressed the IN PUBLIC DEBT LIMIT, TO COM- tleman from Michigan [Mr. SMITH] is House. His remarks will appear here- MITTEE ON WAYS AND MEANS recognized for 5 minutes. after in the Extensions of Remarks.] Mr. ARCHER. Mr. Speaker, I ask [Mr. SMITH of Michigan addressed f unanimous consent that the veto mes- the House. His remarks will appear The SPEAKER pro tempore. Under a sage on the bill (H.R. 2586) to provide hereafter in the Extension of Re- previous order of the House, the gen- for a temporary increase in the public marks.] tleman from Kansas [Mr. TIAHRT] is debt limit, and for other purposes, be f recognized for 5 minutes. referred to the Committee on Ways and The SPEAKER pro tempore. Under a [Mr. TIAHRT addressed the House. Means. previous order of the House, the gentle- His remarks will appear hereafter in The SPEAKER pro tempore. Is there woman from the District of Columbia the Extensions of Remarks.] objection to the request of the gen- [Ms. NORTON] is recognized for 5 min- f tleman from Texas? utes. There was no objection. The SPEAKER pro tempore. Under a [Ms. NORTON addressed the House. previous order of the House, the gen- f Her remarks will appear hereafter in tleman from Maryland [Mr. MFUME] is the Extension of Remarks.] recognized for 5 minutes. SUPPORT THE RICKY RAY BILL f [Mr. MFUME addressed the House. (Mr. GOSS asked and was given per- The SPEAKER pro tempore. Under a His remarks will appear hereafter in mission to address the House for 1 previous order of the House, the gen- the Extensions of Remarks.] minute and to revise and extend his re- tleman from Washington [Mr. f marks.) METCALF] is recognized for 5 minutes. The SPEAKER pro tempore. Under a Mr. GOSS. Mr. Speaker, this morn- [Mr. METCALF addressed the House. previous order of the House, the gen- ing, more than 200 high school students His remarks will appear hereafter in tleman from North Carolina [Mr. gathered on the Capital steps to rally the Extension of Remarks.] JONES] is recognized for 5 minutes. in support of ‘‘justice for all.’’ They f urge our passage of H.R. 1023, the [Mr. JONES addressed the House. His Ricky Pay Hemophilia Relief Fund REPORT ON RESOLUTION PROVID- remarks will appear hereafter in the Act. This is a justice bill, designed to ING FOR CONSIDERATION OF Extensions of Remarks.] meet Government’s share of the re- H.R. 2621, PROTECTING FEDERAL f sponsibility for a terrible medical trag- TRUST FUNDS edy that occurred in the early 1980’s, Mr. GOSS, from the Committee on ON THE BUDGET when 8,000 people with hemophilia be- Rules, submitted a privileged report The SPEAKER pro tempore. Under a came infected with the virus that (Rept. No. 104–388) on the resolution (H. previous order of the House, the gentle- causes AIDS through the use of con- Res. 293) providing for the consider- woman from Texas [Ms. JACKSON-LEE] taminated blood products. A review of ation of the bill (H.R. 2621) to enforce is recognized for 5 minutes. the record shows that the Government the public debt and to protect the So- Ms. JACKSON-LEE. Mr. Speaker, failed to respond to the early warning cial Security trust funds and other many times during the vigorous debate signs of blood-borne AIDS and missed Federal trust funds and accounts in- on the House floor, much of what is opportunities to protect hemophiliacs. vested in public debt obligations, which spoken of is sometimes confusing and The students have chosen to lobby on was referred to the House Calendar and traveling in murky waters as the behalf of this legislation in part be- ordered to be printed. American people try to understand the cause most of them today are at the f direction that this Congress is taking. age that Ricky Ray—a constituent of Interestingly enough, as we heard last mine—would have been if he had lived. VACATING OF SPECIAL ORDER evening, the President vetoing H.R. Tragically, Ricky Ray, and too many Mr. GOSS. Mr. Speaker, I ask unani- 2491, many might have thought that like him, succumbed to AIDS in De- mous consent to vacate my request to here we go again with an attempt at cember of 1992, at the age of only 15. speak for 5 minutes today. being an obstructionist and not pursu- Please join more than 160 of our col- The SPEAKER pro tempore. Is there ing the needs of the American people. leagues and cosponsor this bill. It’s the objection to the request of the gen- But I think there needs to be a little right thing to do. tleman from Florida? explanation as to how we got to this December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14207 day, for many of us stayed here the A master plan sets the direction of Yugoslavia. I traveled over into Yugo- weekend before Thanksgiving to make how we should be able to compete and slavia, and the terrain in that area is a commitment to the American people. how we should be able to structure a mountainous. Winter is coming in the That was that we would get a budget housing development that will respond Balkans at this time. We have got and, yes, we would agree on a 7-year to all the needs of the people. Yes, I am tanks over there that are going to be budget. But as Democrats and the for preservation that would preserve messed up in the mush and the slog of President pressed forward, we made the concepts and the architectural de- winter. There are millions of land certain points that must be reempha- sign of an entity that has been noted as mines that have been planted by the sized. We said we would do so, protect- having historic value. But we have an Bosnia Serbs, and Croats, and Moslems. ing Medicare, Medicaid, student loans, extraneous language in the VA–HUD And the President said he is sending food stamps, not hurt the environment, bill that does not relate to bringing American troops over there to keep the raise taxes, not raise taxes on millions people together in Houston. It relates peace, and that we are going to impose of working men and women and their to tearing us apart. and we are going to bring about a families by slashing the earned income I am going to stand my ground, and peace, and we are going to stop the tax credit, and thereby providing a that ground is to work with all the par- genocide of these people. Well, if we go huge tax cut for beneficiaries making ties to ensure that we do have good everywhere in the world simply be- over $200,000. That, Mr. Speaker, was in housing in Houston in the Allen Park- cause people ware fighting and killing the continuing resolution, no doubt. way Village. It is for the elderly. We each other, we could be in Sudan, we could be in Northern Ireland, we could The language was as clear as black and have it for those needing public hous- be in Afghanistan, we could be all over white. ing. We have it for working families. Now we come to a point where we are the world. This is an absurdity. We have a concept, a campus style con- In 1386 they had a famous battle, the making accusations about the Presi- cept that provides educational train- dent’s veto. He made it clear. We will Battle of the Blackbirds in the former ing, recreational services, job training Serbia and Yugoslavia, and that is work with you on a 7-year budget. But so that those citizens in public housing we understand the needs of Americans, when the Serbs lost, and the Ottoman can get out of public housing and be- Turks came in, and they won, and education, Medicare reform, but han- come independent and move into other many of the people converted or were dling and responding to the needs of styles of housing. forced to convert to Islam. Today the Americans with health care, Medicaid, It is important, Mr. Speaker, that Serbs, who are Orthodox Christians, the environment. How many Ameri- just as the President has asked and the are still upset and they are still seek- cans have sent the Republicans here to Democrats have committed to, we ing revenge, and they are still fighting dismantle the Clean Water Act and the must work together on the budget, pro- against those who became Moslems. So Clean Air Act? tecting the environment, protecting you see you have an ethnic strife that This is reflected in the VA–HUD bill those who need Medicare and Medicaid, that we saw today passed, even though has been going on for 600 years, and we protecting those who need educational are supposed to send troops over there it cuts VA facilities, veterans facilities loans. And, yes, when we talk about for 1 year, let them stand in place, get by 62 percent. It cuts housing programs public housing, we must work together killed by land mines, get killed by rad- by 21 percent. It cuts the Environ- because those of us who work together ical Arab terrorists who are in the mental Protection Act by 21 percent. It will get the right job done for all of area, and then we exit after 1 year sup- cuts Superfund cleanups which in fact America. posedly, and we will have established in my home communities in the 18th f peace that has not been there for 600 Congressional District, two neighbor- years. Come on, Mr. President, give me hoods now are facing the need to have BOSNIA a break, get real. environmental cleanup. That is cut by The SPEAKER pro tempore. Under a The cost in lives to America is some- some 19 percent. Funds for elderly and previous order of the House, the gen- thing that we ought to be very careful disabled housing are each cut by 40 per- tleman from North Carolina [Mr. about, and the cost in dollars. First of cent. FUNDERBURK] is recognized for 5 min- all, the President said he was only But the real irony, Mr. Speaker, is utes. going to send 20,000 troops. That is that just 8 days or so ago, this VA– Mr. FUNDERBURK. Mr. Speaker, I what he told the American people. Now HUD bill was recommitted to the con- am here to talk about the tragedy of it is up to 37,000 troops. First he said it ference committee with instructions to American troops being sent to Bosnia is only going to cost us $2 billion. Now restore dollars for veterans health. In and the fact that the President has it is up to $4 billion. the shadow of Bosnia and on this fa- made a decision without consulting I mean we are up here to balance the mous day, December 7, 1995, reflecting with the American people and without budget, we are here to reduce the defi- on December 7, 1941, here we go again consulting with Congress. cit, we are here to cut costs, and the in rejecting the service that veterans b 1515 President is getting money for a Mexi- have done. Just 8 days ago we recom- can bailout, $25 billion out of a slush mitted it, but today we have the same We are here for a purpose in the Peo- fund. Now he wants to send $4 billion, Members who voted last time to recom- ple’s House. We were elected to rep- probably much more, to Bosnia, a place mit change their votes because they resent the people. Article I, section 8 of that is an artificial creation, it is not are more concerned with being in step the Constitution gives the Congress the a member of NATO. We have NATO set with the majority than being in step authority and the power to raise funds up to defend members of NATO against with the American people. for armies and for the Navy. The Presi- the Soviet threat. What happened to Then in my own district of Houston, dent, like he did with the Mexican bail- the Soviet threat? So he said we have we find in the VA–HUD bill extraneous out, has simply gone around the Con- got to save NATO by going to Bosnia. material dealing with public housing. gress and tried to circumvent us in this Are you ready for this? The President Let me set the record clear. For this action. backed last week the Foreign Minister project, Allen Parkway Village, I am It is obvious from the polls taken of Spain, Spain is not even part of the for providing housing, public housing around the country, and it is obvious military aspect of NATO, he backed for the 13,000 who are on the waiting from the people who call into our office the Foreign Minister, Javier Solana, to list in Houston. I am for providing every day, that there is very little sup- be the new NATO military commander. housing for seniors, working parents, port for the President’s action, yet he Well, this is an anti-NATO guy who is affordable housing and, yes, public has gone ahead without the support of a member of the Socialist Worker’s housing for those who need it. I am the people and without the support of Party, tried to establish communism in particularly for getting a master plan the Congress, and I think there is a Spain, one of Fidel Castro’s best that will include the Houston Housing tragedy in the making. friends. Now he is the head of NATO. Authority, the city of Houston, the Personality I lived 6 years of my life We want to go save NATO under the residents and all parties that have been in the Balkans. I was a United States NATO military command of Javier involved. Ambassador to Romania, which borders Solana. Give me a break. H 14208 CONGRESSIONAL RECORD — HOUSE December 7, 1995 The President apparently has poll- I want to discuss another issue be- who may not go to college, but in fact sters who have told him, ‘‘What you’ve cause from time to time Members of may work at McDonald’s, may in fact got to do is establish some leadership the House talk about public education become a store manager and a store credentials, so go over there, and look as if it is a disaster, and they make un- owner, may work at Publix as a bag presidential, act like command in kind statements to public education. boy and rise to be a manager of that chief, and the people will reward you The teaching profession, teaching our store; that it is within each of us that for it.’’ Not only that, they told him children, is one of the most noble pro- we can excel, that we can excel and be something, and if this is the way he is fessions in our Nation. supportive of this great country of operating, and this is truly what is be- There are problems in schools. There ours. hind this, this is a very cynical way to are problems on campuses. But they We have got to focus in this Congress manipulate the American people and to are not all related to schools and pub- about the very good things in our Na- perhaps bring about the loss of lives lic education. They are related to a lot tion and not always be talking about and a lot of dollars. They said, you of external factors in our Nation. negativity, and disastrous con- know, ‘‘It doesn’t matter if the Amer- I think about one of my counties, sequences and evil, mean-spirited poli- ican people are opposed to this action, Palm Beach County, and I think of all tics, because this Nation is the great- it does not matter if Congress is op- the great things our school systems are est Nation on Earth. God’s gift to us posed to it. You put the troops in the doing. My father is a principal of an al- has been one of being able to enunciate field, and they will be forced to do the ternative school, a school of last resort those positive things on this floor. loyal thing and say they support the for children with behavioral problems, So let us respect teachers, let us re- American troops.’’ drug addictions, truancy problems. He spect public education, let us respect That is the box he is putting us in, tells us often about the successful private schools, but education is and I think he is making a tragic mis- graduations of children that were oth- everybody’s future, it is our Nation’s take, and I wish he would reconsider. erwise thought of as not having a po- salvation, it is the elimination in the f tential for passing anything, never future of crime and dependency in our mind high school, but they graduate; The SPEAKER pro tempore. Under a Nation. stories about young girls who become So, I urge my colleagues to focus in previous order of the House, the gen- naval officers, who are the top of the the next year ahead, as we enter 1996, tleman from Texas [Mr. BRYANT] is rec- naval class, who a few years earlier on positive education, positive future ognized for 5 minutes. were counted out as derelicts, druggies, for our Nation, positive leadership for [Mr. BRYANT of Texas addressed the incompetent youth. The School of the our children. House. His remarks will appear here- Arts in Palm Beach County, allowing f after in the Extensions of Remarks.] kids to express God-given talents in f arts, and music, and dance, and thea- KEEP MEDICAID INTACT The SPEAKER pro tempore. Under a FOCUSING ON A POSITIVE FUTURE ter, things that are not traditional, but they are learning something that they previous order of the House, the gen- The SPEAKER pro tempore. Under a have a skill and an expertise in. Junior tleman from New Jersey [Mr. PALLONE] previous order of the House, the gen- ROTC programs teaching children mili- is recognized for 5 minutes. tleman from Florida [Mr. FOLEY] is tary leadership. They are enrolling doz- Mr. PALLONE. Mr. Speaker, today recognized for 5 minutes. ens of people in my school community, was National Medicaid Day, and my- Mr. FOLEY. Mr. Speaker, first of all, and they are succeeding in educating self, and Senator LAUTENBERG, and a I wanted to thank the President of the our young people. The science, the number of other Members of Congress, United States. We had the great for- math, the police academies that spring participated in an event on the front tune of going to the White House the up around our communities that are lawn of the Capitol where we stressed other evening for the Congressional successfully graduating children with the fact that the Medicaid changes Ball, and my mother, Frances Foley, an educational opportunity that allows that have been proposed by the Repub- was in town. I was able to take her to them to go out, and get a job and be- lican leadership will have a severely that great honor, and it was an evening come meaningful, taxpaying, produc- negative impact on the low-income of celebration, it was an evening of tive citizens. people, be they seniors, children, the sharing the great bounty of this Nation Palm Beach Garden High School; I disabled, who now benefit from the in the people’s home, the White House, visited the film school. We did inter- Medicaid Program, which is the Fed- and, yes, as a Republican, it was a views. They had tremendous techno- eral program that guarantees health great honor to be in the company of logical equipment, learning to be little care for low-income people. President Clinton and his wife. broadcasters. Someday they may be on I was very pleased to see that yester- The spirit that was alive in the the evening news. day when the President signed his veto house, the White House, that evening, These are things that are working in and sent his veto message to Congress was one that should be evident on this our school system that we need to in reaction to the Republican leader- floor, one that should be evident in the magnify, talk about in a positive way, ship budget that he stressed the ex- debate about our budget for the Na- show that public education is working, treme impact, if you will, and the un- tion’s future. He signed the veto mes- show that teachers who are sacrificing acceptable changes in the Medicaid sage the other day, and the pen failed in a job dealing with difficult students program that were set forth in that Re- to write, and while many are making a are doing so because they love this publican budget. I am hopeful that dur- joke about it, it does symbolize one country, they love children, and they ing the negotiations that are taking thing: Our well is dry here in the Na- want to see the future of those children place now over the budget where the tion’s Treasury. We are running on succeed. President and the congressional leader- empty financially. It is time to step up Future Farmers of America pro- ship, particularly the Republican lead- to the plate and face the very impor- grams, 4–H Clubs, all things that are ership, seek to come together on a tant responsibility of Congress with working in public education that we all compromise budget bill, that the bill the help of the President in balancing too often in Congress just say things will successfully keep Medicaid intact the budget with legitimate numbers, are bad in public education, but it is and guarantee health care coverage for with legitimate dialog, with legitimate time to stand up for the programs that those people that are currently covered protections for our Nation’s resources, work. It is time to talk about the one by the Medicaid Program. but doing it in an honest and honorable thing that we can make certain when What I think is most important dur- and peaceful fashion, so that all Ameri- we talk about the future direction of ing these negotiations is that the Med- cans, regardless of party, can be proud America is that children have a posi- icaid guarantee, the guarantee that has of the actions of this Congress, that tive education, that they learn, that been around here now for 30 years, that they have, in fact, done the people’s they are inspired, that they are told low-income people have health care work and they have done it profes- different things, learn to work on com- coverage, that those same eligible peo- sionally and respectfully. puters, learn to talk about children ple be eligible in guaranteed health December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14209 care under whatever comes out of these them, that those same minimum level fare instead of work. We have the high- budget negotiations. of services be included for a national est crime rate in the world, and many There has been a lot of talk about standard so that individual States can of our inner cities are devastated. flexibility on the Republican side, and change it. Is the President endorsing LBJ’s war specifically today a number of Repub- Fourth, the President said that the on poverty that has cost $5 trillion and lican Governors came down to the cap- Republican budget purports to protect left this country’s poor in worse shape ital and stressed that they would like certain vulnerable populations with that before? One more question, Mr. to have flexibility in the Medicaid Pro- set-asides, but would cover less than Speaker. When Bill Clinton was run- gram and how it is administered, and I half of the estimated needs of senior ning for President, he promised to bal- agree with that concept of flexibility. citizens and people with disabilities in ance the budget in 5 years. In his first But the flexibility should not go so far the year 2002. The best example of this State of the Union address he promised that they can declare certain people in- are those particularly vulnerable sen- to use economic projections of the Con- eligible for Medicaid and, therefore, iors who are low income, who now have gressional Budget Office. Now he not have no health insurance, or set the their Medicare part B coverage paid, only refuses to offer a real 7-year bal- standards and the coverage for the but would not necessarily have it under anced budget plan, but he uses eco- Medicaid Program so low or so slim, so this proposal. As I said again, Mr. nomic figures cooked up by his own to speak, that the type of coverage Speaker, we will be talking about this economists so he does not have to make tough choices. Then he stands on that is now provided where certain a lot more. It is most important that the sidelines and demagogues honest services, certain health care services, Medicaid be guaranteed for those low- efforts to balance the budget. Why does are provided, would not be provided or income people. the President consistently say one the quality of care would be dimin- f thing and do another? ished. The SPEAKER pro tempore (Mr. I realize that this may sound more So I am hopeful that we will not only FOLEY). Under a previous order of the than a little partisan, but frankly, I see in these negotiations a Medicaid House, the gentleman from Indiana am upset about a veto of the first bal- Program that guarantees coverage for [Mr. SOUDER] is recognized for 5 min- anced budget we have had in more than those who are not eligible for Medicaid, utes. a generation, our first and perhaps last but also that certain minimum stand- [Mr. SOUDER addressed the House. chance to stop robbing our children ards be put in place as to what a health and grandchildren. care coverage or what a policy would His remarks will appear hereafter in the Extensions of Remarks.] My daughter, 13 years old, my son, 24 include for low-income people, and years old, what kind of future are they lastly that sufficient funding be put f going to have unless we get realistic back into the budget bill for the Medic- PRESIDENT CLINTON’S VETO OF about balancing the budget? I call on aid Program so that we do not see a de- THE BALANCED BUDGET ACT the President to do just that. The cline in quality for the program. PURELY A PUBLIC RELATIONS President’s LBJ pen did not work at b 1530 STUNT first. After trying a new inkwell he was finally able to sign his name. If there The SPEAKER pro tempore. Under a The President mentioned in his veto was any justice, the ink would have previous order of the House, the gen- message five concerns that he had been red. about the Republican budget when it tleman from Kentucky [Mr. LEWIS] is f dealt with Medicaid. I would like to go recognized for 5 minutes. through those briefly. Mr. LEWIS of Kentucky. Mr. Speak- The SPEAKER pro tempore. Under a First, he said that the Republican er, as we all know, the President ve- previous order of the House, the gentle- budget cuts Federal Medicaid pay- toed the Balanced Budget Act of 1995. I woman from Idaho [Mrs. CHENOWETH] is ments to States by $163 billion over 7 am not surprised, but I am dis- recognized for 5 minutes. years, a 28 percent cut by the year 2002 appointed. I want to talk about why I [Mrs. CHENOWETH addressed the below what the Congressional Budget believe the President vetoed what I House. Her remarks will appear here- Office estimates is necessary for Medic- think was a very good budget for this after in the Extensions of Remarks.] aid spending. So the concern here is country. It was a bad veto for all of us. f that if you cut Medicaid by 20 percent First of all, it was purely a public rela- THE REAL ISSUES REGARDING over what we estimate we need for tions stunt, as full of irony as hypoc- AMERICA’S ROLE IN BOSNIA those who are currently eligible for risy. The President had the pen Lyndon The SPEAKER pro tempore. Under a Medicaid, that by the year 2002 States Johnson used to sign Great Society previous order of the House, the gen- with the lesser funds would have to into law flown into Washington, DC tleman from California [Mr. HORN] is eliminate that many people from the from Texas. recognized for 5 minutes. Medicaid Program. After his speech, the President quick- Mr. HORN. Mr. Speaker, the tragedy Second, the President mentioned ly left the room before he had to an- in Bosnia is very much on the mine of that the Republican bill converts Med- swer questions about his balanced every Member of this Chamber. Bosnia icaid into a block grant with dras- budget, but there were plenty of ques- is not a partisan matter. Our policy in tically less spending, eliminating guar- tions Mr. Clinton should have answered Bosnia, in my judgment, has been the anteed coverage to millions of Ameri- for the American people. The President error of two administrations, one of cans and perhaps forcing States to drop criticized the House-Senate plan to one party and one of another party. coverage for millions of the most vul- save Medicare for the long term, but The embargo was put on by one, said nerable citizens, including children and has failed to offer his own. Perhaps that it would be lifted by another, but the disabled. This is really the key dur- worse, 1994’s Clinton health care plan that still has not been done. ing the budget negotiations. We do not contained major spending reductions in The result is that the Bosnians, who want to eliminate what we call the en- the growth of Medicare. were aggressed against, attacked, have titlement status of Medicaid, so that Mr. Speaker, I wonder why it was OK not had the weapons to defend them- certain people are not eligible because for the President to control spending selves when they wanted to defend States decide that they do not have on Medicare but not for the Repub- themselves. Now we say in the Dayton enough money and will not cover them. licans to do the same. He also should agreement that we will make sure the Third, the President said that the have spoken further about the Great Bosnians are finally armed. The embar- Republican budget purports to guaran- Society programs Lyndon Johnson go still exists. It needs to come off. Of tee coverage to certain groups but does used that pen for. For instance, most course, it never should have been put not define a minimum level of benefits. Americans consider LBJ’s war on pov- on. There again, it is not only important erty a terrible failure. Today, one child Mr. Speaker, the issue in this debate that a eligible Medicaid recipients con- in three is illegitimate, drug use is up, is not who is an internationalist and tinue to be eligible, but that whatever education scores are down, and genera- who is an isolationist. I would like to package is put together of coverage for tions of families have depended on wel- think the issue is who is a realist. H 14210 CONGRESSIONAL RECORD — HOUSE December 7, 1995 The issue is also one of the power of same country, be it in Africa, be it in President of the United States a con- the Congress and the power of the parts of Europe, be it in Asia. We can- tinuing resolution to keep the Govern- President. Under the Constitution, not be, as I said earlier, Super Cop to ment open, and the President of the Presidents may wage war. It is Con- the world. Congress needs to face up to United States decided to veto that con- gress that declares war. this issue and not duck it as it has been tinuing resolution, and in him doing As we know from studying the Con- ducking it for the last 2 weeks. so, vetoing that legislation, he shut the stitution in elementary school, high f Government down. It was quite appar- school, college and university, there ent to me when I heard that he did not are approximately 200 conflicts, large BLATANT POLITICAL DOCUMENTS talk to the Speaker or the majority and small, that we have been in since SENT FROM THE WHITE HOUSE leader of the other body on their trip 1789 when the First Congress met in TO FEDERAL EMPLOYEES to Israel at all that he was very intent New York. In only five of those did The SPEAKER pro tempore. Under a on not negotiating with our side and Congress declare war, but it certainly previous order of the House, the gen- letting the government shut down. gave support to a number of others tleman from Florida [Mr. WELDON] is Indeed, that was the real story be- through appropriations and through recognized for 5 minutes. hind that lack of dialogue on that trip authorization. Mr. WELDON of Florida. Mr. Speak- to Israel, the fact that the President of But that power of the President to er, I rise today to discuss an issue re- the United States wanted to go ahead wage war is not a mandate to be Super garding a letter that President Clinton and shut the Government down, and Cop to the world at either the whim or and Vice President GORE sent to a then these two gentlemen have the the policy of the President. The ques- number of Federal employees. I was at nerve to turn around and send out such tion is: ‘‘Where is our vital interest?’’ a hearing last week on the space pro- a politically blatant document to Fed- Usually the vital interest has been, gram and we were receiving testimony eral employees. I am calling on the in most of those 200 engagements, from the administrator, Mr. Dan Gold- chairman of the Subcommittee on Civil where the lives of citizens of the Unit- en, and one of the members at that Service, the honorable and distin- ed States have been involved. Citizens hearing brought up the subject of a let- guished gentleman from Florida, [Mr. of the United States are not being held ter that had been sent to NASA em- JOHN MICA] to hold hearings on this captive in Bosnia and the lives of ployees in his district that he found subject, because I have since discov- American citizens have not been in- particularly offensive. I was very con- ered this is not the first time that this volved. cerned about this particular issue, so I has happened. No other President in We hear Members of the administra- asked for a copy of this letter. United States history has ever ex- tion saying, ‘‘This is not going to be Honestly, Mr. Speaker, when I saw ploited the Federal work force for po- another Vietnam,’’ even though one of this letter, I thought it was a hoax. I litical advantage like this President the top negotiators at Dayton had a thought the President and the Vice has. slip of the tongue in talking to a few of President of the United States of I have in my hands a document that us and mentioned Vietnam in the place America could never be so foolish as to came out of the White House, encour- of where he meant Bosnia, Whether send out to Federal civil service em- aging all Cabinet Members to solicit that is significant I leave to the psy- ployees an openly and blatantly politi- political donations from Federal em- choanalysts. cal document such as this, which is ob- ployees, so this President has done it Our troops are on the ground to sepa- viously in violation of statute. I had before. He has used his political office rate the warring parties, who now are one of my staff call over to the White of the Presidency of the United States tired, presumably, and want peace house to find out for sure, because I for his political gain. He is doing that after 500 years of acrimony, war, and thought it was obviously a hoax, as to again in this letter. I think it is wrong. conflict based on ethnicity as well as whether or not the White House had No Republican President could ever get on religion. What happens when those authorized this letter. I was very, very away with doing anything like this. If supposedly tired warring parties decide shocked to find out that this, indeed, a Republican tried something like this, they do not want peace anymore and did come out of the office of the Presi- the Washington press corps would be the American forces are in the middle, dent and was authorized by the Vice up in arms, there would be calls for in- presumably trying to separate them? President’s office. vestigations, there would be hearings The American forces thankfully do The letter is entitled ‘‘An open letter being held. have the power to respond, and to re- to Federal employees, from President I am rising today in this House to spond promptly. Clinton and Vice President Gore.’’ It call upon the Subcommittee on Civil But I worry when a President, any begins with a comment about how Service to hold hearings on what this President, Republican or Democrat— proud they are of the work force, and President and the Vice President of the and this is a not a new thought with then it goes on to say some nice things United States are doing, politicizing me—does something in foreign affairs about the very good work that our Fed- our civil service work force. I could tell in an election year. We all agree that eral employees do, but then it goes on you that I have civil service employees handling foreign affairs is, frankly, a to talk about the possibility of another in my district who got this letter and lot easier than dealing with domestic Federal shutdown. they were outraged. policy and all the different factions It says in the fourth paragraph: ‘‘You f all know that the law under which there. b 1445 The lives of American military men most of the government is operating and women are too valuable to be an expires on December 15, and the debate IMPRISONMENT IS NOT THE election year photo opportunity. The that led to the November shutdown is ANSWER President does not have the power to not over,’’ a very true and accurate The SPEAKER pro tempore (Mr. deploy troops anywhere on either whim statement. I agree with it. FOLEY). Under a previous order of the or long-thought-out policy. It is the Then it goes on to say: ‘‘We can’t House, the gentleman from Texas [Mr. Congress that must face up to the issue promise you that your jobs and your GONZALEZ] is recognized for 5 minutes. as to whether the President has the lives won’t be interrupted again. Too Mr. GONZALEZ. Mr. Speaker, for all right to deploy troops in the former much is at stake for America. If you of us, this is a holiday season—a time Yugoslavia, primarily in Bosnia. I are held hostage again, we know you for reflection and renewal. This should would suggest that the President does would not want us to forfeit the Na- most of all be a time to think about not have the right. He has not shown tion’s future as ransom.’’ possibilities—the possibilities of doing us that there is a vital interest in Mr. Speaker, I think this is an out- the best we can. Bosnia for America. rage that the President and the Vice The other day I read a truly grim re- Certainly there is a humanitarian in- President of the United States would port: More than a million Americans terest. There are dozens of humani- send out such a blatantly political doc- are in prison. Last year, the rate of tarian interests where people are being ument to Federal employees. The Con- growth in prison population was the butchered by their neighbors in the gress of the United States sent to the biggest ever. December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14211 Here in the United States, we lock up ist to write a musical piece, hoping However, Mr. Speaker, the President the biggest percentage of the popu- that the resulting concert would raise is the Commander in Chief, and has the lation of any country in the world. The some money to pay off the debts of ability to deploy our troops where he chances of landing in prison are 8 to 10 some of the people who’d been impris- sees fit. Unfortunately, this President, times higher here than in other indus- oned for debt. despite votes taken in this body and trial countries. And yet this is a far The composer who got the job was the other body, overwhelmingly bipar- more dangerous country than most: George F. Handel, and in just 26 days tisan, objecting to his policy, has al- Violent crime is far worse here than in he produced the gigantic oratorio, ready committed our troops to Bosnia. Canada or Britain or France or Ger- ‘‘The Messiah,’’ and it was a great hit: There is not much we can do about many. So, clearly, locking people up the city raised a great deal of money, that, Mr. Speaker, and that is unfortu- hasn’t made us safer. paid off the debts of a number of pris- nate. In Texas, there are 127,000 people in oners, and freed them. However, Mr. Speaker, we can in fact prison. That’s nearly equal to the pris- Today, it’s hard to imagine a city do something now, and that is what my on population of the whole United council smart enough to commission a resolution and the resolution joined by States less than 20 years ago. We also concert to raise money to free pris- my friend, Mr. MCHALE does. Our reso- execute more criminals in Texas than oners. But we should think about the lution acknowledges that this Congress in any other State. And yet, I don’t lesson here: surely there is a better has gone on record repeatedly against think anyone would say that we’ve thing to do than make a failing system inserting ground troops. Our resolution turned the corner on crime. even worse. also acknowledges that the President These days, people look at prisons as After all, you can’t quarrel with the is the Commander in Chief and, as a way of punishment, and the harsher results that the city fathers of Edin- such, can send our troops and deploy the better. burgh got for their trouble: ‘‘The Mes- them where he wants. Ironically, prisons were invented as a siah’’ was an instant success, and it The resolution does state that we in more humane way to treat criminals. freed prisoners and community alike of this Congress overwhelmingly support Prisons were supposed to replace brutal a terrible situation. What’s more, ‘‘The the sons and daughters of America punishments that left offenders scarred Messiah’’ is the most performed choral serving in our military who are going or maimed—punishments that the Con- work in history. to be deployed to Bosnia. But further- If you happen to hear ‘‘The Messiah’’ stitution calls ‘‘cruel and unusual.’’ more and perhaps most significantly, performed this year. remember it was The idea was to create a penitentiary. what our resolution says is that now written because a local government The word ‘‘penitentiary’’ was meant to that this President has committed our wanted to make some money and free describe a place where the miscreant troops, there will be no political sec- some prisoners. would be isolated so that he could Maybe we can think about it, and ond-guessing of the support necessary think about his offense and become come up with ways to free ourselves of for them to complete their mission. The reason why we make this state- penitent. The offender would spend a the burden of a prison system which ment, Mr. Speaker, is just a few short great deal of time alone, and be trained produces far more burdens than it does years ago when our troops were in So- in a useful occupation. The idea was, in results. The least we can do in this sea- short, not just to punish, but to reha- son of hope and renewal is to ask our- malia, a request was made by the gen- bilitate offenders. selves why it makes sense to have more eral in charge of those troops for These days, the 19th century idea of and harsher prisons, when the evidence backup support. We would later find penitentiaries is mostly forgotten. And is that prisons that try to rehabilitate out that that request was denied. When yet, the best run Federal prison prisoners, actually do get results, and asked why it was denied, the Secretary today—the one that costs the least to are safer and cheaper to run. of Defense at that time, Les Aspin, a run, the one where there is the least vi- Shouldn’t we think about the possi- friend of mine until he passed away a olence among inmates, and the one bilities? few short months ago, said that the po- where the inmates are least likely to f litical climate in Washington was not become repeat offenders—is run ex- right to deploy more troops to that actly along the lines of the 19th cen- WE SUPPORT OUR SONS AND theater. tury idea of prison as a tool of reform DAUGHTERS IN BOSNIA Mr. Speaker, we must never again and rehabilitation. In other words, we The SPEAKER pro tempore. Under a allow a political decision to decide the actually can compare a humane prison previous order of the House, the gen- fate of our troops. In Somalia, 18 young against a brutal one, and we can see tleman from Pennsylvania [Mr. men and women were killed because we the results: the humane prison is WELDON] is recognized for 5 minutes. did not provide the adequate backup 1 cheaper to run and gets effective re- Mr. WELDON of Pennsylvania. Mr. month after a request was made for ad- sults; the brutal prison is more costly Speaker, I rise this afternoon to ad- ditional support. That must not happen and only poisons prisoners and commu- dress the issue of Bosnia and to outline in this case and will not happen, be- nities alike. the text of a resolution that was intro- cause my resolution says that what- Of course, not everyone can be reha- duced yesterday by my colleague on ever General Joulwan wants in the way bilitated. But in this season of hope the other side, PAUL MCHALE, and I, of backup, whether it be personnel, and renewal, we ought to think about both members of the House Committee whether it be heavy artillery, whether the growth of prisons, and ask our- on National Security. it be air support, or whatever that need selves why we are pouring more and Mr. Speaker, I have consistently op- is, that there be no political second- more resources into a system that posed the President’s policy on Bosnia guessing from the White House. The clearly does not work. and I oppose it today. I voted for the DOD and the administration must im- There was a time when people were motions to lift the arms embargo be- mediately respond to the request deter- jailed if they failed to pay their debts. cause I felt we were not leveling the mined by the general in charge of the It was a curious and self-defeating playing field in that country. We could theater who has been given the respon- thing: a person obviously could not pay have prevented many of the atrocities sibility to protect the lives of our kids. a debt while in jail, so debtors’ prisons that have occurred there over the past Mr. Speaker, this is the least that we were a burden on everybody: the credi- several years, the ones that President can do to protect our young Americans tor didn’t get paid, the prisoner Clinton talked to the American people who are being assigned by this Presi- couldn’t pay, and the local government about just a week ago. dent to go into a hostile area that most ended up saddled with jails full of hon- I supported the resolution in opposi- of us agree they should not be going to. est folks whose only crime was to be in tion to the President sending in ground I ask my colleagues on both sides of debt. troops. I think it is a grave mistake to the aisle to join us. This got to be a real problem in the put our young people in the midst of We already have bipartisan support. city of Edinburgh, Scotland in the year this turmoil, and in fact have stated so The numbers are growing. We have 1742. So the city’s government did a repeatedly and believe today that we been joined by Mr. KENNEDY on the wise thing: they commissioned an art- are making a mistake. other side, by Mr. CUNNINGHAM on our H 14212 CONGRESSIONAL RECORD — HOUSE December 7, 1995 side, and by a number of other Mem- create economic opportunity for an in- portant than once and for all coming to bers, and I would ask our colleagues to dividual? grips with this national tragedy. call my office today, or Mr. MCHALE’s I would suggest before this Chamber f office, to sign up as cosponsors so that that there is a connection between an SUPPORT VOICED FOR PRESI- we can let this President know that extremely high tax burden across the DENTIAL VETO OF RECONCILI- while we disagree with him, he is going country, again 9 taxes and almost 25 ATION BILL to give our troops the support that percent of gross cost at the minimum they need, they deserve and they war- wage, not at a high wage, not at some The SPEAKER pro tempore (Mr. rant in terms of the operation in the $100,000 salary level, but at a lousy $4.25 FOLEY). Under a previous order of the Bosnian theater. an hour. In fact, the minimum wage House, the gentleman from Minnesota f today really is an appropriate term to [Mr. VENTO] is recognized for 5 min- describe the problem that men and utes. NATIONAL DEBT CONTINUES TO women have when they find a job. The Mr. VENTO. Mr. Speaker, I seek this GROW real issue today is take-home pay, not time today to voice my support for the The SPEAKER pro tempore. Under a minimum wage. When you look at the President’s veto of the reconciliation previous order of the House, the gen- difference between the two, it is stag- measure that was returned to the tleman from Maine [Mr. LONGLEY] is gering. House with a long message yesterday recognized for 5 minutes. Now, I mentioned yesterday that I that was read into the RECORD. Mr. LONGLEY. Mr. Speaker, I want have been criticized by a columnist in In that message, of course, the Presi- to thank Lisa and Melinda for helping a local paper back in my district that dent touched on, I think, the elemental me bring out today’s total of the debt. this was a waste of time. points of equity, of fairness, of the Con- As of 3 o’clock this afternoon, the Specifically, this editor had objected gress’ responsibility to try to achieve United States national debt is to the fact that I was faxing the debt laws that in fact provide for the needs $4,988,640,469,699.34. For the second day total out to him and other editors of the people that we represent. That in a row, it is actually a decrease of throughout my district on a daily in doing so in terms of attempting to $125 million over yesterday. basis. In fact, he criticized me and he achieve a balance in the budget that we Now, to reassure anyone who might said, ‘‘Congressman LONGLEY should also balance the responsibilities and think that we have suddenly reversed consider his own contribution to the the sacrifices that are expected in a course in Washington, I want you to national debt by his wasting of our tax fair way to provide for our success as a know that, unfortunately, that is not dollars on faxes such as this, which Nation today and into the future. the case. In fact, the debt will fluc- cost paper, employee time, computer In fact, of course, today as we look at tuate on a daily basis, but overall, dur- time, et cetera. the economy and the progress that has ing the current fiscal year, we can ex- The editor went on to say, ‘‘I intend been made in this administration, it is, pect that the Federal debt will prob- to let him know that we do not need to I think, encouraging, that since 1993 ably increase by another $200 billion. In see a new fax each day or ever again. there are 6 million new jobs that have short, we will pass the $5 trillion mark Thank you.’’ been created, the deficit on an annual at some point in the next 6 or 7 Now, the irony is that these several basis is on a glidepath, that does not months. paragraphs were maybe less than 20 mean that we can stop in terms of our Having said that, again, I rise before percent of a column describing the work, that in fact we must continue to this House, Mr. Speaker, to point out need of the local community to look deal with attempting to achieve sav- the incredible burden that this debt ahead in planning the use of their ings. presents, not only to this generation, downtown. There are, of course, today 150,000 but to the generation represented by b fewer Federal employees than there Lisa and Melinda and other genera- 1600 were when the President took office. tions that will follow us in the future. I point that out, and in some sense So we are making some success. The $5 trillion is almost 40 percent of this is humorous but there is also a But the President pointed out in that every nickel and dime that the Federal very serious point that needs to be deficit message specifically the type of Government will spend over the next 7 made and this is fundamentally the inordinate cuts that are being proposed years. problem that we must confront as a in Medicare. The President, of course, Now, one of the reasons that I think Congress and we must confront as a has been foremost in his responsibility it is important that this number be country, is that Washington has be- and advocacy for health care reform. In brought to our attention on a daily come so remote from day-to-day life in fact I think the first 2 years one of the basis is that I think we have a hard America, from what goes on in our major shortcomings that occurred was time as a country realizing that this is town halls, and in our State govern- the future, of course, of a health care not some abstract number that has no ments, that we have ceased to realize reform proposal, an effort to rational- meaning to the way we live our lives. that the debt is actually a tangible fac- ize the system. During my campaign for office in tor that affects the way we live our Today I think the President, too, 1994, I campaigned on a theme of pay- lives, and when the editor of a promi- would not argue that his plan was the roll taxes. Specifically, I would talk in nent local paper suggests, when talking only plan in terms of health care re- various troops around my district about downtown improvements, that form but that it was necessary to ra- about the fact that if I went into a the city cannot afford to just keep tionalize that system to bring these store in Maine and bought a pack of chugging along not particularly wor- costs into control and the services in a cigarettes, I would pay three taxes. If I ried about the future, it would not hurt way that would inure to the benefit of bought a can of beer, I would pay four to think again. the people that we represent. taxes. And we call those taxes on beer Again, this is the ultimate issue. So that similarly when the President and cigarettes sin taxes, because they This debt not only is a monument to points out the types of cuts in Medi- are taxes designed to discourage our an incredible level of spending but it care, I think he does it, in a sense, behavior, behavior that we consider ad- represents the fact that Washington standing on the high ground because of verse to our health. has gone beyond a high level of taxes, the work that he has done. Similarly Well, yet, then what do we say when, it has gone beyond a high level of the significant cuts in Medicare. In if I created a job and I pay or manage spending, and it has actually spent far fact, half the cuts in the budget pro- 9 different taxes in the State of Maine more than it has taken in and it is now posed by this new Congress, this Re- and a number close to that in other threatening to leave a $5 trillion stone publican Congress, have been in the States across the country, and those 9 around the necks of our children and area of Medicare and Medicaid cuts. taxes on a job total almost 25 or 30 per- our grandchildren and the future of Furthermore, of course, the Presi- cent of the total cost of hiring an em- this country. dent indicated his opposition and con- ployee, then what do we call that? Does In my opinion, with all due respect to cern to many other elements in terms it become a sin today to create a job or this editor, there is no issue more im- of the welfare reform. December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14213 But one of the other areas that I The bill permits oil and gas exploration sup- President Clinton was right to veto this thought needed special attention is the posedly to secure $1.3 billion in Federal reve- budget reconciliation (``wreckonciliation'') billÐ issue dealing with the Arctic National nue and in my view the Treasury will never re- we owe it to future generations to protect their Wildlife Refuge. This area is a very im- ceive that much because the economic as- rightful legacy and uphold this veto and more portant area. Obviously in trying to sumptions are faulty and the bill assumes a importantly balance the budget without creat- achieve a balanced budget, a fiscal 50±50 split between the Federal Government ing a massive environmental deficit or a budget, we also need to maintain an and Alaska, even though Alaska can and human deficit. environmental balance. probably will sue for 90 percent under the f I think what has been lost in the en- Alaska Statehood Act. IN MEMORY OF GENERAL MAX thusiasm and the controversy that sur- The best the Nation would get is enough oil THURMAN rounds many of the policies with the to fuel the America's energy needs for 200 environment has really been a lack of daysÐThat's the most optimistic forecast. But The SPEAKER pro tempore. Under a understanding and a recognition of most importantly the unique and fragile Arctic previous order of the House, the gen- what the consequence of many of these ecosystem would be destroyed. ANWR is tleman from Arizona [Mr. HAYWORTH] actions are. home to more than 200 species of conspicu- is recognized for 5 minutes. It is as if, Mr. Speaker, that we have ous and many more inconspicuous species of Mr. HAYWORTH. Mr. Speaker, I rise moved back to the 19th century era of fauna and flora. The porcupine caribou herd this afternoon to remember the life and the robber barons and we are trying to uses the northern coastal plain for calving and the contributions of a great American. put into place policies that maybe were post-calving activities. It is the biological heart Gen. Max Thurman had his final battle right, and I do not even think they of this arctic wilderness The Native American with leukemia end 1 week ago. His re- were right in the 19th century, in the Gwich'in people who rely on the caribou for mains were laid to rest earlier today at latter part of the 20th century. subsistence would of course be adversely af- Arlington National Cemetery. The Arctic Plain, the Arctic National fected. Public opinion opposes oil drilling in During almost four decades of mili- Wildlife Refuge, really represents an ANWR in fact 70 percent favor the preserva- tary service, Max Thurman found his area that is a window on the Ice Age. tion of this area. Furthermore, this new policy duty offered him diverse challenges, Since the retreat of the great Ice Age, of using asset sales for deficit reduction sets from Vietnam, the U.S. Army Recruit- this area has been the home of the cari- a bad precedent. The loss of resources offsets ing Command, ultimately to com- mander of our forces during Operation bou calving ground of 160,000 herd cari- potential gains in terms of dollars. Just Cause in Panama, an operation for bou, the porcupine caribou herd today. Second the mining provisions of this meas- What is being proposed here is to ure enshrine the rights of speculators in law at which he delayed his retirement from take it out of that protected status the expense of the U.S. taxpayer. The mining military service. His devotion to duty was so intense that it has enjoyed, to permit it to be law of 1872 permits mining companies to ac- that he earned several nicknames dur- open to oil and gas exploration. quire public land and mineral rights for a frac- ing the course of his military career. In order to understand the impact of tion of their value, this so-called reform re- Indeed, one of those nicknames, I sup- this, this is not just any piece of land. mains blind to the mineral value of the land. pose, speaks volumes to those who It really is an arctic desert. It is an The mining industry now buys mineral rich served under his command, for they area that has very little water on it. land for as little as $5 per acre. And we came to call him Maxatollah. But that The vegetative mat is about as deep as should not be blackmailed in the reform proc- ess to give away the minerals to the mining in- devotion to duty, that intensity, that the podium that I am standing in front terests. Within the past week, the Secretary of ability that Max Thurman brought to of today speaking and it has taken the Interior was forced to turn over 3 billion the U.S. Army served that fighting 20,000 years of accumulated growth for dollars' worth of copper and silver for under force well in a massive transition from that organic mat to form over the $2,000 because of the 1872 Mining law. a conscripted army to a volunteer polar ice area. Meaningful reform of this budget-busting force. Of course, while the oil development 19th century mining law is needed today. The Max Thurman faced a challenge not and gas development may not occupy Republican budget fails to provide real reform. only on the field of battle but among much of the surface, it would in es- Federal mineral rights will be sold at their mar- those who would make their livings sence, of course, have a profound im- ket value, which means the value of the sur- trying to influence Americans on Madi- pact on this 1.5 million-acre area. Inci- face land, not the minerals underneath. This son Avenue, for it was Max Thurman dentally, it is the only part of the arc- would be like selling Fort Knox for the price of who worked just as tirelessly in his re- tic plain on the Beaufort Sea that is in the parking lot and building. The American cruiting command to fashion a message fact not open to development today, taxpayers are getting ripped off again under to young Americans, to reshape and and that is the irony, because there are the Rubric of reformÐsome reform; Repub- rethink and rearticulate a call to duty. so many areas of Alaska, so many lican reform. It was Max Thurman who worked with areas of that plain that are already Third, other provisions in the Republican those from the civilian world to encap- open to oil development. And so just budget continue the special interest benefit sulate a phrase that spoke not only to feeding this, or letting the speculators under a mantra of budget balancing such as the promise of youth, not only to the bid on it, would not deliver us a great Park concessions change that gives incum- promise of this great country, but to change in terms of our deficit but it bent concessionaires huge advantages over the promise of service in the U.S. would I think destroy forever a pristine the competition. Grazing provisions that further Army, for it was Max Thurman who area and create an environmental defi- reduce the already scandalously low fees paid helped to coin the phrase ‘‘Be all that cit. by ranchers. Continuation of below cost timber you can be.’’ As my colleagues tonight are noting, the salesÐas the taxpayer pays the cost and Indeed, his reputation won him a cer- Republican budget reconciliation bill decimates loses in American legacy and congressional tain celebrity. The story goes that programs for people such as Medicaid and mandates the transfer of a Ward Valley, CA once upon a time, in the airport, I be- Medicare and replaces them with a new type site for a low level radioactive waste dump lieve, in Chicago, a lady approached of welfareÐaid to dependent industries and with no public or scientific safeguards. him and simply said, ‘‘General, are you special interests. This is especially evident In conclusion, this budget bill regards land the ‘Be all you can be’ man?’’ where environment issues are concerned. and conservation policy will revive the era of And Max said, yes, he was that man. Over and over again, the interests of the min- the great robber barons, who exploited and But he was far more. Those privi- ing, timber, oil, and gas industries take prece- degraded America's natural resources during leged to serve with him, both on the dence over public health and the rights of fu- the nineteenth century and into the 20th cen- field of battle and in other commands, ture generations to inherit a healthy planet are tury. Isn't it time to correct such policy for the talk of his reputation, of his intensity, adversely affected by the provisions of the Re- 21st century. This Republican budget bill of his dedication to service, of that publican reconciliation measure especially as would destroy natural monuments like ANWR commanding voice but, yes, also that it impacts the environment. and in essence build new monuments to distinctive walk that would reverber- I'll make just a few points to illustrate my greed and the special interests. This budget ate in the Marshall Corridor in the point. First, the Arctic National Wildlife Refuge bill fails in terms of politics and public opinion, Pentagon, as if this were a man born to is destroyed. science, economics, and morality. command. H 14214 CONGRESSIONAL RECORD — HOUSE December 7, 1995 My personal recollections are dif- b 1615 desk ever, and the first balanced budg- ferent, for I did not know the I want to read to you from the cable. et to come across any President’s desk Maxatollah, not in that sense. My fa- It says, ‘‘Subject: Nonproliferation of in 26 years, raises questions certainly ther grew up with Max in the southern delegates as well as weapons.’’ about this administration’s commit- town of High Point, NC, and Max The size of the United States delegation to ment to controlling Federal spending. Thurman preceded me to North Caro- this year’s IAEA general conference ex- The President is talking about lina State University where he earned ceeded thermonuclear critical mass and reinventing Government. If this is the his degree in chemical engineering. threatened to vaporize our message of fiscal kind of Government that he has The Max Thurman I knew was a austerity to the United Nations. At least 38 reinvented, if this is what he wants in kind, decent and yes, dare I say gentle Washington visitors, of whom only 19 were terms of reinvention, then, doggone it, accredited to the conference, came to Vienna man, one always willing to stop and to participate in the 39th general conference Mr. Speaker, we are getting nowhere answer questions in a kindly fashion. in September. At a rate of $188 per day for 8 on this. Yes, we heard his command voice in days, per diem alone approached $60,000. I will wrap up by saying this: The Panama, in Operation Just Cause, and With an average air fare of $900, air fare for President’s veto of the budget package yes, we mourn his passing and pass the delegation came to $35,000, bringing the while he has this kind of profligate along our condolences to his brother, total close to $100,000. This figure does not spending going on in his own agencies Lt. Gen. Roy Thurman, now retired, include the visitors’ salaries, nor does it clearly shows the lie of what is going and to all those who served with him. cover the full cost of the United States dele- on at the political levels in this gov- gation, which also included most of the al- But it is safe to say that Max ready in-place staff. Counting the U.N. Vi- ernment. Thurman lived up to the slogan ‘‘Be all enna, our delegation came to about 50. Mr. Speaker, I am including for the that you can be’’ because he was all he Ironically, the United States delegation RECORD the message just referenced, as possibly could have been. spent much of the week fighting a proposal follows: that would have increased our annual con- IMMEDIATE—UNCLASSIFIED—DSSCS f tribution to the technical assistance fund by MESSAGE—11758 CHARACTERS $125,000, roughly the same amount that it VZCZCMSS4272 took to bring our visitors to Vienna. Predict- DEPARTMENT OF ENERGY SPEND- ACTION=DOE ably, most of the work to defend the United CMS(¥),EIA(¥),NN42(¥),PO(¥) OIN ING PRACTICES QUESTIONED States position actually ended up being done IDD(¥) The SPEAKER pro tempore (Mr. by a few experts from Washington and U.N. INFO= VIE. METCALF). Under a previous order of DATEZYUW RUEHVEN3288 3191559– the House, the gentleman from Ohio Let me remind you again, Mr. Speak- EEEE=RHEBDOE. er, this is written by our U.S. ambas- ZNY EEEEE ZZH [Mr. HOKE] is recognized for 5 minutes. sador to the U.N. delegation in Vienna. EZ02: Mr. HOKE. Mr. Speaker, I think that O J51559Z NOV 95 you are well aware that I have come to This is an ambassador who is an ap- pointee of President Clinton. FM USMISSION USVIENNA the well on a number of occasions to TO RUEHC/SECSTATE WASHDC IMME- In the context of today’s budget climate address the House regarding my con- DIATE 1929 and Administration efforts to reinvent a RUEHMT/AMCONSUL MONTREAL 0020 cerns about Government waste in gen- more cost-effective government, this year’s RUEHRO/AMEMBASSY ROME 1147 eral and how to root it out and elimi- delegation represented a profligate cost. But, RUEHFR/AMEMBASSY PARIS 2122 nate it. But in particular I have fo- as indicated above, it was also an embarrass- RUEHGV/USMISSION GENEVA 3037 cused attention on the Department of ment. Several of our G–77 and other counter- RUCNDT/USMISSION USUN NEW YORK parts wondered aloud how our professed Energy and the extravagant travel 1126 budgetary austerity squared with extrava- practices of certain members of the De- RUEHBS/USEU BRUSSELS gant United States Government travel hab- partment, and the relationship of that BT its. By way of comparison, most other dele- travel to the transfer of money from UNCLAS E F T O SECTION 01 OF 02 gations, even from larger countries, included USVIENNA 003288 certain accounts into other accounts as only one or two visitors from capitals. It is **** SECTION BREAK **** it relates to the overall mission of the also true that a traveling Cabinet officer SECTION 01 OF 02 Department of Energy. needs some accompanying support. But these DEPT FOR PM—AMBASSADOR In that context, I had occasion to get points do not serve to justify more than SIEVERING; three dozen visitors from Washington, par- a telephone call from the Secretary of FROM USMISSION UNVIE ticularly since the general conference is, in Energy some 3 or 4 weeks ago, asking SENSITIVE certain respects, one of the least substantive to meet with me and to explain certain NOFORN events on the IAEA calendar. We want to be things, which I did. It was my impres- E.O. 12958: N/A clear on this point: U.N. VIE encourages sub- TAGS: IAEA, AORC, AFIN, US sion, both from that conversation as stantive visits, but for substance, Washing- SUBJECT: NON-PROLIFERATION OF DEL- well as from other developments that ton officials should glean far more from a EGATES AS WELL AS WEAPONS had occurred in the press, that perhaps well-scheduled one-to-two-day visit during EZ05: a new leaf had been turned over in the the normal IAEA work cycle. REF: USVIENNA 2856 Department of Energy, that the kind of The Ambassador said the size of the 1. This is an action request, see para 8. profligate waste and abuse of travel U.S. delegation to IAEA conference moneys and of traveling and just a gen- this past September threatened to va- SUMMARY eral sort of complete uncaring attitude porize our message of fiscal austerity 2. The size of the U.S. delegation to this year’s IAEA general conference (REFTEL) toward the taxpayers’ money had been for the United Nations. overcome, and that really we had done exceeded thermonuclear critical mass and Now, what brings me to the floor, be- threatened to vaporize our message of fiscal some good work perhaps just by bring- sides wanting to bring to your atten- austerity to the UN. Against the twin back- ing attention to it in this House. tion, Mr. Speaker, this, I think, impor- drops of UN reform and reinventing govern- But it is my very sad duty today to tant piece of information, what really ment, UNVIE recommends that the Depart- report to you and to this House that I brings me to the floor is that lost in all ment issue strict guidance to limit the size have had come across my desk a cable of the liberal rhetoric that we hear of U.S. delegations to international con- that was addressed to the State De- around here about massive budget cuts, ferences. As to the severity of the problem partment from U.S. Ambassador John about heartless and cold treatment, and how it might best be rectified, we are in- B. Ritch. He is the U.S. Chief of Mis- terested in the observations of other rel- about callousness, is the fact that the evant U.S. missions. Ambassador would wel- sion to the United Nations in Vienna. Federal Government continues to come a clear-cut instruction to administer It criticizes in very stark terms the on- waste billions and billions of dollars the country clearance authority against a going waste of taxpayer dollars on annually. It is precisely this type of new and stricter standard. End summary. travel by the Department of Energy, waste and abuse that Americans want COUNTING THE BEANS specifically the U.S. delegation to the stopped. 3. At least 38 Washington visitors (of whom International Atomic Energy Agency This disclosure that comes on the only 19 were accredited to the conference) conference in Vienna this past Septem- heels of President Clinton’s veto of the came to Vienna to participate in the 39th ber. very first balanced budget to cross his IAEA general conference in September. At a December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14215 rate of $188 per day for 8 days, per diem alone THE QUESTION OF THE BALANCED If we are talking about reducing defi- approached $60,000. With an average airfare BUDGET cits, that is one thing. President Clin- (Delta roundtrip Washington-Vienna-Wash- ton’s budget did that. We reduced the ington) of $900, airfare for the delegation The SPEAKER pro tempore (Mr. came to $35,000, bringing the total close to METCALF). Under the Speaker’s an- deficit. We reduced the absolute num- $100,000. This figure does not include the visi- nounced policy of May 12, 1995, the gen- ber of the deficit, and the rate of the tors’ salaries. Nor does it cover the full cost tleman from Hawaii [Mr. ABERCROMBIE] deficit has been going down and will of the U.S. delegation, which also included is recognized for 60 minutes as the des- have gone down for 3 years, something most of the already-in-place UNVIE staff. ignee of the minority leader. which I believe the record shows, Mr. Counting UNVIE, our delegation came to Mr. ABERCROMBIE. Mr. Speaker, as Speaker, has not been done since Mr. about 50. 4. Ironically, the U.S. delegation spent you know, I have been coming to the Truman’s administration in the late much of the week fighting a proposal that floor in past days to discuss this whole 1940’s. would have increased our annual contribu- question of the balanced budget. The So I repeat, the budget document it- tion to the technical assistance fund by previous speaker mentioned it again. It self, so we know the premise that I am $125,000, roughly the same amount it took to comes up on this floor with a regu- operating from, indicates that we will bring our visitors to Vienna. (Predictably, latory that I think lets it amount al- have deficits, deficits starting in the most of the work to defend the U.S. position most to the point of prayerful incanta- $245 billion range this year and con- ended up being done by a few experts from tion, Mr. Speaker. We hear over and Washington and UNVIE.) tinuing on through to the year 2002, over again phrases, like ‘‘This is for my when supposedly we have a balanced GO FORTH AND REDUCE children and my grandchildren.’’ ‘‘We budget. 5. In the context of today’s budget climate and administration efforts to reinvent a must have a balanced budget in order Let me indicate what the public debt more cost-effective Government, this year’s to give them an opportunity.’’ ‘‘We is. The public debt, and these are not delegation represented a profligate cost. But, have to have a balanced budget in 7 my figures, Mr. Speaker, this is what is as indicated above, it was also an embarrass- years.’’ printed in the record of the conference ment. Several of our G–77 and other counter- Mr. Speaker, I will say yet again, and report of the Republican majority here, parts wondered aloud how our professed say for the record, that there is no pro- the public debt is as follows: The ap- budgetary austerity squared with extrava- posal from the Republican majority to propriate levels of public debt are for gant USG travel habits. By way of compari- balance the budget in 7 years. There is the fiscal year 1996, $5,210,700,000,000, son, most other delegations, even from larg- no such thing as a balanced budget. On er countries, included only one or two visi- $5.2 trillion; in the year 2002, 7 years tors from capitals. (The only delegation even the contrary, what is happening is a from now, when we supposedly have comparable to ours was the Japanese, which proposal that is now before the Presi- balanced the budget, the number has totalled 20, including Vienna-based person- dent and the negotiators that is now gone to $6,688,600,000,000, almost $6.7 nel; Japan was shielded from comment, how- before the President and the nego- trillion from $5.2 trillion. I do not ever, by an impeccable UN payment record.) tiators from the White House from the 6. To be sure, some U.S. delegation mem- think it takes any great mathemati- Republican majority which mortgages cian to realize that the public debt will bers came to do work not directly related to the Social Security trust fund to the the general conference, taking advantage of have risen during the time we are sup- the presence of counterparts here—for exam- tune of some $636 billion, at least as of posedly balancing the budget by more last January, and the conference report ple, for an NPT depositaries meeting and than $1 trillion. consultations on nuclear materials. It is also of the Republican majority in the Going on, again, quoting from the true that a traveling cabinet officer needs House of Representatives, that does budget document itself, not figures I some accompanying support. But these not include the interest. made up, section 103, Social Security, points do not serve to justify more than The facts are, then, that we will be ‘‘social security revenues,’’ Now I three dozen visitors from Washington, par- paying somewhere in excess of $1 tril- ticularly since the general conference is, in lion. I take that back, Mr. Speaker. I think anybody that is observing our certain respects, one of the least substantive proceedings today or listening in to our events in the IAEA calendar. We want to be do not know if we will be paying it. We will certainly owe it. But I have not proceedings, they know what they clear on this point: UNVIE encourages sub- mean by a balanced budget. It is how stantive visits, but for substance, Washing- seen any plan whatsoever or language ton officials would glean far more from a in the budget proposal which indicates much of the revenues you have, how well-scheduled 1–2 day visit during the nor- how we are going to pay the $1 trillion much money comes in and what your mal IAEA work cycle. back. outlay is, how much money comes in ACTION REQUEST For those who maybe have tuned in and what your outlay is, how much UNCLAS E F T O SECTION 02 OF 02 to our proceedings here and have been money goes out, and at the end of the USVIENNA 003288 kind enough to contact me and ask for year or at the end of a period of years, DEPT FOR PM—AMBASSADOR a little more detail and for those who if you say you are going to balance the SIEVERING; may not know, of our colleagues, about budget, that is what we mean by it, FROM USMISSION UNVIE this proposition that I am putting for- how much came in, how much went NOFORN SENSITIVE ward that there is no balanced budget, out. E.O. 12958: N/A Well, I have just read to you that TAGS: IAEA, AORC, AFIN, US may not have heard it, let me reiterate SUBJECT: NON-PROLIFERATION OF DEL- where I get this proposition, Mr. there is a deficit. Obviously, we are EGATES AS WELL AS WEAPONS Speaker. spending more money than we are tak- 7. Ambassador requests that the Depart- Let me indicate to you that I have in ing in. Where are we going to get the ment draw up standards or guidelines which my hand a copy of the concurrent reso- money? ‘‘Social security revenues, for IO and relevant missions can use to limit lution of the budget for fiscal year 1996. purposes of this section, the Congres- significantly the size of U.S. delegations to This was printed on June 26, 1995, and sional Budget Act, the amount of reve- international conferences. For its part, this comes from your Committee on nues of the Federal Old Age and Survi- UNVIE—having beefed up its IAEA section the Budget. This is, in fact, the official vors’ Insurance trust fund and disabil- to reflect U.S. national security priorities— is now positioned not only to cover the daily conference report. ity insurance trust fund are as follows: work of the Agency but also to handle, with On page 3 of the conference report, Social security revenues,’’ Mr. Speak- very limited augmentation from Washing- Mr. Speaker, it lists the deficits, and I er, ‘‘fiscal year 1996, $374,700,000,000,’’ ton, the board of governors meetings and am quoting now from the document, almost $375 billion, and again other general conferences. Buttressed by instruc- ‘‘For purposes of enforcement of this amounts accruing each year from 1997 tions, we are prepared to use the country resolution, the amounts of the deficits on through the 7-year period to the clearance process to help manage cost-effec- are as follows:’’ The fiscal years 1996 year 2002. tive USG participation in Vienna con- through 2002 then follow: In the first How much do we get in revenues in ferences. Ritch year, the deficit is $245,600,000,000. Defi- 2002? $498,600,000,000. Now, where that BT cits accrue each succeeding year until money comes from, Mr. Speaker, is #3288 2482 you reach the year 2002, the 7th year of from your paycheck and mine and from NNNN. this proposed balanced budget, in paychecks all across the country, Amb. JOHN B. RITCH, which the deficit amount is listed as under the so-called FICA position on Chief of Mission. $108,400,000,000. your paychecks, FICA. That is your H 14216 CONGRESSIONAL RECORD — HOUSE December 7, 1995

Social Security payment. And I will books, it is an accounting trick, it is Honorable PETE V. DOMENICI, the chair- explicate about that a little bit more just moving numbers around on paper, man of the Committee of the Budget in in my talk. It is $375 billion in 1996, $499 and it bears no relationship to reality. the Senate, and the Honorable J. billion approximately in the year 2002. Why? Because the reality is at that JAMES EXON, the ranking minority What are the Social Security out- point, even if you succeeded, Mr. member on the Committee on the lays? Okay, that is the income. What Speaker, in doing exactly what you Budget, an identical letter sent to the are the outlays? In 1996, $299,400,000,000, propose in the budget, of being able to Honorable KENT CONRAD. approximately $300 billion. In the year have deficits every year and offset I wish to quote in part from it. ‘‘As 2002, what is it? It is $383,800,000,000, ap- them with the Social Security trust specified,’’ I am now quoting from the proximately $384 billion. fund by borrowing against that trust Congressional Budget Office letter to Keep those figures in mind. fund, in the year 2002, unless I am sadly Senator DORGAN, ‘‘As specified in sec- In other words, we have a surplus. If mistaken and have misread the budget tion 205(a), the Congressional Budget you look at the fiscal year 1996, this document, there is no provision in here Office projections’’; in other words, the next year coming up, we are taking in whatsoever as to how the money is to budget document, Mr. Speaker, that I $375 billion in Social Security reve- be paid back. No plan. No proposal. No just quoted from, ‘‘was not arrived at nues. We are laying out $300 billion. We acknowledgment. As a matter of fact, randomly.’’ have approximately $74 billion to $75 the Congressional Budget Office even Randomly. I am not accusing the billion in surplus, what is called sur- indicates to me that it is implicit that conference committee or its author in plus. it will be paid back, but there is no ex- the Committee on the Budget here in We all know that there are going to plicit recommendation in the entire the House of just coming up with intu- be more people in the next century uti- budget conference report as to how you itive projections, although the Speaker lizing the Social Security trust fund will pay back the $630 or $40 or $50, or of the House indicated at one point, for their benefits than there are now whatever the number comes out to be, Mr. GINGRICH did, that he arrived at because the age of people getting the $630-plus billion, plus interest, that has the 7-year period by intuition. I think Social Security funds is increasing; to be paid back into that Social Secu- that I would prefer to lay intuition that is to say, their life expectancy is rity fund in order for it to be utilized. aside for the moment and get right to increasing. There are going to be more If one and I obviously, Mr. Speaker, the figures as provided by the Congres- people drawing on the Social Security do not think you would believe for a sional Budget Office. fund with less people paying into it, moment that I am making any of this Once again, ‘‘As specified in section and yet here we are drawing on the So- up, that I do not have the documents, 205(a),’’ we are talking about the act cial Security fund, borrowing from it. I but if one was to consider that that which forms the foundation for the think that is the polite word for it. was merely my reading of the budget budget resolution, ‘‘the Congressional Other people have used other words, figures and that perhaps I was mis- Budget Office provided projections.’’ like ‘‘embezzlement.’’ I have quoted understanding what the information There is then a parentheses, ‘‘using the others in the other body who have used was, let us refer then to the Congres- economic and technical assumptions that word, embezzlement. I say we are sional Budget Office itself. underlying the budget resolution and mortgaging our future, our Social Se- Now, I understand that there has curity future, by taking from it. But assuming the level of discretionary been a great deal of discussion in the that nonetheless, Mr. Speaker, is the spending specified in that resolution.’’ press and I have witnessed it myself In other words, the Congressional surplus supposedly for this year. Under the outlays for the year 1996, with the Speaker of the House in great Budget Office, Mr. Speaker, in this let- as I said, it was about $300 billion. In umbrage indicating that the Congres- ter, Ms. O’Neill, Director O’Neill, is in- the year 2002, the seventh year when we sional Budget Office is the resource dicating that the projections in the an- are supposedly balancing the budget, that we must refer to if we are going to nouncement she is about to make in the Social Security trust fund will make any pronouncements on the this letter are based on the economic take in approximately $499 billion. Al- budget. So, Mr. Speaker, I take that, I and technical figures that are in the most a half a trillion dollars will come am a humble serving Member of this budget resolution, and they assume the in. And what is the outlay? $384 billion. body. I am in the minority. If the ma- level of spending specified in the reso- jority, the Speaker of the House of rep- lution that I have just quoted to you. b 1630 resentatives, Mr. GINGRICH, says that Going on, the projections of the defi- Now, let us say that we understand we have to use the figures of the Con- cit or surplus of the total budget, that that there is liable to be an increase or gressional Budget Office and only those is, the deficit or surplus resulting from decrease in these estimations, because figures when we comment on the budg- all budgetary transactions of the Fed- that is what they are, estimations, but et, I will accommodate him. eral Government, including Social Se- take a look at that number, What did So I have before me the economic and curity and Postal Service spending and I say was going to be the deficit in the budget outlook for the fiscal years 1996 receipts, are designated as off-budget year 2002? According to this budget to 2000 as of January 1995. The source, transactions. document, it is going to be approxi- Congressional Budget Office. That is Now it comes out, this is how we per- mately $108 billion. If we allow for a what I have in my hand, given to me form the sleight of hand. This is the factor or $2 or $3 billion on either side, from the Congressional Budget Office, David Copperfield of budget tricks that let us use that, say $105 billion to $110 the budget outlook through 2005 as a takes place. You simply declare all the billion. The $108 is right in the middle. matter of fact. What does it show? It money that the people of this country That is the figure being used. What is shows that in 1996, as of January 1995, have put into the Social Security trust the Social Security surplus? Wonder of we have a deficit starting in 1996 with fund as being off budget. wonder, it comes to about $111 billion, the figure $207 billion. It goes on to the Do I not wish that I could take what just about exactly what the deficit is, year 2002, where the figure is $322 bil- I owe on my credit card and declare it according to your own budget docu- lion. Then it shows the Social Security off budget? I would not have to take ment. And what does that mean? It surplus starting at $73 billion and end- that into account when I balance my means that when the Republican ma- ing up in the year 2002 at $111 billion. budget at the end of the month or at jority says that they have a budget in Those are the figures from the Congres- the end of the year. I can just ignore surplus in the year 2002, what they sional Budget Office. all the money that is on that credit really mean is they have magically Attached to those figures is a letter card, because I am declaring it off worked the numbers so that the Social written to the Honorable BYRON L. budget. Security trust fund surplus becomes DORGAN, U.S. Senate, dated October 20, What happens as a result of that off just slightly more than the amount of 1995, from the Congressional Budget Of- budget transaction? Again, quoting the deficit, so that you can claim there fice, signed by June E. O’Neill, who, as from the letter from Director O’Neill: is actually a surplus in the budget. you know, Mr. Speaker, is the Director ‘‘As stated in the letter to chairman It is entirely illusionary, it is en- of the Congressional Budget Office. Domenici, the congressional Budget Of- tirely a matter of doing ballet with the Copies of this letter are sent to the fice projected there will be a total December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14217 budget surplus of $10 billion in the year cit projection, if that observation of b 1645 2002.’’ mark that, Mr. Speaker. A budg- mine is not sufficient, because I want The off-budget surplus. Is that not a et surplus in the year 2002. to point out yet once again that this is beautiful phrase, the off-budget sur- We have triumphed. We have what the Speaker has told us to do. plus? I can imagine how virtually any- achieved a 7-year budget balance. In Speaker GINGRICH has said as a matter body in this country would be de- fact, we will even have a surplus of $10 of fact, I regret to say, Mr. Speaker, lighted to have an off-budget surplus billion. Oh, happy day. Why has it not that Mr. GINGRICH has put it in quite available to them when it comes time been done before? Why did the Demo- threatening terms as recently as the to pay their bills. crats fight us all this time on it, when last day or so. And this is his general For 1996, it is $63 billion, and goes on here it was, right before us, so easily proposition for the country at large, up to the year 2002 in which the projec- accomplished, and we have the Speaker and I grant you, Mr. Speaker, that I am tion is $96 billion. Is that not nice to and everyone who supports the Speaker saying words to the effect. Mr. GING- have that surplus available to us? now ready to give us this wonderful RICH has said words to the effect, if you So we go on then from the Congres- present in 2002 of a $10 billion surplus. do not abide by the balanced budget sional Budget Office, and we get what But, wait. That is not all. There is proposition as put forward by the Con- is the base line budget projections, and another sentence. And what does it gressional Budget Office, the stock there we see a word which has been say? ‘‘Excluding an estimated off budg- market is going to crash, and the inter- used on the floor of this House over, et surplus of $115 billion in the year est rates are going to go through the and over, and over again, but not since 2002 from the calculation, the CBO, the roof, or we will shut down the Govern- we started talking about the balanced Congressional Budget Office, would ment, and it will be all your fault. budget. We used to hear about how we project an on-budget deficit of $105 bil- had to reduce the deficit. That was a lion in 2002. If you wish further details Now, Speaker GINGRICH indicated he was going to bench himself previously. litany that was recited with the fervor on this projection, we would be pleased of a rosary being recited. We had to to provide them.’’ A staff member and If this is being on the bench, I am not quite sure what being on the field have the deficit be reduced. number is then left. We do not hear that anymore, Mr. Yes, there is that little matter of the would be. But, nonetheless, this is what Speaker. Now we are balancing the $105 billion deficit. But, of course, we he has done. He is the Speaker of the budget. We have a new prayer, but this do not want to count that, because we House, he won a majority of votes, and is an unanswered prayer, because this were able to put that off budget some- I think I would like to remind him that Congressional Budget Office base line where. That does not really exist. it is one thing to stand in the back and budget projection for the fiscal year Now, Mr. Speaker, I have been in var- throw rocks when you are in the mi- 1996 read in two ways, and it is really ious legislative bodies for a long time. nority. I have been in the minority be- convenient. I have negotiated budgets. I have been fore. I have been in the minority even I am so pleased Speaker GINGRICH a subcommittee chairman in which I when I was in the majority. I under- asked us to use the Congressional received a figure, a spending figure, stand what that is all about. It is easy Budget Office because they have this that I had to conduct my legislative af- to criticize when you are not in a posi- fairs within, in higher education, in beautiful comparison here. On one line, tion of authority. But now he is the the on-budget deficit. Unfortunately, Health and Human Services, in edu- Speaker of the House, and the things cation itself, in lower education. I our deficit cannot get off budget. There he says and the actions that he takes is no way to hide the deficit. We have know what it is like to have to live are taken very seriously by the people within certain boundaries that have to stay on the money, no pun intended, of this country. I assure you, Mr. Mr. Speaker, on the money when it been set. Speaker, I take them seriously. I have also served on the Committee comes to the deficit, and the Congres- on Ways and Means, a committee So I stand here before you today, sional Budget Office understands that. which decides what kind of spending taking Mr. GINGRICH’s admonitions to So the on-budget deficit is $253 bil- can take place, what kind of appropria- heart, and so I refer to another docu- lion in 1996, as of August 1995, accord- tion is going to be allowed. I think I ment here in the economic and budget ing to the Congressional Budget Office; understand the process. I have served outlook of the Congressional Budget and goes on, by the year 2002, to be a on a city council where we had to make Office indicating the Congressional total of $436 billion. And do not forget those decisions. I have had responsibil- Budget Office deficit projections by fis- we are accumulating 253, 286, 301, 338, ity in those areas. cal year. This is the updated version. 373, 397 and 436. We add all those num- That does not make me an expert, by This is updated as late as I know one bers up to get what the deficit is. any stretch of the imagination, but I exists. And what do we see as the off-budget surplus? We have an on-budget deficit think as a citizen in a free country, Now, I understand the Congressional in three figures, we have an off-budget someone who has had the honor and Budget Office is going to provide a fur- surplus in the year 1996 of $63 billion, privilege of serving in public office be- ther update next week, so the figures in the year 2002, $96 billion, and we cause people exercise their voting fran- that I am going to cite to you, I do not have a series of numbers going on for chise and put their faith and trust in cite them as if Moses has come down every fiscal year up to the year 2002. my judgment, that I took it seriously, from the mountain and given them to that I tried to do my job as well as I So what we have there, Mr. Speaker, me. The best source I have is what the it seems pretty clear, is that we have could and understand it. I think I am a Speaker says I should use, which is the reasonably intelligent person who un- an ever increasing deficit. An ever in- Congressional Budget Office with the creasing deficit under our budget, derstands the English language and the latest figures. implications of it. under the Speaker’s proposal. An ever I am here to tell you, Mr. Speaker, Here they are. Congressional Budget increasing deficit and we have Social when I read those comments and when Office deficit projections, August 1995, Security funds in a trust fund, sup- I see those numbers, there is no way and what do I find on this page? By the posedly off-budget, that we are going that I could have gotten away with way, this is in billions of dollars. I find to use to try to reduce that deficit. But saying that we were balancing the a section of the Congressional Budget that does not take into account, then, budget, had I been proposing this in the Office projections which say what? ‘‘Off how we pay for the money that we have Honolulu City Council or in the Hawaii budget surplus.’’ And what do I find borrowed from Social Security to make State Legislature, nor could I propose under it? Social Security and the Post- up for what we are spending in a deficit it to my wife and family and get away al Service. The Postal Service surplus fashion in the budget we have proposed with it, because they would understand is a minor amount. It is not a minor before us. immediately that there was no way for amount to the average family, I am Mr. Speaker, one does not have to be me to account for the debt that I had sure, because we are talking about up a Nobel prize winner to figure that one incurred and how I was going to pay it. to a billion dollars. But compared to out. It means that we are going to keep Now, Mr. Speaker, let us move to an- the off budget surplus of Social Secu- on spending. In fact, I see members of other Congressional Budget Office defi- rity, it is a minor amount. the majority party come to the floor H 14218 CONGRESSIONAL RECORD — HOUSE December 7, 1995 everyday and brag how they are spend- year 2002 the percentage of the gross honest numbers that he admonished us ing more money on Medicare, more domestic product, which is in deficit, is with. money on Medicaid, more money here 4.4? I will repeat. How can we say that Now, Mr. Speaker, let us take a look and more money there. Charts come we have balanced the budget if, as a at what that means. Let us try to get down on the floor, facts and figures are percentage of our gross domestic prod- some understanding, then, of what that thrown forth, but I notice they never uct, we move from 3.5 percent in 1996 to means to the children; what that bring anything out of the budget docu- 4.4 percent of the gross domestic prod- means to the taxpayers who have the ment. I am the one quoting from the uct in the year 2002? It cannot be done. children and the mothers and fathers budget document. I am the one quoting It cannot be done. who may be on Social Security. There from the Congressional Budget Office a There is no way we can twist the is a phrase that has been utilized, Mr. to the actual figures. English language sufficiently to enable Speaker, utilized on this floor and uti- Mr. Speaker, I do not have some pie us to come on this floor and say that lized in discussions, utilized in media chart or something that has been the deficit is less in 2002 than it is in discussion, and it is called drawn up in the basement down here on 1996 if we have moved from 3.5 percent backloading. It is called look-back pro- the floor. I am quoting the facts and of the gross domestic product to 4.4 visions. figures as they are, and I am here night percent of the gross domestic product Now, these are our little catch after night bringing this out with no as representing the deficit of this Na- phrases that are utilized, and I do not refutation from anybody. I do not seek tion. That is the fact. At the same think, necessarily, they are explained, a contest on this. I am just saying that time, Mr. Speaker, the off-budget sur- and I fault the media. I do not fault the these are the facts and figures for the plus stays approximately at 0.9 per- political figures that are trying to American public to figure out. cent. The highest it goes is 1.0 percent dance around this case. I mean I do not Now, let us take a look at what this in the year 2000 and again in the year fault them in the sense of trying to fig- means. I have cited a lot of numbers, 2002. In only 2 of the 7 years does the ure out a way to fool people, because and I am sure my colleagues that are off-budget surplus reach the level of 1 that is what the object of this is. I tuned in, and others across the country percent of the gross domestic product. fault, frankly, the journalists and who might be observing our proceed- Now, these are the facts and these those whose job it is to cover what we ings, they are not sitting there with are not facts that I have twisted and are doing from inquiring further. pen and pencil trying to copy down ev- turned in order to make my case. The Why are there not more probing erything I am saying. I hope that they case came to me from reading the questions? We could do with a few less believe that I am quoting accurately facts. I had no preconceptions on this. celebrity journalists and entertainers from the figures. Certainly the staff I do not sit on the Committee on the disguised as journalists and get some here at the House takes these docu- Budget. I had to do my homework on people who will ask some serious ques- ments afterwards to check for what this. I had to read through these docu- tions of the people that are presenting they are going to put into the CON- ments. I had to wade through all the these phrases about balanced budgets GRESSIONAL RECORD, so I can assure ev- piles of numbers and propositions, and and lowering the deficit. eryone that these documents will be What is backloading? What is a look- decreased revenues stemming from quoted in the CONGRESSIONAL RECORD back provision? I will tell the Amer- downward revisions on income projec- and the sources will be there. ican people what it is. What it means is tions, and full percentage points lower So what do these numbers mean? If if over the next 7 years some of these we take my fundamental proposition than previous forecasts, and Federal figures fall down, if they do not hold that there is not a balanced budget debts held by public standing, and up, what it means is in the 7th year we proposal on the table; that, in fact, we lower rates which translate into sig- will look back, see how much we are off are increasing the deficit; that, in fact, nificant interest savings. I had to wade the mark that we set for ourselves, and we are borrowing money from the So- through that. It is my duty to wade them impose draconian cuts. At that cial Security trust fund with no plan to through that. point that will eviscerate even further, When I looked at it, and when I read pay it back, what does it mean? if that is possible, Medicare, Medicaid, Well, there is a very interesting table it, I kept thinking, can this be true? nutrition programs for children and that the Congressional Budget Office Can someone be coming down here and the helpless among us. How will we has provided, and it is as follows: What saying we are going to balance the Fed- care for them? is the on-budget deficit? If the Speaker eral budget by 2002? We are going to That is what look-back means. That will recall, that is what I just recited. balance the Federal budget in 7 years? is what backloading means. And the off-budget surplus, what does We are going to save our children? We Backloading is when we start out and that mean in terms of being a percent- are going to save our grandchildren? we have a lower number than we really age of the gross domestic product? The Congressional Budget Office fig- need because we do not want to scare That is, I think, a reasonable way for ures do not fudge anything. The Speak- people too much. After all, there is a the average American, and certainly er of the House, Mr. GINGRICH says, let Presidential election coming up. Our myself, I am an average American, I do us use honest numbers. Everything reelection is coming next year. Let us not think, as I say, I have any special that I have read today, everything that not frighten them too much, but let us mathematical ability or any special in- I am speaking about on this floor load that up at the backside, 1996, 1997, sight into economics, but I think I un- comes from the Congressional Budget 1998, 1999 on to 2002, so that when we derstand a straightforward presen- Office or from the conference document get to 2002, then we can whack them. tation, and these Congressional Budget on the budget as presented to this Con- By that time, a lot of people in here Office tables are straightforward. gress. Every single number. Nothing have said they are leaving office. There The on-budget deficit. How much we has been made up by me. I am not try- is all kinds of folks in here that have are in the red. Off-budget surplus. How ing to put it in any particular order to said I am for term limits. I am only much extra money we have. What is it try to make my case. The case, as I going to be here three terms. I am as a percentage of our gross domestic said, was made for me by reading the going to come in, destroy the budget of product? That is to say the sum and numbers and understanding what they the United States, I will take the so- substance, the sum total of all that we meant finally. cial and economic stability of this Na- have produced. What are we worth? They meant to me that we are en- tion apart brick-by-brick, and then I Well, it is very interesting that the gaged in an illusion. I will not use the am going to walk away and leave the budget, which supposedly is going to be word ‘‘fraud’’. I may have used it in the mess for somebody else to clean up. balanced in 2002, starts out in 1996 as a past, because that just has a pejorative b percentage of the gross domestic prod- connotation, and I do not care to get 1700 uct. It starts off at 3.5 percent. 3.5 per- into that. There has been enough of That is what is going to happen. That cent of the gross domestic product is that kind of discussion taking place. I is what the implications of this budget the on-budget deficit. wish the Speaker himself, Mr. GING- are. It goes beyond the partisan argu- If we were really balancing this budg- RICH, would take that to heart and ment among Democrats and Repub- et, Mr. Speaker, why is it that in the come down here and start using some licans. It comes down to what kind of December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14219 Nation are we going to have? What cuts are too deep, say the Democrats. Taxes Mr. Speaker, we cannot in good con- kind of people are we? Do we care must fall, say the Republicans. But after science come down to this floor and go about one another? Do we have any they compromise and begin arguing over who through this ritual recitation about a feeling for one another? Is it literally a won a few weeks from now, one truth will re- balanced budget and not acknowledge main. Both sides will be lying, because nei- case, as in the Gilded Age, in which a ther is talking about a truly balanced budget the facts as I have presented them. financial pirate like Jim Fiske could at all. Mr. Speaker, it seems to me that by say, ‘‘It is every man, drag out his own ‘‘The nonpartisan Congressional borrowing from the trust funds, we are corpse.’’ Budget Office,’’ the documents that I not really balancing the budget. By not Is this to be a war of each against have been quoting, as the Speaker ad- being honest about what the deficits all? Is that what this country is all monished us to do underscored that are, it simply means that we are going about? That is one of the reasons that point recently. It pointed out that to have to raise taxes on the next gen- we have the difficulty in Bosnia, be- come 2002, when the balance will be eration, or else we are going to have to cause we have a war of each against ‘balanced’ under the Republican plans, make cuts that are unacceptable in a all. I come from Hawaii where we do the Government will still be borrowing civilized society. I suppose it would be possible to not have that kind of ethic. Our diver- more than $100 billion a year. This is make the kind of cuts that would en- sity defines us rather than dividing us done by writing IOU’s to the Treasury, able us to get into balance in 7 years if in Hawaii. to Social Security and other trust Mr. Speaker, we live on an island. I we decided that there were whole por- funds that Congress declares off budg- grant you, Mr. Speaker, not everybody tions of our populace that were expend- et.’’ That is what I have been saying all lives in the kind of situation that per- able, with whom we could dispense, along in the course of my remarks. haps you and I do. Island people, we ‘‘The bill for this little game will not that we have dispensable people. Right now, Mr. GINGRICH is very fond know our limitations. We know that come due in the political life of Presi- of reciting individual instances where because we are on an island, because dent Clinton or much of today’s Con- children who were on welfare have been we recognize that nature in the end gress.’’ That is just what I indicated. killed or maimed or tortured or some rules, that we have to get along with ‘‘But, the public will pay soon horrifying element such as that coming one another. We have to find ways to enough.’’ accommodate one another; not to set Here is what the editorial says, and I into play, and cited it over and over one against another. quote: again, and then associate that with Mr. Speaker, that will be the inevi- programs that have failed, in his esti- To understand, look ahead to 2005. That is table result of this budget if we are not just 10 years away, about the time it takes mation. fair and honest and play fair and hon- for an 11-year-old child to go from grade Well, I ask you, Mr. Speaker, to con- est as we go into the budget. If we school through college. sider if we are going to go by the num- backload the budget to have the full Let us think about that, because we ber Speaker GRINGRICH raised with us, impact come in a given year, we are have heard over and over again from namely an intuitive one about 7 years, not going to be able to do it without our friends here on the majority Re- are we not then taking a chance, given hurting people and hurting people publican side, ‘‘Think about the chil- the figures that I have outlined, of deeply. That is not just opinion on my dren. Think about the grandchildren.’’ doing exactly that? Of having a society part. I think it is a reasonable projec- I hope it does not sound pejorative, Mr. in which people, some people, will be tion that anybody who is being honest Speaker, but there have been some considered less human than others; less about it would make. crocodile tears shed on this floor about deserving than others? In which provid- Let us try to get a little more detail the kids and the grandkids. ing for the general welfare of all of our on that. What exactly is going to take So, I am just going to talk about 10 people will be transposed into ‘‘some place? Does anybody believe that in the years from now, in the time an 11-year- will get and some will not,’’ and those year 2002, the Government stops; that old goes from grade school to college. without power will be left without the there are no payments to anybody any- That year, 2005, that year, a critical bal- capacity to defend themselves? more; that we have no obligations, so- ance tips. Increased costs for Social Security The strong, the powerful, the cial or economic, to one another? What will begin to deplete Congress’ cushion. Be- wealthy, they can always take care of happens in 2003 and on out? It is very cause the Social Security trust fund is a fic- themselves. We all know the old joke interesting. tion, filled with nothing but Government about Democrats borrow and Repub- Again, Mr. Speaker, I am not trying promises to pay, Congress will gradually lose licans collect interest. Well, it has a to just bring my own opinion to the its fudge factor. By 2013, when the trust fund certain cachet to it, and probably more floor. I will quote from what they call peaks, taxpayers will feel a hard bit. They than one person out there who is tun- will have to start doing what the trust fund a myth, the balanced budget myth, was supposed to do: pay for the retirement of ing in, including our own colleagues, from USA Today written November 6 of 75 million baby boomers. The budget will will say, ‘‘Yes, that, is right.’’ this year, just last month. plummet into a sea of red ink with $760 bil- Mr. Speaker, you may think that is USA Today, Gannett Corp., they are lion a year deficits by the year 2030. By then, the way we should put our budget to- no friends of mine. The Gannett Corp. the Government will have had to double the gether. I do not. I am down on this in Hawaii, they would like to see me current 12.4 percent employer-employee pay- floor trying to exercise my franchise drop through one of those volcanic roll tax to cover Social Security obligations. on this floor on behalf of those who cracks on the Big Island and never Again I emphasize, Mr. Speaker, that cannot speak for themselves. That is come back. I am proud to say that is not some partisan rhetoric that I why the 435 of us are here. This is a those newspaper people in Hawaii, they made up in order to try to embarrass representative government. This is not have been against me all of my life. All Speaker GINGRICH, with his admoni- a parliament. of my political life they have opposed tions to us about having to balance the Mr. Speaker, Mr. GINGRICH is not the me. I know I am doing something right budget. That comes from an editorial prime minister. We do not have to fol- when I have the newspapers going from someone who is certainly not a low blindly in the footsteps of anybody against me in their editorial depart- friend of mine. But the fact still re- in this country, including the Presi- ments in my own hometown. Mr. mains that they have hit upon what dent of the United States, as he learns Speaker, you know perfectly well that the real difficulties, and believe me every single day, I am sure, more than a person must have something useful that is a word that beggars the enor- once. Probably once an hour, once a to say. mity of what is about to take place, minute, he probably feels it is like I am not quoting an organization the difficulties, the hardships, the pain somebody is telling them that they do that has any favorable twists towards that is going to be inflicted on this not have to pay attention to what he is me. There is no question about that. country as we apparently want to mu- saying or what he is requesting. So, what does their editorial say? Let tually agree to fool ourselves and, by Mr. Speaker, it is our obligation as me quote. extension, fool the American people men and women freely elected by a free Each day, the debate over balancing the into thinking that we are balancing people to come onto this floor and de- budget produces another dire warning. That the budget. fend the interests of those who cannot H 14220 CONGRESSIONAL RECORD — HOUSE December 7, 1995 otherwise defend themselves. That is Speaker. So, I want to close perhaps by a 7-year plan to balance the Federal what this budget is about. It is not reiterating and summarizing as fol- budget using honest numbers are gen- about an abstract document. The fact lows: If we truly want to have a budget erated by the nonpartisan Congres- that I happen to be able to grab a piece that we can go before our families, our sional Budget Office, a balanced budget of paper and budget figures on a piece friends, our communities, go before over 7 years which does not resort to of paper does not mean that that is the those folks who depend upon us, and Washington budgeting. There is a little budget. The budget is people. This is speak with them honestly about it; bit more than a week to reach an the people’s House. We represent the that will review the premises upon agreement to preserve the American people. We have a certain time on which this balanced budget is being dream for our children and our grand- Earth given to us to justify our exist- proposed; that will deal with some hon- children rather than to leave them ence. That is the way I look at it. est number, recognizing that we cannot with the legacy of the American debt. I do not deserve anything. I am not command the next Congress; that there I would point out the obvious, which entitled to anything. But I will tell my are 2 Presidential elections over the is that we Republicans, while being the colleagues what I am entitled to under next 7 years, then we have to try and new governing majority in the Con- the Government of the United States, set a basis, a foundation, for a budget gress for the first time in 40 years, lack is consideration. Consideration, based that will enable us to be able to carry the votes to override the President’s on the Constitution of the United on the legacy, the heritage of freedom veto. Therefore, we have to reach some sort of agreement with either the States and the Declaration of Inde- in this country, and to pass on to those President and his administration or pendence that formed the basis of our who will have the responsibility after with enough of our Democratic col- association with one another as a re- us, a responsible budget which has been leagues to be able to override the public. arrived at in an honest fashion, and So, it is important for us to trans- President’s veto, if the President con- which preserves and protects not just tinues to insist on balancing our plan, pose and translate this document, this Social Security and the other trust budget, into human terms and to con- our balanced budget plan. funds, but protects the basis upon But at the beginning of my special sider the human dimension. If we do, I which we are able to conduct the prop- order I wanted to talk just a little bit think we are going to look at it a little er business of the people of this coun- about the Committee on Standards of differently. I am perfectly content, Mr. try. Official Conduct ruling yesterday on Speaker, I have been a legislator all of That budget, fundamentally, in the Speaker GINGRICH, particularly since it my life. I understand that not every- end, Mr. Speaker, is people, and unless was the primary topic raised today body thinks as I do, and I understand we translate this budget into people during the opening of legislative busi- that positions I may have held at one terms, we are doing a disservice to the ness, the time that we normally re- time I have changed over the years. very people who have given us the re- serve for what we call 1-minute speech- Mr. Speaker, I have changed them be- sponsibility to be here today. es or 1-minute addresses to the House. cause I have learned more. Hopefully, I f One of my Democratic colleagues am not so set in my ways as to believe after another came to the well, where I STATUS OF BUDGET that revealed wisdom is somehow mine am now speaking from, to make or to NEGOTIATIONS at a given point in my life and there is reinforce accusations against the nothing else for me to learn. In this The SPEAKER pro tempore (Mr. Speaker. It was clearly a smoke screen particular context, I think there is a METCALF). Under the Speaker’s an- in my view to divert attention from lot for us to learn, and there is a lot for nounced policy of May 12, 1995, the gen- what the Committee on Standards of us to give to one another in terms of tleman from California [Mr. RIGGS] is Official Conduct really said in their the knowledge that we have acquired. recognized for 60 minutes as the des- ruling yesterday and also to divert at- If we want to reduce the deficit, and ignee of the majority leader. tention away from the pressing busi- I do think that is important, and if at Mr. RIGGS. Mr. Speaker, let me ness, the businesss of the American some point we want to balance the point out that I am performing some people, which is of course confronting budget, and I do think that that is im- special responsibilities tonight as what this House, as I mentioned, and which portant, by all means let us do it in a we call on this side of the aisle, the we actually have just a little bit over a sensible way. Very few people, Mr. Theme Team leader. I hope to be joined week’s time to conclude. Again, the Speaker, are able to buy their house on by some of my colleagues in this spe- most pressing business, the most press- the day that they move into it. The cial order lasting approximately 1 ing issue confronting the House of Rep- bank advances them a sum of money hour. This is time reserved by the Re- resentatives is the American people’s on the basis that they will be able to publican majority to talk about issues desire to have a balanced Federal budg- balance their budget. That is to say, of the day. et. they will have sufficient funds to be However, having said that, I will also So, first of all, let me just take a mo- able to make the series of payments point out that we have ended legisla- ment to clarify this Committee on necessary in order for them to pay off tive business for the week and I do not Standards of Official Conduct rule on that house. know if I will be joined by some of my Speaker GINGRICH. I think my col- We do that as governments all the colleagues, but it is my hope to talk a leagues, particularly my newer col- time. What we say, if we are on the little bit about the budget situation. leagues who perhaps do not have the city council or in the State govern- Mr. Speaker, I think Americans are history of this institution, certainly, ment or in a village situation where we curious to know the status of these ne- or perhaps are not aware of how the have a bond issue for sewers or for gotiations, since we are roughly 1 week Committee on Standards of Official roads or for schools, we say that over a away from the December 15 deadline Conduct has been really turned into a period of time we will pay for that, be- for the short-term continuing resolu- tool or a vehicle for political vendet- cause not just the people of today, but tion which has allowed us to keep, if tas, I want to spend a moment to talk the people of tomorrow, the young peo- you will, the doors of the Federal Gov- a little bit about the history of the ple as they grow older, will be using ernment open and continue to pay our Committee on Standards of Official these facilities. bills. A week from tomorrow, Decem- Conduct. I also want to take a moment We have a budget that takes that ber 15, is when that continuing resolu- to clarify that the Committee on into account and over 5, 10, 15, 20, and tion expires; when the Federal Govern- Standards of Official Conduct is the 30 years, we pay the principal and in- ment runs out of funds. only standing committee of the House terest associated with those projects b of Representatives that is truly bipar- and those expenditures that we feel are 1715 tisan in nature. That is to say, an in the general public’s interest; in the So we have a little bit more than a equal number of Republicans and common interest of the people in our week to reach a bipartisan agreement Democrats are serving on that commit- communities. with the President and his administra- tee. We see this as being fair and equi- tion and with our Democratic col- Yesterday the five Democrats and table. That is all I am asking for, Mr. leagues in the House over the terms of the five Republicans, again an equal December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14221 number, making this truly the only bi- cratic minority in leveling these quisites of being a Member of the partisan committee of the House, be- charges against the Speaker. It upsets House of Representatives at the House cause all other committees have a ma- me to see a Member of the House bank over the opposition of the en- jority-minority representation. That is Democratic Party leadership really trenched Democratic Party leadership, to say, there are more Republicans, take the point in leveling these charges which was to include in that 102d Con- since we are now the majority party in and leading the attack against the gress the gentleman from Michigan the Congress, on every other congres- Speaker. who now attacks the ethics of the sional committee than there are Demo- I worry sometimes that again some Speaker of the House, the gentleman crats, except for the House Committee of our newer colleagues perhaps may from Michigan [Mr. BONIOR]. on Standards of Official Conduct. Yes- not have an understanding of the re- Later in that same Congress, of terday those 5 Democrats and 5 Repub- cent history in this institution. I cer- course, we had the post office scandal. licans serving on that committee voted tainly worry that many of our con- I can recall, again, as a member of the unanimously, that is 10 to 0, to effec- stituents, the American people, do not Gang of Seven, standing upstairs in the tively dismiss 64 of the 65 charges lev- realize that some of the people engaged House press gallery and telling a news eled against the Speaker of the House. in this orchestrated political vendetta conference of the national news media To me that clearly points out that against the Speaker are the very peo- that there was prima facie evidence to these charges are baseless, and not ple who presided over the scandals that suggest criminal wrongdoing at the only that, that they are largely frivo- have rocked the House of Representa- House bank and post office. And I based lous and political in nature. The Com- tives in recent years. that on my former experience as a law mittee on Standards of Official Con- It is very important to understand enforcement officer and police inves- duct gives us real reason to believe that the governing party, the majority tigator. I can remember them laughing that these charges were part of a polit- party in the House of Representatives, aloud, scoffing openly at the sugges- ical vendetta orchestrated from the has added responsibilities, a special tion, the temerity on my part to sug- day that the Democrat Party lost con- duty to administer the House on a day- gest that there had actually been ille- trol of the House, a vendetta orches- to-day basis. That means all the ad- galities or criminal wrongdoing. trated to discredit the Speaker by at- ministrative and financial functions of But if you come forward to the tacking him personally. the House of Representatives. Of course present day, we now know that there After 15 months and millions of tax- until last January, the party respon- have been a number of indictments, payer dollars and hours and hours of sible for managing the House of Rep- criminal indictments and criminal con- time spent investigating, the liberal resentatives was the Democratic victions on the part of House officers Democratic minority, the liberal Party. I very well remember, because and employees as well as Members of Democrats who constitute a majority of my personal experiences from my the House of Representatives in con- of the minority party in the House of first go-around in Congress as a Mem- junction with those two scandals. The Representatives, those liberal Demo- ber of the 102d Congress, I remember bank and post office scandals really crats who launched this unfounded vividly the House Bank and Post Office gave new meaning to the term, the old smear campaign owe the House and the scandals that occurred on the watch of joke, the check is in the mail. taxpayers an apology. These were friv- the House Democratic Party leader- Later, out of the House post office olous charges that were made for polit- ship. scandal, we had revelations of ghost ical reasons and attempt to politicize I remember when then-Speaker of the employees, ghost employees on the and to misuse the ethics process. House, Tom Foley, speaking from this payroll, on the official staffs at tax- This is not an isolated example. This podium opposite me in the well of the payer expense of Members of Congress. continues a Democratic pattern of House, took the report from the Gen- Those are serious allegations. They abuse of the Committee on Standards eral Accounting Office. This was an were leveled against a former member of Official Conduct. These phony audit of the House, the so-called House of Congress from Illinois by the name charges against Speaker GINGRICH are bank, which was really a membership of Dan Rostenkowski who was then really nothing new because in 1989, cooperative and check-cashing office. I chairman of the House Committee on Democrats, in retaliation for then- remember when Speaker Foley took Ways and Means and very much a part Speaker Jim Wright’s resignation, filed the audit indicating over 8,000 bounced of the House Democratic Party leader- nearly 500 charges agsinst Representa- checks at the House bank, waved it in ship. tive GINGRICH. Just like today, after a the air, standing down here at that po- long and costly investigation, Rep- dium right there, typically where the I cannot recall any protest from the gentleman from Michigan [Mr. resentative GINGRICH was exonerated. Democrats speak from. He waved that These attacks against Representative audit in the air, and he said: This is BONIOR]. I cannot remember Mr. GINGRICH may be phony, as he himself now a matter that is over and done BONIOR ever going on record. And this has said, but they are a serious pattern with. is the same gentleman now who con- of misuse and even abuse by a frus- He submitted the GAO report for the stantly chases the TV cameras and trated Democratic Party bent on po- CONGRESSIONAL RECORD. Translation: anyone holding a microphone. I cannot liticizing the Committee on Standards We have not done anything wrong, and remember that gentleman ever coming of Official Conduct. So, while we are we will not do it again. forward and condemning these ethical working to try and change America, A small group of us, proverbial back lapses and these deliberate abuses in they are working to try and change the benchers because we were junior mem- the House of Representatives. subject. bers of the Republican Party, the mi- In fact, in the last Congress, in the These charges were a coordinated ef- nority party, which was to become last Congress, there were two votes, fort, again by the most liberal element known as the Gang of Seven, happened two votes to force the House Commit- of the House Democratic Party, not to to be on the House floor. And that mo- tee on Standards of Official Conduct to seek the truth or justice, but to stop us ment we came together and said: We investigate the allegations against from balancing the budget, reforming are not going to let this pass unno- then-Representative Rostenkowski, welfare, providing tax relief for fami- ticed. We are going to challenge what both of which were defeated on pretty lies, and sending power back to States appears to be a deliberate effort on the much a straight party-line vote, the and to families, just as we promised to part of the House Democratic Party Democratic majority outvoting the Re- do and just in fact as we have been leadership to sweep this matter under publican minority. Where was Mr. doing since we became the majority the rug. BONIOR then? party in Congress last January 4. Well, the rest, as they say, was his- Well, the answer of course is that he I also want to take a moment, be- tory, and to make a long story short, was part of the Democratic Party lead- cause it really riles me to see that the we ultimately helped lead the fight ership. He was part of a concerted ef- gentleman from Michigan. [Mr. compelling full disclosure of the names fort to control the damage, to cover up BONIOR], DAVID BONIOR, has sort of be- of those who had abused their member- the true extent of the House bank and come the point person for the Demo- ship privileges, their part of the per- post office scandals and to thwart an H 14222 CONGRESSIONAL RECORD — HOUSE December 7, 1995 official Committee on Standards of Of- of the aisle. So I wonder where is your Why did the President veto welfare ficial Conduct investigation of Rep- moral outrage at what occurred then? reform, because we had put our welfare resentative Rostenkowski. How could you have been silent, and reform proposal into the Balanced I might add that the gentleman from how could you have condoned and ac- Budget Act of 1995 which he vetoed yes- Michigan [Mr. BONIOR] had 76 over- quiesced to those scandals then but be terday; why did he veto that? Does he drafts at the House bank for which he so outraged today, and for that matter really want, as he promised as a can- was never held accountable by his col- where is your outrage at the scandals didate for President of the United leagues in the House of Representa- that have rocked the current Presi- States, does he really want to end wel- tives. Remember, of course, that Rep- dential administration, the Clinton ad- fare as we know it? Why did he veto resentative BONIOR now insists that the ministration, which promised us the Medicare solvency? Does he really House take action against the Speaker. most ethical administration in the his- want to save Medicare? Is he com- He gloats that the decision to dismiss tory of our country? Where is your out- pletely ignorant of the report made by 64 out of the 65 charges against the rage, Mr. BONIOR and others, over the his own Cabinet Secretaries, the public Speaker of the House is some sort of Whitewater scandal and what appears trustees of the Medicare trust fund, great victory and that the appointment to be with every passing day more and that Medicare starts to go broke next of an outside counsel to assist the more evidence of a high-level coverup year and will be completely bankrupt Committee on Standards of Official in the administration, a high-level in 7 years? Why did the President veto Conduct in investigating the 65th damage control operation in the White Medicaid reform, the kind of Medicaid charge, which entails complicated tax House to prevent the American people reforms that he lobbied for as the Gov- issues, is somehow, again, a vindica- from knowing the full truth and all the ernor of Arkansas? Why did he veto tion of his position all along. facts regarding the Whitewater scan- Medicaid reform that would give But I would love to ask Mr. BONIOR, dal? And on, and on, and on. States, as he argued back when he was where was your moral outrage, where There is almost a joke today that the a Governor, more money, greater flexi- was your indignation when this insti- Clinton administration cannot have a bility, and less bureaucratic red tape? tution was consumed by the House Cabinet meeting without all the Sec- All questions then await an answer bank and post office scandals? How did retaries bringing along all their inde- from the President now that he has ve- you vote on July 22, 1993, when the pendent counsels and their lawyers. toed our plan to balance the Federal House defeated by a party-line vote of So what is this all about? It is really budget. 242 to 184 the Michel resolution offered an attempt, as I said earlier today dur- The President has clearly, against by then-Republican-leader Bob Michel ing 1-minutes, to divert attention from the will of the American people, the to force immediate disclosure of House the major issues confronting this Con- President has clearly tried to ignore administration transcripts of the post gress, the important work, the impor- the will of the people and avoid bal- office inquiry? tant business, of the American people, ancing the budget. In fact, the two gentlemen from Flor- and that is balancing the Federal budg- So I have got a message to the Presi- ida who have been prompted, coming et, keeping our promises, doing the dent, to my colleagues, yesterday. I down to this floor talking about how right thing for our children’s future. have three children. I, like many other we are going to force the House to de- Now what happened yesterday? Mr. proud dads, carry their photographs ev- mand an immediate accounting from Speaker, yesterday, with one stroke of erywhere with me in my wallet. Actu- the Committee on Standards of Official his pen, the President replaced the ally I have a large photograph, but I Conduct, we want immediate disclosure American dream with the American left it over in my office in my office of the Committee on Standards of Offi- debt. Now the President of course has, desk. I wanted to bring that over here cial Conduct proceedings against the having vetoed our 7-year plan to bal- and hold it up, but I want my col- Speaker of the House, I dare say that ance the Federal budget as certified by leagues to know that the President those two gentlemen from Florida, the nonpartisan Congressional Budget said—what the President said to my Representative PETERSON, Representa- Office, the President vetoed our plan, kids yesterday, 20 and 13. Those are our tive JOHNSTON, both voted with the ma- arguably the most important bill to two boys, Ryan and Matt, and our lit- jority here back on July 22, 1993, to cross his desk since be became Presi- tle girl, Sarah Ann, who is 81⁄2 going on block immediate disclosure of the dent of the United States, the Presi- 18. I want the President to know what House administration transcripts of dent now has a responsibility to offer he said to my kids yesterday. He said: the post office inquiry. his own balanced budget, to tell us spe- If you want a brighter future, here is Then later, March 2, 1994, again by cifically what he does not like about a veto. If you want to be able to live another party-line vote of 238 to 186, our proposal, without any gimmicks the American dream and not inherit the House of Representatives, under and without any rosy economic sce- the American debt, here is a veto. the control of the Democratic majority narios. I want to remind my colleagues that at the time, defeated a resolution by But before we get into the Presi- the Balanced Budget Act was not just a the gentleman from Oklahoma [Mr. dent’s proposal, because bear in mind it good bill, it is the only bill. There is ISTOOK] to immediately initiate a Post has now been 2 years and 11 months only one credible plan in this town Office investigation by the Committee roughly that he has been President of that would balance the budget using on Standards of Official Conduct. the United States, and he has yet to honest numbers while cutting taxes for So you can see, my colleagues, that send to this Congress, or to the last working families, and that is the bill there is clearly a double standard in Congress, his plan for balancing the the President vetoed yesterday. this House of Representatives, clearly Federal budget. But, first of all, I think All we can gather from this action is a very convenient short-term memory we have to ask why, why did the Presi- that the President wants to take more lapse by my Democratic colleagues dent do this? Why did the President of my children’s money, because re- with respect to the scandals which veto the most important piece of legis- member, our children are going to be again rocked this institution under lation to cross his desk since he be- spending for our excesses, they are their watch. came President? going to be paying high taxes to pay Well, why did the President veto a for our wasteful spending practices, b 1730 sound, reasonable, balanced budget? It and we really believe it is immoral on Clearly there is no limit on hypocrisy sort of begs the question does he really this side of the aisle in Congress to bor- with a capital H in this town. In fact it want a balanced budget or does he row from our children’s future to pay reminds me, as I watched these she- want to play politics with this whole for today’s spending binges, but that nanigans, I am always reminded, I issue of balancing the Federal budget seems to be the message from the think, of the wonderful Woody Allen as part of what I call the nonstop cam- President and his administration. line: ‘‘No matter how cynical I get, I paign? And at some point in time I Now let me just point out that we just can’t seem to keep up,’’ particu- really believe you got to put the poli- have some pundits weighing in on this larly when I watch the hypocrisy and tics aside and act on principle, and particular subject, some pundits who the double standard on the other side that time is now. have looked at all this give and take, December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14223 back and forth, between the Repub- ‘‘Panetta acknowledged last week do stand admonished, and, Mr. Speak- lican majority in the Congress and the that Democrats are bargaining from a er, let me ask how much time I have President and his administration on position of some weakness.’’ They remaining, please. the balanced budget, and I want to quote Panetta as saying, ‘‘We should The SPEAKER pro tempore. The gen- bring a couple of quotes to your atten- have been the ones who asked the tleman has one-half hour remaining. tion. toughest questions about costly gov- Mr. RIGGS. All right. I want to quote from the Washington ernment programs,’’ he said. ‘‘I think Mr. Speaker, with that reminder let Post a couple of days ago, December 5, we lost something when we didn’t,’’ me pick up where I left off. I was talk- in a column written by James Glass- and I raise that now because I want to ing about the irony of a Republican man, and he is a regular columnist now speak about my former California col- majority helping a Democrat President for the Washington Post, but he is a league, Leon Panetta, in just a mo- make good on his fundamental prom- pretty knowledgable guy about Capitol ment, because, as you will see, Leon ises, and if you go back to the 1992 Hill because he used to be the editor of Panetta has been all over the political Presidential campaign, you will recall Roll Call newspaper, the weekly news- landscape when it comes to the idea of that the President campaigned on a paper that is published on Capitol Hill, a balanced-budget plan, a credible bal- promise of ending welfare as we know and here is what he wrote about the anced-budget plan. it and a promise of reducing middle- budget: So again, colleagues, with one stroke class taxes. We want to do both. We do My own judgment is that the lack of a deal of his pen yesterday President Clinton both in the Balanced Budget Act of is Clinton’s fault. To be fair, Clinton and vetoed the first balanced budget in 25 1995, which he vetoed yesterday. Congress differ on how a small part of this spending will be financed. If the two sides years, 25 years. The only real balanced So I want to say again the President are so close, why is there no deal? That is budget plan the President has ever with one stroke of the pen yesterday the big secret that we seem to be keeping touched, he vetoed, and he vetoed it vetoed tax cuts for families, and do from the American people, is that we are ac- with a flourish, with a lot of fanfare, as not—I know the American people see tually relatively close. In fact, the President if that is going to give him additional through this smokescreen, this con- has proposed to limit the growth of Medi- political mileage. His explanation for stant class warfare demagoguery that care, the President has proposed to cut mid- not giving the American people a bal- they hear daily on the floor of this dle-class taxes. In fact, by the same rea- anced budget was that our plan, again soning that so many of our Democratic Congress, and I think that is evidence certified by the Congressional Budget colleagues use here in the House of Rep- of just how intellectually bankrupt the Office as balancing the Federal budget resentatives the President is proposing congressional Democratic Party has in 7 years, our plan which increases to limit the growth of Medicare to help become at times. But I know the Amer- spending from $9 trillion over the past finance a middle-class tax cut, but you ican people see through that, but I sim- 7 years to $12 trillion over the next 7 will never hear that acknowledged by ply want to stand here today and tell years, almost a $3 trillion increase, the Democratic minority in the House. you that three-quarters of the tax re- Anyway, back to Glassman’s quote. that our plan was, to use the Presi- lief we provide in the Balanced Budget He says: ‘‘If the two sides are so close, dent’s word, ‘‘extreme.’’ Act goes to families with dependent Well, let me tell you something. The why is there no deal? I am not sure children. We think that is very impor- American people know this. My con- Clinton wants one right now. With tant. stituents know this. There is nothing shutdown two looming on December 15, extreme and unacceptable, another next Friday, a week from tomorrow, he b 1745 term the President used, about lower- would rather portray the Republicans We think it is fundamentally impor- as extremist and obstructionist and ing interest rates, giving American workers more take-home pay, saving tant to give American families an eco- himself as the savior of health care for nomic dividend from the first balanced seniors and the poor. The actual num- Medicare from bankruptcy, ending wel- fare as we know it, and, yes, we are budget in 25 years. Yes, we do philo- bers, listen to this, the actual numbers sophically believe that the American from an objective, neutral, unbiased going to continue to remind the Presi- dent of that campaign promise, in- people are entitled to keep more of observer, the actual numbers prove their own hard-earned money, that this claim is malicious nonsense, mali- creasing spending as I mentioned by al- most $3 trillion and giving more power they are in a better position to deter- cious nonsense. The only question is mine how to spend that money than how long it takes Americans to realize to the States and communities. This is what the President vetoed, despite his the Federal Government and the Fed- it.’’ eral bureaucracy back here in Washing- That is James Glassman 2 days ago rhetoric. He vetoed a sound, reason- ton, so we give tax relief to families. in the Washington Post. able, balanced budget. He vetoed wel- Now listen to this, same day, Decem- fare reform that really does end wel- We have especially helped middle-class ber 5, a quote from Democratic Senator fare as we know it. families which have felt the burden, and Senate Budget Committee ranking Now there is a certain rich irony in a the twin whammy, the pinch, if you will, of rising taxes and stagnant or minority member JAMES EXON in the new Republican majority in the Con- Omaha World-Herald newspaper: gress attempting to help a Democratic even declining wages in recent years, ‘‘When you come down to the numbers, President make good on his fundamen- so our tax relief is targeted to middle- it has been impossible to get the Demo- tal campaign promises, because that is class and low-income families. And, in crats to agree to any kind of plan. I am exactly what is occurring here. The fact, our tax relief would completely critical of my own party,’’ says Sen- President campaigned on a promise of eliminate the Federal tax liability of ator EXON regarding Congressional ending welfare as we know it—— 4.7 of the lowest-income families in Democrats. ‘‘I think we have to come The SPEAKER pro tempore (Mr. America. That is what the President up with a budget to be credible.’’ METCALF). Would the gentleman sus- vetoed yesterday. He vetoed a $2.5 tril- That is coming from one of the peo- pend? lion increase in Federal spending in the ple inside the room, one of the leading As stated on page 175 of the House next 7 years over the last 7 years, as I budget negotiators, the ranking Demo- Rules and Manual, the Chair will re- mentioned earlier. crat on the U.S. Senate Budget Com- mind the gentleman from California How much more money does the mittee, Senator JAMES EXON. that it is not in order in debate to men- President want to spend? We will not Now listen to the Boston Globe on tion the name of a Senator—except as know until we get a detailed proposal, Monday of this week speaking of Leon a sponsor of a measure or in quotations a counter proposal, if you will, from Panetta, former Congressman and from Senate proceedings for the pur- the President. I will point out that Committee on the Budget chairman in pose of making legislative history—or when the President vetoed the Bal- the House of Representatives, and now to reefer to a Senator or his vote on a anced Budget Act yesterday, he vetoed chief of staff at the White House lead- proposition. the American people, because in the ing the White House negotiating team Mr. RIGGS. I appreciate the Speak- largest public opinion survey ever on the budget deliberations. Here is er’s reminder. I was quoting the Sen- taken, 7,200 registered voters with a what the Boston Globe says: ator, I believe, from a newspaper, so I margin of error of 1 percent on the H 14224 CONGRESSIONAL RECORD — HOUSE December 7, 1995 issue of a balanced budget, the Amer- I wanted to take a moment again just block grant program to the States, at ican people said yes to our plan to bal- to look at what the President said yes- the request of the Governors. I pointed ance the budget. Fifty-seven percent of terday when he vetoed the Balanced out earlier that the President, when he the American people surveyed em- Budget Act, H.R. 2491, and I quote from was the Governor of Arkansas, re- braced our plan after being given a few a transcript of his veto message which quested these same innovations. I facts; a few facts, not the rhetoric, not was on the U.S. News wire yesterday: would also like the American people the distortions, not the demagogery; ‘‘The bill seeks to make extreme cuts and my Democratic colleagues to un- facts about how our plan treats pro- and other unacceptable changes in derstand that we are working very grams like Medicare; student loans Medicare and Medicaid.’’ closely with the Governors in develop- which increase from $24 billion to $36 I am here on the floor tonight to say ing our plans, and in developing the billion, a $12 billion increase over the to the President, to my colleagues, to particulars of the Balanced Budget Act next 7 years; Social Security, which my constituents, and to the American of 1995. has always been off the table, and I people that there are absolutely no ex- Why are we doing that? We now have think that is one of our biggest accom- treme cuts in the Balanced Budget Act 31 Republican Governors in America plishments, balancing our budget while of 1995. Total Federal spending, as I representing 71 percent of the Amer- providing tax relief for American fami- have already mentioned, over the next ican people. Are we not going to con- lies and without touching Social Secu- 7 years when compared to the last 7 sult them? Are we going to leave them rity. years actually increases $2.5 trillion. out of the equation? Are we not going In fact, I think as other Members Specifically, there are no extreme cuts, to treat them as equal partners in de- have pointed out, we have to generate and I quote now from the President, veloping the Balanced Budged Act? Of a budget surplus here in Washington by there are no ‘‘extreme cuts and other course not. We have been acting on 2002 or sooner, so we can begin paying unacceptable changes in Medicare and their bequest here as we craft a plan down and ultimately paying off the na- Medicaid.’’ for reforming Medicaid. tional debt, and repaying the money to A spending increase is not a cut, as Instead, we have a Medigrant pro- the Social Security trust fund that we the President himself said in 1993, when posal which gives States more money, have borrowed over the years. In fact, he also proposed slowing the rate of greater flexibility, less bureaucratic I think our constituents and our col- growth of Medicare: ‘‘Today Medicaid redtape, just as the President wanted leagues need a reminder that $1.5 tril- and Medicare are going up at three when he was a Governor, and which in- lion of the $5 trillion national debt times the rate of inflation.’’ The Presi- crease Medicaid spending by 55 percent. that we have today is money borrowed dent recognized that was an There is nothing extreme and unac- from the trust funds of the Federal unsustainable rate of growth in both of ceptable about lowering interest rates, Government, chiefly, Social Security, those programs. Then he went on to giving American workers more take- so we have to repay that money. The say, ‘‘We propose to let it go up at two home pay, saving Medicare from bank- only way we can do that, obviously, is times the rate of inflation. That is not ruptcy, ending welfare as we know it, to balance the Federal budget and then a Medicare or Medicaid cut,’’ from a increasing spending, and giving more generate a budget surplus year in and speech he gave to AARP, the American power to the American people. That is year out. I still get wide-eyed looks Association of Retired Persons, on Oc- just what I said earlier. I want to re- when I raise the idea of budget surplus tober 5, 1993. peat it for emphasis, because that is from my constituents in my town What has changed? If anything, Medi- what the President vetoed yesterday. meetings, but we are going to do that. care and Medicaid are in worse condi- I see I am joined by my very good As I told one of my constituents at tion, worse shape today than they were friend and colleague, the gentlewoman the beginning of this year, who asked back on October 5, 1993. But what do we from California. I wanted to point out me in a town meeting, ‘‘Congressman, do in our bill? We increase Medicare to her, she probably already knows will I ever see a balanced budget in my spending 6 percent a year between this this, but with our Medicare reforms, lifetime?’’ I said, ‘‘Yes, you will. You year, fiscal year 1995, and fiscal year California, which is a high-cost, high- will see it this session of Congress, and 2002. Medicare spending in actual dollar growth State, will get even more fund- you will see in your lifetime budget numbers increases from $178 to $289 bil- ing for Medicare recipients. Medicare surpluses in Washington that go to pay lion, a 62-percent increase. recipients in California are going to re- down and pay off the national debt so Here is the real news to the Amer- alize and receive an increase of $5,000 our children do not inherit that debt.’’ ican people. The difference between our per beneficiary today to over $8,000 per So 57 percent of the American people proposal on Medicare part B premiums Medicare beneficiary in California in embraced the plan after they learned and the President’s proposal is $4 a the year 2002. Our plans to balance the the facts, 86 percent believed that the month, $4 a month in the year 2002. Federal budget in 7 years anticipate President and Congress should deal That is what the President calls an ex- that we will spend over $50,000 per Med- with the budget issue now. That is the treme, unacceptable cut. Of course, the icare beneficiary in California over the language of the short-term congres- flip side of that is to make American next 7 years. That is what the Presi- sional, the continuing resolution that workers, including minimum-wage dent apparently feels is extreme and expires next Friday. We said ‘‘shall,’’ workers, pay even more taxes so that unacceptable. not ‘‘maybe,’’ not ‘‘if.’’ We said, ‘‘We Medicare part B recipients do not have Mr. Speaker, I yield to the gentle- shall deal with the budget now.’’ to pay a slight increase in premiums. woman from California [Mrs. Seventy-one percent of the people Mr. Speaker, it just astounds me, SEASTRAND]. surveyed agreed that President Clinton again, the cynicism and hypocrisy that Mrs. SEASTRAND. Mr. Speaker, I should submit a 7-year balanced budget we see, and the evolution here of the thank the gentleman from California plan scored by the nonpartisan Con- President’s position over the last cou- for yielding to me. gressional Budget Office, as he himself ple of years. Medicare spending never Mr. Speaker, it is interesting to note, once promised to do in a State of the differs more than 2 percent under the and the gentleman probably saw this Union address, standing at that podium two plans, and in two of the next 7 article of November 29 of U.S.A. Today, right there behind me. My, what a dif- years our Republican balanced budget it stated what life would be like in the ference an election makes, and the hy- actually spends more on medical care year 2002 with a balanced budget. I was pocrisy quotient begins to go up again. than the President’s budget. Overall, pleased to see that they agree with us. Seventy-three percent of the people the difference in total Medicare spend- It means a larger economy, $150 billion surveyed agreed that the President and ing between the two plans is $32 billion more in goods and services, lower in- Congress will not balance the budget or 1.9 percent. terest rates, 30-year fixed-rate mort- unless they stick to the 7-year dead- The other program the President sin- gages below 5 percent, lower inflation, line. Again, that is from the largest gled out was Medicaid. Yes, we will no higher incomes, no trade deficit, a public opinion survey ever taken in the longer allow Medicaid to be an individ- stronger dollar; but they have a ‘‘but’’ history of our country. So I wanted to ual entitlement, a universal individual here, and it says ‘‘cuts Federal spend- try and stress a couple of those points. entitlement. We make it, instead, a ing.’’ December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14225 I do not know if the gentleman from year 2002, which is an increase, an in- Let us look at a house in Santa Bar- California hears from our constituents crease. I am an old fourth grade school bara. This might be unbelievable to like I do, but that is why they sent us teacher, so when I see increase, that some people across America, but in the here. They know the Federal Govern- means a plus sign. I know it is very dif- county of Santa Barbara, the average ment has to go on a diet. They want us ficult for some people to understand home sells for $225,000. Now, if they to cut spending. They said also that the simple plus and minus, but we are were to get a 30-year loan, we are talk- there would be cuts, and they use that going to increase it, increase spending ing about a savings, with a 2 percent word cuts. They are talking about Med- in California with Federal dollars by 22 drop in interest rates, a savings of icare. We know that we are not cutting percent. $111,000 over the life of that loan. Medicare, as you just pointed out, we Over the past 7 years the Federal Now, I do not know about you, but are going to increase the dollars there. Government’s spending in California again, it means something to my 23- We are slowing the rate of growth. was $1.1 trillion. Under our Republican and 25-year-old children when they are I find it interesting. Last night I had plan that unfortunately was vetoed by thinking of buying that home and a phone call. I was working in my of- the President, total Federal spending starting their families. fice quite late and did the answering of in California would have been $1.46 tril- In San Luis Obispo County, the other my phones. People are always amazed lion, an increase of 31 percent. Again, county in my district, the average back home that I am answering the we are talking about a plus, not a home in 1995 was $163,000. Well, again phone and working late hours. It was minus sign. Social Security payments with that drop of 2-percent reduction interesting, because the gentleman was to Californians would increase by $15.9 in mortgage rates, if we have that bal- concerned about balancing the budget billion over the next 7 years. Federal anced budget in 7 years, using those and concerned about cutting Govern- welfare spending would increase by $40 honest numbers, we are going to see ment. I pointed out to him, did he real- billion in the State of California over that we are going to save those work- ize that we were increasing, under our the next 7 years; the Medicare pay- ing families again, 23-, 25-year-olds budget, the Republican budget for the ments also, $9.2 billion over the next 7 that want to buy a home, they are next 7 years, we were increasing spend- hears, and Medicaid payments, giving going to save $100,000. Now, that is not ing from well over $9.5 trillion to 12, more control to the State, and yet we just a dollar here or there; this is real and we are increasing it by $2.5 trillion. are going to increase those Federal dol- money. When they are told this fact, people lars by $3.4 billion over the next 7 It is interesting to note also, my son just stop dead in their tracks and say, years. unfortunately had his car stolen, and ‘‘Why are you not doing a better job of What I am saying is we are increas- he is now in the situation where he has cutting Government spending?’’ ing dollars. We cannot be talking about to figure out how he is going to get a Mr. RIGGS. They also say, I might cuts. We are slowing that rate of loan to buy another car and so on. A 4- point out, ‘‘Why are you not doing a growth. We are trying to put the Fed- year car loan, $15,000. Well, if you have better job of getting your message eral Government on a diet and yet do a 2-percent drop in interest rates, he out?’’ on that point, and that is why we the job by taking regulations, bureauc- can save $900. Let me tell you, that is are doing the special order here to- racies, out of the system. important to him. night. As a former State legislator in the My daughter is graduating, and she is Mrs. SEASTRAND. That is why we State of California, I know what it was looking to go on to a master’s, and say- are here, to try to get the message out like to be told that you had to have a ing, Mom, I think I might do it on my to the hinterlands and California about mandate, you had to do it the Washing- own and look for some student loans. what our plan is all about. I am doing ton bureaucrat way, and they treated Well, again, a 10-year student loan, so my very best, as my colleagues are, to us so often as if we did not have any important to my University of Santa get our message out about how good sense, common sense; we did not have Barbara and my Cal Poly students in our plan is for America. integrity at the State level, we had no San Luis Obispo. If they apply and re- I think it is important to share the compassion at the State level. I think ceive a 10-year loan of say $11,000, they information about the good old State what I saw, my colleagues on both are going to save $2,160 over the life of of California. We have been hit very sides of the aisle, be they Republican that loan. hard these last several years. We know or Democrat, they were concerned So all in all, this means so much that about the moving vans leaving Califor- about their constituents. we push on; and unfortunately, our nia for other points, other States. We Balanced Budget Act of 1995 was vetoed b do not like that idea. We like people to 1800 by the President, and I am just hoping stay in California. Mrs. SEASTRAND. So I just would that as we move forward, we can con- I have two children, 23 and 25, and like to give greater control to our tinue to work for a balanced budget in they are now at the beginning of their States and the State of California and the 7 years, with honest numbers work- careers. They are looking for a place, see that we have a better future for the ing with the Congressional Budget Of- and they want to stay in the good old State of California. fice. Golden State of California. They are I would just like to add that a drop of Folks at home understand how we concerned about what this means in 2 percent in interest rates with the bal- play funny games here in Washington, their life: Are they going to be able to anced budget over the next 7 years DC, and they know about the numbers get a job in California? Are they going would mean 97,000 new private sector and how we can take a zero here and to be able to buy that dream home that jobs in California. I know the gen- move things around. They want honest they are dreaming about with that spe- tleman from California [Mr. RIGGS] is numbers. My calls over the last several cial someone that they hope to marry? facing tough times in his district to weeks, well over 1,000 phone calls, say- Will they be able to have their children the north of San Francisco on the ing, hang in there, hang in there for a here and have a good life for their fam- coastline, and I am too on the central balanced budget in 7 years; I know I am ily? coast of California. going to have to feel a little pain; do it I just would like to stress that under We have been hit very hard with de- across the board, and let us balance our plan, all of this over the next 7 fense closure. We are trying our very this budget for our children and grand- years, it would give each and every one best to commercialize the spaceport at children. of them, not only my children but Vandenberg Air Force Base; we are try- So I just appreciate the gentleman other people’s children, the hope that ing to think of new ways for high-tech from California letting me join him it is good to stay in California and jobs. this evening to try and explain and get things will turn in America. But this means so much about what a our message out about what this bal- I would just like to say that under balanced budget would mean to the anced budget means to people not only the Republican balanced budget plan, State of California. It is going to re- in the State of California, not only to the Federal spending for our home duce taxes of working families in Cali- my children, not only to my 83-year- State will increase from $177 billion in fornia by $23.8 billion over the next 7 old mom who depends on Medicare, but the fiscal year 1995 to $215 billion in the years. what it means to the folks across H 14226 CONGRESSIONAL RECORD — HOUSE December 7, 1995 America, those hard-working folks I came from that background. So I am generated by the Office of Management that want a better tomorrow. very concerned that we do give tax re- and Budget in the White House. Mr. RIGGS. Well, I very much appre- lief to the working families. Well, Mr. President and my col- ciate the gentlewoman’s comments. I I would just like to point out that 75 leagues, we know that is a nonstarter, want to stress a couple of points that percent of our family tax credits are we know that kind of proposal is dead the gentlewoman made. going to go to families earning less on arrival here on Capitol Hill. We First of all, I want to make sure ev- than $75,000. Now, in today’s world, know that the President earlier gave eryone understands again that the $75,000, you are not rich at $75,000; and us a vague outline of a balanced budget principal form of tax relief that we being a teacher by profession, Mr. plan, 22 pages, and it was based on want to give to families is a $500 credit, Speaker, today you can have two those same OMB estimates, and when child credit, and this is a tax credit, it teachers in the family working and you we handed that to the nonpartisan is not a deduction, so it comes right off are lucky if you can make $75,000. But Congressional Budget Office for scor- that bottom line on your tax return, we are talking about $50,000 to $75,000 ing. This is his plan that had deficits in your ultimate Federal tax liability, for perhaps two teachers in the house- the range of $200 billion well into the calculated after any other deductions. hold working full time. next century. When we gave that to the The gentlewoman made a very good The other point I wanted to make, 90 nonpartisan Congressional Budget Of- point, that the $500-per-child tax credit percent of the tax credit going to fami- fice, they said, the plan in fact never means a $1,000 tax break for a family of lies, what we are proposing, would go balanced and would add almost an ad- four, each and every year until those to families earning less than $100,000. ditional $1 trillion on top of our na- children become adults, and that is to So we want to take care of the working tional debt of $5 trillion. say until they turn 18. Furthermore, families, because they know best what the gentlewoman made an excellent they are going to do when they sit So again, I want to thank my col- point that with the reduction in inter- around that kitchen table and figure league for joining me, and I want to est rates to be brought about by our out their priorities every month, or close our special order and my remarks plan, and let us be clear about one every 2 weeks, as it was in our family with a letter that I recently received thing and that is that interest rates instance. from a friend and constituent back have been steadily coming down since It was one of those situations that home, because I think it is so rep- last, really since last November, and they know how to deal with best. Are resentative of the mail and the calls the election of the Republican major- we going to buy that coat, or are we that so many of us have gotten in our ity of the Congress, but they have been going to buy the kitchen or the dining office during the last few weeks as this coming down precipitously in recent room, or are we going to forget about budget battle has heated up back here weeks with the expectation of the mar- that and buy those expensive gym in Washington. It is from a gentleman kets that we are going to ultimately shoes that we have to get? Those are by the name of David Rudig, Ukiah, CA reach some sort of agreement regard- the kinds of things that the common in Mendocino County, which is one of ing a 7-year plan to balance the Fed- folks in working America are con- the counties that I represent in north- eral budget. cerned about. west California. He writes: Those interest rate reductions mean, So I wanted to point out that what I Dear Frank, Just a short note to say ‘‘hey’’ as the gentlewoman so well pointed was supporting and what you are sup- and that all of us are keeping an eye on out, that all Americans will benefit porting is not for giving tax credits to things in Washington. I called your office at from our balanced budget plan. All the rich. We are talking about good old the beginning of the government shutdown Americans will pay less in interest on folks across America that are probably to express support for the Republican effort their home loans, their home mort- doing two jobs, three jobs, and trying to pass a balanced budget and reductions in gages; student loans is another exam- to figure out how they are going to sur- government spending. The man who an- vive the next day. swered the phone in your office was almost ple, car loans, and right down the list. surprised to get the call. It just basically means that any bor- Mr. RIGGS. Well, the gentlewoman makes again a very good point when My wife went the same day and changed rowing will be less expensive; that we her voter registration to Republican. When I will be able to give the American peo- she talks about most of the tax relief going to families in an income range of asked why, she just said, ‘‘Because of the ple some immediate tax relief as well President.’’ Ditto for my oldest daughter. as give the economy a real shot in the $50,000 to $75,000. She is describing mid- dle-class families. Certainly, by the I took the liberty of sending you a picture arm. of my grandson in this ‘‘package.’’ There is nothing that will stimulate congressional districts that the gentle- the economy and job creation in the woman from California [Mr. Right here is David’s grandson, and private sector faster, of course, than SEASTRAND] and I represent in Califor- there is a little note on it; it says: bringing down interest rates and bring- nia, $50,000 to $75,000 is very much mid- ‘‘Hi, my name is Patrick,’’ here is a ing down taxes, as we also propose to dle class by the standards of our con- note. do, for businesses through a reduction gressional district, and that again is ‘‘Hi, my name is Patrick. Unless you in long-term capital gains. where we target most of our tax relief. change things in Washington, I will Mrs. SEASTRAND. Will the gen- Those are the families who most need owe 82 percent of all of the money that tleman yield? help again, most need relief from this I will ever earn to the Federal Govern- Mr. RIGGS. Of course. pinch of rising taxes at the Federal, ment. Please help me.’’ This is based Mrs. SEASTRAND. Mr. Speaker, it is State, and local levels and stagnant or on the Federal budget, the year he was interesting because so often we are told even declining wages in recent years. born. So he says— we have the tax cuts and we are giving I just want to point out that the them for the rich. I just want to point President, after vetoing the balanced I took the liberty of sending you a picture out my background. My daddy was a budget plan, has said he is now going of my grandson in this package. There is a bus driver in the city of Chicago, a to send us at long last, after 2 years quote on it. Please, if possible, put it on your and 11 months, he is going to send us desk and look at it each day. I got into this union man. My mom was a part-time whole thing after he was born and I realized office worker at the time, 1950’s. I was his own specific balanced budget plan, that unless I did something, I was not going a latchkey child and did not know it at but now he insists on using, despite his to leave him a very good place to live in the time. We have an unfortunate habit commitment in signing the short-term after I was gone. Our fight for this budget today of labeling everybody. continuing resolution, despite his re- and the reinventing of government is about But I have worked hard, studied marks 2 years ago in the State of the him and all of the other kids who do not re- hard, and I am privileged to serve in Union addressed about using the Con- alize that they owe 82 percent of everything this House. So I can really relate to gressional Budget Office as the honest that they are ever earn to the Federal Gov- those folks back there saying, oh, well, referee in budget battles between the ernment. That is, unless we change things. is this just one of those people who is legislative branch of Government and He goes on to just include another looking out for the rich. I know what it the executive branch of Government, little article from one of the local is to sit around the kitchen table with despite all of that, he wants to use his newspapers back home, headlined, my family looking to how we are going own Office of Management and Budget ‘‘GOP Child Tax Credit Will Cost $700 to pay for my college tuition and so on. estimates, rosier economic projections, Million to Implement,’’ and he notes December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14227 the irony of this article which says, the under Medicaid, we will see that poor [From the News Observer] IRS claims that it will cost hundreds of families, the elderly, children, particu- MEDICAID CHANGES FRIGHTEN FAMILIES millions of dollars to let families keep larly the disabled indeed will pay great (By John Wagner) more of their own hard-earned money. cost and make substantial sacrifice for Before long, North Carolina lawmakers So the message to David and to con- the benefit of the wealthiest of those, may have to decide whether the state can stituents back home is, be assured, we to do what, to give wealthiest Ameri- continue to care for families like Deborah are going to hang in there, we are cans a tax break. Altice’s the way it does now. fighting the good fight, we are going to Since Altice’s husband was disabled by an When we understand that Medicaid auto accident a decade ago, Medicaid—the do what is right by our children; and really is often the only health care with your support and with, frankly, state-run health program for the poor—has that some of our poorest elderly will paid for his medicine and numberous back the backing of the American people, we have, because Medicare spends out very operations. It has covered doctor’s bills for will prevail in this battle over the next quickly, many of our elderly who need the Zebulon couple’s 9-year-old son and 7- week, or however long it takes, and we long-term health care will not be able year-old daughter. And just last month, Med- will convince the President to do the to get that unless indeed they had Med- icaid paid for the delivery of Altice’s baby boy. right thing and to sign into law a bal- icaid as a part of that. anced 7-year budget. ‘‘We’d be in a pretty desperate situation I thank the Speaker for his indul- The Republicans say that their plan without it,’’ Altice says of Medicaid. ‘‘We’d gence, and I thank my colleague, Con- does not cut Medicaid, that it only have bills coming in, and there’d be no way we could afford to pay them.’’ gresswoman SEASTRAND, for joining me slows the growth by 5 percent. Well, when you examine that growth over a Altice and her family are among tens of for this special order. thousands of poor, disabled and elderly f period of time, Medicaid costs have North Carolinians who have benefited during been going up about 10 percent, in part b the last decade from a dramatic expansion of 1815 because a large number of people are the state’s Medicaid program. MEDICAID eligible for Medicaid. The number of residents eligible for assist- Now, I ask you, if you cut that by 5 ance has tripled since 1985. And spending on The SPEAKER pro tempore. Under a the program has grown even more rapidly— previous order of the House, the gentle- percent, which of those eligible people from about $700 million a decade ago to a woman from North Carolina [Mrs. who now will become eligible do you projected $3.5 billion this year. CLAYTON] is recognized for 60 minutes. say, I no longer serve? They say it is That’s all about to change. Mrs. CLAYTON. Mr. Speaker, the de- not a cut, it is just limiting the Under Congress’ plan to balance the federal bate over the budget reconciliation is growth. Well, if you have 5 percent less budget, North Carolina stands to lose more really about people. We heard the other than you would have before, but yet than a quarter of the Medicaid dollars it had side just talk about the letter they re- you are going to have 10- to 15-percent expected to get from Washington by the year ceived from their constituent and their 2002. By one estimate, only six other states more people, tell me who then indeed would lose a greater percentage of their fed- grandson. It is about people. The rec- will not be served? Who do you choose? eral funds. onciliation is about how we treat peo- How do we make choices between President Clinton has pledged to fight Con- ple, how we will have certain sectors of which American will be served and gress’ cutbacks, but an alternative Medicaid our community to survive and how which American is not served? plan being crafted by the White House curbs others indeed may suffer. It will talk spending significantly as well. If we must make sacrifices, and I As a result, North Carolina lawmakers are about whether we will reward those contend that we must make sacrifices who are the wealthiest in our society bracing for what many fear will be ugly if indeed we are going to have a bal- fights at the General Assembly in coming and what sacrifices all of us must make anced budget, why should that sacrifice years, with advocates for the poor, elderly in order to have a balanced budget. not be a balanced one? The one cer- and disabled all pitted against one another So the balanced budget is not about tainly the Republicans have put forth, to maintain their share of the state’s Medic- programs or not just to balance the particularly on Medicaid, is not that aid spending. budget for balance sake, but it is in- way. ‘‘We’re going to have to make some very deed to balance the budget for the fi- difficult decisions,’’ says state Sen. Roy Coo- nancial security of this country, so it Understand their program well, now. per, a Rocky Mount Democrat. ‘‘It will be a can respond to the future of this coun- This will turn back this program to the huge task, no doubt about it.’’ try as well as respond to the current States as a block grant. Why? They say Cooper is one of a dozen lawmakers as- signed to a study group on Medicaid that is responsibilities of this country. because the States, they are closest to the people and they know best how to scheduled to meet for the first time Tuesday. The question really is, should we The wide-ranging program they’ll begin treat Americans fairly or should we treat the citizens of that State. scrutinizing now serves more than 835,000 treat those who have great influence I share with you, I am a former coun- people—nearly one in seven North Carolina with due deference? Do we treat those ty commissioner and I think I treated residents. Recipients range from poor fami- that are wealthy with new respect or my constituents, and persons I had re- lies like Altice’s to thousands of nursing- should we treat everybody right? sponsibility for very well, chaired my home residents to disabled folks like Dan Should those who have influence and Stanford, who benefits from a program that board and know the responsibilities just started receiving Medicaid funding this who have wealth have the lion’s share that I had as a Chair trying to match year. of the $245 billion worth of tax cuts or the funds of Medicaid. But I can tell A Cary resident, Stanford, 26, is mentally should some of those cuts also be you with no reservation whatsoever, I retarded, autistic, deaf and legally blind. shared by those who make $28,000 or would not have been able to provide Medicaid pays for an around-the-clock as- less? the kind of help that we need at the sistant in his apartment to help him and a Those are the questions I think that local level unless the Federal Govern- roommate with basic living skills such as should be a part of this debate, rather ment was there. getting dressed, making their beds and tak- than trying to rationalize a budget pro- ing medication. Further, I contend there is a respon- The cost to taxpayers for Stanford’s help is posal that balances the budget on the sibility of the American people that about $65,000 a year. backs of the poor, the elderly, stu- the Federal Government has in provid- Stanford’s parents say they’re worried that dents, and the disabled in our commu- ing health care to those who are most the state will no longer be able to afford nity. their son’s services—services that they say We should not put poor families, par- vulnerable. Furthermore, the States have made his life more meaningful. ticularly those who are elderly, chil- are in no position financially to take ‘‘We feel really helpless,’’ says Dan’s fa- dren and the disabled, under great this up. ther, Bill Stanford. ‘‘We’re not very optimis- stress. We should make sure that they People are worried in my State of tic about our chances.’’ have opportunities for the future so North Carolina. I refer, Mr. Speaker, Much of the tremendous growth in North Carolina’s Medicaid spending has been fueled they can be contributing members of and enter into the RECORD a news arti- by actions state lawmakers have taken to the society as anyone else. cle that is from the News Observer this extend coverage to new groups of people. Medicaid emphasizes that perhaps week, which is a local paper in my dis- Before 1988, for example, Medicaid covered better than anything else. If we look trict: pregnant women only if they were on welfare H 14228 CONGRESSIONAL RECORD — HOUSE December 7, 1995 or disabled. Today, all pregnant women in spent, on average, per Medicaid patent has I am a mother of four adult children, families with an income up to almost twice grown more slowly in North Carolina than in also a mother of three grandchildren, the poverty level are eligible for prenatal all but nine other states. and want for them the very prosperity Meanwhile, the number of low-income peo- care and other assistance. that I have been blessed to have. But I The federal government sets general guide- ple in need of medical help in the state con- lines for states’ Medicaid programs and pro- tinues to grow faster than in all but a few also want for those who are disabled vides much of the funding—almost two- other states—and that’s one reason why the same thing I want for my children. thirds of North Carolina’s spending. But North Carolina would get hit so hard under Why should I want any less for my states have had significant latitude to deter- Congress’ plan. children than I would want for the mine who is covered and what benefits they For example, North Carolina’s elderly pop- Altice family, who happen to have a receive. ulation is expected to double by the year 2020. Today, many of the state’s senior citi- disabled husband who is not able to Under the bill passed by Congress, federal work and a 9-year-old son and a 7-year- spending on Medicaid would continue to zens eventually move to nursing home, and grow each year—but not nearly enough to once their savings run out, Medicaid picks old daughter? accommodate all the new people that state up a large part of the cost. Again, indeed if we put the stress In the years ahead, state loanmakers will planners anticipate would qualify for bene- that is imposed, we now must find that have an increasingly difficult task weighing fits under existing criteria. families of senior citizens would be put As a result, North Carolina officials pre- that need against all the services that Med- at liability in securing the cost of a icaid provides to people like Deborah Altice dict that over the next seven years the state and Dan Stanford. nursing home. A nursing home recipi- will be more than $4 billion short of what it ‘‘There will have to be some cuts,’’ says ent who now receives on average about needs to pay the bills of all its Medicaid re- Gov. Jim Hunt. ‘‘The worst thing I could do 72 percent of their care from Medicaid cipients. Other policy analysts think the gap is to give the impression that we can some- would find themselves at a decisive dis- could be even greater. how make this all up. We can’t. But we sure The blow to the state would be relatively advantage. will look at every way we can to try to ease soft at first, but grow increasingly painful Medicaid is an important program, a this burden and be fair to our people.’’ over the next six years. very, very important program. It pro- Some legislators, such as Cooper, say they Mrs. CLAYTON. This article says, vides the only health care for poor fam- are open to spending more state money to and I quote from that, Deborah Altice, ilies. Some 36 million families, includ- make up for the drop-off in federal funds. the wife of a disabled husband who has ing women, children, the elderly and But given the magnitude of cutbacks being both a 9-year-old son and 7-year-old the disabled only know of their health talked about in Washington, few people be- daughter, and she says, ‘‘I don’t know lieve it will be realistic for the state to care coming from Medicaid. what I would do without Medicaid. I On the block grant to States, it says bridge the entire gap. don’t know. My husband’s been now At this point, no one can say for sure how that we will make an entitlement to much money state lawmakers will have to disabled for almost 10 years.’’ And Med- States but not an entitlement to those work with, where they’ll try to constrain icaid has taken care of her husband’s 36 million people. What is this Govern- spending—or who will be hurt most by their operation, provides for her 9-year-old ment about? ‘‘We the people’’ means actions. son and her 7-year-old daughter. She what? To the State, to us, as I was in ‘‘What’s seems certain is there’s going to says we would be devastated, indeed, if the local government? It really means be less money, and something has to give,’’ we did not have Medicaid. that we should be about serving the says Craig Souza, a lobbyist for the nursing- This is about people, not really about people well, all of the people, not just home industry. numbers. We may sound pious up here, some, all of the people. As they look for ways to hold down spend- as if we have some theory that is going ing, legislators will have relatively few The block grant will end that entitle- strategies to pursue, none of them attrac- to save America, but at the sacrifice of ment to those who are now eligible tive. people and particularly those who are under that. Here are some options they are likely to the most vulnerable in our society. This is the wrong way to go. The Again if the Republican plan was consider: Government needs to keep this entitle- Backtracking on expansions in eligibility passed as they had proposed, in my ment. There are some programs the that they approved in recent years. State alone by the year 2002 they would Government should, indeed only the Those decisions will be especially difficult have lost one-fourth of the Medicaid Federal Government is in the position because, in many cases, the wider coverage dollars that they were expected to re- has produced measurable gains in health to make that kind of financial commit- ceive. Again, one might say, well, that care. North Carolina’s infant mortality rate ment. To turn this back to the States is not a reduction. That is simply lim- was among the worst in the nation in 1988. under some disguise of flexibility or But it has dropped considerably since law- iting the growth. Well, I would have you understand trusting the State is doing the State a makers made it easier for low-income women disservice. to get prenatal care through Medicaid. how the growth has occurred in my Also, North Carolina has only recently ex- State. Again referring to the same I can tell you in North Carolina they tended benefits to some groups that other news article, the growth in my State, will not be able to make up that gap. I states covered long ago. In 1994, for example, it has grown in terms of percentage, it have county commissioners now won- the legislature voted to offer Medicaid cov- has grown from 1991 to 1995 by some 14 dering will they have to raise their erage to recipients of Supplemental Security percent in the eligibility. property taxes in order to make up Income, a federal program that provides that deficit that will surely occur if monthly payments to low-income elderly, Now you say you cut this by 5 per- cent, and this is not a cut. Excuse me? the plan indeed is anywhere like the blind and disabled people. Most states have plan that the President has just ve- been doing that since the mid-1970s. Who is not understanding the realities Lowering the state’s payments to medical or the consequences of our action? toed. I say the President should have providers. Whether you meant that or not, what vetoed it, because he understood the In many cases, that strategy poses risks. will happen to this family? It would American family would be put at great The state’s nursing homes, for example, mean, if not this family, perhaps an- disadvantage and insecurity finan- relay on Medicaid payments for 73 percent other family would not have that op- cially if indeed that plan had gone their revenue. Souza, the industry lobbyists, portunity for health care. forth. says most homes would be forced to cut staff Again under the proposed plan which Let me just share in terms of the if the state reduces the amount it gives them costs of Medicaid. Where do those dol- to care for Medicaid patients. And critics say the President vetoed yesterday, we most nursing homes already are would have seen that families of nurs- lars go? We think of Medicaid, and I understaffed. ing home patients would be put under have said and I will say it again, that Pushing more of the poor into managed- great stress because they now must in- Medicaid is the only program that care programs, which limit their choice of deed find how do they make up that av- many poor and poor families will re- doctors. erage cost of a nursing home, which ceive. In North Carolina, while poor The state has had a small managed-care costs some $38,000 in America and families and their children account for program since 1986. Analysts say expanding about $32,000 in my State. Working almost two-thirds of the people eligible it would save some money. But the biggest factor behind the state’s skyrocketing Med- families in my State, those who must for Medicaid, they receive only about icaid spending has not been the rising cost of contend with raising their children, one-third of the State’s Medicaid dol- care, but the number of new people eligible who again the Republicans pay great lars. Care for the elderly and the dis- for coverage. In fact, since 1988, the money homage to. abled tends to be more expensive. December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14229 So indeed Medicaid is not only for There has been a lot of misperception First, in comparing the current situ- the poor, it is for the elderly as well as about what exactly is in the budget ation in Sarajevo to World War I, for those who are disabled. To cut this that Congress has passed. But let me President Clinton said, ‘‘We must never program drastically or to put families give you the facts. go down the road of isolationism of nursing home patients in distress or In 1995, we spend for Medicare $178 again.’’ Now to argue that if we do not to block-grant this program is the billion. This will go up every year for put troops on the ground into Bosnia wrong way. the next 7 years, so that by the year will lead to United States isolationism Mr. Speaker, I started my remarks 2002 we will spend $290 billion for Medi- ignores the facts. The United States is earlier to say that this debate was care. This is an increase by anyone’s robustly internationalist today as com- about people. It was about those we calculations. pared to the Smooth-Hawley days of cared about, and it was about shared In the last 7 years, we have spent $926 protectionism. Look at United States sacrifice. billion on Medicare. In the next 7 involvement in GATT, United States I will end my remarks to say again, years, we will spend $1.6 trillion. This involvement in NAFTA, the $20 billion as we go into the next 5, 6, or 10 days, is at twice the rate of inflation. Mexico bailout or the Asia Pacific Eco- this debate, particularly around Medic- Just a couple of years ago, President nomic Cooperation Forum. Indeed, aid, I urge my colleagues to consider Clinton, in speaking to the country many would argue that the United the opportunity they have to make about his health care plan at that States has been too internationalist in this program work. time, said anything goes up at twice areas such as the 1993 Somalia fiasco or Let me just further say, we ought to the rate of inflation is not a cut. Lebanon in 1982. spend our money wisely even under b 1830 Was the United States not involved Medicaid. There is a lot of demagogery in Grenada in 1983, in Panama in 1989, that goes on on this floor about teen- Let us look at some other areas. and in the Persian Gulf in 1991? How age pregnancy, a lot of demagogery Medicaid, 1995, we have spent $90 bil- can one talk about isolationism when about we cannot sustain a continu- lion. This will increase every year for we have troops in Haiti? ation of 10- and 12- and 15-year-old kids the next 7 years so that by the year Second, President Clinton invoked having children. I agree with that. We 2002 we will be spending $127 billion. In the moral imperative; sending United should. Demagogery is so easy, but ac- the last 7 years, for Medicaid, we have States troops to Bosnia is ‘‘the right tually coming to a solution or having a spent $444 billion, and we propose in- thing to do.’’ It is true that for 3 years reasonable plan is far more difficult. creasing that to $770 billion in the next atrocities have been committed by One way we could begin to think of 7 years. That is an increase of $330 bil- both sides in a terrible civil war. Tele- this is using the Medicaid dollars to as- lion. vision has brought these horrors into sist teenagers before they get pregnant SHOULD WE SEND TROOPS TO BOSNIA? our living rooms just as it brought the and prevention of pregnancy, teaching But let me get to the second issue, them counseling and a variety of ac- horrors of Vietnam into our homes 25 the issue of Bosnia. Let me begin with years ago. Our hearts go out to the vic- tivities and techniques that are proven. the basic issue. Should we or should we If we enact it, we could use just a little tims, and compassion cries out for ac- not put United States troops into tion. Yet, wise leadership calls for of the Medicaid dollars and that could Bosnia? Let us look at the various ar- go a substantial way to reducing the more than compassion in a world torn guments President Clinton has laid be- by strife in a dozen or more places Medicaid dollars we are now using. fore the public and why I believe they One could use $1,000 in prevention around the Earth. are flawed. and possibly save $10,000 in the care. What is the difference between I have given the President the benefit Prevention and preventing pregnancy, Bosnia and Rwanda, Bosnia and Liberia of the doubt. I have listened carefully unwanted pregnancy, particularly in or the Sudan, Bosnia and Peru, Bosnia to United States negotiators, Richard teenagers, would mean not only that and Sri Lanka? Holbrooke and General Clark, and have young teenager whose life is no longer I was recently in Guatemala, where discussed this issue with several Con- productive, contributing to society, an insurrection has gone on for years. gressmen who have just returned from but also perhaps a troubled birth which There are victims in all of these places Bosnia. I am indebted to Charles would cause the Government to pay. that tug at our hearts. How do we de- We pay for that teenager, mind you. Krauthammer’s testimony on Bosnia cide where to put American troops at Once she becomes pregnant, we will recently before the House Committee risk? pay as much probably as $10,000. In- on National Security, and to Michael I believe that the American people deed, if that young teenager has a trou- Glenon’s article on foreign affairs a few support the use of troops overseas for bled pregnancy where the young baby years ago on the role of Congress and very specific purposes only, to honor is not safe or underweight, that could war. Despite Mr. Holbrooke’s protesta- our treaties, to protect the lives of be in thousands and tens of thousands tions, the deal calls for Bosnia and Americans overseas, to defend our of dollars. It makes no sense. It is un- Herzegovina to be partitioned by a 2- country, and to protect our national wise. mile wide demilitarized zone, a DMZ security and interests. We should use our money wisely and that NATO will patrol. There will be a This brings us to the third part of use our money fairly. This debate Croat-Moslem coalition and a Serb re- President Clinton’s argument, ‘‘Gen- about Medicaid is about what priorities public with a weak central government erations of Americans have understood we will set as a governing body and as for show. that Europe’s freedom and stability is a Congress as we meet this debate. I The NATO troops can kill anyone vital to our own national security. urge my colleagues to go forth in this who stands in the way of separation or That is why we fought two wars in Eu- but go forth with this in a reasonable is presumed to constitute a threat. Ap- rope.’’ Basically, President Clinton is way. proximately 60,000 troops, one-third resurrecting the domino theory for the f English, one-third French, and one- Balkans. third United States troops, will be on I ask, what evidence is there for the BOSNIA AND THE BUDGET the ground. As many as 37,000 United spread of this war? This civil war has The SPEAKER pro tempore. Under a States troops may ultimately be in- been going on for 3 years, and there is previous order of the House, the gen- volved, and American reservists will be no evidence for its spread. This is not tleman from Iowa [Mr. GANSKE] is rec- part of the operation, including some 1914. The situation is totally different. ognized for 60 minutes. from my home State of Iowa. Up to There is no European interest in the Mr. GANSKE. Mr. Speaker, we are one-third of current NATO forces may Balkans other than the major powers facing today debate on two big issues, be committed to this venture. staying out of a confrontation with the two B’s, the two great B’s, the Let us examine the reasons that each other. budget and Bosnia. Since we have had President Clinton, in his speech to the Fourth, the President says, ‘‘As some debate tonight on the budget, let American people, gave for putting the NATO’s leader and the primary broker me just spend a few minutes before I lives of American troops into harm’s of the peace agreement, the United move on to the second B, Bosnia. way. States must be an essential part of the H 14230 CONGRESSIONAL RECORD — HOUSE December 7, 1995 mission.’’ Inherent in the President’s of the main occupying force has ar- details of the plan are suspect, where a argument is the rationalization that rived. Will the U.S. troops play local time-limited cease-fire is likely to re- the United States has an obligation to cop? I ask this question because during sume into full-fledged war once our assist its NATO allies whose troops are the occupation of Haiti a year ago troops are gone and where there is no already on the ground. I think this is American soldiers had to stand back clear-cut U.S. interest is just plain dubious reasoning. and watch while thugs beat up local wrong. My constituents have told me, In the first place, the United States citizens. Will our troops in Bosnia be ‘‘Stop don’t do this. Do not send Amer- has no NATO treaty commitments to forced to watch atrocities just outside ican troops on a mission they can’t policing a civil war in the Balkans. the DMZ line that they are guarding? win, for reasons we don’t understand.’’ Second, Gen. John Shalikashvili, If the participants want peace, why b 1845 Chairman of the Joint Chiefs of Staffs, do we need to send an armored divi- Vietnam veteran James Smith re- concedes that from a purely military sion? The answer, of course, is that as cently wrote about his son, who was standpoint the West European nations Assistant Secretary of State Holbrooke killed in Somalia: could undertake the Bosnian mission has admitted that arms had to be As my sacrifice was wasted in Vietnam and on their own. twisted to get the agreement signed by my son’s sacrifice was wasted in Somalia, Third, going forward with deploy- the Bosnians and the Serbs. Recent will there be more wasted sacrifices in ment could actually be worse to NATO news reports document that the parties Bosnia? This old soldier is not convinced. I than the damage of nondeployment. to this agreement are not very happy cannot support sending troops to Bosnia. Krauthammer argues that deployment with the territorial provisions, and as This Congressman has similar con- could result in one or two humilia- Mr. Krauthammer has said so force- cerns. I beg the House leadership to tions; first a humiliating retreat, as in fully, if you are unhappy with the im- give this Congress the right to vote on the case of Somalia and Lebanon, in posed peace, there is nothing like blow- a resolution that would stop the de- which our allies were left high and dry; ing up 241 Marines or killing 18 U.S. ployment of U.S. troops now, and I beg or, second, we go in and then persist in Rangers to make your point. Killing the President to reconsider his deci- a thankless, unwinnable, and costly op- Americans is a faster way to victory sion. It is not too late. eration that erodes the solidarity of than killing your traditional enemy. Throughout this debate we will hear the alliance. This brings us to the question: What many arguments for the need to sup- More than 200 U.N. troops have al- role should Congress play in the Bosnia port our troops. Let me be clear that I ready been killed in Bosnia. U.S. gen- problem? Without getting into a long share this commitment that every erals warn that there will be casual- discussion of the constitutional law Member of this body has toward the ties. When U.S. body bags start coming and the War Powers Act, it is clear young men and women who will risk home and television interviews Amer- that the Founding Fathers were fearful their lives to defend our freedoms. This ican amputees, where will the support that the executive branch is most in- weekend I will be in Bosnia with a con- be in the United States for NATO? terested in war and most prone to it. gressional delegation, and as a physi- The motives of the Bosnian accord This is why the Constitution invests cian who is in the Army reserve medi- are morally worthy. Who could not the war powers with Congress. cal corps, I will be especially interested help but want to bring peace to those Jefferson, in a letter to Madison, in the military medical preparations. suffering war victims? Yet, as a politi- wrote, ‘‘We have already given an ex- If United States troops do end up in cal leader and as the Commander in ample of one effectual check to the dog Bosnia, I want to know how to best Chief, the President has a responsibil- of war by transferring the power of let- support them. But let me also be clear, ity not just to try to do good but also ting him loose from the executive to that on the basis of my current knowl- to have undertaken a mission that has the legislative body, from those who edge, I believe that we can support our a reasonable chance of success. By all are to spend to those who are to pay.’’ troops best by not sending them to Bosnia. This mission is simply breath- reports, enforcing this agreement is One obvious advantage Congress brings ing space before the next round in going to be a tactical nightmare. to the decision whether to participate fighting. Congress should do all it can I recently spoke to a United States in these warlike endeavors is that Con- to stop this action. At the end of the Senator who served in Vietnam and is gress represents the diversity of opin- day, it is not that Americans cannot just back from a fact-finding mission ion of the country. tolerate casualties. It is that Ameri- in Bosnia. He described the mountain- President Lincoln knew the value of cans do not tolerate casualties for ous, forested terrain as some of the diverse opinion and legislative delib- nothing. most difficult to fight in that he is eration. He said, ‘‘In a certain sense With that, I would yield to the gen- seen. The difficult terrain will negate a and to a certain extent, the President tlewoman from Idaho. lot of the technological advantage that is the representative of the people. He Mrs. CHENOWETH. I thank the gen- our forces have. Our equipment will be is elected by them, as well as Congress tleman for yielding. I appreciate his too heavy for most of the roads and is. But can he, in the nature of things, good comments, and I look forward to bridges. Winter weather conditions will know the wants of the people as well as joining the gentleman and some other complicate air superiority, and there 300 other men coming from all the var- of the Members in our trip to Bosnia to are an estimated 6 million unmarked ious localities of the Nation? If so, look at the situation firsthand this land mines. where is the propriety of having a Con- weekend. I think that it is so incred- This map of Bosnia illustrates sev- gress?’’ ibly important to be able to see what eral areas that are problematic. The Mr. Speaker, the wiser course of ac- our troops are going to be going red line represents the demilitarized tion is not to put American troops on through and to be able to visit with our zone. We have several areas here that the ground. What we should do is lift troops in Frankfort, not only to en- are worrisome. We have an area, the arms embargo. courage our troops, but also to be Gorazde, which is primarily Moslem. The Secretary of State has said re- meeting with the heads of State of the This is totally surrounded by Serb ter- cently that we will arm the Bosnians, warring factions. ritory, and yet we have created a cor- if necessary, but we hope it is not nec- Mr. Speaker, I am of firm belief that ridor in which there supposedly will be essary. Well, Mr. Speaker, it probably the President in this case is not using no Serbian arms. will be necessary, and we will then be the constitutional authority given to Another problem area will be the viewed as taking sides. We already are him and is abusing the power that was narrow corridor up by Brcko. not viewed as neutral by the Bosnian given to him by the Constitution. I Another area of great concern is the Serbs, but we also do not have troops have asked over and over and over area surrounding Sarajevo controlled at risk right now. again to have constitutional scholars by the Serbs, none of whom are happy In summary, Mr. Speaker, while our show me where the President has the with this agreement. motives are good, I fear that putting authority to commit military troops to The hair-trigger task of separating American troops on the ground in the the mission that he has in Bosnia. I the warring parties is supposed to take middle of a civil war, where ethnic cannot find anyone who can show me, place in the first 30 days, before most hatreds run deep, where the technical outside of case law, and very vague December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14231 case law, not on point to what the you live in, and knowing that as a through Rossevelt’s second term, was President has declared to be our mis- healer of people, you, like all of us here March 4, on March 3, 1801, when Haiti, sion in Bosnia, which is, interestingly on both sides of the aisle, of every ideo- by the way, it was then called Santa enough, not to keep the peace, because logical persuasion, are terrified of how Dominique, was exploding in blood- there has not been peace there since quickly this could take a bad turn, not shed, a result of the French reign of before the Roman Empire, when the even any worse than the streets of terror, had now come to Haiti, where Romans were trying to maintain peace Mogadishu, 19 young men dead, and an- the slaves killed every single European in that area. But we will be enforcing other 90 carrying wounds, some more heritage person on the whole island of the peace by the President’s own severe than others, the rest of their Hispaniola. That includes what is words. life. today called Santa Domingo, the Do- Now, you cannot enforce the peace This is a wonderful opportunity, dur- minican Republic. While that turmoil without committing war to enforce ing the first massive change of leader- is going on, Thomas Jefferson gets a peace. That is what war is. That is why ship in the House in 40 years, since I law passed the day before he is sworn we are arming our troops to go to was a 21-year-old pilot in the very first in that says in effect, go get the Bar- Bosnia. election of my life, this House has been bary pirates. Nine more public laws, I have been very pleased to listen to controlled by one ideology and one pushing him as it pushed the single Mr. DORNAN from California on many party, and now we get a shift. We have termer that he beat, John Adams, be- of his special order speeches as he com- the Nation’s attention, watching the fore. pares the other commitments by the political process, with this majestic C– So we have got to get this scholar- other NATO nations. I look forward to SPAN broadcast of this, the world’s ship, and that is why I asked HELEN, a colloquy with Mr. DORNAN on the greatest deliberative body, with all due who sat there with you as a freshman other commitments by the other NATO respect to that gorgeous building on on this historic day. On the 53d anni- nations, as well as getting into what the Thames, the mother of par- versary of Pearl Harbor, today is the the President’s authority really is, be- liaments, and we have a chance to edu- 54th, NEWT GINGRICH told you, Dr. cause this President, I maintain, does cate one another. GANSKE of Iowa and HELEN CHENOWETH not have the authority. He is maintain- Now, if there was someone who fell of Idaho, to read the Federalist Papers. ing his leadership by assertion, not by down in the entrance way, and their It made me want to go back and read law, and certainly not by constitu- lips started to turn blue and they had it. Steve Horn, who has joined us, near tional law. a heart attack, there is not much I me in the Long Beach area of Califor- Mr. GANSKE. Mr. Speaker, reclaim- could do except scream for you or Dr. nia, did not have to read it, he teaches ing my time, I would like to followup WELDON or Dr. COBURN and say, ‘‘Come it. He taught it as a professor for years. on the gentlewoman’s comments. here, GREG, what do you do? I will hold Wait until we look tonight briefly at There is precedent over the past 200 people back.’’ the Federalist Papers again. years for the President occasionally But let me tell you what you just HELEN CHENOWETH, would you please doing military exercises, that is, Presi- said. I was only educated about 48 read Alexander Hamilton, another fa- dents have sent forces against the Bar- hours ago. My pal JOHN MCCAIN during ther of our country, and see what he bary pirates. There have been missions the Haiti invasion invoked Thomas Jef- says about the limit on our Chief Exec- sent out with the various expansions of ferson as you just did, starting with utive, because kings in England, and our country. There are quite a few ex- our third President in 1801, his very queens, declared war at will, how we amples. But it seems to me that there first few months in office, that we can wanted to take power away from our does come a time, and there is a line go in some instances, because, look, Chief Executive. that needs to be drawn in the defini- Jefferson did it. Mrs. CHENOWETH. Thank you, Mr. tion of what is a police action and what MCCAIN did it again, our friend JOHN DORNAN. I was very pleased to be able is a very, very significant military ac- MCCAIN, served here honorably for to read the Federalist Papers, and I tion. years, a fine Senator, a western Sen- turn to them often, because in Federal- When we are putting a division of ator, just south of Idaho down there in ist No. 69, Alexander Hamilton did say forces on the ground in the middle of a Arizona, he said again on Brinkley this this: ‘‘The President is to be the Com- civil war in the Balkans, when we are weekend, ‘‘Look what Jefferson did mander in Chief of the Army and Navy talking about 37,000 American troops with the Barbary pirates.’’ of the United States. In this respect, involved, this is not a small operation. That is not only bad history; it is so his authority would be nominally the I believe it was clearly the intent of wrong it is frightening. A scholar with same with that of the king of Great the Founding Fathers that in some- a published book on Presidential war Britain, but in substance much inferior thing of this magnitude, it was inher- power that anybody can get from the to it. It would amount to nothing more ent in the Constitution, which gives Library of Congress, this one is printed than the supreme command and direc- Congress the right to declare war, the by the University of Kansas in Law- tion of the military and naval forces as dominant position in terms of deciding rence, Lewis Fisher, brings me over his first the general and admiral of the whether we send American men and book, this scholar from our Congres- confederacy, while that of the British women overseas into harm’s way. sional Research Service, and gives me a king extends to declaring war and to With that, I will be happy to yield to paper that was dated last year, a year raising and regulating fleets and ar- the distinguished gentleman from Cali- and a half ago, in response to Haiti, mies, all which by the Constitution fornia [Mr. DORNAN], a Vietnam vet- and MCCAIN and others saying well, under consideration would appertain to eran, somebody who has spoken elo- Jefferson did this, and it turns out that the legislature,’’ this body, Mr. DOR- quently on the role of the military, our friend with his big medallion right NAN. who may desire to also further en- up here, Thomas Jefferson, right above Further, Abraham Lincoln, in writ- lighten us on the relationship between the speaker, honored as one of our 23 ing to his law partner in 1837, William Congress and the Executive, who has lawmakers, Jefferson said, ‘‘I can’t do Herndon, wrote this. It is very interest- been through some of the vigorous dis- anything that is offensive or attacking ing. ‘‘The provisions of the Constitu- cussions related to the War Powers Act in nature. I can only respond to an at- tion giving the war making power to and other things, but who also I think tack on the United States and defend Congress was dictated as I understand can significantly add to this discussion it.’’ it by the following reasons: Kings had in terms of some of the technical de- That is pretty vital interest, an at- always been involving and impoverish- tails and what exactly we are getting tack. He said, ‘‘I need help on the Bar- ing their people in wars, pretending into. bary pirates.’’ generally, if not always, that the good Mr. DORNAN. Dr. GANSKE, I appre- The House of Representatives not of the people was the object. This our ciate your yielding to me. I enjoyed only passed resolutions; they turned it Convention understood to be the most getting to know you at a dinner in into public law, and one of them was oppressive of all kingly oppressions, your district and seeing that beautiful the very day before Jefferson was inau- and they resolved to frame the Con- great turn-of-the-century house that gurated, in those days, right up stitution so that no one should hold H 14232 CONGRESSIONAL RECORD — HOUSE December 7, 1995 the power of bringing that oppression division patch here. Of course, we sup- was the case in his time, he went to upon us.’’ port the troops. God love them. Congress and Congress gave that au- Mr. DORNAN. Mr. GANSKE, I find But here is my example. Suppose to- thority. That also happened with that that oppression is being brought morrow President Clinton said, I can- Adams. And as the gentleman says, upon us by a man who would deem to not stand the pictures of any more of when Jefferson got in, he convened his be king. these little beautiful black babies cabinet and listened to the arguments. Mr. GANSKE. If the gentlewoman dying in Rwanda. We have to go in Some of them wanted to give him would yield, I think this shows the es- there with force to protect the dis- more, quote, inherent power. Now, that sential wisdom of the Founding Fa- tribution of food. And, by the way, So- game has been played by a lot of 20th thers, because they understood that it malia haunts me. I should not have century Presidents who say I have in- is a lot easier to get involved in wars been so weak over 19 deaths. This is a herent power to do thus and so because than it is to get out of wars. They did volunteer army, they are paid to take I am either Chief Executive, or, more not want this power to be concentrated chances. By the way, we hear that. So romantically, I am Commander in in the hands of one individual. Very I am going back into Somalia. And Chief. Utter nonsense. specifically during the constitutional while we are at it, I think I am going When President Truman tried to do debates, they decided to vest that au- to reinforce Haiti. It is starting to get that by seizing the steel mills in thority in the House of the people, in squirrely there. Aristide is starting to Youngstown Sheet and Tube versus Congress, and over the years this has disappoint me, Bill Clinton, so I am Saywer, even his own friends on the slipped, as has been mentioned. sending the 10th Mountain Division court said, no, you cannot do that, Mr. I think, however, there were some back into Haiti. President. As the gentleman will re- very important lessons that all of us Now, what is the difference, except call, they had a resolution flowing learned about 25 years ago, and that that he is doing it in five places instead through here in no time to draft strik- was that in order to sustain an over- of two? He wants to go back in and re- ers into the military at that time. seas military operation or effort, you inforce Haiti, send the troops to Bosnia Cooler heads prevailed in the Senate. have to have the American people be- by Christmas, and go to Somalia and Interestingly enough the leader of hind you. They have to be committed. Rwanda. And once one person from an that was Senator Taft of Ohio, who was It is like I said before, the American Air Force aircraft was on the ground, a very much disliked by labor at that people, if they know that they are loadmaster putting in supplies for the time because he was the author of the fighting for a cause that is justified by first GI to arrive, we would hear the Taft-Hartley Act. He said, wait a U.S. interests or fulfilling treaty com- cry, support the troops. minute, you just cannot do that. That Is his power, STEVE HORN, utterly un- mitments, can sustain casualties. We is improper conduct. Everybody cooled limited, since there has not been a de- have shown that many times in our Na- down, due to the Senate’s cooling influ- clared war since 1941 tomorrow, on the tion’s history, with some of the highest ences, and we went back to business as 8th? And the one before that was this casualties ever. usual. very day in the Senate on April 7, 1917. It is simply wrong for Presidents to The problem that we have with this Is that it? No more declared wars? Im- current situation is that, quite frank- claim inherent power. That is king perial presidency? John at Runnymede, and that is why ly, the administration has not made Mr. HORN. Well, it is clear the Presi- the barons reigned him in somewhat. the case to the American people that dent does not have that power, and Not necessarily for the people of Eng- we have an overwhelming national in- only a rogue and a scoundrel would let land, but certainly for the barons of terest in this area or that we have a President have that power. And that England. commitments, treaty, contractual is why Congress has to stand up, debate Mr. DORNAN. Mr. HORN, for the commitments, that obligate us to this this one way or the other, and either course of action, or that in the long younger people listening, I digress for by a majority vote give the President something rather wonderful. When I run, after 6 months, 8 months, a year, the authority in a special circumstance got here, in 1977, the British had lent when our forces are gone, that it will or deny the President the authority. us one of the three surviving copies of have made any difference 6 months or a As you suggest, Mr. DORNAN, the bit year afterward. of support our troops and waving it and the Magna Carta from June 1215 at Runnymede. That is about the time the b 1900 saying that supports my policy in X, Y, or Z, is a true refuge for scoundrels and Serbs started fighting the Ottoman Mr. DORNAN. Somalia. a misuse of the Presidency. And, of Serbs. Well, a few years later. And it Mr. GANSKE. Somalia. course, if it goes too far, and they just sat in the center of the rotunda from Mr. DORNAN. And maybe Haiti next run over the Congress, as some Presi- our bicentennial, when I had just won a year. dents have in the last generation, then primary in California, all the way Mr. GANSKE. I think we are seeing a I think somebody needs to get out the through that year, through our Repub- backing away from the current Haiti impeachment resolutions and say, lican caucuses. And then there were administration from a commitment thus, you will not go farther. only 19 in my class, and 19 in HENRY that they had made before. It is very clear in the whole history HYDE’s class before, and we were suffer- Mr. DORNAN. Mr. Speaker, if the of the United States that unless we are ing unfairly. The American people were gentleman would yield for a colloquy. in a defensive mode, where we are at- punishing the Hill for Richard Nixon, Mr. GANSKE. I yield to the gen- tacked and must immediately respond, and not a single Congressman or Sen- tleman. the President needs to consult the Con- ator had a scintilla of guilt on what Mr. DORNAN. I am not a lawyer, but gress. And as the gentleman suggested, came to be called Watergate. I want to ask Professor HORN some- the early precedents are quite clear. But it sat there through my whole thing, and before a lawyer would say, President Washington, who had com- first 6 years. And also, in the old House ah, reductio ad absurdum, sometimes, manded the revolutionary army, and of Representatives, in Statuary Hall, if you step back and carry something knew, as the first President, that what- was Thomas Jefferson’s first original to the absurd, it really clarifies a ever he did was setting precedence for draft, where he had erased things so point. future Presidents, and Jefferson, as the hard, like public property to turn into Suppose, hypothetically, using all gentleman will recall was his Sec- pursuit of happiness, that he wore out the arguments we have heard out of retary of State. the page and glued in a little strip, like the White House, and some very excel- Mr. DORNAN. That is right. I used to do in grade school, and then lent support that they got over the last Mr. HORN. And Adams, who was rewrote on top of it. And when I would couple of days from some of my con- deeply involved in carrying on the fed- walk over to the Senate, I would pass servative friends who have thrown up eralist tradition after Washington, he, Thomas Jefferson’s original draft, in their hands using this phony Vietnam of course, was Vice President under the center of the old House Chamber, line, you have to support the troops, Washington. and just run my hand across the top of We all support the troops. I am still So when Washington wanted to deal the plastic case, and within seconds I wearing my old Ironsides first armored with an Indian tribe situation, which am looking at the Magna Carta. December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14233 When they took it home, they left this will cost a billion. A week ago it not to tell me. But, of course, the the gold reproduction that is still in was 2. Today it is 4. He still thinks he hatreds are there and they are so the Rotunda. We are still learning has $3 billion to burn. There is $7 bil- intermarried for 600 years that if I look things here about the abuse of power lion in defense appropriations for this 1 at somebody and I say, well, this guy and about the quotes that Mrs. year that started October 1 that he has red hair, what, is he Irish? And CHENOWETH was just reading to me over does not want there. If he burned up $7 they say, oh, he is a Moslem. No, sorry, here, and we will get to them later, billion in this operation, he is back to he is Croatian. No, that is right, he is when my hour starts, about our fore- where he wanted the defense appropria- Serbian. And they are all killing one fathers. We throw that off so flippantly tions bill anyway. another based on traditions that are in school, the Founders, and then the Mr. GANSKE. Reclaiming my time, if pathetic. Framers. And trying to be politically the gentleman would allow me, I think I just got informed by our chief of ev- correct, I always try to throw in an the thing that will be on most of our erything here, Ron Lasch, that I had Abigail Adams and the terrific wives constituents’ minds in just a few the misimpression that I have an hour that did not get the vote until 1920, but weeks, unless Congress asserts the au- coming up. they were weighing in with their opin- thority that it should, and that takes b 1915 courage from the Congress to do this, ions, and they were all talking about The gentleman took our second hour, as the gentleman from California was King George III. Excellent Academy and he has got about 15 minutes left, saying, but unless Congress at least has Award movie about him losing his mar- and then I can take a 5. The gentleman a full debate, up or down, should we be bles right in front of everybody’s eyes. from California already had his 5, but there, should we provide funding or But this is not kingly power. HELEN can take a 5, and that is about And, remember, that when all these not, then we will be. And I think what it. great thinkers in the beginning of that will be on our constituents’ minds 2 or I do have something newsworthy and age of enlightenment, at least there 3 weeks from now are the men and earthshaking. This morning I got a call was enlightenment over here and a women in a cold, windy, mountainous, from a friend in New York. They said reign of terror in Paris, they said their dangerous place at Christmas. the National Review magazine, dated concept of a Commander in Chief was And this is a long commitment that Christmas Day, that goes in the mail George Washington; a self-term-limit- we are talking about. The French have because it is fortnightly, tomorrow has ing man, two terms, a man who knew recognized the reality of this situation. an article from an eyewitness at Day- his limitations, and who was such a They have basically said we recognize ton that will absolutely boggle your towering person of character, not with this is not a short-term proposition. mind. It is called ‘‘Yalta in the Bal- the intellectual ability to muse about The disputed areas held by the Serbs kans.’’ things like Benjamin Franklin or all around Sarajevo is a situation He says there was a secret deal. This Thomas Jefferson, but a tall character where the Serbs do not want to leave. is starting to leak out now. I do not be- that presided over the Continental We, the French, understand that this lieve Mr. Warren Christopher, Sec- Congress in uniform. He was not puffed could be a 10, 15, 20-year commitment. retary of State, knew. I think he was up about his uniform. He told people Remember the history in this area. A kept out of the loop by his number 2, this lends me a little aura of dignity to dictator with an iron hand ruled this Strobe Talbott, whose foreign policy settle some of these disputes here. country for 50 years. Peace was main- has always been Soviets first, and now That is who they were thinking of tained. One might think that in a 50- Russia first. He is fluent in Russian. when they talked about Commander in year period of enforced peace that the Translated Khrushchev’s memoirs Chief, not this person down there in various ethnic factions could begin to when he was at Oxford with Clinton. He the White House who thinks he is going put aside their traditional centuries- did the translating for this secret deal. to coast this entire year making our old hatreds. And yet, as soon as that The deal is: Poland go to hell; and Hun- life miserable vetoing everything ex- discipline was gone, we were back to a gary, and the Czech Republic, and Slo- cept defense bills. We got him locked civil war. vakia, you will not be in an expanded on that because of Bosnia. Mr. DORNAN. If the gentleman NATO. Mr. HORN. He let that become law would yield for a second, can I show Let me read some of this, because I without his signature. him something about these hatreds think this is really hot, newsworthy Mr. DORNAN. That is right. He that is very upsetting? And I called to stuff. I have taken it over to the Sen- thinks he has an escape valve there California to ask 1 of my 10 grand- ators. My pal, BOB DOLE, is in turmoil somehow, so he can whine to other peo- children to watch, because you do not over there, because he is trying to ple about things in there that he did have to meet one of my grandchildren, drive the policy to make sure we arm not want. named Kevin Griffin, to know what he the victims who have had all of those By the way, and then I wan to turn looks like. Here is his picture in both atrocities committed. to one of my other colleagues, people Time and in Newsweek, and taken by Mr. Speaker, I ask unanimous con- say how can he be so cavalier about different photographers, I might add. sent to put it in the RECORD. I will end where the money is coming for this? Because these cameras will not zoom the opening paragraphs, one gusty one Not just the men on the ground, and I in this year, we will change that next at the close, then we will talk about it. know I am annoying people I am say- year, I am going to pass these to Mrs. Peter W. Rodman, a former national ing it so much, but I want it in people’s CHENOWETH. This is my grandson in security adviser to both presidents heads that I am not an isolationist. I San Juan Capistrano, Kevin Griffin, Bush and to President Reagan. am not echoing Pat Buchanan. I do and he is a refugee, a Moslem refugee One of the better arguments for the Day- want to help in Europe, and we are in from Srebrenica that fled to Tuzla, ton Accords and the dispatching of U.S. there with air strikes. That is called where we will be. They look at our troops to Bosnia was that putting the air power. Sea power in the Adriatic, American GIs that arrived there the Bosnian conflict on ice would serve larger more than everybody else in the world other day to a welcome, the 1st Ar- American strategic interests. One such inter- combined. Airlift, sealift, fuel, food. I mored Division, and they want to just est was the future of the Western alliance. We are being browbeaten with this. have walked in the hospitals in Zagreb. touch the Americans. The prolongation of the Bosnia war and the We are ready for massive casualties. Now, look at that blond haired, blue- squabbles among allies were poisonous to the Intelligence is dotting the ‘‘I’’ all eyed boy. And I am not giving any pref- Alliance itself, and the resulting incoherence right. It is 99, 98 percent ours. And we erences, because I have Robert K. Dor- of policy was poisonous to NATO’s credibil- have 500 men and women as a blocking nan, III, here in Virginia, who is one- ity. A second key strategic was the enlarge- action in Macedonia wearing those quarter Croatian with huge brown ment of NATO into Central Europe and the Blue Berets. We are involved at great eyes. He is going to get a great tan and prolongation of this Bosnian war was com- plicating this.’’ cost. has dark hair. I have grandkids of all During the climactic NATO bombing oper- Put yourself in Clinton’s shoes. He sizes and shapes, and 5 females and 5 ations in September, starting in August, did not want $7 billion in that defense males and a fifth female on the way, Boris Yeltsin gave a tempestuous news con- appropriations. He started out saying number 10, I think. I am asking my son ference in which he conflated the two issues, H 14234 CONGRESSIONAL RECORD — HOUSE December 7, 1995 blustering that an enlarged NATO would duplicitous turn in the Clinton Administra- sia is only getting stronger and more asser- soon be dropping bombs on Russia’s door- tion’s policy toward Russia, Bosnia, and the tive; every month, the risks and inhibitions step. The Dayton accords offer us a chance, Atlantic Alliance: The President and his as- on our side will only grow. The Administra- in other words, to put all of this behind us sociates are reported to have given Moscow tion’s second rationale (at least, so I suspect) and to refocus our European policy on larger secret assurances that, in return for its co- is what philosophy majors will remember as concerns. operation with the U.S. in Bosnia peacekeep- Zeno’s Paradox: the idea that if you divide a The next three paragraphs are price- ing, NATO enlargement will be put ‘‘on the distance into an infinite number of tiny in- less, but in the interest of time, I will back burner’’ for the foreseeable future. The crements, you never get to the destination. rationale was that, given this demonstration This may be the Administration’s real cal- put them in the RECORD. It says this: of Russia’s readiness to be a partner in a new culation. In other words, it just doesn’t want As usual, the administration has its strate- cooperative ‘‘European security architec- to enlarge NATO—for fear of antagonizing gic priorities totally bass-backwards. This ture,’’ the extension of NATO security guar- Moscow. The first rationale is bad judgment; guy is writing tough street words. It is antees to Central Europe would not be a pri- the second is bad faith. wrong to pay a price to Russia over Bosnia in ority any time soon. This account comes Whatever the short-term plaudits due to the strategic coin of our larger interest in from official and authoritative sources, both the Administration for putting the Bosnia consolidating security in Central Europe. It Russian and American. conflict on ice, in Central Europe we are see- is wrong to sacrifice NATO enlargement to It has long been understood (indeed, admit- ing a strategic blunder of historic propor- the Russians over Bosnia or anything else. ted by some Administration officials) that tions. The administration’s repeated assurances concrete decisions on admitting new NATO to Congress, and to the allies, that Russia Mr. GANSKE. Mr. Speaker, reclaim- members would be put off until after the ing my time for a moment, I think the would not have a veto over NATO enlarge- Russian elections, especially the presidential ment turned out to be empty. Perhaps is just election scheduled for June 1996—which gentleman has pointed out, as I did in another of the ‘‘terminological meant, as a practical matter, until after the my initial statement, that possibly the inexactitudes,’’ that is the Clinton adminis- U.S. presidential election as well. Russian of- worst thing that could happen from our tration dialogue, that have become so famil- ficials interpret the new assurances to mean getting more involved is that we now iar. A huge price will ultimately be paid for that if Mr. Clinton is re-elected, nothing will this. have increased the proximity to some happen on NATO enlargement in his second There is no current threat to Central Eu- significant interactions with the Rus- rope. The newly liberated states of the re- term either. sians. The story is accompanied by reports of gion, however, have just recently awakened The United States troops will be po- other assurances to the Russians that their from a 60-year nightmare. Still find them- cooperation on Bosnia would put the United sitions in this area right here, very selves situated between Germany and Rus- States in their debt and earn them greater close to the Russian troops that will be sia, and know in their bones that their sur- American understanding on other issues, in this area. Mrs. CHENOWETH and I will vival is not guaranteed by history. They con- such as their reassertion of control in their sider themselves part of the West culturally, be looking at this area this weekend. ‘‘near abroad’’ (Central Asia and the politically, and morally and, therefore, seek But, remember, General Clark in- Caucasus, including the oil-rich Caspian Western assurances that we feel a stake in formed us in a briefing that approxi- basin). mately one-third of NATO forces will their security and independence. As usual, this Administration has its stra- Seen in this light, NATO enlargement is tegic priorities totally bass-ackwards. It is be tied up in this endeavor. not a new act, but a consolidation of the wrong to pay a price to Russia over Bosnia in Now, there is a great deal of unrest post-1989 status quo. They are free. This is the strategic coin of our larger interest in in Russia. What happens if later this Poland, Hungary, et al., sovereign countries consolidating security in Central Europe. It year there is a significant turnover in exercising their free sovereign choice to as- is wrong to sacrifice NATO enlargement to sociate with us. Either Russia accepts this, power and then we have a problem not the Russians over Bosnia or over anything or does not. in the Balkans, but in the Baltics, and else. The Administration’s repeated assur- Three more great paragraphs in the we have this type of commitment? I ances to Congress and to the Allies that Rus- mean, it is a matter of weighing some RECORD. Call your Congressman and sia would not have a veto over NATO en- real significant options. ask for it. largement turn out to be empty—perhaps Mr. Speaker, here is the punch line. just another of the ‘‘terminological Mr. Speaker, with that, I would yield By fear of antagonizing Russia, bad inexactitudes’’ that have become so familiar. to the gentlewoman from Idaho [Mrs. faith, whatever the short-term plot is A huge price will ultimately be paid for this. CHENOWETH]. Mrs. CHENOWETH. Mr. Speaker, it is for putting Bosnia on ice, in Central There is no current threat to Central Eu- rope. The newly liberated states of the re- very interesting as we stop and think Europe we are seeing a strategic blun- gion, however, have just recently awakened about the tests that we have been talk- der of historic proportions. from a 60-year nightmare, still find them- Mr. Speaker, this is the hidden deal ing about, that the President, as Com- selves situated between Germany and Rus- mander in Chief, simply has not passed. at Dayton, OH. sia, and know in their bones that their sur- Mr. Speaker, I submit the following vival is not guaranteed by history. They con- And one of those major tests is what I article for inclusion in the RECORD. sider themselves part of the West culturally, call the mother’s test. I guess my major claim to fame is [From the National Review, Dec. 25, 1995] politically, and morally; they therefore seek Western assurances that we feel a stake in the fact that I am a mother. I am a YALTA IN THE BALKANS their security and independence. Seen in this mother of a military man who would (By Peter W. Rodman) light, NATO enlargement is not a new act, respond to the command of his Com- WASHINGTON, DC.—One of the better argu- but a consolidation of the post-1989 status mander in Chief, because that is the ments for the Dayton Accords and the dis- quo: they are free, sovereign countries exer- way he has been raised. But my heart patching of U.S. troops to Bosnia was that cising their free, sovereign choice to associ- breaks to think of mothers across this putting the Bosnia conflict on ice would ate with us. Either Russia accepts this, or it serve larger American strategic interests. does not. Nation having to let their sons and One such interest was the future of the West- Leaving the security status of Central Eu- daughters go because of a President ern alliance: the prolongation of the Bosnia rope ambiguous only leaves open tempta- who does not understand what his role war and the squabbles among the Allies were tions to Russian irredentists. NATO mem- is and the role of the military, his re- poisonous to the Alliance itself, and the re- bership for Central Europe is among other sponsibility as Commander in Chief; sulting incoherence of Western policy was things a way of telling the Russians that because, since the beginning of civiliza- poisonous to NATO’s credibility. A second their acceptance of the post-1989 status quo tion, mothers have been willing to send key strategic interest was the enlargement in Central Europe is the sine qua non of any of NATO into Central Europe, and prolonga- relationship with us. If the Russians have a their sons off to war to protect the in- tion of the Bosnia war was also complicating problem with this—which they clearly seem terests of the country or the tribe or this (During the climatic NATO bombing op- to have—then we are all facing a major prob- the community, to preserve the peace erations in September, Boris Yeltsin gave a lem five or ten years down the road as Rus- and tranquility of their existence, to tempestuous news conference in which he sia regains its strength. make sure that freedom and liberty conflated the two issues, blustering that an The Administration’s rationale for delay- will reign for their future generation. enlarged NATO would soon be dropping ing NATO enlargement has been twofold. That silent mother’s test. bombs on Russia’s doorstep.) The Dayton Ac- One is the claim that it will be easier to But he has failed the mother’s test. achieve such enlargement if we go about it cords offer us a chance, in other words, to He has even failed the test of his own put all this behind us and to re-focus our Eu- gradually. But the nationalist turn in Rus- ropean policy on our larger concerns. sian politics, expected to be given new impe- Secretary of State, who back in 1992 These arguments for Dayton still hold, but tus by the December elections for the Duma, stated that we will commit troops only National Review has learned of a stunningly tells us that it will not get any easier. Rus- upon the following four criteria: No 1, December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14235 is he said if the mission is clearly de- tions in the world. So was Cambodia, modern Holiday Inn buildings. I mean fined; No. 2, would be if the people in so were a number of places, so are actual Holiday Inn franchise buildings this country are behind the mission; those places right now in Asia and the set up for the Olympics. No. 3, is if there was a very clear and Mideast and Africa. But we cannot be, We saw the horrible killing and the reasonable chance for success; and No. as I said earlier today, super cop to the marketplace explosions in Sarajevo, 4 is if there is a good, strong exit strat- world, and that is sort of what we are but the last nightmarish killing of in- egy. All four of those the President getting ourselves into. nocent men, women, and children dur- fails on. Mr. GANSKE. Mr. Speaker, if the ing what they thought was a breather, And probably, Mr. Speaker, I would gentleman will yield for a minute, and God knows who fired the mortars, say to the gentleman, the biggest fail- there is an option. The option is some- but the suspicion is that it came from ure is what will this do to the spirit of thing that Senator DOLE, for instance, the Bosnian Serb side. That was in the military? The spirit of the military recommended a couple of years ago, Tuzla. has been captured by a speech given by and that was make for a level playing b 1930 General MacArthur. I would like to field. Lift the arms embargo. Allow the quote just a paragraph from a great various factions to have a level playing We are going into Tuzla. That is general who really understood warfare, field and to settle their own civil war where most of the mines are around in understood how necessary it was for with the same type of support that we the hills along with the hills surround- the general to take responsibility for have done in the past, logistical and ing Sarajevo. And I want to do every- his troops in the field. air, and yet not interpose ourselves thing I can to get another vote here. On May 12, 1962, in his speech, ‘‘Duty, into the middle of essentially a civil Here is what I have been promised. I Honor, and Country,’’ General Mac- war. want to thank our conference chair- Arthur said, ‘‘And through all of this,’’ Mr. HORN. Mr. Speaker, one of our man, the gentleman from Ohio [Mr. he said this to the graduates at West most successful operations, as the gen- BOEHNER], and the gentleman from Point, he said: tleman knows, happened under the California [Mr. COX], the policy leader And through all of this welter of change Carter administration. It is ironic that on this side. I have been told I will get and development that you will face, your many of the advisers of President at 9:30 Wednesday morning, there is mission remains fixed, determined, and it is Carter also are advising this adminis- not going to be any votes until late to win our wars. Everything else in your pro- tration. But what they did that was Tuesday night, I want a full-court 235 fessional career is but a corollary to this successful, they began the effort to healthy men and women in my con- vital dedication. All other public purposes, ference, if that is possible on Wednes- all other public projects, all other public provide arms to the Afghan Mujaheddin, and through Pakistan day morning, the so-called peace ac- needs, great or small, will find others for cords are going to be signed on Decem- their accomplishment, but profession of they did just that as really a covert op- arms, the will to win, the sure knowledge eration without using American ber 14, the next day, I want on Wednes- that in war there is no substitute for victory, troops, and they were able to have suf- day, today is Pearl Harbor day, the and that if you lose, the Nation will be de- ficient arms go in that the world’s sec- 13th, Wednesday the 13th, 9:30, I am stroyed. ond strongest superpower was driven going to ask for a vote not to table my What are we setting our troops up out of Afghanistan where it never words and we can perfect my words, if for? Are we disspiriting our troops? Are should have been in the first place. this does not satisfy, not to put this off we putting ourselves on a slippery Mr. GANSKE. Mr. Speaker, let me to the policy committee. slope, like we did in Vietnam, where we summarize, and I thank my colleagues My words, which I have not read never have recovered economically, for joining me in this colloquy. I be- since two nights ago are, Notwith- like the post-Vietnam wars? And the lieve that this mission is primarily standing any other provision of law, no spirit of America took a hit that we going to involve a breathing space for Federal fund shall be appropriated or were not even able to begin to recover the warring parties. They need to otherwise available for the deployment until we had a President like Ronald rearm. They will do that on a brief en- on the ground of United States Armed Reagan who could really again show us forced peace. Forces in the Republic of Bosnia and how we could go in and win with the I think at the end of the day it is not Herzegovina as part of any peacekeep- likes of Colin Powell and Dick Cheney. that America cannot tolerate casual- ing operation or as part of any imple- Mr. GANSKE. I thank the gentle- ties; it is that Americans just do not mentation force. woman, and I am sure your phone calls tolerate casualties unless they can see Now, the 30 or so, more conservative have been the same as mine: over- a real purpose. Senators in the other great body said whelmingly against this. The public f that if they even tried to bring this up, does not understand the reason that we it would never be allowed on the floor. should be there, and my phone calls are UPDATE ON BOSNIA Their words are simpler, and this a 8 or 9 to 1 against this. Time and time The SPEAKER pro tempore (Mrs. rough draft, that the Congress, House again, people are phoning saying, do SEASTRAND). Under a previous order of and Senate, opposes the deployment of not do this. We do not understand. We the House, the gentleman from Califor- United States ground forces into the think you will not accomplish any- nia [Mr. DORNAN] is recognized for 5 Republic of Bosnia and Herzegovina to thing of significance. minutes. implement the general framework Mr. Speaker, I yield to the gentleman Mr. DORNAN. Madam Speaker, I agreement for peace in Bosnia and from California. have got to collapse a 60-minute spe- Herzegovina and its associated an- Mr. HORN. Well, Mr. Speaker, I cial order into 5 minutes, but that is nexes. would say to the gentleman, we have all right. I am signed up for some next I and other Members have pleaded exactly the same experience, and I week. with them not to have a section 2. Sec- know a lot of our Democratic friends Let me give you an update on what is tion 2 is insulting. They even indicate had that experience. The other day one happening with our leadership getting we might not support our forces, in- representative, when asked how many a vote before the 1st Armored Division cluding all the aforementioned support letters do you get on this subject and officers and men arrive in the dead of forces, by the thousands and millions what are they saying, she said all of winter in a very, the most dangerous of dollars that are already functioning them are against, 100 percent; not even area of Bosnia where most of the fight- there to try and keep these people edu- one or two out of 100 supporting it. And ing has been going on, unit-to-unit, cated, intelligent, cultured people, I think the wisdom of the people in this man-to-man combat. And a few women. from slaughtering and raping one an- case is right on the mark. People are We see the terrible destruction of Sa- other. But several of the Senators want not stupid. They know where our na- rajevo because of some cleverly hidden this, that the Congress strongly sup- tional interests ought to lie. cameras and some of the people with ports the United States Armed Forces No one has convinced us that Amer- the guts to come in from the Sarajevo who may be ordered by the President ican lives are at stake, even though airport to film that rocket fire at to implement the general framework Bosnia is one of the most tragic situa- night, with huge shells slamming into agreement for peace in Bosnia and H 14236 CONGRESSIONAL RECORD — HOUSE December 7, 1995 Herzegovina and its associated an- (Operations) Chief of Force Development, U.S. Decorations and Badges: Silver Star, nexes. 82nd Airborne Division, Fort Bragg, North Legion of Merit, Bronze Star Medal with ‘‘V’’ Madam Speaker, I think I told you Carolina. Device (with 2 Oak Leaf Clusters), Purple this yesterday, Colonel General Jul. 1971–Nov. 1971: S–3 (Operations), 1st Heart, Meritorious Service Medal (with Oak Squadron, 17th Cavalry Regiment, later Pro- Leaf Cluster). Leonty, L-E-O-N-T-Y, Shevtsov, S-H-E- curement Officer, Board for Dynamic Train- f V-T-S-O-V, is the chief of staff of the ing, 82nd Airborne Division, Fort Bragg, Russian forces in Chechnya. He was North Carolina. SPECIAL ORDERS GRANTED there from December 1994, when the Nov. 1971–Feb. 1973: Commander, Troop A, By unanimous consent, permission to killing was at its height, ruining our 1st Squadron, 17th Cavalry Regiment, 82d address the House, following the legis- Christmas last year with savage pic- Airborne Division, Fort Bragg, North Caro- lative program and any special orders tures of man’s inhumanity to man, and lina. Mar. 1973–Jul. 1973: Student, Officer Rotary heretofore entered, was granted to: he commanded through April of last Wing Aviator Course, United States Army (The following Members (at the re- year. Helicopter Center/School, Fort Wolters, quest of Mr. ABERCROMBIE) to revise By the way, there have been 1,500 in- Texas. and extend their remarks and include stances of the Moslem Chechnyan guer- Jul. 1973–Dec. 1973: Student, Officer Rotary extraneous material:) rillas attacking young Russian boys Wing Aviator Course, United States Army Mr. GIBBONS, today, for 5 minutes. who should not have to die this month Aviation School, Fort Rucker, Alabama. Ms. NORTON, today, for 5 minutes. of Christmas 1995. This Russian com- Jan. 1974–Sep. 1974: Student, Infantry Offi- Mr. POSHARD, today, for 5 minutes. mander who was there when atrocities cer Advanced Course, United States Army Infantry School, Fort Benning, Georgia. Mr. FALEOMAVAEGA, today, for 5 min- were committed has been put in as the Sep. 1974–Jun. 1977: Platoon Leader and As- utes. commander of the Russian forces. sistant Operations Officer, later Platoon Mr. MFUME, today, for 5 minutes. As we approach this Christmas, Commander, and later Regimental Plans Of- Mr. VENTO, today, for 5 minutes. Madam Speaker, there is not a single ficer, Air Cavalry Troop, 11th Armored Cav- Russian soldier, it has been a long, alry Regiment, United States Army Europe, Ms. JACKSON-LEE, today, for 5 min- hard 6 years Poland, Latvia, Lithuania, Germany. utes. Estonia, Hungary, the now-separated Aug. 1977–Jun. 1978: Student, United States Mr. BRYANT of Texas, today, for 5 Czechoslovakia and Slovak Republics, Army Command and General Staff College, minutes. Fort Leavenworth, Kansas. Czech Republic, there are no Russian Mr. PALLONE, today, for 5 minutes. Jun. 1978–Apr. 1979: Staff Officer, Regional (The following Members (at the re- troops there, but they are on their way Operations Division, Office, Deputy Chief of into the Balkans. They will be subject quest of Mr. HORN) to revise and extend Staff for Operations and Plans, United their remarks and include extraneous to Serbia because they made the Ser- States Army, Washington, DC. bian case. Apr. 1979–Jun. 1982: Aide and Assistant Ex- material:) I close on this, Clinton leading Maj. ecutive Officer, later Executive Officer to Mr. SOUDER, today, for 5 minutes. Gen. William Nash, who fought so hard the Vice Chief of Staff, Army, Office of the Mr. LEVIN, today, for 5 minutes. in Vietnam, and Gen. George Joulwan, Chief of Staff, Army, Washington, DC. Mr. HAYWORTH, today, for 5 minutes. Jun. 1982–Jun. 1983: Deputy Executive As- who fought in Vietnam, leading them Mrs. CHENOWETH, today, for 5 min- sistant to the Chairman, Joint Chiefs of utes. down the driveway, not to follow him Staff, Washington, DC. Mr. HOKE, today, for 5 minutes. to Bosnia like Alexander the Great or Jun. 1983–Jun. 1985: Commander, 3d Squad- Caesar but to do his dirty work. ron, 8th Cavalry Regiment, 8th Infantry Di- Mr. GOSS, today, for 5 minutes. Madam Speaker, God forbid it. Let us vision, United States Army Europe, Ger- Mr. HORN, today, for 5 minutes. stop it. many. Mr. DIAZ-BALART, for 5 minutes each Madam Speaker, I include for the Aug. 1985–Jun. 1988: Student, United States day, on December 12 and December 13. Army War College, Carlisle Barracks, Penn- RECORD the following information: (The following Member (at his own sylvania. request) to revise and extend his re- RESUME OF SERVICE CAREER OF WILLIAM LA- Jun. 1986–May 1988: Assistant Chief of FAYETTE NASH, MAJOR GENERAL COMMAND- marks and include extraneous mate- Staff, G–3 (Operations), 1st Cavalry Division, rial:) ING OFFICER, 1ST ARMORED DIVISION Fort Hood, Texas. Date and Place of Birth: 10 August 1943, May 1988–May 1989: Executive Officer to Mr. WELDON of Florida, for 5 minutes, Tucson, Arizona. the Commander-in-Chief, United States today. Years of Active Commissioned Service: Army Europe, Germany. (The following Member (at his own Over 26. Jun. 1989–Dec. 1990: Commander, 1st Bri- request) to revise and extend his re- Present Assignment: Commanding Gen- gade, 3d Armored Division, United States marks and include extraneous mate- eral, 1st Armored Division, United States Army Europe and Seventh Army, Germany. rial:) Army, Europe Seventh Army, APO AE 09252, Dec. 1990–Apr. 1991: Commander, 1st Bri- Mr. DORNAN, for 5 minutes, today. since June 1995. gade, 3d Armored Division, DESERT Military Schools Attended: The Armor STORM, Saudi Arabia. f School, Officer Basic Course; The Infantry Apr. 1991–Jul. 1991: Commander, 1st Bri- School, Officer Advanced Course; United gade, 3d Armored Division, United States EXTENSION OF REMARKS States Army Command and General Staff Army Europe and Seventh Army, Germany. By unanimous consent, permission to College; United States Army War College. Jul. 1991–Jun. 1992: Assistant Division revise and extend remarks was granted Educational Degrees: United States Mili- Commander, 3d Infantry Division to: tary Academy—BS Degree—No major; (Mechandized), United States Army Europe (The following Members (at the re- Shippensburg University—MS Degree—Pub- and Seventh Army, Germany. lic Administration. Jun. 1992–Jul. 1993: Deputy Commanding quest of Mr. ABERCROMBIE) and to in- Foreign Language(s): Russian. General for Training, United States Army clude extraneous matter:) Major Duty Assignments: Combined Arms Command, Fort Leaven- Mr. BARCIA. Aug. 1968–Oct. 1968: Student, Ranger worth, Kansas. Mr. TOWNS. Course, United States Army Infantry School, Jul. 1993–Jun. 1995: Program Manager, Mrs. LOWEY. Fort Benning, Georgia. United States Army Office of the Program Mrs. MEEK of Florida. Oct. 1968–Nov. 1968: Student, Armor Officer Manager, Saudi Arabian National Guard Mr. FROST. Basic Course, United States Armor School, Modernization Program. Fort Knox, Kentucky. Promotions and Date of Appointment: Ms. KAPTUR. Dec. 1968–Apr. 1969: Platoon Leader, Troop 2LT—Temporary: 5 Jun 68; Permanent: 5 Mr. REED. L, 3d Squadron, 3d Armored Cavalry Regi- Jun 68. Mr. SERRANO. ment, Fort Lewis, Washington. 1LT—Temporary: 5 Jun 69; Permanent: 5 (The following Members (at the re- Apr. 1969–Feb. 1970: Platoon Leader, Troop Jun 71. quest of Mr. HORN) and to include ex- A, 1st Squadron, 11th Armored Cavalry Regi- CPT—Temporary: 5 Jun 70; Permanent: 5 traneous matter:) ment, United States Army, Vietnam. Jun 75. Mr. SMITH of New Jersey. Feb. 1970–Jun. 1970: Executive Officer, MAJ—Permanent: 10 Jun 77. Troop B, 1st Squadron, 11th Armored Cavalry LTC—Permanent: 1 Nov 82. Mr. KOLBE. Regiment, United States Army, Vietnam. COL—Permanent: 1 May 89. Mr. BEREUTER in two instances. Jun. 1970–Jul. 1971: Assistant G–3 (Oper- BG—Permanent: 1 Mar 92. Mr. NEY. ations) Training Officer, later Assistant G–3 MG—Frocked. Mrs. FOWLER in three instances. December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14237

Mr. SOLOMON. to section 565(c)(2) of the Public Health Serv- tember 30, 1995, and management response Mr. BURTON of Indiana. ice Act; to the Committee on Commerce. for the same period, pursuant to 5 U.S.C. app. 1784. A letter from the Director, Office of Mr. WALSH. (Insp. Gen. Act) section 5(b); to the Commit- Management and Budget, transmitting OMB tee on Government Reform and Oversight. Mr. BALLENGER. estimate of the amount of change in outlays 1795. A letter from the Director, Selective Mr. SANFORD. or receipts, as the case may be, in each fiscal Service System, transmitting the annual re- Mr. WOLF. year through fiscal year 2000 resulting from port under the Federal Managers’ Financial (The following Members (at the re- passage of S. 395, S. 440, and S. 1328, pursuant Integrity Act for fiscal year 1995, pursuant to quest of Mr. DORNAN) and to include ex- to Public Law 101–508, section 13101(a) (104 31 U.S.C. 3512(c)(3); to the Committee on traneous matter:) Stat. 1388–582); to the Committee on Govern- Government Reform and Oversight. 1796. A letter from the Director, Selective Mr. KING. ment Reform and Oversight. 1785. A letter from the Secretary, Depart- Service System, transmitting the semi- Mr. THOMPSON. ment of Energy, transmitting the semi- annual report of the inspector general for Mr. CALVERT. annual report of the office of inspector gen- the period April 1, 1995, through September Mr. FRELINGHUYSEN. eral and management’s report on audit rec- 30, 1995, pursuant to 5 U.S.C. app. (Insp. Gen. Mr. PACKARD. ommendations for the period April 1, 1995, Act) section 5(b); to the Committee on Gov- Mr. MARKEY. through September 30, 1995, pursuant to 5 ernment Reform and Oversight. Mr. SHUSTER. U.S.C. app. (Insp. Gen. Act) Sec. 5(b); to the 1797. A letter from the Director, U.S. Infor- Mr. ROTH. Committee on Government Reform and mation Agency, transmitting the semi- annual report of the inspector general for Mr. CARDIN. Oversight. 1786. A letter from the Chief Executive Of- the period April 1, 1995, through September Mr. HERGER. ficer, Corporation for National Service, 30, 1995, and the management report for the Mr. WARD. transmitting the semiannual report on ac- same period, pursuant to 5 U.S.C. app. (Insp. Ms. DELAURO. tivities of the inspector general for the pe- Gen. Act) section 6(b); to the Committee on Mr. WATTS of Oklahoma. riod April 1, 1995, through September 30, 1995, Government and Oversight. Mr. ROEMER. and the management report for the same pe- 1798. A letter from the Deputy Associate Mr. MARTINI. riod, pursuant to 5 U.S.C. app. (Insp. Gen. Director for Compliance, Department of the Interior, transmitting notification of pro- Mrs. KENNELLY. Act) Sec. 5(b); to the Committee on Govern- ment Reform and Oversight. posed refunds of excess royalty payments in Mr. WILSON. 1787. A letter from the Chairman and CEO, OCS areas, pursuant to 43 U.S.C. 1339(b); to Mr. GILMAN. Farm Credit Administration, transmitting the Committee on Resources. Mr. TORRES. the semiannual report of the inspector gen- 1799. A letter from the Assistant Secretary Mr. CLAY. eral for the period April 1, 1995, through Sep- for Indian Affairs, Department of the Inte- Mr. FILNER. tember 30, 1995, and the management report rior, transmitting a draft of proposed legisla- Mr. HYDE. for the same period, pursuant to 5 U.S.C. app. tion to establish an equipment capitalization Mr. FAZIO. (Insp. Gen. Act) Sec. 5(b); to the Committee fund within the Bureau of Indian Affairs; to on Government Reform and Oversight. the Committee on Resources. Mr. FARR. 1788. A letter from the Chairman, Federal 1800. A letter from the Administrator, Fed- f Housing Finance Board, transmitting the eral Aviation Administration, transmitting semiannual report of the inspector general the FAA report of progress on developing ENROLLED BILLS SIGNED for the period April 1, 1995, through Septem- and certifying the Traffic Alert and Collision Mr. THOMAS, from the Committee ber 30, 1995, pursuant to 5 U.S.C. app. (Insp. Avoidance System [TCAS] for the period on House Oversight, reported that that Gen. Act) Sec. 5(b); to the Committee on July through September 1995, pursuant to committee had examined and found Government Reform and Oversight. Public Law 100–223, section 203(b) (101 Stat. truly enrolled bills of the House of the 1789. A letter from the Chairman, Federal 1518); to the Committee on Transportation Trade Commission, transmitting the Com- and Infrastructure. following titles, which were thereupon mission’s annual management report for the 1801. A letter from the Administrator, Gen- signed by the Speaker: year ended September 30, 1995, pursuant to eral Services Administration, transmitting a H.R. 2204. An act to extend and reauthorize Public Law 101–576, section 306(a) (104 Stat. draft of proposed legislation to amend the the Defense Production Act of 1950, and for 2854); to the Committee on Government Re- Federal Property and Administrative Serv- other purposes; and form and Oversight. ices Act of 1949 to authorize the Adminis- H.R. 1058. An act to reform Federal securi- 1790. A letter from the Chairman, Inter- trator of General Services to transfer title to ties litigation, and for other purposes. national Trade Commission, transmitting surplus Federal personal property to State f the semiannual report on activities of the in- agencies when the transfer document for do- spector general for the period April 1, 1995, nation is executed; jointly, to the Commit- ADJOURNMENT through September 30, 1995, and the manage- tees on Government Reform and Oversight ment report for the same period, pursuant to and National Security. Mr. DORNAN. Madam Speaker, I 5 U.S.C. app. (Insp. Gen. Act) Sec. 5(b); to the 1802. A letter from the Director, Office of move that the House do now adjourn. Committee on Government Reform and Management and Budget, transmitting the The motion was agreed to; accord- Oversight. report on accounts containing unvouchered ingly (at 7 o’clock and 35 minutes 1791. A letter from the Chairperson, Na- expenditures potentially subject to audit by p.m.), under its previous order, the tional Commission on Libraries and Informa- GAO, pursuant to 31 U.S.C. 3524(b); jointly, House adjourned until Monday, Decem- tion Science, transmitting the semiannual to the Committees on Government Reform ber 11, 1995, at 12 noon. report of the inspector general for the period and Oversight, Appropriations, and the April 1, 1995, through September 30, 1995, pur- Budget. f suant to 5 U.S.C. app. (Insp. Gen. Act ) sec- f tion 5(b); to the Committee on Government EXECUTIVE COMMUNICATIONS, Reform and Oversight. REPORTS OF COMMITTEES ON ETC. 1792. A letter from the Chairman, National PUBLIC BILLS AND RESOLUTIONS Under clause 2 of rule XXIV, execu- Endowment for the Arts, transmitting the Under clause 2 of rule XIII, reports of tive communications were taken from semiannual report of the inspector general committees were delivered to the Clerk the Speaker’s table and referred as fol- for the period April 1, 1995, through Septem- ber 30, 1995, and the semiannual report on for printing and reference to the proper lows: final action for the same period, pursuant to calendar, as follows: 1782. A letter from the Deputy and Acting 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to Mr. GOSS: Committee on Rules. House CEO, Resolution Trust Corporation, trans- the Committee on Government Reform and Resolution 293. Resolution providing for con- mitting a list of property that is covered by Oversight. sideration of the bill (H.R. 2621) to enforce the Corporation as of September 30, 1995, 1793. A letter from the Deputy Independent the public debt limit and to protect the So- pursuant to Public Law 101–591, section Counsel, Office of Independent Counsel, cial Security trust funds and other Federal 10(a)(1) (104 Stat. 2939); to the Committee on transmitting the Counsel’s annual report on trust funds and accounts invested in public Banking and Financial Services. audit and investigative activities, pursuant debt obligations (Rept. 104–388). Referred to 1783. A letter from the Secretary of Health to 5 U.S.C. app. 3 section 8E(h)(2); to the the House Calendar. and Human Services, transmitting the De- Committee on Government Reform and Mr. GEKAS. Committee on the Judiciary. partment’s first annual report to Congress Oversight. H.R. 394. A bill to amend title 4 of the United summarizing evaluation activities related to 1794. A letter from the Director, Office of States Code to limit State taxation of cer- the Comprehensive Community Mental Personnel Management, transmitting the tain pension income; with an amendment Health Services for Children with Serious semiannual report of the inspector general (Rept. 104–389). Referred to the Committee of Emotional Disturbances Program, pursuant for the period of April 1, 1995, through Sep- the Whole House on the State of the Union. H 14238 CONGRESSIONAL RECORD — HOUSE December 7, 1995

Mr. WALKER: Committee on Science. H.R. Committee on Transportation and Infra- JACKSON-LEE, Mr. JOHNSTON of Flor- 2196. A bill to amend the Stevenson-Wydler structure, for a period to be subsequently de- ida, Mr. LAFALCE, Ms. LOFGREN, Mrs. Technology Innovation Act of 1980 with re- termined by the Speaker, in each case for LOWEY, Mrs. MALONEY, Mr. spect to inventions made under cooperative consideration of such provisions as fall with- MCDERMOTT, Mrs. MEEK of Florida, research and development agreements, and in the jurisdiction of the committee con- Mrs. MINK of Hawaii, Mrs. MORELLA, for other purposes; with an amendment cerned. Mr. PAYNE of New Jersey, Ms. (Rept. 104–390). Referred to the Committee of By Mr. FILNER: PELOSI, Ms. RIVERS, Ms. ROYBAL-AL- the Whole House on the State of the Union. H.R. 2743. A bill to establish a source of LARD, Mr. SERRANO, Mr. STOKES, Ms. funding for certain border infrastructure f WATERS, and Mr. WATT of North projects necessary to accommodate in- Carolina): PUBLIC BILLS AND RESOLUTIONS creased traffic resulting from implementa- tion of the North American Free-Trade H.R. 2748. A bill to prohibit insurance pro- Under clause 5 of rule X and clause 4 Agreement, and for other purposes; to the viders from denying or canceling health in- of rule XXII, public bills and resolu- Committee on Transportation and Infra- surance coverage, or varying the premiums, tions were introduced and severally re- structure. terms, or conditions for health insurance ferred as follows: By Mr. FRELINGHUYSEN: coverage on the basis of genetic information H.R. 2744. A bill to require the Postmaster or a request for genetic services, and for By. Mr. LUCAS: General to submit to the Congress a plan for H.R. 2736. A bill to direct the Secretary of other purposes; to the Committee on Com- the reduction of the accumulated debt of the merce, and in addition to the Committee on Agriculture to dispose of certain Federal Postal Service within 7 years; to the Com- land holdings in the State of Oklahoma, and Economic and Educational Opportunities, for mittee on Government Reform and Over- a period to be subsequently determined by for other purposes; to the Committee on Re- sight. the Speaker, in each case for consideration sources, and in addition to the Committees By Ms. FURSE (for herself, Mrs. of such provisions as fall within the jurisdic- on Agriculture, and Transportation and In- MORELLA, Mr. BROWN of California, tion of the committee concerned. frastructure, for a period to be subsequently Mr. ENGEL, Mr. HINCHEY, Mr. SAND- By Mr. STOCKMAN (for himself, Mr. determined by the Speaker, in each case for ERS, Mr. TORRICELLI, Mr. YATES, Mr. DELAY, Mr. DREIER, Mr. LIVINGSTON, consideration of such provisions as fall with- LEWIS of Georgia, Mr. MILLER of Cali- Mr. COOLEY, Mr. DORNAN, Mr. BONO, in the jurisdiction of the committee con- fornia, Mr. DURBIN, Mr. NADLER, Mrs. Mr. HANCOCK, Mr. COBURN, Mr. BARR, cerned. LOWEY, Mr. PALLONE, Mr. Mrs. SMITH of Washington, Mr. SALM- By Mr. GILMAN (for himself and Mr. MCDERMOTT, Mr. MORAN, Mr. ON, Mr. BRYANT of Tennessee, Mr. CHABOT): SKAGGS, Mr. STUDDS, Mr. THOMPSON, HILLEARY, Mr. RIGGS, Mr. GRAHAM, H.R. 2737. A bill to amend section 1114 of Mr. STARK, Ms. PELOSI, Mr. JOHNSTON Mr. PARKER, Mrs. MYRICK, Mr. title 18, United States Code, to extend its of Florida, Mr. GILCHREST, Mr. WAX- LARGENT, Mr. WICKER, Mr. DICKEY, protections to U.S. Customs Service employ- MAN, Mr. VENTO, Mr. BRYANT of Mr. LEWIS of Kentucky, Mr. ees; to the Committee on the Judiciary. Texas, Mr. GUTIERREZ, Mr. PORTER, LATOURETTE, Mr. HOEKSTRA, Mr. EN- By Mr. DOOLITTLE (for himself and Mr. CLAY, Mr. EVANS, Mr. ROSE, Mr. SIGN, Mr. HAYWORTH, Mr. SMITH of Mr. HANSEN): BEILENSON, Mr. OLVER, Mr. BROWN of New Jersey, Mr. SMITH of Michigan, H.R. 2738. A bill to make amendments to Ohio, Mr. BARRETT of Wisconsin, Ms. Mr. ROGERS, Mr. HUNTER, Mr. the Central Valley Project Improvement Act WATERS, Mr. FRANK of Massachsetts, SOUDER, Mr. YOUNG of Alaska, Mr. and to the Reclamation Wastewater and Mr. SHAYS, Mr. MATSUI, Mrs. SCHROE- BARTLETT of Maryland, Mrs. Groundwater Study and Facilities Act, and DER, and Mr. BONIOR): for other purposes; to the Committee on Re- H.R. 2745. A bill to repeal the emergency CHENOWETH, Mr. CREMEANS, Mr. sources. salvage timber sale program enacted as part WELDON of Florida, Mrs. CUBIN, Mr. By Mr. THOMAS: of Public Law 104–19; to the Committee on JONES, Mr. RADANOVICH, Mr. HUTCH- H.R. 2739. A bill to provide for a represen- Agriculture, and in addition to the Commit- INSON, and Mr. PACKARD): tational allowance for Members of the House tee on Resources, for a period to be subse- H.R. 2749. A bill to determine if Alfred of Representatives, to make technical and quently determined by the Speaker, in each Kinsey’s ‘‘Sexual Behavior in the Human conforming changes to sundry provisions of case for consideration of such provisions as Male’’ and/or ‘‘Sexual Behavior in the law in consequence of administrative re- fall within the jurisdiction of the committee Human Female’’ are the result of any fraud forms in the House of Representatives, and concerned. or criminal wrongdoing; to the Committee for other purposes; to the Committee on By Mr. KENNEDY of Rhode Island (for on Economic and Educational Opportunities. House Oversight. himself and Mrs. LOWEY): By Mr. STUPAK: By Mr. HOKE (for himself, Mr. BLUTE, H.R. 2746. A bill to amend the Foreign As- Mr. CREMEANS, Mrs. CUBIN, Mr. sistance Act of 1961 to provide for the re- H.R. 2750. A bill to amend the Internal Rev- FLANAGAN, Mr. GUTKNECHT, Mr. striction on assistance to the Government of enue Code of 1986 to delay the application of HASTINGS of Florida, Mr. HOBSON, Mr. Indonesia; to the Committee on Inter- the substantiation requirements to reim- JONES, Mrs. KELLY, Mr. KING, Mr. national Relations. bursement arrangements of certain loggers; LATOURETTE, Mr. LIPINSKI, Mr. By Mr. SHUSTER (for himself, Mr. to the Committee on Ways and Means. MEEHAN, Mrs. MEEK of Florida, Ms. OBERSTAR, Mr. BOEHLERT, Mr. BOR- By Mr. WOLF (for himself, Mr. DAVIS, MOLINARI, Mr. NEY, Mr. OXLEY, Mr. SKI, Mr. CLINGER, Mr. RAHALL, Mr. Mr. MORAN, Mrs. MORELLA, Mr. PETERSON of Minnesota, Mr. PETRI, Mr. LIPINSKI, Mr. WISE, Mr. WYNN, and Mr. HOYER): PORTMAN, Ms. PRYCE, Mr. QUINN, Mr. TRAFICANT, Mr. HAYES, Mr. COBLE, H.R. 2751. A bill to provide temporary au- SCARBOROUGH, and Mr. TRAFICANT): Mr. ZELIFF, Mr. COSTELLO, Mr. H.R. 2740. A bill to protect sports fans and POSHARD, Mr. HUTCHINSON, Mr. thority for the payment of retirement and communities throughout the Nation, and for CRAMER, Mr. BAKER of California, separation incentives, to provide reemploy- other purposes; to the Committee on the Ju- Miss. COLLINS of Michigan, Ms. NOR- ment assistance to Federal employees who diciary, and in addition to the Committee on TON, Mr. HORN, Mr. FRANKS of New are separated as a result of work force reduc- Commerce, for a period to be subsequently Jersey, Ms. DANNER, Mr. BLUTE, Mr. tions, and for other purposes; to the Commit- determined by the Speaker, in each case for QUINN, Mrs. FOWLER, Mr. BARCIA of tee on Government Reform and Oversight. consideration of such provisions as fall with- Michigan, Mr. EHLERS, Mr. BACHUS, By Mr. PORTER (for himself, Mrs. COL- in the jurisdiction of the committee con- Mr. TUCKER, Ms. EDDIE BERNICE LINS of Illinois, Mr. COSTELLO, Mr. cerned. JOHNSON of Texas, Mr. WAMP, Mr. CRANE, Mr. DURBIN, Mr. EVANS, Mr. By Mr. BALLENGER (for himself, Mr. BREWSTER, Mr. LATHAM, Mr. EWING, Mr. FAWELL, Mr. FLANAGAN, ROHRABACHER, and Mr. PAYNE of Vir- LATOURETTE, Mr. MASCARA, Mrs. Mr. GEPHARDT, Mr. GUTIERREZ, Mr. ginia): SEASTRAND, Mr. LAHOOD, Mr. MAR- HASTERT, Mr. HYDE, Mr. KOLBE, Mr. H.R. 2741. A bill to amend the Internal Rev- TINI, and Mr. MCHALE): LAHOOD, Mr. LIPINSKI, Mr. enue Code of 1986 and Employee Retirement H.R. 2747. A bill to direct the Adminis- MANZULLO, Mr. POSHARD, Mr. RUSH, Income Security Act of 1974 in order to pro- trator of the Environmental Protection Mr. WELLER, and Mr. VISCLOSKY): mote and improve employee stock ownership Agency to make grants to States for the pur- H. Res. 294. Resolution to congratulate the plans; to the Committee on Ways and Means. pose of financing the construction, rehabili- Northwestern University Wildcats on win- By Mr. ENGLISH of Pennsylvania: tation, and improvement of water supply H.R. 2742. A bill to set aside a portion of systems, and for other purposes; to the Com- ning the 1995 Big Ten Conference football the funds available under the Comprehensive mittee on Transportation and Infrastruc- championship and on receiving an invitation Environmental Response, Compensation, and ture. to complete in the 1996 Rose Bowl, and to Liability Act of 1980 to be used to encourage By Ms. SLAUGHTER (for herself, Mr. commend Northwestern University for its the redevelopment of marginal brownfield ACKERMAN, Ms. BROWN of Florida, Ms. pursuit of athletic and academic excellence; sites, and for other purposes; to the Commit- DELAURO, Mr. DELLUMS, Mr. to the Committee on Economic and Edu- tee on Commerce, and in addition to the FALEOMAVAEGA, Mr. GEJDENSON, Ms. cational Opportunities. December 7, 1995 CONGRESSIONAL RECORD — HOUSE H 14239 PRIVATE BILLS AND POSHARD, Mr. CRANE, Mr. EVANS, Mr. HYDE, ‘‘1’’ and in line 3, on page 27, strike ‘‘3’’ and RESOLUTIONS and Mr. GUTIERREZ. insert ‘‘2’’. H.R 2722: Mr. CRAMER. Page 27, strike the comma in line 22 and Under clause 1 of rule XXII, private H.R 2723: Mr. CREMEANS and Mr. DORNAN. insert ‘‘and’’, and in line 23, strike ‘‘, and the bills and resolutions were introduced H.R 2729: Mr. WARD, Mr. LEWIS of Georgia, construction and operation of any facility’’. and severally referred as follows: and Mrs. SCHROEDER. Page 28, insert after line 8 the following: H.J. Res. 117: Mr. STUDDS. ‘‘(A) INTERIM STORAGE FACILITY.—Construc- By Mr. BARTON of Texas: H. Con. Res. 47: Mrs. MEEK of Florida and tion and operation of an interim storage fa- H.R. 2752. A bill to approve Sensor Pad, a Mr. UPTON. cility shall constitute a major Federal ac- medical device; to the Committee on Com- H. Con. Res. 50: Mr. MENENDEZ. tion significantly affecting the quality of the merce. H. Con. Res. 85: Mr. KLINK. human environment for purposes of the Na- H. Con. Res. 91: Mr. MANZULLO. By Mrs. VUCANOVICH: tional Environmental Policy Act of 1969. The H. Con. Res. 118: Mr. STOCKMAN, Mr. H.R. 2753. A bill to allow the marketing of Secretary shall prepare an environmental CUNNINGHAM, Mr. KENNEDY of Rhode Island, the Sensor Pad, a medical device to aid in impact statement on the construction and Mr. HORN, Mr. ABERCROMBIE, Mr. WELDON of breast self-examination; to the Committee operation of such facility prior to com- Florida, and Mr. CASTLE. on Commerce. mencement of construction. In preparing f f such statement, the Secretary shall adopt, AMENDMENTS to the extent practicable, relevant environ- ADDITIONAL SPONSORS mental reports that have been developed by Under clause 6 of rule XXIII, pro- Under clause 4 of rule XXII, sponsors other Federal and State agencies. posed amendments were submitted as were added to public bills and resolu- Page 28, line 9, strike ‘‘(A)’’ and insert follows: ‘‘(B)’’, line 19, strike ‘‘and’’, line 23, strike tions as follows: H.R. 1020 ‘‘in a generic manner.’’ and insert ‘‘; and’’, H.R. 42: Mr. CONYERS. insert after line 23, the following: OFFERED BY: MRS. VUCANOVICH H.R. 218: Mr. SMITH of Texas, Mr. SHAW, ‘‘(iii) shall adopt the Environmental Im- Mr. CAMP, Mr. BARR, Mr. SISISKY, Mr. FRISA, AMENDMENT NO. 1: Page 17, strike lines 17 pact Statement prepared by the Department Mr. JONES and Mr. QUILLEN. through line 5 on page 18. of Energy to the extent practicable.’’. Page 18, line 6, strike ‘‘(2)’’ and insert H.R. 266: Mr. EVANS. Page 28, line 24, strike ‘‘(B)’’ and insert ‘‘(1)’’, and beginning in line 6 strike ‘‘Con- H.R. 282: Mr. GEJDENSON. ‘‘(C)’’. struction’’ and insert ‘‘The Secretary’s ac- H.R. 351: Mr. MCCOLLUM. H.R. 1020 tivities in connection with the designation of H.R. 497: Mr. GUNDERSON, Mr. LONGLEY, Mr. a route, the acquisition of rights-of-way, and OFFERED BY: MRS. VUCANOVICH BARCIA of Michigan, and Ms. PRYCE. the construction’’. AMENDMENT NO. 7: Page 31, insert before H.R. 519: Mr. JONES. Page 18, line 18, strike ‘‘(3)’’ and insert the period in line 2 the following: ‘‘if such H.R. 911: Mr. WICKER, Mr. WARD, and Mr. ‘‘(2)’’, and beginning in line 21 strike ‘‘the storage does not exceed the phase limits in JOHNSTON of Florida. need for’’ and all that follows through subsections (c)(2) and (c)(3)’’. H.R. 1047: Mr. MCCOLLUM. ‘‘transportation’’ in line 25 and insert ‘‘the H.R. 1020 H.R. 1078: Mr. FILNER. timing of the initial availability of the OFFERED BY: MRS. VUCANOVICH H.R. 1210: Mr. EMERSON. transportation facilities or alternative AMENDMENT NO. 8; Page 32, insert after the H.R. 1261: Mr. TORRICELLI. means of transportation’’. H.R. 1448: Mr. BRYANT of Tennessee. period in line 14 the following: H.R. 1020 H.R. 1462: Mr. BEILENSON, Mr. FOX, Mr. No amount may be expended from the Nu- OFFERED BY: MRS. VUCANOVICH RAMSTAD, Mr. FARR, Mr. KOLBE, Mr. DAVIS, clear Waste Fund during fiscal years 1996 Mr. FAZIO of California, Mr. KLINK, Mr. GIL- AMENDMENT NO. 2: Page 23, strike lines 6 through 2000, or otherwise appropriated for MAN, Mr. BROWN of Ohio, Mr. THOMPSON, and through 17 and insert: such fiscal years, for site characterization of Mr. BOEHLERT. ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- the Yucca Mountain site in the State of Ne- H.R. 1500: Mr. LAZIO of New York, Mr. retary shall provide technical assistance and vada. FRANKS of New Jersey, and Mr. ROSE. funds to States, affected units of local gov- Page 33, insert after line 9 the following: ernment, and Indian tribes through whose ‘‘(5) STUDY.— H.R. 1619: Mr. CRAPO. jurisdiction the Secretary plans to transport ‘‘(A) IN GENERAL.—The National Academy H.R. 1757: Mr. STUPAK, Mr. HOUGHTON, Mr. spent nuclear fuel or high-level radioactive of Sciences shall conduct a study to examine ACKERMAN, Mr. DELLUMS, and Mr. MENENDEZ. waste for transportation planning and for and recommend a scientific means for deter- H.R. 1946: Mr. PETERSON of Minnesota, Mr. training and equipping public safety officials mining a suitable location for a repository HANCOCK, Mr. ROHRABACHER, Mr. HEINEMAN, and emergency service providers of appro- for the permanent deep geologic disposal of Mr. LATHAM, and Mr. HERGER. priate units of local government. Training high-level radioactive waste and spent nu- H.R. 1950: Mr. EVANS. and equipment shall cover procedures and re- clear fuel, including whether examination of H.R. 1972: Mr. NETHERCUTT. quirements for safe routine transportation of a single potential site or simultaneous exam- H.R. 2180: Mr. STOCKMAN. these materials, as well as dealing with ination of multiple potential sites is the H.R. 2270: Mr. OXLEY, Mr. FUNDERBURK, and emergency response situations. The Sec- most scientifically valid approach. Mr. GRAHAM. retary’s duty to provide technical and finan- ‘‘(B) CONSULTATION.—In conducting the H.R. 2310: Mr. DORNAN. cial assistance under this subsection shall study under this paragraph, the National H.R. 2320: Mr. SMITH of New Jersey, Mr. commence within 90 days of the date of the Academy of Sciences shall consult with the HOKE, Mr. BARTON of Texas, Mr. QUINN, Mr. enactment of this Act.’’. Secretary of Energy, the Nuclear Regulatory SMITH of Texas, Mr. KENNEDY of Massachu- H.R. 1020 Commission, the Administrator of the Envi- setts, Ms. DANNER, and Mr. BARTLETT of ronmental Protection Agency, the Nuclear OFFERED BY: MRS. VUCANOVICH Maryland. Waste Technical Review Board, and other in- H.R. 2463: Mr. THOMPSON. AMENDMENT NO. 3: Page 24, insert after the terested persons. H.R. 2472: Mr. BARCIA of Michigan, Mr. period in line 9 the following: ‘‘Such a facil- ‘‘(C) REPORT.—The National Academy of DELLUMS, Ms. KAPTUR, Mr. EVANS, Mr. ity may not be located in any State which Sciences shall, not later than September 30, BROWN of Ohio, Ms. FURSE, Mr. OWENS, Mr. does not have a licensed commercial nuclear 1998, submit to the Congress a report setting FORBES, Mr. GENE GREEN of Texas, Mr. JOHN- reactor.’’. forth its findings and recommendations as a STON of Florida, and Mrs. KELLY. H.R. 1020 result of the study conducted under this H.R. 2507: Mr. HUTCHINSON. OFFERED BY: MRS. VUCANOVICH paragraph. H.R. 2566: Mr. JOHNSTON of Florida and Mr. AMENDMENT NO. 4: Page 24, line 19, insert H.R. 1020 DUNCAN. ‘‘(1)’’ after ‘‘provide’’. OFFERED BY: MRS. VUCANOVICH H.R. 2579: Mr. ROMERO-BARCELO´ , Mr. Page 24, insert before the period in line 24 AMENDMENT NO. 9: Page 36, insert after the COSTELLO, Mr. BEVILL, Mr. TUCKER, and Mrs. the following: ‘‘(2) for on-site capability to period in line 10 the following: ‘‘In seeking HILLIARD. open a storage canister, and if necessary (3) modifications to the repository licensing H.R 2604: Mr. MOORHEAD. for the repackaging of the spent nuclear fuel procedure, the Secretary shall evaluate the H.R 2634: Mr. BARTLETT of Maryland. contained in such facility’’. merits of emplacing waste at the site and H.R 2654: Mr. OWENS and Mr. GENE GREEN H.R. 1020 consider whether acceptable results could be of Texas. OFFERED BY: MRS. VUCANOVICH obtained from carrying out confirmatory H.R 2664: Mr. SCOTT, Mrs. KELLY, Ms. NOR- AMENDMENT NO. 5: Page 25, beginning in tests at off-site Federal nuclear facilities or TON, Mr. BLILEY, Mr. MENENDEZ, Mr. KLECZ- line 23, strike out ‘‘100 years’’ through ‘‘Sec- laboratories.’’. KA, Mr. CHAPMAN, Mrs. CHENOWETH, and Mr. retary’’ in line 25 and insert ‘‘50 years’’. KLUG. H.R. 1020 H.R 2704: Mr. FAWELL, Mr. FLANAGAN, Mr. H.R. 1020 OFFERED BY: MRS. VUCANOVICH EWING, Mr. MANZULLO, Mr. COSTELLO, Mr. OFFERED BY: MRS. VUCANOVICH AMENDMENT NO. 10: Page 36, strike line 11 RUSH, Mr. DURBIN, Mr. LIPINSKI, Mr. YATES, AMENDMENT NO. 6: Page 26, strike lines 2 and all that follows through line 24, on page Mr. WELLER, Mr. PORTER, Mr. LAHOOD, Mr. through 16, in line 17 strike ‘‘2’’ and insert 38, and insert the following: H 14240 CONGRESSIONAL RECORD — HOUSE December 7, 1995

‘‘(d) LICENSING STANDARDS.—The Adminis- State, and local environmental or land use requirement (including any law, regulation, trator of the Environmental Protection laws, requirements, or orders of general ap- or order requiring any license, permit, cer- Agency shall promulgate standards for pro- plicability not preempted by applicable Fed- tificate, authorization, or approval, or set- tection of the public from releases of radio- eral law, including those requiring permits ting any standard, criterion, or limitation) if active materials or radioactivity from the or reporting, or those setting standards, cri- the President determines the requirement repository based upon, and consistent with, teria, or limitation. was imposed for the purpose of delaying or the findings of the National Academy of ‘‘(b) APPLICATION OF FEDERAL LAW.—If the obstructing construction or operation of the Sciences as provided in section 801 of the En- requirements of any law are inconsistent interim storage facility, transportation fa- ergy Policy Act of 1992. with or duplicative of the requirements of cilities, the repository, or associated facili- the Atomic Energy Act and this Act, the H.R. 1020 ties under this Act. Secretary shall comply only with the re- OFFERED BY: MRS. VUCANOVICH quirements of the Atomic Energy Act and H.R. 1020 AMENDMENT NO. 11: Page 68, strike line 19 this Act in implementing the integrated OFFERED BY: MRS. VUCANOVICH and all that follows through line 5 on page management system. 69, and insert the following: ‘‘(c) EXEMPTION.—Notwithstanding sub- AMENDMENT NO. 12: Page 68, beginning in ‘‘(a) IN GENERAL.—The Secretary shall be section (a), the President shall exempt the line 23 strike ‘‘Any’’ and all that follows subject to and comply with all Federal, Secretary from any Federal, State, or local through line 5 on page 69. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, THURSDAY, DECEMBER 7, 1995 No. 194 Senate The Senate met at 9 a.m. and was The PRESIDENT pro tempore. The SIONAL RECORD and deserve the atten- called to order by the President pro clerk will call the roll. tion of the U.S. Senate because I think tempore [Mr. THURMOND]. The assistant legislative clerk pro- air passengers are very much at risk ceeded to call the roll. today. PRAYER Mr. BURNS. Mr. President, I ask The Chaplain, Dr. Lloyd John unanimous consent that the order for I am unconvinced that the situation Ogilvie, offered the following prayer: the quorum call be rescinded. is being looked at with the urgency it Almighty God, thank You for the gift The PRESIDING OFFICER (Mr. demands, and my great fear is that it is of vibrant confidence based on vital CAMPBELL). Without objection, it is so going to take a major human tragedy convictions. We are confident in Your ordered. to really get the kind of attention the unlimited power. Therefore, at no time The Senator from Montana is recog- situation needs. are we helpless or hapless. Our con- nized. fidence is rooted in Your Command- This morning I want to urge the FAA Mr. BURNS. I thank the Chair. to make the acquisition of new and re- ments. Therefore, we are strengthened (The remarks of Mr. BURNS per- liable equipment its highest priority. by Your absolutes that give us endur- taining to the introduction of S. 1453 In the past, the FAA has resisted incre- ing values. Our courage is based on the are located in today’s RECORD under assurance of Your ever-present, guiding ‘‘Statements on Introduced Bills and mental improvements in the Nation’s spirit. Therefore we will not fear. Our Joint Resolutions.’’) air traffic control system in favor of hope is rooted in trust in Your reli- Mr. BURNS. Mr. President, I suggest huge changes that never materialize. ability. Therefore, we will not be anx- the absence of a quorum. This leaves centers across the United ious. Your interventions in trying The PRESIDING OFFICER. The States that are operated by mainframe times in the past have made us experi- clerk will call the roll. computers and vacuum tubes that are enced optimists for the future. There- The assistant legislative clerk pro- over 25 years old. The irony here is fore, we will not spend our energy in ceeded to call the roll. that the air equipment, the planes in useless worry. Mrs. FEINSTEIN. Mr. President, I You have called us to glorify You in the air, are new. The system that con- ask unanimous consent that the order our work here in this Senate. There- trols their safety is old and failing. for the quorum call be rescinded. fore, we give You our best for this Backup systems are being used more The PRESIDING OFFICER. Without day’s responsibilities. You have guided and more frequently, and in some cases our beloved Nation through difficult objection, it is so ordered. Mrs. FEINSTEIN. Mr. President, the backup is no more reliable than the periods of discord and division in the equipment it is replacing. past. Therefore, we ask for Your help thank you very much. in the present debate over crucial f The following is a summary of inci- dents of equipment failure in the San issues today. Thank You for the cour- AIR TRAFFIC CONTROL FAILURES age that flows from our unshakable Francisco Bay area since August of Mrs. FEINSTEIN. Mr. President, I confidence in You. In the name of this year. have asked my staff in California to Jesus. Amen. begin to monitor air traffic control Let me begin with August 8, 1995. The f failures. They have started with the Bay TRACON system located at the RESERVATION OF LEADER TIME San Francisco Bay area, and I would Oakland airport, controlling the entire The PRESIDENT pro tempore. Under like to make a report this morning on bay area airspace at below 15,000 feet, the previous order, the leadership time what they have found in the last 5 experienced partial radar failure for 3 is reserved. months. to 5 minutes before reliable radar data The San Francisco Bay area is essen- f was displayed on controller scopes. tially controlled out of Oakland where The next day, August 9, 1995, the air MORNING BUSINESS nearly 18 million square miles of air- traffic control center at Oakland lo- The PRESIDENT pro tempore. Under space is under control by air traffic the previous order, there will now be a controllers. Next week I would like to cated in Fremont, covering 18.3 million period for the transaction of morning make a report on Los Angeles. miles of airspace, suffered a total fail- business not to extend beyond the hour I sent this in writing to the Sec- ure of radar, radio, and landline com- of 10:30 a.m. retary of Transportation. But I believe munications, including backup sys- Mr. CAMPBELL. Mr. President, I the findings of the last 5 months really tems. Radar remained out for 34 min- suggest the absence of a quorum. deserve to be printed in the CONGRES- utes. Radios and landlines were out for

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

S18117

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VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18118 CONGRESSIONAL RECORD — SENATE December 7, 1995 21 minutes. There were 295 airplanes the country. We cannot continue to Several of us have gathered this airborne under Oakland’s ARTCC’s function with a system that often fails morning for the purpose of discussing control at the time of the outage. and leaves the safety of airline pas- the President’s veto, the benefits of the A few weeks later, August 22, a power sengers in question. budget that the President unfortu- failure at Bay TRACON disabled Oak- These equipment outages, along with nately vetoed, and the budget situation land’s radar system again. Backup a recent Los Angeles Times report of this Congress and our country finds radar provided only 85 percent coverage equipment falling off old aircraft and itself in. and took 3 to 5 minutes to come on very nearly landing on human beings, At this time I will yield 5 minutes to line. has me very worried about public safe- the Senator from Wyoming. And 3 days later, August 25, 1995, a ty. What concerns me more than these The PRESIDING OFFICER. The Sen- dual sensor problem disabled Bay dangers, however, is the FAA’s assess- ator from Wyoming is recognized for 5 TRACON’s Oakland radar system. ment that no lives are at risk. minutes. September 6, the controllers lose Given the above list of outages along f power to voice and computer data lines with reports of equipment nearly kill- at Oakland ARTCC used to control and ing people as it falls from the sky, I A BALANCED BUDGET track aircraft over the Pacific Ocean. find this extremely difficult to believe. Mr. THOMAS. Mr. President, I thank The next day, September 7, 1995, the Some action must be taken. the Senator. I think all of us are very main and backup power supply fails at It has been suggested that the FAA concerned about where we go from Oakland ARTCC. Power is not restored could operate more effectively if re- here, concerned about the President’s in time to preserve the data base in the moved from the Department of Trans- veto of the first balanced budget pro- oceanic computer known as ODAPS. portation. I am not certain if that is posal that could have succeeded in 30 Controllers rebuild the data base the answer, but it is obvious to me that years. The President cannot continue manually when the computer power is some dramatic improvements must be to veto the will of the American people returned. The shutdown lasted 4 hours. made in order to ensure the safety of who list as their top priority balancing A few days later, September 13, 1995, the flying public. the budget. the Bay TRACON’s Oakland radar I would like to offer any necessary You say why, why is that a top pri- failed three times when a 26-year-old and appropriate assistance to facilitate ority? Not simply because it is good microwave link malfunctioned. The a change in the priorities of the Fed- government, not because it is financial first failure lasted 32 minutes. The sec- eral Aviation Administration. I look and fiscal responsibility, but because ond failure lasted 81 minutes. And the forward to working with my colleagues they understand, and Wyoming fami- third failure lasted for hours. toward a solution to this increasingly lies understand, as do others, that Two weeks later, September 25, 1995, alarming situation. every day the Government fails to bal- Next week I hope to come before the an internal power failure at Bay ance the budget, more money is taken Senate to discuss similar incidents at TRACON disabled so-called noncritical from their families’ futures. Los Angeles International Airport. I systems and caused air-conditioners to Families are thinking down the road, yield the floor. fortunately. They care about the world go out. Controllers were exposed to 90- PRESIDING OFFICER. The Sen- their children will inherit and the fact degree heat in the control room, com- ator’s time has expired. puters overheated and failed due to the Mrs. FEINSTEIN. I thank the Chair. that we are ready to move into a new extreme temperature increase. Mr. CRAIG addressed the Chair. century, and they ask themselves what October 1, 1995, a power surge at The PRESIDING OFFICER. The Sen- kind of a Government will we pass on Moffett Field caused a radar site to ator from Idaho. to our children and our grandchildren? Will it be the one with the credit card switch to engine generators. While re- f pairs were being made the next day, maxed out? That is where we are now. the bay area was without a backup sys- BALANCING THE BUDGET So these families think about what is tem for 7 hours. Mr. CRAIG. Mr. President, we had coming in the future. Unfortunately, October 27, 1995, during the morning asked last night for a period of a spe- the Clinton administration thinks inbound rush and foggy conditions, the cial order this morning to discuss the about the next election. Had the Presi- Bay TRACON computer froze and President’s veto of the Balanced Budg- dent come to the snubbing post and caused controllers to perform auto- et Act of 1995. Certainly I, and I think done the right thing, Wyoming families mated functions manually. a good number of Americans, Mr. would have saved money. They would November 3, 1995, faulty computer President, watched yesterday as this have saved $2,404 per year—these fig- connections forced air traffic control- President with grand theater and style ures were done up by the Heritage lers in Fremont to track aircraft with worked overtime to cover up the fact Foundation on a State-by-State basis— a backup system for nearly 48 hours. that he has not produced a balanced $2,400 per year on lower mortgage pay- November 28, just a few days ago, air- budget and in fact cannot, given his ments, over $300 a year due on State port surveillance radar at the Oakland agenda, produce a budget that will be and local interest payments, $500 per airport goes down for an hour. in balance by the year 2002. year on lower interest payments for Needless to say, it is a miracle that Instead, yesterday he accused Repub- student loans. These are for average no collisions have occurred. This is the licans of not recognizing the need for families in Wyoming. fourth busiest airspace in the Nation. education, of not recognizing the need The State and local governments in The situation and the growing fre- to strengthen and save Medicare. And, Wyoming—we want to transfer some of quency of outages across the United of course, that simply is not true and that responsibility—would have saved States are simply disasters waiting to the American public knows it. $57 million over 7 years on lower inter- happen. The Balanced Budget Act of 1995 that est rates brought about by balancing These examples from the San Fran- the President vetoed yesterday recog- the budget. cisco Bay area are symptomatic of a nizes the importance of education and So the issue of balancing the budget nationwide problem. At a time when does not cut student loans. It recog- is the most critical one. We have to the private sector is building the most nizes the importance of a sound Medi- balance the budget because of the im- advanced airplanes in the world, the care system to seniors and strengthens pact it has on families and the benefits FAA is still using equipment that is Medicare into the year 2000, by spend- that come from it. The deficit is rob- over a quarter of a century old. ing nearly an additional $2,000 per bing our families’ bank accounts. It I realize that resources are an issue. Medicare recipient in the year 2002, must be budgeted. And anything else is Yet the airport and airways trust fund compared with 1995. And certainly that the wrong thing to do. which funds the FAA has an annual is also true of Medicaid, which is re- The Clinton administration has done budget of $12 billion a year. I cannot turned to the States for greater effi- less than the responsible thing. I think stress enough the importance of this ciencies and greater humanity as we have to start talking about that and money translating into new equipment States deal with applying Medicaid to not let them get by with going to the for air traffic control centers across the truly needy of our society. media and saying, ‘‘We’re protecting

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18119 this and we’re protecting that. We GREGG, 2 hours; Senator HOLLINGS, 2 et, they again found endless annual can’t do this.’’ We have to balance the hours; Senator BIDEN, 2 hours; Senator deficits—in excess of $200 billion. Now budget. And this administration has BUMPERS, 20 minutes. Further, that fol- the President says he is going to send done what I think is the most selfish lowing the expiration or the yielding us a third budget, and this one will be thing, and that is to play the political back of the previously mentioned de- balanced in 7 years. I am a little cyn- game at the expense of American fami- bate time, the Senate vote on the adop- ical simply because I have been there lies. tion of the conference report with no before. I am from Missouri—maybe— The President has not done anything intervening action or debate. when in reality I am from Alaska, but The PRESIDING OFFICER. Without to bring about real change. In 1993, we the same point is applicable. After two had the largest tax increase the world objection, it is so ordered. false starts, I wish to see something has ever known. But spending contin- Mr. CRAIG. I thank the Chair. real. ued to go up, and we have not balanced Now let me yield 5 minutes to the the budget. He has proposed two budg- Senator from Alaska, to speak on the I hope the President does send us a ets this year, neither of them balanced. President’s veto of the budget. balanced budget, but I have had an op- Neither of them got any votes in this The PRESIDING OFFICER. The Sen- portunity this morning for a preview of Senate. He now proposes to bring up ator from Alaska [Mr. MURKOWSKI] is what we anticipate is his effort, and it recognized for 5 minutes. does not balance. It simply does not another one today. We will see. But he Mr. MURKOWSKI. I thank my col- is going to do it without CBO numbers, league from Idaho. I wish the President balance. So as a consequence, I fear we without real numbers. a good morning. are facing a third situation where the Now, people say, what is CBO? What f President has sent us something that is is OMB? What is the difference? I can totally unacceptable. tell you what the difference is. CBO is PRESIDENTIAL VETO OF THE I hope that the President will be will- real numbers. You can balance the BALANCED BUDGET ing to recognize and give the American budget, if you fool with the projec- Mr. MURKOWSKI. Mr. President, family the relief they need from taxes. tions, without really balancing the yesterday, President Clinton, with a budget. Raise the projections out here great deal of fanfare and theatrics, ve- I hope he will give Americans incen- 7 years from now when you are no toed the first balanced budget legisla- tives to invest in our future and save. longer President and it is painless to tion sent to any President in the last I hope that he would give Americans an do it in the meantime. It is also phony. three decades. Think about that a mo- opportunity for hope—hope that Gov- We cannot do that. ment, Mr. President. The first balanced ernment can be downsized, more effi- We see this leadership in this admin- budget legislation sent to any Presi- cient, more responsive. And I hope he istration trying to patch the walls of a dent in nearly three decades was ve- will give America the economic secu- crumbling welfare state. Talking about toed yesterday by President Clinton. rity that will come from allowing oil the Great Society, we spent $5 trillion What is the accumulated debt of this exploration to proceed in ANWR, which in these welfare programs and they country? It is $4.9 trillion. That oc- I note in his veto statement he re- have not worked. You cannot expect curred as a consequence of prevailing jected. different results if you continue to do Democratic control of both the House On that point, I would like to defer the same thing. You need real welfare and Senate during those decades. to his veto statement where he sug- The veto was very well orchestrated, reform. We need to guard and protect gests, under title V, the opening of the with the President deciding to use the Medicare. And we need to think about Arctic National Wildlife Refuge to oil what kind of country we want as we go same pen that the late President Lyn- don Johnson used to sign the original and gas threatens a unique, pristine into the 21st century. The balanced ecosystem in hopes it will generate $1.3 budget is the way to proceed. Medicare legislation back in 1965. How- billion in Federal revenues, revenues Mr. President, there are a number of ever, in what may be a metaphor for principles that need to be followed. this President, when he put pen to the based on wishful thinking, and out- First of all, if we are going to have a paper, nothing happened; the pen was dated analysis. balanced budget, we have to start with out of ink, just as the President is out Mr. President, the wishful thinking honest numbers. Certainly, you can of ideas and just as Medicare is out of is in the eyes of some of America’s en- argue about the projections, but you money. vironmental community that focuses have to start with real numbers and be Mr. President, the American public on this as a cause for membership and willing to make the changes that are deserves better. Throughout the entire a cause of raising dollars at the ex- necessary to make that balance. You year, Republicans in Congress have pense of our national energy security, have to reduce Washington spending, worked night and day to develop and and at the expense of our jobs and at which is as important as balancing the pass a real balanced budget along with the expense of American technology. family tax relief. There were some budget. You could balance it, I suppose, Geologists have indicated that this by raising taxes. But we need to bring Democrats who worked with us. And area is the most likely area in North down spending. We have to ensure what has the President done this year? America where a major oil discovery Medicare solvency. We have to make Absolutely nothing. He has spoken could take place. And to suggest the some changes to do that. We have to empty rhetoric about wanting to bal- have real welfare reform. Welfare re- ance the budget. arguments that prevailed against form without results is not what we Mr. President, there is a difference Prudhoe Bay 20 years ago are now want. We have to change that. We have between wanting and doing. President being applied to the opening up of to put some more power in the people Clinton has submitted two budgets this ANWR are not realistic is really selling in the States and move government year. The first one—think about this— American technology and ingenuity closer to the people, and we must do it the first one did not receive a single short. This could be the largest single now. vote, Democrat or Republican, when we job producer in the United States for Mr. President, I yield the floor. voted on it in the Senate, not one sin- the remainder of the century. It could Mr. CRAIG addressed the Chair. gle vote, because the President’s first be the largest contributor, if you will, The PRESIDING OFFICER. The Sen- budget would have led us to unending to an increase in tax revenue for the ator from Idaho. deficits and a sea of red ink for the in- Federal and State governments. The f definite future. consequence of the President’s short- He came along and said his second UNANIMOUS-CONSENT sightedness in dismissing this really budget would balance in 10 years. But underestimates the capability of Amer- AGREEMENT—H.R. 2076 like everything else with this Presi- ica’s can-do spirit and advanced tech- Mr. CRAIG. Mr. President, before I dent, rhetoric and reality are incon- nology. yield to the Senator from Alaska, I ask sistent. It is what the polls say that unanimous consent that debate time motivates the actions down at the Mr. President, I think it is fair to say on the Commerce, State, Justice appro- White House. the American public today is fed up priations conference report, H.R. 2076, When the Congressional Budget Of- with this lack of leadership. The Amer- be limited to the following: Senator fice scored the President’s second budg- ican public wants a balanced budget

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18120 CONGRESSIONAL RECORD — SENATE December 7, 1995 they can understand. They do not un- billion per year into family budgets across on the average family home. The $1,000 in derstand the dispute between the OMB the country so that working parents can pro- tax relief the congressional tax-cut plan and the CBO figures. They want a bal- vide for their children in a way no govern- would give to a family with two children anced budget that simply says the rev- ment program can. would help this family pay one month’s As congressional Republicans negotiate mortgage payment. enue will equal the outflow. We got with the White House on a compromise plan Millions of families stand to benefit.—The into this situation as a consequence of to balance the budget by 2002 and provide tax families of 51 million American children, or spending more money than we gen- cuts, they should resist pressure to scale 28 million taxpaying families, are eligible for erated in revenues, and there is only back the $500-per-child tax credit as a price the $500-per-child tax cut. one way to correct that: Either for cutting a deal. Those who argue that Family tax relief helps families in every state.—The typical congressional district through increased revenues or reduced Washington cannot ‘‘afford’’ such generous tax cuts while the government is trying to has some 117,000 children in families eligible spending. for a $500 tax credit. Thus families in the We Republicans, I think, have deliv- balance the budget are, in effect, arguing for higher spending. The budget will not be bal- typical district would receive $54 million per ered a responsible pledge. It is now up anced any faster if the amount of the per- year in tax relief. to the President to transform his words child credit is reduced below $500 or if the in- Congress’ $500-per-child tax credit would into deeds. It is time for the President come for which families are eligible is low- eliminate the entire income tax burden for 3.5 million taxpayers caring for 8.7 million to get serious, to send us his proposals ered from its current level of $110,000 for children.—These 3.5 million families will re- joint filers.3 Any money not put back in the for balancing the budget with no phony ceive over $2.2 billion per year in tax relief. checkbooks of working families with chil- numbers, no rosy scenarios. And it is Families with two children earning up to dren through tax cuts, is more money in the time for the posturing to end and the $24,000 per year would see their entire in- checkbook for politicians and bureaucrats to serious business of balancing the budg- come tax burden eliminated by a $500-per- spend while the budget is moving toward bal- child tax credit, and families with three chil- et to begin. ance. dren earning up to $26,000 also would have I thank my colleagues and wish them Congressional and White House negotiators their income tax bill eliminated. a good day. should keep in mind that for parents with Most families are middle-class.—The $500 Mr. CRAIG addressed the Chair. two children, the $1,000 tax cut they would child credit plan will direct 89 percent of all The PRESIDING OFFICER (Mr. receive under this plan could mean the dif- benefits to families with adjusted gross in- THOMAS). The Senator from Idaho. ference between paying the mortgage and comes below $75,000 per year—middle-income Mr. CRAIG. Mr. President, before I not. Indeed, as the table below shows, a $1,000 by any standard—and over 96 percent to fam- tax cut for the typical family with two chil- ilies with incomes below $100,000. yield to the Senator from Michigan, I dren is enough to pay one month’s mortgage ask unanimous consent to have printed Cutting taxes for all families—regardless and grocery bills, or 11 months worth of elec- of income—is fair.—Congress’ plan will cut in the RECORD a study by the Heritage tric bills, or nearly 20 months worth of cloth- the income tax burden of a family of four Foundation called ‘‘Balanced Budget ing for the children. In other words, a $1,000 earning $30,000 per year by 51 percent and the Talking Points: The $500–Per-Child Tax tax cut is a significant amount of money for income tax burden of a family earning $40,000 Credit,’’ which discusses what it would most families’ household budgets. per year by 30 percent. Meanwhile, a family mean to a typical middle-income fam- of four earning $75,000 would see their tax ily in this country to have the middle- WHAT THE $500-PER-CHILD TAX CREDIT MEANS FOR A burden reduced by 12 percent, and a family class family tax credit that was in the FAMILY WITH TWO CHILDREN earning $100,000 per year would receive a tax cut of just 7.4 percent. Balanced Budget Act vetoed yesterday. How Mr. CRAIG. Mr. President, I now In having this printed in the RECORD, many yield 5 minutes to the Senator from let me suggest that a family of four Annual months of household this item Michigan, Senator ABRAHAM. spends on the average $3,986 a year in Family budget item cost for a Monthly can be family of cost pur- The PRESIDING OFFICER. The Sen- groceries, or about $332 a month. What 4 chased ator from Michigan. the President did yesterday was take with f away from the average American fam- $1,000 ily 3 month’s—3 month’s—worth of gro- Groceries ...... $3,986 $332 3.0 PROMISES TO BALANCE THE Mortgage payment (principal, interest, BUDGET cery bills. and taxes) ...... 7,972 664 1.5 There being no objection, the mate- Natural gas ...... 333 28 36.0 Mr. ABRAHAM. Thank you, Mr. Electricity ...... 1,085 90 11.1 rial was ordered to be printed in the Telephone ...... 803 67 14.9 President. I rise today to echo the com- RECORD, as follows: Water ...... 331 28 36.3 ments made by my friend from Idaho Children’s clothing ...... 612 51 19.6 THE $500-PER-CHILD TAX CREDIT MEANS ONE Auto payments ...... 3,325 277 3.6 and my friend from Alaska with re- MONTH’S FOOD AND MORTGAGE FOR A TYP- Gasoline purchases ...... 1,397 116 8.6 spect to the President’s decision to ICAL AMERICAN FAMILY Health insurance ...... 817 68 14.7 Medical services ...... 749 62 16.0 veto our Balanced Budget Act. (By Scott A. Hodge, Grover M. Hermann Drugs and medical supplies ...... 366 31 32.8 Mr. President, I am new to the Sen- Fellow in Federal Budgetary Affairs) Personal care products and services .. 526 44 22.8 Educational expenses ...... 739 62 16.2 ate. I was elected last year, but for ‘‘If you take the $500 a year tax credit, and I Life and other personal insurance ...... 557 46 21.5 years I have followed the actions in figure, you know, $5 for a bottle of wine, Personal services (babysitting, child Congress. I have observed the various care, etc.) ...... 536 45 22.4 that is 100 bottles of wine for a family.’’ 1— people who came to Washington, in- Congressman Jim McDermott (D–WA) Source.—Heritage calculations, based on Bureau of Labor Statistics, Con- sumer Expenditure Survey, 1992–93. cluding Presidents, and talked about Contrary to what elitists in Washington how important it was to balance the would have the public believe, for most hard- There are also sound policy reasons to cut budget. In fact, the President himself working American families raising children taxes for families with children: promised to balance the budget when a $500 tax cut for each child is not an insig- Families with children are overtaxed.—In nificant amount of money. This is especially 1948, the average American family with chil- he was a candidate in 1992. He promised true as many families no doubt are won- dren paid only 3 percent of its income to to balance the budget in 5 years. dering how they will be able to afford the Uncle Sam. Today the same family pays 24.5 We have now gone 25 years without a $432 some surveys report each household ex- percent. balanced budget, 25 years of red ink, 25 pects to spend this holiday season.2 Yet the Giving a family of four a $500-per-child tax years in which the people who ran for families of 51 million children, or over 28 credit is equivalent to giving them one office promising to get the job done million families in all, will be denied relief month’s mortgage payment.—The average failed their fellow countrymen and from their financial worries by President family now loses $10,060 per year of its in- constituents. Bill Clinton’s expected veto of Congress’s come due to the 45-year increase in federal Over that period of time, a lot of fin- seven year balanced budget and tax cut plan, taxes as a share of family income. This tax ger pointing has gone on. Each side of which had as its centerpiece a $500-per-child loss exceeds the annual mortgage payment tax credit. This tax cut would pump over $22 the political arena has said, ‘‘Well, it’s the other side’s fault.’’ Yet during that 3 For taxpayers filing jointly with incomes above 1 Tax Provisions in the Contract With America De- $110,000 the credit phases out at a rate of $25 for each time, no balanced budget was ever pre- signed to Strengthen the American Family, Hear- $1,000 above the threshold (a range of $20,000), thus sented to a President by a Congress, ings before the Committee on Ways and Means, U.S. fully phasing out at $130,000 in income. For families and, as I recall, no President has come House of Representatives, January 17, 1995 p. 30. with two children, the two credits this family is eli- to Congress with a balanced budget. In- 2 Bureau of National Affairs, ‘‘Conference Board, gible for are fully phased out at $150,000 in income. Arthur Anderson Polls Put Moderately Upbeat Face For single filers, the credit begins to phase out at stead, all we’ve had is partisan rhet- on Holiday,’’ November 24, 1995. $75,000 in income. oric.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18121 This Congress has been different, Mr. appointed when they realize the Presi- I have consistently said that if Congress President. This Congress has, for the dent’s veto also denied the families in sends me a budget that violates our values, first time during this period of red ink, my State substantial tax reduction, I will veto it. actually acted on its campaign com- tax reduction that would have affected I say to the President of the United mitments, actually had come to Wash- something in the vicinity of 1 million States, I find that a very curious state- ington mindful of the needs of this Michigan taxpayers. ment, in view of the budget that we country, and actually produced a bal- In particular, they are going to be have sent to you and that you have ve- anced budget, not just a balanced budg- disappointed because the provisions we toed. How, possibly, could it be wrong, et resolution, not just a balanced budg- included in this legislation to provide a or how possibly would it not be in your et conference report back in the spring family tax credit are not going to be value system to want to leave as much and the summer, but a real balanced forthcoming as so many families in our money with the average American fam- budget act which was passed in the State had hoped. ily as is possible? That is exactly what House, passed in the Senate, and then That $500 per child would mean that the Republican Congress has attempted adopted as a conference report just a families in Michigan will spend more to do in sending to you a Balanced few days ago. on the necessities of their life for their Budget Act—to go directly at middle So this President became the first kids. We talk here in the Senate all the income America, to assure that they President, as my colleague from Alas- time about children and the need to have enough money in their pockets to ka said, in years to actually have on help children. I cannot think of any- be able to feed their children, to be his desk a balanced budget bill. It was thing that would be more beneficial for able to buy a home and pay their mort- an opportunity to do what he said he the kids of our country than to provide gages, and do so in a way that families would do in his campaign and what $500 per child in the form of a tax cred- of 10 or 15 or 20 years ago were able to do, and provide then for the future. Presidents and Congresses have said it so that their moms and dads can pro- Mr. President, we all recognize the they would do for decades, to fulfill vide them with extra things they need to respond to the present, but we their commitment to put the Federal might need in the year ahead. So for that reason, families in our State, I are terribly frustrated that you have Government’s fiscal house in order. not had the wisdom to look into the fu- Unfortunately, the President chose think, are going to be extraordinarily ture, and to look into the future in a to veto this legislation. He chose to disappointed. way that recognizes that reducing debt veto the balanced budget. I hope that Mr. President, I close by saying the in this country, that reducing the an- by his actions, the American public President says he will finally come for- ward with a new budget plan. I hope nual Federal deficits and balancing the now understands exactly why it has this plan is different than the previous budget, that allowing the average been so long since we have had a bal- ones. From what I gather this morning American family to save, all mean a anced budget. better future, mean that we truly are I would like to speak just for a in the media, that is unlikely to be the concerned about a generation that minute about what the implications case. He says he has a balanced budget, but if you look at the portions already would be saddled with a debt that they are of this veto for a balanced budget reported in the press, it is apparent his had never had the opportunity to cre- for my State of Michigan, because we new plan will not get us to a balanced ate, that the average child of today have been studying the statistics, and budget. will look forward to an oppressive tax it is a very unhappy picture. Indeed, it is implausible it is a bal- burden to pay off the $18,000 to $20,000 Had the President signed the Bal- anced budget plan, since it appears it of their share of a Federal debt that a anced Budget Act, we would see in our will only reduce spending over the 7- generation long before them had de- State a dramatic change in the well- year-period of time we are discussing cided to spend on one program or an- being of our families. Two things would by approximately 2 percent. other. have happened that would be very good I do not think there is anybody in Mr. President, the budget that you for the hard-working middle-class fam- this country who thinks the $5 trillion vetoed yesterday was just as much ilies of my State. of debt we have run up and the hun- about the future as it was about the First, interest rates would begin to dreds of billions of dollars of annual present. The only problem is—and I can go down and go down substantially. deficits we have can be brought into gain from your statement—that you And second, those families would be balance simply by reducing total are worried only about the present, able to keep more of what they earned spending by 2 percent over 7 years. It about the instant gratification of the instead of sending tax dollars to Wash- simply does not add up, Mr. President. present, and your value system has, in ington. These are funny numbers, and if the some way, no capacity for dealing with In terms of interest rates, Mr. Presi- numbers presented by the President the future. dent, we would be talking about an es- today correspond to the ones he offered The Senator from Michigan spoke a timated $4,000 of savings annually on in the previous budget, which received few moments ago and related to us the the mortgages paid by the families in zero votes in the U.S. Senate, I think positive consequences of this budget on my State. I do not know one family in we all have to say, Mr. President, it is his State and the opportunities it cre- my State that would not be able to put once again time to go back to the ated. Not for the very wealthy but for that $4,000 to good use for themselves drawing board, time to go back and use the average family of four, with a hus- and their children. We would be talking real numbers, honest evaluations, and, band and wife, mother and father, about something like $500 per year in hopefully, move in support of the Re- working and bringing home $50,000 or savings for people who are paying stu- publican goal of a balanced budget that $60,000 a year collectively, or less, and dent loans, and we would be talking is going to help American families. what that means to them if they start about hundreds of dollars of savings for I yield the floor. putting that $500 tax credit away on an people who pay interest on their auto Mr. CRAIG addressed the Chair. annual basis for their children’s future. loans, not just in my State, I might The PRESIDING OFFICER. The Sen- We looked at my State of Idaho, add, but across the country. ator from Idaho. where a dollar still goes a little ways. For a State like Michigan which is so f If a young couple, a family, having dependent on the sale of automobiles, that first child, starts immediately to that is especially good news. So in that THE PRESIDENT’S VETO OF THE put that $500 tax credit away in savings sense, the impact on interest rates will BALANCED BUDGET ACT and puts it there for the child’s future, have a rippling effect in my State Mr. CRAIG. Mr. President, I have what can that family buy for that child which will undoubtedly mean fewer car been, for a few moments while the Sen- in the form of education in the coming sales and fewer jobs in the auto indus- ator from Michigan has been speaking, years when that child is ready for col- try. reading the wire story of the Presi- lege? Well, they can pay for more than So for all of those reasons the people dent’s veto yesterday of the Balanced 8 full years of college tuition and fees of Michigan are going to be dis- Budget Act of 1995. Let me quote from in our State university system—on an appointed by the President’s action. that some of the President’s words. He average, nearly 9 years, in today’s dol- But they are also going to be dis- said: lars. By any calculation, that is a

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18122 CONGRESSIONAL RECORD — SENATE December 7, 1995 bachelor’s degree, a master’s degree, year mortgage. The Balanced Budget than just the pulling out of an old an- and even a doctorate. That is what that Act says to the American family, You tique pen that started the great wel- kind of savings offers. That is how the have greater buying power. It says that fare society of our country that has Balanced Budget Act—which the Presi- an additional 104,000 new family homes well run out of ink, and trying to find dent vetoed yesterday—would have em- would be constructed and purchased in ink to veto an effort of reform that the powered Idaho’s families. that 7-year period of reduced growth in American public spoke to last Novem- Even in the ivy league schools, this Federal spending and a balanced budg- ber. tax credit buys a year or a year and a et. Under anybody’s estimation, that is Mr. President, it is significant what half of schooling across this country. big bucks for the economy. It benefits has occurred in this country. It is sig- That is a tremendously significant not just the family purchasing the nificant that the American people have value to the average American family home, but hundreds of thousands of spoken overwhelmingly in favor of bal- who holds the dream that their chil- workers—carpenters, carpenters’ help- ancing a Federal budget. dren are going to do better than they ers, masonry workers, and plumbers— Back in 1982, when I served in the have done, and they are going to help that build the homes for Americans U.S. House of Representatives, I be- provide for that child. that are going to be employed. came one of those leaders pushing a In my largest metropolitan county of Mr. President, what is your vision for balanced budget amendment to our Idaho—and Idaho is not very metro- the future? Obviously, it is not 104,000 Constitution. That was long before the politan—it is a large State with only new family homes. What about those debt was as big as it is today, or the about 1.3 million people in it—but in men and women who work in the auto- deficit seemed to become a static def- that metropolitan county of now over mobile industry of our country? It is icit of around $200 billion on an 300,000, Ada County, which includes estimated, by those same studies from annualized basis. Boise, there are over 50,900 children the Heritage Foundation, that over Those were the years we really felt it that would qualify for the $500 child 600,000 additional automobiles could be was important to get the budget under tax credit. What does that mean over manufactured and purchased by the control. As we fought to do so, one this period of time, from now through American family in this 7-year period. thing began to happen: The American the year 2002, about putting spendable That is $10 billion worth of expendi- people began to listen. They recog- tures. I do not know how you think, income back into that community? It nized, as they saw the debt of this Mr. President, but I know how the puts back into that community $144 country grow and as they saw a Con- folks of Idaho think. They want to million worth of spendable income over gress unwilling to wrestle with the real keep ahold of their own money. They the next 7 years. I will tell you, under meaning of a debt and to bring Federal want the right to spend the money anybody’s estimation—but especially spending under control, that somehow they earn. They do not believe that in the State of Idaho—that is a lot of the American public was going to have transferring it to the Federal Govern- money. That is a tremendous oppor- to do it. ment and giving the Federal Govern- I think the citizens of this country tunity for that community to grow, for ment the opportunity to spend it on truly believe that this is their Govern- those families to prosper, to buy a new something that the Federal Govern- ment. By the action of their vote, they home, to buy a car, and do all of the ment would wish is the better way to will tell those of us who represent kinds of things that fulfill the Amer- manage it. them in their Government how we ican dream. Well, those are some extremely valu- should act. Mr. President, I am not quite sure able and important figures that are all That is exactly what I believe the what is in your value system, but I tied up in this balanced budget that American public did last November know that there is no future image, the President has now vetoed. So, Mr. when they changed the 40-year-old there is no vision for America’s tomor- President, while your budgeteers are Democratically-controlled House into row, if you are willing to veto the bal- coming to the Hill on a regular basis a House with a Republican majority anced budget that we have sent to you. now and are to bring with them your and they put Republicans in a majority You have vetoed a balanced budget vision of a balanced budget and your here in the U.S. Senate. They said that not only deals with today’s needs proposal that the House and the Senate very, very clearly, ‘‘Mr. President, but, for the first time in the years that and the White House will now sit down Congress, balance the budget, and do so I have had the privilege of serving to try to work out the differences on, in a way that is meaningful. Not the Idaho in the U.S. Senate, it looks into there is one thing that is nonnego- kind of games that have been played the future. tiable and that is a 7-year balanced historically over the last three dec- For a few moments, let us talk about budget. That is the kind of tax relief ades. We want you to show us for the that future in some real ways, in a na- that truly builds incentives in the first time that you can and will bal- tional perspective, about the kind of economy to keep our economy going, ance the budget.’’ money in the average family’s pocket to keep it prospering, to create new And, Mr. President, that is exactly that is offered through a balanced jobs, and to allow the American work- what the Republican Congress has budget with tax relief. We would see a ing family more and more opportunity done. They sent to the President a bal- decline in interest rates of well over by being able to keep more of their anced budget, and this President, lack- two points—and that is not some exag- hard-earned income. ing a vision and lacking an image for geration by the Senator from Idaho, A lot of people have criticized the the future, vetoed it. that is according to national econo- idea of leaving the American family Mr. President, I yield to the Senator metric modeling, which shows that if with more money. If we had, by our from Oklahoma for such time as he you get the budget into balance, the own studies, left the American family might consume. economy of this country begins to re- the same kind of spending opportuni- Mr. INHOFE. I appreciate the Sen- spond a great deal better. Why? Be- ties that they had in 1950 when the ator yielding to me. I think it is very cause the Federal Government is tak- Government was taxing a great deal symbolic and appropriate, the pen that ing less money out of it. And the aver- less of the gross income of the average the President used to sign the veto age American family has more money working family, I would tell you that message yesterday was, indeed, the pen to spend and that generates jobs, and it would not be a $500 tax credit today, that had been used during the Great that multiplies the kind of economic it would be well over triple that Society days that started this shift in activity that we always have seen in amount. That is how much we have attitude in Government, so that Gov- this country, which has, again, pro- eroded the spending ability, the keep- ernment has a greater responsibility duced more revenue for Government ing ability, the savings ability of the for all of us, beginning back in the under stable taxing situations. American family by progressively tak- 1960’s. For example, a decrease of 1.4 percent ing away from them for what has been I think the fact that he is using that in the conventional mortgage rate— allegedly a better cause—more of their pen to veto the Balanced Budget Act of and we know it could decrease a good money to be spent by Government. 1995 is a very interesting occasion, be- deal more than that—means the relief These are very important issues, Mr. cause that is the date that all of this of nearly $10,000 over the life of a 30- President. There is more at stake here started.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18123 I remember it so well because I was a vote prior to the 14th having to do Mr. CRAIG. Mr. President, in closing, serving at that time in the State legis- with the President’s program to deploy I ask unanimous consent to have print- lature in Oklahoma. We were so con- troops on the ground in Bosnia. ed a document from the Heritage Foun- cerned at that time because the year Yesterday at the Senate Armed Serv- dation study of the impact of a bal- that I am thinking of our total debt ices Committee some very revealing anced budget in tax reductions on the was $200 billion. I remember on a TV ad things occurred. We had Secretary average family. they were trying to impress upon the Perry and General Shalikashvili, the There being no objection, the mate- people of America how much money two top people representing the Presi- rial was ordered to be printed in the that was so they had $100 bills they dent and his programs to send troops RECORD, as follows: were stacking up until it got to the into Bosnia on the ground. They testi- WHAT A BALANCED FEDERAL BUDGET WITH height of the Empire State building. fied. During their testimony, Secretary TAX CUTS WOULD MEAN FOR FAMILY COL- That is what our debt was. Perry was talking about all the peace LEGE COSTS Of course, now that is what our an- that has existed in the Tuzla area, that (John S. Barry, Research Assistant) nual deficit is, has been, and what our northeast sector of Bosnia; General Congress’s balanced budget with tax relief annual deficit would continue to be Shalikashvili was talking about how legislation will allow families with children to save more money for higher education. A under any budget that the President similar and what a fine job they have done in the training of our troops in balanced budget with tax cuts also will lead has come forth with. to lower interest rates which will benefit I am going to keep an open mind. I the very famous 6- by 12-mile box in Germany and how that so nearly students by lowering the cost of student am hoping the President will come loans. Both of these consequences of bal- forth with something that will keep his equated to the actual environment in ancing the budget over seven years with tax commitment that he made during the Bosnia. relief mean more highly skilled Americans When it came time to cross-examine, vote on the continuing resolution a for future workforces. These are the findings I asked General Shalikashvili, ‘‘Are couple weeks ago when he said that he of an analysis by The Heritage Foundation you aware that the conditions in which agreed to come up using real numbers, using one of the principal econometric mod- you are training these people do not els of the U.S. economy. CBO numbers, with a balanced budget even resemble the conditions in the According to this statistical analysis, the by the year 2002. northeast sector?’’ Balanced Budget Act developed by Congress And I agree with the Senator from He said, ‘‘No.’’ would mean: Idaho that it is so incredibly signifi- I said, ‘‘Tell me when the last time American families, over time, could save cant that we do this and do this now. I you were there was.’’ an additional $14,066 per child in today’s dol- lars to fund college education costs as a re- have said several times on the floor, I At that we discovered, Mr. President, do not believe if we pass up this oppor- sult of the $500-per-child tax credit. This that the man who is the Chairman of would cover the full tuition costs at a typ- tunity there will be another oppor- the Joint Chiefs of Staff, the architect ical public university today. tunity in my lifetime to have a bal- of the program to send Americans in on An average student could save more than anced budget or to seek a balanced the ground in Bosnia, had never been $414 over the life of a 10-year student loan as budget so we can then start working on to that part of Bosnia where he is pro- a result of lower interest rates. reducing the debt that we have piled up posing to send our troops. Economists at The Heritage Foundation in this country. When Secretary Perry talked about conducted an interim econometric analysis Again, I do not look at this as a fis- of the congressional balanced budget plan the peace that had been in effect there using the economic model developed by Lau- cal issue. It should not be looked at as I asked him a question. I said, ‘‘I was rence H. Meyer & Associates, a nationally a fiscal issue. And every time the lib- in the Tuzla area. I wore a shrapnel recognized economic consulting firm.1 The erals, holding on with white knuckles jacket. I wore a helmet. We could hear Meyer model is used by many major public to the past, to the 1960’s, to the pro- the automatic weapons going off. This agencies and private firms, such as the Presi- grams where Government has the re- is supposedly during a cease-fire. dent’s Council of Economic Advisers, the Of- sponsibility—an entitlement—to take Where is this peace you are talking fice of Management and Budget, the Board of care of people from the cradle to the about, and when is the last time you, Governors of the Federal Reserve, and the 2 grave, that Government cannot afford Secretary Perry, were in Bosnia?’’ Congressional Budget Office. to do it. He said he had never been there, ei- INCREASED FAMILY SAVINGS FROM $500-PER- CHILD TAX CREDIT I look at it as a moral issue when I ther. look at my three grandchildren and re- For the first time I realized why The high cost of a college education prices there is such a disregard for the hos- many families out of the higher education alize that statistically—and this can market or forces students and parents to all be documented—if we do not do tility of the area that we are talking about sending our troops in. It is be- incur large amounts of debt to cover the something to change the course that costs of college. we have set upon, that any child, in- cause they have not even been there. The $500-per-child tax credit included in I just want to serve notice and make cluding my three grandchildren, who is the Balanced Budget Act of 1995 would ben- sure that all Senators can be thinking born in this particular time, will have efit more than 28 million families raising about how they will vote on a very to spent 82 percent of his or her life- some 51 million children and could allow simple straight-up resolution that many families to save enough money to send time income just to service and sup- merely says we disapprove of the Presi- their children to college. A family that port Government. dent’s program to send ground troops chooses to dedicate the entire $500-per-child This is morally wrong. For all those into Bosnia. tax credit to savings for higher education people, including the President, trying Of course that does not mean we are would accumulate about $14,066 in today’s to hold on to the past, we will win this. disapproving support of the troops. We dollars over 18 years for each child’s edu- When the Senator from Idaho said, and cation. Thus, a family with two children support our troops wherever they would be able to save an additional $28,132 I heard the Senator from Wyoming ear- might be. I think we can certainly per- lier say, this was a mandate and the for college expenses. In today’s dollars, an form air operations that would be of additional $14,066 per child in family savings elections of 1994—it is clearly a man- support to that exercise, without en- for education amounts to: Five full years’ date. All the postelection surveys show dangering the lives of our Americans. tuition and fees at an average public univer- very clearly of all the mandates that Back on the budget, I am convinced sity; one full year’s tuition and fees at an av- came with that election, that totally that this is our last time in my life- erage private university; or more than the transformed the makeup of the House time that we will have to correct a and the Senate, it was a mandate to problem that began in the 1960’s, that 1 William W. Beach and John S. Barry, ‘‘What a balance the budget. those individuals—the liberals here in Balanced Federal Budget with Tax Cuts Would Mean We are committed to doing that. We this body and the other body and the to the Economy,’’ Heritage Foundation F.Y.I.No. 69, November 14, 1995. will do everything within our being to President of the United States—are 2 Laurence H. Meyer & Associates long has earned see that it happens. trying to hold on to, as I said before, top honors for forecasting accuracy when compared Mr. President, I only have one com- with white knuckles. against similar firms. In 1993, it won the ‘‘Blue ment on another subject because I I commend the Senator from Idaho Chip’’ forecasting award for the years 1989–1992. Lau- rence H. Meyer & Associates was ineligible for the think it is critical that the Senators for all the efforts he has made and the award in 1994, but again was rated the most accurate are all aware that there is going to be leadership he has shown in this effort. forecasting firm in the United States.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18124 CONGRESSIONAL RECORD — SENATE December 7, 1995 difference between the four-year cost of an a result of these savings. In addition, some anced budget legislation, see William W. average public university and the two-year students who otherwise would have to defer Beach and John S. Barry, ‘‘What a Balanced cost of an average public community college. their education plans could enter college Federal Budget with Tax Cuts Would Mean LOWER STUDENT LOAN INTEREST RATES earlier, thus increasing their lifetime earn- to the Economy,’’ Heritage Foundation The economic simulation conducted by an- ings. F.Y.I. No. 69, November 14, 1995. Alternatively, lower interest rates would alysts at The Heritage Foundation indicates For purposes of calculating the amount of allow students to borrow more money for that households and businesses would face savings from a $500-per-child tax credit, it education at the same effective cost. In es- lower interest rates under the congressional was assumed that the money was placed in a sence, students would be able to purchase balanced budget and tax cut plan than under super-IRA (as defined by the Congressional more education for the same price. The addi- current budget and tax policy. Lower inter- Budget Resolution of 1995) earning a real tional $414 might be used for such things as: est rates also would benefit students with rate of return of 5 percent per year. One full year of books and supplies; two addi- student loans. A student beginning his or her The initial rate of interest charged for a tional courses at an average public univer- education in 1996 would face interest rates student loan was assumed to be 8.25 percent. sity; or about one-third the cost of a per- that averaged half a percentage point below The 0.5 percent figure is an average decrease sonal computer. what is expected under current law: a sav- below baseline for the life of a ten-year stu- ings of $414 over the life of an average ten- TECHNICAL ASSUMPTIONS dent loan. This 0.5 percent decrease was pro- year student loan.3 More young Americans For assumptions that underlie the econo- jected in the above-cited econometric sim- will be able to afford a college education as metric simulation of the congressional bal- ulation. A FAMILY SAVING THE ENTIRE $500 PER CHILD TAX CREDIT FOR 18 YEARS COULD ACCUMULATE $14,066: PAYING FOR THEIR CHILD’S EDUCATION AT AN AVERAGE PUBLIC UNIVERSITY OR MORE THAN A YEAR’S WORTH AT A TYPICAL PRIVATE UNIVERSITY

Years of savings Years of savings Public university 4 year cost from the $500 tax Private university 4 year cost from the $500 tax credit will buy credit will buy

Alabama ...... U. of Alabama at Birmingham ...... $10,044 5.6 Spring Hill College ...... $48,492 1.2 Alaska ...... U. of Alaska Fairbanks ...... 9,952 5.7 Sheldon Jackson College ...... 37,520 1.5 Arizona ...... U. of Arizona ...... 7,576 7.4 Prescott College...... 39,840 1.4 Arkansas ...... U. of Arkansas ...... 9,208 6.1 John Brown University ...... 28,344 2.0 California ...... U. of California—Los Angeles ...... 15,572 3.6 Loyola Marymount University ...... 55,072 1.0 Colorado ...... U. of Colorado at Boulder ...... 10,796 5.2 Regis University...... 51,040 1.1 Connecticut ...... U. of Connecticut ...... 18,848 3.0 Saint Joseph College ...... 48,800 1.2 Delaware ...... U. of Delaware ...... 16,400 3.4 Wesley College...... 41,180 1.4 Florida ...... Florida State University ...... 7,192 7.8 Barry University...... 45,160 1.2 Georgia ...... U. of Georgia ...... 9,408 6.0 Mercer University...... 47,952 1.2 Hawaii ...... U. of Hawaii ...... 6,228 9.0 Chaminade University of Honolulu ...... 42,400 1.3 Idaho ...... U. of Idaho ...... 6,192 9.1 Albertson College of Idaho ...... 55,808 1.0 Illinois ...... U. of Illinois at Chicago ...... 14,792 3.8 Loyola University College ...... 46,000 1.2 Indiana ...... Indiana University—Bloomington ...... 13,492 4.2 Huntington College...... 40,800 1.4 Iowa ...... U. of Iowa ...... 9,820 5.7 Drake University...... 53,680 1.0 Kansas ...... U. of Kansas ...... 8,152 6.9 Benedictine College...... 38,640 1.5 Kentucky ...... U. of Kentucky ...... 10,040 5.6 Centre College...... 48,800 1.2 Louisiana ...... U. of New Orleans ...... 12,208 4.6 Loyola University in New Orleans ...... 45,380 1.2 Maine ...... U. of Maine ...... 14,644 3.8 Westbrook College...... 46,600 1.2 Maryland ...... U. of Maryland College Park ...... 13,920 4.0 Loyola College...... 52,720 1.1 Massachusetts ...... U. of Massachusetts—Amherst ...... 21,868 2.6 Regis College...... 50,800 1.1 Michigan ...... U. of Michigan—Ann Arbor ...... 21,888 2.6 Northwood University ...... 38,660 1.5 Minnesota ...... U. of Minnesota Twin Cities ...... 13,568 4.1 Saint Mary’s College of Minnesota ...... 43,520 1.3 Mississippi ...... U. of Mississippi State University ...... 10,244 5.5 Millsaps College...... 47,616 1.2 Missouri ...... U. of Missouri Columbia ...... 13,776 4.1 Saint Louis University ...... 43,880 1.3 Montana ...... U. of Montana—Missoula ...... 8,032 7.0 Carroll College...... 35,760 1.6 Nebraska ...... U. of Nebraska at Lincoln ...... 9,660 5.8 Creighton University...... 43,856 1.3 Nevada ...... University of Nevada Las Vegas ...... 6,960 8.1 Sierra Nevada College ...... 36,200 1.6 New Hampshire ...... U. of New Hampshire ...... 18,236 3.1 Daniel Webster College ...... 49,648 1.1 New Jersey ...... Rutgers University ...... 17,828 3.2 Seton Hall University ...... 47,200 1.2 New Mexico ...... U. of New Mexico ...... 7,536 7.5 College of Santa Fe ...... 45,512 1.2 New York ...... SUNY at Albany ...... 11,744 4.8 Saint Johns University-New York ...... 39,200 1.4 North Carolina ...... U. of North Carolina at Chapel Hill ...... 6,096 9.2 Wake Forest University ...... 55,400 1.0 North Dakota ...... U. of North Dakota ...... 9,712 5.8 Jamestown College...... 30,480 1.8 Ohio ...... Ohio State University ...... 12,348 4.6 University of Dayton ...... 47,320 1.2 Oklahoma ...... Oklahoma State University ...... 7,568 7.4 University of Tulsa ...... 47,000 1.2 Oregon ...... U. of Oregon ...... 13,032 4.3 University of Portland ...... 48,800 1.2 Pennsylvania ...... Pennsylvania State University ...... 20,144 2.8 Drexel University...... 52,304 1.1 Rhode Island ...... U. of Rhode Island ...... 16,968 3.3 Bryant College...... 50,400 1.1 South Carolina ...... U. of South Carolina at Columbia ...... 12,784 4.4 Wofford College...... 50,720 1.1 South Dakota ...... U. of South Dakota ...... 10,320 5.5 Augastana College...... 44,460 1.3 Tennessee ...... U. of Tennessee—Memphis ...... 9,916 5.7 Maryville College...... 45,400 1.2 Texas ...... Texas A&M University ...... 7,080 7.9 Rice University...... 41,600 1.4 Utah ...... U. of Utah ...... 9,524 5.9 Westminster College of Salt Lake City ...... 35,280 1.6 Vermont ...... U. of Vermont ...... 26,608 2.1 Trinity College of Vermont ...... 45,080 1.2 Virginia ...... U. of Virginia ...... 17,920 3.1 Washington and Lee University ...... 55,540 1.0 Washington ...... Washington State University ...... 11,632 4.8 Gonzaga University...... 52,000 1.1 West Virginia ...... West Virginia University ...... 8,512 6.6 University of Charleston ...... 38,000 1.5 Wisconsin ...... University of Wisconsin—Madison ...... 10,948 5.1 Marquette University...... 46,440 1.2 Note.—All figures are in 1994 dollars. Source.—School costs from Department of Education, ‘‘Projections of Education Statistics to 2003.’’

Mr. CRAIG. Mr. President, let me Mr. President, tell the truth about MEASURE PLACED ON THE close by saying to the President of the the budget that you vetoed. What we CALENDAR—S. 1452 United States: Mr. President, stand heard from you yesterday was not a vi- Mr. CRAIG. Mr. President, I under- forward and tell the truth to the mem- sion of the future, but was looking stand there is a bill on the calendar bership of Congress and to the Amer- back into the spoiled American dream that is due for its second reading. ican people. Tell them that this budget of big Government and big debt that The PRESIDING OFFICER. The does, in fact, protect Medicare; that somehow you hung yourself to, that clerk will report. The legislative clerk read as follows: the average recipient today is receiv- does not represent the kind of oppor- tunity that the American family wants A bill (S.1452) to establish procedures to ing $4,800 in benefits; and that under provide for a taxpayer protection lock-box the budget you just vetoed that aver- and deserves. and related downward adjustment of discre- age recipient by the year 2002 will re- I yield the floor. tionary spending limits and to provide for ceive $6,700 in benefits. That is a 7-per- additional deficit reduction with funds re- The PRESIDING OFFICER. Who cent annual increase. sulting from the stimulative effect of rev- yields time? enue reductions.

3 This is based on a student loan of $13,044, the av- serve System makes no change in the reserve re- atively smaller decrease in interest rates. Thus, the erage cost of a public university, at an initial inter- quirements of its member banks and refrains from 0.5 percent decrease can be viewed as a conservative est rate of 8.25 percent. The Heritage Foundation stimulating the economy by increasing the growth estimate of the potential savings to a student from econometric analysis assumes that the Federal Re- of monetary reserves. This assumption means a rel- lower interest rates.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18125 Mr. CRAIG. Mr. President, I object to an insight into where we have been. And tember 23, 1899, and was the last sur- the further consideration of the matter where we have been may give us some direc- viving child of the late Latter-day at this time. tion on where we should go. It may even Saints Church President Heber J. The PRESIDING OFFICER. The bill guide us on how to get there. Beyond that, it Grant, and his wife Emily Wells Grant. could also tell us that our expectations are will be placed on the calendar. too high and maybe we should be satisfied She was also the wife of a U.S. Senator, Mr. CRAIG. Mr. President, I suggest with what we have, who we are, and where Wallace F. Bennett, who served for 24 the absence of a quorum. we are. years in the U.S. Senate; and was the The PRESIDING OFFICER. The Hardly a personal visit or social call goes mother of five children, including Rob- clerk will call the roll. by but we have gained something from the ert F. Bennett, currently serving in the The legislative clerk proceeded to other’s recent or distant past. U.S. Senate. In addition, she was the call the roll. Most of our history lies out in area ceme- grandmother of 29, and the great- Mr. GREGG. Mr. President, I ask teries never to be retrieved or vouched for grandmother of 74. Her family members unanimous consent that the order for accuracy. If there is anything to a psychic adore, praise, and love her with all of the quorum call be rescinded. connection, it would have to be part of our memories as they relate to people we once their hearts. The PRESIDING OFFICER. Without knew. Certainly, if we give some thought to Frances was an accomplished musi- objection, it is so ordered. friends who have gone over that great divide, cian. She was a gifted pianist and stu- f a memory will come back of a shared con- dent. She received a bachelor’s degree versation or experience. There is nothing su- in music from the University of Utah, BUFFALO COMMONS MEMOIRS: pernatural about that. and studied at Radcliffe College. She TALES FROM THE PRAIRIE One problem that I run into is the experts taught music at the University of Utah Mr. PRESSLER. Mr. President, I of English and Grammar. As I pass my stuff before her marriage to her husband. want to take a moment to commend an along for critique, I run into those who ei- Frances was a tireless worker. She outstanding South Dakota writer, ther went to more school than I or paid more served for many years on the general attention while they were there. Good gram- board of the Primary Organization for Lawrence Brown of Buffalo, SD. Law- mar is a wonderful art and I admire people rence is a South Dakotan who has put who can combine it with the delivery of a the Church of Jesus Christ of Latter- his appreciation for his State down on message. But well-meaning people have cor- day Saints. In this capacity she was paper. His book, ‘‘Buffalo Commons rected and rephrased some of my stuff until able to positively influence thousands Memoirs,’’ brings to light life on the the meaning was gone. Anyone who has ever of children’s lives through her kind- upper plains and the reasons why life tried to read a government document has no ness, words of wisdom, and love and af- in America’s heartland is so rewarding. doubt discovered that literary correctness fection. As a board member, Frances As I read ‘‘Buffalo Commons Mem- and the delivery of information are not nec- chaired the fundraising committee to oirs,’’ I was reminded of my own expe- essarily compatible. build the Primary Children’s Hospital rience growing up on a farm in Hum- f in Salt Lake City, now the finest chil- dren’s hospital in the Intermountain boldt, SD. As some of my colleagues TRIBUTE TO OLIN BROOKS know, life on a farm is not always easy. West. The significance of her work in Early mornings and late nights during Mr. HEFLIN. Mr. President, I rise to this area can never be measured. Thou- planting and harvest seasons come pay tribute to Mr. Olin Brooks, who is sands of children each year from across with the territory. However, Lawrence retiring this month from the Bank- the United States are treated and Brown reminds us correctly that hard ruptcy Administrator’s Office. He is helped at this Children’s Hospital. I am work builds character. Although Law- the estate analyst in the Anniston sure that there are many mothers and rence grew up on the farm at an earlier Bankruptcy Administrator’s Office for fathers, as well as little children, that time, I am pleased to note the same the Eastern Division of the Northern would thank Frances for her undying solid Midwestern work ethic has been District of Alabama. efforts on their behalf. passed on to today’s young South Da- Born in 1933, Olin attended Woodlawn In Washington, DC, Mrs. Bennett was kotans. High School in Birmingham. After high a supportive and helpful partner to her Mr. President, Lawrence writes in his school, he served in the U.S. Air Force husband during many years of public chronicles that he chose to spend his for 2 years. He later attended Auburn service. She served as president of the life in a small city in western South University, receiving his bachelor of Congressional Club, a group of congres- Dakota. Lawrence, like so many South science degree in 1959 and his law de- sional wives. She wrote about many of Dakotans, particularly new residents gree from the Birmingham School of her experiences in Washington, and who have moved from other States, has Law in 1970. with her family, in her autobiography, realized that South Dakotans recognize From 1959 until 1962, he worked for ‘‘Glimpses of a Mormon Family.’’ the important things in life—the val- the State of Alabama Department of Mrs. Bennett’s friends describe her as ues of family, friends and community. Revenue as a revenue representative. gracious, gentle, regal, and warm. When you met her, her goodness was Mr. President, I am proud to represent He worked for the Internal Revenue immediately apparent. She treated people such as Lawrence Brown—peo- Service from 1962 through 1987, eventu- people with great kindness and respect. ple who appreciate the things in life ally moving into a management and She raised a wonderful family, and will that matter most, and live each day to advisory position in the Bankruptcy Division of the IRS Special Procedures be missed by all. its very fullest. I would like to share Mr. President, Utah was fortunate to an excerpt from Lawrence Brown’s Office. I am pleased to commend and con- have Frances Marion Grant Bennett as book with my colleagues. I am con- a citizen. She was truly a fine woman, fident that they, too, will enjoy Law- gratulate Olin Brooks for his many years of service to his State and Na- talented musician, wonderful wife and rence’s entertaining work. I ask unani- mother, and devoted American. I feel mous consent to have printed in the tion. I wish him all the best for a long and happy retirement. fortunate to have been able to asso- RECORD a section from ‘‘Buffalo Com- ciate with her and learn from her ex- mons Memoirs.’’ f ample. There being no objection, the mate- rial was ordered to be printed in the TRIBUTE TO FRANCES MARION f RECORD, as follows: GRANT BENNETT REMEMBERING RICHARD Perhaps some grandkid some time may be Mr. HATCH. Mr. President, I wish to HALVERSON interested in my autobiography, but for a pay tribute to an extraordinary Mr. HATCH. Mr. President, I was relatively obscure aggie, sheepherder, ranch- woman, Frances Marion Grant Ben- deeply saddened last week when I er and plainsman the personal aspect of this nett. On November 17, 1995, Frances learned of the death of our beloved project is probably pointless. To validate the passed away leaving behind an incred- effort it must portray some history and some former chaplain, the Rev. Richard C. custom and culture of this corner of Amer- ible legacy of service and love. Halverson. ica. Frances comes from and leaves be- Reverend Halverson served as Chap- A record of bits and pieces of history be- hind a remarkable heritage. She was lain of the Senate for 14 years, assum- yond scientific or political data can give us born in Salt Lake City, UT, on Sep- ing this post on February 22, 1981. He

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18126 CONGRESSIONAL RECORD — SENATE December 7, 1995 retired on February 5, 1995. I regret While the continuing resolution will our constituents in need are not denied that his retirement, the time he had so ensure that some funding will be avail- heating assistance this winter. looked forward to spending with his able for these programs, it is only on a Thank you, Mr. President. I yield the family and many friends, was cut so short-term basis and at a minimal floor. short. level. But, in some cases, the CR level f But, the time and service he gave to effectively eliminates the viability of the Senate will always be appreciated TRIBUTE TO WILLIAM K. SAHR, the program. The LIHEAP Program is LEGAL CHAMPION by those of us who benefited from his one such example. LIHEAP provides positive outlook and his constant good funds to States to help low-income Mr. PRESSLER. Mr. President, the humor. Rarely was Dr. Halverson seen households meet their fuel bills during legal profession in my home State of by Senators, staff, or support personnel the winter months when costs soar due South Dakota has lost a great counsel. without a smile and a ‘‘God bless you.’’ to cold weather. A high percentage of Bill Sahr, a long-time friend and sup- And, perhaps the one thing I admired the program’s beneficiaries are elderly porter, passed away on Monday. I will most about Dr. Halverson was the fact and disabled people who need help in miss him. For many years, Bill headed the that he served not only the institution paying their fuel bills. of the Senate, but also Senators as in- Mr. President, it is already very cold State Bar of South Dakota. In that ca- dividuals. He could see beyond policy in many parts of the Nation. Our reli- pacity, he epitomized the very best of debates, beyond partisan politics, be- ance on continuing resolutions since the legal profession in our State. An yond institutional glamour and mire. October 1 has put LIHEAP funds in indefatigable worker on behalf of the He could look beyond our roles on this jeopardy. Under the terms of the con- legal community, Bill also served the great international stage and help us tinuing resolution, $231 million has people of our State and Nation with carry the burdens we felt as husbands been made available to the States. This great distinction. Bill’s public service career began or wives, parents, neighbors, or friends. is far short of the nearly $600 million Though ordained as clergy in the with a memorable tour of duty with already requested by the States to get Presbyterian denomination, his min- the U.S. Army during World War II. through the first quarter of the fiscal istry reached out to us all. Catholic, During the war, he was with the troops year. In previous years an average of 60 Jew, Methodist, or Mormon, Dr. Hal- at the Battle of the Bulge, later receiv- percent of the annual appropriation for verson helped us all to remember that ing four battle stars along with his Eu- LIHEAP has been allocated to the our walk in faith was infinitely more ropean Medal. Beginning his legal ca- States in the first quarter, and 90 per- important than any legislative battle reer in our State’s capital, Pieree, Bill cent by March 30. of the moment. Many States have begun receiving re- later served two terms as State’s attor- Like all Senators, I mourn the death ney from Hughes County. In 1962, Bill of this man of God, but give thanks for quests for assistance, and under normal circumstances would begin distributing began walking the two blocks from the the opportunity to have known him lovely historic home he shared with his and to have served this body with him. funds to participants at this time. However, because of the present stale- wife Carla and their children to the I join my colleagues in extending State capitol, where he served two heartfelt sympathy to his family. mate in the Senate on the Labor, HHS, and Education appropriations bill, terms as a legislator. His legal background, coupled with f States have no idea how to plan for his legislative experience, made Bill a THE CONTINUING RESOLUTION this winter’s program, and hundreds of perfect candidate to head the State Bar AND THE LABOR, HHS, AND EDU- thousands of low-income families are of South Dakota. Bill played a major CATION APPROPRIATIONS BILL— left wondering how they will be able to role in shaping and bringing into being H.R. 2127 meet their winter heating bills. Low- South Dakota’s present-day legal sys- income households, as well as Gov- Mr. SPECTER. Mr. President, as tem. It is hard to imagine anyone who ernors and local officials across the chairman of the Labor, HHS, and Edu- had more influence on the legal system country are waiting to learn whether, cation Appropriations Subcommittee, I and the profession of law in our State and how much, funding will be appro- want to update the Senate on the sta- than Bill Sahr. tus of the Labor, HHS, and Education priated for this winter’s LIHEAP Pro- In addition to being a great profes- appropriations bill, H.R. 2127, as it re- gram. sional, Bill Sahr was a great indi- For low-income residents of cold- lates to the continuing resolution and vidual. He had a quiet demeanor cou- weather States like Pennsylvania, win- the implications of the Senate’s inac- pled with a keen intellect and sharp ter can mean choosing between eating tion on the bill for programs of the De- wit. You could count on his word. Bill’s and heating. We must not let our budg- partment of Labor, HHS, and Edu- engaging smile made you want to stay etary stalemate in the Nation’s Capitol cation. In particular, I want to focus and listen to him while he worked his unduly burden the poor and elderly on the need to free up low-income en- quiet, highly effective powers of per- with respect to such a basic need as ergy assistance funds, which are so cru- suasion upon you. cial at this time of year, when winter heated homes and apartments. During his threescore and eleven I have supported the previous con- descends upon cold water States. years on this earth, Bill Sahr accom- tinuing resolutions because they pro- As Senators know, the Labor, HHS, plished the work of several lifetimes vide critical short-term funding for and Education appropriations bill for for the profession he loved and the peo- fiscal year 1996 is still on the Calendar. Federal activities. But I want to make ple of South Dakota. Bill Sahr—a legal Efforts to bring it up in the Senate clear, it is time for the Senate to act legend of our State—will be truly have been met with a filibuster due to on the Labor, Health and Human Serv- missed. the ‘‘striker replacement’’ provision ices, and Education appropriations bill. I ask unanimous consent that the and the abortion issue. I opposed the Let’s stop the filibuster, agree to bring obituary for Bill Sahr from the Decem- ‘‘striker replacement provision being up the bill, debate it, and let the Sen- ber 5, 1995, edition of the Sioux Falls added to the bill in committee, because ate work its will. Argus Leader be printed in the RECORD. of the view that controversial legisla- In the meantime, it is imperative There being no objection, the mate- tive riders do not belong on an appro- that the harsh restrictions on funding rial was ordered to be printed in the for LIHEAP be lifted. It is unfair to priation bill, but should be considered RECORD, as follows: hold hostage essential assistance to the through the authorization process. In [From the Argus Leader, Dec. 5, 1995] the case of the Labor, HHS, and Edu- poor and elderly in cold weather States SAHR, 71, WORKED HARD TO HELP JUDICIAL cation appropriations bill, the legisla- as Congress continues to deliberate on SYSTEM tive riders included by the House have the budget. (By Denise D. Tucker) stalled action on this important bill in Mr. President, winter’s cold knows PIERRE.—With a quiet and unassuming the Senate, and indefinitely postponed no political affiliation. The LIHEAP manner, Bill Sahr often stood in the shadows funding for education, health, job Program has had years of bipartisan and rarely took credit for the work that he training, and social service programs support. Now is the time for all Sen- did in shaping the South Dakota legal sys- in this fiscal year. ators to work together to ensure that tem.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18127 ‘‘He had a hand or influence on every law- In addition to his wife and son, survivors had the great privilege of knowing him yer in the state for 35 years,’’ said Thomas include four other children: James, Los An- and benefiting from his special min- Barnett, executive director of the South Da- geles; Marguerite Moreland, Littleton, Colo.; istry. kota Bar Association in Pierre. Elizabeth Squyer, Sioux Falls; and Robert, His daily prayers and his words of Sahr, 71, who was serving as secretary- Boulder, Colo. treasury of the State Bar Association, died Services, for Sahr, begin at 11 a.m. Thurs- greeting, whenever we met, were most Monday, Dec. 4, 1995, at his home, due to day in Sts. Peter and Paul Catholic Church comforting. History should record that lung cancer. in Pierre, with burial in Riverside Cemetery. as a result of his guidance, many unfor- ‘‘He had a history of over 30 years in Bar Visitation will be from 3 to 9 p.m. Wednes- tunate adversarial crises were success- leadership,’’ said Barnett. ‘‘I was fortunate day in the Feigum Funeral Home in Pierre. fully averted in the Senate. I believe he to work with him through most of my ca- Prayer service begins at 7:30 p.m. Wednesday succeeded to helping maintain the Sen- reer.’’ in the funeral home. During his career, Sahr, through the Bar ate on a even keel. The family requests that expressions of We will miss him. I will miss him. Association, established the nation’s first sympathy take the form of donations to the prepaid continuing legal education; he spear- Countryside Hospice of Pierre or to the f headed legislative approval for passage of South Dakota Law School Foundation. CONCLUSION OF MORNING funding for a new University of South Da- kota Law School; and worked for improve- f BUSINESS ment of judicial compensation. THE BAD DEBT BOXSCORE The PRESIDING OFFICER. Morning He also introduced the first bill for a state business is closed. employee retirement system. ‘‘This was a Mr. HELMS. Mr. President, almost 4 biggie for the state,’’ said Sahr’s son, Dan of years ago I commenced these daily re- f Sioux Falls. ‘‘Before that there was nothing ports to the Senate to make a matter DEPARTMENTS OF COMMERCE, for state employees.’’ of record the exact Federal debt as of JUSTICE, AND STATE, THE JUDI- Barnett said, ‘‘He worked to serve the peo- CIARY, AND RELATED AGENCIES ple of South Dakota. He was instrumental in the close of business the previous day. lobbying pieces that helped everybody.’’ As of the close of business Wednes- APPROPRIATIONS ACT, 1996—CON- Beresford attorney Robert ‘‘Bob’’ Frieberg day, December 6, the Federal debt FERENCE REPORT acknowledged Sahr’s contribution to the stood at exactly $4,988,640,469,699.34. On The PRESIDING OFFICER. Under state. a per capita basis, every man, woman, the previous order, the Senate will now ‘‘His influence shaped the Bar, judiciary and child in America owes $18,936.97 as proceed to the consideration of the and modern legal system in South Dakota,’’ his or her share of the Federal debt. he said. ‘‘His was the biggest influence of a conference report accompanying H.R. single person.’’ f 2076. Frieberg said that Sahr was committed to The clerk will report. improve the legal system whenever he could. FLAG PROTECTION The legislative clerk read as follows: Although he didn’t know for sure, Frieberg CONSTITUTIONAL AMENDMENT The committee on conference on the dis- believed that Sahr had a sense that he had Mr. SHELBY. Mr. President, I agreeing votes of the two Houses on the an obligation to leave the world better than strongly support Senate Joint Resolu- amendment of the Senate to the bill (H.R. he found it. 2076) making appropriations for the Depart- ‘‘He was just a neat guy,’’ he said. ‘‘One of tion 31, which amends the Constitution ment of Commerce, Justice, and State, the a kind. I’m gonna miss him.’’ to protect the flag of the United States With a tear sliding down his face, Frieberg from those who would desecrate it. Judiciary, and related agencies for the fiscal added, ‘‘He was a great friend.’’ year ending September 30, 1996, and for other The American flag is a national sym- purposes, having met, after full and free con- Sahr’s legal career began in 1957, when he bol of the values this country was opened a law practice in Pierre. He served for ference, have agreed to recommend and do two terms as the Hughes County States At- founded on. Many Americans have recommend to their respective Houses this torney, from 1958 to 1962. He then served two fought and died to defend these values report, signed by a majority of the conferees. terms in the South Dakota House of Rep- and this country. It is an insult to The PRESIDING OFFICER. Without resentatives, from 1962 to 1967. He was elect- these patriots, their relatives, and all objection, the Senate will proceed to ed in 1961 as secretary-treasurer of the state other citizens who hold this country the consideration of the conference re- Bar. He retired on July 31, 1989, from his po- dear, to burn or desecrate the symbol port. sition as executive director of the Bar Asso- of our Nation and our freedom. (The conference report is printed in ciation, after 28 years with the organization. I certainly support the right of all William Karcher Sahr was born July 21, the House proceedings of the RECORD of 1924, in Pierre. He attended Pierre Public citizens to freedom of speech, but that December 1, 1995.) School and was graduated from Lake Forest right has never been absolute in our Mr. GREGG addressed the Chair. Academy, Lake Forest, Ill., in 1942. country. That is why there are laws The PRESIDING OFFICER. The Sen- He served in the Army from 1943 to 1946, against libel, slander, perjury, and ob- ator from New Hampshire. during World War II. He served in the Battle scenity. Similarly, our freedom of po- Mr. GREGG. Mr. President, it is my of the Bulge. He received the European litical expression is also limited. No pleasure to proceed today with the con- Medal with four Battle Stars. In 1954, he graduated from Northwestern one can legally deface the Supreme ference report on the Commerce-State- University in Evanston, Ill., and from its law Court building or the Washington Justice appropriations. school in 1957. Monument, no matter how much he or This legislation comes forward after He married Carla Aplan in 1953. she might wish to protest a particular a considerable amount of activity and, From 1973 to 1978, he was a member of the government policy or law. The Amer- obviously, some ups and downs on the Pierre Board of Education. He also served on ican flag, deserves special protection road to passage. It is, however, I be- the St. Mary’s Hospital Law Advisory Board, under the Constitution. It simply is president of the Pierre Carnegie Library lieve, an excellent piece of legislation Board for 19 years, and on the Pierre City not necessary to commit an act of vio- in light of the hand which has been Board of Adjustment for 10 years. lence against this flag to register pro- dealt. Clearly, in an attempt to balance He was a member of the Pierre Area Cham- test against the Government. Passage this budget, we have had to make some ber of Commerce, American Legion, VFW, of Senate Joint Resolution 31 will help significant reductions in this account the Elks Club, Sts. Peter and Paul Catholic ensure our national symbol receives overall in order to meet our goal of a Church, the American Bar Association, the the respect and protection it deserves. balanced budget within 7 years. The Jackrabbit Bar Association, and the Na- Again, Mr. President, I offer my tional Association of Bar Executives. numbers which were assigned to us by He received a Recognition Award from the strong support for Senate Joint Reso- the Budget Committee and then allo- University of South Dakota Law School in lution 31 and I urge my colleagues to cated to us by the Appropriations Com- 1982, the Appreciation Award from the South support it as well. mittee put us to the test in the area of Dakota Trial Lawyers Association, and the f trying to reach this goal. But I believe McKusick Award from the USD School of we have reached it in a very positive Law in 1987. REV. RICHARD C. HALVERSON and responsible way. ‘‘He was proud of this,’’ Dan Sahr said, of his father receiving the McKusick Award. Mr. INOUYE. Mr. President, our The essential thrust of this bill is to The award recognizes an outstanding mem- former Senate Chaplin, the Reverend make sure that we adequately fund the ber of the South Dakota legal community for Dr. Richard Halverson, will be sorely activities of our criminal justice sys- contributions to the profession. missed, especially by those of us who tem and to make sure that we have

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18128 CONGRESSIONAL RECORD — SENATE December 7, 1995 adequate moneys and make available So, overall, this is a bill which ac- and, after the funds were terminated, to the States adequate funds to under- complishes our major goals, the first in our opinion, would have been less. take an aggressive posture relative to goal being to live up to our obligations In addition, we feel strongly in struc- trying to control the spread of violence to balance the budget and, therefore, turing the use of the violent crime and crime in our Nation. make the difficult decisions which re- trust fund significant dollars should be As a result, we have committed a sig- quire reducing of funding and, in the put into one-time items so that we are nificant increase in dollars to the De- area of the Department of Commerce, not creating programmatic events partment of Justice, approximately a move toward basically its elimination. which we become responsible for at the 19.2-percent increase over the 1995 At the same time that we are moving end of the violent crime trust fund’s level. That increase in funding in the toward a balanced budget, we have period of existence, and thus we have Department of Justice has come in the made a very strong and aggressive encouraged things like one-time items context of an overall reduction in fund- commitment to the Department of Jus- that would encourage prison construc- ing for the bill generally of approxi- tice and to crime fighting. tion and activities such as that where mately $756 million. On that specific area, I think it is im- we think we can help out the States as Thus, in order to accomplish that, we portant to note that one of the issues they go forward with their attempts to obviously had to take some funds from of the debate is the manner in which improve their criminal justice systems some of the other agencies. We have we pursue these crime-fighting initia- but not end up signing on to a program significantly reduced the funding, for tives. We have proposed in this bill where we become liable for the States’ example, in the area of the Department that a large amount of the violent responsibilities as far as the eye can of Commerce and in the area of the crime trust fund will be sent back to see. State Department. In making those de- the States in the form of a block grant In addition, we have strongly sup- cisions to reduce funds in those two which will emphasize and encourage ported, for example, some of the initia- areas, I believe we have done it in a the use of those funds for the addition tives which have traditionally been very constructive way. We have in the of police officers on the streets but will built up under the criminal justice sys- State Department, for example, fully not require that those funds be used for tem and which we think are important funded, to the best of our ability any- the addition of police officers on the such as the Violence Against Women way, the activities of the operations of streets. Act which receives a sixfold increase the State Department. We made sure This is a departure from what the ad- over the 1995 funding level and which that the salary cap accounts and the ministration position was or what they we think is a very appropriate initia- construction accounts and the day-to- desired. The administration, of course, tive. day functions of the State Department has taken great pride in its proposal This is a quick outline. As we move are funded in a manner which they feel which created cops on the beat and forward this afternoon in discussing they can accept. their theory, and we respect that. But this bill further, we will get into more We have not, on the other hand, we happen to feel that a much more specifics, but at this time I would like made a major commitment to the U.N. logical way to approach this is to say to yield to my ranking member and funding. We have funded the inter- to the local policing authority to get colleague, whose knowledge and his- national organizations efforts and what they need. Do you need police of- tory of this legislation far exceeds any- peacekeeping efforts, but we have kept ficers on the street, or do you need the thing I will ever obtain, and whose sup- the funding levels at a very low, or at ability to communicate with your po- port and thoughtful advice and guid- least conservative, number, because we lice officers on the beat, or do you need ance I greatly appreciated during the feel that is an appropriate decision. the ability to make sure that your po- process of putting this bill together, From my standpoint, I would rather be lice officers on the beat have adequate for whom I always had a great deal of fighting crime in the United States and equipment in order to defend them- respect, having gotten to know him spending money on that than nec- selves? when he was in New Hampshire on oc- essarily funding international organi- We think it is much more appro- casion a few years ago, but that respect zations and peacekeeping at the United priate to leave the decision as to has only grown exponentially as a re- Nations. whether or not the funds should be sult of my having had a chance to work In the area of the Commerce Depart- used for the creation of additional po- with him in this committee. ment, we have also made some very dif- lice on the street or whether it should The PRESIDING OFFICER (Mr. ficult decisions, but in the process, I be used in order to make the police ASHCROFT). The Senator from South think they are constructive decisions. who are on the street more effective in Carolina. We have, for example, funded very ag- their job up to the local law enforce- Mr. HOLLINGS. Mr. President, I will gressively NOAA, which does very ment agencies who are on the front yield to my colleague first I think for strong, effective research in the area of lines and who have a much higher level his unanimous-consent request. Has the unanimous-consent request protecting the oceans, which are crit- of awareness of what is needed. We also felt that the President’s pro- already been made? ical assets of not only our Nation but The PRESIDING OFFICER. I do not posal had some fundamental flaws. The the world. At the same time we have, believe so. however, cut the overall funding for basic one was that the way it was Mr. GREGG. Is the President aware the Department of Commerce by ap- structured most of the communities of the unanimous consent relative to proximately 14 percent below what it which would have added police officers time limitations? was funded at last year. So we have would find that at the end of 4 years Mr. HOLLINGS. I believe it is 2 hours gone 14 percent below a freeze for the they would have to have picked up the to the distinguished Senator from New Department of Commerce. In order to whole cost of that police officer’s sal- Hampshire, 2 hours for this Senator on accomplish that, we have had to reduce ary. We think that in the end, rather this side, 2 hours for the distinguished funding in a number of accounts, obvi- than encouraging more police officers Senator from Delaware [Mr. BIDEN], ously, within the Department of Com- on the street, it would end up with ap- and 20 minutes for the distinguished merce. But I think the decisions for proximately the same number of police Senator from Arkansas [Mr. BUMPERS]. those reductions have been thoughtful officers on the street and that the The PRESIDING OFFICER. It was and appropriate. number that has been thrown out by apparently agreed to earlier. We are Again, with the Small Business Ad- the administration is an extreme exag- operating under that agreement. ministration, we have reduced the geration of the numbers of new officers Mr. GREGG. In that case I reserve funding of the Small Business Adminis- who might actually end up on the the remainder of my time. tration by a considerable amount. But street, the number the administration Mr. HOLLINGS. Let me thank the I believe we have given them still the talks about being somewhere around distinguished Senator from New Hamp- capacity to go forward and participate 100,000, when in actuality the number shire. in the process of funding initiatives to they proposed would have been some- Mr. President, right to the point, the assist in the creation of jobs effec- where in the vicinity of 20,000 during distinguished Senator from New Hamp- tively. the periods the funds were available shire is not just a quick study but a

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18129 quick excellent study. A year ago, per- pressed everyone associated with the and operates our weather satellites and haps a little more, he was not on the bill and has done an outstanding job. it is for the oceans what NASA is to subcommittee involved in all of these Mr. President, when I signed this space. In past years our CJS bill in- hearings. The bill presently presented conference report I wrote ‘‘with res- crease NOAA just as we have increased by the distinguished Senator and con- ervations’’ under my name. And, I will Justice. ference report was not worked upon by discuss these reservations, these prob- But in this agreement, NOAA is pro- him until it got into conference, and lems I have with this agreement short- vided $1.853 billion—$59 million below a yet within conference—I emphasized ly. But, I would like to first make a freeze, and $244 million less than the the quick study—the Senator from New few comments about what I do support President’s budget request. The good Hampshire approached it in a brilliant in this conference report. news is that it could have been worse. and thorough fashion—I might add, in LAW ENFORCEMENT Thanks to efforts by Members like our an almost Mansfield-like fashion. I re- First, it continues to bolster our law distinguished chairman, Senator HAT- member the distinguished majority enforcement agencies and the Federal FIELD, this agreement provides NOAA leader, Senator Mansfield. When you Judiciary. Justice Department pro- with a level that is $79 million over asked him a question, he said, ‘‘Yup’’ grams are significantly increased. Here what the House crowd would have pro- and ‘‘Nope.’’ When I asked for things to are some examples: vided and only $13 million less than the try to get in this bill, the distinguished U.S. attorneys are provided $926 mil- Senate-passed bill. Senator from New Hampshire said, lion, an increase of $73 million over fis- So, like NOAA, many of these other ‘‘Nope.’’ I learned that this out- cal year 1995. That’s an additional 450 agencies are not doing well, but they standing Yankee is of a singular mind, U.S. attorney positions. are surviving. My colleagues need to be and he knows how to make a decision, The Federal Bureau of Prisons re- put on notice now, however, that there which is unusual in Washington. ceives $2.9 billion, an increase of $306 are going to be reductions in force, of- I really respect and admire the way million over this year. This funding fice closures, and contract termi- he has gone about this in a very, very supports construction of new Federal nations. SBA is going to close offices thorough fashion. I emphasize that be- prisons and additional operating funds and there are going to be significant cause I am not in a position on final to open prisons that are coming on reductions in force in Commerce and in vote to support the measure for various line. It provides funding to deal with independent agencies. You cannot pro- misgivings. I made that clear. But in quelling the unrest that has recently vide these levels of funding without making that clear, I wish to make it occurred in our Federal prisons. such impacts. equally clear that we have been in a The Immigration and Naturalization Mr. President, it is my hope that we sort of cooperative manner trying to Service is provided $2.557 billion, an in- can debate this bill quickly and get it reconcile differences. That is the Gov- crease of $487 million above the current down to the White House. President ernment itself, the art of compromise. year. And, within this account to en- Clinton has stated that he will veto it And realistically, there are many sure that funds go to where the Con- and I must concur with his position. things in the bill, in the conference re- gress intends, we have earmarked ap- There are several areas that are unac- port that the distinguished chairman, propriations that support the Border ceptable to both the President and Senator GREGG, perhaps would not Patrol. most Members on this side of the aisle. have included or some things that he Finally, Judge Freeh and the FBI are I will briefly mention several. wished had been included. That is the provided $2.505 billion, an increase of COPS ON THE BEAT same with this particular Senator. We $224 million. The conferees have fo- First, this bill terminates the Cops have the House side to satisfy as well cused our efforts on rebuilding the on the Beat Program and the Drug as the Senate side and we have worked FBI’s infrastructure. So included are: Court Program. It seeks to rewrite the diligently, at least the distinguished funds to get the NCIC 2000 crime data 1994 crime bill and provide funds in- chairman has worked diligently with base up and operating; $30 million for stead to Governors and mayors for a staffs on both sides and with this par- renovations to the FBI training acad- block grant program. This isn’t a ticular Senator, and I am grateful for emy at Quantico, VA; and $57 million money issue; the funds are available in his leadership. for the first phase of a new FBI foren- a separate account under the violent Mr. President, the conference agree- sic facility to be located at Fort crime trust fund. So, what this is about ment before us provides $27.3 billion for Belvoir, VA. We all saw the importance is politics, and I might add pretty programs and agencies funded in the of DNA evidence and the importance of dumb politics at that. Commerce, Justice, State, and the ju- validating such evidence beyond any I will put a more complete statement diciary appropriations bill. Of this doubt during the recent Simpson-Gold- regarding the COPS Program in the amount, almost $4 billion is for appro- man murder trial. The FBI laboratory RECORD. But, let me summarize my po- priations from the violent crime reduc- needs to be modernized and enhanced sition. tion trust fund. For regular discre- so Federal prosecutors and FBI evi- First, the COPS Program is focused tionary appropriations this agreement dence are not successfully challenged and well managed. In just 2 years it has provides $22.656 billion. This amount is as was the case in the O.J. trial. gotten 26 thousand additional police $3.753 billion below the President’s Violence against women grants are out on the streets across America. budget request, and $759 million below funded at $175 million, the President’s Second, the COPS Program has a the level available in fiscal year 1995. I request. This is $149 million above this component that is targeted to small, would note, however, that it represents year and $50 million above the House rural communities. It deals with sher- an increase of $212 million above the bill. iffs and small town police chiefs di- level in the Senate-passed bill. For agencies other than Justice and rectly. Across South Carolina you can Before discussing the conference re- the judiciary, it is really a question of survey the most conservative, Repub- port, I would like to note that this bill bad news-good news. The bad news is lican law enforcement officials and is being managed by our new sub- that almost no other agency received they will tell you that the Cops on the committee chairman, Senator JUDD appropriations above the current fiscal Beat Program is the best thing the GREGG of New Hampshire. He took over year. Getting up to a freeze was a Federal Government has ever done. this subcommittee in October fol- major accomplishment. But the good Third, there is no education in the lowing Senate passage of H.R. 2076. So news is that most other agencies have second kick of a mule. Sometimes I he was tasked with shepherding a bill survived at a funding level that enables would appreciate it if Speaker NEWT through conference that he did not them to continue to operate, albeit at GINGRICH and the House crowd realized draft. I will tell you he is a quick study a reduced level. Take the National Oce- that experience and institutional mem- and he has mastered this bill as quick- anic and Atmospheric Administration, ory are not necessarily bad. We already ly as anyone I have ever seen. And, I or NOAA, probably the most popular had a local law enforcement block think it is fair to say that this is the agency in this bill. NOAA is our Na- grant in the Federal Government. It most diverse and most complicated of tion’s principal environmental sciences was called the Law Enforcement As- the 13 appropriations bills. He has im- agency. It is the agency that procures sistance Administration, or LEAA. I

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18130 CONGRESSIONAL RECORD — SENATE December 7, 1995 was here when we created it and when panels. Neither the President, the Sec- Tourism is big business and should we had to kill it because of waste. May- retary of Commerce, nor any Senator not be given short shrift. It employs 6 ors were buying tanks and corporate has the ability to influence which com- million Americans and is the leading jets. Jimmy Carter came up to Wash- panies receive ATP awards. This pro- employer in 13 States. South Carolina ington after seeing LEAA waste at the gram is run fully on the basis of merit. is one of those States and we have al- State level and said ‘‘kill this turkey.’’ Now, just meeting prior year com- most 200,000 people employed in some So for over $8 billion we got nothing to mitments—that is to fund the Federal aspect of the industry. This year we ex- show for LEAA except we let Federal share of awards made before this year, pect over 700,000 international visitors funds be wasted, while for $1.3 billion requires appropriations totaling $290 in my State. we already have gotten 26,000 police million. Again, I’m afraid this aspect of I think this conference has made a through COPS. the conference report is about politics big mistake. Fourth, Bill Clinton is right. The war and not substance. This is about the LEGAL SERVICES on crime is being fought principally at former Democratic Party Chairman With respect to Legal Services, the the local level and police are our foot David Wilhelm making a comment conference agreement provides $278 soldiers, our marines, sailors, and air- something to the effect that ‘‘Cali- million instead of $340 million as pro- men. I’ve heard all this mumbo jumbo fornia is the end all and be all of poli- posed by the Senate. I think Senator tics and Ron Brown has the program.’’ about local flexibility. The last time I PETE DOMENICI deserves a lot of credit Yes, the fact is that many ATP awards checked, 10 out of 10 people who call for having led the fight to save the do go to California companies, and the police for help are calling for a po- Legal Services Corporation, when Sen- Massachusetts companies and Pennsyl- lice officer. There just isn’t a better ator GRAMM proposed terminating the vania companies. It shouldn’t take a use of this crime bill trust fund than to Corporation. And, Senator DOMENICI NIST PhD to realize that ATP awards hire more police officers. I don’t want was in charge of our negotiations with are going to go predominantly to parts to see this money raided by Governors the House. I think he would be the first of the country that have concentra- and local elected officials, I want it to to say that when this bill goes to round go directly to sheriffs and police chiefs tions of high-technology industry. This is exactly the type of program two, Legal Services is an area we need as is the case now. to get more funding for. Support for police always has been a we should be funding if we are going to compete effectively in the trade war, Finally, I think it is obvious that the solid, bipartisan value. I would urge amounts provided for international or- my Republican colleagues not to be- now that the cold war is over. Our Re- publican colleagues have shown that ganizations and U.N. peacekeeping are come antipolice simply because Presi- far below the level the President con- dent Clinton supports this program. they do support many Federal tech- nology programs, including NASA aer- siders adequate. This is not a heart- you attacked the President in March burn area for me, for years I have criti- 1993 because he proposed more money onautics, high-performance computing, and cooperative research and develop- cized U.N. peacekeeping as ineffective. for community development block It often seems in areas like Somalia grants, and for days we listened to you ment agreements. They recognize that developing new precompetitive tech- and Bosnia, that United States forces list every wasteful project that could are needed to rescue U.N. peacekeepers. potentially be funded through block nologies is important to the long-term future of our country. This has been The program just doesn’t make sense. grants because of local flexibility. I the case in other appropriations bills. But, I think it is clear that inter- urge you to get your staff to pull out So why oppose what is clearly one of national organizations and peace- the CONGRESSIONAL RECORD and to the best-run Federal technology pro- keeping will need higher funding levels reread your own words. And I would grams, one that is never porked, and if the President is going to ultimately urge you reread your statements re- one that already is leading to some sign this bill. garding the crime bill. The distin- major technical breakthroughs? Repub- In summary, I want to acknowledge guished chairman of the Judiciary lican support for technology programs the hard work of Chairman GREGG and Committee, among others, talked generally makes their decision regard- Mr. ROGERS and their staffs. I espe- about the importance of getting 100,000 ing the ATP all the more regrettable cially want to recognize the contribu- more cops. and mistaken. tions of David Taylor, Scott Corwin, The President will veto over the The President realizes the impor- and Vas Alexopoulos, of the majority COPS Program alone. I support him. It tance of ATP and that is exactly why staff. is my hope that this program and the the absence of ATP funding is another This represents the first CJS con- Drug Court Program will be restored reason for him to veto this conference ference reports that I cannot support. I during round two of this bill after the report. Even if my Republican col- hope that the chairman will realize veto. I know Senator BIDEN will have leagues will not agree to fund new ATP that this is because of decisions that more to say about this issue. grants, it would only seem fair that were made by his leadership. Prin- COMMERCE PROGRAMS they fulfill past years commitments cipally the termination of the Cops on Second, this conference agreement made by the Federal Government. the Beat Program and the ATP. I sim- terminates the Commerce Depart- Third, though this is not a veto issue, ply cannot support those decisions. ment’s Advanced Technology Program I strongly disagree with the conferees It is my hope that this bill will be [ATP]. It does not even provide funds decision to terminate the U.S. Travel sent to the President expeditiously. I for the Federal Government to make and Tourism Administration [USTTA]. fully expect that it will be vetoed. I be- good on its prior year commitments to I argued against the House position lieve that this will be only the second industry under ATP cooperative agree- and for the Senate position which re- time in history that a CJS appropria- ments. When we completed the fiscal flected the amendment that Senators tions bill has been vetoed. year 1995 appropriations bill, we pro- BRYAN and BURNS had made to the bill Then hopefully we could get on with vided $431 million for the ATP. In this in September. Unfortunately, my col- round two and providing a bill that is bill there is no funding. leagues in the conference did not see acceptable to the President and one The ATP provides funds for coopera- the issue as I do. that can be enacted into law. tive agreements with industry to share USTTA costs only $17 million a year Mr. President, let me go to the Com- the risk, on a 50-50 share basis for high- and provides a lot of bang for the buck. merce Department itself because over risk, precompetitive technologies that Almost every other country maintains on the House side, a colloquy was had have potential for significant economic a tourism promotion program, and so yesterday, I guess, upon the enactment growth. What we are doing in this pro- should we. I created USTTA. It is sim- of this bill where statements were gram is providing the necessary R&D ply too inefficient having every State made with respect to abolishing the that enables entrepreneurs and small in this country running its own tour- Department of Commerce. companies to be able to take an R&D ism promotion effort overseas. And, in There is a reference within the con- project from concept to proof of prin- Greg Farmer, we have the most effec- ference report itself on page 30, section ciple. It is a fully competitive program tive director of USTTA that we have 206—where the language could be envi- and every award is made by peer review ever had. sioned as preparatory to abolishing the

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18131 Department—starting off with ‘‘should I have listened to their leadership But politics prevails around this town. legislation be enacted.’’ That was a again and again saying, well, under the And that is why it is there. compromise on the word ‘‘should,’’ be- Congress we are concentrating or, That makes me come right to the cause I did not want anything antici- namely, we do not want to bother the point of emphasizing the significance patory. When first presented, it was leadership unless we can get capital of the Department. I could do it by way ‘‘when legislation is enacted.’’ gains tax cuts. of comparison. You can go right under There has been no authorization for We do not have any capital gains to this particular bill and you will find a the dismantlement or abolition of the cut, unless we can get deregulation. So measure, Mr. President, that never ex- department itself. Yes, three times on we will not bother about the Depart- isted until the year before last, just a the House floor they have voted for ment of Commerce because we do not couple years here in over the 200-some- just exactly that—to the shock of this think any Government in its right year history of this great Nation of particular Senator—for the simple rea- mind is going to do away with the ours. But we have had a Department of son that if you go to the Constitution front line of the struggle in the global Commerce, or commercial effort, let us itself, article I, section 8, in enumer- competition for economic strength and say—Teddy Roosevelt started it at the ating the powers and authority and re- influence. That is what it has turned turn of the century. But we have had sponsibilities of the national Congress, into with the fall of the wall. that designated responsibility and ad- article I, section 8, first says that you We have moved where the world hering and responding thereto. But can levy and collect taxes. could care less about the 7th Fleet and here now we have what we call the Vio- The second designated authority and the atom bomb. Money talks. Eco- lent Crime Reduction Trust Fund. That responsibility would be to borrow nomic power, influences. We are find- is $3,956,000,000. The Department of money. Heavens above, we know how ing that out in our foreign policy. And Commerce is $3,444,000,000. If you abol- to do that around here. We are going to the Department is charged, if you ish the entire Department on all these borrow $348 billion to keep the Govern- please, along with the State Depart- endeavors, you have not saved what ment going while we are talking about ment, to be more or less the front line this Congress just year before last balanced budgets. That is sheerly out of defense now, rather than the Pen- started out anew. of the whole cloth. tagon, to get into the matter of dump- That is why everybody talks about The media have to be fast asleep on ing cases, the International Trade Ad- ‘‘cut spending, cut spending, cut spend- this particular point. I think it was ministration, the Bureau of Export Ad- ing.’’ But they are increasing it. And Thomas Jefferson who said that as be- ministration. we cannot get it through the public tween a free Government and a free Everyone is talking about exports, mind. They run on ‘‘cutting spending,’’ press, he would choose the latter. That exports. You can go right on down the but when they get here they continue is understandable because, yes, you can list of these important, particular to spend more, and more than the have a free Government that will not measures in that global competition of whole Department, an endeavor that remain free long except with a free patent and trademark. That is a mat- has been in since the Constitution. press. The free press owes the people, ter of issue, all of these trade meas- But let me go right to NOAA, be- the body politic, the duty to expose ures, and the argument of using the cause I was at an occasion here this nonsense, particularly the nonsense OMB and CBO, the gross domestic past weekend, and a former Sec- that is going on here of a balanced product, that Bureau of Economic retary—I said, ‘‘I understand that you budget. There is no plan in the head- Analysis, the Census of Manufacturers. said we ought to abolish the Depart- line in the morning’s paper to balance All this work is being done in a very ment of Commerce.’’ He said, ‘‘Well, if anybody’s, particularly this Govern- casual fashion. But they say get rid of we could blow up NOAA and get rid of ment’s, budget. it all. it, that would do the job.’’ The poor If you look at the innards of the plan, We could go right on down with the gentleman does not understand at all you will find out that rather than cut- Census Bureau, the National Institutes the institution of the National Oceanic ting spending, spending increases this of Standards and Technology, the Eco- and Atmospheric Administration. And year; and that the measure is $53 bil- nomic Development Administration, since I was participatory in its institu- lion over last year. Starting off with the Minority Business Development tion, let me refer immediately to the the deficit, you are going with in- Agency, the U.S. Tourism and Travel Stratton Commission report, ‘‘Our Na- creased spending each year and in- Administration—all of that is under a tion and the Sea.’’ It has several vol- creased spending over the revenues very, very aggressive and productive umes. each year, which adds $1.8 trillion to Secretary of Commerce. The former Secretary stated that he the national debt. And yet the media, I have been through some that have had talked to an oil friend of his, and press and otherwise, fall into the leth- not been aggressive except to collect the oil friend said that we could easily argy of parroting what the pollster money. Invariably the Secretary of contract out for all those things being politicians parrot—that if you say it Commerce has been appointed from done by NOAA. The truth of the matter again and again and again, buzzwords, time to time to dun the business lead- is, the oil industry was very, very buzz headlines, ‘‘balance,’’ ‘‘balance,’’ ership for the money to run for reelec- much a participant. James A. that it will be balanced. But it is far tion. On the contrary, this particular Crutchfield was a professor of econom- from being balanced, Mr. President. Secretary has been traveling and work- ics. We had Jacob Blaustein of the And so it is that, yes, duty No. 2 is to ing and moving and shaking, creating Standard Oil Co., who served on this. borrow money. And we respond gener- jobs, a historic first in my 29 years on We had not only in the Stratton Com- ously. the Commerce Committee. mission the deans of schools of ocean- Duty No. 3 in the Constitution is to I think that it was the former chair- ography, but we had the industry itself, regulate commerce. I point this out be- man of the Democratic Party who was General Electric. We had the Environ- cause you will not find that word ‘‘ag- responding to the former Senator from mental Science Services Administra- riculture’’ or ‘‘housing’’ or ‘‘education’’ Wyoming, Senator Wallop when he tion. We had the Under Secretary of or ‘‘energy’’ in the U.S. Constitution. pointed out that Secretary of Com- the Navy. When the contract crowd came to merce Brown had been out in Cali- It was a most auspicious group for a town, they were going to get rid of all fornia. In his response, he said Cali- 2-year study with the Stratton Com- of them, the Department of Housing, fornia was ‘‘the end all, be all, of Presi- mission report that said what we the Department of Energy, the Depart- dential politics’’ and that the Sec- should do is organize the Sea Grant ment of Education, right on through. retary of Commerce, Ron Brown, was Program, the Bureau of the Fisheries End the Department of Commerce. The going to run it. And that is how we ran and bring all of these particular en- one on the griddle now is the Depart- right straight into a wall with respect deavors—the Weather Service and, ment of Commerce. Why? Because the to everything about that department. more particularly, the Environmental selfish business leadership wants de- And that is why it persists today in Science Services Administration— regulation and more money, capital this particular measure as perhaps to bring those in under one particular en- gains. be abolished. A horrendous thought. tity because 70 percent of the Earth’s

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18132 CONGRESSIONAL RECORD — SENATE December 7, 1995 surface is in the oceans. That is the be- not treat casually a fundamental en- deavors in the United States. But to ginning of weather, beginning of the deavor in the U.S. Government at this get symbols or trophies or get rid of environment, beginning of all the sci- particular time. something, they just pell-mell said, entific studies, and what have you. I was going to emphasize some of the ‘‘Let’s get rid of the U.S. Travel and While everybody was enthused about things with respect to Export Adminis- Tourism Administration.’’ It is a bad, the space effort, more importantly we tration and the Census Bureau. There bad mistake to try. should be orchestrating, organizing and is an ongoing effort to abolish the Eco- Otherwise, the Advanced Technology emphasizing the oceans effort. We have nomic Development Administration. Program is easily explained with re- been doing that for some 20 years be- That has been recommended for about spect to our competition in the global fore any NOAA in what we called the 15 years, and we have to withstand the economy. Everyone should read ‘‘Blind- Environmental Science Services Ad- onslaught there, because it is a sort of side’’ by Eamonn Fingleton on Japan ministration in Commerce, the Uni- ‘‘but if’’ endeavor that brings about de- and how it is operated by the Ministry form Coast and Geodetic Oceans Core velopment at the local level that eco- of Finance and all industry has the at that particular time. nomically has proven its worth. Repub- Government directing its research. We All that was blended into a very licans and Democrats, both sides of the give a minimal kind of research and de- good, aggressive endeavor that sort of aisle, oppose that. velopment tax writeoff. It should be withered on the vine. I saw it happen I just want to say a word about the made permanent and greater, but, in because a Senator from an inland State U.S. Travel and Tourism Administra- any event, we need a national effort to that never saw the ocean took over the tion. stay on top of the U.S. technological Commerce Committee. He did away Before I get off of the Economic De- lead. with the Subcommittee of Oceans and velopment Administration, inciden- We do not prevail in national defense Atmosphere that we had within the tally, we had the Defense Conversion by manpower. The Chinese, the Soviets committee. And otherwise, at least fi- Act which assigned some $90 million to have always had more men than we nancially, we have gone downhill. the Economic Development Adminis- have had, but we have always main- The Coastal Zone Management Act tration. I guess we will get into the tained as a superpower by the superi- took 3 years of hearings and has really Economic Development Administra- ority of our technology. The same is responded to the Stratton Commission tion’s responsibility relative to defense going to be true in this, I just call it report, such that by the year 2000, we conversion when we talk about the Ad- bluntly, trade war, economic struggle are going to have 85 percent of all vanced Technology Program and when for development the world round. Americans living within 50 miles of the we talk about other measures. And so we—I say we, Senator Dan- oceans or the coast of the Great Lakes. Let me say a word about the U.S. forth and myself—really studied it to And we had to plan with respect to Travel and Tourism Administration. I make sure it was not pork. It was not where the industry was going, where never will forget the campaign of 1960 included in an appropriations bill the recreational systems were going, when President Kennedy was nomi- where you cannot find it. On the con- where the power systems were going, nated, and I happened to be, at that trary, the industry itself must come where the fisheries were going, where time, in conversation with the Presi- with an application and 50 percent of the urban sprawl was going, and every- dent-designate. He said, ‘‘I’m going to the money in hand. Thereupon, it is re- thing else, while at that particular appoint your friend, Luther Hodges, as viewed by the National Academy of En- time they had a gentleman, John part of the Cabinet.’’ gineering and, on peer review, the Ehrlichman on President Nixon’s staff, I said, ‘‘Mr. President, look, Luther award is made, not by the Secretary of who was looking for a land use measure is not a politician politician, he is a Commerce politically or the White and opposing, incidentally, this par- businessman politician.’’ He had been House over a telephone call by the ticular institution of NOAA because he president of Marshall Fields in the tex- President, but on a competitive basis, wanted his land use. tile division, the New York City Ro- on a peer-review basis and, therefore, it The Attorney General and President tary Club and otherwise. He had come has maintained its integrity. Nixon got together with Dr. Stratton, down to South Carolina, led the South I have really stonewalled efforts on and by reorganization plan No. 4 in in economic and industrial develop- the House side as chairman and now as 1970, put forth a very responsive and re- ment, changing over from an agricul- ranking member of this particular sub- sponsible entity in the National Oce- tural economy. And he said, ‘‘Well, committee that we were not going to anic and Atmospheric Administration. good, I will put him in as Secretary of write in any of those particular pro- We need a restudy, a return, so to Commerce.’’ grams in our bills. We were not going speak, of the Stratton committee re- And thereafter Secretary of Com- to have pork, and it was done ex- port and many of us in the ocean policy merce Hodges came and said, ‘‘Well, tremely well. study believe that should be done. you got me this thing, what can I do?’’ There have been some 276 awards But in restrictive budgets right now, I said, ‘‘Well, tourism is a fledgling made. I remember when the textile in- we have sort of held back. You do not industry now, but it is beginning and dustry of my own State came and blow up the endeavors of the National going and growing and we really need asked for support on a research endeav- Oceanic and Atmospheric Administra- national coordination.’’ There is not or, and I want to make this record so tion and thereby solve the problems, as any question that the States them- they will all look at it closely. They they see them, of the Department of selves—some of the bigger interests of came before the National Academy of Commerce. You do not disassemble and what I am speaking of, Senators BRYAN Engineering and could not qualify for assign Census over here and some other and REID from Nevada, even Senator the Advanced Technology Program, so Bureau officials back over here and PRESSLER from South Dakota, the they went over to the Department of break it up because somebody is trying chairman of our committee. When they Energy, got money and they got a $350 to get rid of the Government. And if we have a trade show in downtown Cairo, million research endeavor at Liver- cannot sell buildings—and I do not there is no reason for 50 States to show more Laboratory out in California know the building in the contract they them how to cook an American bar- under the Department of Energy where were supposed to sell—they say we becue. They all try. We wanted to co- it could not qualify in the Department have to get rid of Departments. We ordinate that and, from time to time, of Commerce. I know that intimately could not get rid of Education, we pick different ones and have a nation- because of the genesis of the program could not get rid of Housing but we ally coordinated effort and direction. and my position on the particular com- have to get rid of Commerce, they say. So it was and investment of $17 mil- mittee. On the Senate side, they did not even lion. Secretary Hodges instituted the So we have been very cautious. When want to debate it. They put it off at the U.S. Travel and Tourism Administra- you get rid of the Advanced Tech- time because the so-called authoriza- tion. It now is worth $7 billion to the nology Program, which I think would tion was coming up. This Senator is economy, is the largest industry in my be one reason the White House has in- ready to debate it at greater length State and in many, many other States, dicated a veto, everyone should under- when that measure arises, but we do and ranks right at the top of all en- stand why. Very minimal effort, but

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18133 very, very important effort being made that ‘‘We Republicans are more for tacts there. Get rid of him. They do not there. crime control than Democrats are.’’ like it, so get rid of Legal Services. It Let me move, Mr. President, if you The Democrats have the policemen on is the same thing in these big cities, please, to the Cops on the Beat because the beat program. There is nothing with landlord-tenant problems. They I have not spoken at length, and the wrong with that, but ‘‘we want to put never fix the pipes that freeze over, and distinguished chairman of the Judici- in our crime about the contract.’’ they are trying to get water and every- ary Committee, who has led the pro- Nonsense. But that is what we have thing else in there, and heat for the gram itself, the institution of it, the to go through with—it is not author- children. Throw them out on the street Senator from Delaware, Senator BIDEN, ized—and try to change the entire pro- and, surely, do not give them a lawyer. will be. He has a couple of hours re- gram around, where again, the local Come on. We know there is opposi- served. Members of his committee will law enforcement has to come with 25 tion to Legal Services. But, fortu- be speaking on that point. But, yes, I percent of the money. And after 3 nately, on the Republican side we have have an experience with respect to years, they are going to have to take it the leadership of the former chairman block grants. over. We have 26,000 cops on the beat. of the subcommittee, PETE DOMENICI of First, block grants are not author- I have been in law enforcement. For New Mexico, and he led the fight. I am ized. Senator GREGG and I, when we 4 years, I was the chief law enforce- sorry we did not get enough money. met, we did not have that much of a ment officer in my State. I know it in- The chairman of our subcommittee stonewalling on different programs be- timately. I can tell you that this is a tried, and I tried, but we could not get cause they were not authorized, but we wonderful endeavor that is working, any more. It is inadequate. We are have experienced it in other con- nonpartisan-like. All these law en- looking at a veto on the second go- ferences. The House Members, adhering forcement officers and entities all en- around. This is going to be a subject to their authorizing committees, say dorse these block grants. But it is like for concern and perhaps increase, hope- we agree with you, we want that done, delivering lettuce by way of a rabbit. fully, because it is a tried and true pro- it cannot be in the conference report. By the time the police chief sees where gram. We put the language in. I agreed It is not authorized. I have heard that his money is, yes, he might buy an with the former chairman, the Senator for years on end—for 18 years, as either extra radio, or get a consultant, or he from Texas, Senator GRAMM, that we ranking member or chairman of this might never get talked to. He will should not use money to sue the State particular subcommittee on appropria- never see an additional officer on the of New Hampshire. tions. This is not authorized. When it beat. So we have done that. Let us not I have watched these things every came up, the discussion on the Senate waste time and money on cops on the time you have these crowds that come side for authorization, they passed that beat. around and want to grab the poor peo- over. They did not want to debate that There is another endeavor I should ple’s money and bring a mass action one. It is not authorized, not on the Ju- emphasize in the opening statement, and go to the Supreme Court, and the diciary Committee, and everything and that is the Legal Services Adminis- lawyers sit around and eat it all up. else. So here, trying to write in, you tration, and that I have had experience They have enough money, those chari- could raise a point of order under the there. There have been those all the table legal defense funds, and every- rules, but we are not trying to waste way back when it was first instituted, thing else. Leave our Legal Services time. back years ago, when Legal Services— Corporation alone and do not sue the We ought to be home for Christmas I will never forget I had to work with Governor or the legislature. That is for right now. Something is wrong with Senator Javits of New York on this poor folks, not rich folks sitting this crowd. They do not understand life one, and we had to enumerate the du- around in Washington with their think itself. They want to start meetings at ties of domestic cases, landlord cases, tanks. 6 o’clock. They must not have a home employment cases, and otherwise, be- Senator GRAMM was correct, and I to go to. At 6 o’clock, everybody else is cause we found that in going and send- went along with him. I think that when home trying to get supper and go to ing money back to the Legal Services we come on the second go-around, we bed and see the children, or otherwise. Corporation, they were hiring the dem- are going to have to really beef up the But not this group. They think, for onstrators to come up here on the Cap- Legal Services Corporation. There is a some political reason, we ought to stay itol steps and call the Congress a bunch tremendous need now in our country, around and show that we are working of bums on account of Vietnam. So we and we should not be cutting it back or hard late at night. But we are not pay- thought it was not quite smart to be fi- trying to abolish it. ing the bills or getting anything done. nancing our own opposition, and it cer- Finally, I will soon terminate and try They have not authorized block grants tainly was not the intent; it was to get to retain my time for others. Mr. Presi- with respect to this one. money in the hands of poor folks, who dent, we have the State Department Now, they did under President Nixon. should get their day in court and could that is the front line with that Com- They called it the Law Enforcement not because they did not have any merce Department. With the fall of the Assistance Administration, or some- money. wall, we ought to be extending democ- thing, LEAA. We gave up the block It was really started by the American racy, freedom, and human rights to the grants. And I will never forget when Bar Association when our friend, Jus- world around with our Department of President Carter came to town. He tice Lewis Powell, was then a prac- State. They finally are falling in line said, ‘‘Kill this turkey.’’ It was an em- ticing attorney and President of the on a business basis. barrassment. They were putting tanks American Bar. In one endeavor to try You had the diplomats in years gone on the courthouse lawn in Hampton, to get rid of it, we brought Justice by where they were annoyed with VA. I do not know who was going to at- Powell over, and they realized the au- American industry and business trying tack the courthouse. They were buying thority and the thought and the re- to get business in a foreign land. Now, airplanes to fly to New York to buy sponsibility of the endeavor that they under Secretary Christopher and under spring clothes for the Governor’s wife, more or less abandoned the idea of get- Secretary Brown, they are working in and they were giving out consultants. ting rid of Legal Services. But farmers tandem, because they have to if we are It was a good little political pork pot, do not like the poor migrant worker— going to survive. They are working in where you could get anybody as a con- who may be cheated out of his money tandem, trying to open doors now by sultant. There were consultants all and who has to move on and cannot business leadership so they can com- over everything. We spent $8 billion take care of his family and everything pete. and we got nothing. We have done this. else—getting a lawyer. So the farm We need these embassies around. There is no education in the second crowd—I know them, I have them in They are trying to close down Edin- kick of a mule. There is no use trying my State—do not like that migrant burgh, Scotland. Bad mistake. They to go through this one because some- worker. They can cheat him, run him are trying to close down Florence, body put it in the contract. The only off, do not give him housing, or any- Italy. The educational institutes of reason it is in the contract is they are thing else. He does not know anybody this land—they have some 10,000 Amer- trying to get on top of the message in your community or have any con- ican students there. There are various

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18134 CONGRESSIONAL RECORD — SENATE December 7, 1995 cases and visa matters and everything ing, but it should be done in the right shown a clear desire for additional police to else coming back. Close it down and places. work hand-in-hand with communities to run it through Rome, you will spend I could go right to the point of the fight crime. The block grant approach would more money, sell the property and lose International Trade Commission. Why not guarantee a single new officer. COPS is a proven success and should be maintained it. have a jury find the fault of a dumping as a separate discretionary program. The So we have tried our best, yes, to violation and then have a different jury COPS program has reinvented Federal grant close those that are not needed, open find the actual sentence or injury? In making, putting grant monies into the hands up the new ones in the 14 Republics of fact, there are a bunch of sycophants of local agencies on an expedited basis. A the former Soviet Union, but more that are fixes for ‘‘yack-yack’’ free block grant program cannot accomplish than anything else, strengthen our trade. There is no such thing, but every what the current program has done. consular service and cut out all the De- time we find a dumping violation they The President would not sign any version partments of Government, keeping can never find an injury. We can save of this appropriations bill that does not fund the COPS program in its authorized form. their endeavors upon the Department $43 million getting rid of that crowd, Similarly, the bill fails to ensure funding of State. let the same entity, namely, the Inter- for important crime prevention activities, Specifically, there is no reason—go national Trade Administration—be most notably so-called ‘‘drug courts,’’ the down to Caracas, Venezuela; they want like the jury in a case that finds the Community Relations Service, and the the FAA to have something go down guilt also decides the sentence. You do President’s Crime Prevention Council. In ad- there, and then the head of the FAA not waste time and have another bu- dition, there are reductions below the re- has a reason to go and travel to South reaucracy reexamining. quest for the President’s immigration initia- America. The IRS would like to come tive. The Administration urges the Congress There are many places that we can to support increased funding for these vital in and they would like to have offices go along with the spirit of the revolu- programs, as well as the continuation of the around in foreign lands, and then the tion in the Contract, but this is not one Associate Attorney General’s Office. hierarchy of IRS can get in a plane and of them, where you want to abolish the The prison grants ‘‘Truth in Sentencing’’ they can travel around. Department of Commerce. provisions of the bill would disproportion- Now, we have the FBI, which I think I reserve the balance of my time. ately and unfairly benefit a small number of is a mistake, because you have the Mr. GREGG. I suggest the absence of States, deprive some States of any funds, CIA, and the FBI is going to be arrest- a quorum. I ask unanimous consent and harm many States—including some with ing CIA agents. You watch it. We have very strong sentencing policies. In addition, that the time be charged equally to the provisions would generate delay in the always tried to keep that division with both sides. awards of much needed prison grant funds respect to intelligence. With respect to The PRESIDING OFFICER. Without for all States. law enforcement, do not ever put your objection, it is so ordered. TECHNOLOGY PROGRAMS OF THE DEPARTMENT law enforcement in another man’s The clerk will call the roll. OF COMMERCE country. It is ineffective. It is a mis- The assistant legislative clerk pro- The Administration urges the Congress to take. But they are now endeavoring to ceeded to call the roll. support the technology programs of the De- put FBI around there. Mr. GREGG. I ask unanimous con- partment of Commerce that work to expand They ought to put them down on 14th sent that the order for the quorum call our economy, help Americans compete in the Street in this city. We do not have be rescinded. global marketplace, and create high quality enough law enforcement. That is why The PRESIDING OFFICER. Without jobs. The conference level would eliminate we have the Cops-on-the-Beat Program. objection, it is so ordered. funding for the Advanced Technology Pro- Mr. HOLLINGS. Mr. President, I ask gram (ATP) and prohibit new awards, which We have enough crime in America, is unacceptable to the Administration. ATP much less chasing it around in the var- unanimous consent a statement of ad- is a highly competitive, cost-shared program ious lands. ministration policy on this particular that fosters technology development, pro- But they like to travel. When they bill be printed in the RECORD. motes industrial alliances, and creates jobs. do, the poor Ambassador is the land- There being no objection, the mate- Eliminating ATP funding would force waste- lord, and he looks around and he has rial was ordered to be printed in the ful cancellation of ongoing research projects more and more and more people as- RECORD, as follows: before they are complete. The ATP program was created with bipartisan support, which signed to him and half of his budget is STATEMENT OF ADMINISTRATION POLICY it continues to deserve. already gone; there is a housekeeper in H.R. 2076—COMMERCE, JUSTICE, AND STATE, THE The bill also would sharply reduce funding the embassy and he cannot get his JUDICIARY, AND RELATED AGENCIES APPRO- for the National Information Infrastructure work done. PRIATIONS BILL, FY 1996 (NII) grants program. The NII program as- Mr. President, I hope we can cut back (Sponsors: Livingston (R), Louisiana; Rog- sists hospitals, schools, libraries, and local on some of that that is going around. If ers (R), Kentucky; Hatfield (R), Oregon; governments in procuring advanced commu- we want to try and help the State De- Gregg (R) New Hampshire) nications equipment to provide better health partment, we ought to embellish their This Statement of Administration Policy care, education, and local government serv- effort. We ought to acknowledge very provides the Administration’s views on H.R. ices. The conference level would eliminate 2076, the Department of Commerce, Justice, funding for the GLOBE program, which pro- genuinely, Senator GREGG, the chair- and State, the Judiciary, and Related Agen- motes knowledge of science and the environ- man, Mr. ROGERS, and their staffs on cies Appropriations Bill, FY 1996, as ap- ment in our schools. The Administration is the other side. It goes without saying proved by the Conference Committee. Your also concerned about reductions below the Scott Gudes on my side, I could not op- consideration of the Administration’s views request for the Manufacturing Extension erate without him, and we have David would be appreciated. program. Taylor, Scott Corwin, Lula Edwards, The Administration strongly opposes sev- The Administration is concerned with the and Vas Alexopolous on the majority eral aspects of the Conference Report. For funding levels provided for the Technology the reasons discussed more fully below, the staff. So we look forward to a very Administration to fulfill the U.S. Commit- President would veto the bill if it were pre- ment for the U.S.-Israeli Science and Tech- compatible working together on this sented to him in its current form. nology Commission and to maintain valu- particular measure. The bill would provide insufficient funds to able technology analysis and advocacy work It has 128 entities in it. You have the support the important activities covered by at a time of increasingly fierce global com- special Trade Representative, you have this bill. It would undermine our ability to petition. The Administration seeks addi- the Arms Control and Disarmament fight the war on crime and to support inter- tional funding for economic and statistical Agency. They could really spend the national organizations and peacekeeping ac- analysis and for the Census Bureau. In addi- day talking about what we have done, tivities; decimate technology programs that tion, we are concerned about the level of are critical to building a strong U.S. econ- how we cut back on the money. We funding for the Economic Development Ad- omy; and cripple our ability to provide legal ministration Defense Conversion program. have cut back; it is far less. This is $1.5 services for disadvantaged individuals. LEGAL SERVICES CORPORATION billion less than what the President of PROGRAMS TO FIGHT CRIME the United States asked for. We have The Administration is greatly concerned The bill would eliminate the COPS pro- with the conference funding level for the been in step with the ‘‘seam,’’ so to gram and, instead, fund a law enforcement Legal Services Corporation (LSC), which speak, of the revolution with the cut in block grant program that would allow spend- would cripple the ability of the Corporation spending. The distinguished chairman ing on anything from street lights to public to serve people in need, and urges the Con- and I both believe we should cut spend- works projects. The American public has gress to restore funding for the Corporation.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18135 The Administration does not support the ex- work in consulting and actively co- the President’s request for peace- cessive restrictions on LSC operations con- operating with the authorizers of the keeping operations by $220 million; tained in language provisions in the Con- Senate Foreign Relations Committee. third, it cuts the State Department ference Report. The restrictions imposed on Now, Senator GREGG served on the salaries and expenses spending by $50 the representation of clients unduly limited their access to the justice system. An alloca- Foreign Affairs Committee before ac- million; and, fourth, the President does tion of $9 million for management and ad- cepting his current responsibilities on not like it because it reduces the State ministration is essential to permit Corpora- the Appropriations Committee. I have Department’s foreign building spending tion management to meet its statutory re- to say to him, we miss the distin- by $36 million, including a $60 million sponsibilities, which include for the first guished Senator from New Hampshire rescission. The fact is, this conference time the awarding of grants on a competitive on the Foreign Affairs Committee, but report requires the administration to basis. we are grateful, as a member of the cut spending, and that is what the INTERNATIONAL PROGRAMS Senate Appropriations, he remains a President does not like. That is what The Conference Report includes a 50-per- strong and steadfast advocate for the the whole argument has been about all cent reduction to Contributions to Inter- concern of the American people relat- along. I wish it could also force the national Peacekeeping Activities and a 24- ing to foreign policy. President to reduce the size of the Fed- percent reduction to Contributions to Inter- While the CJS conference report does national Organizations, which fund the trea- eral bureaucracy, but we can work on ty-obligated U.S. share of activities of the not contain everything that I wanted, that later. United Nations, International Atomic En- it is consistent with the thrust of S. However, as a practical matter, Sen- ergy Agency, NATO, and others. These ac- 908, the State Department reauthoriza- ator GREGG’s initiatives to reduce tivities support important U.S. national se- tion bill. A great many of us have funding levels in this bill will require curity and foreign policy interests including, worked hard to craft the legislation to the administration to restructure its among others, the Middle East (including prepare the Department of State for Israel’s borders and Kuwait/Iraq), weapons efforts so as to meet reduced funding the challenges of the future. levels. H.R. 2076 is approximately $500 nonproliferation and safeguards activities, I confess, from time to time, Mr. sanctions against international renegade million below the authorization levels countries, promotion of an open inter- President, I have been discouraged that of the Senate Foreign Relations bill. national trading framework, control of dis- the administration and many of our At a time when the Federal Govern- eases such as Ebola viruses, and promotion colleagues on the other side have delib- ment is approaching the $5 trillion of human rights. These reductions would im- erately blocked every effort to permit Federal debt mark, the work of Sen- pair the ability of the U.S. to carry out and the Senate even to debate and vote on ators, like Senator GREGG and Senator safeguard important U.S. interests around this important reorganization legisla- the world. Also, without restoration of fund- HOLLINGS and others, is most encour- tion. aging. ing for these accounts, the Administration I have been encouraged by recent would be severely hindered in the pursuit of events that we may finally see a Sen- At my request, and I am so grateful much needed reforms at the organizations. to him, Senator GREGG included a 4- In addition, other international affairs pro- ate vote on a State Department au- thorization bill, perhaps as early as year extension of the Au Pair Program. grams of the Department of State, the Arms There is a similar provision in S. 908, Control and Disarmament Agency, and the this evening or tomorrow. United States Information Agency, are re- We shall see about that. The actions the State Department reorganization duced to levels that would hinder the execu- of the CJS appropriators have been in- bill. The Au Pair Program expired on tion of important national security and for- strumental in causing the administra- September 30, and that has caused eign policy activities. Finally, the Adminis- tion to recognize that the issue of reor- great hardship among many working tration regrets the inclusion of extraneous ganization and consolidation is not parents. Senator GREGG agreed to in- language in the bill related to the presence clude the extension of the program in of U.S. Government facilities in Vietnam. going to go away. I am very appreciative of the actions the appropriations bill, since Au Pair OTHER ISSUES of Senator GREGG and Senator HOL- enjoys wide support. The Administration objects to section 103, LINGS and others to stipulate that this So, in summation, I come here to which would prohibit the use of funds in the act for performing abortions, with certain appropriations conference report thank the two managers of the bill. My exceptions. waives authorization only until April 1, friend, Senator GREGG, has particularly In addition to the issues discussed above, 1996. Now, this key provision will re- been helpful, working with me. He has the Administration would like to work with quire the administration and the Con- made some very wise and reasonable the Congress to address the other concerns gress to act on an authorization bill for decisions in this bill. I congratulate that were outlined in the conferees letter of 1996. him. I congratulate Senator HOLLINGS, November 6, 1995. Without an authorization bill, the and I urge our colleagues to support Clearly, this bill does not reflect the prior- authority to spend appropriated funds the CJS conference report. ities of the President or the values of the American people. The Administration urges for the State Department and other re- Mr. President, if I have time remain- the Congress to send the President an appro- lated agencies will expire on the first ing, I yield it back and I thank the priations bill for these important priorities of April next year. Senator. that truly serves the American people. Now, as I mentioned earlier, the issue Mr. GREGG. Mr. President, I thank Mr. GREGG. I yield 10 minutes to the of reorganization and consolidation of the Senator from North Carolina for Senator from North Carolina. the foreign policy apparatus of the his generous remarks. His assistance Mr. HELMS. I certainly appreciate United States is not going away. Every and guidance and thoughts on this bill being yielded to by the distinguished day that the administration refuses to were extraordinarily helpful to me. Ob- Senator from New Hampshire. I thank plan for the future, the State Depart- viously, coming to this bill at a late the Chair. ment is going to pay a price for it. date, it was very nice to have the Actually, I came to the floor at this I hope that we can move the author- chairman of the Foreign Relations moment to pay my respects to Chair- ization bill into conference to provide Committee there to give me his man GREGG, who is our distinguished the administration with the authority thoughts and help us in crafting the colleague from New Hampshire, for his and the flexibility needed for a success- bill. I very much appreciate that. having brought the Commerce, Justice, ful restructuring of its operations. If State appropriations conference report President Clinton does not find this At this point, I will suggest the ab- to the floor. I know he enjoys working legislation acceptable, he will provide sence of a quorum—— with our distinguished friend from the Senate with yet another oppor- Mr. HOLLINGS. If the Senator will South Carolina who has been here 29 tunity to revisit the consolidation withhold just a minute, the Senator years and who is still the junior Sen- issue on this appropriations bill. from North Carolina, the chairman of ator from North Carolina, but FRITZ In any event, it is my understanding our Foreign Relations Committee—let HOLLINGS is a wonderful friend, as well. that the administration opposes this me say publicly, which I have told col- Both Chairman GREGG and Chairman conference report because, first, it pro- leagues along the line, the initiative of GRAMM, who recently inherited the vides $223 million less for international our distinguished chairman of the For- CJS issues, have done outstanding operations spending; second, it reduces eign Relations Committee to blend in

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18136 CONGRESSIONAL RECORD — SENATE December 7, 1995 the U.S. Agency for International De- perfect, this legislation nevertheless the Violence Against Women Act, leg- velopment Program, the U.S. Informa- represents an honest effort to achieve a islation that I worked on with Senator tion Agency, the Arms Control Disar- fiscally responsible Federal budget. BIDEN to get passed last year. As most mament Agency, and the other par- Of course, there are programs that I of my colleagues are aware, I have long ticular programs that they have in the would like to receive more money. I opposed programs I believed were mere Department of State is, I think, a salu- am sure there is not a single person sit- pork projects. In fact, I led the battle tary initiative on the chairman’s part. ting in this Congress who would not against last year’s crime bill because I I have worked the budgets. Specifi- want to spend more money on some felt that it had ballooned in terms of cally, if they appointed me the Under particular program or issue. This bill, unjustified costs. The Violence Against Secretary of State in charge in Africa, however, represents a compromise be- Women Act, however, is an important I could look over and could designate tween our desires, and our true, fis- program that deserves to be fully fund- the needs. At the present time, if I did, cally responsible, law enforcement ed. The act provides funds for: rape pre- the AID Director would say, ‘‘Oh, no, needs. vention education; battered women this is where we are going to put it.’’ To my colleagues that voted for the shelters; the investigation and prosecu- And he has all the money. balanced budget amendment, I would tion of domestic violence and child We need a coordinated effort. We can ask them to vote for this bill. To my abuse in rural areas; treatment and save, really, millions with the par- colleagues who voted against the counseling programs for victims; and ticular initiative. I happen to know, as amendment, but believed we needed a grants for developing community do- he knows, five Secretaries of State balanced budget and could achieve such mestic violence and child abuse edu- have recommended this. I intend to a budget, I tell them now is their hour. cation programs. support the distinguished chairman of Now is the time. This is an opportunity These programs are vitally impor- our Foreign Relations Committee. I for them to prove that they can exer- tant. Prosecutors and police officers state that as having been at the finan- cise the discipline and restraint needed must become more sensitized to the cial end of these endeavors on appro- to achieve a balanced budget. problem of violence against women. priations for over 25 years now. Even with the cuts necessary to Women who are abused by their Mr. HELMS addressed the Chair. achieve a balanced budget, I would spouses must have a place to stay and Mr. GREGG. I yield to the chairman note that the Department of Justice must have counseling available to re- as much time as he desires. receives a nearly 20-percent increase pair their shattered lives. Resources The PRESIDING OFFICER. The Sen- over fiscal year 1995. The violent crime need to be channeled to stem the tide ator from North Carolina. reduction trust fund, moreover, will be of violence directed against women. Mr. HELMS. Mr. President, I have increased by some $1.6 billion. While According to Justice Department enjoyed working with both of these the conference bill does not provide data, nearly a half-million women were Senators—a little longer with Senator federal law enforcement with as much forcibly raped last year. Some studies HOLLINGS, because he and I have been money as I might otherwise want it to, estimate that the total number of around here longer. But the Senators it nevertheless represents an enormous rapes, including those not reported to from New Hampshire and South Caro- commitment to fund core federal law authorities, may exceed 2 million. lina are remarkable Senators. And I enforcement programs. Similarly, domestic violence strikes appreciate your comments, Senator For example, the conference report at the heart of the most important po- HOLLINGS. I thank Senator GREGG. provides the Immigration and Natu- litical unit in America—the family. Mr. GREGG. Mr. President, at this ralization Service with nearly $2.6 bil- The family should be a safe harbor for point I suggest the absence of a lion. This represents a 23.5-percent in- those tossed about by the storms of quorum and ask the time be charged crease over fiscal year 1995 enacted lev- life, not a place of abuse or degrada- equally to both sides. els. The conference agreement provides tion. The PRESIDING OFFICER. Without funds for 800 new Border Patrol agents The act is one small, albeit vital, objection, it is so ordered. The clerk and 160 new support personnel. step toward addressing the problem of will call the roll. If you look at this chart, the Depart- family violence, and violence against The assistant legislative clerk pro- ment of Justice budget authority be- women generally. A vote for this con- ceeded to call the roll. tween 1990 and 1996, you can see that it ference bill means a vote to combat vi- Mr. GREGG. Mr. President, I ask is going up dramatically from around olence against women. unanimous consent that the order for $81⁄4 billion up to almost $16 billion. It The conference bill also contains leg- the quorum call be rescinded. has almost doubled in the last 6 years. islation I introduced with the distin- The PRESIDING OFFICER. Without So we are spending an awful lot of guished majority leader to reform friv- objection, it is so ordered. money, and I think doing it in the olous prison litigation. This landmark Mr. GREGG. Mr. President, I yield 15 right way. legislation will help bring relief to a minutes to the Senator from Utah. The bill also increases, by some 1,400 civil justice system overburdened by The PRESIDING OFFICER. The Sen- positions, personnel dedicated to ap- frivolous prisoner lawsuits. In 1994, ator from Utah. prehending, locating, and deporting il- over 39,000 lawsuits were filed by in- Mr. HATCH. Thank you, Mr. Presi- legal aliens. mates in Federal courts, a staggering dent. The FBI receives over $2.5 billion, a 15-percent increase over the number Mr. President, I rise today to urge 9.8-percent increase over 1995 enacted filed the previous year. The vast major- my colleagues to support passage of levels. Additionally, construction funds ity of these suits are completely with- the Commerce, Justice, State appro- are provided to renovate the FBI Com- out merit. Indeed, roughly 94.7 percent priations bill as it has come from the mand Center, to modernize the FBI of these suits are dismissed before the Appropriations Committee so that we Training Academy for use by Federal, pretrial phase, and only a scant 3.1 per- can get it to the President. As every- State, and local law enforcement offi- cent have enough merit to reach trial. one is well aware, the President has cers, and to begin construction on a In my home State of Utah, 297 inmate signaled that he will veto this bill. We new FBI laboratory. suits were filed in Federal courts dur- need to pass the bill and then begin the Similarly, the U.S. attorneys offices ing 1994, which accounted for 22 percent task of fixing any of the remaining receive an over 8.5-percent increase in of all Federal civil cases filed in Utah problems contained in this legislation. funds compared to the 1995 enacted lev- last year. The crushing burden of these We are at a watershed moment in els. frivolous suits is not only costly, but this Nation’s history. We are deciding The DEA receives some $806 million, makes it difficult for courts to con- whether or not we will have a balanced a 6.4-percent increase over last year. sider meritorious claims. budget or whether we will continue to This provides DEA with funds to im- Indeed, I do not want to prevent in- plunge our Nation into debt and mort- prove its infrastructure and to better mates from raising legitimate claims. gage our children’s futures. This bill support investigative efforts. While the vast majority of these claims represents one piece in the puzzle to In addition to these law enforcement are specious, there are cases in which achieving a balanced budget. While im- expenditures, the bill also fully funds prisoners’ basic civil rights are denied.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18137 Contrary to the charges of some crit- lease programs to relieve crowding— significant factor, and 20 percent re- ics, however, this legislation will not the ‘‘Corrections Yearbook,’’ 1994. In ported that these incentives were the prevent those claims from being raised. other words, 21,000 criminals were re- main or only factor. The legislation will, however, go far in turned to the streets not because they Thus, even under last year’s weaker preventing inmates from abusing the were no longer a threat to law-abiding truth-in-sentencing provisions, Federal judicial system. citizens, but merely because there was progress is being made. However, this They will have to pay something to not enough room to keep them in pris- bill is necessary to protect those gains file these charges, and that stops a lot on. and ensure that they continue. Under of the frivolous cases right there. And The Federal Government, of course, last year’s bill, States may qualify for there are other mechanisms that will cannot solve this crisis for the States. truth-in-sentencing funds by enacting make them think twice before they file But it can and should provide meaning- laws providing for truth in sentencing frivolous law suits. ful emergency assistance. only for second-time violent offenses. This legislation will also help restore This bill also provides meaningful in- Even more astonishing, States that balance to prison conditions litigation centives for States to enact truth-in- do nothing to change their laws could and will ensure that Federal court or- sentencing laws. At least 50 percent of end up with a chunk of the truth-in- ders are limited to remedying actual the funds under this program are re- sentencing grants by simply waiting violations of prisoners’ rights, not let- served for States that practice truth in for the funds to revert to the general ting prisoners out of jail. It is time to sentencing. It is appropriate for the grant fund, as the last year’s bill pro- lock the revolving prison door and to Federal Government to encourage the vides. Keeping faith with the States put the key safely out of reach of over- States, through the provision of extra that have made legitimate strides in zealous Federal courts. funds, to adopt truth-in-sentencing As of January 1994, 24 corrections laws that honestly tell citizens—and their area requires that we eliminate agencies reported having court-man- warn criminals—what the penalty is these potentially unfair loopholes. dated prison population caps. Nearly for breaking the law. This does not It is also vital, however, that we pro- every day we hear of vicious crimes mean that the Federal Government vide allowances for differences among committed by individuals who should should dictate any particular sen- state correctional policies, and not pe- have been locked up. Not all of these tencing system or sentence length. But nalize States that practice indetermi- tragedies are the result of court-or- it does mean that those States with nate sentencing, yet do an admirable dered population caps, of course, but criminal justice systems that mean job of keeping violent criminals off the such caps are a part of the problem. what they say should be rewarded. streets. My home State of Utah, for ex- While prison conditions that actually I would like to briefly dispel a mis- ample, employs a release guideline sys- violate the Constitution should not be conception about this truth-in-sen- tem that allows the board of pardons to allowed to persist, I believe that the tencing provision. Some of my col- keep the worst criminals off the streets courts have gone too far in micro-man- leagues are concerned that this provi- longer than would be possible in many aging our Nation’s prisons. sion will mandate that States adopt determinate sentencing systems. This This bill also contains important long sentences that they cannot afford amendment accommodates successful changes to the Prison Grant Program. to impose. This is simply not the case. indeterminate sentencing States. The conference bill provides nearly $618 The issue is not sentences of any par- Finally, I would like to address the million in grants to States to enable ticular length, rather, it is truth in law enforcement block grant proposal. them to engage in the emergency sentencing. Recent data from the Bu- While I do not fully support the lan- buildup of prison space and to encour- reau of Justice Statistics demonstrate guage of the current proposal, I never- age the States to adopt tough truth-in- that as of 1991, State prison inmates theless believe we should pass the con- sentencing laws. In contrast, the Presi- serving sentences for violent offenses ference report and fix the problems dent requested only some $500 million expected to serve less than half of their after the President returns it to us. for prison grants. sentences. This proposal improves, at least in cer- The conference bill makes four key The data also show that the inmates’ tain respects, the administration’s so- changes to the prison grants provisions expectations were accurate—violent called COPS Program. I understand included in the 1994 crime bill: prisoners released in 1994 served an av- that the President prefers the COPS First, it authorizes significantly erage of only 46 percent of their sen- Program, but I believe that a block more resources to assist the States in tences—‘‘BJS Selected Findings, Vio- grant program better supports the implementing a much-needed emer- lent Offenders in State Prison: Sen- local communities law enforcement gency buildup in prison and jail space. tences and Time Served, July 25, 1995.’’ needs. Second, it removes onerous and un- Moreover, in 1991, the Department of To begin with, this program moves us necessary Federal strings that were at- Justice reported that the average mur- away from the Washington-knows-best tached to the 1994 grant program, and derer was sentenced to 20.5 years, but philosophy. The proposal returns re- that would have eaten up a significant served only 7.7 years; the average rap- sponsibility to frontline local law en- portion of the grant money provided. ist was sentenced to 13.3 years, but forcement officials. If, for example, a Third, it ensures that the Federal served only 4.6 years; and the average community believes community-ori- money will be used to increase avail- robber was sentenced to 9.9 years, but ented policing works best in its juris- able prison space, instead of permitting served only 3.3 years. This is out- diction, it can hire police officers and the funds to be used for a variety of so- rageous. structure a community policing pro- called alternative sanctions, which Continued public confidence in our gram. If, however, the community would have left the States in the same criminal justice system requires that needs bullet proof vests or communica- dire need of prison space at the end of sentences mean what they say. A 20- tions equipment, it can buy that equip- the grant program as they are now. year sentence should not mean release ment with these funds. Finally, it includes meaningful in- in 7 years, once a person has com- centives—not mandates—for the enact- mitted a murder and been convicted of A serious problem with the so-called ment of State truth-in-sentencing it. This legislation will provide the COPS Program is that the award is en- laws. States with grant incentives to ensure tirely discretionary. It lacks a solid Prison crowding in many of our that violent criminals serve the sen- formula and instead depends upon the States has reached crisis proportions. tences imposed. good graces of Washington bureaucrats The average prison system in the Furthermore, Federal incentives to distribute the money. United States is operating at 112 per- work. A recent report from the Na- The conference report, however, es- cent above its rated capacity. In 24 tional Institute of Corrections stated tablishes a formula to distribute the States, prisons are under court-ordered that of the 29 States that considered money on a fair, consistent basis. Com- population caps. And, in 1993, an esti- truth-in-sentencing legislation in the munities will no longer have to wonder mated 21,000 inmates in 18 States were 1995 legislative session, 60 percent re- whether or not they are going to re- released under so-called emergency re- ported that Federal incentives were a ceive a grant.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18138 CONGRESSIONAL RECORD — SENATE December 7, 1995 This proposal also contains a lower either the No. 1 or No. 2 or number No. authorities, particularly in the Las matching requirement than the Presi- 3 industry in every State in America. Vegas and Reno areas, where the two dent’s program. Therefore, poorer com- It generates $417 billion annually and is most active authorities exist, putting munities can hire more police with less recognized as being, with the possible together that partnership which made of a financial strain on the community. exception of the health care industry, it possible for us to generate the larg- By lowering the match, we do not pe- the largest employer in America. est growth of tourism that has oc- nalize poorer cities that cannot afford In the context of our difficulty with curred in the history of Nevada. it. This is what the American people the international trading accounts, So I must say that I am extraor- want—assistance in handcuffing crimi- where the United States suffers from dinarily disappointed in this. It is bi- nals not handcuffing communities. an enormous trade imbalance, when all partisan in every sense. We ought to, it Critics complain that a block grant of those individual categories are seems to me, in the interest of making will lead to the abuses of the old LEAA added together, it is a shining example some sense, see if we cannot at least Program of years past. I would note, of where we enjoy a trade surplus, net keep this agency one more transitional however, that LEAA did far more good trade surplus, of some $22 billion. year. than harm. And many of the LEAA So this is an agency that is worth In that sense I certainly would invite grants occurred before the every penny that is expended. Putting comment from either the floor man- professionalization of the Nation’s po- this in the context of what is hap- ager or the minority floor manager lice forces. I do not believe that the ex- pening in the world today, out of the here in terms of, do we have any cesses that occurred under the LEAA 175 major countries in the world, we chance, my colleagues, of getting this would occur under the proposed legisla- will be the only one without some type funding, as the President indicated he tion. Indeed, I think that the Byrne of a national tourism office. The tim- is going to veto the bill so it will come grants stand as a testament to the ing of this, it seems to me, is particu- around again. ability of local communities to wisely larly bad. We are talking about jobs, I certainly would pledge to work with look after their own best interests. travel tourism provides 6.2 million di- the distinguished floor manager from While this conference report is im- rect jobs, and is growing at twice the New Hampshire, my long-time friend, perfect, I encourage my colleagues to rate of job growth in the national aver- the former chairman of the Senate support it and permit us to fix any re- age. Commerce Committee and one who ac- maining difficulties after the President So this generates economic growth tually presided at the birth. This ought has vetoed it. In closing, I would just here at home, jobs, $417 billion in the not to be an issue that divides us, Mr. like to thank Senator GREGG for his economy. In terms of the international President, on partisan grounds because work on the report. He has consistently trade, we have a net surplus of $22 bil- it has broad bipartisan support. The sought out the views of the Judiciary lion. And all we sought to accomplish Governors support it. The private sec- Committee and has attempted to incor- in this bipartisan amendment was to tor is most energized, and as I say, this porate our views into the final product. keep the agency funded for one more White House tourism conference was I look forward to working with Senator year, one more year, at a level of $12 the first time in years I have been in- GREGG. million. volved where we actually brought in Mr. HOLLINGS. Mr. President, I What the conference report did, it every segment of the tourism industry, yield—5, 10 minutes? seems to me, is absolutely indefensible, focusing on a strategy of how we can Mr. BRYAN. I would appreciate it if both in terms of philosophy as well as increase our international travel. the Senator will yield 10. I probably I would certainly invite comments pragmatism. It will cost us under the will use less. from my friend, the Senator from provisions of this conference report, to Mr. HOLLINGS. I yield 10 minutes to South Carolina. the distinguished Senator from Ne- terminate this agency immediately, $8 Mr. HOLLINGS. If the distinguished vada. million. We get nothing for that $8 mil- Senator will yield, Mr. President, let The PRESIDING OFFICER (Mr. lion. It simply represents severance me first acknowledge the leadership of KYL). The Senator is recognized for 10 pay to existing employees and the var- the chairman of our tourism caucus. As minutes. ious costs that are incurred in termi- he has indicated, he has correlated a Mr. BRYAN. I thank the distin- nating existing contracts. I mean, in is most wonderful coordinated effort on guished Senator from South Carolina. like cutting off your nose to spite your both sides of the aisle and more or less Mr. President and my colleagues, I face. some on the House side. wish to express my profound dis- This makes no sense at all, Mr. Presi- But I say to the Senator, in respond- appointment that the U.S. Travel and dent. And I know the distinguished oc- ing—I must say that the House con- Tourism Administration funding is not cupant of the chair from my neigh- ferees were pretty adamant. The Sen- included in this bill. boring State knows how important ator had the cooperation of our distin- I know that my friend and the rank- tourism is to his own State. We share a guished chairman. The Senator had the ing member of the Commerce Com- common interest in one of nature’s cooperation of this particular Senator. mittee, Senator HOLLINGS, proudly and great wonders in the Southwest, the And we continue to do our very best. rightly proclaims himself as one of the Grand Canyon. But I can tell the Senator, they were founding fathers of this very important International tourism is driven to a pretty intransigent on the House side. function. We are talking about some- large extent in our part of the world Mr. BRYAN. I am not unmindful of thing that in the current year is funded because of the interest and desire in the difficulties that occur in trying to at a modest level of $16 million. It is a seeing this great wonder of nature. We reconcile differences between the two program which has enjoyed bipartisan spend less than Malaysia, Tunisia, bodies. support. I wish to emphasize that. countries that are not ordinarily iden- I say to the distinguished chairman When we came to the floor earlier this tified as states that are in the van- of the subcommittee, the floor man- year to amend the Senate version to guard of promoting tourism. ager, the Senator from New Hampshire, continue it for a 1-year transition, a 1- So I must say that I think we miss a I pledge to work with him as well to— year transition of $12 million in fund- tremendous opportunity here. We just this is not a partisan issue. And I ing, we had the support of Senators had a very, very successful White would certainly, if he has any thoughts MCCONNELL, HOLLINGS, MURKOWSKI, House conference on tourism. Bipar- in terms of how I could be helpful, INOUYE, THURMOND, DASCHLE, and many tisan in every sense. It is the first time those of us who have spent a good bit others. in the years that I have been involved of time in trying to work out a reason- So the point I wish to make to my in the tourism movement. And I was able compromise, reorganizing that the colleagues is that this is not an issue very much involved, as the Governor of agency is going to be terminated at the which had as a cutting or defining edge Nevada, in putting together, in our end of the next fiscal year under the any sense of partisanship. We had State, a strategy at the State level to proposal that we advanced as a com- broad bipartisan support. develop a comprehensive approach to promise measure, I certainly would be Why do I think this is such an impor- tourism that compliments what is done happy to be guided by his suggestion in tant function? First of all, tourism is with the local visitor and recreation terms of how we might approach our

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18139 colleagues in the House who are per- eral dollars. I can represent to the Sen- chief executive of his own State. I have haps less informed about what this ator from New Hampshire that, if we some sympathy and understanding of means to all of us. can get this compromise in a future how effective the Senator can be. Our Whether we are from the West, the conference report, because the Presi- distinguished friend from South Caro- Northeast, the South, wherever, clear- dent indicated he is going to veto this, lina also served as a chief executive of ly we have an industry which is grow- that I will represent to him it will be his State. So, together, we can work on ing enormously. We are going to have my intention to oppose any attempt to this. We are only talking about $12 mil- 661 million people that will be trav- extend the agency beyond that year, lion. I think we may be able to get that eling throughout the world by the turn based upon a representation that we back in. of the century. And America is the made on the floor. I thank the Senator. travel bargain of the world. I certainly So I am not part of any effort, I can Mr. GREGG. I appreciate the com- would be happy to yield to my friend assure my colleague, to just keep it ments of the Senator from Nevada. from New Hampshire and take any sug- alive this year and then argue, ‘‘Well, Probably the best way we can get that gestions that he might have in terms of look, we need to keep it alive another money is to get the entire Congress out how one might work with him and our year.’’ This is $12 million. This is it. of here for Christmas. Senate colleagues who understand how And this is the transitional year for At this point, I suggest the absence important this is. the industry. of a quorum and ask that the time be Mr. GREGG. I certainly appreciate The PRESIDING OFFICER. The time charged equally to both sides. the Senator from Nevada’s interest in of the Senator from Nevada has ex- The PRESIDING OFFICER. Without this, and his understanding of the im- pired. objection, it is so ordered. The clerk portance that tourism plays in the Mr. GREGG. Mr. President, I yield will call the roll. economy, obviously of his great State, myself time. The legislative clerk proceeded to but many of our States, tourism being The Senator from Nevada has ex- call the roll. the largest employer in the State of pressed a good case in the context of Mr. BIDEN. Mr. President, I ask New Hampshire. ‘‘we are going to terminate this agen- unanimous consent that the order for However, I think the concerns that cy; is it $12 million or $2 million we the quorum call be rescinded. the House raised had some credibility. need to do that.’’ The concern the The PRESIDING OFFICER. Without They were concerned about the fact House raised, I think, is a legitimate objection, it is so ordered. that this agency, although on a theo- concern. Mr. BIDEN. Mr. President, it is my retical downward glidepath toward I want to give a very distinct clari- understanding that there is roughly 1 being eliminated, may actually have a fication on this. As I understood the hour 40 minutes under my control. Is certain Phoenix-like quality to it, as a small business conference report, they that correct? result of the conference may actually wanted to follow, or suggested they fol- The PRESIDING OFFICER. That is be coming back to us with the request low, the Canadian system where the correct. for funding which would be in the mul- private sector does put in $50 million, Mr. BIDEN. Mr. President, I yield tiple millions of dollars, approximately but the Government puts in a match- myself such time as I may use up to $50 million as a joint venture exercise. ing amount, and that there is, if not that point. So I think they decided that rather stated, at least an implication we are I rise today in opposition to the De- than go through the gnashing of teeth going to end up with a joint program partment of Justice appropriations in and trauma of fighting this battle a involving the Federal Government or a this conference report and an attempt year from now, to fight it now and ter- request for a joint program involving by my Republican colleagues to rewrite minate the agency. They were very in- the Federal Government once the pri- the anticrime legislation on an appro- sistent in their position. I suspect that vate sector has raised the $50 million. I priations bill. it will be difficult, depending on how think that is the concern. That type of In my view, it is a lousy idea to re- this bill comes back, to change that po- contingent, potential liability should write crime policy on an appropria- sition. be nipped now rather than get into the tions bill, wiping out major programs But I am certainly happy to sit with fight at a later date. the Senate created only last year after the Senator and work with him on any We will certainly rejoin this issue 6 years of extended debate and replac- ideas that he might have. I think the when we get the bill back, and I appre- ing it with new programs without re- real concern here is that we be on a ciate the Senator’s thoughts. view or debate and doing it all on an glidepath to termination and that we Mr. BRYAN. Will the Senator yield appropriations bill. It is unnecessary, not be on a glidepath that is sort of a for the purpose of a single question? in my view, and it is completely con- touch and go. Mr. GREGG. Certainly. trary to how the Senate has tradition- Mr. BRYAN. I appreciate my friend’s Mr. BRYAN. Let me say, clearly the ally worked. comments. If I might respond and en- decision that we deal with is, what do I assume—and I see the distinguished gage him in a constructive colloquy. we do during this critical year? I un- chairman of the appropriations sub- The $50 million that the Senator made derstand the concern that may be ad- committee is here—I assume it is be- reference to is $50 million of private- dressed as to, will there be a request cause you cannot get the votes straight sector capital. As I am sure the Sen- next year or the year thereafter? I put up and down to change the law through ator from New Hampshire is aware, at my own credibility on the line and tell the authorizing process, because I have the White House conference one of the the Senator that, to his House col- not seen anybody come here to the reasons that was part of the com- leagues and to our House colleagues floor and say they do not want 100,000 promise—which was accepted by the who may have that concern, this is not cops. I have not seen anybody come to Senate—that was crafted in the fashion a guise to come back next year or the the floor and say they do not want the in which it was was that we recognized year thereafter. This, I think, is a very prison money the way it is allocated. that the agency would terminate at the practical way to deal with the situa- The argument goes on. But it is kind of end of this fiscal year under the pro- tion, which we all acknowledge that doing it in a way that obviates that posal the Senate embraced. Therefore, the Agency is going to be terminated kind of debate, discussion and votes on during this transitional year the indus- after the end of the year, as a practical individual items within the crime bill. try would have to come up with this $50 matter. For $12 million, we get the ben- We all know that the Republicans million. efit of a functioning Agency; for $8 mil- have wanted to change the crime bill, I say to the Senator—I know he lion, we get no benefit at all and sim- and they have wanted to change it knows this; perhaps our House col- ply pay folks to terminate contracts since it was passed, I assume in part leagues have not followed as closely; and for severance pay. because it has a Democratic label on it. again, I would certainly be delighted to To the extent I want to be helpful, I I have not heard many other compel- work with him—that $50 million is not assure the Senator I want to work with ling reasons why it is a bad idea. But an attempt to come in sideways or in him and encourage him to use his own they say it is in their Contract With the back door to get $50 million Fed- legendary persuasive skills as a former America to change the crime bill. I do

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18140 CONGRESSIONAL RECORD — SENATE December 7, 1995 not know anywhere under the Contract lished a year ago in the crime law and What we did, we fired cops. We fired With America the American people maintained in the Senate appropria- cops; we fired firemen; we fired law en- said they do not want 100,000 more tions bill. Because we had this debate, forcement people who we were paying cops. I do not know of any police under remember. We did this over here for with county funds and we rehired the Contract With America who say through the appropriations process. them with the Fed money. they do not want to build any more And as they say in the southern part of I see some of the staff on both sides prisons or who say they want to go my State, ‘‘Y’all lost.’’ are smiling. That is what we did, and back to the old LEAA days where cops But never fear; GINGRICH is here. So that is what will happen again. Be- could buy Dick Tracy watches, and you headed to the other side, and you cause then we would say—I will never small municipalities could buy ar- caved in in conference and now are forget sitting in a county council meet- mored personnel carriers, and you back here, I assume in part, to be able ing. The chairman of our council was a could spend money on public defenders to go home and say, ‘‘We didn’t cut the very distinguished man, his name was instead of on a cop, which you can do 100,000 cops program.’’ C.W. Buck. I mean that sincerely. He now the way the Appropriations Com- We have already funded more than was a very distinguished Republican. mittee has rewritten this legislation. 25,000 new police officers across the His father had been the Governor of the I do not recall anybody who ran as a country in this first year alone, and I State of Delaware. I turned to Mr. Republican on the Contract With challenge any of you to go home and Buck, saying, ‘‘Mr. Chairman, how America campaigning on those issues. hold a press conference and say you did much will this cost us?’’ He looked at The fact is that Senator DOLE and Sen- not want those cops to come to your me and said, ‘‘It will not cost any- ator HATCH at least had the good grace State—25,000. ‘‘Moses’’ Heston, better thing.’’ I said, ‘‘Why?’’ He said, ‘‘It is to straightforwardly introduce a bill to known as Charlton Heston, ran ads, Federal money. We don’t have to put change the 1994 crime law, and they was on an ad for months when we were up a cent.’’ have every right to try to do that. debating this crime bill saying there So in New Castle County, DE, and They introduced such a bill, but they was not even enough money in here for Wilmington, DE, we laid off cops, then have not chosen to act on it. No one 20,000 cops. We already have 5,000 more hired them back with Federal money. has called up the crime bill. than ‘‘Moses’’ thought would be in the What was the net effect? Not one ounce Where is the crime bill? I have been bill, with 75,000 more to come—unless of additional public safety, guaranteed. hearing since the day that Mr. GING- this became law. Not one new cop. But, boy, it is real ap- RICH became Speaker and the Demo- There are 25,000 that police depart- pealing when you are the county execu- crats lost control of the Senate that ments across the Nation have already tive and real appealing when you are one of the first items on the agenda put in place, and police departments the Governor and real appealing when was a Republican crime bill. Well, across the Nation have already applied you are the mayor not to have to come bring it on. Where is it? Where is the for more than $0.5 billion in fiscal year up with any money, and then go tell Republican crime bill? Let us debate it. 1996 to fund an additional 9,000 new your constituents what you are doing But, no, the Republican crime bill is cops, and these pending applications for them. now in the appropriations bill, allowing are now threatened by this conference Now, look, if Governors and mayors— everyone to go back home and say, no, report. In its place is a law enforce- if the reason you Republicans are doing I did not eliminate the 100,000 cops; I ment block grant, the old LEAA Pro- away with this program is in the name did not eliminate the drug courts; I did gram, which is written so broadly that of helping localities so they do not not do that; I did not change any of the money could be sent back to the have to put up their money to get a that. All I did was vote for an appro- States, could be spent on everything cop, great. Under the existing legisla- priations bill to give you more flexi- from prosecutors to probation officers, tion, they did not have to ask for a bility. from traffic lights to parking meters, cent. There is no requirement that Translated, you do not get 100,000 and not a single new cop. The block says, Athens, GA, must send in a re- cops. Translated, you do not get what grant, this block grant that is in the quest for more cops. Athens, GA, or is in the crime bill. Where is the Re- bill now has never been authorized by Berlin, NH, they say, ‘‘We don’t want publican crime bill? Please bring it to the Senate. any more cops and we don’t want any the floor. I have been waiting to debate Let me explain why, when I wrote more Federal money.’’ No problem. it. I can hardly wait. But it looks like this bill in the first place, now the Send it to Delaware. We will pay. I am going to wait until the next Con- crime law, I insisted it go for cops. Be- So in the name of helping localities, gress, assuming I am here, which is not cause the way it works now is that in letting them, from a ‘‘block grant’’— an assumption I am relying upon. order to get a new cop at home the that is a code word, folks. Block grant This is a blatant attempt to sidestep Federal Government will put up rough- means ‘‘we don’t have to spend it for the usual process in this body and, I ly $75,000 if the mayor, the county ex- cops because cops cost us money. It think, by stealth to try to get it both ecutive, or whomever puts up the rest. costs us money.’’ Governors and may- ways. This bill is, of course, dead. But it requires the mayor, the county ors and county executives, they have Dead. Dead. It is not going nowhere, to executive, the Governor to step up to their budget people coming in saying, use the vernacular. It may have the the ball, stop mouthing to their con- ‘‘Look, Gov, look, Mr. County Execu- votes to pass here. I hope that allows stituents they want more cops; they tive, look, Madam Mayor, if you sign you all to say that you have fulfilled just cannot do it. But under this legis- on to this, this means we have to, for your contract with yourselves, but you lation, they will get the money and the next x number of years, put in our are sure not fulfilling a contract with they will not buy the cop because when share of what this additional cop is the American people. they buy the cop, they have to make a going to cost us.’’ I hope you will feel good about that commitment they are going to keep It is like what you find in most and then maybe, after you come back, that cop for 5 years and they are going States. I have never been to a State after the President vetoes this, we will to straightforwardly tell the voters, legislative body—and I have been to a go through this again. Let us do it their constituents, that is what they number and had the privilege of speak- straight up, because I want you to are spending the money for. It is going ing to a lot of them—but Democrat or stand up on the floor and say, I do not to be a lot easier for them when they Republican, where they did not have, want 100,000 cops. Say it. We will de- do the budget now to say, I can make in the State legislature, debate that bate it. Take it to the people. it look like we are making progress goes like this: ‘‘You know, violent Notwithstanding that we will be here; we will not hire any new cops. We crime is an overwhelming problem in right back here doing this again in a will pay for those traffic lights we were the State of x, and we must do more to few days, I should like to list and then going to buy out of our city taxes with fight crime. We’re going to pass laws explain some of the major changes this Federal dollars. that increase the penalty tenfold, and conference report proposes. First, as I I used to be a county councilman. we are going to do this, and so on.’’ have mentioned, it would eliminate the That is what we did with the old LEAA They do pass all the penalty laws. 100,000 cops program that was estab- money. We did not hire any more cops. And then somebody has the temerity

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18141 to say, ‘‘By the way, we don’t have these programs were targeted for sepa- niority is. I think I am 16, 17, 15, some- enough prisons to put these people in. rate funds in addition to the funds for thing like that. In light of the 99 deci- We don’t have the prisons. There’s not the 100,000 cops. sions not to run again for office, if I get the space.’’ And then what do those But under the conference report of elected again, I may even be higher. folks do? Do they go to you, the voters, the Appropriations Committee, a I made the wrong pick. I came here and say, ‘‘Well, you know, we have got mayor would have only the amount of to legislate. I should have gone on the to raise your taxes to build more pris- the block grant out of which all efforts Appropriations Committee. I made a ons’’? Oh, no. They tell you how tough would have to be funded. The result big tactical mistake here. Had I gone they are, and then they let the folks would be that proven crime-fighting on the Appropriations Committee, I out of prison. programs that the Congress voted to would be the No. 3 or 4 ranking person That is why, by the way, nationwide, support last year would be effectively on that committee. Why have a Judici- if you live in the State of Pennsyl- eliminated. ary Committee? Why have a Commerce vania, you live in the State of Cali- I hear everybody talk, especially my Committee? Why do this? They do not fornia, you live in the State of Texas, good friend from Texas, PHIL GRAMM, legislate any of this. when you get sent to jail, you do not go talk about being tough on crime. And I I ask a rhetorical question: Why did to jail for the time for which you are hear a lot of my folks out there—a lot my friends, Senator DOLE and Senator sent. You get 10 years for robbery? You of folks on your side of the aisle—talk HATCH, not bring their crime bill to the serve on average 4.6 years. But guess about a lot of these liberal mayors. Judiciary Committee to be acted on? what? In the Federal Government, you Well, guess what the liberal mayors are Why did we not do that? I respectfully get sentenced to 10 years, you go to jail going to be able to do with your block suggest it is because they did not have for 10 years. Bingo. grant? They are going to be able to put the votes to win. I respectfully suggest You ever wonder why folks do not it all in programs if they want. They that in order to win, you would have to want to be tried in a Federal court and can go out and put it all in boys’ clubs say, ‘‘By the way, we don’t want 100,000 they prefer to be tried in a State court, and girls’ clubs if they want. They can cops added by this crime bill; we don’t even in tough hang-them States like put it all in prevention if they want, want more prisons built in this crime Texas and States like mine? Because and not one new cop if they want. bill the way we had; we want to change they are not nearly as tough as the Now, all of a sudden, I am amazed it.’’ Federal Government, because we put how trusting you are. I hear Senator Any of you who doubt what I am say- our money where our mouth is. We GRAMM and others talk about the lib- ing, any of the press who is listening to have said, ‘‘You do the crime, you do eral Conference of Mayors. Well, my this, you go ask any chief of police in the time.’’ It is called the Sentencing Lord, you are a trusting bunch. You the United States of America, you go Commission. I authored it with several really are. You have seen the light. I ask any superintendent of the State other people back in the early 1980’s. guess you are for straight prevention police in any State in America, you go now. What do you think the cities are And we do not fool around. ask the head of any county or city po- The point I am making is one that is going to do with this money? You and lice organization, and you ask him or not popular to make, and I should not they are going to go out and hire cops? her whether or not they think they will make, I am sure my political folks are Oh, yeah, right. With their tight budg- fare better with their budgets for their going to tell me, but it is the truth. We ets? So you folks on the Republican city, State or county with a block let the States off the hook, we let the side, I am amazed, have become the grant that allows the legislature and cities off the hook. They will not hire lily-livered liberals, what I am called the Governor to use it any way he over on this side. You all are the ones the cops, and that is what you all are wishes, or whether they will fare better now changing the rules. You are chang- doing. That is what you Republicans with the proposal with 100,000 cops. ing the rules. are doing here. It is not going to en- You ask them. Now that this can be all spent for When I wrote this legislation, Mr. hance public safety one iota. prevention, who are the tough guys? I I want 100,000 new cops on the street. President, I wrote it by first calling in hope you are not going to stand up and That is why I wrote the bill. We have the six major police organizations and make any more of those speeches roughly 550,000 local police officers. asking them, ‘‘What do you need most about, ‘‘Lock them up and throw the When this crime bill is all over and we to deal with the crime problem in key away, and don’t take my mama’s spend $30 billion, if you all have your America? What do you need the most?’’ gun away,’’ the ones we hear, you And they told me. So I wrote the bill way, we will have 575,000 cops on the know, rolled out every 4 months or so. street, maybe. I want 650,000 cops on Block grant means just that, it is a with them in the room. They were the ones who said, point the street. We need more cops. block grant: ‘‘Here you go, Mr. Mayor, blank, ‘‘If you don’t require the Gov- Again, you do not have to ask for a do with it what you wish.’’ single cop, Governor; you do not have You all ran ads, your national party ernors, the mayors to come up with to ask for a single cop, Madam Mayor; ran ads last election of prisoners danc- some of the money for only cops, we you do not have to ask for a single cop, ing in tutus. I thought it was really won’t get any new cops, because we’re County Executive. But if you ask, you good. It was a great ad. It shows these an expensive item. When we sit down in have to kick in, and we will give you prisoners dancing in pink tutus saying, the budget process in our town or our $75,000 per cop on average. Pretty ‘‘That’s what the Democrats want to city, we have to say to the mayor, ‘Mr. healthy commitment by the Federal do.’’ That is not what we did, but that Mayor, if you hire this police officer, Government. is what you are doing. Can you imagine you are taking on a salary of X amount Let me tell you what else this bill where this money would go if Jerry and benefits of Y amount and you are would do. This bill would completely BROWN were still Governor? making a long-term commitment, and eliminate or severely restrict other And you talk about getting tough on that is going to impinge on your budg- programs set up in the 1994 crime law, crime? This is not tough on crime, this et not this year but every year that like the Drug Court Program, the is just dumb. This just does not make that cop is around.’ But when you don’t Rural Drug Enforcement Grant Pro- any sense. If we are going to legislate do it this way, Joe, what you do is you gram, the Law Enforcement Scholar- by fiat like this, then we might as well allow them to say they are fighting ship Program, the Scams Program for do away with committee systems, with crime by putting lighting in parks. fighting telemarketing fraud against hearings, with subcommittee markups, That is a one-shot operation and a util- senior citizens, that the Senator from with full committee markups, with ity bill. Putting up traffic lights, that Utah, the distinguished chairman of careful consideration of authorizing is a one-shot operation. Hiring a proba- the Judiciary Committee, Mr. HATCH, legislation. We can simply do all our tion officer,’’ which I am all for hiring, authored and I coauthored. There are Senate business by appropriations which costs less money and allows the tried and tested programs that fight bills, which is the way we are doing it city or county or the State to reduce youth violence, for example, by putting these days. the rest of their State budget to do boys’ and girls’ clubs in housing I guess I am number—I do not know. what they are already doing. This is projects. Under the 1994 crime law, I do not know what my number in se- not revenue sharing, this is about cops.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18142 CONGRESSIONAL RECORD — SENATE December 7, 1995 Now, all that hyperbole about—I Service, Customs Service, U.S. Coast would just now, at the end of the first even heard one of our colleagues saying Guard, and the Internal Revenue, all fiscal year of funding, be preparing to when we passed the Biden crime bill, it working together in 13 regional task issue its first awards. That is how it is now the crime law, I heard my col- forces to target and destroy major nar- has worked in the six Presidential ad- league say, ‘‘All this means is we are cotic trafficking organizations. And ministrations I have been here for. just going to hire 100,000 new social you need them all. The President re- They would be just now doing it. workers.’’ I do not think there is any- quested $378 million for this program, The better part of the year would thing wrong with new social workers. but the Republican conference cut this have been consumed drafting regula- We could stand 100,000 new social work- amount by $19 million. This means tions and preparing application forms ers in America. But this is about cops. that we will cut the important drug- before money could finally be disbursed Under the crime law, you cannot use fighting capacity below the 1995 level. at the end of the year. The implemen- the money for that purpose. But my In other words, you have all decided tation of the 1994 crime law stands in crime-fighting Republican friends and that the drug problem, I guess, is less stark contrast to this typical scenario. the staff who helped them write this— worse this year than last year, not- Instead of requiring burdensome appli- I do not know if the staff realizes what withstanding all your speeches, with cations that often fail to work and fill a favor they have done for their prin- which I agree, that the problem is entire binders, a one-page application cipals. They have now allowed them to worse this year than it was last. But was developed by the Attorney Gen- hire 100,000 social workers. We should you decided to cut it. You did not de- eral. Instead of waiting until the end of the year to distribute the funds, the rename the bill: ‘‘The social worker cide to say we should restructure it or money was awarded in batches begin- bill.’’ You can hire instead of 100,000 that the money is not being used wise- ning only weeks after the passage of cops—there is not enough money left, ly and we should redo it; you decided to the law. As a result, we find ourselves, you can only hire 75,000 new social keep the existing system and cut it. at the end of the first year, with nearly workers. You cannot do that under my Let me also point out that the Re- all the fiscal year money out the door, bill, under the crime law, and this is publican conference report cuts the with all of the funds having already masquerading as fighting crime. President’s request for U.S. attorneys, I would like to briefly point out that U.S. prosecutors. Our Federal prosecu- been sent on their way to the States, another Republican plan in this con- tors are the ones who prosecute all and with more than 25,000 out of 100,000 ference report is to drastically cut Fed- Federal crimes. You cut this by $13 new cops already funded in every State in the Nation. In a word, the law is eral law enforcement as well. The con- million. The President requested an in- working. ference report does the following: It crease of $86 million to boost Federal In addition to the new police, the prosecutors, but the conference report cuts the FBI by $112 million below the law’s provisions combating violence backed away from this commitment. In President’s request, so new FBI agents against women are also working. The short, the conference report cuts the will not be hired; it cuts the Drug En- first criminal has been tried and con- President’s request for Federal law en- forcement Agency, the DEA, $5 million victed under the new Federal violence forcement. So our Federal effort below what the President has requested against women statute, resulting in a against crime and drugs will be fought for drug enforcement officers in this life sentence for Christopher J. Bailey, by fewer FBI agents, fewer DEA Nation; it cuts interagency drug en- who kidnapped and beat his wife nearly agents, and fewer Federal prosecutors forcement by $15 million below 1995 and to death. Otherwise, he would have than requested. I assume that is be- $19 million below what the President only gotten a couple years in jail. In cause you all think that there is less has requested; and it cuts Federal pros- addition, charges have already been crime, that there is less of a drug prob- ecutors by $13 million below the Presi- filed in another case. Every State has lem, and there is less of a need to pros- dent’s request. So much for your cre- received a grant to increase the police, dentials of tough on crime. ecute. prosecutors, and the victim services to If you believe that, this is fine, no I do not know why you are doing combat family violence. Rape shield problem. But somebody stand up and this. Maybe it is because you want to laws have been extended to protect tell me that. Stand up and tell me that give tax cuts to people making 250,000 more victims. Women no longer have is the reason why you cut it back. If bucks. But for my money, I want a to pay for medical examinations to you tell me you cut it back for budg- prosecutor. I want a new DEA agent. I prove they are raped, which had been etary reasons, then I say, fine, you want more FBI agents. You cut all of the practice up until now. The victims have made your priority choice. You them, every one of those areas you cut of rape are finally being treated like below the President’s request. have chosen other things to spend the victims of any other crime. These But as the saying goes, talk is cheap. money on, or to cut taxes for, rather long-overdue measures mean that Talk without commitment of dollars is than on these. That is a legitimate po- women are now being protected, in- meaningless. Republicans in the con- sition to take. But do not get up and stead of further victimized, by the ference have failed to fund the Presi- tell me how you want to fight crime, criminal justice system. dent’s request for Federal law enforce- how it has gotten so bad, how it is so Another major accomplishment of ment despite all the talk about being terrible, how we want to move so rap- the 1994 crime law is the military-style for law enforcement. idly on it, but, by the way, we can all boot camp prisons. Crime law dollars (Mr. BROWN assumed the chair.) do it with less money and effort. That are already at work helping 27 States Mr. BIDEN. Let us look at these cuts does not work. That does not work, I plan and build and run military-style to Federal law enforcement. The con- respectfully suggest. It may work po- boot camps for nonviolent offenders. ference report cuts $5 million from the litically, but not practically. Boot camps allow States suffering from $54 million boost requested for the DEA I would like to return to the merits overcrowding problems to move non- by the President. Again, we hear a lot of the 1994 crime law. The 1994 crime violent prisoners into cheaper space. of talk about how we need more to law, in my view, and in the view of law Boot camps cost about one-third the fight illegal drugs, and there is much enforcement officers across the coun- price, per bed, as a conventional prison, finger-pointing about that the adminis- try, is working. The passage of the and thereby free up space for the most tration should do more, and they major $30 billion anticrime package violent offenders in conventional pris- should. But in the end, it is the Con- last year capped a 6-year effort to ons. gress that fails to fund the drug en- launch a bold and comprehensive and Yet, another effort that is already forcement request of the President. tough attack on violent crime in the underway is the drug court program. In yet another important area, let us roots of American communities. As we But before I move to that, let me tell review what has happened in inter- pass the 1 year mark, it is already you what this prison program in the agency drug enforcement. The orga- clear that the major programs of the crime law would look like after it goes nized crime and drug enforcement task bill are working even beyond my expec- through this reincarnation, were the forces combine the efforts of the FBI, tations. Consider the 100,000 cops pro- President not to veto this. the DEA, U.S. attorneys, Immigration gram. If this had been a typical grant The prison program in the crime law and Naturalization and the Marshal program, the Federal Government we passed last year was designed to

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18143 meet two goals: First, to help States about these operating problems. A CONFERENCE REPORT PRISON FUNDING—HOW DOES increase and then use to a maximum close look at the fine print in this bill YOUR STATE DO?—Continued advantage the supply of prison space reveals what I believe is one of the 1994 they have available to them. The sec- most troublesome aspects. While $617 Crime Law Conference Win/Lose ond purpose was to encourage States to million is appropriated for prison Oklahoma ...... 3,864,000 2 0 2 0 adopt the kind of truth-in-sentencing grants in the conference report, the Re- Oregon ...... 5,046,000 0 ¥5,046,000 system that has been instituted by the publican conferees raided $200 million Pennsylvania ...... 14,756,000 10,769,000 ¥3,987,000 Rhode Island ...... 1,415,000 5,752,000 +4,337,000 Federal Government, to which I re- of that fund to fund prisons in just South Carolina ...... 11,150,000 9,209,000 ¥1,941,000 ferred about 15 minutes ago. Today, seven or eight States. South Dakota ...... 1,040,000 2 0 2 0 Tennessee ...... 6,617,000 2 0 2 0 prison systems in 34 States are under Let me explain that. The bill directly Texas ...... 21,224,000 2 0 2 0 court order for overcrowding, and be- funds $300 million to reimburse States Utah ...... 1,650,000 5,928,000 +4,278,000 Vermont ...... 1,001,000 (1) ...... cause there are not enough prison cells, for the cost of housing criminal aliens Virginia ...... 7,514,000 7,875,000 +361,000 in State prisons. That was a provision Washington ...... 8,312,000 2 0 2 0 many States are keeping violent crimi- West Virginia ...... 1,382,000 2 0 2 0 nals behind bars for roughly only 46 included in the 1994 crime law. I sup- Wisconsin ...... 2,797,000 0 ¥2,797,000 percent of the time for which they have port that goal. Wyoming ...... 1,191,000 2 0 2 0 been sentenced. On top of that $300 million in direct 1 No data. 2 State is ineligible for Conference ‘‘Truth in Sentencing’’ grants, suffi- Worse yet, 30,000 offenders, who each appropriations to reimburse States for cient data not available for determining eligibility under Conference ‘‘gen- year are convicted of a violent crime, incarcerating criminal aliens, language eral’’ grants. do not even see a single, solitary day in was slipped into the bill so that an ad- Source: State data compiled by National Institute of Corrections and De- partment of Justice. prison. That is, 30,000 convicted in ditional $200 million was shifted from State court systems of a violent crime general prison grants for all States Mr. BIDEN. Mr. President, let me do not see a single day in prison be- through the Criminal Alien Reimburse- point out to you, if you are in Alaska cause the States either do not have the ment Program. I assume that was a you will get $1.495 million less; if you money or do not have the leadership or legacy of the Senator from Texas be- are in Colorado, you get $3.822 million do not have the gumption to tell the fore he went to the Finance Com- less; in Delaware, you get $1.532 million taxpayers that if they want these mittee. So that means a few States are less; in Maine, you get $1.050 million tough laws, they have to build more going to get the money. less; in Maryland, $8 million less; in prisons. I point out to my colleagues if you Massachusetts, $8 million less; Mis- The 1994 crime law is helping States are not from Arizona, Florida, Texas, souri, $2 million less—I am rounding respond to that problem with a $9.7 bil- Illinois, New York, New Jersey, Cali- these numbers down—in Montana, $1 lion grant program. Under the 1994 fornia, or Michigan, funds that should million less. I did not think that was crime law, States can use the money to have gone to building prisons in your the deal. There are more problems with what build and operate additional secure States have been stolen in this con- they did with prisons in this conference prison cells for violent criminals or for ference report. I think this is out- report. In the crime law, it permits all boot camp prisons for nonviolent of- rageous. States to qualify for one or both pots fenders, thereby freeing up secured I support the need to reimburse of the prison money. There are two prison space for violent offenders. States for these costs, but in the 1994 pots of prison money. There is 50 per- Let me tell you about these boot crime law, we recognize that crime is cent for general grants that essentially camps. Today, there are 160,000 young, plaguing all States, not just a few of all States receive because there are no nonviolent minor offenders who are be- the largest States in America. hard strings or conditions on these dol- hind bars in costly prison cells. That I have a list here that I ask unani- lars, and 50 percent of the money is to just does not make any sense. They are mous consent to have printed at this go to States which meet the truth-in- nonviolent, they are first offenders pri- point, entitled ‘‘Conference Report sentencing standards we set out. marily, and they are behind bars at Prison Funding—How Does Your State The Republican conference also splits more than what it costs per year to Do?’’ prison dollars into two pots, but States send your kid to Harvard or Yale. There being no objection, the table are forced to choose either one or the What this does, the crime law en- was ordered to be printed in the other, even if they qualify for both. courages States to take them out of RECORD, as follows: This is the second reason why so many those systems if they choose, put them States will get so many fewer prison CONFERENCE REPORT PRISON FUNDING—HOW DOES in boot camps where you string barbed dollars on a Republican conference re- YOUR STATE DO? wire, you have the equivalent of port. It seems to me to be written by Quonset huts. Make them engage in Speaker GINGRICH to favor only the 1994 Conference Win/Lose military-style activities to occupy Crime Law biggest States. them. It does not hurt marines or Alabama ...... $5,671,000 (1) ...... There is a third problem that most trainees. Surely, it will not hurt them Alaska ...... 1,495,000 0 ¥$1,495,000 Senators will be hearing about from at about one-third the cost. Arizona ...... 8,617,000 17,368,000 +8,751,000 Arkansas ...... 2,954,000 2 0 2 0 the prison officials in their States. I I am encouraged that the Repub- California ...... 94,034,000 181,300,000 +87,266,000 know none of the Senators is likely to licans’ prison proposal permits States Colorado ...... 3,822,000 0 +3,822,000 Connecticut ...... 3,038,000 6,975,000 +3,937,000 be listening to this. They are doing to use the funds for boot camps. That Delaware ...... 1,532,000 0 ¥1,532,000 other things, including being in con- is an important change, I might add, D.C...... 3,326,000 2 0 2 0 Florida ...... 46,535,000 38,262,000 ¥8,303,000 ferences and hearings themselves, but and I compliment them for that on the Georgia ...... 14,680,000 2 0 2 0 in addition to the Senators on the House bill. But the fact of the matter Hawaii ...... 1,273,000 0 ¥1,273,000 Idaho ...... 1,279,000 0 ¥1,279,000 floor, warn your Senators and be pre- is, it is a big change. Illinois ...... 31,297,000 26,471,000 ¥5,456,000 pared that if this becomes law, you will One of the key problems in the Re- Indiana ...... 8,561,000 8,423,000 ¥138,000 get a call, most of you, from your home Iowa ...... 2,179,000 (1) ...... publican prison plan is it permits Kansas ...... 4,300,000 6,674,000 +2,374,000 State. You will have to answer them, States only to build or expand prisons, Kentucky ...... 3,422,000 0 ¥3,422,000 ‘‘Why did you cut the money for pris- Louisiana ...... 13,445,000 9,956,000 ¥3,499,000 leaving out the ability to spend the Maine ...... 1,050,000 0 ¥1,050,000 ons in my State? Why did you do funds to operate the present system. Maryland ...... 8,175,000 0 ¥8,175,000 that?’’ Massachusetts ...... 8,004,000 0 ¥8,004,000 The State of Florida, when we had this Michigan ...... 11,958,000 15,764,00 +3,806,000 I strongly urge you to take a look at debate on the bill, had built new pris- Minnesota ...... 3,013,000 6,981,000 +3,968,000 this little chart that I have just print- Mississippi ...... 3,996,000 6,593,000 +2,597,000 ons. They are sitting there with not a Missouri ...... 11,616,000 9,478,000 ¥2,138,000 ed in the RECORD. prisoner in them because they do not Montana ...... 1,040,000 0 ¥1,040,000 To illustrate the problem with these Nebraska ...... 2,329,000 2 0 2 0 have the money to operate the prisons. Nevada ...... 4,188,000 6,614,000 +2,426,000 changes, conditions, let me review the They needed them badly but did not New Hampshire ...... 1,248,000 2 0 2 0 situation from my home State. First of New Jersey ...... 8,152,000 14,185,000 +6,033,000 have the budget to operate them. This New Mexico ...... 3,050,000 2 0 2 0 all, truth-in-sentencing grants: The just does not make sense. New York ...... 54,953,000 45,227,000 ¥9,726,000 conference report changes both the North Carolina ...... 13,892,000 10,310,000 ¥3,582,000 When the 1994 prison provisions were North Dakota ...... 893,000 5,392,000 +4,499,000 standard and the language so that de- written we heard from several States Ohio ...... 16,313,000 11,293,000 ¥5,020,000 spite the fact that Delaware, unlike all

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18144 CONGRESSIONAL RECORD — SENATE December 7, 1995 but one other State in America, keeps Judiciary Committee again, assuming I Committee. I did that, and I became its violent criminals behind bars for 90 get reelected, which is certainly an as- the senior Democrat on that com- percent of the time for which they are sumption, and assuming the Democrats mittee—sometimes running it on the sentenced—unlike Pennsylvania or take back this place, I want to hire one minority side, sometimes the majority Maryland, my neighboring States, or of the staffers who gave this idea to side. New Jersey, it is one of the highest Senator HATCH, because it is magnifi- It took me all this time to figure it rates in the Nation, according to the cent. out, you steered me wrong, Boss. You Bureau of Justice Statistics—because The only States in the Union that did not send me the right way. I should Delaware State law only refers to a 75 really do not keep their folks in prison have gone to appropriations, because percent floor, Delaware is not eligible are the ones with indeterminate sen- anything I do in that committee—it for truth-in-sentencing grants under tences, but they are the ones who qual- took me 6 years to put this bill to- this little change. ify to be the toughest because, by defi- gether. We fought it and fought it and Second, general grants: The con- nition, you would have kept them in as fought it and fought it, and when you ference changes the rules to require in- long as they were supposed to be in be- came up with harebrained ideas like in- creased time served by State prisoners cause you never said how long they had determinate sentencing qualifies, I was since 1993. Well, Delaware’s truth-in- to be in. So, then, all of a sudden, when able to whip you straight up and down. sentencing law came into effect in 1990. you release them, they had been in all But now I do not even get a chance to We have been doing the right thing the time they were supposed to. That is do that. since 1990. But, no, it gets changed. brilliant, absolutely brilliant. But it So, I am at some point going to offer Delaware cannot increase the time does not have a darned thing to do with an amendment saying that the U.S. served since 1993 since we already did it what was the intent of the law. This is Senate should meet as a Committee of in 1990. You cannot get above 100 per- a definition of a self-fulfilling proph- the Whole, and we should call ourselves cent. That is just one illustration how ecy. the Appropriations Committee, and we my State and many others are going to The bottom line of all this is 34 all get a chance at this. I would like to be out in the cold. States can expect to lose prison money get in on this. It is one illustration out of the con- under this conference report. Again, I Russell Long, Senator Long, with ference report that cuts prison dollars have to admit, I admire the ingenuity whom I served for a long time—not for a State. I am sure there are other of my friends. I might add, though, it is nearly as long as the Senator from explanations where other States will easier to do this—I wonder what would South Carolina did—used to use that have their prison dollars slashed if this happen if we had to vote as if this were expression ‘‘I ain’t for no deal I’m not conference report were to become law. a crime bill. If this were a crime bill, in on.’’ It is obvious I am not in on this My staff has prepared this for me, you would have to defend that. You deal anymore. I authored the bill, but I and the title of the next section is would have to defend it. You would am out of it. I do not even get to de- ‘‘Why Does Utah Do So Well?’’ The have to stand up and say why that is a bate it in the usual form where you get conference report includes a special ex- good idea, and I would beat you. I to vote on it. If my friends are willing ception, one that appears to help Utah would beat you even on your side. I to have a freestanding amendment on and perhaps a few other States, in the would even get Republicans to vote this, we could ask unanimous consent truth-in-sentencing prisons. with me. to waive the rules to allow a vote on Section 20104, subsection (a), sub- But you figured out a way to keep the prison funding piece. I would wel- section (3) permits only those States that from happening. You put it in an come that. In the interests of fairness, with indeterminate sentencing to meet appropriations bill so we do not have to they might be willing to do that. What the 85 percent truth-in-sentencing do that. We can avoid the messy stuff do you think? I know the Senator from standard if they serve 85 percent of of legislating. We can avoid the messy Massachusetts would support me in their time under the State’s sentencing process of having to stand up and vote that effort, I expect. Maybe we ought and release guidelines. on this stuff. Do you remember how to do that. But I have a feeling we are Translated, if you have indetermi- many votes we had on prison funding not going to get to do that. nate sentencing, you get the money. when we had the crime bill up? It went There is another effort that is al- Well, far be it for me to criticize that. on and on and on. ready underway. That is that thing Some day I hope to be chairman of the The reason I point this out again—I called the Drug Court Program. This is committee again and I hope to take un- mean this sincerely—is not to criticize a long-overdue drug program to crack fair advantage of the process for my Senator HATCH. I think it is a great down on—let me give you the num- State. I am not criticizing, but I am idea. I think if I were he—I wish I had bers—600,000 drug-abusing offenders complementing my friend from Utah. thought of it. But I want to tell you, who are on our streets today, subject He does what a good chairman should the bottom line is 34 States are going to no random drug testing, no manda- do. He changed the law to benefit his to get less money. If we voted on that, tory treatment, and no threat of pun- State at the expense of other States. I from my 23 years here, the calculus ishment. understand that. I would do the same usually means 34 States beat the re- Let me translate that for you. Mr. thing if I were in his position. It is le- mainder. But, I say to the ranking President, 600,000 folks who were ar- gitimate. But I just point out that member of the committee, these guys rested—actually there were about 1.4 Utah has indeterminate sentencing. did it well. They did a good job. They million or 1.6 million arrested in Amer- Second, the term ‘‘sentencing and re- really rode you. You did not have the ica—1.4 million. And here is what hap- lease guidelines’’ has some circular votes. I know you fought like the devil pened. There are a total of 2.7 million logic. The only way someone can get on this one, but they did it well. This State offenders who are on probation. out of prison under an indeterminant is really a masterful piece of work. There are 1.4 million drug offenders on sentencing law is either when they In the absence of my friend from probation. There are 800,000 of that 1.4 have served a maximum sentence or South Carolina from the floor—I do not million who are being tested and treat- under some sort of release guideline. want to get him in trouble, but he is ed. And there are 600,000 convicted— So this definition is a self-fulfilling the guy primarily responsible for get- convicted—convicted drug offenders; prophecy. Prisoners have to serve 100 ting me elected, if anybody had helped not arrested. These are people who ei- percent of the time they have to serve. me, in 1972. But I kind of have a grow- ther pled guilty or have been convicted That is kind of fascinating, is it not? ing resentment toward him. He did not in a court of law, who are on the If it is indeterminate, you say at the tell me to get on the Appropriations street—no probation, no parole, no end of this, they served all the time Committee when I got here. I thought testing, no treatment, ‘‘no nothin’,’’ as they were supposed to serve so now you legislated here. I thought the proc- my Aunt Gerty used to say, ‘‘no they served 100 percent of their time so ess was, you were to get on authorizing nothin’.’’ now you qualify for that pot of money. committees. If I wanted to change the So we came up with an idea. We actu- I think it is really good. I mean, it is criminal justice system, I thought I ally got it from a Republican judge in admirable. If I become chairman of the was supposed to get on the Judiciary Delaware, and Dade County, FL. It is

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18145 called drug courts. Let me tell you the violence against women law. So it costly, the least administratively over- what drug courts do. They capture is not cut here. I guess my Republican burdened manner—was a direct re- those 600,000 folks and they say, ‘‘Here friends have heard the call that they sponse from police officers themselves, is the deal. You either—you are subject had better not fool around with that from police chiefs themselves, and to random drug testing. If you have a piece of it. from mayors all across this country job, you have to keep a job. If you are The reason I am taking so much time who simply did not have the ability to in school, you have to stay in school. today knowing that this is going no- respond to this crime wave? You have to show up for intensive pro- where anyway—it is going to be de- Mr. BIDEN. I say to my friend that bation. And if you do not do any of feated—is this is my attempt to play a he is absolutely categorically correct. those things, you go to jail—probably small part in raising the same kind of And there is one other piece of this. one of the boot camps which we fund- call. The new call is OK. We finally got After years of hearings, extensive hear- ed.’’ the Republicans to not fool with the vi- ings on the issue of violent crime in But my Republican friends—who I olence against women law. They are America—I realize it does not mean think are getting soft on crime, if not not going to. They will not have the much in the new process; you just do soft in the head on this stuff—they de- nerve to try to cut that again. They appropriations—but after years of cided we might as well let those 600,000 will not have the nerve to try to cut it hearings, there are only a few things folks wander the streets, every one of again. that we know about crime. The Sen- whom is an accident waiting to happen. But guess what, folks? They are now ator, as a former prosecutor, knows Every one is an accident waiting to going after your cops. The answer is this better than the Senator from Dela- happen. going to be, look, we are not cutting ware. If there is a cop on one corner, Before they put drug courts in Dade anything. The total dollars are cut, but and there is not a cop on the other, it County, FL, the rearrest rate for one- we are not cutting anything. We are is much more likely that the crime time drug offenders was 36 percent. just telling the States we are giving will be committed where the cop is not. After several years of these drug you a pot of money and you do with it I mean it sounds bizarre. We do not courts, the rearrest rate is down to 3 what you want. So if you want to hire know that much about criminal behav- percent. These work and they work in the cops, you can hire the cops. ior except we know that where there my State. Mr. KERRY. Will my colleague yield are cops and where there is light there But what is the wisdom here? It is for a question? is less crime—prevention of crime; let better to be soft than tough? Let us do Mr. BIDEN. Surely. alone the arrest and prosecution, pre- away with this program. The Justice Mr. KERRY. As a preface to a couple vention of crime. Department has already funded efforts of questions, I’d like to thank the Sen- So the purpose of the 100,000 cops and to help local officials plan 52 new drug ator and ask to be completely associ- the purpose for the request from the courts, begin 5 new drug courts and ex- ated with his comments—the extraor- cops was that they are outmanned, pand 8 other drug courts including one dinary, astute, and accurate com- they are outgunned, and they are out- in my home State, that a Republican ments—that precede these questions. witted because of all the array of tech- court, a Republican judge, a Repub- I also would preface it by saying that nology, the new and the different na- lican attorney general have put to- there is nobody in the Senate who has ture of crime in America. That is why gether. worked harder to produce a real com- we need more cops. That is why they Despite this concrete record of suc- prehensive, systemic response to crime asked for them. cess, the conference report would than the Senator from Delaware. Mr. KERRY. If I could further ask eliminate the separately targeted $150 But, is it not true—I ask the Senator my friend a question, is it not also true million Drug Court Program and re- having worked together with him on that while some communities may de- quire States to fund drug courts, if at this question of police officers and cops cide they do not need nor want a cop, all, out of the money that could be on our streets—that today we have, I for that community that might make spent on hiring cops on the beat. In believe, one-tenth the effective that decision, there are probably 10 or real terms, this could mean about strength of police officers in the streets 15 or 20 or 100 other ones in the country 85,000 drug-abusing offenders will not that we had 30 years ago? Is that not that could use 2 or 3 or 4 cops but be subject to drug testing and manda- true? which cannot get them because even tory treatment. Mr. BIDEN. That is true. If I can ex- the 100,000 cops is not enough to do The other provisions of the 1994 pand 60 seconds on the answer, I say to what we ought to be doing? crime law that are not affected by this my friend that 30 years ago for every Mr. BIDEN. I answer my colleague by bill are also proving to be very effec- crime committed, every felony com- saying the following: Look at the ap- tive in combating crime, such as provi- mitted, there were three cops. Today plications that have come in. I will sions against sexual offenders, death for every three crimes committed there once again compliment the Attorney penalty provisions, the Brady law, the is one cop. There used to be three cops General. Find me a cop in your State criminal alien provisions. for every felony committed. Now we or in the State of California, New The reason I say ‘‘not affected,’’ re- have for every cop three felonies com- Hampshire, or South Carolina rep- member we had this debate before. My mitted. Of the 20 largest States in the resentative of Senators on the floor, or Republican friends decided what they Nation, if you look at the last 10 years, Colorado, who calls the process burden- were going to do is cut money for the the increase in their police force is some; the one-page application, No. 1. violence against women legislation and about 1 percent. Even though the popu- No. 2, of the applications every single do it by the appropriating process. Do lations are growing, the crime wave is month there are more applications it that way. Legislate it that way. And growing above that. The 30-to-10 num- than there is money. They would prob- the distinguished Senator from South ber the Senator suggests I cannot ably be able to sustain 200,000 more Carolina came along and said—which swear is the number, but it is close. cops. I am pulling that number out. I he always does, and I am grateful—‘‘By Mr. KERRY. From 1971 to 1990, in the do not know for a fact. I know there the way, Joe, let me tell you what is midst of this increase in crime wave, are more applications than there is coming.’’ And through his leadership and in the midst of the diminution in money. we sort of just stood up and said, ‘‘Hey, the number of police officers, we in- Since my time is running out, I only look what they are doing.’’ creased the Federal spending on law- have 3 minutes left, I am told, may I We didn’t do anything special. They yers and public defenders by 200 per- conclude rather than answer, on an- insisted they were going to make the cent, and we increased prison spending other question? cut. We were going to debate it. We by 156 percent. But we only increased I would like to reiterate that in its hung on, hung on, hung on, and the the spending on police officers by 12 breadth the 1984 crime law reflects the very guy who suggested the cut—and I percent. lessons that have been learned over the admire him, I truly do, Senator GRAMM I ask the Senator, is it not true that past decade as we studied crime and of Texas—he ended up introducing the the effort to put 100,000 police directly law enforcement, and have worked on amendment to restore the money for into the streets of America—the least passing this law. And in its approach,

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18146 CONGRESSIONAL RECORD — SENATE December 7, 1995 as well as in its many specifics, the law every new cop that this new bill has in First, as I’ve mentioned, it would was a result of bipartisan efforts. We fact funded so far, just ask the police eliminate the 100,000 cops program es- should not retreat on this tough but chief, or the commissioner of police, tablished 1 year ago in the crime law smart crime package. It already is hard for whom that cop works, to list the and maintained in the Senate appro- at work preventing violent crime number of dollars that cop has made. priations bill. across the country. We should not re- Then go get the names of the people The 100,000 cops on the beat program treat on the 100,000 cops program that that police officer has collared, has ar- has already funded more than 25,000 we insisted on just a few months ago. rested—the criminal who he gets who new police officers across the country Let me point out that the $30 billion names the victims. And then you go in its first year alone. And police de- ask those victims whether or not this crime trust fund that uses the savings partments across the Nation have al- crime law made any sense. from cutting 272,000 Federal bureau- ready applied for more than one-half of crats—160,000 have already left—pays This all comes down to the little tiny things, and the little tiny things here a billion dollars in fiscal year 1996 to for every cop, for every prison cell, and fund more than 9,000 new police. These for every shelter for a battered woman are making sure there are fewer vic- tims of crime, and that those victims pending applications are now threat- and child. That is provided for in this ened by this conference report. crime bill without adding to the deficit are in fact getting their day if court, or requiring 1 red cent additional in and that they find the bad guy. That is In its place is a law enforcement taxes. That was the deal we made right why we need more cops. block grant program that is written so Mr. President, I rise in opposition to here on the Senate floor 1 year ago. broadly that the money could be spent Now my Republican colleagues are the Department of Justice appropria- on everything from prosecutors to pro- trying to block out what we did, and tions in this conference report and the bation officers to traffic lights or park- back out of the deal by refusing to attempt by my Republican colleagues ing meters—and not a single new cop. to rewrite anticrime legislation on an write the checks for next year’s fund- This block grant has never been au- appropriations bill. ing of the crime law. The money is thorized by the Senate. there in the trust fund. PROCEDURAL OBJECTIONS It is, in my view, a terrible idea to Let’s be clear on what is being done I have tried today to outline my ob- here. What this conference report does jections to the Republican retreat rep- rewrite crime policy—wiping out major programs the senate created only last is take a crime bill that has been resented by this conference report on passed only by the House, whose funds the key provisions of the anticrime law year and replacing them with new pro- grams without review or debate—on an have been authorized only by the last year. House, whose block grant idea has al- So I urge my colleagues to consider appropriations bill. It is unnecessary and completely contrary to how the ready been rejected by the Senate, and very carefully whether this is the right incorporate it into the appropriations form, the right idea, to dismantle these Senate has traditionally worked. We all know the Republicans want to bill so it is passed and funded—all in vital parts of the already successful change the crime law now at work. one fell swoop. and highly popular crime bill. They said so in their Contract With In the end I suspect that the merits I will speak more about the 100,000 America. House Republicans passed a will speak for themselves, and the cops program in a minute, but let me new bill. American people will decide whether it note that, in addition, the bill would Here, Senators DOLE and HATCH in- completely eliminate or severely re- is a good idea to take this trust fund troduced their bill to change the 1994 money and spend it on 100,000 cops and strict other programs set up by the 1994 crime law. They have every right to crime law—programs like: the drug the other programs here, or reduce it try to do so. and send it out in block grants. And court system, the rural drug enforce- But they have not chosen to do so. ment grant program, the law enforce- $525 million in applications are out Their bill has never been acted on by there as we speak. Already, as of No- ment scholarship program, the SCAMS the Senate, or even had one hearing. Program fighting telemarketing fraud vember 16, the Justice Department has Instead, what we now have with this received applications for an additional against senior citizens, and tried and conference report is an attempt to tested programs that fight youth vio- 9,100 cops under the 100,000 cops pro- change the current law by lifting en- gram beyond the 26,000 that have al- lence, for example, by putting boys and tire parts of the crime bill passed in girls clubs in housing projects. ready been granted. the House and attaching them to this This is concrete evidence that the appropriations bill. That House crime Under the 1994 crime law, these pro- 100,000 cops program is working, is nec- bill has already been rejected by the grams were targeted for separate funds essary, is local, and is needed. The shift Senate when we amended the appro- in addition to the funds for the 100,000 to a block grant is wrong for many rea- priations bill to restore the 100,000 cops cops program. But under the con- sons. The 9,100 additional police that on the beat program a couple of ference report, mayors would have only are all ready to go and waiting for us months ago. the amount of the block grant—out of only to finish this political debate, is This blatant attempt to sidestep the which all efforts would have to be fund- the most important reason why to shift usual deliberative process of this body ed. the block grant is the wrong thing to is, I believe, a terrible way to make The result will be that proven crime- do. Let us not try to change horses in law. fighting programs that the Congress midstream. This program is working. This bill is, of course, dead. It will be voted to support last year would be ef- If my Republican friends need to be vetoed because, among other reasons, fectively eliminated, all without any able to say they have a Republican it eliminates the commitment the consideration by the Judiciary Com- crime bill so that they can meet their President and Congress made to the mittee or the full Senate as to the wis- contract pledge, let them pass the American people to get 100,000 cops on dom of these changes. And all with the antiterrorism bill that we passed. It is the beat. And it will continue to be ve- strong opposition of the Nation’s law the Hatch-Biden bill. Let us call it the toed until my Republican colleagues enforcement community. Hatch-Republican bill. Let that be get the message that there will be no Mr. President, if we are going to leg- new crime bill without the 100,000 cops your crime bill. You can go back to islate by fiat like this, then we might on the beat program. The Senate has your Republican conservative friends as well do away with committees, with already rejected this bill without the and say, ‘‘You have a crime bill’’—in hearings, with subcommittee markups, 100,000 cops program and it should do so order to meet a pledge that no one with full committee markups, and with again. signed on to to dismantle one of the careful consideration of authorizing few big Federal programs that is work- OVERVIEW OF THE PROBLEMS WITH THE BILL legislation. ing, working well, working without ad- Notwithstanding that we’ll be right ditional bureaucracy, and to do the job. back here doing this again in a few We could simply do all the Senate’s Let me say in final conclusion, if you days, I’d like to list and then explain business on appropriations bills. doubt what I am saying, I challenge some of the major changes this con- I, for one, happen to believe that’s a you to go home and find out that for ference report proposes. terrible way to proceed and I believe

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This means that we will cut this nearly to death. on these appropriations bills. important drug-fighting capability In addition—charges have already If the Republicans want to change below the 1995 level. been filed in another case. the crime bill, they have the right to In other words, we are not talking Every State has received a grant to try—but let’s do it the right way and about less of an increase—we are talk- increase police, prosecutors, and vic- then let’s vote on it. Wiping out major ing about cutting a significant part of tim services to combat family violence. pieces of the most significant anti- this program. Rape shield laws have been extended crime legislation ever passed by the Let me also point out that the Re- to protect more victims. Congress on an appropriations bill publican conference report cuts the And women no longer have to pay for makes a mockery of our Senate proc- President’s budget request for U.S. at- medical exams to prove they are ess. The importance of the programs torneys—our Federal prosecutors—by raped—the victims of rape are finally we are considering, not to mention the $13 million. The President requested an being treated like the victims of any perception of our institution, demands increase of $86 million to boost Federal other crime. better. prosecutors, but the conference report These long overdue measures mean But, given that we are here, I will in- backed away from this commitment. that women are now being protected— sist on a full opportunity to debate In short, this conference report cuts instead of further victimized—by the with my colleagues the merits of last the President’s request for Federal law criminal justice system. year’s crime law programs affected by enforcement. So our Federal effort Another major accomplishment this bill. against crime and drugs will be fought under the 1994 crime law is the mili- Before I do that, I first want to brief- by—fewer FBI agents; fewer DEA tary-style boot camp prisons: crime ly point out that another Republican agents; and fewer Federal prosecutors. law dollars are already at work helping plan in this conference report is to What is one to conclude from the ef- 27 States plan, build, and run military- drastically cut Federal law enforce- forts of the Republicans to gut the style boot camp prisons for non-violent ment. This conference report cuts the 100,000 cops on the beat program and offenders. FBI by $112 million below the Presi- severely reduce Federal law enforce- Boot camp prisons allow States suf- dent’s request—so new FBI agents will ment? Is it that tax cuts to a few are fering from overcrowding problems to not be hired; cuts the Drug Enforce- more important than protecting the move non-violent prisoners into cheap- ment Agency by $5 million below the safety of average Americans? er space—boot camps cost about one- President’s request; cuts interagency Now I’d like to return to the merits third the price per bed than conven- drug enforcement by $15 million below of the 1994 crime law. tional prisons—thereby freeing up 1995 and $19 million below the Presi- THE 1994 CRIME LAW IS WORKING space for most violent offenders. dent’s request; and cuts Federal pros- The passage of the major $30 billion Yet another effort that is already un- ecutors by $13 million below the Presi- anticrime package last year capped a 6- derway is the drug court program—a dent’s request. year effort to launch a bold, com- long overdue program to finally crack Let me address these cuts to federal prehensive, and tough attack on vio- down on the 600,000 drug-abusing of- law enforcement. The president re- lent crime and its roots in American fenders who are on our streets today, quested an increase of $337 million for communities. subject to no random drug testing, no FBI agents and other FBI activities— And as we pass the 1-year mark, it is mandatory treatment, and no threat of but the Republicans cut $112 million already clear that the major programs punishment. from that request. of the bill are working even beyond ex- The Justice Department has already We frequently hear claims in Con- pectation. funded efforts to help local officials gress of how much we support law en- Consider the 100,000 cops program. If plan 52 new drug courts, begin 5 new forcement. this had been a typical grant program, drug courts, and to expand 8 other drug But, as the saying goes, talk is the Federal Government would just court programs (including one in my cheap. Talk—without the commitment now—at the end of the first fiscal year home State of Delaware.) of dollars—is meaningless. The Repub- of funding—be preparing to issue the Despite this concrete record of suc- licans on the conference have failed to first awards. cess, the conference report would fund the President’s request for Fed- The better part of a year would have eliminate the separately targeted $150 eral law enforcement, despite all the been consumed drafting regulations million drug court program and require talk about being for law enforcement. and preparing application forms before states to fund drug courts, if at all, out Let’s look at these cuts to Federal money could finally be disbursed at the of the money that could be spent on law enforcement: the conference report end of the year. hiring cops on the beat. In real terms, cuts $5 million from the $54 million The implementation of the 1994 crime this could mean that about 85,000 drug boost requested for Drug Enforcement law stands in stark contrast to that abusing offenders will not be subject to Agency agents by the President. typical scenario. Instead of requiring drug testing and mandatory treatment. Again, we hear a lot of talk about burdensome applications that often Other provisions of the 1994 Crime how we need to do more to fight illegal filled entire binders, one-page applica- Law that are not affected by this bill drugs, and there is much finger-point- tions were developed. Instead of wait- are also proving to be very effective in ing about how the administration ing until the end of the year to dis- combating crime, such as the provi- should do more—but in the end it is the burse the funds, the money was award- sions against sexual offenders, the Congress that fails to fund the drug en- ed in batches beginning only weeks death penalty provisions, the Brady forcement requested by the President. after passage of the law. Law, and the criminal alien provisions. In yet another important area, let’s As a result, we find ourselves at the So, Mr. President, last year’s crime review what has happened in inter- end of the first year with nearly all the bill has achieved an extraordinary agency drug enforcement. The orga- fiscal year’s money out the door—all of measure of success during its first year nized crime and drug enforcement task the funds have already on their way to in operation. forces combine the efforts of the FBI, the States—and with more than 25,000 Yet, despite all of these accomplish- Drug Enforcement Agency, U.S. Attor- out of 100,000 cops already funded in ments under the 1994 Crime Law, the neys, Immigration and Naturalization every State in the Nation. In a word, anti-crime law is still under attack by Service, Marshals’ Service, Customs the law is working. the Republicans. Just as the entire Service, U.S. Coast Guard, and the In- In addition to the new police, the scheme of anti-crime initiatives is tak- ternal Revenue Service—all working law’s provisions combating violence ing hold, they would eliminate or dis- together in 13 regional task forces to against women are also working. mantle many of the law’s critical pro- target and destroy major narcotics The first criminal has been tried and grams and reverse the progress that is trafficking organizations. convicted under the new Federal vio- being made.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18148 CONGRESSIONAL RECORD — SENATE December 7, 1995 So while it is important to note the and moving forward to critical new loopholes so big that it would permit success we are having in implementing challenges, the Congress of the United all the money to be spent without hir- the act, that is not enough. States is in full retreat. The House has ing a single new police officer. Not one. We must also review at this point already dismantled the crime law, and Read their proposal. Money is sent why the 1994 Crime Law represents the now the Senate will decide whether it not to police but to mayors, and the right approach to reducing the problem will follow suit. money may be used not only for cops of violent crime in this country and This premature about-face after fi- but also for other types of law enforce- why Republican proposals would pre- nally putting in place the most com- ment officers or for many other pur- maturely divert us off the right track prehensive and carefully crafted set of poses or initiatives. Moreover, the and unwisely point us in the wrong di- anti-crime programs in our history is money could be used for other vaguely rection. not only foolish but irresponsible. defined purposes such as ‘‘equipment, THE MERITS OF THE 1994 CRIME LAW We owe it to the American people to technology and other material.’’ During the six-year period it took to follow through with the measures we Let me repeat—under the Republican enact this law, we undertook a major promised them and which they de- proposal the dollars can be diverted to study and evaluation of the current manded for the past several years. prosecutors, courts, or other law en- system to pinpoint the weaknesses in Let me address the merits of these forcement officials. anti-crime approaches. And for the programs. These may be worthy causes, but first time, the Federal Government THE 100,000 POLICE PROGRAM nothing in the Republican bill requires made a major commitment to help Let me turn first to the central pro- that even $1 be used to hire a single states and localities—where 95 percent vision of the new law—the 100,000 cops new police officer—and the one thing of crime occurs and is prosecuted—re- on the beat program that I will fight we know is that more community po- dress the greatest shortcomings of our with all my might to preserve. lice officers means less crime. system. I do not know a single responsible po- Look at the language of this bill. Not In the course of the crime study, six lice leader, academic expert, or public even one new cop is required. All it key shortcomings of our current sys- official who does not agree that put- says is that ‘‘recipients are encouraged tem became evident: ting more police officers on our streets to use these funds to hire additional 1. Most importantly, we do not have and in our neighborhoods is the best law enforcement officers.’’ That’s it. enough police out on the streets and in way to fight crime. Encouraged. our neighborhoods. Community policing enables police Mr. President, American commu- 2. We do not have enough prison cells to fight crime on two fronts at once— nities don’t need our encouragement. for violent offenders —so they end up they are better positioned to respond They need more police. serving, on average nationwide, only 46 and apprehend suspects when crime oc- We should not encourage the States percent of their sentences. curs, but even more importantly, they to keep the commitment this Congress 3. We have not come up with an effec- made to the American people. We tive response to criminals who abuse are also better positioned to keep crime from occurring in the first place. should keep our word. drugs. What this conference report does is 4. We do not treat family violence as I’ve seen this work in my home State take money that has been designated serious crime. of Delaware, where community polic- for cops on the beat and allows it to be 5. Our police are outgunned by crimi- ing in Wilmington takes the form of nals. foot patrols aimed at breaking up the used for a whole host of disparate pur- 6. And our nation’s troubled chil- street-level drug dealing that had poses. That means only one thing for dren—who are growing up in a world of turned one Wilmington neighborhood sure—the money will be wasted on illegal drugs, guns, crime and vio- into a crime zone. things the Federal Government should lence—don’t have safe places to go and These efforts successfully put a lid on not be funding. The great benefit of the lack positive activities to motivate drug activity, without displacing it to 1994 crime law was that it gave States them toward productive endeavors. other parts of the city. In practice, enough choice but also gave them The comprehensive anti-crime bill community policing takes many forms, enough direction. That direction is passed by the congress last year was but regardless of the needs of par- what differentiated this crime law designed to address each of these key ticular communities, the reports from from the failed crime laws of the past, shortcomings. the field are the same—it works. yet that direction is precisely what This law is now providing an unprec- The 1994 crime law targets $8.8 billion this block grant throws out the win- edented infusion of Federal dollars to for states and localities to train and dow. states and localities—to help them at- hire 100,000 new community police offi- That is the major flaw of the Repub- tack crime both at the back end—with cers over 6 years. lican block grant. more money for law enforcement and Now, we all remember the criticism I believe that the single most impor- prisons; and at the front end—with last year of the 100,000 police program. tant thing our communities need when more money for prevention programs The cops program won’t work, Repub- it comes to fighting crime is more po- that can help keep would-be criminals licans in Congress said. They got lice, and the current law guarantees off the road to ruin in the first place. Charlton Heston to say in national tel- our money will be used for just that The Crime Law reflects the primary evision ads that it would never happen, purpose. lesson learned over the last decade as that we would never see more than We should not abandon it 1 year after we studied crime and law enforce- 20,000 cops. enacting it. We must save the 100,000 ment—that all of the shortcomings in Well ‘‘Moses’’ could not have been cops program to ensure that the money our system must be addressed together, more wrong. We already have 25,000 for police is used only for police. that correcting one without the others new local police officers on the streets PRISON GRANTS is futile—because crime offers no sin- of America—after only 1 year under the The second major shortcoming in the gle, easy answer. new law. And because of the way we’ve current system is prison space, and the I had hoped to spend this year watch- set it up—with a match requirement prison program in the crime law we ing over the smooth and speedy imple- and spreading out the cost over a pe- passed last year was designed to meet mentation of the law, while turning my riod of years—the money will continue two goals: focus to those substantial crime-re- to work, keeping these cops on the beat First, to help States increase—and lated issues still before us—including a and preventing crime in our commu- then use to maximum advantage—their renewed fight against illegal drugs, and nities far into the future. supply of prison space; and second, to reform of our juvenile justice system But that progress will come to a encourage States to adopt the kind of as it struggles to deal with violent screeching halt if my Republicans col- truth-in-sentencing system that has young criminals the current system leagues get their way. been instituted at the Federal level. was never designed to handle. They have proposed and incorporated Today, prison systems in 34 States But instead of building upon the suc- into this conference report a new law are under court order due to over- cess the crime law already is having enforcement block grant—which has crowding.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18149 Because there are not enough prison costs, but the 1994 crime law recognized until after our children become ad- cells, many States are keeping violent that crime is plaguing all states not dicted to drugs, until after more Amer- criminals behind bars for only about just a few of our Nation’s largest bor- icans’ lives are ruined. half their sentences—46 percent is the der States. The anticrime law enacted last year nationwide average. FIGHTING DRUG RELATED CRIME answered that question unapolo- Worse yet, 30,000 offenders who, each The third major shortcoming of our getically. year, are convicted of a violent crime current system is the failure to limit In addition to fighting crime, the law are not even sentenced to prison. drug-related crime. made a commitment to preventing The 1994 crime law is helping States The new law provides money for spe- crime—a commitment supported by respond to this problem with a $9.7 bil- cialized drug courts to target low-level virtually every criminologist, every lion grant program. drug offenders who are out on the legal scholar, every sociologist, every Under the 1994 law, States can use streets breaking into cars and stealing psychologist, every medical authority, the money to build and operate addi- to support their habits. and simple common sense. tional secure prison cells for violent In most communities, these offenders Those who study this issue agree that criminals—or for boot camp prisons for are now largely ignored by our system. breaking the cycle of violence and non-violent offenders, thereby freeing They do not go to prison and they are crime requires an investment in the up secure prison spaces for violent not required to comply with drug test- lives of our children—with support and criminals. ing or get treatment. guidance to help them reject the vio- Let me tell you about these boot Most are simply sent right back out lence and anarchy of the streets in camps. Today, 160,000 young, non- on the streets on largely unsupervised favor of taking positive responsibility violent, minor offenders are behind probation—and they go right back to for their lives. Prevention is also what cops want— bars in costly prison cells. That just the cycle of drug use and crime to sup- what virtually everyone in law enforce- does not make sense. port their drug use. ment wants. So the law encourages States to The heart of the problem is that, just make the most efficient use of existing Every police officer I have talked to, like the prison populations, the proba- every prosecutor, every prison warden, prison cells—by putting violent offend- tion and parole populations have ex- ers in the most expensive cells, and every probation officer, says the same ploded. More than 3.5 million offend- thing—we can’t do it alone. And we housing nonviolent, minor offenders at ers—half of them drug addicts—are one-third the cost of conventional pris- can’t do it all after the fact. now living in their communities under And listen to local officials—the very on space in military-style boot camps. the nominal supervision of courts or people the Republicans say they want I am encouraged that the Repub- corrections officers. to give greater voice: Republican may- licans’ prison proposal permits States According to the Justice Depart- ors Giuliani of New York and Riordan to use this funding for boot camp pris- ment, of the roughly 1.4 million drug- of Los Angeles say this: [B]y funding ons—that is an important change from abusing offenders on probation, only proven prevention programs for young the house-passed appropriations bill. 800,000 are subject to some drug testing people, the crime bill offers hope—hope KEY PROBLEMS WITH CONFERENCE PRISON PLAN or drug treatment. The remaining that in the future we can reduce the One key problem with the Republican 600,000 drug-addicted offenders are on need for so many police officers and prison plan is that the plan permits our Nation’s streets each day, unsuper- jails. States only to build or expand pris- vised, untested, with no fear of punish- Listen to Paul Helmke, the Repub- ons—leaving out the ability to spend ment. They are accidents waiting to lican mayor of Fort Wayne, IN: [I]t’s a these funds to operate prisons. happen. lot less expensive to do things on the This just does not make sense, when Many of these probationers are high- prevention side than on the police side. the 1994 prison provisions were written, rate offenders. Hard-core addicts are This unity among law enforcement we heard several States had already estimated to commit up to 200 crimes a was the force that drove the prevention built prisons, but could not open these year to support their habits. programs into the 1994 crime law and prisons because of a lack of operating As the number of probation officers into the appropriations bill as passed funds. has not kept pace with the growth in by the Senate just a few months ago. A close look at the fine print of this the probation population, probation We need to give these programs a bill reveals what I believe is one of its caseloads now average 118 offenders. chance. If after a few years the preven- most troubling aspects. While $617 mil- In some areas, caseloads can exceed tion programs in the anti-crime law do lion is appropriated for the prison 200. not work, I will be first in line to grants in the conference report, the Re- With so many offenders, officers are change it. publican conferees raided $200 million able to conduct only minimal super- The 1994 crime law sets aside $5.4 bil- of that to fund prisons in just 7 or 8 vision at best—perhaps 15 minutes a lion to give States money—and flexi- States. week. bility—to implement many types of Let me explain—the bill directly We know who these people are. crime prevention programs that have funds $300 million to reimburse States Judges and probation officers have proven track records of success. for the costs of housing criminal aliens their names and addresses. So why do As part of that money, $30 million is in State prisons. This was a provision we ignore them? allocated to fund crime prevention pro- included in the 1994 crime law, and I Drug courts are designed to take grams such as TRIAD and boys and support this goal. But, on top of that these offenders and their crimes seri- girls clubs and other local initiatives. $300 million in direct appropriations to ously—offenders face random drug test- The TRIAD programs are the joint reimburse States for incarcerating ing and mandatory treatment. And, if efforts of sheriffs, police chiefs and sen- criminal aliens, language was slipped they slip back into drugs—they go to ior citizens—practical cooperation that into the bill so that an additional $200 jail. helps combat crime against our elderly million was shifted from the general Yet the Republican proposal totally citizens. prison grants for all states to the eliminates drug courts. The bill wipes In hundreds of public housing criminal alien reimbursement pro- out all funding. We must preserve the projects across the country, boys and gram. necessary money to fund the drug girls clubs give kids a safe place to So I point out to my colleagues—if courts. hang out after school—a place with you are not from Arizona, Florida, PREVENTION PROGRAMS positive activities and positive role Texas, Illinois, New York, New Jersey, I turn now to an issue that has been models. California, or Michigan—funds that the subject of more misinformation A recent, independent evaluation has should have gone to building prisons in and outright mischaracterization than reported that housing projects with your State have been stolen by this perhaps any other in the crime de- clubs experience 13 percent fewer juve- conference report. bate—whether we should work to pre- nile crimes, 22 percent less drug activ- This is outrageous, I support the vent crime before it happens, instead of ity, and 25 percent less crack use, than need to reimburse States for these waiting until after the shots are fired, do projects without clubs.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18150 CONGRESSIONAL RECORD — SENATE December 7, 1995 Other local prevention programs are write the checks for next year’s fund- ment. If he did, I have no doubt that having great success as well. For exam- ing of the crime law. the majority leader, the very next day, ple, in honolulu, professionals identify I have tried today to outline my ob- or one of the other Republican Presi- families at risk for neglect or abuse jections to the Republicans retreat—in dential candidates would be holding a when children are born and then visit this conference report—on the key pro- press conference attacking the Presi- their homes regularly over several visions of the anticrime law enacted dent’s position with an argument that years to help parents learn to care for last year. it would be ludicrous to disband the their children. In Houston, TX, a core So I urge my colleagues to consider only Cabinet Department that serves of professionals provides one-on-one very carefully whether this is the right as an advocate for American industry. counseling, mentoring, tutoring, job forum and the right idea to dismantle BLOCK GRANTS training and crisis-intervention serv- these vital parts of the already success- Mr. President, when I look at this ices to students at risk of dropping out. ful and highly popular crime law. bill, I think it is a little block grant Although many communities are put- In the end, I suspect that the merits crazy. It kills the Cops on the Beat ting their best foot forward, the need will speak for themselves and the Program and says make it a block and demand for prevention programs american people will decide whether it grant. far outpace the supply. is a good idea to debilitate the Crime I find this faddish obsession with And yet the Republicans have elimi- Law just as it is showing clear signs of block grants to be most interesting. It nated the separately targeted funding success. was just a little over 2 years ago that for these programs and thrown them This program is a very bad idea. I ex- President Clinton submitted a $16 bil- into the block grant—a move some pect we are going to get to debate this lion economic stimulus program. And I charge is cold-hearted and mean. But I again. So in light of that, and in light recall that it was the casualty of the say it’s just plain dumb. of the fact I have no more time—I am 103d Congress’ first filibuster in which The prevention money in the crime sorry. My staff is now fired. They gave Republican Member after Member at- law is an investment in our future that me a note saying before I had 3 min- tacked it for including block grants. we simply cannot afford not to make— utes, and now I see it is 30 minutes. But Each speaker talked about the types of not when we are spending $25 billion to I will yield the floor and reserve the re- questionable projects that could be al- lock people up every year. mainder of my time. lowable under block grants. They talked about pork-barrel swimming And there are issues here even more COPS ON THE BEAT/COMMUNITY ORIENTED important than money, because the POLICING PROGRAM pools, parking garages and canoeing fa- commitment that we make today will Mr. HOLLINGS. Mr. President, this cilities. Of course, none of those things define us as a nation tomorrow. conference report proposes to termi- was actually in the bill. But, the flexi- Prisons, though essential, are a tes- nate the successful Cops on the Beat or bility and discretion provided by block tament to failure: they are the right the Community Oriented Policing grants enabled Governors and mayors to fund such projects. And so, my Re- place for people gone wrong. [COPS] Program. This is one of the publican colleagues stood for days on On the other hand, when a life about craziest things I’ve seen since coming the floor and attacked the allowable to go wrong is set back on the right to the Senate. I had always thought uses of block grants. Predictably, there track—that is a testament to hope. that getting more police on the streets was a public outcry. In turn, they de- We build hope by showing children was a rock solid conservative, and for feated that bill, not for what was in it, that they matter, by challenging dis- that matter, a bipartisan value. If but because of the basic concept of affection with affection and respect, there was one thing I thought we all block grants. and by contrasting the dead-end of vio- could agree on, it was our belief in Now, here we are with the 1996 Jus- lence with the opportunity for a con- local law enforcement. tice appropriations bill and we have a structive life. This attack on this police program successful and effective program to That’s why we need to restore the comes as something of a surprise to hire and train tens of thousands of po- separate funding for these prevention me. I’ve looked back at the debate on lice officers and get them on the beat. programs, in addition to the funding last year’s crime bill, and what I saw And what is the opposition proposing? for the 100,000 cops program. was statement after statement by Re- To kill the program and create a block CONCLUSION publicans attacking the authorization grant that will send checks for Gov- In concluding, I want to reiterate of crime prevention programs—not hir- ernors. Unbelievable. that in its breadth, the 1994 anticrime ing police. As I recall, the only major REMEMBER THE LEAA? law reflects the lessons learned over argument against the Cops on the Beat Now, Mr. President, this block grant the last decade as we studied crime and Program was that some Republicans idea is deja vu. Those of us in the law enforcement and worked on pass- didn’t think we could succeed in get- Chamber that have been here awhile— ing this law. ting 100,000 additional police out on the those of us with an institutional mem- And in its approach, as well as in streets in America. Yet in statement ory—know that this notion of police many specifics, the law was the result after statement, they said they sup- block grants is nothing new. Back in of bi-partisan efforts. ported more police. the 1970’s, we tried a block grant pro- We should not retreat now on this Now, the tables have turned. The ma- gram for law enforcement and it was a tough but smart crime package that al- jority party is against police and the miserable failure. Our experience with ready is hard at work in preventing Cops on the Beat Program because we the Law Enforcement Assistance Ad- violent crime across the country. And are for it. That is absurd. After 29 years ministration, or LEAA, is worth re- we should not retreat on the 100,000 in the Senate, I have finally cracked viewing. cops program that we insisted on just a the code—as they say in the Pentagon. LEAA was ‘‘sooey pig.’’ It was a few months ago. In the current Senate, if Democrats boondoggle. It was all those things Let me also point out that the $30 support a program, then the majority that my Republican colleagues com- billion crime law trust fund that uses feels compelled to do the opposite. And plained about in 1993. Communities the savings from cutting 272,000 Fed- they will do the opposite even when across the Nation used their LEAA eral bureaucrats (160,000 have already they are cutting off their noses in spite block grant funds to buy tanks, cars left) pays for every cop, every prison of their faces, as in the case before us. for mayors and even encyclopedias. cell, every shelter for a battered The lesson that I guess we as Demo- LEAA funds were used to hire consult- woman and her children that is pro- crats need to learn is that we appar- ants who produced numerous plans vided for in the crime law—without ently must do the opposite of what we that only were shelved to rest in peace. adding to the deficit or requiring new think is right. Then the Republicans The LEAA was the Beltway Bandit’s taxes. will do the right thing. So tomorrow, I best friend. It was the same old story— That was the deal we made right here guess I should call the President of the Federal money was used to fund on the Senate floor 1 year ago. Yet now United States to suggest that he come projects for which Governors or city my Republican colleagues are trying to out with both barrels blazing in a call councils were unwilling to use locally- back out on the deal by refusing to to eliminate the Commerce Depart- raised funds.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18151 Quite simply, LEAA was a waste of town is enthused. In a small town like Some have said that we in Wash- taxpayer funds. By the time President Yemassee, one extra police officer has ington shouldn’t decide if local govern- Carter came to town, he had seen a tremendous impact. ments need more police. They claim LEAA firsthand as a Governor in Geor- Quite simply, in South Carolina that we should just give them a check, gia. And he knew of the program’s Fed- towns like Yemassee, Abbeville, Cal- or as this conference agreement pro- eral largesse and wastefulness. So he houn Falls, McCormick, and Mullins, poses, give checks to governors and rightfully told Congress to kill the pro- and in larger cities like Charleston, mayors so that they have the ‘‘flexi- gram. Greenville, and Columbia, the COPS bility’’ to allow them to buy other A good summary of our experience program has made a difference. Across things or establish prevention pro- with the LEAA is in the 1982 edition of the Nation, the successful addition of grams. the Congressional Quarterly: 26,000 more officers in just 2 years Well, Mr. President, the last time I Fourteen years after its creation, the Law shows that we have a winner with the checked, 10 out of 10 people who call Enforcement Assistance Administration COPS Program. For once, Congress and the police for help—are calling for a (LEAA) went quietly out of business April 15, the Administration got one right. cop. They don’t want to hear about a a demise ordered by Attorney General Wil- Let’s take a look at why. The COPS check or flexibility. They don’t want to liam French Smith but preordained in the program is focused. It has measurable know about a tank or high-falooting, final years of the Carter Administration. goals. It is all teeth and no fat. It’s ad- Dick Tracy gadgets. They want a po- In its somewhat troubled life, the grant ministrative costs are less than 1 per- lice officer to come to their assistance. agency dispensed nearly $8 billion to local cent. Compare that to the block grant There is no higher need than putting law enforcement agencies for programs such proposal, which has administrative foot soldiers out on the front lines to as improved police equipment, shelters for costs at 2.5 percent. No other federal homeless youth and special local task forces battle crime. If there are other law en- program can match the COPS pro- to prosecute ‘‘career criminals.’’ In recent forcement infrastructure needs, there gram’s efficiency. years, however, LEAA was criticized for re- are enough other existing federal pro- quiring too much red tape in its grant pro- In fact, part of the COPS program is specifically targeted to help smaller grams, such as the popular Byrne grant gram and for wasting money on Dick Tracy- program, to meet those local needs. type gadgetry. communities like Yemassee. This part, Results speak for themselves. Some COPS ON THE BEAT called COPS FAST, has no redtape. In- stead, all that is required is a one-page 26,000 police are out in local commu- Mr. President, for $8 billion we got nities that weren’t out there just two nothing from these LEAA block grant application. Also, the COPS program has account- years ago. If we stick with the COPS programs. Compare that with the Cops program, that number will be more on the Beat Program. We have spent ability. It’s no giveaway. It requires a shared commitment and responsibility than 40,000 in just another year. $1.358 billion in 2 years. Already, we Maybe that’s the problem. Maybe my have gotten more than 26,000 additional at the local level. Police and sheriffs’ departments have to make a local fi- Republican colleagues want so police officers funded to go on the beat desparately to kill the COPS program in small towns and cities throughout nancial commitment to be involved. They have to put up 25 percent in simply because it is so effective. America. Mr. President, I have received numer- I don’t believe that I have ever seen matching funds to participate. Furthermore, the COPS program has ous letters from police and law enforce- a more effective program with less red- cut administrative overhead with a ment groups across this nation that tape. And if you want to hear about the customer response center, personalized are pleading that we restore funding success of this program, just talk with grant officers, and simplified proce- for the COPS program. Let me just local sheriffs and police chiefs across dures. The Justice Department is get- quote from a few here: the country. ting out funds to small communities The Fraternal Order of Police (Presi- In South Carolina, the COPS pro- within two months of application. And dent Gilbert Gallegos): gram has funded more than 255 extra there are no middlemen. The program police to patrol communities. And it’s Since its inception in September 1994, the is fully competitive and non-partisan. COPS program has provided 26,000 state and working. Members of my staff have Finally, the COPS program has been local officers. These men and women, and traveled extensively across South working with the Defense Department those who join them as the COPS program Carolina to meet with local police to to initiate a ‘‘Troops to Cops’’ program continues to meet its goals, will play a vital find out about the program. As far as I to encourage the hiring of recently-sep- role in the effort to make our streets safe for know, there has not been a single nega- arated members of the military, such law-abiding citizens. . .. On behalf of the tive comment about the program. In 270,000 rank and file officers who make up as our friend in Yemassee. the FOP, you have our thanks and support. fact, most chiefs and sheriffs were ex- THE WAR ON CRIME National Association of Police Orga- tremely supportive of the program. Mr. President, the conference report nizations—Robert Scully, Executive Here are some typical comments we before us adds funds to hire thousands got about the program: of additional Border Patrol agents, FBI Director: ‘‘This was the easiest Federal pro- agents, federal prison guards, INS in- The National Association of Police Organi- gram I’ve ever seen,’’ one chief said. spectors and DEA agents. These are the zations (NAPO) representing over 185,000 ‘‘There is no way we could have hired rank and file police officers and 3,500 police people that my sheriffs and police associations . . . has been behind the COPS an additional officer without this chiefs in South Carolina call ‘‘the grant,’’ said another. program since day one. We oppose altering Feds.’’ Now, maybe we could use more this successful program to a block grant ap- ‘‘The application form—just one Feds. But, if we think that only they proach because we know that unless the page—was so simple. There is no way it will really make a dent in the war on monies are given directly to law enforce- could have come from Washington.’’ crime in America, we are fooling our- ment agencies to hire more police officers, Finally, listen to what was said by selves. the funds will be diverted by local bureau- the chief of police of Yemassee, a small That war is going on in every city crats with their own agendas. . . . (COPS) is lowcountry town in Beaufort and and town across America. Crime gen- the single most effective crime program Hampton counties that is a few miles erally is a local, not a federal, occur- working to make our streets safer and law enforcement sees no reason to change it. from Hilton Head Island. Administra- rence. What Americans fear most today tors with the COPS program dealt di- is violent crime in their communities Police Executive Research Forum— rectly with the Yemassee Police De- —murder, rape and robbery. Generally, Chuck Wexler, Executive Director: partment and expeditiously provided those crimes are dealt with by local po- Police Executive Research Forum mem- funding. The department was able to lice, not the Feds. This COPS program bers have spoken out strongly against the hire one additional officer, an ex-ma- is the best and most effective weapon proposed Senate block grant program which, rine who recently left Parris Island. under this appropriations package, would re- that has been developed so far to assist place the COPS program. The replacement of Jack Hagy, Yemassee’s chief, told my state and local law enforcement offi- the COPS program with block grants would staff that it is the first time in his ca- cers in combatting these crimes. Un- hinder PERF members’ efforts to improve reer that the Federal Government ever like block granting, the COPS program public safety and address community prob- did anything for Yemassee. The entire does it right. lems. . . . this issue is of ideal importance to

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18152 CONGRESSIONAL RECORD — SENATE December 7, 1995 the law enforcement community and the en- that my Republican colleagues will did it ever have a more important func- tire nation, it is imperative that you and agree to restore funding for the Com- tion in our Government. your colleagues understand and consider our munity Policing Program. concerns. Having Senator HOLLINGS in the Far too many issues become partisan Chamber at this time, having served National Sheriffs’ Association— this year. This is the craziest session of Charles Meeks, Executive Director: with Mr. Hoover on the Commission for Congress that I have seen. Our support reorganizing the executive branch of On behalf of the National Sheriffs’ Associa- for police and sheriffs has always been tion, I am writing in support of your amend- Government, I remind my colleagues, bipartisan. Let’s not change that. I in the wisdom of his youth, Senator ment to the FY96 Commerce, Justice, State hope that my Republican colleagues HOLLINGS was a Republican, a young Appropriations bill to continue the COPS will listen to their local law enforce- program. Because of the COPS program, over Republican, and a great admirer of Mr. half of the nation’s sheriffs have hired over ment officers, that they will support Hoover, as am I. And it is, as I say, a 1,300 deputies moving toward increased law our men and women on the front lines, little ironic that he helped, along with enforcement presence in our counties. This and that they will join me in sup- others of this body, to help create a program of police hiring, in conjunction with porting the Cops on the Beat Program name for that Department, and there community policing, will go a long way in when this Commerce, Justice and State helping to reduce crime in our counties. was only one name to ever consider, bill comes back to the Senate. and that was Herbert Hoover. The Law Enforcement Steering Com- Mr. GREGG. Mr. President, I yield 5 mittee—James Rhinebarger, Chairman: minutes to the chairman of the Appro- The chairman of the Foreign Rela- The elimination of the COPS program priations Committee, Senator HAT- tions Committee, Senator HELMS, would hinder our efforts and the progress FIELD. voiced his frustration this morning made in community policing, and would ulti- Mr. HATFIELD. Mr. President, I rise about the pace of authorizing legisla- mately prove detrimental to the nation’s to support this conference report and tion. This is a serious problem because public safety. . . . This is an issue of vital consider it a balanced approach in the budget resolution, in our efforts to importance to the law enforcement commu- meeting the funding needs of the agen- balance the budget, loses a lot of its nity and the entire nation. cies and departments contained in the teeth in the absence of necessary au- AN ATTORNEY GENERAL WHO’S BEEN THERE bill, and considering it within the con- thorizing legislation needed to enact Mr. President, I have served with text, of course, of the parameters of the cuts in domestic discretionary quite a few chief law enforcement offi- the budget resolution. spending contained in the resolution. cers since I came here in 1966. There Senator GREGG has done an excellent We are in a situation, Mr. President, are a lot of impressive names on that job picking up on the difficult task of as members of the Appropriations Com- list—Ramsey Clark, Griffin Bell, John bringing this bill through conference. I mittee, where we are getting ‘‘Hail Co- Mitchell, Elliot Richardson, Ben Civi- might just remind our colleagues that lumbia’’ from all sides in this par- letti, William French Smith, Dick Senator GREGG came into this picture ticular dilemma that we face in this Thornburgh, and Bill Barr. But, I have sort of like a little after halftime in Congress. This has been the case for to say that I have never seen a better the game to start quarterbacking this many years, because we do appropriate Attorney General than Janet Reno. particular bill. I think he and his staff funds to hundreds of programs that She comes from local law enforcement deserve a lot of credit for the product lack authorization, expired or other- and is from an area that has its share that is before the Senate today. wise. We appropriate funds to programs of crime, Dade County, FL. I also want to compliment Senator With Attorney General Reno, what and departments the Senate has voted HOLLINGS for his dedication to this bill to eliminate. you see is what you get. She is a no- and its programs. nonsense leader who understands ac- This has not been an easy year for As the President and the Congress countability. She understands first- any of us here on this committee or continue to negotiate a road map to a hand what is needed to combat crime. within the Senate, but I think it has 7-year balanced budget, our trip must This Cops on the Beat Program is her been made easier by the fine leadership include stops through the authorizing program. During a speech last year, she of this subcommittee. And I might committees. The Appropriations Com- summed up why we need the COPS Pro- comment at this time that Senator mittee cannot shoulder the whole bur- den in reshaping, redesigning and gram and why it is far and away the HOLLINGS and his staff have served most important component to last with distinction on this subcommittee eliminating programs and departments year’s crime bill. In addressing police for almost a quarter of a century. His without guidance from the relevant au- groups in October of last year, she said: knowledge and expertise was a critical thorizing committees of jurisdiction. The truth is, criminals do not stand in awe factor in framing the bill and bringing This conference report includes crit- of a piece of paper or a bill or an Act. They it to this point in the process. ical funding for ongoing scientific re- look at results. Violence in this country does As you remember, the budget resolu- search being conducted by the National not magically recede because we have a piece of paper that says it should. Violence in this tion passed by both the House and Sen- Oceanic and Atmospheric Administra- country recedes and is reduced because of ef- ate called for the elimination of the tion. While I would have preferred forts of officers on the front lines making a Department of Commerce. I voted for more funding for the NOAA operations, difference in their community, . . . and of of- the budget resolution and continue to research and facilities, I am pleased ficers getting the resources they need to do support its goal of a balanced budget. that the Agency is very close to a the job. This conference report does not elimi- freeze, at the level provided in 1995. CONCLUSION nate the Department of Commerce. It For the Department of State, the op- Mr. President, at this point we can- does cut funding Departmentwise by erations accounts, including salaries not really change what the Republican 14.5 percent. But it does nothing close and expenses, have been funded at a leadership has chosen to do to the to eliminating this Department. level adequate to address the many COPS Program in this conference I should like to sort of make a side- pressing demands of our Foreign Serv- agreement. This agreement is in the bar comment here, which is that it is a ice officers. It may not mean for the nature of a substitute, and the COPS bit ironic that the Republican Party programs we have committed to, and Program cannot be amended or voted seems to be the leading proponent of particularly peacekeeping activities, upon separately. I, for one, do not be- abolishing the Department of Com- we are really underfunded. lieve that we should be rewriting the merce, with its headquarters being 1994 crime bill in this conference agree- named the Herbert Hoover Department The conference report provides $348.5 ment. of Commerce Building, because prob- million for the Economic Development As I stated earlier, this conference ably the greatest Secretary of Com- Administration. This is a slight de- report is going to be vetoed. Make no merce of all time, the man who really crease from the 1995 level and would mistake about that. It is my hope that built the Department, was Secretary allow the EDA to continue their wor- we can move expeditiously on to round Herbert Hoover under the Harding-Coo- thy efforts. two and develop a bill that can become lidge administrations, and that Depart- Also, on the issue of the Legal Serv- law. And, as part of that process, I hope ment never had a stronger leader, nor ices Corporation, I supported Senator

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18153 DOMENICI and worked with him in con- The PRESIDING OFFICER. Without The problem in America is that over ference to get the funding at a higher objection, it is so ordered. the last 10 or 15 years we have sent a level. Mr. KERRY. Mr. President, I thank message to people that the probability While we ended up at the House level the Senator from South Carolina. I of being apprehended is not so good. In of $278 million, this important issue de- may not use the entire time, but I fact, Mr. President, two out of five peo- serves further consideration in the sec- would like to pick up where I left off in ple who commit murders in America ond round after the expected veto of the questioning with the Senator from will never cross the threshold of a po- this bill. Delaware. There is not anybody in lice station, let alone a courthouse. We Negotiations are ongoing with the America who has not become so have also learned that in community administration on this bill. This morn- aware—I think ‘‘overwhelmed’’ is a after community after community ing, we received a letter from the Of- better term—by the level of violence where we have put police officers on fice of Management and Budget which that seems to consume this country at the street in community policing, life states that the President would veto this time. has improved. this appropriations bill. I am hopeful I think it reached a new level of de- Just this past week the Attorney that we can reach an accommodation pravity with the story a few weeks ago General visited Lowell, MA, where we with the administration on this bill when a woman was murdered and cut managed to get a Federal grant to help and the other six appropriations bills open so that her live fetus could be create a community policing entity in that remain. taken out by animals who somehow a part of town that had seen pimps and Again, I thank Senators GREGG and had the notion that it was an accept- prostitutes and drug gangs take over HOLLINGS and compliment the staff for able way to give someone else a live the streets. The moment the police their hard work. child. We are raising sociopaths in this came in, the pimps and prostitutes and The PRESIDING OFFICER. Who country at a rate that ought to alarm drug gangs disappeared and the stores seeks recognition? every American. I think it does alarm on that street came back to life and Mr. HOLLINGS. Mr. President, let them, and it somehow rings rhetorical me thank the distinguished chairman seniors began to say, ‘‘We can come out alarm bells in Congress, but it just of our house again and walk to the of our committee. He and I have been does not produce a response that is in harness together since 1958 when he store.’’ It is basic. adequate. Here we have a bill that turns its was elected the Governor of Oregon and I think most Americans know that. I back on the pleas of police officers, on I the Governor of South Carolina, and think most Americans understand that you get saddened when you see all your the pleas of local communities and sug- unless the 36 percent of children na- gests that somehow we are going to be good friends announce that they are tionwide who are born out of wedlock, better off by creating a block grant leaving, and particularly this friend who have little prospect of anybody in where communities will now compete here because he has been absolutely their lives giving them some values, against all the other interests in the fearless, has Senator HATFIELD. unless the prospect of those kids gain- community in law enforcement rather It has just been a thrill to watch him ing some sense of what this country than going to the priority that we at the gubernatorial level and then at and civil behavior is all about in- chose—which is putting police officers the national level, a man of his own creases, we are going to see a lot worse on the street. mind, absolutely ethical, of the highest in the next 10 or 15 years. I suppose block grants might be con- integrity and most of all dedicated—I What astonishes me, Mr. President, ceivable if you had the resources being think I am dedicated to peace, but is that every analysis by competent there is no doubt that some would say people, every criminologist, every re- dedicated in all the other areas so that I would rather start a war than stop it searcher in the field of youth violence, you could make a difference. But the —but no doubt about the Senator from is telling us that this Nation is going fact is, we do not have those resources Oregon, he wants to stop all wars. And to see a wave of criminal activity in the other areas, and we know it. The he has really made history in that re- among our young unless we do some- police should not have to compete gard. That is why, as warlike and as thing about it. against the computers, against the contentious as I can be, I am trying to The response in this bill, notwith- cruisers, against the equipment, look with favor on the present propo- standing good efforts by good people to against floodlights for a jail, that we sition relative to Bosnia. take a minimal number of resources need. If they do then we are going to go But thanks should go to the distin- and shift them around, is just inad- back to where we started from—that guished chairman of our Appropria- equate. It is simply inadequate when prompted us to guarantee that there tions Committee for his leadership. We we know that we have one-tenth the are well equipped police officers on our had an awfully difficult time getting number of the police force we had 30 streets. Mr. President, about 11 percent of all the bill to Senator GREGG for his lead- years ago—when people are scared to ership. He saved that bill two times go out of their home at night—go to a our crimes in this country occur each when we were not going to have a bill. part of town that they know may not year in our 85,000 public schools. It is So I am particularly grateful for his be safe at night—when people are wor- estimated today that 1 out of 20 stu- overcomplimentary remarks about me. ried whether or not their car will be dents brings a gun to school at least Incidentally, I was at the time, in stolen when they go out. once a month. We understand that per- 1953 and 1954, a Democrat. I was trying The greatest single message and de- haps more than 200,000 students in to start up as a Republican, but the terrent in taking back the streets from America now pack weapons along with late Senator Burnet Maybank grabbed that fear and from that kind of thug their lunches because of their fear of me and said, ‘‘What’s the matter with dominance are police officers. The Sen- violence in and on the way to school. you, boy?’’ I said, ‘‘Well, I wanted to ator from Delaware said that 15 years According to the National School Safe- run here for the legislature.’’ He said, ago—this is a fact we talked about ty Center, nearly 3 million crimes are ‘‘You’ve got to run as a Democrat.’’ I many times—we had 3.5 police officers committed in, near, or around a school said, ‘‘Yes, sir.’’ per violent crime in America. Today we campus every year. That is one crime Mr. HATFIELD. Easy composure. have anywhere from 3.5 to 4.6 violent almost every 6 seconds that a school is Mr. HOLLINGS. That was easy crimes per police officer. in session. composure. I thank the Senator. It is not rocket science to begin to So, Mr. President, this is not a smart Mr. President, I yield to the distin- understand the relationship between approach to the problems of increased guished Senator from Massachusetts 10 putting the police officer on the street criminal activity in this country. It is minutes. and the ability to deter crime. Most not enough. If this represents the best Mr. KERRY. I thank the Senator. thugs do not go out and walk into a 7– that we can do at a time when the Mr. HOLLINGS. Mr. President, I un- 11 or a gas station when there is a cop country is in crisis, then we ought to derstand 20 minutes were reserved for standing 40 yards away or where there be forced to go back to the drawing the Senator from Arkansas which have is someone that is on a regular patrol board and do better. been yielded back, so I yield 10 minutes and they know the chances of being ap- Mr. President, violence is an epi- of that time. prehended are pretty good. demic in America that knows no local

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18154 CONGRESSIONAL RECORD — SENATE December 7, 1995 or State boundaries. It is spilling over to Governors to control. Perhaps, this school campus every year—about 1 into thousands of communities across time, they will in fact spend it all on every 6 seconds that a school is in ses- America. In September, in Massachu- police, and do so wisely. This will be a sion. setts, a young prosecutor, Assistant real test, and we will all be watching; Mr. President, as this Congress talks Attorney General Paul R. McLaughlin, not just those of us in the Senate, but about the problems of crime and vio- was gunned down by a hooded youth in the American people, suffering the rav- lence, the inescapable reality is that a display of a level of gang violence ages of crime and violence, all over the conditions described above create and immorality unprecedented in this America. an educational environment that country. It was a brutal assassination That suffering, its magnitude, the thwarts the efforts of public school of a public servant doing his job—the utter disgrace it represents for every teachers to educate students; it im- kind of violence we see in other na- man and woman in this Chamber, that pedes teaching and learning, and un- tions, but not in America. is the real issue before us. derscores one of the main reasons why Against that backdrop, it is ironic It is estimated that crime has in- more and more parents are refusing to that I have to come to the floor of the creased by more than 600 percent since send their children to public school. U.S. Senate to plead with some of my 1950. But before another member of this colleagues to keep cops on the street— Communities have been ravaged by body stands up to criticize public to plead for them to abandon ideology indiscriminate acts of violence. Such schools and public school teachers, it is and their own political agenda and re- acts have been and are eating away at time each of us consider the environ- spond to do what is right, not what is the core of our cities and towns, and ment many public school teachers find expedient. the impact on our schools has been themselves trying to teach in. In urban I fear, Mr. President, that our head- devastating. I do not believe that there America, that environment has been long rush to balance the budget at any has been a rural, urban, or suburban hostile not only to teaching, but to life cost—even the cost of the life a young school that has escaped its grasp. itself. Students committing indiscrimi- prosecutor—is irrational, irresponsible, Families have been destroyed, law- nate acts of violence against another shortsighted, and immoral. lessness has exploded, and many young student because of drugs, clothing, or Now, I know that perhaps nothing people have watched first hand as their simply because they wanted to. In fact, could have stopped this brutal murder, friends and relatives were killed in the arrest rate for juveniles aged 10–17 but we have to ask ourselves today, front of them. Such killings have left for weapon law violations increased 117 what are our priorities. What kind of an indelible impact on the lives of percent between 1983 and 1992. people are we if we chose the bottom these young people—an impression It is no longer enough to say that line over the lives of public officials. If that will stay with each of them for- you cannot teach a child who comes to we rigidly hold to extremist dogma no ever. school hungry. The problem today is matter who gets hurt and who suffers. Mr. President, the problems of crime well beyond the single issue of hunger Mr. President, let us bring this de- and violence that we talk about today that previously confronted public bate about Commerce-Justice-State are not new, but have been at least 30 school teachers. Today’s problems are appropriations to where it belongs— years in the making. During this time multifaceted and to a greater degree with the will of people—the concerns of we have watched violence emerge as than ever before, are compounded by thousands of local police officials who one of the leading public health crime and violence on the way to, dur- came to Washington to testify year epidemics in the United States. ing and after school. after year for us to give them directly As the people of this Nation and the Public school teachers today must the tools they need to fight crime on Congress prepare to do battle over now serve not only as teachers, but as the streets. whether and how to restructure our na- counselors and referees, while also And almost 8-years later we are here tional health care system, let us not fearing for their own safety. virtually thumbing our noses at them forget two important facts. What is before us therefore is the fact and doing so in the same week that vi- First, the medical costs associated that both approaches—both the Demo- olence on the streets has reached a with gun violence in 1992 have been es- cratic bill and the Republican bill, the dangerous new level. The real issue be- timated at approximately $3 billion. 1994 crime bill and the 1995 appropria- fore the Senate is not which formula Second, average charges for a young tion—both of these efforts are woe- we should adopt. Yes, there are real gunshot patient in 1991 equaled the fully, shamefully inadequate. differences. The formula of the Repub- cost of a year of tuition, room and We are like doctors who discover, at lican bill allows much more discretion board at a private college—about long last, that our patient has cancer; to State Governors, as to how the $14,000. and we are prescribing aspirin. money will be spent. Last year we re- Mr. President, crime and violence Just as to police: the President told quired that the money go directly to have reached into every part of our us, and he is correct, that we now have police departments, because we know daily lives and that of our children. No one-tenth the effective police strength the sorry history of police funding. American, no matter what age, has es- of 30 years ago. Did he ask us for ten From 1971 to 1990, as the country was caped its wrath and its impact on edu- times the police, to return us to the literally drowning in a tidal wave of cation has been so severe that 10 per- levels of security we once knew? No. He crime, and still is, our Governors and cent or more of the Nation’s largest did not suggest 5 million new police. He mayors and legislatures—indeed the school districts have installed metal did not ask us for 1 million. He did not entire political structure—engaged in a detectors this year than last year. As ask us to, and we did, even double the policy of unilateral disarmament. shocking as this has become, even police we now have. From 1971 to 1990, in the midst of this more alarming is why so many schools He asked us, we will remember, for crime wave, we increased spending on have been forced to do this. funds to add perhaps 30,000 new police. lawyers and public defenders by over First, about 11 percent of all crimes We, in the Senate, last year, Demo- 200 percent. We increased prison spend- occur each year in America’s 85,000 crats and Republicans, joined to in- ing by 156 percent. We increased spend- public schools. crease the number to a possible 100,000. ing on State and local police by all of Second, it is estimated that one in 20 But we did not by that act begin to 12 percent. students bring a gun to school at least solve the problem, or meet the needs of So in last year’s bill, we said, we are once a month. the country. going to give control over this money, Third, it has been said that more What do we need? The American peo- this relative pittance of Federal fund- than 200,000 students pack weapons ple are already paying, out of their own ing, directly from the Federal Govern- along with their lunches because of pockets, for about 1.5 million private ment to the cops who need it. We said, fear of violence in, or on the way to police—three times the number of po- ‘‘We are going to require that the school. lice paid for by taxes, on public pay- money be spent on police.’’ Finally, according to the National rolls. They are not available to work Now the new majority wants to take School Safety Center, nearly 3 million where the real problems are. They are all the Federal money, and give it back crimes are committed in or near a not trained to work the mean streets

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18155 where crime and criminal activity What is that purpose? The purpose is $7 in savings is accrued. There are now breed. They protect only enclaves. Is really to show that a police force in a evaluations coming out of drug courts. that to be our strategy, as in the Viet- crime-troubled area with trained com- We are finding—surprise of all kinds— nam of long ago—to protect only the munity police officers who know the they are working. ‘‘An Evaluation of enclaves of the comfortable, and busi- communities and know the difference the Oakland Drug Court After Three ness, and leave the rest of our own fel- between the bad guys and the good Years,’’ by Judge Jeffrey Tauber of the low citizens alone and unprotected? guys are going to be more effective in Oakland-Piedmont-Emeryville Munic- In Vietnam, I saw a lot of wonderful making good arrests and, secondly, in ipal Court, found the following results, men give their lives for this country: retarding crime in that area. which I quote: not for some abstraction, not for a To date, the crime bill has targeted The data collected supports the conclusion piece of colored cloth. But for their about $8.4 billion directly to States and that the imposition of an immediate and in- families, and for their fellows, and for localities. tensive supervision and treatment program the children that too many of them This program, as I said, is working. substantially reduces the rate of felony re- never lived to see. Are we keeping faith According to the Department of Jus- cidivism during a 3-year period following ar- with them? Are we protecting their tice, California has received sufficient raignment. It is estimated that there were 44 children and grandchildren today? Are funding to support the hiring or rede- percent fewer felony arrests— we doing our duty to preserve the ployment of 3,900 police officers from That is 582 fewer felony arrests— country for which they, as so many be- the crime bill COPS program. This is for offenders in what is called the FIRST fore them in the history of the Nation, not pork. This is beef. These funds have Program—fast, intensive, report, supervision gave the last full measure of devotion? gone to the larger and most troubled and treatment—than under the previous pro- gram. So let us vote these funds today. But crime-plagued cities: Los Angeles, San let us understand that this bill is less Jose, San Francisco, San Diego, and, California is expected to receive an than a beginning, less than a start. It most recently, Oakland. estimated $119 million for drug courts, is my understanding that there will be As a matter of fact, beginning in or enough for about 59,500 offenders offered, later this year, a new sub- March of next year, the Los Angeles over the next 6 years. By eliminating stantive crime bill. At that time I in- Police Academy will be graduating 100 this program, this bill will deprive tend to offer amendments that will officers a month for 6 months, funded States of a tough program to get and substantially increase authorized through the community policing as- keep nonviolent offenders off drugs and spending assistance to State and local pects of this bill. to unclog our courts of violators who law enforcement, and to perhaps begin Additionally, community policing would otherwise walk. the debate we should have had long be- funds have gone to smaller California Another problem I have with the bill fore this time. cities—Selma, Victorville, Santa Cruz, is the cuts in the Commerce programs. Mr. HOLLINGS addressed the Chair. Ojai, and Millbrae. I come from a State where 1.2 million The PRESIDING OFFICER. The Sen- It is no coincidence, then, that the people are out of work. The unemploy- ator from South Carolina. ment rate currently exceeds 7.8 per- Mr. HOLLINGS. Let me thank the crime rate in California’s biggest cities dropped by 7 percent during the first 6 cent. It exceeds the national rate by 2 distinguished Senator. points. This bill cuts EDA, which is the I now will yield 10 minutes to the dis- months of this year, compared to the last remaining economic tool provided tinguished Senator from California. same period last year, with double- The PRESIDING OFFICER. The dis- digit decreases—double digit, that is by the Federal Government since pro- tinguished Senator from California is more than 10 percent—in homicide, in grams were developed in the 1970’s to recognized. rape and in robbery. help cities. Mrs. FEINSTEIN. Mr. President, I California’s Attorney General, Dan The program that is cut targets the thank the Senator. Lungren—a Republican, by the way— defense conversion support. In my I think what is one man’s pork is an- credited the intensified use of commu- State, to cut defense conversion and its other person’s beef. I remember on the nity-oriented policing by local police ability is to put people out of work, floor of this body, when the crime bill departments for this drop in crime. At- plain and simple. was first considered, the wonderful torney General Lungren said of com- The bill also eliminates funding for porker that the Senator from New munity-oriented policing, and I quote: the Advanced Technology Program York had drawn on a chart and had be- ‘‘It should be utilized in every part of which assists firms with new tech- fore this body. The contention was that the State.’’ nology to provide new breakthrough the crime bill, and this particular as- I could not agree more. products and processes. One of the pect of it, was a porker. So the COPS Program is working. ‘‘If things that California was assured, I want to say, it has turned out to be it ain’t broke, don’t fix it.’’ It is put- having gone through more than 30 base the beef of the crime bill. There is no ting cops on the streets. It is reducing closures, with between 500,000 and 1 question in my mind that the commu- crime. million people who have lost their jobs nity policing part of the crime bill is Second, my other concern with this so far because of defense downsizing, is the most popular part of the crime bill bill is the drug courts. In America, we that there would be an adequate pro- out there. constantly have the debate: Do you gram of defense conversion to help in- ‘‘If it isn’t broke, don’t fix it.’’ The fight drugs on the supply side or do you dustries convert into nondefense pur- fact of the matter is, in my State, fight them on the demand side? I know, suits. And now we find that these funds crime rates are going down in all of the as a mayor for 9 years, that you have will be cut off by this bill as well. It is jurisdictions because of the community to do both and you have to do it well. unfortunate. policing aspect of this bill. America has never fought drugs equal- Let me conclude by saying, commu- So I am very disappointed—there are ly on the supply side and the demand nity police have reduced crime. Com- good things in this bill—but I am very side. munity policing works. The crime bill disappointed by the fact that we take This crime bill was the first time has worked. It is not pork; it is where the discretionary aspect out of the that more moneys were put in for pre- the beef is. community policing bill, make it a vention and for rehabilitation to al- I thank the Chair. I yield the floor, block grant program, give it to the most equal the amount for interdiction and I yield back the remainder of my local jurisdictions, but enable those and enforcement. Drug courts were a time. local jurisdictions to use it for what- relatively new aspect. The PRESIDING OFFICER. The Sen- ever they want to use it. They can use About $1 billion dedicated to drug ator from New Hampshire is recog- it for new squad cars. They can use it court programs over the next 6 years is nized. for some aspects, I gather, of police eliminated in this conference report. Mr. GREGG. Mr. President, before I stations. They can use it for desk ser- That is a mistake. A study by the Cali- yield time, I do think that a number of geants, if they want to. That defeats fornia Department of Alcohol and Drug comments that have just been made the purpose of the community policing Programs found that for every $1 spent both by the Senator from Massachu- aspect of this bill. on treatment for alcohol or drug abuse, setts and the Senator from California

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18156 CONGRESSIONAL RECORD — SENATE December 7, 1995 deserve a quick response, because I do on high to the State and local commu- The President complains that police not believe that they accurately char- nities comes from their own pockets. It are outgunned by criminals, but under acterize the bill. is not free money. I have often won- the COPS Program, localities are pro- It was ironic, in fact, that the Sen- dered how we got into a situation in hibited from spending grants on guns ator from Delaware came down here this country where folks down where I and ammunition, equipment, tech- and excoriated us for approximately an grew up, in Lawrenceburg, TN, will get nology, training, or other purposes hour and a half on the attitude this bill in their car and drive by the court- that actually correspond to the needs takes, specifically citing one of the house, to Nashville, past the State cap- of the citizens where the police will ac- programs, which is prison construc- ital, and go out to the airport to get on tually serve. The District of Columbia, tion, where we have created the possi- a plane to fly to Washington, DC, and with an enormous crime problem, re- bility of States to obtain approxi- talk to me about how many cops they fused to apply for a COPS grant be- mately $0.5 billion in prison construc- ought to have in Lawrenceburg. That is cause the police chief says that the tion for illegal aliens. the situation we have gotten to in this District has all the police it needs. This was not done to benefit my country. What it lacks is appropriate tech- State. My State does not have a whole While I do not think the conference nology and equipment. If the Federal lot of illegal aliens running around. report is the ultimate solution to this, Government does not even know what This was done to benefit the State of I think more and more money ought to is best for Washington, DC, how can it California, the State of Texas, the be left in the pockets of the people on know what is best for communities State of Florida, and it was done at the the local level and let them solve the around the rest of the country? expense, as was pointed out most viv- problems. It is certainly better than Of course, the monetary rules are the idly by the Senator from Delaware, at any alternative we have. COPS Program’s worst infringement on the expense of some of the smaller The conference reports reflects what State’s rights. COPS funds officers at States, of which I happen to be a rep- those of us who are new to this body $25,000, but the Justice Department’s resentative. were elected to do. Its provisions re- own figures show that the average po- So I find a certain irony when the flect the reality that there is not al- lice officer costs $50,000. When a local- Senator from California comes down ways a Washington-based solution to ity receives a COPS grant, it is also re- and attacks this bill on the basis that every problem. The Constitution limits ceiving a Federal order to spend an- it is not doing enough. I find equal the power of the Federal Government. other $25,000 that the community irony when the Senator from Massa- Crimes, traditionally, in this country might wish to spend on other law en- chusetts comes to the floor and says we are not a national problem, with excep- forcement functions, or even other de- are not spending enough money, when tions, but it is primarily a State and sirable local functions, or even tax re- this bill increases the spending in the local problem. By eliminating the lief. crime area by 19 percent. To do that, it COPS Program, the conference report Sunnyvale, CA, which the Clinton ad- had to take the money from the State respects the proper role of the States ministration hailed in its Reinventing Department and the Commerce Depart- and the people under our constitu- Government campaign, returned its ment because we were assigned a cer- tional system. COPS grant because it was required to tain allocation. The COPS Program shows insuffi- spend an enormous amount of its own So if the Senator from Massachu- cient respect for our system of fed- money and to comply with numerous setts, or other Senators, wish to attack eralism. With the COPS Program, citi- Federal strings as a condition of Fed- the nature of this bill and the amount zens of States and localities are taxed eral funding. of money being spent on crime preven- by the Federal Government. The tax Moreover, the COPS Program is po- tion in this bill, which happens to be a money is returned to the States, minus litical. Applicants are required to indi- 19-percent increase—a substantial in- the cost of a Federal bureaucracy, and cate the locality’s congressional dis- crease considering the present cli- with the addition of many strings on trict. The COPS office is duplicative. mate—I believe they should tell us their own money. The Justice Departments’s Bureau of where they want to take more money The formula for allocating the money Justice Assistance career civil servants from—from Commerce or the State De- is peculiar. COPS funds go to commu- already dispensed law enforcement partment? nities without regard to their crime grants to State and localities. By con- On the issue of the drug courts, the rate. The COPS office knowingly gave trast, COPS funds are allocated by po- fact is that under the block grant pro- $75,000 to one town for the police chief litical appointees in a separate office. posal, drug courts are not eliminated. to leave the office for the street, sup- That office has a budget of $28 million, They are an available option for any posedly. He wound up reading stories much more than the $16.3 million of State that decides to expand and use to second graders. How does that serve COPS grants that Tennessee has re- drug courts. It is very much available any Federal purpose? Two officers were ceived, for example. under that block grant. sent to a low-crime Chicago suburb, By contrast, the conference report There are other points on which I whereas a poor Chicago suburb, whose replaces the COPS Program with block will probably have to reserve my right crime rate tripled, received only one grants. Local officials will best deter- to put a written statement in the simply because it had fewer officers mine how to meet local needs, without RECORD. than the wealthier suburb. the interference, or even the existence I now yield 7 minutes to the Senator The strings on localities make even of a Federal bureaucracy. It would from Tennessee, Senator THOMPSON. less sense, Mr. President. The money have been better if the conference re- The PRESIDING OFFICER. The Sen- can be spent only on putting police on port had gone further, in my opinion— ator from Tennessee is recognized. the street. Rural areas may not find eliminating block grants and simply Mr. THOMPSON. Mr. President, I community policing appropriate to letting localities make their own law thank the Senator from New Hamp- their sparse population, but with the enforcement decisions, and leaving the shire, who makes some very valid COPS Program, that is the only option. money there for them to do it with. points. One of them, essentially, is that It is said on the floor of this Chamber Then, municipalities would be respon- it focuses on the crucial issue here, and that, my goodness, they might spend it sible for decisions made, and we would that is whether or not law enforcement on police cars, equipment, or do some- have a little bit more accountability in is a State and local function still, as it thing else with the money. our governing process. When multiple has always been in this country, or My question to that is: What is the layers of Government are involved with whether or not, basically, it is a mat- problem? Have we in this body street crime, each level can pass the ter for the Federal Government to at- achieved such expertise on the details buck to another, and the citizenry will tend to, given the Federal Govern- of law enforcement in the small com- not know who to hold accountable. ment’s wonderful track record in solv- munities across the Nation that we are The differences between Congress and ing these problems historically. in a position of supplanting our judg- President Clinton are clear. President I think people realize, ultimately, ment for the people whose responsi- Clinton may well veto the conference that this money that flows down from bility it is? report over the COPS Program. He may

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18157 feel he wants to take a stand on some- conference report and felt it necessary COMMERCE-JUSTICE SUBCOMMITTEE, SPENDING thing. If he wants to take a stand for a to remain at the House funding level. TOTALS—CONFERENCE REPORT—Continued Federal, bureaucratic, inefficient, and However, it is highly likely that the [Fiscal year 1996, in millions of dollars] inflexible program, so be it. The con- President will veto this bill. When we ference report’s approach is local, flexi- revisit this issue, I and a number of my Budget au- thority Outlays ble, and efficient. In fact, it is so effi- colleagues will insist on a higher fund- cient, Tennessee will not only receive ing level. Subtotal nondefense discretionary ...... 22,659 23,738 more than twice as much money under This bill retains the Legal Services Corporation but significantly restruc- Violent crime reduction trust fund: this approach than under the COPS Outlays from prior-year BA and other ac- Program, but it will not have to com- tures its activities. I believe the Cor- tions completed ...... 826 poration should withstand scrutiny H.R. 2076, conference report ...... 3,956 1,286 ply with the whims that come from Scorekeeping adjustment ...... out-of-touch bureaucrats. I am sure from even its harshest critics. Tough new restrictions on the uses of LSC and Subtotal violent crime reduction trust many other States will find themselves fund ...... 3,956 2,112 in the same position. Therefore, I rise non-LSC funds are in place and en- forceable through the independent of- in support of the conference report. Mandatory: I yield back any time I may have re- fice of the inspector general, rather Outlays from prior-year BA and other ac- than through the Corporation itself. tions completed ...... 2 20 maining. The funds will be targeted toward H.R. 2076, conference report ...... 503 480 Mr. GREGG. Mr. President, I yield 5 Adjustment to conform mandatory pro- basic legal services for low income in- grams with budget resolution assump- minutes to the Senator from New Mex- dividuals ensuring equal access to jus- tions ...... 27 25 ico. The PRESIDING OFFICER. The Sen- tice. Within 6 months, the Corporation Subtotal mandatory ...... 532 525 ator from New Mexico is recognized for will be out of the more controversial business activities that have brought Senate subcommittee 602(b) allocation: 5 minutes. Defense discretionary ...... 151 218 Mr. DOMENICI. Mr. President, I rise so much criticism in the past. Nondefense discretionary ...... 22,659 23,739 Finally, I note that the conferees Violent crime reduction trust fund ...... 3,956 2,113 in support of the conference agreement have continued bipartisan support for Mandatory ...... 532 525 accompanying H.R. 2076, the Com- the Fulbright Exchange Program rec- Total allocation ...... 27,298 26,595 merce-Justice-State appropriations bill ommending $102.5 million to continue for fiscal year 1996. the program in fiscal year 1996. Adjusted bill total compared to Senate sub- The conference agreement provides committee 602(b) allocation: Since the Fulbright Program was Defense discretionary ...... ¥1 $27.3 billion in budget authority and signed into law in 1946, nearly 230,000 Nondefense discretionary ...... ¥0 ¥1 $19.1 billion in new outlays for the pro- Fulbright grants have been awarded to Violent crime reduction trust fund ...... ¥0 ¥1 Mandatory ...... grams of the Departments of Com- U.S. citizens and to nationals of 150 merce, Justice, State, the judiciary, other countries. These scholars go Total allocation ...... ¥27,298 ¥26,595 and related agencies. abroad to study, teach, or conduct re- Note.—Details may not add to totals due to rounding. Totals adjusted for When adjustments are made for search and foreign nationals come to consistency with current scorekeeping conventions. prior-year outlays and other completed the United States for the same pur- Mr. DOMENICI. Mr. President, let me actions, the bill as adjusted totals $27.3 pose. billion in budget authority and $26.6 For every $100 the U.S. Government suggest that in times when we do not billion in outlays. spends on Fulbright exchanges, the have all the money in the world, the Under very difficult funding Fulbright Program attracts $44 from appropriation process, in my humble contraints, this is a bill that honestly foreign governments and from in-kind opinion, has a very, very specific job to and straightforwardly sets forth fund- support and private contributions both do and that is to prioritize where the ing priorities while staying within the here and abroad attesting to its inter- money will be spent. If there is not subcommittee’s revised 602(b) alloca- national stature. enough money for what everybody tion. The final bill is less than $1 mil- Non-U.S. Government support for the wants in a bill, then it is the responsi- lion in budget authority and $2.4 mil- Fulbright Program increased by 20 per- bility of those who lead the committee lion in outlays below the revised 602(b) cent from 1993 to 1994 alone, a strong to look at the spectrum of things they allocation. indication of the program’s prestige are supposed to be considering and say, I commend the new chairman of the throughout the world. subcommitee, Senator GREGG, for the I am pleased that the Congress will ‘‘Which are most important?’’ fine job he did in conference on this support the Fulbright Program in its Frankly, under our new chairman, bill. This bill provides dramatic in- 50th anniversary year. Senator JUDD GREGG, ably assisted by creases in our front-line law enforce- I urge my colleagues to support the the ranking member, Senator HOL- ment and the Border Patrol as well as conference agreement. LINGS, who has chaired this sub- Mr. President, I ask unanimous con- increased flexibility for States in de- committee before, they have done just veloping their crime fighting strategy sent that a table showing the Budget Committee scoring of the conference that, as it pertains to the No. 1 issue in through the new State and local law the United States of America: crime. enforcement assistance block grant. A report accompanying the Commerce, total of $1.9 billion will be provided to Justice, State, and the judiciary appro- If you ask the American people what States and local governments for the priations bill be printed in the RECORD they would want us to spend their hiring and equipping of law enforce- at this point. taxes on in this bill, they would say ment personnel, updated technology, There being no objection, the mate- pay for crime prevention, and U.S. at- and crime prevention programs. rial was ordered to be printed in the torneys who are prosecuting, and for There are a few items for which I RECORD, as follows: prisons that are holding prisoners, and would like to express particular appre- COMMERCE-JUSTICE SUBCOMMITTEE, SPENDING for U.S. marshals who make sure they ciation to the distinguished chairman TOTALS—CONFERENCE REPORT are taken into custody, and pay for and ranking member of the sub- [Fiscal year 1996, in millions of dollars] FBI and DEA, and, lo and behold, add committee. One is the $4 million pro- to that the entire Department of Jus- vided for the Women’s Outreach Pro- Budget au- tice criminal apparatus. Funding for thority Outlays gram under the Small Business Admin- these kinds of programs went up 19.2 istration, another is the flexibility for Defense discretionary: percent. States to fund drug court programs Outlays from prior-year BA and other ac- tions completed ...... 92 Frankly, I come to the floor to con- under the law enforcement block grant, H.R. 2076, conference report ...... 151 125 and lastly, the agreement to preserve Scorekeeping adjustment ...... gratulate the chairman and ranking the Legal Services Corporation. Subtotal defense discretionary ...... 151 217 member for that. They have added one With regard to the Legal Services other area that definitely needs im- Nondefense discretionary: provement, because if you ask Ameri- Corporation, I must say that I am not Outlays from prior-year BA and other ac- pleased with the final funding agree- tions completed ...... 6,561 cans what else they are very worried H.R. 2076, conference report ...... 22,659 17,177 ment of $278 million. I realize the Scorekeeping adjustment ...... about, they will say, ‘‘Illegal immigra- House was concerned about passing the tion.’’ They will say ‘‘our borders are

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18158 CONGRESSIONAL RECORD — SENATE December 7, 1995 not our borders any more. They are with Vietnam I hope it is my last. Un- the Foreign Relations Committee, the sieves,’’ and they will say, ‘‘What can fortunately, I have been given one chairman of the Armed Services Com- you do to improve it?’’ more opportunity. mittee, the chairman of the Asian/Pa- In this bill, in a dramatic way, we The bill before us conditions funds in cific Subcommittee, the chairman of have increased the Immigration and an unacceptable manner for expanding the International Operations Sub- Naturalization Service, the INS. The diplomatic relations with Vietnam on committee, as well as the House chair- American people would vote ‘‘aye’’ for our efforts to gain the fullest possible man of the International Relations that. They would say yes. accounting of American servicemen. Committee and the National Security Frankly, there are a lot of other The President has made clear in his Subcommittee on Military Personnel. things in this bill that are secondary. statement of policy on this bill that he Moreover, four of our major national If we had all the money in the world we will veto it. Among the reasons he list- veterans organizations—the American ought to fund them. I want to lodge a ed for doing so is his objection to this Legion, the Disabled American Vet- complaint and a concern because we particular provision. erans, AMVETS, and Vietnam Vet- did not have enough money, but if we This being the case, I will not take a erans of America—support this lan- ever get back to the table and are pro- long time to discuss the issue. But I do guage, in addition to the National ducing another bill, I am a strong ad- want to point out one simple fact: The League of POW/MIA Families and the vocate of giving legal services to poor President of the United States has nor- National Alliance of POW/MIA Fami- people who need a lawyer. I am not an malized diplomatic relations with Viet- lies. In short, there is broad support for advocate of Legal Services taking on nam. That is a fact. The Senate has this provision, notwithstanding the re- all kinds of causes. I want them to pay managed to at least grasp this reality. marks by the Senator from Arizona. for individual poor Americans who are Just over 2 months ago it supported The fact is, Mr. President, that all being sued or have a lawsuit, so they the President’s decision by voting Congress has asked for from the Presi- have access to a lawyer. against an amendment prohibiting nor- dent in this provision is his assurance I believe Democrats and Republicans mal economic relations with Vietnam. that Vietnam is fully cooperating on alike ought to be for that. This bill As for the other body, the language the President’s own established cri- contains prohibitions against the Legal which has made Vietnam an issue in teria for measuring progress by Viet- Services Corporation that they can live this bill at all was approved without a nam on the POW/MIA issue. Let me re- with and still provide services for the recorded vote. peat, so there can be no misunder- poor. It does not have enough money Mr. President, to state the obvious, standing: all the Senate and House con- but there is not enough to continue the President must have the authority ferees have asked for is the President’s providing the most critical services. to conduct our foreign relations. assurance that Vietnam is fully cooper- This bill may not see the light of Whether I agree or disagree with the ating on the President’s own estab- day. It may be vetoed. Who knows President of the United States—in this lished criteria for measuring progress what the budget negotiations might case I happen to agree—I know that by Vietnam on the POW/MIA issue. If bring? I came to the floor to say I be- elections have consequences. For bet- Vietnam is not fully cooperating, then lieve we are about $60 million below ter or for worse, President Clinton was I would think most of my colleagues the Senate-passed level for Legal Serv- elected to conduct our Nation’s foreign would agree that perhaps we need to ices, and I hope at some point we can policy. take a closer look at the administra- make that up. He is the President of the United tion’s policy toward Hanoi and whether I close these remarks once again by States and he has decided it is time to it is working. If the President says saying if ever there was a sub- move forward in our relationship with Hanoi is fully cooperating, then it is committee that saw what America Vietnam. Again, this is a fact. full steam ahead with Vietnam rela- truly needs from its Federal Govern- He will veto this bill, as is also with- tions. ment, and where our people would like in his constitutional authority, and we I am both confused and amazed that their taxes spent, this subcommittee will begin again. I hope the next time the Senator from Arizona does not like did it, because they have increased the conference committee considers the term fully cooperating. All year every legitimate bona fide area of the issue of United States-Vietnam re- long we have heard rhetoric praising crime prevention that the U.S. Govern- lations it will dispose of it in a manner Vietnam’s cooperation on the POW/ ment is in by a significant amount. I that allows us to put the issue behind MIA issue from the administration and laud them for it. I hope we can eventu- us. certain Members of the Senate using ally get this new money into these pro- I yield the floor. every adjective in the book—words like grams and these activities. Mr. SMITH. Mr. President, I rise to ‘‘superb,’’ ‘‘splendid,’’ ‘‘unprece- I yield the floor. strongly support the compromise lan- dented,’’ ‘‘undiminished,’’ ‘‘great,’’ Mr. GREGG. First, I wish to thank guage that was worked out by the ‘‘outstanding’’—that is what we’ve the Senator from New Mexico for his House and Senate conferees with re- been told, Mr. President. But now, generous comments. I yield 5 minutes spect to an expansion of our diplomatic when we ask the administration to put to the Senator from Arizona. presence in Communist Vietnam. I also their assurances in writing, with words The PRESIDING OFFICER (Mr. take vigorous exception to the remarks that have real meaning, some people up THOMPSON). The Senator from Arizona. made by the Senator from Arizona, here get nervous and we see the kind of Mr. MCCAIN. I congratulate the au- Senator MCCAIN, in opposition to the statement we heard earlier. Ironically, thors for an excellent piece of legisla- work done by the conferees. I would I think the remarks made earlier may tion. I come to the floor quite often say to my friend from Arizona that cause the American people to wonder complaining about wasteful spending this language is so reasonable, that whether they have been deliberately earmarks and other pork barrel there is no way the House is going to misled by the President in order to projects and find this legislation large- back down on it, and I intend to use allow the normalization of full tax- ly devoid of that. I want to express my every means at my disposal to prevent payer-funded relations with Com- appreciation to both the Senator from any weakening of the approved lan- munist Vietnam. I find it very trou- South Carolina and the Senator from guage. Moreover, while I respect the bling that my friend is raising a red New Hampshire. I hope we can con- Senator from Arizona’s right to raise flag on such a reasonable provision. tinue that practice and indeed expand his objections, I must say that I am ex- Mr. President, should the Senator it. I have seen it in 2 of the 13 appro- tremely disappointed that he would from Arizona or any other Senator priations bills, and I hope that we will make such a statement with respect to want an extended debate on this issue, be able to continue to make progress in this specific provision on Vietnam I would put them on notice right now that area. worked out by the conferees. that they will get such a debate from Mr. President, the reason why I came I would note that, in addition to a this Senator if they try to weaken this to the floor, and I will not use my full majority of the House-Senate con- language in the coming days. time, is that every time I come to the ferees, this provision is supported by The reason many of the wounds from floor to talk about our relationship the majority leader, the chairman of the Vietnam war have yet to heal has

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18159 to do with things like honesty, com- 2 years of hearings, and we were trying served on that Hoover Commission mitment, and priorities. That is what our dead-level best to get America back in 1953 and 1954, investigating the this debate will be about, because that back on top of its own technology in intelligence activities. is what the House and Senate conferees the context of yes, we were leading in I have, again, the same reverence he are seeking from the administration the research but never in the develop- has for former President Herbert Hoo- with the certification on POW/MIA co- ment. ver. He is the one who, incidentally, operation in this bill. Specifically, down in Houston on the started the telecommunications bill Mr. President, I ask unanimous con- superconductor we had Nobel Prize that we are trying to conference. It had sent that a copy of the referenced pro- winners there, but the competitor, a very interesting beginning, that par- vision on Vietnam be printed in the Japan, orchestrated some 22 entities ticular program, you might say, in law. RECORD immediately following my re- and markets and wins and profits. We It was back in 1912, at the sinking of marks in order that my colleagues may win the prizes. They win the profits. the Titanic, whereby David Sarnoff, see how reasonable a provision it really We wanted to get on top of that par- working in the store Wannamakers, in is. I yield the floor. ticular problem and with the advance Philadelphia, selling wireless sets, There being no objection, the mate- technology program whereby they pick went up on the roof and contacted sur- rial was ordered to be printed in the the winner—not the Government—and vivors and nearby ships in the rescue RECORD, as follows: it is picked by them coming with at and orchestrated the rescue effort. He BILL LANGUAGE AGREED TO ON NOV. 27, 1995, least 50 percent of the funds and there- stayed up there 3 days and nights. The BY THE HOUSE-SENATE CONFERENCE ON H.R. after reviewed, peer reviewed by the crowds gathered below. 2076, THE COMMERCE/JUSTICE/STATE AND THE National Academy of Engineering, that But, thereafter, then everybody JUDICIARY APPROPRIATIONS BILL FOR FIS- the award is made. wanted a wireless, and, by 1924, under CAL YEAR 1996: It is has worked very successfully. Secretary Hoover, the industry asked SEC. 609. LIMITATION ON THE USE OF FUNDS The industry, particularly the elec- to be regulated. They had jammed the FOR DIPLOMATIC FACILITIES IN VIETNAM.— tronics industry, the computer indus- airwaves and you could not reach any- None of the funds appropriated or otherwise try and otherwise, came to us and the made available by this Act may be obligated one. They said, ‘‘For Heaven’s sakes, or expended to pay for any cost incurred for: Council on Competitiveness under we need the National Government to (1) opening or operating any United States President Bush, John Young of Hew- come and regulate us.’’ diplomatic or consular post in the Socialist lett-Packard testified on behalf of this So, those who are now running Republic of Vietnam that was not operating program. around, deregulate, deregulate—we on July 11, 1995; I dovetailed the program, having want to. We want to catch up the law (2) expanding any United States diplomatic chaired the hearings otherwise on the with the technology, which is far ahead or consular post in the Socialist Republic of trade bill back in 1988. It was not in the Vietnam that was operating on July 11, 1995; of us here in the Congress. But, in so budget. Thereafter, President Bush did doing, we want to make certain it is or pick up and submit a request for it. (3) increasing the total number of per- done on a competitive basis rather Now, over on the House side they sonnel assigned to United States diplomatic than a noncompetitive basis. We do not have the bit in the teeth relative to or consular posts in the Socialist Republic of want to extend the monopoly. winners and losers, industrial policy, Vietnam above the levels existing on July 11, So, that being the case, I retain the all kinds of nonsensical pollster slo- 1995, remainder of my time. gans—are you for the Washington Gov- unless the President certifies within 60 days, Mr. SARBANES. Mr. President, I rise based upon all information available to the ernment picking winners and losers? U.S. Government, that the Government of You hear some of that, and of course today in strong opposition to the con- the Socialist Republic of Vietnam is fully co- carried to its logical conclusion about ference report on the Commerce, Jus- operating with the United States in the fol- the best government is the least gov- tice, and the State Department appro- lowing four areas: ernment, and we do not have to wait priations bill for fiscal 1996. (1) resolving discrepancy cases, live- While this agreement is an improve- sightings, and field activities, for Washington. Just do away with the county and State government and let ment in some respects over the bill (2) recovering and repatriating American that passed the Senate earlier this remains, the township operate and forget about (3) accelerating efforts to provide docu- Washington, too. fall—most notably in the funding for ments that will help lead to the fullest pos- These are good arguments on the the Economic Development Adminis- sible accounting of POW/MIA’s, campaign trail but the fact of the mat- tration—it still fails to provide ade- (4) providing further assistance in imple- ter is we have an ongoing program that quately for many programs which are menting trilateral investigations with Laos. should never be abolished, to maintain absolutely essential to promoting eco- Mr. HOLLINGS. Mr. President, mo- the development, not just the research, nomic and business development, in- mentarily the Senator from Delaware, but the development of our technology. vesting in research and development who I understand has substantial time At the end of World War II we had 50 and protecting American consumers. left, will come to the floor. percent of the work force in America in I want to underscore some of the Let me agree with my distinguished manufacturing; 10 years ago it was most egregious provisions in this con- chairman relative to the Immigration down to 26 percent; today, it is 13 per- ference agreement. and Naturalization Service whereby we cent. First, this bill proposes to eliminate cut not only New Hampshire, we cut I used to go to the factories in New the President’s Community Policing the State of South Carolina and other Hampshire campaigning. Program, one of the most successful small States to the tune of $500 mil- There are very few factories left in and popular anticrime initiatives ever lion—half a billion bucks out of the New Hampshire. I can find up on the enacted. Communities throughout the prison fund, out of prison construction, highway, 128, I think it is, going up Nation have already benefited enor- so that we could set up this imprison- from Nashua to Boston, Wang and mously from the Federal resources ment of immigration violators in the some of the others, Wheeler, Beta, made available under this program. States of California, Texas, Florida, Frye—oh, I had a good time. There are today over 25,000 new police and otherwise. I mentioned earlier, the Governor of officers on the street battling violence So there should not be any criticism North Carolina, there, after Secretary and drug-related crime. In my own on that score. There should be thanks of Commerce Hodges, he had been the State of Maryland, 365 new officers are to the Senator from New Hampshire national president of the Rotary, and on the beat in urban and rural commu- and the committee that has done its his widow, now a resident of your home nities creating a new sense of security work in that particular regard. State, made sure I was introduced to and adding to the quality of life for all Otherwise, Mr. President, let me em- all Rotary Clubs up there. It was a tre- of our residents. The conference agree- phasize one more time the advance mendous pleasure. Otherwise, when re- ment’s proposal to replace this pro- technology program while I have a few ferred to on the Hoover Commission by gram with a block grant program minutes. We started that in our Com- our distinguished full chairman, Sen- would defeat the entire premise of merce Committee after a series of over ator HATFIELD of Oregon—yes, we community policing by shifting money

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18160 CONGRESSIONAL RECORD — SENATE December 7, 1995 away from providing new police offi- cess to the American legal system and at well under that. But to do so, it may have cers to communities in need. Lumping the protection it affords the many to rely on various sampling techniques that COPS grants in with other law enforce- basic rights we enjoy in this country. many Republicans are leery of. Some of the Maryland’s Legal Aid Bureau, which biggest costs the census faces are in going ment and prevention programs would back and finding those who do not reply to instead allow States to use the money receives by far the largest portion of the census form. Sampling would cut those for numerous other intentions ranging its total funding from the Legal Serv- costs. So a key question is whether Congress from prosecutors to housing code in- ices Corporation, has done an out- is willing to accept sampling methods in the spectors. standing job of representing Maryland interest of saving money. If the savings came Second, the conference agreement citizens living in poverty. With the instead from less intensive efforts to find has proposed to significantly reduce funding received from LSC, the 13 legal those who do not answer the census initial funding in important programs and query—many of them are poorer than aver- aid offices located throughout Mary- age, members of minority groups, immi- laboratory upgrades for the National land provide general legal services to grants and city dwellers—the biases that al- Institute of Standards and Technology. approximately 19,000 families and indi- ready creep into the data would deepen. I would zero out the Advanced Tech- viduals annually, assisting Maryland- Many in Congress suggest that costs could nology Program which assists busi- ers in such routine legal matters as be cut and response rates improved if the nesses large and small in developing consumer problems, housing issues, do- census shortened the questionnaire of its high-risk/high-impact technologies for ‘‘long form,’’ which goes to about one Amer- mestic and family cases, and applying ican in six. A shorter long form would save the 21st century. The ATP is fast be- for and appealing the denial of public some money, but at the cost of data lost to coming a key mechanism accelerating benefits. government, business and researchers of all the pace of commercial technology de- I am very concerned that the signifi- kinds. If ever there was a place for one of velopment. In its first 5 years of oper- cant reduction in funding in this con- those cost-benefit analyses the new Congress ation, ATP has already shown tremen- ference report for legal services would seems so fond of, this is it. dous potential for enhancing economic seriously impair the ability of legal For the next fiscal year, the Clinton ad- ministration had asked for $193.5 million for growth—especially during this time of services organizations like Maryland the census, and the Senate went right along. intensifying investor pressure to cut Legal Aid to provide these vital serv- But the House appropriated only $135 mil- costs and spend limited research funds. ices. lion. The conference committee has settled Even though ATP is relatively new, it Fourth, the conference report cuts on $150.3 million. For the short term, it’s not is already helping researchers in 38 $43 million from the administration’s clear to us that the census is the best place States. The conference agreement fiscal 1996 budget request, funding that to look for that much in savings, especially would eliminate not only future grant is absolutely essential for the Bureau since the bureau is now spending on techno- logical improvements and research designed initiatives, but also suspend funds for to gear up for the 2000 census. These to save money when the big bucks start get- projects already in progress. This pro- cuts would seriously endanger the Cen- ting spent around the year 2000. The test gram has truly been a success and sus Bureau’s ability to collect and should be whether small cuts now would risk must be continued. process periodic economic data. This larger cost increases later. Even more impor- I am also particularly concerned data is essential for businesses and pol- tant is for Congress to face up to the under- about the rescission of $75 million in icy makers to understand what is hap- lying policy issues, since the goal of a cheap- prior year unobligated balances and re- pening in the economy. A recent edi- er census could be at odds with some of Congress’s other objectives. duction of $10 million in the fiscal 1996 torial in the Washington Post under- request for the modernization of scores the importance of this funding Mr. HOLLINGS. Mr. President, the NIST’s 35-year-old laboratory facilities for the Census and I ask unanimous Senate had proposed a 20-percent cut in in Gaithersburg and Boulder, CO. With- consent that it be printed in the the budget of the International Trade Commission. The conference report re- out these funds, NIST will be unable to RECORD immediately following my proceed with its construction of the statement. stored most of the International Trade much needed Advanced Technology For these and other reasons I urge Commission’s budget. Various trade re- laboratory, the centerpiece of NIST’s my colleagues to join me in rejecting organization proposals have been ad- upgrade and construction program. As this legislation. vanced. Any attempt at trade reorga- the only Federal laboratory whose ex- There being no objection, the edi- nization must also encompass the reor- plicit mission is developing scientific torial was ordered to be printed in the ganization of the International Trade standards and providing technical sup- RECORD, as follows: Commission. It is my firm belief that the Commission flaunts the will of the port for U.S. industry’s competitive- [From the Washington Post, Dec. 7, 1995] Congress with regard to enforcement of ness objectives, NIST must have mod- COUNTING THE COST OF COUNTING ern infrastructure—the laboratories, our trade laws. Furthermore, the Com- Measured by the product created for the mission is rife with internal conflict. equipment, instrumentation, and sup- money spent, the U.S. Census Bureau is one port—in order to maintain a viable sci- of the most valuable agencies of government. At this time I ask for unanimous con- entific research program and to keep Data from the Census Bureau are vital to sent that memorandums written by the Chairman and various Commissioners our Nation on the cutting edge of business, to academia, to transportation be printed in the RECORD. Mr. Presi- science and technology as we move planners, to those who assess future housing demand and to many others. Census numbers dent, these memos speak for them- into the 21st century. are also among the country’s most impor- selves, and they speak volumes for the Third, Mr. President, I am deeply tant political numbers, determining how leg- concerned about the funding level for need to reform the ITC. islative seats are allocated and where bil- There being no objection, the mate- the Legal Services Corporation in this lions in federal dollars will go. rial was ordered to be printed in the conference agreement. The agreement The Census Bureau, like every other agen- RECORD, as follows: would provide significantly less fund- cy, is caught up in the battle for a balanced ing than provided in the Senate bill, budget. The bureau is unusual among federal WASHINGTON, DC, June 30, 1995. which would have reduced substan- agencies because its costs do not go up along MEMORANDUM tially the funding for legal services a straight line; they peak toward the end of To: The Commission. one decade and the very beginning of the from the fiscal year 1995 level of $400 From: Chairman Peter S. Watson. next, because of the bureau’s central mis- Subject: Attempted override of direction to million. sion: to conduct a national head count every issue press release re study in Inv. No. For more than two decades, the 10 years. The misfortune for the Census Bu- 332–TA–344. Legal Services Corporation has been at reau is that the cuts needed to achieve a bal- Earlier today I learned from the Director, the forefront of our efforts to give real anced budget between now and 2002 fall right Office of Public Affairs, of a purported deci- meaning to the words emblazoned in in the middle of its biggest spending years. sion by four Commissioners to override my stone above the portals of the Supreme The Census Bureau itself agrees with its direction to her to issue a press release in Court: ‘‘Equal Justice Under Law.’’ various critics that its needs to figure out the form that I had approved. how to produce better data for less money. If Section 1331, of course, provides that any The Legal Services program has pro- the census in the year 2000 were conducted of my administrative decisions ‘‘shall be sub- vided critically needed services to mil- exactly as the 1990 census was, the estimates ject to disapproval by a majority vote of all lions of poor, elderly, and disabled citi- are that its cost would grow from $2.6 billion the commissioners in office.’’ But that sec- zens who otherwise would not have ac- to $4.8 billion. The bureau wants to come in tion does require a vote. As our own General

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Counsel has advised: ‘‘While the statute WASHINGTON, DC, July 12, 1995. cerning a Commission study is not an admin- clearly provides that the Commissioners MEMORANDUM istrative decision within the Chairman’s au- shall have the right to vote on the question To: Director, Office of Public Affairs. thority under 19 U.S.C. 1331(a)(1), but rather of disapproval, it is silent with respect to From: Vice Chairman Nuzum, Janet Nuzum, a substantive matter involving external rela- tions, for which Commission approval is re- voting procedure. We know of only two ways Commissioner Rohr, Commissioner quired. In this case, a majority of Commis- in which the Commission and other collegial Newquist, and, Commissioner Bragg. sioners disapproved the press release in favor bodies vote on matters—by notational voting Subject: Press Release in Inv. No. 332–344. (e.g. action jacket) and by vote in the course We are very concerned about the events of of a revised press release. Thus, when you di- of a meeting. The Commission utilized both Friday, June 30, surrounding the issuance of rected the issuance of a press release that forms of decisionmaking at the time Con- a press release that had been disapproved by had been disapproved by a majority of the gress was considering the amendments to a majority of the Commission. You work for Commission, you acted outside of your au- section 331, and we presume that Congress the entire Commission, and may not carry thority. intended that disapproval votes could occur the instructions of a single Commissioner, Although this was not a case of an at- in either manner.’’ including the Chairman, if those instructions tempted override, you are incorrect in sug- gesting that a vote to override an adminis- The reason for such voting is to allow all conflict with the direction of a majority of trative action by the Chairman can only be Commissioners a say in any business before Commissioners. accomplished by means of an action jacket the Commission—in other words, it enforces In the future, we expect that you will take or by vote in the course of a public meeting. some minimal deliberation by the entire actions consistent with the views of the The courts have upheld various means of no- body, whether in writing or orally. Commission majority. If you encounter what you believe are unfair tactics or intimida- tational voting, including the separate ex- This advice was confirmed to me late tion by a single Commissioner attempting to pression of views to an office compiling the today by the Inspector General. I continue, thwart the will of the majority, please advise views. In this case, four Commissioners ex- therefore, to direct the issuance of the press the remaining Commissioners promptly and pressed their disapproval of the press release release as originally drafted. take no action until so authorized by a ma- and their concurrence in a revised text, both Per Administrative Order 94–26, ‘‘any Com- jority of Commissioners. We will not tol- to the Director of Public Affairs and to your missioner may request that an item, other erate such behavior by our colleagues and office, orally and by means of electronic than an outstanding action jacket, be placed have advised them that we will take appro- mail. This would have been sufficient for an on the agenda for a public meeting of the priate action if it occurs. In the case of a ca- override, had this been an override situation. Commission.’’ If any of my colleagues wish reer employee threatened with termination Your action further contravenes 19 U.S.C. to do so, they may. or other adverse personnel action for refus- 1331(a)(3) which states: ‘‘No member of the ing to follow instructions that violate the Commission, in making public statements with respect to any policy matter for which WASHINGTON, DC, June 30, 1995. will of a majority of the Commission, we note that the Chairman does not have the the Commission has responsibility, shall rep- MEMORANDUM authority to terminate a supervisory em- resent himself as speaking for the Commis- To: Peg O’Laughlin. ployee at or above grade GS–15 without the sion, or his views as being the views of the From: Peter S. Watson. express approval of a majority of the Com- Commission, with respect to such matter ex- Subject: Press Release for Inv. 332–TA–344. mission. 19 U.S.C. 1331(a)(2)(A). In the case of cept to the extent that the Commission has other adverse personnel action, the Commis- adopted the policy being expressed.’’ I direct you to issue the attached press re- You directed the issuance of a press release lease immediately. The authority of me to sion majority can and would take action to override any such adverse action under these to the public with the knowledge that it did direct the release of the same, over the ob- not represent the policy of the Commission. jections of certain Commissioners; is con- circumstances. Press releases concerning Commission de- In fact, there was a majority consensus on tained in CO70–S–066, a copy of which I at- terminations or reports require the approval what the policy of the Commission would be tach. As there has been no legally recognized of the Commission. Contrary to the Chair- regarding this study and the public’s access override of my direction to you, the press re- man’s characterization in his memorandum to its contents, but you did not agree with it. lease is to be issued without any delay. CO70–S–066 (June 30, 1995), the issuance of Instead, you made your own determination Using the same authority, I direct you, or such press releases is not an administrative on what that policy should be, and you rep- any subordinate of yours, not to release any decision subject to override by a majority of resented to the public that policy as being other press release concerning this investiga- the Commission within the scope of 19 U.S.C. the Commission’s position, knowing that it tion unless authorized by me in advance, in 1331(a)(1). Rather, as described in the at- was not. Thus, in our view, you improperly writing. tached memorandum from the General Coun- represented yourself as speaking for the Commission by ordering the issuance of this Attachment. sel, the issuance of a press release regarding a Commission response to an Executive release as a Commission document. ITC RELEASES STUDY ON THE ECONOMIC EF- Branch request is a substantive matter in- Your actions in this matter are rendered FECTS OF ANTIDUMPING AND COUNTERVAILING volving external relations, and as such re- even more egregious by the ‘‘management by DUTY ORDERS AND SUSPENSION AGREEMENTS quires majority approval by the Commission. intimidation’’ tactics that you employed. It This is precisely the reason that such press is highly inappropriate for the Chairman to The United States International Trade threaten career government employees with Commission (ITC) today released the results releases are routinely circulated by the Of- fice of Public Affairs to all Commissioners’ adverse personnel action if they fail to fol- of its investigation Economic Effects of low his personal instructions that violate Antidumping and Countervailing Duty Or- offices—for approval by the Commission, not approval by the Chairman. The Commission the clearly-expressed position of a majority ders and Suspension Agreements (Investiga- of the Commission. We are very concerned tion No. 332–344). The report, which also re- did not approve the press release that you issued on June 30; in fact, a majority of Com- about your use of such tactics, which place ports on the economic effects of the dumping the entire Commission at risk for employee and subsidy practices that such orders and missioners disapproved it, and instead indi- cated its approval of a revised press release. grievances, sexual harassment lawsuits, and agreements address, was forwarded to U.S. resulting potential liability. To the extent Trade Representative Mickey Kantor, who thus, issuance of that press release was im- proper. that we are required to do so by law, we requested study. hereby serve notice that we do not condone The investigation was originally requested WASHINGTON, DC, July 12, 1995. such behavior and will not hesitate to take by former USTR Carla Hills in January 1993. appropriate action should it occur in the fu- MEMORANDUM Ambassador Kantor resubmitted the request ture. in June 1993 with a broadened investigative To: Chairman Watson. scope. The ITC instituted the investigation From: Vice Chairman Nuzum, Commissioner WASHINGTON, DC, July 13, 1995. in July 1993. Two days of public hearings Rohr, Commissioner Newquist, Commis- MEMORANDUM sioner Bragg. were held in September 1994 as part of the To: Vice Chairman Nuzum, Commissioner ITC’s full investigative process. Subject: Press Release in Inv. No. 332–344. We strongly object to your action of Fri- Rohr, Commissioner Newquist, Commis- The ITC report Economic Effects of Anti- day, June 30, in directing the issuance of a sioner Bragg. dumping and Countervailing Duty Orders press release that had been disapproved by a From: Peter S. Watson. and Suspension Agreements (Investigation majority of the Commission. We are dis- Subject: CO69,64,67 & 71–S–001 dated July 12, No. 332–344, USITC Publication No. xxxx, turbed by your heavy-handed tactics regard- 1995, Press Release in Inv. No. 332–344. June 1995) can be ordered without charge by ing issuance of a Commission press release, Thank you for the above-referenced joint calling 202–205–1809 or by writing to the Of- which before your actions of that Friday had Memorandum and the Memorandum GC-S- fice of the Secretary, Publications Branch, been an uncomplicated collegial process. We 295 attached thereto, both dated July 12, 500 E Street SW, Washington, DC 20436 (FAX: also disagree with both the premise and sub- 1995. 202–205–2104). stance of your memorandum CO70–S–066 The submissions are interesting insofar as The report will also be available on the (June 30, 1995). they reflect creative interpretation and writ- ITC’s Internet server at http://www.usitc.gov The premise of your memorandum is incor- ing. Yet, as entertaining as your submissions or ftp://ftp.usitc.gov. rect: the issuance of a press release con- might be, I do not find them compelling.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18162 CONGRESSIONAL RECORD — SENATE December 7, 1995 Instead, I find the interpretation of Com- made before the end of FY 95 will affect our been made. The Commission would be hiring mission voting procedure the GC set forth in budget planning for FY 96, I believe it is im- highly productive individuals at a GS–9 level GC-L-047, and in which the IG orally con- portant that the Commission be advised of (average entry level is GS–11/3) who have al- curred, to be compelling. Accordingly, I con- my decisions in that regard and given the op- ready been trained. I note that precedent ex- tinue to be directed by it, and I will expect portunity to comment on the same. ists to convert co-op personnel during a hir- relevant Commission employees to do the I recently received a request (OP–S–028) ing moratorium. Although the Commission same. For the same reason, the validity of dated July 21, 1995, from the Director of Op- does not have a legal obligation to hire co-op my original action stands. erations regarding certain critical staffing employees on a permanent basis, it makes What I found less amusing was the asser- needs. Attached for your review and informa- sense to do so with successful candidates if tion that my conduct ‘‘place [note: not may tion is Mr. Rogowsky’s July 21, 1995 memo- we are going to continue to embrace the pro- place] the entire Commission at risk . . . randum, other memoranda related to re- gram. 2 It is my understanding that the Of- sexual harassment lawsuit’’. A separate com- quests for hiring authority, and background fice of Personnel does not believe an exten- munication will be forthcoming on this par- information on the ITC’s Cooperative Edu- sion of their temporary status is possible. ticularly serious, and totally groundless, cation Program. Moreover, they would not have health insur- charge. Upon review of these memoranda and after ance unless converted. Because the co-op em- numerous conversations with staff, I have ployees, if converted, would likely be among WASHINGTON, DC, July 14, 1995. decided that it is sagacious to authorize Of- the first to go in a RIF targeted at Indus- fice of Industries (OI) to convert three co-op MEMORANDUM tries, I would advise them in advance of their employees to permanent status (authoriza- questionable job security. To: Chairman Peter Watson. tion to hire into the co-op program granted Please provide me with your comments in From: Vice Chairman Janet Nuzum, Com- 12/27/94 by this Office) and to authorize the writing by the close of business August 16, missioner David Rohr, Commissioner Office of Information Systems (OIS) to an- 1995. Don Newquist, Commissioner Lynn nounce and hire a computer specialist. I have Bragg. concluded that it is in the ITC’s best interest WASHINGTON, DC, August 17, 1995. Subject: Clarification of our memo of July to fill these positions despite the possibility MEMORANDUM 12. that the Commission’s FY 96 appropriation In light of your comments in CO70–S–070 of may necessitate a reduction in force. At this From: Peter S. Watson. late yesterday, we wish to clarify our state- time, I do not expect to grant any other hir- To: David B. Rohr. ments in the last paragraph of our memo- ing authorizations in FY 95. Subject: Use of title: ‘‘Senior Commis- randum of July 12. We were not, and are not, We may estimate that the Commission will sioner’’. alleging that you have engaged in sexual have approximately 425 full-time permanent I am in receipt of your Memorandum CO64– harassment, and regret any inference of employees on board at the close of FY 95 (if S–055 dated August 14, 1995. Upon a thorough such. Our concern is the use of intimidating the aforementioned positions are filled). This review of the entire matter it is clear that tactics and the possibility of grievances or number is based on several considerations in- the only relevant activity of disseminating lawsuits being filed by staff should such cluding the assumption of a conservative at- misleading information relates to your per- treatment persist. Obviously, we would not trition rate during FY 96. The last trans- sistent and ongoing public use of the non-ex- welcome such filings; besides the obvious action report (AD–S–175 dated August 7, 1995) istent title ‘‘Senior Commissioner’’. It is a legal costs, there would be serious repercus- indicates that the Commission has approxi- matter of public record that you are the sions to morale within the agency. We need mately 423 funded permanent position filled. longest-serving Commissioner. However, it is a Chairman who leads by respect, not threat. This number would change as follows: 1) the obvious from the style and context of your We hope you agree. In bringing these con- Commission is currently expecting to hire a use of the term ‘‘Senior Commissioner’’ that cerns to your attention now, it is our sincere Director of Administration and a Director of the same connotes a formal and legal title, hope that you will appreciate these concerns Economics (+2); 2) four more voluntary early and does not merely indicate relative length and that we can all avoid this situation from retirements will occur by September 30th of tenure. escalating. (¥4); 3) replacing Andy Fontaine in OIS and The correspondence attached to your approving the conversions of the three co-op Memorandum indicates that you have on at WASHINGTON, DC, July 17, 1995. employees would add four (+4). The net re- least three occasions formally and in writing MEMORANDUM sult under this scenario would be 425 perma- represented yourself with the title ‘‘Senior Commissioner’’. The record reflects that you To: Vice Chairman Janet Nuzum, Commis- nent employees. I recognize that staffing in sent two letters to the Financial Times and sioner David Rohr, Commissioner Don Commissioners’ offices may fluctuate slight- one letter to Inside U.S. Trade using this non- Newquist, Commissioner Lynn Bragg. ly as well. existent title. This self-appointed title ap- From: Peter S. Watson. It is, or course, useful to ask whether the parently misled the Letters Editor of the Fi- Subject: CO69, 64, 67, & 71–S–003 of July 14, Commission could sustain 425 full-time per- nancial Times who indeed addressed you with 1995. manent employees under different budget the title ‘‘Senior Commissioner’’ in his re- I am in receipt of the captioned Memo- scenarios. Based on Mark Garfinkel’s esti- sponse to you dated August 1, 1995. randa. In respect to your actions that I took mations, if we are funded at $44.5 million, Please note that the term ‘‘Senior Com- issue with in the last paragraph of my the Commission would be able to support 425 missioner’’ does not appear as a title desig- Memorandum CO70–S–070, knowledgeable positions. If we are funded at $43.5 million, a nating a position in any statute relating to counsel has advised me that, upon a review furlough appears to be required to avoid a the Commission, or in any Commission regu- of the facts and applicable law, he believes RIF. If, however, we are funded at $42.5 mil- lation, directive or administrative order. See actionable libel was committed by each of lion or below, a RIF would become necessary the attached OGC Memorandum LMS–S–041. you (and perhaps others, yet to be identified) even with a furlough. All of these scenarios Your use of non-existent title is, at the in respect to the same. assume a non-personnel expenditure reduc- least, a profound embarrassment to the Com- Adlai Stevenson once observed that it is tion of 10% (not including rent) and some at- mission and especially to yourself. Moreover, often easier to fight for principles than to trition in FY 96. We also expect some savings I am concerned that any continuing use of live up to them. I have no lessons to learn from reducing leased space to be realized in 1 the same might bring about a situation that from those who would presume to piously FY 96. With the departure of Andy Fontaine in results in a claim that use of the title in school me while simultaneously publishing OIS, there exists a critical need for addi- question is in violation of law. In this con- and disseminating the insidious and odious tional technical computer support in that text one should note 18 USC Section 912 enti- language referred to. I am, however, pre- Office. The only other OIS employee that has tled ‘‘Officer or employee of the United pared to accept the unconditional retraction a technical experience is Wally Fullerton. States’’ which states: of, and apology for, the language that you While OIS may be currently over-staffed, ex- ‘‘Whoever falsely assumes or pretends to be issued as an end of your role in this most re- isting employees cannot be trained to fill an officer or employee acting under the au- grettable matter. Andy’s position. It is important to note that thority of the United States or any depart- the positions currently filled by Andy and ment, agency or officer thereof, and acts as WASHINGTON, DC, August 11, 1995. Wally Fullerton would likely be placed in a such. . . shall be fined under this title or im- MEMORANDUM separate ‘‘competitive level’’ from other prisoned not more than three years, or To: The Commission. staff, preventing those positions from com- both.’’ From: Peter S. Watson. peting in a RIF targeted at OIS. In that context, the Supreme Court case of Subject: Request for hiring authorizations. The Office of Industries is operating at a United States v. Barnow, 339 US 74, 60 1 Ed The purpose of this memo is to seek com- level well below its current ceiling of 125 155, 36 Ct 19 (1915) supports the obvious con- ment on action I am considering on several full-time permanent positions. The co-op clusion that 18 USC Section 912 is to be read requests for authorization to hire. As you conversions will still leave industries six po- broadly to include the false representation know, I instituted a hiring freeze this past sitions below its ceiling and fill important or as to some office or employment which has April (Administrative Order 95–13) that al- critical needs in OI divisions. I am mindful no legal or actual existence. As the Court lows exceptions for demonstrated critical that a significant investment in the program notes ‘‘. . . the mischief is much the staffing needs. Because all hiring decisions and these particular employees has already same. . . whether the pretender names an

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18163 existing or non-existing office or offi- Countervailing Duty Orders and Suspension naval base for use as an INS satellite cer. . .’’. Agreements,’’ which included the $16 billion training facility. Since the entire Commission is now on no- dollar cost figure, actually originated in and Although the FBI does not receive tice of your continuing use of the said title was disseminated from this agency with quite the funding that I would like it and of possible claims arising from ongoing some sort of deliberate intent that it be mis- to, it nevertheless receives a substan- use thereof, I hereby direct you to imme- taken for a Commission-sponsored document. diately and permanently cease and desist in I think we all should be very concerned tial increase over 1995. the use of the same. about the appearance (at least) of dishonesty The conference report represents and lack of integrity at the Commission if, over a 9.8-percent increase compared to WASHINGTON, DC, August 1, 1995. indeed, such information originated here and fiscal year 1995 enacted levels. This in- MEMORANDUM was disseminated as though it were a Com- crease provides resources enabling the To: The Chairman. mission publication. I believe the informa- FBI to address many projects and ini- From: The General Counsel. tion disseminated was, in fact, wrong. I doc- tiatives. These initiatives include: Per- Subject: ‘‘Senior Commissioner’’. umented this in my previous memorandum. sonnel to staff the FBI Command Cen- This is in response to your request for a re- Regardless, however, of how the information ter; FBI legal attaches; safe streets view of whether the term ‘‘Senior Commis- is characterized, it appears to have been dis- task forces; FBI laboratory equipment seminated as though it were from the Com- sioner’’ appears as a title designating a posi- and personnel; emergency response tion in any statute relating to the Commis- mission. This is the critical misrepresenta- tion—not that the information was wrong— teams; upgraded databases on gangs; sion, a Commission regulation, a directive, State, local, and Indian tribal law en- or an administrative order. We have found no but that it was apparently deliberately mis- such usage in statutes (both current provi- represented to be from the Commission. forcement training; aviation mainte- sions and those applicable in 1996) relating to Therefore, I renew my request for your nance and equipment; and wireless the Commission, the Commission’s Rules of thoughts and those of my colleagues about radio communications. Practice and Procedure, directives, or ad- any actions that we might take to shed light Construction funds are provided to ministrative orders. on this case and assure that similar occur- renovate the FBI Command Center, to rences are precluded in the future. I will modernize the FBI Training Academy have to assume that continued silence by WASHINGTON, DC, August 22, 1995. you or any other Commissioners is a lack of for use by Federal, State, and local law To: Chairman Peter S. Watson. enforcement officers, and to begin From: David B. Rohr. interest and concern. I also renew my request for your commu- work on a new FBI laboratory facility. Subject: Your memorandum CO70–S–082 (use The conference report does not in- of term ‘‘Senior Commissioner’’); My nications with the Financial Times related to memorandum CO64–S–055 (Title VII the Title VII study. clude a $29 million request relating to Study, Investigation No. 322–334). Mr. HATCH. Mr. President, I would the full annualization of personnel that I have seen your August 17, 1995 memo- just like to make a few comments with could have been hired in fiscal year randum, CO70–S–082. I note that you take respect to Senator BIDEN’S remarks. 1995. In light of this hiring delay, how- issue with my use of the term ‘‘Senior Com- First, Senator BIDEN remarked that ever, the full personnel funding request missioner,’’ but avoid the important matter the process by which this bill was is not necessary. raised by my memorandum CO64–S–055, the The report provides significant fund- circulation of misleading information to the brought to the floor was problematic. I agree, the process was imperfect. I ing for U.S. attorneys offices as well. media on our Title VII investigation and re- The $925,509,000 in the conference re- port. would rather have brought the author- Your views regarding the use of the term izing language through the normal port represents over a 8.5-percent in- ‘‘Senior Commissioner,’’ while interesting, process. I would note, however, that we crease compared to the fiscal year 1995 reveal a surprisingly deficient research ef- have already held more hearings on the enacted levels. Funding will support fort. Rather than merely parse the statute, authorizing language in this bill than expedited deportation of denied asylum you could have researched Commission cus- the Judiciary Committee held on the applicants, Federal victims counseling tom and tradition, precedent that is impor- entire 1994 crime bill. I think it’s tough under the Violence against Women Act tant in matters such as these. Such research and increased demands for criminal would have revealed the use of the title by to argue about the process by which this bill was sent to the floor. prosecution and related activities. other Commissioners at appropriate periods The conference report also pays for Second, I would like to address the of their tenures. I recall, in those cases, the security upgrades at U.S. attorneys of- Senior Commissioners were accorded cour- so-called cuts to Federal law enforce- fices, increased prosecutions of immi- tesy and respect by their colleagues, quali- ment. Federal law enforcement is in- ties that are, indeed, in short supply within gration laws, and funds to maintain at- creased nearly 20 percent over 1995 lev- torney and support personnel levels for the current Commission. els. And I would note that since 1990, Also on the ‘‘Senior Commissioner’’ issue, the prosecution of violent crime. I must point out that the letterhead I use the only real cut to Federal law en- The DEA also received an increase in clearly shows the statutorily designated forcement came in the President’s first this bill, as it should. Drug use is the title of ‘‘Commissioner’’ in the upper left budget. Indeed, Congress actually re- scourge of America, and it needs to be hand corner. My use of the term ‘‘Senior stored the President’s cuts. combated. Commissioner’’ is subordinate to this statu- For example, the Commerce, Justice, I fought for $60 million in trust fund tory designation. The term ‘‘Senior’’ in State conference report funds INS at money for the DEA during the Com- ‘‘Senior Commissioner’’ is merely an adjec- an increased rate of $2,557,470,000. prehensive Terrorism Prevention Act. I tive, reflecting my seniority of tenure among The conference report provides over a the current Commissioners, a fact that even appreciate the Appropriations Com- your memorandum acknowledges. Seniority 23.5-percent increase of fiscal year 1995 mittee taking my funding rec- of tenure is statutorily referred to in section enacted levels. This increase provides ommendation into account and pro- 331(c)(1)(B) of the Tariff Act of 1930, as funds to better control our borders and viding DEA with $60 million of trust amended. I am merely using the title as it to stem illegal immigration. fund money. has been customarily used at this agency, The conference report provides funds The conference agreement provides and, in my case, perhaps, also as a reference for 800 new border patrol agents, 160 over a 6.4-percent increase compared to to chronological age. support personnel, and allows for bet- fiscal year 1995 enacted levels. This I am very disappointed that you have cho- ter INS efficiency by redeploying inte- sen to ignore the purpose of my memo- provides to the DEA funds to improve randum CO64–S–055, which was to call your rior agent positions to locations where its infrastructure and to better support and our colleagues’ attention to what I be- the illegal immigration problem is investigative efforts. lieve to be misleading publicity regarding most severe, the border. The conference report includes pro- the Title VII report. My concern is height- The report also increases, by 1,400 po- gram increases for the DEA’s legal at- ened by a second letter from the Financial sitions, personnel dedicated to appre- tache program, contract linguist sup- Times, received on Friday, August 18 (copy hend, locate, detain, and deport illegal port, advanced telephony, office auto- attached), which states in paragraph 2 that aliens. Funding is also provided for mation, new agents for domestic heroin ‘‘Nancy Dunn’s original story . . . was based over 2,800 detention beds and funding upon information supplied by the ITC.’’ (em- enforcement, mobile enforcement phasis added). This suggests very strongly for antismuggling units. teams, and wireless radio communica- that the June document ‘‘Release of U.S. Construction funds are provided for a tions. International Trade Commission (ITC) Study triple fencing pilot project in southern The conference report does not in- on Economic Effects of Antidumping and California and funds to renovate a clude $15 million requested relating to

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18164 CONGRESSIONAL RECORD — SENATE December 7, 1995 full annualization cost of personnel I ask unanimous consent that two of believe that Congress would not do the that could have been hired in fiscal the analyses to be printed in the same thing if no other change were year 1995. In light of this hiring delay, RECORD following my remarks. made to the prison grant program. Im- however, the full request personnel is The PRESIDING OFFICER. Without plying otherwise to arrive at the de- not necessary. objection, it is so ordered. sired result is disingenuous. The marshal’s service is also ade- (See exhibit 1.) Some of the Department’s results quately funded under the bill. Mr. HATCH. The problem is, the may be skewed on political grounds. The conference report provides over a numbers they use are unreliable, and Some of the results look peculiar in- 12.9-percent increase compared to fiscal are based on assumptions which are ei- deed. For instance, one analysis pur- year enacted levels. This agreement ther unprovable, or simply untrue. ported to show which States would provides funds to upgrade security at Indeed, an early Department criti- qualify for truth-in-sentencing grants, existing courthouses. Additionally, it cism of this grant program stated that: which would qualify for the less-lucra- provides additional security personnel, [t]he way the funds are divided among quali- tive general grants, and how much equipment, and communications funds fied States prohibits the determination of each State would receive under the for new and expanded courthouses. grant amounts until all States applications conference report. Perhaps it is only a As for today, we are trying to bal- are submitted and reviewed for compliance, coincidence, but among the 28 general ance the Federal budget. The Presi- and grant decisions are made. grant States in this analysis were 16 dent’s request for Federal law enforce- Yet the figures being bandied about States that are represented in the Sen- ment was not made in the context of purport to be exactly such determina- ate by 18 Senators who sit on either the balancing the Federal budget. He has tions. Judiciary Committee or the Com- the luxury of not balancing the budget. There are several sets of numbers merce, Justice, State Appropriations I would certainly like to put more floating around. Apparently, the De- Subcommittee. money back into Federal law enforce- partment would run figures based on There is much more one could say ment, but where will that money come any assumption given them. In such a about the numbers being bandied about from? case, one really can use statistics to by the Department of Justice on this I would ask if we do not balance the prove anything. issue. I will say no more about them, budget now, then when will we do it? As just one example of the wildly except to comment that this debate Where should we take the money from? varying sets of numbers released by the should involve policy arguments, not The plain truth is, this bill is an in- Department, under one set, my State political scare tactics. The bottom line crease to Federal law enforcement—an of Utah would receive no money in fis- is that I believe that, if it is adminis- increase of 20 percent. The only budget cal year 1996, in another it would qual- tered in an unbiased manner, all our passed here in recent years that cut ify for $2,324,958, and under a third sce- States will receive a fair share of funds Federal law enforcement was Fiscal nario, Utah would receive $4,350,000. under this bill—a share that is propor- Year 1994—The first full Clinton budg- There is even a fourth analysis, under tionate to their crime rate and to their et. which Utah receives more than $7.3 efforts to keep criminals off the I would also like to comment on the million. I understand that a fifth anal- streets. If a problem with the language Prison Grant Program Senator BIDEN ysis exists that gives Utah nearly $6 does exist we will certainly fix it on mentioned. The Department of Justice million. At this rate, eventually the the next round. has engaged in what might be chari- Department will be reporting that all This bill is not perfect. But it has its tably characterized as a campaign of of the money will go to Utah. While my priorities right, and devotes signifi- misinformation about the prison State, like each of our States, can cer- cantly more resources to the incarcer- grants provisions contained in the con- tainly use prison grant assistance, this ation of violent prisoners than the fis- ference report. For example, while only highlights the spurious nature of cal year 1995 appropriation bill did. committee staff was working on the de- these so-called analyses. Each of these That bill appropriated only $24 million tails of these provisions, the staff solic- analyses presumably are evaluating of an authorized $175 million. I believe ited and received informal comments the same program. that we can do better, and this con- from the Department’s Office of Policy As an example of assumptions used in ference report does so. I urge my col- Development. The Department’s com- the analyses that are simply untrue, leagues to support it. ments contained numerous factual er- the Department has repeatedly as- Furthermore, my friend from Dela- rors. sumed that the grant program would ware has also criticized the indetermi- For example, I was quite surprised to be funded at a level of $500 million in nate sentencing provisions in the con- receive a letter on behalf of the Amer- fiscal year 1996. Yet the conference re- ference report. ican Society of Corrections Adminis- port which the Department purports to I listened with great interest to my trators [ASCA] which parroted, errors be evaluating clearly appropriates $617 colleague’s remarks. I am certain that and all, the Department’s informal million for the program. it was not his intent to imply that this comments. These comments were ap- Moreover, several of the Depart- provision was designed to harm other parently transmitted to corrections de- ment’s analyses assumes that all $500 States. partments in every State. As the cor- million assumed appropriated pursuant The truth is, 34 States practice some rections director of my State of Utah, to the 1994 crime bill would be applied form of indeterminate sentencing. In who serves as the legislative com- directly to grants, while it assumes many instances, violent prisoners can mittee chairman of ASCA, noted in a that under the conference report, only be kept in jail longer in these States followup memorandum to the associa- $300 million would be applied to grants. than in determinate-sentencing States. tion’s executive director: With such a starting assumption, it is For instance, in Delaware, even if they These informal comments appear to be de- hardly surprising that the analyses keep a prisoner in jail 10 years, he signed to sidetrack or block any congres- would conclude that States will receive could be out in 9. In a system like sional attempts to revise the 1994 crime bill less funding under the conference re- Utah’s, the same criminal could be sen- in any way as the administration admittedly port. tenced to 5 to 15 years. Using criteria does not want any revisions to this Bill. The problem is, the premise simply very similar to the Federal sentencing Recently, the Department has been isn’t true. While the conference report guidelines, the Utah Parole Board can circulating a series of spreadsheets admittedly utilizes $200 million of the keep the prisoner in for 5 more years. containing data purporting to dem- $617.5 million appropriated to provide This bill does nothing more than onstrate how many of our States would extra assistance to truth-in-sentencing level the playing field for indetermi- suffer under the conference report as States with high numbers of criminal nate States that keep violent thugs compared to the 1994 crime bill. aliens, there is absolutely no reason to locked up.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18165 EXHIBIT 1 CRIME SUBCOMMITTEES—Continued *** State is ineligible for truth-in-sentencing grant awards under the pro- visions of the conference bill. Sufficient data are not available to determine [Grant amounts in thousands of dollars] eligibility for conference bill general grant awards at this time. CRIME SUBCOMMITTEES Assumptions [Grant amounts in thousands of dollars] Truth in Percent Under all scenarios, total appropriation is $500,000,000. sen- change, Current Law (Column 1): Current law assumes all formula grant funds com- are awarded because of ‘‘reverter clause.’’ One percent for administrative Percent tencing paring Truth in change, grants costs has been taken off the top, but none for technical assistance or dis- sen- awards cretionary funding. com- Current S. 3 under the under the tencing paring State law con- S.3 Grants (Column 2): Under S.3, 1% is taken off the top for adminis- grants grants con- trative costs. awards grants ference ference Current S. 3 under the under the bill in- Truth in Sentencing Grants Under the Conference Bill (Column 3): State law con- cluding bill to grants grants ference con- current 1. The Attorney General uses no program funds for housing Federal pris- ference that INA oners in non-Federal institutions. bill in- awards law cluding bill to awards 2. From the initial $500 million appropriated for truth in sentencing and that INA current general grants, Section 20109(a)(1) allocates 0.3% ($1.5 million) for pay- law ments for the incarceration of offenders under Indian tribe jurisdiction. Ad- awards awards New Hampshire ...... 1,248 0 *** —— New Jersey ...... 8,152 5,894 10,732 32 ministrative costs are set at one percent ($5 million) to be comparable with New Mexico ...... 3,050 2,828 0 —— other formulas. Total for formula New York ...... 54,953 44,051 34,924 ¥38 Direct SCAAP appropriations comprises $300,000,000. The conference bill grants ...... $495,000 $495,000 $405,600 ¥0 ¥ ¥ North Carolina ...... 13,892 11,765 7,750 44 requires that the difference between the initial authorization for prison Total awarded ...... 495,000 $387,060 $195,707 20 North Dakota1 ...... 963 1,599 9,917 307 grants ($500 million) and direct SCAAP appropriations ($300 million) be di- Ohio ...... 18,313 13,088 8,488 ¥45 verted from prison grants to awards under the Immigration and Nationality Alabama ...... 5,571 0 NA —— Oklahoma ...... 3,884 0 *** —— Act. Alaska 12 ...... 1,495 1,592 0 ¥100 Oregon1 ...... 5,048 2,847 0 ¥100 Footnotes From the Table Arizona ...... 8,617 7,817 13,188 53 Pennsylvania ...... 14,768 5,875 8,006 ¥48 Arkansas ...... 7,954 2,768 *** —— 1 These states are expected to be ineligible for both types of prison grants Rhode Island ...... 1,416 0 4,204 107 under the conference bill—general grants and truth in sentencing grants. California ...... 94,034 74,780 139,511 48 South Carolina ...... 11,150 9,808 6,937 ¥18 3 The states are not eligible for general grants because they fail to meet the Colorado ...... 3,822 0 0 ¥100 South Dakota ...... 1,040 0 *** —— Connecticut ...... 3,038 2,819 5,102 58 Tennessee ...... 6,617 4,071 *** —— parameters established by Section 20103(a)(2), which requires that states Delaware 3 ...... 1,632 1,914 0 ¥100 Texas ...... 21,224 13,762 *** —— ‘‘increase[d] the average prison time actually to be served in prison’’ since Dist. of Columbia ...... 3,328 2,962 *** —— Utah3 ...... 1,550 1,985 0 ¥100 1993 for part 1 violent crimes. According to the 1995 Bureau of Justice Sta- Florida ...... 48,636 37,432 29,429 ¥37 Vermont ...... 1,001 1,544 NA —— tistics report, ‘‘Violent Offenders in State Prison: Sentences and Time Georgia ...... 14,880 5,950 *** —— Virginia ...... 7,514 6,749 8,858 ¥22 Served,’’ (p.4) the average minimum time for violent offenders to serve be- Hawaii 3 ...... 1,273 1,758 0 ¥100 Washington ...... 8,312 7,577 *** —— fore release has not increased since 1993 for the indicated states. Idaho 2 ...... 1,278 1,761 0 ¥100 West Virginia ...... 1,382 0 *** —— 2 These states are expected to be ineligible for both types of prison grants Illinois ...... 31,927 25,948 20,007 ¥37 Wisconsin3 ...... 2,797 0 0 ¥100 under the conference bill—general grants and truth in sentencing grants. Indiana ...... 8,681 7,573 6,170 ¥28 Wyoming ...... 1,191 173 *** —— The states are not eligible for general grants because they fail to meet the Iowa ...... 2,179 0 NA —— parameters established by Section 20103(a)(3), which requires that states Kansas ...... 4,300 4,223 4,900 14 NA: Data are not available to determine eligibility for conference bill truth ‘‘increase[d] the average percentage of time of the sentence to be actually Kentucky 2 ...... 3,422 0 0 ¥100 in sentencing grant awards for Alabama, Iowa, and Vermont. served in prison’’ since 1993 for part 1 violent crimes. The above BJS report Louisiana ...... 13,456 11,421 7,621 ¥43 ——No grant is made under S.3, hence percent difference is meaning- indicates that the percent of the average maximum sentence to be served Maine 12 ...... 1,060 1,824 0 ¥100 less; or it is unknown if the State is eligible for a general grant under the for violent offenses has not increased since 1993 for these states. Maryland 3 ...... 8,176 6,907 0 ¥100 conference bill. 3 These states are expected to be ineligible for both types of prison grants Massachusetts3 ...... 8,004 5,805 0 ¥100 * Totals include projected 1998 award funds based on estimated 1995 under the conference bill—general grants and truth in sentencing grants. Michigan ...... 11,958 8,182 12,038 1 distributions for Truth in Sentencing and the Immigration and Nationality The states are not eligible for general grants because they fail to meet the Minnesota ...... 3,013 2,804 5,088 89 Act (TIS/INA) diverted from prison grants under Section 20110(b) and does parameters established by Section 20103(b)(2)(B), which requires that Mississippi ...... 3,998 3,964 4,818 21 not reflect direct SCAAP appropriations. states ‘‘increase[d] the average time served in the state for the offenses of Missouri ...... 11,516 9,975 3,874 ¥87 Dollar amounts listed indicate the estimated award for truth in sen- murder, rape, and robbery’’ since 1993. The above BJS report indicates that Montana2 ...... 1,040 1,618 0 ¥100 tencing grants. Zeroes indicate that the state failed to meet the necessary the average time served for violent offenses has not increased above 1993 Nebraska ...... 2,329 0 *** —— requirements as stated in the conference bill for both general grant awards levels for the indicated states. Nevada ...... 4,188 1,584 4,873 16 and truth in sentencing grant awards. COMPARISON OF POTENTIAL STATE AWARDS UNDER CURRENT CRIME ACT PRISON GRANTS, S. 3, AND NOVEMBER 28 CONFERENCE BILL AT $500 MILLION—PRELIMINARY [Grant amounts in thousands of dollars]

Percent difference* Percent difference exclud- Truth in ing TIS/INA grants sentencing TIS/INA Compared to current law State Current law S. 3 grants grants awards** Conference grants under the (1998 pro- Conference bill + TIS/ Conference Conference conference jection) S. 3 grants bill + TIS/ INA vs. S. 3 bill vs. cur- bill vs. S. 3 bill* INA rent law

Total for formula grants ...... $495,000 $495,000 $293,500 $200,000 ¥0 ¥0 ¥0 ¥41 ¥41 Total awarded ...... 495,000 367,060 195,765 200,000 ¥26 ¥20 8 ¥60 ¥47 Alabama ...... 5,671 0 NA ...... —— —— —— —— —— Alaska 12 ...... 1,405 1,802 0 ...... 27 100 100 100 100 Arizona ...... 8,617 7,617 6,085 7,000 ¥12 52 72 ¥30 ¥20 Arkansas ...... 2,954 2,769 *** ...... ¥6 —— —— —— —— California ...... 94,034 74,780 29,979 108,000 ¥20 47 85 ¥68 ¥60 Colorado 3 ...... 3,822 0 0 ...... ¥100 ¥100 0 ¥100 0 Connecticut ...... 3,038 2,819 5,117 ...... ¥7 68 81 68 81 Delaware 2 ...... 1,532 1,914 0 ...... 25 ¥100 ¥100 ¥100 ¥100 Dist. of Columbia ...... 3,326 2,962 *** ...... ¥11 —— —— —— —— Florida ...... 46,535 37,432 16,625 12,000 ¥20 ¥38 ¥24 ¥64 ¥56 Georgia ...... 14,680 5,950 *** ...... ¥59 —— —— —— —— Hawaii 3 ...... 1,273 1,758 0 ...... 38 ¥100 ¥100 ¥100 ¥100 Idaho 2 ...... 1,279 1,761 0 ...... 38 ¥100 ¥100 ¥100 ¥100 Illnois ...... 31,927 25,946 12,744 7,000 ¥19 ¥38 ¥24 ¥60 ¥51 Indiana ...... 8,561 7,573 6,180 ...... ¥12 ¥28 ¥18 ¥28 ¥18 Iowa ...... 2,179 0 NA ...... ¥100 —— —— —— —— Kansas ...... 4,300 4,223 4,897 ...... ¥2 14 16 14 16 Kentucky 2 ...... 3,422 0 0 ...... ¥100 ¥100 0 ¥100 0 Louisiana ...... 13,455 11,421 7,307 ...... ¥15 ¥46 ¥36 ¥46 ¥36 Maine 12 ...... 1,060 1,624 0 ...... 55 ¥100 ¥100 ¥100 ¥100 Maryland 3 ...... 8,175 5,907 0 ...... ¥28 ¥100 ¥100 ¥100 ¥100 Massachusetts 3 ...... 8,004 5,805 0 ...... ¥27 ¥100 ¥100 ¥100 ¥100 Michigan ...... 11,958 8,182 9,659 2,000 ¥32 ¥3 42 ¥19 18 Minnesota ...... 3,013 2,804 5,122 ...... ¥7 70 83 70 83 Mississippi ...... 3,996 3,984 4,838 ...... 0 21 21 21 21 Missouri ...... 11,616 9,975 6,964 ...... ¥14 ¥40 ¥30 ¥40 ¥30 Montana 2 ...... 1,040 1,618 0 ...... 56 ¥100 ¥100 ¥100 ¥100 Nebraska ...... 2,329 0 *** ...... ¥100 —— —— —— —— Nevada ...... 4,188 1,564 4,853 ...... ¥63 16 210 16 210 New Hampshire ...... 1,248 0 *** ...... ¥100 —— —— —— —— New Jersey ...... 8,162 5,894 7,737 2,800 ¥28 29 79 ¥5 31 New Mexico ...... 3,050 2,826 *** ...... ¥7 —— —— —— —— New York ...... 54,953 44,051 18,873 15,000 ¥20 ¥38 ¥23 ¥66 ¥57 North Carolina ...... 13,892 11,765 7,565 ...... ¥15 ¥46 ¥36 ¥46 ¥36 North Dakota ...... 963 1,599 3,956 ...... 66 311 147 311 147 Ohio ...... 16,313 13,668 8,287 ...... ¥16 ¥49 ¥39 ¥49 ¥39 Oklahoma ...... 3,884 0 *** ...... ¥100 —— —— —— —— Oregon 2 ...... 5,046 2,847 0 ...... ¥44 ¥100 ¥100 ¥100 ¥100 Pennsylvania ...... 14,756 5,975 7,901 ...... ¥60 ¥46 32 ¥46 32 Rhode Island ...... 1,415 0 4,221 ...... —— 198 100 198 100 South Carolina ...... 11,150 9,608 8,767 ...... ¥14 ¥39 ¥30 ¥39 ¥30 South Dakota ...... 1,040 0 *** ...... —— —— —— —— —— Tennessee ...... 6,617 4,971 *** ...... ¥25 —— —— —— —— Texas ...... 21,224 13,752 *** ...... ¥35 —— —— —— —— Utah ...... 1,650 1,985 4,350 ...... 20 164 119 164 119 Vermont ...... 1,001 1,544 NA ...... 54 —— —— —— —— Virginia ...... 7,514 6,749 5,778 ...... ¥10 ¥23 ¥14 ¥23 ¥14 Washington ...... 8,312 7,377 *** ...... ¥11 —— —— —— —— West Virginia ...... 1,302 0 *** ...... ¥100 —— —— —— ——

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18166 CONGRESSIONAL RECORD — SENATE December 7, 1995 COMPARISON OF POTENTIAL STATE AWARDS UNDER CURRENT CRIME ACT PRISON GRANTS, S. 3, AND NOVEMBER 28 CONFERENCE BILL AT $500 MILLION—PRELIMINARY— Continued [Grant amounts in thousands of dollars]

Percent difference* Percent difference exclud- Truth in ing TIS/INA grants sentencing TIS/INA Compared to current law State Current law S. 3 grants grants awards** Conference grants under the (1998 pro- Conference bill + TIS/ Conference Conference conference jection) S. 3 grants bill + TIS/ INA vs. S. 3 bill vs. cur- bill vs. S. 3 bill* INA rent law

Wisconsin 3 ...... 2,797 0 0 ...... ¥100 ¥100 0 ¥100 0 Wyoming ...... 1,191 173 *** ...... ¥85 —— —— —— —— NA: Data are not available to determine eligibility for conference bill truth in sentencing grant awards for Alabama, Iowa, and Vermont. * Dollar amounts listed indicates the estimated award for truth in sentencing grants. Zeroes indicate that the state failed to meet the necessary requirements as stated in the conference bill for both general grant awards and truth in sentencing grant awards. ** Totals include projected 1996 award funds based on estimated 1995 distributions for Truth in Sentencing and the Immigration and Nationality Act (TIS/INA) diverted from prison grants under Section 20110 (b) and does not reflect direct SCAA appropriations. *** State is ineligible for truth-in-sentencing grant awards under the provisions of the conference bill. Sufficient data are not available to determine eligibility for conference bill general grant awards at this time. —— No grant is made under S. 3, hence percent difference is meaningless: or it is unknown if the State is eligible for a general grant under the conference bill. See next page for assumptions and notes. Assumptions: Under all scenarios, total appropriation is $617,000,000. Current Law (Column 1): Current law assumes all formula grant funds are awarded because of ‘‘reverter clause.’’ One percent for administrative costs has been taken off the top, but none for technical assistance or discretionary fund- ing. S. 3 Grants (Column 2): Under S. 3, 1% is taken off the top for administrative costs. Truth in Sentencing Grants Under the Conference Bill (Column 3): 1. The Attorney General uses no program funds for housing Federal prisoners in non-Federal Institutions. 2. From the initial $500 million appropriated for truth in sentencing and general grants, Section 20109(a)(1) allocates 0.3% ($1.5 million) for payments for the incarceration of offenders under Indian tribe jurisdiction. Administrative costs are set at one percent ($5 million) to be comparable with other formulas. Direct SCAAP appropriations comprise $300,000,000. The conference bill requires that the difference between the initial authorization ($500 million) and direct SCAAP appropriations ($300 million) be diverted to awards under the Immi- gration and Nationality Act/TIS provision. Truth in Sentencing/Immigration and Nationality Act Awards (Column 4): These states fulfill truth in sentencing provisions and are therefore eligible to receive additional funds under the Immigration and Nationality Act. Footnotes from the Table: 1 These states are expected to be ineligible for both types of prison grants under the conference bill—general grants and truth in sentencing grants. The states are not eligible for general grants because they fail to meet the param- eters established by Section 20103(a)(2), which requires that states ‘‘increase[d] the average prison time actually to be served in prison’’ since 1993 for part 1 violent crimes. According to the 1995 Bureau of Justice Statistics report, ‘‘Violent Offenders in State Prison: Sentences and Time Served,’’ (p.4) the average minimum time for violent offenders to serve before release has not increased since 1993 for the indicated states. 2 These states are expected to be ineligible for both types of prison grants under the conference bill—general grant and truth in sentencing grants. The states are not eligible for general grants because they fail to meet the parameters established by Section 20103(a)(3), which requires that states ‘‘increase[d] the average percentage of time of the sentence to be actually served in prison’’ since 1993 for part 1 violent crimes. The above BJS report indicates that the per- cent of the average maximum sentence to be served for violent offenses has not increased since 1993 for these states. 3 These states are expected to be ineligible for both types of prison grants under the conference bill—general grants and truth in sentencing grants. The states are not eligible for general grants because they fail to meet the param- eters established by Section 20103(b)(2)(B), which requires that states ‘‘increase[d] the average time served in the state for the offenses of murder, rape, and robbery’’ since 1993. The above BJS report indicates that the average time served for violent offenses has not increased above 1993 levels for the indicated states.

Mr. COHEN. Mr. President, when this tise of some of the most knowledgable for the Department of Commerce, bill was originally on the Senate floor, poverty law attorneys in the country. State, Justice and related agencies. And, at a time when we are trying to and Senator DOMENICI offered his I appreciate the diligent work of the amendment to preserve the Legal Serv- reduce the intrusiveness of the Federal Government, we are imposing new Fed- respective House and Senate sub- ices Corporation, I supported Senator committees to craft a conference re- DOMENICI’s effort but expressed some eral mandates on how private organiza- port that seeks to maximize funding grave reservations about the restric- tions—such as Maine’s Pine Tree Legal that will be allocated to the Depart- tions that were being placed on recipi- Assistance and the Voluteer Lawyer ents of LSC funds. Project—may use their own money. ment of Commerce, Department of I hoped that the conference might The bill also fails to provide the Cor- State, the Department of Justice and come to understand the folly of these poration with sufficient administrative the 18 other agencies included in this restrictions and report out a bill that funds to properly perform the competi- appropriations measure. It has been would provide the LSC with sufficient tive bidding and monitoring require- made clear from the development of funds to fulfill its important mission of ments that this bill creates. H.R. 2076, that this measure would be I realize that there are many in the subject to a Presidential veto. Today, ensuring that our most needy citizens other body that wish to eliminate LSC as we debate this conference report it have equal access to our system of jus- in its entirety and see these measures tice—a promise written in stone on the as the first steps in that process. But is apparent the President will follow front of the U.S. Supreme Court. there were over 60 votes in the Senate through to veto this measure. Unfortunately, the product of the to preserve LSC and those votes should While I will support the conference conference with respect to the LSC is not be ignored. agreement today, because it contains entirely inadequate. I understand that the President in- vital funding for very meritorious pro- Under the conference report, LSC tends to veto this legislation, so I ex- grams, I want to express my serious funding would be cut from $400 million pect that the issue of the funding and reservations with legislative language in fiscal year 95 to $278 million, a re- structure of LSC will be before this included in this measure that may seri- duction of over 30 percent. body again. I agree that LSC must The bill would place 19 separate re- ously undermine the ability of law en- share in the budget belt-tightening forcement officials to effectively ad- strictions on recipients of LSC funds. that is being experienced throughout dress crime in their respective States These restrictions control not only the entire Government. And some new and cities. how legal services organizations may restrictions may be in order to ensure use their Federal grants but also how that LSC funds are targeted at the As you know, I have been a strong they may use funds derived from the most critical needs of our indigent citi- supporter of the 100,000 cops program. States, bar associations, and private zens. This program, which passed with wide- donations. But in the end, the Corporation must spread bipartisan support as part of the Under this bill, legal services organi- be provided funds sufficient to guar- 1993 crime bill. In that bill, Congress zations and the skilled attorneys that antee the continued operation of its authorized funds to go directly to work for them are precluded from tes- programs and restrictions that hinder where the problem exists: that is the tifying at a legislative hearing, com- legal services organizations from pro- shortage of law enforcement personnel. menting on a public rulemaking, or moting the interests of their clients This important program would be ad- communicating with Federal, State, or must be eased. I will continue to work ministered in a block grant under the local officials that operate programs toward this result with the President legislation now being considered. for the indigent. and members of the Appropriations At a time when we are authorizing Committee on both sides of the aisle. I am concerned that scarce dollars the States to operate welfare, Med- Mr. CAMPBELL. Mr. President, I would be spend by some mayors on icaid, and a host of other programs would like to make a few brief com- anything that can arguably be con- with less Federal intervention, we are ments on the conference report to H.R. strued as law enforcement under a depriving them of the advice and exper- 2076, the fiscal year 1996 spending bill block granting scheme.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18167 Also, I want to once again, reiterate successful in driving down drug use by Plainfield, NJ, and I saw what the my strong support for drug-court fund- teenagers from the all-time high of 54 Community Policing Program has ing. In Denver, our drug court is a percent in 1979 to just 27 percent by meant for that town. The results have tough, law-enforcement oriented solu- 1992. been dramatic. tion to society’s drug problem. It has PRIDE has proposed a grassroots Crime has been reduced. The rela- already begun to show success. It plan focused on a renewed parent tions between the police and the com- would be a mistake to eliminate this movement in the fight against teenage munity have improved. And the whole valuable tool for enforcement of our drug use. The goal of this effort is to city has benefited. drug laws. educate parents and involve them in I’ve seen similar results in several Understanding this bill will be vetoed programs that will prevent and reduce New Jersey cities. by the President, I look forward to drug abuse by their children. PRIDE’s Mr. President, community policing working with my colleagues to reach a volunteer-based approach will allow works largely by preventing crime be- middle ground in a subsequent appro- parents to create a drug prevention fore it happens. Under the program, of- priations bill. program most suitable to the needs of ficers are encouraged to get out of Mr. COVERDELL. Mr. President, as their community. I feel strongly that their cars and onto the streets. There, the Senate considers the 1996 Com- the best solutions are found closest to they go to know the people of the com- merce, Justice, and State appropria- the problem, which in this case, is the munity and their problems. In the tions conference report, I wanted to local level. I believe PRIDE’s proposal process, they also gain citizens’ trust focus my colleagues’ attention on the is a valiant step toward preventing and confidence. The improved relationship between need to obligate substantial resources drug use among our Nation’s most vul- the police and their community has to combat the devastating increase in nerable targets—our children. Putting several payoffs. Perhaps most impor- drug use among our children. Let me an end to drug use among teenagers is tantly, officers are able to identify and take this opportunity to describe one a key component in winning the war resolve conflicts early on—before they such effort. against the drugs. erupt into violence. Community police In its annual survey of drug use by In closing, I urge the Attorney Gen- officers often know when tensions are junior and senior high school students, eral to ensure that adequate resources building between rival gangs, or be- the National Parents’ Resource Insti- are available to combat teenage drug tween a husband and a wife. And they tute for Drug Education [PRIDE] re- use. In addition, I encourage the De- can take steps to defuse these tensions ported significant increases among partment of Justice to make available teenagers for crack, cocaine, heroin, in a constructive way. discretionary grant funds through jus- By contrast, officers who don’t get LSD, non-LSD hallucinogens, tice assistance and juvenile justice pro- out of their patrol car may have no inhalants, and marijuana. grams to support PRIDE’s efforts to es- idea that violence is about to erupt The PRIDE survey found that 33 per- tablish programs involving parents in until it’s too late to do anything about cent of our high school seniors smoked our fight against teenage drug use. it—or after the fact. marijuana in the past year, and 21 per- Mr. LAUTENBERG. Mr. President, I Community policing also makes citi- cent smoked monthly. Since the 1990–91 rise in opposition to this conference re- zens feel more safe. People tell me that school year, annual reported use of port. it’s very reassuring to see an officer marijuana in junior high school has Mr. President, before I discuss my walking the beat, available to help out risen 111 percent and has risen 67 per- views on the conference report, let me if a problem arises. This increased cent in high school. There has been an begin by commending the distinguished sense of security can make a huge dif- alarming 36-percent increase in cocaine Senator from New Hampshire, Senator ference in the quality of peoples’ lives. use by high school students since 1991– GREGG, and the distinguished Senator It allows them to go out at night, to 92, which was the period of lowest use from North Carolina, Senator HOL- take their kids for a walk in the park, in recent years. If we allow this trend LINGS, for their hard work on this legis- to get to know their neighbors. to continue, teenage drug use will lation. Senator GREGG in particular These are the kind of things that reach the U.S. all-time high of 54 per- has managed to get up to speed on the Americans should be able to take for cent, in less than 2 years. Let me re- intricacies of this legislation after Sen- granted. But they can’t in today’s cli- state, we will have more kids in high ator GRAMM left the subcommittee. mate of fear. school who are on drugs than are not. That’s not an easy thing to do, and he Another benefit of community polic- Despite these alarming trends, sur- deserves real credit for his efforts. ing is that it helps to involve the police veyed teenagers report only one-third Similarly, Senator HOLLINGS, as al- in the daily lives of young people. of nearly 200,000 parents talk to their ways, has demonstrated his expertise As you know, Mr. President, many children frequently about the dangers on the programs covered in this legisla- teenagers today are growing up with- of drug use. Yet the study shows that tion, and he also deserves credit for his out fathers, and without responsible parental involvement could signifi- work. adults who can set them on the right cantly deter drug use, even among Mr. President, given the hard work of course. Community policing officers older teenagers. Among high school these two Senators, I rise to oppose the can help fill that void. Although no po- students whose parents never talk conference report with some reluc- liceman can substitute for a father, of- about drugs, 34 percent smoked mari- tance. However, I have serious con- ficers can help instill a sense of values, juana, versus 24 percent who said their cerns with the final product, and so I and can lead young people away from parents speak about drugs a lot—a rel- am left with little choice. lives of crime and drugs. ative decrease of 29 percent. Drug use I am especially concerned about the But they can’t do that if they’re just declines sharply among students whose complete elimination of funding for the sitting in their patrol cars, isolated parents frequently discuss drugs with Community Policing Program. from the community. them. Mr. President, this body previously Mr. President, a broad range of law According to the president of PRIDE, voted to fully fund the COPS Program enforcement officials have recognized Dr. Thomas J. Gleaton, the most effec- reaffirming our commitment to put- the value of community policing. In tive drug prevention program in the ting 100,000 new police officers on the fact, a national poll found that a clear world—parental intervention—is used streets. majority of chiefs and sheriffs surveyed far less than we think. Unfortunately, we apparently have called community policing the most Since last March, PRIDE has devoted now backed down in the fact of opposi- cost-effective strategy for fighting a great deal of attention to the ques- tion from the House. And this con- crime. tion of how we, as a nation, can again ference report would completely elimi- In addition, national law enforce- capture the necessary level of parental nate the COPS Program. ment organizations, including the involvement that successfully drove Mr. President, the Community Polic- Major Cities Chiefs of Police, the Na- down teenage drug use in the previous ing Program is a program that works. tional Association of Police Organiza- two decades. By active involvement in I can attest to that because I’ve seen it tions, the National Sheriffs’ Associa- the antidrug movement, parents were first hand. A few months ago, I was in tion, and the Fraternal Order of Police,

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18168 CONGRESSIONAL RECORD — SENATE December 7, 1995 all have come out strongly in support effectively balance the budget, we high as 80 percent of the total for aero- of the COPS Program. These are the should make smart cuts, and protect space research and development. people at the front lines in the battle investments that will improve our Today, this industry is a critical U.S. against crime. And they know what quality of life, will provide high-wage, economic sector, employing many works. high-skilled salaries and will maintain thousands of Americans, and exporting Mr. President, it would be a serious U.S. leadership in the global economic billions of dollars worth of American- mistake to eliminate the Community marketplace. Afterall, these are the made products. Aerospace R&D invest- Policing Program in favor of a whole reasons we are trying to balance the ments have brought a huge rate of re- new bureaucratic mechanism that does budget in the first place. turn for the taxpayer. This sector illus- not now exist, and has no track record BACKGROUND OF OVERALL TECHNOLOGY CUTS trates that investing in innovative of success. In a recent talk to directors of Fed- technologies has been a keystone to Unlike the Community Policing Pro- eral laboratories, the House Speaker the Nation’s economic growth. gram, which was worked out in lengthy listed three priorities for his view of Until now, Presidential and Congres- negotiations during last year’s crime our technology future: We should be on sional support for Government invest- bill debate, the new block grant pro- the cutting edge of defense and knowl- ment in R&D has been bipartisan. In gram in this bill hasn’t been subject to edge, We should systematically bring 1960, President Eisenhower announced serious review. We don’t know whether science to Government, and we should in his State of the Union Message, it will work. maximize the speed by which we move There also are serious questions We now stand in the vestibule of a vast from science to product. He is right new technological age—one that, despite its about how State politicians will use about this agenda. Even though it is capacity for human destruction, has an equal this money. Under the terms of the singled out in this bill for elimination, capacity to make poverty and human misery block grant, Governors could choose to Commerce’s Advanced Technology Pro- obsolete. If our efforts are wisely directed— fund building code inspectors, parking grams [ATP] fits the Speaker’s agenda and if our unremitting efforts for dependable meters, bullhorns, or even carpets for perfectly. This cut comes against a peace begin to attain some success—we can courthouses. They wouldn’t have to background of deep R&D Program cuts surely become participants in creating an hire a single new police officer. this year. The American Association age characterized by justice and rising levels of human well-being. Mr. President, there is no need to for the Advancement of Science esti- deal with these kind of questions, and mates that Congress’ current course President Eisenhower understood the variety of other problems that are will cut Federal R&D by 30 percent. science and technology and its rela- involved in creating a whole new pro- Three recent comprehensive tech- tionship to Government. He supported gram. The Community Policing Pro- nology reports explain the need for a great expansion of R&D investment gram has an established track record. Government involvement in tech- including the growth of the research It’s been up and running for some time. nology investment such as the ATP university and the creation of ARPA, And we know it works. I’ve seen the re- program. An October National Insti- the great Defense Department R&D in- sults myself. And I am sure many of tute of Science and Technology plan- novator. In 1961, Eisenhower noted my colleagues have seen similar suc- ning report in October entitled, ‘‘Tech- that: cesses. nology and Economic Growth: Implica- The free university, historically the foun- So, Mr. President, I hope my col- tions for Federal Policy,’’ points out tainhead of free ideas and scientific dis- leagues will not abandon our national that ‘‘technology is the single most im- covery, has experienced a revolution in the commitment to providing 100,000 new portant determining factor of long- conduct of research. Partly because of the police officers. Community policing huge costs involved, a Government contract term econmic growth’’; it dem- becomes virtually a substitute for intellec- will make a real difference in reducing onstrates why Government investment tual curiosity. crime, if we stick to it. Yet this con- in science and technology programs le- ference report proposes to eliminate verage similar investments in the pri- In other words, the old stereotype of the program altogether. And that vate sector. the brilliant tinkerer, laboring away in would be a serious mistake. The Council of Economic Advisers his basement, making a great techno- Mr. President, another serious prob- has just released a report entitled, logical breakthrough with no help from lem with this conference report is that ‘‘Supporting Research and Develop- the outside world is an engaging, but it virtually eliminates crime preven- ment to Promote Economic Growth: out-of-date image today. Individual in- tion programs. The Federal Government’s Role,’’ and ventors, or even private businesses act- Mr. President, it’s a cliche, but it’s it tells us just how damaging cuts in ing on their own, do not have the re- also true that an ounce of prevention is R&D will be. In November, the admin- sources necessary to keep America at worth a pound of cure. And there has istration released a white paper on the forefront of technological innova- never been a more urgent need to help technology and economic growth that tion. ensure that young people, especially, underscores this point. It reviews the I am concerned, however, that the are given positive alternatives to lives role that Government has played on a majority in Congress this year is now of crime. Arrest rates for violent bipartisan basis in supporting innova- reversing their historic course and now crimes by juveniles have risen by near- tive technologies that create high-wage plans to sacrifice the techology invest- ly 100 percent in the last decade. And job markets, to provide our citizens ment that made the United States a these arrest rates are expected to dou- with higher standards of living and to global economic leader. I admire the ble again in the next 15 years. maintain U.S. leadership in the global goal of balancing the budget in 7 years, We need to do more to reverse these economy. and I have supported legislation to trends. And yet the conference report The CEA report points out that U.S. reach that goal. But I do not support largely ignores this need. Government support in research and some of the means; including this con- I urge my colleagues to reject this development has yielded a rich history ference report, that the majority has conference report. of innovation, from Samuel Morse’s chosen to reach that end. Cutting tech- Mr. LIEBERMAN. Mr. President, I original telegraph line in 1842, to dis- nology investment is akin to throwing rise today to express my deep concern covery of DNA and the creation of the lifeboats overboard to reduce the over the cuts in programs in the Com- Internet. Investments in research and ballast of a rapidly sinking ship. Cut merce, State, Justice appropriations development have high rates of eco- technology funding, and you cut the conference report. nomic return for the Government—a heart out of our efforts to promote eco- CUTS IN COMMERCE PROGRAMS stunning 50 percent social return and a nomic growth, trade, job creation. Yet Let me turn first to cuts in the Com- 20 to 30 percent private rate of return. that is what the majority’s budget will merce portion of the bill. Most of us The effect of Government technology do by slashing research and develop- agree that we must balance the budget, investment on the American people is ment funding by one-third by the year but let us avoid the trap of being penny clearly illustrated in the aerospace in- 2002, at a time when other industri- wise and pound foolish in this process dustry. Even as recently as the late alized countries—our competitors—are of making cutbacks. In our efforts to 1980’s, Federal investments were as increasing their technology budgets.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18169 Some like to say that Government Historically, the private sector have ‘‘created over 19 new jobs during should run more like a private busi- moves in the same direction as the 1995 directly related to the ATP pro- ness. Well, imagine you are the head of Government sector with regard to R&D grams, with 15 in Connecticut, and will AT&T, and you see MCI pouring mil- investments. Trends in Federal re- create scores of additional jobs in Con- lions into R&D. Do you say, ‘‘Great. search and development support cycles necticut and the United States.’’ Since Let us cut our R&D budget, and that correlate closely with private R&D; as the R&D will provide a foundation for will improve our bottom line?’’ If you Federal investment expands, the pri- products that can be commercialized. did that, the board of directors would vate sector responds with a subsequent He adds that companies like CuraGen have your head. increase in R&D spending. So the Fed- would not be effective players in the The Japanese Government, one of our eral investments leverage private sec- global market competition without the chief competitors, intends to double its tor investments. The CEA study warns, support of ATP. technology investment in the coming therefore, that the upcoming cut in Edward Dohring, the president of Li- years. And we are going to respond to Federal R&D will likely lead to cor- thography Systems, Inc., in Wilton, that challenge by cutting our tech- responding reductions in private sector CT, wrote to me in support of ATP, em- nology investment? I fear that these R&D. phasizing the merits of the fair selec- discrepancies in investing trends will The administration’s white paper on tion process which is entirely based on do real harm to U.S. exports and to our R&D investments points out that ‘‘the technical and business merit. He adds: economy as a whole. According to the Republican budget puts American tech- Half of all ATP awards and joint ventures Office of Technology Policy, the Amer- nological and economic leadership at fo went to small business directed partner- ican high-technology trade balance, grave risk’’ and ‘‘this is exactly the ships * * * and quality proposals in pursuit after being a key factor for years in wrong time to cut investment in of ATP funds far outstrip the funds avail- U.S. economic growth, is now deterio- R&D.’’ The white paper argues that we able. Without ATP, the technological oppor- tunities would be slowed, or ultimately for- rating rapidly, with an abrupt shift must protect key investments in re- feited to foreign competitors more able to from a surplus of $26.6 billion in 1991 to search, education and technology while make key investments in longer term, high- a deficit of $4.3 billion in 1994. With se- balancing the budget. er risk research, such as is the focus of ATP. vere budget cuts in technology and a ATP ATP stimulates economic growth by diminishing trade performance, Amer- In 1991, Alan Bromley, the science ad- developing high-risk innovations and ica will loose its footing on the high- viser during the Bush administration, by enabling technologies through pro- technology global market ladder. developed a list of critical long-term, posed and cost shared by industry. U.S. In his book, ‘‘Blindside: Why Japan Is high-risk technologies which should re- Government investment in research Still on Track to Overtake the U.S. by ceive Government and industry atten- and development is in peril at a time the Year 2000,’’ Eamonn Singleton lists tion and support. From these initial when our competition is increasing its technologies that have been commer- ideas, ATP was established to provide a support. Cuts in R&D are bad news for cialized and are the chokepoints that cost-sharing mechanism to support America’s future. Last month, the Con- Japanese industries now control in the new, world-class products, services and gress approved conference reports that electronics industry: flat panel dis- industrial processes projects valuable reduced both the Department of Trans- plays, compact disc players and CD- to Government users, that would also portation’s research, development, and ROM drives, notebook computers, stimulate U.S. economic growth. These technology programs and the Depart- semiconductor materials and equip- industry-government partnerships ment of Energy’s alternative energy ment, cellular phones and pagers, fax evolve from industry-proposed ideas for R&D programs by 30 percent from the machines and laser printers. A Japa- viable new, innovative technologies President’s budget request. The CEA nese technology expert notes that the which are managed by industry, in- report confirms that Federal invest- ‘‘silicon revolution promises as big a volve significant university participa- ments in R&D have a significant im- transformation in the world economy tion and are cost shared with NIST. pact on high-wage jobs and maintain- as all of the other technologies devel- ATP equals industry-driven, fair com- ing U.S. leadership in the global econ- oped since the 18th century put to- petition, partnership, and evaluation. omy. Now is not the time to drop out of gether.’’ These are all technologies ATP does not fund product develop- the global R&D race and wander down where the initial advances originated ment initiatives. Tax credits are not a a path toward technology bankruptcy. in the United States. Outside of the substitute for the ATP. Without gov- We need to protect our R&D invest- electronics field, Japan’s technology ernment cooperation, these types of ments, maintain our strong base and advantage has enabled it to take a lead precompetitive projects would other- build upon our technology infrastruc- in a long series of economic sectors in- wise be ignored or developed too slowly ture so that America will remain an cluding auto parts, auto industry man- to effectively compete in the global en- economic world leader. Eliminating ufacturing machinery, molds and dyes, vironment. ATP, as this conference report pro- cameras, medical and scientific instru- ATP programs have already begun to poses, is a grave error. ments, musical instruments, and con- establish niches in the marketplace OTHER TECHNOLOGY PROGRAM CUTS struction equipment. This is not the creating new jobs for Americans, in- This bill also contains large cuts in moment to cut back on U.S. R&D. cluding the small- to medium-sized the National Information Infrastruc- The Council of Economic Advisers re- business sectors. For example, in my ture grants program which helps sup- port reveals that the United States has State of Connecticut, CuraGen Corp. ply community services with advanced fallen behind Japan and Germany in its has received two 3-year, ATP awards in communications equipment to promote cumulative nondefense research ex- 1994 for unique ideas that are designed better health care, local government penditures as a percentage of GDP for to combat serious illness as well as to efficiency, and education services. the past 20 years. More serious, the diagnose and prevent disease. Edward Funding for the GLOBE Program CEA study shows that the United Rothberg, the chair of the board of which promotes understanding of States by the end of the decade will Laticrete International, Inc.: wrote to science and environmental science in also be behind Japan in actual annual me saying that schools would be zeroed out in this bill. funding spent on nondefense R&D. This The greatest benefit of this (ATP) program Commitments made to the joint is a dangerous development in an area is the development by CuraGen . . . to pro- projects of the United States-Israeli where the United States has long relied vide the means to attack and eventually Science and Technology Commission on a comparative economic advantage. cure serious illnesses that result in a high by Commerce’s Technology Adminis- number of deaths from cancer, and hundreds Though we are leaders in telecommuni- of billions of dollars spent for drugs to con- tration would also be hampered by the cations, semiconductors, and com- trol illness. A few million invested in re- reductions in this bill. Two other pro- puters now, we well may soon stand be- search to prevent illnesses will save a grams: the Manufacturing Extension hind other industrial countries if they hundredfold the investment in drugs that Program and the Economic Develop- continue to put their money where the only maintain, but do not cure them. ment Administration Defense Conver- jobs are and if we begin to pull our According to Gregory Went, the vice sion program will also be compromised money back. president of CuraGen, these two awards if this bill is passed.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18170 CONGRESSIONAL RECORD — SENATE December 7, 1995 CUTS IN JUSTICE PROGRAMS leadership, since they reach people we will have another opportunity to The conference report also undoes around the world living under repres- address this topic. I urge conferees to much of the good work we accom- sive governments or in emerging de- reconsider this provision and to elimi- plished in passing the 1994 anticrime mocracies. I was also disappointed to nate this unnecessary and unhelpful bill. It takes the COPS program—an see support for the National Endow- encroachment on the President’s power extraordinarily successful program ment for Democracy reduced even mod- to conduct foreign policy. that has been putting thousands more estly. Mr. THURMOND. Mr. President, I police on the streets of our commu- World leadership is a responsibility rise today in support of the language nities quickly and efficiently—and which is not free. But the financial included in this conference report turns it into a smaller, State block cost for effective American diplomacy, which reprograms money to establish a grant program. There are no guaran- formal and public, is a reasonable price Border Patrol training facility at the tees under the conference report that to pay for the continued U.S. leader- Charleston Naval Base. This announce- States will use those dollars to put ship in the world which is so important ment was made back in July of this more police on the streets. As I under- to the safety and prosperity of every Year after the Department of Justice stand it, they have discretion to put American. completed a competitive evaluation of these Federal dollars to use for general I cannot support this Commerce, several active and former Department law enforcement purposes. Experience State, Justice conference report. It of Defense facilities. In August, Con- tells us that fewer police will be funded strips funds needed to fight the war on gress approved the reprogramming re- under such an approach. And every crime, to develop the technology that quest that was sent by the Department study tells us, and my constituents will be a keystone to our economic fu- of Justice for this facility. During con- certainly have let me know, that what ture, and to undertake basic foreign ference on this appropriations measure, we need to feel safer and be safer in policy tasks. the committee voted by an over- their communities is more police walk- RESTRICTING THE UNITED STATES GOVERNMENT whelming majority of 11 to 1 to put the ing beats. I am strongly opposed to GROWTH OF UNITED STATES-VIETNAM RELA- Border Patrol training facility in TIONS drastically altering this program, and Charleston. particularly doing so on an appropria- Mr. BOND. Mr. President, one provi- It is expected that this facility will tions bill. sion in the Commerce, Justice, State train up to 2,400 agents over the next 3 appropriations bill that I oppose is the CUTS IN FOREIGN AFFAIRS years. Also, approximately 60 full-time The bill also does not adequately language that prohibits the Depart- instructors will be employed to con- fund foreign affairs functions essential ment of State from spending any funds duct the training. Mr. President, to expand our diplomatic relations to American engagement in the world Charleston is an ideal location for this with Vietnam until the President cer- and pursuit of our interests abroad. facility. It is only about 2 hours from tifies that Vietnam is fully cooperating While the funding levels are higher Glynco, GA, where the Border Patrol with the United States in four areas re- than in the original bill, they remain has its main training facility, and the lating to POW/MIA’s: First, resolving inadequate, funding for State Depart- naval base has readily available and discrepancy cases, live sightings and ment operations—American diplomacy convertible facilities to use for this field activities; second, recovering and and services for American citizens and project. The facilities, climate, and repatriating American remains; third, companies around the world—is set friendly community make Charleston accelerating efforts to provide docu- below last year’s levels. The President an ideal location for the Border Patrol ments that will help lead to the fullest had requested an increase in order to possible accounting of POW/MIA’s; and School. Mr. WELLSTONE. Mr. President, the keep necessary foreign posts open, re- fourth, providing further assistance in conference report the Senate is cur- place antiquated computer equipment implementing trilateral investigations rently considering does some weighty and maintain U.S. assets. with Laos. The funding levels for international I must say that I am somewhat damage to the 1994 Violent Crime Pre- organizations are grossly insufficient dumbfounded as to why we would in- vention Act passed by a bipartisan to meet our obligations and our na- clude this provision. In fact, the Presi- Congress last year. It would dismantle tional interests. The United Nations, dent certified these four criteria this the Community Oriented Policing NATO, and other organizations carry past summer, when he made the deci- Services [COPS] Program, block grant out activities—from peacekeeping and sion to move forward on full diplo- it, and combine it with the crime pre- nonproliferation to control of epidemic matic relations with Vietnam. vention block grant into one big block diseases and protection for human I certainly understand that there are grant. It would also cut funding for the rights—which directly serve America’s many who disagree with that move, resulting block grant. Along the way it national interests. but the fact is that as President, he has destroys funding for child safety cen- Many of these international organi- the authority to conduct foreign af- ters. The bill does fully fund the Vio- zations need management reforms fairs, and it is not appropriate for us to lence Against Women Act, also known similar to the reinventing Government try to undercut him. as VAWA, and for that I am grateful. exercise which Vice President Gore is Shortly after the President moved Mr. President, I want to begin my leading within the U.S. Government. forward with full diplomatic relations, statement by focusing on the positive, But our diplomats cannot effectively a vote was taken in the Senate on and by congratulating my colleagues pursue these reforms, and reduce the whether additional sanctions should be for deciding to fully fund VAWA. The expenditures of these organizations, if imposed against Vietnam. By an al- conference report restores the $76 mil- the United States is not a responsible most 2-to-1 margin, the Senate voted lion for VAWA that the House would member. For some functions, such as that no, we should not implement any have cut. VAWA funds are of vital im- U.N. peacekeeping, U.S. arrearages more sanctions on Vietnam. Let me re- portance to this nation. VAWA funds have already impeded sound manage- peat that. By nearly 2-to-1, we in the training for police, prosecutors, and ment and cost-efficient procurement. Senate said ‘‘no more sanctions on victims advocates to target family vio- The United States must be a respon- Vietnam.’’ lence and rape; programs to reduce sex- sible member of the international com- The President made the right deci- ual abuse and exploitation of young munity. We should pay our debts. It sion in moving forward with full diplo- people; training for judges and prosecu- does not make sense to build up arrear- matic relations. This provision would tors on victims of child abuse; training ages to the U.N. and other organiza- threaten those new relations without for State court judges on rape, sexual tions which we will need to pay off in in any way helping to meet its goal of assault, and domestic violence cases, the coming years as we move toward a resolving MIA cases. Moving forward and programs to address domestic vio- balanced budget. with relations and increasing bilateral lence in rural areas. Public diplomacy programs are also contacts is the best way of achieving Last year, $240 million was promised severely underfunded in this bill. The that goal. by Congress for the Violence Against international broadcasting programs It appears almost certain that this Women Act [VAWA] programs for fis- managed by USIA are critical for U.S. bill is headed for a veto, which means cal year 1996—$176.7 million for VAWA

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18171 programs administered by the Depart- I thank my colleagues for protecting munities. It is very flexible. Local ju- ment of Justice, and $61.9 million for this program. I wish that the rest of risdictions can work with the Justice VAWA programs administered by the the conference report reflected such Department to meet their particular Department of Health and Human concern on the part of my colleagues needs. The Justice Department has Services. for preventing crimes. acted swiftly, has minimized the paper- All of this is funded out of $4.2 billion Unfortunately, the conferees have de- work, and has staffed 800 numbers for provided by the Crime Trust Fund in cided to block grant COPS and to com- immediate assistance. It is not sur- 1996. Funding in the Crime Trust Fund bine it with local community crime prising, therefore, that approximately comes from eliminating 123,000 Federal prevention block grants. There are 200 Minnesota jurisdictions have par- jobs and cutting domestic discre- may serious problems with this ap- ticipated in this program. What’s more, tionary spending. Full funding of the proach. Attorney General Janet Reno has cre- Violence Against Women Program has In passing the crime law last year, ated a new effort at the Department of no effect on the budget deficit and re- Congress authorized $75.9 million for Justice to target some of these new quires no new taxes. Now, I want my local community crime prevention cops on the beat to help address domes- colleagues to clearly understand what block grants for fiscal year 1996, and tic violence. this all means. Last year, we as a coun- $1.85 billion for COPS. Instead of fully Having more cops involved in com- try decided that addressing crime was funding both individual programs, the munity policing fighting crime means a top priority. We decided that savings conference report that is before us cre- less crime. It is as simple as that. In from streamlining the Federal Govern- ates a single block grant, combining only a short time the COPS Program is ment and cutting other domestic pro- both the COPS program and the pre- already delivering on its promise of grams would go to fight crime. vention block grants and funding the providing more police officers in a very As a country we made a commitment result, the local law enforcement block cost effective, flexible manner. Not to breaking the cycle of violence and grant, at $1.9 billion, about $25 million surprisingly those on the frontline in see that a person’s home is the safe less than the two programs would have the fight against crime have only place that it should be. As of today, we cost individually. praise for this program. Police chiefs, are still living up to that commitment, First of all, I believe that this block sheriffs, deputies, and rank-and-file po- by supporting this program. grant approach would open the door to lice officers all support this effort to I must also commend my colleagues funding anything under the sun that a put more police in communities. on the Appropriation Subcommittee on governor determines is law enforce- But now this very successful and pop- Labor/HHS for their efforts and wisdom ment or crime prevention. And it effec- ular crime-fighting program is under in fully funding the Violence Against tively could eliminate all crime pre- attack by Republicans who have con- Women Act program under their juris- vention that was envisioned by the 1994 verted its funding into a block grant. diction. crime bill. For when law enforcement The conference report block grant plan We must remember all the programs is pitted against crime prevention ef- does not stipulate that the money in the Violence Against Women Act are forts, law enforcement always wins. must be spent on hiring cops. Instead, a package. Senator BIDEN and others The only specifically earmarked crime the money can be redirected to fund worked for 5 years on this piece of leg- prevention money left is now the Vio- restaurant inspectors, parking meters, islation. All the pieces of it fit to- lence Against Women Act. Out of an al- radar guns—and any other of a host of gether. They all must be in place for it location for the Department of Justice things. to work effectively. For example, we of $14.5 billion dollars, only $175 million The money ought to be spent the way can encourage arrests by police officers is directly targeted to the prevention it was intended and the way law en- but if they are not properly trained to of crimes. forcement officials want it spent: to understand the dynamics of domestic This, I say to my colleagues, turns hire police officers. The Nation’s major violence, an arrest could make the sit- the clock back on the commitment we police enforcement organizations all uation more explosive. Likewise, if made last year to help communities agree on this point. more batterers are being arrested but which are both fighting and trying to We all know that crime is one of the judges are not trained to understand or prevent crime. great plagues of our communities. Peo- take domestic violence seriously, While I am on the subject of ignoring ple in the suburbs and people living batterers are likely to go free or be our commitments, in addition to gut- downtown are afraid—they are afraid charged with lesser offenses. ting prevention programs, the con- to go out at night, they are afraid to Violence Against Women Act pro- ference report guts the very center- venture into the skyways, they are grams deserve the funds we are giving piece of the 1994 crime law—COPS, afraid to leave their cars parked on the them. Anything less would have re- which provides money for hiring, over 5 street. We also all know that having a sulted in a betrayal of the bipartisan years, 100,000 more police officers to pa- larger police presence helps deter the promise Congress made. Domestic vio- trol our Nation’s streets. To date, very crimes that people fear the most. lence must continue to be a priority for under this program, more than 25,000 Buying more parking meters, radar national crime-fighting efforts. police officers have been hired—in Min- guns, or hiring more restaurant inspec- We know all too well that violence in nesota alone, 354 new cops have been tors does not address this plague nor the home seeps out into our streets. If funded, and Minnesota has applied for address peoples’ legitimate fears. we do not stop the violence in the 128 more. Importantly, each of these of- It is peculiar that the party that home we will never stop it in the ficers were hired to be on the beat, not claims to be tough on law and order is streets. We knew this when we passed in the office. proposing as one of their first steps to the crime bill last year and it is still At a time of very tight budgets, the change a successful, cost-effective law true today. money for both the COPS Program and and order program—one that ought to As I travel and meet more and more the crime prevention block grant come have broad, bipartisan support. women and children who are victims of from savings achieved by reducing the Crime prevention was also an essen- domestic violence, I become even more Federal bureaucracy. None of these tial element of the crime bill. Despite outraged that a woman’s home can be new police officers or crime prevention the fact that at each step of the way in the most dangerous, violent, or deadly programs are adding an additional bur- passing the crime bill prevention pro- place she can be; if she is a mother, the den on the taxpayer. We as a Congress, grams got watered down, in the end we same is true for her children. It was and indeed a country, made fighting decided that crime prevention had to with the passage of the Violence crime a top priority last year when we be part of that bill. Against Women Act that Congress said, decided to use the savings from stream- Two years ago, when Congress began loud and clear, it is time to stop the lining the Federal Government and consideration of the crime bill, we cycle of violence, it is time to make from cutting some domestic programs started with a substantial portion of homes safe again, and it is time to help for fighting crime. the crime bill addressing prevention; communities across the country deal The COPS Program is a good pro- after all, prevention is crime control, with this crisis. gram. It is reaching and helping com- stopping crime before it ever happens.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18172 CONGRESSIONAL RECORD — SENATE December 7, 1995 It, by the way, included something get serious about reducing violence in Supervised visitation centers would: that I think is extremely important— the home, do not believe for a moment Provide supervised visitation for supervised visitation centers. A model that we are going to stop the cycle of families where there has been docu- that I brought from Minnesota to help violence. mented sexual, physical, or emotional families with a history of violence, Mr. President, I believe that a highly abuse. which I will discuss in a moment. trained police, highly motivated, com- Provide supervised visitation for Ultimately, we ended up with a crime munity-based, sensitive to the people families where there is suspected or bill that included a block grant to the in the communities, can make a dif- elevated risk of sexual, physical, or States for prevention programs—the ference. They are wanted and they are emotional abuse, or where there have local community crime prevention needed. But the conference report we been threats of parental abduction of block grant. And, funding was not even are considering today will do nothing the child. authorized until fiscal year 1996. We to prevent the criminal of tomorrow. Provide a safe and neutral place for haven’t even given it a chance to work And indeed without more cops on the parents to visit with children who have and get into communities—the only beat it may not do much to fight the been put in foster care because of abuse provision in the crime bill other than criminals of today. and neglect. VAWA that was intended to prevent Every 5 seconds a child drops out of Provide a safe location for custodial crime, one of the few provisions that school in America. This is from the parents to temporarily transfer cus- was not funded until next year. Children’s Defense Fund study. Every 5 tody of their children to non-custodial The local crime prevention block seconds a child drops out of a public parents. Serve as an additional safeguard grant, like the COPS program, was sup- school in the United States of America. against children witnessing abuse of a posed to provide a lot of flexibility to Every 30 seconds a baby is born into parent or sustaining injury to them- the States and communities. Under poverty. Every 2 minutes a baby is selves. this block grant communities could born with a low birthweight. Every 2 minutes a baby is born to a mother The Child Safety Act would have sup- have determined what types—within a ported the establishment and operation general list of about 14 different ideas— who had no prenatal care. Every 4 minutes a child is arrested of approximately 30 centers across the of prevention programs to fund, and United States. The Child Safety Act re- which prevention plans fit their com- for an alcohol-related crime. Every 7 minutes a child is arrested for selling quires grant recipients to submit an munity the best. But this block grant annual report to the Secretary of was for prevention, nothing else. And, drugs. Every 2 hours a child is mur- dered. Every 4 hours a child commits Health and Human Services on the vol- as I stated earlier, it had not even had ume and type of services provided at a chance to be implemented. This com- suicide, takes his or her life in the United States of America. And every 5 the supervised visitation center. Twen- ing year would have been the first year ty percent of the grants made under funding would actually go to help com- minutes a child is arrested for a violent crime. the Child Safety Act would support the munities. Mr. President, if we do not continue establishment of special visitation cen- But instead these 14 programs are to be serious about the prevention ters created to study the effectiveness now left to compete for funds with po- part, we are not going to stop the cycle of supervised visitation on sexually and lice stations and mayors’ offices and of violence. severely physically abused children. jail. The money will never make it to All too many young people are grow- These centers would be staffed with community prevention efforts. ing up in neighborhoods and commu- qualified clinicians and would have en- If we were to listen to people in the nities in our country where if they hanced data collection capabilities. communities that are most affected by bump into someone or look at someone From the reports submitted by grant the violence, they would tell us that the wrong way they are in trouble, recipients, the Secretary would prepare money has to go to prevention. You where there is too much violence in and submit a report to Congress on the have to put some resources toward their homes, where violence pervades effectiveness of supervised visitation making sure our young people have op- every aspect of their life. And people centers. portunities. How interesting it is that who grow up in such brutal cir- Mr. President, because this program those who would essentially eliminate cumstances can become brutal. And is unenumerated it doesn’t stand a these prevention programs do not come that should not surprise any of us. chance in competition with other, es- from those communities, do not know Prevention and law enforcement— tablished entities under the conference the people in those communities, and I both essential elements of any crime report’s block grant. Mr. President, do not think asked the people in those fighting effort. These two should not there is nothing that will replace this communities at all what they think have to compete with each other for program. There is no one who will step should be done. funding, nor should funding be cut for in and take care of these children. Mr. President, I can just tell you either. There is no one who will try to make that in meeting with students, stu- Which brings me to the most painful these families whole. The communities dents that come from some pretty part of my statement today. This new trying desperately to repair themselves tough background—students at the block grant takes away funding for will get no help from us. Work Opportunity Center in Min- child safety centers. By discarding Mr. President, for this and the other neapolis, which is an alternative local community crime prevention reasons I have discussed today, I have school, young students who are moth- block grants, which would have pro- severe reservations regarding this con- ers and others who come from real dif- vided funding for child safety centers ference report. ficult circumstances, all of them said specifically as one of its 14 prevention Mr. BRADLEY. Mr. President, I rise to me: You can build more prisons and programs, the conference report dis- in opposition to H.R. 2076, the Con- you can build more jails, but the issue cards this program as well. ference Report Making Appropriations for us is jobs, opportunity. You will Child safety centers were created by for the Departments of Commerce, Jus- never stop this cycle of violence unless the Child Safety Act, which became tice and State. This bill would elimi- you do something that prevents it in law in 1994 as part of the crime bill. It nate the Community Oriented Policing the first place. authorized funds to create supervised Program [COPS] and replace it with a Then I turn to the judges, the sher- visitation centers for families who block grant program. By gutting a pro- iffs, and the police chiefs, and I call have a history of violence. gram that has proven effective in put- them on the phone in Minnesota, and I The prevalence of family violence in ting police officers on the streets to ask them what they think. And they our society is staggering. Studies show interact with community residents, say yes we need community police and that 25 percent of all violence occurs Congress is reneging on a promise that yes we need the other parts of the among people who are related. Data in- was made to the American people last crime law, but they all say, if you do dicates that the incidence of violence year to aggressively attack the epi- not do something about preventing in families escalates during separation demic of crime. crime, if these young people do not and divorce. Many of these assaults In August of last year, Congress have these opportunities, if we do not occur in the context of visitation. passed the $30.2 billion Violent Crime

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18173 Control and Law Enforcement Act of zens problems that merit attention, GENDER BIAS STUDIES IN THE COURTS 1994, the largest, most comprehensive such as prostitution, illegal dumping, Mr. SIMON. Mr. President, I rise piece of legislation in the history of and loud music which creates a public today to discuss one of the remaining this country. The centerpiece of the nuisance. The officers then solve the barriers to equal justice in our State crime bill is the Community Oriented community problems. The cops on the and Federal judicial proceedings—bias Policing Services Grant Program beat also handle citizen concerns that by judges and court personnel, and in [COPS], a six year, $8.8 billion crime traditionally fall outside the realm of particular, gender bias. I, and my col- fighting program designed to put police activity, such as repairing leagues from Massachusetts and Dela- 100,000 law enforcement officers on the streets, towing abandoned cars, and ware, Senators KENNEDY and BIDEN, streets. I provided a jumpstart for the razing abandoned buildings. The police strongly believe that funds appro- community policing initiative in the department reports that community priated for the Federal judiciary, as set crime bill when I introduced a bill in policing has have a significant impact out in title III of the fiscal year 1996 March of 1993 that authorized a major on providing citizens with safer com- Commerce-Justice-State appropria- new expansion of community policing. munities and an enhanced confidence tions conference report, should be used Mr. President, in 1 year, roughly 80 in the police force. to study bias in the courts, if any, and percent of the police departments in Mr. President, this legislation pro- to educate judges and court personnel the country have been authorized to vides that the block grant funding can about this barrier to equal justice in hire or redeploy almost 26,000 officers be used for basic law enforcement func- the courts. for community policing. To date, Mr. tions, which can include prison guards, As enacted, the Violence Against President, over 300 New Jersey jurisdic- meter maids, file cabinets and parking Women Act includes a provision—the tions have received more than 670 addi- meters. There is no guarantee that one Equal Justice for Women in the Courts tional cops to walk the beat. Over the police officer will be hired to stand Act—that authorizes and encourages next 5 years, New Jersey can expect to with community residents to fight each of the Federal judicial circuits to receive a total of about $250 million in crime. I am reminded that when Con- conduct studies of the instances, if community policing grants to hire ap- gress debated the crime bill, critics of any, of gender bias in the courts and to proximately 2,800 officers on the beat. community policing argued that it was implement appropriate reforms. These Mr. President, community policing impossible to put 20,000 police officers studies were intended to examine the involves establishing a close relation- on the streets over the life of the crime effects of any differential gender-based ship between community residents and bill. However, in approximately one treatment in areas such as the treat- the entire police department. This en- year, almost 26,000 cops have been de- ment of litigants, witnesses, attorneys, hanced relationship will result in bet- ployed to walk the beat and rid com- jurors, and judges, the services and fa- ter law enforcement by putting more munities of crime. Mr. President, a cilities available to victims of violent cops on the beat to stop trouble before year ago a promise was made to put crime and the selection, retention, pro- it turns into violent crime. Community 100,000 police officers on the streets motion, and treatment of employees. policing also will improve the overall within 6 years. We are well on the way In addition to authorizing the circuit quality of life of community residents to fulfilling this promise. However, if studies, the act also requires the Ad- by involving all police personnel in Congress kills the community policing ministrative Office of the United community activities. program—a program that has proven States to act as a clearinghouse to dis- In my talks with the citizens and law hugely effective in combatting crime— seminate any reports and materials enforcement officers in New Jersey, I the guarantee that Congress will make issued by these gender fairness task have been told that the Community to the American people is that their se- forces. The act also requests the Fed- Policing Program is improving the curity is no longer a priority issue. eral Judicial Center to include in its quality of life by making neighbor- educational programs, such as training hoods and communities safer. For ex- Mr. President, Congress has had past programs for new judges, information ample, in Woodbury, NJ, Chief Carl experience with block grants in the related to gender bias in the courts. Kinkler has reported that the one po- Law Enforcement Assistance Adminis- These circuit-by-circuit studies were lice officer hired under the COPS Pro- tration Program. I would like to re- included in the act after the Senate Ju- gram has made a tremendous dif- mind my colleagues that this program diciary Committee unanimously ac- ference in the quality of life in the had to be terminated because of waste. cepted an amendment that I had of- city. The hiring of the officer has al- We should not make the same mistake fered. In passing the Violence Against lowed the department to deploy two of- today by eliminating a highly success- Women Act, Congress recognized the ficers to patrol a problematic commu- ful program that to date has funnelled need for research of this kind and the nity where open air drug dealing has Federal money directly to approxi- importance of disseminating the re- been prevalent. During the last 3 mately 80 percent of police depart- sults of such research throughout the months, 11 major drug arrests have ments around the country to enable judicial system. taken place and open air drug dealing those departments to deploy officers on The importance of these studies ex- has declined by 90 percent. According the beat to form a partnership with tends well beyond their actual results. to Chief Kinkler, deploying cops on the community residents to fight crime. For example, the Hate Crimes Statis- beat has allowed the city of Woodbury Mr. President, the community polic- tics Act, which I authored and which to allow the residents of this commu- ing program has been immensely suc- President Bush signed into law in 1990, nity to take control of their neighbor- cessful and is supported by the law en- requires the Justice Department to col- hood. forcement community, including the lect data on crimes based on race, reli- In Newark, NJ, the community polic- Federal Law Enforcement Officers As- gion, ethnicity, and sexual orientation. ing program has been enormously suc- sociation, the Fraternal Order of Po- Oversight hearings on the implementa- cessful. Officers patrol neighborhoods lice, the International Brotherhood of tion of that act demonstrated that one on foot, and in those areas requiring Police Officers, the National Associa- of its many benefits was to dramati- acute attention, Neighborhood Sta- tion of Police Organizations, the Na- cally increase the awareness and sensi- bilization Units have been set up. tional Organization of Black Law En- tivity of the police about hate crimes. These units are literally mobile police forcement Executives, the National In this case, requiring circuit courts to stations, in which police officers in a Troopers Coalition, the Police Execu- study gender bias would have the same specially equipped van drive into an tive Research Forum and the Police beneficial effect of increasing the area and set up a police station in the Foundation. In addition, 65 percent of awareness and sensitivity of judges and community. the American people support funding court personnel about gender bias. In addition to solving and deterring for more police officers. I urge my col- While some of my colleagues may crime, Newark police indicate that of- leagues to stand with the American disagree, I strongly hope that, as au- ficers on the beat have been instru- people in opposition to this bill and thorized by Congress, the Federal judi- mental in dealing with quality of life preserve the community policing pro- ciary will issue the reasonable funds issues. The officers solicit from citi- gram. appropriated under this act to fulfill

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18174 CONGRESSIONAL RECORD — SENATE December 7, 1995 the purposes of the Equal Justice for and investigations of bias in the courts as this—that are critical to the admin- Women in the Courts Act and achieve are consistent with that important istration of justice. the ultimate goal of our Federal judi- goal. The Judicial Council of the U.S. Mr. BIDEN. I wish to thank the Sen- cial system—equal justice for all. Court of Appeals for the Eighth Cir- Mr. KENNEDY. I thank the Senator ators from Illinois and Massachusetts cuit, which includes the State of Ne- from Illinois for his remarks, with for their remarks on this important braska, voted unanimously to conduct which I fully agree. There should be no subject. The Violence Against Women a bias study. The council’s vote does disagreement on the need to take steps Act is the first comprehensive measure to identify and eliminate any gender- aimed at making our Nation’s streets, not reflect any doubt about the talent or race-related bias in our judicial sys- college and university campuses, and or integrity of any judge on that court, tem. We must not tolerate any barriers homes safer for women. Following ex- but rather reflects their commitment to equal justice in our State and Fed- tensive hearings, the Judiciary Com- to the identification and elimination of eral judicial proceedings. More than 40 mittee unanimously approved the act, bias where it exists, and their recogni- State and Federal court systems have and Congress passed this landmark leg- tion of the importance of that task to conducted studies of gender bias in islation. preserving the integrity of our judicial their courts. In part in reaction to Subtitle D of the act, entitled ‘‘Equal system. some of the State court studies, the Justice for Women in the Courts,’’ was As a member of the Appropriations 1990 report of the Federal Courts Study an important part of that legislation. Subcommittee on Commerce Justice, Committee supported educational pro- As described by my colleagues, this State and Judiciary, I fully support the grams on bias for judges and court per- provision encourages the circuit judi- use of Federal funds for the continu- sonnel. The Study Committee found cial conferences to conduct studies of ation of this effort to improve the jus- that many task force studies at the gender bias within their respective cir- tice system in the eighth circuit and State level revealed the presence of cuits and to disseminate their results. other Federal circuits. gender bias in State judicial pro- By enacting this provision, Congress Mr. BRADLEY. I wish to join my col- ceedings. The 1990 report concluded, intended to promote a greater under- leagues in their support for the con- ‘‘[w]e believe education is the best standing of the nature and extent of tinuation of the work of the Federal ju- means of sensitizing judges and sup- gender bias, to educate judges, and, ul- diciary in studying the existence, if porting personnel to their own possible timately, to reduce any bias. The inappropriate conduct and to the im- Equal Justice for Women in the Courts any, of gender bias in the courts. portance of curbing such bias when Act takes us one step closer to achiev- I am proud to say that in 1982, the shown by attorneys, parties, and wit- ing and maintaining equal justice Chief Justice of the Supreme Court of nesses.’’ under the law. It is an important part New Jersey established the Nation’s The Judicial Conference of the of an overall effort to ensure meaning- first task force on gender in the courts. United States has endorsed the need ful protection of the rights of those Now, the majority of States have com- for gender bias studies three times. In who were victimized by sex crimes, do- missioned gender task forces and 1992, the conference adopted a resolu- mestic violence, and crimes of violence issued reports of their findings. In gen- tion noting that ‘‘bias, in all its forms, motivated by gender. eral, these studies have identified some presents a danger to the effective ad- A majority of the Federal circuits problems in the State courts and iden- ministration of justice in Federal have already established gender bias tified steps that can be taken by the courts’’ and encouraging each Federal task forces. Some circuits have ex- bench and bar to improve the fair circuit not already doing so to ‘‘spon- panded the mission of the task forces treatment of attorneys, litigants, and sor education programs for judges, sup- to include the study of racial and eth- employees. porting personnel and attorneys to sen- nic bias issues as well. I strongly be- No one should question the impor- lieve that these studies and related sitize them to concerns of bias based on tance of ensuring that our Federal race, ethnicity, gender, age, and dis- education and training programs are courts truly function as fair, neutral ability, and the extent to which bias critical to understanding whether adjudicators. Toward that end, the may affect litigants, witnesses, attor- there is any disparate treatment in the Federal courts should be commended neys, and all those who work in the ju- courts and, if so, what steps the courts for taking the steps to identify and, dicial branch.’’ In 1993, the conference’s should take to address it. where it exists, to eradicate, gender ‘‘Resolution on the Violence Against Task forces on gender, racial and eth- bias in decisionmaking, employment, Women Act,’’ endorsed the gender bias nic issues have been endorsed by, and the treatment of individuals. The studies provision as having great among others, the National Commis- work of these gender fairness task merit. And earlier this year, the con- sion on Judicial Discipline and Re- ference approved a report of its Court moval, the Long Range Planning Com- forces may not always be popular. The Management Committee that encour- mittee of the Federal Courts and, as work may not always be comfortable aged the study of gender and race bias noted by my colleagues, the Federal for some. But in the end, their work by the Circuit Judicial Councils. Courts Study Committee and the Judi- will help ensure that the courts are, When we passed the Violence Against cial Conference of the United States. and are perceived to be, fair to all liti- Women Act last year, we encouraged As ranking member of the Judiciary gants. such studies, a policy that remains in Committee, and as the author of the I agree with Senators SIMON, KEN- force unless it is repealed or altered by Violence Against Women Act and the NEDY, BIDEN, and KERREY that the Fed- a subsequent statute. But even without 1994 crime bill, I wish to join my col- eral judiciary is fully authorized under our encouragement, the judiciary re- leagues in expressing my strong intent, the Violence Against Women Act to tains inherent authority to investigate that the Federal judiciary is author- conduct these important studies and bias in the courts. It strikes me as an ized to use funds appropriated for vio- that the allocation to the judiciary inappropriate intrusion into the inter- lent crime reduction programs, as set under this appropriations bill may be nal affairs of a coequal branch of gov- out in title III of fiscal year 1996 Com- used for that purpose. merce-Justice-State appropriations ernment for Congress to prohibit such Mrs. BOXER. I was proud to be a co- conference report, to study gender bias studies. author of Violence Against Women Act As the national debate on the O.J. and other related barriers to equal jus- when I served in the House and I am Simpson trial made clear, many mi- tice in our courts. norities are skeptical that they will be Mr. KERREY. I concur with distin- pleased now to join my colleagues in treated fairly in the justice system. guished Senators’ analysis of the sta- stating my strong support for the im- Many women harbor similar doubts. tus of funding for the bias studies and portant work of the gender task forces The bias task forces are one way with their beliefs about the importance authorized under VAWA. I fully agree through which the judiciary can ad- of these studies. When we encouraged that the courts are authorized to con- dress legitimate problems. The judicial the judicial circuits to conduct gender tinue this work using funds provided in branch, independent of the Violence bias studies, Congress acknowledged this appropriations bill. Against Women Act, is obligated to en- the importance and tradition of judi- The ninth circuit was the first Fed- sure the fair administration of justice, cial self-examination on issues—such eral circuit to form a task force to

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18175 study the effects of gender in the judi- survey of the court to determine At CRS, the Cuban-Haitian program cial system. The work of the task force whether gender bias exists there. Con- is one of two missions that com- was initiated before Congress encour- gress has unequivocally authorized this plement each other successfully: con- aged such studies. The ninth circuit re- work and I strongly believe that the flict resolution and Cuban/Haitian re- port was issued in July 1993 and it con- Federal judiciary should continue this settlement. The Cuban-Haitian Pro- cluded in part that ‘‘[a]lthough the ju- effort. gram has been successfully adminis- diciary aspires to a system of justice in COMMUNITY RELATIONS SERVICE tered by CRS for 15 years. CRS has suc- which the gender of participants is of Mr. GRAHAM. Mr. President, I would cessfully implemented the out- no import, the results [of the study] like to take this opportunity to speak placement operations of Cubans and document that in the current world, on the conference agreement regarding Haitians from Guantanamo and the re- gender counts.’’ Supreme Court Justice the structure of and funding for the settlement programs for unaccom- Sandra Day O’Connor called the ninth Community Relations Service. panied alien minors. The resettlement circuit report a comprehensive, well- The appropriations level for the Con- program has been indispensable to our supported report. flict Resolution Program of the Com- Defense Department’s Atlantic Com- The majority of Federal circuits have munity Relations Service [CRS] of the mand in managing the Cuban-Haitian already created task forces to study U.S. Department of Justice in this programs at Guantanamo and in Pan- the effects of gender in the courts. bill—$5.3 million—would have a cata- ama. CRS has helped to resettle over Their work should not be discouraged strophic impact on the agency’s con- 17,000 migrants as part of DoD’s Oper- in any way now. flict resolution mandate. ation Sea Signal. Mr. LAUTENBERG. As a member of CRS is vital to this Nation’s ability The conflict resolution program the Appropriations Committee Sub- to continue to make progress in im- works hand in hand with communities committee on Commerce, State, Jus- proving race relations. The important throughout the country to gain recep- tice, and Judiciary, I wish to express work of CRS is essential to preventing tivity to the influx of refugees and en- my support for the work of the task and resolving the day-to-day racial trants under the Cuban/Haitian pro- forces on gender and racial bias in the conflicts in the communities we rep- gram and has smoothed the way for an courts. I concur with my colleagues as resent. Without an effective CRS, ra- orderly resettlement process. CRS re- to the importance of the task forces cial tensions and conflicts will disrupt settlement efforts directly support and I join my colleague, Senator BRAD- the economy and tear at the social fab- local communities by reducing and pre- LEY, in noting that New Jersey has ric of the hometowns across Florida venting strain on local public services been a leader in the effort to ensure and elsewhere. and preventing potential community Over the past 3 years CRS has shifted gender and racial fairness in the tensions. courts. resources from headquarters adminis- Both missions of CRS, Cuban-Haitian I firmly believe that funding for this tration to field conciliation, leaving resettlement and the Conflict Resolu- important work is provided for in this CRS with no buffer of administrative tion Program should remain as a sepa- staff. Due to a series of budget reduc- appropriations bill and I join my col- rate division within the Department of tions over the years, the CRS conflict leagues in encouraging the judiciary to Justice. Should the Senate have an- resolution budget is almost all salaries continue this work. other opportunity to consider the Com- Mr. GLENN. I thank my colleagues and expenses at this point. Because this program does not oper- merce, Justice bill, I would encourage for their insightful remarks on this im- ate large scale grant, contract, train- my colleagues to support the CRS lan- portant topic. I believe what we are ing, or other operations that could off- guage in the Senate-passed bill. really talking about here is maintain- Mr. FORD. Mr. President, when the set the impact on personnel, this fund- ing the ability of the judiciary to ad- ing reduction will lead to the necessity Commerce/Justice/State appropriations dress issues of particular importance to to lay off almost 65 percent of the con- bill was before the Senate I noted that that branch of government. And bias is flict resolution staff. it included an amendment of the Na- certainly such a topic. The judiciary is At this funding level, CRS would tional Voter Registration Act of 1993. in the best position to determine only be able to staff its 15 offices That amendment is in this conference whether this topic merits study or edu- around the country with 2 or 3 concil- report. Since a veto of this measure is cational activities. And I believe the iators in each office. Florida’s regional likely, this is not the right time to judiciary should be given the flexi- office is in Atlanta and covers 7 other pursue my objection to this amend- bility to do so. states in the region. With these drastic ment. But, it is my purpose now to give The Judicial Council of the Sixth cuts, these people cannot begin to pro- notice that I will continue—at the ap- Circuit, which includes my home State vide the racial conflict resolution serv- propriate time—to oppose this and any of Ohio, felt strongly enough about this ices that Florida needs. other attempt to weaken the Motor- issue that it has approved the forma- And even with this modest staffing Voter Act. tion of a task force on gender fairness level of 2 to 3 conciliators in most of- The provision that I object to would and a task force on racial and ethnic fices, the ability of the agency to sus- change the exemption provision of the fairness. tain independent administrative and Motor-Voter Act. That exemption was Mr. BUMPERS. I join my colleagues management operations would be seri- drafted—at the specific insistence of to express my support for the efforts of ously undermined. Republicans—so as to exempt only the task forces on gender bias in the We must recognize what this loss of those States that had already, as of Federal courts. service will mean to the people of this March 11, 1993, enacted election day Six of the seven States in the eighth country. Without the full funding of registration or had no registration re- circuit have conducted gender and/or $10.6 million CRS, the country will be quirement. The amendment in this racial bias studies. When bias was doc- without a vital service that no one conference report would change the umented, these State task forces rec- other than CRS can provide. date to extend the exemption to in- ommended improvements designed to Further, I am opposed to the transfer clude two more States, New Hampshire assure the fair administration of jus- of the Cuban-Haitian Resettlement and Idaho. tice for men and women in the courts. Program from the Community Rela- The Motor-Voter amendment in- In 1994, Chief Judge Richard Arnold tions Service to the Immigration and cluded in this report violates the pur- of the U.S. Court of Appeals for the Naturalization Service. INS is, in large pose of the exemption provision. That Eighth Circuit appointed a 30-member part, an enforcement agency whose purpose was clearly stated by the Re- gender fairness task force on gender mission is not that of administering re- publican floor manager of the Motor- bias. The group includes 12 Federal settlement activities such as the Voter bill. His statement regarding the judges from each of the 7 States in the Cuban-Haitian program. I am also con- exemption is clear and unambiguous, circuit as well as court administrators, cerned that the Cuban-Haitian program so I will repeat it here. attorneys, and law professors. These would be lost in such a large organiza- Republicans slammed the escape-hatch distinguished task force members are tion as INS which has scores of prior- shut. No longer is this bill a backdoor means committed to a careful, responsible ities. of forcing states into adopting election day

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18176 CONGRESSIONAL RECORD — SENATE December 7, 1995 registration or no registration whatsoever. which is developing surgical implant ilies of our POW/MIA’s get answers to * * * Republicans succeeded in grand father- components, Gensym Corp. of Cam- the fate of these heroes. But I believe ing in the five States that would have quali- bridge which is developing variable air the way we secure continued and even fied for the exemption prior to March 11, conditioning systems and the Lorron enhanced assistance from the Viet- 1993. Corp. of Burlington that is working to namese is by engagement. With regard to requests from other upgrade fire protection modeling codes. I believe this provision could have states—Michigan, Illinois, and South I had hoped the Senate figure of more the perverse effect of setting back our Dakota—urging that the exemption than $100 million would prevail. In- efforts. This amendment, offered by the not include such a deadline, the Repub- stead, the elimination of funding for House in conference, is really a thinly lican floor manager said ‘‘their con- this program will deal a severe set- disguised effort to undermine the ad- stituents are better served by the clos- back to many start-up and other high- ministration’s decision to normalize ing of the escape hatch than if it had technology firms in my State. relations with Vietnam, and it is con- been left open.’’ The conference report preserves $80 trary to the Senate’s position opposing It should be clear from the foregoing million in funding for the Manufac- direct linkage of the POW/MIA issue that this is not merely an insignificant turing Extension Program [MEP]. and the process of normalizing rela- or technical amendment. Its purpose is Through the University of Massachu- tions with Vietnam. contrary to the intent of the exemp- setts at Amherst and Bay State Skills, Mr. President, being a strong sup- tion provision of the Motor-Voter law. MEP has provided valuable, hands-on porter of the Cops on the Beat and Its underlying intent is obvious and technical and management consulting other anticrime programs administered should be addressed directly. This is on manufacturing processes for small by the Justice Department, being a another attack on the implementation and mid-sized businesses. MEP esti- staunch advocate for the international of the Motor-Voter law. It is also a mates that every dollar of its support trade, technology, environmental and thinly veiled attempt to curry favor of generates $15 in economic growth for fisheries programs carried out by the New Hampshire election officials short- the local community. The funding cut Commerce Department and being a ly before that all-important first Presi- contained in this report will hurt com- steadfast advocate for the resolution of dential primary. panies like Alpha Industries of Woburn, international conflicts through diplo- I made a more detailed statement of whose 600 employees are successfully matic means, it pains me to have to op- my reasons for opposing this amend- making the transition from manufac- pose this conference report. But I must ment when this measure was first turing semiconductors for the Defense and I will, knowing that the funding under consideration. Rather than re- Department to a commercial product cuts and terminations will not sustain peat them now, I will conclude by reit- operation. the programs we must have to keep our erating that I will continue to oppose— Among many other programs in my streets and communities safe, to keep at the appropriate time—this and any State that will be hurt as a result of our economy vibrant and to promote other attempt to weaken the National funding reductions or terminations in job creation and to maintain our pres- Voter Registration Act. the conference report are the Massa- ence in and the peace of this world. Ms. MIKULSKI. Mr. President, I rise Mr. KERRY. Mr. President, I rise in chusetts Biotechnology Research Insti- today in opposition to the conference opposition to the conference report ap- tute, which has leveraged venture cap- report accompanying the fiscal year propriating funds for the Departments ital funds for new biotechnology com- 1996 Commerce, Justice, State appro- of Commerce, State and Justice for fis- panies in and around Worcester, and cal year l996. The funding levels con- priations bill. the textile center at the University of I am opposed to this conference re- tained in this report are no better than Massachusetts at Dartmouth, which port because it takes this country in those contained in its predecessor that had hoped to become the first univer- the wrong direction. The conference re- the President vetoed. I have expressed sity outside the Southeastern United port undermines our efforts to fight earlier my extremely serious reserva- States to participate in the National crime by abolishing the highly success- tions about the provisions relating to Textile University Centers. Cutbacks ful COPS Program and replacing it the Justice Department and the elimi- in the National Telecommunications with a block grant to the States. Under nation of the Cops on the Beat Pro- and Infrastructure Assistance Program the COPS Program, Maryland has re- gram that I and many of us worked so will hurt groups in my State that are ceived funding for 440 new police offi- hard to enact. seeking to get on the information su- cers throughout the State devoted to I now would like to focus my com- perhighway. Among them are the Exec- community policing and keeping our ments briefly on those provisions of utive Office of Education in Boston streets safe. This conference report the conference report that deal a seri- that is developing a statewide, inte- would pull the rug out from under this ous blow to the Commerce Depart- grated, interactive voice and data net- program and jeopardize future funding ment’s technology programs as well as work, called the Massachusetts Infor- for these officers. to the provisions relating to Vietnam. mation Infrastructure. This network In addition, this conference report Many of the Commerce Department will begin by connecting 20 of an esti- makes draconian cuts to the Commerce technology programs, like the Ad- mated 352 sites at libraries of K–12 Department that will harm America’s vanced Technology Program and the schools and higher education institu- ability to maintain its technological Manufacturing Extension Program, tions, local government and health and edge. The conference report contains a have played a pivotal role in the start- community organizations throughout rescission of $75 million in construc- up of high-technology and biotech busi- Massachusetts. More than 80 other en- tion funds for the National Institute of nesses and the growth of jobs in these tities in my State have sought assist- Standards and Technology [NIST]. sectors in my State of Massachusetts. ance from this program, but are not These funds were going to be used to The conference report completely likely to receive any help in the face of construct a new advanced technology zeros-out funding for any new projects the proposed funding cuts. laboratory that would play a critical that would have been supported by the I would now like to turn briefly to role in maintaining America’s techno- Advanced Technology Program, or the State Department title of the bill logical supremacy. ATP. The ATP had been funded at a that relates to Vietnam. Originally built between 25 and 40 level of $323 million in fiscal year l995, The conference report conditions the years ago, the majority of NIST’s fa- and the President had requested more establishment of an embassy in Viet- cilities are now technically and func- than $490 million for this program in nam on a certification by the President tionally obsolete, which makes it dif- fiscal l996. Companies that had applied with respect to Vietnamese coopera- ficult if not impossible to support the for new project funding to bring ena- tion on providing POW/MIA informa- requirements of advanced research and bling technologies to the point of com- tion. As the former chairman of the development projects. As a result, ex- mercialization will be denied funds Senate Select Committee on POW/MIA periments are often delayed or subject under this bill. This will hurt a number Affairs, I believe that no one has to costly rework, and scientists must of firms in my State, including worked harder or more conscientiously often accept levels of precision and ac- Dynamet Technology of Burlington to ensure that our Nation and the fam- curacy below those needed by industry.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18177 As the only Federal laboratory whose For years, I have identified specific tion that the United Nations has proce- explicit mission is developing scientific examples of budgetary mismanagement dures in place designed to ensure com- standards and providing technical sup- and wasteful practices at the United pliance with the recommendations of port for U.S. industry’s competitive- Nations. I believed that the solution to the inspector general. ness objectives, NIST must have a these practices was the same solution In short, there must be enforcement modern scientific infrastructure—the the federal government has adopted to of management reform, not simply rec- laboratories, equipment, instrumenta- ensure American taxpayer funds are ognition or discussion of the need for tion and support—in order to maintain well-spent: an independent inspector it. That is why the withholding re- a viable scientific research program general. Specifically, what was needed quirement in the conference report be- and to keep our Nation on the cutting then and now is an office or mechanism fore us is needed. We have made edge of science and technology as we that can conduct budgetary audits; rec- progress, but we have yet to achieve move into the 21st century. This view ommend policies for efficient and effec- our ultimate goal: real reform within was recently underscored by a group of tive U.N. management; investigate and the United Nations. For that reason, 25 nobel laureates who called the lab- detect budgetary waste, fraud and we must stay the course. We must con- oratories ‘‘a national treasure,’’ which abuse; and provide an enforcement tinue to insist on a withholding of tax- ‘‘carry out the basic research that is mechanism that would enable the Sec- payer dollars until the United Nations essential for advanced technology.’’ retary General, or even the so-called has cleaned up its act. Under the conference report, the inspector general, to take corrective Mr. President, I intend to speak in Commerce Department’s Advanced action. more detail on this matter in the near Technology Program receives no new The withholding requirement was put future, particularly on the subject of funding for fiscal year 1996. The ATP is in place for two reasons: First, it was our contributions to the United Na- another vital program for developing important to demonstrate that the tions, and additional reforms that new technologies that lead to the cre- U.S. Government was very serious must be put in place. In the meantime, ation of new jobs by supporting innova- about putting an end to U.N. fiscal I am pleased that the conference report tive research. mismanagement. As the single largest maintains our commitment to U.N. re- I believe this bill will not further contributor to the United Nations, I form. I commend my friend from New America’s long-term economic inter- believed that it was time to use this le- Hampshire for his efforts to make sure ests nor the interests of my own State verage to achieve real reform at the this provision was included in the final of Maryland. Furthermore, the cuts to United Nations. Second, I believed that bill. I look forward to working with law enforcement will hurt our ability American taxpayer dollars should not him and all my colleagues to ensure to fight crime in the streets and make be used to subsidize waste, fraud, and our U.N. management reform goals are our neighborhoods safer. abuse. Frankly, I had sought a higher met. So, I will oppose the approval of this withholding amount—50 percent—to Mr. DOLE. Mr. President, earlier this conference report. achieve this goal, but twenty percent year, America recoiled in horror as we Mr. PRESSLER. Mr. President, I was the highest I could get through heard the tragic story of Stephanie would like to address briefly a few pro- what was then a Senate controlled by Kuhen, a 3-year-old girl who was shot visions in H.R. 2076, the fiscal year 1996 the Democrats. dead in her family’s car after the car Commerce-Justice-State appropria- Since the adoption of this with- took a wrong turn and drove down a tions bill, that relate to funding of the holding provision, U.N. reform has be- gang-infested alley in Los Angeles. United Nations. come a more important and open topic Stephanie’s grandparents have re- First, I want to compliment the fine of discussion in the halls of the United marked, ironically and unfortunately work of the new subcommittee chair- Nations, and the Clinton administra- with some truth, that their family man, the Senator from New Hampshire, tion. During the 50th anniversary cele- would probably be safer in Bosnia. Senator GREGG, for his great work on bration of the United Nations, the In September, we read about 42-year- this bill. As all of us know, our friend President devoted much of his address old Paul McLaughlin, a Massachusetts from New Hampshire had to assume to U.N. management reform. The State prosecutor, devoted to his job, command, so to speak, while this bill United Nations has appointed a so- who was shot dead at point-blank was in flight. And as all of us know, called inspector general that released a range outside a commuter train station this is a very important and com- report detailing vast mismanagement while returning home from work. At plicated piece of legislation. The Sen- within the United Nations, particularly the time of the murder, police specu- ator from New Hampshire took com- in the area of peacekeeping activities. lated that it may have been a gang-or- mand and has produced a good bill that All this is good news. A few years ago, dered assassination. Several officials is worthy of our support. former Attorney General Dick remarked that ‘‘the slaying was the One provision worth noting is that Thornburgh, in his capacity as Under- kind of event that might happen in which would limit U.S. contributions secretary General for Management, Italy, Colombia, or other nations where to the United Nations. Under the con- produced a similar report, and the prosecutors, judges, and police are kid- ference report, 20 percent of the funds United Nations did everything it could napped or assassinated.’’ appropriated for our regular budget as- to hide it from public view. And last August, three employees of sessed contribution to the United Na- So the fact that the United Nations a Capitol Hill McDonald’s restaurant— tions would be withheld until a certifi- has produced a report detailing its own 18-year-old Marvin Peay, Jr; 23-year- cation is made by the President to the mismanagement is an important devel- old Kevin Workman; and a 49-year-old Congress that the United Nations has opment. The United Nations has been a grandmother named Lillian Jackson— established an independent office of in- mismanagement addict, and it has were all herded into the restaurant’s spector general as defined in section taken the vital first step to reform its basement freezer late one Saturday 401(b) of Public Law 103–236—the For- addiction: recognition. The United Na- night and shot in the head. All three eign Relations Authorization Act of tions recognizes it has a serious mis- died instantaneously. 1994. management problem and it now is Mr. President, what I have just de- This withholding requirement should willing to admit it. It is about time. scribed did not take place in Bosnia or sound familiar to my colleagues. The However, one more crucial step needs Italy or Colombia or some other coun- provision in the conference report ex- to be taken: action. The U.N. must try, but right here in America. These tends a withholding requirement I of- take action to correct its addiction, are real people. With real families. fered as an amendment to the Foreign and that is why the withholding re- Feeling real pain. And dying real Relations Authorization Act during quirement in the conference report be- deaths. They are citizens of our coun- Senate consideration in 1994. The rea- fore us today is so important. By my try. son why I took this step nearly two interpretation of section 401(b) of Pub- SOME FACTS ABOUT CRIME years ago was because of rampant lic Law 103–236, the President would be We must put an end to this madness. waste, fraud, abuse, and outright thiev- unable to make this certification be- If America wants to continue calling ery at the United Nations. cause of the requirement in that sec- itself a civilized society, we can no

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18178 CONGRESSIONAL RECORD — SENATE December 7, 1995 longer accept an annual crime tally of or better lab equipment may not have the ceptable from both production rate ca- nearly 24,000 murders, 100,000 forcible political appeal of 100,000 new cops. But for pability and because of handling sys- rapes, 670,000 robberies, and more than some cities, they may be a much better deal. tems problems.’’ And let me emphasize that if a local 1 million aggravated assaults. We must I objected strenuously against this community wants more police offi- stop tolerating the intolerable. study in 1993 because it would be a Listen to these facts. cers—needs more cops—it can use the waste of Federal resources and because Fact: For the first time in our Na- block-grant funds for this very pur- tion’s history, the FBI estimates that a pose. it was intended to lead to renewed dis- posal of sewage sludge in the ocean. majority of all murders are committed TRUTH-IN-ADVERTISING by persons who are strangers to their Mr. President, in the coming days, Mr. President, the study has been com- victims. In a very real sense . . . no we will no doubt hear President Clin- pleted, and the Navy determined the matter where we live or where we ton denounce the Congress for attempt- technology was not feasible. The work. Americans are hostage to the vi- ing to repeal his so-called 100,000 COPS money was wasted and yet, in these cious, random acts of nameless, face- Program. But what the President will difficult budget times, a request is less strangers. not say is that this program never ex- being made to do a similar study by a Fact: More and more young people isted in the first place. The current different agency of the Federal Govern- are resorting to violence. According to program fully funds only 25,000 new po- ment! When is enough enough? the Justice Department, the murder lice officers, not the 100,000 we hear so Mr. President, our oceans are too val- rate among 14-to-17 year-olds has in- much about. That is not just my opin- uable to be used as a garbage dump. creased by 165 percent during the past ion. It is the opinion of experts like Our oceans include diverse species that 10 years, fueled in large part by crack Princeton University Prof. John rival the tropical rain forests. Because cocaine. If current trends continue, ju- Diiulio. of the rich environmental heritage of venile arrests may double by the year So, when it comes to the COPS Pro- the oceans and the tremendous eco- 2010. gram, it is time for a little truth-in-ad- nomic vitality of our coasts that are Fact: Violent crime is destroying vertising. dependent on a clean ocean environ- America’s minority communities. The OTHER PROVISIONS ment, I have worked to end the ocean Justice Department estimates that a This conference report contains other dumping of sewage sludge and the prop- staggering 1 out of every 21 African- important provisions: $10 million for er handling of contaminated sediments. American men in this country can ex- the innovative police corps program; That is why I sponsored legislation to pect to be murdered, a majority rate truth-in-sentencing grants that will ban ocean dumping of sewage sludge that is twice the rate for U.S. soldiers help the States abolish parole for vio- and sponsored provisions in water re- during World War II. lent offenders; the Prison Litigation sources development legislation that Fact: The revolving prison door Reform Act, which will go a long way keeps swinging and Americans keep will help develop technologies to de- to reduce the number of frivolous contaminate dredged sediments. dying. At least 30 percent of the mur- claims file each year by litigation- Mr. President, this study is not just a ders in the United States are com- happy inmates, the so-called frequent- study of whether a technology will mitted by predators who should be be- filers; and $500 million to reimburse the work. It is a study about the feasibility hind bars, but instead are out on the States for the cost of incarcerating il- of a technology that is designed to fa- streets while on probation, parole, or legal aliens, including those who have cilitate illegal activities. bail. committed crimes while in the United LAW ENFORCEMENT BLOCK GRANT States. The intent of this technology is to Now, Mr. President, this conference Finally, I want to commend Senator dispose of contaminated dredge mate- report will not solve the crime prob- JUDD GREGG, the manager of this bill, rials. Clean dredged disposal is used lem. The best antidote to crime is not for his skill in developing this con- beneficially on golf courses and other a prison cell or more police, but con- ference report and bringing it to the uses. However, the disposal of contami- science—that inner voice that restrains floor. Senator GREGG just recently as- nants in the ocean that this technology the passions and enables us to recog- sumed the chairmanship of the Com- contemplates is illegal above trace nize the difference between right and merce, Justice, State Subcommittee, amounts under the Marine Protection wrong. and with today’s action, he has proven Act and several international conven- To put it simply: values count, not that he is a very fast learner indeed. tions. just in our lives, but in our society. Mr. LAUTENBERG. Mr. President, I Mr. President, the tourism industry There will never be enough prisons or want to go on record opposing a last police to enforce order if there is grow- in my state, the water recreation in- minute addition to the statement of dustry and users, and numerous envi- ing disorder in our souls. managers in the conference report on But, of course, we have to start ronmental groups have rejected addi- the Commerce, Justice, State and Judi- tional disposal of contaminated sedi- somewhere. Last year, I opposed the ciary appropriations bill, to which I ob- ments as contemplated by this lan- so-called crime bill because I believed ject strenuously. On page 127 of the guage. The public has spoken out force- it was a flawed Federal policy—too statement of managers there is a provi- fully and repeatedly against the ocean light on punishment and too heavy on sion to have a deep ocean isolation dumping of pollutants. And, the Navy pork, spending billions and billions of study. This report language would have has determined that this technology is dollars on untested social-programs. NOAA conduct an analysis of a par- not feasible and will lead to the release This conference report tries to correct ticular patented technology that would of contaminated toxic sediments into some of these excesses. be used for the disposal of dredge soil The report also rejects the ‘‘one-size- the water column. to the deep ocean. fits-all approach’’ of the current COPS Mr. President, I strongly object to Mr. President, I know that this re- Program by giving local communities this direction to NOAA. First, there port language is not binding on the more flexibility to determine what best was no mention of this issue in the Agency. Based on the fact a similar suits their own unique law-enforce- House bill, the Senate bill, the Senate study has just recently been carried ment needs. Is it more police? Better report or the House report. But, it is in out, I strongly urge the Agency to ig- training? More squad cars? Or perhaps the conference report. nore this ill-conceived and ill-consid- modern crime-fighting technology? As Second, this is special interest legis- ered language. the Washington Post recently edito- lation of the most egregious kind—it is rialized: Mr. GREGG. Mr. President, I suggest intended to help one and only one com- the absence of a quorum and request Because community policing has proved to pany at the expense of the environ- be so effective and so popular with the pub- the time be allocated equally to all ment. sides. lic, many areas will spend the money as Third, the company had, in the past, Washington intends. But if new technologies, a similar study provision in a Defense The PRESIDING OFFICER. The more cars or a social service unit trained clerk will call the roll. with juveniles are needed, why shouldn’t appropriations bill. In January, the local authorities have more choice? Word Navy released its study that this tech- The bill clerk proceeded to call the processors, a modernized telephone system nology was determined to be ‘‘unac- roll.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18179 Mr. HOLLINGS. Mr. President, I ask place; the Arms Control and Disar- to whether AID also attempted to hire unanimous consent that the order for mament Agency, which is called ACDA; personnel on a basis other than the the quorum call be rescinded. and the U.S. Information Agency, question, were the persons being hired The PRESIDING OFFICER. Without USIA—and folding their functions into qualified for the job? objection, it is so ordered. the State Department, thus saving bil- This is not JESSE HELMS talking. Mr. HOLLINGS. Mr. President, on be- lions of dollars. This is the inspector general of the half of the leadership, I ask unanimous Senators know the history of what Agency for International Development. consent the 12 remaining minutes of has transpired since that day early this Whether the laws have been broken the distinguished Senator from Arkan- year when I offered that bill. There has will be decided after careful review of sas be yielded back. been one delay after another. But I am information that led the inspector gen- The PRESIDING OFFICER. Without hopeful that late this afternoon Sen- eral of the Agency for International objection, it is so ordered. ator KERRY and I will complete an Development to request the Depart- Mr. HOLLINGS. Mr. President, I sug- agreement that will lead to a con- ment of Justice and the Office of Man- gest the absence of a quorum with the summation of the activities so that we agement and Budget to review the time assigned to all sides. can have some ambassadors confirmed many, many pages of information al- The PRESIDING OFFICER. Without and some other things accomplished by ready transmitted to the Justice De- objection, it is so ordered. The clerk the Senate Foreign Relations Com- partment and to OMB. will call the roll. mittee and the U.S. Senate, which I will add, Mr. President, that this The bill clerk proceeded to call the could have been done months ago had matter will be carefully examined by the Senate Foreign Relations Com- roll. it not been for the objection to our mittee at the earliest practicable time. Mr. GREGG. Mr. President, I ask having a vote on my bill. That is all I ever asked. I did not ask Interestingly enough, the Agency for unanimous consent that the order for International Development operation that there be a victory or that the bill the quorum call be rescinded. in South Africa has been extolled and be passed. I asked only that there be a The PRESIDING OFFICER. Without praised by Mr. Brian Atwood, whom vote. But that was denied me. And the objection, it is so ordered. President Clinton appointed to head media, of course, do not make that COMMENDATION OF STAFF the Agency for International Develop- clear. That is all right with me if it is Mr. HOLLINGS. Mr. President, again ment. Now, Mr. Atwood calls the oper- all right with them. They are not very I would like to thank the professional ation in South Africa AID’s flagship accurate about many things anyhow. staff who worked so hard on this appro- program in Africa—a program that has Many Senators are aware that Vice priations bill. On the majority side I spent, I might add, Mr. President, more President GORE has been one of the want to recognize David Taylor, Scott than $450 million of the U.S. taxpayers’ most vigorous opponents of my pro- Corwin, Vas Alexopoulus, and Lula Ed- money in the past 5 years. wards. And, of course, I would be re- posal to abolish the Agency for Inter- All right. Now, Mr. Atwood, in de- miss if I did not recognize Mark Van national Development as an inde- fending his agency explains that AID DeWater, our full committee’s deputy pendent entity and place it directly employees were simply overtaken with staff director. Time and time again under the purview of the Secretary of ‘‘enthusiasm’’—and that is his word—in Mark worked to develop compromises State—a proposal, I might add for em- awarding contracts in South Africa. that let this bill go forward. Finally, I phasis, that has been supported from And AID management suggests that want to recognize Emelie East, of our the very beginning by a majority in the this multimillion-dollar problem can minority staff, who staffs this bill, for- U.S. Senate and endorsed by five be solved simply by giving a little eign operations, military construction, former U.S. Secretaries of State. ‘‘sensitivity’’ training to AID employ- As I understand it, Vice President and defense appropriations. ees in South Africa. Gore is in South Africa today. And ORDER OF PROCEDURE That is Mr. Atwood’s, and AID’s, po- while Al Gore, as we called him when sition as of now, as I understand it to Mr. GREGG. Mr. President, I ask he was a Senator, is there, I do hope unanimous consent that all time be be. It remains to be seen, of course, that he will take the time to visit the whether the American public will buy yielded back, except that there be 10 South African mission of the Agency minutes reserved for the leader and 10 that explanation. for International Development. My own view is that the American minutes reserved for the ranking mem- Let me point out that the Agency for people have a right to know exactly ber of the Appropriations Committee, International Development was created what is going on with AID’s giveaway Senator BYRD; that a vote be set to more than three decades ago as one of program in South Africa. Congress has occur at 4 o’clock on final passage; those temporary Federal agencies— an obligation to get to the bottom of that the yeas and nays be ordered; and, temporary, don’t you know. it, and I for that reason have asked the that, pending the 10 minutes being used Well, Ronald Reagan used to say that distinguished Senator from Kansas, by the leader, or the 10 minutes to be there is nothing in this world so near Mrs. KASSEBAUM, who chairs the Afri- used by Senator BYRD, we be in morn- eternal life as a ‘‘temporary’’ Federal can Affairs Subcommittee of the Sen- ing business. agency. And AID, the Agency for Inter- ate Foreign Relations Committee, of The PRESIDING OFFICER. Is there national Development, is one of them. which I am chairman, to schedule a objection? Let me get down to business. I have hearing on this matter on December 14 Without objection, it is so ordered. before me documented information dis- at 2 p.m. Senator KASSEBAUM has indi- Is there a sufficient second? closing that the Agency for Inter- cated that she shares my concern There is a sufficient second. national Development’s inspector gen- about the inspector general’s report, The yeas and nays were ordered. eral has just completed an extensive and she has readily agreed to schedule Mr. HELMS addressed the Chair. investigation into abuses in U.S. for- such a hearing. We will request the The PRESIDING OFFICER. The Sen- eign aid programs in South Africa in- presence of members of AID’s South ator from North Carolina. volving millions upon millions of dol- Africa management as well as AID offi- f lars of the American taxpayers’ money. cials in Washington who directly over- This investigation raises, obviously, se- see the South Africa program in order REFORMATION OF THE FOREIGN rious questions about the contracting AFFAIRS APPARATUS to give them an opportunity to explain and hiring practices within the Agency to the Senate and to the American peo- Mr. HELMS. Mr. President, it is not for International Development’s mis- ple precisely what has been going on in exactly a secret that I introduced legis- sion in South Africa, as well as the South Africa. lation many months ago to reform the headquarters here in Washington, DC. Mr. President, I thank the Chair and foreign affairs apparatus of the United These questions range from whether I yield the floor. States by abolishing three wasteful, AID officials unlawfully awarded mul- Mr. MURKOWSKI addressed the anachronistic Federal bureaucracies— timillion-dollar Federal contracts to Chair. the Agency for International Develop- politically connected U.S. organiza- The PRESIDING OFFICER. The Sen- ment, which we call AID around this tions, and they range from that point ator from Alaska.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18180 CONGRESSIONAL RECORD — SENATE December 7, 1995 Mr. MURKOWSKI. Mr. President, I firsthand information about the fate of goals. A prosperous, stable and friendly believe there has been a unanimous- the POW/MIA’s because we had no ac- Vietnam integrated into the inter- consent request that has been acted cess to the Vietnamese Government national community will serve as an upon relative to the continued business records or to the Government or to the important impediment to Chinese ex- of this body. I wonder if I may ask military archives or to the prisons. We pansionism. Normalization should offer unanimous consent that I may make a could not travel to crash sites. We had new opportunities for the United statement not lasting more than 5 or 6 no opportunity to interview Viet- States to promote respect for human minutes on section 609 which I think is namese individuals or officials. rights in Vietnam. the issue before this body. That has changed now. The American Finally, competitive United States Mr. HOLLINGS. Mr. President, 10 Joint Task Force, the JTF-FA per- businesses which have entered into the minutes has been reserved for the dis- sonnel located in Hanoi now have ac- Vietnamese market after the lifting of tinguished majority leader and also 10 cess to Vietnam’s Government and to the trade embargo will have greater minutes for the distinguished Senator its military archives and prisons. They success with the full faith and con- from West Virginia. So within that are free to travel to crash sites and fidence of the United States Govern- framework, I would not object. interview Vietnamese citizens and offi- ment behind it. The amendment in Mr. BYRD. How much time does the cials. question could jeopardize all this Senator need? As a result of these and other posi- progress and put us back where we Mr. MURKOWSKI. Five minutes will tive developments, the overall number were several years ago, which is no- suffice. of MIA’s in Vietnam has been reduced where. Now I understand that the Mr. BYRD. Mr. President, I yield 5 significantly through a painstaking President plans to veto this bill for a minutes of my time to the Senator. identification process. Most of the variety of reasons, including because of Mr. MURKOWSKI. I thank my friend, missing involve men lost over water this amendment. As the administration the senior Senator from West Virginia. and other circumstances where sur- has told us, it ‘‘regrets the inclusion of f vival and identification is doubtful. extraneous language in the bill related Most, if not all, of the progress has to the presence of United States Gov- DEPARTMENTS OF COMMERCE, come since 1991 when President Bush ernment facilities in Vietnam.’’ As a JUSTICE, AND STATE, THE JUDI- established the office in Hanoi devoted result, I expect that the bill will come CIARY, AND RELATED AGENCIES to resolving the fate of the MIA’s and back to us, to the conference com- APPROPRIATIONS ACT, 1996—CON- supported further activity by President mittee, to be considered again. I hope FERENCE REPORT Clinton. Opening this office ended al- at that time this section will be re- The Senate continued with the con- most two decades of isolation, a policy moved, or at least modified in a way sideration of the conference report. which, in my opinion, failed to meet which will not stop progress down the Mr. MURKOWSKI. Mr. President, our goals. road which has already led to many this bill has a section, section 609, In 1993, opponents of ending our iso- positive results. which I feel jeopardizes the new chap- lationist policy argued that lifting the Mr. President. Let me conclude by ter in relations between the United trade embargo would mean an end to repeating what I said last July when States and Vietnam which began last Vietnamese cooperation. Well, this was we first moved toward establishing re- July. With President Clinton’s an- not the case. As the Pentagon assess- lations with Vietnam, when I said that nouncement at that time that he was ment from the Presidential delega- I hope that step will continue this prepared to establish full diplomatic tion’s trip to Vietnam earlier this year country’s healing process. I think now, relations with the Government of Viet- notes, the records offered are ‘‘the as I thought then, that the time has nam, and with the subsequent steps to most detailed and informative reports’’ come to treat Vietnam as a country— open an embassy and begin trade dis- provided so far by the Government of and not as a war. cussions over the last few months, the Vietnam on missing Americans. The PRESIDING OFFICER. The Sen- two-decade long campaign to obtain So let me state firmly here that ator’s time has expired. the fullest possible accounting of MIA’s while we have made progress, we Mr. MURKOWSKI. I thank the Chair. in Southeast Asia truly entered a new should not be satisfied, and we should And I again want to thank my good stage and a more positive phase. That continue to push for greater and great- friend from West Virginia for his ac- commodation. I wish him a good day. progress I think is threatened by this er results. But there are limits to the Mr. BYRD addressed the Chair. section and I wish to go on record as results we can obtain by potentially— The PRESIDING OFFICER. The Sen- opposing it. potentially—turning to a failed policy ator from West Virginia. I understand the objective of the au- which remains rooted in the past and is Mr. BYRD. Mr. President, both the thors of the amendment. They want, as dominated by the principle of isola- chairman and the ranking member of I do, to resolve the issue of account- tion. We have reached those limits. It the Commerce-Justice-State Appro- ability of the MIA’s, and they believe is now time to continue a policy of full priations Subcommittee deserve a this is the best way to achieve that ob- engagement with access and involve- great deal of credit for the many jective. And while I agree with the ob- ment. months of hard work—and it is hard jective, I disagree with the means Being represented in Vietnam does work—that they have put into the fis- which they have proposed. not mean forgetting our MIA’s. Having cal year 1996 Commerce-Justice-State I supported the President’s decision an embassy there does not mean that appropriations bill. to establish relations. I have been over we agree with the policies of the Gov- This is the first time that the distin- there a number of times. And I con- ernment of Vietnam. But it does help guished Senator from New Hampshire tinue to believe, and evidence supports us promote basic American values such [Mr. GREGG], has chaired the appropria- it, that increased access to Vietnam, as freedom, democracy, human rights, tions conference. He did so very ably. I not reduced access, leads to increased and the marketplace. congratulate Senator GREGG on his progress on the accountability issue. When Americans go abroad or export success and keeping his mind on track Resolving the fate of our MIA’s has their products, we export an idea and throughout the conference on this very been and will remain the highest single an ideal. We export the very ideas that important, complex appropriations priority of our Government. Under no America went to fight for in Vietnam. bill. circumstances should it be any dif- Moreover, diplomatic relations give us I wish to recognize the outstanding ferent. This Nation owes that to the greater latitude toward the carrot-and- efforts of the distinguished ranking men and women and the families of the stick approach. So do economic rela- member of the subcommittee, Senator men and women who made the ulti- tions, as evidenced by the administra- HOLLINGS, on this bill. On November 9, mate sacrifice for this country and for tion’s trade team which recently vis- 1966, a new Member came into this Sen- freedom. ited Vietnam for the first time after re- ate. And for these 29 years and 28 days In 1986, I was chairman of the Vet- lations were established. it has been my good fortune to serve erans’ Committee, and I was appalled Retaining diplomatic relations will with FRITZ HOLLINGS. He is a man of to learn at that time that we had no also advance other important U.S. sterling character. He is absolutely

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18181 fearless. He is a man of great courage I have served under Senator BYRD as 300,000 men, women and children—who with supreme dedication to his work. leader; I have served under him as our receive energy assistance. They re- He is smart, and he does what he chairman. He is the one remaining in ceived an average energy assistance thinks is best. It is the right thing to the U.S. Senate who maintains the de- benefit of about $360 per heating sea- do. corum, the dignity, the civility that is son. It has been a pleasure for me to work so fundamental to the good working of That was last year. This year, given with Senator HOLLINGS on the Appro- this body. So to hear from him on this the huge cuts in LIHEAP funding al- priations Committee these many years. occasion—I join with him in congratu- ready enacted, that grant is expected He has been a fine subcommittee chair- lating our distinguished chairman of to be about $200, even though for these man, has always been most cooperative the subcommittee for his difficult and households during the heating season, with me in the years that I was chair- hard work. I have apologized in the the overall cost of their heating bill is man. I could always depend on him to sense of not being able to vote for the somewhere between $1,800 and $2,000. carry his part of the load, and then bill, but I think that is understood in Last year, we funded this program at some. His knowledge and expertise in the light of the constraints and what a little over $1.3 billion. We had a re- all areas of the Commerce-Justice- has been contained therein. scissions package which contained a State Subcommittee’s jurisdiction are But let me genuinely thank my good cut of $319 million. On the Senate side, well known and unequaled in the Sen- friend. You make some good friends in the appropriators proposed to fund this ate. this service here. And there is none program at $900 million, and on the For two decades he has served on the better than my friend, BOB BYRD, the House side, it has been zeroed out. Commerce-Justice-State Appropria- Senator from West Virginia, and I real- In this bloodless debate that we too tions Subcommittee, served with great often have about the budget, I think distinction, and has worked tirelessly ly thank him. Mr. BYRD. I thank the Senator. sometimes we are completely discon- throughout his years of service as a Mr. GREGG addressed the Chair. nected from people’s lives. That’s why member of that subcommittee and as The PRESIDING OFFICER. The Sen- I would like to talk about what is its chairman to ensure that the many ator from New Hampshire. going on in Minnesota right now, and important programs and activities that Mr. GREGG. I also wish to thank the what is going on in other cold-weather are funded by the subcommittee re- Senator from West Virginia, who has States. I speak about this with some ceived fair treatment and equitable been of tremendous assistance to this sense of urgency. Last year, Minnesota treatment, often at times of severe committee, obviously. I was sort of received about $50 million in heating budgetary constraints. assistance. This year, we have received I understand that the President has dropped into this committee out of the clear blue, and with the help of the so far, after the last continuing resolu- indicated he will veto this conference tion, about $9 million. Usually by this Senator from South Carolina, the Sen- report for a number of reasons. I can time, we have received about $20–$25 ator from West Virginia, Members on assure all Senators that such a veto million. will in no way reflect upon the out- our side have been able to struggle The energy assistance program, I say standing work of the chairman and through the effort. I think we have pro- to my colleagues who are not from ranking member, Senator GREGG and duced a bill that is, if not supported by cold-weather States, is really not a Senator HOLLINGS. The Senate and the the other side, hopefully at least re- year-long program. It is effectively a 6- American people are in their debt. spected by the other side. month program. You need to allocate It is with great pleasure that I take I also wish to thank Senator HATCH, the heating money now during the this moment to express my deep appre- who was very helpful in this under- cold-weather months. It is truly an ex- ciation to Senator HOLLINGS, a man taking, and Senator HELMS, and espe- ample of a program where you cannot whose heart is as stout as the Irish oak cially the staff on both sides of the do it over a 1-year period of time. You and as pure as the lakes of Killarney. aisle who have already been mentioned, need to get the assistance to people I also want to compliment the staff. of course, Scott Gudes and Emelie now when they need it. He has an excellent staff, and so does East, and David Taylor and Scott What we have going on right now Senator GREGG, the staff of the sub- Corwin, Lula Edwards, and Vasiliki with the way we have been funding this committee; Mr. David Taylor and Mr. Alexopoulos on our side. They worked program that we are forcing people to Scott Corwin for the majority; Mr. incredible hours, just overwhelming freeze on the installment plan. That Scott Gudes for the minority. There is hours, under tremendous intensity. I has to change. I hope there will be a no better—no better—along with Lula do not know really how they do it. change in the third continuing resolu- Edwards and Emelie East. They de- It is extremely impressive. I think tion which we’ll likely have before this serve our gratitude and our thanks. what they all deserve is a good vaca- body next week. Now, Mr. President, we pass out a lot tion in New Hampshire, and I hope Let me put my colleagues on notice: of encomiums in this body. But I try to they come. We would love to have them This will not be the last time I am be reserved in doing so. I want to close come up and relax. going to speak about the Energy As- with just these words. I salute Senator Mr. WELLSTONE addressed the sistance Program here on the floor. I HOLLINGS, my old friend of these 29 Chair. intend to raise the alarm until some- years and 28 days. The PRESIDING OFFICER. The Sen- thing gets done on it. When a man does a deed that you greatly ad- ator from Minnesota. It may be—and people may have a mire, Mr. WELLSTONE. Mr. President, I hard time understanding this—it may Do not leave a kind word unsaid ask unanimous consent to speak for be that in Washington, DC, when it is For fear to do so might make him vain about 8 minutes as in morning busi- 30 or 40 or 50 degrees, in my State of Or cause him to lose his head; ness. Minnesota, it can be 10 degrees below But reach out your hand and tell him, ‘‘Well done,’’ The PRESIDING OFFICER. Is there zero, and in some parts of the State, And see how his gratitude swells. objection? Without objection, it is so those are exactly the kinds of tempera- It is not the flowers we strew on the grave; ordered. ture with which we have been faced. It’s the word to the living that tells. f I want to give a couple of examples, just a few examples, of what this actu- Mr. President, I yield the floor. LOW-INCOME HOME ENERGY Mr. HOLLINGS addressed the Chair. ally means to people who rely on ASSISTANCE The PRESIDING OFFICER. The Sen- LIHEAP benefits. ator from South Carolina. Mr. WELLSTONE. I thank the Chair. Nancy Watson is 55 years old. She is Mr. HOLLINGS. My good friend, the I thank my colleagues. disabled. She lives in Clear Lake, MN. distinguished Senator, has been so gen- Mr. President, I rise to express my Her income is from SSI and medical as- erous. I hasten to add I am not leaving. deep concern about the current state of sistance. It is $529 a month. She re- It would be most appropriate here for funding for the Low-Income Energy As- ceived her grant of $81 this year for en- me to tell of my admiration in one sistance Program [LIHEAP]. In the ergy assistance, and she does not know sense, but then they would say it is tit State of Minnesota last year there what she is going to do for the rest of for tat. were about 110,000 households—over the year.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18182 CONGRESSIONAL RECORD — SENATE December 7, 1995 Mr. President, in the State of Min- chill below zero. People are cold, and waiting lists of people who need the as- nesota, there are people who have been we have to get this assistance out to sistance, and adequate funds are not cut off already from utilities. There are those who need it. available. That’s why people are having people who do not have propane or fuel I ask unanimous consent to have to go cold. in their tanks. There are people who do printed in the RECORD the text of a We have to get the funding out now, not have any heat at all, and who are draft letter that is circulating among and we have to figure out a way in this having to struggle to patch together Senators, and that will soon be sent to continuing resolution to make sure help from friends, churches, the Salva- Chairman HATFIELD, from the North- that we do so; otherwise, Mr. Presi- tion Army—anywhere they can get it. east-Midwest Coalition. I was part of dent, there is no question that in the There are elderly people who have the effort, and urged that such a letter United States of America, this winter closed off all but one room of their be done. Senator JEFFORDS from some people will likely freeze to death. homes. That is all the heating they can Vermont is co-chair of this coalition, For God’s sake, Democrats, Repub- afford. There are people who have the and we have worked with him on the licans, Independents, liberals, conserv- thermostat turned down to 50 degrees. effort. It makes the case clearly for ad- atives, and whatever other label you What are we going to do about that in dressing the LIHEAP problem in the choose to call yourself or apply to the U.S. Congress? next CR. yourself, let us try to do better, and let Mr. President, Clara Mager is a 73- There being no objection, the letter us try to make sure in this continuing year-old resident of a town on Min- was ordered to be printed in the resolution that we are able to get some nesota’s Iron Range. She receives $675 RECORD, as follows: of this funding out. We should not be per month in Social Security. She lives U.S. SENATE, freezing people on the installment alone and raised six children on her Washington, DC, December 5, 1995. plan. It is unconscionable. It is not own. She has just received her grant of Hon. MARK HATFIELD, right. We should not be doing this. We $222. She owed her fuel provider, Inter- Appropriations Committee, have to take some action. City Oil, $177, and on Monday had only Washington, DC. I yield the floor. 60 gallons left in the fuel tanks. She DEAR CHAIRMAN HATFIELD: We would like wonders what she is going to do at the to call your attention to a serious problem f with the interim funding for the Low Income end of December or in January or in Home Energy Assistance Program (LIHEAP). DEPARTMENTS OF COMMERCE, February or in March. We believe that if we are to continue funding In Blue Earth County, we have programs under the FY96 Labor/HHS Appro- JUSTICE, AND STATE, THE JUDI- talked with a woman who is 90 years priations bill through a Continuing Resolu- CIARY, AND RELATED AGENCIES old. I will make a long story short. She tion (CR), states must be allowed to draw APPROPRIATIONS ACT, 1996—CON- is very worried about how she’s going down LIHEAP funds at a higher rate which FERENCE REPORT to heat her home, and she has now takes into account their historical spending The Senate continued with the con- practices and which is sufficient to ensure reached the conclusion, after having sideration of the conference report. been self-reliant and self-sufficient her the program’s viability. Temperatures have dropped below freezing and there is snow on The PRESIDING OFFICER. Under whole life, that she may have to move the ground in many parts of the country, but the previous order, the question is on into a nursing home. the language in both CRs that limits state agreeing to the conference report. The Mr. President, you can criticize the draw downs to a proportional annual rate yeas and nays have been ordered. The Low-Income Energy Assistance Pro- does not provide states sufficient funds to clerk will call the roll. gram. There are imperfections in all operate programs and meet the heating The assistant legislative clerk called our programs. But let me remind my needs of their low income families. the roll. colleagues that nationally, two-thirds In past years, states have drawn down a majority of their LIHEAP funds during the Mr. FORD. I announce that the Sen- of the energy households have an in- ator from New York [Mr. MOYNIHAN] is come of less than $8,000 a year. More fall. This allows states to purchase fuel at lower rates, maintain continuity of service, necessarily absent. than half have incomes below $6,000 a avoid shut offs, and plan for the upcoming The PRESIDING OFFICER (Mr. GOR- year. I tell my colleagues today, and I winter. Furthermore, nearly ninety percent TON). Are there any other Senators in am going to speak about this over the of LIHEAP funds are used for heating assist- the Chamber desiring to vote? next week: we have to do something ance during the coldest months. The CR lan- The result was announced—yeas 50, now in this continuing resolution, we guage requires that LIHEAP funds be spent nays 48, as follows: have to get adequate funding allocated out over a twelve month period. While this [Rollcall Vote No. 591 Leg.] to people who need it. The total cost of may leave funds for heating assistance in the Energy Assistance Program does June, many low income families may not be YEAS—50 able to heat their homes this winter. not equal the cost of one B–2 bomber, Abraham Faircloth McConnell We believe it is critical to safeguard this Ashcroft Frist Murkowski and if we do not do anything, I say to program which protects the elderly, the dis- Bennett Gorton Nickles my colleagues, Democrats and Repub- abled, the working poor, and children. When Bond Gramm Pressler licans alike, I guarantee you that soon- it gets cold, these vulnerable Americans Brown Grams Roth should not be forced to choose between heat- Burns Gregg Santorum er or later there will be people in our Campbell Hatch country in the cold-weather States who ing and eating. Continuing delays in funding Shelby Chafee Hatfield Simpson and limits on the payout rate will hamper Coats Helms will freeze to death. Then we will do Smith states’ ability to help the 5.6 million Cochran Hutchison something. Snowe LIHEAP households survive the winter. We Cohen Inhofe Specter We should not wait. We should not ask your assistance in ensuring that the Coverdell Jeffords Stevens wait. That would be wrong. We can do bulk of LIHEAP funds can be spent during Craig Kempthorne better. People expect more of us. D’Amato Kyl Thomas the cold weather months at a rate sufficient Thompson Nobody in 1994 voted for an elimi- DeWine Lott to meet the needs of low income families Dole Lugar Thurmond nation of an energy assistance program this winter. Thank you. Domenici Mack Warner for the most vulnerable citizens in this Sincerely, country to make sure, whether they JIM JEFFORDS. NAYS—48 are elderly or whether they are chil- Mr. WELLSTONE. Mr. President, I Akaka Exon Kerrey Baucus Feingold Kerry dren or whether people with disabil- will be speaking about this in much Biden Feinstein Kohl ities or whether they are a working more detail over the next week or so. Bingaman Ford Lautenberg poor family, that they at least have We have to do something about this, I Boxer Glenn Leahy Bradley Graham Levin this survival supplement. We cannot say to my colleagues. Breaux Grassley Lieberman keep doing it this way. In my State of On the last continuing resolution, fi- Bryan Harkin McCain Minnesota, by now, we have just over nally I was able to get, and Senator Bumpers Heflin Mikulski $9 million that we are getting out to JEFFORDS and others can talk about Byrd Hollings Moseley-Braun Conrad Inouye Murray people. It is 10 degrees. It is 8 degrees. what’s happening in their States, $2 Daschle Johnston Nunn In northern Minnesota, it will reach million more for my State. That is it. Dodd Kassebaum Pell zero or below tonight. There is a wind- But that is a pittance. We have long Dorgan Kennedy Pryor

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18183 Reid Rockefeller Simon Mr. KENNEDY. Mr. President I yield were a lawyer advising a physician who Robb Sarbanes Wellstone myself 4 minutes and 15 second and ask performed abortions, I would tell him NOT VOTING—1 to be notified at that time. to stop, because there is just no way to Moynihan Mr. President, I oppose the pending tell whether the procedure will [violate So the conference report was agreed bill and strongly support the Boxer this law].’’ Dr. Robinson, who has practiced med- to. amendment to protect the lives and icine for over 40 years, expressed the Mr. GREGG. Mr. President, I move to health of women. I came away from the fear that if doctors are unwilling to reconsider the vote. November 17 Judiciary Committee hearing more convinced than ever that perform needed abortions, women will Mr. HOLLINGS. I move to lay that resort to the back-alley methods that motion on the table. this bill is an unwise, unconstitu- tional—— were used before safe, legal abortions The motion to lay on the table was became available. He testified: agreed to. Mrs. BOXER. Mr. President, if I could ask the Senator to yield, the In the 1950’s in New York, I watched f Senate is not in order. women die from abortions that were improp- PARTIAL-BIRTH ABORTION BAN The PRESIDING OFFICER. Will the erly done. By banning this technique, you would, in practice, ban most later abortions ACT Senators to the left of me take their altogether by making them virtually un- The PRESIDING OFFICER. Under conversations off the floor? available. And that means that women will the previous order, the Senate will now The Senator from Massachusetts. probably die. I know. I’ve seen it happen. resume the consideration of H.R. 1833, Mr. KENNEDY. Mr. President, I op- Despite the bill’s apparently delib- which the clerk will now report. pose the pending bill to outlaw medi- erate vagueness, the one activity it The legislative clerk read as follows: cally necessary abortions, and I strong- clearly bans is a procedure known as ly support the Boxer amendment to A bill (H.R. 1833) to amend title 18, United ‘‘intact dilation and extraction’’ or States Code, to ban partial-birth abortions. protect the lives and health of women. ‘‘D&E’’ surgery. There are perhaps 450 The Senate began to debate H.R. 1833 such operations performed in the The Senate resumed the consider- last month, a mere 6 days after the bill ation of the bill. United States each year, and they in- had passed the House. At first, the volve ‘‘wanted pregnancies gone trag- Pending: bill’s Senate sponsors even refused the ically awry,’’ according to Dr. Mary Smith amendment No. 3080, to provide a reasonable request that hearings be life-of-the-mother exception. Campbell of Planned Parenthood, who Dole amendment No. 3081 (to amendment held. But a strong bipartisan majority testified at the hearing. Dr. Campbell No. 3080), of a perfecting nature. of the Senate rejected that unaccept- explained that when emergency condi- Pryor amendment No. 3082, to clarify cer- able approach. The bill was committed tions threaten the life or health of the tain provisions of law with respect to the ap- to the Judiciary Committee for a hear- pregnant woman, this procedure is proval and marketing of certain prescription ing. But there was no committee mark- safer than any other abortion method, drugs. up and the Senate does not have the such as induced labor or caesarean sec- Boxer amendment No. 3083 (to amendment benefit of a committee report. tion. No. 3082), to clarify the application of certain The haste with which this bill is Depending upon the position of the provisions with respect to abortions where being pushed through the Senate is un- fetus in the womb, a woman is 14 times necessary to preserve the life or health of as likely to die from a C-section as the woman. seemly. Obviously, its proponents don’t Brown amendment No. 3085, to limit the want their proposal examined too from a D&E, and twice as likely to die ability of dead beat fathers and those who closely. They’d rather have the Senate from induced labor as from a D&E, ac- consent to the mother receiving a partial- vote on emotion, not on the facts. cording to Dr. Campbell. C-sections birth abortion to collect relief. I attended the November 17 hearing, create an increased risk of rupture of AMENDMENT NO. 3083 TO AMENDMENT NO. 3082, and I came away from it more con- the uterus in future pregnancies. AND AMENDMENT NO. 3081 TO AMENDMENT NO. vinced than ever that this bill is an un- The bill’s supporters ignore this com- 3080 wise, unconstitutional, and dangerous pelling medical testimony and the The PRESIDING OFFICER. Under proposal. scholarly articles that support it. They the previous order, there will now be 60 The hallmark of good legislation is rely instead on a single quotation from minutes equally divided for debate on clarity. But the November 17 hearing a single doctor to the effect that 80 per- amendments by Senators DOLE and revealed that this bill is unacceptable cent of these abortions he performs are ‘‘elective.’’ But proponents of the bill BOXER. vague. In criminal legislation like this, are grossly distorting what that doctor The Senate will be in order. that’s unconstitutional, and it’s quite said. They never complete the Who seeks recognition? likely that the courts will throw out quotation—the doctor stated that he is Mr. KENNEDY addressed the Chair. this bill under the void for vagueness referring to abortions before the sixth The PRESIDING OFFICER. The Sen- doctrine. ator from Massachusetts. month of pregnancy. The problem is obvious. The Judici- The Supreme Court has made plain Mr. KENNEDY. Mr. President, I ask ary Committee heard from a panel of that in the case of such pre-viability the Senator from California for 5 min- medical experts who could not even abortions, a woman may elect to ter- utes, when the Senate is in order. agree among themselves on the med- minate her pregnancy without the Mrs. BOXER. Mr. President, if you ical meaning of the legislative lan- undue interference from the Govern- will bring the Senate to order? guage, or on which procedures might be ment. After viability, of course, there The PRESIDING OFFICER. The Sen- banned. Dr. Courtland Robinson of are no elective abortions. As Dr. Camp- ator from Massachusetts has asked for Johns Hopkins University called the bell noted emphatically, ‘‘third tri- 5 minutes from the Senator from Cali- language ‘‘vague, not medically sub- mester abortion for healthy babies is fornia. stantiated, and just not medically cor- not available in this country.* * * Oc- Mrs. BOXER. Yes, as soon as the Sen- rect . . . the name [partial-birth abor- casionally, someone comes to see me ate is in order. I do not believe we tion] did not exist until someone who who thinks she is 10 weeks pregnant; it should start the clock running until wanted to ban an abortion procedure turns out she is 32 weeks pregnant. I the Senate is in order. Mr. President, made up this erroneous, inflammatory don’t say, ‘where can we get you a this is a very serious difficult debate. term.’’ third-trimester abortion.’ I say, ‘You Members on both sides feel very The bill’s very vagueness itself will be having a baby.’’’ strongly. I will be happy to yield 5 min- threatens the lives and health of Amer- The Judiciary Committee heard the utes to the Senator from Massachu- ican women. In the absence of a clear facts about the D&E procedure from setts when the Chair believes the Sen- definition of what is outlawed, doctors doctors. We also heard moving testi- ate is in order. will decline to perform any abortion mony from two women who needed and The PRESIDING OFFICER. The Sen- that a prosecutor or jury might later obtained this surgery to avoid serious ator will begin debate when there is find objectionable. health consequences. order. Prof. Louis Michael Seidman of Coreen Costello is a pro-life Repub- The Senator from Massachusetts. Georgetown Law Center testified: ‘‘If I lican. She learned that the fetus she

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18184 CONGRESSIONAL RECORD — SENATE December 7, 1995 was carrying had ‘‘a lethal neuro- sage will advance their goal of discred- Senator SMITH and Senator DOLE logical disorder.***Due to swelling, iting Roe versus Wade and eventually know how to write a genuine life-of- her head was already larger than that outlawing all abortions. The bill’s sup- the-mother exception. The model is ob- of a full-term baby. Natural birth or an porters in the House boasted of such a vious—the long-standing Hyde amend- induced labor were impossible.’’ The strategy. At least one witness at the ment in Medicaid, which allows Med- D&E procedure, she said, ‘‘greatly low- committee hearing spoke frankly of icaid to pay for abortions in cases ered the risk of my death.***There this broader agenda. Helen Alvare of where it is necessary to save the life of was no reason to risk leaving my chil- the Catholic Conference testified in the mother. dren motherless if there was no hope of support of the bill. She responded to But Senator SMITH and Senator DOLE saving [my baby].’’ questioning by Senator FEINGOLD that don’t want a real exception for the life Vicki Wilson testified about an she absolutely favored criminal pen- of the mother. In fact, their language equally tragic pregnancy. As she told alties for all abortion procedures. As does not even protect a woman’s life. It the committee, ‘‘approximately 2/3 of she said, ‘‘If abortion proponents are contains two gaping loopholes, and my daughter’s brain had formed on the afraid that somehow this [bill] opens these loopholes make it meaningless. outside of her skull.***Because of the public mind to considering abor- First, the Smith/Dole amendment the size of her anomaly, the doctors tion further, they are certainly right.’’ limits the types of life-threatening sit- feared that my uterus would rupture in That is why supporters of this bill do uations in which the exception applies. the birthing process, most likely ren- not mind its vagueness. They do not Only threats to a woman’s life that dering me sterile.’’ She pleaded with really want to imprison the doctors arise from ‘‘a physical disorder, illness the committee: ‘‘There will be families who perform this procedure. They want or injury’’ are covered. It does not in the future faced with this tragedy to intimidate all doctors into refusing cover the threat to a woman’s life that because prenatal testing is not infal- to perform any abortions at all. may arise from the pregnancy itself, lible. I urge you, please don’t take Before we head down that dangerous since pregnancy is not a ‘‘physical dis- away the safest procedure available. road, we should remember that Roe order, illness or injury.’’ Coreen This issue isn’t about choice, it’s about versus Wade and the subsequent Su- Costello, for example, did not have an medical necessity.’’ preme Court decisions affirming a illness like cancer or diabetes that The bill’s supporters obviously can- woman’s right to choose are based threatened her life. The threat to her not deal with the force of this first- squarely on the Constitution. The con- life arose from her pregnancy itself, hand testimony. So what do they do? stitutional basis of the decision has and would not be covered by the Smith/ They now suggest that the surgical been reaffirmed by the Supreme Court Dole exception. procedures that saved Coreen Costello in case after case since 1973. In its deci- Second, the Smith/Dole exception is and Viki Wilson were not ‘‘partial- sion in Planned Parenthood versus conditioned on whether ‘‘any other birth abortions.’’ Danforth, the Supreme Court specifi- medical procedure would suffice’’ to That devious retreat speaks volumes cally invalidated a Missouri law that save the woman’s life. This proviso is about the vagueness of this bill, and banned a particular abortion proce- an outrageous example of second-guess- the uncertainty it is designed to cre- dure. The Court held that the Missouri ing a doctor’s judgment. Doctors who ate. Even its sponsors don’t know what law might force ‘‘a woman and her phy- had literally saved a patient’s life it means. But let there be absolutely sician to terminate her pregnancy by could find themselves in a Federal pris- no mistake. The procedure that these methods more dangerous to her health on because a prosecutor and a jury con- two witnesses underwent was an intact than the method outlawed.’’ cluded after the fact that the patient’s D&E. It was the procedure depicted on This bill is a frontal assault on set- life could also have been saved using a Senator SMITH’s charts. It is the proce- tled Supreme Court law. Basically, it different medical procedure that of- dure that the bill’s proponents say they asks the Supreme Court to overrule fended Congress’ sensibilities less. object to. It is the procedure that saved Roe versus Wade. What doctor would take that chance? the lives and health of Coreen Costello At the hearing, Professor Seidman of None. The Smith/Dole exception is a and Vicki Wilson. And now the bill’s Georgetown Law Center identified a sham. It provides no significant addi- supporters pretend the bill wouldn’t half dozen independent reasons why the tional protection to doctors who want apply to those cases. If it doesn’t apply bill is unconstitutional. The most dis- to save the life of the woman. to those cases, it will not apply to any turbing of all the reasons is the bill’s Few aspects of the lives of citizens cases. failure to permit abortions that are are as sensitive and as deserving of pri- These two brave women do not stand necessarily to preserve the life of the vacy as the relationship between pa- alone. Five other women submitted woman or to protect her from serious tients and their physicians. Several testimony for the record describing adverse health consequences. years ago, we debated a proposal to gag similar cases. Thousands of women owe The Boxer amendment would at least physicians and prevent them from their lives or their health to the avail- remedy this most glaring defect. It counseling women about abortion. But ability of a surgical procedure that the states clearly that the criminal prohi- this bill makes the gag rule debate pale U.S. Senate is on the verge of out- bition in the bill will not apply in the by comparison. It puts the Federal lawing and sending any doctor to pris- case of pre-viability abortions, or in Government—indeed, Federal law en- on who performs it. the case of abortions that in the med- forcement officers—directly into the On its face, this bill is an unprece- ical judgment of the attending physi- doctor’s office in the most intrusive dented intrusion by Congress into the cian are necessary to preserve the life way. practice of medicine. Its passage would of the mother or avoid serious, adverse The procedure involved in this case is represent the first time in American health consequences. extremely rare. It involves tragic cir- history that Congress has outlawed a Every Member of the Senate who cumstances late in pregnancy where specific medical procedure and imposed supports Roe versus Wade should sup- the mother’s life or health is in danger. criminal penalties on doctors for treat- port the Boxer amendment. So should The Federal Government has no busi- ing their patients. As Dr. Robinson told every Member of the Senate who wants ness intruding into these family deci- the Judiciary Committee: ‘‘With all to protect the lives and health of sions at all, and certainly not in so due respect, the Congress of the United American women. misguided a fashion. States is not qualified to stand over In contrast, the Smith/Dole version The laws in 41 States already regu- my shoulder in the operating room and of the exception is grossly inadequate. late post-viability abortions. The ap- tell me how to treat my patients.’’ It fails to address the situation where propriations of medical practices is This political excursion into the an abortion is necessary to avoid seri- overseen by state and local health de- practice of medicine is plainly inappro- ous adverse health consequences. The partments, medical societies, hospital priate. So why is it before the Senate Boxer amendment protects both the ethical boards, and other organiza- today? The answer is simple. The right- life and the health of the woman. The tions. The Federal criminal law is a to-life movement has brought this bill Smith/Dole amendment protects only preposterous means of regulating the to Congress in the hope that its pas- the woman’s life. highly personal, individual decisions

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18185 facing families with tragic preg- and grabbed the baby’s legs and pulled them MOLINARI, and JOHN DINGELL? One pro- nancies. down into the birth canal. Then he delivered choice Member of the House com- Coreen Costello told the Judiciary the baby’s body and the arms—everything mented, ‘‘It undermines the credibility Committee: ‘‘We are the families that but the head. The doctor kept the head right of the pro-choice movement to be de- inside the uterus.... ache to hold our babies, to raise them, The baby’s little fingers were clasping and fending such an indefensible proce- to love and nurture them. We are the unclasping, and his little feet were kicking. dure.’’ families who will forever have a hole in Then the doctor stuck the scissors in the When we strip away all these argu- our hearts. We are the families that back of his head, and the baby’s arms jerked ments, we are left an uncomfortable had to choose how our babies would out, like a startled reaction, like a flinch, truth: This procedure is not the prac- die. Each one of you should be grateful like a baby does when he thinks he is going tice of medicine, it is an act of vio- that you and your families have not to fall. lence. had to face such a choice. I pray that The Doctor opened up the scissors, stuck a It is hard to clearly confront reality high-powered suction tube into the opening, no one you love ever does. Please put a and sucked the baby’s brains out. Now the in this matter, because clarity causes stop to this terrible bill. baby went completely limp. such anguish. But that reality is sim- I join Coreen Costello in urging the I was really completely unprepared for ple and terrible: The death of a child Senate to defeat this bill. The test for what I was seeing. I almost threw up as I with the most perfect angelic face I every male Senator in this Chamber is watched Dr. Haskell doing these things. think I have ever seen in my life. That very simple—would you deny this pro- Next, Dr. Haskell delivered the baby’s face should haunt us and shame us as a cedure to your wife or daughter if it’s head. He cut the umbilical cord and deliv- society. It should cause us to grieve— needed to save her life or health? ered the placenta. He threw the baby into a but more than that, it should cause us Would you send her doctor who per- pan, along with the placenta and the instru- ments he had just used. I saw the baby move to turn back from this path to barba- formed it to jail? in the pan. I asked another nurse, and she rism. This bill is medical malpractice. The said it was just ‘‘reflexes.’’ Mr. President, I ask unanimous con- Senate should stop practicing medicine I had been a nurse for a long time, and I sent to have printed in the RECORD an without a license. This bill should be have seen a lot of death—people maimed in article written by George Will called, defeated. accidents, gunshot wounds, you name it. I ‘‘Fanatics For ‘Choice.’ Partial-birth The PRESIDING OFFICER. Who have seen surgical procedures of every sort. abortions, sonogram photos and ‘the seeks recognition? But in all my professional years, I had never idea that the fetus means nothing.’’’ Mr. GRAMM addressed the Chair. witnessed anything like this. The woman wanted to see her baby, so they There being no objection, the article The PRESIDING OFFICER. The Sen- was ordered to be printed in the ator from Texas. cleaned up the baby and put it in a blanked RECORD, as follows: Mr. GRAMM. Mr. President, I yield and handed it to her. She cried the whole time. She kept saying, ‘‘I am so sorry, please as much time as he might require to FANATICS FOR ‘‘CHOICE’’ forgive me.’’ I was crying, too. I couldn’t (By George F. Will) the distinguished Senator from Indi- take it. That baby boy had the most perfect Americans are beginning to recoil against ana, Senator COATS. angelic face I think I have ever seen in my the fanaticism that has helped to produce The PRESIDING OFFICER. The Sen- life. this fact: more than a quarter of all Amer- ator from Indiana is recognized. The only possible way to defend this Mr. COATS. Mr. President, Ameri- ican pregnancies are ended by abortions. procedure is with evasion and mis- Abundant media attention has been given to cans have honest disagreements over representation. the extremism that has tainted the right-to- the subject of abortion. Strong convic- It is said that this procedure is rare. life movement. Now events are exposing the tions often lead to strident rhetoric, at But we are safely talking about hun- extraordinary moral evasions and callous- times straining the bounds of civil dis- dreds of these abortions annually. And ness characteristic of fanaticism, prevalent in the abortion-rights lobby. course. Labels and name calling too as a matter of unalienable human easily substitute for persuasion as a Begin with ‘‘partial-birth abortions.’’ Pro- rights, it should not only be rare, it abortion extremists object to that name, means of winning the hearts and minds should be nonexistent. of fellow citizens. Extremism and fa- preferring ‘‘intact dilation and evacuation,’’ I suggest, if we are talking about 1 for the same reason the pro-abortion move- naticism are served up as daily fare, abortion with this procedure rather ment prefers to be called ‘‘pro-choice.’’ What often being dismissively attached to than 600, the issue is exactly the same. is ‘‘intact’’ is a baby. During the debate that those with strong pro-life views. It is said that the child feels nothing. led to House passage of a ban on partial- And yet there are times when strong But we know that a mother’s anes- birth abortions, the right-to-life movement words are necessary, when truth, raw was criticized for the sensationalism of its thesia does not eliminate her child’s and exposed, merits an apt label. There print advertisements featuring a Dayton pain. And we know that a child killed is only one issue at stake here: It is an nurse’s description of such an abortion: in this procedure feels exactly what a affront to humanity and justice to kill ‘‘The mother was six months pregnant. The preemie would feel if its doctors de- baby’s heartbeat was clearly visible on the a kicking infant with scissors as it cided to kill it in its nursery. ultrasound screen. The doctor went in with emerges from its mother. It is said that this procedure is done forceps and grabbed the baby’s legs and This legislation is not the expression pulled them down into the birth canal. Then of extremism. Only the procedure itself to save the life of the mother. But we know that this procedure is not with- he delivered the baby’s body and the arms— is extreme—extreme in its violence, ex- everthing but the head. The doctor kept the treme in its disregard for human life out substantial risk for the mother. baby’s head just inside the uterus. The and dignity. And, in fact, its primary purpose is the baby’s little fingers were clasping and un- We have listened to the words of an convenience of the abortionist. clasping and his feet were kicking. Then the eyewitness to this procedure. So we It is said that partial birth abortions doctor stuck the scissors through the back of know what the procedure is. A pro- are part of the mainstream of medi- his head, and the baby’s arms jerked out in cine. But we know that the AMA Coun- a flinch, a startle reaction, like a baby does choice nurse who assisted an abor- when he thinks that he might fall. The doc- tionist in this procedure described the cil on Legislation stated that this prac- tice is not a ‘‘recognized medical tech- tor opened up the scissors, stuck a high-pow- procedure. I do not like to describe the ered suction tube into the opening and procedure on this floor. I do not like to nique’’ and that the ‘‘procedure is basi- sucked the baby’s brains out.’’ read the procedure. But I know one cally repulsive.’’ To object to this as sensationalism is to thing. I cannot condone or support this I am quoting. The AMA Council on say that discomforting truths should be sup- procedure. And, if we are going to vote Legislation said that this procedure is pressed. But increasingly the language of pro-abortion people betrays a flinching from with a clear understanding of what it is ‘‘basically repulsive.’’ I think anyone who understands the procedure and facts. In a woman’s story about her chemical we are dealing with, we need to under- abortion, published last year in Mother stand the procedure. knows the description of the procedure can come to no other conclusion. Jones magazine, she quotes her doctor as I quote from this pro-choice nurse saying, ‘‘By Sunday you won’t see on the who assisted an abortionist in this pro- It is said that only prolife fanatics monitor what we call the heartbeat.’’ ‘‘What cedure. support this legislation. But how could we call’’? In partial-birth abortions the birth What I saw is branded on my mind this possibly apply to Members of the is kept (just barely) partial to preserve the forever...Dr. Haskell went in with forceps House like PATRICK KENNEDY, SUSAN legal fiction that a baby (what some pro-

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18186 CONGRESSIONAL RECORD — SENATE December 7, 1995 abortion people call ‘‘fetal material’’) is not Wolf argued for keeping abortion legal but preferable one because it articulates being killed. An abortionist has told The treating it as a matter of moral gravity be- the basic constitutional standard New York Times that some mothers find cause ‘‘grief and respect are the proper tones which was setforth in Row v. Wade and such abortions comforting because after the for all discussions about choosing to endan- upheld in Casey v. Planned Parenthood killing, the small body can be ‘‘dressed and ger or destroy a manifestation of life.’’ This held’’ so the (if pro-abortionists will pardon temperate judgment drew from Jane John- in 1992, an opinion written by three the expression) mother can ‘‘say goodbye.’’ son, interim president of Planned Parent- Justices appointed by Presidents The New York Times reports, ‘‘Most of the hood, a denunciation of the ‘‘view that there Reagan and Bush. doctors interviewed said they saw no moral are good and bad reasons for abortion.’’ So, When you talk about the life of the difference between dismembering the fetus who now are the fanatics? mother and the health of the mother, within the uterus and partially delivering it, Mr. COATS. With that, Mr. Presi- conditioning the health on ‘‘serious ad- intact, before killing it.’’ Yes. dent, I yield the floor. verse health consequences,’’ that is the Opponents of a ban on partial-birth abor- constitutionally protected doctrine. tions say almost all such abortions are medi- The PRESIDING OFFICER. Who cally necessary. However, an abortionist at yields time? When you talk about the language of the Dayton clinic is quoted as saying 80 per- Mrs. BOXER. Mr. President, I yield the Dole amendment, which I intend to cent are elective. Opponents of a ban on such myself 2 minutes, and then I will yield support, it is not in the blanket terms abortions assert that the baby is killed be- directly to Senator SPECTER. of life of the mother as in the Hyde fore the procedure, by the anesthesia given I wish to put a face to the women in amendment or the traditional amend- to the mother. (The baby ‘‘undergoes de- this debate, so night after night as ments which are offered on appropria- mise,’’ in the mincing words of Kate Senator SMITH and I have debated this tions bills which make an exception for Michelman of the National Abortion and Re- issue, I have shown the faces of dif- life of the mother but instead talks productive Rights Action League. Does ferent families who have had to face about ‘‘saving the life of the mother Michelman say herbicides cause the crab grass in her lawn to ‘‘undergo demise’’? Such this tragedy who are never shown on whose life is endangered by a physical Orwellian language is a sure sign of squeam- the posters that the other side has used disorder, illness or injury, provided ishness.) However, the president of the during this debate. Those are the faces that no other medical procedure would American Society of Anesthesiologists says that I think are very, very crucial and suffice for that purpose.’’ this ‘‘misinformation’’ has ‘‘absolutely no very, very important. That language is hard to interpret at basis in scientific fact’’ and might endanger This is Coreen Costello about whom best, and I do believe would place sub- pregnant women’s health by deterring them Senator KENNEDY commented. This is a stantial doubt in the minds of many from receiving treatment that is safe. woman who describes herself as a pro- doctors who would be called upon to Opponents of a ban say there are only about 600 such procedures a year. Let us sup- life Republican who underwent this try to figure out what it means. pose, as not everyone does, the number 600 is procedure so she could live to see her This is a medical procedure which is accurate concerning the more than 13,000 other children grow. chilling beyond any question, and we abortions performed after 21 weeks of gesta- Why on Earth would we in the Sen- do at the present time have a line tion. Still, 600 is a lot. Think of two crashes ate, knowing nothing about medicine, drawn as to when there is someone of jumbo airliners. Opponents of the ban ban a procedure that some doctors tes- alive protected by the laws against darkly warn that it would be the first step tified before us at the Judiciary Com- homicide and infanticide and the con- toward repeal of all abortion rights. Col- mittee saves lives like this and gives stitutional protections which apply on umnist John Leo of U.S. News & World Re- these children a mother. the medical procedure of abortions. port says that is akin to the gun lobby’s ar- We had only 1 day of hearings on this gument that a ban on assault weapons must I would say that as Senator COATS lead to repeal of the Second Amendment. read the quote from the nurse, what he matter. The day we had was certainly In a prophecy born of hope, many pundits failed to say is she had worked for 3 preferable to having no hearings at all, have been predicting that the right-to-life days in this clinic in a temporary ca- but we were unable to get on relatively ‘‘extremists’’ would drastically divide the pacity. The fact is that her supervisor short notice, because we had a very Republican Party. But 73 House Democrats wrote the following, and I would place limited time span, the doctors who voted to ban partial-birth abortions; only 15 it in the RECORD: were really familiar with these proce- Republicans opposed the ban. If the ban sur- dures. The fact is that those who are vives the Senate, President Clinton will Miss Pratt— probably veto it. The convention that nomi- This nurse— familiar were reluctant to step forward nated him refused to allow the Democratic Absolutely could not have witnessed and offer medical judgments. But we governor of Pennsylvania, Bob Casey, who is fetal movement as she describes. We do heard very profound testimony from pro-life, to speak. Pro-choice speakers ad- not train temporary nurses in second physicians who expressed the concern dressed the 1992 Republican Convention. The trimester dilation and extractions about having legislation in this field two presidential candidates who hoped that a since it is highly technical and would where it is very difficult to start to pro-choice stance would resonate among Re- not be performed by someone in a tem- draw lines about what medical prac- publicans—Gov. Pete Wilson, Sen. Arlen porary capacity. tices and what medical procedures Specter—have become the first two can- He also failed to mention that the ought to be. didates to fold their tents. In October in The New Republic, Naomi American Nurses Association, which There is so much to be said for the Wolf, a feminist and pro-choice writer, ar- represents 2.2 million nurses, who learn proposition that it is between the doc- gued that by resorting to abortion rhetoric to save lives, strongly opposes this leg- tor and the patient as to what is nec- that recognizes neither life nor death, pro- islation. They do not believe it is hu- essary for the life of a mother, which is choice people ‘‘risk becoming precisely what mane to deprive women such as Coreen at least the most restrictive standard our critics charge us with being: callous, Costello and their beautiful families of which ought to be adopted in clearcut selfish and casually destructive men and a chance to live. So we will be talking terms and really is not by the amend- women who share a cheapened view of about that. ment offered by the distinguished ma- human life.’’ Other consequences of a ‘‘lexi- And now I would yield 4 minutes to jority leader but really ought to be ex- con of dehumanization’’ about the unborn are ‘‘hardness of heart, lying and political the Senator from Pennsylvania, Mr. tended life of the mother or health of failure.’’ Wolf said that the ‘‘fetus means SPECTER. the mother which has been established nothing’’ stance of the pro-choice movement The PRESIDING OFFICER. The Sen- by the constitutional parameters by is refuted by common current practices of ator from Pennsylvania. the Supreme Court of the United parents-to-be who have framed sonogram Mr. SPECTER. Mr. President, I States. photos and fetal heartbeat stethoscopes in thank the distinguished Senator from We have legislation which is very their homes. Young upscale adults of child- California. profound in its import, which had one bearing age are a solidly pro-choice demo- Mr. President, I support both of the limited hearing in the House, one lim- graphic group. But they enjoy watching pending amendments, the amendment ited hearing in the Senate, and which their unborn babies on sonograms, respond- offered by the distinguished majority we will be legislating upon which will ing to outside stimuli, and they read ‘‘The Well Baby Book,’’ which says: ‘‘Increasing leader, Senator DOLE, and the amend- leave many, many open questions and knowledge is increasing the awe and respect ment offered by the distinguished Sen- many doubts on a very, very serious we have for the unborn baby and is causing ator from California, Mrs. BOXER. medical procedure. us to regard the unborn baby as a real person I believe that the broader amend- So, at a minimum, Mr. President, I long before birth...’’ ment, the Boxer amendment, is the hope that the Boxer amendment would

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18187 be adopted as well as the Dole amend- only the head of the child remains in of us advocated that this legislation go ment. the womb, its life is terminated—just 3 to committee so that we would have a The PRESIDING OFFICER. The 4 inches away from the full protection of chance to hear first hand from those minutes yielded to the Senator from the Constitution. women who would be affected by this Pennsylvania have expired. This amendment bans no other type kind of legislation, that without a The Senator from New Hampshire. of abortion. It simply bans this proce- doubt this amendment becomes even Mr. SMITH. Mr. President, how much dure, which I believe is offensive, and more important, more crucial, more time is available on our side. which I believe is unacceptable in a vital to women’s health. The PRESIDING OFFICER. There civilized society. Twenty-two years ago the Supreme are 22 minutes, 14 seconds. I hope our colleagues will vote for Court handed down the Roe versus Mr. SMITH. And the other side? the Dole amendment because it formal- Wade decision. It said that the wom- The PRESIDING OFFICER. There izes what those of us who were for the an’s interest and decisions in reproduc- are 19 minutes exactly. Smith proposal to begin with under- tive matters should remain paramount. Mr. SMITH. I will yield 5 minutes to stood, and that is, the life of the moth- It also said the States could ban abor- the Senator from Texas, Mr. GRAMM. er exception was included to begin tion in the last trimester. But they The PRESIDING OFFICER. The Sen- with. This further clarifies it for some- also had to include exceptions for when ator from Texas. one who is concerned about that. And I the life and health of the mother is in Mr. GRAMM. Mr. President, I wish to think it is a legitimate concern, danger—let me repeat—as long as they begin by congratulating our dear col- though I was satisfied with the original allowed exceptions for cases in which a league from New Hampshire. First of language. But with the Dole amend- woman’s life and health is endangered. all, I wish to congratulate him for his ment adopted, I think we have a clear- The Supreme Court has reaffirmed leadership on this issue. I wish to con- cut choice. I hope our colleagues will that decision time and time again. gratulate him for the way that he has vote for the Dole amendment, against Forty-one States ban abortion in the handled the issue. I hope that we are the Boxer amendment, and then vote last trimester, but they provide excep- successful today in ending this proce- for the Smith proposal. tions for the life and health of the dure which I believe no civilized soci- I think it is the right thing to do. I mother, as is constitutionally required ety can condone. am very proud to associate myself with by the Roe versus Wade decision. That This is not an issue that I had heard the distinguished Senator from New is what the Boxer amendment does. It discussed before on the Senate floor Hampshire on this issue. I reserve the upholds that decision providing for the until one day I came over to the floor remainder of our time. life and health of the mother. The Su- to speak on another subject, and the Mrs. BOXER addressed the Chair. preme Court recognized, in its wisdom, distinguished Senator from New Hamp- The PRESIDING OFFICER. The Sen- that there would be certain limiting, shire was describing this procedure. ator from California. exceptional, tragic circumstances that Questions were raised as to whether Mrs. BOXER. I plan to yield to the may require an abortion in the final someone might be offended by the de- Senator from Maine, Senator SNOWE, in trimester. That is a decision that has scription. I rose simply to make the a moment. to be made between the doctor and his point that if we are offended by the de- I wanted to answer a couple points patient. scription of the procedure, surely we made by my friend from Texas. First, have to be offended by the fact that the he did describe the usual life-of-the- Without such an exception, without procedure is occurring in America mother exception, which we voted on providing for life and health excep- today. many times in the Senate, which is tions, innocent women are harmed. I I joined the distinguished Senator usually the Hyde language. That is not have been somewhat amazed by some from New Hampshire as his original co- the language in the Dole amendment. of the discussion that has taken place sponsor when he introduced the bill. The language in the Dole amendment, here on the floor. These are not casual There were only two of us to begin although described as life-of-the-moth- decisions. These are not decisions that with on the bill. That number has er, relates to a woman with a pre- are made lightly. This procedure is not grown. existing condition, not to situations performed for sex selection. I do not know that I can add much to that we are talking about where the These are tragic and compelling cir- this debate. But let me try to sum up woman’s life is in danger due to the cumstances under which a woman has my feelings on the issue. The Dole pregnancy itself. to make this decision. That was amendment, which is now pending, re- So the only real life-of-the-mother verified and reinforced by the testi- moves any doubt about the fact that exception is the Boxer amendment. But mony presented by so many women be- the life of the mother and any threat we will support both Dole and Boxer fore the Judiciary Committee recently. to the life of the mother is a defense because under the Dole amendment It was compelling testimony. These are for using this procedure. If the moth- two or three women may be saved a heart-wrenching decisions and very dif- er’s life is in danger, this procedure can year. Under the Boxer amendment you ficult ones. These are procedures that be used. will save more women like Coreen and are rarely performed, seldom per- So the question really boils down to others. So we would advise Senators to formed. But there are times in which whether a civilized society can condone vote for both. they have to be performed to save the this procedure when the life of the I want to say that I am very proud life of the mother or to prevent drastic mother is not at risk. And I submit that we reached across the aisle here consequences to her health. Those are this: We have heard the description. We and the Boxer amendment is supported the facts. have heard testimony of a nurse who by Senator BROWN, Senator SPECTER, There have been 450 such procedures witnessed this procedure first-hand. It Senator SNOWE, and also on our side, performed annually. They are so rare really boils down to this. This proce- Senators MURRAY, MOSELEY-BRAUN, that they amount to 0.04 percent in the dure is almost always used with a late- and LAUTENBERG. last trimester. Now we are talking term baby, which is generally viable At this time I yield 4 minutes to the about criminalizing a procedure that outside the womb. And when the baby Senator from Maine, Senator SNOWE. can save the life and the health of the is 3 inches away from the full protec- Ms. SNOWE. I thank the Senator for mother. Now we are saying that polit- tion of the Constitution, the baby’s life yielding. ical judgment will override medical is terminated in a violent manner that Mr. President, Members of the Sen- judgment. I think is objectionable in a civilized ate, I rise in support of the amendment I cannot imagine that any doctor, society. that has been offered by my colleague under the language in this legislation, The question is, Are we going to stop from California, Senator BOXER. I if this amendment is not accepted, it? I remind my colleagues, this is a think there is no question in light of would be willing to take an action that vote about banning a procedure when the testimony that was presented to is the safest and the most appropriate the mother’s life is not in danger. The the Judiciary Committee during a course, given the criminal prosecution child is delivered feet first, and when hearing on this legislation, when many involved in this legislation, unless we

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18188 CONGRESSIONAL RECORD — SENATE December 7, 1995 accept the Boxer amendment that pro- of either body on the issue of abortion. way delivered through the birth canal. vides for the exception in cases of life I never felt in my heart comfortable It is not terminated, it is killed. and health. coming to the floor and talking about Whether you are for abortions or One doctor was quoted in the New legislating the issue of abortion. against abortions, you cannot be for York Times recently. He said, ‘‘I don’t I thought, as do many folks who vote doing this. It shocks the conscience of want to make medical decisions based pro-life here, that the issue is one that a society and should not—should not— on congressional language. I don’t we have to educate and we have to be a procedure that is sanctioned by want to be that vulnerable. It’s not change hearts and we have to go out to this body. what I want for my patients.’’ the public and sensitize the public to I yield back the remainder of my The PRESIDING OFFICER. The Sen- the horrors of abortion in this country. time. ator’s time has expired. I say that as someone who is pro-life, Mrs. BOXER addressed the Chair. Mrs. BOXER. I yield the Senator an but I think there are people who are The PRESIDING OFFICER. The Sen- additional 60 seconds. pro-choice who believe also that abor- ator from California. The PRESIDING OFFICER. The Sen- tion is wrong, it should be minimized Mrs. BOXER. Mr. President, I yield ator is recognized for an additional 60 in this country. So I always felt un- myself 4 minutes, and I am glad the seconds. comfortable talking about legislating Senator from Pennsylvania is staying Ms. SNOWE. Another doctor, Dr. abortion. here because his remarks about this Robinson, an OB-GYN at Johns Hop- I have to say, I felt compelled to family are the most outrageous thing I kins, testified before the Judiciary come up and talk about this. This is have ever heard. Committee: not about pro-life or pro-choice. This is The reason this family is smiling is Telling a doctor that it is illegal for him or about a horrific procedure that should because Coreen Costello was pregnant her to perform a procedure that is safest for shock the conscience of anyone who with her daughter, Katherine Grace, a patient is tantamount to legislating mal- has heard how this procedure is done. and the dad’s hand is on her stomach, practice. The Senator from Maine just said, and they are so excited about having So what we are doing under this leg- ‘‘Well, you are going to take folks and this baby, their third child. islation if we do not accept the Boxer force them from one risky procedure to This is a woman who is pro-life who amendment is saying to doctors, we another risky procedure. That may be found out that Katherine Grace had a want you to perform more dangerous, true, but this risky procedure shocks lethal neurological disorder and had more traumatic procedures for the the conscience of anyone who has been unable to move for 2 weeks. woman, even if it is against their best heard it described. This is so horrific. Do you want facts? I will give you medical advice; for example, caesarean There is some sort of moral code in facts, sir. sections, that would require four times this country. To see a baby three-quar- The movements that Coreen had been the risk of death as vaginal delivery. In ters born have scissors stuck in the feeling were not the healthy kicking of fact, a woman is 14 times more likely back of their brain—where have we her baby. They were nothing more than to die from a caesarean section than come as a country when we say, ‘‘Well, bubbles in amniotic fluid which had from the procedure that this legisla- we need a statute to prohibit that,’’— puddled in her uterus rather than flow- tion seeks to outlaw. this is wrong. ing through the baby. The baby had not Induced labor carries a potentially I do not even think we should be hav- been able to move for months—not her life-threatening risk and threatens the ing debate about it. One of the prob- eyelids, not her tongue, nothing. The future fertility of women by poten- lems I think many of us have who are baby’s chest cavity was unable to rise tially causing cervical lacerations and pro-life, who are conservative is that and fall to stretch her lungs to prepare hysterectomies which leave women we tend to argue facts and figures. I them for air. Her lungs and her chest often unable to have children for the was ready to read you that of the two were left severely undeveloped, almost remainder of their lives. doctors who performed the majority of to the point of nonexistence. Her vital As one professor said during the these abortions, half of the babies who organs were atrophying. hearing, the only thing that this proce- were born were perfectly healthy. One The doctors told Coreen and her hus- dure does is to channel women from doctor testified to that effect and nine band the baby was not going to survive, one less risky abortion procedure to of the flawed babies had cleft palate. and they recommended terminating another more risky abortion procedure. Flawed babies. the pregnancy. She did not have an op- That is what we are doing here. He said We had Dr. Haskell, the other abor- tion. Her doctor told her if she did not that the Government does not have a tionist who does this, saying 80 percent use this procedure, which you will vote legitimate interest in trying to dis- of the abortions were purely elective to outlaw today, she would probably courage that. abortions. So do not try to sell a bill of not live. I hope that we will not throw wom- goods. Those are facts and figures. So when you stand up here and you en’s lives and women’s health into I think what we have trouble with talk about happy faces and you try to limbo by rejecting this legislation. I sometimes, as Republicans, is we put demean the other side, you ought to hope that they support the Boxer up charts, graphs, and numbers, and know your facts and, sir—— amendment. people just sort of glaze over. On the Mr. SANTORUM. If the Senator from The PRESIDING OFFICER. The Sen- other side, they are much smarter. California will yield. ator from California. There is Senator BOXER with pictures Mrs. BOXER. I have no time to yield Mrs. BOXER. Mr. President, I do not of happy faces. There are no facts and on my time. I will be glad to yield on need time at this point. figures. your time. The PRESIDING OFFICER. The Sen- There is no medical evidence to sup- Mr. SANTORUM. Thirty seconds. ator from New Hampshire. port that partial birth abortion is the You cannot have it both ways, Senator. Mr. SMITH. I yield 5 minutes to the right thing to do, this is the moral You cannot have it both ways. You Senator from Pennsylvania. thing to do, that this is what our soci- cannot have a life-of-the-mother excep- The PRESIDING OFFICER. The Sen- ety should stand for. No, you put up tion, claim her life is in jeopardy and ator from Pennsylvania. pictures of happy, smiling faces. You say our bill does not take care of that. Mr. SANTORUM. Mr. President, I pull at the heartstrings on the other If you are going to claim life-of-the- thank the Senator from New Hamp- side and hope that all the truth just mother in her case, our bill covers shire for yielding. I want to congratu- gets pushed in the background. that. late him on the work he has done. He There is an obvious truth here. There If you are going to claim that she has been here many, many days and is an obvious truth here. You have a had alternative procedures, like a ce- many, many hours debating a very dif- baby, not what they like to refer to as, sarean or other kinds of procedures ficult, emotional issue. ‘‘an intact dilation and extraction.’’ where she could have had an alter- I have been in the U.S. Senate and That is the way they describe this. An native, you cannot argue both sides of the House of Representatives now for 5 intact procedure. This intact thing is a the story, Senator. You have to argue years. I have never spoken on the floor baby, and it is three-quarters of the the facts, just one side at a time.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18189 Mrs. BOXER. Mr. President, if I may Second, it is poorly drafted. The But I believe it is absolutely essen- reclaim my time. bill’s vague language will have a tial that we pass the amendment of- The PRESIDING OFFICER. The Sen- chilling effect on physicians who pro- fered by Senator BOXER. Her amend- ator from California has the floor. vide abortions. ment provides clear, direct language. It Mrs. BOXER. Mr. President, I have Third, it provides no exceptions for will enable physicians to use their ex- read you the facts of the case. The doc- cases involving threats to the life and pert medical judgment to act to pre- tor said her life might be in danger. health of the woman. serve the life of the woman or to avert The doctor said for sure she could suf- Fourth, most significantly, it is a di- serious, adverse consequences to her fer infertility. That is not excepted in rect assault on Roe versus Wade. In my health. your bill. As a matter of fact, sir, when view, the bill is part of a concerted ef- Senator BOXER’S amendment makes your bill was written, there was no ex- fort to ban all abortions. it clear that when a woman must ception at all, and the exception that is I oppose this bill because it is a dan- choose abortion late in pregnancy, she now in your bill would not cover her gerous and unwarranted intrusion on must have access to the safest possible particular case in any event because the doctor/patient relationship. It has procedure. And, physicians, not Sen- your exception only covers a pre- an impact far beyond the issue of abor- ators, should make that decision. existing condition. Therefore, the tion. For the first time, Congress The Boxer amendment lets doctors be Boxer-Brown language is absolutely es- would be deciding what medical proce- doctors. It trusts them to do what is sential to cover this particular case. dures a doctor can and cannot provide. right for their patients. It ensures that I will give you more facts, I say to This bill substitutes political reasoning women’s lives and health are not put at my friend from Pennsylvania. The for medical judgment. Congress, not risk. I strongly urge my colleagues to American College of Obstetricians and medical experts, would pass judgment vote for this essential amendment. Gynecologists represents 35,000 physi- on a medical procedure. I oppose this bill because it is poorly cians. They opposes this bill. They H.R. 1833 makes criminals of doctors, drafted. It is filled with vague, non- think it is dangerous. doing their best to serve the patient’s medical terminology. Much of the Ju- The American Nurses Association, needs, who perform the procedure diciary Committee hearing was spent representing 2.2 million nurses, oppose banned by the bill. It makes criminals debating what the bill meant. Wit- this bill. So those are just some of the of doctors even when in their expert nesses and committee members alike facts. opinion, the procedure is medically could not agree on such basic questions Mr. President, I ask unanimous con- necessary to save a woman’s life or pre- as: How is the procedure in question sent to add Senator MIKULSKI as a co- vent serious, adverse consequences to actually performed? What procedure is sponsor of the Boxer-Brown amend- her health. the bill describing at all? What does ment. At the November 17 hearing, medical partial birth mean? The PRESIDING OFFICER. Without experts had very different views on If Congress passes H.R. 1833, and it is objection, it is so ordered. what the procedure involves, on what signed into law, I guarantee you will Mrs. BOXER. I yield the floor and re- the medical alternatives would be, and open the door to endless litigation in serve the remainder of my time. on what is best to safeguard a woman’s an effort to sort out what the bill does The PRESIDING OFFICER. Who life and health. If they cannot agree on and does not do. yields time? this medical issue, how can we expect The bill’s vagueness creates a further Ms. MIKULSKI. Mr. President, I rise to legislate in this area? This is reason problem, whether intentionally or not in opposition to H.R. 1833. I oppose it enough why Congress should not inter- is unclear. This lack of clarity would because it is a direct assault upon vene in decisions on medical procedure. have a chilling effect on abortion pro- women’s reproductive rights. I oppose this bill because it provides viders, who are trying to make the best But let me first thank Senator SMITH no true exception for the life and decision for their patients. Physicians for agreeing to support the motion health needs of the woman. At the who are trying to do their duty to pro- which the Senate adopted on November hearing, very compelling testimony tect life or health, now will have to 8. This motion called on the Judiciary was offered by women who have faced guess whether their decision might vio- Committee to hold a hearing on H.R. the difficult decision to have a late late Federal law. 1833, the so-called partial-birth abor- term abortion to save their lives or How many doctors will continue to tion ban. their health. These were women who perform this type of late term abor- As my colleagues know, the com- eagerly awaited the birth of their tion, or any abortions at all, if faced mittee held that hearing on November child. with possible criminal or civil liability. 17. I believe the hearing process was Then a medical emergency oc- There is already a tremendous shortage very important. The issues raised by curred—one that threatened their lives of abortion providers. The bill will this bill are complex and sensitive. It is or posed serious consequences to their make this shortage even greater. And, vital they be thoroughly explored be- health. Congress should not tell these of course, that is part of the plan—to fore the Senate votes on this legisla- women, and others who face this most scare doctors from the field. tion. tragic and personal of decisions, that Doctors who provide abortion serv- I believe both proponents and oppo- they cannot have the medical proce- ices already face death threats, nents of H.R. 1833 found the hearing dure their physician recommends to firebombings, and harassment at work most helpful. I think all would agree save their life, or their health, or their and home. Now they will have to look Senator HATCH conducted a fair and in- ability to have a child in the future. over their shoulder in fear of arrest. formative hearing. We heard from med- Congress should not tell them that it Who will be willing to provide abortion ical professionals, legal and constitu- knows better than their doctor what services in that climate? And who will tional experts, and from the women medical care they should be provided. pay the price? Women will pay the themselves who courageously shared Senator SMITH has offered an amend- price, women trying to exercise their their compelling and heartrending sto- ment to provide an exception for cases right to a legal medical procedure. ries. where the woman’s life is at risk. I Finally, Mr. President, I oppose this After reviewing all of the testimony, have some concerns about this amend- bill because it is a direct assault on I am more convinced than ever that ment. I fear it may not cover all situa- Roe versus Wade. In Roe and all its Congress should not pass the bill before tions where the life of the woman is subsequent rulings, the Supreme Court us. I heard nothing to change my mind, threatened by continuing her preg- has consistently upheld the right of and much to reinforce my deep con- nancy. And I am concerned that, under doctors to perform late term abortions cerns. his amendment, the burden of proof to protect life or health. The Court has Let me tell you why I oppose this will still be placed upon the physician. allowed States to ban post-viability bill. However, I will support his amend- abortions, but only when an exception First, it intrudes on the doctor/pa- ment. If it will save even a few women for life or health is provided. tient relationship, by criminalizing a who need a late term abortion to save The Court has maintained that a doc- specific medical procedure. their lives, I cannot oppose it. tor’s first duty is to the woman. Her

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18190 CONGRESSIONAL RECORD — SENATE December 7, 1995 life and health must be the doctor’s But, unfortunately, it looks like Mr. LEVIN. Mr. President, the Su- paramount concern. The doctor cannot there are Senators who are intent on preme Court has held in Roe versus trade off her life for the life of the pressing on with this bill, and so we, at Wade and reaffirmed in Planned Par- fetus. least, have to try and do what our col- enthood versus Casey, that States can So, this bill, by ignoring the Court’s leagues in the House failed to do—to ban late-term abortions except when requirement of a life and health excep- include an exception for cases to save necessary to preserve a woman’s life or tion is a direct challenge to Roe. And the life and health of the mother. Mr. health. Forty-one States have estab- not the last challenge. Proponents of President. The Senator from New lished postviability bans on abortion this bill have made clear they want to Hampshire has offered an amendment with exceptions to preserve a woman’s ban all abortions, one procedure at a which he claims provides a life of the life or health. Only one State has time, one woman at a time. mother exception. Well, I will vote for banned the intact D&E abortion proce- If they succeed in passing this bill, his amendment, because it is at least a dure which is the apparent subject of what procedure will they target next? step in the right direction. the bill before the Senate and that ban Which women will next be denied their But let’s be honest. The amendment is being challenged in the courts. right to choose? If we allow this bill to makes no room for instances where, in Forty-nine States have not banned pass, even with the amendments which the medical judgment of the attending this procedure. If the bill before the I hope will be adopted, Congress will physician, the procedure would be nec- Senate becomes law, the Federal Gov- have struck a major blow against re- essary to avert serious health con- ernment would dictate the regulation productive rights. sequences to the woman—consequences of abortion by banning a specific abor- Mr. President, the basic question is such as severe hemorrhaging or paral- tion procedure. This Federal ban in not what is decided, but who decides. ysis. this bill would even apply to abortions And the answer is, women and their Only the Boxer amendment can be performed previability, that is, in the doctors should decide, not politicians. considered a true life exception. Only second trimester and the bill does not Women must have the right to make the Boxer amendment takes the health contain the exception required by Roe, their own decisions on reproductive of women into account. Only the Boxer to preserve a woman’s health. matters, in consultation with their amendment sends the right message to Some physicians believe the intact physicians. That is what it means to be the families of this Nation, to the D&E abortion procedure represents the pro-choice, and that is why I will op- women who are faced with an unimagi- safest late-term abortion option. Oth- pose this bill. nable tragedy. We hear, over and over ers disagree. Politicians are not again, graphic depictions of this proce- Mrs. MURRAY. Mr. President, let me equipped to make decisions banning dure, but what of the vivid descriptions just say at the outset that I think it is specific medical procedures when the of the pain and torment these mothers incredible that we are here today de- medical community itself cannot even have gone through? Of the horror of bating this bill. There are unfinished reach agreement on these decisions. We losing a much wanted child? Of the fear appropriations bills, and an unresolved should not be voting to criminalize a that she will never again have a chance Federal budget situation that demand specific medical procedure when doc- our full attention. I believe the Amer- to have a baby? Is there anyone here who honestly tors themselves are divided on the mat- ican people would prefer us to address ter. the real issues of the day—issues that believes these women are choosing to have a late-term abortion? This insinu- If a physician is engaged in any inap- affect our hard-working families—and propriate medical practice, the medical not this kind of divisive, inflammatory ation is an affront to the women of this Nation. The small number of women establishment has systems of peer and legislation. who have late-term abortions do so be- professional review in every State to Of course, the reality is that we are deal with it. These systems of review here and we are considering this so- cause their doctors have determined it to be medically necessary to save their include State medical boards and peer called partial-birth abortion ban, and review on hospital review boards that there are a few things that I want to lives and their health. End of story. The Boxer amendment says: We re- police their membership. They should say regarding the bill, and also to talk spect you and will leave this difficult be the ones to ban a procedure if they briefly about the amendment offered decision where it belongs—between determine it to be inappropriate. by my friend, Senator BOXER. you, your doctor, and your God. We But physicians and their review proc- Mr. President, I have listened care- think it is important to allow families esses have not banned this procedure. fully to this debate and I am increas- to choose the procedure that is best for In fact, the American College of Obste- ingly convinced that it is far from them, to best protect the health of the tricians and Gynecologists, an organi- being a clear and narrowly defined woman and to best safeguard her zation representing more than 35,000 piece of legislation, as the proponents chances of being able to conceive physicians that specialize in this area of the bill keep claiming it to be. I find again. of medicine, oppose the bill before us. it to be a vaguely written and dan- Without this amendment we send the It wrote, in a letter to majority leader gerous attempt to ban not just a single women of this country the message: DOLE, that: procedure. Rather, I see it as a way to ‘‘We don’t care about you, we don’t re- The College finds very disturbing that Con- instill fear and confusion in the doctors spect your or your doctors. The U.S. gress would take any action that would su- who perform abortions, and to deter Congress and the Federal Government persede the medical judgment of trained them from performing a procedure that know best. physicians and criminalize medical proce- may help save a woman whose life is in Well, I don’t believe Congress know dures that may be necessary to save the life danger. best. We should leave this difficult de- of a woman. It seems clear to me this bill is about cision to the experts and to the fami- The American Medical Women’s As- families who are faced with a terrible lies who are faced with this tragedy. sociation, Inc., representing 13,000 tragedy, and it is about the doctors Congress has no place telling doctors woman physicians, has also said of the who must make an expert decision what procedures they can and cannot bill: based on what they believe to be in the perform—we have never even consid- This legislation represents a serious im- best interest of the mother. Frankly, ered getting involved in the lives of pingement on the rights of physicians to de- this bill is about Congress muscling its physicians, and we shouldn’t start now. termine appropriate medical management way into the doctor’s office. It is not Not this way. for individual patients. only presumptuous, it is unprecedented There is too much at stake, and I ap- In addition, the American Nurses As- and it is dangerous. We are proposing peal to the common sense and human- sociation, the only full-service profes- to criminalize doctors, and I want to ity of each Member of this Chamber: If sional organization representing the caution each and every one of my col- you must pass this reprehensible bill, Nation’s 2.2 million registered nurses leagues to stop this legislation. Like at least vote to include this critical through its 53 constituent associations, Senator BOXER has said, this is a slip- modification, and allow for exceptions oppose the bill. Their letter states: pery slope we do not want to start in cases where women’s health and It is the view of the American Nurses Asso- down. lives are at stake. ciation that this proposal would involve an

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18191 inappropriate intrusion of the federal gov- left legal when some have argued they AMERICAN MEDICAL ernment into a therapeutic decision that are less safe for the mother, while this WOMEN’S ASSOCIATION, INC., should be left in the hands of a pregnant one procedure, which some physicians Alexandria, VA, November 5, 1995. woman and her health care provider. believe is the safest for the mother, is Hon. ——— ———, I also received letters from physi- U.S. Senate, made criminal? Washington, DC. cians in Michigan familiar with this These other procedures that are left field of medicine opposing the proposed DEAR SENATOR ———: On behalf of the legal under this bill include inducing 13,000 women physician members of The ban of the intact D&E abortion proce- labor and delivery with drugs despite American Medical Women’s Association, I dure. I ask unanimous consent to in- evidence of risk to the woman. A cae- write to express AMWA’s concern regarding sert those letters in the RECORD. sarean operation called a hysterotomy, Senate bill S. 939, ‘‘The Partial-Birth Abor- The PRESIDING OFFICER. Without which could result in severe bleeding, tion Ban’’. objection, it is so ordered. infection and even death for the It is the position of the American Medical [See exhibit 1.] Women’s Association that this legislation woman, is also left legal, even in the Mr. LEVIN. This bill would crim- represents a serious impingement on the third trimester to preserve the wom- inalize a so-called partial birth abor- rights of physicians to determine appro- an’s life. Another procedure that would tion which is defined by the bill as, ‘‘an priate medical management for individual be left legal under this bill is called abortion in which the person per- patients. AMWA recently passed resolution standard D&E which is performed in 15, which opposes federal legislation banning forming the abortion partially the second trimester and does not de- this or any other medical procedure deter- vaginally delivers a living fetus before liver the fetus intact, but removes the mined to be of benefit to patients, at its an- killing the fetus and completing the fetus from the uterus piece by piece. nual House of Delegates Meeting. delivery.’’ Senator HATCH referred to a AMWA urges the Senate to carefully con- statement by Dr. Haskell, a physician In conclusion, the Supreme Court has sider the implications that its support of who has performed many intact D&E held that States can ban late-term this legislation will have on the practice of abortion procedures, that only about abortions except when necessary to medicine. We encourage the Senate to ac- one-third of the fetuses he extracted protect a woman’s life or health. tively oppose S. 939 as legislation which un- using the procedure were dead. Forty-one States have done that. But duly interferes with the physician-patient only one State has banned the intact relationship. My question is, in the one-third of Sincerely, the intact D&E abortion procedures he D&E abortion procedure, and that ban is being challenged in the courts. JEAN L. FOURCROY, MD, Ph.D., performed where the fetuses were dead, President. did Dr. Haskell know before beginning Forty-nine States have not acted to the procedure if those fetuses were ban intact D&E. The medical profes- AMERICAN NURSES ASSOCIATION, dead? If he, and any other physicians in sion’s own self-regulating system has Washington, DC, November 8, 1995. this situation, did not, they were tak- also not acted to ban intact D&E. The Hon. CARL M. LEVIN, ing a risk by beginning a procedure U.S. Senate is not equipped to make U.S. Senate, that could be a criminal act under the this technical medical decision. Washington, DC. terms of this bill. The bill under consideration today DEAR SENATOR LEVIN: I am writing to ex- The Senator from New Hampshire press the opposition of the American Nurses would ban abortions using this proce- Association to H.R. 1833, the ‘‘Partial-Birth and others have said that Coreen dure even in the second trimester and Abortion Ban Act of 1995’’, which is sched- Costello’s abortion was not a partial it does not allow for an exception re- uled to be considered by the Senate this birth abortion, presumably because she quired by Roe, to preserve a woman’s week. This legislation would impose Federal said the ‘‘fetus passed away peacefully health. criminal penalties and provide for civil ac- in the womb.’’ Finally, this bill establishes Federal tions against health care providers who per- Did the physician know when he criminal penalties for a specific abor- form certain late-term abortions. began the procedure whether the fetus tion procedure which may be the safest It is the view of the American Nurses Asso- ciation that this proposal would involve an was alive or dead? If a physician alternative for the mother while per- doesn’t know for sure before beginning inappropriate intrusion of the federal gov- mitting other abortion procedures that ernment into a therapeutic decision that an abortion procedure whether the could be less safe for the mother. We should be left in the hands of a pregnant fetus is alive or dead, wouldn’t the phy- should leave this issue to the medical woman and her health care provider. ANA sician who starts down the path of per- profession and the State legislatures, has long supported freedom of choice and eq- forming the procedure be facing the where it is now and where it belongs. uitable access of all women to basic health possibility of criminal prosecution services, including services related to repro- under the terms of this bill? EXHIBIT 1 ductive health. This legislation would im- In addition, the physician who per- THE AMERICAN COLLEGE OF pose a significant barrier to those principles. formed the intact D&E procedure on OBSTETRICIANS AND GYNECOLOGISTS, Furthermore, very few of those late-term Washington, DC, November 6, 1995. Mrs. Costello might not be sure when abortions are performed each year and they Hon. ROBERT DOLE, are usually necessary either to protect the he began the procedure if the fetus Majority Leader, life of the mother or because of severe fetal would be alive or dead when extracted Washington, DC. abnormalities. It is inappropriate for Con- since there is a range of fetal response DEAR MAJORITY LEADER DOLE: The Amer- gress to mandate a course of action for a to the anesthesia administered in an ican College of Obstetricians and Gyne- woman who is already faced with an in- intact D&E abortion, the procedure cologists (ACOG), an organization rep- tensely personal and difficult decision. This that Mrs. Costello underwent. resenting more than 35,000 physicians dedi- procedure can mean the difference between The performance of that procedure cated to improving women’s health care, life and death for a woman. might then be considered an attempt does not support HR 1833, the Partial-Birth The American Nurses Association is the at committing a crime even if the fetus Abortion Ban Act of 1995. The College finds only full-service professional organization very disturbing that Congress would take turned out to be dead upon delivery. representing the nation’s 2.2 million Reg- any action that would supersede the medical istered Nurses through its 53 constituent as- The procedure Mrs. Costello underwent judgment of trained physicians and crim- sociations. ANA advances the nursing profes- thus could be covered by this bill and inalize medical procedures that may be nec- sion by fostering high standards of nursing the physician that performed it subject essary to save the life of a woman. Moreover, practice, promoting the economic and gen- to Federal criminal prosecution even if in defining what medical procedures doctors eral welfare of nurses in the workplace, pro- the fetus turned out to be dead when may or may not perform, HR 1833 employs jecting a positive and realistic view of nurs- delivered. terminology that is not even recognized in ing, and by lobbying the Congress and regu- While banning one abortion proce- the medical community—demonstrating why latory agencies on health care issues affect- Congressional opinion should never be sub- ing nurses and the public. dure, this bill leaves legal other abor- stituted for professional medical judgment. tion procedures which can be used in The American Nurses Association respect- Thank you for considering our views on fully urges you to vote against H.R. 1833 later-term pregnancies. Are those this important matter. when it is brought before the Senate. other procedures as safe for the moth- Sincerely, Sincerely, er? Are they any less destructive to the RALPH W. HALE, M.D., GERI MARULLO, MSN, RN, fetus? Why are the other procedures Executive Director. Executive Director.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18192 CONGRESSIONAL RECORD — SENATE December 7, 1995 ROSEVILLE, MI, December 7, 1995. their families. Several women who not undertake a surgery at all if they Hon. CARL LEVIN, were forced to have such an abortion were legally prohibited from com- Washington, DC. testified at the Senate Judiciary Com- pleting it in the safest, most effective DEAR SENATOR LEVIN: I am writing you with concerns about the S.B. 939, the D&X mittee hearing about the pain and an- way, according to their professional Abortion Procedure Ban. I am absolutely op- guish they and their families had expe- judgment. posed to political intervention in the prac- rienced. Mr. President, I want to reiterate tice of medicine. This bill would place the Federal that the measure under consideration As a practicing OB–Gyn, I cannot begin to Government into the role of deciding would insert the Federal Government cite the ramifications of such a bill. If what procedures a physician can or into one of the most intensely private passed, it will prevent me from providing the cannot use in performing a late-term and personal areas. This bill would best possible care for my patients in emer- abortion. It would substitute the judg- have Congress override the decisions gency situations. The D&X procedure is the ment of Congress for the judgment of safest option for many women faced with made by a woman and her physician in medical emergencies during pregnancy. It is the individual physician performing an an area that literally involves life or done only in extreme situations, such as abortion. death. when a woman’s life is in danger or when a I believe that such legislation is bad It is ironic that many of the same in- fetus has severe abnormalities that are in- policy. The American people have re- dividuals who strongly challenged the compatible with life. This bill endangers the peatedly said that they want less gov- ability of the Federal Government to lives of women, who are already making ernment interference in their lives. handle comprehensive health care re- heartwrenching decisions. This bill moves in exactly the wrong I find it very disturbing that the Senate form are among the foremost pro- direction. ponents of this effort to insert the Fed- would take any action that would overrule Since the beginning of the 104th Con- the judgment of trained physicians. As a eral Government into a physician’s de- physician, I and others like myself, would gress, there has been a great deal of cisions in the operating room. find it frightening that my government rhetoric about how we need to restrain For example, during last year’s would prevent me from providing the best the Federal Government, about how health care debate, the distinguished possible care for my patients. Please do not the Federal Government has usurped Senator from North Carolina (Mr. lot this happen. the powers of State and local govern- HELMS) asked: Sincerely, ment entities, and about how the Fed- Do you want the Federal Government, the SAMUEL EDWIN, M.D. eral Government has intervened in Government that operates your postal sys- areas beyond its primary realm of re- tem to decide whether you should have an DEPARTMENT OF DERMATOLOGY, operation or not? With this kind of govern- HENRY FORD HOSPITAL, sponsibility. We have heard repeatedly Detroit, MI, November 6, 1995. that we need fewer Federal mandates ment intervention, what is left for the doc- Re Bills to limit physician abortion proce- and fewer Federal regulations. tor and the patient to decide? dures. Mr. President, let me say that I agree Yet, that is precisely the kind of Senator CARL LEVIN, with a good deal of those sentiments. I intervention that is being proposed by U.S. Senate, believe that the Federal Government this legislation. This measure says Washington, DC. has gone too far in many areas. That is that a physician who determines that a DEAR SENATOR LEVIN: I am very upset to one reason why I voted against last specific procedure is necessary to pro- hear proposed legislation to make criminal year’s Federal crime bill and this tect the life or health of his or her pa- various surgical procedures performed by tient may face a Federal criminal pros- physicians. I realize the legislation is being year’s terrorism bill. In each instance, introduced as a method to limit abortion. I saw examples of the Federal Govern- ecution for exercising his professional However I am incensed that non-physicians ment overzealously reaching into areas judgment. are trying to limit the scope of medical prac- of law which have traditionally been Mr. President, it is also important to tice, and make it criminal as well! within the jurisdiction of State and note that the language of this bill is so Personally I feel it is the woman’s right to local law enforcement agencies. vague that a number of physicians choose, and as men, we should not interfere. I voted for the unfunded mandate leg- have indicated that they would simply But as a physician it is a slippery slope for islation because I agree that the Fed- stop performing late-term abortions non-physicians to limit our practices espe- rather than run the risk of criminal cially for political means. eral Government needs to exercise re- Please block this legislation! straint in forcing the States to comply prosecution or endangering the life or Sincerely, with Federal mandates. I support many health of their patient. Dr. Robinson TOR SHWAYDER, M.D., aspects of the regulatory reform drive told the committee: Director, Pediatric Dermatology; Fellow, because we do need greater flexibility For many physicians, this law would American Academies of Pediatrics & Der- and less Federal micromanagement in amount to a ban on a D&E [procedure] en- matology. many areas. tirely the law is so vague and based on erro- But now, Mr. President, we are pre- neous assumptions, it would leave doctors Mr. FEINGOLD. Mr. President, I rise wondering if they were open to prosecution in opposition to H.R. 1833. sented with legislation that places the Federal Government in the role of de- or not each time they performed a late abor- I do so because this legislation raises tion. That means that by banning this tech- serious policy, legal and medical ciding what specific procedures a phy- nique, you would in practice ban most later issues. sician should use or not use when faced abortions altogether by making them vir- H.R. 1833 seeks to impose criminal with a problem pregnancy and a wom- tually unavailable. And that means that sanctions upon physicians who perform an’s desire to terminate that preg- women will probably die. certain types of late term abortions. nancy. Dr. Robinson, incidently, is a former It is important, Mr. President, to un- Mr. President, there are many rea- Presbyterian missionary who has prac- derstand that very few late term abor- sons why this is a dangerous area for ticed medicine for more than 40 years. tions take place in this country, under Federal Government intervention. One He described for the committee his ex- any circumstances. It is estimated that of the physicians said it well during posure to the consequences of illegal there are approximately 600 abortions the Judiciary Committee hearing on abortions prior to the Roe decision. He annually performed in the third tri- November 17. Dr. J. Courtland Robin- testified that over a period of five mester of pregnancy, with about 450 son testified: years on the staff of a hospital in New done by what is called an intact D&E Sometimes, as any doctor will tell you, York, he watched women die from procedure. The procedure which would you begin a surgical procedure expecting it abortions that were improperly per- be banned under this legislation is a to go one way, only to discover that the formed. His concerns about the con- unique demands of the case require that you form of an intact D&E procedure. Late- do something different. Telling a physician sequences of legislation that would term abortions take place under the that it is illegal for him or her to adapt his make certain types of abortions illegal most tragic of circumstances, where or her surgical methods for the safety of the and deny women access to the safest something has gone wrong with the patient . . . flies in the face of standards for abortion procedure for their individual pregnancy. Late-term abortions are quality medical care. circumstances were clearly an out- physically difficult and emotionally Dr. Robinson also pointed out in his growth of his familiarity with what devastating to the women involved and testimony that many physicians would happens when Government treads too

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18193 far into what should be a decision made at the Judiciary Committee hearing likely to die’’ with an induction proce- by a woman and her physician. will be quoted as to their view regard- dure, an alternative abortion procedure Mr. President, that brings me to a ing whether the procedure under dis- in a late-term pregnancy. She further second policy concern regarding this cussion is more or less safe for a testified that a cesarean section was legislation. On its face, H.R. 1833 seeks woman than other procedures, whether another option, but that a woman was to criminalize the performance of a the procedure may be necessary in a 14 times as likely to die with a Cesar- particular type of abortion. Yet, Mr. particular situation to protect a wom- ean hysterotomy as with a D&E proce- President, there is little doubt that the an’s future ability to bear children, and dure. purpose behind this legislation is to precisely what the procedure is that Dr. Campbell outlined her views as to begin the process of curtailing and ulti- would be banned under this legislation. why the intact D&E procedure was mately denying all access to legal What occurred at the hearing, Mr. preferable in certain cases. According abortion. President, was a professional disagree- to Dr. Campbell, the procedure requires When pressed, many of the pro- ment among members of the medical less dilation of the cervix and thus ponents of H.R. 1833 will admit the community on the efficacy and risks markedly decreases the chances of cer- truth of this assertion. associated with various abortion proce- vical lacerations and cervical incom- One of the major House proponents, dures. That members of the medical petence which can adversely affect fu- Congressman CHRIS SMITH (R. N.J.) community have different opinions on ture pregnancies. She also testified stated in a November 9, 1995, USA these issues is both understandable and that the uterine scar, especially from Today article, ‘‘ We will begin to focus expected. the kind of vertical incision most often on the methods [of abortion] and de- It is also precisely the reason why used in cesarean sections involving ab- clare them to be illegal.’’ trained physicians and their patients, normal preterm fetuses, creates an in- At the Judiciary Committee hearing not members of the Congress, should creased risk of uterine rupture in fu- on this measure, I asked one of the pro- make the decisions about what course ture pregnancies. ponents, Helen Alvare, Director of of treatment is appropriate in indi- Dr. Robinson testified with the same Planning and Information, Secretariat vidual situations. concerns about the risks posed by al- for Pro-Life Activities of the National The ability to choose between alter- ternative procedures. In response to Conference of Catholic Bishops, wheth- native courses of medical treatment my question, Dr. Robinson testified er all methods of abortion should be and the ability to choose between phy- that a vertical scar in the uterus re- criminalized. The response I received sicians who favor one procedure over sulting from such a cesarean was defi- was very clear. Ms. Alvare stated her another is something that we often nitely an increased hazard when a view that ‘‘every single kind of proce- take for granted. woman has a subsequent pregnancy. dure that takes an unborn life’’ should Physicians who themselves do not Included in the hearing record are be outlawed. choose to perform the type of proce- letters from Dr. Elaine Carlson of Ce- Mr. President, I specifically asked dure at issue have also made it clear dars-Sinai Medical Center in Los Ange- whether that included nonsurgical that they do not believe Congress les indicating that alternative proce- forms of abortion, such as the use of a should be legislating in this area. In dures can cause a traumatic stretching drug like RU–486 which leads to the particular, Dr. Warren M. Hern of Boul- of the cervix that then increases a termination of a pregnancy in the very der, Colorado, a physician who per- woman’s changes for infertility in the early stages, the first few weeks. The forms late-term abortions has been answer was yes, and Ms. Alvare was future and from Dr. George Henry of quoted by proponents of H.R. 1833 as Denver, CO, indicating similar con- very clear that she found the use of an having reservations about this par- abortifacient drug at the earliest cerns. Dr. Henry, in a subsequent letter ticular procedure. However, in his tes- to me elaborated on the risks to both a stages of a pregnancy to be as objec- timony submitted to the Senate Judi- tionable as the procedure under discus- woman’s life and her future ability to ciary Committee on November 17, 1995, bear children from a cesarean section sion. he outlined the possible advantages of Mr. President, I think the record type of surgical approach. ‘‘Such a sur- using the intact D&E procedure, in- gery,’’ Dr. Henry wrote, ‘‘exposes the should also note that in the past there cluding a reduction of the risk of per- have been efforts to ban other methods patient herself to much greater med- foration of the uterus and reducing the ical risk immediately and also in- of abortion which the proponents of risk of embolism of cerebral tissue into this legislation now point to as remain- creases the need for repeat C- sections the woman’s blood stream. He con- in future pregnancies as well as the ing available should this ban be en- cluded by stating: acted into law. For example, in 1976, in risk of uterine rupture in future preg- While I may choose a different method of Planned Parenthood versus Danforth, nancies because of the uterine scar— performing a late abortion, I support the and even the potential loss of the uter- the Supreme Court struck down a Mis- right of my medical colleagues to use what- souri statute which would have prohib- ever methods they deem appropriate to pro- us if emergency hysterectomy is re- ited saline abortion procedures after tect the woman’s safety during this difficult quired.’’ the first 12 weeks of pregnancy. procedure. It is simply not possible for oth- Other witnesses, proponents of this It is clear that this legislation is part ers to second guess the surgeon’s judgment legislation, disagreed and stated their of a calculated plan to make abortion in the operating room. That would be dan- view that the intact D&E procedure more difficult for women and their gerous and unacceptable. was more risky than the other proce- physicians. It is part of a calculated Mr. President, I am not sure that it dures, and that there were no cir- plan to limit and erode a woman’s abil- is appropriate for Members of Congress cumstances where they would consider ity to exercise her constitutionally to even try to resolve a matter that is this procedure necessary to protect the protected rights. We cannot lose sight the subject of debate between physi- life or health of the woman. of the fact that Dr. Robinson’s memo- cians as to whether there are situa- Mr. President, what this debate told ries of a time when abortion was illegal tions where this procedure is preferable me is that there is room for disagree- and women died from illegal abortions to another procedure. It is clear from ment between physicians about specific might become a reality again if these the testimony at the Judiciary hearing medical procedures; it is not for Con- efforts are successful. that there are respectable differences gress to determine which side of this Mr. President, I want to focus now of opinion in this area. debate is right or wrong. These are upon an important aspect of the Judi- For example, Dr. Mary Campbell, medical questions which ought to be ciary Committee hearings dealing with medical director of Planned Parent- decided by medical professionals, not why this particular procedure might, hood of Washington, DC, testified there Members of Congress. Congress ought in the judgment of a woman’s attend- were a number of situations where al- not to tie the hands of a physician try- ing physician, be the most appropriate ternative abortion procedures such as ing to make the best decision for his or in light of her individual cir- induction or cesarean section are con- her patient. As Dr. Robinson testified, cumstances. sidered less safe than an intact D&E ‘‘The physician needs to be able to de- Mr. President, throughout this de- procedure. For example, Dr. Campbell cide, in consultation with the patient bate, different physicians who testified testified that ‘‘a woman is twice as and based upon her specific physical

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18194 CONGRESSIONAL RECORD — SENATE December 7, 1995 and emotional needs, what is the ap- the woman’s health. The proponents of decisions that women and families propriate method. The practice of med- this legislation seem to take the view must face. I do believe it should be a icine by committee or legislature is that even if an alternative procedure rarely used procedure and in that re- not good for patients or for medicine in would result in a woman being unable gard have been informed that there is general.’’ to bear a child in the future, that is an no recollection of it being used in my Mr. President, the reasons why Con- adequate alternative. State of Rhode Island. Indeed, there gress ought to stay out of this deci- Mr. President, I find this to be a par- are only a handful of practices sionmaking process was also elo- ticularly harsh judgement to be im- throughout the country that utilize it quently made by several women who posed upon families who have experi- and the total number of cases amount had made the difficult choice of choos- enced the tragic end to a much-sought to less than one-tenth of 1 percent of ing this procedure when a much wanted pregnancy. To tell a woman and her total abortions. I also believe that the pregnancy has turned into a tragedy. family that Congress will not allow her heightened scrutiny that this proce- Coreen Costello testified: doctor to use a procedure which will dure has received will reduce those oc- It deeply saddens me that you are making allow her a greater chance to be able to casions when it is used inappropriately. a decision having never walked in our shoes. have another pregnancy and bear a In the end, however, I believe that it When families like ours are given this kind child in the future is cruel and uncon- should remain an option available to of tragic news, the last people we want to scionable. doctors when they deem it medically seek advise from are politicians. We talk to Mr. President, let me conclude by re- necessary in order to terminate a preg- our doctors, lots of doctors. We talk to our iterating again that this legislation nancy. families and other loved ones, and we ponder would insert the Federal Government long and hard into the night with God. By way of conclusion, I ask unani- into one of the most private, personal mous consent to have printed in the Mr. President, we ought to heed decisions a woman and her family and RECORD an article from the New York those words. These decisions are pri- her physician must face. The American Times written by a woman who went vate, personal decisions to be made by people have said time and again they through this procedure. I believe it elo- the families involved, guided by their want less Government intrusion into quently makes the case that it would physicians. The Federal Government their lives, not more. This bill is in be wrong to enact the outright ban ought to leave these decisions with the every way an inappropriate extension contained in this bill for this procedure people involved. of power by the Federal Government and, accordingly, that this option Finally, Mr. President, let me briefly into the lives of individual Americans should remain available to women and address the Constitutional issues at a very traumatic and emotion point. families of this country. raised by this legislation. It ought to be rejected. There being no objection, the article H.R. 1833, in my view, is fatally Mr. PELL. Mr. President. A month was ordered to be printed in the flawed because it fails to adequately ago, the Senate chose to refer to the Record, as follows: provide protections for procedures nec- Senate Judiciary Committee a bill [From the New York Times, November 29, essary to preserve or protect a wom- which would ban from use a medical 1995] an’s life or health. Roe vs. Wade, and procedure currently used to terminate GIVING UP MY BABY the cases that have followed including late-term pregnancies. I supported that (By Coreen Costello) Casey, have made it clear that States referral because it was unclear what all Those who want Congress to ban a con- have the authority to restrict and even of the ramifications of such a ban were troversial late-term abortion technique ban abortions after fetal viability ex- and the Senate deserved the oppor- might think I would be an ally. I was raised cept where necessary to protect a wom- tunity to have a complete record upon in a conservative, religious family. My par- an’s life or health. H.R. 1833 as origi- which to make an informed decision re- ents are Rush Limbaugh fans. I’m a Repub- nally proposed included an utterly in- garding this complex and controversial lican who always believed that abortion was adequate provision allowing only an af- wrong. issue. Then I had one. firmative defense to be asserted by the Today, we have that record before us. It wasn’t supposed to be that way. My lit- physician that the procedure was nec- I thank the members of the committee tle girl, Katherine Grace, was supposed to essary to protect a woman’s life. In for their thorough and detailed work in have been born in the summer. The births of other words, a physician who performs exploring this difficult matter and my two other children had been easy, and this procedure in order to save a wom- based on that record, I have come to my husband and I planned a home delivery. an’s life could be hauled into a Federal the conclusion that I will oppose this But disaster struck in my seventh month. court and prosecuted for violating this Ultrasound testing showed that something legislation. was terribly wrong with my baby. Because of statute. The physician would only be I do so because I believe that the bill a lethal neuromuscular disease, her body had able to raise as a defense that the pro- goes too far in its virtual ban of the stiffened up inside my uterus. She hadn’t cedure was performed to save a wom- use of this procedure, despite the fact been able to move any part of her tiny self an’s life. It is only after extensive de- that in many cases medical profes- for at least two months. Her lungs had been bate that the proponents of H.R. 1833 sionals believe that it is the safest unable to stretch to prepare them for air. proposed to change their language to means to terminate troubled and tragic Our doctors told us that Katherine Grace provide an explicit exception from the late-term pregnancies. I believe that could not survive, and that her condition statute’s coverage for a procedure nec- made giving birth dangerous for me—pos- medical doctors, following the con- sibly even life-threatening. Because she essary to preserve a woman’s life. How- stitutional guidelines under which could not absorb amniotic fluid, it had gath- ever, the amendment they have offered abortion is legal and following con- ered in my uterus to such dangerous levels contains limitations upon the life of sultation with a woman and her fam- that I weighed as much as if I were at full the mother exception which also raise ily, should be able to choose the med- term. questions as to whether it comports ical procedure he or she deems most I carried my daughter for two more agoniz- with the standard set forth in Roe v. appropriate to terminate a pregnancy ing weeks. If I couldn’t save her life, how Wade. without facing criminal or civil pen- could I spare her pain? How could I make her passing peaceful and dignified? At first I Moreover, the proponents have failed alties. Indeed, criminalizing a medical wanted the doctors to induce labor, but they to even acknowledge the requirement procedure in the manner proposed in told me that Katherine was wedged so tight- that an exception be provided where the bill would be the first such time we ly in my pelvis that there was a good chance the procedure is necessary to protect a have done so in our country’s history. my uterus would rupture. We talked about a woman’s health, including her future I do not come to this position lightly. Caesarean section. But they said that this, ability to bear children. The pro- I, and I believe virtually all Americans, too, would have been too dangerous for me. ponents argue that such an exception am disturbed with the harsh realities Finally we confronted the painful reality: is unnecessary because alternative pro- that this issue forces our human con- our only real option was to terminate the pregnancy. Geneticists at Cedars-Sinai Med- cedures are available. Those arguments science to acknowledge. In the end, ical Center in Los Angeles referred us to a fail to acknowledge the medical dis- however, I believe that it is not the doctor who specialized in cases like ours. He agreement over whether such alter- place of Congress to interject itself in knew how much pain we were going through, native procedures pose greater risks to this manner into the tragic personal and said he would help us end Katherine’s

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18195 pain in the way that would be safest for me was the most comfortable place for her to be. ator from California has up there is and allow me to have more children. When I awoke a few hours later, she was also not factual, is that true? That’s just what happened. For two days, brought to us. She was beautiful. She was Mr. SMITH. It is a fact that that is my cervix was dilated until the doctor could not missing any part of her brain. She had the family, but it is not a fact that bring Katherine out without injuring me. not been stabbed in the head with scissors. Her heart was barely beating. As I was She looked peaceful. they had a partial-birth abortion. Mr. SANTORUM. So we are going to placed under anesthesia, it stopped. She sim- Mr. President, that is my point. continue to throw pictures up, and that ply went to sleep and did not wake up. The Mr. SANTORUM. If the Senator will doctor then used a needle to remove fluid is how we are going to deal with facts. yield, that picture is not factual, right? from the baby’s head so she could fit through Mr. SMITH. Yes. This bill is very That picture is not factual, is it? the cervix. clear and specific, and it outlines this When it was over, they brought Katherine Mr. SMITH. The Senator is correct. Mrs. BOXER. Will the Senator yield procedure in the birth canal. That is in to us. She was wrapped in a blanket. My all this allows. I say that in sincerity husband and I held her and sobbed. She was to me on my own time? absolutely beautiful. Giving her back was Mr. SMITH. Yes. to the Senator because I know he feels the hardest thing I’ve ever done. Mrs. BOXER. I will place in the very strongly. I must say to him, that After Katherine, I didn’t think I would RECORD a letter from these women, and is the fact. have more children. I couldn’t imaging liv- I will read it later, which completely Why Senators would come down here ing with the worry for nine months, imag- makes the statement that this par- and testify to things that are not accu- ining all the things that could go wrong. But rate, you will have to ask them. Lis- my doctor changed that. ‘‘You’re a great ticular procedure that they underwent is, in fact, the procedure that would be ten, here is the exact language of my mother,’’ he told me. ‘‘If you want more bill: kids, you should have them.’’ I’m pregnant outlawed. And, in fact, the doctor that again, due in June. was vilified in this debate—by name, The term partial-birth abortion means an I still have mixed feelings about abortion. Dr. McMahon—and was summoned be- abortion in which the person performing the But I have no mixed feelings about the bill, fore the House committee is the doctor abortion partially, vaginally delivers a liv- already passed by the House and being con- ing fetus before killing the fetus and com- that performed the intact dilation and pleting the delivery. sidered in the Senate, that would ban the evacuation procedure. These women surgical procedure I had, called intact dila- When I read the testimony of the two are completely upset, and here is a tion and evacuation. As I watched the Sen- women, both of them said their child quote from the first sentence: ate debate on C-Span this month, I was sick died in their womb peacefully. Now, We are shocked and outraged— at heart. Senator after senator talked about dying in womb peacefully—does that the procedure I underwent as if they had This is to Senator SMITH. say ‘‘an abortion in which the person seen one, and senator after senator got it —at attempts by you and other Members of wrong. Katherine was not cavalierly pulled performing the abortion partially, the Senate to dismiss our significance as vaginally delivers a living fetus before halfway out and stabbed with scissors, as witnesses against the partial-birth abortion some senators described the process. ban. killing the fetus and completing the I had one of the safest, gentlest, most com- delivery’’? That is what this bill stops. I have to tell you Senators, you can passionate ways of ending a pregnancy that That is all it stops. That is all it says. fight this and you may well have the had no hope. I will probably never have to go That is exactly what it says. through such an ordeal again. But other votes. But do not demean these women. I say to my colleagues, no matter women, other families, will receive dev- I have to say, Viki Wilson, who you how you feel on the issue, please, at astating news and have to make decisions said yesterday did not have this proce- least accept facts as being facts. This is like mine. Congress has no place in our trag- dure, had Dr. McMahon as a doctor. the floor of the U.S. Senate. We have edies. She is a registered nurse. Her husband an obligation to tell the truth. That is Mr. SMITH. Mr. President, how much is a physician in an emergency room. not the truth, what Senator BOXER is time do I have remaining? They both know this bill. They say saying. Whether it is meant to be or The PRESIDING OFFICER (Mr. what Viki underwent is exactly what is thought to be is another issue. But it is ABRAHAM). The Senator from New described in the bill. not fact. I know what my bill says. Hampshire has 12 minutes and 15 sec- So if we are going to have an argu- That is what it says. I just read it to onds remaining. ment every time I bring out another you. Mr. SMITH. Mr. President, I hope my family, and you are going to say they How much time is remaining? colleagues are listening carefully at are excepted, are we going to write leg- The PRESIDING OFFICER. Six min- this stage of the debate, because we are islation like that? down now to where we are about to I reserve the remainder of my time. utes thirty seconds. vote on two very important amend- Mr. SMITH. Reclaiming my time, Mr. Mr. SMITH. I yield 2 minutes to my- ments related to this bill. President, when you look out the win- self and ask to be notified when the 2 Senator BOXER has taken the time to dow and it is raining, and the person minutes are up. go through two very compelling cases, sitting next to you says it is not rain- Let me just say that this Dole-Smith very tragic cases. Both of those women ing—I mean, you can argue this, but amendment provides a life-of-the- testified before the Judiciary Com- facts are facts. I am not demeaning the mother exception. We had an affirma- mittee, and that was heart-rending tes- testimony of Viki Wilson or Coreen tive defense in the bill. Members came timony. Costello. They were very, very moving to me and said, ‘‘We want it a little I viewed the testimony. I have read stories. This Senator was very moved more clarified.’’ I said, ‘‘Fine,’’ and we it. There is only one problem, and I by those stories. But they are not par- clarified it because I think Senators have said it, Senator DEWINE has said tial-birth abortions. sincerely had a concern about that— it and others have said it: These This Senator’s bill, and all the even though there have been no wit- women did not have partial-birth abor- amendments we are talking about on nesses to testify that the mother’s life tions. I will repeat, these women did the bill, does not stop the procedure was ever a problem. Let me just say not have partial-birth abortions. that Viki Wilson and Coreen Costello that this applies to any situation in Coreen Costello and Viki Wilson did had. which a pregnant woman’s life is phys- not have partial-birth abortions. Sen- I will now repeat and read verbatim ically threatened by any pregnancy, ator BOXER knows that, and both of the from the testimony of Viki Wilson. complication, or other disorder, and a young women know that. A partial- Please listen carefully and make your partial-birth abortion is the only birth abortion specifically is killing a own judgment. means by which her life can be saved. child who is 90 percent born through Viki Wilson said: That is the life-of-the-mother excep- the birth canal by the use of the cath- My daughter died with dignity inside my tion. It is very clear. There is no ques- eter and the scissors. womb. She was not stabbed in the back of tion about it. Now, let me read from the testimony the head with scissors. No one dragged her If we go to the Boxer partial-birth of Coreen Costello: out half alive and killed her. We would never abortion on demand amendment, it al- When I was put under anesthesia, have allowed that. lows partial-birth abortions on demand Katherine’s heart stopped. She was able to Mr. SANTORUM. If the Senator will throughout the full 9 months of the pass away peacefully inside my womb, which yield. So the second picture the Sen- pregnancy. If a woman has any health

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18196 CONGRESSIONAL RECORD — SENATE December 7, 1995 problem that she so indicates, then any Now, this is Viki Wilson. She testi- tion’’ controversy. In no way are these done child could be aborted for any reason. fied to the Judiciary Committee as fol- only on abnormal infants. This is just an- That is a fact. lows. These are facts, facts from her other brutal way to destroy life. This proce- We voted on this before on the floor mouth. dure is not necessary to protect the life or health of women in this country. of the Senate, and we voted it down. I I am a practicing Catholic and I couldn’t hope that we will vote it down now and help but believe that God had some reason Another one from Dr. Lauri Scott, have a true life-of-the-mother excep- for giving us such a burden, and then I found M.D., assistant professor of maternal- tion, as we have tried to do. out about this legislation. I knew then and fetal medicine in Dallas, TX. I remember in the debate when the there that Abigail’s life had special meaning. I am a specialist in maternal-fetal medi- I think God knew I would be strong enough cine and on faculty in the Department of Ob- Senator from California, and others, to come here and tell you my story, to try to made a big case here on the floor to stetrics and Gynecology at the University of stop this legislation from passing and caus- Texas, Southwestern Medical Center. It is please have the life-of-the-mother ex- ing incredible devastation for other families the nature of my specialty that I deal with ception, have it clarified. We have done like ours, because there will be other fami- high-risk pregnancies and would be the con- that. In fact, I voted to send the bill lies in our situation, because prenatal test- sultant called to deal with issues regarding back to committee to have time to do ing is not infallible and I urge you please do the ‘‘life-of-the-mother.’’ that and to hear the testimony of the not take away the safest method known. I can tell you unequivocally there is no witnesses. The PRESIDING OFFICER. There maternal medical reason for ‘‘late-term I will conclude on this point, Mr. are 4 minutes 30 seconds remaining. abortions.’’ In situations where the life of President. We had no doctors who per- Mrs. BOXER. I will take an addi- the mother is at stake, we simply deliver the tional 30 seconds, and I will retain the infants and the baby takes its chances in the formed partial-birth abortions testi- nursery. fying and no women who had them tes- time for my colleague from New Jer- tifying. So I am not sure what the com- sey. ‘‘DEAR SENATOR SMITH,’’ Mary Dav- mittee hearing produced. Coreen Costello says, ‘‘I hope you can enport, Oakland, CA: Thank you, Mr. President. put aside your political differences, I am writing to you in support of the par- Mrs. BOXER. Mr. President, how your positions on abortion, your party tial-birth abortion bill. There is no medical much time remains on my side? affiliation’’—this is a picture of indication for this procedure, and the per- formance of this operation is totally in oppo- The PRESIDING OFFICER. Seven Coreen—‘‘and just try to remember us. We are the ones who know. We are the sition to 2,000 years of Hippocratic medical minutes, 30 seconds. ethics. Please do your best to eliminate this Mrs. BOXER. I ask that I be notified families that ache to hold our babies, procedure. It is not done in any other nation when I have used 3 minutes. to love them, to nurture them. We are of the world. Mr. President, I will tell you, this de- the families who will forever have a Margaret Nordell, M.D., caring for bate is one of the most fascinating I hole in our hearts.’’ women of all ages, Minot, ND: have ever been in. I will hold up picture I say to any Senator that tries to de- mean these families and tell them they I am a member of the DakotaCare Physi- after picture of people who know that cians Association. I believe that this proce- this bill applies to the procedure they do not know what went on in these dure is unnecessary to protect either the life had, and my colleague, who thinks he families should think again. We were or health of women in this country. elected to be Senators, not doctors, and might perhaps be a doctor, and his Dr. Karin Shinn, Coney Island Hos- not God. friends think that, in fact, they do not pital: know what they are doing because they I retain the remainder of my time. Mr. SMITH. Mr. President, how much DEAR SENATOR SMITH: I am a practicing ob- are U.S. Senators. After all, they know gyn on the staff of Coney Island Hospital. It more than the families that went time remains? The PRESIDING OFFICER. Four is my professional opinion that the partial- through this what happened. Again, birth abortion procedure is very dangerous minutes twenty-two seconds. and absolutely unnecessary to protect either here is the letter I read part of, dated Mr. SMITH. I yield myself 3 minutes December 7—and that is today. This the life or the health of the women in Amer- 22 seconds. ica. was raised yesterday as a red herring, Mr. President, it is very frustrating. that these people that I held up did not Again, I will just repeat for emphasis Letter after letter after letter, Mr. know what they were talking about. for those, I hope, who are listening to President, all over the country. To say These women and families wrote us. the debate: Viki Wilson in her testi- that somehow the U.S. Senator who Seven of them said this, and I will mony not only indicated that she did stands here on the floor, quoting from quote—this is to Senator SMITH: not have a partial-birth abortion, she doctors about a medical procedure, to We are shocked and outraged by attempts said she would not have one. So these taking the ‘‘slam’’ that somehow we by you to dismiss our significance as wit- are not partial-birth abortions. But cannot vote for something or talk nesses against the partial-birth abortion bill. again I will not continue to debate it. about something because we are not Then they say: Any reasonable person, hopefully, doctors—we send troops into Bosnia, Your rhetoric vilifies our physician, Dr. who is watching the debate would un- that will happen. And I assure you that McMahon, who is the Nation’s leading devel- derstand the definition is very clear. A every Senator who votes to send them oper and practitioner of this technique for partial-birth abortion is when a child is there has never served in combat and third-trimester abortions, and you claim si- probably never been there. That is for multaneously that we did not undergo the killed in the birth canal. These two women in the horrible circumstances sure. We vote on Medicare and we vote procedure in question. But we definitely had on Medicaid and not everybody here is intact dilation and evacuation procedures, they went through lost their children and it is definite that no doctor who wants in the womb. This amendment would a senior citizen. to stay out of prison will perform that proce- not prevent what happened to them. The argument is absolutely ludicrous dure, or any surgery that remotely resem- Since I have been accused of not and frankly insulting. I hope my col- bles it, if your bill is passed. being a doctor, which is a fair accusa- leagues will defeat the Boxer amend- They write this: tion, let me offer into the RECORD a ment and support the Smith-Dole If your bill passes, families with tragedies sample of the 200 unsolicited letters amendment. like ours will have added misery and pain be- from ob-gyn’s from all over America. I EXHIBIT 1 cause the surgical procedure that helped us ask unanimous consent that all of PHILADELPHIA, PA, will be unavailable. Please stop pushing this these be printed in the RECORD after November 28, 1995. awful bill and please stop pretending that we this debate. Hon. ROBERT SMITH, are irrelevant. The PRESIDING OFFICER. Without U.S. Senate, Of course, Senators will continue to objection, it is so ordered. Washington, DC. DEAR SENATOR SMITH: I appreciate your ef- say that these people, religious fami- (See exhibit No. 1.) lies, loving families, simply do not forts on behalf of the ‘‘partial birth abor- Mr. SMITH. I will quote from a letter tion’’ controversy. In no way are these done know what they are talking about and from a Dr. Dorothy Czarnecki, an ob- only on abnormal infants. This is just an- do not know what was done to the body gyn from Philadelphia. She says: other brutal way to destroy life. This proce- of their incredibly important family DEAR SENATOR SMITH: I appreciate your ef- dure is not necessary to protect the life or member. forts on behalf of the ‘‘partial-birth abor- health of women in this country.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18197 Thank you again and keep up the fight to ciation. I believe that this procedure is un- that choice simply to rid themselves of protect our children. necessary to protect either the life or the that pregnancy. Sincerely, health of women in this country. This is a sad day, I think, Mr. Presi- DOROTHY CZARNECKI, M.D. Sincerely, dent. MARGARET NORDELL, M.D. Mr. President, the bill before us is ex- DALLAS, TX, November 7, 1995. CONEY ISLAND HOSPITAL, tremely dangerous and I strongly op- Re late term abortions. DEPARTMENT OF OBGYN, pose it. Hon. ROBERT SMITH, Brooklyn, NY, November 26, 1995. This bill is poorly titled for many U.S. Senator, Washington, DC. Hon. ROBERT SMITH, reasons. It would more appropriately DEAR SENATOR SMITH: I am a specialist in U.S. Senate, be called The Big Government Intru- Maternal-Fetal Medicine and on faculty in Washington, DC. sion into the Doctor-Patient Relation- the Department of Obstetrics and Gyne- DEAR SENATOR SMITH: I am a practicing ship Act. cology at the University of Texas South- OBGYN on the staff of Coney Island Hospital western Medical Center. It is the nature of in Brooklyn, New York. It is my professional Under this bill, we will literally have my specialty that I deal with high risk preg- opinion that the partial birth abortion pro- FBI agents snooping around examining nancies, and thus would be the consultant cedure is very dangerous and absolutely un- rooms. Let me repeat this. This legisla- called to deal with issues regarding ‘‘the life necessary to protect either the life or the tion authorizes the FBI to go wan- of the mother’’. Prenatal diagnosis is also health of women in America. Therefore, I dering around doctors’ offices looking part of my specialty, and I am the one who whole heartedly support the partial birth at patients and what doctors are doing breaks the news of fetal abnormalities and abortion ban bill to be passed and become of- to them. helps to plan how best to manage the rest of ficially law. Thank you. Furthermore, this bill does not in- the pregnancy. Sincerely, clude a life and health of the mother I can tell you unequivocally that there is KARIN E. SHINN, D.O., no maternal medical indication for ‘‘late Assistant attending. exemption. term abortions.’’ In situations where the life The PRESIDING OFFICER. The Sen- This bill will send a chilling signal to of the mother is at stake, we simply deliver ator from California has 3 minutes 52 doctors in this country. And they will the infant and the baby takes its chances in seconds. leave the practice of reproductive the nursery. In our nursery, 50% of the in- health care in droves. fants born at 24 weeks gestation will survive, Mrs. BOXER. I yield 2 minutes to the Senator from New Jersey. And women could die in waiting most without significant problems. Prior to rooms while doctors are on the phone, 24 weeks we recognize that the baby will gen- Mr. LAUTENBERG. Mr. President, erally die due to extreme prematurity, but first, let me commend my colleague consulting with defense and constitu- we perform no procedures to ensure its from California for speaking so forth- tional lawyers, about what they can or death; there is no medical reason for this rightly about an issue that does not be- cannot do to treat their patients. when the concern is with the life of the long in the kind of debate that we have Mr. President, one reason I am oppos- mother. ‘‘Late term abortions’’ are no safer, heard from the other side from the pro- ing this bill is because I believe doctors and may be more dangerous for the mother, ponents of this amendment. and patients can make proper decisions than simple induction of labor. about which health care treatment is The only reason for a ‘‘late term abortion’’ Strangely enough, and I speak now as is to ensure that the late second trimester a father and a grandfather, as a father most appropriate. and third trimester fetus is born dead. The of four. We lost a couple because of Mr. President, one of the most ex- only possible medical indication would be a health problems with my wife, and treme elements of this bill is its failure situation in which the fetus has abnormali- every one of those pregnancies that to include an exception to deal with ties incompatible life. However, in most of was lost was a terrible experience for situations in which the life or health of these situations, the infant would die shortly us. the mother is at risk. The pending after birth anyway and terminating the When my youngest daughter lost a Boxer amendment seeks to make this pregnancy in the late 2nd or 3rd trimester fetus, lost a pregnancy that was in its bill a little less extreme. The Boxer carries the same complications as allowing amendment would create a real health the pregnancy to go to term and end natu- 7th month because the baby was entan- rally. gled in the cord, it was very painful, and life-of-the-mother exception. This procedure has no place in modern ob- very painful. We did not know whether Under the bill, as originally pre- stetrics and only serves to destroy lives that we had a healthy baby or not, but we sented, if a doctor thought it likely might otherwise survive. I suspect that the were torn by this experience, to have that a woman would become perma- women who made such tragic decisions for her go to the hospital, spend 8 hours in nently disabled if she carried a fetus to medical reasons chose this procedure with- labor to deliver the fetus. term, the doctor would still be prohib- out truly informed consent or full knowledge ited from performing this procedure. of their options. It should never be per- The interesting thing to me, Mr. formed as an elective procedure. Please sup- President, is I have not heard one Can you imagine that? A doctor would port legislation banning this procedure. woman speak for that side. It is the have to feel certain that carrying a Sincerely, men who speak on what women ought fetus to term would endanger the life L. LAURIE SCOTT, M.D., to do, tell them how to conduct their of the mother in order to do what is Assistant Professor, lives, tell them what to do with their medically required for treatment. Maternal-Fetal Medicine. bodies, describe the pain that they will Otherwise, the doctor could not per- never feel. It is quite interesting. They form this procedure even though the OAKLAND, CA, woman could suffer severe, permanent December 1, 1995. want to tell everybody what the moral DEAR SENATOR SMITH: I am writing to you right is. health damage without the procedure. in support of the partial birth abortion bill. I just heard one of our Senators say Mr. President, this bill will affect There is NO medical indication for this pro- something that to me is so prepos- real people. Real women and families cedure, and the performance of this oper- terous. He says those who will vote to who have had to go through this proce- ation is totally in opposition to 2000 years of send troops to Bosnia will never serve dure. Hippocratic medical ethics. Please do your in combat. Who is he that knows all One such woman is Viki Wilson, a best to eliminate this procedure. It is not this information? What a silly thing to nurse, who 18 months ago was expect- done in any other nation of the world. ing her first child. Early tests showed Sincerely yours, say. It is the same thing we are talking MARY L. DAVENPORT, M.D. about here. the child to be normal but an 8-month What this is is license for the Gov- ultrasound revealed that the fetus had MINOT, ND, ernment to participate in the operating a fatal condition—two thirds of the November 28, 1995. room when a doctor does a procedure, brain had formed outside the skull. Senator ROBERT SMITH, when a doctor decides to perform a pro- Carrying the pregnancy to term U.S. Senate, cedure that the woman carrying the would have imperiled Viki’s life and Washington, DC. fetus wants to have done because she health. In consultation with her doc- DEAR MR. SMITH: I, Margaret Nordell, a medical doctor of obstetrics and gynecology feels that it is essential or the doctor tor, Viki and her husband Bill made am supporting Senator Robert Smith in the feels it is essential for her health. the heartbreaking decision to undergo ban against ‘‘partial birth abortion’’. I am a These abortions, these procedures are this procedure. This bill would make member of the DakotaCare Physicians Asso- rarely done when someone was making this practice illegal.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18198 CONGRESSIONAL RECORD — SENATE December 7, 1995 Mr. President, I would like to quote [Rollcall Vote No. 592 Leg.] Coats Grams McCain Cochran Grassley McConnell Viki at this point. She stated ‘‘I YEAS—98 Conrad Gregg Murkowski strongly believe that this decision Abraham Feingold Lott Coverdell Hatch Nickles should be left within the intimacy of Akaka Feinstein Lugar Craig Hatfield Pressler the family unit.’’ Ashcroft Ford Mack D’Amato Heflin Reid Baucus Frist McCain DeWine Helms Roth So do I Mr. President. Bennett Glenn McConnell Dole Hutchison Santorum While this bill is really extreme, the Biden Gorton Mikulski Domenici Inhofe Shelby Bingaman Graham Moseley-Braun Exon Johnston Smith Boxer amendment would make it a lit- Bond Gramm Faircloth Kempthorne Stevens tle less extreme. At a minimum, we Murkowski Boxer Grams Murray Ford Kyl Thomas ought to adopt the amendment, which Bradley Grassley Nickles Frist Lott Thompson would establish a meaningful exception Breaux Gregg Nunn Gorton Lugar Thurmond Gramm Mack Warner Brown Harkin Pell in cases where the life and health of Bryan Hatch Pressler the mother is at stake. Bumpers Hatfield NOT VOTING—1 Pryor Burns Heflin Moynihan I urge my colleagues to adopt the Reid Byrd Helms Robb Boxer amendment and I yield the floor. Campbell Hollings So the amendment (No. 3083) was re- Rockefeller The PRESIDING OFFICER. The time Chafee Hutchison jected. Roth of the Senator has expired. Coats Inhofe Mr. SMITH. Mr. President, I move to Cochran Inouye Santorum reconsider the vote. Mr. LAUTENBERG. I yield the floor Sarbanes Cohen Jeffords Mr. DOLE. I move to lay that motion and hope that my colleagues will sup- Conrad Johnston Shelby Simon on the table. port the amendment that is proposed Coverdell Kassebaum Craig Kempthorne Simpson The motion to lay on the table was by Senator BOXER. D’Amato Kennedy Smith agreed to. Mrs. BOXER. Mr. President, I retain Daschle Kerrey Snowe The PRESIDING OFFICER. Under the remainder of my time. DeWine Kerry Specter Dodd Kohl Stevens the previous order, the Senator from The PRESIDING OFFICER. The Sen- Dole Kyl Thomas New Hampshire is recognized. ator has no other time. Domenici Lautenberg Thompson AMENDMENT NO. 3088 TO AMENDMENT NO. 3082 Dorgan Leahy Thurmond (Purpose: To express the sense of the Senate Mrs. BOXER. I thought I saved some Exon Levin Warner time. Faircloth Lieberman Wellstone that the Senate should, through the Com- The PRESIDING OFFICER. They mittee on the Judiciary, conduct hearings NOT VOTING—1 to investigate the effect of the new patent have no time. Moynihan provisions of title 35, United States Code, Mrs. BOXER. How much time do I (as amended by the Uruguay Round Agree- have remaining? So the amendment (No. 3081) was ments Act) on the approval of generic The PRESIDING OFFICER. The Sen- agreed to. drugs) ator has 1 minute. Mr. COHEN. Mr. President, I move to Mr. SMITH. Mr. President, I send a reconsider the vote. Mrs. BOXER. Mr. President, this has second-degree amendment to the desk Mr. GRAMM. I move to lay that mo- been a tough debate so far. We have and ask for its immediate consider- tion on the table. gone through it for 3 days. Maybe this ation. The motion to lay on the table was The PRESIDING OFFICER. The is the 4th day, Senator SMITH. agreed to. clerk will report. I have to say, it is emotional. Why is The PRESIDING OFFICER. Under The assistant legislative clerk read it emotional? Because what we are the previous order, the underlying as follows: doing impacts real people. We have amendment, No. 3080, as amended, is The Senator from New Hampshire [Mr. seen these families night after night. agreed to. SMITH], for Mr. DEWINE and Mr. DODD, pro- We have seen charts of part of a wom- poses an amendment numbered 3088 to an’s body, as if she had no face. I have VOTE ON AMENDMENT NO. 3080 amendment No. 3082. to say to my colleagues, if they really The PRESIDING OFFICER. The Mr. SMITH. Mr. President, I ask think about it, if their daughter came question now is on agreeing to amend- unanimous consent that reading of the to them and said, ‘‘Dad, I have been ment No. 3083 offered by the Senator amendment be dispensed with. told the most horrible news. If I do not from California. The yeas and nays The PRESIDING OFFICER. Without terminate this pregnancy, even though have been ordered. The clerk will call objection, it is so ordered. it is so late term, I could die. I could be the roll. The amendment is as follows: infertile. And the only procedure is The legislative clerk called the roll. Beginning on page 1, line 3, strike ‘‘AP- this procedure,’’ I really do believe, if Mr. FORD. I announce that the Sen- PROVAL’’ and all that follows through line Senators are honest, male or female, ator from New York [Mr. MOYNIHAN] is 22 on page 3 and insert the following: necessarily absent. ‘‘SENSE OF THE SENATE. they would fall to their knees and pray ‘‘It is the sense of the Senate that the Sen- to God and go ahead and have that pro- The PRESIDING OFFICER (Mr. BEN- ate should, through the Committee on the cedure. NETT). Are there any other Senators in Judiciary, conduct hearings to investigate Why would we want to risk that the Chamber who desire to vote? the effect of the new patent provisions of woman’s life? Please vote ‘‘yes’’ for The result was announced—yeas 47, title 35, United States Code (as amended by nays 51, as follows: subtitle C of title V of the Uruguay Round Dole and ‘‘yes’’ for Boxer-Brown. Agreements Act (Public Law 103-465; 108 [Rollcall Vote No. 593 Leg.] VOTE ON AMENDMENT NO. 3081 Stat. 4982)), on the approval of generic drugs The PRESIDING OFFICER. The YEAS—47 under section 505 of the Federal Food, Drug, question now occurs on amendment No. Akaka Feingold Lieberman and Cosmetic Act (21 U.S.C. 355).’’. Baucus Feinstein Mikulski Mr. SMITH. Mr. President, I will try 3081, offered by the majority leader, Biden Glenn Moseley-Braun Mr. DOLE. Bingaman Graham to explain the amendment. Murray First, I yield to the majority leader. The yeas and nays have been ordered. Boxer Harkin Nunn Bradley Hollings The clerk will call the roll. Pell SCHEDULE Brown Inouye Pryor Mr. DOLE. Mr. President, I have been The assistant legislative clerk called Bryan Jeffords Robb Bumpers Kassebaum asked to indicate what may be in store the roll. Rockefeller Byrd Kennedy for the rest of the evening. It is not Sarbanes Mr. FORD. I announce that the Sen- Campbell Kerrey Simon certain that these are all the amend- OYNIHAN Chafee Kerry ator from New York [Mr. M ] is Simpson ments, but we have an amendment by necessarily absent. Cohen Kohl Daschle Lautenberg Snowe Senator BINGAMAN on shutting down The PRESIDING OFFICER. Are there Dodd Leahy Specter the Government; an amendment by Wellstone any other Senators in the Chamber Dorgan Levin Senator FEINSTEIN which, as I under- who desire to vote? NAYS—51 stand it, is similar to the Boxer amend- The result was announced—yeas 98, Abraham Bennett Breaux ment just disposed of; a Brown amend- nays 0, as follows: Ashcroft Bond Burns ment on deadbeat dads; then we have

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18199 the pending amendment of Senator it will not delay a vote on the bill, as When people do go to the polls they PRYOR, which Senator SMITH will sec- other Senators have expressed interest will have to decide where they stand. ond-degree. There may be additional to me—or have asked me whether or Could they stand with a Government amendments. I think it is safe to say not there would be a vote tonight on that wants to get right into the hos- there will be votes well into the final passage of the partial-birth bill. I pital room with your family, right into evening. am prepared to do that at any time. I your bedroom with your family, or do I yield the floor. do not know specifically of other they believe that the families in our Mr. CHAFEE. I wonder if the major- amendments, but you never know. country with their God and with their ity leader has any indication, if this is If this second-degree amendment conscience can make those kind of de- disposed of this evening, what would fails or if any other Senators are going cisions? happen tomorrow? to try to load the bill up, we will have I am very moved by the vote that we Mr. DOLE. We have a cloture vote to be offering second-degree amend- had. I will certainly vote against the scheduled on the constitutional amend- ments on all kinds of things from sex final passage of this bill. Senator FEIN- ment on the desecration of the flag. selection to Down’s syndrome, and STEIN will be offering us an excellent That could be resolved if we get an Lord knows what. Let’s hope we do not substitute which basically restates the agreement on State Department reor- get into all that. law of the land that says in the late ganization. If we do that, then we can Hopefully, Mr. President, why don’t term of a pregnancy the States control vitiate the vote on cloture and prob- we just vote and move on and see what happens in these late-term abor- ably have debate only tomorrow on the where the votes fall on this bill. tions. flag amendment, but no final disposi- If we want to talk about patent pro- I think everyone was very surprised tion. tections, come to the hearing and tes- by this vote. I was moved by the vote. Mr. JOHNSTON. Does the majority tify about patent protections. Then I hope colleagues will vote ‘‘no’’ on leader expect we will have a small win- when the Senate is ready to vote on final passage, since there is no excep- dow where we might get home to get a that, when we can come down and de- tion for the life of the mother. The bite to eat? bate it. Senate voted for a partial exception, It is a very complicated issue, pat- Mr. DOLE. How close are you? and therefore it makes it a very, I ents and trade. I don’t think it ought Mr. JOHNSTON. About 20, 25 min- think, weak bill, and the President has to go through the Senate in a hurry utes. said he would veto it. I applaud that. without having an opportunity to hear Mr. DOLE. You are not going to New I yield the floor. from both sides. The Senator from Ar- Orleans, are you? I think we may have Mr. PRYOR. Mr. President, I thank kansas voted a couple weeks ago to a vote in the next few minutes, and the Chair for recognizing me. Mr. have a hearing on partial-birth abor- then we can probably arrange at least President, the day before yesterday I tion, and we did. I was not originally in an hour. introduced an amendment on behalf of favor of it, I admit, but we did have the Mr. JOHNSTON. I thank the major- myself and my very good friend from hearing. ity leader. Rhode Island, Senator CHAFEE, and our The PRESIDING OFFICER. The Sen- I did reconsider my views and al- lowed it to be sent to the committee. I good friend from Colorado, Senator ator from New Hampshire is recog- hope the Senator from Arkansas will BROWN. nized. Mr. President, I ask unanimous con- Mr. SMITH. Mr. President, let me do the same. I urge my colleagues if there is a vote sent that Senator Robert BYRD of West just say, for the benefit of my col- to vote for the Smith amendment so we Virginia be added as an original co- leagues, I am not going to prolong the can have a full hearing under this issue sponsor of this amendment. debate on this second-degree amend- of patent protection. I yield the floor. The PRESIDING OFFICER. Without ment. I know Senator PRYOR has some Mrs. BOXER. Before my colleague objection, it is so ordered. comments and Senator DEWINE wants from Arkansas speaks on this par- Mr. PRYOR. Mr. President, what we to speak. I do not know of any others. ticular subject which he has been such are seeing here tonight on the second- But if others are going to speak, hope- a leader on, I wanted to make a com- degree amendment, and I say this in all fully, they will come to the floor and ment that President Clinton has long due respect to my colleagues who have we can expedite this matter as quickly believed that it is important to protect offered this second-degree amendment as possible. the life and the health of a mother, of to this principal amendment, this is This amendment requires hearings on a woman. merely an attempt to kill the Pryor- the relationship between GATT patent We know he will, in fact, veto this Chafee-Brown-Byrd amendment. That laws and the FDA Hatch-Waxman law bill because the Senate now voted this is it, pure and simple. relating to prescription drugs. At the down. A very close vote. I want to First, it is a sense-of-the-Senate reso- outset, let me say I would have pre- thank my colleagues who stood with lution which all of us know in this ferred not to have this bill, become a Senator BROWN, with me, and with body has no force of law. It has no real Christmas tree for nongermane amend- those who feel so strongly about this, meaning. It has no traction, as we say ments. It was hopeful that we would that we must put a woman’s face on around here. Beyond that, it does not not have nongermane amendments. this debate. require any Committee to hold any But the underlying Pryor amendment I am very moved by the vote that we hearing at any specific time. dealing with pharmaceutical products, had. It sends a very strong signal to It merely says that the Judiciary GATT, and patent protections has the President of the United States: Committee would conduct hearings to nothing to do with partial-birth abor- That 47 Senators, notwithstanding in- investigate the effect of the new patent tion. However, I recognize the right my credible organized phone banks, et provisions of title 35 U.S. code as colleague has to offer such an amend- cetera, stood up for the life and the amending subtitle C. of title 5 of the ment, and I respect that. I hope that health of the women in this country. I Uruguay Round agreements. we will not spend a lot of time on this am proud that you stood with me. I am Mr. President, this amendment would and delay this bill. We saw the same proud that you stood with women. probably end up in the wastebasket. tactic a few weeks ago, and it seems to I want to particularly thank in that There is no date certain for a hearing. me that maybe there is some reluc- context every one of my colleagues Additionally, the amendment sends in- tance to face the issue at hand. that spoke on this. Senator MOSELEY- structions for a hearing, under this Mr. President, this second-degree BRAUN spoke so eloquently yesterday sense-of-the-Senate amendment, to the amendment calls for hearings in the and she made the point that the women Judiciary Committee. It would not be Judiciary Committee to look into this of America will have to wake up to sent to the Labor Committee that has issue. I say to my colleague from Ar- what is happening to their rights. She jurisdiction over food and drug issues. kansas that it is an important issue did that in the most beautiful fashion. It is being sent to the Judiciary Com- and deserves a hearing, and I recognize I urge everyone to read the RECORD, be- mittee of the U.S. Senate. that. I recognize that the Senator has a cause this assault on a woman’s right Once again, there is no date certain legitimate interest in this. I hope that to choose has begun in earnest. for when a hearing might be held on

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18200 CONGRESSIONAL RECORD — SENATE December 7, 1995 the effect of the proposal that we are ever made, but it was a costly one. We This is what we might call a ‘‘good discussing this evening in the U.S. Sen- failed to consider a conforming amend- Government’’ amendment. It seeks to ate. ment to the patent provisions of the close a loophole which was uninten- Make no mistake, what this amend- Food, Drug and Cosmetic Act, which tionally created. We made a mistake, ment is all about is an attempt to kill Senator PRYOR previously alluded to. and now we are trying to correct it. the Pryor-Chafee-Brown-Byrd amend- The consequence of this oversight is Does it have any support outside of ment. It is a tactic to delay. It is a mo- that one group of generic manufactur- those of us here? Certainly a broad coa- tion to protect one of the greatest ers—in other words, those coming on lition of senior citizens and consumer windfalls that we have ever created in with a substitute product—had been groups support it. Furthermore, it is the history of our entire Government. denied the benefits of this transition the right thing to do. Occasionally we Now, Mr. President, I have several provision. These were the generic phar- do the right thing around here. things I want to say during the course maceutical manufacturers. So, while I certainly hope that this amendment of this debate. I see my very good col- the manufacturers, that is the manu- of the Senator from Utah, to send this league, Senator CHAFEE, my colleague facturers who had the patent of these back, and the Senator from New Hamp- on the Finance Committee, who has branded pharmaceutical products, got shire, would not prevail. I hope it will been so loyal as a friend and as a sup- an extra 3 years, the generic drug man- not prevail because, if it does prevail, porter in trying to close this loophole ufacturers were cut out altogether that does in the Pryor effort here. that we created when we did not con- from transition remedies—from doing Could I ask the Senator from Arkan- form the food, drug and cosmetic law anything. sas, does this amendment provide for a to the GATT treaty and its provisions. This oversight, if left uncorrected, I date that the hearing must be com- Mr. President, I also see my friend must say, is a wonderful windfall for pleted? from Colorado, Senator BROWN, an the pharmaceutical manufacturers who Mr. PRYOR. Mr. President, I respond original cosponsor of our amendment. are protected by it, who got this wind- to my colleague from Rhode Island, Mr. President, expecting that my col- fall which was never planned for. This there is absolutely no date set forth in leagues might have something to say windfall is in the area of billions of dol- the sense-of-the-Senate resolution to on this issue, for the moment I yield lars—not millions, but billions. So, require the Judiciary Committee, or the floor and I reserve the opportunity quite understandably, they are very en- any other committee of the Senate, to to address this issue further. thusiastic to prevent anything from hold a hearing. It is totally open ended. Mr. CHAFEE. Mr. President, I want happening around here, to prevent the Again, there is no date specified in the to take a moment to discuss the pend- Pryor amendment from going into ef- sense-of-the-Senate resolution. Mr. CHAFEE. I have a question for ing amendment. This is really a very fect. Obviously, others can give illus- the distinguished Senator from New simple issue. trations of this. Under the Uruguay Round the na- What will be the effect of the passage Hampshire. He mentioned the sending tions agreed to boost protection of pat- of the Chafee-Brown-Pryor-Byrd of his bill back to committee for a ents significantly. This was an historic amendment? First, it will level the study. I guess the Senator from New step. Indeed, this was the first time playing field by making the GATT Hampshire supported that in the end, reluctantly. that in these multilateral trade agree- transition provision available to ge- My question is this: Did that amend- ments such as this, the GATT, we be- neric drug manufacturers like it is to ment, that sent the Senator’s bill back came involved with so-called intellec- generic blue jeans manufacturers, or to committee, have a date at which the tual property. whoever it might be. This is what we committee must report back? As I re- In order to implement the provisions intended. Second, it will stop the unin- call, it did. I may be mistaken. of the commitment to increase the pro- tended, and therefore unfair, windfall. Mr. SMITH. I believe it was 17 days, tection for patents, the Congress And, third, it will save consumers, in- I say to my colleague, Senator CHAFEE. changed the U.S. patent law from 17 surers, and, I might say, the Govern- But I need to check that. years from approval to 20 years from ment—because the Government will Mr. CHAFEE. I certainly would abide filing date. This was a change to con- benefit greatly from getting their Med- by whatever the Senator says, and if he form with GATT. icaid prescription drugs at a far lower wishes to correct it later, that is fine. To be fair to existing patent holders, price than otherwise would be true. But, as I recall, when that was sent, Congress gave those existing patent There are two counterpoints that op- Senator SMITH’s bill which came up holders the option of taking the longer ponents of this will make. Some have here, say, a month ago, when that was term. As a result, those holding pat- warned that this amendment would ne- sent back to committee, that was sent ents as of June 1985 received an exten- gate or otherwise affect the hard-won back with a time limit to it, a definite sion of up to 3 years. gains that came about through GATT period. Whether it was 17 days or 3 However, granting this extension af- and the intellectual property protec- weeks or whatever it was, I am not fected generic drug manufacturers who tions. That is a red herring. The STR, sure. But I remember, to the best of my had been preparing to go to market the Special Trade Representative, has recollection, there was a time certain. after the original patents expired. To assured us that our amendment will Yet, in this case, the Senator from New be fair to them, too, Congress made a not in any way interfere with the Hampshire, in his amendment, has not compromise: manufacturers who had GATT intellectual property protection provided for a date certain. What does already made a substantial investment rights. In fact, the USTR supports this the Senator from Arkansas suggest on preparing to go into the market, would amendment, for they say the con- that? Would this be more palatable if be allowed to proceed—but they would forming amendment—namely, the there was a time limit? be required to pay a royalty to the Pryor effort—should have been in- Mr. PRYOR. Let me respond, Mr. holder of the patents. This was a care- cluded in the GATT bill but was over- President, to my friend from Rhode Is- fully worked out compromise. looked inadvertently. land once again. It would certainly be This transition was made available Now, as to the argument that our more palatable if we had an imminent to all manufacturers, not just generic amendment would upset the delicate date for the Judiciary Committee to manufacturers of drugs. There are ge- balance of the Hatch-Waxman Act, hold such a hearing. But, to be honest, neric manufacturers of blue jeans and that also is a red herring. This is not I do not think a Judiciary Committee every other patent. Wherever there is a about Hatch-Waxman; this is about hearing is going to give us any more patent involved someone is waiting for GATT. Officials of the Food and Drug facts than we know today. We pretty the patent to expire and then come for- Administration have assured us that well have the facts. Those facts are ward with their own product. our amendment absolutely would not that the Congress made an mistake. We The product is called a generic prod- disturb the so-called Hatch-Waxman created an error in the GATT legisla- uct—not just a generic drug, but ge- Act. Let me say, if this were inter- tion. We opened a loophole, and now we neric blue jeans, or whatever it might fering with GATT in some way, the in- have an opportunity to fix it. be. However, Congress made an error. tellectual property provisions, I would As the Senator from Rhode Island It is not the first error Congress has not be for this amendment. just stated, this is really a very, very

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18201 simple matter. It becomes dramatic be- I will make my points afterwards. Mr. CHAFEE. I would certainly like cause of all the dollars involved: All But the reason it is sent to the Judici- to hear the Senator make that expla- the dollars that appeared unexpectedly ary Committee is because it involves nation, if he might. in a windfall that goes to a small hand- the most important aspects of the pat- Mr. PRYOR. I would like to just say, ful of drug companies that had no idea ent law and intellectual property law. if we allow this situation to persist and a year ago that this windfall would That is what is involved here. refuse to close this loophole, let us for occur and that these billions of dollars Mr. CHAFEE. Mr. President, first of a moment look at what is going to hap- would basically be falling out of the all, if it involves treaties, then, of pen to one pharmaceutical company trees into their bank accounts. course, it goes to the Finance Com- that has inherited this windfall. Let us So I say, even if there were a day cer- mittee. The last place in the world it look at Glaxo. They make Zantac. Here tain, we are about to leave for Christ- should go is the Judiciary Committee. is some Zantac. It cost $170 a bottle. mas. If we even set a day certain of 10 Mr. HATCH. Not if it involves pat- You can go over to Canada, by the way, days from now, perhaps the Senate and ents. and buy this for about $70 a bottle. Or, the House will not even be in session. Mr. CHAFEE. If you want time, you if in our country we had the competi- We do not know when we are coming can have time after I finish. tion for Zantac on the shelves today, as back in session next year. So I say once We have a letter from Mickey we should have occurred earlier this again, this is an attempt to kill the Kantor, U.S. Trade Representative, week, it would cost about half of what original Pryor-Chafee-Brown-Byrd September 25, 1995: this $170 bottle of Zantac cost. amendment. The extension of the section 1534(c)—that But, if we go forward, let us say even Mr. CHAFEE. I would ask the Sen- is what we are doing here to pharmaceutical for an additional 30 days and allow this ator from Arkansas another question. property products—would not undermine on- windfall to continue, or let us say just It seems to me that this is an odd pro- going U.S. efforts to seek high levels of intel- to Christmas day—and Christmas day vision, in that it is referred to the Ju- lectual property protection around the is just a few days away, Mr. Presi- diciary Committee, yet the jurisdiction world. dent—Glaxo is going to make another of the Food and Drug Administration is So there is no problem here with pat- $115 million. If we hold a hearing in the in the Labor Committee. ents. That does not have anything to Judiciary Committee, say next Novem- Mr. PRYOR. The Senator is abso- do with it. The fact of the matter is ber, and then keep this thing in effect, lutely correct. that this reference, if indeed it should maybe until 1996, a year from Christ- Mr. CHAFEE. So, why is this being be made—I do not think it should—but mas and do not correct it until a year sent to the Judiciary Committee? if it should, it should go to one of two from this Christmas, this one com- Mr. PRYOR. I believe the distin- places: The Finance Committee, which pany—because of our mistake and be- guished Senator from New Hampshire deals with trade, or the Labor Com- cause of our refusal to correct that is the author of this amendment. Per- mittee, which deals with FDA. I would mistake—will have made an extra haps he could advise us as to why the be far happier to see it go there than to $2.328 billion. amendment is being sent to the Judici- the place suggested. Do we want our patent law in this ary Committee. Mr. PRYOR. Mr. President, if the country to be based upon an error, to Mr. SMITH. The Senator from New Senator from Rhode Island will yield— be based on a mistake that we made, Hampshire is not the sponsor of the then I want to hear, and I know we all and refuse to correct? I do not think amendment. The Senator from New do, our friend from Colorado, Senator so, Mr. President. Hampshire offered the amendment. I look forward to hearing some of the Mr. HATCH. If the Senator will yield, BROWN—I’d like to ask if in the history of the Judiciary Committee has that comments from other colleagues who I will be happy to answer that. I will be feel, I believe, as strongly about this happy to answer that. It is because it committee held hearings on the Food, Drug and Cosmetic Act? That com- issue as I do. involves a hallowed and important ele- Mr. CHAFEE. Mr. President, I would mittee does not have jurisdiction over ment in the history of this country and like to ask the Senator from Arkansas this act, yet that is where we are about in the world, and that is patents. We one more question. I understand that to dump this issue. happen to handle patents. It involves these substantial amounts will be made The second point I would like to raise intellectual property. It also involves by the companies that they would not is my friend from Utah, Senator an international intellectual property otherwise make, if we corrected this. HATCH, has talked about, ‘‘Oh, this is agreement which we better be careful My question is: But, if we correct it relating to patents. We have to protect of here, because there are a lot coun- sometime in the future, then is there a tries out there that do not honor intel- these patent rights.’’ That seems iron- refund in some type that occurs? Does lectual property. ic, since on June 7, 1995 the United it undo itself, or everything is just pro- There are a lot of countries out there States Patent Office ruled—the Patent spective? that do not believe in patents. Or, if Office ruled, Mr. President—that they Mr. PRYOR. The way that I under- they do not believe in patent terms—if, determined the expiration dates of the stand the law, I say to my friend, if a after a multiyear negotiated agree- patents in question. They are in force generic company has been out there ment in international relations, intri- on June 8, 1995 and, therefore, are en- and has made what we call a substan- cate, negotiated every line of that tered into the greater of the term of 20 tial investment where they are ready agreement—it is bunk to say that this years from their relevant filing days, to come into the market at the end of was a mistake. We then retrench on or 17 years from grant. In other words, the 17-year patent protection period, patent terms the first time out of the they held in our favor. The Patent Of- then the generic would be allowed to go blocks when we have gone all over the fice held in our favor that the generics on the shelves, to go on the market, to world talking about intellectual prop- could in fact come in and compete with be advertised, to be marketed, selling erty, respect for intellectual property, the brand-name companies. Of course, for one-half of what the brand name and for other countries to treat Amer- the brand-name companies with all of sells these drugs for today. At that ican products fairly. And right out of their high-powered lawyers, money, et time a royalty for this time that was the blocks we say we have to do away cetera, moved on to the courts. And be- unexpired—like for 600 additional days with that, you send a message that we cause the courts interpreted literally for Glaxo and Zantac—a royalty would are going to wreck the world window our mistake as being the intent of Con- be paid even to the Glaxo company by on the rest of our lives. We have taken gress, and I must say that I think they the competing generic drug company. years to get to this point. made a mistake, Glaxo and other major The amount of that royalty would be I am going to have a lot to say on pharmaceutical companies won out. established in a court of law, and there why there are two sides to this thing, I would like to make one more point, is a system whereby that amount and that it is more important to up- and then I am going to sit down for a would be established. hold the international treaty, uphold spell. I think that is the question the Sen- the international patent protection, The PRESIDING OFFICER. The Sen- ator from Rhode Island is asking. than it is to demagogue on this par- ator from Rhode Island controls the Mr. CHAFEE. I understand that. But ticular issue. floor. now my question is: But, let us assume

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18202 CONGRESSIONAL RECORD — SENATE December 7, 1995 that this is referred back to this com- that the amendment offered by the dis- Judiciary Committee would be a great mittee—the wrong committee, as it tinguished Senator from Arkansas is a committee. It has some of the bright- turns out, but nonetheless it is referred friend of the taxpayers of this country. est, most able Members, and the most back—nothing happens, and finally let It has a significant impact in a positive modest, too, in the Senate. But the us say in March we straighten out the way on reducing the deficit. point is this should not go to com- law, then retroactively is there some Second, this amendment is very mittee at all. The point is if you send compensation that takes place? much a friend of the consumers in this it to the committee, what you do is Mr. PRYOR. Mr. President, I apolo- country. It saves the consumers of this you cost consumers hundreds of mil- gize to my friend from Rhode Island. I country literally billions of dollars. Is lions of dollars just by the delay, and did not understand his original ques- it the $6 billion the Newark paper you cost the taxpayers some money, tion. I do now. talked about? My guess is it is less too. In other words, if we were to correct than that. But it is a huge amount. If I think the last point that deserves this, even in March or April, whenever, you are concerned about the consumers addressing is this one. Are we doing and admit we made a mistake, which of this country, you ought to be in something, with the Pryor amendment we did and we all agree that we did, favor of it. are we doing something that violates then the company gets to keep all of Two other points have been raised, the GATT treaty? We do have—and I that money. There is no refund. The and I think they merit addressing. One acknowledge it—a vested interest in Medicaid programs have continued to is, is this fair? Is it fair to adjust the making sure that treaty is honored. pay the highest price for these drugs. rules? Well, let us take a look at it. For that point I wish to draw Mem- The Veterans Administration has con- When the patent for this medicine was bers’ attention to some information. It tinued to pay the highest price for granted, it extended 17 years from the is the treaty itself. I know a lot of these drugs. The consumers get no re- time of filing. Is that diminished in Members did not get a chance to read bate. The consumers get no relief. The any way if this amendment passes? The it, and having tried to read it myself I only benefit accrues to a very few drug answer is no. The answer is absolutely understand why. But there are some in- companies that we failed to include in no. The drug company gets exactly teresting things you find out. I wish to the coverage of the new law in the what they thought they were getting read you the precise words of the GATT treaty. They get to keep all of when they filed for the patent. They do agreement itself because it relates spe- these excess profits. And that is what not lose in any way. They get exactly cifically to this point. And I am talk- this fight is all about. Every time, what they were offered at the time ing about part VII. This is under arti- every day that these drug companies they developed the product, at the time cle 70. The title is: ‘‘Protection of Ex- get to keep this amount of money, they marketed the product, at the time isting Subject Matter.’’ In paragraph 4, these exorbitant profits, this windfall, they put the factory together to there are the following words: it comes out of the pocketbooks of the produce the product. Nothing has consumer, the veterans, the Medicaid . . . or in respect of which a significant in- changed. vestment was made, before the date of ac- programs, and every citizen of this What do they lose? They lose the ceptance of the WTO Agreement by that land. windfall that came from the treaty. Member, any Member may provide— Mr. CHAFEE. I thank the Senator. I If you are on the subject of what is By ‘‘Member’’ they are referring to a thank the Chair. fair, let us ask ourselves, what if you Mr. BROWN addressed the Chair. country— The PRESIDING OFFICER. The Sen- were a different firm? What if you were for a limitation of the remedies available to ator from Colorado. a firm that was aware of the drug and the right holder as to the continued perform- Mr. BROWN. Mr. President, I appre- aware of the law and got geared up to ance of such acts after the date of applica- ciate the thought. I wish to assure my produce a competitive product in reli- tion of this Agreement for that Member. In such cases the Member shall, however, at good friend from Ohio that I will not be ance on the laws of this Nation, and the laws of this Nation said the exclu- least provide for the payment of equitable long. remuneration. I hope Members, as they vote on this, sivity ends after 17 years. will consider a couple of points. I don’t For this particular drug, there are Mr. President, the treaty itself an- think these are in dispute. If they are, competing companies. There are com- ticipates exactly this kind of legisla- I know my good friends will correct panies that relied on the law. There are tion. Let me repeat it. This amend- me. But I think every Member ought to companies that made investments. ment in no way is at odds with the be aware that this amendment is very They put together a plant to produce treaty. It in no way violates the treaty. important and would have a significant this, and they geared up to produce it As a matter of fact, the exact words of impact on the Treasury of the United and sell it on the market. If you are the treaty anticipate this very action. States. The estimates are that this will concerned about fairness, you should Now, to suggest that we somehow are save the taxpayers in the neighborhood not be concerned about Glaxo. They jeopardizing our intellectual property of $150 million. It may be more than got exactly what they invested for. rights by taking this action, I do not that, but CBO has come forward with You ought to be concerned about the believe conforms with either the spirit that figure. So one of the things Mem- companies, honest people who invested of the treaty or the precise words of bers ought to think about is the dra- in facilities and plants and processes in the treaty. The reality is if someone matic, significant increase in revenue reliance on our law and had the prod- has made a substantial investment re- and reduction of the deficit that this uct taken away from them after they lying on our current law, we have a amendment can have if it is passed. made that big investment. Now, if you right under the treaty, in specific Second, many Members may have are concerned about fairness, you terms, to do this. read the Newark Star Ledger’s edi- ought to be in favor of the amendment, Mr. President, there are two edi- torial of October 26. Let me quote it: not against it. torials at this point I would like to Thanks to a gigantic loophole resulting in Last, Mr. President, let me simply enter into the RECORD because they the GATT, consumers may wind up paying as add one other thing that I think is im- make the point very well. One is by the much as $6 billion more for higher priced portant. It has been suggested on this Des Moines Register and the other is brand name drugs. floor by a number of people that doing by the Washington Post. I ask unani- Mr. President, I do not know if the $6 this somehow will be inconsistent with mous consent that they be printed in billion figure is correct or not. That is our treaties under GATT, and the very the RECORD. an estimate by the paper. I must say distinguished chairman of the Judici- There being no objection, the edi- my own estimate is less than that. But ary Committee has just pointed out torials were ordered to be printed in there is no question this is big, big, big what a great investment we have in in- the RECORD, as follows: money, and it comes right out of the tellectual property. He is absolutely [From the Des Moines Register, Nov. 27, 1995] pockets of the consumers of this coun- right. A COSTLY OVERSIGHT—FINE PRINT IN GATT try. I might say, Mr. President, from my LAW COULD COST ZANTAC USERS MILLIONS So the two things that I think are point of view, if you were going to send The nation’s prescription drug makers are really without question here are first this to a committee, I would think the at war again, with a $1 billion-plus purse

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18203 going to the winner. If the brand-name drug It’s a cast study in legislation and high- the GATT treaty loophole that creates manufacturers win, the losers will include powered lobbying. When Congress enacted a windfall profit for certain prescrip- the millions of Americans who suffer from the big Uruguay Round trade bill a year ago, tion drug companies. ulcers or heartburn, and take the drug it changed the terms of American patents to The GATT treaty, voted on by Con- Zantac regularly to combat the problem. It’s a new worldwide standard. The effect was to going to cost each of them about $1,600. lengthen existing patents, usually by a year gress, included two important provi- Zantac is made by Glaxo Wellcome, the or two. But Congress had heard from compa- sions that affected every product, com- biggest in the business. nies that were counting on the expiration of pany, and industry in the country. One, Here’s what started the current war: competitors’ patents. It responded by writ- provided that all patents would be ex- When a new prescription drug hits the ing into the trade bill a transitional provi- tended from 17 to 20 years; an addi- market, generic drug manufacturers await sion. Any company that had already invested tional 3 years of protection. Two, pro- the patent expiration so they can enter the in facilities to manufacture a knock-off, it market with the same drug. They offer it for vided that a generic company, in any said, could pay a royalty to the patent-hold- industry, would be permitted to go to sale without the brand name, usually at a er and go into production on the patent’s fraction of the brand-name price. original expiration date. the marketplace and compete on the The new international GATT treaty signed But Congress neglected to add a clause 17-year expiration date, if the generic by the United States and 122 other countries amending a crucial paragraph in the drug company had made a substantial in- sets the life of a patent at 20 years from the laws. The result is that the transitional vestment, and was willing to pay a roy- date of application. Former U.S. law pro- clause now applies to every industry but alty. vided patent protection for pharmaceuticals drugs. That set off a huge lobbying and pub- An unintended loophole was created, for 17 years from the date of approval. Be- lic relations war with the generic manufac- however, when the prescription drug cause the difference could have a significant turers enlisting the support of consumers’ impact on the number of years a firm could industry was accidently excluded from organizations and Glaxo Wellcome invoking the generic competition provision. The market its patented drug without competi- the sacred inviolability of an American pat- tion. Congress made special provisions for ent. loophole means that prescription drug drugs under patent at the time GATT was Mickey Kantor, the president’s trade rep- companies have a 3 year longer patent approved last summer. resentative, who managed the trade bill for period, without any competition during But when the legal beagles got done read- the administration, says that the omission that time extension from generic com- ing all the fine print, it turned out that was an error, pure and simple. But it has cre- Zantac was granted a 19-month extension of panies. This loophole has created a ated a rich benefit for one company in par- its patent life—and it is such a hugely pop- multimillion dollar windfall for certain ticular. A small band of senators led by ular drug that that translates into a multi- drug companies that must be cor- David Pryor (D–Ark.) has been trying to million-dollar windfall. rected. right this by enacting the missing clause, Generic drug makers call the windfall a but so far it hasn’t got far. Glaxo Wellcome Seniors use prescription drugs more congressional oversight, and estimate the and the other defenders of drug patents are than any other age group. For them, difference is worth $2.2 billion to Glaxo, be- winning. Other drugs are also involved, inci- this loophole means they will pay high- cause the generics can’t enter the market for dentally, although Zantac is by far the most er drug prices for 3 years because of a 19 more months. Glaxo counters that Con- important in financial terms. gress made no mistake, that the extension mistake. Without the ability of generic Drug prices are a particularly sensitive was part of the compromise with generics. It drug companies to compete, drug prices area of health economics because Medicare won’t wash. Nothing in the GATT treaty was will remain artificially high during does not, in most cases, cover drugs. The intended to further enrich the happy handful that 3-year period. There is no reason money spent on Zantac is only a small frac- of brand-name drug makers who hold lucra- tion of the $80 billion a year that Americans why seniors should suffer because of an tive patents—or to penalize the users of the spend on all prescription drugs. Especially unintended mistake that can be cor- drugs. for the elderly, the cost of drugs can be a ter- rected today. A month’s supply of Zantac ordinarily sells What drugs are involved here? More for around $115; the generic price—meaning rifying burden. That makes it doubly dif- the same drug without the Zantac label— ficult to understand why the Senate refuses than 100 drugs would be protected from would be around $35, the generic makers con- to do anything about a windfall that, as far generic drug competition. The world’s tend. Unless Congress changes the wording of as the administration is concerned, is based best-selling ulcer drug, Zantac, would the law regarding transition to GATT provi- on nothing more than an error of omission. cost twice as much as it should because sions, Zantac users will pay the difference Mr. BROWN. Mr. President, let me of the loophole. The hypertension drug, for 19 months longer. simply conclude this way. If you are Capoten, will cost 40 percent more than Some generic drug manufacturers had al- concerned about the taxpayers, you it should because of the loophole. Addi- ready spent a bundle preparing to enter the ought to like the Pryor amendment be- market before the GATT treaty took effect. tionally such drugs as Mevacor for low- They lose. So do taxpayers, who pay for Med- cause the CBO says it brings us in $150 ering cholesterol, Prilosec for ulcers, icaid prescriptions. The Generic Drug Equity million, or saves it. If you are con- and Diflucan, an antifungal agent are Coalition estimates that the higher cost of cerned about the consumers of this affected. Zantac and some other drugs affected by the country, you ought to be in favor of the This loophole will also affect the mistake (such as Capoten, for high blood Pryor amendment because it is going drug prices paid by the Medicaid Pro- pressure) will cost Iowa Medicaid $3.5 mil- to save them $6 billion, if you believe gram. Medicaid already faces deep cuts lion. Further, say the generic drug makers, some estimates, or a little less if you in its funding. If this loophole is not it will tack another $1.2 million onto the believe my estimate. corrected, Medicaid will be forced to cost of health-insurance premiums for Iowa state employees. If you are concerned about fairness, pay higher drug prices during the 3- Glaxo’s political-action committee has you ought to be in favor of the Pryor year period, further straining its abil- doubled its contributions to Congress in re- amendment because people have in- ity to provide medical care for the cent months. Glaxo wants the mistake to vested money in plant and process and most vulnerable in our country. stay in the law. Generic drug manufacturers production capability to comply with Veterans will also suffer as the Vet- want it out. our laws and they are simply out by erans Affairs Administration will be So should ulcer sufferers. So should tax- this windfall. forced to pay higher drug prices. Peo- payers. So should Congress. Last, Mr. President, if you are con- ple using public health services will [From the Washington Post, Dec. 4, 1995] cerned about the integrity of our pro- also be affected. The bottomline is that THE ZANTAC WINDFALL tection of intellectual property, you taxpayers will pay more for the drugs All for lack of a technical conforming ought to be for the Pryor amendment used by these programs than they clause in a trade bill, full patent protection because this is precisely and exactly should, because competitive generic al- for a drug called Zantac will run 19 months what the treaty anticipated. ternatives will not be available. beyond its original expiration date. Zantac, I yield the floor. There is no reason to allow some pre- used to treat ulcers, is the world’s most Mr. BRYAN. Mr. President, I have scription drug companies an unin- widely prescribed drug, and its sales in this come to the Senate floor a number of tended windfall profit to the detriment country run to more than $2 billion a year. times to talk about prescription drug of all Americans who depend on drugs The patent extension postpones the date at which generic products can begin to compete pricing, and to support Senator for their continued health. Seniors, with it and pull the price down. That pro- PRYOR’s efforts to control the costs of veterans, and the most vulnerable in vides a great windfall to Zantac’s maker, drugs. Today I am pleased to cosponsor our country particularly deserve our Glaxo Wellcome Inc. Senator PRYOR’s amendment to correct protection from unnecessarily high

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18204 CONGRESSIONAL RECORD — SENATE December 7, 1995 drug prices. I hope my colleagues will maceutical companies was created. I do of an intra-industry dispute, invites re- see this loophole for the mistake it is, not believe this assertion is fair or ac- taliation from other countries eager to and support this amendment to correct curate. undo our gains. it. The GATT law was very clear. The One of my main concerns is that if Ms. MOSELEY-BRAUN. Mr. Presi- implementing legislation provided the United States is seen as hesitant dent, I would like to take this oppor- that, in certain circumstances, individ- about implementing this part of the tunity to express my support for the uals or organizations that had relied on new GATT, a number of countries that Dodd-DeWine amendment. This amend- the shorter expiration term could use have been reluctant to prevent their ment would require the Judiciary Com- the patented technology during the ex- firms from pirating United States prod- mittee to hold hearings on the GATT tension period, although they must pay ucts would have the excuse they need patent extension provisions. The GATT a royalty to the patent holder to do so. to go slow in implementing the agree- issue is a complex one and requires full Section 102 of the GATT, however, ment, or to avoid implementing it at disclosure. The Pryor amendment has states that ‘‘Nothing in this Act shall all. That would result in the desta- no place on the partial birth abortion be construed...to amend or modify bilization of the U.S. market, a loss of bill. Hearings are appropriate and, in any law of the United U.S. exports and U.S. jobs, have a let- my opinion, critical to ensure that the States...unless specifically provided ter here, that I would like to place in members of this body fully understand for in this Act.’’ GATT changed many the RECORD from Sir Leon Brittan, the issue and the implications of any areas of patent law, but it did not Vice President of the European Com- action to modify the GATT agreement. change current Federal law that pro- mission, that comments on a proposed The Pryor amendment would modify hibits the FDA from granting approval changes to the patent extension provi- the current General Agreement on Tar- for the manufacture of generic drugs sions in GATT. Brittan states that iffs and Trade [GATT] as it applies to until the patent term on the original ‘‘this threat causes serious concern to patent protections for pharmaceutical product has expired. On May 25, the the European research-based pharma- products. This amendment, which was FDA ruled that nothing in the GATT ceutical industry and to the Commis- voted down in the Finance Committee, explicitly overrules this provision and sion, and it seems to be in contradic- has been portrayed as a technical cor- on November 1, the court of appeals for tion with the long-standing U.S. policy rection to the General Agreement on the Federal circuit also upheld the pat- of providing strong protection for re- Tariffs and Trade [GATT] agreement. ent extension provisions in GATT. search-based, intellectual property It is not. This amendment opens up an The actions by the FDA and the Fed- right both home and abroad.’’ Brittan international agreement on trade to re- eral circuit court of appeals underscore also notes that changes to the GATT solve a domestic intra-industry dis- the purpose of the GATT treaty which law in the area of patent extension will pute. It is shortsighted, counter- is to make trade laws more uniform set back hard-won improvements in productive and will impede the avail- and consistent. Uniformity is needed to universally agreed upon patent protec- ability of life saving drugs and thera- prevent countries from passing laws tions. pies for all of us. that are favorable to their own domes- Finally, I would like to return to my Before, I discuss substantively the tic companies; 110 countries worked for first concern—consumer interest. On issue at hand, I would like to state un- over 7 years to complete negotiations average it takes 12 years and $360 mil- equivocally that I firmly believe that on GATT. The intellectual property lion to bring a new drug to market. Re- all persons who are sick should have issues were among the most conten- search-based, pharmaceutical firms access to affordable, comprehensive tious. The essential goal of patent pro- spend nearly $18 billion annually on re- health care services. In 1992, I cam- tections are to allow companies and in- search and development. This emphasis paigned on the issue of health care re- dividuals to invest freely and securely on R&D has produced treatments not form and I remain firmly committed to in the development of important and only for common conditions and ail- that goal. My views on the GATT pat- needed products. If companies are pro- ments, but also for life-threatening dis- ent extension issue are in no way in- vided exclusive protection over an in- eases. The United States invests more consistent with my support for reform. novation, they are more likely to in- than any other nation on research. I In fact, I believe present attempts to vest the necessary resources into devel- have received numerous letters from undo and reopen GATT could have an oping a safe and effective product. This patient groups that are very concerned adverse impact on the development of kind of market stability and security that modifications to GATT will ad- state of the art medicines and treat- are vital with respect to pharma- versely impact research and develop- ments, which in turn deny all of us the ceutical products, which require enor- ment, particularly on orphan diseases benefit of advances in medical science. mous R & D resources. Achieving bet- for which there is little or no ability to At question, is a provision, in the ter protection of intellectual property recoup the up-front, financial invest- newly adopted agreement, that pro- was a major victory for the United ment. At the close of my statement I vides additional patent protection to States as U.S. manufactured products, will insert several of these letters for pharmaceutical products. GATT pro- trademarks, and services are increas- the RECORD. We must continue to in- vides 20 year patent protection to all ingly counterfeited abroad. The agree- crease our investment if we are to dis- products and industries covered by the ment is final and cannot be renegoti- cover cures and effective treatments agreement—there are over 1 million ated without putting these hard for diseases that continue to plague patent holders in the United States fought, and hard won, protections at millions of Americans like AIDS, Alz- who will receive extended patent pro- risk. heimers, Parkinson’s disease, and can- tection. This change, which extends The patent language in GATT gives cer. U.S. patent protection from the cur- the United States greater assurance Some have maintained that repealing rent 17 years from the date the patent that innovations that originate here the patent-extension provisions, as is granted to 20 years from the date of will not be pirated by foreign firms. they apply to pharmaceutical products, filing, conforms U.S. patent law to the The benefits of the provisions cannot is appropriate, because it would make international standards agreed to be overstated. First, it will provide available cheaper versions of a limited under GATT. The agreement, including American companies the economic and number of name-brand drugs a few the patent provisions, was overwhelm- intellectual security needed to develop months earlier than they would other- ingly approved by Congress last No- safe and effective new products; second, wise be available. I believe there is a vember. The Pryor amendment would it will ensure stability in the U.S. more compelling issue regarding the repeal the patent extension provisions pharmaceutical market. This will not balance of trade and the larger con- as they apply to pharmaceutical prod- only stabilize the U.S. market, but also sumer interest. Increased patent pro- ucts. Some of my colleagues believe protect U.S. jobs. Third, it will ensure tection ensures that research and de- this amendment is needed because they research and investment by U.S. com- velopment will continue in, not only, believe the patent extension provisions panies on products that are needed to the medical field, but also in all areas were a mistake and that an inad- treat fatal disease. To change this of innovation. This country leads the vertent windfall to a handful of phar- international agreement now, because world in research and innovation; it

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18205 contributes to the public good both nificantly extend the life, greatly improve NATIONAL KIDNEY ASSOCIATION, here and abroad, and every American the quality of life, and help avoid complex, Evanston, IL, November 22, 1995. benefits from our leadership. Changes risky surgery for people suffering from PPH. Hon. CAROL MOSELEY-BRAUN, to the GATT agreement that seek to I know of no generic drug company that Senate Hart Office Building, would commit the millions of dollars or Washington, DC. repeal patent extensions for only one many, many years of research to discover or DEAR SENATOR MOSELEY-BRAUN: I am writ- class of innovations are, in my opinion, develop such a medicine, and it is unlikely ing you as both a constituent, and as the shortsighted. Such changes will de- that they will ever produce a generic version President of the National Kidney Cancer As- crease private sector revenues for re- for a patient population so small. There are sociation. Thank you for your recent vote in search and development, compromise many other similar patient populations who support of the enforcement of the General U.S. leadership on intellectual prop- depend on the research-based companies to Agreement on Tariffs and Trade (GATT) pro- erty protection, and adversely impact bring these new medicines to market. vision regarding drug patents. The purpose of the General Agreement on Your action will allow significant pharma- the competitiveness of U.S. companies ceutical research to continue on numerous in relation to their foreign counter- Tariffs and Trade (GATT) was to strengthen intellectual property law around the world diseases, including kidney cancer. As you parts. and bring U.S. intellectual property law into may be aware, kidney cancer afflicts thou- The competitiveness of U.S. indus- compliance with other industrialized coun- sands of individuals each year and at the tries is of great concern to me since I tries. If the GATT resulted in longer patent present time, no cure exists for this disease. became a Member of this body 3 years protection for a few medicines—all of which Our greatest hope for a cure is innovative ago. This is because of the inextricable already face competition from other thera- pharmaceutical and biotechnology products, derived from private sector efforts. To find linkage between competitive industries pies—that in my view is a benefit for our so- ciety. this cure, millions of dollars will have to be and the growth and maintenance of spent. It is imperative that Congress provide U.S. jobs. This is why I supported legis- Our patients have experienced the direct steadfast support for scientific discovery and lation such as NAFTA, GATT, product benefits of the tremendous investments that strong patent protection for new drugs and liability reform. I have given careful the pharmaceutical industry has made in re- therapies. My view is that this new GATT search and development. Research-based consideration to all of the these issues. law will encourage further investment in re- companies need and deserve the incentives search and development, and make new I am convinced that these measures provided by strong intellectual property pro- will increase the ability of U.S. indus- medicines possible. This new law gives hope tection. Please do nothing to weaken them. to millions around the world, including kid- tries to compete and lead to a more Sincerely, ney cancer patients, who currently have no UDITH SIMPSON, viable job market. The patent-exten- J options. sion issue is a complex one, and I be- R.N., Ed. S., President, UPAPH. I applaud your courage in opposing efforts lieve, any action by Congress to modify to weaken the GATT patent provisions. Keep the GATT agreement should only be FIBROSIS FOUNDATION, up the important battle to support research undertaken after a thoughtful and Bethesda, MD, November 8, 1995. and development of new drugs. Thank you Hon. CAROL MOSELEY-BRAUN, thorough review of the long-term im- for your determination and insightful leader- U.S. Senate, Hart Senate Office Building, ship. plications of such action. It is for these Washington, DC. Sincerely, reasons that I must oppose the Pryor DEAR SENATOR MOSELEY-BRAUN: I under- EUGENE P. SCHONFELD, amendment. stand Senators Pryor and Chafee are at- President and Chief Executive Officer. I ask unanimous consent that the tempting to amend the Hatch-Waxman Act letters referred to earlier be printed in to eliminate extensions for existing pharma- THE NATIONAL ORGANIZATION ON the RECORD. ceutical patents granted by GATT. I urge FETAL ALCOHOL SYNDROME, There being no objection, the letters you not to vote for that amendment, but in- Washington, DC, November 8, 1995. were ordered to be printed in the stead to protect existing legislation that pre- Hon. CAROL MOSELEY-BRAUN, serves incentives for research and develop- Hart Senate Office Building, RECORD, as follows: ment. Washington, DC. UNITED PATIENTS’ ASSOCIATION As President and Chief Executive Officer of DEAR SENATOR MOSELEY-BRAUN: It has FOR PULMONARY HYPERTENSION, INC., the Cystic Fibrosis Foundation, I have per- come to my attention that, through an effort Speedway, IN. sonally witnessed the great suffering en- by Senator Pryor, Congress is considering Hon. CAROL MOSELEY-BRAUN, dured by patients and their families in their changes to existing law that would chip Hart Senate Office Building, fight against cystic fibrosis (CF). There are away at patent protections in the United U.S. Senate, 30,000 young individuals in this country with States, and possibly around the world. I ask Washington, DC. CF, a fatal genetic disease; more than 900 you to reject that effort. DEAR SENATOR MOSELEY-BRAUN: I’m writ- live in Illinois. I have also witnessed how, for This nation has sought to protect and fos- ing to you on behalf of 400–500 Americans many patients, modern medicines have ter innovation since its very beginnings, pri- who suffer from a very rare and very deadly brought hope, relief from suffering, and even marily through our system of patent protec- disease known as Primary Pulmonary Hyper- a return to health—a miracle made possible tions. Most recently, as a result of the Gen- tension (PPH). Until recently, the best hope by biomedical research. eral Agreements on Tariffs and Trade, the for long-term survival from PPH was U.S. changed its patent terms to bring them By rewarding ingenuity and encouraging through a lung or heart/lung transplant. in line with international standards. Yet innovation, patent protection makes pos- However, today, thanks to research which Congress is now considering weakening that sible the investment of hundreds of millions dates back to the 1970’s, a new drug was re- agreement. of dollars and years of time and effort in cently approved to treat PPH which not only As a member of the National Organization medical research, all the while with no guar- is extending these patients’ lives but is al- on Fetal Alcohol Syndrome, I find that pos- antee of success. Because of the discoveries lowing them to live full, active and produc- sibility very disturbing. Patients afflicted born of these investments, the patients we tive lives. with disease book to biomedical research, es- come in contact with every day benefit I have learned that some generic compa- pecially research taking place in America’s through saved lives and improved quality of nies are now trying to change the law so that pharmaceutical industry, for new and better life. Our health care system benefits from a they can gain financially by bringing their treatments to restore them to health. But reduction in the overall cost of care. products to market before the patents on the this country’s huge investments in research pioneering companies’ products expire. I can While we certainly support patient access and development cannot be maintained with- attest to the value that research-based com- to lower cost treatments for disease, that out the assurance of strong patent protec- panies bring to patients as a result of strong short-term benefit pales if it comes at the tion, not only in the U.S., but also in other patent protection, and I urge you to oppose long-term expense of finding cures to life- markets around the world. these efforts. threatening illnesses. The current law gov- If Congress begins chipping away at patent While I appreciate the cost savings that ge- erning pharmaceutical patents is fair and in protection in the U.S., it begins chipping neric drugs can offer in the short term, I also the long-term best interest of patients. away at the foundations of a system that has know that innovative new therapies for com- On behalf of those patients who still await made this country Number One in the world plex, life-threatening diseases will come only a cure or effective treatment to alleviate in the discovery of new medicines. It also be- from research-based pharmaceutical compa- their suffering, I again urge you not to un- gins to undermine patent protection stand- nies. When it comes to serving patients suf- dercut the patent protection that underlies ards around the world. And it begins the fering from deadly orphan diseases like PPH, America’s best hope for new and better an- process of deflating the hopes of millions of it is the research-based companies that give swers to disease. patients in this country who depend on med- us hope. Sincerely, ical research to find a cure. Glaxo Wellcome recently received approval ROBERT J. BEALL, Please, cast your vote in favor of innova- to market the first medicine that will sig- President and Chief Executive Officer. tion, and against any effort to undermine

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18206 CONGRESSIONAL RECORD — SENATE December 7, 1995 patent protection in this or any other coun- expense of seniors, the poor and all amendment offered by my colleague, try around the world. consumers. This bill would allow ge- for though it is well intentioned, it Sincerely, neric drug companies to sell some of does have important potential adverse PATTI MUNTER, the world’s most frequently prescribed effects on our international trade President. drugs at half the cost that they are agreements. ALLIANCE FOR AGING RESEARCH available at today. This legislation would deny inno- Washington, DC, November 9, 1995. Here is an opportunity for the Con- vator pharmaceutical products the full Hon. CAROL MOSELEY-BRAUN, gress to lower out-of-pocket health statutory term of patent protection U.S. Senate, Washington, DC. care costs. It is an opportunity that that was provided under GATT and the DEAR SENATOR MOSELEY-BRAUN: It has comes at a time when Congress is dis- Uruguay Round Agreements Act come to my attention that, in connection cussing multibillion dollar cuts in [URAA]. There is a requirement in the with a proposal sponsored by Senator David Medicare and Medicaid that will in- Pryor, Congress is considering changes to ex- GATT Intellectual Property Agree- isting patent law that would erode patent crease health care costs for seniors and ment [TRIPS], found in article 70:2, protection in the United States. I am pleased low-income Americans. that WTO members provide TRIPS to see that you are opposed to that effort. Today, seniors who rely on Medicare level patent protection for existing America has always sought to protect and for their health insurance do not re- subject matter on the date of applica- foster innovation primarily through our sys- ceive assistance for the cost of pre- tion of the agreement for the country tem of patent protection and patent-term scription drugs. Even if a senior also in question. This requirement will restoration. Recently in accordance with its has private health insurance, there is multilateral obligations under the Agree- greatly benefit U.S. industries across a no guarantee that it will cover pre- broad range of intellectual property ment on Trade-Related Aspects of Intellec- scription drug bills. Seniors on fixed tual Property Rights negotiated during the elements; not just those industries con- Uruguay Round of GATT, Congress amended incomes depend on money saving ge- cerned about pharmaceutical patents. the Patent Code to harmonize its provisions neric drugs. It is in the U.S. interest that countries with international standards. As a result, Seniors need the savings on prescrip- with weak patent protection provide patent terms for certain eligible products— tion drugs now more than ever. So do the shortest possible transition peri- in all industries—were extended. Under the the over 40 million Americans with no ods. This is the clear objective of the Pryor proposal, however, Congress would health insurance whatsoever. TRIPS agreement and, in particular, weaken our implementation of GATT patent Prescription drugs and the research article 70:2. provisions. devoted to developing new drugs are To meet this key objective of the As the Executive Director of the Alliance vital to meet the health care needs of for Aging Research, I am concerned by any TRIPS agreement, I believe the FDA many Americans. While the manufac- proposal that would have such as effect. Pat- interpretation of the Hatch/Waxman turers that take risks and invest in the ent rights are the cornerstone of America’s Act must prevail. Article 70:2 was spe- development of new drugs have a right biomedical research enterprise. Patents pro- cifically inserted in the TRIPS agree- to a return on their research invest- vide a critical incentive for all companies, ment to prevent WTO members from particularly pioneer pharmaceutical manu- ment, we must not allow prohibitive delaying the application of the strong- facturers, to conduct ground breaking bio- costs to jeopardize consumer access to er protection found in the TRIPS medical research. Patients and their physi- these drugs. There must be a balance. cians depend upon access to the fruits of bio- If the GATT loophole is closed, Med- agreement to existing patents, most of medical research—access which can only icaid will save $150 million over 5 years which we can safely say will be held by occur if there are adequate incentives for the and consumers will save up to $2 bil- U.S. rightholders. research to be conducted in the first place. lion. In my home State of Vermont I strongly believe that U.S. commer- Congress cannot expect the private sector to cial interests in WTO countries that continue making high-risk investments in alone, the savings in Medicaid are esti- mated to be almost $1 million. And, currently provide weak protection will research and development if there is no as- be dealt a severe blow should this surance of strong patient protection (and if Vermont consumers are expected to there is no assurance that the United States save as much as $6.8 million in pre- amendment pass. We need look no fur- will meet its multilateral obligations to pro- scription drug costs. ther than Argentina, whose patent pro- vide such protection). Opponents of the Pryor legislation tection laws are bad and getting worse, This is a particularly critical issue for the argue that it will prevent drug compa- as an example of what might happen if aging Americans represented by the Alli- nies from conducting research and de- the United States pursues a policy that ance. Clearly, the curtailment of biomedical velopment on new drugs. Under the minimizes GATT mandated improve- R&D will lead to a downturn in the rate at ments in patent rights. And there are which biomedical innovations will become Pryor legislation, however, these com- available to the public. New incentives for panies still would have had more than other countries whose patent regimes research and innovation such as those pro- the full 17 year protection they ex- offer no protection to the makers of vided by GATT must be maintained. Other- pected to have when they introduced patented pharmaceutical products, wise, Congress will erode the foundations of their products, to gain a return on costing billions of dollars that would a system that has made America the leader their research investment. In addition, otherwise go into research for new in the discovery of new medicines. drug companies will continue to re- breakthrough drugs. I thank you for supporting innovation and ceive royalties from the generic com- I should also point out that the research for new treatments that will benefit courts have had a chance to render America’s elderly. panies who market competing prescrip- Best regards, tion drug products. judgment on this issue, and they have DANIEL PERRY, Drug firms pocket almost $6 million upheld the current interpretation of Executive Director. each day that the GATT loophole is in the Hatch-Waxman Act that this effect. These companies will go to no amendment would overturn. So I urge GATT AND PRESCRIPTION DRUGS end to protect their windfall. They my colleagues to vote against this Mr. LEAHY. Mr. President, I have have launched a multimillion dollar ef- amendment and for the motion to send worked for many years with Senator fort to lobby Congress. They even went this to the Judiciary Committee. PRYOR on trying to keep prescription as far as misrepresenting a statement Mr. BYRD. Mr. President, the Pryor drugs affordable for Americans. High by former Surgeon General, C. Everett amendment would correct an unin- prices for prescription drugs force some Koop, by portraying him as a strong tended loophole created in the legisla- elderly and low-income Vermonters to supporter of their billion dollar wind- tion implementing the General Agree- choose between buying food or fuel for fall. ment on Tariffs and Trade [GATT]. heat and paying for their medication. We in Congress have a responsibility This loophole will cost consumers bil- In this continuing effort, I am very to protect consumers against these lions and give a windfall profit to cer- pleased to join Senator PRYOR as a co- drug company giants. I urge my col- tain drug companies. Congress must sponsor of S. 1277, the Prescription leagues to support the Prescription take the responsible course of action Drug Equity Act of 1995. This bill cor- Drug Equity Act of 1995 and pass this and correct its mistake by passing the rects a loophole in the GATT Treaty legislation as soon as possible. Pryor amendment. Omissions and er- that gives a handful of drug companies Mr. GRASSLEY. Mr. President, I rors are more likely to happen when as much as a $6 billion windfall at the would like to say a few words about the large, complex bills are taken up under

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18207 limited time constraints. Such is the Mr. PELL. Mr. President, today the ket as planned once they pay the pat- case with GATT, which was considered Senate considered an amendment au- ent-holder the required royalty. This under fast track procedure and was thored by my friends and colleagues, correction is needed because certain rushed through Congress. I believe this Senators PRYOR and CHAFEE meant to provisions in the Hatch/Waxman Act, is an ill-advised way to conduct Senate clarify confusion that has resulted dealing with drug development, have business. It is the responsibility of the from the implementing legislation had the unintended consequence of pro- Congress to correct its unintended Congress wrote following approval of hibiting generic companies from using oversights and omissions. the GATT Treaty last year. Specifi- the GATT transition rules. Pharma- How did this loophole come about? cally, the issue involves when the pat- ceuticals are the only industry unable When Congress enacted the Uruguay ent terms on domestic pharmaceutical to use these rules. Round Agreements Act [URAA], the products expire and when generic com- Under GATT, new pharmaceuticals legislation implementing the General panies can begin to market copies of are given patent protection for the Agreement on Tariffs and Trade those products to the general public. longer of 20 years from the filing date [GATT], which I opposed, it extended Since this issue has been brought to or 17 years from the patent issuance. all patent terms from 17 years from public attention, many contradictory Transition rules were enacted to pro- date of approval to 20 years from the charges have been levelled which have vide fairness to all industries and par- filing date. In addition, the legislation served to create a sense of confusion ties—patentee and competitor—during allowed generic companies to market over whether or not certain entities transition to the new patent-term law. their products as of the 17 year expira- are receiving unfair advantage over the We must correct this rather technical tion date if they had made a substan- other. Unclear are such issues as: What error in the trade bill to ensure these tial investment and would pay a roy- was the intent of our GATT nego- rules are available to all industries. alty to the patent holder. The carefully tiators, and did this intent change as Both Mickey Kantor, U.S. Trade Rep- constructed transition rules were the negotiations went on? What was resentative, and David Kessler, FDA Commissioner, agree with this inter- meant to apply to all industries. How- the intent of Congress on this matter pretation and believe a legislative fix ever, because conforming language to or, as the Federal courts have found, is needed to allow generic companies to the Federal Food, Drug, and Cosmetic was there no intent expressed at all? go forward. This amendment is tightly Act was inadvertently omitted, this How do our trading partners feel about constructed and would have no impact provision does not apply to the generic our addressing this issue now, long on other trade issues included in the pharmaceutical industry. The drug in- after we approved the implementing legislation approving GATT? Who ben- GATT. dustry is the only industry that is While I am aware that this amend- efits and is that benefit justified or shielded from generic competition ment will dip into the profits of a few fair? under GATT during the extended pat- pioneer drug companies, I believe this The answers to these questions are ent term. error has already given them an unin- not clear at present. And given the The U.S. negotiators have indicated tended windfall. If left uncorrected, it enormous stakes on both sides, I find that it was not their intent to exclude is estimated that the delay of several that reaching a satisfactory conclusion the pharmaceutical industry from this generic medications could cost con- difficult given the incomplete record. provision, and that the omission of the sumers and government health pro- Moreover, this is not an abstract policy conforming language was an oversight. grams nearly $2 billion. According to U.S. Trade Representa- issue for me as a Senator from the We have a responsibility to pass this tive Mickey Kantor in a letter to Sen- State of Rhode Island, where Glaxo- amendment and help consumers gain ator CHAFEE, Wellcome, one of the pharmaceutical access to more affordable medications. This provision—the transition rules—was companies with much at stake here, For millions of Americans, especially written neutrally because it was intended to has a manufacturing facility. Prior to senior citizens, prescription drugs rep- apply to all types of patentable subject mat- making a decision that could affect so resent their largest out-of-pocket ter, including pharmaceutical products. Con- many Rhode Islanders, I feel that a health expense. Many life-sustaining forming amendments should have been made clear airing of the ramifications of this drugs are already out of their reach. to the Federal Food, Drug, and Cosmetic Act proposal is required. Given the assur- We can not let the desire of a few drug and Section 271 of the Patent Act, but were ances that these hearings will occur inadvertently overlooked. companies to let this error go uncor- within 120 days, I feel confident that rected place an even greater burden on This oversight means consumers will this issue will be addressed and when it consumers who struggle daily to pay pay more for their drugs than would does, we will have an adequate record for their prescription drugs. otherwise have been the case. If generic on which to base our decisions. Mr. SPECTER. Mr. President, I sup- drug companies cannot bring their I do wish to note that by supporting port the intent of Senator PRYOR to versions of drugs to market under the the effort to refer this to the Judiciary remedy what was apparently an unin- transition rules, consumers will be Committee for hearings, I am not stat- tended omission when the Senate rati- forced to pay more for their prescrip- ing my opposition to the proposal per fied the implementing legislation for tions. Nationwide, it is estimated this se. I will wait to come to the conclu- the General Agreement on Tariffs and may cost consumers $2.5 billion. West sion once the hearings have been com- Trade (GATT) in the 103d Congress. Virginians and the West Virginia State pleted and when the full weight of the However, I remain concerned with am- government will pay an additional $43 proposal is more clear. biguities in the Pryor amendment with million in drug costs. Those who will Mr. COHEN. Mr. President, I rise to respect to the definition of substantial likely be impacted greatly by this Con- support the Pryor generic drug amend- investment. gressional oversight are senior citizens. ment which will correct an oversight in When the GATT implementing legis- Although seniors comprise 12 percent the General Agreement on Tariffs and lation was approved last year, it con- of the population, they use one third of Trade [GATT] implementing legisla- tained a provision harmonizing U.S. prescription drugs. At the same time, tion that has unintentionally post- patent law with the rest of the world seniors live on fixed incomes and often- poned the date at which certain generic by changing patent terms to 20 years times experience difficulty in affording prescription drugs can enter the mar- from the initial patent application their prescriptions. it is outrageous ket. While this delay only affects a rather than 17 years after granting of that Congress would worsen their situ- handful of drug products, consumers the patent. In order to be fair to exist- ation by failing to enact legislation to who take these drugs are paying a big ing patent holders, the legislation gave correct this Congressional oversight. price for this technical mistake. them the option of utilizing the longer Mr. President, this situation can eas- This amendment would clarify the of the pre-GATT and post-GATT patent ily be remedied by adopting the Pryor intent of transition rules in the trade terms. amendment. I urge my colleagues to bill allowing manufacturers who had However, because the legislation af- support the Pryor amendment, and I made substantial investment in prod- fected many generic manufacturers would like to be added as a cosponsor uct development, based on pre-GATT who had been preparing to go to mar- of this amendment. patent expiration dates, to go to mar- ket with competing products upon the

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18208 CONGRESSIONAL RECORD — SENATE December 7, 1995 expiration of the original patent term, biotech organizations, and academic just because we think some companies Congress agreed to allow generic manu- researchers appeared before these two may benefit, then all the intellectual facturers who had already made a sub- combined committees. property work we have done over all stantial investment in that product to I do not want to take too long on these years is going to go down the utilize the original patent expiration this, but let me just take a moment or drain. date and commence marketing, upon two to read from this very important But let me talk again about the paying of a royalty to the patentee. joint hearing transcript. Hatch–Waxman bill. Some have argued that the courts Representative William Hughes, who There were two sides to it. There can interpret the definition of substan- then was the chairman of the House were those who were spending billions tial investment, and consequently, Subcommittee said to Mr. Bruce Leh- of critical dollars in research that is there is no need for legislative guid- man, Commissioner of Patents and going to help bring down health care ance on that definition. I disagree. By Trademarks: costs. These manufacturers are putting retaining this legislative ambiguity, There have been some concerns raised par- their money where their mouths are in we are ceding the legislative role to ticularly by the biotech industry, that order to find these breakthrough drugs the courts. We are also creating consid- grants of patents will be delayed because of that will reduce the costs of medicine erable costly litigation because of this unreasonable requests from the PTO for over the long run and help to relieve ambiguity which should be made clear human trials which, as you well know, could some human misery. take years for some biotechnology products But one of the problems these re- in the statute. These are resources to prove utility, a requirement of patent- which could be better devoted to devel- ability. Is that a legitimate concern on their search-based companies face is that the oping new products and making them part? FDA approval process has taken so available to the public. PTO Commissioner Lehman said: long. The agency is supposed to ap- I have discussed with Senator PRYOR prove drugs in 180 days, according to Well, to the extent that that is a legiti- my willingness to work with him to mate concern, Mr. Chairman, I think that is the statute. correct this ambiguity and then ac- addressed in the Patents Term Restoration That has not happened in fact. It has complish his intended remedy. and Drug Price Competition Act that ex- taken so long that the patent terms Mr. HATCH addressed the Chair. tends patent terms specifically to deal with are eaten up by the delays. The PRESIDING OFFICER. The Sen- regulatory delay. Perhaps that act should be So, there were those on the side of ator from Utah. adjusted if it is not addressing the concerns the research companies who said—and I Mr. HATCH. Mr. President, I take a of industry. was one of them—that what we must tremendous interest in this subject, in By the way, the Drug Price Competi- do is restore some of the patent term part because I chair the Judiciary tion and Patent Term Restoration Act lost through unnecessary regulatory Committee, which handles all patents, happens to be the bill that Representa- delays. The other side consisted of copyrights and trademark legislation tive HENRY WAXMAN and I wrote back those representing the interests of the and problems. Since the amendment in 1984, which is considered to be one of generic drug industry. would made changes in the patent the finest pieces of consumer legisla- I understand that those who support code, the matter would come before the tion in the last 30 years, if not in the the Pryor amendment do so because Judiciary Committee as it has in the entire history of the country. they are worried about consumer costs. past. I am very proud of that law. What their arguments neglect however, In addition, I want to point out that It is one of the reasons why I am say- are two simple questions: my colleague from Arkansas was mis- ing this is not a question of whether What are consumers going to con- taken when he said the Judiciary Com- somebody is going to get a windfall sume if we do not put money into re- mittee has never handled anything re- profit or not. search? garding FDA matters. In fact, I think This issue has very broad policy con- And what will consumers consume if he said, if I am correct, that the Judi- siderations. It is not just something there are not the incentives to produce ciary Committee never looked at the that can be couched in terms of the products they need? Food, Drug and Cosmetic Act. ‘‘gouging the consumers,’’ because The thing that has made the United Perhaps he was not aware that the there are two sides of this issue. States the greatest research country in 1962 Drug Amendments, which estab- The Drug Price Competition and Pat- the world is that we protect patents as lished the safety and efficacy standards ent Term Restoration Act, the Hatch– a property right in the Constitution for drugs reviewed by the FDA, were Waxman bill, brought the two sides to- itself. written in the Judiciary Committee. gether. This, again, is another Judiciary This is a result of the Kefauver hear- I know it. It was negotiated in my of- Committee concern for those who do ings, which led to adoption of new fice over a 2-week period, 18 hours a not seem to appreciate that point. amendments providing the efficacy day. One reason I remember it so well There are those on the consumer side standards which are often heralded as is because I had a root canal during who legitimately asked why it takes so the model standards for the world. that time, and by the time we got near long to get generic drugs approved If there is any one thing you can the end I threatened to kill everybody after the innovator drugs come off pat- point to at the FDA that protects in the room if they did get together ent. They suggested the availability of human beings and makes sure that the and get it done. an abbreviated new drug application so medical products Americans use are We finally did. they did not have to go through the safe and efficacious, it comes from It was a tense time. It was a tough whole safety and efficacy process. work done by the Judiciary Com- time. When we got it done, almost ev- It would have taken them 2 to 3 years mittee. But that is not the point. erybody agreed that this is one of the to take a product like Zantac—which I Before I go to the broader policy finest pieces of consumer legislation mention since that product has been issue, which is much more important ever. attacked here—and duplicate it so that than I think my colleagues would ac- It has saved an average of $1 billion a they can reduce the price for the ben- knowledge, let me just call their atten- year to consumers every year since its efit of consumers. tion to other Judiciary Committee enactment in 1984, as we predicted it So what did we do? We worked hard work on the GATT intellectual prop- would. to enable those generic companies to erty provisions. I am referring to a So, naturally, I am concerned when I be able to do what would be called in- joint hearing in the 103d Congress be- hear that that act is going to be fringement in any other industry. fore the House Judiciary Sub- amended in an unwise fashion. As a consequence of this change, committee on Intellectual Property If the USA, whose officials have these generic manufacturing compa- and Judicial Administration and the asked heads of states all over the world nies were able to borrow from the work Senate Judiciary Subcommittee on to live up to these hard-won inter- of the research-based companies who Patents, Copyrights and Trademarks. national intellectual property agree- are spending as much as half a billion Pharmaceutical industry representa- ments, changes this major treaty right dollars to produce one marketable tives, including those representing off the bat by reducing patent terms drug, and produce a bioequivalent of a

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18209 drug such as Zantac that becomes ef- bringing those ides to fruition. It is the basis recent court decisions, reflects sound fective the day Zantac comes off the of our patent system that allowed American policy and should not be disturbed. patent. ingenuity to prosper throughout the Indus- I am glad we are having this debate Or a better illustration might be Val- trial Age. Today, we are at the dawn of an today, as I welcome the opportunity to Information Age and now, more than ever, ium. When Valium’s patent expired, put the issue in better perspective. the rights of intellectual property holders This is a debate that cuts across the Hatch–Waxman bill provided that must be protected. all kinds of generic companies were Consider the enormous investment in time, party lines. able to produce their version of Valium money, and brainpower required to bring a Reasonable people may disagree that very day, rather than be delayed single new medicine to patients: 12 years and about the best course of action to take the 2 or 3 years through the whole more than $350 million is the average invest- on this amendment, but it is still the process again. ment. Only 20 percent of new compounds same debate: Who is going to benefit, That is important, because what we tested in a laboratory ever find their way the research companies or the generic onto pharmacy shelves. Only a third of those did is bring both sides together to cre- companies? ever earns a return on the colossal invest- The generics have benefited greatly ate the generic industry as we know it ment made to discover it. from what I have personally done for today. In fact, I am proud to have been Though risky and expensive, this process them, and so have the research compa- called on occasion ‘‘the father of the works. The U.S. is the world leader in the de- nies. generic drug industry.’’ velopment of innovative new medicines. Pro- But our overriding goal here must be So I have a tremendous interest in ceeds from the sales of these medicines sup- port the work and research invested in new to make sure we keep in place the in- making sure that the generic industry centives necessary for America to con- is solid and producing lower-cost drugs. successful drugs, as well as the thousands of drugs that never make it out of the lab. tinue as the world leader in developing But I also have a tremendous interest Patent protection makes that investment innovative medical technologies that in seeing that research companies are in research worthwhile—and possible. Re- can be delivered at competitive prices. given fair deals on their patents. cently, patent protection around the world The bottom line is that the Pryor Now, when we came up with the was strengthened and harmonized by GATT, amendment would undermine that Hatch–Waxman bill we knew there which required changes that equalized intel- goal. would be winners and losers. lectual property protection in all partici- At the end of this debate, I am hope- Both sides knew this. pating countries. These changes are impor- ful that my colleagues will share my They were willing to make trade-offs tant to encourage the risky, expensive re- strong conviction that two relevant in order to accomplish a greater goal. search necessary to provide new medicines to fulfill unmet medical needs. laws—the Drug Price Competition and We knew there were winners and los- Now, some generic drug companies are Patent Term Restoration Act, some- ers with the Waxman-Hatch bill, and challenging GATT’s advance in intellectual times known as Waxman-Hatch or we also knew that when GATT was fi- property protection. They are urging Con- Hatch-Waxman and the GATT Treaty— nalized there would be winners and los- gress to amend the 1984 Hatch-Waxman Act act together to advance important pub- ers. to give them an advantage under GATT that lic health and trade policies. Now, I think Dr. Koop’s position has no other industry enjoys. I believe it is clear that the Senate been misrepresented by the other side, A key provision of the Hatch-Waxman Act must reject the Pryor amendment if we some of whom do not think he under- gives generic drug companies a jump-start are to maintain that balance. on marketing by allowing them to use a pat- Let me summarize my three basic ob- stands what really went on. There ented product for development and testing seems to be some confusion about Dr. jections to this amendment: before the patent expires. This special ex- First, many experts in international Koop, our former Surgeon General, who emption from patent law is not allowed for is probably the leading doctor in the any other industry. trade believe that the adoption of this history of this country. In return for these special benefits, the amendment would send precisely the I think Dr. Koop has a pretty good Hatch-Waxman Act requires generic drug wrong signal to our trading partners, reputation in the field of public health. companies to wait until the expiration of the some of whom have had notorious He was a most outstanding Surgeon research companies’ patents before they can track records of being patent-un- begin marketing their drugs. Now, the ge- General. I did not always agree with friendly. neric drug industry is asking Congress to A major gain we made with GATT him, but I always respect his views. give it a special exemption from that restric- was to win international harmoni- Dr. Koop wrote a letter to clarify tion as well. zation with a 2-year patent term. Adop- that those on the other side could not In my opinion, that would be unwise. tion of the Pryor amendment could misrepresent his position any more. Treatment discovery has already slowed; we cause backsliding on the part of foreign That letter is printed in today’s issue should reverse that process, not ensure it. Generic drugs play an important role in countries required to implement and of Roll Call. It makes, I believe, an elo- enforce their obligations under GATT. quent case against the Pryor amend- helping lower the cost of medicines. But it is the pharmaceutical research industry that Let us not steal defeat from the jaws of ment. discovers and develops those medicines in victory. I will submit for my colleagues’ con- the first place, investing billions of dollars Second, the Waxman-Hatch Act sideration this letter to Morton in research and development that can span achieved a careful balance between the Kondracke, Executive Editor of Roll decades without any guarantee of success— generic and innovator sectors of the Call, from Dr. C. Everett Koop, former an investment made possible by our system pharmaceutical industry. Surgeon General of the United States. of patent protection. The proponents of the Pryor amend- I ask unanimous consent that the full Mr. HATCH. Preserve patent protec- ment urge that only one industry is letter be printed in the RECORD at this tion and you preserve the opportunity singled out for different treatment point. for the discovery of future cures and under the GATT implementing legisla- There being no objection, the mate- treatment for disease. Undercut that tion. rial was ordered to be printed in the protection and you undercut America’s What is absent from that line of ar- RECORD, as follows: hope for new and better answers to our gument is the fact that only one indus- KOOP ON PHARMACEUTICALS health care needs. try, the generic drug industry, is per- To the Editor: It is for this reason that I must rise mitted by current law to engage in ac- In your Food & Drug Policy Briefing (Oct. tonight in opposition to the amend- tivities that in any other industry 9), an article appeared concerning patent ment offered by Senators PRYOR, would constitute patent infringement, protection under the General Agreement on CHAFEE, and BROWN. as I have said before. Tariffs and Trade. I am of the firm belief Whenever Senator PRYOR and I join A recent Federal district court re- that any action on the part of the Senate to in debate over pharmaceutical issues, I viewed the relevant provisions of law weaken the hard-fought patent protections am sure some of our colleagues want to and concluded, ‘‘This was no more a of GATT would imperil the future of intellec- say, ‘‘Here we go again.’’ windfall to the * * * [pioneer firms] tual property rights and undermine the re- search activities of pioneering pharma- Well, here we go again. * * * than the windfall which benefited ceutical companies. Mr. President, I oppose this amend- many patent holders when the seven- The right to claim ideas as property allows ment because the current statutory teen year term of patents was extended innovators to invest their time and money framework, as interpreted by several to twenty years.’’

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18210 CONGRESSIONAL RECORD — SENATE December 7, 1995 Third, if the Pryor amendment is time in the history of GATT during the Uru- For all of these reasons, the AEI analysts adopted, it may run afoul of the guay Round. As a result of hard-fought com- conclude that USTR Kantor’s contention takings clause of the fifth amendment promises, worldwide standards for protecting that the amendment would not undermine to the Constitution. Patents are recog- and enforcing intellectual property rights America’s position in international trade ne- were established, and intellectual property nized and protected by American gotiations ‘‘would seem to come under the protection was significantly improved. heading of ‘‘ ‘whistling in the wind.’’’ courts and by our Constitution as prop- The decision to tackle patent rights during Significantly, USTR Kantor’s position has erty. the Uruguay Round, despite the reluctance been strongly countered by his predecessors, By repealing patent extensions of some developing countries, reflects the former-Ambassadors Clayton Yeutter and granted under the GATT legislation complexity of international trade and the Bill Brock. Ambassador Brock asserts that and reducing vested patent terms, the international significance of patent rights. nations which in the past have denied Amer- Pryor amendment could trigger the As the principal source of inventive activ- ican investors patent protection ‘‘will see guarantee that affected property hold- ity, the U.S. stands to gain substantially this retreat on our part as a ready excuse to from the Agreement on Trade-Related As- implement their own minimalist versions of ers receive just compensation. pects of Intellectual Property (TRIPs) im- I ask unanimous consent that a copy intellectual property protection.’’ Thus, Am- provements in patent protection worldwide. bassador Brock concludes, we would be un- of an October 24 ‘‘Dear Colleague’’ let- In countries that previously provided limited ter signed by a bipartisan group of 11 able ‘‘to force other nations to adhere to the patent protection, a minimum 20-year patent TRIPs agreement if we set this unfortunate Senators, and a December 6 ‘‘Dear Col- term must be granted immediately upon precedent.’’ league’’ letter discussing these issues their acceptance of the TRIPs obligations. Similarly, the Emergency Committee for be printed in the RECORD at this point. Enhanced patent protection overseas will American Trade (ECAT) concludes, ‘‘A U.S. There being no objection, the letters have a significant impact on the commercial retreat from its own commitments to in- interests of the United States and the result- were ordered to be printed in the creased intellectual property protection for ing economic gains and job creation in the RECORD, as follows: all patented products would be a destructive United States will be considerable. U.S. SENATE, The Uruguay Round agreement was a land- precedent that could lead to an unraveling of Washington, DC, October 24, 1995. mark achievement, but the real test comes hard-won gains.’’ DEAR COLLEAGUE: We are writing to indi- when countries implement their multilateral The European Community (EC) has ex- cate our bipartisan opposition to an amend- obligations under GATT. Since the U.S. in- pressed similar ‘‘serious concerns’’ about any ment which may be offered during Senate sisted on the inclusion of enhanced patent such precedent. The Vice-President of the consideration of S. 1357, the Balanced Budget protections in the Uruguay Round agree- European Commission believes the amend- Reconciliation Act of 1995. That amendment ments and historically has been the leading ment ‘‘would contradict our mutual aim of would deny U.S. innovator pharmaceutical international advocate for broadening patent providing a reasonably high and secure pro- manufacturers international patent protec- rights, it is essential that the U.S. be a world tection for the huge investments made by EC tions provided under key provisions of the leader on GATT implementation. and US research-based pharmaceutical com- GATT implementing legislation. Enhanced patent protection will be dimin- panies’’ and ‘‘send a negative and highly visi- The Uruguay Round Agreements Act ished abroad if the United States itself vio- ble signal to those numerous countries which (URAA) implemented the United States’ ob- lates the patent term embodied in TRIPs. It are still in the process of preparing new leg- ligations under GATT by providing that the is almost certain that such an action would islation on the protection of pharmaceutical term of any patent in force on June 8, 1995, provide foreign-based pirates and patent in- inventions.’’ be the greater of 20 years from the applicable fringers with potent ammunition in seeking As America’s trading partners implement filing date or 17 years from the date of grant. to have their domestic governments devise GATT, it is vital that the U.S. be in a posi- These critically-important patent provisions measures that are inconsistent with TRIPs— tion to demand that they adopt legislation benefit all industries and all patent holders. thereby denying U.S. patent holders their consistent with the requirements embodied Nevertheless, a handful of generic drug rights secured by TRIPs. in the Uruguay Round agreements. In order companies have urged Congress to rewrite A report just released by two American to do so, we cannot be childed into adopting the law in effect to eliminate the 20-year Enterprise Institute (AEI) analysts con- an ill-considered amendment that vitiates term for certain prescription drug patents by cludes that such ‘‘weaken[ing] [of] the pat- patent protection for American patent hold- allowing generic companies to sidestep exist- ent system during this critical period of im- ers. ing statutory provisions under the Drug plementing the TRIPs agreement could well THE GATT PATENT AMENDMENT WILL CHILL R&D Price Competition and Patent Term Restora- give developing countries a pretext for back- IN RESEARCH-INTENSIVE INDUSTRIES tion Act of 1984 (‘‘Hatch-Waxman’’) that pre- ing away from their GATT commitments to Intellectual property rights are critical to clude the generic from entering the market strengthen the protection of intellectual all American industries and should not be until the full term of the pioneer’s patent property.’’ They point out several developing lightly disregarded. They are particularly has expired. nations, including India, Singapore, and important to the pharmaceutical industry Repealing this provision of the URAA Thailand, which are already attempting ‘‘to because they fuel the engine that drives the would: weaken the U.S. position in negoti- dilute and evade’’ the patent protection com- biomedical research enterprise and result in ating and enforcing strong international pat- mitments they accepted during the Uruguay numerous therapeutic advances. ent protection which was a major achieve- Round. ment of the GATT; have a chilling effect on It is clear that, in this patent-unfriendly An amendment that eliminates the GATT biomedical research in the pharmaceutical context, the proposed amendment would be patent benefits for pharmaceutical products industry; and be subject to legal challenge as interpreted internationally as encouraging a would undermine a critically important in- an unconstitutional taking of property. minimalist’s interpretation of GATT’s im- centive for research and development. It is inappropriate to consider a change of provements in patent protection. As the AEI As with other research-incentive industries this magnitude in the context of budget rec- analysts conclude, America’s trading part- in the United States, the pioneer pharma- onciliation. Both Hatch-Waxman and the ners will construe the amendment as a green ceutical industry has benefited significantly Uruguay Round were hard-won compromises light to act inconsistently with GATT: from America’s patent system. Due to the which were negotiated very carefully. The ‘‘Thus, any signal that the United States high costs and significant risks associated amendment has both trade and intellectual itself is contemplating weakening its TRIPs with developing and marketing prescription property implications, as well as substantial obligations will undoubtedly be seized upon drugs, patents have allowed pharmaceutical implications for food and drug law. Further- by these countries as a pretext to resist pres- manufacturers to attract the risk capital more, this issue is now before the Federal sure to put in place strong intellectual prop- necessary to develop and clinically test inno- courts in ongoing litigation and any action erty protections.’’ Having redefined patent vative new therapies. at this time would be premature. terms domestically in order to secure en- The results of such ground breaking bio- For these reasons, as discussed in detail in hanced patent rights overseas, it would be medical research flows directly to patients the attachments, we urge you to oppose con- imprudent for this Congress to send any such who have access to drugs for complex and sideration of the GATT patent amendment signal. life-threatening diseases which are developed during debate on budget reconciliation. The international trade ramifications ex- only by pioneer pharmaceutical companies. Sincerely, tend beyond questions of intellectual prop- We should continue to reward their inge- Christopher J. Dodd; Orrin G. Hatch; Jo- erty protection. The positions advocated by nuity and encourage their innovation. seph I. Lieberman; Alfonse M. proponents of this amendment ‘‘are likely to If Congress encourages a curtailment of D’Amato; Charles E. Gressley; Lauch be turned against the United States in future biomedical R&D by limiting incentives, it Faircloth; Mike DeWine; Carol Mosely- trade negotiations,’’ according to the AEI inevitably will cause a downturn in the rate Braun; Ernest F. Hollings; Jesse Helms; analysts. The AEI report concludes that ar- at which biomedical inventions will become Dan Coats. guments advanced in support of the amend- available to the public. For this reason, an THE GATT AMENDMENT WOULD UNDERMINE ment ‘‘will come to haunt U.S. negotiators’’ array of patient and research groups—includ- AMERICA’S TRADE POSITION and ‘‘play rights into the hands of developing ing the American Association for Cancer Re- Intellectual property rights were addressed countries who still maintain and defend com- search, the Alliance for Aging Research, the on a multilateral trade basis for the first pulsory licensing.’’ Cystic Fibrosis Foundation, the Allergy and

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18211 Asthma Network/Mothers of Asthmatics, and two weeks ago. An amendment on this issue because of the advent of the latest ‘‘miracle the Autism Society—oppose the amendment. would be premature at this time. drug.’’ These breakthrough treatments have THE GATT PATENT AMENDMENT COULD EFFECT brought hope and, in many cases, renewed AN UNCONSTITUTIONAL TAKING OF PROPERTY U.S. SENATE, health to thousands of patients. They are the Legal analysis supports the view that the Washington, DC, December 6, 1995. product of an increasingly important con- DEAR COLLEAGUE: We are writing to urge proposed GATT amendment ‘‘would clearly cept: the sanctity of intellectual property. your opposition to the Pryor amendment to deprive the patent holders of their property The right to claim ideas as property allows H.R. 1833, the partial birth abortion ban bill. rights. . . .’’ Patents have traditionally been innovators to invest their time and money This amendment would deny the benefits of recognized and protected by American courts bringing those ideas to fruition. it is the GATT to U.S. innovator pharmaceutical as property. basis of our patent system that allowed companies. Based upon existing precedents, it can be American ingenuity to prosper throughout The Pryor amendment is bad policy. It un- argued that any legislation affecting either the Industrial Age. Today, we are at the dermines the purposes of GATT, and it fun- the exclusive use of a product to which a pat- dawn of an Information Age and now, more damentally upsets the delicate balance we ent holder is entitled, or the time during than ever, the rights of intellectual property forged in 1984 upon adoption of the Drug which the patent holder is entitled to that holders must be protected. Price Competition and Patent Term Restora- Consider the enormous investment in time, exclusive use, affects core elements of the tion Act (‘‘Hatch-Waxman’’). That Act was money, and brain power required to bring a property right represented by a patent. designed to ensure that innovator companies By repealing patent extensions granted single new medicine to patients: 12 years and continue to have sufficient incentive to in- under the URAA, and reducing vested patent more than $350 million is the average invest- vest the billions of dollars necessary to terms to which existing patent holders are ment. Only 20% of new compounds tested in produce new medicines while at the same currently entitled, this amendment could a laboratory ever find their way onto phar- time allowing generic companies a quick and trigger the Fifth Amendment guarantee that macy shelves. Only a third of those ever inexpensive way to get their versions of the the property holders receive just compensa- earns a return on the colossal investment drugs on the market after the patent has ex- tion. made to discover it. In this era of fiscal constraints, and par- pired. The Hatch-Waxman Act also gave generic Though risky and expensive, this process ticularly in the context of the budget rec- drug companies an advantage possessed by works. the U.S. is the world leader in the de- onciliation debate, it would be ironic indeed no other industry in either the United States velopment of innovative new medicines. pro- for Congress to impose such financial obliga- or the industrialized world. It specifically re- ceeds from the sales of these medicines sup- tions on an already-strained federal budget. pealed those provisions of patent and case port the work and research invested in new We should carefully consider whether the law that forbade any testing, plant construc- successful drugs, as well as the thousands of amendment would have such an effect. tion, or investment in something which is drugs that never make it out of the lab. IT IS INAPPROPRIATE TO CONSIDER THE GATT still under patent, thus enabling the generic Patent protection makes that investment PATENT AMENDMENT DURING RECONCILIATION industry to conduct its bioequivalency tests in research worthwhile—and possible. Re- Regardless of one’s views about its merits, and even produce a drug before the patent cently, patent protection around the world it is clear that a GATT patent amendment expires. It is generally agreed that this re- was strengthened and harmonized by the would be inappropriate at this point. duces the effective life of a drug patent GATT, which required changes that equal- The proposed amendment is not a tech- about three years. This is in addition to the ized intellectual property protection in all nical amendment as it has been character- fact that Hatch-Waxman allows generics to participating countries. These changes are ized by its proponents, who suggest they are avoid the lengthy, multiyear approval proc- important to encourage the risky, expensive simply trying to correct a ‘‘simple mistake ess by using the safety and efficacy testing research necessary to provide new medicines in legislative drafting’’ that resulted in a data of the innovator company. This is esti- to fulfill unmet medical needs. ‘‘legal loophole’’ in the URAA. The facts are mated to save the generics between $350 mil- Now, some generic drug companies are quite different. lion and $500 million per drug. challenging the GATT’s advance in intellec- The amendment would result in substan- We are enclosing a previous dear colleague tual property protection. They are urging tial changes in two statutes—the URAA and letter which provides you with information Congress to amend the 1984 Hatch-Waxman the 1984 Hatch-Waxman Act. The Hatch-Wax- on this subject, as well as a letter to the edi- Act to give them an advantage under the man Act represents a careful balance be- tor that will appear in tomorrow’s Roll Call GATT that no other industry enjoys. tween the interests of innovator manufactur- from Dr. C. Everett Koop, the former Sur- A key provision of the Hatch-Waxman Act ers and generic drug companies. It has geon General of the United States. We urge gives generic drug companies a jump start on worked well for over 10 years and should not you to read this letter carefully as it elo- marketing by allowing them to use a pat- be amended lightly. Even minor changes to quently and persuasively argues our case. We ented product for development and testing Hatch-Waxman could have profound effects are also including a collection of statements before the patent expires. This special ex- on all segments of the pharmaceutical indus- from various patient groups who also oppose emption from patent law is not allowed for try. the Pryor amendment because these individ- any other industry. For example, a tele- Under Hatch-Waxman, generic drug compa- uals know first-hand that intellectual prop- vision manufacturer who wants to market or nies are already given significant advan- erty is the key to new discoveries which use its own version of a patented component tages. They are allowed to begin develop- mean life or death for millions of people. must wait until the patent expires; other- ment of their generic drugs while the pio- We urge you to join us in opposing the wise, it risks liability for patent infringe- neer’s patent remains in effect, and they can Pryor amendment. ment. rely on the safety and efficacy data devel- Sincerely, in return for these special benefits, the oped by the innovator. The proposed GATT CHRISTOPHER J. DODD, Hatch-Waxman Act requires generic drug amendment would negate a complementary United States Senator. companies to wait until the expiration of the provision in the Hatch-Waxman Act; that ORRIN G. HATCH, research companies’ patents before they can provision requires generic companies to re- United States Senator. begin marketing their drugs. Now, the ge- spect the pioneer’s full patent term, and neric drug industry is asking Congress to thereby upset the balance codified in that November 30, 1995. give it a special exemption from that restric- statute. Mr. MORTON KONDRACKE, tion as well. The dramatic changes that would result Executive Editor, from the proposed amendment would occur Roll Call, Washington, DC. In my opinion, that would be unwise. without the benefit of prior congressional In your special supplement on the FDA Treatment discovery has already slowed; we consideration. The proposed amendment (October 9, 1995), an article appeared con- should reverse that process, not ensure it. would have a direct and significant effect on cerning patent protection under the General While the generic drug industry continues patent rights, which fall squarely within the Agreement on Tariffs and Trade (GATT). I to prosper as a result of the benefits received jurisdiction of the Judiciary Committee. am of the firm belief that any action on the in the 1984 Act, medical research has contin- We should not rush to legislate in this area part of the U.S. Senate to weaken the hard- ued to become more complex, more costly, before all Committees of relevant jurisdic- fought patent protections of the GATT and more time consuming, further limiting tion have had a reasonable opportunity to would imperil the future of intellectual prop- the effective market life for patented prod- hold hearings and give careful consideration erty rights and undermine the research ac- ucts. to all of the proposed amendment’s potential tivities of pioneering pharmaceutical compa- Generic drugs play an important role in ramifications. nies. helping lower the cost of medicines. But it is Finally, questions relating to implementa- A little-known revolution has taken place the pharmaceutical research industry that tion of the URAA are currently in litigation. in my lifetime. When I started practicing discovers and develops those medicines in One lawsuit addressing the precise issue cov- medicine, only a fraction of the drugs that the first place, investing billions of dollars ered by the proposed amendment has been we now take for granted existed. Over the in research and development that can span expedited for consideration by the U.S. Court years, I have witnessed great suffering en- decades without any guarantee of success— of Appeals for the Federal Circuit (CAFC). dured by patients and their families that, an investment made possible by our system The CAFC heard arguments in that case just just a few years later, could have been eased of patent protection. Preserve protection and

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18212 CONGRESSIONAL RECORD — SENATE December 7, 1995 you preserve the opportunity for the dis- As my colleagues are aware, the Uru- They have explained that changing covery of future cures and treatments for guay Round Agreement Act—the the implementing legislation now disease. undercut that protection, and you URAA—is the statute that implements sends exactly the wrong message. undercut America’s hope for new and better the GATT Treaty. Mr. President, both of these inter- answers to our health care needs. Some have said today that the GATT Sincerely yours, national trade experts were active par- patent amendment merely corrects a C. EVERETT KOOP, M.D. ticipants in the TRIPS negotiations simple oversight made in drafting the during their respective stewardships at PATIENT ADVOCATES OPPOSE EFFORTS TO GATT implementation bill. the U.S. Trade Representatives’ Office WEAKEN STRONG PATENT PROTECTION This is simply not true. as U.S. Trade Representatives. ‘‘At a time when health care delivery, re- And wishing will not make it so. As Mr. Yeutter wrote to the Finance search and development are evolving faster Negotiations on the GATT Treaty Committee in September of this year: than anyone can accurately monitor, Sen- were exceedingly detailed and complex. In the Uruguay Round, one of the principal ator Pryor’s efforts to lead Congress down a They took place over many years—in objectives of the United States was to road that chips away at patent protections fact, across the terms of four American strengthen international protection of pat- for U.S. pharmaceutical products will dig a Presidents. ents, trademarks, copyrights, trade secrets, health care grave for Americans.’’—Nancy Given the ample opportunity for this and semiconductor lay-outs. The United Sander, President, Allergy and Asthma Net- issue to have arisen previously, it States leads the world in ideas and innova- work/Mothers of Asthmatics, Inc. seems to me that those who argue we tion, particularly in cutting-edge tech- ‘‘Congress cannot expect the private sector should adopt this after-the-fact tech- nologies such as pharmaceuticals and bio- to continue making high-risk investments in technology. Thus, . . . TRIPS . . . was a research and development if there is no as- nical correction amendment should face a heavy burden. major breakthrough for the United States. surance of strong patent protection...’’— He goes on to say: Daniel Perry, Executive Director, Alliance Their case is, and should be, severely for Aging Research. undercut by the fact that the Congress In my view, adding further preferential ex- ‘‘The risk of supporting [Senator Pryor’s] made changes in the very sections of ceptions to the Uruguay Round’s 20-year legislation would be to weaken the incen- the relevant laws that we are now minimum patent term, for the generic drug tives for innovation in academia, research industry or anyone else, would set an unfor- being told were not amended as a sim- tunate precedent and seriously undermine institutions, and medical research-based ple matter of oversight. companies. We believe that this will impede U.S. efforts to secure stronger International One of the chief benefits that the IPR disciplines. Many developing countries our capacity to address the growing epidemic GATT Treaty can achieve for the of cancer.’’—Joseph R. Bertino, M.D., Presi- have long opposed effective patent protec- dent, American Association for Cancer Re- American people is to increase inter- tion for pharmaceuticals and agricultural search, Inc. national protection of intellectual chemicals in order to protect domestic in- ‘‘The ASTMH members have dedicated property. dustries engaged in illicitly copying Amer- their lives to easing the suffering of patients These important agreements are set ican products. under their care and returning them to forth in the Agreement on Trade-Re- As Mr. Yeutter clearly indicates, health whenever possible. In this effort, mod- lated Aspects of Intellectual Property, there are strong trade policy argu- ern medicines are among our most effective the so-called TRIPS provisions. A key ments for standing firmly behind this tools. Congress’ steadfast support of strong aspect of TRIPS was to require that all new 20-year rule. These concerns were patent protection has encouraged the invest- also shared by another former U.S. ments in research and development that 123 GATT signatory countries adopt a make these medicines possible.’’—Carole A. minimum 20-year patent term, meas- Trade Representative, William Brock. Long, Ph.D., President, American Society of ured from the date that a patent appli- In a recent letter, Senator Brock ex- Tropical Medicine and Hygiene. cation is filed. plained the significance of the GATT ‘‘While we certainly support patient access Strengthening international recogni- intellectual property provisions: to lower cost treatments for disease and dis- tion of intellectual property rights When I first proposed international agree- ability rehabilitation, that short-term ben- such as patents was one of the most ments to extend intellectual property pro- efit pales if it comes at the long-term ex- important gains we made in the adop- tection worldwide under the GATT, no one pense of finding cures to life-threatening ill- tion of the GATT Treaty. These rights believed it could be done. Yet it was the nesses.’’—Sandra H. Kownacki, President, act to protect innovative American crowning achievement of the recently suc- Autism Society of America. cessful Uruguay Round. . . Now I hear that ‘‘Because of the discoveries born of these firms, which all to often have been the some pending proposals could imperil the investments [in pharmaceutical research], victims of unscrupulous behavior by implementation of that agreement. I refer the patients we come in contact with every foreign competitors who have expropri- specifically to legislation recently intro- day benefit through saved lives and improved ated American know-how. duced by David Pryor.... quality of life.’’—Robert J. Beall, Ph.D., Obviously, all World Trade Organiza- Proponents suggest that this legislation is President and CEO, Cystic Fibrosis Founda- tion member countries must take seri- only a ‘‘technical’’ correction to the . . . tion. ously their obligations to respect intel- URAA . . . and neither weakens patent pro- ‘‘Patients afflicted with disease look to lectual property rights under the tection . . . nor diminishes the United biomedical research, especially research tak- States’ ability to fight for stronger inter- ing place in America’s pharmaceutical indus- GATT Treaty and ensure that there national patent protection. I disagree! try, for new and better treatments to restore will be no back sliding. It is vital that America must also be Senator Brock goes on to say as them to health.’’—Patti Munter, President, former Trade Representative: The National Organization on Fetal Alcohol perceived as honoring its obligation as Syndrome. a World Trade Organization member. It will be difficult, if not impossible for the ‘‘Our patients have experienced the direct I recognize that Ambassador Kantor United States to force other nations to ad- benefits of the tremendous investments that has been identified as one who is sup- here to the TRIPS agreement if we set this unfortunate precedent. the pharmaceutical industry has made in re- portive of this type of Pryor amend- search and development. Research-based In sum, in exchange for the hope of short ment. term savings, the PRYOR proposal could cost companies need and deserve the incentives In a September 18 letter to Senator provided by strong intellectual property pro- all U.S. firms and workers the enormous tection.’’—Judith Simpson, R.N., Ed.S., PRYOR, Mr. Kantor takes a view that long term gains we worked so hard to President, United Patients’ Association for the approach advocated by the Pryor achieve in the Uruguay Round. That is penny Pulmonary Hypertension, Inc. amendment does not weaken the cam- wise and pound foolish. paign for stronger patent protection When the comments of these two Mr. HATCH. As the ‘‘Dear Colleague’’ abroad and reflects the intent of the former U.S. Trade Representatives are letters point out, what is at stake here drafters of the URAA. I disagree with contrasted with the views of Mr. is not just the patent status of a few him, and I disagree with Senator Kantor, and my friend from Arkansas, drugs, but also our international trade PRYOR on both scores. Senator PRYOR, it is clear that this is posture and the complex set of incen- First, I would like to point out that the type of issue upon which reason- tives and regulations that govern our two former U.S. Trade Representatives, able and honorable people may dis- Nation’s biomedical research and de- William Brock and Clayton Yeutter, agree. velopment network. have stated that the recently adopted I understand that the proponents of Let me turn to a more detailed expla- GATT Treaty is a major improvement this amendment are motivated by good nation of my position. that benefits the American public. intentions, but I think they are on the

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18213 wrong side of both the law and the pol- I am therefore very much concerned with chemicals in order to protect domestic in- icy on this issue. the potential impact of the adoption of such dustries engaged in illicitly copying Amer- In further support of my viewpoint I legislation on third counties. For several ican products. This is one reason the United point out that Ambassador Kantor’s years both the US and the Community have States finally agreed to extremely long tran- made major efforts, jointly in the GATT but sition periods in TRIPS. The proposed counterpart at the European Commis- also in the context of our respective bilateral amendment would provide further aid and sion finds the Pryor approach ex- negotiations with third countries, to im- comfort to foreign pirates that want to con- tremely troublesome. Now, if you know prove the protection of intellectual property tinue infringing American patents. It would the British, when they say ‘‘extremely rights. This effort has been successful, both be thrown back at U.S. trade negotiators troublesome,’’ that is about as strong a in the GATT where the TRIPs Agreement every time they complain that a foreign gov- statement as they can make. has now been adopted as part of the Uruguay ernment is not adhering to its TRIPS obliga- Sir Leon Brittan has informed the Round, but also in our relations with many tions. In Section 532(a)(1) of the URAA, Congress current U.S. Trade Representative: third countries. This includes not only sig- nificant improvements with respect to the made the right choice by rejecting proposals I am therefore concerned that the adoption adoption of higher substantive standards for to in effect shorten the 20 year minimum of these proposals (or for that matter, any patent protection but also so-called pipeline patent term established in TRIPS. To recon- other bill which aims at achieving the same protection for pharmaceutical and agro- sider that decision now would be a mistake; objectives) would send a negative and highly chemical product inventions. Nevertheless, the proposed amendment would clearly un- visible signal to those numerous countries there is still a long way to go before the dercut future U.S. efforts to enforce strong which are still in the process of preparing TRIPs Agreement is implemented by our international IPR disciplines. new legislation on the protection of pharma- WTO partners, and we both have further ob- Sincerely, ceutical innovation. jectives to pursue at the bilateral level in CLAYTON YEUTTER. This information should dispel the terms of improved protection of our intellec- myth that there are no important tual property rights. I am therefore con- THE BROCK GROUP, LTD., trade implications at stake in this de- cerned that the adoption of these proposals Washington, DC, September 20, 1995. Senator WILLIAM V. ROTH, JR., bate. (or, for that matter, any other bill which aims at achieving the same objective) would Hart Senate Office Building, It should dispel the myth that the send a negative and highly visible signal to Washington, DC. Pryor amendment has no potential those numerous countries which are still in DEAR SENATOR ROTH: When I first proposed negative impact on our efforts to en- the process of preparing new legislation on international agreements to extend intellec- hance international respect for intel- the protection of pharmaceutical inventions. tual property protection worldwide under lectual property laws. I very much hope that you share my wor- the GATT, no one believed it could be done. I ask unanimous consent that the re- ries and the United States Administration Yet it was the crowning achievement of the will convey these concerns to the United recently successful Uruguay Round—thanks marks of Clayton Yeutter, Bill Brock, almost solely to the persistent and active and Sir Leon Brittan be printed in the States Congress. Sincerely, support of the U.S. business community and ECORD R . LEON. U.S. governmental leaders. There being no objection, the mate- Now I hear that some pending proposals could imperil the implementation of that rial was ordered to be printed in the HOGAN & HARTSON L.L.P., RECORD, as follows: Washington, DC, September 26, 1995. agreement. I refer specifically to legislation Re amendment to shorten pharmaceutical recently introduced by David Pryor, called THE RIGHT HONOURABLE SIR LEON the Consumer Access to Prescription Drugs BRITTAN, OC, VICE-PRESIDENT OF patent terms under Uruguay Round Agree- ments Act. Act (S. 1191). S. 1191 creates special rules so THE EUROPEAN COMMISSION, that the generic pharmaceutical manufac- Brussels, Belgium, October 20, 1995. Hon. WILLIAM V. ROTH, Jr., turers can take advantage of preferential Hon. MICKEY KANTOR, Chairman, Committee on Finance, treatment under the Drug Price competition U.S. Trade Representative, U.S. Senate, Washington, DC. and Patent Term Restoration Act of 1984 Washington, DC. DEAR MR. CHAIRMAN: I am writing at the (‘‘Hatch/Waxman Act’’) without adhering to DEAR MICKEY: My attention has been request of Glaxo-Wellcome, Inc. to offer my the 20 year patent term negotiated during drawn to draft legislation recently intro- views on the application of the Uruguay the GATT Uruguay Round negotiations. duced in the United States Senate (S. 1191 Round Agreements Act (‘‘URAA’’) to certain Proponents suggest that this legislation is and S. 1277), concerning the marketing of ge- pharmaceutical patents. As I understand it, only a ‘‘technical’’ correction to the Uru- neric pharmaceutical products. As I under- an amendment may be offered by Senator guay Round Agreements Act (URAA) and stand it, the effect of these Bills would be to Pryor in the Finance Committee to extend neither weakens patent protection under deprive the owner of a pharmaceutical pat- the transition rules of Section 532(a)(1) of the URAA nor diminishes the United States’ ent of the full benefits of the patent term URAA to generic drug manufacturers that ability to fight for stronger international provided for in the TRIPs Agreement of the already receive preferential treatment under patent protection. I disagree! This issue is Uruguay Round. the Hatch-Waxman Act. The Pryor Amend- far too important to risk on the basis of This threat causes serious concern to the ment (S. 1191) would in effect shorten the hoped-for ‘‘good intentions’’ in nations European research-based pharmaceutical in- terms of these patents in order to safeguard which have never favored intellectual prop- dustry and to the Commission, and seems to the activities of generic drug manufacturers erty protection. be in contradiction with the long-standing that would otherwise be deemed to be in- Countries around the world are still in the US policy of providing strong protection for fringing under U.S. law. process of implementing the Uruguay Round research-based intellectual property rights, In the Uruguay Round, one of the principal Agreement. A number have withheld their both at home and abroad. objectives of the United States was to own action to wait and see what we do. We The United States and the European Com- strengthen international protection of pat- all know those whose prior actions have cost munity combined their forces during the ents, trademarks, copyrights, trade secrets, American inventors and entrepreneurs bil- Uruguay Round on patent questions. We and semiconductor lay-outs. As you will re- lions. The will see this retreat on our part as fought successfully together, for example, call, we fought long and hard even to get this a ready excuse to implement their own for the principle that existing subject matter issue on the Uruguay Round agenda. The minimalist versions of intellectual property should benefit fully from the reinforced United States leads the world in ideas and protection. It will be difficult, if not impos- standards included in the TRIPs Agreement. innovation, particularly in cutting-edge sible for the United States to force other na- The unqualified adoption of these provisions technologies such as pharmaceuticals and tions to adhere to the TRIPS agreement if by our trading partners, especially in the de- biotechnology. Thus, the Agreement on we set this unfortunate precedent. veloping countries, is of great importance for Trade-Related Intellectual Property Rights In sum, in exchange for the hope of short American and European industry alike. Any (‘‘TRIPS’’), which established effective legal term savings, the Pryor proposal could cost deviation from these principles should there- protection for patents (including a minimum all U.S. firms and workers the enormous fore be treated with utmost care. This also 20 year patent term), was a major break- long term gains we worked so hard to applies to the use of the exceptions clause through for the United States. achieve in the Uruguay Round. That is penny contained in Article 70(4) of the TRIPs In my view, adding further preferential ex- wise and pound foolish. The United States Agreement. In my view, these proposals have ceptions to the Uruguay Round’s 20 year must continue to be a leader on full imple- several significant shortcomings, and the minimum patent term, for the generic drug mentation of every aspect of the agreement basic philosophy which they translate into industry or anyone else, would set an unfor- on intellectual property in both substance legislative language would contradict our tunate precedent and seriously undermine and in form. mutual aim of providing a reasonably high U.S. efforts to secure stronger international One final additional point. Domestically, and secure protection for the huge invest- IPR disciplines. Many developing countries this legislation would upset the delicate bal- ments made by EC and US research-based have long opposed effective patent protec- ance provided for in the Hatch/Waxman Act, pharmaceutical companies. tion for pharmaceuticals and agricultural which already grants generic pharmaceutical

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18214 CONGRESSIONAL RECORD — SENATE December 7, 1995 firms special treatment in the area of pat- In the present matter, therefore, the plain Yet, as the Supreme Court stated in Eli ents not available to other industries. S. 1191 meaning of the URAA is dispositive. Lilly Co. v. Medtronic Inc., the Hatch-Wax- would further the bias against pioneer phar- This is quite a contrast from the re- man Act created an important new mecha- maceutical firms. cent letter from Mr. Shultz which can nism designed to guard against infringement Please give careful consideration to the be called nothing less than political. of patents relating to pioneer drugs, with en- negative impact this legislation would have. In the May letter, this FDA official forcement provisions that apply only to I would be delighted to give you additional drugs and not to other products. specifics if it would be helpful. makes some very compelling and cat- egorical findings which support my ar- 2. The Court also observed, citing as Sincerely, authority the 1990 Federal Circuit deci- WILLIAM E. BROCK. guments about the proper interpreta- tion of the relevant statutes. A number sion in the VE Holding Corp. case: ‘‘We Mr. HATCH. I also take exception to presume ‘that Congress is knowledge- those such as Senator PRYOR and Am- of courts have issued rulings consistent with this interpretation. able about existing law pertinent to bassador Kantor who suggest this legislation it enacts.’’’ amendment achieves a result clearly For example, on August 8, 1995 the United States Court of Appeals for the 3. The Court went on to say that: intended by the URAA. We believe that if Congress had intended This is the position that was taken in Federal Circuit issued a ruling in the case of DuPont Merck Pharmaceutical that the URAA affect the Hatch-Waxman a September 27 letter from the FDA Act’s finely crafted ANDA approval process Deputy Commissioner for Policy, Wil- Company versus Bristol-Myers Squibb. Upon reviewing the relevant statutes in the manner urged by [generic manufactur- liam Schultz. ers], at the very least it would have referred I must highlight with great skep- the court found that, ‘‘* * * the URAA to 21 U.S.C. 355(j) and 35 U.S.C. 271(e) in the ticism the portion of the FDA letter does not clash with the Hatch–Waxman URAA. that states in part: ‘‘the URAA does Act,’’ and precluded the generic manu- 4. Finally, the Federal Circuit boiled not address the effect of the URAA pat- facturers from entering the market via down the situation as follows: the Waxman-Hatch route until the ex- ent term extensions on the drug ap- The statutory scheme does not say, as [the proval process under the Federal Food, piration of the affected patent. Like- generic manufacturer] argues..., ‘‘If nor- Drug, and Cosmetic Act * * *’’ wise, as I stated earlier, on October 16, mally you would infringe, you do not in- It may be true that the URAA does the United States District Court for fringe during the Delta period.’’ Rather, it not address the question in a way the the Eastern District of Virginia issued says, ‘‘If normally you would infringe, you also infringe during the Delta period.’’ FDA and proponents of the Pryor an opinion in a group of four consoli- amendment would like, but let us be dated cases that raised similar but not So let there be no doubt in anyone’s crystal clear that the relevant statutes identical URAA/Hatch-Waxman issues. mind about the clarity of the law or In this case, Merck versus Kessler, do, in fact, address this question. the intent of Congress in this area. the court was unpersuaded by the argu- I find the characterization in the Having discussed the trade policy ar- ments made by the generic drug indus- September FDA letter particularly in- gument and the ‘‘it-is-merely-an-unin- try and stated ‘‘This was no more a teresting in light of the earlier May 25, tended-technical- oversight’’ argu- windfall * * * than the windfall which 1995 FDA response to a citizen petition ment, I would like next to address this benefited many patent holders when filed by several innovator drug firms. windfall issue since it goes to the heart the 17-year term of patents was extend The May FDA statement of policy is of the argument advanced by those be- to 20 years.’’ hind this amendment. quite explicit on what the law address- I think the District Court got the law es. In that statement, the FDA ac- Let me say to my colleagues that my on the windfall issue exactly right. involvement in the Hatch-Waxman Act knowledged that the Supreme Court’s Finally, I would note that on Novem- 1984 Chevron decision provides guid- of 1984 compelled me to think carefully ber 1, the Federal Circuit, the court about the need for balancing incen- ance in the area of statutory construc- that handles patents, copyrights, and tion. In Chevron, the Supreme Court tives. trademark issues, overturned a deci- The American public should enjoy instructed ‘‘If the intent of Congress is sion rendered by the United States Dis- clear, that is the end of the matter; for the benefits both of low-cost generic trict Court for the Southern District of medications and breakthrough prod- the court, as well as the agency, must Florida in the case of Bristol-Myers give effect to the unambiguously ex- ucts developed by R&D-based firms. I Squibb versus Royce Labs. have worked hard to see that both pressed intent of Congress.’’ Although, as I have laid out, various Consider the following five direct sides are taken care of. Let me repeat officials in the current administration that: Both lower-cost generic drugs and quotes from the May FDA statement and the proponents of the amendments signed by Deputy Commissioner breakthrough drugs ought to be avail- now flatly assert that Congress clearly able to American consumers. Schultz: intended the result they wish to No. 1: The challenge is to devise incentives achieve, it is instructive that the Fed- that foster the availability of both The agency believes that interpretation of eral Circuit ruling—this is last Novem- the interrelationship between the transi- breakthrough and generic drugs. That ber 1, just a little over a month ago— is precisely what Hatch-Waxman at- tional provisions of section 532(a)(1) of the noted: URAA and 35 U.S.C. is governed by the plain tempts to do and has done. language of the URAA. The parties have not pointed to, and we Let there be no doubt that I am a have not discovered, any legislative history supporter of both the generic and the The second direct quote from the on the intent of Congress, at the time of pas- FDA May statement signed by the very sage of the URAA, regarding the interplay innovator sectors of the pharma- same Deputy Commissioner Schultz: between the URAA and the Hatch-Waxman ceutical industry. One of my great re- The URAA is not ‘silent or ambiguous’ on Act. Therefore, we limit our inquiry to the grets is that neither sector has as large the question of applying the transitional wording of the statute. a presence in my State of Utah as they provision to the generic drug approval proc- I wonder what tangible information do in many other States across the Na- ess. that Ambassador Kantor and the FDA tion. But both are there. Let me give you the third: possess on this issue of intent and why Nevertheless, both of these players in Moreover, this apparently is not an exam- neither the litigants nor the Federal the pharmaceutical market produce ple of Congress having overlooked a statu- Circuit appear to have it at their dis- products that have enormous benefit tory provision that might have been changed posal? for citizens in Utah and everywhere. It had it been aware of its existence . . . In finding against the generic manu- is for that reason that we must weigh No. 4: facturer the Federal Circuit makes a heavily any legislation that would ad- . . . the agency does not believe that it can number of points in the Bristol-Myers versely affect their ability to deliver assert that Congress was unaware of the ex- Squibb versus Royce Labs case that I these products to the public. istence of these remedies for infringement of wish to bring to my colleagues’ atten- The fact that I oppose this particular patents on drug products, and, therefore, did tion: amendment does not change the fact not include them among the unavailable 1. The decision notes the unique that I am, and will remain, a devoted remedies. . . of the URAA. treatment afforded to new drugs by the supporter of the generic drug industry. And finally, No. 5: 1984 law. The Federal Circuit said: Unlike my colleagues proposing this

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18215 amendment, however, I am convinced rights. As one of the authors of Wax- ceuticals. Between 1989 and 1994, the that it would be unwise to adopt this man-Hatch and as an advocate for both sum of these annual positive balances measure. the generic and pioneer sectors of the was over $5.2 billion. The proponents of the Pryor amend- industry, I have a special interest in Maybe if other industries would in- ment urge that only one industry is the legislation under debate. vest as much in R&D as the drug indus- singled out in current law for different But since this debate is taking place try, the United States could once again treatment under the URAA transition now, I believe that I have a responsi- have a favorable overall balance of rules. What is absent from this line of bility to provide perspective on some of trade. reasoning is the fact that only one in- the changing pressures on the bio- A favorable balance of trade means dustry, the generic drug industry, is medical research and development that jobs for Americans, and that is an im- permitted by current law to engage in have occurred since the passage of portant consideration in today’s eco- activities that would ordinarily con- Hatch-Waxman back in 1984. nomic climate. stitute patent infringement—and I am Let me turn to some charts which I Let me go to the next chart. This one of the people who helped them get believe illustrate this, and I will do next chart shows how many research there. this to try to move along. However, misses it takes for pharmaceutical Mr. President, I remind my col- this is an important issue, which companies to find a hit that is com- leagues that before we so hastily throw should not just be tossed aside. Nor mercially viable. This shows how many around the terms ‘‘windfall’’ and ‘‘un- should we act like this is just a simple chemically synthesized drugs there are. just enrichment’’ let us clearly under- little issue between consumers and The reason we have the break here is stand the laws and policies at issue and gouging drug companies. because the poster is not large enough how they affect incentives for bio- Let me turn now to some charts to show how high this bar would really medical research. which I believe illustrate the broader go—5,000 drugs identified. Of those One of the centerpieces of this debate context in which this amendment must 5,000, only 500 were tested in organ is the operation of the so-called ‘‘Bolar be evaluated. preparations. Of those, only 250 were Amendment’’ contained in the Hatch- There are a number of complex fac- tested in animals, 5 in human clinical Waxman Act and codified at 35 U.S.C., tors that shape the environment of the studies, and only one was eventually section 271. biomedical research enterprise in this approved for use in humans by the In the 1984 Roche versus Bolar case, country. FDA. One out of 5,000 tries becomes a the Federal Circuit held that the man- By placing their sole focus at the hit—one. ufacture or use of a patented product back end of the R&D pipeline and on These companies take tremendous for the development of data to submit those few products that are success- risks in trying to come up with a mar- to FDA constituted patent infringe- fully commercialized, the proponents ketable drug, one that will return what ment. of the amendment do not take into ac- it costs for the research and develop- It is this provision of the Hatch-Wax- count the nature of the risks involved ment to develop it. man Act that treats generic drug man- in conducting the necessary research As you can see, for every successful ufacturers differently from every other leading to development of new drugs. drug that emerges out of the pipeline, industry in our economy. If the United States is to remain the 5,000 potential products drop by the Under the Hatch-Waxman Act ge- world’s leader in health care tech- wayside. neric drug firms may legally use a pio- nology and our citizens are to continue One other fact to note as we go from neer product to help secure FDA ap- to receive the latest in medical ad- activity to activity across the bottom proval and can gear up production to vances, it seems to me that the Senate of this chart is that these activities get go on the market before the pioneer has a responsibility to look at the fac- costlier as we move from test tube to product patent expires. Normally such tors that influence participation in the the patient’s bedside. activities would constitute patent in- front end of the development pipeline. Let me go to the next chart because fringement, clear and simple. In my view, it is critical that we these are things you should not ignore. There is nothing similar to the spe- work to create the incentives nec- This chart shows that this is a bigger cial treatment afforded the generic in- essary to attract trained personnel and policy issue than the belief by some dustry elsewhere in the patent code. resources into biomedical research and that these companies are gouging. This unique status is sufficient to jus- development. This next chart shows the drug devel- tify treating generic drug products dif- This first chart shows pharma- opment cost rising over time. In 1986, ferently treatment under the URAA ceutical research and development as a the cost to develop a new drug was $151 transition rules. percentage of sales. As you can see, the million. In 1990, the average cost for One of the things that I find trou- electrical products industry spends 2.5 the approval of a new drug was $359 bling about this amendment today, percent on research and development million. like the previous amendment offered at as a percentage of sales, the tele- As you can see, it costs a lot of the Finance Committee mark-up, is communications industry 3.7 percent, money to bring a new drug to market. that the Senate floor—when debating a the aerospace industry 4.2 percent, the In addition, these costs have risen bill to ban partial-birth abortions— scientific instruments industry 5.4 per- since the passage of the Hatch-Waxman may not present the best time or place cent, and the office/computer machin- law in 1986. And these costs continue to to reconsider the details of such care- ery industry 8.0 percent. On the other rise today. fully crafted bills such as the URAA hand, in 1993 the pharmaceutical re- Clinical and preclinical tests are and the Hatch-Waxman Act. search and development companies costly. They are difficult. And they are The FDA policy statement issued in spent 18.3 percent of their total sale on highly regulated activities. May states: research and development. As you can see, a significant amount The 1984 Waxman-Hatch Amendments to That is what is involved here—re- in gross sales must be generated by the Federal Food, Drug, and Cosmetic Act search, research, research—the hope each one of these research companies, represent a careful balance between the poli- for the future that we might solve like any one of the ones they are com- cies of fostering the availability of generic some of these immense medical prob- plaining about here, to recover the drugs and of providing sufficient incentives for research on breakthrough drugs . . . lems. huge drug development costs. There There is certainly a strong argument to be As you can see, the ratio of R&D in- has to be in the billions of dollars of made that such a compromise should not be vestment as a percentage of product sales to recuperate their research and upset without hearings and careful delibera- sales is significantly higher than for development companies. tion as to the impact on the twin interests other representative R&D industries If they do not recuperate those mon- served by the Waxman-Hatch Amendments. such as electronics, computers, aero- eys at least a part of the time—and As Chairman of the Judiciary Com- space, and telecommunications. they do not a lot of the time—they are mittee, I can say that the Committee As a result of this investment, the not going to stay in business. If this has an interest in any legislation, such United States still enjoys a positive happens, we will not have these block- as Senator PRYOR’s, that affects patent balance of trade in the area of pharma- buster drugs, and we will not have the

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18216 CONGRESSIONAL RECORD — SENATE December 7, 1995 life-saving pharmaceuticals that are That chart shows one of the most sig- That takes 10 to 18 weeks, and an ab- saving people’s lives every day. nificant developments in the bio- breviated new drug process which is 6 We will not have a cure for AIDS, and medical research enterprise since the months. That is all they have to do. we will not have a cure for Alzheimer’s passage of Hatch-Waxman in 1984. They do not have to spend $359 million. disease or any other number of dis- The R&D expenditures by pioneer They can copy that drug the minute it eases. drug companies now—for the first time comes off patent and eliminate the The next chart shows that there is a in recent history—exceeds the funding costs. This has made and built the public/private partnership in drug re- of the National Institutes of Health. whole generic industry and has bene- search and development. One of the major reasons that the fited consumers through saving billions Mr. CHAFEE. Mr. President, I won- United States is the world’s recognized and billions of dollars since 1984. der if I might ask the Senator a ques- leader in biomedical research is the Are we going to just make it even tion, if it is possible to reach a time public investment made in NIH since more difficult for these companies that agreement on this? World War II. have made this whole industry by now, Mr. HATCH. There sure is. I will be American citizens have enjoyed the under Hatch-Waxman, and let them through in a few minutes. I do not benefits of the close partnership that just take these drugs and run with think that I will have any more to say, has developed among pharmaceutical them? I fought to get this done. I be- unless somebody asks questions. I am and medical device firms, academic lieve in generics. I think this ought to happy to reach a time agreement. medical centers, and the NIH. continue. Let us be very, very clear The basic research conducted at and Mr. CHAFEE. I ask the sponsor. We about it. This is a privilege that we supported by the NIH is complemented are all here. Can we arrive at a time give no one else in patent law, and we by the private sector R&D efforts. agreement? do it for consumers. Mr. HATCH. Why don’t you get your This is the type of public-private Now, are we going to now to make it side together, let me finish my re- partnership that we can all take pride very, very difficult to produce the marks and then we will agree on a time in and should fight to retain in the fu- drugs that these people have to have to agreement? ture. be able to survive? I hope not. Mr. CHAFEE. You are in such flying We do not want to take away the in- form. You have all of your engines run- centives of R&D. That is what this A study by the Tufts University Cen- ning. amendment does. ter for the Study of Drug Development Mr. HATCH. That is why I want to We all know of too many instances in estimated that it takes on average $359 finish my remarks. This is an impor- which our foreign competitors have ex- million and 12 years to get a new drug tant issue. As the author of the Hatch- ploited their close linkages between approved by the Food and Drug Admin- Waxman Act, I am very concerned Government and industry to wrest istration. I know that is insane, but about it. However, I do not intend to away U.S. industrial leadership. If we that is what it takes. take too much longer. We are going Americans leverage together our public A lot of time elapses in the labora- through the salient points. and private sector resources, we can tory just determining the best drug This particular chart shows R&D ex- compete against anyone in the world. candidates through test tube and ani- As we tighten our budget belt to put penditures. NIH expenditures are the mal studies. Three complex and time- the Nation’s fiscal house in order, I do blue bars. The private sector expendi- consuming phases of human clinical not think it is realistic to expect that tures are the green bars. The private trials are required to develop the nec- we will continue to see the growth rate sector means the pharmaceutical re- essary safety and efficacy data that in the NIH budget that is represented search company. must be submitted to the FDA. This In 1985 we spent more on research and on this chart. testing takes time and money. But I want to see this growth rate of development in the NIH —$4.8 billion— the research companies continue. It is essential in this debate to under- than was spent by the pharmaceutical Since 1988, the NIH budget has al- stand that the generic drug manufac- companies —$4.1 billion on R&D. most doubled. turers are not required to undertake In 1988, R&D for the pharmaceutical If we are to retain our world leader- any of this extensive and expensive companies started to surpass NIH—$6.3 ship in biomedical research it will be testing. billion for NIH, and $6.5 billion for the important to retain the incentives that Let no one undervalue the impor- pharmaceutical companies. will encourage drug firms and the cap- tance that this testing process has for In 1991, the NIH spent $7.7 billion, and ital markets to invest their resources the health and safety of every Amer- the pharmaceutical companies jumped in this research. ican. to $9.7 billion. This chart shows that industry is In contrast to the rigorous safety and In 1995, the NIH will spend $11.3 bil- stepping up to the plate. efficacy requirements placed on the lion on research and development. The American citizens and families pioneer drug firms—these up here that pharmaceutical companies will spend around the world will benefit from this takes 12 years and $359 million to de- almost $15 billion. research. velop a drug,—the Hatch-Waxman law Pharmaceutical companies are doing What is the difference between the provides for a much simpler and easier the job. Do not undercut them. This regulatory review requirements for ge- approval standard for generic drugs. amendment undercuts them. This neric versus pioneer drugs? amendment appears to be a populist Let me show the difference for those Generic drug manufacturers can rely amendment. It seems to have appeal to of you who may not have a knowledge upon the safety and efficacy data of those who think they are on the con- of FDA law. These are the steps to es- pioneer firms and must only show that sumer side. But the consumer really is tablish safety and efficacy for inno- their product is bioequivalent to the on both sides—one side would lead to vator drugs for these research compa- pioneer product. That can be done in a lower drug costs on the short run, our nies, which take 12 years to complete. matter of weeks, not years, at a frac- side would lead to continued support of In 1990, this process cost $359 million. tion of the cost and none of the risks the research and development of drugs Lab and animal studies, 3.5 years; that are faced by these pioneer firms. for the long term. phase one safety studies, 1 year; phase According to a 1992 Frost & Sullivan Research and development benefit 2, testing effectiveness of studies, 2 study, after the passage of the Hatch- the generic companies because if they years; phase 3, extensive clinical test- Waxman Act, the average cost for a ge- do not get to blockbuster drugs, the ge- ing, 3 years; FDA review, 2.5 years. neric drug company to prepare and file neric companies will not be able to Under Hatch-Waxman, look at how an abbreviated new drug application is copy them. the generic benefit. We provide a short- ‘‘well below the million mark.’’ I have already shown that the drug cut for generic drugs. All they have to A large part of the reason why ge- industry spends a relatively large pro- do to take their drug to market is to neric drugs can be sold for less than portion of its earnings in R&D and that complete a bioequivalency test and es- brand-name products is that the ge- the cost of bringing the successful drug tablish that their drug is bioequiva- neric companies do not have to perform to market is high and rising. lent. That takes 10 to 18 weeks. the extensive research and clinical

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18217 trials required of innovator drug com- for the right to keep these products which the language of the amendment panies. Nor do generic drug firms have coming to these generic companies, for is drafted. These concerns include: On to finance all the products that fall by the right of all Americans to have ac- substantive grounds, as I have argued the wayside. cess to reasonable and good and life- earlier, I am opposed to the manner in Generic drug companies piggyback saving drugs and to have the incentives which sections (a) and (b) of the on the fruits of the pioneer’s research. to get us there. amendment, respectively, act to over- We permit that. We want that to occur. By the way, just to choose Zantac as turn the 17 year from grant/20 year But we should not ignore what a great an illustration, Zantac is a therapeuti- from filing choice of the URAA transi- thing the pioneer companies do for us. cally important drug. It is one of the tion rules and the elimination of sec- There is a tremendous amount of ap- best antiulcer medications in the world tion 271(e) of title 35, United States peal to an amendment which appears today. Of course, there are other drugs Code, as the sole and unique remedy to provide consumers with the oppor- of this class. Tagamet, for instance, is provided by the Hatch-Waxman Act. tunity to greater access to lower-cost already subject to generic competition. I am also concerned about the oper- drugs. If Senator PRYOR’s proposal It just so happened that the company ation of the equitable remuneration were that simple, I would be for it. It is that makes Zantac, Glaxo, had gone provisions contained in section (c) of easy to get up and make it look like through this long, expensive research the proposed amendment. It appears to your approach is the only approach for and development process, and they me that this provision puts the cart be- consumers. were left with an effective patent term fore the horse. Under the Hatch-Wax- But if the companies that go through of around 121⁄2 years after FDA ap- man law patent rights are carefully de- these 12 years, $359 million, 5,000 tries proved this product. The URAA will ex- termined before a generic drug product to get one drug are undercut, we are all tend its patent life for an additional 20 may be approved for marketing. undercut, and the generics will not months or thereabouts. Section (c) of the amendment ap- have any drugs to copy so that they The fact is that the drug Zantac pears to reverse the operation of the can keep their industry going. came out in 1983, 1 year before the URAA transition rules. Specifically, It is penny-wise and pound-foolish to Hatch-Waxman bill, and therefore had the amendment seems to allow a ge- treat this like it is some simple little it been approved 1 year later it would neric drug manufacturer to infringe consumer versus gouger issue. It is a have qualified for, as I understand it, 2 and only allows a patent holder to seek lot more than that. full years of further patent protection equitable remuneration after the in- Senator PRYOR’s proposal is not that under the transition rules of Hatch- fringement has taken place. This is op- simple. You cannot accept it on face Waxman. posite of current law which makes a value. You have to delve into all the In fact, Zantac was a loser under potentially patent-infringing ANDA facts and the case law. Failure to ex- Hatch-Waxman. Well, it happens to be applicant subject to an infringement amine this information about the na- a winner under the GATT Treaty and action and an equitable remuneration ture of these two industries would be Uruguay Round Agreement, and if we determination prior to the commission shortsighted at best. undercut that, yes, you might be able of any infringing act. In fact, there could be some short- to say, well, they are going to make I also will seek clarification of term financial gains for some if we did some additional revenues—I see your whether this amendment would permit the marketing of generic versions of not provide full patent term for a chart here—$3 billion, but let me tell products that vary slightly from inno- whole range of products. By that logic, you something. They spent millions of vator products without triggering the however, we ought to just make every- dollars developing this product, and equitable remuneration provisions. thing generic—generic appliances, they lost a substantial time of their Specifically, I will seek clarification of automobiles, electronics, everything. patent term before the product was ap- whether the phrase in section (c), ‘‘an It would save the consumers all kinds proved. Even with the time it receives approved drug that is the subject of an of money. under the URAA, it still does not get a application described in subsection It would also dry up all research and full 17-year patent term. (a)’’, refers to the innovator drug or development, all technology, all the in- There is another side to the coin. I do the generic copy. vestment in quality and efficient pro- not want anybody to get an unfair I am also concerned about the lack of duction, including jobs and the vast windfall, but it is hardly a windfall guidance on the question of what con- array of choices Americans have as when firms are investing billions of stitutes a ‘‘substantial investment’’ consumers. dollars in research annually. I have to under this amendment and whether an We would no longer have break- say that there were winners and losers innovator firm may contest such an as- through drugs which are improving and under Hatch-Waxman, and there will be sertion made be a generic firm. In addi- saving the lives of so many millions of winners and losers under the GATT tion, I will seek a better understanding Americans. Treaty. of what standards a court should apply As I have said, I have a tremendous But the bigger policy concern is how when reviewing the apparently unilat- affection for both the brand name and not to undercut the treaty and send the eral finding on the part of a generic generic industries. They are both im- wrong message to the rest of the world. manufacturer that it has made a sub- portant to our Nation’s health care. Undercutting intellectual property pro- In my view, it is clearly in the best stantial investment. tection would be injurious to the whole So, there are many technical ques- interests of consumers that both pio- world, or at least the 123 nations that tions that can be raised about this neer and generic drug companies exist agreed to GATT, and not undermining amendment. harmoniously in our competitive drug the incentives for pharmaceutical re- At this point, I hope I have made the and medical marketplace. search that enables our country to be case for this side, and I personally hope It serves neither the public nor this the leader in the world in this impor- that Senators will defeat the Pryor body well for us to berate continually tant endeavor. amendment and that we go about keep- the R&D-based pharmaceutical indus- I do not think there is any reason for ing the industry going the way it has try which is doing so much good in this the generic companies to come in here been going in both areas for the benefit world and ironically is the industry and complain since their whole indus- of all mankind. upon which the generic companies try was created by the very bill that I yield the floor. themselves rely. they are now trying to amend and take Mr. CHAFEE addressed the Chair. I believe we have to defeat this even further advantage when, in fact, The PRESIDING OFFICER. The Sen- amendment. I understand the distin- they have a tremendous advantage ator from Rhode Island. guished Senator from Ohio has an today and will have every year that the Mr. CHAFEE. Mr. President, with the amendment to this amendment. My Hatch-Waxman bill is in effect. So this principals in the Chamber here, I won- personal preference would be to defeat is not some simple little gouging issue der if it would be possible to set a spe- this amendment and to stand up for or some simple little equity issue. cific time that we might vote. American trade, American technology, Mr. President, I have a number of I know a lot of Senators are out, so I American research and development, concerns relating to the manner in do not think we are in the position

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18218 CONGRESSIONAL RECORD — SENATE December 7, 1995 where we can go immediately to a vote issue—not like some demagoged issue, In fact, Madam President, according in 15 minutes or so. I would offer the but treat it like it should be treated, to former Surgeon General Dr. C. Ever- suggestion that we agree to vote at that is, as one of the most important ett Koop, who my colleague from Utah 8:30, while allowing time for the Sen- issues in the history of trade negotia- has already quoted, to bring a new sin- ator from Ohio and others to speak. tions. gle medicine to patients requires on I defer to the Senator from New So it is up to the Senator. It is his the average an investment of 12 years Hampshire. amendment. But I will be happy to put and $350 million. Of the components Mr. SMITH. I would say to the Sen- it within a certain timeframe. If the tested in a laboratory, only 20 percent ator from Rhode Island, we are work- Senator will tell me what he wants, I ever make it onto pharmacy shelves, ing on that. We are very close. We are will be happy to try to do that. If the and only a third of those ever earn a not quite there. We need to confer with majority leader tells me, I will be return on the investment made Senator HATCH for a few moments. We happy to do that. through the discovery. may very well be able to come up with Mr. DEWINE. It would be my under- Madam President, if we weaken pat- an agreement very similar to what the standing, from the statement made by ent protections on these products, we Senator just indicated, if he could give the chairman, that he would be willing will stifle innovation, and slow down us a few more minutes. to hold these hearings, and Members of further the discovery of new treat- Mr. CHAFEE. Fine. I am just I sup- the Senate could be advised these hear- ments for diseases such as possibly pose a catalyst here. But I do know ings would take place sometime within AIDS or cancer. that people are away, so that as much the next 120 days. Is that correct? Two former U.S. Trade Representa- notice as can be given the better. Mr. HATCH. If I understand the dis- tives, Clayton Yeutter and William Mr. DEWINE addressed the Chair. tinguished Senator, I would be willing Brock, argue that passage of the Pryor The PRESIDING OFFICER. The Sen- to set it within 120 days, and notify all amendment would set a bad precedent. ator from Ohio. Members when it will occur, of course. It would cost all U.S. firms and work- Mr. DEWINE. Mr. President, Senator I have no problem with that. I will give ers the enormous long-term gains that DODD and my second-degree amend- advance notice about it. the Trade Representatives worked so ment to the Pryor amendment ex- Mr. DEWINE. I thank the Senator hard for in Uruguay. It would do this presses the sense of the Senate that the very much. by making it nearly impossible for the (Mrs. HUTCHISON assumed the Senate should, through the Committee United States to force other nations to chair.) on the Judiciary, conduct hearings to adhere to the intellectual property pro- Mr. DEWINE. Madam President, let tections of this agreement. investigate the effect of these new pat- me continue briefly in regard to this ent provisions in title 35. I think it Robert L. McNeill, executive vice matter. Chairman of the Emergency Com- makes eminent sense to do this. Let Madam President, I think it is abun- me just, while I see my colleague from mittee of American Trade, said the fol- dantly clear after we have listened to lowing: Utah on the floor, get his attention for this debate—my colleague from Rhode a moment and ask him if he could re- . . . enhanced protection of intellectual Island, my colleague from Arkansas, property rights will be diminished abroad if spond to a question. both have been very, very eloquent in the United States itself violates the patent Mr. HATCH. Sure. regard to this issue—I think it is clear, term contained in the [intellectual property Mr. DEWINE. The second-degree after listening to my colleague from rights protections] agreement. It is almost amendment Senator DODD and I have Utah, the chairman of the Judiciary certain that such an action would provide offered provides that this issue would Committee, that there are two sides to foreign-based pirates and patent infringers be referred to the Judiciary Committee with potent ammunition in seeking to have this issue, that there is a very com- their domestic governments devise measures for hearings. And as chairman of the plicated, a very serious issue, and it is Judiciary Committee, I wonder if the that are inconsistent with [these protec- the type of issue, quite frankly, that tions.] Senator could give the Members of the we should have hearings. Madam President, on the other hand, Senate some indication of how he in- We should, as the chairman of the supporters of the Pryor amendment tends to conduct the hearing or what Judiciary Committee just said, hold argue that failure to amend the Hatch- time there would be in that event. those expeditiously. We should hear Waxman Act would place a substantial There have been some questions on the from both sides of the particular issue. burden on consumers. Moreover, ac- floor. And I think we should respond to And then I believe we will be in a much cording to U.S. Trade Representative the Members before the voting in re- better position for this Senate to take Kantor, amending the act would ‘‘in no gard to that. a position and to actually hold a vote. way increase the ability of our trading Mr. HATCH. I am not adverse to I think as we listen to this debate it partners to justify their failure to pro- hearings. I think this is that impor- is just abundantly clear that there are vide * * * consistent patent protection tant. In fact, I think it is an appro- legitimate issues, arguments on both [for intellectual property rights.]’’ priate way to proceed. I have to tell sides of the debate and that we should So clearly, Madam President, this the Senator that we have about all we examine those. Frankly, the only way amendment is not as straightforward— can handle for the rest of the year on this Senate has to examine them at the underlying amendment by my col- the Judiciary Committee. I do not length is not just by debate on this league from Arkansas is not as think anybody doubts that. We have floor, but it is also by actual hearings. straightforward as it might appear on the judges, the matters on the floor, So I think Members of the Senate the surface. This is legislation that and hearings scheduled. should understand that the vote in should be debated fully and not thrown So I would be very happy to agree to favor of the DeWine-Dodd amendment in as an amendment to the partial- some sort of date certain, at least would, in fact, guarantee that these birth abortion bill. within a time period. I think you ought hearings would take place and the Sen- Madam President, I yield the floor. to give us, I would say, at least 120 ate would have the opportunity to have Mr. DODD. Regardless of one’s view days in which to hold a hearing. But I the benefit of hearings. about the merits of the issue, an abor- will try to hold it as expeditiously as There are two sides to this. On the tion bill is not the appropriate place to possible within that period. We will be one hand opponents of the Pryor take up the GATT patent issue. This fair to both sides, because I think both amendment argue that shortening the amendment is complicated, involving sides need to be fully aired on this mat- patent term contained in the agree- issues of patent law, trade, innovation ter. ment on trade related aspects of intel- and new drug therapies. This issue If we hold such a hearing, if the Sen- lectual property rights, that provision needs a full hearing, so that we can get ator prevails on his amendment, I in the Uruguay round of GATT would past demagoguery and really look at would do that expeditiously. It would have detrimental effects on both the the issues carefully. probably be some time after the first of development of new and innovative That is why Senator DEWINE and I the year, but hopefully within 120 days. medicines and also the global patent are suggesting that we hold at least The hearing will give both sides a protections gained for United States one hearing on the issue before adopt- real airing of this. We will treat this manufacturers in Uruguay. ing an amendment that would deny the

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18219 benefits of GATT to U.S. innovator would strongly encourage that. I do the Senate Judiciary Committee, there pharmaceutical companies. not know of any other speakers we might be, for example, a 120-day period The underlying amendment would re- have on our side. I have a few more when the report from the committee sult in substantial changes in two stat- comments I would like to make about comes back to the floor of the Senate. utes—the GATT implementing statute this subject. I wonder if the Senator Madam President, with all due re- and the 1984 Hatch-Waxman Act. The from New Hampshire, the manager of spect to that idea, let us just look for first is a trade treaty that we nego- the bill, might have any comments on a moment at what that would do. We tiated in good faith with many other a time agreement, or a time certain? have done a little calculation here. If countries who are relying on our com- Mr. SMITH. Mr. President, I believe we extend 120 days of protection to mitment to abide by the strong inter- everyone on our side has spoken who Glaxo for Zantac alone—and this does national patent protections that were a wishes to speak. How much time does not include the other dozen or so drug major achievement of GATT. The the Senator wish? companies under this umbrella— 120 Hatch-Waxman Act provided special Mr. PRYOR. I might suggest that we days of not resolving this problem will rules for generic drugs that give the ge- vote at 8:35. If there are no speakers on give them unlimited opportunities to neric drug industry an advantage pos- the other side, I would like to take the charge the highest price for their drug. sessed by no other industry in the remaining time. They will have unlimited protection United States or the industrialized Mr. BIDEN. If the Senator will yield, from any generic that wants to come world. These two statutes were devel- is it possible to consider—I guess it is to the market. Simply put, we are oped carefully to ensure that this coun- a leadership decision—starting the vote going to be depositing $720 million to try continues to lead the world in inno- at 8:25 and let the vote extend, so that the bank account of Glaxo, because by vative drugs and new therapies. those of us who are trying to get trans- next Christmas of 1996, which is just These are not issues to be treated portation out of the city on an 8:30 about 121⁄2 months from now, Glaxo will lightly. The proposed Pryor amend- train could make the train? I will not have made an extra $2.328 billion if we ment is not a technical amendment to insist on that, but if it is possible, that fail to close this loophole. the GATT law, though that’s how its would be nice—since no one else wants Madam President, I, as a U.S. Sen- been characterized. The GATT lan- to speak and we are worried about get- ator, am not a stockbroker. I will guage was carefully negotiated and ting people in here to vote. A couple of never advise anybody to buy any stock should not be amended without careful us want to get out of here. Is it possible or make investment because I have thought and consideration of the impli- to do that? never been very successful at that my- cations. Mr. SMITH. Did the Senator say 8:30? self. But if we extend this for 120 days, The Hatch-Waxman Act represents a Mr. BIDEN. I only need 7 minutes to or even another 30 days, without clos- careful balance between the interests make it to the train. ing this loophole, I suggest that we all of innovator manufacturers and ge- Mr. SMITH. That depends on whether go out in the morning and buy Glaxo neric drug companies. It has worked or not the Senator wants to miss the stock because they are going to con- well for more than 10 years and should vote. tinue receiving an enormous windfall not be amended lightly. Mr. BIDEN. No. that they had no idea they would re- The proposed amendment also would Mr. PRYOR. I think, more impor- ceive. have a direct and significant effect on tantly, is the Senator going to vote? Madam President, second, I ask patent rights, which fall squarely with- Mr. BIDEN. Yes. unanimous consent to add three addi- in the jurisdiction of the Judiciary Mr. SMITH. The Senator from Ar- tional original cosponsors: Senator Committee. The dramatic changes that kansas asked for how much time? BRYAN, Senator LEAHY, and Senator would result from the proposed amend- Mr. PRYOR. Here is what our policy DORGAN. ment would occur without the benefit committee has requested. We think it The PRESIDING OFFICER. Without of prior congressional consideration. is going to take at least 30 minutes to objection, it is so ordered. We should not rush to legislate in get our Members here. Therefore, I Mr. PRYOR. Next, Madam President, this area before we hold hearings and would like to respectfully suggest that there has been a discussion this give careful consideration to all of the we vote at 8:45 on the motion to table evening and quotes by my friend from proposed amendment’s potential rami- the second-degree amendment. Ohio, Senator DEWINE, and from Sen- fications. I urge my colleagues to sup- Mr. HATCH. If the Senator will yield, ator HATCH of Utah, about Dr. Koop. port holding a hearing on this issue be- can we protect a few minutes on this Well, Dr. Koop got drawn into this fore voting on a measure that could side? I understand Senator HELMS may issue in a very interesting way, and it send a very dangerous signal to our want to speak. I might want to say one appears to me, after talking to Dr. trading partners or two things. Koop some days ago, that Dr. Koop Mr. PRYOR. Madam President, I now Mr. PRYOR. If we can divide the may not have been aware of—or the ask for the yeas and nays on the sec- time equally, we can have 15 minutes Glaxo people may not have presented ond-degree amendment. and you could have 15 minutes. the true case to—Dr. Koop when they The PRESIDING OFFICER. Is there a Mr. HATCH. We may yield back sub- had him sign a particular advertise- sufficient second? sequent to that time if it helps our col- ment which appeared in The Hill news- There appears to be. The yeas and leagues. paper. It also appeared earlier in the nays are ordered. Mr. SMITH. I will propound a unani- Washington Post. This is the advertise- The yeas and nays were ordered. mous consent request. ment that Dr. Koop signed on October The PRESIDING OFFICER. Is there I ask unanimous consent that a vote 25, 1995. The advertisement appears to further debate? occur on or in relation to the Smith have been purchased by Dr. Koop to say Mr. PRYOR. Madam President, do I amendment at 8:45 and the time be- that ‘‘Senator PRYOR’s bill would have the floor at this time? tween now and 8:45 be equally divided weaken the patent protection needed The PRESIDING OFFICER. You have between the two sides. for the next generation of pharma- been recognized. The PRESIDING OFFICER. Is there ceuticals.’’ Mr. PRYOR. Madam President, I do objection? I called him up and I said, ‘‘Dr. Koop, not know where the time agreement Without objection, it is so ordered. I am probably your No. 1 fan in this stands. We have been negotiating dur- Mr. PRYOR. Madam President, I country. I have supported you, I have ing the course of the evening. I know think this has been a very educational revered you, and now you have signed Members of the Senate are at home for debate, to say the least. During the this advertisement in all these papers dinner and need at least 30 minutes no- course of the evening, it has been pro- saying that you are opposed to my tification. posed that we try to have a time cer- amendment.’’ He says, ‘‘What amend- I would like to say, and I think I can tain placed on the sense-of-the-Senate ment?’’ I said, ‘‘The amendment with speak for Senator CHAFEE, that we are resolution offered by the Senator from which we are trying to close this loop- reaching a point where we are ready to Ohio and others. It has further been hole.’’ He said, ‘‘I did not know that determine a time certain to vote. I proposed that if this issue goes before was what it was all about.’’

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18220 CONGRESSIONAL RECORD — SENATE December 7, 1995 Well, on December 3, a Journal of Mickey Kantor, said, ‘‘This provision Many believe this debate is prompted Commerce appeared about Dr. Koop. [the transition rules] were written neu- by the patent status of one drug, ‘‘In a brief interview, Dr. Koop said he trally because it was intended to apply Zantac. I do not know if that is true or did not know the details of the lob- to all types of patentable subject mat- not. It has certainly been a tremen- bying campaign by Glaxo-Wellcome ter, including pharmaceutical prod- dously successful drug which has lit- when he agreed to lend his name to ucts. Conforming amendments should erally helped millions of people and what was described to him as an effort have been made to the Federal Food, would not have been developed if the to preserve patent drugs from foreign Drug, and Cosmetic Act and section 271 logic of the other side had been adopted piracy.’’ In fact, the lobbying was an of the Patent Act, but were inadvert- years ago. effort by a British drug company to re- ently overlooked.’’ One of the facts that has been ob- tain an inadvertent million-dollar That is a direct statement, Madam scured in this debate is that, iron- loophole in last year’s trade bill at the President, from our trade Ambassador ically, this patent has never been ex- expense of generic drug companies. Dr. who negotiated the GATT Treaty and tended. Let me give the facts on this Koop said he was unaware that a gen- who is there to protect not only our drug. Keep in mind it takes up to 12 eral statement he had made on patent patent rights but also our intellectual years, between $359 million and a half rights would be used in the Glaxo cam- property rights. billion dollars to put a drug like paign. When asked by a reporter if he Madam President, I am going to re- Zantac through. had been done a disservice by Glaxo of- serve the balance of my time. I look Here are the facts: the patent appli- ficials, Dr. Koop responded, ‘‘I would forward to hearing additional state- cation for Zantac was submitted July have to say I was,’’ and expressed re- ments from my colleagues. 5, 1977. That patent was issued Decem- gret that he had ever been involved in Mr. SMITH. I yield whatever time ber 5, 1978 and an investigational new the fight over Glaxo’s loophole. the Senator from Utah consumes. drug application was filed with FDA on Mr. HATCH. I do not know why some Madam President, I have heard my December 3, 1979. On June 9, 1983, 31⁄2 very good friend from Utah talking on the other side said that Dr. Koop years after initial submission to FDA, about all of the research dollars that said he was sorry he was ever involved. more than 6 years after the patent ap- are being expended to find all of these Dr. Koop’s letter, dated November 30, plication was made, the drug was ap- cures for all of the problems and ail- makes it very clear he wants to be in- proved. ments and diseases that we have today. volved, that this is an important issue. Upon approval, this product only had I want to compliment the pharma- Here is the letter he wrote. an effective patent term of about 12.5 I know Dr. Koop as well, if not bet- ceutical companies for doing a wonder- years on the day that FDA approved ter, than anybody in this body. I was ful job. They are second to none in the this product. the one who, as ranking member on the world. Now, the concern that the regulatory But, Madam President, I do not think Labor and Human Resources Com- review period at FDA was eating sub- we need to shed any crocodile tears for mittee, fought for his nomination stantially into the patents of new the company Glaxo. One, it is the big- through a full 9 months, if my recollec- drugs was a major motivating force be- gest drug company in the world, and tion serves me correctly. I am very hind the Waxman-Hatch Act. when the Glaxo research was done on close to him. The Food, Drug and Cosmetic Act I did not ask Dr. Koop to write this Zantac alone, which was over two dec- specifies that the drug review period is letter. He voluntarily wrote the letter. ades ago—and they have had patent 180 days. But this, as in the case of Anybody who reads that letter and protection, no competition whatever Zantac, is virtually never met by the thinks there is an argument on the for a period of 17 years, no competition, FDA. In fact, to the contrary, it takes other side, just does not enjoy good Madam President—when that research years to get these drugs through, at a reason. Dr. Koop is extremely clear. I was done, not only was most of it done tremendous cost. think he probably would not appreciate by NIH and farmed out to universities Only because Zantac was approved being misrepresented. about a year earlier than the Hatch- throughout the educational system Now, with regard to congressional in- Waxman law was passed, it was not eli- across the land, but taxpayers’ dollars tent, the Federal Circuit Court of Ap- gible for the patent term extension helped dramatically in finding the re- peals backs my position. It says: search and the answers that this par- part of the bill. The parties have not pointed to and we In other words, it was an unfortunate ticular drug/pharmaceutical was in- have not discovered any legislative history tended to cure. on the intent of Congress at the time of pas- fact that it did not benefit from the Let’s don’t shed too many crocodile sage of the URAA regarding the interplay be- Hatch-Waxman bill. Had Zantac been tears when we are talking about re- tween the URAA and the Hatch-Waxman approved after Hatch-Waxman was en- search. First, Glaxo is probably much Act. Therefore, we limit our inquiry to the acted, it could have been qualified for like the other drug companies. They actual wording of the statute. patent extensions that this law calls are spending more today to market and That is a Federal Circuit Court of for and provides. advertise their drugs than they are to Appeals, the court that has the exper- So, Zantac, a loser under Hatch-Wax- research the new—as they say, block- tise to decide these issues. I do not man because it could not qualify for buster—drug breakthroughs. They are think anybody can doubt for a minute the patent extensions that have been spending more now for marketing than that the arguments I have made do not routinely granted as a matter of con- they are for research. have legal backing, legislative backing, gressional policy since 1984, is now Let’s look at Glaxo itself, and at the and good, commonsense backing, be- under sharp criticism for trying to pretax profits for the last 12 months: cause they do. take advantage of the same benefit $3.3 billion—not millions of dollars, but Recently, a Federal district court, as that millions of patent holders were ac- $3.3 billion. And much of this came I mentioned before, reviewed the rel- corded under GATT. from the best-selling drug in the world evant provisions of law and concluded, Not only is this ironic, it does not today, Zantac, which, unless we close ‘‘This was no more a windfall to the’’— strike me as fair, that a product with this loophole, we are going to provide and he names the pioneer firms which only 12.5 years of effective patent life, further protection from competition. include Glaxo—‘‘then the windfall that which expected to have 17 years upon Madam President, we have also heard benefited many patent holders when FDA approval, is being castigated as a lot of discussion about patent rights the 17-year term of patents was ex- somehow ‘‘unfairly’’ manipulating the and intellectual property rights. Let tended to 20 years.’’ No more of a wind- patent system. me once again refer, as I have in the fall now than that was then. Even under the GATT transition past and as Senator CHAFEE has, to a I might add that it is not a windfall rules, Zantac will receive much less letter that I received, or actually Sen- because, in all honesty, the generic than the 17-year patent life that it was ator CHAFEE received. drugs will benefit greatly and have supposed to receive. I think I received an identical letter, benefited greatly from the pioneer Yet, here we face suggestions that it dated September 25, in which our U.S. companies’ development of these is greedy for a patent holder to want to Trade Representative, Ambassador blockbuster drugs like Zantac. take full advantage of its patent.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18221 The proponents of the amendments longer than the so-called average patent to The PRESIDING OFFICER. The Sen- are circulating talking points that issue. ator has 5 minutes 43 seconds. state: She concludes: Mr. PRYOR. Thank you, Madam But the Waxman-Hatch amendments did a Finally, no one should be led to believe the President. second thing: They gave brand companies a 20-year-from-filing rule will lengthen effec- Madam President, this debate is com- 5-year patent extension. In other words, tive patent life. Most of the time, for high ing to conclusion at long last. We are Glaxo can receive up to 25 years of patent technology patents, it will shorten the life about to make a tentative decision on protection under current law. And now this and, more importantly, will shorten the re- company receives the GATT patent protec- maining life of patent protection after the this matter. tion as well. It is trying to block the generic long development period is finally over and Let me say to my colleagues, Madam competition Congress calls for in the GATT products are on the market. President, that somehow or another, treaty. The fact is this. Zantac has never had sooner or later, we have to correct this Now, let us just be honest about it. a patent extension until the GATT problem. We have to close this loop- That information has been sent out transition rules, because it did not—it hole. If we fail to table the second-de- to people here in Congress as though it simply did not—qualify under the gree amendment, sometime or another were true. Hatch-Waxman statute. I am going to be back. I want my col- In fact, the statement is misleading So, to indicate that it is going to leagues to know that this is not the in several ways. reap the benefits of some sort of wind- last they will hear of this amendment First, let us be clear that Zantac, as fall is not only a misrepresentation, and this issue, because I think it is so a pre-Hatch-Waxman product, did not but it ignores several significant facts. absolutely atrocious that this could qualify for any of the benefits of It ignores all of the research costs happen, is happening, and that we have Hatch-Waxman. which go into the pharmaceuticals we yet not closed this loophole. Like Mac- Second, to suggest that a company use. It ignores all of the incentives for Arthur, Madam President, I shall re- can receive up to 25 years of patent research which must be a part of our turn. protection under current law is not intellectual property laws. It ignores This has been a fascinating debate. It only misleading, it is false. all of the balancing we did in the 1984 has lasted 21⁄2 hours, about as long as a It would seem to me that the normal law in order to accommodate the inter- typical Senate hearing would last. And patent term will have to be a period of ests of these two great industries. now, at the end, we see the facts have something less than 20 years, unless At the same time, it attacks our not changed. They have not changed at you make the unlikely assumption international agreements for which we all. Those facts are as follows: the Con- that the Patent Office approves the fought so hard for decades, as reflected gress made a mistake and we have a patent on the day the application is in the GATT agreement and Uruguay very rare opportunity to correct that submitted. Round agreement. It does this in a way mistake. Also, since Hatch-Waxman time is that sends a signal to all those coun- Let us look now at who is on the side only calculated after a patent issues, I tries that do not believe in patents or who thinks that we made a mistake do not see how you can ever reach 25 have difficulties with our position on and who believes that we should rectify years, even hypothetically. patents that they do not have to honor that mistake. I would welcome an explanation of it. It shows that the United States is First, our U.S. Trade Representative, this 25-year period. I think every pat- not serious about this agreement ei- Mickey Kantor, said that Congress ent lawyer in the country would be just ther. made a mistake, that it was never in- fascinated with it, if it could be given. The fact of the matter is this: There tended that these drug companies It is also the case that many believe are winners, there are losers in the would be given this extra amount of the biotechnology patents are among Hatch-Waxman Act. There are winners unearned protection to market without those that might actually routinely and there are losers in GATT, and ev- any competition. The Food and Drug lose time under the new 20-year-from- erybody knew it. Administration said the Congress made time-of-filing rule established by Now we have one industry that has a mistake. FDA tried to rectify the sit- GATT. been given special privileges, privileges uation but they failed, and it is too bad This is because these products often that I personally have helped them to that they did. Our U.S. Patent Office present difficult, novel issues of pat- get, coming in and saying we want said that a mistake has been made by entability. implication, and their decision was I cite with particularity that joint more special privileges and we want to taken to court. Because of the tech- hearing between the two intellectual amend the very act that benefited nical aspects of the language, the Pat- property committees of the House and them and created their industry. ent Office was overruled. Senate, where Lita Nelsen, Director of Frankly, I do not think that what If we review the CONGRESSIONAL the Technology Licensing Office of the specific company benefits and what RECORD we will find that at no time Massachusetts Institute of Technology, company does not should be our focus during the debate on the issue of the said: here. Our focus should be on the right thing to do, which is to uphold GATT GATT Treaty, leading to the adoption The 20-year-from-filing change proposed in of the GATT Treaty, at no place do we the current bill runs the risk of substan- and vote down the Pryor amendment. tially reducing the patent protection avail- I reserve the remainder of our time. find reference to this issue by anyone— able for companies investing in university The PRESIDING OFFICER. Who not by any of the drafters or the debat- technology. yields time? ers, nor by those opposed to or in favor She goes on to say: Mr. SMITH. Madam President, I sug- of that treaty. At no time did anyone Any shortening of patent life most seri- gest the absence of a quorum. even hint that we were going to carve ously impacts the most forward-thinking The PRESIDING OFFICER. The time out a special exception for a few drug technologies, which are the very types of of the quorum would be charged to companies in order to give them extra technologies which universities should spe- both sides equally? Without objection, monopolistic opportunities to compete cialize in and which we believe will most it is so ordered. unfairly in the marketplace, and to benefit the country’s future technical and The clerk will call the roll. keep generic drugs from competing. economic development. The legislative clerk proceeded to The State Medicaid directors, Madam The 20-year-from-initial-filing rule cur- rently being proposed offers a significant call the roll. President, have written in support of danger of shortening the time available for Mr. PRYOR. Madam President, I ask our efforts. They say that unless we patent protection and therefore may have a unanimous consent that the order for correct this loophole, the Medicaid pro- detrimental effect on development of univer- the quorum call be rescinded. grams in each of the 50 States are sity technologies. The PRESIDING OFFICER. Without going to continue to suffer and pay the She also goes on to say: objection, it is so ordered. highest price for these particular Also, leading-edge technology patents, Mr. PRYOR. Madam President, may I drugs, especially Zantac, and will be such as those in biotechnology, software and inquire as to how many minutes I have kept from buying generic drugs for the microelectronics usually take significantly left? poorest of the poor population.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18222 CONGRESSIONAL RECORD — SENATE December 7, 1995 The elderly, the consumers—none We will hold hearings on this issue Gregg Lautenberg Shelby will benefit from the efforts of the ge- before the end of 120 days. I will com- Harkin Lieberman Smith Hatch Lott Specter neric drug companies to reduce the mit to that as chairman of the Judici- Helms Mack Stevens cost of drugs like Zantac by as much as ary Committee, and I do not think any- Hollings McConnell Thomas 50 percent or 60 percent. Yet, we may body doubts in this body that I will not Hutchison Moseley-Braun Thompson Inhofe Murkowski be about to vote and say that we are live up to that commitment, because I Thurmond Johnston Nickles Warner going to continue to give these enor- will. Kempthorne Pell mous profits, these windfall profits, to I think that is the way we should Kyl Santorum a few pharmaceutical companies, and handle it and I hope my colleagues will ANSWERED ‘‘PRESENT’’—1 to take those profits, to give them vote against the motion to table. Simpson those profits at the expense of taking Mr. SMITH. Madam President, is NOT VOTING—1 those dollars from the consumer and there any time remaining? Moynihan the taxpayers of America. The PRESIDING OFFICER. There This amendment that we are about are 29 seconds. So the motion to lay on the table the to vote on is very simple. It is an at- Mr. SMITH. Madam President, let me amendment (No. 3088) was rejected. tempt to kill our desire to close this just say that no matter what the pros AMENDMENT NO. 3082 WITHDRAWN loophole. That is what it is. and cons are of this amendment it is ir- Mr. PRYOR. Mr. President, if I may I respect my colleagues who offer it. relevant to the issue at hand. Regard- have just a few seconds, I know this I realize that some may believe that less of how you feel about GATT or the was a very hard vote, a very close vote. this particular issue is complex. But I patent protections, let us not load this I want to compliment those on the op- must say, as my colleagues have said, historic bill up with this controversial posing side. They made a very, very that this is, in fact, a very simple unrelated amendment. strong argument, and they prevailed issue. We have made a mistake. And I urge my colleagues to vote ‘‘no’’ on this evening. But I will make it pos- now it is time to rectify it. the motion to table. sible for the Senate to revisit this issue Madam President, I have frequently Mr. PRYOR. Madam President, I ask in the very, very near future, Mr. used the following analogy: You are unanimous consent that Senator President. I want to thank those who walking down the street on the side- DASCHLE, Senator LEAHY, Senator supported us, and at this time I with- walk, or wherever, and find a billfold, BRYAN, and Senator FEINSTEIN be added draw my amendment. and you open that billfold up. And as original cosponsors of my amend- AMENDMENT NO. 3085 there is a $100 bill in there, and there is ment. The PRESIDING OFFICER (Mr. also the name of the owner. Do you The PRESIDING OFFICER. Without SANTORUM). The question recurs on the take that billfold and the $100 to the objection, it is so ordered. Brown amendment No. 3085. owner? Do you try to find the lawful Mr. PRYOR. Madam President, I Mr. BROWN. Mr. President, may we and rightful owner of that billfold that move to table the pending amendment, have order. contains the $100, or, do you put it in the second-degree amendment, and I The PRESIDING OFFICER. The Sen- your pocket? ask for the yeas and nays. ate will please come to order. Mr. SMITH. Will the Senator yield In this case, these drug companies The PRESIDING OFFICER. Is there a for a unanimous-consent request? have found a billfold. It has a lot of sufficient second? Mr. BROWN. Yes. money in it. Rather than returning it There is a sufficient second. UNANIMOUS-CONSENT AGREEMENT to the rightful owner—the taxpayer The yeas and nays were ordered. Mr. SMITH. Mr. President, I have a and the consumer, in this case—Madam The PRESIDING OFFICER. The unanimous-consent request here, and I President, they are taking that bill- question is on agreeing to the motion think Members will be interested in fold, they are taking the money, and of the Senator from Arkansas to lay on they are putting it right in their pock- hearing it. the table the amendment of the Sen- Mr. President, I ask unanimous con- et. ator from Ohio. On this question, the I urge the defeat of the second-degree sent that following the disposition of yeas and nays have been ordered, and amendment. the Pryor amendment, the following be the clerk will call the roll. Mr. HATCH. Madam President, if we the only amendments remaining in The bill clerk called the roll. want a cure for Alzheimer’s, or for order and limited to the following time Mr. SIMPSON (when his name was AIDS, or for so many other dreaded restraints: The Brown amendment No. called). Present. diseases, we had better not undercut 3085, 5 minutes equally divided; a Fein- the patent process. Mr. FORD. I announce that the Sen- stein amendment, supporting current We had better not undercut the ator from New York [Mr. MOYNIHAN] is law, 35 minutes, 20 minutes under the necessarily absent. GATT process. control of Senator FEINSTEIN, 15 min- If we want free and fair trade The result was announced—yeas 48, utes under the control of Senator throughout this world, we had better nays 49, as follows: SMITH; a Brown limiting liability make sure that we do not undercut [Rollcall Vote No. 594 Leg.] amendment, 15 minutes equally di- something we fought to obtain for so YEAS—48 vided; a Smith affirmative defense many years. Akaka Exon Levin amendment, 5 minutes equally divided. If we want to keep America’s medical Baucus Feingold Lugar I further ask that the votes be research base premier among world na- Bingaman Feinstein McCain stacked to occur on or in relation to Bond Ford Mikulski tions, and continue to bring forth Boxer Glenn Murray the above-listed amendments at the promising technologies which help our Bradley Graham Nunn conclusion or yielding back of all time, senior citizens and so many others, Breaux Hatfield Pressler and that prior to the votes, there be 4 Brown Heflin Pryor this body should vote down the Pryor Bryan Inouye Reid minutes equally divided for closing re- amendment. Bumpers Jeffords Robb marks on the bill, with the votes oc- It would send our world trading part- Byrd Kassebaum Rockefeller curring in the order in which they were ners the wrong message, and in the end Chafee Kennedy Roth debated, and following disposition of Cohen Kerrey Sarbanes put a huge dent in what is already a Conrad Kerry Simon the amendments, the bill be advanced well-functioning system that benefits Daschle Kohl Snowe to third reading, and final passage both the research company and the ge- Dorgan Leahy Wellstone occur, all without further action or de- neric companies in a fair way. NAYS—49 bate. That is what is involved here. Abraham Cochran Domenici The PRESIDING OFFICER. Without Let me just say one other thing. Ashcroft Coverdell Faircloth objection, it is so ordered. I commit here and now that we will Bennett Craig Frist Mr. SMITH. Mr. President, to recap hold hearings on this should the Biden D’Amato Gorton for all Members, we expect two addi- Burns DeWine Gramm amendment of the Senators from New Campbell Dodd Grams tional votes to occur within the next 40 Hampshire and Ohio pass. Coats Dole Grassley minutes. That is the essence of it.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18223 AMENDMENT NO. 3085 ‘‘(2) As used in this section, the term ‘phy- Although I believe the underlying Mr. BROWN. Mr. President, the bill sician’ means a doctor of medicine or osteop- bill is leading us down a terrible path as it is now drafted creates a new cause athy legally authorized to practice medicine where we are going to haul doctors into of action and allows a variety of par- and surgery by the State in which the doctor performs such activity, or any other indi- prison for saving a woman’s life, I cer- ties to bring suit against those who vidual legally authorized by the State to per- tainly believe what the Senator is have been involved in the restricted form abortions. Provided, however, That any doing to at least narrow it to the doc- prohibited abortion practice. individual who is not a physician or not oth- tor is something we should support. Among those allowed to bring suit is erwise legally authorized by the State to I will be supporting his amendment. I the father. Unfortunately, the bill does perform abortions, but who nevertheless di- yield the floor. not now restrict which father can bring rectly performs a partial-birth abortion, Mr. SMITH. We have no objection to suit. Literally, someone who is the fa- shall be subject to the provisions of this sec- the Brown amendment. tion. ther of the fetus but has not acknowl- The PRESIDING OFFICER. If there edged the child, has not married the Mr. BROWN. Mr. President, this par- is no further debate on the amendment, woman, and has not supported the ticular amendment was allowed 15 min- the Chair would advise the Senator the child in any way or any process can utes equally divided. I do not intend to yeas and nays have been ordered. bring legal action and get a bonanza by take a significant amount of time with Mr. BROWN. Mr. President, I ask suing the physician. it. I do want to make it clear to the unanimous consent to vitiate the re- In my mind, to provide a financial Members what is involved. quest for the yeas and nays. The current bill makes liable or po- benefit to someone who has fathered a The PRESIDING OFFICER. Without tentially liable not only for the attend- child and not acknowledged it nor mar- objection, it is so ordered. ing physician in this case but also, in ried the woman is a mistake. I don’t The question is on agreeing to the reading the language of the bill, the think we ought to be about providing a amendment. hospital where the procedure took The amendment (No. 3090) was agreed new avenue of financial reward for a place. Both could be subject to civil to. man who does not live up to his respon- and criminal actions. Also included Mr. SMITH. I move to reconsider the sibilities. could be the nurses, as well other peo- vote. The amendment is very simple. It re- ple called in to help with other medical Mrs. BOXER. I move to lay it on the stricts the fathers who can bring legal procedures that may stem from the table. actions in this case to ones who have abortion procedure. In my mind, to The motion to lay on the table was married the mother. have hospital administrators, to have agreed to. Mr. President, I think it is a pretty hospital trustees, to have hospitals AMENDMENT NO. 3091 straightforward amendment. I yield themselves, to have nurses, to have (Purpose: To strike the affirmative defense) the floor. I believe this has been other medical personnel who may be Mr. SMITH. Mr. President, I say to cleared on both sides. I think a voice called in to assist if something goes the Senator from California who is vote may well be appropriate. wrong, subject to possible prosecution waiting to go on her amendment, brief- Mr. SMITH. The Senator from Colo- ly I will do the affirmative defense rado is correct. As far as I know, there and civil liability is a great mistake. This amendment limits the liability, amendment and then be ready for her is no objection on this side, and I do amendment. not believe there are any objections on and limits the people who can have ac- tions brought against them to the phy- I send an amendment to the desk and the other side. ask for its immediate consideration. Mrs. BOXER. Mr. President, that is sician or to someone who takes the place of the physician such as the per- The PRESIDING OFFICER. The right. I applaud the Senator for this clerk will report. amendment. son who directs the abortion procedure. Specifically, we are trying to get at The assistant legislative clerk read The PRESIDING OFFICER. The the person who performs the abortion as follows: question is on agreeing to the amend- itself. The whole purpose of this is to The Senator from New Hampshire [Mr. ment. make sure that nurses and other at- SMITH] proposes an amendment numbered The amendment (No. 3085) was agreed tending personnel who are not the deci- 3091. to. sionmakers here are not subject to Mr. SMITH. I ask unanimous consent Mr. BROWN. I move to reconsider the civil and criminal liability. reading of the amendment be dispensed vote. Mr. President, I believe the amend- with. Mr. SMITH. I move to table the mo- ment is fairly clear. I believe it is The PRESIDING OFFICER. Without tion. cleared on both sides. My hope is at the objection, it is so ordered. The motion to lay on the table was appropriate time we could have a roll- The amendment is as follows: agreed to. call vote on it. On page 3, strike lines 8 through and in- AMENDMENT NO. 3090 I ask for the yeas and nays. cluding 16. (Purpose: To limit liability under this act to The PRESIDING OFFICER. Is there a Mr. SMITH. Mr. President, in view of the physician performing the procedure in- sufficient second? the fact that the Senate adopted the volved) There is a sufficient second. life-of-the-mother exception amend- Mr. BROWN. Mr. President, I rise to The yeas and nays were ordered. ment, the affirmative defense section offer an amendment and ask for its im- Mr. BROWN. I yield the floor. of the bill is no longer necessary and I mediate consideration Mrs. BOXER. Mr. President, I want had agreed that we would remove that The PRESIDING OFFICER. The to say to my friend from Colorado I in- provision, providing the life-of-the- clerk will report. tend to support his amendment. mother exception prevailed. The assistant legislative clerk read I believe it is tragic that we are Since it did prevail, this amendment as follows: about to criminalize a medical proce- would strike the entire subsection E of The Senator from Colorado [Mr. BROWN] dure which many doctors say is nec- the bill which talks about the affirma- proposes an amendment numbered 3090. essary to save the life of a woman or to tive defense to a prosecution or a civil Mr. BROWN. Mr. President, I ask protect her from serious adverse health action. unanimous consent that reading of the consequences. I think it is tragic we So, it is my understanding that the amendment be dispensed with. are going to put doctors through this Senator from California agrees with The PRESIDING OFFICER. Without Kafkaesque expense of winding up in this amendment, so unless the Senator objection, it is so ordered. prison for saving the life of a woman. wishes to speak, I urge its adoption. However, what the Senator from Col- The amendment is as follows: The PRESIDING OFFICER. The orado is pointing out to us, as cur- question is on agreeing to the amend- On page 2, line 6, strike ‘‘Whoever’’ and in- rently written, we might wind up put- sert ‘‘Any physician who’’. ment. On page 2, line 10 strike ‘‘As’’ and insert ting other people in jail—other people The amendment (No. 3091) was agreed ‘‘(1) As’’. associated with the hospital, other peo- to. On page 2, between lines 13 and 14, insert ple who clearly should stay clear of Mr. SMITH. I move to reconsider the the following: this. vote.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18224 CONGRESSIONAL RECORD — SENATE December 7, 1995 Mrs. BOXER. I move to lay it on the does not appear in medical literature, a sist practitioner and patient decisions table. procedure that is worded vaguely. about appropriate health care for a spe- The motion to lay on the table was All I ask is that the Members of this cific clinical circumstances.’’ They are agreed to. body read the actual legislation. Many guidelines—guidance—not enforceable AMENDMENT NO. 3092 Members who have spoken in favor of rules. There are over 24,000 developed (Purpose: To provide for a substitute the legislation point to the use of scis- by over 75 organizations. amendment) sors, the cutting of tissue, the draining Medical practice guidelines are de- Mrs. FEINSTEIN. Mr. President, I of fluid from the brain. Nowhere does signed to improve patient outcomes. send an amendment to the desk for the legislation itself specifically refer They help medical practitioners and Senator SIMPSON and myself and ask to that kind of procedure. In its very patients make decisions about preven- for its immediate consideration. vagueness, it affects more than one tion, diagnosis and treatment of spe- The PRESIDING OFFICER. The procedure and it can affect more than cific clinical conditions. For example, clerk will report. postviability abortions. guidelines have been developed for the The assistant legislative clerk read So, my point is twofold. One, that treatment of benign prostatic as follows: this body is not the appropriate place hyperplasia, pressure ulcers, and The Senator from California [Mrs. FEIN- to be making medical decisions and stroke rehabilitation. STEIN], for herself, Mr. SIMPSON, Mrs. BOXER, that, two, under current Federal law, Developing practice guidelines is a Mr. SIMON, and Ms. MOSELEY-BRAUN, pro- States can choose to regulate, restrict, complicated process. To develop a poses an amendment numbered 3092. or prohibit postviability abortions as guideline, panels of experts are con- Strike out all after the enacting clause and 41 do now. vened. They review all available lit- insert in lieu thereof the following: When physicians make a decision to erature, all available evidence of pa- SECTION 1. SENSE OF THE SENATE. use a particular treatment, they very tient outcomes, a review that can take (a) FINDINGS.—The Senate finds that— thoroughly evaluate a number of fac- (1) the United States has the most ad- up to 9 months. They are subjected to vanced medical training programs in the tors: evidence from scientific lit- peer review for scientific validity and world; erature, the risks and benefits for the pilot testing. Development of one (2) medical decisions should be made by patient—for example, possible side ef- guideline can take from 11⁄2 to 31⁄2 trained medical personnel in consultation fects—future health, quality of life, the years. with their patients based on the best medical efficacy of the treatment—what the The point here is that there is an or- science available; outcome will be—the safety of the derly, scientific, deliberative, profes- (3) it is the role of professional medical so- treatment, the patient’s preferences. sional, and balanced approach for mak- cieties to develop medical practice guide- lines and it is the role of medical education These are often complicated decisions, ing medical decisions. It is com- centers to provide instruction on medical representing a systematic strategy de- plicated. It is based on the patient’s procedures; veloping from multiple decisional best interest. (4) the Federal Government should not su- building blocks. Medical decision- Medical decisionmaking is not and persede the medical judgment of trained making is not simple and these are not should not be a legislative or political medical professionals or limit the judgment decisions we should or can make. process. of medical professionals in determining We should also understand that med- UNPRECEDENTED medically appropriate procedures; ical decisionmaking is individualized. (5) the Federal criminal code is an inappro- Congress has legislated medical bene- priate and dangerous means by which to reg- Every case is different. Every human fits, reimbursement policies, quality ulate specific and highly technical medical body is different. Every patient brings standards, training requirements. But procedures; and a unique medical history into the doc- Congress has never banned or (6) the laws of 41 States currently restrict tor’s office. Physicians have to evalu- criminalized a specific medical proce- post-viability abortions. ate every situation as it presents itself dure. This is the first time Congress (b) SENSE OF SENATE.—It is the sense of the and often at the last minute. has tried to outlaw a medical proce- Senate that Congress should not criminalize The risks of a particular procedure a specific medical procedure. dure. depend, often, on the patient. For ex- My amendment is quite simple. It SEC. 2. RULE OF CONSTRUCTION. ample, a hip replacement that restores says, in essence, that Congress should Nothing in Federal law shall be construed function in one patient can be life- to prohibit the States, local governments, not be making medical decisions and local health departments, medical societies, threatening to another, for example, to that States can regulate post-viability or hospital ethical boards from regulating, one who has heart disease. Medical abortions. restricting, or prohibiting post-viability science and treatments are constantly I can go on, but in the interest of abortions to the extent permitted by the evolving. Medicine is becoming in- time, and giving my cosponsors the op- Constitution of the United States. creasingly specialized. Technology is portunity to speak, I want to just say The PRESIDING OFFICER. The Sen- advancing. Today’s standard of prac- one other thing. I have followed this ator from California is recognized for tice can be out of date in 5 years. The debate very carefully. I want particu- 20 minutes. The Senator from New human body will always have some de- larly to commend my friend and col- Hampshire is recognized for 15 minutes. gree of mystery, as science stretches to league, the junior Senator from Cali- Mrs. FEINSTEIN. Mr. President, I understand how the body works and fornia. I think she has been quite elo- want to make clear that this amend- does not work. Congress cannot keep quent in defining what this procedure ment is presented as a substitute. up with these changes. That is not our is, and what this procedure is not, the I am pleased it was read because it job. enormous vagueness of the bill and the makes clear the following: First, that Mr. President, physicians go to col- human tragedies involved. it is the sense of the Senate that Con- lege for 4 years, to medical school for 4 Post-viability abortions can be gress should not criminalize a medical years, to residency training for 3 to 6 banned by every State and 41 have cho- procedure. years. In some States, to keep their li- sen to do so. This legislation is not Second, that nothing in Federal law censes current, they are required to un- necessary. This legislation puts the should be construed to prohibit the dergo continuing education annually. Congress in the position of deciding States, local governments, local health They get extensive training. Medical medical procedures, and I do not be- departments, medical societies, or hos- decisionmaking, I believe, is a job for lieve we can or should do this. This pital ethical boards from regulating, trained physicians. substitute amendment clearly states restricting, or prohibiting postviability AN EXAMPLE OF DECISIONMAKING: MEDICAL what I believe is right. abortions to the extent permitted by PRACTICE GUIDELINES Mr. President, I yield 10 minutes to the U.S. Constitution. For almost 60 years, the medical pro- the Senator from Wyoming. The U.S. Congress is not the appro- fession in this country has been devel- The PRESIDING OFFICER. The Sen- priate place to be making decisions oping medical practice guidelines. Ac- ator from Wyoming is recognized for 10 about medical procedures, whatever cording to the Institute of Medicine, minutes. they are. The bill before us would crim- clinical practice guidelines are ‘‘sys- Mr. SIMPSON. Mr. President, I rise inalize one procedure, a procedure that tematically developed statement to as- in support of the Feinstein substitute

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18225 which is a reiteration of current law. My respect for this very real facet of say, I do not have to take that guff Under the substitute, nothing in Fed- the human condition has led me to the from you. So I have been there. eral law shall be construed to prohibit conclusion that abortion presents a In my fine State of Wyoming—and I the States, local governments, local deeply personal decision for any am going to conclude my remarks health departments, and medical soci- woman—decisions which should not within my limit—listen to what we eties from regulating, restricting, or and realistically could not be pre- have to do in this. It should not be par- prohibiting post-viability abortions to scribed or directed through the legisla- tisan. And in our State, the Wyoming the extent permitted by the Constitu- tive process in any way. Republican Party passed a platform tion. Let me say it again, this is cur- We in the Senate should never be plank in 1994 at its State convention rent law and this substitute explicitly criminalizing a specific medical proce- that said this: ‘‘The Wyoming Repub- states what the law of the land is. dure. That is what the substitute lican Party welcomes individuals on Under Roe versus Wade, States may states. each side of the abortion issue, encour- proscribe post-viable abortions except So here we are overstepping court ages their open discussion, solicits when it is necessary to preserve the life cases. There is a strong absence of Gov- their active participation in the party, or health of the mother—41 States cur- ernment interest in this legislation. It and respects their positions and be- rently regulate post-viable abortions. is not here. It purports to prohibit liefs.’’ We do not need H.R. 1833 because we al- abortions using a particular procedure, Then, do you know what we did? We ready have current laws which address and then says abortions will be per- did a resolution because we had a No- the central issue of the pending legisla- formed only in a particular manner. vember resolution on the ballot which tion. There is no reasonable Government in- was soundly rejected. Here is what it I have been pro-choice throughout terest served by forcing a patient to said: ‘‘The Republican Party believes my entire public life, never wavered, undergo one type of abortion instead of that Republicans are people of prin- never waited to take a poll, ever since another, especially if the prohibited ciple on each side of the abortion issue that first wrenching debate in the Wyo- procedure is safer for the health of the who firmly and intractably hold their ming State Legislature because our woman. beliefs; by establishing a party posi- law was the same as Missouri’s, which We in this Congress should not be tion, we recognize that a resolution was struck down by Roe versus Wade. legislating in this area. This is over- will never change these beliefs, but it And so we had to change it, and we did, reaching in every sense. Under this will serve to divide the party on other and I shall never forget the debate. bill, it would remain legal. Get this— Abortion is such a deeply personal and, issues, and we urge all Republicans to somebody has to really explain this to to some, a spiritual issue. It is not one firmly debate these beliefs.’’ That passed unanimously by voice that belongs in the public domain. me. It would remain legal for a woman vote. We ought to do more of that in That is my view. It is not one that to obtain this procedure only if she did should be in a legislative body, to me, not cross State lines. This seems to me America. And men, in my mind, should as a man—not a legislator, but a man, too clever by half. I thought this was never be in this intensely intimate per- I cannot presume to limit the options the most horrendous, searing, mur- sonal struggle for a woman. I urge my colleagues to vote in favor of any woman who is anguishing over a derous, vicious procedure that we have of the substitute. crisis pregnancy. That is what I have seen in modern times, and yet you are Mr. JEFFORDS. Mr. President, I rise always believed, and what I have al- going to be able to do it in your own today in support of the amendment ex- ways tried to state so clearly. And as a backyard, in your own State. That is pressing the sense of the Senate that man, I do not think a man should even absurd. the Congress should not criminalize a vote on this issue. That is how I feel Now we have a new Federal court specific medical procedure, and that about this. case, the Lopez decision. That is how I do not advocate or promote abor- they got clever by half on this one. the States should not be prohibited tion. It is obviously one of the most This bill also uses a term I have from regulating or restricting difficult choices or options that any never before seen in the statute, and I postviability abortions to the extent woman should ever, ever make. I really have been doing this for 30 years. Any- that the Constitution permits them to do not know many folks who advocate one who knowingly performs a partial- do so. I also want to state again my or promote abortion, nor does anybody birth abortion ‘‘and thereby kills a firm belief in the wisdom of the Su- else in this land. That is not what peo- human fetus.’’ That is what it says. preme Court decision Roe versus Wade, ple do—promote abortion. It is an al- ‘‘Abortion is thereby killing.’’ On line which held that under the constitu- ternative. It is an option. It is obvi- 15 of the bill, the language reads, ‘‘par- tional right to privacy, a woman has a ously one of the most difficult choices tially vaginally delivers a living fetus right of self-determination with regard or options that any man or women— before killing the fetus.’’ I have never to her pregnancy and reproductive sometimes men must make—buy prin- seen that in my life in a statute. Where health. cipally the woman. I have always sup- did it come from? It is a manifestation In November I spoke in support of re- ported alternatives to abortion—and of a manipulative group trying to des- ferring this bill to the Judiciary Com- think it is so very important to assure perately knock off Roe v. Wade. That is mittee for a hearing, and I’d like to a pregnant woman that there are many what it is. It is exceptionally unclear thank my colleagues for joining me to alternatives to abortion and that there about the precise nature of the proce- support the passage of that motion. I are many fine support systems avail- dure. Six doctors testified they never think we learned a great deal from the able for those who may choose any of heard of the procedure before. hearing. One of the things that struck the alternatives. And yes, yes, absti- I sat and listened to that. I have seen me was that the term ‘‘partial birth’’ is nence is still the best, and Who would all of the pictures before. We are going not a term that is clearly defined in disagree with that? But that is not to have all of them—one-eyed children, the medical profession. This bill pur- what we are talking about. brains on the outside, compressed ports to be a very narrow measure that And I respect and am acutely con- skulls. I have seen it all. I have seen outlaws only one alternative to a scious of the fact that many persons the whole works, always with the eter- woman who learns late in her preg- who grapple with the issue of abortion nal difficulty of imposing restrictions nancy that it is not possible for her to do so from very different moral or reli- on a decision which must be made from carry her child to term. But we’ve gious or philosophical differences, and one’s only very unique position, and learned that there is not a medical pro- I do not spend any part of my life try- principally by a woman, from one’s cedure known as a partial birth abor- ing to inflict—and that is the word I own culture, one’s own history, and tion. I suppose you can argue that want to use—inflict my personal views one’s own deep personal and spiritual those of us on this side of the issue on others. I see that happening here. viewpoint. shouldn’t have a problem criminalizing Not with the Senator from New Hamp- All through the years I have had the a procedure that doesn’t really exist. shire, a lovely friend, but from others, accolades sometimes of being called a My response to that argument is pre- especially in the hallways, who do it baby killer. I really do not appreciate dictable: why bother to criminalize a with steely-eyed zealotry that I tire of. that. I handle it very well now. I just procedure that doesn’t really exist?

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18226 CONGRESSIONAL RECORD — SENATE December 7, 1995 Moreover, rules of statutory interpre- pregnancy and reproductive health are Senate, and he is not an OB-GYN. Are tation will demand that the courts find concerned—especially, the Court said, we qualified to make a medical judg- some meaning in this law, because Con- ‘‘when her right to life is threatened.’’ ment—a medical recommendation— gress is assumed to do nothing in vain. The bill we are now considering is a di- that could leave a woman sterile, or se- Somehow, the courts will have to put rect challenge to that historic deci- verely ill, or, worse yet, dead? I think some definition on the term ‘‘partial sion’s protection of a woman’s life and not. birth abortion,’’ even though a clear health. Concern about a woman’s life I know, frankly, that if I were ill, or understanding of what we’re outlawing has been abandoned in the partial birth the Presiding Officer were ill, his fam- has eluded many of us. abortion legislation we’ve been dis- ily would take him to a doctor, not to I’d like to quote briefly Dr. J. cussing, but Roe versus Wade requires another Senator, unless, of course, that Courtland Robinson, who spoke at the that even where a state chooses to out- Senator was a doctor, and there is only hearing a couple of weeks ago and law post-viability abortions, it may one of those. highlighted this point: not under any circumstances outlaw The fact of the matter is that this is I have to wonder what you are really try- abortions necessary to preserve the life a medical decision, and the decision ing to ban with this legislation. It sounds as or health of the mother. here that a woman makes regarding if you are trying to leave any later abortions I will say again that I believe doctors her pregnancy should be made with her open to question. must be able to put the welfare of their family in consultation with her doctor Dr. Robinson continues: patients first. Doctors should be able and, of course, her faith. Yesterday, I talked about this as an I know that a number of physicians who to use whatever procedure will, in their have performed abortions for years, who are issue of fundamental liberty for female professional judgment, be safest for the citizens. Let me submit to you that it experts in the field, look at this legislation mothers, their patients. Toward this and do not understand what you mean or is not only a matter of a woman’s lib- goal, I wholeheartedly support the erty and right to control her own body what you are trying to accomplish. It seems sense-of-the-Senate amendment that as if this vagueness is intentional, and I, as that is at stake with this legislation; it a physician, cannot countenance a vague law Congress should not criminalize a spe- is also a doctor’s right to treat—to that may or may not cut off an appropriate cific medical procedure, and the rule of treat his patient, and to treat his pa- surgical option for my patients. Sometimes, Construction permitting the States to tient under very difficult cir- as any doctor will tell you, you begin a sur- regulate post-viability abortions to the cumstances indeed. gical procedure expecting it to go one way, extent permitted by the Constitution. It seems to me that as we dabble only to discover that the unique demands of The PRESIDING OFFICER. Who around we are in the process of lim- the case require that you do something dif- yields time? ferent. iting the liberties of the unborn that Mrs. FEINSTEIN. Mr. President, how have been spoken of will be born to. I Dr. Robinson highlights a point I’ve much time remains? think, Mr. President, that is a grievous made many times before. We can’t ade- The PRESIDING OFFICER. Six min- error for which we will all have great quately define the procedure we mean utes and thirty seconds. regret. to outlaw because we’re not doctors. I Mrs. FEINSTEIN. Mr. President, I I thank the Senator from California. share Dr. Robinson’s fear that because ask unanimous consent that the fol- The good news about this amendment this law is so vague and because we are lowing be added as cosponsors: Senator is that it can improve what is a bad denying doctors the ability to use their BOXER, Senator SIMON, Senator bill. The bad news about it, or maybe best medical judgment, physicians will MOSELEY-BRAUN, and Senator BRYAN. the good news about it, is hopefully be deterred from performing any late The PRESIDING OFFICER. Without medical science will overcome this sit- term abortion procedure. Late term objection, it is so ordered. uation. But, quite frankly, for the abortions will be unavailable and Mrs. FEINSTEIN. I yield the remain- present we should not be dabbling women will die. der of my time to the junior Senator where we have no knowledge, where we This is an unprecedented intrusion from Illinois. have no expertise, and in a way that into the practice of medicine. In my The PRESIDING OFFICER. The Sen- will injure and jeopardize the health, view decency and common sense would ator from Illinois. safety, and indeed even the lives of require us to recognize that it is not Ms. MOSELEY-BRAUN. Thank you, millions of American women. the job of the Congress to come be- Mr. President. I will be brief. Thank you. I yield the floor. tween physicians and their patients. I want to thank the Senator from Mr. President, I do not know if this I also want to speak briefly in sup- California for the amendment, and I letter has been made a part of the port of section two of Senator FEIN- am delighted to be a cosponsor of it. RECORD. I ask unanimous consent that STEIN’s amendment. I think her amend- Mr. President, this bill represents the it be printed in the RECORD. It is a let- ment is entirely consistent with the first time, to my knowledge, that the ter dated November 6 from the Amer- thinking in much of the legislation we Congress has attempted to tell a doctor ican College of Obstetricians and Gyne- have debated recently. On a number of that he or she cannot perform a spe- cologists in opposition to this legisla- matters we are choosing to leave regu- cific medical procedure. tion. lation to the States; indeed, we are de- Let us be clear about what Congress There being no objection, the mate- regulating at the Federal level so that is proposing to do with this legislation. rial was ordered to be printed in the we may leave the States the flexibility We are proposing to criminalize a med- RECORD, as follows: to enact their own laws on welfare, ical procedure against the rec- THE AMERICAN COLLEGE OF Medicaid, and so forth. I must admit ommendation of this Nation’s OB- OBSTETRICIANS AND GYNECOLOGISTS, Washington, DC, November 6, 1995. that it seems strange to me that in GYN’s and against the recommenda- Hon. ROBERT DOLE, this area alone we are undertaking tion of this Nation’s 2.2 million reg- Majority Leader, The Capitol, Federal regulation where there has istered nurses. Washington, DC. been none. In doing so we are taking This bill arbitrarily prohibits one DEAR MAJORITY LEADER DOLE: The Amer- away from the States the right to leg- type of procedure even when the proce- ican College of Obstetricians and Gyne- islate on this issue as they see nec- dure best protects the life and health cologists (ACOG), an organization rep- essary. In fact, we know that 41 of the and fertility of a woman, a citizen of resenting more than 35,000 physicians dedi- cated to improving women’s health care, States already have laws regulating ac- this country. If a woman has a late- does not support H.R. 1833, the Partial-Birth cess to post-viability abortions. term abortion, her decision relies on Abortion Ban Act of 1995. The College finds I have expressed before my support the best medical advice of the doctor, very disturbing that Congress would take for the enduring wisdom of Roe versus advice based on years of medical train- any action that would supersede the medical Wade decision. I think Senator FEIN- ing and service. judgment of trained physicians and crim- STEIN’s amendment is consistent with None of us, or few of us in this body, inalize medical procedures that may be nec- essary to save the life of a woman. Moreover, that decision. In Roe, the Court found have spent years studying and prac- in defining what medical procedures doctors that under the constitutional right to ticing medicine. How many of the may or may not perform, H.R. 1833 employs privacy, a woman has the right to Members of this body are physicians? terminology that is not even recognized in make her own decisions where her We have only one doctor serving in the the

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18227 medical community—demonstrating why vaginally delivers a living fetus before ators in the Chamber who desire to Congressional opinion should never be sub- killing the fetus and completing the vote? stituted for professional medical judgment. delivery.’’ The result was announced—yeas 44, Thank you for considering our views on It is my understanding that ‘‘par- this important matter. nays 53, as follows: tially vaginally delivers’’ means the Sincerely, [Rollcall Vote No. 595 Leg.] RALPH W. HALE, MD, person performing the abortion ac- YEAS—44 Executive Director. tively removes a portion of the fetus Mr. SMITH. Mr. President, so we all from the uterus, through the cervyx Akaka Glenn Mikulski Baucus Graham Moseley-Braun understand, the Feinstein substitute and into the birth canal. And I would ask the manager if this is his under- Bingaman Harkin Murray amendment is the killer amendment. It Boxer Hollings Nunn simply guts the bill. The earlier standing as well? Bradley Inouye Pell amendment was the Boxer amendment, Mr. SMITH. The Senator from Colo- Bryan Jeffords Pryor Bumpers Kassebaum which was defeated. rado is correct. ‘‘Partially vaginally Robb delivers’’ means the physician delivers Byrd Kennedy Rockefeller This amendment, no less than the Campbell Kerrey Sarbanes part of the baby through the cervyx Chafee Kerry Boxer amendment before it a short Simon and into the birth canal. Cohen Kohl while ago, is the partial-birth abortion- Simpson Mr. BROWN. At the Judiciary Com- Daschle Lautenberg on-demand amendment. And this Snowe mittee hearing, Dr. Robinson, of the Dodd Leahy amendment would totally eliminate Specter Johns Hopkins University, mentioned Feingold Levin the Partial-Birth Abortion Ban Act. Feinstein Lieberman Wellstone So if you support the bill, and you that it is possible for a portion of the NAYS—53 voted no on the Boxer amendment, you fetus, such as a hand or foot, to slip ac- should vote no on the Feinstein amend- cidentally through the cervyx and into Abraham Exon Lott Ashcroft Faircloth Lugar ment because it would replace the bill the birth canal without active removal by the physician. I assume the man- Bennett Ford Mack with current law. Current law is par- Biden Frist McCain tial-birth abortion on demand—I might ager does not intend to include those Bond Gorton McConnell cases in the definition of partial-birth Breaux Gramm Murkowski add, through all 9 months of pregnancy Brown Grams for whatever reason. abortion. Am I correct? Nickles Mr. SMITH. The Senator from Colo- Burns Grassley Pressler In other words, Mr. President, if you Coats Gregg Reid rado is correct. This bill would only Cochran Hatch want to go back on what you voted for, Roth cover those circumstances where some- Conrad Hatfield what you support, the partial-birth Santorum Coverdell Heflin abortion ban, then you would have to one intentionally delivers part of a liv- Smith ing baby through the cervyx and into Craig Helms vote for Feinstein. D’Amato Hutchison Stevens In essence and in conclusion, this is a the birth canal. DeWine Inhofe Thomas gutting amendment. It goes back to Mr. BROWN. The definition also Dole Johnston Thompson states that it only applies to ‘‘partial Domenici Kempthorne Thurmond current law. It just eliminates the en- Dorgan Kyl Warner tire bill. vaginal delivery of a living fetus.’’ In For that reason, obviously, we oppose other words, if the fetus had died be- NOT VOTING—2 it, and I encourage all of those who fore being partially removed from the Moynihan Shelby voted no on Boxer who want the par- uterus, this measure would not pro- So the amendment (No. 3092) was re- tial-birth abortion ban as described in hibit a physician from safely removing jected. our legislation to vote no on the Fein- the dead fetus from the mother. Is that stein amendment. correct? Mr. SMITH. Madam President, I At this point, unless my colleagues Mr. SMITH. The Senator is correct. move to reconsider the vote. would like some of my time—I would That is correct. Mr. GRAMM. I move to table the mo- be happy to yield it—I have no further Mr. BROWN. Finally, Mr. President, tion. it is my understanding this bill applies desire for time. The motion to lay on the table was only to those who knowingly perform a Mrs. FEINSTEIN. I thank the Sen- agreed to. partial-birth abortion. In other words, ator. I yield the time. The PRESIDING OFFICER. The Mr. SMITH. I yield back the remain- a physician must intentionally par- tially deliver a living fetus and then question is on the engrossment of the der of my time. amendments and third reading of the The PRESIDING OFFICER. The Sen- deliberately kill the fetus to be subject bill. ator yields back the remainder of his to criminal or civil liability. For exam- time. ple, under this bill, if a doctor fully in- The amendments were ordered to be The question is on agreeing to the tends to deliver a living baby but due engrossed, and the bill to be read a amendment. to an accident during delivery the fetus third time. Mrs. FEINSTEIN. Mr. President, I dies, the doctor would not be subject to The bill was read a third time. ask for the yeas and nays. criminal or civil liability. Is that cor- Mr. DOLE. I ask for the yeas and The PRESIDING OFFICER. Is there a rect? nays. sufficient second? Mr. SMITH. The Senator is correct. The PRESIDING OFFICER. Is there a There is a sufficient second. Mr. BROWN. I thank the Senator for sufficient second? The yeas and nays were ordered. his time and particularly for what I Mr. SMITH. Mr. President, I would think will be a helpful colloquy in There is a sufficient second. just ask unanimous consent that Sen- being very specific as to what the The yeas and nays were ordered. ator BROWN and I be allowed to do a words and terms used in the bill mean. The PRESIDING OFFICER. We now brief colloquy on a matter that I ne- Mr. President, I yield the floor. have 4 minutes of debate equally di- glected to mention and then we will The PRESIDING OFFICER. The vided. vote. question is on agreeing to amendment Mrs. BOXER. Madam President, I ask The PRESIDING OFFICER. Without No. 3092 offered by the Senator from my colleagues if they could give me objection, it is so ordered. California. The yeas and nays have their attention for 2 minutes of what Mr. BROWN addressed the Chair. been ordered. The clerk will call the The PRESIDING OFFICER. The Sen- has been a very difficult debate. Just roll. for 2 minutes. ator from Colorado. The assistant legislative clerk called I ask you to vote ‘‘no’’ on the final Mr. BROWN. Mr. President, this bill the roll. would expose physicians to criminal Mr. LOTT. I announce that the Sen- passage of this radical bill. It outlaws and civil liability for performing a par- ator from Alabama [Mr. SHELBY] is an emergency medical procedure which tial-birth abortion, and I believe it is necessarily absent. doctors have testified is used to save critical that we be very clear as to Mr. FORD. I announce that the Sen- the life of a woman or to avert serious what is covered by the bill. The bill de- ator from New York [Mr. MOYNIHAN] is adverse health consequences. fines a ‘‘partial-birth abortion’’ as ‘‘an necessarily absent. A woman like this, Coreen Costello, abortion in which the person per- The PRESIDING OFFICER (Mrs. who asks us to put aside our party af- forming the abortion partially HUTCHISON). Are there any other Sen- filiation and remember her. Despite

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18228 CONGRESSIONAL RECORD — SENATE December 7, 1995 the other side saying she did not have The result was announced—yeas 54, get it up, and we might not be able to the procedure outlawed in this bill, she nays 44, as follows: get cloture. But my view is we ought to did. She wrote us and told us that [Rollcall Vote No. 596 Leg.] accommodate where we can the execu- today and she testified that she did. YEAS—54 tive branch, and I have always tried to My colleagues, I am down to the last Abraham Exon Lott do that. 60 seconds. This is what Coreen Ashcroft Faircloth Lugar Mr. BINGAMAN. I appreciate that Costello said. Please listen: Bennett Ford Mack very much. I certainly agree that that Biden Frist McCain is an important thing to do. When families like ours are given this kind Bond Gorton McConnell of tragic news the last people we want to Breaux Gramm Murkowski The other issue I wanted to clarify is seek advice from are politicians. We talk to Brown Grams Nickles that the agreement calls for us to pro- our doctors, lots of doctors. We talk to our Burns Grassley Pressler ceed to consider START II before we go families and other loved ones, and we ponder Coats Gregg Reid out of session this year. Yesterday, long and hard into the night with our God. Cochran Hatch Roth Conrad Hatfield Santorum again the majority leader said that it Coreen asks us to vote against this Coverdell Heflin Shelby was his intent that we complete action bill. Craig Helms Smith on START II. I think it is very impor- D’Amato Hutchison Stevens It will deny women a life saving and health DeWine Inhofe Thomas tant that we do that. saving option in a tragic emergency situa- Dole Johnston Thompson Again, I would just ask if it is his tion. You would not do it to your own wife. Domenici Kempthorne Thurmond view that we can go ahead and get that You would not do it to your own daughter. I Dorgan Kyl Warner treaty voted on and sent on before we ask you, please, do not do it to America’s NAYS—44 wives and to America’s daughters. go off on the holidays. Akaka Glenn Mikulski Mr. DOLE. Again, let me indicate There is no true life exception. It was Baucus Graham Moseley-Braun that I hope to take it up before Christ- a partial exception. It was different Bingaman Harkin Murray mas. I would like to complete action Boxer Hollings than the normal Hyde language. So Nunn before Christmas. If not, we will do it Bradley Inouye Pell this is indeed a radical proposal. Please Bryan Jeffords as quickly as we can when we are back vote ‘‘no’’ on final passage. President Pryor Bumpers Kassebaum Robb here. Clinton will veto this bill. Byrd Kennedy Rockefeller Campbell Kerrey But I think we need to take a look at The PRESIDING OFFICER. The Sen- Sarbanes Chafee Kerry the calendar. A week from today will Simon ator from New Hampshire is recognized Cohen Kohl Simpson be the 15th. One week later is the 22d. for 2 minutes. Daschle Lautenberg Next week we have this State Depart- Mr. SMITH. Madam President, the Dodd Leahy Snowe Feingold Levin Specter ment reorganization, Bosnia, and House of Representatives recently Feinstein Lieberman Wellstone rangeland reform. Again, it is a ques- voted overwhelming by a two-thirds NOT VOTING—1 tion of whether we can do it. majority to ban partial-birth abortion. I am advised by the distinguished Moynihan The vote on the ban was 288–139. chairman of the Foreign Relations This is not a radical extreme bill. It So the bill (H.R. 1833), as amended, Committee that he does not know of was supported by liberal Democrats was passed. any amendments to the START II such as PATRICK KENNEDY; liberal Re- Mr. SMITH. Madam President, I Treaty. There may be amendments. publicans, moderate Republicans, such move to reconsider the vote by which But it may not take more than a cou- as SUSAN MOLINARI; pro-choice, pro- the bill was passed. ple of hours. life. It is not a radical bill. RICH GEP- Mr. FORD. I move to lay that motion So, certainly, I would like to dispose HARDT supported it and others. on the table. of it before we leave from here this We have added a life-of-the-mother The motion to lay on the table was year. We will make every effort to do exception which was requested by some agreed to. so. of my colleagues on both sides of the Mr. BINGAMAN addressed the Chair. Mr. BINGAMAN. Madam President, aisle. We did that. I hope we can get a The PRESIDING OFFICER. The Sen- let me just say that I appreciate the similar, bipartisan overwhelming ma- ator from New Mexico. fact that we do have an agreement in jority here in the Senate like we had in f this unanimous-consent agreement to the House to stop what I believe is a ORDER OF PROCEDURE bring it up before we conclude the ses- very cruel practice. sion and move to the consideration of Let me conclude on this point, be- Mr. BINGAMAN. Madam President, I it. cause Senator BOXER and I have been wish to state a couple of questions and I am encouraged by the statement debating this on and off for several ask for the majority leader’s response, and by the indication of the Senator days now. The photograph that is being if I could, at this time. from North Carolina, the chairman of displayed here is of a woman who went Madam President, I know that there the Foreign Relations Committee, that through a terrible ordeal. We all know has been an agreement worked out he thinks we can move to it very expe- that. We have great sympathy for what with regard to the voting on the nomi- ditiously. she went through. But she did not have nations and on the START II Treaty. I I appreciate the majority leader’s the partial-birth abortion. She did not know that yesterday we had another very good work on the issues. I appre- have a partial-birth abortion. This discussion on the Senate floor, and the ciate the Senator from North Carolina, would not have stopped the procedure majority leader referred to his inten- and I also, of course, appreciate the that Coreen Costello had. tion to, also in addition to the nomina- Senator from Massachusetts, who I I urge my colleagues to vote for final tions for ambassadors, clear the rest of know has worked very hard to get this passage. I yield the floor. the items on the Executive Calendar agreement and, of course, the Demo- The PRESIDING OFFICER. All time before we left. cratic leader as well. has expired. I just wanted to once again ask for So thank you all. The bill having been read the third his assurance that that is his desire I no longer object to proceeding on time, the question is, Shall the bill and his intention before we adjourn the flag amendment. I know the major- pass? this fall. ity leader intends to do that tomorrow. The yeas and nays have been ordered. Mr. DOLE. Madam President, if the I have no objection. The clerk will call the roll. Senator will yield, I will just say, as I f The legislative clerk called the roll. did yesterday, that it is certainly my Mr. FORD. I announce that the Sen- hope that we can clear everything on UNANIMOUS-CONSENT AGREE- ator from New York [Mr. MOYNIHAN] is the Executive Calendar before we leave MENT—SENATE JOINT RESOLU- necessarily absent. this year. TION 31 The PRESIDING OFFICER. Are there I cannot give a 100 percent guarantee. Mr. DOLE. If there is not, I ask at any other Senators in the Chamber de- Somebody might have a hard hold on this time then that the cloture vote siring to vote? something. They may not be able to scheduled for Friday be vitiated, and I

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18229 now ask unanimous consent that at 10 to the Secretary of State for the New Inde- to the request for a conference on the a.m. on Friday, December 8, the Senate pendent States; disagreeing votes of the two Houses, turn to the consideration of Senate Ms. Frances D. Cook, of Florida, to be Am- and that the Chair be authorized to ap- bassador to the Sultanate of Oman; Joint Resolution 31, the constitutional Mr. Don Lee Gevirtz, of California, to be point conferees. amendment concerning the flag dese- Ambassador to the Republic of Fiji, and to The PRESIDING OFFICER. Without cration. serve Concurrently and without additional objection, it is so ordered. The PRESIDING OFFICER. Is there compensation as Ambassador to the Republic f objection? of Nauru, Ambassador to the United King- Without objection, it is so ordered. dom of Tonga, and Ambassador to Tuvalu; NOMINATION OF KATHLEEN A. Mr. DOLE. I further add that there Mr. Robert E. Gribben, III, of Alabama, to MCGINTY will not be any votes tomorrow. There be Ambassador to the Republic of Rwanda; Mr. DASCHLE. Mr. President, it is will be debate tomorrow. Then tomor- Mr. William H. Itoh, of New Mexico, to be my understanding that the majority row, if we can reach an agreement for Ambassador to the Kingdom of Thailand; Mr. Richard Henry Jones, of Nebraska, to leader has committed to the consider- Monday, there may be two or three be Ambassador to the Republic of Lebanon; ation of and final action on Executive amendments to Senate Joint Resolu- Mr. James A. Joseph, of Virginia, to be Calendar Nomination No. 340, Ms. tion 31. Ambassador to the Republic of South Africa; Kathleen A. McGinty to be a member If we can agree on the amendments Ms. Sandra J. Kristoff, of Virginia, for the of the Council on Environmental Qual- and final passage, then we could do rank of Ambassador as U.S. Coordinator for ity before the Senate completes its that on Tuesday morning. There would the Asia Pacific Economic Corporation; business this session am I correct in be no votes on Monday. If we cannot Mr. John Raymond Malott, of Virginia, to that understanding? agree, then there will be no votes be- be Ambassador of Malaysia; Ms. Joan M. Plaisted, of California to be Mr. DOLE. Yes. I have committed to fore 6 o’clock on Monday. But I think Ambassador to the Republic of the Marshall final disposition before Christmas. we can agree. We have had a discussion Islands, and to serve concurrently and with- Mr. DASCHLE. I thank the majority between the two leaders. out additional compensation as Ambassador leader for that commitment. Finally, I would say there are a cou- to the Republic of Kiribati; ple of colloquys that Senator DASCHLE Mr. Kenneth Michael Quinn, of Iowa, to be f and I were going to enter into, and I Ambassador to Cambodia; UNANIMOUS-CONSENT AGREEMENT think I pretty much responded to the Mr. David P. Rawson, of Michigan, to be — CHEMICAL WEAPONS CONVEN- one on START. The others I think can Ambassador to the Republic of Mali; Mr. J. Stapleton Roy, of Pennsylvania, to TION be printed in the RECORD at the appro- be Ambassador to the Republic of Indonesia; priate point if we initial each. Mr. Jim Sasser, of Tennessee, to be Ambas- Mr. HELMS. Madam President, I fur- Is that satisfactory with the man- sador to the People’s Republic of China; ther ask unanimous consent that if the agers? Mr. Gerald Wesley Scott, of Oklahoma, to Chemical Weapons Convention has not I thank the Senators. be Ambassador to the Republic of the Gam- been reported by the close of business Mr. HELMS addressed the Chair. bia; on April 30, 1996, that convention be The PRESIDING OFFICER. The Sen- Mr. Thomas W. Simons, Jr., of the District discharged from the Foreign Relations ator from North Carolina. of Columbia, to be Ambassador to the Is- Committee and placed on the Execu- Mr. HELMS. We have reached the lamic Republic of Pakistan; tive Calendar. Mr. Charles H. Twining, of Maryland, to be point now this evening that we could Ambassador to the Republic of Cameroon; The PRESIDING OFFICER. Without have reached back in August, but bet- FSO Promotion List, Barrett, et. al; objection, it is so ordered. ter late than never. FSO Promotion List, Gelbard, et. al; Mr. HELMS. I thank the Chair. f FSO Promotion List, Goddard, et. al; Mr. DASCHLE. Mr. President, I un- FSO Promotion List, Peasley, et. al. derstand the majority leader’s dif- UNANIMOUS-CONSENT AGREEMENT Mr. HELMS. I thank the clerk. ficulty in long-term planning of the Mr. HELMS. Madam President, I ask The PRESIDING OFFICER. Without Senate schedule, but I ask the majority unanimous consent that following the objection, it is so ordered. leader if it would be his intention to disposition of H.R. 1561, as amended, Mr. HELMS. I further ask unanimous schedule consideration of the Chemical the Senate then proceed immediately, consent that immediately following Weapons Convention in a reasonable without intervening action or debate, the resumption of legislative session, time after it has been reported or dis- to executive session to consider the fol- the Senate insist on its amendment to charged from the Committee? lowing list of nominations, and if the H.R. 1561, request a conference with the Mr. DOLE. It would be my intention nominations are not on the Executive House on the disagreeing votes of the that the Senate would consider the Calendar at that time the Foreign Re- two Houses, and that the Chair be au- Convention in a reasonable time period lations Committee be discharged from thorized to appoint conferees. Further, once the Convention is on the Execu- further consideration of these nomina- as in executive session, I ask unani- tive Calender. tions, and the Senate proceed to their mous consent that on a date to be de- The PRESIDING OFFICER. The Sen- consideration en bloc; that they be termined by the majority leader, after ator from Massachusetts. confirmed en bloc, the motion to re- consultation with the Democratic lead- Mr. KERRY. Madam President, it consider be laid on the table, and the er, but in any case no later than the will be my intention to review for the President be immediately notified of last day of the first session of the 104th record briefly the summary as agreed the Senate’s action, and the Senate Congress, 1 hour after the Senate con- upon of the amendment to H.R. 1561. then resume legislative session; that if venes, the Senate proceed to executive Before I do, however, I would like to in- the nominations are on the calendar at session to consider the START II trea- quire of the chairman the following. that time, they still be considered and ty; that if the committee has not re- Madam President, a number of Mem- confirmed in accordance with the ported the treaty by that time, the bers from the Senate on both sides of above provisions. treaty be discharged from committee the aisle have been very concerned, and Now, the list of nominations I shall and the Senate proceed to its imme- the ranking member shares this con- send to the desk, and ask the clerk to diate consideration. cern, about the disposition of the report. The PRESIDING OFFICER. Without Chemical Weapons Convention which The PRESIDING OFFICER. The objection, it is so ordered. was submitted to the Congress many clerk will report. Mr. HELMS. I thank the Chair. months ago, and since that time it has The legislative clerk read as follows: I further ask unanimous consent that been pending before the Foreign Rela- Mr. A. Peter Burleigh, of California, to be immediately after the Chair appoints tions Committee. Ambassador to the Democratic Socialist Re- the conferees on H.R. 1561, the Chair I would like to ask the chairman con- public of Sri Lanka, and to serve concur- rently and without compensation as Ambas- then lay before the Senate the message cerning the Chemical Weapons Conven- sador to the Republic of Maldives; from the House on H.R. 927, the Cuban tion. I am aware that the committee’s Mr. James Franklin Collins, of Illinois, to Liberty and Solidarity Act; that the consideration of this treaty is not as be Ambassador at Large and Special Advisor Senate insist on its amendment, agree far along as the consideration of

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18230 CONGRESSIONAL RECORD — SENATE December 7, 1995 START II and that several members of view with the Senator very briefly Senate will be neither added nor the committee have a number of ques- those items as we understand them dropped in conference without a mu- tions about it and its implications that that are summarized within H.R. 1561. tual discussion, involvement by Senate they believe must be explored more On Monday when we take up this conferees? fully before they are prepared to act on issue we have agreed, have we not, that Mr. HELMS. That is customary. the treaty. as to the issue of consolidation, that Mr. KERRY. Similarly, any discus- I ask the chairman if he would de- we have agreed on compromise lan- sion or consideration of the foreign aid scribe his commitment to the com- guage with technical changes which provisions of the House bill will be by mittee and the Senate on action on the will propound a $1.7 billion savings similar participation? Chemical Weapons Convention. over 5 years with a baseline of fiscal Mr. HELMS. That is customary. The Mr. HELMS. Madam President, I am year 1995 at the appropriated level, Senator will be a member of the con- happy to respond to the inquiry by the that there would be no mandatory abo- ference committee. distinguished Senator from Massachu- lition of agencies, there would be not Mr. KERRY. Procedural, as to proce- setts. more than 30 percent of the savings re- dural issues that have now been set He has correctly stated that I and alized for programmatic reductions, forth within the context of the unani- several other members of the com- and there would be not more than 15 mous consent agreement—and there is no need to repeat those. And the chair- mittee have what we believe to be crit- percent of the savings realized from man has agreed to schedule hearings ical unanswered questions concerning State Department administrative ac- for early next year, with committee ac- the implications of the Convention on counts. tion on the convention in the early Chemical Weapons coming into force Does the chairman agree with my spring for the Chemical Weapons Con- and whether the treaty is in the best summary of the consolidation? vention. It is also the understanding interests of our Nation. So it is not Mr. HELMS. That is correct. And it that the committee will resume nor- possible for us to move as expeditiously will be made a part of the RECORD. mal activities with respect to the concerning it as we can move on the Mr. KERRY. With respect to other scheduling of hearings and committee START II treaty. bill issues, there is agreement on lan- actions on all currently pending nomi- However, I would say to the Senator guage reflected in a summary of nees and other committee business. changes in Division A which will be that the Foreign Relations Committee Mr. HELMS. That was my intent all will immediately establish a hearing made a part of the RECORD. along, Madam President. schedule on the convention which will There is a deletion of section 168 Mr. KERRY. Well, Madam President, begin hearings in February 1996. The based on Senator DODD’s request in let me say that I want to thank the committee will complete its hearings writing to have this dealt with in con- distinguished chairman and his staff. on the convention by April 30, 1996. By ference on the Cuban Liberty and Soli- This has been a complicated and long April 30, the committee will meet in a darity Act. There is a deletion of sec- negotiating process. But I think it has business session to consider the Chem- tion 603 relating to coercive population been one where both parties fairly at- ical Weapons Convention. control policies. And there is an addi- tempted to try to work the best com- Prior to the final committee vote on tion of $10 million in fiscal year 1996 for promise possible to effect some very whether to report the treaty to the the East-West Center pursuant to an complicated changes within the struc- Senate, the committee could adopt any agreement between the chairman and ture of our foreign policy establish- or all of the following: recommenda- ranking member and Senator INOUYE. ment. tions to amend the treaty; reservations Mr. HELMS. That is correct. I am convinced that what we have and understandings; modifications of Mr. KERRY. With respect to Iraqi achieved here is a strong beginning for the resolution of ratification; or direc- claims, there is a compromise which a reevaluation of how we are doing tion for the renegotiation of the trea- contemplates satisfying licensing for business, of the responsibilities of ty. The final committee vote could those people with letters of advice these various agencies and depart- allow that the treaty be reported favor- while simultaneously expanding—com- ments. I am convinced that as the par- ably, unfavorably, or without rec- promise language which we arrived at ties proceed in good faith into the con- ommendation. this evening which basically splits the ference itself, that we have an oppor- Mr. KERRY. Madam President, I difference between the parties with re- tunity to make our delivery of the for- would ask the distinguished chair- spect to the concerns that have been eign policy product of this country far man—I believe at this point are the expressed. more effective, far more efficient, and colloquies of Senator DASCHLE and Sen- Mr. HELMS. That is correct, Madam the taxpayers of this country will ben- ator DOLE now a part of the record? President. efit significantly from the changes Mr. HELMS. They are now a part of Mr. KERRY. With respect to the au- which are promoted here. the RECORD. I will ask the Chair to con- thorization levels, there is an agree- The chairman has stood his ground firm that. ment that those authorization levels on many issues and fought hard, as The PRESIDING OFFICER. That is currently set out in the bill will be ad- have we. And I think, as in all efforts correct. dressed in conference with an under- to make the compromise, this rep- Mr. KERRY. That is as to both the standing among the parties that we resents exactly that, a sound meeting Chemical Weapons Convention as well will make a good-faith effort and seek of the minds and a sound effort to try as the nomination of Katie McGinty to to increase the levels of operating ac- to bring the parties together. I am con- be Chairman of the Council on Envi- counts for the agencies affected by the vinced that it is a good product. ronmental Quality. Is that correct? bill. There are still some issues that we Mr. HELMS. That is correct. Mr. HELMS. That is correct. need to work on. The chairman under- The PRESIDING OFFICER. That is Mr. KERRY. With respect to con- stands that. I understand that. Mem- correct. ference issues as to consolidation, bers understand that. But I think what Mr. KERRY. It is my understanding there is an agreement that the Senate we have done, by breaking through that there is a further unanimous-con- conferees will operate under consensus here in the last week, is to bring the sent request with respect to the Chem- with respect to the consolidation pro- committee back together in an impor- ical Weapons Convention if it is not re- posal regarding mandatory cost sav- tant way and to indicate that we are ported by the close of business. Or is ings, the abolition of the agencies, and all intending to do our utmost to try to that accomplished? the limitations as to where those cost see to it that there is a strong bipar- Mr. HELMS. Already done. savings may be achieved? tisan effort to present the strongest The PRESIDING OFFICER. It is. Mr. HELMS. That is correct. possible future work product from this f Mr. KERRY. With respect to the for- important committee. And I thank the eign aid provisions, the population pro- chairman for his continued efforts even ORDER OF PROCEDURE visions will be a Member issue in the when the road was difficult to keep the Mr. KERRY. In that case, Madam conference. And there is agreement lines of communication open and to President, if I may, I would like to re- that foreign aid provisions of the U.S. help to make this happen.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18231 Mr. HELMS. Madam President, I bassadorial nominations and 4 FSO pro- essence of politics and the essence of thank the Senator from Massachusetts. motion lists) and the START II treaty will progress. He and the Senator from I am grateful for the opportunity to be added on by the Committee at a business North Carolina have conducted them- work for him and with him in reaching meeting immediately prior to floor action on selves ably. I would like to put in a S. 908. this agreement. And I have only the 2. Agreed to propound 4 UC agreements word for the assistant of the Senator observation that this could have been prior to any action on S. 908 as follows: from Massachusetts, Nancy Stetson. achieved many, many weeks ago if (a) Nominees By coincidence, she is from the State there had not been such intransigence. of Rhode Island. Upon passage of S. 908, the 18 nominations But that is behind us. and the 4 FSO promotion lists will be deemed Mr. KERRY. I thank the distin- I hope from this point on that we can passed by the Senate in bloc. In the event guished former chairman and now work together in good faith, not ques- that the Committee has not acted upon these ranking member of the committee for tion each other’s good faith, and work nominations, the UC agreement would pro- his very generous comments. for the American people, saving money vide for the Committee to be discharged of Mr. HELMS. Madam President, it and improve the foreign policy appa- the 18 ambassadorial nominations and the 4 goes without saying that I am grateful, ratus of this country, which badly FSO promotion lists and for immediate pas- as I always am, for the remarkable needs improving. And I pledge that I sage of all these nominations upon passage staff of the majority on the Foreign of S. 908. shall work with the Senator as long as Relations Committee. Beside me is (b) Conferees on S. 908 he is willing to work with me. And I Steve Berry, who has worked arduously thank the Senator. And I thank the Upon passage of S. 908, conferees would be and continuously, and he still has a lit- appointed. Chair. tle bit of his hair left. And then there I want to send to the desk, Madam (c) START II is Randy Scheunemann, who once was President, a printed review of the Upon passage of S. 908 in the event that on our staff and is now associated with Committee has not acted the Committee items that Senator KERRY has just dis- Senator DOLE. He has been of invalu- would be discharged of START II and Start cussed for the benefit of the reporter. I able help. I cannot go down the long know he tried to take it down, but it is II will be acted upon by the Senate prior to the end of this session. list, but I am obliged to mention my easier to have it in writing. (d) Conferees on Cuba Monroe, North Carolina colleague, the Madam President, I ask unanimous Upon passage of S. 908, conferees would be chief of staff of the Foreign Relations consent that the review be printed in appointed on the Cuban Liberty and Soli- Committee, retired navy admiral Bud the RECORD. darity Act. Nance. He calls himself ‘‘Bud,’’ but his There being no objection, the mate- D. OTHER ISSUES name is James Wilson Nance. I must rial was ordered to be printed in the 1. Chemical Weapons Convention insert the personal note that Bud and I RECORD, as follows: Will schedule hearings for early next year were born 2 months apart, two blocks CHECKLIST—HELMS-KERRY MEETING ON S. 908 and Committee action on the convention in apart in the little town of Monroe. He A. SUMMARY OF MANAGERS AMENDMENT early spring served 38 years in the Navy, and after 1. Consolidation 2. Other Pending Nominations that, he served Ronald Reagan as his Agreed on compromise language offered by Committee will resume normal activities foreign affairs advisor. Kerry with technical changes, as follows: including scheduling hearings and Com- Mr. KERRY. If my colleague will $1.7 billion in savings over 5 years; baseline mittee action on all currently pending nomi- is FY 1995 appropriated level; yield before he closes, I join with him No mandatory abolition of agencies; nees, and other Committee business. in thanking his staff, also—Steve Not more than 30% of the savings realized S. 908—SUMMARY OF CHANGES IN DIVISION ‘A’ Berry, particularly, and Randy from programmatic reductions; Agreements reached on changes in Division A Scheunemann have been extraor- Not more than 15% of the savings realized (Agreed-upon on 11/09/95) dinarily helpful in working through the from State Department’s administrative ac- counts. Delete Foreign Service end strengths in issues. We are grateful for their help. 2. Other bill issues section 141 (c) and (d). Reporting require- Mr. HELMS. That is very kind of the ment on end strengths included in Kerry re- Senator. I know they appreciate that. Agreed on language reflected in attached organization proposal. f summary of changes in Division A with the Delete restrictions in section 111(c) on liai- following additional changes: son office in North Korea. Done in managers MORNING BUSINESS (a) deletion of Section 168 based on Dodd’s amendment—7/31/95. request in writing to Kerry to have this Mr. HELMS. Mr. President, I ask Agreed to drop sections 166 and 167 relating dealt with in conference on the Cuban Lib- to immigration in conference. unanimous consent that there now be a erty and Solidarity Act; Amend section 205 relating to UN inspector period for the transaction of routine (b) deletion of Section 603 relating to coer- morning business. cive population control policies (House bill general. contains a similar provision); and Amend section 212 dealing with prior noti- The PRESIDING OFFICER. Without (c) addition of $10 million in FY 1996 for fication of UN Security Council votes on objection, it is so ordered. peacekeeping. the East-West center, pursuant to Helms’ f agreement with Inouye. Substitute Intelligence Committee lan- guage on intelligence sharing with UN in 3. Iraq Claims— MESSAGE FROM THE PRESIDENT section 216. 4. Authorization levels Delete section 217 exempting US from UN Messages from the President of the Agreement that authorization levels would sanctions. United States were communicated to be addressed in conference with an effort to Delete provision terminating US participa- the Senate by Mr. Thomas, one of his increase the levels of operating accounts for tion in ILO in section 313(1). secretaries. agencies affected by the bill. Amend section 314 dealing with US partici- f B. CONFERENCE ISSUES pation in UN Human Rights Committee. 1. Consolidation Agreed to drop new reporting requirements EXECUTIVE MESSAGES REFERRED Agreement that the Senate conferees will in conference. As in executive session the Presiding operate ‘‘under consensus’’ with respect to Mr. HELMS. I thank the Chair. Officer laid before the Senate messages Kerry’s consolidation proposal regarding Mr. PELL addressed the Chair. from the President of the United mandatory cost savings, abolition of the The PRESIDING OFFICER. The Sen- States submitting sundry nominations agencies and the limitations as to where cost ator from Rhode Island is recognized. savings may be achieved. which were referred to the appropriate Mr. PELL. Madam President, I would committees. 2. Foreign Aid Provisions just like to say how fortunate the (The nominations received today are (a) Population provisions will be a Member United States is to have in its setting issue in conference. printed at the end of the Senate pro- (b) Agreement that foreign aid provisions an individual with the manner, negoti- ceedings.) will either be added nor dropped in con- ating skill and tact, as that of the Sen- f ference without Kerry’s involvement. ator from Massachusetts. He has car- MESSAGES FROM THE HOUSE C. PROCEDURAL ISSUES ried the load in a wonderful way. I feel 1. Agreed that the pending nominations guilty not having shared it more. And At 10:07 a.m., a message from the which are ready to be acted upon (i.e. 18 am- his willingness to compromise is the House of Representatives, delivered by

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18232 CONGRESSIONAL RECORD — SENATE December 7, 1995 Ms. Goetz, one of its reading clerks, an- MEASURES PLACED ON THE INTRODUCTION OF BILLS AND nounced that the House agrees to the CALENDAR JOINT RESOLUTIONS report of the committee of conference The following measure was read the The following bills and joint resolu- on the disagreeing votes of the two first and second time and placed on the tions were introduced, read the first Houses on the amendments of the Sen- calendar: and second time by unanimous con- ate to the bill (H.R. 1058) to reform S. 1452. A bill to establish procedures to sent, and referred as indicated: Federal securities litigation, and for provide for a taxpayer protection lock-box other purposes. By Mr. BURNS (for himself, Mr. CRAIG, and related downward adjustment of discre- Mr. REID, Mr. THOMAS, Mr. BRYAN, The message also announced that the tionary spending limits and to provide for and Mr. INHOFE): additional deficit reduction with funds re- House agrees to the report of the com- S. 1453. A bill to prohibit the regulation by sulting from the stimulative effect of rev- mittee of conference on the disagreeing the Secretary of Health and Human Services enue reductions. votes of the two Houses on the amend- and the Commissioner of Food and Drugs of ment of the Senate to the bill (H.R. The following measure was read the any activities of sponsors or sponsorship pro- 2076) making appropriations for the De- first and second times by unanimous grams connected with, or any advertising partments of Commerce, Justice, and consent and placed on the calendar: used or purchased by, the Professional Rodeo Cowboy Association, its agents or affiliates, State, the Judiciary, and related agen- H.R. 1350. An act to amend the Merchant Marine Act, 1936 to revitalize the United or any other professional rodeo association, cies for the fiscal year ending Sep- and for other purposes; to the Committee on tember 30, 1996, and for other purposes. States-flag merchant marine, and for other purposes. Labor and Human Resources. By Mr. HELMS: f At 5:30 p.m., a message from the S. 1454. A bill to authorize the Secretary of REPORTS OF COMMITTEES Transportation to issue a certificate of docu- House of Representatives, delivered by mentation with appropriate endorsement for Mr. Hays, one of its reading clerks, an- The following reports of committees employment in the coastwise trade and fish- nounced that the House insists upon its were submitted: eries for the vessel Joan Marie, and for other amendments to the bill (S. 641) to reau- By Mr. HATFIELD, from the Committee purposes; to the Committee on Commerce, thorize the Ryan White CARE Act of on Appropriations: Science, and Transportation. 1990, and for other purposes, disagreed Special Report entitled ‘‘Revised Alloca- S. 1455. A bill to authorize the Secretary of to by the Senate, and agrees to the tion to Subcommittees of Budget Totals Transportation to issue a certificate of docu- conference asked by the Senate on the from the Concurrent Resolution for Fiscal mentation with appropriate endorsement for disagreeing votes of the two House Year 1996’’ (Rept. No. 104–180). employment in the coastwise trade for the vessel Movin On, and for other purposes; to thereon; and appoints Mr. BLILEY, Mr. By Mr. MURKOWSKI, from the Committee the Committee on Commerce, Science, and BILIRAKIS, Mr. COBURN, Mr. WAXMAN, on Energy and Natural Resources, without amendment: Transportation. and Mr. STUDDS as the managers of the S. 1456. A bill to authorize the Secretary of conference on the part of the House. S. 1459. An original bill to provide for uni- form management of livestock grazing on Transportation to issue a certificate of docu- The message also announced that the Federal land, and for other purposes (Rept. mentation with appropriate endorsement for House agrees to the amendments of the No. 104–181). employment in the coastwise trade for the Senate to the amendment of the House By Mr. PRESSLER, from the Committee vessel Play Hard, and for other purposes; to on Commerce, Science, and Transportation, the Committee on Commerce, Science, and to the bill (S. 790) to provide for the Transportation. modifications or elimination of Federal with an amendment in the nature of a sub- stitute and an amendment to the title: S. 1457. A bill to authorize the Secretary of reporting requirements. S. 776. A bill to reauthorize the Atlantic Transportation to issue a certificate of docu- The message further announced that Striped Bass Conservation Act and the Anad- mentation with appropriate endorsement for the House has passed the following bill, romous Fish Conservation Act, and for other employment in the coastwise trade for the in which it requests the concurrence of purposes (Rept. No. 104–182). vessel Shogun, and for other purposes; to the the Senate: By Mr. HATCH, from the Committee on Committee on Commerce, Science, and the Judiciary, with an amendment in the na- Transportation. H.R. 1350. An act to amend the Merchant ture of a substitute: By Mr. LAUTENBERG: Marine Act, 1936 to revitalize the United S. 956. A bill to amend title 28, United S. 1458. A bill to amend the provisions of States-flag merchant marine, and for other States Code, to divide the ninth judicial cir- title 35, United States Code, to establish the purposes. cuit of the United States into two circuits, Patent and Trademark Corporation, and for and for other purposes. other purposes; to the Committee on the Ju- The message also announced that the By Mr. HATCH, from the Committee on diciary. House agrees to the report of the com- the Judiciary, with an amendment in the na- By Mr. MURKOWSKI (for Mr. DOMEN- mittee of conference on the disagreeing ture of a substitute and an amendment to ICI): votes of the two Houses on the amend- the title: S. 1459. An original bill to provide for uni- ments of the Senate to the bill (H.R. S. 1340. A bill to require the President to form management of livestock grazing on 2099) making appropriations for the De- appoint a Commission on Concentration in Federal land, and for other purposes; from partment of Veterans Affairs and Hous- the Livestock Industry. the Committee on Energy and Natural Re- ing and Urban Development, and for f sources; placed on the calendar. sundry independent agencies, boards, By Mrs. BOXER (for herself and Mr. EXECUTIVE REPORTS OF BIDEN): commissions, corporations, and offices COMMITTEES for the fiscal year ending September 30, S. 1460. A bill to amend the Marine Mam- mal Protection Act of 1972 to support the 1996, and for other purposes, and the The following executive reports of committees were submitted: International Dolphin Conservative Program House recedes from its disagreement to in the eastern tropical Pacific Ocean, and for the amendment of the Senate and con- By Mr. HATCH, from the Committee on other purposes; to the Committee on Com- curs therein with an amendment. the Judiciary. merce, Science, and Transportation. Bruce D. Black, of New Mexico, to be ENROLLED BILLS SIGNED United States District Judge for the District f The message further announced that of New Mexico. Patricia A. Gaughan, of Ohio, to be United the Speaker has signed the following States District Judge for the Northern Dis- SUBMISSION OF CONCURRENT AND enrolled bills: trict of Ohio. SENATE RESOLUTIONS H.R. 1058. An act to reform Federal securi- Hugh Lawson, of Georgia, to be United ties litigation, and for other purposes. States District Judge for the Middle District The following concurrent resolutions of Georgia. and Senate resolutions were read, and H.R. 2204. An Act to extend and reauthorize John Thomas Marten, of Kansas, to be referred (or acted upon), as indicated: the Defense Production Act of 1950, and for United States District Judge for the District By Mr. LOTT (for himself and Mr. other purposes. of Kansas. MCCAIN): The enrolled bills were subsequently (The above nominations were re- S. Res. 198. A resolution to make certain signed by the President pro tempore ported with the recommendations that technical changes to S. Res. 158; considered (Mr. THURMOND). they be confirmed.) and agreed to.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18233 STATEMENTS ON INTRODUCED many sponsors. This would threaten There being no objection, the bill was BILLS AND JOINT RESOLUTIONS the economic viability of an important ordered to be printed in the RECORD, as By Mr. BURNS (for himself, Mr. recreational and economic activity in follows: CRAIG, Mr. REID, Mr. THOMAS, Montana and throughout the Western S. 1453 Mr. BRYAN, and Mr. INHOFE): United States. Be it enacted by the Senate and House of Rep- S. 1453. A bill to prohibit the regula- I doubt the agencies involved took resentatives of the United States of America in tion by the Secretary of Health and into account the economic impact that Congress assembled, Human Services and the Commissioner their decisions would have on small SECTION 1. SHORT TITLE. of Food and Drugs of any activities or rural communities. In many of the This Act may be cited as the ‘‘Rodeo Free- dom Act of 1995’’. sponsors or sponsorship programs con- smaller communities in Montana, and I nected with, or any advertising used or am sure in many Western States, the SEC. 2. FINDINGS. The Congress finds that— purchased by, the Professional Rodeo residents eagerly anticipate the one annual event of the year, the rodeo. (1) professional rodeo is an important and Cowboy Association, its agents or af- popular spectator sport that is attended by filiates, or any other professional rodeo The contestants come in from around an estimated 18,000,000 American adults an- association, and for other purposes; to the country, and for that matter the nually across the United States and particu- the Committee on Labor and Human world, to compete. Tourists traveling larly in the Western and Southwestern re- Resources. through the area many times extend gions; their stay to catch the uniquely Amer- (2) in the Western and Southwestern re- THE RODEO FREEDOM ACT OF 1995 ican sport. gions, the sport of rodeo has a long and in- Mr. BURNS. Mr. President, I rise This event may bring thousands of teresting history and therefore, is of great today with the support of Senators cultural and social significance to such dollars into an already suffering econ- REID, CRAIG, THOMAS, BRYAN, and States; omy. In one particular city in Mon- INHOFE, to introduce a bill that is vi- (3) the Professional Rodeo Cowboy Associa- tally important to the heritage of the tana, an annual rodeo will mean the tion has 10,000 members and sponsors ap- Western United States, the sport of addition of over $2 million to the local proximately 800 rodeos in 46 States every economy. year; rodeo. The Rodeo Freedom Act of 1995 (4) because of its cultural associations with is a bill that will protect the interests The additional money that sponsors provide to local rodeos makes rodeo the Western and Southwestern regions of the of the sport of rodeo and the many United States, the rodeo is an important at- small and large communities that host one of the best family entertainment traction for domestic and foreign tourism to rodeos throughout the year. bargains today. Without the assistance those regions; Rodeo is the one true American of these sponsors, rodeo, if it could (5) the professional rodeo and the support sport—a sporting event watched by even continue, would need to bring the industries associated with professional rodeo millions of people yearly. It’s a unique price of its tickets up to a level that generate substantial economic activity in would preclude many families from the host communities and are significant sources sporting event that tests the skills of of income, economic security, employment, both man and beast. Rodeo is a sport one entertainment event they wait for annually. recreation, and enjoyment for Americans; that traces its beginnings to contests (6) the Professional Rodeo Cowboy Associa- held between ranches in the West dur- This is another example of Big Gov- tion enjoys the freedom to choose the spon- ing the latter part of the last century. ernment tossing its weight around. The sors or sponsorship programs associated with Cowboys tested their skills in breaking enforcement of the sponsorship should the rodeos of the association; wild horses and the everyday jobs of be controlled at the local level by the (7) the sponsors or sponsorship programs roping and doctoring the animals of State governments, most of which al- associated with the rodeos of the Profes- sional Rodeo Cowboy Association assist in the ranch owner’s herds. Rodeo is one ready have laws limiting the distribu- tion of products. If we don’t call the sustaining the sport of rodeo and in making of the few sports which early on al- such sport affordable and accessible to mil- lowed women to compete and to share Federal Government on this one, What lions of adult rodeo fans across America; in the prize money that is offered. will be next? (8) despite the enjoyment that millions of Today thousands of men, women, and This is not a product issue. It is an Americans derive from watching rodeo children hold dreams of winning a issue of personal freedom, and the right events, and the importance of such events to world championship buckle awarded to of westerners to enjoy our recreational the economies of the Western and South- the top performer in each event. pursuits. This legislation is for all western regions and of the United States, Federal agencies other than the Federal In recent months the continued good competitors, whether they are weekend cowboys or top rodeo stars. Their par- Trade Commission have proposed restric- fortune of the sport of rodeo has been tions upon the activities of sponsors, spon- threatened by the administration, ticipation in the sport of rodeo helps to sorship programs, or advertising connected through the transfer of authority for ensure the traditions and heritage of with rodeo events; and the control of products that sponsor the West. The popularity of western (9) such restrictions, if adopted will— both professional and local rodeos. The movies and rodeo demonstrates the fas- (A) jeopardize the continued financial via- President has taken steps to give con- cination that people the world over bility of professional rodeos; trol to the Food and Drug Administra- hold for the cowboy tradition. (B) result in a considerable financial loss In closing I would like to commend to tourism and other related industries; tion of the products that sponsor rodeo (C) interfere with the enjoyment of rodeo events throughout the Nation. This all the competitors that have struggled events by millions of American adults who agency has already stated that many of so hard in rodeos this year. This week attend rodeos annually; and the products that sponsor both profes- marks the culmination of all that ef- (D) impose unconstitutional limitations on sional and amateur sports will have to fort, as 15 of the top cowboys and cow- both commercial speech and the freedom of give up their right to advertise and girls meet in Las Vegas, NV to compete association of the membership of the Profes- support these events. This move could in the National Finals Rodeo. By this sional Rodeo Cowboys Association. send many entertainment events, like Sunday night the world champions will SEC. 3. PROHIBITION. rodeo, to an early grave. The cost to be determined in the following events: The Secretary of Health and Human Serv- Bareback and saddle bronc and bull ices and the Commissioner of Food and many of the small communities that Drugs shall have no authority under the Fed- host the hundreds of rodeos around the riding, team roping, calf roping, steer eral Food, Drug, and Cosmetic Act (21 U.S.C. country could be the end of their in- wrestling, and barrel racing. I tip my 301 et seq.) to regulate— volvement. hat to all the competitors and wish (1) activities of sponsors or sponsorship This is just one of the latest moves them a safe and good ride. And using a programs connected with— that have been made to regulate the term known among the cowboy circles (A) the Professional Rodeo Cowboy Asso- manner in which sporting events earn I say ‘‘Bare Down and Cowboy up.’’ ciation or its activities or events; or the money necessary to provide top en- I urge my colleagues to join with me (B) any other professional rodeo associa- in protecting the future of rodeo. tion or the agents or affiliates of such asso- tertainment. The restrictions the Gov- ciation or the activities or events of such as- ernment is seeking to impose would Mr. President, I ask unanimous con- sociation, agents, or affiliates; or limit, if not destroy, the long standing sent that the text of the bill be printed (2) advertising that is used or purchased relationship between rodeo and its in the RECORD. by, or that is in connection with—

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18234 CONGRESSIONAL RECORD — SENATE December 7, 1995 (A) the Professional Rodeo Cowboy Asso- with the increase in applications, pro- tion and it would be imprudent to insu- ciation or its activities or events; or ductivity will decline and potential late this responsibility in an unac- (B) any other professional rodeo associa- revenues will be lost. countable autonomous body. tion or the agents or affiliates of such asso- A large amount of the work per- Under the bill, the Commissioner of ciation or the activities or events of such as- sociation, agents, or affiliates. formed by the PTO requires specialized the Patent and Trademark Corpora- tion, or the PTC, will report to the SEC. 4. EFFECTIVE DATE. skills. The application of the Govern- This Act shall take effect as if enacted on ment-wide compensation and classi- Secretary of Commerce for trademark August 10, 1995. fication systems has constrained PTO’s and patent policy matters only. The ability to hire and maintain the best PTC will be free from departmental By Mr. LAUTENBERG: talent. For example, the classification meddling in the management of its S. 1458. A bill to amend the provi- system is too rigid to adequately ac- day-to-day activities, such as how sions of title 35, United States Code, to commodate many of the PTO’s unique many patent examiners need to be establish the Patent and Trademark positions. The resulting mis- hired, which computer system the PTC Corporation, and for other purposes; to classifications can mean lower posi- should buy, and how many buildings the Committee on the Judiciary. tions, making it more difficult to at- the PTC should occupy. This firewall THE PATENT AND TRADEMARK OFFICE REFORM tract experts from the private sector. addresses many of the criticisms lev- ACT OF 1995 Compounding this problem is the Gen- eled at the PTO over the years, but en- ∑ Mr. LAUTENBERG. Mr. President, eral Schedule, restrictions on pro- sures that attention to intellectual today I am introducing legislation, the motions, and the inability of the PTO property policy matters remains at the Patent and Trademark Office Reform to conduct its own personnel examina- Cabinet level. Act of 1995, that would establish the tions. Mr. President, let me describe briefly Patent and Trademark Office as a Gov- The PTO also has had serious pro- what my bill will do. The Commis- ernment corporation and make signifi- curement problems. The Office is sub- sioner of the Patent and Trademark cant improvements in its management. ject to various restrictions on its pro- Corporation shall, with the assistance These changes will free the Office curement activities, as provided in the of two deputies, manage the 5,000-plus from restrictive laws that have pre- Federal Property and Administrative employees and run this $600-plus mil- vented it from becoming as efficient as Services Act, the Brooks Act, and the lion entity. They will be able to do this its users and our economy demand. Ap- Public Buildings Act. These laws have without the constraints of the Brooks plications will be processed faster, top forced the PTO to endure lengthy and Act, the Public Buildings Act, and the talent will be hired and retained, nec- expensive procurement delays. For ex- Federal Property and Administrative essary state-of-the-art equipment will ample, a recent computer procurement Services Act. Like the private sector, be purchased, and office space will be took 2 years to complete. When the the new corporation will be able to ac- acquired or leased at more favorable PTO made the request, the technology quire computers, office space, and fur- terms. contained in this procurement was niture in a timely manner. All assets, Mr. President, the Patent and Trade- state of the art. However, by the time liabilities, contracts, property, unex- mark Office is in the business of exam- the PTO finally received the equip- pended and unobligated balances of ap- ining and granting patents and reg- ment, technology in this area had ad- propriations, and other funds made istering trademarks, a function impor- vanced significantly. available to the PTO will be trans- tant enough to warrant mention in Ar- It has been PTO’s experience that the ferred to the PTC. This includes those ticle 1 of our Constitution. The protec- process of procuring items in the $1 unappropriated funds contained in the tion of innovation provided by the PTO million range averages 12 to 18 months Treasury Department’s surcharge fee has helped create millions of jobs and at a cost of $100,000 to $200,000. The pri- account. is one of the reasons our country is so vate sector accomplishes such procure- The new PTC will be able to provide competitive and the most productive in ments in a few months at a fraction of its employees competitive wages and the world. the cost. benefits. It will not be subject to per- The services and products provided Another problem is that the PTO is sonnel ceilings, including those estab- by the PTO are paid for entirely by spread throughout 15 office buildings in lished in the Federal Workforce Re- user fees. Last year, the PTO received Crystal City, VA, which are leased structuring Act of 1994. During the more than 185,000 patent applications through the General Services Adminis- transition from the Patent and Trade- and 155,000 trademark applications. tration. This scattering of personnel mark Office to the Patent and Trade- PTO projects steady increases in both and operations is not only inconven- mark Corporation, all employees will types of applications into the next cen- ient, it is inefficient. Moreover, three be assured of work for 1 year. I under- tury. times in as many years, GSA appraised stand the concerns of PTO’s employees Unfortunately, the processing and this space at amounts not supported by who might view this bill as an effort to approval of applications has often been the market, and charged the PTO too downsize the Office, and want to assure delayed. These delays are due in part much. Congressional action was nec- them that this is not my intent nor the to a shortage of examiners and out-of- essary in all instances, resulting in a intent of the administration. Our ob- date equipment. As a result of these savings of $22.3 million. When the jective is to give the Commissioner dis- delays, inventors are being denied pro- PTO’s lease expires in 1996, it will re- cretion over the classification and tection of the fruits of their labor, and quire about one-half million square compensation systems so the PTC can further innovation is thus postponed. feet more than it currently has. PTO hire and keep top talent, not slash the My intent in offering this legislation has been negotiating with GSA and compensation of PTO’s employees. To is to enhance the PTO’s ability to proc- OMB for almost 6 years trying to reach assuage the concerns of the employees, ess and grant patents and register a resolution to this situation, but to no and those who might object to the 1- trademarks in a timely fashion. The avail. year carryover provision, I would again legislation responds to various man- Mr. President, this bill is one more emphasize that PTO projects a steady agement problems now facing the Of- step to reinvent our Government, an increase in both trademark and patent fice. important effort championed by the applications into the next century. Not First, the Office is now burdened Clinton administration. My legislation only is this a healthy sign for our econ- with unnecessary personnel regula- would enable the PTO to be run more omy, it is a good sign that PTO’s work- tions. As a component of the Depart- like a business. However, unlike a pri- ers are still very much needed. ment of Commerce, the PTO is subject vate-sector enterprise, PTO’s employ- Mr. President, although the PTC to the same personnel ceilings as other ees would remain Federal employees needs freedom from unreasonable bu- Commerce programs. While such ceil- and the Office would remain in the De- reaucratic redtape and regulations, we ings may make sense for other agencies partment of Commerce. This is an im- also must be careful to ensure that it or departments, they do not for the portant distinction because the grant- remains accountable, and is not subject PTO. If the PTO is prevented from ing of patents and registering of trade- to abuse. My bill contains sufficient making necessary hires to keep up marks is a necessary Government func- safeguards to ensure the PTC will not

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18235 be moving into luxurious offices, pay- I ask unanimous consent that a copy ‘‘(3) authorizing or conducting studies and ing outrageous sums to its employees, of the bill be printed in the RECORD. programs cooperatively with foreign patent or entering into sweetheart deals. There being no objection, the bill was and trademark offices and international or- These safeguards include oversight by ordered to be printed in the RECORD, as ganizations, in connection with the granting the Congress, an Inspector General, the follows: and issuing of patents and the registration of General Accounting Office, an advisory S. 1458 trademarks; and board, and users of the PTC’s services. Be it enacted by the Senate and House of Rep- ‘‘(4) disseminating to the public informa- Under the legislation, Congress will resentatives of the United States of America in tion with respect to patents and trademarks. continue to set the user fees for the Congress assembled, ‘‘(b) In order to accomplish the purposes of PTC. I know some would have preferred SECTION 1. SHORT TITLE. this title, the Corporation— to place this responsibility with the This Act may be cited as the ‘‘Patent and ‘‘(1) shall have perpetual succession; Commissioner, and perhaps we can re- Trademark Office Reform Act of 1995’’. ‘‘(2) shall adopt and use a corporate seal, SEC. 2. TABLE OF CONTENTS. visit this issue in several years after which shall be judicially noticed and with The table of contents for this Act is as fol- which letters patent, certificates of trade- we see how well the PTC is operating. lows: For now, however, I thought it best to mark registrations, and papers issued by the Sec. 1. Short title. Corporation shall be authenticated; keep the fee-setting authority with Sec. 2. Table of contents. ‘‘(3) may sue and be sued in its corporate Congress to ensure adequate oversight TITLE I—PATENT AND TRADEMARK name and be represented by its own attor- and accountability. CORPORATION neys in all judicial and administrative pro- The PTC also will have its own In- Sec. 101. Establishment, officers, and func- ceedings, as provided in section 8 of this spector General to investigate waste, tions of the Corporation. title; Sec. 102. Management report. fraud, and abuse. This person will be ‘‘(4) may indemnify the Commissioner, of- appointed by the Secretary to ensure a Sec. 103. Use of Corporation name and defi- nitions. ficers, attorneys, agents and employees (in- greater degree of independence. Addi- Sec. 104. Suspension or exclusion from prac- cluding members of the Advisory Board), of tionally, audits will be performed an- tice. the Corporation for liabilities and expenses nually by either an independent CPA Sec. 105. Fees. incurred within the scope of their employ- or the GAO. The results of these audits Sec. 106. Trademark Trial and Appeal Board. ment; shall be made public and will be sent to Sec. 107. Transfers. ‘‘(5) may adopt, amend, and repeal bylaws, Sec. 108. Transition provisions. Congress. Finally, the PTC is required, Sec. 109. Nonapplicability of Federal work- rules, and regulations, governing the manner by the Government Control Corpora- force reductions. in which its business will be conducted and tion Act, to submit annual manage- Sec. 110. Technical and conforming amend- the powers granted to it by law will be exer- ment reports to Congress and business- ments. cised, without regard to chapter 35 of title like budgets to the President. These re- TITLE II—MISCELLANEOUS PROVISIONS 44; ports and budgets must include state- Sec. 201. Separability. ‘‘(6) without regard to the provisions of the ments on cash flows, operations, finan- Sec. 202. Effective date. Federal Property and Administrative Serv- ices Act of 1949 (40 U.S.C. 471 et seq.); the cial position, and internal accounting TITLE I—PATENT AND TRADEMARK CORPORATION Public Buildings Act of 1959 (40 U.S.C. 601 et and administrative control systems. seq.), and sections 501 and 502 of the Stewart The Patent and Trademark Corpora- SEC. 101. ESTABLISHMENT, OFFICERS, AND B. McKinney Act (42 U.S.C. 11411 and 11412) tion Act would also have an advisory FUNCTIONS OF THE CORPORATION. Chapter 1 of title 35, United States Code, is may— board to represent the views of users amended by striking out sections 1, 2, 3, 4, 6, ‘‘(A) acquire, construct, purchase, lease, and other interested persons. The Sec- and 7 and inserting in lieu thereof the fol- hold, manage, operate, and alter any prop- retary would appoint members to the lowing: erty (real, personal, or mixed) or any inter- board for terms of 3 years as well as se- ‘‘§ 1. Establishment est therein, as it determines necessary in the lect the Chair. The board would review ‘‘(a) The Patent and Trademark Corpora- transaction of its business, and sell, lease, and advise the Commissioner on the tion is established as a wholly owned Gov- grant; and PTC’s performance, budget, and user ernment corporation subject to chapter 91 of ‘‘(B) dispose of such property, as it deems fees. Furthermore, the Commissioner is title 31, except as otherwise provided in this necessary to effectuate the purposes of this required to consult with the board title. The Corporation shall be within the title for periods of time or for terms as the prior to changing or proposing to Department of Commerce and shall be sub- Corporation determines necessary; ject to the Secretary for patent and trade- ‘‘(7)(A) may make purchases, contracts for change fees or regulations. The board mark policy direction. For purposes of inter- will submit an annual report con- the construction, alteration, maintenance, nal management, the Corporation shall be or management and operation of facilities taining its review of the PTC to the considered a corporate body apart from de- and contracts for the supplies or services, ex- President, Congress, and the Commis- partmental supervision, except as otherwise sioner. provided in this title. cept personal services, after advertising, in Mr. President, I have drafted this bill ‘‘(b) The Patent and Trademark Corpora- such manner and at such times sufficiently in consultation with the Patent and tion shall maintain an office for the service in advance of opening bids, as the Corpora- tion shall determine to be adequate to insure Trademark Office, the administration, of process in the District of Columbia, or the metropolitan area thereof, and shall be notice and an opportunity for competition, the National Academy of Public Ad- deemed, for purposes of venue in civil ac- except such advertising shall not be required ministration, the American Intellec- tions, to be a resident of the district in when the Corporation determines that— tual Property Law Association, the which its principal office is located. The Cor- ‘‘(i) the making of any such purchase or International Trademark Association, poration may establish offices in such other contract without advertising is necessary in the Intellectual Property Owners, Inc., place or places as it may deem necessary or the interest of furthering the purposes of the intellectual property section of the appropriate in the conduct of its business. this title; or ‘‘(c) For purposes of this title, the Patent American Bar Association, and the Na- ‘‘(ii) advertising is not reasonably prac- and Trademark Corporation shall also be re- ticable; and tional Treasury Employees Union. The ferred to as the ‘Corporation’. benefits resulting from this legislation ‘‘(B) may enter into and perform such pur- ‘‘§ 2. Powers and duties should be immediately apparent to the chases and contracts for printing services, to ‘‘(a) The Corporation shall have the powers include the process of composition, PTC’s users. Not only will their appli- and carry out the functions and duties that platemaking, presswork, silk screen proc- cations be processed and awarded at a are authorized by law with respect to— esses, binding, microform, and the products quicker rate, they will have input into ‘‘(1) the granting and issuing of patents how the corporation should be run. and the registration of trademarks; of such processes, as it determines necessary Furthermore, I believe that the PTC’s ‘‘(2) conducting studies, programs, or ex- to effectuate the functions of the Corpora- increased productivity will have a di- changes of items or services regarding do- tion, without regard to sections 501 through 517 and 1101 through 1123 of title 44; rect beneficial effect on our economy. mestic and international patent and trade- I hope my colleagues will support mark law or the administration of the Cor- ‘‘(8) may use, with their consent, services, equipment, personnel, and facilities of other this legislation and I look forward to poration, or any other matter included in the laws for which the Corporation is respon- civilian or military agencies and instrumen- working with Senator HATCH, the sible including the provision of this title, the talities of the Federal Government, on a re- chairman of the Judiciary Committee, Act of July 5, 1946 (commonly referred to as imbursable basis, and, on a similar basis, to and others as the process of reforming the Trademark Act of 1946 (15 U.S.C. 1051 et cooperate with such other agencies and in- the Patent and Trademark Office seq.)), and the Patent and Trademark Office strumentalities in the establishment and use moves forward. Reform Act of 1995;

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18236 CONGRESSIONAL RECORD — SENATE December 7, 1995 of services, equipment, and facilities of the matters relating to the operation of the Cor- ‘‘(B) The Deputy Commissioner for Patents Corporation; poration, and shall consult with the Board and the Deputy Commissioner for Trade- ‘‘(9) may obtain from the Administrator of before submitting budgetary proposals to the marks shall be— the General Services Administration such Office of Management and Budget or chang- ‘‘(i) the principal advisors to the Commis- services as the Administrator is authorized ing or proposing to change patent or trade- sioner on all aspects of the activities of the to provide to agencies of the United States, mark user fees or patent or trademark regu- Corporation that affect the administration on the same basis as those services are pro- lations; of patent and trademark operations, respec- vided to other agencies of the United States; ‘‘(D) inform the Secretary of studies and tively; and ‘‘(10) may use, with the consent of the programs conducted under section 2(a)(3); ‘‘(ii) principally responsible for managing agency, government, or organization con- ‘‘(E) advise the Secretary on all aspects of their respective patent and trademark units. cerned, the services, records, facilities, or intellectual property policy, legislation, and ‘‘(3) The Commissioner shall appoint an In- personnel of any State or local government issues; spector General and such other officers, em- agency or instrumentality or foreign govern- ‘‘(F) advise the Secretary on international ployees (including attorneys), and agents of ment or international organization to per- trade issues concerning intellectual prop- the Corporation as the Commissioner con- form necessary functions on the Corpora- erty; siders necessary to carry out its functions. tion’s behalf; ‘‘(G) promote in international trade the ‘‘(c)(1) Except as regards the Inspector ‘‘(11) may enter into and perform such con- United States industries that rely on intel- General, the Commissioner shall fix the com- tracts, leases, cooperative agreements, or lectual property; pensation of officers and employees in ac- other transactions with international, for- ‘‘(H) advise the Secretary of State, the cordance with the policy set forth in section eign and domestic public agencies and pri- United States Trade Representative, and 5301 of title 5 including compensation based vate organizations and persons as needed in other appropriate department and agency on performance. the conduct of its business and on such terms heads, subject to the authority of the Sec- ‘‘(2) Except as otherwise provided in this as it determines appropriate; retary, on international intellectual prop- title or any other provision of law, the basic ‘‘(12) may determine the character of and erty issues; pay of an officer or employee of the Corpora- the necessity for its obligations and expendi- ‘‘(I) advise Federal agencies on ways to im- tion for any calendar year may not exceed tures and the manner in which they shall be prove intellectual property protection in the annual rate of basic pay in effect for incurred, allowed, and paid, subject to the other countries through economic assistance level III of the Executive Schedule under sec- provisions of this title, the Act of July 5, 1946 and international trade; tion 5314 of title 5 or level ES–6 for the Sen- (commonly referred to as the Trademark Act ‘‘(J) review and coordinate all proposals by ior Executive Service under section 5332 of of 1946), and to laws specifically applicable to agencies to assist foreign governments and title 5, whichever is higher. Total compensa- wholly owned government corporations that international intergovernmental agencies in tion, including compensation based on per- are not specifically inconsistent with this improving intellectual property protection; formance (but not including benefits or con- title; ‘‘(K) carry on studies related to the effec- tributions to retirement systems), may not ‘‘(13) may retain and utilize all of its reve- tiveness of intellectual property protection exceed the equivalent of the basic rate of pay nues and receipts, including revenues from throughout the world; and for level I of the Executive Schedule under the sale, lease, or disposal of any property ‘‘(L) in coordination with the Department section 5312 of title 5. ‘‘(3) The Commissioner shall define the au- (real, personal, or mixed) or any interest of State, carry on studies cooperatively with thority and duties of such officers and em- therein, of the Corporation, including re- foreign intellectual property offices and ployees and delegate to them such of the search and development and capital invest- international intergovernmental organiza- powers vested in the Corporation as the ment, without apportionment under the pro- tions. ‘‘(3) The Commissioner shall serve a term Commissioner shall determine. visions of subchapter II of chapter 15 of title of 6 years, and such period thereafter until a ‘‘(d) The Corporation shall not be subject 31; successor is appointed and assumes office. to any administratively or statutorily im- ‘‘(14) shall have the priority of the United The Commissioner may be reappointed to posed limitation on positions or personnel, States with respect to the payment of debts subsequent terms. and no positions or personnel of the Corpora- out of bankrupt, insolvent, and decedents’ ‘‘(4) The Commissioner shall receive as tion shall be taken into account for purposes estates; basic compensation for a calendar year an of applying any such limitation, except to ‘‘(15) may accept monetary gifts or dona- amount not to exceed the equivalent of the the extent otherwise specifically provided by tions of services, or of property, real, per- annual rate of basic pay for level II of the statute with respect to the Corporation. sonal, mixed, tangible or intangible, in aid of Executive Schedule under section 5313 of ‘‘(e) Notwithstanding the provisions of any purposes authorized under this section; title 5 and, in addition, may receive as a title 5 (but subject to the Inspector General ‘‘(16) may execute, in accordance with its bonus awarded by the Secretary, an amount Act of 1978 (5 U.S.C. App.)), the Commis- bylaws, rules and regulations, all instru- up to the equivalent of the annual rate of sioner shall have sole and exclusive discre- ments necessary and appropriate in the exer- basic pay for such level II, based upon the tion— cise of any of its powers; Secretary’s evaluation of the Commis- ‘‘(1) over the establishment, amendment, ‘‘(17) may provide for liability insurance sioner’s performance— or repeal of any position classification sys- and insurance against any loss in connection ‘‘(A) as defined in an annual performance tem to determine the qualifications and pro- with its property, other assets or operations agreement between the Commissioner and cedures for appointment; any compensation either by contract or by self-insurance; and the Secretary incorporating measurable and award system except gainsharing, in- ‘‘(18) shall pay any settlement or judgment goals in such specific areas as productivity, cluding wages and compensation based on entered against it from the Corporation’s cycle times, efficiency, cost-reduction, inno- performance, and contributions of the Cor- own funds and not from the judgment fund vative ways of delivering patent and trade- poration to the retirement and benefits pro- established under section 1304 of title 31. mark services, and customer satisfaction, as grams, except that the Corporation’s con- ‘‘§ 3. Officers and employees delineated in an annual performance plan; tribution shall not be less than that paid for ‘‘(a)(1) The management of the Corporation and Federal employees under title 5; shall be vested in the Commissioner of Pat- ‘‘(B) as reflected in the annual report re- ‘‘(2) to fix and adjust rates of pay without ents and Trademarks, who shall be a citizen quired under section 14. regard to the provisions of chapter 53 of title of the United States and who shall be ap- ‘‘(5) The Commissioner shall, before taking 5 and abolish positions and lay off without pointed by the President, by and with the ad- office, take an oath to discharge faithfully regard to the provisions of chapter 35 of title vice and consent of the Senate. The Commis- the duties of the Corporation. 5 except that preference eligibility laws shall ‘‘(6) The Commissioner shall designate an sioner shall be a person who, by reason of apply in any layoff system; and officer of the Corporation who shall be vest- professional background and experience in ‘‘(3) to determine any supplement to bene- ed with the authority to act in the capacity patent and trademark law and of manage- of the Commissioner in the event of absence fits beyond those provided by statute. ‘‘(f) The following provisions of title 5 shall ment experience, is especially qualified to or incapacity of the Commissioner. manage the Corporation. ‘‘(b)(1) Officers and employees of the Cor- not apply to the Corporation or its officers ‘‘(2) The Commissioner shall— poration shall be officers and employees of and employees: ‘‘(A) be responsible for the management the United States as defined by sections 2104 ‘‘(1) Chapter 31 (employment authorities), and direction of the Corporation, including and 2105 of title 5, United States Code. except that the provisions of sections 3102 the granting and issuance of patents and the ‘‘(2)(A) The Commissioner shall appoint a and 3110 shall apply to the Corporation and registration of trademarks, and may dele- Deputy Commissioner for Patents and a Dep- its employees. gate these responsibilities to the officers and uty Commissioner for Trademarks for terms ‘‘(2) Chapter 33 (examination, selection, employees of the Corporation whose per- that shall expire on the date on which the and placement), except that the system of formance of these duties shall be subject to Commissioner’s term expires. The Deputy veterans’ preference established by chapter the Commissioner’s review; Commissioner for Patents shall be a person 33 shall apply to the Corporation and its em- ‘‘(B) report directly to the Secretary on with demonstrated experience in patent law ployees. patent and trademark policy matters; and the Deputy Commissioner for Trade- ‘‘(3) Chapter 35 (retention, restoration, and ‘‘(C) consult with the Advisory Board es- marks shall be a person with demonstrated reemployment). tablished in section 5 on a regular basis on experience in trademark law. ‘‘(4) Chapter 43 (performance appraisal).

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18237 ‘‘(5) Chapter 51 (classification). fore the effective date of the Patent and fective date of the Patent and Trademark Of- ‘‘(6) Chapter 53, subchapter 3 (general pay Trademark Office Reform Act of 1995 may fice Reform Act of 1995, and vacancies shall rates). serve as the Deputy Commissioner for Pat- be filled within 3 months after they occur. ‘‘(g)(1) Officers and employees shall remain ents until a Deputy Commissioner for Pat- ‘‘(b) Of those members of the Board speci- subject to chapters 83 (Civil Service Retire- ents has been appointed under subsection (b). fied in subsection (a)(1)(A) who are original ment System), 84 (Federal Employees Retire- ‘‘(C) The individual serving as the Assist- appointees, the Secretary shall designate 4 ment System), 87 (life insurance), and 89 ant Commissioner for Trademarks on the who shall serve for a term of 1 year, 4 who (health insurance) of title 5. The Corporation day before the effective date of the Patent shall serve for a term of 2 years, and 4 who may supplement the benefits provided under and Trademark Office Reform Act of 1995 shall serve for a term of 3 years. The term of chapters 83 and 84 of such title from time to may serve as Deputy Commissioner for members of the Board appointed after the ex- time. The Corporation also may change the Trademarks until a Commissioner has been piration of the terms of the first appointed application of chapters 87 and 89 of such title appointed under subsection (b). members of the Board shall be 3 years. The to its officers and employees, except that ‘‘(j) For purposes of appointment to a posi- Secretary shall appoint an individual to such changes, in their aggregate, shall not tion in the competitive service for which an serve the unexpired term of a member who officer or employee of the Corporation is result in life and health benefits which are withdraws or otherwise is unable to serve for qualified, such officer or employee shall— less favorable to officers and employees than the full term. those offered under chapters 87 and 89. ‘‘(1) not forfeit any competitive status, ac- ‘‘(c) Members of the Board specified in sub- ‘‘(2) The Corporation shall withhold pay quired by such officer or employee before the section (a)(1)(B) shall be special Government and make such payments as are required effective date of the Patent and Trademark employees within the meaning of section 202 under the Federal disability and retirement Office Reform Act of 1995, by reason of be- of title 18. Members of the Board specified in system for the Government’s share of the coming an officer or employee of the Cor- subsection (a)(1)(B) shall serve on a part- cost of the Civil Service Retirement System poration under subsection (i)(1); or time basis and shall be compensated at a per or the Federal Employees Retirement Sys- ‘‘(2) if not covered by paragraph (1), ac- diem rate equivalent to level III of the Exec- tem applicable to the Corporation’s employ- quire competitive status after completing at utive Schedule under section 5314 of title 5, ees and their beneficiaries. The Corporation least 1 year of continuous service under a in addition to reimbursement of reasonable shall also contribute to the employees’ com- nontemporary appointment to a position incurred expenses when engaged in perform- pensation fund, on the basis of annual bil- within the Corporation (taking into account ance of duties vested in the Board. lings as determined by the Secretary of such service, performed before the effective ‘‘(d) The Board shall— Labor, for the benefit payments made from date described in paragraph (1), as may be ‘‘(1) review the Corporation’s policies, such fund on account of the Corporation’s appropriate). goals, performance, budget, and user fees and ‘‘(k) All orders, determinations, rules, and employees. The annual billings shall also in- advise the Commissioner on these matters regulations regarding compensation and ben- clude a statement of the fair portion of the and any other matter that the Commissioner efits and other terms and conditions of em- cost of administration of the respective refers to the Board; ployment in effect for the Office and its offi- funds, which shall be paid into the Treasury ‘‘(2) within 60 days after the end of each cers and employees on the day before the ef- as miscellaneous receipts. fiscal year, prepare an annual report on the ‘‘(h)(1) Chapter 71 of title 5 shall apply with fective date of the Patent and Trademark Of- fice Reform Act of 1995 shall continue in ef- matters referred to in paragraph (1), trans- respect to the Corporation and its employ- mit the report to the President, the Commis- ees. fect with respect to the Corporation and its officers and employees until modified, super- sioner, and the Committees on the Judiciary ‘‘(2) The Corporation and employees may of the Senate and the House of Representa- bargain with respect to the establishment, seded, or set aside by the Corporation or a court of competent jurisdiction or by oper- tives, and publish the report in the Patent amendment, or repeal of— and Trademark Office Official Gazette; and ‘‘(A) any position classification system; ation of law. The collective bargaining agreements between the Patent and Trade- ‘‘(3) meet at least quarterly, as provided by ‘‘(B) any compensation system, including the bylaws of the Corporation, and at any wages and compensation based on perform- mark Office and the National Treasury Em- ployees Union 243, dated March 13, 1993, the time at the request of the Commissioner. ance, and contribution of the Corporation to Patent and Trademark Office and the Na- ‘‘(e)(1) The Corporation shall provide at the the retirement and benefits program; and tional Treasury Employees Union 245, dated request of the Board such assistance as is ‘‘(C) any system to determine qualifica- July 20, 1993, and the Patent and Trademark necessary for the Board to perform its func- tions and procedures for employment; Office and the Patent Office Professional As- tions. in the same manner and to the same extent ‘‘(2) Members of the Board shall be pro- as under a Federal Labor Relations Author- sociation, dated October 6, 1986, as well as the recognition of the three units, shall re- vided access to records and information of ity holding, in effect on the day before the main in effect until modified, superseded, or the Corporation, except for personnel or effective date of the Patent and Trademark set aside by the parties. other privileged information and informa- Office Reform Act of 1995, with regard to the tion concerning patent applications required ‘‘§ 4. Restrictions on officers and employees negotiability of such matters, unless such to be kept in confidence by section 122 of this as to interest in patents holding is overturned or modified by a Fed- title. eral court. ‘‘Officers and employees of the Patent and ‘‘(f) The provisions of the Federal Advisory ‘‘(i)(1) On the effective date of the Patent Trademark Corporation shall be incapable, Committee Act (5 U.S.C. App.) shall not and Trademark Office Reform Act of 1995, all during the period of their appointments and apply to any activities of the Board, except for 1 year thereafter, of applying for a patent officers and employees of the Patent and that members shall be considered to be serv- and of acquiring, directly or indirectly, ex- Trademark Office on the day before such ef- ing on an advisory committee within the cept by inheritance or bequest, any patent or fective date shall become officers and em- meaning of the Federal Advisory Committee any right or interest in any patent, issued or ployees of the Corporation without a break Act for purposes of section 208(b)(3) of title to be issued by the Corporation. In patents in service. 18. ‘‘(2) No officer or employee of the Office applied for thereafter they shall not be enti- who becomes an officer or employee of the tled to any priority date earlier than 1 year ‘‘§ 6. Suits by and against the Corporation Corporation shall, for a period of 1 year after after the termination of their appointment. ‘‘(a)(1) Any civil action, suit, or proceeding the effective date of the Patent and Trade- ‘‘§ 5. Advisory Board to which the Corporation is a party is mark Office Reform Act of 1995, be subject to ‘‘(a)(1) There is established an Advisory deemed to arise under the laws of the United separation or to any reduction in compensa- Board of the Corporation, which shall consist States. Exclusive jurisdiction over all civil tion as a consequence of the establishment of of thirteen members, as follows: actions by or against the Corporation is in the Corporation. ‘‘(A) The Commissioner of Patents and the Federal courts as provided by law. For ‘‘(3) The amount of sick and annual leave Trademarks, ex officio. purposes of filing suits, the Commissioner and compensatory time accumulated under ‘‘(B) Twelve members appointed by the shall be the head of the Corporation. title 5 prior to the effective date of the Pat- Secretary who shall be United States citi- ‘‘(2) Any action, suit, or proceeding against ent and Trademark Office Reform Act of zens of high integrity and demonstrated ac- the Corporation founded upon contract shall 1995, by officers and employees of the Office complishment in a variety of fields, includ- be subject to the limitations and exclusive who become officers and employees of the ing, finance, labor relations, consumer af- remedy provided in sections 1346(a)(2) and Corporation under this section shall be obli- fairs, academia, large and small business or 1491 through 1509 of title 28, whether or not gations of the Corporation. as an independent inventor. At least 6 shall such contract claims are cognizable under ‘‘(4)(A) The individual serving as the Com- have strong backgrounds in patents or trade- sections 507, 1346, 1402, 1491, 1496, 1497, 1501, missioner of Patents and Trademarks on the marks. 1503, 2071, 2072, 2411, 2501, and 2512 of title 28. day before the effective date of the Patent ‘‘(2) No other person may substitute for a For purposes of the Contract Disputes Act of and Trademark Office Reform Act of 1995 member of the Advisory Board. 1978, the Commissioner shall be deemed to be may serve as the Commissioner until a Com- ‘‘(3) The Secretary shall designate the the agency head with respect to contract missioner has been appointed under sub- chair of the Board, whose term as chair shall claims arising with respect to the Corpora- section (a). be for 3 years. tion. ‘‘(B) The individual serving as the Assist- ‘‘(4) Initial appointments to the Board ‘‘(3) Any action, suit, or proceeding against ant Commissioner for Patents on the day be- shall be made within 3 months after the ef- the Corporation founded upon tort shall be

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18238 CONGRESSIONAL RECORD — SENATE December 7, 1995 subject to the limitations and exclusive rem- ‘‘§ 7. Board of Patent Appeals and Inter- tence the following: ‘‘The Commissioner edies provided in sections 1346(a) and 2671 ferences shall have the discretion to designate any at- through 2680 of title 28, whether or not such ‘‘(a) There shall be in the Patent and torney who is an officer or employee of the tort claims are cognizable under section Trademark Corporation a Board of Patent Patent and Trademark Corporation to con- 1346(b) of title 28. Appeals and Interferences. The Commis- duct the hearing required by this section.’’. ‘‘(4) Any action, suit, or proceeding against sioner, the officer principally responsible for SEC. 105. FEES. the Corporation based upon an alleged viola- the examination of patents, the officer prin- (a) IN GENERAL.—Chapter 4 of title 35, tion of section 717 of the Civil Rights Act of cipally responsible for the examination of United States Code, is amended by striking 1964 (42 U.S.C. 2000e–16), section 15 of the Age trademarks, and the examiners-in-chief shall out section 42 and inserting in lieu thereof Discrimination in Employment Act of 1967 constitute the Board. The examiners-in-chief the following: (29 U.S.C. 633a), title V of the Rehabilitation shall be persons of competent legal knowl- ‘‘§ 42. Patent and Trademark Corporation Act of 1973 (29 U.S.C. 791 et seq.) or section edge and scientific ability. funding 6(d) of the Fair Labor Standards Act of 1938 ‘‘(b) The Board of Patent Appeals and ‘‘(a) All fees for services performed by or (29 U.S.C. 206(d)) shall be subject to the limi- Interferences shall, on written appeal of an materials furnished by the Patent and tations and exclusive remedies provided for applicant, review adverse decisions of exam- Trademark Corporation will be payable to other Federal Government executive agen- iners upon applications for patents and shall the Corporation. cies for a violation of such section or title. determine priority and patentability of in- ‘‘(b)(1) Moneys of the Corporation not oth- ‘‘(5) No attachment, garnishment, lien, or vention in interferences declared under sec- erwise used to carry out the functions of the similar process, intermediate or final, in law tion 135(a) of this title (35 U.S.C. 135(a)). Corporation shall be kept in cash on hand or or equity, may be issued against property of Each appeal and interference shall be heard on deposit, or invested in obligations of the the Corporation. by at least 3 members of the Board, who United States or guaranteed thereby, or in ‘‘(6) The Corporation shall be substituted shall be designated by the Commissioner. obligations or other instruments which are as defendant in any civil action, suit, or pro- Only the Board of Patent Appeals and Inter- lawful investments for fiduciary, trust, or ceeding against an employee of the Corpora- ferences may grant rehearings.’’. public funds. ‘‘(2) Fees available to the Commissioner tion, if the Corporation determines that the SEC. 102. MANAGEMENT REPORT. under this title shall be used exclusively for employee was acting within the scope of the Section 14 of title 35, United States Code, the processing of patent applications and for employee’s employment with the Corpora- is amended to read as follows: other services and materials relating to pat- tion. If the Corporation refuses to certify ‘‘§ 14. Annual report to Congress ents. Fees available to the Commissioner scope of employment, the employee may at ‘‘The Corporation shall prepare and submit under section 31 of the Act of July 5, 1946 any time before trial, petition the court to to the Congress an annual management re- find and certify that the employee was act- (commonly referred to as the ‘Trademark port as required under section 9106 of title ing within the scope of the employee’s em- Act of 1946’) (15 U.S.C. 1113) shall be used ex- 31.’’. ployment. Upon certification by the court, clusively for the processing of trademark the Corporation shall be substituted as the SEC. 103. USE OF CORPORATION NAME AND DEFI- registrations and for other services and ma- party defendant. A copy of the petition shall NITIONS. terials relating to trademarks. ‘‘(c) The Corporation is authorized to issue be served upon the Corporation. Chapter 1 of title 35, United States Code, is amended by inserting after section 14 the fol- from time to time for purchase by the Sec- ‘‘(b)(1) Except as further provided in this lowing new sections: retary of the Treasury its debentures, bonds, section, in relation to all judicial pro- notes, and other evidences of indebtedness ‘‘§ 15. Use of Corporation name ceedings in which the Corporation or an em- (collectively referred to as ‘obligations’) in ployee is a party or in which the Corporation ‘‘No individual, association, partnership, an amount not exceeding $2,000,000,000 out- is interested and which arise from or relate or corporation, except the Corporation, shall standing at any one time, to assist in financ- to employees acting within the scope of their hereafter use the words ‘United States Pat- ing its activities. Such obligations shall be employment, torts, contracts, property, reg- ent and Trademark Corporation’, ‘Patent redeemable at the option of the Corporation istration of patent and trademark practi- and Trademark Office’, or any combination before maturity in the manner stipulated in tioners, patents or trademarks, or fees, the of such words, as the name or part thereof such obligations and shall have such matu- Corporation may exercise, without prior au- under which such individual or entity shall rity as is determined by the Corporation thorization from the Attorney General, the do business. Violations of the foregoing may with the approval of the Secretary of the authorities and duties that otherwise would be enjoined by any Federal court at the suit Treasury. Each such obligation issued to the be exercised by the Attorney General on be- of the Corporation. In any such suit, the Cor- Treasury shall bear interest at a rate not half of the Corporation under title 28 and poration shall be entitled to statutory dam- less than the current yield on outstanding other laws. In all other judicial proceedings ages of $1,000 for each day during which such marketable obligations of the United States in which the Corporation or an employee of violation continues or is repeated and, in ad- of comparable maturity during the month the Corporation is a party or is interested, dition, may recover actual damages flowing preceding the issuance of the obligation as the Corporation may exercise these authori- from such violation. determined by the Secretary of the Treas- ties and duties only after obtaining author- ‘‘§ 16. Definitions ury. The Secretary of the Treasury shall pur- ization from the Attorney General. ‘‘For purposes of this title: chase any obligations of the Corporation ‘‘(2) The Attorney General may file an ap- ‘‘(1) The term ‘Advisory Board’ means the issued hereunder and for such purpose the pearance on behalf of the Corporation or an Advisory Board of the United States Patent Secretary of the Treasury is authorized to employee of the Corporation, without the and Trademark Corporation. use as a public debt transaction the proceeds consent of the Corporation, in any suit in ‘‘(2) The term ‘Commissioner’ means the of any securities issued under chapter 31 of which the Corporation is a party and rep- Commissioner of the United States Parent title 31, and the purposes for which securities resent the Corporation with exclusive au- and Trademark Corporation. may be issued under that chapter are ex- thority in the conduct, settlement, or com- ‘‘(3) The term ‘Corporation’ means the tended to include such purpose. Payment promise of that suit. United States Patent and Trademark Cor- under this section of the purchase price of ‘‘(3) The Corporation may consult with the poration. such obligations of the Corporation shall be Attorney General concerning any legal mat- ‘‘(4) The term ‘intellectual property’ shall treated as public debt transactions of the ter, and the Attorney General shall provide include rights in inventions; in trademarks, United States. advice and assistance to the Corporation, in- service marks, and commercial names and ‘‘§ 43. Audits cluding representing the Corporation in liti- designations; in literary, artistic and sci- ‘‘(a) Financial statements of the Corpora- gation, if requested by the Corporation. entific works; in performances of performing tion shall be prepared on an annual basis in ‘‘(4) The Attorney General shall represent artists, phonograms and broadcasts; in in- accordance with generally accepted account- the Corporation in all cases before the dustrial designs; in trade secrets and sci- ing principles and shall be made publicly United States Supreme Court. entific discoveries; in semiconductor chip available in a timely manner. Such state- ‘‘(5) An attorney admitted to practice to layout designs; in geographical indications; ments shall be audited by an independent the bar of the highest court of at least one and all other rights resulting from intellec- certified public accountant chosen by the State in the United States or the District of tual activity in the industrial, scientific, lit- Secretary. The audit shall be conducted in Columbia and appointed by the Corporation erary, or artistic fields. accordance with standards that are con- may represent the Corporation in any legal ‘‘(5) The terms ‘Patent and Trademark Of- sistent with generally accepted government proceeding in which the Corporation or an fice’ and ‘Office’ mean the Patent and Trade- auditing standards and other standards es- employee of the Corporation is a party or in- mark Office of the Department of Commerce. tablished by the Comptroller General, and terested, regardless of whether the attorney ‘‘(6) The term ‘Secretary’ means the Sec- with the private sector’s generally accepted is a resident of the jurisdiction in which the retary of Commerce.’’. auditing standards, to the extent feasible. proceeding is held and notwithstanding any SEC. 104. SUSPENSION OR EXCLUSION FROM Upon the completion of the audit required by other prerequisites of qualification or ap- PRACTICE. this subsection, the person who audits the pearance required by the court or adminis- Section 32 of title 35, United States Code, statement shall submit a report on the audit trative body. is amended by inserting before the last sen- to the Congress and the Corporation.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18239 ‘‘(b) The Comptroller General may review SEC. 107. TRANSFERS. SEC. 110. TECHNICAL AND CONFORMING AMEND- any audit of the Corporation’s financial (a) FUNCTIONS.—Except as otherwise pro- MENTS. statements conducted under subsection (a). vided in this Act, there are transferred to, (1) Section 500(e) of title 5, United States The Comptroller General shall report to the and vested in, the United States Patent and Code, is amended by striking out ‘‘the Pat- Congress and the Corporation the results of Trademark Corporation all functions, pow- ent Office’’ and inserting in lieu thereof ‘‘the any such review and shall include in such re- ers, and duties vested by law in the Sec- United States Patent and Trademark Cor- port appropriate recommendations. retary of Commerce or the Department of poration’’. ‘‘(c) The Comptroller General may audit Commerce or in officers or components in (2) Section 5102(c)(23) of title 5, United the financial statements of the Corporation the Department with respect to the author- States Code, is amended by striking out and such audit shall be in lieu of the audit ity to grant patents and register trade- ‘‘Patent and Trademark Office’’ and insert- required by subsection (a). The Corporation marks, and the Patent and Trademark Of- ing in lieu thereof ‘‘United States Patent shall reimburse the Comptroller General for fice, and in the officers and components of and Trademark Corporation’’. the cost of any audit conducted under this such Office. (3) Section 5313 of title 5, United States subsection. (b) ASSETS.—The Secretary of Commerce is Code, is amended by adding at the end there- ‘‘(d) All books, financial records, report authorized and directed, without need of fur- of the following: files, memoranda, and other property that ther appropriation, to transfer to the United ‘‘Commissioner of Patents and Trade- the Comptroller General deems necessary for States Patent and Trademark Corporation, marks, United States Patent and Trademark the performance of any audit shall be made on the effective date of this title, those as- available to the Comptroller General. Office, Department of Commerce.’’. sets, liabilities, contracts, property, records, (4) Section 5315 of title 5, United States ‘‘(e) This section shall apply to the Cor- and unexpended and unobligated balances of poration in lieu of the provisions of section Code, is amended by adding at the end there- appropriations, authorizations, allocations, of the following: 9105 of title 31.’’. and other funds employed, held, used, arising (b) SURCHARGE FUND.—(1) On the effective ‘‘Inspector General, United States Patent from, available or to be made available to date of this Act, there are transferred to the and Trademark Corporation.’’. the Department of Commerce (inclusive of Patent and Trademark Office those residual (5) Section 5316 of title 5, United States funds set aside for accounts receivable which and unappropriated balances remaining as of Code (5 U.S.C. 5316), is amended by striking are related to functions, powers, and duties the effective date within the Patent and out the items relating to Commissioner of which are vested in the Corporation by this Trademark Office Surcharge Fund estab- Patents, Department of Commerce, Deputy title). lished by section 10101(b) of the Omnibus Commissioner for Patents, Assistant Com- Budget Reconciliation Act of 1990 (35 U.S.C. SEC. 108. TRANSITION PROVISIONS. missioner for Patents, and Assistant Com- 41 note). (a) CONTRACTS AND AGREEMENTS.—Except missioner for Trademarks. (2) Notwithstanding any other provision of as otherwise provided in this Act, all con- (6) Section 8G(a)(2) of the Inspector Gen- law, effective on and after October 1, 1998, tracts, agreements, leases and other business eral Act of 1978 (5 U.S.C. App.) is amended by section 10101 of the Omnibus Reconciliation instruments, licenses, permits, and privi- inserting ‘‘the United States Patent and Act of 1990 (35 U.S.C. 41 note) shall cease to leges that have been afforded to the Patent Trademark Corporation,’’ before ‘‘and the apply to the revenues of the Corporation. and Trademark Office before the effective United States Postal Service’’. (c) TECHNICAL AND CONFORMING AMEND- date of this Act, shall continue in effect as if (7) Section 13 of title 35, United States MENTS.—(1) The table of sections for chapter the United States Patent and Trademark Code, is amended by striking out ‘‘at the Corporation had executed such contracts, 4 of title 35, United States Code, is amended rate for each year’s issue established for this agreements, leases, or other business instru- by striking out the item relating to section purpose in section 41(d) of this title’’. ments which have been made in the exercise 42 and inserting in lieu thereof the following: (8) The provisions of the Act of July 5, 1946 of functions which are transferred to the ‘‘42. Patent and Trademark Corporation (commonly referred to as the Trademark Act Corporation by this Act. funding. of 1946) (15 U.S.C. 1051 et seq.), other than (b) RULES.—Until changed by the United ‘‘43. Audits.’’. section 29, are amended by striking out States Patent and Trademark Corporation, (2) Section 10101 of the Omnibus Reconcili- ‘‘Patent and Trademark Office’’ and ‘‘United any procedural and administrative rules ap- ation Act of 1990 (35 U.S.C. 41 note) is amend- States Patent and Trademark Office’’ each plicable to particular functions over which ed— place such terms appear and inserting in (A) in subsection (a), by striking out ‘‘sub- the Corporation acquires jurisdiction on the effective date of this Act shall continue in each such place ‘‘United States Patent and sections (a) and (b) of’’; Trademark Corporation’’. (B) in paragraphs (1)(A) and (2)(A) of sub- effect with respect to such particular func- tions. (9) The Act of July 5, 1946 (commonly re- section (b), by striking out ‘‘Patent and ferred to as the Trademark Act of 1946) is (c) APPLICATION OF DEPARTMENT RULES TO Trademark activities in the Department of amended in section 12(a) (15 U.S.C. 1062(a)) by Commerce’’ and inserting in lieu thereof CORPORATION.—Unless otherwise provided by this Act, as related to the functions vested striking out ‘‘shall refer the application to ‘‘United States Patent and Trademark Cor- the examiner in charge of the registration of poration’’; in the United States Patent and Trademark Corporation by this Act, all orders, deter- marks’’. (C) in subsection (b), by striking out ‘‘Pat- (10) Section 4 of the Act of February 14, ent and Trademark Office’’ each place it ap- minations, rules, regulations, and privileges of the Department shall cease to apply to the 1903 (15 U.S.C. 1511) is amended by striking pears and inserting in each such place out ‘‘Patent and Trademark Office’’. ‘‘United States Patent and Trademark Cor- Corporation on the effective date of this Act, except for those which the Corporation de- (11) Section 19 of the Tennessee Valley Au- poration’’; and thority Act of 1933 (16 U.S.C. 831r) is amended (D) in subsection (c), by striking out termines shall continue to be applicable. (d) PENDING PROCEEDINGS.—Except as oth- by striking out ‘‘Patent and Trademark Of- ‘‘Commissioner of Patents and Trademarks’’ fice of the United States’’ and inserting in and inserting in lieu thereof ‘‘Commissioner erwise provided in this Act, the transfer of functions related to and vested in the United lieu thereof ‘‘United States Patent and of the United States Patent and Trademark Trademark Corporation’’. Corporation’’. States Patent and Trademark Corporation by this Act shall not affect judicial, adminis- (12) Section 2320(d)(1)(A)(ii) of title 18, SEC. 106. TRADEMARK TRIAL AND APPEAL United States Code, is amended by striking BOARD. trative, or other proceedings which are pend- out ‘‘United States Patent and Trademark Section 17 of the Act of July 5, 1946 (com- ing at the time this Act takes effect, and Office’’ and inserting in lieu thereof ‘‘United monly referred to as the Trademark Act of such proceedings shall be continued by the 1946) (15 U.S.C. 1067) is amended to read as Corporation. States Patent and Trademark Corporation’’. follows: (e) REFERENCES.—Reference in any other (13) Section 526 of the Tariff Act of 1930 (19 ‘‘SEC. 17. (a) In every case of interference, Federal law, Executive order, rule, regula- U.S.C. 1526(a)) is amended by striking out opposition to registration, application to tion, or delegation of authority, or any docu- ‘‘Patent and Trademark Office’’ and insert- register as a lawful concurrent user, or appli- ment of or relating to— ing in lieu thereof ‘‘United States Patent cation to cancel the registration of a mark, (1) the Commissioner of Patents and Trade- and Trademark Corporation’’. the Commissioner shall give notice to all marks shall be deemed to refer to the Com- (14) The Joint Resolution approved April parties and shall direct a Trademark Trial missioner of the United States Patent and 12, 1892 (20 U.S.C. 91) is amended by striking and Appeal Board to determine and decide Trademark Corporation; and out ‘‘Patent Office’’ and inserting in lieu the respective rights of registration. (2) the Patent and Trademark Office shall thereof ‘‘United States Patent and Trade- ‘‘(b) The Trademark Trial and Appeal be deemed to refer to the United States Pat- mark Corporation’’. Board shall include the Commissioner, the ent and Trademark Corporation. (15) Section 505(m) of the Federal Food, officer principally responsible for the exam- SEC. 109. NONAPPLICABILITY OF FEDERAL Drug, and Cosmetic Act (21 U.S.C. 355(m)) is ination of trademarks, the officer principally WORKFORCE REDUCTIONS. amended by striking out ‘‘Patent and Trade- responsible for the examination of patents, No full-time equivalent position in the mark Office of the Department of Com- and members competent in trademark law, Patent and Trademark Corporation shall be merce’’ and inserting in lieu thereof ‘‘United who are appointed by the Commissioner of eliminated to meet the requirements of sec- States Patent and Trademark Corporation’’. the United States Patent and Trademark tion 5 of the Federal Workforce Restruc- (16) Section 512(o) of the Federal Food, Corporation.’’. turing Act of 1994 (5 U.S.C. 3101 note). Drug, and Cosmetic Act (21 U.S.C. 360b(o)) is

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18240 CONGRESSIONAL RECORD — SENATE December 7, 1995 amended by striking out ‘‘Patent and Trade- ‘‘15. Use of Corporation name. Representatives, I introduced legisla- mark Office of the Department of Com- ‘‘16. Definitions.’’. tion to establish a dolphin safe label merce’’ and inserting in lieu thereof ‘‘United (28) Section 302 of title 35, United States for tuna sold in the United States. The States Patent and Trademark Corporation’’. Code, is amended in the second sentence by companion Senate bill was introduced (17) Section 702(d) of the Federal Food, inserting ‘‘established’’ before ‘‘pursuant’’. Drug, and Cosmetic Act (21 U.S.C. 372(d)) is (29) Sections 371(c)(1) and 376(a) of title 35, by my colleague the distinguished jun- amended by striking out ‘‘Commissioner of United States Code, are amended by striking ior Senator from Delaware, JOE BIDEN. Patents’’ and inserting in lieu thereof ‘‘Com- out ‘‘provided’’ and inserting in lieu thereof In 1990, our bill—the Dolphin Protec- missioner of Patents and Trademarks’’. ‘‘established under’’. tion Consumer Information Act—be- (18) Section 501(b)(1) of the Jobs Through (30) Section 602 of the Federal Property came law. Trade Expansion Act of 1994 (22 U.S.C. 2151t– and Administrative Services Act of 1949 (40 This year, on October 4, the United 1(b)(1)) is amended by striking out ‘‘Patent U.S.C. 474) is amended by inserting after States and 11 other nations—Belize, and Trademark Office’’ and inserting in lieu paragraph (21) the following new paragraph: Colombia, Costa Rica, Ecuador, thereof ‘‘United States Patent and Trade- ‘‘(22) the United States Patent and Trade- France, Honduras, Panama, Spain, mark Corporation’’. mark Corporation,’’. Mexico, Vanuatu, and Venezuela— (19) Section 2 of the Act of August 27, 1935 (31) Section 151 (c) and (d) of the Atomic (25 U.S.C. 305a) is amended by striking out Energy Act of 1954 (42 U.S.C. 2181 (c) and (d)) signed the Declaration of Panama, an ‘‘Patent and Trademark Office’’ and insert- are each amended by striking out ‘‘Commis- international agreement to manage ing in lieu thereof ‘‘United States Patent sioner of Patents’’ and inserting in lieu tuna fishing in the Eastern Tropical and Trademark Corporation’’. thereof ‘‘Commissioner of Patents and Pacific. That agreement calls for (20) Section 105(e) of the Federal Alcohol Trademarks’’. changes in U.S. dolphin protection Administration Act (27 U.S.C. 205(e)) is (32) Section 160 of the Atomic Energy Act laws—including in our 1990 Dolphin amended by striking out ‘‘Patent Office’’ and of 1954 (42 U.S.C. 2190) is amended by striking Protection Act. inserting in lieu thereof ‘‘United States Pat- out ‘‘Patent Office’’ and inserting in lieu Today, Senator BIDEN and I are intro- ent and Trademark Corporation’’. thereof ‘‘United States Patent and Trade- ducing legislation—the Dolphin Pro- mark Corporation’’. (21) Section 1295(a)(4) of title 28, United tection and Consumer Information Act States Code, is amended by striking out (33) Section 305(c) of the National Aero- ‘‘Patent and Trademark Office’’ and insert- nautics and Space Act of 1958 (42 U.S.C. of 1995—that will implement all of the ing in lieu thereof ‘‘United States Patent 2457(c)) is amended by striking out ‘‘Commis- positive aspects of the Panama Dec- and Trademark Corporation’’. sioner of Patents’’ and inserting in lieu laration, while maintaining the cur- (22) Section 1744 of title 28, United States thereof ‘‘Commissioner of Patents and rent labelling requirements that allow Code, is amended— Trademarks’’. only truly dolphin safe tuna to be sold (A) in the section heading by striking out (34) Section 12(a) of the Solar Energy Re- in the United States. ‘‘Patent Office’’ and inserting in lieu thereof search, Development, and Demonstration The signers and supporters of the ‘‘United States Patent and Trademark Of- Act of 1974 (42 U.S.C. 5510(a)) is amended by Panama Declaration want other coun- fice’’; striking out ‘‘Commissioner of Patent Of- tries to be able to sell tuna in the (B) by striking out ‘‘Patent Office’’ each fice’’ and inserting in lieu thereof ‘‘Commis- place such term appears and inserting in lieu sioner of Patents and Trademarks’’. United States market. We agree—as thereof ‘‘United States Patent and Trade- (35) Section 1111 of title 44, United States long as they catch that tuna by dolphin mark Corporation’’; and Code, is amended by striking out ‘‘Commis- safe methods as prescribed by the 1990 (C) by striking out ‘‘Commissioner of Pat- sioner of Patents’’ and inserting in lieu Act. Our bill will lift the U.S. country- ents’’ and inserting in lieu thereof ‘‘Commis- thereof ‘‘Commissioner of Patents and by-country tuna embargo to give all sioner of Patents and Trademarks’’. Trademarks’’. tuna fishermen the opportunity to ex- (23) Section 1745 of title 28, United States (36) Section 1123 of title 44, United States port to the United States market as Code, is amended by striking out ‘‘United Code, is amended by striking out ‘‘the Pat- long as they use dolphin safe practices. States Patent Office’’ and inserting in lieu ent Office,’’. We believe this will open United States thereof ‘‘United States Patent and Trade- (37) Section 1114 of title 44, United States mark Corporation’’. Code, is amended by striking out ‘‘Commis- markets and comply with international (24) Section 1928 of title 28, United States sioner of Patents,’’. trade agreements without gutting U.S. Code, is amended by striking out ‘‘Patent Of- (38)(A) Sections 1337 and 1338 of title 44, dolphin protection laws. fice’’ and inserting in lieu thereof ‘‘United United States Code, are repealed. As defined in the 1990 Act, dolphin States Patent and Trademark Corporation’’. (B) The table of sections for chapter 13 of safe tuna fishing means that dolphins (25) Section 9101(3) of title 31, United title 44, United States Code, is amended by were not chased or encircled with nets States Code, is amended by adding at the end striking out the items relating to sections during a tuna fishing trip. The $1 bil- thereof: 1337 and 1338. lion U.S. canned tuna market is a dol- ‘‘(O) the United States Patent and Trade- (39) Section 10(i) of the Trading with the phin safe market and consumers know Enemy Act (50 U.S.C. App. 10) is amended by mark Corporation.’’. that the dolphin safe label means that (26) The provisions of title 35, United striking out ‘‘Commissioner of Patents’’ and States Code, are amended by striking out inserting in lieu thereof ‘‘Commissioner of dolphins were not harassed or killed. ‘‘Patent and Trademark Office’’ and ‘‘United Patents and Trademarks’’. We believe that the definition of dol- phin safe should not be changed until States Patent and Trademark Office’’ each TITLE II—MISCELLANEOUS PROVISIONS place such terms appear and inserting in we know for sure that setting purse SEC. 201. SEPARABILITY. each such place ‘‘United States Patent and seine nets on dolphins and then freez- If any provision of this Act or the applica- Trademark Corporation’’. tion thereof to any person or circumstance is ing them is dolphin safe. It would be (27) The table of sections for chapter 1 of held invalid, the remainder of this Act, and consumer fraud to change the label. part I of title 35, United States Code, is the application of such provision to other Let us continue to encourage those amended to read as follows: persons or circumstances shall not be af- who fish tuna using the best dolphin ‘‘CHAPTER 1—ESTABLISHMENT, fected thereby. safe methods to get the label. OFFICERS, FUNCTIONS SEC. 202. EFFECTIVE DATE. Let me briefly explain other major ‘‘Sec. This Act shall take effect 180 days after provisions and outcomes of our bill: ‘‘1. Establishment. the date of the enactment of this Act.∑ First, it requires that the Panama ‘‘2. Powers and duties. Declaration and its 5,000 cap on dolphin ‘‘3. Officers and employees. By Mrs. BOXER (for herself and mortality be enforceable and binding. ‘‘4. Restrictions on officers and employees as Mr. BIDEN): Our bill makes it clear that if the limit to interest in patents. S. 1460. A bill to amend the Marine ‘‘5. Advisory Board. is exceeded, all sets on dolphins al- ‘‘6. Suits by and against the Corporation. Mammal Protection Act of 1972 to sup- lowed by the Panama Declaration ‘‘7. Board of Patent Appeals and Inter- port the International Dolphin Con- would stop for the rest of the fishing ferences. servative Program in the eastern trop- year. ‘‘8. Library. ical Pacific Ocean, and for other pur- Second, it requires that the Panama ‘‘9. Classification of patents. poses; to the Committee on Commerce, Declaration establish an enforceable ‘‘10. Certified copies of records. Science, and Transportation. timeframe for the reduction of dolphin ‘‘11. Publications. ‘‘12. Exchange of copies of patents with for- THE INTERNATIONAL DOLPHIN PROTECTION AND mortality from the cap of 5,000 to zero. eign countries. CONSUMER INFORMATION ACT Our bill requires that dolphin mor- ‘‘13. Copies of patents for public libraries. ∑ Mrs. BOXER. Mr. President, nearly 6 tality be reduced by a statistically sig- ‘‘14. Annual report to Congress. years ago, as a Member of the House of nificant amount each year.

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18241 Third, it will result in the protection mortality is a tricky issue that leaves SEC. 3. DEFINITIONS. of U.S. canners—who 5 years ago made room for errors and a lot of judgement Section 3 (16 U.S.C. 1362) is amended by a commitment to the American public calls. What if the dolphin isn’t quite adding at the end the following new para- graphs: to process and sell only dolphin safe dead yet? Injury to dolphins often oc- ‘‘(28) The term ‘International Dolphin Con- tuna—from unfair foreign competition curs and can lead to eventual death. servation Program’ means the international and from the dumping of stockpiled We don’t know for sure that dolphins program established by the agreement signed dolphin unsafe tuna in the U.S. mar- don’t suffer from the constant chasing in La Jolla, California, in June 1992, as for- ket. and encircling that they are subjected malized, modified, and enhanced in accord- Fourth, it ensures that countries will to. ance with the Declaration of Panama, that enforce their obligations under the requires— What Senator BIDEN and I, and the 70 ‘‘(A)(i) that the total annual dolphin mor- International Dolphin Conservation environmental and other organizations tality in the purse seine fishery for yellowfin Program—established in the Panama who support us, are saying is: Look at tuna in the eastern tropical Pacific Ocean be Declaration and fully reflected in our the science first—then make changes limited to 5,000; and bill—to protect dolphins and the East- to U.S. law. We say: Let’s encourage ‘‘(ii) a commitment and objective to pro- ern Tropical Pacific ecosystem by re- and help those who are fishing dolphin gressively reduce dolphin mortality to a quiring that an embargo be reestab- safe and canning dolphin safe by open- level approaching zero through the setting of lished for any country which consist- ing the U.S. market to them. We say: annual limits; ently fails to take enforcement ac- ‘‘(B) the establishment of a per stock per Let’s not weaken our commitment to year mortality limit of dolphin at a level be- tions. Countries must show that they save the dolphins for the sake of a lit- tween 0.2 percent and 0.1 percent of the min- are acting to punish fishermen who do tle more foreign trade. imum population estimate to be in effect not comply with the requirements of Mr. President, I ask unanimous con- through 2001; the Panama Declaration—the embar- sent that the text of the bill be printed ‘‘(C) beginning with the calendar year 2001, goes could be reestablished. in the RECORD. the establishment of a per stock per year mortality limit of dolphin at a level less Fifth, it requires the establishment There being no objection, the bill was of a research program to determine (1) than or equal to 0.1 percent of the minimum ordered to be printed in the RECORD, as population estimate; the effect of harassment by chase and follows: ‘‘(D) that if a mortality limit is exceeded encirclement on the health and biology Be it enacted by the Senate and House of Rep- under— of dolphins and its impact on dolphin resentatives of the United States of America in ‘‘(i) subparagraph (A), all sets on dolphins populations encircled by purse seine Congress assembled, shall cease for the applicable fishing year; nets in the ETP and (2) the extent to SECTION 1. SHORT TITLE; REFERENCES. and which the incidental take of non-target (a) SHORT TITLE.—This Act may be cited as ‘‘(ii) subparagraph (B) or (C), all sets on species, including juvenile tuna, occurs the ‘‘International Dolphin Protection and the stocks covered under subparagraph (B) or Consumer Information Act of 1995’’. (C) and any mixed schools that contain any when fishing for yellowfin tuna using of those stocks shall cease for the applicable (b) REFERENCES TO MARINE MAMMAL PRO- dolphin-safe methods and the impact of fishing year; TECTION ACT OF 1972.—Except as otherwise that incidental take on tuna stocks. ‘‘(E) a scientific review and assessment to expressly provided, whenever in this Act an Sixth, it ensures that Congress is in- be conducted in 1998 to— amendment or repeal is expressed in terms of ‘‘(i) assess progress in meeting the objec- formed of progress in the fishery by re- an amendment to, or repeal of, a section or tives set for 2,000 under subparagraph (B); quiring that the Secretary of Com- other provision, the reference shall be con- and merce report to Congress within 3 sidered to be made to a section or other pro- ‘‘(ii) as appropriate, consider recommenda- years on the results of the dolphin vision of the Marine Mammal Protection Act tions for meeting these objectives; of 1972 (16 U.S.C. 1361 et seq.). stress and bycatch research. ‘‘(F) a scientific review and assessment to Seventh, it directs the Secretary of SEC. 2. FINDINGS AND PURPOSES. be conducted— Commerce to make recommendations (a) FINDINGS.—The Congress finds the fol- ‘‘(i) to review the stocks covered under on how U.S. law should be modified ac- lowing: subparagraph (C); and cording to what the research results (1) The nations that fish for tuna in the ‘‘(ii) as appropriate, consider recommenda- show. eastern tropical Pacific Ocean have reduced tions to further the objectives set under that Our bill is supported by 70 organiza- dolphin mortalities associated with that subparagraph; tions, including the Sierra Club, the fishery from hundreds of thousands annually ‘‘(G) the establishment of a per vessel max- to fewer than 5,000 annually. imum annual dolphin mortality limit con- Humane Society of the United States, (2) The provisions of the Marine Mammal Earth Island Institute, Public Citizen’s sistent with the applicable per year mor- Protection Act of 1972 that impose a ban on tality caps, as determined under subpara- Global Trade Watch, American Society imports from nations that fish for tuna in graphs (A) through (C); and for the Prevention of Cruelty to Ani- the eastern tropical Pacific Ocean have ‘‘(H) the provision of a system of incen- mals, Friends of the Earth, Inter- served as an incentive to reduce dolphin tives to vessel captains to continue to reduce national Dolphin Project, and Defend- mortalities. dolphin mortality, with the goal of elimi- ers of Wildlife. (3) Consumers of the United States and Eu- nating dolphin mortality.– While U.S. canners have not taken a rope have made clear their preference for ‘‘(29) The term ‘Declaration of Panama’ formal position on this legislation, tuna that has not been caught through the means the declaration signed in Panama killing, chasing, or harming of dolphins. they have stated their firm support for City, Republic of Panama, on October 4, (4) Tuna canners and processors of the 1995.’’. the current dolphin safe label. Bumble United States have led the canning and proc- SEC. 4. AMENDMENTS TO TITLE I. Bee Seafoods for example stated that it essing industry in promoting a dolphin-safe (a) Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is is ‘‘firmly committed’’ to it’s policy of tuna market. amended— ‘‘marketing only dolphin safe tuna’’. In (5) The 12 signatory nations to the Declara- (1) in the first sentence, by inserting ‘‘, and a statement Bumble Bee Seafoods said tion of Panama, including the United States, authorizations may be granted under title III ‘‘We share our customers concern agreed under that Declaration to require with respect to yellowfin tuna fishery of the about this issue and are proud of the that the total annual dolphin mortality in eastern tropical Pacific Ocean, subject to the purse seine fishery for yellowfin tuna in fact that all Bumblebee tuna is regulations prescribed under that title by the eastern tropical Pacific Ocean not exceed the Secretary without regard to section 103’’ verifiably 100 percent dolphin safe. . . 5,000, with a commitment and objective to before the period; and We believe that Bumblebee’s dolphin progressively reduce dolphin mortality to a (2) in the second sentence, by striking the safe policy is right and we will not level approaching zero through the setting of semicolon and all that follows through compromise it’’. annual limits. ‘‘practicable’’. I firmly believe that our bill is a re- (b) PURPOSES.—The purposes of this Act (b) Section 101(a)(2)(B) (16 U.S.C. sponsible alternative to the bill re- are— 1371(a)(2)(B)) is amended to read as follows: cently introduced by our colleagues, (1) to recognize that nations fishing for ‘‘(B) in the case of yellowfin tuna har- tuna in the eastern tropical Pacific Ocean vested with purse seine nets in the eastern Senator STEVENS and Senator BREAUX, have achieved significant reductions in dol- tropical Pacific Ocean, and products there- which redefines ‘‘dolphin safe’’ to allow phin mortality associated with that fishery; from, to be exported to the United States, dolphins to be chased and encircled and shall require that the government of the ex- with purse seine nets as long as there (2) to eliminate the ban on imports of dol- porting nation provide documentary evi- is no observed mortality. Observed phin-safe tuna from those nations. dence that—

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18242 CONGRESSIONAL RECORD — SENATE December 7, 1995 ‘‘(i) the tuna or products therefrom were (1) by striking ‘‘(a)(1) The Secretary’’ and (2) in subsection (b), by striking para- not banned from importation under this inserting ‘‘(a) The Secretary’’; and graphs (2) and (3) and inserting the following: paragraph before the effective date of the (2) by striking paragraph (2). ‘‘(2) support the International Dolphin International Dolphin Protection and Con- (f) Section 901(d)(1) of the Dolphin Protec- Conservation Program and efforts within the sumer Information Act of 1995; or tion Consumer Information Act (16 U.S.C. Program to reduce, and eventually elimi- ‘‘(ii) the tuna or products therefrom were 1385(d)(1)) is amended to read as follows: nate, the mortality referred to in paragraph harvested after the effective date of the ‘‘(1) It is a violation of section 5 of the Fed- (1); International Dolphin Protection and Con- eral Trade Commission Act (15 U.S.C. 45) for ‘‘(3) ensure that the market of the United sumer Information Act of 1995 by vessels of a any producer, importer, exporter, dis- States does not act as an incentive to the nation that— tributor, or seller of any tuna product that is harvest of tuna caught with driftnets, or ‘‘(I) is a member of the Inter-American exported from or offered for sale in the caught by deploying purse seine nets on or to Tropical Tuna Commission; and United States to include on the label of that encircle dolphins, in the eastern tropical Pa- ‘‘(II) is participating in the International product the term ‘Dolphin Safe’ or any other cific Ocean not operating in compliance with Dolphin Conservation Program; and term or symbol that falsely claims or sug- the International Dolphin Conservation Pro- ‘‘(III) has implemented the obligations of gests that the tuna contained in the product gram;’’. that member as a member of the Inter-Amer- was harvested using a method of fishing that (c) Section 302 (16 U.S.C. 1412) is amended ican Tropical Tuna Commission; and is not harmful to dolphins if the product con- to read as follows: ‘‘(iii) the total dolphin mortality per- tains— ‘‘SEC. 302. AUTHORITY OF THE SECRETARY. ‘‘(A) tuna harvested on the high seas by a mitted under the International Dolphin Con- ‘‘(a) REGULATIONS.—(1) The Secretary shall vessel engaged in driftnet fishing; servation Program will not exceed 5,000 in issue regulations to implement the Inter- ‘‘(B) tuna harvested in the eastern tropical 1996, or in any year thereafter and the total national Dolphin Conservation Program. Pacific Ocean by a vessel using purse seine dolphin mortality limit for each vessel in ‘‘(2)(A) Not later than 3 months after the nets which do not meet the requirements of each successive year shall be reduced by a effective date of the International Dolphin being considered dolphin safe under para- statistically significant amount until the Protection and Consumer Information Act of graph (2); or goal of zero mortality is reached, except that 1995, consistent with section 101, the Sec- ‘‘(C) tuna harvested outside the eastern the per stock per year mortality limits for retary shall issue regulations to authorize tropical Pacific Ocean by a vessel using stocks designated as depleted under this Act and govern the incidental taking of marine purse seine nets which do not meet the re- shall not exceed the actual 1994 mortality mammals in the eastern tropical Pacific quirements for being considered dolphin safe level; Ocean by vessels of the United States par- under paragraph (3).’’. except that the Secretary shall not accept (g) Section 901(d) of the Dolphin Protection ticipating in the International Dolphin Con- such documentary evidence as satisfactory Consumer Information Act (16 U.S.C. 1385(d)) servation Program. proof for purposes of clauses (i) through (iii) is amended by adding at the end the fol- ‘‘(B) The regulations issued under this sec- if the government of the harvesting nation lowing new paragraphs: tion shall include provisions— does not authorize the Inter-American Trop- ‘‘(3) For purposes of paragraph (1)(C), tuna ‘‘(i) requiring observers on each vessel; ical Tuna Commission to release sufficient or a tuna product that contains tuna har- ‘‘(ii) requiring the use of the backdown information to the Secretary to allow a de- vested outside the eastern tropical Pacific procedure or other procedures that are termination of compliance with the Inter- Ocean by a fishing vessel using purse seine equally or more effective in avoiding mor- national Dolphin Conservation Program, or nets is dolphin safe if— tality of marine mammals in fishing oper- if after taking into consideration that infor- ‘‘(A) it is accompanied by a written state- ations; mation, findings of the Inter-American Trop- ment executed by the captain of the vessel ‘‘(iii) prohibiting intentional set on stocks ical Tuna Commission, and any other rel- certifying that no purse seine net was inten- and schools in accordance with the Inter- evant information, including information tionally deployed on or to encircle dolphins national Dolphin Conservation Program; that a nation is consistently failing to take during the particular voyage on which the ‘‘(iv) requiring the use of special equip- enforcement actions on violations currently tuna was harvested; or ment, including dolphin safety panels in specified in the agreement signed in La ‘‘(B) in any fishery in which the Secretary nets, operable rafts, speedboats with towing Jolla, California, in June 1992 and adopted by has determined that a regular and signifi- bridles, floodlights in operable condition, the International Dolphin Conservation Pro- cant association occurs between marine and diving masks and snorkels; gram, the Secretary, in consultation with mammals and tuna, it is accompanied by a ‘‘(v) ensuring that the backdown procedure the Secretary of State, shall find that the written statement executed by the captain of during sets of purse seine net on marine violations diminish the effectiveness of the the vessel and an observer, certifying that no mammals is completed and rolling of the net International Dolphin Conservation Program purse seine net was intentionally deployed to sack up has begun no later than 30 min- and that the harvesting nation is not in com- on or to encircle marine mammals during utes after sundown; pliance with the International Dolphin Con- the particular voyage on which the tuna was ‘‘(vi) banning the use of explosive devices servation Program;’’. harvested. in all purse seine operations; (c) Section 101 (16 U.S.C. 1371) is amended ‘‘(4) No tuna product may be labeled with ‘‘(vii) establishing per vessel maximum an- by adding at the end the following new sub- any reference to dolphins, porpoises, or ma- nual dolphin mortality limits, total dolphin section: rine mammals, except as dolphin safe in ac- mortality limits and per stock per year mor- ‘‘(d) The provisions of this Act shall not cordance with this subsection.’’. tality limits subject to section 101 in accord- apply to a citizen of the United States when (h) Section 901(f) of the Dolphin Protection ance with the International Dolphin Con- such citizen incidentally takes any marine Consumer Information Act (16 U.S.C. 1385(f)) servation Program; mammal during fishing operations outside is amended to read as follows: ‘‘(viii) preventing the making of inten- the United States exclusive economic zone, ‘‘(f) The Secretary, in consultation with tional sets on dolphins after reaching either as that term is defined in section 3(6) of the the Secretary of the Treasury, shall issue the vessel maximum annual dolphin mor- Magnuson Fishery Conservation and Man- regulations to implement this section, not tality limits, total dolphin mortality limits, agement Act (16 U.S.C. 1802(6)) when em- later than 3 months after the effective date or per stock per year mortality limit; ployed on a foreign fishing vessel of a har- of the International Dolphin Protection and ‘‘(ix) preventing the encirclement with vesting nation that is in compliance with the Consumer Information Act of 1995.’’. purse seine nets on dolphins by a vessel with- International Dolphin Conservation Pro- SEC. 5. AMENDMENTS TO TITLE III. out an assigned vessel dolphin mortality gram.’’. (a) The heading of title III is amended to limit; (d) Section 104(h) is amended to read as fol- read as follows: ‘‘(x) allowing for the authorization and lows: ‘‘TITLE III—INTERNATIONAL DOLPHIN conduct of experimental fishing operations, ‘‘(h)(1) Consistent with the regulations pre- CONSERVATION PROGRAM’’. under such terms and conditions as the Sec- scribed pursuant to section 103 and con- (b) Section 301 (16 U.S.C. 1411) is amended— retary may prescribe, for the purpose of test- sistent with the requirements of section 101, (1) in subsection (a), by striking paragraph ing proposed improvements in fishing tech- the Secretary may issue an annual permit to (4) and inserting the following: niques and equipment that may reduce or a United States vessel for the taking of such ‘‘(4) Nations harvesting yellowfin tuna in eliminate dolphin mortality or that do not marine mammals, together with regulations the eastern tropical Pacific Ocean have dem- require the encirclement of dolphins in the to cover the use of any such annual permits. onstrated their willingness to participate in course of commercial yellowfin tuna fishing; ‘‘(2) Such annual permits for the incidental appropriate multilateral agreements to re- and taking of marine mammals in the course of duce, and eventually eliminate, dolphin mor- ‘‘(xi) containing such other restrictions commercial purse seine fishing for yellowfin tality in that fishery. Recognition of the and requirements as the Secretary deter- tuna in the eastern tropical Pacific Ocean International Dolphin Conservation Program mines are necessary to implement the Inter- shall be governed by section 304, subject to will ensure that the existing trend of reduced national Dolphin Conservation Program with the regulations issued pursuant to section dolphin mortality continues, that individual respect to the vessels of the United States; 302.’’. stocks of dolphins are adequately protected, except that the Secretary may make such (e) Section 110(a) (16 U.S.C. 1380(a)) is and that the goal of eliminating all dolphin adjustments as may be appropriate to provi- amended— mortality continues to be a priority.’’; and sions that pertain to fishing gear and fishing

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18243 practice requirements in order to carry out ology of dolphins and the impact of that har- retary shall prescribe such procedures as are the International Dolphin Conservation Pro- assment on dolphin populations encircled by necessary to carry out this subsection, in- gram. purse seine nets in the course of fishing for cluding requiring the submission of— ‘‘(b) CONSULTATION.—In developing a regu- yellowfin tuna in the eastern tropical Pacific ‘‘(A) the name and official number or other lation under this section, the Secretary shall Ocean; and identification of each fishing vessel for consult with the Secretary of State, the Ma- ‘‘(B) the extent to which the incidental which a permit is sought together with the rine Mammal Commission, and the United take of nontarget species, including juvenile name and address of the owner thereof; and States Commissioners to the Inter-American tuna, occurs when fishing for yellowfin tuna ‘‘(B) the tonnage, hold capacity, speed, Tropical Tuna Commission appointed under using dolphin-safe methods including fish ag- processing equipment, and type and quantity section 3 of the Tuna Conventions Act of 1950 gregation devices, the impact of that inci- of gear, including an inventory of special (16 U.S.C. 952). dental take on tuna stocks, and where such equipment required under section 302, with ‘‘(c) EMERGENCY REGULATIONS.—(1) If the methods are occurring in international wa- respect to each fishing vessel. Secretary determines, on the basis of the ters, the exclusive economic zone of any na- ‘‘(2) The Secretary may charge a fee for best scientific information available (includ- tion, or coastal waters. granting an authorization and issuing a per- ing scientific information obtained under the ‘‘(3)(A) Not later than 3 years after the International Dolphin Conservation Pro- mit under this section. The level of fees date of enactment of the International Dol- gram) that the incidental mortality and seri- charged under this paragraph may not ex- phin Protection and Consumer Information ous injury of marine mammals authorized ceed the administrative cost incurred in under this title is having, or is likely to Act of 1995, the Secretary shall submit a re- granting an authorization and issuing a per- have, a significant adverse effect on a ma- port to the Congress on the results of the re- mit. Fees collected under this paragraph rine mammal stock or species, the Secretary search program conducted under paragraph shall be available to the Under Secretary of shall take the following actions: (2). Commerce for Oceans and Atmosphere for ‘‘(A) Notify the Inter-American Tropical ‘‘(B) The Secretary shall include in the re- expenses incurred in granting authorizations Tuna Commission of the findings of the Sec- port submitted to the Congress under this and issuing permits under this section. retary, and include in that notification rec- paragraph any recommendations made on ‘‘(3) After the effective date of the Inter- ommendations to the Commission con- the basis of the results of the research pro- national Dolphin Protection and Consumer cerning actions necessary to reduce inci- gram conducted under paragraph (2) that the Information Act of 1995, no vessel of the dental mortality and serious injury and Secretary considers to be appropriate con- United States shall encircle dolphins with mitigate such adverse impact. cerning— purse seine nets in the course of fishing for ‘‘(B) Prescribe emergency regulations to ‘‘(i) legislation to address issues that the yellowfin tuna fishery in the eastern tropical reduce incidental mortality and serious in- Secretary determines to be relevant to the Pacific Ocean without a valid permit issued jury and mitigate such adverse impact. results of the research program; and under this section. ‘‘(2) Prior to taking action under subpara- ‘‘(ii) changes to the International Dolphin ‘‘(b) PERMIT SANCTIONS.—(1) In any case in graph (A) or (B) of paragraph (1), the Sec- Conservation Program. which— retary shall consult with the Secretary of ‘‘(4) There are authorized to be appro- ‘‘(A) a vessel for which a permit has been State, the Marine Mammal Commission, and priated to the Department of Commerce issued under this section has been used in the United States Commissioners to the $1,000,000 to be used by the Secretary, acting the commission in an act prohibited under Inter-American Tropical Tuna Commission through the National Marine Fisheries Serv- section 305; appointed under section 3 of the Tuna Con- ice, to carry out paragraph (2).’’. ‘‘(B) the owner or operator of any such ves- ventions Act of 1950 (16 U.S.C. 952). (d) Title III (16 U.S.C. 1411) et seq. is sel or any other person who has applied for ‘‘(3) Emergency regulations prescribed amended— or been issued a permit under this section under this subsection— (1) by striking sections 303 and 304; has acted in violation of section 305; or ‘‘(A) shall be published in the Federal Reg- (2) by inserting after section 302 the fol- ‘‘(C) any civil penalty or criminal fine im- ister, together with an explanation thereof; lowing: posed on a vessel, owner or operator of a ves- ‘‘(B) shall remain in effect for the duration ‘‘SEC. 303. REPORTS BY THE SECRETARY. sel as provided for under the International of the applicable fishing year; and ‘‘Notwithstanding section 103(f), the Sec- Dolphin Conservation Program, or other per- ‘‘(C) may be terminated by the Secretary retary shall annually submit to the Congress son who has applied for or been issued a per- at an earlier date by publication in the Fed- a report that includes— mit under this section has not been paid or eral Register of a notice of termination, if ‘‘(1) results of research conducted pursuant is overdue, the Secretary may— the Secretary determines that the reasons to section 320; ‘‘(i) revoke any permit with respect to such for the emergency action no longer exist. ‘‘(2) a description of the status and trends vessel, with or without prejudice to the ‘‘(4) If the Secretary finds that the inci- of stocks of tuna; issuance of –subsequent permits; dental mortality and serious injury of ma- ‘‘(3) a description of the efforts to assess, ‘‘(ii) suspend a permit referred to in clause rine mammals in the yellowfin tuna fishery avoid, reduce, and minimize the bycatch of (i) for a period of time the Secretary con- in the eastern tropical Pacific Ocean is con- juvenile yellowfin tuna and bycatch of non- siders to be appropriate; tinuing to have a significant adverse impact target species; ‘‘(iii) deny a permit referred to in clause on a stock or species, the Secretary may ex- ‘‘(4) a description of the activities of the (i); or tend the emergency regulations for such ad- International Dolphin Conservation Program ‘‘(iv) impose additional conditions or re- ditional periods as may be necessary. and of the efforts of the United States in strictions on any permit issued to, or applied ‘‘(d) RESEARCH.—(1) The Secretary may, in support of the goals and objectives of the cooperation with the nations participating for by, any such vessel or person under this International Dolphin Conservation Pro- in the International Dolphin Conservation section. Program and with the Inter-American Trop- gram, including the protection of dolphin ‘‘(2) In imposing a sanction under this sub- ical Tuna Commission, undertake or support populations in the eastern tropical Pacific section, the Secretary shall take into ac- appropriate scientific research to further the Ocean, and an assessment of the effective- count— goals of the International Dolphin Conserva- ness of the Program; ‘‘(A) the nature, circumstances, extent, tion Program, including— ‘‘(5) actions taken by the Secretary under and gravity of the prohibited acts for which ‘‘(A) devising cost-effective fishing meth- the matter following clause (iii) of section the sanction is imposed; and ods and gear so as to reduce, with the goal of 101(a)(2)(B); ‘‘(B) with respect to the violator, the de- eliminating, the incidental mortality and se- ‘‘(6) copies of any relevant resolutions and gree of culpability, and history of prior of- rious injury of marine mammals in connec- decisions of the Inter-American Tropical fenses, and other such matters as justice re- tion with commercial purse seine fishing in Tuna Commission, and any regulations pro- quires. the eastern tropical Pacific Ocean; mulgated by the Secretary under this title; ‘‘(3) Transfer of ownership of a vessel, by ‘‘(B) developing cost-effective methods of and sale or otherwise, shall not extinguish any fishing for mature yellowfin tuna without ‘‘(7) any other information that the Sec- permit sanction that is in effect or is pend- setting nets on –dolphins or other marine retary considers to be relevant.’’; ing at the time of transfer of ownership. Be- mammals; and (3) by striking sections 305 and 306; fore executing the transfer of ownership of a ‘‘(C) carrying out a scientific research pro- (4) by inserting after section 303 the fol- vessel, by sale or otherwise, the owner shall gram (as described in section 117) for those lowing: disclose in writing to the prospective trans- marine mammal species and stocks taken in ‘‘SEC. 304. PERMITS. feree the existence of any permit sanction the purse seine fishery for yellowfin tuna in ‘‘(a) IN GENERAL.—(1) In a manner con- that will be in effect or pending with respect the eastern tropical Pacific Ocean, including sistent with the regulations issued pursuant to the vessel at the time of transfer. species or stocks that are not within waters to section 302, the Secretary shall issue a ‘‘(4) In the case of any permit that is sus- under the jurisdiction of the United States. permit to a vessel of the United States au- pended for the failure to pay a civil penalty ‘‘(2) The Secretary, acting through the Na- thorizing participation in the International or criminal fine, the Secretary shall rein- tional Marine Fisheries Service, shall under- Dolphin Conservation Program and the Sec- state the permit upon payment of the pen- take a research program to— retary may require a permit for the person alty or fine and any accrued interest on that ‘‘(A) determine the effect of harassment by actually in charge of and controlling the penalty or fine at the prevailing rate (as de- chase and encirclement on the health and bi- fishing operation of the vessel. The Sec- termined by the Secretary).

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18244 CONGRESSIONAL RECORD — SENATE December 7, 1995 ‘‘(5) No sanctions shall be imposed under States sections and shall be given full oppor- committee who is not an officer or employee this section unless there has been a prior op- tunity to examine and to be heard on all pro- of the Federal Government shall serve with- portunity for a hearing on the facts under- posed programs of investigations, reports, out compensation. lying the violation for which the sanction is recommendations, and regulations of the ‘‘(C) The General Advisory Committee and imposed, either in conjunction with a civil Commission. The General Advisory Com- the Scientific Advisory Subcommittee shall penalty proceeding under this title or other- mittee may attend any meeting of an inter- be exempt from the Federal Advisory Com- wise.’’; national commission on the invitation of mittee Act (5 U.S.C. App.).’’. (5) by redesignating section 307 as section that commission. SEC. 7. EFFECTIVE DATE. 305; ‘‘(2)(A) The Secretary, in consultation with This Act and the amendments made by (6) in section 305, as so redesignated— the United States Commissioners, shall ap- this Act shall become effective upon— point a subcommittee to be known as the (A) in subsection (a)— (1) a certification by the Secretary of State ‘Scientific Advisory Subcommittee’. The (i) by striking paragraph (1) and inserting to the Congress that a binding resolution of Scientific Advisory Subcommittee shall be the following: the Inter-American Tropical Tuna Commis- composed of not less than 5 and not more ‘‘(1) for any person to sell, purchase, offer sion, or other legally binding instrument, es- for sale, transport, or ship, in the United than 15 qualified scientists and shall have balanced representation from the public and tablishing the International Dolphin Con- States, any tuna or tuna product unless the private sectors, including nongovernmental servation Program has been adopted by each tuna or tuna product is dolphin-safe (as de- conservation organizations. The Scientific nation participating in the International fined in section 901(d) of the Dolphin Protec- Advisory Subcommittee shall advise the Dolphin Conservation Program and is in ef- tion Consumer Information Act (16 U.S.C. General Advisory Committee and the Com- fect; and 1385(d))) and has been harvested in compli- missioners on matters relating to the con- (2) the promulgation of final regulations ance with the International Dolphin Con- servation of ecosystems, the sustainable uses under section 302(a).∑ servation Program by a nation that is a of living marine resources related to the f member of the Inter-American Tropical tuna fishery in the eastern Pacific Ocean, Tuna Commission;’’; and the long-term conservation and manage- ADDITIONAL COSPONSORS (ii) by striking paragraphs (2) and (3) and ment of stocks of living marine resources in S. 948 inserting the following: the eastern tropical Pacific Ocean. At the request of Mr. DORGAN, the ‘‘(2) except as provided for in section 101(d), ‘‘(B) In addition to carrying out the duties for any person or vessel subject to the juris- specified, the Scientific Advisory Sub- name of the Senator from Michigan diction of the United States to set inten- committee shall, as requested by the General [Mr. LEVIN] was added as a cosponsor of tionally a purse seine net on or to encircle Advisory Committee, the United States S. 948, a bill to encourage organ dona- any marine mammal in the course of tuna Commissioners or the Secretary, perform tion through the inclusion of an organ fishing operations in the eastern tropical Pa- functions and provide assistance required by donation card with individual income cific Ocean, except in accordance with this formal agreements entered into by the refund payments, and for other pur- title and regulations issued pursuant to this United States for this fishery, including the poses. title;’’; and International Dolphin Conservation Pro- ‘‘(3) for any person to import any yellowfin gram. The functions referred to in the pre- S. 1005 tuna or yellowfin tuna product or any other ceding sentence may include— At the request of Mr. BAUCUS, the fish or fish product in violation of a ban on ‘‘(i) the review of data from the Inter- name of the Senator from Virginia [Mr. importation imposed under section 101;’’; and national Dolphin Conservation Program, in- WARNER] was added as a cosponsor of S. (B) in subsection (b)(2), by inserting ‘‘(a)(5) cluding data received from the Inter-Amer- 1005, a bill to amend the Public Build- or’’ before ‘‘(a)(6)’’; ican Tropical Tuna Commission; ings Act of 1959 to improve the process (7) by redesignating section 308 as section ‘‘(ii) recommendations concerning research 306; and needs, including ecosystems, fishing prac- of constructing, altering, purchasing, (8) in section 306, as so redesignated, by tices, and gear technology research (includ- and acquiring public buildings, and for striking ‘‘section 303’’ and inserting ‘‘section ing the development and use of selective, en- other purposes. 302(d)’’. vironmentally safe and cost-effective fishing S. 1115 (e) CLERICAL AMENDMENT.—The table of gear), and the coordination and facilitation At the request of Mr. THURMOND, the contents in the first section of the Marine of such research; name of the Senator from Colorado Mammal Protection Act of 1972 is amended ‘‘(iii) recommendations concerning sci- by striking the items relating to title III and entific reviews and assessments required [Mr. CAMPBELL] was added as a cospon- inserting the following: under the International Dolphin Conserva- sor of S. 1115, a bill to prohibit an ‘‘TITLE III—INTERNATIONAL DOLPHIN tion Program, and engaging, as appropriate, award of costs, including attorney’s CONSERVATION PROGRAM in such reviews and assessments; fees, or injunctive relief, against a ju- ‘‘(iv) consulting with other experts as ‘‘Sec. 301. Finding and policy. dicial officer for action taken in a judi- needed; and ‘‘Sec. 302. Authority of the Secretary. cial capacity. ‘‘(v) recommending measures to ensure the ‘‘Sec. 303. Reports by the Secretary. S. 1212 ‘‘Sec. 304. Permits. regular and timely full exchange of data among the parties to the International Dol- At the request of Mr. COATS, the ‘‘Sec. 305. Prohibitions. name of the Senator from Indiana [Mr. ‘‘Sec. 306. Authorization of appropriations.’’. phin Conservation Program and the national scientific advisory committee of each coun- LUGAR] was added as a cosponsor of S. SEC. 6. AMENDMENTS TO THE TUNA CONVEN- TIONS ACT OF 1950. try that participates in the program (or its 1212, a bill to provide for the establish- equivalent entity of that country). (a) Section 3(c) of the Tuna Conventions ment of demonstration projects de- ‘‘(3) The Secretary, in consultation with signed to determine the social, civic, Act of 1950 (16 U.S.C. 952(c)) is amended to the United States Commissioners, shall es- read as follows: tablish procedures to provide for appropriate psychological, and economic effects of ‘‘(c) at least one shall be the Director, or public participation and public meetings and providing to individuals and families an appropriate regional director, of the Na- to provide for the confidentiality of con- with limited means an opportunity to tional Marine Fisheries Service; and’’. fidential business data. The Scientific Advi- accumulate assets, and to determine (b) Section 4 of the Tuna Conventions Act sory Subcommittee shall be invited to have the extent to which an asset-based wel- of 1950 (16 U.S.C. 953) is amended to read as representatives attend all nonexecutive follows: fare policy may be used to enable indi- meetings of the United States sections and viduals and families with low income ‘‘SEC. 4. GENERAL ADVISORY COMMITTEE AND the General Advisory Subcommittee and SCIENTIFIC ADVISORY SUB- shall be given full opportunity to examine to achieve economic self-sufficiency. COMMITTEE. and to be heard on all proposed programs of S. 1228 ‘‘(1)(A) The Secretary, in consultation with scientific investigation, scientific reports, At the request of Mr. D’AMATO, the the United States Commissioners, shall ap- and scientific recommendations of the Com- name of the Senator from Alaska [Mr. point a committee to be known as the ‘Gen- mission. Representatives of the Scientific eral Advisory Committee’. The General Ad- MURKOWSKI] was added as a cosponsor Advisory Subcommittee may attend meet- of S. 1228, a bill to impose sanctions on visory Committee shall be composed of not ings of the Inter-American Tropical Tuna less than 5 and not more than 15 individuals Commission in accordance with the rules of foreign persons exporting petroleum and shall have balanced representation from such Commission. products, natural gas, or related tech- the various groups participating in the fish- ‘‘(4)(A) The Secretary, in consultation with nology to Iran. eries included under the conventions, and the United States Commissioners, shall fix S. 1252 from nongovernmental conservation organi- the terms of office of the members of the At the request of Mr. ABRAHAM, the zations. General Advisory Committee and the Sci- ‘‘(B) The General Advisory Committee entific Advisory Subcommittee. names of the Senator from Louisiana shall be invited to have representatives at- ‘‘(B) Each member of the General Advisory [Mr. BREAUX] and the Senator from tend all nonexecutive meetings of the United Committee and the Scientific Advisory Sub- Tennessee [Mr. FRIST] were added as

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18245 cosponsors of S. 1252, a bill to amend The Senate finds that: At the appropriate place, insert the fol- the Internal Revenue Code of 1986 to The partial government shutdown of No- lowing new section: provide additional tax incentives to vember 14, 1995 through November 20, 1995 SEC. . SENSE OF THE SENATE. caused great anxiety amongst over 800,000 (a) FINDINGS.—Congress finds that— stimulate economic growth in de- federal workers, and; (1) the partial government shutdown of No- pressed areas, and for other purposes. The partial government shutdown of No- vember 14, 1995 through November 20, 1995 in- AMENDMENT NO. 3082 vember 14, 1995 through November 20, 1995 terrupted government services to many At the request of Mr. PRYOR the added hundreds of millions of dollars to the Americans; names of the Senator from West Vir- federal deficit and cost the federal govern- (2) the partial government shutdown of No- ment hundreds of millions of dollars in lost vember 14, 1995 through November 20, 1995, ginia [Mr. BYRD], the Senator from Ne- productivity, and; added hundreds of millions of dollars to the vada [Mr. BRYAN], the Senator from The partial government shutdown of No- Federal deficit and cost the Federal Govern- Vermont [Mr. LEAHY], the Senator vember 14, 1995 through November 20, 1995 ment hundreds of millions of dollars in lost from North Dakota [Mr. DORGAN], the cost thousands of businesses and our federal productivity; Senator from Minnesota [Mr. government millions of dollars in lost reve- (3) the partial government shutdown of No- WELLSTONE], the Senator from South nues from the closure of federal agencies and vember 14, 1995 through November 20, 1995, federal parks and monuments, and; Dakota [Mr. DASCHLE], and the Senator cost thousands of businesses and the Federal The partial government shutdown of No- Government millions of dollars in lost reve- from California [Mrs. FEINSTEIN] were vember 14, 1995 through November 20, 1995 nues from the closure of Federal agencies added as cosponsors of Amendment No. caused significant financial concern to lit- and Federal parks and monuments: 3082 proposed to H.R. 1833, a bill to erally hundreds of thousand families because (4) the partial government shutdown of No- amend title 18, United States Code, to of the uncertainty of whether they would be vember 14, 1995 through November 20, 1995, ban partial-birth abortions. able to pay mortgages, rent and meet month- caused significant financial concern to lit- ly family expenses, and; erally hundreds of thousands of families be- AMENDMENT NO. 3083 With the Holiday season approaching and cause of the uncertainty of whether they At the request of Mrs. BOXER the the Congress and Administration still en- would be able to pay mortgages, rent and name of the Senator from Maryland gaged in an effort to reach a budget agree- meet monthly family expenses; and [Ms. MIKULSKI] was added as a cospon- ment while the Congress attempts to com- (5) with the holiday season approaching sor of Amendment No. 3083 proposed to plete the remaining appropriations bills be- and Congress and the Administration still H.R. 1833, a bill to amend title 18, fore the expiration of the current Continuing engaged in an effort to reach a budget agree- United States Code, to ban partial- Resolution on December 15, 1995 it is impor- ment while the Congress attempts to com- tant that all federal workers be given assur- birth abortions. plete work on the remaining appropriations ance that their dedicated service to their bills before the expiration of the continuing f country is both valued and respected and resolution (House Joint Resolution 123) on SENATE RESOLUTION 198—TO that they will not suffer needless uncer- December 15, 1995, it is important that all tainty and hardship, because the Congress MAKE TECHNICAL CORRECTIONS Federal workers be given assurance that and Administration are unable to complete their dedicated service to the United States TO SENATE RESOLUTION 158 their work by the expiration of the current is both valued and respected and that those Mr. LOTT (for himself and Mr. Continuing Resolution. workers will not suffer needless uncertainty It is the sense of the Senate that: If the MCCAIN) submitted the following reso- and hardship because Congress and the Ad- Congress and the Administration are unable lution; which was considered and ministration are unable to complete their to reach an agreement on an overall budget work prior to the expiration of such resolu- agreed to: reconciliation bill and, if the Congress is un- tion. S. RES. 198 able to complete the remaining appropria- (b) SENSE OF THE SENATE.—It is the sense Resolved, That (a) paragraph 1(c) of rule tions bill by the expiration of the current of the Senate that if Congress and the Ad- XXXV of the Standing Rules of the Senate Continuing Resolution on December 15, 1995, ministration are unable to reach an agree- (as added by section 1 of S. Res. 158, agreed that; ment on an overall budget reconciliation bill to July 28, 1995) is amended— A new Continuing Resolution, identical to and if Congress is unable to complete work (1) in clause (3) by striking ‘‘section 107(2) the Continuing Resolution now in effect ex- on the remaining appropriations bills by De- of title I the Ethics in Government Act of cept for the expiration date, should be adopt- cember 15, 1995, the data on which the con- 1978 (Public Law 95–521)’’ and inserting ‘‘sec- ed effective upon the expiration of the cur- tinuing resolution (House Joint Resolution tion 109(16) of title I of the Ethics Reform rent Continuing Resolution on December 15, 123) expires, a new continuing resolution, Act of 1989 (5 U.S.C App. 6)’’; and 1995 to ensure that government services con- identical to House Joint Resolution 123 ex- (2) in clause (4)(A) by inserting ‘‘, including tinue, that employment of federal workers cept for the expiration date, should be adopt- personal hospitality,’’ after ‘‘Anything’’. not be needlessly interrupted again, and that ed effective on December 16, 1995, to ensure (b) Paragraph 3 of rule XXXIV of the federal workers receive their normal com- that Federal Government services continue, Standing Rules of the Senate (as added by pensation without delay. that employment of Federal workers not be section 2(a) of S. Res. 158, agreed to July 28, again needlessly interrupted, and that Fed- 1995) is amended— DEWINE (AND DODD) AMENDMENT eral workers receive their normal compensa- (1) in the matter before clause (a) by strik- NO. 3088 tion without delay. ing ‘‘paragraph 2’’ and inserting ‘‘paragraph 1’’; and Mr. SMITH (for Mr. DEWINE, for him- BROWN AMENDMENT NO. 3090 self and Mr. DODD) proposed an amend- (2) in clause (b) by striking ‘‘income’’ and Mr. BROWN proposed an amendment inserting ‘‘value’’. ment to amendment No. 3082 proposed (c) Paragraph 4 of rule XXXIV of the by Mr. PRYOR to the bill, H.R. 1833, to the bill, H.R. 1833, supra, as follows: Standing Rules of the Senate (as added by supra, as follows: On page 2, line 6, strike ‘‘Whoever’’ and in- section 2(b)(1) of S. Res. 158, agreed to July sert ‘‘Any physician who’’. Beginning on page 1, line 3, strike ‘‘AP- On page 2, line 10 strike ‘‘As’’ and insert 28, 1995) is amended by striking ‘‘paragraph PROVAL’’ and all that follows through line 2’’ and inserting ‘‘paragraph 1’’. ‘‘(1) As’’. 22 on page 3 and insert the following: On page 2, between lines 13 and 14, insert f ‘‘SENSE OF THE SENATE. the following: ‘‘It is the sense of the Senate that the Sen- AMENDMENTS SUBMITTED ‘‘(2) As used in this section, the term ‘phy- ate, should, through the Committee on the sician’ means a doctor of medicine or osteop- Judiciary, conduct hearings to investigate athy legally authorized to practice medicine the effect of the new patent provisions of and surgery by the State in which the doctor THE PARTIAL-BIRTH ABORTION title 35, United States Code, (as amended by BAN ACT OF 1995 performs such activity, or any other indi- subtitle C of title V of the Uruguay Round vidual legally authorized by the State to per- Agreements Act (Public Law 103–465; 108 form abortions. Provided, however, that any Stat. 4982)) on the approval of generic drugs individual who is not a physician or not oth- BROWN AMENDMENT NO. 3087 under section 505 of the Federal Food, Drug, erwise legally authorized by the State to (Ordered to lie on the table.) and Cosmetic Act (21 U.S.C. 355).’’. perform abortions, but who nevertheless di- Mr. BROWN submitted an amend- rectly performs a partial-birth abortion, ment intended to be proposed by him BINGAMAN AMENDMENT NO. 3089 shall be subject to the provisions of this sec- to the bill (H.R. 1833) to amend title 18, (Order to lie on the table.) tion. United States Code, to ban partial- Mr. BINGAMAN submitted an birth abortions: amendment intended to be proposed by SMITH AMENDMENT NO. 3091 At the appropriate place, insert the fol- him to the bill, H.R. 1833, supra, as fol- Mr. SMITH proposed an amendment lowing: lows: to the bill, H.R. 1833, supra, as follows:

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18246 CONGRESSIONAL RECORD — SENATE December 7, 1995 On page 3, strike lines 8 through and in- mittee on the Judiciary be authorized Federal Reserve predicts a ‘‘quite nega- cluding 16. to hold a business meeting during the tive’’ reaction in the financial markets session of the Senate on Thursday, De- if no deal is reached, and a sharp in- FEINSTEIN (AND OTHERS) cember 7, 1995, at 10 a.m. in SD226. crease in long-term interest rates. AMENDMENT NO. 3092 The PRESIDING OFFICER. Without And yet we are mired here in a dis- Mrs. FEINSTEIN (for herself, Mr. objection, it is so ordered. agreement that is disheartening to all SIMPSON, Mrs. BOXER, Mr. SIMON, Ms. COMMITTEE ON RULES AND ADMINISTRATION of us, especially those of us who were MOSELEY-BRAUN, and Mr. BRYAN) pro- Mr. GREGG. Mr. President, I ask elected just last year, those of us who posed an amendment to the bill, H.R. unanimous consent that the Com- heard from thousands of citizens across 1833, supra, as follows: mittee on Rules and Administration be our respective States, those of us who Strike out all after the enacting clause and authorized to meet during the session heard, ‘‘balanced the budget’’ above all insert in lieu thereof the following: of the Senate on Thursday, December else. SECTION 1. SENSE OF THE SENATE. 7, 1995, to hold a hearing to receive tes- The disagreement between Congress (a) FINDINGS.—The Senate finds that— timony on ‘‘An Agenda for the Infor- and the President comes down to one (1) the United States has the most ad- issue: the difference between credi- vanced medical training programs in the mation Age: Managing Senate Tech- world; nology.’’ bility and something for nothing. Syn- (2) medical decisions should be made by The PRESIDING OFFICER. Without dicated columnist Ben Wattenberg trained medical personnel in consultation objection, it is so ordered. makes a compelling case in yesterday’s with their patients based on the best medical f edition of USA Today that the coun- science available; try’s social ills boil down to one funda- (3) it is the role of professional medical so- ADDITIONAL STATEMENTS mental shift in the Nation’s attitude: cieties to develop medical practice guide- lines and it is the role of medical education The attitude that it is possible to gain something for nothing. Whether it is centers to provide instruction on medical THE PRESIDENT’S VETO OF THE crime, poor education, or even the epi- procedures; BALANCED BUDGET RECONCILI- (4) the Federal Government should not su- demic problem of illegitimacy, Mr. ATION ACT OF 1995 persede the medical judgment of trained Wattenberg traces the cause of these medical professionals or limit the judgment ∑ Mr. FRIST. Mr. President, I would ills to the lack of personal responsi- of medical professionals in determining like to join my colleagues in express- bility and the lack of effort, hard work, medically appropriate procedures; ing my disappointment in President (5) the Federal criminal code is an inappro- and even sacrifice that is necessary to priate and dangerous means by which to reg- Clinton’s veto of the Balanced Budget gain anything worth having. Unfortu- ulate specific and highly technical medical Act of 1995. The Republican plan would nately, the White House’s phony num- procedures; and have resulted in a balanced Federal bers are the means to appear to bal- (6) the laws of 41 States currently restrict budget in 2002, a plan that would have ance the budget, without making any post-viability abortions. finally restrained the growth of Fed- adjustments or imposing any discipline (b) SENSE OF SENATE.—It is the sense of the eral spending to a manageable level. Senate that Congress should not criminalize on Government spending. a specific medical procedure. And yet, President Clinton felt com- The Republican plan, on the other SEC. 2. RULE OF CONSTRUCTION. pelled to veto our plan. He felt com- hand, recognizes the need for adjust- Nothing in Federal law shall be construed pelled to protect his priorities. ment, reform, and downsizing of the to prohibit the States, local governments, President Clinton’s statements re- Federal Government. It reforms Gov- local health departments, medical societies, garding protecting his priorities belie ernment programs in a sensible way or hospital ethical boards from regulating, one sad truth buried in his rhetoric: and provides tax relief for hardworking restricting, or prohibiting post-viability The only thing that is not a priority to American families and to spur invest- abortions to the extent permitted by the this President is balancing the budget. Constitution of the United States. ment. It will result in long-term bene- There is only lip service one day, a fits—a stable and growing economy, f speech another, a third budget plan lower interest rates, greater invest- NOTICE OF HEARING this week. If we are to believe that ment, higher incomes, millions of new COMMITTEE ON INDIAN AFFAIRS President Clinton is serious about his jobs. The benefits of the Republican Mr. MCCAIN. Mr. President, I would commitment to balancing the budget, plan are not unlike the gratification of like to announce that the Senate Com- why is he now submitting a third budg- earning one’s own way in the world, mittee on Indian Affairs will hold an et? Why did he first submit two budg- completing an education, or staying open markup on December 12, 1995, at ets that resulted in deficits of over $200 married for 40 years. Hard work, but 9:30 a.m. in room 485 of the Russell billion in the year 2000 and beyond? definitely worth it. Senate Office Building. The markup The only logical conclusion to be So, I close with these thoughts, Mr. agenda will include S. 814, to provide drawn from the President’s actions is President. The American people will for the reorganization of the Bureau of that he is trying to deal in the most rise to any occasion, and if we ask Indian Affairs, and S. 1159, to establish politically popular way he can with a them to help us address this fiscal cri- an American Indian Policy Information Congress that is unwavering in one sis, they will. What they won’t do is Center. commitment, a commitment to the allow this generation to burden the Those wishing additional information American people to, once and for all, next with an impossible debt. I am dis- should contact the Committee on In- put the U.S. Government on the road appointed that the President chose not dian Affairs at 224–2251. to fiscal health. to sign the historic Balanced Budget The future could be so bright if the f Act of 1995, but I remain hopeful that President would only join us in agree- the administration will trust the AUTHORITY FOR COMMITTEES TO ing to a balanced budget. We will com- American people and agree to a bal- MEET promise, but not on the principle that anced budget. We must.∑ COMMITTEE ON GOVERNMENTAL AFFAIRS the budget must be balanced using f Mr. GREGG. Mr. President, I ask credible, honest projections. There is a unanimous consent on behalf of the growing consensus among respected TRIBUTE TO DR. THOMAS E. Governmental Affairs Committee to economists that interest rates will BELLAVANCE meet on Thursday, December 7, at 9:30 drop significantly, 1, maybe 2 percent, ∑ Mr. SARBANES. Mr. President, I rise a.m. for a hearing on S. 94, prohibition if a balanced budget is reached. This today to pay tribute to Dr. Thomas E. on the consideration of retroactive tax would mean cheaper home mortgages, Bellavance as he retires as the presi- increases. less to pay for student loans, lower dent of Salisbury State University. The PRESIDING OFFICER. Without credit card payments. American fami- In 1980, when the Board of Trustees of objection, it is so ordered. lies will save again. Without a bal- State Universities and Colleges unani- COMMITTEE ON THE JUDICIARY anced budget agreement, though, there mously selected Dr. Bellavance to be Mr. GREGG. Mr. President, I ask will be profoundly negative con- the new president of Salisbury State unanimous consent that the Com- sequences. Chairman Greenspan of the College, Thom arrived on campus with

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18247 a specific mission: to provide, as he ex- ROMANIA’S NATIONAL DAY lating another one of the city’s bus-re- pressed it, ‘‘an education of the whole ∑ Mr. COATS. Mr. President, on De- lated segregation laws requiring blacks person within the context of a value- cember 1, Romania celebrated the 75th to pay their fares at the front of the oriented curriculum—an education anniversary of its founding as a mod- bus then get off of the bus and reboard that is not merely training in a spe- ern country. While its roots as a nation from the rear of the bus. The driver of cialty, but a matter of nurturing indi- actually go back as far as the Roman that bus was the same driver with viduals to be civil, articulate, and pro- Empire, its modern history began on whom she would have her confronta- ductive members of society.’’ December 1, 1918, when Romania, as we tion years later. The rest is history, the boycott know it today, was created. For the past 15 years, Dr. Bellavance which Rosa Parks began was the begin- Seventy-seven years ago, there were has focused on his vision, transforming ning of an American revolution that roughly 50 nation states in the world. the institution from a small State col- elevated that status of African-Ameri- lege, primarily attended by students Half of these were considered democ- cans nationwide and introduced to the from Maryland’s Eastern Shore, to a racies. Today more than 180 nations in world a young leader who would one highly-respected regional university the world are democracies, with this day have a national holiday declared in that is nationally recognized as one of number on the rise. Romania, I am his honor, the Reverend Martin Luther the best among American colleges and pleased to note, is not only a member King, Jr. universities. of the international community but of Mr. President, on the occasion of this the community of democracies. During Dr. Bellavance’s tenure, ap- important 40th anniversary, I want to Since its revolution in 1989, Romania plications for admission have more pay tribute to Rosa Parks, the gentle has made strides in democratic reform warrior who decided that she would no than doubled and average SAT scores and the development of a free-market have increased from 848 to 1085. When longer tolerate the humiliation and de- economy. Difficult decisions have been moralization of racial segregation on a faced with the reality of difficult eco- to bring down inflation, bring in for- nomic times, Dr. Bellavance sought bus. eign investment, and privatize govern- We have come a long way toward private funding, establishing three en- ment. GDP which had dropped initially achieving Dr. King’s dream of justice dowed schools, the Franklin P. Perdue has been growing over the last 3 years. and equality for all. But we still have School of Business, the Richard A. Inflation has been reduced from 300 to work to be done. Let us rededicate our- Henson School of Science and Tech- 60 percent in 1994 and is expected to be selves to continuing the struggle.∑ nology, and the Charles R. and Martha less than 30 percent this year. Unem- f N. Fulton School of Liberal Arts. Also ployment is down to 10 percent. For- established were scholarships for de- eign investment has been greater in BUDGET SCOREKEEPING REPORT serving students, and a foundation the last 6 months than in the previous Mr. DOMENICI. Mr. President, I strongly supported by the community. 4 years. There are more steps which hereby submit to the Senate the budg- University assets have dramatically in- must be taken to strengthen demo- et scorekeeping report prepared by the creased from $32,261 in 1980 to over $16 cratic institutions, further economic Congressional Budget Office under sec- million. Today over $800,000 is available growth, and develop rule of law. I en- tion 308(b) and in aid of section 311 of to assist students with financing their courage Romania to keep its commit- the Congressional Budget Act of 1974, education. ment to these goals. as amended. This report meets the re- In his pursuit of academic excellence, Romania has actively pursued im- quirements for Senate scorekeeping of Thom Bellavance has helped create a proving relations with the West. It was Section 5 of Senate Concurrent Resolu- true academic community—a commu- the first of the former Eastern bloc tion 32, the first concurrent resolution nity of scholars with an abundance of countries to sign the Partnership for on the budget for 1986. This report shows the effects of con- opportunities to learn and grow and a Peace Program. In 1994 it became a gressional action on the budget strong sense of family among the stu- member of the Council of Europe. Ro- through December 6, 1995. The esti- dents, faculty, and administrators. In mania has even sent troops and med- mates of budget authority, outlays, the process, he has earned the love and ical staff to participate in peace- and revenues, which are consistent respect of the entire university com- keeping efforts in Angola. On Sep- with the technical and economic as- munity. tember 26 President Iliescu made his first official visit to Washington, DC, sumptions of the 1996 concurrent reso- In a nation which believes that a per- meeting with the President, Cabinet lution on the budget (H. Con. Res. 67), son’s merit and talent should take members, and Congressmen. show that current level spending is them as far as they can go, we are in- I hope my colleagues will join with above the budget resolution by $13.5 deed fortunate to have educators like me in congratulating Romania on its billion in budget authority and above my friend, Thom Bellavance, who have national day and extending to the peo- the budget resolution by $17.3 billion in fostered a path which allows our young outlays. Current level is $43 million ple of Romania best wishes as they cel- people to maximize their potential. below the revenue floor in 1996 and $0.7 ebrate the founding of their nation.∑ When this happens, we gain a person billion below the revenue floor over the who contributes to society at a higher f 5 years 1996–2000. The current estimate level. This is best exemplified by the TRIBUTE TO ROSA PARKS of the deficit for purposes of calcu- fact that Salisbury State students con- lating the maximum deficit amount is tributed over 300,000 hours of commu- ∑ Mr. LEVIN. Mr. President, 40 years $262.9 billion, $17.3 billion above the nity service in the 1993–94 calendar ago this month—December 1955—in maximum deficit amount for 1996 of year. Montgomery, AL, the modern civil $245.6 billion. rights movement began when Rosa Since my last report, dated Novem- On the occasion of his retirement, I Parks refused to give up her seat and ber 17, 1995, the President signed the join with the Salisbury State Univer- move to the back of the bus. The Treasury, Postal Service and General sity community in saluting Dr. strength and spirit of this courageous Government Appropriations Act (P.L. Bellavance and expressing deep appre- woman captured the consciousness of 104–52), the Legislative Branch Appro- ciation for his exceptional leadership. not only the American people but the priations Act (P.L. 104–53), and the As stated in a proclamation recently entire world. Alaska Power Administration Sale Act presented to Dr. Bellavance by the Uni- Rosa Parks’ arrest for violating the (P.L. 104–58). Congress also cleared, and versity Forum, ‘‘He leaves Salisbury city’s segregation laws was the cata- the President signed, the second (P.L. State University immeasurably better lyst for the Montgomery bus boycott. 104–54) and third (P.L. 104–56) con- than he found it.’’ Her stand on that December day in 1955 tinuing resolutions. Congress also Mr. President, I know that you and was not an isolated incident but part of cleared the Defense Appropriations Act all of our colleagues will join me in a lifetime of struggle for equality and (P.L. 104–61); pursuant to article 1, sec- wishing Dr. Thomas Bellavance the justice. Twelve years earlier, in 1943, tion 7 of the Constitution, this act be- very best in the years ahead.∑ Rosa Parks had been arrested for vio- came

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18248 CONGRESSIONAL RECORD — SENATE December 7, 1995 law without the President’s signature. THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. penalties frank discussions between These actions changed the current SENATE, 104TH CONGRESS, 1ST SESSION, SENATE adults about the prevention of AIDS. level of budget authority and outlays. SUPPORTING DETAIL FOR FISCAL YEAR 1996, AS OF This amendment will extinguish many In addition, the revenue aggregates CLOSE OF BUSINESS DEC. 6, 1995 on-line support groups dealing with have been revised to reflect the rec- [In millions of dollars] issues such as child abuse and sexual ommended level in House Concurrent assault. It will likely place severe limi- Budget tations on the materials discussed on Resolution 67. My last report had re- authority Outlays Revenues many online scientific forums. In the vised the revenue aggregates pursuant ENACTED IN PREVIOUS SESSIONS ultimate irony, the amendment does to section 205(b)(2) of House Concurrent Revenues ...... — — 1,042,557 Permanents and other spending leg- virtually nothing to address the prob- Resolution 67 for purposes of consider- islation ...... 830,272 798,924 — lem of the already illegal victimization ation of H.R. 2491. Appropriation legislation ...... — 242,052 — of children over computer networks. Offsetting receipts ...... (200,017) (200,017) — The report follows: Rather than focus on real issues and Total previously enacted ...... 630,254 840,958 1,042,557 CONGRESSIONAL BUDGET OFFICE, real concerns, this amendment focuses U.S. CONGRESS, on indecency. It places blame on a Washington, DC, December 7, 1995. ENACTED THIS SESSION technology rather than on the per- Hon. PETE V. DOMENICI, Appropriation bills: 1995 Rescissions and Department petrators of crimes against children. Chairman, Committee on the Budget, U.S. Sen- of Defense Emergency Mr. President, despite the fact that ate, Washington, DC. Supplementals Act (P.L. 104– 6)...... (100) (885) — the materials and communications on DEAR MR. CHAIRMAN: The attached report 1995 Rescissions and Emergency the Internet that are of the greatest for fiscal year 1996 shows the effects of Con- Supplementals for Disaster As- concern to many parents, such as ob- sistance Act (P.L. 104–19) ...... 22 (3,149 ) — gressional action on the 1996 budget and is Agriculture (P.L. 104–37) ...... 62,602 45,620 — scenity, child solicitation, and child current through December 6, 1995. The esti- Defense (P.L. 104–6) ...... 243,301 163,223 — pornography, are already subject to Energy and Water (P.L. 104–46) .. 19,336 11,502 — mates of budget authority, outlays and reve- Legislative Branch (P.L. 105–53) 2,125 1,977 — criminal penalties, and despite the fact nues are consistent with the technical and Military Construction (P.L. 104– that technologies already exist to 32)...... 11,177 3,110 — economic assumptions of the 1996 Concurrent Transportation (P.L. 104–50) ...... 12,682 11,899 — allow parents to control what their Resolution on the Budget (H. Con. Res. 67). Treasury, Postal Service (P.L. children have access to on the Internet This report is submitted under Section 308(b) 104–52) ...... 15,080 12,584 — Authorization bills: including indecent materials, the and in aid of Section 311 of the Congressional Self-Employed Health Insurance House conferees chose to take this un- Budget Act, as amended. Act (P.L. 104–7) ...... (18) (18) (101) Alaska Native Claims Settlement wise step towards censorship. Since my last report, dated November 16, Act (P.L. 104–42) ...... 1 1 — Mr. President, there is still time to Fishermen’s Protective Act Amend- 1995, the President signed the Treasury, ments of 1995 (P.L. 104–43) ... — (*) — reverse this action and for the con- Postal Service and General Government Ap- Perishable Agricultural Commod- ferees to direct their efforts towards propriations Act (P.L. 104–52), the Legisla- ities Act Amendments of 1995 (P.L. 104–48) ...... 1 (*) 1 providing parents with even greater tive Branch Appropriations Act (P.L. 104–53), Alaska Power Administration Sale ability to protect their children using and the Alaska Power Administration Sale Act (P.L. 104–58) ...... (20) (20) — tools offered in the market place. I Act (P.L. 104–58). Congress also cleared, and Total enacted this session ... 366,191 245,845 (100 ) urge my colleagues to recognize just the President signed, the second (P.L. 104–54) what this amendment will mean if it and third (P.L. 104–56) continuing resolu- CONTINUING RESOLUTION AUTHORITY remains in the telecommunications tions. Congress also cleared the Defense Ap- Further Continuing Appropriations bill. I urge them to recognize that inde- propriation Act (P.L. 104–61); pursuant to Ar- (P.L. 104–56) 1 ...... 167,467 86,812 — cency is not the same as obscenity or ticle 1, Section 7 of the Constitution, this act ENTITLEMENTS AND MANDATORIES pornography. The distribution of ob- became law without the President’s signa- Budget resolution baseline estimates ture. These actions changed the current level of appropriated entitlements and scene materials on the Internet is al- other mandatory programs not yet ready illegal and those crimes are al- of budget authority and outlays. In addition, enacted ...... 135,049 131,736 — at the request of the Senate Committee on ready being aggressively prosecuted. Total Current Level 2 ...... 1,298,961 1,305,352 1,042,457 Indecent speech, on the other hand, the Budget, the revenue estimates shown for Total Budget Resolution ...... 1,258,500 1,288,100 1,042,500 the concurrent resolution have been changed is far different than obscenity and is pursuant to Section 205(b)(2) of H. Con. Res. Amount remaining: protected by the constitution. Inde- Under Budget Resolution ...... — — 43 67. Over Budget Resolution ...... 13,461 17,252 — cency includes four letter words that Sincerely, many adults use routinely in their ev- 1 This is an estimate of discretionary funding based on a full year cal- JUNE E. O’NEILL. culation of the continuing resolution that expires December 15, 1995. In- eryday speech. Indecent words include cluded in this estimate are the following appropriation bills: Commerce, Jus- those that are among the first words THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- tice, State; District of Columbia; Foreign Operations; Interior; Labor, HHS, Education; and Veterans, HUD. many children speak, not because they CAL YEAR 1996, 104TH CONGRESS, 1ST SESSION AS 2 In accordance with the Budget Enforcement Act, the total does not in- learned them from the Internet, but be- clude $3,400 million in budget authority and $1,590 million in outlays for OF CLOSE OF BUSINESS DEC. 6, 1995 funding of emergencies that have been designated as such by the President cause they heard them in the school [In billions of dollars] and the Congress. yard, in child care settings, and in * Less than $500,000. some cases, in their own homes. While Budget Notes: Detail may not add due to rounding. Numbers in parentheses are Current negative.• it is unfortunate that children are ex- Resolu- Level Over/ tion (H. Current Level 1 Under Res- f posed to such speech at young ages, it Con. Res. olution 67) is not a reason to censor constitu- CONFEREES MOVING IN WRONG tionally protected speech between ON–BUDGET DIRECTION ON THE INTERNET adults on the Internet. Creating crimi- Budget Authority ...... 1,285.5 1,299.0 13 .5 ∑ Mr. FEINGOLD. Mr. President, I rise Outlays ...... 1,288.1 1,305.4 17.3 nal penalties for indecency as stringent Revenues: to share with my colleagues my great as those imposed on traffickers of ob- 1996 ...... 1,042.5 1,042.5 2¥0 concern about the actions of the House scenity is extreme, unwarranted, and 1996–2000 ...... 5,691.5 5,690.8 ¥0.7 Deficit ...... 245.6 262.9 17.3 telecommunications conferees. unnecessary. Debt Subject to Limit ...... 5,210.7 4,900.0 ¥310.7 Despite what appeared to be some As I said earlier this week in this OFF–BUDGET movement away from the regulation of Chamber, this type of law will have a Social Security Outlays: constitutionally protected speech, I un- tremendous chilling effect on speech 1996 ...... 299.4 299.4 0 derstand that the conferees adopted an over the Internet. What two adults can 1996–2000 ...... 1,626.5 1,626.5 0 amendment yesterday which would say over the phone to one another, Social Security Revenues: 1996 ...... 374.7 374.7 0 subject adult Internet users to crimi- they will not be able to say over the 1996–2000 ...... 2,061.0 2,061.0 0 nal penalties for so-called indecent Internet for fear a minor might read 1 Current level represents the estimated revenue and direct spending ef- speech. Rather than focusing on mate- their words. The fact that America On- fects of all legislation that Congress has enacted or sent to the President rials that are truly harmful to minors, line censored the word ‘‘breast’’ on for his approval. In addition, full-year funding estimates under current law are included for entitlement and mandatory programs requiring annual ap- the language agreed to yesterday their service, albeit temporarily, propriations even if the appropriations have not been made. The current would prohibit great works of lit- should forewarn members of things to level of debt subject to limit reflects the latest U.S. Treasury information on public debt transactions. erature from being made available on come. Screening by online service pro- 2 Less than $50 million. line. It would make subject to criminal viders will be necessary if they wish to

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18249 protect themselves from criminal li- Ordered, That the following Members be other travel: so long as it is in connec- ability. It is quite conceivable that dis- the managers of the conference on the part tion with the duties of the Member, of- cussions involving scientific terms for of the House: ficer, or employee; it is not substan- other bodily parts will no longer be al- From the Committee on Transportation tially recreational in nature; it is not and Infrastructure, for consideration of the lowed for fear they might offend a user House bill, and the Senate amendment, and provided by a registered lobbyist or and land the service in court. modifications committed to conference: Mr. foreign agent; and it is properly dis- Guaranteeing the Internet is free of Shuster, Mr. Clinger, Mr. Petri, Mr. Coble, closed, and authorized, in the case of speech restrictions, other than the Ms. Molinari, Mr. Oberstar, Mr. Rahall, and an employee, reimbursement for ex- statutory restrictions on obscenity and Mr. Lipinski. penses connected with such travel may pornography which already exist, From the Committee on the Judiciary, for be accepted. should be of concern to all Americans consideration of the House bill, and the Sen- Mr. MCCONNELL. I appreciate the who want to be able to freely discuss ate amendment, and modifications com- clarification. mitted to conference: Mr. Hyde, Mr. Moor- Section 1(c)(9) of the new gift rule issues of importance to them regard- head, and Mr. Conyers. less of whether others might view creates an exception from the gift limi- Mr. HELMS. Madam President, I those statements as offensive or dis- tation for informational material sent move that the Senate insist on its tasteful. to a Senate office. The current practice amendment, agree to the request of the Shifting political views about what in the Senate also permits the receipt House for a conference, and the Chair types of speech are unsuitable should of informational material with some be authorized to appoint conferees on not be allowed to determine what is or limitations. First, the material must the part of the Senate. is not an appropriate use of electronic be provided by the person or entity The motion was agreed to, and the communications. While the current which produces, publishes, or creates Presiding Officer appointed Mr. PRESS- target of our political climate is inde- the informational material. Second, LER, Mr. STEVENS, Mr. BURNS, Mr. cent speech—the so-called seven dirty current practice also permits those LOTT, Mrs. HUTCHISON, Mr. ASHCROFT, words—a weakening of First Amend- who produce, publish, or create the ma- Mr. HOLLINGS, Mr. INOUYE, Mr. EXON, ment protections could lead to the cen- terial to provide a set of books, tapes, Mr. ROCKEFELLER, and Mr. BREAUX con- sorship of other crucial types of speech, or discs. For example, several years ferees on the part of the Senate. including religious expression and po- ago PBS provided each Senator with a litical dissent. f set of video tapes of its series, ‘‘The I believe the censorship of the Inter- MAKING TECHNICAL CHANGES TO Civil War.’’ However, the Senate does net is a perilous road for the Congress SENATE RESOLUTION 158 not permit a Senator to accept a col- lection of materials, such as a special- to walk down. It sets a dangerous Mr. HELMS. Madam President, I ask ized reporting service or other collec- precedent for First Amendment protec- unanimous consent that the Senate tions issues periodically. For example, tions and it is unclear where that road proceed to the immediate consider- a Member could not receive a set of en- will end. ation of Senate Resolution 198 sub- cyclopedias, or the U.S. Code Anno- I urge the conferees to reject restric- mitted earlier today by Senators LOTT tated. Is it the intent to incorporate tions on constitutionally protected and MCCAIN. these limitations within the new gift speech when the full conference com- The PRESIDING OFFICER. Without ∑ rule? mittee votes on this legislation. objection, it is so ordered. Mr. LEVIN. Yes, the exception for in- f The clerk will report. formational materials is intended to The assistant legislative clerk read NOMINATIONS RE-REFERRED TO foster communication with the Senate. as follows: THE COMMITTEE ON ARMED Items such as books, tapes, and maga- SERVICES A resolution (S. Res. 198) to make certain zine subscriptions may continue to be technical changes to S. Res. 158. received in the office, so long as they Mr. HELMS. Madam President, as in The PRESIDING OFFICER. Is there executive session, I ask unanimous were provided by the author, publisher, objection to the immediate consider- or producer and so long as the informa- consent that the navy nominations be- ation of the resolution? ginning with Brian G. Buck (Reference tional materials did not constitute a There being no objection, the Senate specialized reporting service or other PN715), which was favorably reported proceeded to consider the resolution. by the Committee on Armed Services collection of the type you have de- Mr. MCCONNELL. Under current and placed on the executive calendar scribed. Senate rules, a Member, officer, or em- Mr. MCCONNELL. I thank the Sen- on December 5, 1995, be re-referred to ployee may accept travel reimburse- the Committee on Armed Services. ator for the clarification. The new gift ment from a foreign government or for- rule contains an exception for employ- The PRESIDING OFFICER. Without eign educational or charitable organi- objection, it is so ordered. ments benefits, such as a pension plan. zation. Will a Member, officer, or em- It permits a Member, officer, or em- f ployee be permitted to continue par- ployee to participate in an employee ticipating in such programs under the ICC TERMINATION ACT welfare and benefits plan maintained new gift rule? by a former employer. Current Senate Mr. HELMS. Madam President, I ask Mr. LEVIN. Yes. The new gift rule, rules and practice also permit such that the Chair lay before the Senate a effective January 1, 1996, will, however, continued participation, with one limi- message from the House of Representa- change the current approval process. tation. To the extent a Member, offi- tives on H.R. 2539, a bill to abolish the Now, a Member, officer, or employee cer, or employee participates in such a Interstate Commerce Commission, to must receive prior approval of the Eth- plan of a former employer, the partici- amend subtitle IV of title 49, United ics Committee in order to participate pant may not accept continued con- States Code, to reform economic regu- in such travel. After January 1, the tributions from that former employer. lation of transportation, and for other Member, officer, or employee will no Is it intended that the new gift rule in- purposes. longer be required to seek authoriza- corporate this current Senate practice? The PRESIDING OFFICER laid be- tion from the Ethics Committee. An Mr. LEVIN. Yes, I say to the Senator. fore the Senate the following message employee, however, must obtain au- It is our intent that a Member, officer, from the House of Representatives: thorization from the Member or officer or employee be permitted to maintain Resolved, That the House disagree to the for whom he or she works. his or her participation in a plan, but amendment of the Senate to the bill (H.R. Mr. MCCONNELL. So the absence of not to receive continued contributions 2539) entitled ‘‘An Act to abolish the Inter- a separate section in the new gift rule from a former employer. state Commerce Commission, to amend sub- addressing foreign-sponsored travel title IV of title 49, United States Code, to re- Mr. MCCONNELL. I appreciate the form economic regulation of transportation, does not mean foreign-sponsored travel clarification. and for other purposes’’, and ask a con- has been prohibited? Mr. LEVIN. Madam President, I rise ference with the Senate on the disagreeing Mr. LEVIN. To the contrary, foreign- to clarify that the resolution we are votes of the two Houses thereon. sponsored travel is treated like any about to pass contains only technical

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S18250 CONGRESSIONAL RECORD — SENATE December 7, 1995 clarifications of the Senate gift rule formational materials exception in the MAKING CERTAIN TECHNICAL COR- and would not in any way alter the new rule to be to foster free and unfet- RECTIONS IN LAWS RELATING substance or the intent of that rule. tered communication with Members of TO NATIVE AMERICANS This technical corrections measure the Senate and staff, allowing them to Mr. HELMS. Madam President, I ask would correct an erroneous cross ref- accept information that is generally unanimous consent that the Com- erence in the text of the gift rule and designed to inform their legislative or mittee on Indian Affairs be discharged make three minor corrections to the other policy work. from further consideration of S. 1431 text of the Brown amendment on re- In my judgment, a television enter- and further that the Senate proceed to porting of income and assets. tainment series on the Civil War, or on its immediate consideration. It would also clarify that the per- the history of baseball, or on a similar The PRESIDING OFFICER. Without sonal friendship exception, which by its topic, should generally be considered in objection, it is so ordered. terms applies to ‘‘anything’’ accepted a different light than other informa- The clerk will report. on the basis of personal friendship tional material that might, for exam- A bill (S. 1431) to make certain technical under the circumstances described, ple, help legislators form judgments corrections in laws relating to Native Ameri- would cover personal hospitality pro- about OSHA reform, the EPA, or some cans, and for other purposes. vided by a friend. This clarification is other topic. Thus such sets of video- The PRESIDING OFFICER. Is there being made because of confusion over tapes should be considered gifts subject objection to the immediate consider- the relationship between the personal to the limits contained in the new rule. ation of the bill? friendship exception and the personal I believe the Ethics Committee should There being no objection, the Senate hospitality exception. In my view, the make judgments about how to inter- proceeded to consider the bill. exception for ‘‘anything’’ provided on pret and apply this provision on a case- Mr. MCCAIN. Madam President, I rise the basis of personal friendship already by-case basis, considering a number of to urge the Senate to pass S. 1431, a covers personal hospitality, so this factors in its interpretation, including noncontroversial, no-cost bill whose clarification would not change either most importantly the public policy na- sole purpose is to extend statutory the substance or the intent of the rule. ture of the informational material and deadlines for completing two Indian Mr. WELLSTONE. Mr. President, I its usefulness in informing legislators water rights settlements previously en- appreciate all of the work of the Ethics on appropriate issues. acted and funded by the Congress. The Committee staff and others to ensure authorizations for the Yavapai-Pres- While the technical amendments do that the tough new gift restrictions cott and San Carlos Apache Water not address this issue, this question scheduled to go into effect January 1, Rights settlements are set to expire on has been raised now and I thought it 1996, will not have any technical prob- December 31, 1995. would be useful to offer my own views lems associated with their implemen- This bill’s two sections are identical for the further guidance of the Com- tation. The Ethics Committee has pro- to two of the 22 provisions in S. 325, mittee. I urge the Committee to con- vided very useful technical guidance, which the Senate passed by unanimous sider carefully its interpretation of and I believe that its effort to clarify consent on October 31, 1995. Because it this provision. I will monitor closely questions now will generally improve appeared doubtful that the House and the implementation of the rule in this the effective implementation of the Senate could complete action on S. 325 area to ensure that it does not allow a new rule. by the end of the year, I introduced I do, however, have a concern about loophole to develop that may be sub- this separate bill on November 28, 1995, one interpretation described by Sen- ject to abuse. If such abuse were to when it was referred to the Committee take place, I intend to move quickly to ator MCCONNELL and LEVIN, and want- on Indian Affairs. I believe it is nec- ed to outline that concern for the stop it. essary to pass these two time-sensitive record. In one of the several colloquies Mr. HELMS. Madam President, I ask provisions as separate legislation so between Senator LEVIN and Senator unanimous consent that the resolution that the House can act before the end MCCONNELL designed to provide inter- be agreed to, and the motion to recon- of this session. pretive guidance to the Ethics Com- sider be laid upon the table, and that Section 1 of S. 1431 would extend by 6 mittee, a question is raised about the any statements relating to the resolu- months the deadline for completing the exception regarding informational ma- tion appear at the appropriate place in Yavapai-Prescott Indian Tribe Water terials provided to Senators and staff. the RECORD. Rights Settlement Act of 1994. Under This exchange is designed to ensure The PRESIDING OFFICER. Without the original Act, the Secretary of the that acceptance of sets of books, such objection, it is so ordered. Interior is required to publish in the as encyclopedias or the annotated U.S. So the resolution (S. Res. 198) was Federal Register by December 31, 1995, Code, would continue under the new agreed to, as follows: a statement of findings that includes a rule to be prohibited—as is true under finding that contracts for the assign- S. RES. 198 current Senate practice. This exchange ment of Central Arizona Project water is an effort to apply a tough, narrow Resolved, That (a) paragraph 1(c) of rule have been executed. Due to several un- XXXV of the Standing Rules of the Senate foreseen developments, the Depart- interpretative standard to this provi- (as added by section 1 of S. Res. 158, agreed sion, and I support its intent. to July 28, 1995) is amended— ment of the Interior, the Yavapai-Pres- However, it might be inferred from (1) in clause (3) by striking ‘‘section 107(2) cott Tribe, the City of Prescott and the the statements in the colloquy that the of title I the Ethics in Government Act of City of Scottsdale have concluded that provision of all videotape—or even CD 1978 (Public Law 95–521)’’ and inserting ‘‘sec- additional time is necessary to finalize or audiotape—sets should be exempted tion 109(16) of title I of the Ethics Reform agreements and publish the Secretary’s from the new rule. An example is of- Act of 1989 (5 U.S.C. App. 6)’’; and findings in the Federal Register. Ac- fered by Senator MCCONNELL of a series (2) in clause (4)(A) by inserting ‘‘, including cordingly, the amendment extends the of videotapes produced by the Public personal hospitality,’’ after ‘‘Anything’’. deadline for completion of the settle- Broadcasting Service—its much-ac- (b) Paragraph 3 of rule XXXIV of the ment to June 30, 1996. claimed series on the Civil War—which Standing Rules of the Senate (as added by Section 2 of the bill amends the San years ago was permitted, under current section 2(a) of S. Res. 158, agreed to July 28, Carlos Apache Tribe Water Rights Set- rules, to be given to Members of Con- 1995) is amended— tlement Act of 1992 to extend by one gress. One can imagine other examples (1) in the matter before clause (a) by strik- year the deadline for the settlement of such videotape sets being offered to ing ‘‘paragraph 2’’ and inserting ‘‘paragraph parties to complete all actions needed 1’’; and Senators, such as the recent PBS series to effect the settlement, in particular (2) in clause (b) by striking ‘‘income’’ and to conclude agreements between the on baseball, which might be treated inserting ‘‘value’’. San Carlos Apache Tribe and the similarly under current rules. (c) Paragraph 4 of rule XXXIV of the It is true current Senate rules would Standing Rules of the Senate (as added by Phelps-Dodge Corporation, and be- not prohibit members from receiving section 2(b)(1) of S. Res. 158, agreed to July tween the Tribe and the Town of Globe. such taped sets. However, I have al- 28, 1995) is amended by striking ‘‘paragraph This amendment would extend the ways understood the intent of the in- 2’’ and inserting ‘‘paragraph 1’’. deadline for settlement to December

VerDate Aug 31 2005 03:35 May 29, 2008 Jkt 041999 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07DE5.REC S07DE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS December 7, 1995 CONGRESSIONAL RECORD — SENATE S18251 31, 1996. The Department of the Inte- stand in adjournment until the hour of NOMINATIONS rior, the San Carlos Apache Tribe and 10 a.m., Friday, December 8, that fol- the other settlement parties all sup- lowing the prayer, the Journal of the Executive nominations received by port this extension. proceedings be deemed approved to the Senate December 7, 1995: Madam President, it is extremely im- date, no resolutions come over under THE JUDICIARY portant for Congress to provide addi- the rule, the call of the calendar be dis- CHARLES N. CLEVERT, JR., OF WISCONSIN, TO BE U.S. tional time to complete these historic pensed with, the morning hour be DISTRICT JUDGE FOR THE EASTERN DISTRICT OF WIS- settlements. The San Carlos Apache deemed to have expired, the time for CONSIN VICE TERENCE T. EVANS, ELEVATED. BERNICE B. DONALD, OF TENNESSEE, TO BE U.S. DIS- and Yavapai-Prescott agreements are the two leaders be reserved for their TRICT JUDGE FOR THE WESTERN DISTRICT OF TEN- the product of years of painstaking ne- use later in the day, and the Senate NESSEE VICE ODELL HORTON, RETIRED. gotiation and effort by many parties. then proceed to the consideration of DEPARTMENT OF STATE No one, and especially not the United Senate Joint Resolution 31, the con- stitutional amendment regarding the CHARLES H. TWINING, OF MARYLAND, A CAREER MEM- States, would benefit from a lapse in BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- the statutory authority for completing desecration of the flag. ISTER-COUNSELOR, TO SERVE CONCURRENTLY AND these settlements. Without the time The PRESIDING OFFICER. Without WITHOUT ADDITIONAL COMPENSATION AS AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE extensions contained in S. 1431, the objection, it is so ordered. UNITED STATES OF AMERICA TO THE REPUBLIC OF many fruits of these collective efforts f EQUATORIAL GUINEA. could be lost. We simply cannot permit PROGRAM IN THE AIR FORCE that to happen. I urge passage of the Mr. HELMS. For the information of THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN bill. THE REGULAR AIR FORCE OF THE UNITED STATES TO Mr. HELMS. Madam President, I ask all Senators, by a previous consent THE GRADE INDICATED UNDER TITLE 10, UNITED STATES unanimous consent that the bill be agreement, the cloture motion on the CODE, SECTION 624: motion to proceed to Senate Joint Res- deemed read the third time, passed, the To be major general motion to reconsider be laid upon the olution 31 was withdrawn earlier, and the Senate will begin debate on the BRIG. GEN. THOMAS R. CASE, 000–00–0000. table and that any statements relating BRIG. GEN. DONALD G. COOK, 000–00–0000. constitutional amendment regarding BRIG. GEN. CHARLES H. COOLIDGE, JR., 000–00–0000. to the bill be placed at the appropriate flag desecration at 10 a.m. tomorrow. BRIG. GEN. JOHN R. DALLAGER, 000–00–0000. place in the RECORD. BRIG. GEN. RICHARD L. ENGEL, 000–00–0000. There will be no rollcall votes during The PRESIDING OFFICER. Without BRIG. GEN. MARVIN R. ESMOND, 000–00–0000. Friday’s session of the Senate. It is BRIG. GEN. BOBBY O. FLOYD, 000–00–0000. objection, it is so ordered. hoped that during Friday’s session of BRIG. GEN. ROBERT H. FOGLESONG, 000–00–0000. So the bill (S. 1431) was deemed read BRIG. GEN. JEFFREY R. GRIME, 000–00–0000. the Senate, we will reach a consent BRIG. GEN. JOHN W. HAWLEY, 000–00–0000. the third time, and passed, as follows: agreement in which all amendments to BRIG. GEN. MICHAEL V. HAYDEN, 000–00–0000. S. 1431 BRIG. GEN. WILLIAM T. HOBBINS, 000–00–0000. the flag desecration bill would be de- BRIG. GEN. JOHN D. HOPPER, JR., 000–00–0000. Be it enacted by the Senate and House of Rep- bated on Monday. If an agreement can BRIG. GEN. RAYMOND P. HUOT, 000–00–0000. resentatives of the United States of America in be reached, it may be possible that BRIG. GEN. TIMOTHY A. KINNAN, 000–00–0000. Congress assembled, BRIG. GEN. MICHAEL C. KOSTELNIK, 000–00–0000. there will be no rollcall votes during BRIG. GEN. LANCE W. LORD, 000–00–0000. SECTION. 1. YAVAPAI-PRESCOTT INDIAN TRIBE Monday’s session, and any vote ordered BRIG. GEN. RONALD C. MARCOTTE, 000–00–0000. WATER RIGHTS SETTLEMENT ACT BRIG. GEN. GREGORY S. MARTIN, 000–00–0000. OF 1994. on Monday will occur on Tuesday. If an BRIG. GEN. MICHAEL J. MCCARTHY, 000–00–0000. Section 112(b) of the Yavapai-Prescott In- agreement cannot be reached on the BRIG. GEN. JOHN F. MILLER, JR., 000–00–0000. dian Tribe Water Rights Settlement Act of BRIG. GEN. CHARLES H. PEREZ, 000–00–0000. constitutional flag amendment on Fri- BRIG. GEN. STEPHEN B. PLUMMER, 000–00–0000. 1994 (108 Stat. 4532) is amended by striking day, then votes will be possible during BRIG. GEN. DAVID A. SAWYER, 000–00–0000. ‘‘December 31, 1995’’ and inserting ‘‘June 30, Monday’s session on amendments to BRIG. GEN. TERRYL J. SCHWALIER, 000–00–0000. 1996’’. BRIG. GEN. GEORGE T. STRINGER, 000–00–0000. Senate Joint Resolution 31, but those BRIG. GEN. GARY A. VOELLGER, 000–00–0000. SEC. 2. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT OF 1992. votes will not occur before 6 p.m. Mon- THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT day. TO THE GRADE OF LIEUTENANT GENERAL ON THE RE- Section 3711(b)(1) of the San Carlos Apache TIRED LIST PURSUANT TO THE PROVISIONS OF TITLE 10, Tribe Water Rights Settlement Act of 1992 f UNITED STATES CODE, SECTION 1370: (title XXXVII of Public Law 102–575) is amended by striking ‘‘December 31, 1995’’ and ADJOURNMENT UNTIL 10 A.M. To be lieutenant general inserting ‘‘December 31, 1996’’. TOMORROW LT. GEN. MARCUS A. ANDERSON, 000–00–0000, U.S. AIR FORCE. f Mr. HELMS. If there be no further business to come before the Senate, I THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT ORDERS FOR FRIDAY, DECEMBER TO THE GRADE OF LIEUTENANT GENERAL ON THE RE- now ask that the Senate stand in ad- TIRED LIST PURSUANT TO THE PROVISIONS OF TITLE 10, 8, 1995 journment under the previous order. UNITED STATES CODE, SECTION 1370: Mr. HELMS. Madam President, I ask There being no objection, the Senate, To be lieutenant general unanimous consent that when the Sen- at 11:17 p.m., adjourned until Friday, LT. GEN. RICHARD M. SCOFIELD, 000–00–0000, U.S. AIR ate completes its business today, it December 8, 1995, at 10 a.m. FORCE.

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BERNARD BOUSCHER, UPPER ANNA CERVENAK HONORED Wyoming Valley Women's Conference. In Jan- PENINSULA PERSON OF THE YEAR uary 1995 she was named ``Woman of the HON. PAUL E. KANJORSKI Year'' by the Wyoming Valley Women's Club. Although Anna's community service is well OF PENNSYLVANIA HON. BART STUPAK known and widely appreciated in Northeastern IN THE HOUSE OF REPRESENTATIVES Pennsylvania, it is her warm, caring personal- OF MICHIGAN Wednesday, December 6, 1995 ity and affable demeanor that endears her to IN THE HOUSE OF REPRESENTATIVES Mr. KANJORSKI. Mr. Speaker, I rise today us. No matter how demanding her schedule, to pay tribute to a remarkable woman from my as she rushes from meeting to meeting, Anna Wednesday, December 6, 1995 district in Pennsylvania, Ms. Anna Cervenak. takes time to form friendships with those around her. She is known for her generosity Mr. STUPAK. Mr. Speaker, I would like to On December 7, the Exploring Division of the Northeastern Pennsylvania Council of the Boy and concern for those in need. I am extremely take this opportunity to congratulate Bernard proud to have this chance to join with the Ex- Bouschor, who has been named the Michigan Scouts of America will bestow its highest honor upon Anna at its annual luncheon. I am ploring Division of the Boy Scouts in paying Upper Peninsula's Person of the Year by the tribute to this extraordinary community leader. Upper Peninsula Commission for Area pleased to have the opportunity to bring Anna's many accomplishments to the attention Progress. On behalf of the U.S. House of of my colleagues. Representatives and the citizens of Michigan, WORDS OF CONGRATULATION ON Anna Cervenak is an exemplary role model I commend Mr. Bouschor on this achievement. ENACTMENT OF LEGISLATION for young women who aspire to leadership in DESIGNATING THE NATIONAL Mr. Bouschor is chairman and executive di- both the business and service communities. A HIGHWAY SYSTEM rector of the Sault Ste. Marie Tribe of Chip- native of Forty Fort, PA, and a graduate of its pewa Indians, a position he has held since high school, Anna joined Bell Telephone as an HON. WILLIAM F. CLINGER, JR. 1987. The role of the Upper Peninsula Com- operator soon after graduation. Working her OF PENNSYLVANIA mission for Area Progress is to promote eco- way up through the ranks at Bell, Anna was IN THE HOUSE OF REPRESENTATIVES nomic and human development, and Bernard an employment representative, full time speak- Wednesday, December 6, 1995 Bouschor has been instrumental in this role. er, and an engineering tracer. Since 1984, Anna has been external affairs director for Bell Mr. CLINGER. Mr. Speaker, I ask that the In the last 4 years alone, Sault Chippewa Atlantic, Pennsylvania. She received her bach- following letter be inserted in its entirety into tribal business revenue has grown from $32 elor's degree from College Misericordia in the CONGRESSIONAL RECORD. The writer of the million to $228 million a year. Additionally, the 1986 and her master's degree in 1990 from letter is a constituent of mine, Thomas D. number of employees has grown from 400 to Marywood College. Larson. Tom served President Bush as a very more than 2,700, making the Sault Chippewa Mr. Speaker, Anna Cervenak has provided creative and dynamic Administrator of the the Upper Peninsula's largest employer. This valuable leadership to a wide variety of civic Federal Highway Administration. Prior to that is from a tribe that was not even federally rec- organizations. She is past president of the he was Secretary of the Pennsylvania Depart- ognized until 1975. Quota Club of Wilkes-Barre and she currently ment of Transportation, and for many years he Much of this success can be attributed to serves on the boards of the Domestic Vio- was a Prof. of Engineering at Pennsylvania Bernard Bouschor's tenacity, perseverance, lence Center, Victims Resource Center, Junior State University. Given his breadth of experience, I believe and hard work. Mr. Bouschor grew up in Sault Achievement, American Cancer Society, Tom's words of congratulation to my friend, Ste. Marie as one of nine children in a home Wilkes-Barre Chamber of Commerce, and Hospice St. John. She serves on the Luzerne neighbor, and colleague, Transportation Com- without running water. Despite missing 2 years mittee Chairman BUD SHUSTER, have special County Business Incubator Advisory Board of school after contracting polio as a teenager, merit and are aptly deserved. And in closing, and the United Way. Anna is the immediate Mr. Bouschor was the only one of his siblings I want to join with Tom to signal my profound past president of the board of the Economic to attend college. It was from this experience appreciation for the hard work and capable Development Council of Northeastern Penn- that he learned the importance of self reliance, leadership of BUD SHUSTER. He has done, and a lesson he now carries to his leadership of sylvania. She has just completed a 6-year continues to do, a masterful job. term on the board of the Luzerne County the tribe. LEMONT, PA, Commission for Women. While many native American tribes that November 20, 1995. She also currently serves on the board of Hon. BUD SHUSTER, have casino gambling make cash payments to the President's Council at King's College and Chairman, House Committee on Transportation tribal members, Mr. Bouschor refuses to do the Luzerne County Community College Foun- and Infrastructure, Rayburn House Office this. Instead, profits are invested in a variety dation Board. She holds a seat on the Building, Washington, DC. of business ventures that will support the tribe Lourdesmout Board of Directors and the DEAR MR. CHAIRMAN: Congratulations! Yet if there is ever a decline in casino gambling Lacawac Sanctuary Board of Trustees. She again, you have moved America forward in transportation by putting the NHS on the revenue. These investments include two auto was recently appointed to the Advisory Board President’s desk. parts plants, a neon factory, and various real of the Wilkes-Barre Penn State Campus. Anna Your call reporting the House action was estate purchases. has also just begun a term on the Land Use typical of your thoughtfulness and I am Planning Board of the Earth Conservancy. deeply appreciative. My role in NHS has been To achieve this diversity of business ven- minimal—other than as remote supporter. tures, Bouschor created an independent com- This year, I witnessed first hand Anna's drive and determination as we worked to- Your role has been pivotal since day one. mission composed of tribal members and out- You deserve warm accolades from virtually gether to save thousands of jobs at the side business people to locate potential invest- every sector of American society. Transpor- Tobyhanna Army Depot. Anna cochaired the ments. In this way, the tribe was able to draw tation is, without doubt, a key thread in the Blue Ribbon Task Force which was the orga- on business expertise from outside the local fabric of that society. nizational core of the successful effort to save In his message to the 9th Congress, Presi- area. the depot from closure. dent Jefferson captured the essence of what Mr. Speaker, with Bernard Bouschor's lead- Mr. Speaker, Anna Cervenak has been hon- you have done for America. He said, ‘‘By ership, the sky's the limit for the Sault Ste. ored in the past for her dedication to her com- these [public works and transportation im- provements] new channels of communica- Marie Tribe of Chippewa Indians. Again, I con- munity. In 1991, Anna received the ``Athena tions will be opened between the states, the gratulate Mr. Bouschor on being named the Award'' as Wilkes-Barre Chamber of Com- lines of separation will disappear, their in- Michigan Upper Peninsula's Person of the merce's ``Woman of the Year.'' In 1994, she terests will be identified, and their union ce- Year. was awarded the ``Pathfinders Award'' at the mented by new and indissoluble ties.’’ He

∑ 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. E 2306 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 1995 went on to say roads and canals would knit schoolÐwhile raising eight children. She has mention a few to give you an idea of how the union together, facilitate defense, fur- prepared and presented research on neuro- widely involved Nick is in our lives. Nick has nish avenues of trade, break down local prej- logical disorders, and she has taught others been named the Man of the Year by the Dope udices, and consolidate that union of senti- ment so essential to the national policy. how to care for patients with diseases like Open Inc. and the Morris County Police Clearly, Mr. Chairman, for leadership in Huntington's disease and multiple sclerosis. If Chief's Association and was named Citizen of ‘‘consolidating that union of sentiment’’ es- that weren't enough, she has been actively in- the Year by the Holmdel Policeman's Benevo- sential to achieving the NHS, Mr. Jefferson volved in community affairs in Bloomfield. lent Association. He serves on the executive would salute you. I certainly do! Janet has done more to improve community board of the Morris County United Way, as With warm thanks, life in Bloomfield than anyone else. She has well as receiving their John J. O'Connor TOM LARSON. served as president of the Bloomfield Citizens Award. Nick is also involved in employer Council. She founded the Spirit of Bloomfield ridersharing programs in Morris, Monmouth, magazine. She helped WTAE-Channel 4 with and Ocean counties; the Two Hundred Club in TRIBUTE TO DETECTIVE LT. its documentary on Bloomfield, and she found- Morris, Monmouth, Ocean, and Union counties RODNEY M. LEONE ed the Bloomfield Heritage and Preservation and is a member of the New Jersey State Society. Through these and other activities too Chamber of Commerce. HON. WILLIAM J. MARTINI numerous to mention, Janet has worked tire- Mr. Speaker, I sincerely doubt that Nick OF NEW JERSEY lessly to promote community spirit and Saccamano will be slowing down any time IN THE HOUSE OF REPRESENTATIVES strengthen the bonds between members of soon. On the contrary, retiring from Bell Lab- Wednesday, December 6, 1995 this community. oratories should give him even more time to On Saturday, December 9, members of the do what he does so well: being people to- Mr. MARTINI, Mr. Speaker, I rise today in Bloomfield community and many others will gether to help others. honor and recognition of Detective Lt. Rodney celebrate Janet's accomplishments by pre- So today, Mr. Speaker, I join with all my M. Leone, of the Passaic County Sheriff's De- senting her with the first annual Bloomfield Cit- New Jersey Colleagues and this House in partment, who is retiring from the sheriff's de- izen of the Year Award at the Jene-Mager congratulating Nick Saccamano for his many partment on December 31, 1995, after a dis- VFW Post 278. I am pleased and honored to years of service to all residents of our area. tinguished career of 25 years. note that I will be the toastmaster at this din- Allow me to share with the House some of ner. his accomplishments: Detective/Lieutenant Mr. Speaker, what this country needs is 20TH ANNIVERSARY OF EAST Leone has been the recipient of three medals more people like Janet Cercone ScullionÐ TIMOR INVASION of valor, ten certificates of merit, he was elect- people who selflessly dedicate themselves to ed as the fourth vice president of the New Jer- helping their neighbors and serving their com- HON. TONY P. HALL sey State PBA, and he was a past president munities. She deserves the thanks of the en- OF OHIO of the New Jersey Narcotic Enforcement Offi- tire Bloomfield community, and I want to com- IN THE HOUSE OF REPRESENTATIVES cers' Association. mend her here today. Detective/Lieutenant Leone is also a mem- Thursday, December 7, 1995 ber of the New Jersey Police Honor Legion, Mr. HALL of Ohio. Mr. Speaker, today the New York City Police Honor Legion, the NICHOLAS SACCAMANO: marks the 20th anniversary of the Indonesian New York City Transit Honor Legion, and he COMMUNITY LEADER invasion of the former Portuguese colony of serves as the executive director of the New East Timor. It is sobering to reflect on the fact Jersey State PBA Physician's Association. HON. RODNEY P. FRELINGHUYSEN that responsible observers affirm that at least His accomplishments and honors aside, I OF NEW JERSEY 100,000, and perhaps more than 200,000 of a believe the highlight of his career is the over IN THE HOUSE OF REPRESENTATIVES population of less than 700,000, have per- 1,000 criminal arrests that he has made. His ished from the combined effects of Indonesia's diligence and his success has made the Wednesday, December 6, 1995 December 1975 invasion of the territory. Pro- streets of Passaic County safer for everyone. Mr. FRELINGHUYSEN. Mr. Speaker, today portionately, this is a death toll at least as Mr. Speaker, I know you will join me in I rise to pay tribute to Mr. Nicholas great if not greater than Cambodia under the wishing Detective/Lieutenant Rodney M. Saccamano, of the 11th Congressional Dis- Khmer Rouge. While the vast majority of these Leone a happy retirement and the best of luck trict, who has given of himself for the better- deaths took place between 1975 and 1980, in his future endeavors. ment of the people of New Jersey for more harsh repression continues in East Timor and than 40 years. This Friday evening, Nick will the tragedy there cries out for a solution. be honored by his many friends and col- East Timor has been the scene of numer- TRIBUTE TO JANET CERCONE leagues upon his retirement from AT&T Bell ous arrests, beatings, and torture in recent SCULLION Laboratories after 42 years of service. During months, mainly of young people. Authoritative that time, Nick has become a leader in busi- observers make it clear that these practices HON. WILLIAM J. COYNE ness, and so many community activities. are routine. It is therefore of great importance OF PENNSYLVANIA Nick has always been involved in Morris that the United Nations High Commissioner for IN THE HOUSE OF REPRESENTATIVES County, where he and his wife Betty make Human Rights, Joee Ayala Lasso, is visiting their home. He is a champion of the finest East Timor at this time. This makes it all the Wednesday, December 6, 1995 charitable causes in our communities. Nick is more important that concrete steps be taken Mr. COYNE. Mr. Speaker, I rise today to known to be loyal, persistent and a leader who to improve the human rights situation in East pay tribute to a woman from the 14th Con- get things accomplished. Timor. President Clinton raised the issue of gressional District of Pennsylvania who has Perhaps the best illustration of Nick's per- human rights in East Timor with President made a number of significant contributions to sonal commitment to those in need was when Suharto in a meeting in Washington in late her community in Pittsburgh. Her name is a seriously ill young man was in need of a October, one of several times that he has Janet Cercone Scullion. I have known Janet bone marrow transplant. It was Nick who, to- raised the issue with Indonesia's leader. and her family for many years. gether with the young man's friends and fam- I believe there should be increased inter- Janet is a well-known member of this com- ily, took action and personally mobilized the national efforts to resolve the tragedy in East munity. She has lived in Bloomfield all of her support and resources necessary to help save Timor, which continues to cause so much life. Her parents, Dan and Mary Cercone, the young man's life. And so it is not surpris- human suffering. After all, if we are able to do were community leaders, and her father's bar- ing that Nick's good works have gained him something about Bosnia, over time we can ber shop was a local landmark for over 60 the respect, admiration and deep friendship of also do something about East Timor, and it years. Over the last 35 years, she has helped the residents of Morris County and all of New probably would be a lot easier to do so in East many of the neediest members of our commu- Jersey. My wonderful predecessor, Congress- Timor. nity through her work as a music therapist and man Dean Gallo, considered Nick one of our I would note that in recent years hundreds as a nurse at the V.A. Medical Center, St. best and so do I. of Members of Congress from both parties Francis Medical Center, and Shadyside Hos- I would be hard pressed to list all of Nick have signed letters and appeals on the East pital. I would like to point out that she worked Saccamano's accomplishments and special ci- Timor situation and that international concern at these jobsÐand attended college and grad tations here today. However, I would like to over the issue has grown over time. In 1995, December 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2307 this growing international concern was exem- and the Information Technology Industry back in the bottle. Government policies plified by the nomination of the Roman Catho- Council. should not encumber the American comput- lic Bishop of East Timor, 47-year-old Carlos Mr. Speaker, it appears that the administra- ing industry as it leads the world technology revolution. Ximenes Belo, for the Nobel Peace Prize. The tion is trying to set a national policy on com- We strongly urge you to oppose attempts Associated Press and other news organiza- puters without a true public hearing. Such seri- to limit the ability of Americans to use tions listed Bishop Belo as a finalist in the ous issues should not be resolved behind whatever encryption they wish and to sup- days before the peace prize winner was an- closed doors or at obscure hearings. Con- port the immediate relaxation of harmful ex- nounced in mid-October. gress is being called upon to become involved port controls on American products and pro- As one of those who nominated Bishop Belo in the debate over a national encryption policy. grams with encryption features. for the Nobel Peace Prize, I firmly believe that I think we should take a close look at this and Americans for Tax Reform; Association the Congress and the Clinton administration I urge my colleagues to consider this seri- of Concerned Taxpayers; Competitive and other governments and parliaments and ously. Enterprise Institute; Citizens for a Sound Economy; The Business Leader- world leaders should support Bishop Belo in THE AD HOC TAXPAYER COALITION ship Council; The Small Business Sur- his continuing efforts to ward off violence and FOR COMPUTER PRIVACY, vival Committee; Citizens Against a find a just, peaceful solution to the East Timor November 8, 1995. National Sales Tax/VAT. tragedy under U.N. auspices. Hon. NEWT GINGRICH, Virginia Postrel, Editor, Reason maga- It is crucial that Bishop Belo receive the Speaker of the House of Representatives, The zine; Sheldon Richman, Senior Editor, maximum possible international support for his Capitol, Washington, DC. The Cato Institute; Tanya Metaksa, DEAR MR. SPEAKER: We are writing to ex- Executive Director, Institute for Legis- heroic efforts. In the year to come, I will work press serious concerns about the Administra- with my colleagues to help ensure that he gets lative Action, National Rifle Associa- tion’s efforts to continue to restrict the abil- tion; Kellyanne Fitzpatrick, The Poll- it. ity of computer users at home and abroad to ing Company; and Donna Matias, Insti- protect their personal and private informa- tute for Justice. tion over electronic networks through the COMPUTER PRIVACY use of encryption technology. The Adminis- NOVEMBER 8, 1995. tration seems determined to ensure govern- Hon. ALBERT GORE, Jr., ment surveillance of all electronic informa- Office of the Vice President, Old Executive Of- HON. BOB GOODLATTE tion and communications. It began with fice Building, Washington, DC. OF VIRGINIA President Clinton’s ‘‘Clipper Chip,’’ but has DEAR MR. VICE PRESIDENT: A secure, pri- IN THE HOUSE OF REPRESENTATIVES not stopped. vate, and trusted Global Information Infra- Wednesday, December 6, 1995 Consumers aren’t happy with these propos- als, and neither is the business community structure (GII) is essential to promote eco- Mr. GOODLATTE. Mr. Speaker, I rise today nor civil libertarians. In fact, it’s hard to nomic growth and meet the needs of the In- to bring to the attention of all Members of find anyone supportive outside the Adminis- formation Age society. Competitive busi- nesses need cryptography to protect propri- Congress, action being taken by the adminis- tration except for the few that would benefit from the Administration’s ‘‘proposed relax- etary information as it flows across increas- tration which threatens the personal privacy of ingly vulnerable global networks. Individ- everyone using a computer. Let me explain. ation’’ of the nation’s export policy. The Administration refuses to let Amer- uals require privacy protection in order to Even before Julius Caesar began dispatch- ican computer hardware and software com- build the confidence necessary to use the GII ing runners with coded messages, govern- panies sell products with good encryption for personal and financial transactions. Pro- ments and private citizens have searched for worldwide unless the U.S. Government is moting the development of the GII and meet- ways to protect vital personal and business guaranteed access to a key that unlocks that ing the needs of the Information Age will re- secrets. As communications have become information. The Administration is trying to quire strong, flexible, widely-available cryp- tography. The undersigned groups recognize more sophisticated, so too have the methods leverage these companies’ need to export— they derive more than half their earnings that the Administration’s recently articu- used to secure private and confidential com- lated cryptography initiative was a serious munications. Information sent by computer from sales abroad—and desire to develop a single product worldwide, to force them to attempt to meet some of these challenges, today is often protected by ``encryption'' tech- include a feature in products they sell in the but the proposed initiative is no substitute nology. The technology applies a mathemati- U.S. and abroad that will allow government for a comprehensive national cryptography cal equation which scrambles data so it can access. Administration officials also have policy. To the extent that the current policy only be read by the person holding the ``key'' said that if American companies do not ‘‘vol- becomes a substitute for a more comprehen- which unscrambles the information. For years, untarily’’ include such a feature, then they sive policy, the initiative actually risks hin- dering the development of a secure and the Government has argued that it should hold will seek legislation making such a feature mandatory. trusted GII. a ``key'' to everyone's computerÐyou may re- A number of the undersigned organizations call the ``clipper chip'' debate during the last The Administration’s approach is the wrong policy for today’s marketplace. have already written to express concern Congress. It’s anti-consumer. Computer users will about the latest Administration cryptog- Despite the wholehearted rejection of the not entrust their sensitive information to raphy initiative. As some of us have noted, clipper chip, the Government is back at it. computer networks unless its security and the Administration’s proposed export cri- Yesterday, the National Institute of Standards privacy are assured. Without good privacy teria will not allow users to choose the and Technology [NIST] held a hearing on an protection, there simply will not be a Global encryption systems that best suit their secu- administration proposal called the ``64-bit soft- Information Infrastructure—and America rity requirements. Government ceilings on key lengths will not provide an adequate ware key escrow encryption export criteria.'' won’t be in the lead. It’s anti-marketplace. There is no level of security for many applications, par- Beyond this technical jargon, this appears to consumer demand for encryption products ticularly as advances in computing render be a very dangerous proposal; some are refer- that give the government easy access. The current cryptography systems less secure. ring to it as the ``son of clipper.'' The new pro- Administration has come forward with a typ- Competitive international users are steadily posal is opposed by a wide range of interests, ical big-government approach—a govern- adopting stronger foreign encryption in their including the high-technology industry, free ment designed solution for a government products and will be unlikely to embrace speech advocates, and free-market groups. problem. This completely overlooks the re- U.S. restrictions. As they stand, current ex- The Ad Hoc Taxpayer Coalition for Com- alities of a free-market. port restrictions place U.S. hardware manu- facturers, software developers, and computer puter Privacy, which includes Americans for It is anti-American business. The Adminis- tration’s current policies are seriously harm- users at a competitive disadvantage, seri- Tax Reform, and Citizens for a Sound Econ- ing the continued competitiveness of one of ously hinder international interoperability, omy, says this proposal is anticonsumer, our fastest growing and most successful in- and threaten the strategically important antimarketplace, anti-American business, and dustries—the computer hardware and soft- U.S. communications and computer hard- antiprogress. A group of three dozen high-tech ware industry. Computer users are demand- ware and software industries. Moreover, the business interests have informed the adminis- ing good encryption but American companies Administration policy does not spell out any tration that they will attempt to craft their own are not allowed to supply it. Yet there are of the privacy safeguards essential to protect policy because the administration's just misses hundreds of foreign encryption products individual liberties and to build the nec- essary public trust in the GII. the boat. Mr. Speaker, I ask unanimous con- manufactured and encryption programs are widely available on the Internet. The current policy directive also does not sent to insert letters from these two groups in Finally, it is anti-progress. Wishing that address the need for immediate liberaliza- the CONGRESSIONAL RECORD as well as letters there was no encryption available will not tion of current export restrictions. Such lib- from the Business Software Alliance, the Infor- make it so. The technology is widely under- eralization is vital to enable U.S. companies mation Technology Association of America, stood and available—you can’t put this genie to export state-of-the-art software products E 2308 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 1995 during the potentially lengthy process of de- dustry Association; and ViON Corpora- Internet. In the last few years, American veloping and adopting a comprehensive na- tion. companies have adapted their business plans tional cryptography policy. Without relief, to work with the realities of the Internet. industry and individuals alike are faced with BUSINESS SOFTWARE ALLIANCE, Companies wishing to provide software for, an unworkable limit on the level of security Washington, DC, November 9, 1995. or do business on, the Internet must ac- available and remain hamstrung by restric- Hon. ALBERT GORE, knowledge such standards if they are to have tions that will not be viable in the domestic Vice President of the United States, The White any chance of gaining widespread accept- and international marketplace. House, Washington, DC. ance. Finally, the 40-bit key length ignores Many members of the undersigned groups DEAR MR. VICE PRESIDENT: Last summer the ability of NSA to decode encryption with have been working actively with the Admin- our member companies Chief Executive Offi- longer keys (through brute force attacks and istration on a variety of particular applica- cers and I wrote you expressing the Amer- other approaches because of their intimate tions, products, and programs promoting in- ican software industry’s most serious con- knowledge of the programs) and thereby to formation security. All of us are united, cern about the continuing inability to export protect national security. however, by the concern that the current generally available software programs with 3. Work with industry, privacy groups and network and information services environ- the encryption capabilities customers world- Congress on a comprehensive national ment is not as secure as it should be, and wide demand. We also conveyed BSA’s ex- encryption policy. that the current policy direction will delay treme disappointment about the lack of con- The digital information age and GII the secure, private, and trusted environment sultation with industry regarding the devel- present opportunities and challenges to com- that is sought. opment of so-called key escrow encryption puter users concerned about privacy at home Despite the difficulties of balancing the approaches. and in their businesses, as well as law en- competing interests involved, the under- On August 17th, the Administration an- forcement agencies. We appreciate and re- signed companies, trade associations, and nounced its most recent decisions on spect law enforcement needs—but, in turn, privacy organizations are commencing a encryption policy. We learned more about the FBI and other agencies should under- process of collective fact-finding and policy the Administration’s approach in discussions stand the nature and evolution of computer deliberation, aimed at building consensus with members of the Interagency Working networks and the needs and desires of com- around a more comprehensive cryptography Group on Encryption and at three days of puter users for reliable, flexible and trust- policy framework that meets the following presentations and discussions at NIST. This worthy information security features. There criteria: Monday, November 6th, NIST published fur- must be an open public debate. Congress Robust security: access to levels of ther defined, yet essentially unchanged cri- should be involved. Information security encryption sufficient to address domestic teria for the export of software-based key es- policies for the electronic world are fun- and international security threats, espe- crow encryption. damental to the success of the GII and are cially as advances in computing power make After careful and serious deliberation by too important to be addressed behind closed currently deployed cryptography systems our members, we have concluded that the doors at secret agencies. less secure. Administration’s approach is fatally flawed Sincerely, International interoperability: the ability and cannot be the basis for progress in this ROBERT W. HOLLEYMAN II, to securely interact worldwide. area. Instead, we strongly urge the Adminis- President. Voluntary use: freedom for users to choose tration to: encryption solutions, developed in the mar- 1. Separate export control issues from na- INFORMATION TECHNOLOGY ketplace, that meets their particular needs. tional encryption policy. ASSOCIATION OF AMERICA, Acceptance by the marketplace: commer- American software companies seek to de- Arlington, VA, September 27, 1995. cial viability and ability to meet the ex- velop, market and sell a single version of Hon. AL GORE, pressed needs of cryptography users. their program worldwide. The Administra- Vice President of the United States, Washing- Constitutional privacy protections: safe- tion appears to be trying to leverage our ton, DC. guards to ensure basic Fourth amendment companies’ desire to export their programs DEAR MR. VICE PRESIDENT: The ability of privacy protection and regulation of in order to force those companies to include companies and individuals to ensure that the searches, seizures, and interceptions. features in the programs they sell abroad information they send over communications Respect for the legitimate needs of law en- and in the U.S. that will permit government networks is secure is a prerequisite to ex- forcement and national security while rec- access to encrypted information, even ploiting the potential of the Global Informa- ognizing the reality that determined crimi- though such features are commercially unde- tion Infrastructure. It will have a large im- nal will have access to virtually unbreakable sirable and there is no current requirement pact on the ability of U.S. firms to compete encryption. that they be employed by domestic users. in the global marketplace and create jobs In six months, we plan to present our ini- Thus, in the name of ‘‘national security,’’ it here. tial report to the Administration, the Con- appears that the Administration really is at- While the Administration has been a force- gress, and the public in the hopes that it will tempting to satisfy domestic law enforce- ful and effective advocate of the Global In- form the basis for a more comprehensive, ment concerns—without industry input, pub- formation Infrastructure, its restrictive poli- long-term approach to cryptography on the lic debate or congressional involvement. We cies on the export of encryption technology GII. We look forward to working with the urge you not to let export control policy dic- has created a major barrier to realizing the Administration on this matter. tate national encryption policy. Administration’s vision. Sincerely, 2. Immediately permit the export of gen- The Information Technology Association American Electronics Association; erally available software programs employ- of America (ITAA) believes that the Admin- America Online, Inc.; Apple Computer, ing the Data Encryption Standard (DES) al- istration’s key escrow encryption proposal Inc.; AT&T; Business Software Alli- gorithm or other algorithms at comparable announced on August 17, 1995 has some fun- ance; Center for Democracy & Tech- strengths, provided information about the damental flaws. nology; Center for National Security program is submitted to NSA under a strict Most significantly, the Administration’s Studies; Commercial Internet Ex- non-disclosure arrangement. Also, thereafter proposal misses the reality that a de facto change Association; CompuServe, Inc.; increase automatically the permissible key global standard exists today, and that stand- Computer & Communications Industry length two bits every three years given that ard is DES: a 56 bit, encryption method that Association; Computing Technology In- the computing power for the same cost dou- is used without any key escrow require- dustry Association; Crest Industries, bles every 18 months (i.e. institute a ‘‘COCA’’ ments. Increases in computational power are Inc.; Dun & Bradstreet; Eastman or ‘‘Cost Of Cracking Adjustment’’). causing consumers to look for strong Kodak Company; Electronic Frontier American software companies have been encryption and 40-bit key lengths have been Foundation; Electronic Massaging As- forced to continue limiting the strength of broken recently. DES is widely available sociation; ElijaShim Microcomputers, their encryption to the 40-bit key length throughout the world, and many end-users Inc.; Formation, Inc. level. But this outdated level ignores the are demanding security for their commu- Institute for Electrical and Electronic fact that the DES algorithm with 56-bit key nications beyond this 56 bit standard. That Engineers—United States Activities; lengths is the current worldwide standard. It is, end-users’ confidence in 56 bit encryption Information Industry Association; In- ignores the serious vulnerability of 40-bit is weakening and even DES may soon be ob- formation Technology Industry Coun- encryption to successful commercial attack solete. These realities are market-driven and cil; Information Technology Associa- by those employing commercially available will not change as a result of U.S. govern- tion of America; Lotus Development resources (e.g. the successful hacking of ment intervention. Corporation; MCI; Microsoft Corpora- Netscape). It ignores the availability of hun- Given these market realities, the Adminis- tion; Novell, Inc.; OKIDATA Corpora- dreds of alternatives from scores of foreign tration should decontrol immediately the ex- tion; Oracle Corporation; Securities In- manufacturers. port of 64 bit key length encryption software dustry Association; Software Industry Additionally, it ignores the fact that all with no strings attached. Even this level of Council; Software Publishers Associa- proposed Internet Protocols addressing secu- decontrol will have to be addressed again in tion; Software Security, Inc.; Summa rity call for an encryption standard at least the not too distant future given the march of Four, Inc.; Sybase, Inc.; Tandem Com- at the DES level. The backbone of the Global technology and rapid increases in computing puters, Inc.; Telecommunications In- Information Infrastructure (GII) is the power. December 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2309 In addition, if industry were to agree to communications networks, computers, accusations by tallying up the so-called un- the government’s requirement to invest in databases, and consumer electronics . . .’’. identified bodies registered in municipal cre- and build a potentially expensive and tech- It appears that the proposed export cri- mation grounds throughout Punjab. It should nically complicated escrow scheme in ex- teria are driven solely by the views of law change for the right to export, non-escrow enforcement and national security agencies, be known that in Punjab, family networks are technology could be placed at a disadvantage without taking into account the needs of extremely tight which would leave rare occa- in the domestic marketplace. Such a devel- commercial users. While law enforcement sion for someone to die and not have the opment could suppress technological innova- and national security goals are important, body identified by the next of kin. In the Amrit- tion and slow development of more powerful export restrictions that do not reflect mar- sar District alone, Mr. Khalra found 6,017 un- levels of information security. ketplace realities may drive U.S. companies identified bodies registered in the municipal Finally, we do not think it is necessary to to move their encryption work off shore, re- crematorium. These findings seem to support mandate that a number of commercial com- sulting in the loss of an important domestic Mr. Khalra's claim that the Punjab police have panies will gain the right to qualify as es- technology base, as well as defeating the been killing Sikh and cremating their remains crow key agents. We see no reason why orga- very purpose of the restrictions. nizations could not hold their own keys. As you work to finalize the export criteria, as unidentified bodies in order to erase any Just as the Cold War dictated that the na- we urge you to also immediately decontrol evidence of police wrongdoing. Under these tion engage in a costly defense against a real the export of commercial software, at least circumstances we can understand why Am- threat, so must U.S. industry be allowed to to allow the export of products including the nesty International states in its latest report, arm itself with encryption protection strong Data Encryption Standard (DES), which has ``Determining the Fate of the `Disappeared in enough to meet the known threat to our in- become the global standard for business and Punjab,'' that ``the Punjab Police have been al- dustrial and economic security. We look for- personal use. lowed to commit human rights violations with ward to working with the Administration to We are further concerned about the accel- ensure that the U.S. policy on encryption erated effort to develop Federal key escrow impunity.'' balances both economic and national secu- standards. The Federal Information Process- As a result of the letter of the 65 Members rity interests. ing Standards appear designed to establish of Congress, President Clinton wrote a letter ITAA represents more than 6,500 members de facto private sector computer security to Congressman GARY CONDIT, the initiator of and affiliates throughout the United States. standards. FIPS, which are designed to meet the letter to express that he, too, is ``con- High technology industry segments rep- specific government needs, should not drive cerned by reports regarding Jaswant Singh resented in our membership include soft- national policy on information infrastruc- Khalra.'' The President stated that the ``U.S. ware, telecommunications, services, systems ture, law enforcement, security, and export integrators and computers. Many of these Embassy in New Delhi has already made in- control. With so many fast-breaking com- quiries into these allegations with various In- companies are international and view their mercial developments in this area, it is far markets as global. from clear what technologies will emerge dian Government agencies, and Ambassador Thank you for considering our comments. from the marketplace. If the FIPS process Wisner has raiser the issue with high-ranking If you have any questions, please contact me proceeds too quickly, the government may officials.'' at 703–284–5301 (telephone) or end up adopting standards that are incom- Turning up the pressure on India even fur- [email protected] (e-mail). patible with those used in international com- ther, Congressman CONDIT is sending a letter Sincerely, mercial markets. to the Secretary General of the United Na- HARRIS N. MILLER, ITI looks forward to working with the Ad- President. tions, Boutros-Boutros Ghali, in which he asks ministration to develop a national cryptog- the United Nations to ``issue a strong state- raphy policy that provides law enforcement INFORMATION TECHNOLOGY and national security agencies with due ment condemning the murders of over 25,000 INDUSTRY COUNCIL, process access, but which also meets the Sikhs'' and to ``demand the release of Mr. Washington, DC, October 10, 1995. interoperable security needs of the GII. ITI Khalra by India immediately.'' Hon. ALBERT GORE, Jr., is continuing to develop specific comments The media has been watching the congres- Office of the Vice President, Old Executive Of- on the proposed export criteria, which we sional activity on behalf of the Sikhs closely. fice Building, Washington, DC. will detail in a follow-up letter to your staff. The November 28 issue of the Washington DEAR MR. VICE PRESIDENT: I am writing on In the meantime, we hope you will consider Times ran an article titled, ``Clinton checks behalf of the Information Technology Indus- these comments as you continue to refine try Council to let you know our views on the India'', reporting on President Clinton's con- your encryption proposals. demnation of India's abduction of Mr. Khalra. Administration’s recent encryption proposal. Sincerely, ITI represents the leading U.S. providers of RHETT DAWSON, On November 3, the Washington Times also information technology products and serv- President. reported on an encounter between Dr. Gurmit ices. Our members had worldwide revenue of Singh Aulakh, President of the Council of $323 billion in 1994 and employ more than one Khalistan and Indian Ambassador S.S. Ray million people in the United States. It is our member companies that are providing much AN INDEPENDENT KHALISTAN which occurred in the halls of the Longworth of the hardware, software, and services that House Office Building. Dr. Aulakh, the article are making the ‘‘information superhighway’’ HON. PHILIP M. CRANE reports, ``blames Mr. Ray for widespread a reality. OF ILLINOIS human rights abuses when the ambassador ITI applauds your efforts to further de- IN THE HOUSE OF REPRESENTATIVES was Governor of Punjab in the late 1980's. velop U.S. policy on export of encryption During that time thousands died in violence technologies and your willingness to hear Wednesday, December 6, 1995 linked to Sikh demands for a separate home- from the private sector on your recent pro- Mr. CRANE. Mr. Speaker, I rise today to in- land.'' When Dr. Aulakh encountered Mr. Ray posal. However, ITI believes the proposal does not adequately meet the needs of indus- form my colleagues, the American people, and in the Longworth building, he did not hestate try or users, nor does it sufficiently recog- the international community about the recent to speak his mind. As the article quotes Dr. nize the importance of information security surge of activity that has occurred in this town Aulakh: ``I walked up to him and told him, `You to economic growth and industrial society in regarding the Sikh struggle for an independent are a murderer and should not be walking the information age. Specifically, the pro- Khalistan. these halls.' '' posed criteria will restrict users’ freedom to On October 19, 1995, 65 Members of Con- The efforts of Dr. Aulakh and the Council of choose the encryption that best meets their gress signed a letter to Indian Prime Minister Khalistan on behalf of the Sikh nation in its security needs and the key management sys- P.V. Narasimha Rao demanding the release of struggle for freedom from India have been tem appropriate to those needs, will not allow users to maintain and manage their Sikh human rights activist Jaswant Singh highly successful. According to News India- own keys, ignores the steady improvements Khalra. Mr. Khalra was abducted by Indian po- Times, ``Sikh Nation activists led by Gurmit in the ability of competitive foreign firms to lice in front of his home on September 6. It Singh Aulakh perhaps pose the biggest chal- incorporate strong security features in their appears that Mr. Khalra represents a threat to lenge and threat to India's lobbying efforts in products and services, and will be difficult to the Indian Government because he had re- the capital.'' Mr. Speaker, I would submit that implement internationally. The proposed cently published a report in which he esti- the reason for the success of the Sikh nation interoperability criteria will make it more mated that Indian police in Punjab, working in the U.S. Congress is due half in part by ex- difficult for domestic users to use non-key under the direction of the Indian Government, tremely hard work on the part of the Sikhs and escrow encryption in the United States. Sys- tems that do not interoperate are not attrac- had abducted murdered, and cremated over half in part to the fact that evidence against tive to domestic and international customers 25,000 Sikhs. Sikhs have long accused the In- India is so overwhelming. Though it claims to with significant installed bases and are con- dian police in Punjab of conducting their terror be a democracy, India is one of the most bru- trary to your own definition of the informa- campaign against the Sikhs according to this tal regimes in the world regarding its dealings tion superhighway as a ‘‘seamless web of modus operandi. Mr. Khlara confirmed these with minority nations and people under its rule. E 2310 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 1995 Against the efforts of India's lobbying machine ers, M.C.; Matt Salmon, M.C.; Richard ‘‘The Sikh nation thanks these freedom- Dr. Aulakh, has been able to highlight this ‘‘Doc’’ Hastings, M.C.; Ileana Ros- loving Members of Congress for their support fact. India-West, November 10, has reported Lehtiner, M.C.; Phil English, M.C.; of Mr. Khalra’s freedom,’’ said Dr. Gurmit Richard Burr, M.C.; Connie Morella, Singh Aulakh, President of the Council of that there is speculation that Ambassador S.S. M.C.; Carlos Romero-Barcelo, M.C.; Khalistan. ‘‘Mr. Khalra has been made to Ray may be recalled back to New Delhi. This Sanford D. Bishop, M.C.; Jim Moran, ‘disappear’ because he exposed India’s brutal is due in part to his ineffectiveness at counter- M.C.; Martin R. Hoke, M.C.; Jack tyranny against the Sikh nation,’’ he said. ing issues exposed by Dr. Aulakh. Perhaps Metcalf, M.C.; Amo Houghton, M.C.; ‘‘The Sikh nation can no longer suffer under Mr. Ray is not to blame. It appears that truth Jerry Solomon, M.C.; Robert Torricelli, this brutal regime. The time has come to is on the side of the Sikh nation and the time M.C.; Ed Whitfield, M.C.; Melvin L. start a shantmai morcha (peaceful agitation) has come for India to cease its oppression of Watt, M.C.; Jim Kolbe, M.C.; John to liberate Khalistan,’’ Dr. Aulakh said. the Sikhs and honor their right of freedom. Shadegg, M.C.; J.D. Hayworth, M.C.; Khalistan is the independent Sikh country James H. Quillen, M.C.; Barbara Cubin, declared on October 7, 1987. ‘‘It is time for ECORD I submit for the R material pertinent to M.C.; Charlie Norwood, M.C.; Vic Fazio, India to recognize the inevitable and get out the recent congressional activity in favor of the M.C.; Chris Cox, M.C.; Joe of Khalistan. Democratic principles demand struggle for Sikh freedom. Scarborough, M.C.; Bill Richardson, it.’’ HOUSE OF REPRESENTATIVES M.C.; Steve Schiff, M.C. Washington, DC, October 19, 1955. HOUSE OF REPRESENTATIVES, Hon. P.V. NARASHIMA RAO, COUNCIL OF KHALISTAN, Washington, DC, November 27, 1995. Prime Minister of India, Chankaya Puri, New Washington, DC. Hon. BOUTROS-BOUTROS GHALI, Delhi, India. U.S. CONGRESS DEMANDS RELEASE OF Secretary General of the United Nations, United DEAR PRIME MINISTER RAO: According to KHALRA, MURDERS OF OVER 25,000 SIKHS EX- Nations Headquarters, New York, NY. DEAR SECRETARY GENERAL GHALI: While I an Amnesty International ‘‘Urgent Action’’ POSED am pleased that the United Nations took bulletin issued on September 7, Punjab po- WASHINGTON, October 20.—A bipartisan such strong action to condemn Nigeria for lice abducted Sikh human rights activist group of 65 Members of Congress today wrote its execution of nine political activists, I am Jaswant Singh Khalra from his home in Am- to Indian Prime Minister P.V. Narasimha concerned that repression in other regions of ritsar on September 6. His whereabouts are Rao demanding that Sikh human rights ac- the world continues to go unnoticed. Specifi- unknown. As the general secretary of Human tivist Jaswant Singh Khalra, the general sec- cally, human rights abuses in India have Rights Wing (Shiromani Akali Dal), Mr. retary of the Human Rights Wing been prevalent and must cease. Khalra had published a report showing that (Shiromani Akali Dal) be released. Khalra Earlier this year, Jaswant Singh Khalra, the Punjab police have arrested more than was abducted by Amritsar police on Septem- general secretary of the Human Rights Wing 25,000 young Sikh men, tortured them, mur- ber 6 after he issued a report showing that (Shiromani Akali Dal), issued a report show- dered them, then declared them ‘‘unidenti- the Indian regime has abducted more than ing that over 25,000 young Sikh men have fied’’ and cremated their bodies. These atroc- 25,000 young Sikh men, tortured them, mur- been kidnapped by the Indian government, ities are intolerable in any country, espe- dered them, declared their bodies ‘‘unidenti- tortured and killed. His report detailed how cially one that calls itself a democracy. fied’’ and cremated them. ‘‘After the report their bodies were then listed as ‘‘unidenti- After the report was published, Mr. Khalra was published,’’ the letter says, ‘‘Mr. Khalra fied’’ and cremated to cover up police re- was told by the Amritsar district police was told by the Amritsar district police sponsibility. These young Sikhs are among chief, ‘‘We have made 25,000 disappear. It chief, ‘We have made 25,000 disappear. It more than 150,000 Sikhs murdered by the In- would be easy to make one more disappear.’’ would be easy to make one more dis- dian government in Punjab, Khalistan since This abuse of police power is inexcusable. appear.’ ’’ 1984. For this, Mr. Khalra was abducted by The right to speak out and expose atroc- The letter was initiated by Rep. Gary the police in Amritsar on September 6. His ities is one of the most fundamental rights of Condit (D-Cal.), ranking member of an Agri- whereabouts remain unknown. Mr. Khalra free individuals. As long as Mr. Khalra re- culture subcommittee and a longtime sup- had been previously told by the Amritsar po- mains in detention, how can anyone in India porter of Sikh freedom. It carried more signa- lice chief that ‘‘it would not be hard to make feel secure exercising his or her democratic tures than any previous letter concerning In- one more disappear.’’ In an Urgent Action liberties? dian tyranny. Signers of the letter include bulletin issued on September 7, Amnesty Many of us wrote to you previously urging members of the leadership of both parties International expressed fear that he may be that the passports of Sikh leader Samranjit such as Rep. Gerald Solomon, chairman of made to ‘‘disappear’’ and tortured. Singh Mann and Dalit (‘‘black untouchable’’) the powerful House Rules Committee; Appro- On October 19, sixty-five members of the leader V.T. Rajshekar be restored. Your gov- priations Committee chairman Rep. Robert U.S. Congress, including myself, wrote to In- ernment has not acted, and Mr. Mann and Livingston (R-La.); Rep. Christopher H. dian Prime Minister P.V. Narashima Rao de- Mr. Rajshekar remain unable to travel. The Smith (R-NJ), chairman of the Subcommit- manding the release of Mr. Khalra. I am en- right to travel is fundamental to a demo- tee on International Operations and Human closing a copy of that letter. No action has cratic nation. Rights; Rep. Ronald Dellums (D-Cal.), rank- been taken. We are concerned that Mr. Mr. Prime Minister, we call upon your gov- ing minority member of the National Secu- Khalra will simply become one more victim ernment to release Mr. Khalra immediately. rity Committee; Congressional Black Caucus of Indian ‘‘democracy.’’ I am also enclosing We also urge you to restore the passports of chairman Donald Payne (D-NJ); Rep. Philip recent correspondence I received from Presi- Mr. Rajshekar and Mr. Mann. If India is a M. Crane (R-Ill.), chairman of the Ways and dent Clinton expressing his concern about democratic country, it must end these gross Means subcommittee on Trade; Rep. Vic this situation. violations of human rights and democratic Fazio (D-Cal), chairman of the Democratic In light of your action against the Nige- principles. Only then can democracy truly Caucus; Rep. Dan Burton (R-Ind), chairman rian government, it is hypocritical for the begin to flower. We await your response. of the Southern Hemisphere subcommittee United Nations to turn a blind eye to India’s Sincerely, and a longtime friend of the Sikh nation; and tyranny. I call upon you to take strong ac- Gary A. Condit, M.C.; James A. Trafi- other prominent members too numerous to tion against India. Specifically, I ask that cant, M.C.; William Jefferson, M.C.; list. the United Nations issue a strong statement Peter King, M.C.; Randy ‘‘Duke’’ ‘‘These atrocities are unacceptable in any condemning the murders of over 25,000 Sikhs Cunningham, M.C.; Roscoe Bartlett, country,’’ the letter says, ‘‘especially one and that the United Nations demand the re- M.C.; Jack Fields, M.C.; Donald M. that calls itself a democracy.’’ India has not lease of Mr. Khalra by India immediately. Payne, M.C.; Dan Burton, M.C.; Phil only murdered more than 120,000 Sikhs since It is incumbent upon the U.N. under the Crane, M.C.; Richard Pombo, M.C.; 1984, it has also killed over 200,000 Christians United Nations charter to defend basic Karen McCarthy, M.C.; Neil Abercrom- in Nagaland since 1947, over 43,000 Kashmiri human rights. Freedom is the universal right bie, M.C.; Wally Herger, M.C.; Dana Muslims since 1988, tens of thousands of As- of all peoples and nations. I look forward to Rohrabacher, M.C.; Esteban Torres, samese, Manipuris, and others, and thou- your response. M.C.; Ronald V. Dellums, M.C.; John T. sands of Dalits (‘‘black untouchables’’). Sincerely, Doolittle, M.C.; Michael Forbes, M.C.; ‘‘Disappearances‘‘ like M. Khalra’s are rou- GARY A. CONDIT, Enid G. Waldholtz, M.C.; Gil tine. Member of Congress. Gutknecht, M.C.; Victor Frazer, M.C.; ‘‘The right to speak out and expose atroc- John Porter, M.C.; Sam Gejdenson, ities is one of the most fundamental rights of THE WHITE HOUSE M.C.; Bob Livingston, M.C.; Edolphus free individuals,’’ the letter says. ‘‘As long as Washington, November 15, 1995. Towns, M.C.; Chris Smith, M.C.; Wil- Mr. Khalra remains in detention, how can Representative GARY A. CONDIT, liam O. Lipinski, M.C.; Scott Klug, anyone in India feel secure exercising his or House of Representatives, M.C.; Lincoln Diaz-Balart, M.C.; Dick her democratic rights?’’ It goes on to say, ‘‘If Washington, DC. Zimmer, M.C.; Collin Peterson, M.C.; India is a democratic country, it must end DEAR REPRESENTATIVE CONDIT: Thank you Pete Geren, M.C.; Joe Skeen, M.C.; these gross violations of human rights and for sharing with me your recent letter to Duncan Hunter, M.C.; Jim Ramstad, democratic principles. Only then can democ- Prime Minister Rao of India regarding the M.C.; Floyd Flake, M.C.; Bernie Sand- racy truly begin to flower.’’ situation in Punjab. December 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2311 I, too, am concerned by the reports regard- of the leadership of both parties such as The California Democrat organized the ing Jaswant Singh Khalra. The U.S. Embassy Reps. Gerald Solomon, Republican from New congressional letter to Indian Prime Min- in New Delhi has already made inquiries into York who chairs the House Rules Commit- ister P.V. Narasimha Rao, a copy of which these allegations with various Indian govern- tee; Robert Livingston, Republican from was sent to the White House. ment agencies, and Ambassador Wisner has Louisiana, chairman of the Appropriations Mr. Condit cited an Amnesty International raised the issue with high-ranking Indian of- Committee; Christopher Smith, Republican bulletin of Sept. 7 that accused Indian police ficials. We will continue these efforts. I ap- from New Jersey, chairman of the House of abducting Mr. Khalra for investigating ac- preciate your interest and concern on this International Relations Subcommittee on cusations that police in Punjab murdered issue. International Operations and Human Rights; thousands of Sikh men. With best wishes and warm regards. Ronald Dellums, Democrat from California, ‘‘The U.S. Embassy in New Delhi has al- Sincerely, ranking minority member of the National ready made inquiries into these allegations BILL CLINTON. Security Committee; Donald Payne, Demo- with various Indian government agencies, crat from New Jersey, chairman of the Con- and Ambassador Wisner has raised the issue [From India Abroad, Dec. 1, 1995] gressional Black Caucus; Philip Crane, Re- with high-ranking Indian officials,’’ Mr. CLINTON ‘‘CONCERNED’’ BY PRO-KHALISTANI’S publican from Illinois, chairman of the Ways Clinton wrote. and Means Subcommittee on Trade; and Vic ARREST ‘‘We will continue these efforts.’’ Fazio, Democrat from California, chairman Mr. Condit’s letter to the Indian prime (By Aziz Haniffa) of the Democratic Caucus. minister noted that Mr. Khalra ‘‘had pub- WASHINGTON.—In a letter that is likely to Aulakh was elected over Clinton’s expres- lished a report showing that the Punjab po- ignite yet another controversy in Indo-U.S. sion of concern in his letter to Condit, say- lice have arrested more than 25,000 young political and diplomatic relations, President ing, ‘‘President Clinton’s letter once again Sikh men, tortured them, murdered them, Clinton has said that he shares the concern exposes the Indian regime’s true face and ex- then declared them ‘unidentified’ and cre- of several pro-Khalistani legislators over the plodes the myth of Indian democracy.’’ mated their bodies. abduction of a Sikh human rights activist. ‘‘We appreciate the support of President ‘‘These atrocities are intolerable in any In a missive to Rep. Gary Condit, Demo- Clinton in this issue,’’ Aulakh declared. country, especially one that calls itself a de- crat from California, who has publicly en- ‘‘India cannot withstand this kind of pres- mocracy. * * * dorsed the concept of a separate state of sure. This scrutiny should make the regime ‘‘This abuse of police power is inexcus- Khalistan, Clinton said, ‘‘I, too, am con- release Mr. Khalra soon.’’ able.’’ Diplomatic observers acknowledged that cerned by the reports regarding Jaswant The congressional letter was the product of Clinton’s expression of concern in reply to a Singh Khalra,’’ the general secretary of the effective lobbying by Gurmit Singh Aulakh letter from a pro-Khalistani legislator, and Human Rights Wing (Shiromani Akali Dal). of the Council of Khalistan, which represents an assurance that his Ambassador to India The President, while thanking Condit ‘‘for Sikhs pressing for a separate homeland. sharing with me your recent letter to Prime was looking into the matter, was a clear in- dication that the pro- Khalistanis in the U.S. Minister (Narasimha) Rao of India regarding [From the Washington Times, Nov. 3, 1995] the situation in Punjab,’’ said that ‘‘the U.S. had scored another coup in terms of trying ‘‘MURDERER,’’ HE CRIED Embassy in New Delhi has already made in- to embarrass New Delhi. quiries into these allegations with various One diplomatic observer noted that, when (By James Morrison) Indian government agencies, and Ambas- Punjab Chief Minister Beant Singh was as- Whatever the Indian Embassy might think sador Wisner has raised the issue with high- sassinated Aug. 31, Clinton had not publicly of Gurmit Singh Aulakh, it would agree he is ranking Indian officials.’’ ‘‘We will continue condemned the killing nor had the White not a shy man. these efforts,’’ Clinton promised Condit, and House or the State Department issued any Consider a recent encounter with Indian informed the legislator that he appreciated statement. It was left to Indian correspond- Ambassador Siddhartha Shankar Ray. ‘‘your interest and concern on the issue.’’ ents here to elicit a statement out of a Mr. Aulakh, a leader of Sikh expatriates, Last month, Condit initiated a letter to spokesman for the South Asia Bureau, say- spotted Mr. Ray in the Longworth House Of- Rao that was co-signed by a bipartisan group ing that the U.S. regrets ‘‘the lives lost’’ and fice Building one day last month. of 64 other legislators that demanded that that Washington deplores ‘‘this senseless act ‘‘I walked up to him and told him, ‘You are Khalra be released. of violence.’’ a murderer and you should not be walking Even then, the spokesman refused to as- The letter to Rao, a copy of which was sent these halls,’ ’’ Mr. Aulakh said, describing sign any blame to Sikh terrorists, saying the to Clinton, said that according to Amnesty the brief confrontation. Administration had seen only news reports International’s ‘‘Urgent Action’’ bulletin is- Mr. Aulakh, president of the Council of about the murder and had no information on sued on Sept. 7, Punjab police had abducted Khalistan, blames Mr. Ray for widespread whether it was a terrorist act. Khalra from his home in Amritsar on Sept. 6, Later in the week, Condit, obviously human rights abuses when the ambassador and his whereabouts were unknown. buoyed by the letter from Clinton and egged was governor of the Indian state of Punjab in The letter, written at the urging of the on by the Council of Khalistan, also wrote to the late 1980s. During that time thousands Council of Khalistan, the leading pro- U.N. Secretary General Boutros Boutros died in violence linked to Sikh demands for Khalistan lobbying group in the United Ghali calling for U.N. intervention to seek a separate homeland. States, headed by Dr. Gurmit Singh Aulakh, the release of Khalra. Mr. Ray could not be reached for comment noted that Khalra had published a report He urged the U.N. to ‘‘take strong action yesterday. showing that the Punjab police have arrested against India, and wrote specifically that the Mr. Aulakh has most recently been busy more than 25,000 young Sikh men, tortured U.N.’’ issue a strong statement condemning on two fronts directed at India. them, murdered them, then declared them the murders of over 25,000 Sikhs and that the He is organizing a rally scheduled for to- ‘‘unidentified’’ and cremated their bodies. United Nations demand the release of Mr. morrow at noon in Lafayette Park to march The letter by the 65 legislators to Rao said, Khalra by India immediately.’’ In his mes- on the Indian Embassy on the anniversary of ‘‘These atrocities are intolerable in any sage to the U.N. Secretary-General, Condit a 1984 confrontation in Delhi in which thou- country, especially one that calls itself a de- also enclosed a copy of the Oct. 19 letter he sands of Sikhs were killed. mocracy.’’ and 64 other U.S. legislators wrote to Rao re- Mr. Aulakh has also been publicizing a let- It said that after Khalra’s report was pub- garding Khalra. ter signed by 65 members of Congress, calling lished he had been told by the Amritsar dis- Condit also enclosed a copy of the letter he on Indian Prime Minister P.V. Narasimha trict police chief, ‘‘We have made 25,000 dis- received from Clinton expressing his concern Rao to release Sikh human rights activist appear (and) it would be easy to make one about Khalra’s case. Jaswant Singh Khalra. The letter cites an more disappear.’’ Amnesty International bulletin of Sept. 7, The lawmakers told Rao that ‘‘this abuse [From the Washington Times, Nov. 28, 1995] accusing Indian police of abducting Mr. of police power is inexcusable.’’ CLINTON CHECKS INDIA Khalra. ‘‘The right to speak out and expose atroc- (By James Morrison) Mr. Khalra ‘‘had published a report show- ities is one of the most fundamental rights of President Clinton has taken a personal in- ing that the Punjab police have arrested free individuals,’’ they said and asserted that terest in the fate of an Indian human rights more than 25,000 young Sikh men, tortured ‘‘as long as Mr. Khalra remains in detention, activist held by the government in New them, murdered them, then declared them how can anyone in India feel secure exercis- Delhi. ‘unidentified’ and cremated their bodies,’’ ing his or her democratic liberties?’’ Following a letter-writing campaign from the letter said. They noted that several of them had writ- 65 members of Congress, Mr. Clinton says his ‘‘These atrocities are intolerable in any ten to Rao previously urging that the pass- envoy to India has made inquiries into the country, especially one that calls itself a de- ports of Sikh leader Simranjit Singh Mann fate of Jaswant Singh Khalra. mocracy. . . .This abuse of police power is and Dalit leader V.T. Rajshekar be restored. U.S. Ambassador Frank Wisner has made inexcusable.’’ The letter to Rao, which was then passed it known in New Delhi that Washington is The letter, organized by Rep. Gary Condit, on to Clinton, carried more signatures than watching. California Democrat, drew wide bipartisan any previous letter the Council of Khalistan ‘‘I, too, am concerned by the reports re- congressional support, from lawmakers in- has been able to muster in its over 10 years garding Jaswant Singh Khalra,’’ Mr. Clinton cluding conservative Republican Dan Burton of lobbying Congress, and included members wrote this month to Rep. Gary A. Condit. of Indiana, liberal Democrat Ronald Dellums E 2312 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 1995 of California and socialist independent Ber- THE 54TH ANNIVERSARY OF THE anyone suggested that our military be disman- nard Sanders of Vermont. DAY OF INFAMY tled. The more than 2,400 military and naval per- [From the News India-Times, Nov. 10, 1995] HON. BENJAMIN A. GILMAN sonnel who gave their lives the morning of De- OF NEW YORK cember 7, 1941, were joined by thousands BIGGEST THREAT TO LOBBYING EFFORTS more who made the supreme sacrifice in the IN THE HOUSE OF REPRESENTATIVES European and Pacific theaters of World War II. WASHINGTON.—‘‘Sikh nation’’ activists led Thursday, December 7, 1995 by Gurmit Singh Aulakh perhaps pose the Thousands of more courageous veterans biggest challenge and threat to India’s lob- Mr. GILMAN. Mr. Speaker, there is no risked and gave their lives in Korea, in South- bying efforts in the capital, only next to the American of my generation who does not re- east Asia, and in the Persian Gulf. Thousands anti-India campaign funded by pro-Pakistan call where they were and what they were more are now being put into harm's way in forces. doing 54 years ago today. Bosnia. The courage and valor of our veterans Aulakh got some print mileage last week On that dayÐwhich President Franklin D. has never been questioned throughout the 54 in the conservative daily paper, Washington Roosevelt labelled ``a day which will live in in- years since the Day of Infamy. Times, which promptly published his offen- famy''Ðaircraft of the Japanese Empire Some observers at the time, in numbers sive ‘‘encounter’’ with his bete noir, none staged a surprise attack on the army and which have increased in frequency and in other than the Indian ambassador to the US, naval forces stationed at Pearl Harbor, HI. shrillness since Pearl Harbor, have contended Siddhartha Shankar Ray. The juicy part of Striking without warning at 7:55 a.m. local that President Roosevelt was duplicitous in his the report is that Aulakh called Ray ‘‘a mur- time, the Japanese forces succeeded in sink- foreign policy, and in fact knew that the attack derer.’’ ing or severely damaging 19 of our naval ves- on Pearl Harbor was coming. These partisan According to the paper, Aulakh, ‘‘a leader sels, including three battleshipsÐthe West Vir- revisionists contend that the President wanted of Sikh expatriates’’, spotted Ray in the ginia, the California, and the Arizona. A fourth the disaster to take place at Pearl Harbor to Longworth House Office Building one day battleshipÐthe OklahomaÐwas capsized and unite the American people into fighting World last month. ‘‘I walked up to him and told a fifthÐthe NevadaÐsustained heavy damage War II. him, you are a murderer and you should not These slanderous contentions against Presi- during a second strike by Japanese forces be walking these halls,’’ Aulakh told the dent Roosevelt are not only totally lacking in about an hour after the first. This second paper describing his brief confrontation. any supporting evidence, they also fly in the strike also succeeded in reducing three addi- Aulakh, president of the Council of face of the massive historic evidence which is tional destroyers to wrecks. at our disposal. In all of his public statements Khalistan, blames Ray for ‘‘widespread Ninety-seven army airplanes and eighty human rights abuses’’ when the ambassador at the time, in his private conferences with was governor of Punjab in the late 1980s. naval aircraft were also destroyed by the Jap- Winston Churchill and others which were ‘‘During that time thousands died in vio- anese in the attack, most of which while still made public after his death, and in private cor- lence linked to Sikh demands for a separate on the ground at nearby Hickam and Wheeler respondence which is only now coming to land,’’ the paper said in its ‘‘embassy row’’ fields. light, President Roosevelt made it clear that column, adding that ‘’Ray could not be The unexpected, immoral attack by Japan, his top priority was defeating Hitler and the reached for comment.’’ which took place at the exact minute that Nazi hordes which had overrun Europe and News India-Times learned that Ray, who peace negotiations were taking place in Wash- North Africa. The last thing in the world Presi- was caught unawares by the intruder, had re- ington, claimed the lives of over 2,000 men dent Roosevelt wanted was a war in the Pa- portedly shot back, ‘‘Who are you?’’ Later an and women in the U.S. Navy, over 200 Army cific which would divert American attention escort took Aulakh aside and asked him not personnel, and 49 civilians. and energies from defeating Nazi Germany. to spoil the Hill meeting scheduled by Ray. As was the case with the bombardment of In fact, in the days following Pearl Harbor, The Washington Times further said that Fort Sumter for an earlier generation, and the President Roosevelt fretted over how he could Aulakh was organizing a rally in front of the assassination of President John F. Kennedy at unite the American people against Hitler when White House at Lafayette Park on Nov. 4, a later time, the attack on Pearl Harbor radi- all of our rage and energies were con- culminating in a march to the Indian Em- cally altered the lives of millions of Americans centrated against the Japanese. Hitler himself bassy on the anniversary of a 1984 confronta- and also changed the direction which our Na- solved this problem for Roosevelt when he de- tion in Delhi in which thousands of Sikhs tion had been following. were killed. clared war against the United States within a Prior to Pearl Harbor, the general attitude of week. Recently, historians have argued that, if Aulakh has also been publicizing a letter millions of Americans was that the Atlantic and Hitler were smart enough to restrain from de- signed by 65 members of US Congress, calling Pacific Oceans formed a great natural defense claring war on us, it is conceivable that our on Indian Prime Minister Narasimba Rao to against any and all enemies. Accordingly, it release ‘‘Sikh human rights activist’’ anger against the Japanese would have pre- Jaswant Singh Khalra. The letter cites an was not only unnecessary but also undesir- vented our ever entering the war in Europe. Amnesty International bulletin of Septem- able for the United States to involve itself in In any case, there are none of us who can ber 7, accusing Indian police of abducting international affairs under any circumstances. dispute that Pearl Harbor altered our Nation Khalra. Such highly respected Americans as the avi- and each of our individual lives in ways that Khalra ‘‘had published a report showing ator and national hero Charles A. Lindbergh, none of us could foresee 54 years ago. that the Punjab police have arrested more former U.S. President Herbert Hoover, and Today, on December 7, it is the responsibil- than 25,000 young Sikh men, tortured them, newspaper publisher Robert R. McCormick ity of those of us who remember that perfid- murdered them, then declared them uniden- had for months publicly denounced any Amer- ious attack to remind younger generations of tified and cremated their bodies,’’ the letter ican involvement in World War II and received the valuable lessons we learned. We learned said. a great deal of support and acclaim from the that we must never again give the perception ‘‘These atrocities are intolerable in any American people for doing so. When the of a weak defense posture. We learned that country, especially one that calls itself a de- bombs fell on Pearl Harbor, all support for this we cannot live isolated from the world. We mocracy.... This abuse of police power is point of view virtually evaporated overnight. All also learned that, when threatened, the Amer- inexcusable.’’ Americans put their prior political beliefs aside ican people can act with unity and vigor in a The letter, organized by Rep. Gary Condit, and joined in a united front to win the war in manner unheard of in all previous history. California Democrat, drew wide bipartisan a manner of national unity never experienced Mr. Speaker, I urge all of our colleagues to congressional support, from lawmakers in- by the American people before or since. join in reflecting on the meaning of this most cluding conservative Republican Dan Burton Although there has been great national de- significant of all days in our history. of Indiana, liberal Democrat Ronald Dellums bate on many important issues throughout the of California and socialist independent Ber- nard Sanders of Vermont. 54 years since the Day of Infamy, including PERSONAL EXPLANATION the current ongoing debate regarding our in- The anti-India signature drive by the volvement in Bosnia, never since Pearl Harbor Council of Khalistan in terms of the number has any American seriously suggested that HON. TILLIE K. FOWLER of lawmakers on the Hill it had mobilized, OF FLORIDA our Nation completely withdraw from the inter- was simply too big to be overwhelmed by a IN THE HOUSE OF REPRESENTATIVES national stage and depend upon the vastness pro-India signature drive such as the one mo- Thursday, December 7, 1995 bilized by the India Caucus against the of the oceans for our security. Although there Brown amendment as only 40 house members have been many debates regarding our de- Mrs. FOWLER. Mr. Speaker, due to a death had signed the caucus letter. fense posture, never since Pearl Harbor has in the family, I was not present for rollcall vote December 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2313 No. 838. Had I been present I would have A 50TH ANNIVERSARY TRIBUTE TO by our veterans and those who today serve voted ``yes.'' THE 390TH BOMBARDMENT our country in the military. It is equally impor- GROUP (H) tant that we remind future generations of the sacrifices made by our Nation's veterans. HON. JIM KOLBE CONGRESS IS READY; WHITE OF ARIZONA THE EMPEROR NEEDS NEW HOUSE DRAGS IN THE HOUSE OF REPRESENTATIVES CLOTHES Thursday, December 7, 1995 HON. DOUG BEREUTER Mr. KOLBE. Mr. Speaker, I rise today to pay HON. BENNIE G. THOMPSON tribute to the World War II veterans who OF MISSISSIPPI OF NEBRASKA served this country in the 390th Bombardment IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Group (H). During this 50th anniversary year of the end of World War II, it is fitting and ap- Thursday, December 7, 1995 Thursday, December 7, 1995 propriate to pay tribute to the 390th which flew Mr. THOMPSON. Mr. Speaker, today I rise Mr. BEREUTER. Mr. Speaker, this Member 301 bombing missions in B±17's against the to speak to you about the leader of the Re- commends to his colleagues an editorial which German war machine. publican revolution. Over the last year, we appeared in the Omaha World-Herald on De- The veterans of the 390th have established have watched House Republicans line up be- a permanent memorial to and for those who cember 5, 1995. hind Speaker GINGRICH, marching in step, made the supreme sacrifice and to all men barking out the dogma of this so-called revolu- [From the Omaha World-Herald, Dec. 5, 1995] who had served in the group during World tion. This whole incident reminds me of a story CONGRESS IS READY; WHITE HOUSE DRAGS War II. The memorial is a museum and is the from when I was child. You see Mr. Speaker, source and location of the heritage, history, once upon a time there was an emperor who Congress has gone further toward a bal- and honor of the 390th and the men who so anced budget than many people thought pos- needed some new clothes. When a con-artist proudly served in it. of a tailor convinced the Emperor that the out- sible just a few months ago. It happened in The 390th Memorial Museum is located in part because of the political courage of Re- fit he designed for the King was the latest Tucson, AZ on the grounds of the third largest publicans in Congress. They have agreed fashion, the King marched proudly out into his air museum in the United StatesÐthe Pima among themselves on a seven-year plan to kingdom receiving praise and accolades for Air and Space Museum. The 390th museum balance the budget. They stuck to it even his new suit. All of a sudden a small child ap- when public opinion polls rewarded President contains the beautifully restored B±17G ``I'll be proached the King and told him he was naked, Clinton standing in their way. Around'', an 11- by 23-foot mural of ``Top Cover for the J Group'' which is probably the that he was not wearing clothes. Although Talks broke down last week. The two sides Democrats have been saying this all year, last were trying for an agreement by Dec. 15, to most recognized picture of World War II. It avoid another partial shutdown of the gov- also contains an honor wall, a gallery of night the House Ethics Committee unani- ernment. crews, art and aircraft models, and many dif- mously told Emperor NEWT that he was not Each side accused the other of being in- ferent items of memorabilia. The Joseph A. wearing any clothes. They found that he was flexible. Senate Majority Leader Bob Dole, Moller Library, in the museum, contains over guilty of violating three House rules. They ap- referring to President Clinton’s people, said, 79,000 pages of 390th combat history, over pointed special counsel to investigate im- ‘‘They owe us a counteroffer.’’ A White 9,000 photographs and is a research center proper conduct. They sent him a scathing let- House spokesman said the Republicans failed for the air campaign of Central Europe. ter denouncing his actions on numerous other to show how they would keep a Nov. 19 After intensive training in the United States, accounts. But stay tuned. We have not even agreement to propose a budget that would the group was battle ready and sent to its started on chapter 2: ``Nasty NEWT and the acknowledge White House concerns about so- GOPAC Gang'' cial and environmental programs. base at Framlingham, England. On August 12, 1943, it flew its first operational mission bomb- Republicans displayed flexibility. Senate ing an instrument factory in Bonn, Germany. Budget Committee Chairman Pete Domenici, TRIBUTE TO BILL SHULTZ R-N.M., said that ‘‘everything is on the During this period, 145 aircraft were missing table,’’ meaning everything is negotiable, in- in action. Overall, the 390th used up over 200 cluding a seven-year, $245 billion tax cut Flying Fortresses counting those battle dam- HON. KEN CALVERT that the Republicans want and many Demo- aged aircraft returning to England but imme- OF CALIFORNIA crats oppose. Senator Domenici said that se- diately declared as salvage. At war's end, 88 IN THE HOUSE OF REPRESENTATIVES rious talks awaited only a gesture from Clin- aircraft were returned to the United States. Thursday, December 7, 1995 ton, which Domenici said would consist of a The 390th earned two Presidential Unit Cita- proposal that would allow good-faith nego- tions for conspicuous battle action over Mr. CALVERT. Mr. Speaker, December 19, tiating to begin. Regensburg and Schweinfurt in August and 1995, is a truly historical date. On this day Robert Reischauer, a Democrat, said that October, 1943. Fender Musical Instruments will host the grand his party must eventually face the fact that On October 10, 1943, on a mission targeted opening of a new facility in Corona, CA. This a good many Americans have had it with $170 at Munster, Germany, the 390th was credited 90,000 square foot manufacturing operation, billion annual deficits and a $5 trillion na- will produce high quality speakers and amplifi- tional debt. with destroying 62 enemy fighters in air-to-air combat. This was the highest kill rate in a sin- ers, creating 250 new jobs for the Corona Reischauer, who served as director of the gle day for any bomber or fighter group in the community. Congressional Budget Office when the Demo- A short 9 years ago this company almost crats controlled Congress, said: ‘‘The vast European Theater of Operations. That day, majority of Americans agree with the Repub- the group dispatched 18 aircraft and 8 of them became a historical statistic as a result of licans when it comes to bottom-line budget were officially listed as missing in action. In competition from Japan. The great name of policy.,’’ their 301 missions the 390th was credited with Fender was close to being wiped out by cheap ‘‘They favor a balanced budget or a sub- the destruction of 377 enemy aircraft, 57 prob- foreign imitations. Using economic advantages stantial reduction in the deficit,’’ he said. ably destroyed, and 77 damaged. that did not exist in this country, the foreign ‘‘The President can’t appear to be walking The price paid for these achievements was product dominated the musical instrument away from that. He can’t be seen as defend- not small. Some 1,400 personnel of the 390th business. ing the status quo.’’ were killed in action. Only 15 of the 35 original Led by its president, Bill Schultz, Fender But will that message get through to the combat crews, those which trained as part of Musical Instruments became the comeback White House? Clinton’s resistance to a slow- the group in the States and launched the com- story for the past decade. Moving to the city er rate of increase in Medicare and other do- bat career of the 390th in the European Thea- of Corona in 1986 with only 15 employees, mestic programs was rewarded when polls in- ter of Operations, finished their tours of oper- this once great company was manufacturing dicated that his position attracted twice as ationsÐthe others were missing in action. The just two dozen guitars per day. Faced with much support as that of the GOP leaders. The determination of the Republicans to per- museum is a memorial to the men of the what many considered an uncertain future at severe has been demonstrated. But if they 390th and those who made the supreme sac- best, the success story of quality and tradition are willing to put everything on the table in rifice. began to unfold in my hometown of Corona. the pursuit of a balanced budget, what’s Mr. Speaker and colleagues, it is vitally im- Today, Fender Musical Instruments builds keeping the White House? portant that we remember the sacrifices made 350 high-end guitars per day and employs E 2314 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 1995 over 600 people. With the opening of this new Indonesians in language, religion, ethnicity, dential candidate in October 1991, told a New facility and the addition of 250 people to its history, and culture. They are entitled to inde- Hampshire audience that he rejected the Ku- staff, total Fender Music's employment in Co- pendence and freedom. And in the meantime, wait resolution 10 months earlier because the main reason was to protect an oil source. rona, CA, will be 850 people. they are entitled to fundamental human rights (Some Americans thought that preserving an Fender is the choice for some of the most including the freedom of religion. essential source of fuel for the industrial popular entertainers in the world, such as Eric West was a good reason to liberate Kuwait Clapton, Bruce Springsteen, and many more. and make sure Saudi Arabia wouldn’t fall to Fender was also chosen to custom make just PERSONAL EXPLANATION Saddam Hussein.) If Bush had emphasized over 100 guitars to celebrate the anniversary the restoration of freedom in Kuwait, Kerrey of Harley Davidson. These particular guitars HON. TILLIE K. FOWLER said, he might have supported the action. are valued at over $40,000 each. In the music OF FLORIDA However, the 1991 resolution that the 45 Senate Democrats voted against did not business the name Fender means quality, IN THE HOUSE OF REPRESENTATIVES mention oil. It stated that Iraq’s invasion of which means reliability, which also means the Thursday, December 7, 1995 Kuwait was unprovoked, illegal and brutal best sound possible from a musical instru- Mrs. FOWLER. Mr. Speaker, due to a death and that the United Nations had authorized ment. in the family, I was not present for rollcall its members ‘‘to use all necessary means’’ to This tremendous comeback was accom- ensure that ‘‘Kuwait’s independence and le- plished through the leadership of Bill Schultz, votes Nos. 840 and 841. Had I been present gitimate government be restored.’’ president of Fender Musical Instruments. Mr. I would have voted ``yes'' on both of these roll- Whether or not one agreed with Bush, the Schultz has worked closely with Federal, call votes. mission was clear: Beat back an illegal ag- State, and local leaders. He has provided val- gressor threatening to roll over a region that had a direct impact on American interests ued input on business issues to help ensure GPO SUPPORT ON BOSNIA DIF- and would continue to have an impact. Iraq continued economic growth in this country. FERS FROM DEMOCRATS’ BALK- had overrun Kuwait and was poised to move It is a great pleasure for me, on behalf of ING ON GULF into Saudi Arabia. There was an immediate the citizens of California's 43d Congressional danger that the war would spread through- District, to congratulate the leadership of HON. DOUG BEREUTER out the region, perhaps drawing in Israel. Fender Musical Instruments and the city of Contrast that with the Balkan situation. OF NEBRASKA Corona for making this dynamic growth a re- Ethnic and religious passions have fueled ality. We can all be proud of the private and IN THE HOUSE OF REPRESENTATIVES centuries of hatred, bitterness and wartime Thursday, December 7, 1995 atrocities. None of the parties to the current public sector working together to keep valu- conflict—the primarily Catholic Croatians, able jobs in America. Mr. BEREUTER. Mr. Speaker, this Member the Orthodox-Christian Bosnian Serbs or the commends to his colleagues an editorial which Muslim majority in Bosnia—has an unblem- appeared in the Omaha World-Herald on De- ished record. They are waging what amounts HUMAN RIGHTS ABUSE IN EAST cember 5, 1995. to a religious and territorial civil war. Some TIMOR are angry that their leaders signed a truce. GOP SUPPORT ON BOSNIA DIFFERS FROM As to the danger of an expanded war, few in- DEMOCRATS’ BALKING ON GULF HON. CHRISTOPHER H. SMITH dications exist that any outside powers were In January 1991, the U.S. Senate voted 52– planning to come to the aid of the warring OF NEW JERSEY 47 to approve a resolution authorizing Presi- factions. IN THE HOUSE OF REPRESENTATIVES dent George Bush to use force in liberating Yet the Clinton policy would place U.S. Kuwait. Forty-five of the Senate’s 55 Demo- Thursday, December 7, 1995 troops on the ground in that situation. And crats voted against the resolution, including for what national interest? The president Mr. SMITH of New Jersey. Mr. Speaker, I some of the party’s top leaders. should be grateful that his Republican oppo- Among the Senate Democrats casting ‘‘no’’ rise to support my colleagues from Rhode Is- nents aren’t guided by the way the Demo- votes were George Mitchell, then the major- land and New York in their efforts to call atten- crats behaved in 1991, when the threat to the ity leader; Claiborne Pell, chairman of the national interest was genuine. tion to human rights abuses by Indonesia in its Foreign Relations Committee; and Sam occupation of East Timor, and to prevent the Nunn, chairman of the Armed Services Com- use of United States military assistance to fur- mittee. Sen. Edward Kennedy voted against ther Indonesia's atrocities in East Timor. the resolution. So did Daniel Moynihan and SOME BENEFITS OF MEDICAID Indonesia's Armed Forces invaded East Lloyd Bentsen. So did Bob Kerrey. Timor in 1975, only weeks after East Timor In the House, which approved the resolu- HON. ROBERT W. NEY tion 250–183, Democrats voting no included had attained independence from Portugal. OF OHIO Since then, the Indonesian army has carried Speaker Tom Foley and Majority Leader Richard Gephardt. IN THE HOUSE OF REPRESENTATIVES out a campaign of what amounts to ethnic A number of those same Democrats in 1995 Thursday, December 7, 1995 cleansing against the Timorese through a pro- support a mission in which the U.S. interest gram of forced migration. Persecution has is much less clear: President Clinton’s com- Mr. NEY. Mr. Speaker, I want to bring atten- been particularly harsh against the Christian mitment to send troops to Bosnia, But this tion to the House a series of articles published population of East Timor. time something is different. Clinton has sup- in September by the Columbus Dispatch (Co- More than 200,000 TimoreseÐout of a total port—qualified in some instances—from key lumbus, Ohio) that describe the challenges population of 700,000Ðhave been killed di- members of the other party. and joys of raising a disabled child at home Senate Majority Leader Bob Dole said he and among family. The Columbus Dispatch rectly or by starvation in forced migrations will support Clinton’s position. So has Sen. from their villages since the Indonesian inva- Richard Lugar, chairman of the Foreign re- series accurately highlights the experiences of sion. lations Committee. In the House, Speaker families with children with significant disabil- There are recent reports of a renewed cam- Newt Gingrich has discouraged Republican ities who have received support from the cur- paign of repression of Catholics in East Timor. congressmen who wanted to try to stop the rent Medicaid Program. These reports include atrocities such as the Bosnian operation. For those GOP leaders, The Sapp family includes parents Dale and smashing of statues of the Blessed Mother. apparently, partisanship still ends at the wa- Martha Rose, two daughters, and Dale Jr. The campaign has also been directed person- ter’s edge, as it should. Dale Sr. has a full-time job and Martha Rose How, was it possible for the Democrats in ally against the Catholic Bishop of Dili [DILLY], 1991 to say no to the liberation of Kuwait and takes care of the children. Dale Jr. is 7 years Bishop Belo. His phones are tapped, his fax just about five years later support a vague old and several disabilities, including mental machine is monitored, his visitors are mission in Bosnia that has little to do with retardation, and uses a wheelchair. To keep watched, and his freedom of movement is re- America’s vital national interests? Dale Jr. at home, Medicaid provides, the stricted. But Bishop Belo persists in his coura- Certainly the issues weren’t identical. The Sapp's services worth $105,000, including geous efforts to defend justice, peace and the 1991 vote gave Bush authorization for a speech and physical therapy, prescription preservation of the dignity of his people. Re- ground war against what was then widely re- drugs, hospital services, and other needed cently, he has set up a church commission to ported to be a formidable Iraqi army. Clin- medical care. Without this support, the Sapp's ton’s intended dispatch of 32,000 troops to monitor human rights abuses, and a radio sta- Bosnia is based on the assumption, although would be forced to place Dale in an institution, tion to disseminate information and news. it’s debatable, that combat can be avoided. with an annual cost of $240,000. Mr. Speaker, the people of East Timor com- Some of the Bush critics in 1991 said it was The Biel family includes parents Louis and prise a sovereign nation. They differ from most wrong to go to war for oil. Kerrey, as a presi- Mary and two children. Both parents full-time December 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2315 jobs and private health insurance. Daughter services to support families and the alter- The legislation I am introducing will require Kathleen is 10 years old, has cerebral palsy, native, which is most often higher cost institu- the Postmaster General to follow a fiscally re- mental retardation, and uses a wheelchair. tional care. According to the newspaper, in sponsible course that the American people Medicaid provides the Biel family with $87,000 many of these families, either one or both par- have demanded from their Government led by worth of physical and occupational therapies, ents work. Most struggle to keep their children the 104th Congress. Specifically, it would re- hospital and other medical care. Without this at home, and willingly assume the disruption quire the Postmaster General to submit a 7- support the Biel's would be forced to place and expense. But their ability to keep their year plan to put the Postal Service's fiscal Kathleen in an institution, which would cost families intact directly depends on continued house in order. It would also require an an- $240,000 annually. Medicaid support. nual, in-depth accounting of its budget to show The Carter family includes parents Greg and As we evaluate the pros and cons of mak- which postal programs and practices are work- Meri-Ellyn, two sons, and Lauren, age 7, who ing significant reforms to the Medicaid Pro- ing and which ones need to be reformed or has cerebral palsy, mental retardation, and gram, I urge my colleagues to read these arti- eliminated. blindness. Greg has a full-time job and Meri- cles and be mindful of the daily confronting Mr. Speaker, I urge all of my colleagues to Ellyn stays home with the children. Until re- families affected by disability and the critical cosponsor the Postal Service Debt Reduction cently, the family received $45,000 from Med- role that Medicaid plays in their lives. Copies and Truth in Budgeting Act. Let us include the icaid in the form of home nursing care and of the Columbus Dispatch articles are avail- U.S. Postal Service in our efforts to create a physical therapies, which allowed Lauren to able from the National Seal Society in Wash- smaller, smarter Government that is account- live at home despite the fact that Lauren can- ington, DC. able to the American taxpayers. not be left alone, her needs were determined to be nonemergency in nature and her Medic- aid benefits were terminated. Lauren now lives WAIT A MINUTE, MR. POSTMAN DISPELLING THE MYTHS apart from her family in an institution that costs $55,000 annually. HON. RODNEY P. FRELINGHUYSEN HON. RON PACKARD The Sapp's, Biel's, and Carters are among OF NEW JERSEY OF CALIFORNIA the millions of families across America that IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES rely on Medicaid support to meet the extraor- Thursday, December 7, 1995 dinary health and developmental needs of Thursday, December 7, 1995 Mr. FRELINGHUYSEN. Mr. Speaker, today their children with significant disabilities. Mr. PACKARD. Mr. Speaker, there are a Thanks to Medicaid, these children lead more I introduced the Postal Service Debt Reduc- tion and Truth in Budgeting Act, which will number of myths about the Republican bal- independent and successful lives at home, anced budget my colleagues on the other side with family. Most often, assistance at an early commit the Postal Service to a 7-year-debt re- duction plan. of the aisle seem bent on perpetuating. For in- age enhances the ability of these children to stance, part of their mantra states that our tax develop physical, emotional, and social skills, Mr. Speaker, for far too long, Congress and cuts benefit the rich. advances their capacity to learn, and enables the American people have been kept in the Mr. Speaker, that is just patently wrong. Ac- them to participate more skillfully in family and dark regarding the finances of the U.S. Postal cording to the Joint Committee on Taxation, community life. Similarly, adults with disabil- Service. Very few Americans know that the 80 percent of the GOP tax cuts go to those ities rely on Medicaid to achieve health, em- Postal Service is servicing a debt of more than making less than $100,000 and 61 percent go ployment, and personal goals that directly re- $7 billion. What they do know is that their mail to those making between $30,000 and late to their ability to lead independent and is not delivered on time and that the cost of $75,000. These are hard working, middle- productive lives. a first class stamp jumped by 3 cents last Two of the three families profiled in these year. This situation needs to be changed. class Americans, not the rich. articles received services from the Easter Even before I was elected to Congress, I The Heritage Foundation found that 80 per- Seals Society, which is dedicated to assisting was critical of the Postal Service's lack of cent of the $500 per-child tax credit benefit children and adults to live with equality, dig- budgetary integrity and its overall service. goes to families with incomes less than nity, and independence. Since its founding in Their unwillingness to tackle their multibillion $75,000. Some 3.5 million families, at the low- Ohio in 1919, Easter Seals has helped mil- dollar debt has convinced me that real, fun- est income levels, will no longer pay taxes. Fi- lions of people with disabilities nationwide damental reform is needed. nally, our budget erases 51 percent of taxes through home and community services that Since last year, Postmaster General Runyon for families of four earning less than $30,000. are overseen by volunteers and paid for by has taken some encouraging steps toward fis- Throughout the budget negotiations, the charitable donations, corporate contributions, cal responsibility. Much to everyone's surprise, White House has clearly demonstrated that it and the investment of government funds. Ac- the Postal Service ran a surplus this year of is not serious about reaching a balanced cording to Easter Seals, the compelling stories $1.8 billion; only the seventh time in 25 years budget in 7 years. Rather than respond di- told by the Biels, Sapps, and Carters are not it has managed to operate in the black. How- rectly to the budget negotiators about the bal- unique but are typical of the experiences of ever, the Postal Service still lacks a serious anced budget plan, the White House has cho- countless families that need Medicaid and plan that holds it fiscally accountable to Con- sen instead to release a document that simply Easter Seals to get by. gress and our Nation's taxpayers. reiterates the same old, worn-out myths about For the 4.9 million children and adults with Despite their $7.3 billion debt and the rare the Republican efforts to harm senior citizens, disabilities who depend on Medicaid and asso- opportunity to reduce it with their $1.8 billion children, working families, the poor, students, ciated programs, such as early intervention surplus, Postmaster General Runyon, recently veterans, and just any other group you can and assistive technology, there are few, if any, gave bonuses to 1,000 senior postal execu- think of. alternative sources of support. Medicaid is the tives for a year when customers faced a 10 Tax cuts benefit America's families, not the linchpin that fosters individual development, percent hike in the price of a first class stamp. rich. Mr. Speaker, the time has come to peel learning, and independence, and enables fam- It is these actions that require me to introduce away the rhetoric and distortions and begin to ilies to stay together, most often as primary this bill. focus on the facts. America's future depends care givers for persons with disabilities. Mr. Runyon seems to be doing little more on it. To date, Medicaid has operated as Federal- than introducing short-term gimmicks and rate State partnership. Some of the country's most hikes to absorb the escalating costs of running innovative, cost-efficient approaches to home an increasingly inefficient monopoly. The Post- TRIBUTE TO EMILY KUMPEL and community-based service delivery and al Service is utilizing a good portion of its ad- EPSDT early detection and intervention have ministrative, labor and capital resources on HON. EDWARD J. MARKEY originated under Medicaid. Although many le- projects that have nothing to do with the agen- OF MASSACHUSETTS gitimate needs have not been met by Medic- cy's primary responsibility: delivering the mail IN THE HOUSE OF REPRESENTATIVES aid and related programs, the current array of on time. Recently, the Postal Service an- Thursday, December 7, 1995 services and support are crucial to the health nounced that it was entering into a joint ven- and quality of life for millions of individuals and ture with a private company to offer prepaid Mr. MARKEY. Mr. Speaker, I rise today to families, and represent a wise cost-effective telephone calling cards, a service already pro- recognize and applaud Emily Kumpel of commitment to public funds. vided by the private sector. Mr. Runyon should Wakefield, MA, for her outstanding dedication The Columbus Dispatch stories clearly show have the agency concentrating on delivering and service to others in need. Although she is the direct relationship between investing in the mail. only 11 years old, this sixth grader has done E 2316 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 1995 more to help those less fortunate than herself Whereas, The citizens of the Republic of committee colleagues are joining me as origi- than most people do in their entire lives. Texas were deeply committed to the goals nal cosponsors. When Emily was a third grader and only 8 and ideals embodied in the United States Today's bill is similar to the bipartisan drink- years old, she and her older sister Amy Constitution, and, on June 16, 1845, the Con- ing water bill the Public Works and Transpor- gress of the Republic of Texas was convened helped organize a charity auction to benefit a by President Anson Jones to consider the tation Committee approved last Congress. Un- Boston area homeless shelter. Working with proposal of statehood; and fortunately, that bill did not become law. The other children their age, they wrote to celeb- Whereas, Texas took advantage of the unfunded Federal mandates and the environ- rities and asked them to autograph squares of offer, choosing to unite with a large and mental infrastructure needs remain, however. material which were later made into patchwork prosperous nation that could more effec- Today, the need is just as compelling, if not pillows and auctioned. Together with their tively defend the borders of Texas and ex- more compelling, to have a reasonable bill friends, Emily and Amy raised over $4,000 for pand its flourishing trade with European that provides funding and flexibility to State homeless children and their families. countries; by October 1845, the Congress of and local officials and that builds upon the ex- Eighteen months ago while researching the Republic of Texas had approved a state constitution, charting a bold new destiny for isting programs and mechanisms of the Clean South Africa, Emily learned about the effects the Lone Star State; and Water Act. of apartheid on the citizens of South Africa. Whereas, The proposed state constitution For example, EPA estimates over $8.6 bil- Anxious to help improve their quality of life, was sent to Washington, D.C., and on Decem- lion in capital needs to meet current Safe Emily became a key organizer of the South ber 29, 1845, the United States of America Drinking Water Act requirements. The Con- African book drive. As the youth chairperson, formally welcomed Texas as a new state; the gressional Budget Office also estimates an- Emily collected over 10,000 books for an ele- transfer of governmental authority, how- nual costs between $1.4 billion and $2.3 billion mentary school in the Capetown area and re- ever, was not complete until February of per year for compliance with current require- 1846, when Anson Jones lowered the flag that ceived an award of $3,000 to be used toward ments. had flown above the Capitol for nearly 10 The bill continues the committee's commit- the cost of shipping. years and stepped down from his position as Emily Kumpel should serve as a role model president of the Republic of Texas; and ment to our Nation's environment infrastruc- for all of us, both young and old. Her work on Whereas, With the poignant retirement of ture needs in two basic ways: behalf of the homeless and the children of the flag of the Republic, Texas emerged as a First, it authorizes new 3-year, $2.25 billion South Africa illustrates her deep commitment blazing Lone Star in the American fir- accounts for improvements to drinking water to the advancement of humanitarian goals. mament, taking its place as the 28th state systems within the existing State revolving Emily truly is an amazing individual, and she admitted into the union; Now, therefore, be funds [SRF's] under the Clean Water ActÐ deserves our respect and admiration. it specifically, $500 million for fiscal year 1996, Resolved, That the 74th Legislature of the $750 million for fiscal year 1997, and $1 billion State of Texas, Regular Session, 1995, hereby for fiscal year 1998. The bill would make avail- TEXAS STATEHOOD commemorate the sesquicentennial of Texas statehood and encourage all Texans to take able the $500 million in the fiscal year 1996 note of this historic occasion. EPA appropriations bill that is contingent on HON. MARTIN FROST authorization of a drinking water SRF. OF TEXAS This aspect of the bill is modeled on the ex- IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION isting, successful SRF established under the Thursday, December 7, 1995 Clean Water Act. It authorizes grants to States for the establishment of new accounts within Mr. FROST. Mr. Speaker, I would like to HON. TILLIE K. FOWLER OF FLORIDA the SRF's for funding water supply infrastruc- take this opportunity, before Congress re- ture needs. Loans from the accounts would be IN THE HOUSE OF REPRESENTATIVES cesses for the holidays, to bring to the atten- repaid to the States by operators of water sup- tion of my colleagues a very significant anni- Thursday, December 7, 1995 ply systems and the repaid funds would be versary coming up next month in my home Mrs. FOWLER. Mr. Speaker, due to a death made available to meet additional needs. State of Texas. in the family, I was not present for rollcall vote Second, it authorizes the use of a portion of On December 29, 1995, the people of No. 839. Had I been present I would have the fundsÐup to 10 percentÐwithin the new Texas will celebrate our sesquicentennial of voted ``yes.'' accounts for source water quality protection statehood. Entering the Union as its 28th programs consistent with nonpoint source State, Texas has consistently played a pivotal management programs under the Clean Water role in all facets of American history. Texas INTRODUCTION OF THE WATER Act. This will help prevent pollution and reduce has supplied to this Nation a wealth of human SUPPLY INFRASTRUCTURE AS- treatment costs downstream, but without the talent in every field of endeavorÐfrom science SISTANCE ACT OF 1995 use of any Federal, command-and-control reg- and technology to business and commerce; ulations. from academics to government; and from en- HON. BUD SHUSTER Over the coming weeks, we will be working tertainment to agriculture; to name only a few. OF PENNSYLVANIA with various stakeholders to further update Mr. Speaker, on April 21, 1995, the regular and improve the bill. We intend to move this IN THE HOUSE OF REPRESENTATIVES session of the 74th Texas Legislature adopted important legislation forward while working House Concurrent Resolution No. 118, com- Thursday, December 7, 1995 closely with the Commerce Committee as the memorating the sesquicentennial of Texas Mr. SHUSTER. Mr. Speaker, today, I am in- House considers Safe Drinking Water Act leg- statehood. I ask that the full text of House troducing the Water Supply Infrastructure As- islation. Concurrent Resolution No. 118 be published sistance Act of 1995, a bipartisan bill that will in the CONGRESSIONAL RECORD at the conclu- protect human health and the environment sion of my remarks. The resolution follows: TRIBUTE TO STEWART and promote jobs. In the Transportation and GREENEBAUM THE STATE OF TEXAS, HOUSE OF Infrastructure Committee the term ``infrastruc- REPRESENTATIVES ture'' means more than just highways, bridges, HOUSE CONCURRENT RESOLUTION dams, airports, and other transportation and HON. BENJAMIN L. CARDIN Whereas, The year 1995 will mark 150 years infrastructure related facilities. It includes envi- OF MARYLAND since the United States of America admitted ronmental infrastructure such as drinking IN THE HOUSE OF REPRESENTATIVES Texas as the 28th state in the union; and Thursday, December 7, 1995 Whereas, The sesquicentennial of Texas water and wastewater treatment and distribu- statehood is a truly momentous occasion tion systems. Because of that, this committee Mr. CARDIN. Mr. Speaker, I rise to pay trib- that allows all Texans to reflect on their expects to play a major role in debate and ute to Stewart Greenebaum. On December state’s proud heritage and bright future; and passage of legislation to protect and improve 10, 1995, Stewart Greenebaum will receive Whereas, Acting on the advice of President our Nation's water supplies. the Humanitarian Award from the Baltimore Zi- John Tyler, the United States Congress I am delighted to be joined by JIM OBER- onist District. adopted a joint resolution on February 28, 1845, inviting Texas to enter the union as a STAR, the ranking Democrat of the committee, Stewart Greenebaum deserves this award state with full retention of its public lands; the chairman of the Water Resources and En- because of his strong commitment to his com- today, a century and a half later, Texas en- vironment Subcommittee, SHERRY BOEHLERT munity and to the State of Israel. Stewart has joys the distinction of being the only state and the ranking Democrat of the subcommit- donated his time, effort, and energy to worthy admitted with such extensive rights; and tee, BOB BORSKI. In addition, over 30 of my causes. December 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2317 Stewart Greenebaum has made tremendous Yes, diversity can contribute to a coun- similar, one might note) cultures, how will it contributions to the Baltimore Zionist District. try’s strength by producing a kind of hearty, work in, say, Bosnia, where three, or India or He is currently serving as chairman for Israel hybrid culture and provoking new ways of America, with dozens? One looks at Canada thought and new avenues to genius. But for Bonds of Maryland, as well as chairman of the and wonders whether the current naive and every such cultural synergy there are 10 confident American celebration of cultural Board of the University of Maryland Medical cases—from the Balkans to the former So- diversity—with its insistence on group rights System. In addition, Stewart Greenebaum is viet Union, from Africa to Asia and now to over individual rights, sectarian history over the founder and chairman of a scholarship North America—of cultural explosion, where American history, ethnic culture over a com- fund for financially disadvantaged medical stu- the clash of ethnicities yields weakness, con- mon culture—is leading us down a path from dents and he is the founder and chairman of flict, division, even war. Indeed, the bitter- which there is no escape. the Children's House at Johns Hopkins which ness of French Canada’s drive to amputate Canada has an escape. By accident of geog- provides shelter and comfort to families of sick its century-old confederation with English raphy, separation is a real option because Canada tells us much about the unexamined the different culture inhabit different terri- children. belief in the strength and beauty of the tories. For a country like America, where Mr. Speaker, it is a pleasure to call Stewart multicultural mosaic. the different cultures are thoroughly Greenebaum's achievements to the attention In their Oct. 30 referendum, half of intermixed, there is no such answer. Canada of my colleagues. By having individuals like Quebeckers—and a solid 60% of French can break up cleanly; the U.S. cannot. Stewart Greenebaum in our communities, our speakers—said they want out of their part- America is proceeding blithely down the work as public servants in Congress is made nership in a culturally diverse Canada. Why? path of diversity and ethnic separatism. that much easier and that much more pleasur- For the answer, Americans might look no America’s destination, however, is not Can- able. farther than Louisiana. ada, which will find some civil way out of its ‘‘Cajun’’ is a corruption of ‘‘Acadian,’’ a re- dilemma. America’s destination is the Bal- gion of Nova Scotia that was home to many kans. ONE COMMON LANGUAGE WILL French Canadians until they were expelled by the British in the 1750s and ’60s. Many KEEP AMERICA ONE NATION emigrated to Louisiana, then a French pos- HUMAN RIGHTS ABUSES IN EAST session, where their language and culture TIMOR HON. TOBY ROTH withered, evolving into a kind of folk curios- OF WISCONSIN ity. Quebeckers do not want to go the way of the Cajun. They do not want to end up as HON. NITA M. LOWEY IN THE HOUSE OF REPRESENTATIVES some colorful ethnic subculture known for OF NEW YORK Thursday, December 7, 1995 its music or cooking or the odd linguistic IN THE HOUSE OF REPRESENTATIVES Mr. ROTH. Mr. Speaker, I rise today to call twist. Quebeckers are driven by a terror of being crushed by an English-speaking con- Thursday, December 7, 1995 the attention of my colleagues to the excellent tinent of 300 million into a mere cultural cu- Mrs. LOWEY. Mr. Speaker, today marks the essay that appeared in Time magazine in No- riosity. Hence their hunger for political 20th anniversary of Indonesia's occupation of vember, ``Quebec and the Death of Diversity.'' independence. East Timor. The people of East Timor have The author, Charles Krauthammer, makes the Oddly, and sadly, the solution does not an- lived for two decades under a cruel and re- powerful observation that nations can perish swer the fear. Politics is no cure for cultural pressive regime that has killed and starved al- by the sword of cultural diversity. Mr. assimilation. A flag and an anthem do not most one-third of their population. Krauthammer points to Canada's near divorce assure cultural vitality.The faith that they will is as desperate as it is sentimental. Violent crackdowns on peaceful demonstra- with its province of Quebec a month ago as a The real problem of Quebec is the problem tions in East Timor have continued throughout dire warning for what could happen here in of all small peoples in a world of irresistibly this occupation. First, innocent protestors are America. Mr. Krauthammer is absolutely right. globalized commerce and culture. That sepa- massacred and then the military rounds up Canada's experience is a cautionary tale for ratism may not solve the problem is beside and jails the witnesses so that the world will our country, the most diverse nation in the his- the point. Separatism is a fact, the single never know what happens. tory of the world. Their narrow brush with greatest political fact of the post-cold war Indonesia's policy in East Timor is about the breakup should sound a clarion call to all world. With external enemies removed, with oppression of those who oppose Indonesia's Americans who dismiss the importance of a hybrid states no longer held together by heg- emonic superpowers, the petty annoyances right to torture, kill, and repress the people of common language and culture to a nation. and existential difficulties of living in East Timor. It is about genocide. I do not want to watch the United States un- mixed-ethnic marriages within nation-states Today, Congressman PATRICK KENNEDY and ravel the way Canada almost did. I have intro- has become increasingly intolerable. From I are introducing the East Timor Human Rights duced legislation that seeks to reinforce the the former Yugoslavia to the former Czecho- Accountability Act, which will prohibit United common bond that holds our country together: slovakia to the former Soviet Union, from States aid to Indonesia from being used to fur- the English language. I hope you will heed Sri Lanka to Quebec, the tendency to separa- ther the occupation of East Timor or to violate Canada's silent warning and join me today in tion is inexorable. the human rights of the East Timorese people. the effort to keep America one nation, one Nor is the U.S. immune to the attraction of separatism. Look, for example, at the rise Mr. Speaker, it is time for this repression people. Cosponsor H.R. 739, the Declaration of Louis Farrakhan, the leading black sepa- and violence to end. of Official Language Act. I ask that the full text ratist in America. Look at the ethnic social of Charles Krauthammer's essay appear in the policies, the school curriculums, the racially RECORD at this point. gerrymandered electoral districts that give TRIBUTE TO WALTER H. [From Time magazine, Nov. 13, 1995] an official imprimatur to the notion of the DETTINGER QUEBEC AND THE DEATH OF DIVERSITY primacy of group over nation. Which is why Quebec’s referendum is not (By Charles Krauthammer) the provincial story it seems. The 60% of HON. MARCY KAPTUR Just hours after the Quebec referendum on French-speaking Quebeckers who voted to OF OHIO separation that came within a whisker of sever their political union with bicultural IN THE HOUSE OF REPRESENTATIVES breaking up Canada—and may yet do so— Canada are a herald of the death of diversity. President Clinton pronounced. ‘‘Ethnic di- They are a living refutation of the warm and Thursday, December 7, 1995 versity can be the hallmark of a strong and cozy notion, based more on hope that on his- Ms. KAPTUR. Mr. Speaker, I rise today to prosperous society,’’ said his spokesman. tory, of multicultural harmony and pay tribute to a truly dedicated American, Mr. ‘‘The President has often said that our eth- strength. They are a warning. nic diversity here in America is one source of After all, as former Toronto Sun editor Walter H. Dettinger, who passed away on No- our greatest strength . . . and hopefully it Barbara Amiel points out, if multi- vember 21, 1995. will be for the people of Canada as well.’’ culturalism cannot work in Canada, where In 1936 at the age of 17, Walt embarked Now, when commenting on an explosive can it work? If it cannot work in a country upon several years of selfless service to our marital spat occurring next door, it is in- as civil, decent and tolerant as Canada—a country when he enlisted in the Ohio National cumbent on a neighbor to be diplomatic and country where the majority English speakers Guard. Upon his discharge in 1939, he joined sympathetic. But must one be fatuous too? have been extraordinarily generous in grant- the Naval Communications Reserve and was Here is Canada, a great neighboring country, ing all kinds of cultural protections, sub- called to active duty the following year. His choking on cultural diversity, very nearly sidies, special rights and privileges to the dying of cultural diversity—and the spokes- linguistic minority of French Canada—then area of expertise, radio communications, led man for the President of the U.S. offers a where? him to service aboard the USS Worden in mindless, mantra-like homily in praise of And if it cannot work in Canada, where the Pearl Harbor, HI. Walt was among the thou- the very source of Canada’s ongoing agony. issue is the co-existence of just two (quite sands of servicemen there on the morning of E 2318 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 1995 December 7, 1941, when the Japanese Ambition and drive followed Walt into civilian that Walt provided me with invaluable assist- launched their unannounced offensive. As a life as well. As a civilian, he left his mark upon ance in 1991. survivor of the attack, he went on to defend the Toledo broadcasting community in several Together, we worked to give Pearl Harbor our Nation in the Battle of the Midway and ways. He helped put an AM radio station, survivors from my district the Pearl Harbor Guadalcanal. In January 1943 while aboard WTOD, on the air, as well as a television sta- Veterans Award during a moving ceremony 50 the USS Worden in Amchitka, AK, his ship fell tion, WTOL±TV 11, from which he retired in years after that long-ago day. Walt's assist- victim to an enemy suicide attack. Once again 1981. He was a lifelong amateur radio broad- ance in organizing this commemoration was surviving, he served the rest of World War II caster, member of the Quarter Century Wire- invaluable to me, and appreciated beyond in the Pacific on the USS Murray. less Association and the American Radio words by the veterans we honored. In October 1945 he was discharged and re- Relay League. turned to civilian life. Five years later, he mar- Walt was also a proud member of the Pearl A kind and gentle man who sought neither ried Betty, with whom he shared a 45-year Harbor Survivors AssociationÐcharter mem- recognition nor accolades and held his marriage and two children. In early 1952, Walt ber, past president of Ohio Chapter 3 and past achievements privately, Walt was a truly dedi- was again called upon to serve his country in Ohio State Chairman, the Toledo Post #335, cated American. His advice, counsel, and the Korean war. He served faithfully and dili- American Legion, past commander, and life friendship will be missed. He served America gently on the USS Fred T. Berry until his dis- member of Sylvania Post #3717, Veterans of and the cause of freedom with selfless devo- charge in November 1952. Foreign Wars. It is through this association tion. He left our world a finer place. Thursday, December 7, 1995 Daily Digest

HIGHLIGHTS Senate passed Commerce, Justice, State Appropriations Conference Report. Senate passed Partial-Birth Abortion Ban. Senate (3) Brown Amendment No. 3085, to limit the Chamber Action ability of dead beat fathers and those who consent Routine Proceedings, pages S18117–S18251 to the mother receiving a partial-birth abortion to Measures Introduced: Eight bills and one resolu- collect relief. Pages S18222±23 tion were introduced, as follows: S. 1453–1460, and (4) Brown Amendment No. 3090, to limit liabil- S. Res. 198. Page S18232 ity under this Act to the physician performing the procedure involved. Page S18223 Measures Reported: Reports were made as follows: (5) Smith Amendment No. 3091, to strike the af- Special Report entitled ‘‘Revised Allocation to firmative defense provisions. Page S18223 Subcommittees of Budget Totals from the Concur- rent Resolution for Fiscal Year 1996’’ (S. Rept. No. Rejected: 104–180) By 47 yeas to 51 nays (Vote No. 593), Boxer S. 1459, to provide for uniform management of Amendment No. 3083 (to Amendment No. 3082), livestock grazing on Federal land. (S. Rept. No. to clarify the application of certain provisions with 104–181) respect to abortions where necessary to preserve the S. 776, to reauthorize the Atlantic Striped Bass life or health of the woman. Pages S18183±98 Conservation Act and the Anadromous Fish Con- By 44 yeas to 53 nays (Vote No. 595), Feinstein/ servation Act, with an amendment in the nature of Simpson Amendment No. 3092, in the nature of a a substitute. (S. Rept. No. 104–182) substitute. Pages S18224±27 S. 956, to amend title 28, United States Code, to Withdrawn: divide the ninth judicial circuit of the United States Pryor Amendment No. 3082, to clarify certain into two circuits, with an amendment in the nature provisions of law with respect to the approval and of a substitute. marketing of certain prescription drugs. Page S18222 S. 1340, to require the President to appoint a Smith (for DeWine/Dodd) Amendment No. 3088 Commission on Concentration in the Livestock In- (to Amendment No. 3082), to express the sense of dustry, with an amendment in the nature of a sub- the Senate that the Senate Committee on the Judici- ary should conduct hearings to investigate the effect stitute. Page S18232 of the new patent provisions of title 35, United Measures Passed: States Code, (as amended by the Uruguay Round Partial-Birth Abortion Ban: By 54 yeas to 44 Agreements Act) on the approval of generic drugs. nays (Vote No. 596), Senate passed H.R. 1833, to (By 48 yeas to 49 nays, 1 responding present (Vote amend title 18, United States Code, to ban partial- No. 594), Senate failed to table the amendment.) birth abortions, after taking action on amendments Pages S18198±S18222 proposed thereto, as follows: Pages S18183±S18228 Subsequently, the amendment fell when Amend- Adopted: ment No. 3028, listed above, was withdrawn. (1) Smith Amendment No. 3080, to provide a Technical Changes: Senate agreed to S. Res. 198, to life-of-the-mother exception. Pages S18183±98 make certain technical changes to S. Res. 158. (2) By a unanimous vote of 98 yeas (Vote No. Pages S18249±50 592), Dole Amendment No. 3081 (to Amendment Technical Corrections: Committee on Indian Affairs No. 3080), of a perfecting nature. Pages S18183±98 was discharged from further consideration of S. D 1430 December 7, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1431

1431, to make certain technical corrections in laws Messages From the House: Pages S18231±32 relating to Native Americans, and the bill was then Measures Placed on Calendar: Page S18232 passed. Pages S18250±51 Executive Reports of Committees: Page S18232 Commerce/Justice/State/Judiciary Appropria- tions—Conference Report: By 50 yeas to 48 nays Statements on Introduced Bills: Pages S18233±44 (Vote No. 591), Senate agreed to the conference re- Additional Cosponsors: Pages S18244±45 port on H.R. 2076, making appropriations for the Amendments Submitted: Pages S18245±46 Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year Notices of Hearings: Page S18246 ending September 30, 1996, clearing the measure for Authority for Committees: Page S18246 the President. Pages S18127±83 Additional Statements: Pages S18246±49 ICC Termination Act—Conferees: Senate insisted Record Votes: Six record votes were taken today. on its amendment to H.R. 2539, to abolish the (Total—596) Interstate Commerce Commission, and to amend Pages S18182±83, S18198, S18222, S18227, S18228 subtitle IV of title 49, United States Code, to reform economic regulation of transportation, agreed to the Adjournment: Senate convened at 9 a.m., and ad- request of the House for a conference thereon, and journed at 11:17 p.m., until 10 a.m., on Friday, De- the Chair appointed the following conferees: Senators cember 8, 1995. (For Senate’s program, see the re- Pressler, Stevens, Burns, Lott, Hutchison, Ashcroft, marks of the Acting Majority Leader in today’s Hollings, Inouye, Exon, Rockefeller, and Breaux. Record on page S18251.) Page S18249 Flag Desecration—Agreement: A unanimous-con- Committee Meetings sent agreement was reached providing for the consid- eration of S.J. Res. 31, proposing an amendment to (Committees not listed did not meet) the Constitution of the United States authorizing the Congress and the States to prohibit the physical PROHIBITION OF RETROACTIVE TAX desecration of the flag of the United States, on Fri- INCREASES day, December 8, 1995. Pages S18228±29 Committee on Governmental Affairs: Committee held Subsequently, the pending cloture vote on the hearings on S. 94, to prohibit the House of Rep- motion to proceed to consideration of the resolution, resentatives or the Senate from considering any scheduled for Friday, December 8, 1995, was viti- measure that increases a tax and applies such increase ated. Pages S18228±29 to taxable years beginning before the date of the en- Start II Treaty—Agreement: A unanimous-consent actment of the law, receiving testimony from Sen- agreement was reached providing for the consider- ators Coverdell and Hutchison; Joseph E. Schmitz, ation of The Treaty with the Russian Federation for Besozzi, Gavin, Craven, and Schmitz, Nancy L. Further Reduction and Limitation of Strategic Offen- Mitchell, Citizens for a Sound Economy, Peter Fer- sive Arms (the START II Treaty) (Treaty Doc. No. rara, Americans For Tax Reform, and Rick Rule, Covington and Burling, all of Washington, D.C.; 103–1). Page S18251 Wayne Nelson, Winner, South Dakota, on behalf of Nominations Received: Senate received the follow- Communicating for Agriculture, Inc.; and Robert J. ing nominations: Proctor, Southeastern Legal Foundation, Atlanta, Charles N. Clevert, Jr., of Wisconsin, to be Unit- Georgia. ed States District Judge for the Eastern District of Hearings were recessed subject to call. Wisconsin. Bernice B. Donald, of Tennessee, to be United BUSINESS MEETING States District Judge for the Western District of Committee on the Judiciary: Committee ordered favor- Tennessee. ably reported the following business items: Charles H. Twining, of Maryland, a Career Mem- The nominations of Hugh Lawson, to be United ber of the Senior Foreign Service, Class of Minister- States District Judge for the Middle District of Counselor, to serve concurrently and without addi- Georgia, Patricia A. Gaughan, to be United States tional compensation as Ambassador of the United District Judge for the Northern District of Ohio, States of America to the Republic of Equatorial John Thomas Marten, to be United States District Guinea. Judge for the District of Kansas, and Tommy Ed- 29 Air Force nominations in the rank of general. ward Jewel III, of New Mexico, to be a Member of Page S18251 the Board of Directors of the States Justice Institute; D 1432 CONGRESSIONAL RECORD — DAILY DIGEST December 7, 1995 S. 956, to amend title 28, United States Code, to issues relative to United States Senate technology, re- divide the ninth judicial circuit of the United States ceiving testimony from Christopher Hoenig, Direc- into two circuits, with an amendment in the nature tor of Information Management Issues, General Ac- of a substitute; and counting Office; Commander Craig B. Luigart, Pro- S. 1340, to direct the President to appoint a gram Manager, Information Network Project Office, Commission on Concentration in the Livestock In- Department of the Navy; Kimberly Jenkins, High- dustry to review and report on specified meat pack- way 1, Washington, D.C.; William A. Ruh, MITRE ing industry matters, including certain studies, ef- Corporation, McLean, Virginia; Ron J. Ponder, fects of antitrust laws, and prices, with an amend- AT&T, Basking Ridge, New Jersey; and Carl B. ment in the nature of a substitute. Patch, Mobil Oil, Fairfax, Virginia. SENATE TECHNOLOGY MANAGEMENT Hearings were recessed subject to call. Committee on Rules and Administration: Committee held hearings to examine information management

House of Representatives By a yea-and-nay vote of 198 yeas to 219 nays, Chamber Action Roll No. 843, rejected the Obey motion to recom- Bills Introduced: 16 public bills, H.R. 2736–2751; mit the conference report to the committee of con- 2 private bills, H.R. 2752–2753; and 1 resolution, ference with instruction that the House conferees in- H. Res. 294 were introduced. Pages H14238±39 sist on the House position to Senate amendment Reports Filed: Reports were filed as follows: numbered 4, regarding funding for Veterans Admin- H. Res. 293, providing for consideration of H.R. istration’s medical care. Pages H14201±02 2621, to enforce the public debt limit and to protect H. Res. 291, the rule which waived points of the social security trust funds and other Federal trust order against the conference report, was agreed to funds and accounts invested in public debt obliga- earlier by a yea-and-nay vote of 242 yeas to 175 tions (H. Rept. 104–388); nays, Roll No. 842. Pages H14182±87 H.R. 394, to amend title 4 of the United States Legislative Program: The Majority Leader an- Code to limit State taxation of certain pension in- nounced the legislative program for the week of De- come, amended (H. Rept. 104–389); and cember 11. Agreed to adjourn from Thursday to H.R. 2196, to amend the Stevenson-Wydler Tech- Monday. Pages H14204±05 nology Innovation Act of 1980 with respect to in- ventions made under cooperative research and devel- Recess Authority: It was made in order for the opment agreements, amended (H. Rept. 104–390). Speaker to declare a recess at any time on Tuesday, December 12, 1995, subject to the call of the Chair, Pages H14237±38 for the purpose of receiving in Joint Meeting His Speaker Pro Tempore: Read a letter from the Excellency Shimon Peres, Prime Minister of Israel. Speaker wherein he designates Representative Shaw Page H14205 to act as Speaker pro tempore for today. Page H14175 Calendar Wednesday: Agreed to dispense with Cal- VA–HUD Appropriations: By a yea-and-nay vote endar Wednesday business of Wednesday, December of 227 yeas to 190 nays, Roll No. 844, the House 13. Page H14205 agreed to the conference report on H.R. 2099, mak- ing appropriations for the Departments of Veterans Ryan White Comprehensive AIDS Resources: Affairs and Housing and Urban Development, and House insisted on its amendments to S. 641, amend- for sundry independent agencies, boards, commis- ed, to amend the Public Health Service Act to revise sions, corporations, and offices for the fiscal year and extend programs established pursuant to the ending September 30, 1996. Pages H14187±H14204 Ryan White Comprehensive AIDS Resources Emer- House receded from its disagreement to the Senate gency Act of 1990; and agreed to a conference. Ap- amendment numbered 63, regarding funding for the pointed as conferees: Representatives Bliley, Bili- Corporation for National and Community Service, rakis, Coburn, Waxman, and Studds. Page H14205 with an amendment—clearing the measure for Sen- Federal Reporting Requirements: House agreed to ate action. Pages H14203±04 the Senate amendments to the House amendment to December 7, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1433 S. 790, to provide for the modification or elimi- Deputy Attorney General, Department of Justice; nation of Federal reporting requirements—clearing and Penn Kemble, Deputy Director, U.S. Informa- the measure for the President. Page H14206 tion Agency. Debt Limit Increase: House agreed to the Archer BANKRUPTCY JUDGESHIP ACT motion to refer to the Committee on Ways and Means the veto message and accompanying bill on Committee on the Judiciary: Subcommittee on Com- H.R. 2586, to provide for a temporary increase in mercial and Administrative Law held a hearing on H.R. 2604, Bankruptcy Judgeship Act of 1995. Tes- the public debt limit. Page H14206 timony was heard from Paul A. Magnuson, Chief Quorum Calls—Votes: Three yea-and-nays votes Judge, U.S. District Court of Minnesota and Chair- developed during the proceedings of the House man, Committee on Administration of the Bank- today and appear on pages H14187, H14201–02, ruptcy System, U.S. Judicial Conference; Paul and H14202–03. There were no quorum calls. Mannes, Chief Bankruptcy Judge, District of Mary- Adjournment: Met at 11 a.m. and adjourned at land, Chairman, Advisory Committee on Bank- 7:35 p.m. ruptcy, U.S. Judicial Conference; William A. Ander- son, Bankruptcy Judge, Western District of Virginia; Committee Meetings and a public witness. FARMER MAC STATUS; FARMER MAC EQUAL OPPORTUNITY ACT REFORM ACT Committee on the Judiciary: Subcommittee on the Con- Committee on Agriculture: Subcommittee on Resource stitution held a hearing on H.R. 2128, Equal Op- Conservation, Research, and Forestry held a hearing portunity Act of 1995. Testimony was heard from on the Status of the Federal Agricultural Mortgage Representatives Molinari, Fowler, and Jackson-Lee; Corporation (Farmer Mac) and on H.R. 2130, Farm- Deval Patrick, Assistant Attorney General, Civil er Mac Reform Act of 1995. Testimony was heard Rights Division, Department of Justice; and public from the following officials of the Farm Credit Ad- witnesses. ministration: Marsha P. Martin, Chairman; and Eu- ANTICOUNTERFEITING CONSUMER gene Branstool, Chairman, Federal Agricultural PROTECTION Mortgage Corporation (Farmer Mac); and Charles O. Sethness, Manager, Finance Department, Inter-Amer- Committee on the Judiciary: Subcommittee on Courts ican Development Bank. and Intellectual Property held a hearing on H.R. 2511, Anticounterfeiting Consumer Protection Act SMITHSONIAN INSTITUTION of 1995. Testimony was heard from Philip G. SESQUICENTENNIAL COMMEMORATIVE Hampton II, Assistant Commissioner for Trade- COIN marks, Patent and Trademark Office, Department of Committee on Banking and Financial Services: Sub- Commerce; Leonard S. Walton, Deputy Assistant committee on Domestic and International Monetary Commissioner, Office of Investigations, U.S. Cus- Policy approved for full Committee action amended toms Service, Department of the Treasury; and pub- H.R. 2627, Smithsonian Institution Sesquicentennial lic witnesses. Commemorative Coin Act of 1995. OVERSIGHT—‘‘COPS’’ PROGRAM MISCELLANEOUS MEASURE; DEMOCRACY, Committee on the Judiciary: Subcommittee on Crime RULE OF LAW AND POLICE TRAINING ASSISTANCE held an oversight hearing on the ‘‘COPS’’ Program, authorized by the Public Safety Partnership and Committee on International Relations: Ordered reported Community Policing Act of 1994 (Title I of the amended H. Con. Res. 117, concerning writer, polit- Violent Crime Control and Law Enforcement Act of ical philosopher, human rights advocate, and Nobel 1994). Testimony was heard from the following offi- Peace prize nominee Wei Jingsheng. cials of the Office of Community Oriented Policing The Committee also held a hearing on Democracy, Services, Department of Justice: Joseph E. Brann, Rule of Law and Police Training Assistance. Testi- Director; Benjamin Tucker, Deputy Director; and L. mony was heard from the following officials of the Anthony Sutin, Deputy Director, Administration. Department of State: Timothy Wirth, Under Sec- retary, Global Affairs; and Ambassador Robert OVERSIGHT—AGRICULTURAL GUEST Gelbard, Assistant Secretary, Bureau for International WORKER PROGRAMS Narcotics and Law Enforcement Affairs; J. Brian At- Committee on the Judiciary: Subcommittee on Immi- wood, Administrator, AID, U.S. International Devel- gration and Claims held an oversight hearing on ag- opment Cooperation Agency; Jamie S. Gorelick, ricultural guest worker programs. Testimony was D 1434 CONGRESSIONAL RECORD — DAILY DIGEST December 7, 1995 heard from John Fraser, Deputy Administrator, hire a special counsel in the matter of Representative Wage and Hour Division, Department of Labor; and Gingrich. public witnesses. MISCELLANEOUS MEASURES PUBLIC AIRCRAFT AND SPECIAL PURPOSE AIRCRAFT Committee on Resources: Subcommittee on National Parks, Forests and Lands approved for full committee Committee on Transportation and Infrastructure: Sub- action H.J. Res. 70, authorizing the Alpha Phi committee on Aviation held a hearing on Regulation Alpha Fraternity to establish a memorial to Martin of Public Aircraft by the FAA under Public Law Luther King, Jr. in the District of Columbia. 103–411 and on proposed restrictions on the use of Prior to this action, the Subcommittee held a Certain Special Purpose Aircraft under H.R. 1320, hearing on H.J. Res. 70 and the following measures: Special Purpose Aircraft Safety Act of 1995, Testi- H.R. 810, Revolutionary War and War of 1812 mony was heard from Senator Pressler; Anthony Historic Preservation Study Act of 1995; and H.R. Broderick, Associate Administrator, Regulations and 970, to improve the administration of the Women’s Certification, FAA, Department of Transportation; Rights National Historical Park in the State of New and Claudia Schechter, Director, Operations, Office York. Testimony was heard from Representatives of Aircraft Service, Department of the Interior, and Dixon, Morella, and Deal of Georgia; Denis Galvin, public witnesses. Associate Director, Planning Professional Services, National Park Service, Department of the Interior; MISCELLANEOUS MEASURES and a public witness. Committee on Transportation and Infrastructure: Sub- PUBLIC DEBT LIMIT ENFORCEMENT committee on Public Buildings and Economic De- Committee on Rules: Granted, by voice vote, a closed velopment approved for full Committee action and rule providing for consideration of H.R. 2621, to en- following bills: H.R. 2061, to designate the Federal force the public debt limit and to protect the Social building located at 1550 Dewey Avenue, Baker City, Security trust funds and other Federal trust funds OR as the ‘‘David J. Wheeler Federal Building;’’ and accounts invested in public debt obligations. H.R. 2111, amended, to designate the Social Secu- The rule provides for the adoption of the amend- rity Administration’s Western Program Service Cen- ment recommended by the Committee on Ways and ter located at 1221 Nevin Avenue, Richmond, CA, Means printed in the report of the Committee on as the ‘‘Francis J. Hagel Building;’’ H.R. 2305, to Rules. The rule also provides 1 hour of debate. Fi- designate the United States Courthouse for the East- nally, the rule provides one motion to recommit. ern District of Virginia in Alexandria, VA as the Testimony was heard from Chairman Archer and ‘‘Albert V. Bryan United States Courthouse;’’ H.R. Representative Gibbons. 2481, to designate the Federal Triangle project under construction at 14th Street and Pennsylvania FAA R&D PROGRAMS—INDUSTRY Avenue, NW, in the District of Columbia, as the PERSPECTIVE ‘‘Ronald Reagan Building and International Trade Committee on Science: Subcommittee on Technology Center;’’ H.R. 2504, to designate the Federal build- held a hearing on An Industry Perspective of FAA ing located at the corner of Patton Avenue and Otis R&D Programs. Testimony was heard from Robert Street, and the U.S. Courthouse located on Otis E. Whitehead, Associate Administrator, Office of Street, in Asheville, NC, as the ‘‘Veach-Baley Federal Aeronautics, NASA; Alan R. Thomas, Deputy As- Complex;’’ H.R. 2547, to designate the U.S. Court- sistant Administrator, Oceanic and Atmospheric Re- house located at 800 Market Street in Knoxville, search, NOAA, Department of Commerce; William TN, as the ‘‘Howard H. Baker, Jr. United States Laynor, Chief Technical Advisor, National Transpor- Courthouse;’’ H.R. 2556, to redesignate the Federal tation Safety Board. building located at 345 Middlefield Road in Menlo COMMITTEE BUSINESS Park, CA, and known as the Earth Sciences and Li- Committee on Standard of Official Conduct: Met in exec- brary Building, as the ‘‘Vincent E. McKelvey Federal utive session to consider pending business. Building;’’ and S. 369, to designate the Federal Courthouse in Decatur, AL., as the ‘‘Seybourn H. IN THE MATTER OF REPRESENTATIVE Lynne Federal Courthouse.’’ NEWT GINGRICH Prior to this action, the Subcommittee held a Committee on Standards: On December 6, the Com- hearing on these measures. Testimony was heard mittee met in executive session and unanimously from Representatives Eshoo, Cooley, Miller of Cali- voted a Resolution of Preliminary Inquiry and will fornia, Moran, Seastrand, Duncan, and Cramer. December 7, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1435 COMMITTEE MEETINGS FOR House FRIDAY, DECEMBER 8, 1995 Committee on Resources, hearing on the following bills: (Committee meetings are open unless otherwise indicated) H.R. 2706, to authorize the Secretary of the Interior to accept from a State donations of services of State employ- Senate ees to perform hunting management functions in a Na- tional Wildlife Refuge in a period of Government budg- Committee on Foreign Relations, to hold hearings on the etary shutdown; and H.R. 2677, National Parks and Na- nomination of Ralph R. Johnson, of Virginia, to be Am- tional Wildlife Refuge Systems Freedom Act of 1995, 10 bassador to the Slovak Republic, 9 a.m., SD–419. a.m., 1324 Longworth. Special Committee To Investigate Whitewater Development Corporation and Related Matters, business meeting, to con- Joint Meetings sider the issuance of subpoenas of certain documents, 11 Joint Economic Committee, to hold hearings to examine a.m., SH–216. the employment-unemployment situation for November, 9:30 a.m., SD–628. D 1436 CONGRESSIONAL RECORD — DAILY DIGEST December 7, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, December 8 12 noon, Monday, December 11

Senate Chamber House Chamber Program for Friday: Senate will begin consideration of Program for Monday: No legislative program is sched- S.J. Res. 31, Flag Desecration Constitutional Amend- uled. ment.

Extensions of Remarks, as inserted in this issue

HOUSE Frelinghuysen, Rodney P., N.J., E2306, E2315 Markey, Edward J., Mass., E2315 Frost, Martin, Tex., E2316 Martini, William J., N.J., E2306 Bereuter, Doug, Nebr., E2313, E2314 Gilman, Benjamin A., N.Y., E2312 Ney, Robert W., Ohio, E2314 Calvert, Ken, Calif., E2313 Goodlatte, Bob, Va., E2307 Packard, Ron, Calif., E2315 Cardin, Benjamin L., Md., E2316 Hall, Tony P., Ohio, E2306 Roth, Toby, Wis., E2317 Clinger, William F., Jr., Pa., E2305 Kanjorski, Paul E., Pa., E2305 Shuster, Bud, Pa., E2316 Coyne, William J., Pa., E2306 Kaptur, Marcy, Ohio, E2317 Smith, Christopher H., N.J., E2314 Crane, Philip M., Ill., E2309 Kolbe, Jim, Ariz., E2313 Stupak, Bart, Mich., E2305 Fowler, Tillie K., Fla., E2312, E2314, E2316 Lowey, Nita M., N.Y., E2317 Thompson, Bennie G., Miss., E2313

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